---
kind: "section"
citation: "16 U.S.C. § 698s"
title: "16"
title_heading: "Conservation"
number: "698s"
heading: "Acquisition"
release: "119-102"
url: "https://uscodex.org/usc/16/698s"
units:
  - "Chapter 6 — Game and Bird Preserves; Protection"
---

# §698s. Acquisition

- (a) **Authorization—**
  - (1) **In general—** Subject to paragraphs [(2)](#a-2) and [(3)](#a-3), the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) lands, waters, and interests in lands and waters within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), or exchange.
  - (2) **Consent of the owner—** The [Secretary](/usc/16/410r–5.md?p=c-1) may not [acquire](/usc/16/620e.md?p=1) lands, waters, or interests in lands and waters for the [Preserve](/usc/16/410hhh–1.md?p=7) without the consent of the [owner](/usc/16/429b–3.md?p=4).
  - (3) **State lands—** Lands, waters, and interests in lands and waters within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) that are owned by the [State](/usc/16/6456.md?p=2) of Alabama, or any political [subdivision](/usc/16/539m–1.md?p=15) of the [State](/usc/16/6456.md?p=2), may be acquired only by donation or exchange.
- (b) **Negotiations for acquisition—**
  - (1) **Commencement of negotiations—** Immediately after publication of a description of the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) in accordance with [section 698q(d) of this title](/usc/16/698q.md?p=d), the [Secretary](/usc/16/410r–5.md?p=c-1) shall commence negotiations for the [acquisition](/usc/16/620e.md?p=1) of the lands, waters, and interests in lands and waters within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7).
  - (2) **Report to Congress—** Not later than 1 year after October 21, 1992, the [Secretary](/usc/16/410r–5.md?p=c-1) shall submit, in writing, a detailed schedule of actions and a progress report regarding the [acquisition](/usc/16/620e.md?p=1) to—
    - (A) the [Committee](/usc/16/941b.md?p=1) on Energy and Natural [Resources](/usc/16/410hhh–1.md?p=8) of the Senate;
    - (B) the [Committee](/usc/16/941b.md?p=1) on Natural [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13); and
    - (C) the [Committees](/usc/16/941b.md?p=1) on Appropriations of Congress.
  - (3) **Acquisition deadline—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall substantially complete the [acquisition](/usc/16/620e.md?p=1) of the lands, waters, and interests in lands and waters within the [Preserve](/usc/16/410hhh–1.md?p=7), in accordance with the purposes of [sections 698q to 698t](/usc/16/698q..698t.md) of this title, not later than 2 years after October 21, 1992, subject to the availability of [funds](/usc/16/1421h.md?p=2).
- (c) **Environmental audits—**
  - (1) **Availability to owner—** Promptly following completion of any environmental audit performed by or on behalf of the [Secretary](/usc/16/410r–5.md?p=c-1) with respect to any property proposed to be acquired for the purposes of [sections 698q to 698t](/usc/16/698q..698t.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) shall make available to the [owner](/usc/16/429b–3.md?p=4) of the property a copy of the audit.
  - (2) **Inclusion in documents transferring title—** Any audit described in [paragraph (1)](#c-1), and any environmental audit performed by the [owner](/usc/16/429b–3.md?p=4) of the property and submitted to the [Secretary](/usc/16/410r–5.md?p=c-1) prior to the date of the [acquisition](/usc/16/620e.md?p=1), shall be included as part of the documents transferring title to the property to the United States.
- (d) **Future additions—** No lands or interest in lands may be added to the [Preserve](/usc/16/410hhh–1.md?p=7) after October 21, 1992, without specific authorization by Congress and the consent of the [owner](/usc/16/429b–3.md?p=4) of the lands or interest.

## Source credit

(Pub. L. 102–427, § 4, Oct. 21, 1992, 106 Stat. 2181; Pub. L. 103–437, § 6(d)(36), Nov. 2, 1994, 108 Stat. 4585.)

## Notes

### Editorial Notes

### Amendments

1994—Subsec. (b)(2)(B). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs”.