--- kind: "section" citation: "16 U.S.C. § 459b–1" title: "16" title_heading: "Conservation" number: "459b–1" heading: "Acquisition of property" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/459b-1" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LXIII — National Seashore Recreational Areas" --- # §459b–1. Acquisition of property - (a) **Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as “[Secretary](/usc/16/410r–5.md?p=c-1)”) is authorized to [acquire](/usc/16/620e.md?p=1) by purchase, gift, condemnation, transfer from any Federal agency, exchange, or otherwise, the land, waters, and other property, and improvements thereon and any interest therein, within the [area](/usc/16/539m–1.md?p=1-A) which is described in [section 459b of this title](/usc/16/459b.md) or which lies within the boundaries of the seashore as described pursuant to [section 459b–2 of this title](/usc/16/459b–2.md) (both together hereinafter in sections [459b](/usc/16/459b.md) to [459b–8](/usc/16/459b–8.md) of this title referred to as “such [area](/usc/16/539m–1.md?p=1-A)”). Any property, or interest therein, owned by the Commonwealth of Massachusetts, by any of the towns referred to in [section 459b of this title](/usc/16/459b.md), or by any other political [subdivision](/usc/16/539m–1.md?p=15) of said Commonwealth may be acquired only with the concurrence of such [owner](/usc/16/429b–3.md?p=4). Notwithstanding any other provision of law, any Federal property located within such [area](/usc/16/539m–1.md?p=1-A) may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in carrying out the provisions of sections [459b](/usc/16/459b.md) to [459b–8](/usc/16/459b–8.md) of this title. - (b) **Use of funds; fair market value—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized (1) to use donated and appropriated funds in making [acquisitions](/usc/16/620e.md?p=1) under sections [459b](/usc/16/459b.md) to [459b–8](/usc/16/459b–8.md) of this title, and (2) to pay therefor not more than the fair market value of any [acquisitions](/usc/16/620e.md?p=1) which he makes by purchase under sections [459b](/usc/16/459b.md) to [459b–8](/usc/16/459b–8.md) of this title. - (c) **Exchange of property; cash equalization payments; reports to Congress—** In exercising his authority to [acquire](/usc/16/620e.md?p=1) property by exchange, the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any non-Federal property located within such [area](/usc/16/539m–1.md?p=1-A) and convey to the grantor of such property any federally owned property under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) within such [area](/usc/16/539m–1.md?p=1-A). The properties so exchanged shall be approximately equal in fair market value: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. The [Secretary](/usc/16/410r–5.md?p=c-1) shall report to the Congress on every exchange carried out under authority of sections [459b](/usc/16/459b.md) to [459b–8](/usc/16/459b–8.md) of this title within thirty days from its consummation, and each such report shall include a statement of the fair market values of the properties involved and of any cash equalization payment made or received. - (d) **Exchange of property; addition to Cape Cod National Seashore—** The [Secretary](/usc/16/410r–5.md?p=c-1) may convey to the town of Provincetown, Massachusetts, a parcel of real property consisting of approximately 7.62 acres of [Federal land](/usc/16/3102.md?p=2) within such [area](/usc/16/539m–1.md?p=1-A) in exchange for approximately 11.157 acres of land outside of such [area](/usc/16/539m–1.md?p=1-A), as depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Cape Cod National Seashore Boundary Revision [Map](/usc/16/430f–7.md?p=1)”, dated May, 1997, and numbered 609/80,801, to allow for the establishment of a municipal facility to serve the town that is restricted to solid waste transfer and recycling facilities and for other municipal activities that are compatible with National [Park](/usc/16/410r–5.md?p=c-3) Service laws and regulations. Upon completion of the exchange, the [Secretary](/usc/16/410r–5.md?p=c-1) shall modify the boundary of the Cape Cod National Seashore to include the land that has been added. - (e) **“Fair market value” defined; appraisal—** As used in sections [459b](/usc/16/459b.md) to [459b–8](/usc/16/459b–8.md) of this title the term “fair market value” shall mean the fair market value as determined by the [Secretary](/usc/16/410r–5.md?p=c-1), who may in his discretion base his determination on an independent appraisal obtained by him. ## Source credit (Pub. L. 87–126, § 2, Aug. 7, 1961, 75 Stat. 287; Pub. L. 105–280, § 1(a), Oct. 26, 1998, 112 Stat. 2694.) ## Notes ### Editorial Notes ### Amendments 1998—Subsecs. (d), (e). Pub. L. 105–280 added subsec. (d) and redesignated former subsec. (d) as (e).