§ 159g. — Acquisition of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC159g]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII--SARATOGA NATIONAL HISTORICAL PARK
Sec. 159g. Acquisition of lands
(a) Manner; limitations
Except as provided in subsection (b) of this section, within the
boundary of the park, the Secretary of the Interior (hereinafter in this
Act referred to as the ``Secretary''), is authorized to acquire lands
and interests therein by donation, purchase with donated or appropriated
funds, or exchange. Except for the tract identified on the aforesaid map
as tract number 01-132, which was authorized to be acquired by section
159e of this title, the Secretary may not acquire (except by donation)
fee simple title to those lands depicted on the map as proposed for less
than fee acquisition. The map shall be on file and available for public
inspection in the office of the National Park Service, Department of the
Interior.
(b) Conditions for forced sale; right of first refusal
(1) Appropriated funds may not be used to acquire lands or interests
therein within the park without the consent of the owner except when--
(A) the Secretary determines that such owner is subjecting, or
is about to subject, the property to actions which would
significantly degrade its value as a component of the park; or
(B) the owner fails to comply with the provisions of paragraph
(2).
The Secretary shall immediately notify the owner in writing of any
determination under subparagraph (A). If the owner immediately ceases
the activity subject to such notification, the Secretary shall attempt
to negotiate a mutually satisfactory solution prior to exercising any
authority provided by subsection (a) of this section.
(2) If an owner of lands or interests therein within the park
intends to transfer any such lands or interest to persons other than the
owner's immediate family, the owner shall notify the Secretary in
writing of such intention. Within forty-five days after receipt of such
notice, the Secretary shall respond in writing as to his interest in
exercising a right of first refusal to purchase fee title or lesser
interests. If, within such forty-five days, the Secretary declines to
respond in writing or expresses no interest in exercising such right,
the owner may proceed to transfer such interests. If the Secretary
responds in writing within such forty-five days and expresses an
interest and intention to exercise a right of first refusal, the
Secretary shall initiate an action to exercise such right within ninety
days after the date of the Secretary's response. If the Secretary fails
to initiate action to exercise such right within such ninety days, the
owner may proceed to otherwise transfer such interests. As used in this
subsection with respect to a property owner, the term ``immediate
family'' means the spouse, brother, sister, parent, or child of such
property owner. Such term includes a person bearing such relationships
through adoption and a stepchild shall be treated as a natural born
child for purposes of determining such relationship.
(c) Exception
Subsection (b) of this section shall not apply with respect to tract
number 01-142.
(d) Notification by owner of intended actions
When an owner of property within the park desires to take an action
with respect to his property, he shall request, in writing, a prompt
written determination from the Secretary as to the likelihood of such
action provoking a determination by the Secretary under the provisions
of subsection (b)(1)(A) of this section. The Secretary is thereupon
directed to promptly issue such owner a certificate of exemption from
condemnation for such actions proposed by the owner which the Secretary
determines to be compatible with the purposes of the park.
(e) Limited right of retention; calculation of payment
(1) An owner of improved property which is used solely for
noncommercial residential purposes, or for commercial agricultural
purposes found to be compatible with the General Management Plan, on the
date of its acquisition by the Secretary may retain, as a condition of
such an acquisition, a right of use and occupancy of the property for
such residential or agricultural purposes. The right retained may be for
a definite term which shall not exceed twenty-five years, or in lieu
thereof, for a term ending at the death of the owner. The Secretary
shall pay to 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.
(2) Except for tract number 01-142, paragraph (1) shall not apply to
property which the Secretary determines to be necessary for the purposes
of administration, development, access, or public use.
(f) Rapid acquisition
Any owner of lands or interests therein within the park who desires
to have such lands or interests acquired by the Secretary may notify the
Secretary in writing of such desire. It is the intention of the Congress
that, upon receipt of such notification, and on the condition that such
acquisition will transpire at fair market value and in accordance with
other conditions acceptable to the Secretary, the Secretary shall
endeavor to acquire such lands or interests therein within six months of
the date of receipt of such notice from the owner.
(Pub. L. 97-460, Sec. 2, Jan. 12, 1983, 96 Stat. 2520.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 97-460, Jan. 12,
1983, 96 Stat. 2520, which enacted sections 159f and 159g of this title,
amended section 159d of this title, and enacted a provision set out as a
note under section 159f of this title. For complete classification of
this Act to the Code, see Tables.
