§ 426n. — Boundary revision of Stones River National Battlefield.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC426n]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 426n. Boundary revision of Stones River National
Battlefield
(a) 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.
(b) Acquisition of lands
(1) 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.
(2)(A) 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.
(B) 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)).
(3)(A) 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.
(B) 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.
(C) This paragraph applies only to owners who have reached the age
of majority.
(D) 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.
(Pub. L. 100-205, Sec. 1, Dec. 23, 1987, 101 Stat. 1433; Pub. L. 102-
225, Sec. 1(1), (2), Dec. 11, 1991, 105 Stat. 1682; Pub. L. 103-437,
Sec. 6(d)(15), Nov. 2, 1994, 108 Stat. 4584.)
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, as amended, which is
classified principally to chapter 103 (Sec. 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.
Amendments
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, Sec. 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, Sec. 1(2), designated existing
provisions as par. (1) and added pars. (2) and (3).
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 426o-1, 426p of this title.
