--- kind: "section" citation: "16 U.S.C. § 459f–1" title: "16" title_heading: "Conservation" number: "459f–1" heading: "Acquisition of property" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/459f-1" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LXIII — National Seashore Recreational Areas" --- # §459f–1. Acquisition of property - (a) **Authority of Secretary; manner and place; fair market value; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary—** Within the boundaries of the seashore, 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, and other property, or any interest therein, by donation, purchase with donated or appropriated funds, exchange, or in such other method as he may find to be in the public interest. The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to include within the boundaries of the seashore, not to exceed 112 acres of land or interests therein on the mainland in Worcester County, Maryland. In the case of [acquisition](/usc/16/620e.md?p=1) by negotiated purchase, the property [owners](/usc/16/429b–3.md?p=4) shall be paid the fair market value by the [Secretary](/usc/16/410r–5.md?p=c-1). Any property or interests therein owned by the [States](/usc/16/544.md?p=r) of Maryland or Virginia shall 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 the boundaries of the seashore 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 purposes of the seashore. - (b) **Exchange of property; cash equalization payments; scenic easement donation—** When acquiring lands by exchange, the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any non-Federal property within the boundaries of the seashore 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) which the [Secretary](/usc/16/410r–5.md?p=c-1) classifies suitable for exchange or other disposal, and which is located in Maryland or Virginia. The properties so exchanged shall be approximately equal in fair market value, but the [Secretary](/usc/16/410r–5.md?p=c-1) may accept cash from or pay cash to the grantor in order to equalize the values of the properties exchanged. Notwithstanding the acreage limitation set forth in sections [459f](/usc/16/459f.md) to [459f–11](/usc/16/459f–11.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to accept the donation of a scenic easement covering the parcel of land adjacent to the seashore and known as the “Woodcock Property”. - (c) **Bridge acquisition; amount of compensation; payment terms and conditions—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) all of the right, title, or interest of the Chincoteague-Assateague Bridge and Beach Authority, a political [subdivision](/usc/16/539m–1.md?p=15) of the [State](/usc/16/590q.md?p=a) of Virginia, in the bridge constructed by such authority across the Assateague Channel, together with all lands or interests therein, roads, parking lots, buildings, or other real or personal property of such authority, and to compensate the authority in such amount as will permit it to meet its valid outstanding obligations at the time of such [acquisition](/usc/16/620e.md?p=1). Payments by the [Secretary](/usc/16/410r–5.md?p=c-1) shall be on such terms and conditions as he shall consider to be in the public interest. Any of the aforesaid property outside the boundaries of the national seashore, upon [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1), shall be subject to his administration for purposes of the seashore. - (d) **Owner’s reservation of right of use and occupancy for residential or hunting purposes for term of years; adjustment of compensation; rules and regulations for appearance of buildings; “improved property” defined—** [Owners](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) may reserve for themselves and their successors or assigns a right of use and occupancy of the [improved property](/usc/16/251h.md?p=2) for noncommercial residential purposes or for hunting purposes, as hereinafter provided, for a term that is not more than twenty-five years. In such cases, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) of the property the fair market value thereof less the fair market value of the right retained by such [owner](/usc/16/429b–3.md?p=4): Provided, That such use and occupancy shall be subject to general rules and regulations established by the [Secretary](/usc/16/410r–5.md?p=c-1) with respect to the outward appearance of any buildings on the lands involved. The term “[improved property](/usc/16/251h.md?p=2)” as used in sections [459f](/usc/16/459f.md) to [459f–11](/usc/16/459f–11.md) of this title shall mean (1) any single-family residence the construction of which was begun before January 1, 1964, and such amount of land, not in excess of three acres, on which the building is situated as the [Secretary](/usc/16/410r–5.md?p=c-1) considers reasonably necessary to the noncommercial residential use of the building, and (2) any property fronting on the Chincoteague Bay or Sinepuxent Bay, including the offshore bay islands adjacent thereto, that is used chiefly for hunting and continues in such use: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from [improved properties](/usc/16/251h.md?p=2) any marsh, beach, or waters, together with so much of the land adjoining such marsh, beach, or waters as he deems necessary for public use or public access thereto. ## Source credit (Pub. L. 89–195, § 2, Sept. 21, 1965, 79 Stat. 824; Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L. 102–320, § 1(1)–(4), July 10, 1992, 106 Stat. 321.) ## Notes ### Editorial Notes ### Amendments 1992—Subsec. (a). Pub. L. 102–320, § 1(1), (2), amended second and last sentences generally, substituting reference to 112 acres for reference to sixteen acres for an administrative site in second sentence and striking out reference in last sentence to sixteen acres of Federal property on the mainland in Worcester County, Maryland. Subsec. (b). Pub. L. 102–320, § 1(3), (4), amended first sentence generally, striking out reference to not more than sixteen acres of non-Federal property on the mainland in Worcester County, Maryland, and inserted at end “Notwithstanding the acreage limitation set forth in sections 459f to 459f–11 of this title, the Secretary is authorized to accept the donation of a scenic easement covering the parcel of land adjacent to the seashore and known as the ‘Woodcock Property’.” 1990—Subsecs. (a), (b). Pub. L. 101–512 substituted “sixteen acres” for “ten acres” wherever appearing.