§ 430oo. — Acquisition of lands for preservation, protection and improvement; limitation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC430oo]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 430oo. Acquisition of lands for preservation, protection
and improvement; limitation
The Secretary of the Interior is authorized to acquire such lands
and interests in land and to enter into such agreements with the owners
of land on behalf of themselves, their heirs and assigns with respect to
the use thereof as the Secretary finds necessary to preserve, protect
and improve the Antietam Battlefield comprising approximately 1,800
acres in the State of Maryland and the property of the United States
thereon, to assure the public a full and unimpeded view thereof, and to
provide for the maintenance of the site (other than those portions
thereof which are occupied by public buildings and monuments and the
Antietam National Cemetery) in, or its restoration to, substantially the
condition in which it was at the time of the battle of Antietam. Any
acquisition authorized by this section may be made without regard to the
limitation set forth in the proviso contained in section 430nn of this
title.
(Pub. L. 86-438, Apr. 22, 1960, 74 Stat. 79; Pub. L. 93-608, Sec. 1(11),
Jan. 2, 1975, 88 Stat. 1969; Pub. L. 100-528, Sec. 1(a), Oct. 25, 1988,
102 Stat. 2649.)
Amendments
1988--Pub. L. 100-528 struck out after first sentence ``Not more
than 600 acres of land, however, shall be acquired in fee by purchase or
condemnation, but neither this limitation nor any other provision of law
shall preclude such acquisition of the fee title to other lands and its
immediate reconveyance to the former owner with such covenants,
restrictions, or conditions as will accomplish the purposes of this
section: Provided, That the cost to the Government of any such
transaction shall not exceed the reasonable value of the covenants,
restrictions, or conditions thereby imposed on the property.''
1975--Pub. L. 93-608 struck out requirement that Secretary report to
Congress at least once each year on any acquisition made or agreement
entered into under provisions of this section.
Scenic Easements; Acquisition
Pub. L. 95-625, title III, Sec. 319(a), Nov. 10, 1978, 92 Stat.
3488, as amended by Pub. L. 100-528, Sec. 1(b), Oct, 25, 1988, 102 Stat.
2649, provided that: ``In furtherance of the purposes of the Act
entitled `An Act to provide for the protection and preservation of the
Antietam Battlefield in the State of Maryland', approved April 22, 1960
(74 Stat. 79) [this section], and other Acts relative thereto [see
section 430nn of this title], the Secretary is hereby authorized to
acquire the additional lands generally depicted on the map entitled
`Boundary Map, Antietam National Battlefield, Washington County,
Maryland,' numbered 302-80.005-A and dated June 1977.''