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

# §459d–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 the “[Secretary](/usc/16/410r–5.md?p=c-1)”) is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated funds, condemnation, transfer from any Federal agency, exchange, or otherwise, the land, 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 459d of this title](/usc/16/459d.md) or which lie within the boundaries of the seashore as established under [section 459d–2 of this title](/usc/16/459d–2.md) (hereinafter referred to as “such [area](/usc/16/539m–1.md?p=1-A)”). Any property, or interest therein, owned by the [State](/usc/16/590q.md?p=a) of Texas 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 [459d](/usc/16/459d.md) to [459d–7](/usc/16/459d–7.md) of this title.
- (b) **Fair market value; appraisal—** 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 [459d](/usc/16/459d.md) to [459d–7](/usc/16/459d–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 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.

## Source credit

(Pub. L. 87–712, § 2, Sept. 28, 1962, 76 Stat. 650.)

## Notes

### Statutory Notes and Related Subsidiaries

### Revision of Boundaries; Addition and Deletion of Acreage

Pub. L. 94–578, title I, § 101(13), Oct. 21, 1976, 90 Stat. 2733, as amended Pub. L. 96–199, title I, § 111, Mar. 5, 1980, 94 Stat. 70, provided in part that: “The Secretary of the Interior is authorized to revise the boundary of the seashore [Padre Island National Seashore, Texas] to add approximately two hundred and seventy-four acres and to delete approximately two thousand acres, and sections 302 and 303 of the Act of April 11, 1972 (86 Stat. 120, 121) [Pub. L. 92–272, which sections were not classified to the Code], shall apply to the boundary revision authorized herein.”