16 U.S.C. § 396f — Acquisition of private lands; creation of

Page 213 TITLE 16—CONSERVATION § 396f 1 So in original. Probably should be ‘‘landowner’’. SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–142, § 1, Dec. 2, 2003, 117 Stat. 1875, provided that: ‘‘This Act [amending this section] may be cited as the ‘Kaloko-Honoko¯hau National Historical Park Addi- tion Act of 2003’.’’ EXTENSION OF KALOKO-HONOKO¯ HAU ADVISORY COMMISSION Section 503(a) of title V of div. I of Pub. L. 104–333, as amended by Pub. L. 106–510, § 3(c)(2), Nov. 13, 2000, 114 Stat. 2364, provided that: ‘‘Notwithstanding section 505(f)(7) of Public Law 95–625 (16 U.S.C. 396d(f)(7)), the Na Hoa Pili O Kaloko-Honoko¯hau, the Advisory Com- mission for Kaloko-Honoko¯hau National Historical Park, is hereby re-established in accordance with sec- tion 505(f), as amended by paragraph (2) of this sub- section [probably should be ‘subsection (b) of this sec- tion’, amending this section].’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under sec- tion 45f of this title. § 396e. Exchange of lands Notwithstanding any other provision of law, the Secretary is authorized and shall seek to ac- quire the lands described in section 396d(a) of this title by first acquiring Federal surplus lands of equivalent value from the General Serv- ices Administration and then exchanging such surplus lands for the lands described in section 396d(a) of this title with the land owners. Ex- changes shall be on the basis of equal value, and any party to the exchange may pay or accept cash in order to equalize the value of the prop- erty exchanged. (Pub. L. 96–514, title I, § 100, Dec. 12, 1980, 94 Stat. 2960.) § 396f. Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts Notwithstanding any other provision of law, the Secretary of the Interior is authorized and shall seek to acquire the private lands described in section 396d(a) of this title, by crediting a surplus property account, to be established in the name of each landowner, in the amount of the acquisition price for such landowner’s lands. The National Park Service shall update the ex- isting appraisals for the parcels and, based on the approved appraised values, shall negotiate with the landowners for acquisition prices. Each owner may, using such credits in his surplus property account, bid, as any other bidder for surplus property, wherever located, in accord- ance with 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. The Ad- ministrator of the General Services Administra- tion shall establish each landowner’s surplus property account and shall adjust the credits in such accounts to reflect successful bids under this section. Title to the lands described in this section shall pass to the Government at the time of establishment of the surplus property accounts. The credits in any of the surplus prop- erty accounts may be transferred or sold in whole or in part at any time by the landowner to any other party, thereby vesting such party with all the rights of the landowner, and after such transfer, the landowner shall notify the Ad- ministrator of the transfer. At any time the Secretary may purchase the balance of any sur- plus property account subject to the availability of appropriated funds. The land owner 1 may also use the credits in exchange for excess lands, wherever located, under the jurisdiction of the Secretary of the Interior. (Pub. L. 98–146, title III, § 317, Nov. 4, 1983, 97 Stat. 954; Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 708.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- eral Property and Administrative Services Act of 1949’’ 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. AMENDMENTS 1989—Pub. L. 101–121 inserted sentence at end author- izing land owner to use the credits in exchange for ex- cess land, wherever located, under the jurisdiction of the Secretary of the Interior. Statutory Notes and Related Subsidiaries USE OF ACCOUNTS FOR SALES OF PROPERTIES BY AGENCIES Pub. L. 101–165, title IX, § 9102, Nov. 21, 1989, 103 Stat. 1151, as amended by Pub. L. 101–511, title VIII, § 8133(b), Nov. 5, 1990, 104 Stat. 1910; Pub. L. 103–204, § 32(a), Dec. 17, 1993, 107 Stat. 2413, provided that: ‘‘(a) AVAILABILITY OF AMOUNTS IN ACCOUNTS.— ‘‘(1) IN GENERAL.—Notwithstanding any other law, in addition to the purposes for which they are now available, amounts in the accounts described in para- graph (2) shall, after December 22, 1987, be available for use in any fiscal year for all purposes (including use for purchase) involving any public sale of prop- erty by an agency of the United States. In conducting any such sale, such an agency shall accept, in the same manner as cash, any amount tendered from such an account, and the balance of the account shall be adjusted by the Secretary of the Treasury or the Administrator of General Services, as applicable, to reflect that transaction. ‘‘(2) ACCOUNTS DESCRIBED.—The accounts referred to in subparagraph (B) are— ‘‘(A) the account in the Treasury established by the Secretary of the Treasury pursuant to section 12(b) of Public Law 94–204 (43 U.S.C. 1611 note), re- ferred to in that section as the ‘Cook Inlet Region, Incorporated property account’; and ‘‘(B) the surplus property account established by the Administrator of General Services pursuant to section 317 of Public Law 98–146 (16 U.S.C. 396f). ‘‘(b) TREATMENT OF AMOUNT RECEIVED BY AGENCIES FROM ACCOUNTS.—In any case in which an agency of the United States that conducts a public sale of property is authorized by law to use the proceeds of such sale for a specific purpose, the Secretary of the Treasury shall, without restriction, treat as cash receipts any amount which is— ‘‘(1) tendered from an account described in sub- section (a)(2); ‘‘(2) received by the agency as proceeds of such a sale; and Page 214 TITLE 16—CONSERVATION § 397 ‘‘(3) used by the agency for that specific purpose. ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary of the Treasury shall hereafter use funds in the Treasury not otherwise appropriated to make any cash transfer that is necessary under subsection (b) to allow an agency to use the proceeds of a public sale of property. ‘‘(d) AGENCY DEFINED.—In this section the term ‘agency’ includes— ‘‘(1) any instrumentality of the United States, or ‘‘(2) any element of an agency, or ‘‘(3) any wholly owned or mixed-owned United States Government corporation identified in chapter 91 of title 31, United States Code. ‘‘(e) PROPERTY DEFINED.—Notwithstanding the defini- tion of ‘property’ found in the Federal Property and Administrative Services Act of 1949, as amended [now 40 U.S.C. 102(9)], in this section the term ‘property’ in- cludes any property—real, personal (including intan- gible assets sold or offered by the Federal Deposit In- surance Corporation or the Resolution Trust Corpora- tion, such as financial instruments, notes, loans, and bonds), or mixed—owned, held, or controlled by the United States (including that in a corporate capacity or as a receiver or conservator, or such other similar fi- duciary relationship), and offered for sale by any agen- cy or instrumentality of the United States, including but not limited to the General Services Administra- tion, Department of Defense, Department of the Inte- rior, Department of Agriculture, Department of Hous- ing and Urban Development, the United States Courts and any Government corporation, agency or instrumen- tality subject to chapter 91 of title 31, United States Code; real property as used in this section means any land or interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation. ‘‘(f) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish pro- cedures to permit the accounts described in subsection (a)(2) to receive deposits, to make deposits into escrow when an escrow is required for the sale of any property, and to reinstate to such accounts any unused escrow deposits if sales are not consummated.’’ SUBCHAPTER XLIII—PU‘UHONUA O HO¯ NAUNAU NATIONAL HISTORICAL PARK § 397. Establishment; boundaries (a) Establishment When title to such lands located on the island of Hawaii, within the following-described area, as shall be designated by the Secretary of the Interior, in the exercise of his judgment and dis- cretion as necessary and suitable for the pur- pose, shall have been vested in the United States, said lands shall be set apart as the Pu‘uhonua o Ho¯naunau National Historical Park, in the Territory of Hawaii, for the benefit and inspiration of the people: PARCEL 1 Being all of R. P. 3306, L. C. Aw. 7219, Apana 2 to Kaliae, all of L. C. Aw. 9470 to Muki, and por- tions of R. P. 7874, L. C. Aw. 11216 Apana 34 to M. Kekauonohi (Ahupuaa of Honaunau), and R. P. 6852, L. C. Aw. 7712 Apana 1 to M. Kekuanaoa (Ahupuaa of Keokea). Beginning at a one and one-half-inch pipe in concrete monument called ‘‘Kalani’’, at the southeast corner of this parcel, the northeast corner of parcel 3, and on the common boundary of the lands of Keokea and Kiilae, the coordi- nates of said point of beginning referred to Gov- ernment Survey Triangulation Station ‘‘Lae-O- Kanoni’’ being seven thousand four hundred forty-four and eight-tenths feet south and five thousand three and two-tenths feet east, and running by azimuths measured clockwise from true south: 1. Seventy-nine degrees thirty-three minutes fifteen seconds six hundred and eighty feet along the land of Kiilae, L. C. Aw. 8521–B to G. D. Hueu and passing over a rock called ‘‘Kuwaia’’, marked K+K at six hundred seventy-three and two-tenths feet to high-water mark; thence along high-water mark, along seacoast for the next three courses, the direct azimuths and dis- tances between points at seacoast being: 2. One hundred and thirty-five degrees fifty- one minutes three thousand nine hundred sev- enty-six and one-tenth feet; 3. One hundred and fifty-two degrees twenty- five minutes one thousand and seventy-eight feet; 4. Two hundred and forty degrees fifty-five minutes one thousand two hundred four and four-tenths feet; 5. Three hundred and fifty-four degrees nine minutes two hundred twenty-four and one-tenth feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi, along stone wall and old trail; 6. Two hundred and sixty degrees fifty-four minutes one hundred seventy-five and nine- tenths feet across old trail along stone wall to a ‘‘+’’ on rock; 7. One hundred and fifty-eight degrees six min- utes seventy-two feet along L. C. Aw. 7296 to Puhi, along stone wall; 8. Two hundred and sixty degrees thirty-six minutes ninety and seven-tenths feet along stone wall; 9. One hundred and ninety-four degrees ten minutes sixty-two and nine-tenths feet along stone wall along L. C. Aw. 7295 and 6979–B:2 to Keolewa; 10. One hundred and seventy-five degrees fifty- four minutes twenty-six and nine-tenths feet along stone wall; 11. Two hundred and fifteen degrees thirty- seven minutes forty-seven and four-tenths feet along stone wall along remainder of L. C. Aw. 11216:34 to M. Kekauonohi; 12. One hundred and seventy-two degrees twen- ty-eight minutes forty-eight and one-tenth feet along same; 13. Two hundred and twenty-six degrees twen- ty-three minutes two hundred twenty-eight and eight-tenths feet along remainder of L. C. Aw. 11216:34 to M. Kekauonohi to the south side of fifty-foot road; 14. Two hundred and sixty-four degrees fifty- one minutes one hundred fifteen and two-tenths feet along the south side of fifty-foot road; 15. Two hundred and fifty-two degrees thirteen minutes two hundred and two-tenths feet along same; 16. Two hundred and eighty-six degrees thirty minutes one hundred seventy and nine-tenths feet along same; 17. Two hundred and thirty-eight degrees twenty-five minutes ninety-two and eight- tenths feet along same; 18. Two hundred and twenty-three degrees one minute one hundred fourteen and four-tenths feet along same; 19. Three hundred and thirty-eight degrees forty-nine minutes thirty seconds four thousand