§ 425l. — Acquisitions and conveyances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC425l]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 425l. Acquisitions and conveyances
(a) Acquisition
(1) Except as provided in paragraph (2), the Secretary is authorized
to acquire lands and interests in lands within the park, by donation,
purchase with donated or appropriated funds or by exchange.
(2) The lands designated ``P04-04'' on the map referred to in
section 425k(a) of this title 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.
(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 section 425k(b) of this title 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 December 11, 1989, 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 nonpark 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 sections 425k to 425o of this title 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. 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 425m
of this title) 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.
(Pub. L. 101-214, Sec. 3, Dec. 11, 1989, 103 Stat. 1849; Pub. L. 106-
150, Sec. 1(b)(1), Dec. 9, 1999, 113 Stat. 1730.)
Amendments
1999--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).
Section Referred to in Other Sections
This section is referred to in sections 425k, 425m, 425o of this
title.
