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16 U.S.C. § 396fAcquisition of private lands; creation of surplus property accounts; transfer and sale of accounts

submitted 43 years ago by Pub. L. 98-146 to r/title-16-CONSERVATION · 283 words · no verdicts yet

in plain englishAI-generated · not legal advice

Regardless of other laws, the Secretary of the Interior must try to buy private land for Kaloko-Honokohau park using a special credit system. Each landowner gets a "surplus property account" credited with the appraised sale price of their land, which they can use to bid on federal surplus property or trade for other federal land — or sell or transfer those credits to someone else.

Regardless of any other law, the Secretary of the Interior is authorized, and must try, to acquire the private lands described in section 396d(a) of this title. Instead of paying landowners directly, the government credits a "surplus property account" set up in each landowner's name, in the amount the land is worth. The National Park Service updates the land's appraised value, and based on that value, negotiates an acquisition price with the landowner. Using the credits in their account, each landowner can bid on federal surplus property anywhere, the same as any other bidder, following the surplus-property laws in titles 40 and 41 of the U.S. Code (with certain listed exceptions). The General Services Administration sets up and manages these accounts, adjusting the credit balance as landowners win bids. Title to the land itself passes to the government as soon as the surplus property account is set up — the landowner doesn't have to wait until they've spent the credit. A landowner can sell or transfer all or part of their account credits to someone else at any time; that new owner then gets all the rights the original landowner had, and the original owner must tell the government administrator about the transfer. At any time, subject to available funding, the Secretary may instead simply buy out the remaining balance in a landowner's account with cash. Landowners can also use their credits to trade for other excess federal land anywhere under the Secretary of the Interior's control.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of law, the Secretary of the Interior is authorized and shall seek to acquire the private lands described in section 396d(a) of this title, by crediting a surplus property account, to be established in the name of each landowner, in the amount of the acquisition price for such landowner’s lands. The National Park Service shall update the existing appraisals for the parcels and, based on the approved appraised values, shall negotiate with the landowners for acquisition prices. Each owner may, using such credits in his surplus property account, bid, as any other bidder for surplus property, wherever located, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. The Administrator of the General Services Administration shall establish each landowner’s surplus property account and shall adjust the credits in such accounts to reflect successful bids under this section. Title to the lands described in this section shall pass to the Government at the time of establishment of the surplus property accounts. The credits in any of the surplus property accounts may be transferred or sold in whole or in part at any time by the landowner to any other party, thereby vesting such party with all the rights of the landowner, and after such transfer, the landowner shall notify the Administrator of the transfer. At any time the Secretary may purchase the balance of any surplus property account subject to the availability of appropriated funds. The land owner 1 may also use the credits in exchange for excess lands, wherever located, under the jurisdiction of the Secretary of the Interior.

Source credit: (Pub. L. 98–146, title III, § 317, Nov. 4, 1983, 97 Stat. 954; Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 708.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 98-146 · 97 Stat. 954
  • 1989Amended · Pub. L. 101-121 · 103 Stat. 708

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-146 on 1983-11-04.

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