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

# §460cc–1. Acquisition of property

- (a) **Authority of Secretary; donation of State lands—** 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 and waters or interests therein by donation, purchase or exchange, except that lands owned by the [States](/usc/16/544.md?p=r) of New York or New Jersey or any political [subdivisions](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation.
- (b) **Transfer from Federal agency to administrative jurisdiction of Secretary—** With the concurrence of the agency having custody thereof, any Federal property within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) may be transferred, without consideration, to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for administration as a part of the recreation [area](/usc/16/539m–1.md?p=1-A).
- (c) **Breezy Point Unit; public use and access; agreement for use of lands for single-family residential community; specific provisions; Rockaway parking lot conveyance—** Within the Breezy Point [Unit](/usc/16/430f–7.md?p=4), (1) the [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1) an adequate interest in the [area](/usc/16/539m–1.md?p=1-A) depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [section 460cc of this title](/usc/16/460cc.md) to assure the public use of and access to the entire beach. The [Secretary](/usc/16/410r–5.md?p=c-1) may enter into an agreement with any property [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) to assure the continued maintenance and use of all remaining lands in private ownership as a residential community composed of single-family dwellings. Any such agreement shall be irrevocable, unless terminated by mutual agreement, and shall specify, among other things:
  - (A) that the [Secretary](/usc/16/410r–5.md?p=c-1) may designate, establish and maintain a buffer zone on [Federal lands](/usc/16/620e.md?p=2) separating the public use [area](/usc/16/539m–1.md?p=1-A) and the private community;
  - (B) that all construction commencing within the community, including the conversion of dwellings from seasonal to year-round residences, shall comply with standards to be established by the [Secretary](/usc/16/410r–5.md?p=c-1);
  - (C) that additional commercial establishments shall be permitted only with the express prior approval of the [Secretary](/usc/16/410r–5.md?p=c-1) or his designee.
  - (2) If a valid, enforceable agreement is executed pursuant to paragraph (1) of this subsection, the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to [acquire](/usc/16/620e.md?p=1) any interest in the property subject to the agreement, except for the beach property, shall be suspended.
  - (3) The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to accept by donation from the city of New York any right, title, or interest which it holds in the parking lot at Rockaway which is part of the Marine Bridge [project](/usc/16/410r–5.md?p=c-4) at Riis [Park](/usc/16/410r–5.md?p=c-3). Nothing herein shall be deemed to authorize the United States to extinguish any present or future encumbrance or to authorize the [State](/usc/16/590q.md?p=a) of New York or any political [subdivision](/usc/16/539m–1.md?p=15) or agency thereof to further encumber any interest in the property so conveyed.
- (d) **Jamaica Bay Unit; Broad Channel Community; title acceptance conditions—** Within the Jamaica Bay [Unit](/usc/16/430f–7.md?p=4), (1) the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to lands donated by the city of New York subject to a retained right to continue [existing uses](/usc/16/539m–1.md?p=3) for a specifically limited period of time if such uses conform to plans agreed to by the [Secretary](/usc/16/410r–5.md?p=c-1), and (2) the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to the [area](/usc/16/539m–1.md?p=1-A) known as Broad Channel Community only if, within five years after October 27, 1972, all improvements have been removed from the [area](/usc/16/539m–1.md?p=1-A) and a clear title to the [area](/usc/16/539m–1.md?p=1-A) is tendered to the United States.

## Source credit

(Pub. L. 92–592, § 2, Oct. 27, 1972, 86 Stat. 1308.)