16 U.S.C. § 460m–9 — Acquisition of lands and waters
submitted 54 years ago by Pub. L. 92-237 to r/title-16-CONSERVATION · 663 words · no verdicts yet
Inside the Buffalo National River, the Secretary can buy, trade for, or accept donated land. Arkansas's own land can only come as a donation, though the state can be paid back up to $375,000 for park facilities it built. Owners of homes or farms can sometimes keep living or working there after selling.
(a) Donation, purchase, and exchange; reimbursement of State of Arkansas. Inside the Buffalo National River's boundaries, the Secretary can acquire land and water, or interests in them, by donation, purchase, or exchange. Land owned by the State of Arkansas or one of its local governments is the exception — that land can only be acquired by donation. However, the Secretary may use development funds to reimburse Arkansas for its share of the cost of facilities it built on state park land, but only if the Secretary approved how they were built and they were built after March 1, 1972. That reimbursement can never total more than $375,000.
If a piece of land is only partly inside the boundaries, the Secretary can still buy the whole tract, using any of the methods above, to avoid paying severance costs. If land bought this way ends up outside the park's boundaries, the Secretary can trade it for private land inside the boundaries. Any leftover land not used in a trade can be disposed of under the general federal property-disposal laws (title 40, chapters 1–11, and most of title 41, subtitle I, division C). With the agreement of the agency that currently controls it, any other federal property inside the boundaries can also be handed over to the Secretary at no cost, to become part of the national river.
(b) Retention of rights. If the Secretary buys a home used only for noncommercial residential purposes, or land used only for farming (including grazing), the owner can usually keep a right to keep using it — unless the Secretary decides the property is needed for running, developing, accessing, or the public's use of the park. This right lasts until the owner dies, or until the owner's spouse dies if that's later. Instead, the owner can choose a fixed term of up to 25 years from the date of acquisition. The owner picks which option at the time of sale. The Secretary still pays the property's fair market value, minus the fair market value of the right the owner keeps. The owner can sell or transfer this right while it lasts, but it always stays subject to conditions the Secretary sets to make sure the property is used consistent with this subchapter's purposes. If the Secretary later decides the property isn't being used that way anymore, the Secretary can end the right early — but must pay the holder the fair market value of whatever time was left on the right, as of the date it's ended.
(c) "Improved property" defined. This term means a detached, year-round, single-family home that was the owner's permanent residence when the government acquired it, and whose construction started before September 3, 1969. It also includes as much of the surrounding land — owned by the same person as the home — as the Secretary decides is reasonably needed to enjoy the home for noncommercial residential use only.
Within the boundaries of the Buffalo National River, the Secretary may acquire lands and waters or interests therein by donation, purchase or exchange, except that lands owned by the State of Arkansas or a political subdivision thereof may be acquired only by donation: Provided, That the Secretary may, with funds appropriated for development of the area, reimburse such State for its share of the cost of facilities developed on State park lands if such facilities were developed in a manner approved by the Secretary and if the development of such facilities commenced subsequent to March 1, 1972: Provided further, That such reimbursement shall not exceed a total of $375,000. When an individual tract of land is only partly within the boundaries of the national river, the Secretary may acquire all of the tract by any of the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries of the national river may be exchanged by the Secretary for non-Federal lands within the national river boundaries, and any portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of 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. With the concurrence of the agency having custody thereof, any Federal property within the boundaries of the national river may be transferred without consideration to the administrative jurisdiction of the Secretary for administration as part of the national river.
Except for property which the Secretary determines to be necessary for the purposes of administration, development, access or public use, an owner or owners (hereafter referred to as “owner”) of any improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary or any owner of lands used solely for agricultural purposes (including, but not limited to, grazing) may retain, as a condition of the acquisition of such property or lands, a right of use and occupancy of such property for such residential or agricultural purposes. The term of the right retained shall expire upon the death of the owner or the death of his spouse, whichever occurs later, or in lieu thereof, after a definite term which shall not exceed twenty-five years after the date of acquisition. The owner shall elect, at the time of conveyance, the term of the right reserved. The Secretary shall pay the owner the fair market value of the property on the date of such acquisition, less the fair market value of the term retained by the owner. Such right may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of such property in accordance with the purposes of this subchapter. Upon a determination that the property, or any portion thereof, has ceased to be used in accordance with such terms and conditions, the Secretary may terminate the right of use and occupancy by tendering to the holder of such right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination.
As used in this section the term “improved property” means a detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and construction of which was begun before September 3, 1969, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.
Source credit: (Pub. L. 92–237, § 2, Mar. 1, 1972, 86 Stat. 44.)
- 1972Enacted · Pub. L. 92-237 · 86 Stat. 44
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-237 on 1972-03-01.
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