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

# §460o–1. Acquisition of lands

- (a) **Authority of Secretary of Army; transfer of jurisdiction over lands to Secretary of the Interior; authority of such Secretary; retention of use and occupancy rights; termination and transfer of authority and funds; acquisition priorities—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Army is authorized and directed to [acquire](/usc/16/620e.md?p=1), by such means as he may deem to be in the public interest, and as a part of his [acquisition](/usc/16/620e.md?p=1) of properties for the [project](/usc/16/410r–5.md?p=c-4), lands and interests therein within the boundaries of the [area](/usc/16/539m–1.md?p=1-A), as generally depicted on the drawing entitled “Proposed Tocks Island National Recreation [Area](/usc/16/539m–1.md?p=1-A)” dated and numbered September 1962, NRA–TI–7100, which drawing is on file in the Office of the National [Park](/usc/16/410r–5.md?p=c-3) Service, Department of the Interior. In acquiring these lands, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army may utilize such statutory authorities as are available to him for the [acquisition](/usc/16/620e.md?p=1) of [project](/usc/16/410r–5.md?p=c-4) lands: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall [acquire](/usc/16/620e.md?p=1) no lands or interests in land by exchange for lands or interests in land in Federal ownership unless the latter are in the [States](/usc/16/544.md?p=r) of Pennsylvania, New Jersey, or New York. Periodically, and as soon as practicable after such lands and interests within the [area](/usc/16/539m–1.md?p=1-A) are acquired, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army shall transfer jurisdiction thereover to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for the purposes of this subchapter. Beginning on November 10, 1978, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to [acquire](/usc/16/620e.md?p=1) for purposes of the recreation [area](/usc/16/539m–1.md?p=1-A) established under this subchapter all lands and interests therein within the exterior boundaries of the [area](/usc/16/539m–1.md?p=1-A) depicted on the drawing referred to in this subsection (including any lands within such exterior boundaries designated for [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army in connection with the [project](/usc/16/410r–5.md?p=c-4) referred to in this subsection). In exercising such authority, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may permit the retention of rights of use and occupancy in the same manner as provided in the case of [acquisitions](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army under [subsection (d)](#d). On November 10, 1978, the [acquisition](/usc/16/620e.md?p=1) authorities of any other Federal agency contained in this subsection shall terminate and the head of any other Federal agency shall transfer to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior jurisdiction over all lands and interests therein acquired by said agency under the authority of this subchapter, or any other authority of law which lands are within the exterior boundaries of the [area](/usc/16/539m–1.md?p=1-A) depicted on the drawing referred to in this subsection. On November 10, 1978, all unexpended balances available to any other Federal agency for [acquisition](/usc/16/620e.md?p=1) of land within the exterior boundaries referred to in the preceding sentence shall be transferred to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to be used for such purposes. In carrying out his [acquisition](/usc/16/620e.md?p=1) authority under this section the [Secretary](/usc/16/410r–5.md?p=c-1) shall give priority to the following:
  - (1) completion of [acquisition](/usc/16/620e.md?p=1) of lands for which condemnation proceedings have been started pursuant to the authorization of the [project](/usc/16/410r–5.md?p=c-4) referred to in this subsection;
  - (2) [acquisition](/usc/16/620e.md?p=1) of lands of beneficial [owners](/usc/16/429b–3.md?p=4), not being a corporation, who in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) would suffer hardship if [acquisition](/usc/16/620e.md?p=1) of their lands were delayed;
  - (3) [acquisition](/usc/16/620e.md?p=1) of lands on which, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), there is an imminent danger of development that would be incompatible with the purposes of the recreation [area](/usc/16/539m–1.md?p=1-A);
  - (4) [acquisition](/usc/16/620e.md?p=1) of lands of beneficial [owners](/usc/16/429b–3.md?p=4), not being a corporation, who are willing to sell their lands provided they are able to continue to use it for noncommercial residential purposes for a limited period of time which will not, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), unduly interfere with the development of public use facilities for such national recreation [area](/usc/16/539m–1.md?p=1-A), pursuant to the authorization for such [area](/usc/16/539m–1.md?p=1-A);
  - (5) [acquisition](/usc/16/620e.md?p=1) of scenic easements when, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), such easements are sufficient to carry out the purposes for which such national recreation [area](/usc/16/539m–1.md?p=1-A) was authorized; and
  - (6) [acquisition](/usc/16/620e.md?p=1) of lands necessary to [preserve](/usc/16/698u–1.md?p=2) the integrity of the recreation [area](/usc/16/539m–1.md?p=1-A).
- (b) **Omission of designated lands from area—** Notwithstanding the provisions of [subsection (a)](#a) of this section, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized, after consultation with appropriate public officials of the affected political [subdivisions](/usc/16/539m–1.md?p=15) of the [States](/usc/16/544.md?p=r) of Pennsylvania or New Jersey, as the case may be, to designate not more than three hundred acres adjacent and contiguous to the Borough of Milford, Pennsylvania, and not more than one thousand acres in Sussex County, New Jersey, for omission from the Delaware Valley National Recreation [Area](/usc/16/539m–1.md?p=1-A) and the lands so designated shall not be acquired for said national recreation [area](/usc/16/539m–1.md?p=1-A) under authority of this subchapter.
- (c) **Extension of boundaries; study and report to Congress—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall investigate, study, and report to the President and the Congress on the feasibility and usefulness of extending the boundaries of the Delaware Water Gap National Recreation [Area](/usc/16/539m–1.md?p=1-A) to include, in whole or in part, that portion of Tocks Island Reservoir which lies upstream from the northern terminus of the national recreation [area](/usc/16/539m–1.md?p=1-A) as shown on the [map](/usc/16/430f–7.md?p=1) hereinbefore referred to and lands adjacent to said portion of said reservoir. No such extension of boundaries, however, shall be made until authorized by Act of Congress.
- (d) **Noncommercial residential occupancy for life or fixed term of years; price for property; “improved residential property” defined; waiver of relocation assistance benefits or rights—** The beneficial [owner](/usc/16/429b–3.md?p=4), not being a corporation, of a freehold interest acquired before January 1, 1965, in improved residential property within the [area](/usc/16/539m–1.md?p=1-A) to be acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army under authority of this subchapter, the continued use of which property for noncommercial residential purposes for a limited time will not, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, unduly interfere with the development of public-use facilities for the national recreation [area](/usc/16/539m–1.md?p=1-A) and will not, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, unduly interfere with the operation of the Tocks Island Reservoir [project](/usc/16/410r–5.md?p=c-4), may retain a right of use and occupancy of such property for noncommercial residential purposes for, as said [owner](/usc/16/429b–3.md?p=4) may elect, either (i) a period terminating upon his death or the death of his spouse, whichever occurs later, or (ii) a term of not more than twenty-five years: Provided, That in no case shall the period or term for which such right of use and occupancy is retained extend beyond the term of the freehold interest acquired by the United States. The price payable to the [owner](/usc/16/429b–3.md?p=4) of such property shall be reduced by an amount equal to the value of the right retained. As used in this subchapter “improved residential property” means a single-family year-round dwelling, the construction of which was begun before January 21, 1963, which dwelling 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 which land the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior or the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, as the case may be, finds is reasonably necessary for the [owner](/usc/16/429b–3.md?p=4)’s continued use and occupancy of the dwelling: Provided, further, That whenever an [owner](/usc/16/429b–3.md?p=4) of property elects to retain a right of use and occupancy pursuant to this subchapter, such [owner](/usc/16/429b–3.md?p=4) shall be deemed to have waived any benefits or rights under the Uniform Relocation Assistance and Real Property [Acquisition](/usc/16/620e.md?p=1) Policies Act of 1970 [[42 U.S.C. 4601](/usc/42/4601.md) et seq.].

## Source credit

(Pub. L. 89–158, § 2, Sept. 1, 1965, 79 Stat. 612; Pub. L. 92–575, § 2, Oct. 27, 1972, 86 Stat. 1250; Pub. L. 95–625, title III, § 316, Nov. 10, 1978, 92 Stat. 3483.)

## Notes

### Editorial Notes

### References in Text

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.

### Amendments

1978—Subsec. (a). Pub. L. 95–625 authorized acquisition of lands within the exterior boundaries of the area by the Secretary of the Interior, retention of use and occupancy rights, termination of Federal agency authority over lands and transfer of authority and funds to the Secretary of the Interior, and prescribed acquisition priorities for the Secretary of the Interior.

1972—Subsec. (d). Pub. L. 92–575 provided for waiver of benefits or rights under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, upon election to retain right of use and occupancy pursuant to this subchapter.