---
kind: "section"
citation: "16 U.S.C. § 459c–2"
title: "16"
title_heading: "Conservation"
number: "459c–2"
heading: "Acquisition of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/459c-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXIII — National Seashore Recreational Areas"
---

# §459c–2. Acquisition of property

- (a) **Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary; liability of United States under contracts contingent on appropriations—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1), and it is the intent of Congress that he shall [acquire](/usc/16/620e.md?p=1) as rapidly as appropriated funds become available for this purpose or as such [acquisition](/usc/16/620e.md?p=1) can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise the lands, waters, and other property, and improvements thereon and any interest therein, within the [areas](/usc/16/539m–1.md?p=1-A) described in [section 459c–1 of this title](/usc/16/459c–1.md) or which lie within the boundaries of the seashore as established under [section 459c–4 of this title](/usc/16/459c–4.md) (hereinafter referred to as “such [area](/usc/16/539m–1.md?p=1-A)”). Any property, or interest therein, owned by a [State](/usc/16/590q.md?p=a) or political [subdivision](/usc/16/539m–1.md?p=15) thereof 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 [459c](/usc/16/459c.md) to [459c–7](/usc/16/459c–7.md) of this title. In exercising his authority to [acquire](/usc/16/620e.md?p=1) property in accordance with the provisions of this subsection, the [Secretary](/usc/16/410r–5.md?p=c-1) may enter into contracts requiring the expenditure, when appropriated, of funds authorized by [section 459c–7 of this title](/usc/16/459c–7.md), but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred.
- (b) **Payment for acquisition; fair market value—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to pay for any [acquisitions](/usc/16/620e.md?p=1) which he makes by purchase under sections [459c](/usc/16/459c.md) to [459c–7](/usc/16/459c–7.md) of this title their 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.
- (c) **Exchange of property; cash equalization payments—** 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 California and adjacent [States](/usc/16/544.md?p=r), notwithstanding any other provision of law. 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.

## Source credit

(Pub. L. 87–657, § 3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91–223, § 2(a), Apr. 3, 1970, 84 Stat. 90.)

## Notes

### Editorial Notes

### Amendments

1970—Subsec. (a). Pub. L. 91–223 substituted introductory “The” for “Except as provided in section 459c–3 of this title, the”.