--- kind: "section" citation: "16 U.S.C. § 460hh–1" title: "16" title_heading: "Conservation" number: "460hh–1" heading: "Acquisition of property" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460hh-1" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter XCII — Chickasaw National Recreation Area" --- # §460hh–1. Acquisition of property - (a) **Authority of Secretary; manner of acquisition—** The [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) land or interests in lands within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) by donation, purchase with donated or appropriated funds, or exchange. 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, and any land so acquired 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. Any Federal property located 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 the purposes of the recreation [area](/usc/16/539m–1.md?p=1-A). Lands within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) owned by the [State](/usc/16/590q.md?p=a) of Oklahoma, or any political [subdivision](/usc/16/539m–1.md?p=15) thereof, may be acquired only by donation: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may also [acquire](/usc/16/620e.md?p=1) lands by exchange with the city of Sulphur, utilizing therefor only such lands as may be excluded from the recreation [area](/usc/16/539m–1.md?p=1-A) which were formerly within the Platt National [Park](/usc/16/410r–5.md?p=c-3). - (b) **Acquisition of improved residential property; retention by owners of right of use and occupancy for noncommercial residential purposes; terms; payment of fair market value—** With respect to improved residential property acquired for the purposes of this subchapter, which is beneficially owned by a natural [person](/usc/16/450rr–1.md?p=b) and which the [Secretary](/usc/16/410r–5.md?p=c-1) determines can be continued in that use for a limited period of time without undue interference with the administration, development, or public use of the recreation [area](/usc/16/539m–1.md?p=1-A), the [owner](/usc/16/429b–3.md?p=4) thereof may on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the [owner](/usc/16/429b–3.md?p=4) may elect, ending either (1) at the death of the [owner](/usc/16/429b–3.md?p=4) or his spouse, whichever occurs later, or (2) not more than twenty-five years from the date of [acquisition](/usc/16/620e.md?p=1). Any right so retained may, during its existence, be transferred or assigned. 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 such [acquisition](/usc/16/620e.md?p=1), less the fair market value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4). - (c) **“Improved residential property” defined; determination by Secretary—** As used in this subchapter, “improved residential property” means a single-family year-round dwelling, the construction of which began before March 1, 1975, and which serves as the [owner](/usc/16/429b–3.md?p=4)’s permanent place of abode at the time of its [acquisition](/usc/16/620e.md?p=1) by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located that the [Secretary](/usc/16/410r–5.md?p=c-1) finds is reasonably necessary for the [owner](/usc/16/429b–3.md?p=4)’s continued use and occupancy of the dwelling: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from improved residential property any waters and adjoining land that the [Secretary](/usc/16/410r–5.md?p=c-1) deems is necessary for public access to such waters. - (d) **Termination of right of use and occupancy; determination by Secretary—** The [Secretary](/usc/16/410r–5.md?p=c-1) may terminate a right to use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this subchapter, and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. ## Source credit (Pub. L. 94–235, § 2, Mar. 17, 1976, 90 Stat. 235.) ## Notes ### Editorial Notes ### 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.