--- kind: "section" citation: "16 U.S.C. § 460m–9" title: "16" title_heading: "Conservation" number: "460m–9" heading: "Acquisition of lands and waters" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460m-9" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LXXI — Buffalo National River" --- # §460m–9. Acquisition of lands and waters - (a) **Donation, purchase, and exchange; reimbursement of State of Arkansas—** Within the boundaries of the Buffalo National River, 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 [State](/usc/16/590q.md?p=a) of Arkansas or a 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, with funds appropriated for development of the [area](/usc/16/539m–1.md?p=1-A), reimburse such [State](/usc/16/590q.md?p=a) for its share of the cost of facilities developed on [State](/usc/16/590q.md?p=a) [park](/usc/16/410r–5.md?p=c-3) lands if such facilities were developed in a manner approved by the [Secretary](/usc/16/410r–5.md?p=c-1) and if the development of such facilities commenced subsequent to March 1, 1972: Provided further, That such reimbursement shall not exceed a total of $375,000. When an individual tract of land is only partly within the boundaries of the national river, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) all of the tract by any of the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries of the national river 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 national river boundaries, and any portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of 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. With the concurrence of the agency having custody thereof, any Federal property within the boundaries of the national river may be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for administration as part of the national river. - (b) **Retention of rights—** Except for property which the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be necessary for the purposes of administration, development, access or public use, an [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) (hereafter referred to as “[owner](/usc/16/429b–3.md?p=4)”) of any [improved property](/usc/16/251h.md?p=2) which is used solely for noncommercial residential purposes on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) or any [owner](/usc/16/429b–3.md?p=4) of lands used solely for agricultural purposes (including, but not limited to, grazing) may retain, as a condition of the [acquisition](/usc/16/620e.md?p=1) of such property or lands, a right of use and occupancy of such property for such residential or agricultural purposes. The term of the right retained shall expire upon the death of the [owner](/usc/16/429b–3.md?p=4) or the death of his spouse, whichever occurs later, or in lieu thereof, after a definite term which shall not exceed twenty-five years after the date of [acquisition](/usc/16/620e.md?p=1). The [owner](/usc/16/429b–3.md?p=4) shall elect, at the time of conveyance, the term of the right reserved. The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay 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 of the term retained by the [owner](/usc/16/429b–3.md?p=4). Such right may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) deems appropriate to assure the use of such property in accordance with the purposes of this subchapter. Upon a determination that the property, or any portion thereof, has ceased to be used in accordance with such terms and conditions, the [Secretary](/usc/16/410r–5.md?p=c-1) may terminate the right of use and occupancy by tendering to the holder of such right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination. - (c) **“Improved property” defined—** As used in this section the term “[improved property](/usc/16/251h.md?p=2)” means a detached year-round one-family dwelling which serves as the [owner](/usc/16/429b–3.md?p=4)’s permanent place of abode at the time of [acquisition](/usc/16/620e.md?p=1), and construction of which was begun before September 3, 1969, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the 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. ## Source credit (Pub. L. 92–237, § 2, Mar. 1, 1972, 86 Stat. 44.) ## 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; 40 U.S.C. 471 et seq.), 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.