§ 426n. Boundary revision of Stones River National Battlefield

Statutory text

Expansion of Stones River National Battlefield

In furtherance of sections 426 to 426j of this title, the boundary of Stones River National Battlefield (hereinafter referred to as “battlefield”) is hereby revised to include the lands generally depicted on the map entitled “Boundary Map, Stones River National Battlefield” numbered 327/80,004B, and dated November 1991. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior and in the office of the Superintendent of the Stones River National Battlefield.

Acquisition of lands

The Secretary of the Interior (hereinafter referred to as “Secretary”) is hereby authorized to acquire lands or interests therein within the boundary of the battlefield by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Tennessee or any political subdivision thereof may be acquired only by donation. Lands and interests therein acquired pursuant to sections 426n to 426p of this title shall become part of the battlefield, subject to all the laws and regulations applicable thereto.

Before acquiring any lands under sections 426n to 426p of this title where the surface of such lands has been substantially disturbed or which are believed by the Secretary to contain hazardous substances, the Secretary shall prepare a report on the potential hazardous substances associated with such lands and the estimated cost of restoring such lands, together with a plan of the remedial measures necessary to allow acquisition of such lands to proceed in a timely manner, consistent with the requirements of subparagraph (B). The Secretary shall submit such report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives.

The Secretary shall not acquire any lands under sections 426n to 426p of this title if the Secretary determines that such lands, or any portion thereof, have become contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601)).

Except for property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use, an owner of improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain, as a condition of such acquisition, a right of use and occupancy of the property for such residential purposes. The right retained may be for a definite term which shall not exceed 25 years or, in lieu thereof, for a term ending at the death of the owner or the death of the spouse, whichever is later. The owner shall elect the term to be retained. The Secretary shall pay the owner the fair market value of the property on the date of such acquisition, less the fair market value of the term retained by the owner.

Any right of use and occupancy retained pursuant to this section may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of the property in accordance with the purposes of sections 426n to 426p of this title. Upon his determination that the property, or any portion thereof, has ceased to be so used in accordance with such terms and conditions, the Secretary may terminate the right of use and occupancy by tendering to the holder of such right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination.

This paragraph applies only to owners who have reached the age of majority.

As used in this paragraph, the term “improved property” means a detached, year-round noncommercial residential dwelling, the construction of which was begun before December 11, 1991, together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

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.

1987
Pub. L. 100–205 § 1 · 101 Stat. 1433
Enacted · 16 U.S.C. § 426n
Pub. L. 100–205, § 1, Dec. 23, 1987, 101 Stat. 1433
Source evidence
Code source credit
Pub. L. 100–205, § 1, Dec. 23, 1987, 101 Stat. 1433
Enacted provision · exact public law section
SECTION 1. STONES RIVER NATIONAL BATTLEFIELD. (a) Expansion of Stones River National Battlefield.— In furtherance of the Act of March 3, 1927 (44 Stat. 1399), as amended, the 16 USC 426. boundary of Stones River National Battlefield (hereinafter referred to as “battlefield”) is hereby revised to include the lands generally depicted on the map entitled “Boundary Map, Stones River National Battlefield” numbered 327/80,001, and dated March 1987. The map Public information. shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior and in the office of the Superintendent of the Stones River National Battlefield. (b) Acquisition of Lands.— The Secretary of the Interior (hereinafter referred to as “Secretary”) is hereby authorized to acquire lands or interests therein within the boundary of the battlefield by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Tennessee or any political subdivision thereof may be acquired only by donation. Lands and interests therein acquired pursuant to this Act shall become part of the battlefield, subject to all the laws and regulations applicable thereto.
1991
Pub. L. 102–225 § 1(1) · 105 Stat. 1682
Substituted · 16 U.S.C. § 426n(a)
Pub. L. 102–225, § 1(1), substituted “numbered 327/80,004B, and dated November 1991” for “numbered 327/80,001, and dated March 1987”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–225, § 1(1), substituted “numbered 327/80,004B, and dated November 1991” for “numbered 327/80,001, and dated March 1987”.
Enacted provision · exact public law section
(1) In the first sentence of section 1(a) strike “numbered 327/80,001, 16 USC 426n. and dated March 1987” and insert “numbered 327/80,004B, and dated November 1991”.
1991
Pub. L. 102–225 § 1(2) · 105 Stat. 1682
1. Amended · 16 U.S.C. § 426n(b)
  Pub. L. 102–225, § 1(2), designated existing provisions as par. (1)
2. Added · 16 U.S.C. § 426n(b)
  Pub. L. 102–225, § 1(2), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–225, § 1(2), designated existing provisions as par. (1) and added pars. (2) and (3).
Enacted provision · exact public law section
(2) In section 1(b), insert “(1)” after “LANDS.—”, and add at the end thereof the following:
1994
Pub. L. 103–437 § 6(d)(15) · 108 Stat. 4581
Substituted · 16 U.S.C. § 426n(b)(2)(A)
Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
Enacted provision · exact public law section
(15) sections 1(b)(2)(A) and 3(d) of the Act of December 23, 1987 (16 U.S.C. 426n(b)(2)(A), 426o–1(d)).

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in subsec. (b)(2)(B), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

Amendments1991–1994 · 2 rounds

1994

Subsec. (b)(2)(A). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.

1991

Subsec. (a). Pub. L. 102–225, § 1(1), substituted “numbered 327/80,004B, and dated November 1991” for “numbered 327/80,001, and dated March 1987”.

Subsec. (b). Pub. L. 102–225, § 1(2), designated existing provisions as par. (1) and added pars. (2) and (3).

Credits

1987–1994 · 3 acts

1987Pub. L. 100–205, § 1, Dec. 23, 1987, 101 Stat. 1433
1991Pub. L. 102–225, § 1(1), (2), Dec. 11, 1991, 105 Stat. 1682
1994Pub. L. 103–437, § 6(d)(15), Nov. 2, 1994, 108 Stat. 4584.

Show as published

(Pub. L. 100–205, § 1, Dec. 23, 1987, 101 Stat. 1433; Pub. L. 102–225, § 1(1), (2), Dec. 11, 1991, 105 Stat. 1682; Pub. L. 103–437, § 6(d)(15), Nov. 2, 1994, 108 Stat. 4584.)