{"identifier":"/us/usc/t16/s459h\u20131","title":16,"num":"\u00a7\u202f459h\u20131.","heading":"Acquisition of property","text":"\u00a7\u202f459h\u20131.\nAcquisition of property\n(a)\nAuthority of Secretary; concurrence of State owner; administrative site and related facilities; transfer from Federal agency to administrative jurisdiction of Secretary\nWithin the boundaries of the seashore, the Secretary may acquire submerged land, land, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that property owned by a State or any political subdivision thereof may be acquired only with the consent of the owner. The Secretary may acquire by any of the above methods not more than four hundred acres of land or interests therein outside of the seashore boundaries on the mainland in the vicinity of Biloxi-Gulfport, Mississippi, for an administrative site and related facilities for access to the seashore. With the concurrence of the agency having custody thereof, any Federal property within the seashore and mainland site may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the seashore.\n(b)\nImproved residential property owner\u2019s reservation of right of use and occupancy for residential purposes for life or fixed term of years; election by owner; transfer or assignment of right; adjustment of compensation\nWith respect to improved residential property acquired for the purposes of sections 459h to 459h\u201310 of this title, which is beneficially owned by a natural person and which the Secretary of the Interior 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 seashore, the owner thereof may on the date of its acquisition by the Secretary retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the owner may elect, ending either (1) at the death of the owner or his spouse, whichever occurs later, or (2) not more than twenty-five years from the date of acquisition. Any right so retained may during its existence be transferred or assigned. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less their\n1\n1 So in original. Probably should be \u201cthe\u201d.\n(c)\n\u201cImproved residential property\u201d defined\nAs used in sections 459h to 459h\u201310 of this title, \u201cimproved residential property\u201d means a single-family year-round dwelling, the construction of which began before\nJanuary 1, 1967\nProvided\n(d)\nTermination of use and occupancy inconsistent with statutory purposes and upon tender of sum for unexpired right\nThe Secretary may terminate a right of 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 sections 459h to 459h\u201310 of this title, 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.\n(e)\nAcquisition authority\n(1)\nIn general\nThe Secretary may acquire, from a willing seller only\u2014\n(A) all land comprising the parcel described in subsection (b)(3)\n2\n2 See References in Text note below.\n(B) an easement over the approximately 150-acre parcel depicted as the \u201cBoddie Family Tract\u201d on the Cat Island Map for the purpose of implementing an agreement with the owners of the parcel concerning the development and use of the parcel; and\n(C)\n(i) land and interests in land on Cat Island outside the 2,000-acre area depicted on the Cat Island Map; and\n(ii) submerged land that lies within 1 mile seaward of Cat Island (referred to in sections 459h to 459h\u201310 of this title\n2\n(2)\nAdministration\n(A)\nIn general\nLand and interests in land acquired under this subsection shall be administered by the Secretary, acting through the Director of the National Park Service.\n(B)\nBuffer zone\nNothing in sections 459h to 459h\u201310 of this title\n2\n(3)\nModification of boundary\nThe boundary of the seashore shall be modified to reflect the acquisition of land under this subsection only after completion of the acquisition.","url":"https://projectusc.org/usc/t16/s459h\u20131.html","content":[{"t":"sec","id":"/us/usc/t16/s459h\u20131","children":[{"t":"num","text":"\u00a7\u202f459h\u20131."},{"t":"heading","text":"Acquisition of property"},{"t":"subsec","id":"/us/usc/t16/s459h\u20131/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Authority of Secretary; concurrence of State owner; administrative site and related facilities; transfer from Federal agency to administrative jurisdiction of Secretary"},{"t":"content","children":[{"t":"p","text":"Within the boundaries of the seashore, the Secretary may acquire submerged land, land, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that property owned by a State or any political subdivision thereof may be acquired only with the consent of the owner. The Secretary may acquire by any of the above methods not more than four hundred acres of land or interests therein outside of the seashore boundaries on the mainland in the vicinity of Biloxi-Gulfport, Mississippi, for an administrative site and related facilities for access to the seashore. With the concurrence of the agency having custody thereof, any Federal property within the seashore and mainland site may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the seashore.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s459h\u20131/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Improved residential property owner\u2019s reservation of right of use and occupancy for residential purposes for life or fixed term of years; election by owner; transfer or assignment of right; adjustment of compensation"},{"t":"content","children":[{"t":"p","text":"With respect to improved residential property acquired for the purposes of sections 459h to 459h\u201310 of this title, which is beneficially owned by a natural person and which the Secretary of the Interior 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 seashore, the owner thereof may on the date of its acquisition by the Secretary retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the owner may elect, ending either (1) at the death of the owner or his spouse, whichever occurs later, or (2) not more than twenty-five years from the date of acquisition. Any right so retained may during its existence be transferred or assigned. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less their\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cthe\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cthe\u201d.","tail":" fair market value on such date of the right retained by the owner."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s459h\u20131/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"\u201cImproved residential property\u201d defined"},{"t":"content","children":[{"t":"p","text":"As used in sections 459h to 459h\u201310 of this title, \u201cimproved residential property\u201d means a single-family year-round dwelling, the construction of which began before ","children":[{"t":"text","text":"January 1, 1967","tail":", and which serves as the owner\u2019s permanent place of abode at the time of its acquisition 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 finds is reasonably necessary for the owner\u2019s continued use and occupancy of the dwelling: "},{"t":"text","text":"Provided","tail":", That the Secretary may exclude from improved residential property any marsh, beach, or waters and adjoining land that the Secretary deems is necessary for public access to such marsh, beach, or waters."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s459h\u20131/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Termination of use and occupancy inconsistent with statutory purposes and upon tender of sum for unexpired right"},{"t":"content","children":[{"t":"p","text":"The Secretary may terminate a right of 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 sections 459h to 459h\u201310 of this title, 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s459h\u20131/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Acquisition authority"},{"t":"para","id":"/us/usc/t16/s459h\u20131/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Secretary may acquire, from a willing seller only\u2014"},{"t":"subpara","id":"/us/usc/t16/s459h\u20131/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" all land comprising the parcel described in subsection (b)(3)\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" that is above the mean line of ordinary high tide, lying and being situated in Harrison County, Mississippi;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s459h\u20131/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an easement over the approximately 150-acre parcel depicted as the \u201cBoddie Family Tract\u201d on the Cat Island Map for the purpose of implementing an agreement with the owners of the parcel concerning the development and use of the parcel; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s459h\u20131/e/1/C","children":[{"t":"num","text":"(C)"},{"t":"clause","id":"/us/usc/t16/s459h\u20131/e/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" land and interests in land on Cat Island outside the 2,000-acre area depicted on the Cat Island Map; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s459h\u20131/e/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" submerged land that lies within 1 mile seaward of Cat Island (referred to in sections 459h to 459h\u201310 of this title\u202f","children":[{"t":"text","text":"2","tail":" as the \u201cbuffer zone\u201d), except that submerged land owned by the State of Mississippi (or a subdivision of the State) may be acquired only by donation."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s459h\u20131/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Administration"},{"t":"subpara","id":"/us/usc/t16/s459h\u20131/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Land and interests in land acquired under this subsection shall be administered by the Secretary, acting through the Director of the National Park Service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s459h\u20131/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Buffer zone"},{"t":"content","children":[{"t":"p","text":"Nothing in sections 459h to 459h\u201310 of this title\u202f","children":[{"t":"text","text":"2","tail":" or any other provision of law shall require the State of Mississippi to convey to the Secretary any right, title, or interest in or to the buffer zone as a condition for the establishment of the buffer zone."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s459h\u20131/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Modification of boundary"},{"t":"content","children":[{"t":"p","text":"The boundary of the seashore shall be modified to reflect the acquisition of land under this subsection only after completion of the acquisition.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}