§ 429b-1. — Acquisition and use 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: 16USC429b-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 429b-1. Acquisition and use of lands
(a) Acquisition of property or interests in property; scenic
preservation of views
(1) In order to effectuate the purposes of sections 429b to 429b-5
of this title, the Secretary is authorized to acquire by donation,
purchase with donated or appropriated funds or exchange, any property or
interests therein which are located within the boundaries of the park,
except that property owned by the Commonwealth of Virginia or by any
political subdivision thereof may be acquired only by donation.
(2) The Secretary shall cooperate with the Commonwealth of Virginia,
the political subdivisions thereof, and other parties as designated by
the Commonwealth or its political subdivisions in order to promote and
achieve scenic preservation of views from within the park through zoning
and such other means as the parties determine feasible.
(b) Acquisition of fee simple title with the consent of owner; hearing
and review
With respect to areas within the 1954 boundaries of the park, as
identified on the map referred to in section 429b of this title, the
Secretary may not acquire fee simple title to such areas without the
consent of the owner so long as the lands continue to be devoted to a
use which is the same as that in effect on September 1, 1980. Further,
if the Secretary proposes to acquire fee simple title to such property
because of a change in use, the owner of such property may seek a review
of the proposed acquisition of his or her property and is entitled to a
hearing on the record in accordance with section 554 of title 5.
(c) Secretary authorized to make land available for Route 234 bypass
If the Virginia Department of Highways and Transportation determines
that the proposed Route 234 bypass should be properly located between
the Virginia Electric Power Company powerline easement and route 705,
the Secretary shall make available the land necessary for such bypass,
subject to such revisions, terms, and conditions as the Secretary deems
are necessary and appropriate to assure that such bypass is located,
constructed, operated, and maintained in a manner consistent with the
administration of the park.
(d) Secretary not to close State roads
The Secretary may not close any State roads within the park unless
action permitting the closing of such roads has been taken by
appropriate officials of the Commonwealth of Virginia.
(Apr. 17, 1954, ch. 153, Sec. 2, as added Pub. L. 96-442, Sec. 2, Oct.
13, 1980, 94 Stat. 1885; amended Pub. L. 100-647, title X, Sec. 10003,
Nov. 10, 1988, 102 Stat. 3811.)
Amendments
1988--Subsec. (a). Pub. L. 100-647 designated existing provisions as
par. (1) and added par. (2).
Section Referred to in Other Sections
This section is referred to in sections 429b, 429b-2 to 429b-5 of
this title.
