---
kind: "section"
citation: "16 U.S.C. § 460bb–2"
title: "16"
title_heading: "Conservation"
number: "460bb–2"
heading: "Acquisition policy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460bb-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXXXVI — Golden Gate National Recreation Area"
---

# §460bb–2. Acquisition policy

- (a) **Authority of Secretary; exchange of property; disposal of certain lands; transfer from Federal agency to administrative jurisdiction of Secretary; facilities and improvements under permit from Secretary of the Army—** Within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, 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, may be acquired only by donation. When any tract of land is only partly within such boundaries, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the [Secretary](/usc/16/410r–5.md?p=c-1) for non-[Federal lands](/usc/16/620e.md?p=2) within the boundaries. Any portion of land acquired outside the boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under chapters [1](/usc/40/chstI/ch1.md) to [11](/usc/40/chstI/ch11.md) of title 40 and division C (except sections [3302](/usc/16/3302.md), 3307(e), [3501(b)](/usc/16/3501.md?p=b), [3509](/usc/16/3509.md), 3906, 4710, and [4711](/usc/16/4711.md)) of subtitle I of [title 41](/usc/41.md): Provided, That no disposal shall be for less than fair market value. Except as hereinafter provided, Federal property within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) is hereby transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for the purposes of this subchapter, subject to the continuation of such [existing uses](/usc/16/539m–1.md?p=3) as may be agreed upon between the [Secretary](/usc/16/410r–5.md?p=c-1) and the head of the agency formerly having jurisdiction over the property. Notwithstanding any other provision of law, the [Secretary](/usc/16/410r–5.md?p=c-1) may develop and administer for the purposes of this subchapter structures or other improvements and facilities on lands for which he receives a permit of use and occupancy from the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army.
- (b) **Transfer of certain properties to administrative jurisdiction of Secretary; military properties, reservation of use and occupancy by Secretary of the Army; radio receiver station, retention of jurisdiction when not superfluous—** Fort Cronkhite, Fort Barry, and the westerly one-half of Fort Baker, in Marin County, California, as depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Golden Gate Military Properties” numbered NRAGG–20,002 and dated January 1972, which shall be on file and available for public inspection in the offices of the National [Park](/usc/16/410r–5.md?p=c-3) Service, are hereby transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for purposes of this subchapter, subject to continued use and occupancy by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army of those lands needed for existing air defense missions, reserve activities and family housing, until he determines that such requirements no longer exist. The Coast Guard Radio Receiver Station, shall remain under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Department in which the Coast Guard is operating. When this station is determined to be excess to the needs of the Coast Guard, it shall be transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for purposes of this subchapter.
- (c) **Military property; public service facilities: construction, maintenance, and determinations of identity and location by Secretary of the Army—** The easterly one-half of Fort Baker in Marin County, California, shall remain under the jurisdiction of the Department of the Army. When this property is determined by the Department of Defense to be excess to its needs, it shall be transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for purposes of this subchapter. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall grant to the [Secretary](/usc/16/410r–5.md?p=c-1) reasonable public access through such property to Horseshoe Bay, together with the right to construct and maintain such public service facilities as are necessary for the purposes of this subchapter. The precise facilities and location thereof shall be determined between the [Secretary](/usc/16/410r–5.md?p=c-1) and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army.
- (d) **Presidio of San Francisco; use and occupation of certain acreage by Secretary—** Upon enactment, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall grant to the [Secretary](/usc/16/410r–5.md?p=c-1) the irrevocable use and occupancy of one hundred acres of the Baker Beach [area](/usc/16/539m–1.md?p=1-A) of the Presidio of San Francisco, as depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [subsection (b)](#b).
- (e) **Use and occupancy of airfield acreage by Secretary—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall grant to the [Secretary](/usc/16/410r–5.md?p=c-1) within a reasonable time, the irrevocable use and occupancy of forty-five acres of the Crissy Army Airfield of the Presidio, as depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [subsection (b)](#b).
- (f) **Transfer of remainder to administrative jurisdiction of Secretary; use and occupancy by Coast Guard under permit from Secretary—** When all or any substantial portion of the remainder of the Presidio is determined by the Department of Defense to be excess to its needs, such lands shall be transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for purposes of this subchapter. The [Secretary](/usc/16/410r–5.md?p=c-1) shall grant a permit for continued use and occupancy for that portion of said Fort Point Coast Guard Station necessary for activities of the Coast Guard.
- (g) **Transfer of certain Coast Guard properties to administrative jurisdiction of Secretary; navigational aids: maintenance and operation by Coast Guard and plans for access to new installations—** Point Bonita, Point Diablo, Point Montara, and Lime Point shall remain under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Department in which the Coast Guard is operating. When this property is determined to be excess to the needs of the Coast Guard, it shall be transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for purposes of this subchapter. The Coast Guard may continue to maintain and operate existing navigational aids: Provided, That access to such navigational aids and the installation of necessary new navigational aids within the recreation [area](/usc/16/539m–1.md?p=1-A) shall be undertaken in accordance with plans which are mutually acceptable to the [Secretary](/usc/16/410r–5.md?p=c-1) and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Department in which the Coast Guard is operating and which are consistent with both the purposes of this subchapter and the purpose of existing statutes dealing with establishment, maintenance, and operation of navigational aids.
- (h) **Transfer of certain property of Navy Department to administrative jurisdiction of Secretary—** That portion of Fort Miley comprising approximately one and seven-tenths acres of land presently used and required by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Navy for its inshore, underseas warfare installations shall remain under the administrative jurisdiction of the Department of the Navy until such time as all or any portion thereof is determined by the Department of Defense to be excess to its needs, at which time such excess portion shall be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for purposes of this subchapter. That property known as the Pillar Point Military Reservation, under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Defense shall be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) at such time as the property, or any portion thereof, becomes excess to the needs of the Department of Defense.
- (i) **New construction; limitation; notice and public hearing; exceptions—** New construction and development within the boundaries described in [section 460bb–1(a) of this title](/usc/16/460bb–1.md?p=a) on lands under the administrative jurisdiction of a department other than that of the [Secretary](/usc/16/410r–5.md?p=c-1) is prohibited, except that improvements on lands which have not been transferred to his administrative jurisdiction may be reconstructed or demolished. Any such structure which is demolished may be replaced with an improvement of similar size, following consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) or his designated representative, who shall conduct a public hearing at a location in the general vicinity of the [area](/usc/16/539m–1.md?p=1-A), notice of which shall be given at least one week prior to the date thereof. The foregoing limitation on construction and development shall not apply to expansion of those facilities known as Letterman General Hospital or the Western Medical Institute of Research.
- (j) **Owner’s reservation of right of use and occupancy for residential purposes for fixed term of years or for life; election by owner; adjustment of compensation; termination of use and occupancy inconsistent with statutory purposes and upon tender of sum for unexpired right; lease of Federal lands: restrictive covenants, offer to prior owner or leaseholder—** The [owner](/usc/16/429b–3.md?p=4) of improved residential property or of agricultural property on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) under this subchapter may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself and his or her heirs and assigns a right of use and occupancy for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the death of his or her spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless the property is wholly or partly donated to the United States, 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 [acquisition](/usc/16/620e.md?p=1) minus the fair market value on that date of the right retained by the [owner](/usc/16/429b–3.md?p=4). A right retained pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his or her determination that it is being exercised in a manner inconsistent with the purposes of this subchapter, and it shall terminate by operation of law upon the [Secretary](/usc/16/410r–5.md?p=c-1)’s notifying the holder of the right of such determination and tendering to him or her an amount equal to the fair market value of that portion of the right which remains unexpired. Where appropriate in the discretion of the [Secretary](/usc/16/410r–5.md?p=c-1), he or she may lease federally owned land (or any interest therein) which has been acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under this subchapter, and which was agricultural land prior to its [acquisition](/usc/16/620e.md?p=1). Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this subchapter. Any land to be leased by the [Secretary](/usc/16/410r–5.md?p=c-1) under this section shall be offered first for such lease to the [person](/usc/16/450rr–1.md?p=b) who owned such land or who was a leaseholder thereon immediately before its [acquisition](/usc/16/620e.md?p=1) by the United States.
- (k) **“Improved and agricultural property” defined—** The term “[improved property](/usc/16/251h.md?p=2)”, as used in [subsection (j)](#j) of this section, means a detached, noncommercial residential dwelling, the construction of which was begun before June 1, 1971, or, in the case of [areas](/usc/16/539m–1.md?p=1-A) added by action of the Ninety-fifth Congress, October 1, 1978, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as dwelling, as the [Secretary](/usc/16/410r–5.md?p=c-1) shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. The term “agricultural property” as used in this subchapter means lands which are in regular use for agricultural, ranching, or dairying purposes as of January 1, 1978, together with residential and other structures related to the above uses of the property as such structures exist on said date.
- (l) **Relocation assistance benefits and rights; waiver through retention of right of use and occupancy; displaced person status of owner—** Whenever an [owner](/usc/16/429b–3.md?p=4) of property elects to retain a right of use and occupancy as provided for in this subchapter, such [owner](/usc/16/429b–3.md?p=4) shall be deemed to have waived any benefits or rights accruing under sections [4623](/usc/42/4623.md), [4624](/usc/42/4624.md), [4625](/usc/42/4625.md), and [4626](/usc/42/4626.md) of title 42, and for the purposes of those sections such [owner](/usc/16/429b–3.md?p=4) shall not be considered a displaced [person](/usc/16/450rr–1.md?p=b) as defined in [section 4601(6) of title 42](/usc/42/4601.md?p=6).
- (m) **Acquisition of land; contract authority; installment payments; interest rate; provisions applicable to judgments against United States—** Notwithstanding any other provision of law, the [Secretary](/usc/16/410r–5.md?p=c-1) shall have the same authority with respect to contracts for the [acquisition](/usc/16/620e.md?p=1) of land and interests in land for the purposes of this subchapter as was given the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury for other land [acquisitions](/usc/16/620e.md?p=1) by [section 3171 of title 40](/usc/40/3171.md) relating to purchase of sites for public buildings, and the [Secretary](/usc/16/410r–5.md?p=c-1) and the [owner](/usc/16/429b–3.md?p=4) of land to be acquired under this subchapter may agree that the purchase price will be paid in periodic installments over a period that does not exceed ten years, with interest on the unpaid balance thereof at a rate which is not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities on the installments. Judgments against the United States for amounts in excess of the deposit in court made in condemnation actions shall be subject to the provisions of [section 1304 of title 31](/usc/31/1304.md) and sections 2414 and 2517 of title 28.
- (n) **Management of State donated lands—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall accept and shall manage in accordance with this subchapter, any land and improvements adjacent to the recreation [area](/usc/16/539m–1.md?p=1-A) which are donated by the [State](/usc/16/590q.md?p=a) of California or its political [subdivisions](/usc/16/539m–1.md?p=15). The boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) shall be changed to include such donated lands.
- (o) **Payment deferral; scheduling; interest rate—** In acquiring those lands authorized by the Ninety-fifth Congress for the purposes of this subchapter, the [Secretary](/usc/16/410r–5.md?p=c-1) may, when agreed upon by the landowner involved, defer payment or schedule payments over a period of ten years and pay interest on the unpaid balance at a rate not exceeding that paid by the Treasury of the United States for borrowing purposes.
- (p) **San Francisco water department property; scenic and recreational easement—** With reference to those lands known as the San Francisco water department property shown on [map](/usc/16/430f–7.md?p=1) numbered NRA GG–80,000–A, the [Secretary](/usc/16/410r–5.md?p=c-1) shall administer such land in accordance with the provisions of the documents entitled “Grant of Scenic Easement”, and “Grant of Scenic and Recreational Easement”, both executed on January 15, 1969, between the city and county of San Francisco and the United States, including such amendments to the subject document as may be agreed to by the affected parties subsequent to December 28, 1980. The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to seek appropriate agreements needed to establish a trail within this property and connecting with a suitable beach [unit](/usc/16/430f–7.md?p=4) under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1).

## Source credit

(Pub. L. 92–589, § 3, Oct. 27, 1972, 86 Stat. 1299; Pub. L. 95–625, title III, § 317(b)–(e), Nov. 10, 1978, 92 Stat. 3485; Pub. L. 96–607, title X, § 1001(3)–(5), Dec. 28, 1980, 94 Stat. 3544.)

## Notes

### Editorial Notes

### References in Text

Upon enactment, referred to in subsec. (d), probably means the date of enactment of this subchapter by Pub. L. 92–589, which was Oct. 27, 1972.

### Codification

In subsec. (a), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

“Section 3171 of title 40 relating to purchase of sites for public buildings” substituted in subsec. (m) for “section 34 of the Act of May 30, 1908, relating to purchase of sites for public buildings (35 Stat. 545)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

In subsec. (m), “section 1304 of title 31” substituted for “the Act of July 27, 1956 (70 Stat. 624) [31 U.S.C. 724a]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

### Amendments

1980—Subsec. (g). Pub. L. 96–607, § 1001(3), inserted reference to Point Montara.

Subsec. (h). Pub. L. 96–607, § 1001(4), transferred to the jurisdiction of the Secretary the Pillar Point Military Reservation at such time as the property, or any portion thereof, becomes excess to the needs of the Department of Defense.

Subsec. (p). Pub. L. 96–607, § 1001(5), added subsec. (p).

1978—Subsec. (i). Pub. L. 95–625, § 317(b), in revising the text, substituted provision prohibiting new construction and development in the recreation area on lands under the administrative jurisdiction of a department other than that of the Secretary but authorized reconstruction or demolition of improvements upon the nontransferred lands of such agency after consultations with the Secretary and upon notice and hearing for prior provision limited to new construction and development on property under administrative jurisdiction of the Department of the Army required to accommodate facilities being relocated from property being transferred to administrative jurisdiction of the Secretary or directly related to the essential missions of the Sixth United States Army.

Subsec. (j). Pub. L. 95–625, § 317(c), substituted provision making the subsection applicable to improved residential property and agricultural property for prior provision for application to improved property of a noncommercial residential nature and authorized lease of Federally-owned lands, subject to restrictive covenants, with first offer to prior owner or lease­holder.

Subsec. (k). Pub. L. 95–625, § 317(d), defined “improved property” to include residential dwelling, the construction of which was begun, in the case of areas added by action of the Ninety-fifth Congress, October 1, 1978, and included definition of “agricultural property”.

Subsecs. (n), (o). Pub. L. 95–625, § 317(e), added subsecs. (n) and (o).

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.