16 USC 460 - Acquisition of land

1 See References in Text note below.

of this title, may acquire lands, improvements, waters, or interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. The Secretary may not acquire fee title to any lands included within the park in 1986 which are designated on the map referred to in subsection (a) as “Scenic Easement Acquisition Areas”. The Secretary may acquire only scenic easements in such designated lands. Unless consented to by the owner from which the easement is acquired, any such scenic easement may not prohibit any activity, the subdivision of any land, or the construction of any building or other facility if such activity, subdivision, or construction would have been permitted under laws and ordinances of the unit of local government in which such land was located on

Editorial Notes

References in Text

Section 460ff–4 of this title, referred to in subsec. (span), was in the original “section 5 of this Act” meaning section 5 of Puspan. L. 93–555 which was repealed and section 6 was redesignated section 5 by Puspan. L. 106–291, title I, § 149(d), Oct. 11, 2000, 114 Stat. 956.

Codification

In subsec. (d), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(span), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Puspan. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Puspan. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2000—Puspan. L. 106–291, § 149(c)(2), substituted “the park” for “the recreation area” wherever appearing and “The park” for “The recreation area” in subsec. (a).

Subsec. (a). Puspan. L. 106–291, § 149(span), substituted “The park shall” for “The recreational area shall” and “National Park” for “National Recreation Area”.

1994—Subsec. (a). Puspan. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the United States Congress”.

1992—Subsec. (span). Puspan. L. 102–431 substituted “within the boundaries of the recreation area may be acquired only by donation or exchange for equal value. In determining the exchange value of lands of the State or any political subdivision thereof under this subsection, the Secretary shall not include in the value of those lands amounts paid from the land and water conservation fund, if any, for the original acquisition of those lands by the State or political subdivision” for “may be acquired only by donation”.

1986—Subsec. (a). Puspan. L. 99–606, § 16(1), (2), substituted “numbered 644–80,054 and dated July 1986” for “numbered 655–90,001–A and dated May 1978” and inserted provisions relating to City of Akron Lands on the map referred to in first sentence offered as donations or privately owned, and revision of such map.

Subsec. (span). Puspan. L. 99–606, § 16(3), inserted provisions prohibiting acquisition of fee title to any lands designated on the map referred to in subsection (a) as “Scenic Easement Acquisition Areas”, but acquisition of only scenic easement with no prohibition on activities unless consented to by owner, if such activity, etc. would have been permitted under laws of the local government on Apr. 1, 1986.

1979—Subsec. (a). Puspan. L. 96–87 substituted “numbered 655–90,001–A” for “numbered 90,001–A”.

1978—Subsec. (a). Puspan. L. 95–625, § 315(a), (f), substituted reference to Boundary Map “numbered 90,001–A, and dated May 1978” for “numbered 90,000–A, and dated September 1976” and inserted provision for land acquisition of the Hydraulic Brick Company and administration of the property as part of the recreation area.

Subsec. (e). Puspan. L. 95–625, § 315(d), provided for substitution of date “January 1, 1978” for “January 1, 1975” wherever appearing in application of the subsec. to lands and interests therein added to the recreation area by action of the Ninety-fifth Congress.

1976—Subsec. (a). Puspan. L. 94–578 substituted “ ‘Boundary Map, Cuyahoga Valley National Recreation Area, Ohio’, numbered 90,000–A, and dated September 1976” for “ ‘Boundary Map, Cuyahoga Valley National Recreation Area, Ohio’, numbered NRA–CUYA–20,000–A, and dated December 1974”.