B-199379.OM, OCT 14, 1981

B-199379.OM: Oct 14, 1981

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OR TRANSFER. ***" THE SUBSECTION DIRECTS THE SECRETARY NOT TO ACQUIRE PRIVATE PROPERTY USED FOR NONCOMMERCIAL RESIDENTIAL OR AGRICULTURAL PURPOSES UNLESS HE DETERMINES THAT SUCH LANDS ARE ESSENTIAL TO CARRY OUT THE ACT'S PURPOSES. ARE NECESSARY FOR THE PURPOSES OF THE RECREATION AREA IN CERTAIN NONCOMMERCIAL RESIDENTIAL PROPERTY AND AGRICULTURAL PROPERTY WHICH MEET CONDITIONS SPECIFIED IN SUBSECTION (E). SUBSECTION (C) FURTHER DIRECTS THE SECRETARY NOT TO OBTAIN FEE TITLE TO SUCH LANDS UNLESS HE FINDS THAT THEY ARE BEING USED. OR ARE THREATENED WITH USES WHICH ARE DETRIMENTAL TO THE PURPOSES OF THE RECREATION AREA OR UNLESS THE ACQUISITION IS NECESSARY TO FULFILL THE ACT'S PURPOSES. WOULD HAVE THE SAME EFFECT ON THE RECREATIONAL AREA AS THE ARCHITECTURAL FIRM YOU MENTION.

B-199379.OM, OCT 14, 1981

SUBJECT: LEGAL ASSISTANCE ON NATIONAL PARK SERVICE LAND ACQUISITION PRACTICES - B-199379-O.M.

DIRECTOR, COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION:

YOUR STAFF SUBMITTED QUESTIONS WHICH AROSE DURING AN AUDIT CONCERNING THE NATIONAL PARK SERVICE'S LAND ACQUISITION PRACTICES. YOUR STAFF HELD DISCUSSIONS ON THESE ISSUES WITH ATTORNEYS FROM THIS OFFICE. THE QUESTIONS AS FINALLY FORMULATED DURING THESE DISCUSSIONS AND OUR ANSWERS TO THEM FOLLOW:

1. DID CONGRESS INTEND FOR THE SECRETARY OF THE INTERIOR TO ACQUIRE NONRECREATIONAL COMMERCIAL PROPERTY, SUCH AS A BUILDING WHICH HOUSES AN ARCHITECTURAL FIRM, UNDER THE PROVISIONS OF PUB.L. NO. 93-555, 16 U.S.C. SECS. 460FF ET SEQ. (1976), EVEN THOUGH THE PROPERTY MAY NOT ADVERSELY AFFECT THE AREA?

NONE OF THE ACT'S PROVISIONS, NOR ITS LEGISLATIVE HISTORY INDICATE THAT CONGRESS INTENDED THAT THE SECRETARY CONSIDER A NONRECREATIONAL COMMERCIAL PROPERTY'S IMPACT ON THE AREA BEFORE HE DECIDED WHETHER OR NOT TO ACQUIRE IT. CONGRESS GAVE THE SECRETARY OF THE INTERIOR THE POWER TO DECIDE WHICH PROPERTY INTERESTS TO ACQUIRE IN THE CUYAHOGA VALLEY NATIONAL RECREATION AREA. THUS, FROM A STRICTLY LEGAL STANDPOINT, THE SECRETARY MAY ACQUIRE WHATEVER PROPERTY HE DETERMINES WOULD FURTHER THE ACT'S PURPOSES, SUBJECT TO THE LIMITATIONS WE EXPLAIN IN THE FOLLOWING DISCUSSION. HOWEVER, AS DISCUSSED BELOW, CONGRESS PROBABLY ENVISIONED THAT THE SECRETARY WOULD OBTAIN INTERESTS IN ALL COMMERCIAL PROPERTY WHICH DID NOT PROVIDE RECREATION TO THE PUBLIC.

CONGRESS ESTABLISHED THE CUYAHOGA VALLEY NATIONAL RECREATION AREA:

"FOR THE PURPOSE OF PRESERVING AND PROTECTING FOR PUBLIC USE AND ENJOYMENT, THE HISTORIC, SCENIC, NATURAL, AND RECREATIONAL VALUES OF THE CUYAHOGA RIVER AND THE ADJACENT LANDS OF THE CUYAHOGA VALLEY AND FOR THE PURPOSE OF PROVIDING FOR THE MAINTENANCE OF NEEDED RECREATIONAL OPEN SPACE NECESSARY TO THE URBAN ENVIRONMENT ***".

16 U.S.C. SEC. 460FF (1976).

TO FURTHER THIS PURPOSE, THE ACT GIVES THE SECRETARY OF THE INTERIOR THE GENERAL AUTHORITY TO ACQUIRE PROPERTY IN THE FIRST SENTENCE OF 16 U.S.C. SEC. 460FFB) WHICH PROVIDES:

"WITHIN THE BOUNDARIES OF THE RECREATION AREA, THE SECRETARY, AFTER CONSULTATION WITH THE GOVERNOR OF THE STATE OF OHIO AND THE ADVISORY COMMISSION ESTABLISHED IN SECTION 460FF-4 OF THIS TITLE, MAY ACQUIRE LANDS, IMPROVEMENTS, WATERS, OR INTERESTS THEREIN BY DONATION, PURCHASE WITH DONATED OR APPROPRIATED FUNDS, EXCHANGES, OR TRANSFER. ***"

THE SUBSECTION DIRECTS THE SECRETARY NOT TO ACQUIRE PRIVATE PROPERTY USED FOR NONCOMMERCIAL RESIDENTIAL OR AGRICULTURAL PURPOSES UNLESS HE DETERMINES THAT SUCH LANDS ARE ESSENTIAL TO CARRY OUT THE ACT'S PURPOSES. SUBSECTION (C) OF SECTION 460FF-1 OF TITLE 16 AUTHORIZES THE SECRETARY TO ACQUIRE SCENIC EASEMENTS OR SUCH OTHER INTERESTS AS, IN HIS JUDGMENT, ARE NECESSARY FOR THE PURPOSES OF THE RECREATION AREA IN CERTAIN NONCOMMERCIAL RESIDENTIAL PROPERTY AND AGRICULTURAL PROPERTY WHICH MEET CONDITIONS SPECIFIED IN SUBSECTION (E). SUBSECTION (C) FURTHER DIRECTS THE SECRETARY NOT TO OBTAIN FEE TITLE TO SUCH LANDS UNLESS HE FINDS THAT THEY ARE BEING USED, OR ARE THREATENED WITH USES WHICH ARE DETRIMENTAL TO THE PURPOSES OF THE RECREATION AREA OR UNLESS THE ACQUISITION IS NECESSARY TO FULFILL THE ACT'S PURPOSES. THE ACT CONTAINS NO EXPRESS DIRECTION CONCERNING THE SECRETARY'S EXERCISING HIS SUBSECTION (B) ACQUISITION AUTHORITY WITH RESPECT TO OTHER TYPES OF PROPERTY INCLUDING PRIVATELY-OWNED NONRECREATIONAL COMMERCIAL PROPERTY.

HOWEVER, THE ACT'S LEGISLATIVE HISTORY INDICATES THAT CONGRESS INTENDED FOR THE SECRETARY TO ACQUIRE NONRECREATIONAL COMMERCIAL PROPERTY. THE SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION OF THE HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, DURING ITS HEARINGS ON THE LEGISLATION WHICH ESTABLISHED THE RECREATION AREA, REQUESTED THE DEPARTMENT OF THE INTERIOR TO PROVIDE IT WITH AN ESTIMATE OF THE COST OF ACQUIRING LANDS FOR THE AREA. THE DEPARTMENT, IN RESPONSE TO THE COMMITTEE'S REQUEST, PROVIDED THE COMMITTEE WITH A LIST OF PROPERTIES AND THEIR ESTIMATED COST. THE LIST CONTAINED 12 ITEMS WHICH THE DEPARTMENT CHARACTERIZED AS "COMMERCIAL". MOST OF THE NONRECREATIONAL COMMERCIAL PROPERTY ON THE LIST, IF ALLOWED TO REMAIN, WOULD HAVE THE SAME EFFECT ON THE RECREATIONAL AREA AS THE ARCHITECTURAL FIRM YOU MENTION. NOTE PARTICULARLY, IN THIS REGARD, THAT THE LIST CONTAINS AN OFFICE BUILDING. THE LIST ALSO INCLUDES A VEGETABLE STAND, A FLORIST SHOP, AN ANIMAL HOSPITAL, AND A HORSE STABLE. PROPOSED CUYAHOGA VALLEY NATIONAL HISTORICAL PARK AND RECREATION AREA: HEARINGS ON H.R. 7167 AND RELATED BILLS BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION OF THE HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, 93RD CONG., 2ND SESS. 49 (1974).

THE ACT'S PROVISION WHICH AUTHORIZES THE SECRETARY TO WORK WITH LOCAL OFFICIALS ON ZONING LAWS ALSO INDICATES THAT CONGRESS DID NOT WANT COMMERCIAL PROPERTY IN THE AREA (EXCEPT FOR AGRICULTURAL PROPERTY). SUBSECTION 3(F) OF THE ACT PROVIDES THAT THE SECRETARY MAY ASSIST LOCAL OFFICERS AND EMPLOYEES IN ESTABLISHING ZONING LAWS AND ORDINANCES WHICH WILL ASSIST IN ACHIEVING THE PURPOSES OF THE ACT. THE SUBSECTION, BY WAY OF PROVIDING GUIDANCE TO THE SECRETARY, IN PART PROVIDES:

"*** IN PROVIDING ASSISTANCE PURSUANT TO THIS SUBSECTION, THE SECRETARY SHALL ENDEAVOR TO OBTAIN PROVISIONS IN SUCH ZONING LAWS OR ORDINANCES WHICH -

"(1) HAVE THE EFFECT OF PROHIBITING THE COMMERCIAL AND INDUSTRIAL USE (OTHER THAN A USE FOR COMMERCIAL FARMS AND ORCHARDS) OF ALL REAL PROPERTY ADJACENT TO THE RECREATION AREA. ***"

WE REASON THAT CONGRESS AUTHORIZED THE SECRETARY TO ENCOURAGE LOCAL ZONING PROHIBITING COMMERCIAL LAND USE ADJACENT TO THE AREA BECAUSE IT BELIEVES SUCH USE WOULD FRUSTRATE THE PURPOSES IT HAD FOR ESTABLISHING THE AREA. ACCORDINGLY, WE CONCLUDE THAT CONGRESS PREFERENCE WOULD BE THAT THE SECRETARY ATTEMPT TO ELIMINATE SUCH LAND USE WITHIN THE AREA BY ACQUISITION AS WELL.

IN YOUR SUBMISSION, YOU QUOTE A SECTION FROM THE ACT CREATING THE SLEEPING BEAR DUNES NATIONAL LAKESHORE WHICH INDICATES THAT CONGRESS CONSIDERED ARCHITECTS' PROFESSIONAL OFFICES TO BE COMPATIBLE WITH THE LAKESHORE'S PURPOSES. FN1 HOWEVER, CONGRESS PRONOUNCEMENT OF WHAT IT CONSIDERED TO BE COMPATIBLE REAL PROPERTY USAGE FOR SLEEPING BEAR DUNES NATIONAL LAKESHORE CANNOT BE USED TO INTERPRET WHAT IS ACCEPTABLE FOR CUYAHOGA VALLEY NATIONAL RECREATION AREA.

THE PROVISIONS IN THE ACT CREATING THE LAKESHORE LIMITING THE SECRETARY OF INTERIOR'S LAND ACQUISITION AUTHORITY ARE DISTINGUISHABLE FROM THE COUNTERPART PROVISIONS IN THE STATUTE ESTABLISHING THE RECREATION AREA. IN THE SLEEPING BEAR DUNES LEGISLATION, COMMERCIAL PROPERTY IN GENERAL, AND PROFESSIONAL OFFICES IN PARTICULAR, ARE EXPRESSLY PROTECTED FROM ACQUISITION, BUT IN THE CUYAHOGA VALLEY STATUTE THEY ARE NOT. BOTH ENACTMENTS GRANT THE SECRETARY THE GENERAL AUTHORITY TO ACQUIRE REAL PROPERTY WITHIN THE AREAS ESTABLISHED. 16 U.S.C. SEC. 460FFB) (1976), (CUYAHOGA); 16 U.S.C. SEC. 460X-7 (1976); (SLEEPING BEAR DUNES). THESE TWO PROVISIONS CITED, AUTHORIZE THE SECRETARY, SUBJECT TO THE AVAILABILITY OF FUNDS, TO ACQUIRE ALL PROPERTY INTERESTS WITHIN THE DESIGNATED AREAS, EXCEPT AS THE CONGRESS DIRECTS OTHERWISE.

AS YOUR SUBMISSION NOTES, CONGRESS SPECIFIED IN THE ACT CREATING SLEEPING BEAR DUNES, IN SECTION 13, THAT, THE USE OF PROPERTY FOR "ARCHITECTURAL AND OTHER SUCH PROFESSIONAL OFFICES" WAS COMPATIBLE WITH THE ACT'S PURPOSES, AND THAT THE SECRETARY WAS PROHIBITED FROM CONDEMNING SUCH PROPERTY. ALSO, THE SECTION CONTAINS A GENERAL DIRECTION TO THE SECRETARY NOT TO CONDEMN COMMERCIAL PROPERTY. (THE DIRECTION IS QUALIFIED IN THAT THE PROTECTED PROPERTY MUST HAVE BEEN IN EXISTENCE ON DECEMBER 31, 1964, AND THAT ITS USE MUST FURTHER THE PURPOSES OF THE ACT, AND NOT IMPAIR THE USEFULNESS AND ATTRACTIVENESS OF THE AREA.)

ON THE OTHER HAND, THE CUYAHOGA LEGISLATION DOES NOT CONTAIN A PROVISION PROTECTING COMMERCIAL PROPERTY AS A CLASS. THE ACT CONTAINS TWO LIMITATIONS UPON THE SECRETARY'S AUTHORITY TO ACQUIRE PROPERTY IN FEE. NOTED ABOVE, SUBSECTION 2(B) DIRECTS THE SECRETARY NOT TO ACQUIRE PRIVATELY OWNED LAND USED FOR PUBLIC RECREATION UNLESS HE DETERMINES THAT SUCH LANDS ARE ESSENTIAL TO CARRY OUT THE PURPOSES OF THE ACT. SUBSECTION 2(C) DIRECTS THE SECRETARY NOT TO ACQUIRE FEE TITLE TO "IMPROVED PROPERTIES" (EXPLAINED ABOVE) UNLESS HE FINDS THEIR USE TO BE DETRIMENTAL TO THE AREA'S PURPOSES.

2. DOES THE PARK SERVICE HAVE THE AUTHORITY TO PURCHASE PROPERTY FROM ANY WILLING SELLER, OR ONLY FROM LANDOWNERS FOR WHOM A DELAY IN THE SALE OF THE PROPERTY WOULD RESULT IN HARDSHIP UNDER SUBSECTION 8(B) OF PUB.L. NO. 91-479? (16 U.S.C. SEC. 460X-7(B) (1976).)

SECTION 8(B) AUTHORIZES THE SECRETARY OF THE INTERIOR TO ACQUIRE PROPERTY FROM ANY OWNER OF PROPERTY SITUATED WITHIN THE SLEEPING BEAR DUNES NATIONAL LAKESHORE WHO WANTS TO SELL REGARDLESS OF WHETHER OR NOT CONTINUED OWNERSHIP WOULD CONSTITUTE A HARDSHIP. THE SUBSECTION REQUIRES THE SECRETARY TO GIVE IMMEDIATE AND CAREFUL CONSIDERATION TO ALL OFFERS TO SELL. HOWEVER, THE SECRETARY MUST GIVE PREFERENTIAL CONSIDERATION TO OFFERS FROM "HARDSHIP" SELLERS. OUR INTERPRETATION OF SECTION 8(B) IS SUPPORTED BY THE EXPLANATION OF THE PROVISION IN ITS REPORT ON THE LEGISLATION BY THE SENATE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS:

"*** PROPERTIES WITHIN THE LAKESHORE WHICH ARE OWNED BY THE STATE OF MICHIGAN MAY BE ACQUIRED ONLY BY DONATION AND THE SECRETARY IS REQUIRED TO CONSIDER ALL OFFERS OF INDIVIDUAL OWNERS TO SELL, TO EXPEDITE OFFERS MADE UNDER HARDSHIP CIRCUMSTANCES, AND TO MAKE A REASONABLE EFFORT TO ACQUIRE PRIVATELY HELD PROPERTY BY NEGOTIATION BEFORE INITIATING CONDEMNATION PROCEEDINGS." S.REP. NO. 1263, 91ST CONG., 2ND SESS., REPRINTED IN 1970 U.S.C. CONG, AND AD. NEWS 4279, 4282.

SIMILARLY, THE SECRETARY HAS AUTHORITY TO ACQUIRE PROPERTY FROM ANY WILLING SELLER OF LAND WITHIN THE CUYAHOGA VALLEY NATIONAL RECREATION AREA. SUBSECTION 2(G) OF PUB.L. NO. 93-555, QUOTED IN YOUR SUBMISSION, REQUIRES THE SECRETARY TO GIVE PREFERENTIAL CONSIDERATION TO HARDSHIP SELLERS. HOWEVER, UNDER HIS GENERAL ACQUISITION AUTHORITY, DISCUSSED EARLIER, HE MAY, PURCHASE PROPERTY FROM ANY WILLING SELLER SUBJECT TO THE AVAILABILITY OF FUNDS AND THE LIMITATIONS NOTED IN OUR ANSWER TO QUESTION 1.

3. IS THE SECRETARY OF THE INTERIOR REQUIRED TO COMPENSATE OWNERS OF LAND WITHIN THE SLEEPING BEAR DUNES NATIONAL LAKESHORE WHO SIGN "AGREEMENTS RESTRICTING THEIR PROPERTY'S USE AND DEVELOPMENT" UNDER THE PROVISIONS OF SECTION 3(F)? (16 U.S.C. SEC. 460X-2(F) (1976).)

THE SECRETARY OF THE INTERIOR IS NOT REQUIRED TO PROVIDE COMPENSATION TO OWNERS OF PROPERTY IN THE LAKESHORE WHO SIGN RESTRICTIVE AGREEMENTS.

NEITHER THE ACT NOR ITS LEGISLATIVE HISTORY INDICATE THAT CONGRESS INTENDED TO REQUIRE THE SECRETARY TO COMPENSATE LANDOWNERS WHO SIGN RESTRICTIVE AGREEMENTS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3(F). YOUR UNDERSTANDING THAT THE CONGRESSIONAL RECORD INDICATES THAT THE SECRETARY SHOULD PROVIDE COMPENSATION IS INCORRECT. THE PASSAGE FROM THE RECORD WHICH YOU QUOTE IN SUPPORT OF YOUR UNDERSTANDING DOES NOT REFER TO THE LEGISLATION CREATING THE LAKESHORE AS ENACTED. RATHER, IT IS TAKEN FROM A PROPOSED AMENDMENT TO THE LEGISLATION WHICH THE SENATE REJECTED. 116 CONG.REC. 35541, 35548 (1970). THUS, IT HAS NO RELEVANCE TO THE INTERPRETATION OF SECTION 3 AS FINALLY PASSED BY CONGRESS.

THE PROVISION, SECTION 3(F), UNDER WHICH THE INTERIOR DEPARTMENT IS ENTERING INTO THE RESTRICTIVE AGREEMENTS IS PART OF A STATUTORY SCHEME INTENDED TO BALANCE THE LOCAL LANDOWNERS' INTERESTS WITH THE LAKESHORE'S.SEE 116 CONG.REC. 35541 (1970) (REMARKS OF SENATOR BIBLE). THE AGREEMENTS WERE INTENDED AS A DEVICE THROUGH WHICH LOCAL LANDOWNERS COULD BE ALLOWED TO REMAIN IN THE LAKESHORE AREA WHILE AT THE SAME TIME THE PUBLIC INTEREST IN THE LAKESHORE WOULD BE PROTECTED. UNDER THE CONGRESSIONAL SCHEME, THE SECRETARY CLASSIFIES ALL LANDS WITHIN THE LAKESHORE INTO THREE CATEGORIES WITHIN APPROXIMATELY 30 DAYS AFTER THE EFFECTIVE DATE OF THE ACT ESTABLISHING IT. THE SECRETARY IS TO ACQUIRE LANDS CLASSIFIED FOR PUBLIC USE AND DEVELOPMENT (CATEGORY I) AS SOON AS POSSIBLE AFTER CONGRESS APPROPRIATES FUNDS. SUBSECTION (C) REQUIRES THE SECRETARY TO DETERMINE WHICH LANDS SHOULD BE SET ASIDE AS ENVIRONMENTAL CONSERVATION AREAS (CATEGORY II) AND WHICH TO DESIGNATE FOR PRIVATE USE AND DEVELOPMENT (CATEGORY III). SUBSECTIONS (D) AND (E) AUTHORIZE THE SECRETARY TO ACQUIRE LESS THAN FEE INTERESTS IN CATEGORY II AND III AREAS (EXCEPT FOR PROPERTIES HE HAS DESIGNATED FOR FEE ACQUISITION).

SUBSECTION (F) DIRECTS THE SECRETARY TO NOTIFY THE OWNERS OF PROPERTY IN CATEGORIES II AND III NOT DESIGNATED FOR FEE ACQUISITION, OF THE RESTRICTIONS ON LAND USE AND DEVELOPMENT. THE SECTION THEN PROVIDES THAT IF A NOTIFIED OWNER AGREES TO ABIDE BY THE RESTRICTIONS (I.E. THE RESTRICTIVE AGREEMENTS AT ISSUE HERE), THE SECRETARY CANNOT CONDEMN HIS PROPERTY (UNLESS THE LAND IS NEEDED LATER FOR SOME PUBLIC USE FACILITY). HOWEVER, THE SECRETARY MAY ACQUIRE A FEE OR LESSER INTEREST IN THE PROPERTY OF ANY OWNER WHO DOES NOT AGREE TO USE HIS PROPERTY IN ACCORDANCE WITH THE SECRETARY'S NOTICE. THUS, A LANDOWNER PROTECTS HIMSELF AGAINST CONDEMNATION OF HIS PROPERTY BY EXECUTING A RESTRICTIVE AGREEMENT (AND THE LAKESHORE IS PROTECTED BY THE TERMS OF THE AGREEMENT). WE FIND NO INDICATION AS TO WHETHER CONGRESS INTENDED FOR LANDOWNERS TO ALSO RECEIVE PAYMENT FOR EXECUTING THE AGREEMENTS, BUT IN ANY EVENT, IT IS CLEAR THAT THERE IS NO REQUIREMENT FOR COMPENSATION. YOU NOTE IN YOUR SUBMISSION THAT THE PARK SERVICE IS COMPENSATING LANDOWNERS IN CUYAHOGA VALLEY FOR AGREEMENTS SIMILAR TO THOSE MADE WITH THE OWNERS IN SLEEPING BEAR DUNES. UNDER THE AUTHORIZING STATUTES OF BOTH CUYAHOGA VALLEY AND SLEEPING BEAR DUNES, THE SECRETARY MAY, BUT IS NOT REQUIRED TO, COMPENSATE LANDOWNERS FOR EXECUTING AGREEMENTS RESTRICTING THEIR PROPERTY USE. ACCORDINGLY, IT IS WITHIN THE SECRETARY'S DISCRETION TO DETERMINE WHETHER TO PROVIDE COMPENSATION TO LANDOWNERS IN BOTH AREAS.

WE NOTE A DISTINCTION BETWEEN THE AUTHORIZING ACTS WHICH MAY SUGGEST WHY THE PARK SERVICE IS OFFERING COMPENSATION IN CUYAHOGA VALLEY, BUT NOT IN SLEEPING BEAR DUNES. AS DISCUSSED ABOVE, THE SLEEPING BEAR DUNES LANDOWNER, BY EXECUTING A RESTRICTIVE AGREEMENT, GAINS THE RIGHT NOT TO HAVE HIS PROPERTY CONDEMNED. NO ADDITIONAL INDUCEMENT IS NECESSARY TO HIM TO SIGN THE AGREEMENT. ON THE OTHER HAND, THE CUYAHOGA VALLEY OWNER OF "IMPROVED PROPERTY" IS ALREADY PROTECTED FROM CONDEMNATION BY SECTION 2(C) OF THE ACT, AS EXPLAINED IN OUR ANSWER TO QUESTION 1. THEREFORE, TO INDUCE THE OWNERS TO SIGN AN AGREEMENT THE PARK SERVICE MAY FIND IT NECESSARY TO OFFER HIM ADDITIONAL COMPENSATION.

4. DO THE PROVISIONS OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970, 42 U.S.C. SEC. 4601 ET SEQ. (1976) (ACT) APPLY TO ACQUISITIONS BY THE NATIONAL PARK FOUNDATION?

THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 APPLIES IN CASES OF NATIONAL PARK FOUNDATION LAND ACQUISITIONS WHICH OTHERWISE MEET THE ACT'S REQUIREMENTS. TENANTS RESIDING ON PROPERTY DONATED TO THE FOUNDATION ARE ENTITLED TO RELOCATION ASSISTANCE, IF OTHERWISE QUALIFIED.

IN GENERAL, THE ACT, 42 U.S.C. SEC. 4601 ET SEQ. (1976), REQUIRES THE UNITED STATES TO PAY THE RELOCATION EXPENSES OF PERSONS (OR BUSINESS ENTERPRISES) WHO MUST MOVE THEIR HOMES, BUSINESSES OR FARMS BECAUSE THE GOVERNMENT HAS ACQUIRED REAL PROPERTY FOR A PROGRAM OR PROJECT UNDERTAKEN BY A FEDERAL AGENCY. THE ACT APPLIES TO RELOCATIONS RESULTING FROM ACQUISITIONS FOR THE NATIONAL PARK SYSTEM SUCH AS THOSE DISCUSSED IN OUR ANSWERS TO QUESTIONS 1 AND 2.

FOUNDATION ACQUISITIONS OF LANDS FOR A NATIONAL PARK ARE TANTAMOUNT TO ACQUISITIONS BY THE FEDERAL GOVERNMENT FOR PURPOSES OF THE RELOCATION ASSISTANCE ACT. THE FOUNDATION'S PURPOSE IS TO RECEIVE AND ADMINISTER GIFTS OF REAL ESTATE AND OF PERSONAL PROPERTY, INCLUDING MONEY, FOR THE BENEFIT OF, OR IN CONNECTION WITH THE NATIONAL PARK SERVICE'S ACTIVITIES AND SERVICES. 16 U.S.C. SECS. 19E, 19G (1976). AT THE TIME CONGRESS CREATED THE FOUNDATION, IT BELIEVED THAT THE UNITED STATES WAS LOSING POTENTIAL PRIVATE DONATIONS TO FURTHER THE PARK SERVICE'S WORK BECAUSE OF LEGAL RESTRICTIONS ON THE SECRETARY OF THE INTERIOR'S AND THE NATIONAL PARK TRUST FUND BOARD'S AUTHORITY TO ACCEPT AND USE SUCH GIFTS. THEREFORE, TO ENCOURAGE PRIVATE GIFTS FOR THE BENEFIT OF THE NATIONAL PARK SERVICE, CONGRESS ESTABLISHED THE FOUNDATION, GIVING IT CONSIDERABLY BROADER AUTHORITY TO ACCEPT AND USE DONATIONS THAN POSSESSED BY EITHER THE SECRETARY OR THE BOARD. H.REP. NO. 623, 90TH CONG., 1ST SESS. 2 (1967). CONGRESS ANTICIPATED ALSO THAT THE FOUNDATION WOULD USE DONATED FUNDS TO BUY REAL PROPERTY FOR THE PARK SYSTEM. S.REP. NO. 532, 90TH CONG., 1ST SESS. 3 (1967). THUS, THE FOUNDATION IS THE UNITED STATES' INSTRUMENT FOR ACQUIRING PRIVATE PROPERTY FOR THE BENEFIT OF THE NATIONAL PARK SYSTEM BY GIFT OR THROUGH PURCHASES NOT SUBJECT TO THE RESTRICTIONS ORDINARILY IMPOSED UPON THE SECRETARY OF INTERIOR. ACCORDINGLY, THE RELOCATION ACT COVERS PERSONS DISPLACED BECAUSE OF FOUNDATION ACQUISITIONS PROVIDING THE ACQUISITION MEETS THE ACT'S OTHER REQUIREMENTS, I.E., ACQUISITION IS FOR A PROGRAM OR PROJECT.

FN1 16 U.S.C. SEC. 460X-12 (1976).