---
kind: "section"
citation: "16 U.S.C. § 410ff–1"
title: "16"
title_heading: "Conservation"
number: "410ff–1"
heading: "Acquisition of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410ff-1"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–D — Channel Islands National Park"
---

# §410ff–1. Acquisition of property

- (a) **Authority of Secretary of the Interior; fair market value; State-owned land; Federal property located within park—** Within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) as established in [section 410ff of this title](/usc/16/410ff.md), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) is authorized to [acquire](/usc/16/620e.md?p=1) lands, waters, or interests therein (including but not limited to scenic easements) by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or otherwise. Unless the property is wholly or partially donated, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the fair market value of the property on the date of its [acquisition](/usc/16/620e.md?p=1), less the fair market value on that date of any right retained by the [owner](/usc/16/429b–3.md?p=4). Any lands, waters, or interests therein owned by the [State](/usc/16/590q.md?p=a) of California or any political [subdivision](/usc/16/539m–1.md?p=15) thereof shall not be acquired. Notwithstanding any other provision of law, Federal property located within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) shall with the concurrence of the head of the agency having custody thereof, be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for the purposes of the [park](/usc/16/410r–5.md?p=c-3): Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) shall permit the use of federally owned [park](/usc/16/410r–5.md?p=c-3) lands and waters which (i) have been transferred from another Federal agency pursuant to this section or which (ii) were the subject of a lease or permit issued by a Federal agency as of March 5, 1980, for essential national security missions and for navigational aids, subject to such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) deems necessary to protect [park](/usc/16/410r–5.md?p=c-3) resources.
- (b) **Lands owned, or under option to, National Park Foundation, The Nature Conservancy, or similar organizations—** Notwithstanding the [acquisition](/usc/16/620e.md?p=1) authority contained in [subsection (a)](#a), any lands, waters, or interests therein, which are owned wholly or in part, by or which hereafter may be owned by, or under option to, the National [Park](/usc/16/410r–5.md?p=c-3) [Foundation](/usc/16/450ss–1.md?p=1), The Nature Conservancy (including any lands, waters, or interests therein which are designated as “Nature Conservancy Lands” on the [map](/usc/16/430f–7.md?p=1) referred to in [section 410ff of this title](/usc/16/410ff.md)) or any similar national, nonprofit conservation organization, or an affiliate or subsidiary thereof shall be acquired only with the consent of the [owner](/usc/16/429b–3.md?p=4) thereof: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) such property in accordance with the provisions of this subchapter if he determines that the property is undergoing or is about to undergo a change in use which is inconsistent with the purposes of this subchapter.
- (c) **Privately owned lands on Santa Rosa Island—** With respect to the privately owned lands on Santa Rosa Island, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1) such lands as expeditiously as possible after March 5, 1980. The [acquisition](/usc/16/620e.md?p=1) of these lands shall [take](/usc/16/3102.md?p=18) priority over the [acquisition](/usc/16/620e.md?p=1) of other privately owned lands within the [park](/usc/16/410r–5.md?p=c-3).
- (d) **Retention of rights by owners; compatible use under lease—**
  - (1) The [owner](/usc/16/429b–3.md?p=4) of any private property may, on the date of its [acquisition](/usc/16/620e.md?p=1) and as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself a right of use and occupancy of all or such portion of such property as the [owner](/usc/16/429b–3.md?p=4) may elect for a definite term of not more than twenty-five years, or ending at the death of the [owner](/usc/16/429b–3.md?p=4), or his spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Any such right retained pursuant to this subsection with respect to any property shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that such property is being used for any purpose which is incompatible with the administration of the [park](/usc/16/410r–5.md?p=c-3) or with the preservation of the resources therein, and it shall terminate by operation of law upon notification by the [Secretary](/usc/16/410r–5.md?p=c-1) to the holder of the right, of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired.
  - (2) In the case of any property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to this subchapter with respect to which a right of use and occupancy was not reserved by the former [owner](/usc/16/429b–3.md?p=4) pursuant to this subsection, at the request of the former [owner](/usc/16/429b–3.md?p=4), the [Secretary](/usc/16/410r–5.md?p=c-1) may enter into a lease agreement with the former [owner](/usc/16/429b–3.md?p=4) under which the former [owner](/usc/16/429b–3.md?p=4) may continue any [existing use](/usc/16/539m–1.md?p=3) of such property which is compatible with the administration of the [park](/usc/16/410r–5.md?p=c-3) and with the preservation of the resources therein.
  - (3) Any right retained pursuant to this subsection, and any lease entered into under [paragraph (2)](#d-2), shall be subject to such access and other provisions as may be required by the [Secretary](/usc/16/410r–5.md?p=c-1) for visitor use and resources management.
- (e) **Acquisition of certain property on Santa Cruz Island—**
  - (1) Notwithstanding any other provision of law, effective 90 days after November 12, 1996, all right, title, and interest in and to, and the right to immediate possession of, the real property on the eastern end of Santa Cruz Island which is known as the Gherini Ranch is hereby vested in the United States, except for the reserved rights of use and occupancy set forth in Instrument No. 90–027494 recorded in the Official Records of the County of Santa Barbara, California.
  - (2) The United States shall pay just compensation to the [owners](/usc/16/429b–3.md?p=4) of any real property taken pursuant to this subsection, determined as of the date of [taking](/usc/16/3102.md?p=18). The full faith and credit of the United States is hereby pledged to the payment of any judgment entered against the United States with respect to the [taking](/usc/16/3102.md?p=18) of such property. Payment shall be in the amount of the agreed negotiated value of such real property plus interest or the valuation of such real property awarded by judgment plus interest. Interest shall accrue from the date of [taking](/usc/16/3102.md?p=18) to the date of payment. Interest shall be compounded quarterly and computed at the rate applicable for the period involved, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from November 12, 1996, to the last day of the month preceding the date on which payment is made.
  - (3) In the absence of a negotiated settlement, or an action by the [owner](/usc/16/429b–3.md?p=4), within 1 year after November 12, 1996, the [Secretary](/usc/16/410r–5.md?p=c-1) shall initiate a proceeding, seeking in a court of competent jurisdiction a determination of just compensation with respect to the [taking](/usc/16/3102.md?p=18) of such property.
  - (4) The [Secretary](/usc/16/410r–5.md?p=c-1) shall not allow any unauthorized use of the lands to be acquired under this subsection, except that the [Secretary](/usc/16/410r–5.md?p=c-1) shall permit the orderly termination of all current activities and the removal of any equipment, facilities, or personal property.

## Source credit

(Pub. L. 96–199, title II, § 202, Mar. 5, 1980, 94 Stat. 74; Pub. L. 104–333, div. I, title VIII, § 817, Nov. 12, 1996, 110 Stat. 4200.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–199, and was translated as “this subchapter”, meaning title II of Pub. L. 96–199, to reflect the probable intent of Congress.

### Amendments

1996—Subsec. (e). Pub. L. 104–333 added subsec. (e).