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U.S. Code, Title 16, Conservation
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 459c–2. Acquisition of Property
(a) Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary; liability of United States under contracts contingent on appropriations
The Secretary is authorized to acquire, and it is the intent of Congress that he shall acquire as rapidly as appropriated funds become available for this purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise the lands, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 459c–1 of this title or which lie within the boundaries of the seashore as established under section 459c–4 of this title (hereinafter referred to as "such area"). Any property, or interest therein, owned by a State or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of sections 459c to 459c–7 of this title. In exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by section 459c–7 of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred.
(b) Payment for acquisition; fair market value
The Secretary is authorized to pay for any acquisitions which he makes by purchase under sections 459c to 459c–7 of this title their fair market value, as determined by the Secretary, who may in his discretion base his determination on an independent appraisal obtained by him.
(c) Exchange of property; cash equalization payments
In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within California and adjacent States, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value, provided that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.
(Pub. L. 87–657, § 3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91–223, § 2(a), Apr. 3, 1970, 84 Stat. 90.)
1970—Pub. L. 91–223 substituted introductory "The" for "Except as provided in section 459c–3 of this title, the".
Section Referred to in Other Sections
This section is referred to in sections 459c–4, 459c–5, 459c–6, 459c–6b, 459c–7 of this title.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 459c– 2. Acquisition of Property," U.S. Code, Title 16, Conservation in U.S. Code, Title 16, Conservation (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed March 20, 2025, http://www.originalsources.com/Document.aspx?DocID=4L6FUIB8KN2JKTG.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 459c– 2. Acquisition of Property." U.S. Code, Title 16, Conservation, in U.S. Code, Title 16, Conservation, Washington, D.C., Government Printing Office, 2002, Original Sources. 20 Mar. 2025. http://www.originalsources.com/Document.aspx?DocID=4L6FUIB8KN2JKTG.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 459c– 2. Acquisition of Property' in U.S. Code, Title 16, Conservation. cited in 2002, U.S. Code, Title 16, Conservation, Government Printing Office, Washington, D.C.. Original Sources, retrieved 20 March 2025, from http://www.originalsources.com/Document.aspx?DocID=4L6FUIB8KN2JKTG.
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