§ 425l. Acquisitions and conveyances

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1989

   Fredericksburg and Spotsylvania County Battlefields Memorial National Military Park Expansion Act of 1989

   Pub. L. 101–214 § 3 · 103 Stat. 1849

   Enacted · 16 U.S.C. § 425l

   Pub. L. 101–214, § 3, Dec. 11, 1989, 103 Stat. 1849

   Source evidence

   Code source credit
   Pub. L. 101–214, § 3, Dec. 11, 1989, 103 Stat. 1849

   Enacted provision · exact public law section
   SEC. 3. ACQUISITIONS AND CONVEYANCES. (a) Acquisition.— The Secretary is authorized to acquire lands Gifts and property. and interests in lands within the park, by donation, purchase with donated or appropriated funds or by exchange. (b) Conveyance of Lands Excluded From Park.— (1) The Secretary is authorized, in accordance with applicable existing law, to exchange Federal lands and interests excluded from the park pursuant to subsection 2(b) for the purpose of acquiring lands within the park boundary. (2) If any such Federal lands or interests are not exchanged within five years after the date of enactment of this Act, the Secretary may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the Secretary may prescribe, but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the Secretary. (3) All Federal lands and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the Secretary, will protect the battlefield setting. Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to acquire lands and interests within the park. (c) Alternative Access.— In order to facilitate the acquisition by the United States of existing easements or rights of access across Federal lands within the park and to provide the owners of such easements or rights of access with alternative rights of access across non park lands, the Secretary may acquire, by donation, purchase with donated or appropriated funds, or exchange, interests in land of similar estate across lands which are not within the park. With or without the acceptance of payment of cash to equalize the values of the properties, the Secretary may convey such nonpark lands or interests in lands to the holders of such existing easements or rights of access across Federal lands within the park in exchange for their conveyance to the United States of such easements or rights. Nothing in this Act shall prohibit the Secretary from acquiring any outstanding easements or rights of access across Federal lands by donation, purchase with donated or appropriated funds or by exchange. (d) Conservation Easements.— The Secretary is authorized to accept donations of conservation easements on lands adjacent to the park. Historic preservation. Such conservation easements shall have the effect of protecting the scenic and historic resources on park lands and the adjacent lands or preserving the undeveloped or historic appearance of the park when viewed from within or without the park. (e) Other Provisions.— Within the area bounded by the Orange Turnpike, the Orange Plank Road, and McLaws Drive no improved property (as defined in section 4) may be acquired without the consent of the owner thereof unless the Secretary determines that, in his judgment, the property is subject to, or threatened with, uses which are having, or would have, an adverse impact on the park.

2. 1999

   Pub. L. 106–150 § 1(b)(1) · 113 Stat. 1730

   1. Amended · 16 U.S.C. § 425l(a)

      Pub. L. 106–150 designated existing provisions as par. (1)

   2. Substituted · 16 U.S.C. § 425l(a)

      Pub. L. 106–150 substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”

   3. Added · 16 U.S.C. § 425l(a)

      Pub. L. 106–150 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–150 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, and added par. (2).

   Enacted provision · exact public law section
   (1) Limitations on acquisition methods.— Section 3(a) of Public Law 101–214 (16 U.S.C. 4251(a)) is amended— (A) by striking “The Secretary” and inserting “(1) Except as provided in paragraph (2), the Secretary”; and (B) by adding at the end the following new paragraph: “(2) The lands designated ‘P04–04’ on the map referred to in section 2(a) numbered 326–40072E/89/A and dated September 1990 may be acquired only by donation, and the lands designated ‘P04–01’, ‘P04–02’, and ‘P04–03’ on such map may be acquired only by donation, purchase from willing sellers, or exchange.”.

4 of 4 references resolved to an enrolled provision