16 U.S.C. § 460bb–2 — Acquisition policy
submitted 54 years ago by Pub. L. 92-589 to r/title-16-CONSERVATION · 2,303 words · no verdicts yet
This section lets the Secretary buy, exchange, or receive transferred land for the Golden Gate Recreation Area, including specific military properties like Fort Cronkhite and parts of the Presidio. It sets rules for California-owned land, new construction limits, and letting prior owners keep lifetime use of their homes. It also authorizes installment payment plans for landowners.
(a) Authority of Secretary; exchange of property; disposal of certain lands; transfer from Federal agency to administrative jurisdiction of Secretary; facilities under permit from Secretary of the Army: Inside the recreation area's boundaries, the Secretary may acquire land, buildings, water, or interests in them by donation, purchase, exchange, or transfer. Land owned by California or its local governments can only be acquired by donation. If a tract of land is only partly inside the boundaries, the Secretary may acquire the outside part too, to avoid paying severance costs, and may later exchange that outside land for non-federal land within the boundaries. Any acquired outside land not used in an exchange must be reported to the General Services Administration for disposal under specified title 40 and title 41 provisions — but it can never be sold for less than fair market value. Federal property already inside the boundaries transfers, without payment, to the Secretary's administrative control, though existing uses may continue if the Secretary and the agency that previously had jurisdiction agree. Despite any other law, the Secretary may also develop and run structures, improvements, and facilities on land used under a permit of use and occupancy from the Secretary of the Army.
(b) Transfer of certain properties to administrative jurisdiction of Secretary: Fort Cronkhite, Fort Barry, and the westerly half of Fort Baker, in Marin County, transfer to the Secretary's jurisdiction, subject to continued use and occupancy by the Secretary of the Army for lands still needed for air defense missions, reserve activities, and family housing, until the Army determines those needs no longer exist. The Coast Guard Radio Receiver Station stays under the jurisdiction of the Secretary of the department operating the Coast Guard; once it is found excess to Coast Guard needs, it transfers to the Secretary's jurisdiction.
(c) Military property; public service facilities: The easterly half of Fort Baker stays under the Department of the Army's jurisdiction until the Department of Defense finds it excess to its needs, at which point it transfers to the Secretary. The Secretary of the Army must grant the Secretary reasonable public access through that property to Horseshoe Bay, plus the right to build and maintain public service facilities needed for this subchapter's purposes, with the exact facilities and location determined between the two Secretaries.
(d) Presidio of San Francisco: Upon enactment, the Secretary of the Army must grant the Secretary irrevocable use and occupancy of 100 acres of the Baker Beach area of the Presidio of San Francisco.
(e) Use and occupancy of airfield acreage: The Secretary of the Army must grant the Secretary, within a reasonable time, irrevocable use and occupancy of 45 acres of the Crissy Army Airfield at the Presidio.
(f) Transfer of remainder to administrative jurisdiction of Secretary: When all or a substantial part of the rest of the Presidio is found excess to the Department of Defense's needs, it transfers to the Secretary's jurisdiction. The Secretary must grant a permit letting the Coast Guard continue using the portion of the Fort Point Coast Guard Station it still needs.
(g) Transfer of certain Coast Guard properties: Point Bonita, Point Diablo, Point Montara, and Lime Point stay under the jurisdiction of the Secretary of the department operating the Coast Guard, until found excess to Coast Guard needs, at which point they transfer to the Secretary. The Coast Guard may keep maintaining and operating existing navigational aids there, but access to them, and installation of any new navigational aids, must follow plans that both Secretaries agree are consistent with this subchapter's purposes and existing navigational-aid law.
(h) Transfer of certain property of Navy Department: About 1.7 acres of Fort Miley, presently used by the Secretary of the Navy for inshore, underseas warfare installations, stays under Navy Department jurisdiction until the Department of Defense finds all or part of it excess to its needs, at which point that excess part transfers to the Secretary. The Pillar Point Military Reservation, under the Secretary of Defense's jurisdiction, transfers to the Secretary once it, or any portion, becomes excess to the Department of Defense's needs.
(i) New construction; limitation; notice and public hearing; exceptions: New construction and development within the recreation area's boundaries, on land under the administrative jurisdiction of a department other than the Secretary's, is prohibited — except that improvements on land not yet transferred to the Secretary's jurisdiction may be reconstructed or demolished. A demolished structure may be replaced with one of similar size, following consultation with the Secretary (or a designated representative), who must hold a public hearing near the area, with at least one week's notice beforehand. This construction limit doesn't apply to expanding Letterman General Hospital or the Western Medical Institute of Research.
(j) Owner's reservation of right of use and occupancy for residential purposes: The owner of improved residential or agricultural property, as of the date the Secretary acquires it, may keep a right to use and occupy it — either for a fixed term of up to 25 years, or, instead, for a term ending at the death of the owner or the owner's spouse, whichever is later; the owner chooses the term. Unless the property is wholly or partly donated, the Secretary must pay the owner the property's fair market value on the acquisition date, minus the fair market value of the right the owner kept. The Secretary may end this retained right early upon determining it is being used inconsistently with this subchapter's purposes; it then ends by operation of law once the Secretary notifies the holder and pays the fair market value of whatever unexpired portion of the right remains. Where appropriate, the Secretary may lease back federally owned land that was agricultural before acquisition, subject to restrictive covenants needed to carry out this subchapter's purposes; any such lease must first be offered to the person who owned or leased the land immediately before its acquisition.
(k) "Improved and agricultural property" defined: "Improved property" means a detached, noncommercial residential dwelling whose construction began before June 1, 1971 (or, for land added by the 95th Congress, before October 1, 1978), plus as much surrounding land — in the same ownership — as the Secretary designates as reasonably necessary for enjoying the dwelling for noncommercial residential use, plus any accessory structures on that designated land. "Agricultural property" means land in regular use for agricultural, ranching, or dairying purposes as of January 1, 1978, together with the residential and other structures related to those uses as they existed on that date.
(l) Relocation assistance benefits and rights: An owner who elects to retain a right of use and occupancy is treated as having waived any benefits or rights under specified federal relocation-assistance provisions (sections 4623 through 4626 of title 42), and is not considered a "displaced person" under those provisions.
(m) Acquisition of land; contract authority; installment payments: Despite any other law, the Secretary has the same contracting authority for acquiring land here that the Secretary of the Treasury has for buying public-building sites. The Secretary and a landowner may agree that the purchase price will be paid in periodic installments over up to ten years, with interest on the unpaid balance capped at the current average market yield on comparable U.S. government obligations. Judgments against the United States exceeding the amount already deposited in court in condemnation actions are subject to the standard federal-judgment provisions in titles 28 and 31.
(n) Management of State donated lands: The Secretary must accept and manage, under this subchapter, any land and improvements adjacent to the recreation area donated by California or its political subdivisions; the recreation area's boundaries change to include such donated land.
(o) Payment deferral; scheduling; interest rate: For land Congress authorized acquiring under the 95th Congress, the Secretary may, if the landowner agrees, defer payment or schedule it over up to ten years, paying interest on the unpaid balance at a rate no higher than the U.S. Treasury's own borrowing rate.
(p) San Francisco water department property; scenic and recreational easement: For the land known as the San Francisco water department property, shown on the map referenced in subsection (b), the Secretary must administer it under two documents titled "Grant of Scenic Easement" and "Grant of Scenic and Recreational Easement," both executed January 15, 1969 between San Francisco and the United States, including later amendments the parties agree to after December 28, 1980. The Secretary may seek agreements to establish a trail through this property connecting to a suitable beach unit under the Secretary's jurisdiction.
Within the boundaries of the recreation area, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under 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: Provided, That no disposal shall be for less than fair market value. Except as hereinafter provided, Federal property within the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this subchapter, subject to the continuation of such existing uses as may be agreed upon between the Secretary and the head of the agency formerly having jurisdiction over the property. Notwithstanding any other provision of law, the Secretary may develop and administer for the purposes of this subchapter structures or other improvements and facilities on lands for which he receives a permit of use and occupancy from the Secretary of the Army.
Fort Cronkhite, Fort Barry, and the westerly one-half of Fort Baker, in Marin County, California, as depicted on the map entitled “Golden Gate Military Properties” numbered NRAGG–20,002 and dated January 1972, which shall be on file and available for public inspection in the offices of the National Park Service, are hereby transferred to the jurisdiction of the Secretary for purposes of this subchapter, subject to continued use and occupancy by the Secretary of the Army of those lands needed for existing air defense missions, reserve activities and family housing, until he determines that such requirements no longer exist. The Coast Guard Radio Receiver Station, shall remain under the jurisdiction of the Secretary of the Department in which the Coast Guard is operating. When this station is determined to be excess to the needs of the Coast Guard, it shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter.
The easterly one-half of Fort Baker in Marin County, California, shall remain under the jurisdiction of the Department of the Army. When this property is determined by the Department of Defense to be excess to its needs, it shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. The Secretary of the Army shall grant to the Secretary reasonable public access through such property to Horseshoe Bay, together with the right to construct and maintain such public service facilities as are necessary for the purposes of this subchapter. The precise facilities and location thereof shall be determined between the Secretary and the Secretary of the Army.
Upon enactment, the Secretary of the Army shall grant to the Secretary the irrevocable use and occupancy of one hundred acres of the Baker Beach area of the Presidio of San Francisco, as depicted on the map referred to in subsection (b).
The Secretary of the Army shall grant to the Secretary within a reasonable time, the irrevocable use and occupancy of forty-five acres of the Crissy Army Airfield of the Presidio, as depicted on the map referred to in subsection (b).
When all or any substantial portion of the remainder of the Presidio is determined by the Department of Defense to be excess to its needs, such lands shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. The Secretary shall grant a permit for continued use and occupancy for that portion of said Fort Point Coast Guard Station necessary for activities of the Coast Guard.
Point Bonita, Point Diablo, Point Montara, and Lime Point shall remain under the jurisdiction of the Secretary of the Department in which the Coast Guard is operating. When this property is determined to be excess to the needs of the Coast Guard, it shall be transferred to the jurisdiction of the Secretary for purposes of this subchapter. The Coast Guard may continue to maintain and operate existing navigational aids: Provided, That access to such navigational aids and the installation of necessary new navigational aids within the recreation area shall be undertaken in accordance with plans which are mutually acceptable to the Secretary and the Secretary of the Department in which the Coast Guard is operating and which are consistent with both the purposes of this subchapter and the purpose of existing statutes dealing with establishment, maintenance, and operation of navigational aids.
That portion of Fort Miley comprising approximately one and seven-tenths acres of land presently used and required by the Secretary of the Navy for its inshore, underseas warfare installations shall remain under the administrative jurisdiction of the Department of the Navy until such time as all or any portion thereof is determined by the Department of Defense to be excess to its needs, at which time such excess portion shall be transferred to the administrative jurisdiction of the Secretary for purposes of this subchapter. That property known as the Pillar Point Military Reservation, under the jurisdiction of the Secretary of Defense shall be transferred to the administrative jurisdiction of the Secretary at such time as the property, or any portion thereof, becomes excess to the needs of the Department of Defense.
New construction and development within the boundaries described in section 460bb–1(a) of this title on lands under the administrative jurisdiction of a department other than that of the Secretary is prohibited, except that improvements on lands which have not been transferred to his administrative jurisdiction may be reconstructed or demolished. Any such structure which is demolished may be replaced with an improvement of similar size, following consultation with the Secretary or his designated representative, who shall conduct a public hearing at a location in the general vicinity of the area, notice of which shall be given at least one week prior to the date thereof. The foregoing limitation on construction and development shall not apply to expansion of those facilities known as Letterman General Hospital or the Western Medical Institute of Research.
The owner of improved residential property or of agricultural property on the date of its acquisition by the Secretary under this subchapter may, as a condition of such acquisition, retain for himself and his or her heirs and assigns a right of use and occupancy for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or the death of his or her spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partly donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of acquisition minus the fair market value on that date of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his or her determination that it is being exercised in a manner inconsistent with the purposes of this subchapter, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him or her an amount equal to the fair market value of that portion of the right which remains unexpired. Where appropriate in the discretion of the Secretary, he or she may lease federally owned land (or any interest therein) which has been acquired by the Secretary under this subchapter, and which was agricultural land prior to its acquisition. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this subchapter. Any land to be leased by the Secretary under this section shall be offered first for such lease to the person who owned such land or who was a leaseholder thereon immediately before its acquisition by the United States.
The term “improved property”, as used in subsection (j) of this section, means a detached, noncommercial residential dwelling, the construction of which was begun before June 1, 1971, or, in the case of areas added by action of the Ninety-fifth Congress, October 1, 1978, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. The term “agricultural property” as used in this subchapter means lands which are in regular use for agricultural, ranching, or dairying purposes as of January 1, 1978, together with residential and other structures related to the above uses of the property as such structures exist on said date.
Whenever an owner of property elects to retain a right of use and occupancy as provided for in this subchapter, such owner shall be deemed to have waived any benefits or rights accruing under sections 4623, 4624, 4625, and 4626 of title 42, and for the purposes of those sections such owner shall not be considered a displaced person as defined in section 4601(6) of title 42.
Notwithstanding any other provision of law, the Secretary shall have the same authority with respect to contracts for the acquisition of land and interests in land for the purposes of this subchapter as was given the Secretary of the Treasury for other land acquisitions by section 3171 of title 40 relating to purchase of sites for public buildings, and the Secretary and the owner of land to be acquired under this subchapter may agree that the purchase price will be paid in periodic installments over a period that does not exceed ten years, with interest on the unpaid balance thereof at a rate which is not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities on the installments. Judgments against the United States for amounts in excess of the deposit in court made in condemnation actions shall be subject to the provisions of section 1304 of title 31 and sections 2414 and 2517 of title 28.
The Secretary shall accept and shall manage in accordance with this subchapter, any land and improvements adjacent to the recreation area which are donated by the State of California or its political subdivisions. The boundaries of the recreation area shall be changed to include such donated lands.
In acquiring those lands authorized by the Ninety-fifth Congress for the purposes of this subchapter, 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 that paid by the Treasury of the United States for borrowing purposes.
With reference to those lands known as the San Francisco water department property shown on map numbered NRA GG–80,000–A, the Secretary shall administer such land in accordance with the provisions of the documents entitled “Grant of Scenic Easement”, and “Grant of Scenic and Recreational Easement”, both executed on January 15, 1969, between the city and county of San Francisco and the United States, including such amendments to the subject document as may be agreed to by the affected parties subsequent to December 28, 1980. The Secretary is authorized to seek appropriate agreements needed to establish a trail within this property and connecting with a suitable beach unit under the jurisdiction of the Secretary.
Source credit: (Pub. L. 92–589, § 3, Oct. 27, 1972, 86 Stat. 1299; Pub. L. 95–625, title III, § 317(b)–(e), Nov. 10, 1978, 92 Stat. 3485; Pub. L. 96–607, title X, § 1001(3)–(5), Dec. 28, 1980, 94 Stat. 3544.)
- 1972Enacted · Pub. L. 92-589 · 86 Stat. 1299
- 1978Amended · Pub. L. 95-625 · 92 Stat. 3485
- 1980Amended · Pub. L. 96-607 · 94 Stat. 3544
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-589 on 1972-10-27.
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