§ 410t. — Acquisition and transfer of lands; private owner's retention of right of use and occupancy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410t]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LV--MINUTE MAN NATIONAL HISTORICAL PARK
Sec. 410t. Acquisition and transfer of lands; private owner's
retention of right of use and occupancy
(a) Acquisition of lands; administrative jurisdiction of Federal lands;
notice in Federal Register
The Secretary of the Interior is authorized to acquire by donation
or with donated funds, or with funds authorized to be appropriated,
lands and interests in lands within the area designated for the park.
Administrative jurisdiction of Federal lands lying within the area
designated for the park shall, with the concurrence of the Federal
agency involved, be transferred to the Secretary of the Interior for
administration as a part of the park.
The park shall be established as Minute Man National Historical Park
by notice in the Federal Register when the Secretary of the Interior
finds that sufficient lands within the designated area have been
acquired to warrant such establishment.
(b) Transfer of lands
The Secretary of the Interior shall transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of Defense the two
parcels currently administered by the Secretary of the Interior, as
depicted on the map dated April 1990 and numbered NARO-406/80805. The
Secretary of Defense shall transfer to the administrative jurisdiction
of the Secretary of the Interior, without reimbursement, for inclusion
in the Minute Man National Historical Park the 4 parcels now
administered by the Secretary of Defense, as depicted on the maps dated
April 1990 and numbered NARO-406/80804 and NARO-406/80805.
(c) Exceptions and limitations to authorization to acquire lands;
condemnation
The Secretary of the Interior is authorized to acquire by donation,
purchase with donated or appropriated funds, or exchange, lands or
interests in lands within the areas included within the boundaries of
the park pursuant to amendments made by the Minute Man National
Historical Park Amendments of 1991 (hereinafter referred to as ``1991
additions''), except that--
(1) lands, and interests in lands, within the 1991 additions
which are owned by the State of Massachusetts or any political
subdivision thereof, may be acquired only by donation, and
(2) lands, and interests in lands, within the 1991 additions
which are used for noncommercial residential purposes as of July 1,
1991, may be acquired only with the consent of the owner thereof
unless the property is being developed, or is proposed to be
developed, in a manner which the Secretary determines to be
detrimental to the scenic, historical, cultural, and other values of
the park.
Nothing in paragraph (2) shall be construed to prohibit the use of
condemnation as a means of acquiring a clear and marketable title, free
of any and all encumbrances for any lands within the 1991 additions. Not
later than 6 months after October 24, 1992, and after notice and
opportunity for public comment, the Secretary of the Interior shall
publish specific guidelines for making determinations under paragraph
(2). Such guidelines shall provide for (A) written notice to the
Secretary prior to commencement of any proposed development on the lands
referred to in paragraph (2), (B) written notice by the Secretary to the
owner of such lands of any determination proposed to be made under
paragraph (2), and (C) a reasonable opportunity for the owner to comment
on such proposed determination.
(d) Private owner's retention of right of use and occupancy
(1) Any individual who owns private property acquired by the
Secretary under subsection (c) of this section may, on the date of such
acquisition and as a condition of such acquisition, retain for himself
and his successors or assigns, a right of use and occupancy of the
property for a definite term of not more than 25 years from the date of
acquisition by the Secretary or a term ending at the death of the owner
or the owner's spouse, whichever is later. The owner shall elect the
term to be reserved.
(2) Unless the property is wholly or partially donated, the
Secretary shall pay to the owner reserving a right of use and occupancy
under this subsection the fair market value of the property on the date
of its acquisition, less the fair market value on that date of the right
retained by the owner.
(3) For purposes of applying this subsection, ownership shall be
determined as of July 1, 1991.
(Pub. L. 86-321, Sec. 2, Sept. 21, 1959, 73 Stat. 591; Pub. L. 102-488,
Sec. 2(3)[(2)], Oct. 24, 1992, 106 Stat. 3135.)
References in Text
The Minute Man National Historical Park Amendments of 1991, referred
to in subsec. (c), is Pub. L. 102-488, Oct. 24, 1992, 106 Stat. 3135,
which enacted sections 410x-1 and 410x-2 of this title, amended this
section and sections 410s and 410x of this title, and enacted provisions
set out as a note under section 410s of this title. For complete
classification of this Act to the Code, see Short Title of 1992
Amendment note set out under section 410s of this title and Tables.
Amendments
1992--Pub. L. 102-488 designated existing provisions as subsec. (a)
and added subsecs. (b) to (d).
