1256
Acquisition "T6°usc°698a.
Land acquisition plan, s u b -
PUBLIC LAW 93-439-OCT. 11, 1974
[88 STAT.
of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of this Act, without transfer of funds. SEC. 2. (a) The Secretary shall, immediately after the publication of ^lie bouudarics of the preserve, commence negotiations for the acquisition of the lands located therein: Provided, That he shall not acquire the mineral estate in any property or existing easements for public utilities, pipelines or railroads without the consent of the owner unless, in his judgment, he first determines that such property or estate is subject to, or threatened with, uses which are, or would be, detrimental to the purposes and objectives of this Act: Provided further, That the Secretary, insofar as is reasonably possible, may avoid the acquisition of improved properties, as defined in this Act, and shall make every effort to minimize the acquisition of land where he finds it necessary to acquire properties containing improvements. r^\ Withiu ouc year after the date of the enactment of this Act, ^
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mittai to congres- the feccretary shall submit, m writing, to the (yommittee on Interior sionai com,^^^ lusular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this preserve, (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. da^eT^^*"'°" (c) I t is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment. erf.'^reunuon"' SEC. 3. (a) The owucr of au improved property on the date of its rights. acquisition by the Secretary may, as a condition of such acquisition, 16 USC 698b. retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. |nmproved prop^{3^ ^ g viscd ill tlus Act, the term "improved property" means a erty detached, one-family dwelling, construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land. (c) Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property
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