CITE

    16 USC Sec. 460m-9                                          01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

HEAD

    Sec. 460m-9. Acquisition of lands and waters

STATUTE

    (a) Donation, purchase, and exchange; reimbursement of State of
      Arkansas
      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 the Federal Property and Administrative
    Services Act of 1949, as amended. 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.
    (b) Retention of rights
      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.
    (c) "Improved property" defined
      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

    (Pub. L. 92-237, Sec. 2, Mar. 1, 1972, 86 Stat. 44.)

REFERENCES IN TEXT

      The Federal Property and Administrative Services Act of 1949, as
    amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
    63 Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.