§ 459h–1 — Acquisition Of Property

(a) 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. (b) fair market value on such date of the right retained by the owner. (c) As used in sections 459h to 459h–10 of this title, “improved residential property” means a single-family year-round dwelling, the construction of which began before January 1, 1967, and which serves as the owner’s 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’s continued use and occupancy of the dwelling: Provided, 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. (d) 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–10 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. (1) The Secretary may acquire, from a willing seller only— (A) that is above the mean line of ordinary high tide, lying and being situated in Harrison County, Mississippi; (B) an easement over the approximately 150-acre parcel depicted as the “Boddie Family Tract” 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 (i) land and interests in land on Cat Island outside the 2,000-acre area depicted on the Cat Island Map; and (ii) submerged land that lies within 1 mile seaward of Cat Island (referred to in sections 459h to 459h–10 of this title 2 as the “buffer zone”), except that submerged land owned by the State of Mississippi (or a subdivision of the State) may be acquired only by donation. (A) Land and interests in land acquired under this subsection shall be administered by the Secretary, acting through the Director of the National Park Service. (B) Nothing in sections 459h to 459h–10 of this title 2 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. (3) The boundary of the seashore shall be modified to reflect the acquisition of land under this subsection only after completion of the acquisition.