16 U.S.C. § 398d — Acquisition of lands, waters, and interests therein
submitted 64 years ago by Pub. L. 87-750 to r/title-16-CONSERVATION · 613 words · no verdicts yet
The Secretary of the Interior may buy land, water, and rights inside the Virgin Islands National Park. The Secretary must try to hire and train local residents to run the park. Property owners on Hassel Island can keep living there for years after the government buys their land.
(a) Authorization; payment requirements; interest rate
Inside the park's boundaries, the Secretary of the Interior may acquire land, water, and related rights. The Secretary can do this by buying them, trading for them, accepting them as gifts, or using donated money. For up to 6.6 acres total, if the landowner agrees, the Secretary may delay payment or spread it out over ten years. The Secretary must pay interest on any unpaid balance, but not more than the going commercial interest rate.
(b) Employment and training of residents to develop, etc., area
The Secretary must try, as much as possible, to hire and train Virgin Islands residents. They help develop, maintain, and run the park.
(c) Payment requirements for acquisition of Hassel Island from United States
The Virgin Islands government can buy back all of the United States' interest in Hassel Island. It must do this within five years after August 18, 1978 — not later — through its own legislation. It must pay back the United States the exact amount the United States spent buying the land and building permanent improvements there. The island must stay protected and used for park and recreation purposes, plus any other conditions the Secretary sets.
(d) Rights of owners of improved property on Hassel Island to use and occupancy of property for noncommercial residential purposes
If someone owned "improved property" on Hassel Island when the government acquired it, they may keep a right to live there for non-business purposes. This applies unless the Secretary needs that specific property for visitor facilities or running the park. The owner chooses between two options: a fixed 25-year right, or a right that lasts until the owner or the owner's spouse dies, whichever happens later. The Secretary must pay the owner the property's full fair market value on the acquisition date, minus the value of the right the owner keeps.
"Improved property" means a single-family home whose construction started before January 1, 1977, along with the land it sits on and any other buildings that go with it.
The Secretary's power to take the Royal Mail hotel property through condemnation is paused for ten years starting August 18, 1978. This pause applies only if the owners agree, in writing, within 90 days of that date, to let the United States buy the property later at a price both sides agree on — a price no higher than the property's value on July 1, 1978.
The Secretary may later end someone's right to use and occupy their property. This can happen if the Secretary decides the person is using it, or might use it, in a way that conflicts with the park's purposes. If the Secretary ends the right early, the Secretary must pay the person the value of whatever time was left on that right.
Within the boundaries of Virgin Islands National Park as established and adjusted pursuant to sections 398 and 398a of this title, and as revised by sections 398c to 398f of this title, the Secretary of the Interior is authorized to acquire lands, waters, and interests therein by purchase, exchange or donation or with donated funds. In acquiring such lands, up to 6.6 acres, the Secretary may, when agreed upon by the landowner involved, defer payment or schedule payments over a period of ten years and pay interest on the unpaid balance at a rate not exceeding the current prevailing commercial rate.
The Secretary is authorized and directed to the maximum extent feasible to employ and train residents of the Virgin Islands to develop, maintain, and administer the Virgin Islands National Park.
Subject to continued protection and use of Hassel Island for park and recreation purposes, and such other conditions as the Secretary may deem appropriate, the Territory of the Virgin Islands may, within, but not after, five years after August 18, 1978, by duly enacted legislation acquire all interests of the United States in Hassel Island by reimbursing the United States in an amount equal to the amount actually expended by the United States for the acquisition of lands and interests in lands and for the costs of construction of permanent improvements, if any.
Except for property deemed necessary by the Secretary of the Interior for visitor facilities or administration of the park, any owner or owners of improved property on Hassel Island on the date of its acquisition, may retain for themselves a right of use and occupancy of the property for noncommercial residential purposes for twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the owner’s spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. The authority of the Secretary to acquire the property commonly known as the Royal Mail (hotel) by condemnation shall be suspended for ten years from August 18, 1978, if such owner or owners agree, in writing, within ninety days after August 18, 1978, to grant to the United States the right to purchase such property at a purchase price, mutually agreed upon by the Secretary and the landowner, which does not exceed the fixed value of said property on July 1, 1978.
As used in subsection (d)(1), “improved property” means a single-family dwelling, the construction of which began before January 1, 1977, together with such lands as are in the same ownership and appurtenant buildings located thereon.
The Secretary may terminate a right of use and occupancy retained pursuant to subsection (d)(1) upon his determination that such use and occupancy is being, or may be, exercised in a manner inconsistent with the purposes for which they were included within the park and upon tender to the holder of such right of the amount equal to the value of that portion of the right which remains unexpired on the date of termination.
Source credit: (Pub. L. 87–750, § 2, Oct. 5, 1962, 76 Stat. 747; Pub. L. 95–348, § 7(b)(1)–(3), Aug. 18, 1978, 92 Stat. 494.)
- 1962Enacted · Pub. L. 87-750 · 76 Stat. 747
- 1978Amended · Pub. L. 95-348 · 92 Stat. 494
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-750 on 1962-10-05.
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