§ 450e-1. — Appomattox Court House National Historical Park.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC450e-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 450e-1. Appomattox Court House National Historical Park
(a) Boundaries
The Appomattox Court House National Historical Park shall hereafter
comprise the area depicted on the map entitled ``Boundary Map,
Appomattox Court House National Historical Park'', numbered 340/80,015
and dated June 1992, which is on file and available for public
inspection in the offices of the National Park Service, Department of
the Interior.
(b) Land acquisition by donation, purchase, or exchange; limitation on
acquisition of State land
Within the boundaries of the park, the Secretary may acquire lands
and interests in lands, by donation, purchase with donated or
appropriated funds, or exchange. Any lands or interests in lands owned
by the State of Virginia or its political subdivisions may be acquired
only by donation.
(c) Owner's reservation of right of use and occupancy of improved
property for residential purposes for life or fixed term of
years; compensation at fair market value; termination of right
retained by owner; ``improved property'' defined; waiver of
rights and benefits by owner
(1) The owner of an improved property on the date of its acquisition
by the Secretary may, as a condition of such acquisition, retain for
himself and his heirs and assigns a right of use and occupancy of the
improved property for noncommercial residential purposes for a definite
term of not more than twenty-five years or, in lieu thereof, for a term
ending at the death of the owner or the death of his spouse, whichever
is later. The owner shall elect the term to be reserved. Unless this
property is wholly or partially donated to the United States, the
Secretary shall pay the owner the fair market value of the property on
the date of acquisition, less the fair market value, on that date, of
the right retained by the owner. A right retained pursuant to this
section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a manner inconsistent with
the purposes of this section, and it shall terminate by operation of law
upon the Secretary's notifying the holder of the right of such
determination and tendering to him an amount equal to the fair market
value of that portion of the right which remains unexpired.
(2) As used in this section, the term ``improved property'' means a
detached, single-family dwelling, construction of which was begun before
June 8, 1976, which is used for noncommercial residential purposes,
together with such additional lands or interests therein as the
Secretary deems to be reasonably necessary for access thereto, such
lands being in the same ownership as the dwelling, together with any
structures accessory to the dwelling which are situated on such land.
(3) Whenever an owner of property elects to retain a right of use
and occupancy as provided in this section, such owner shall be deemed to
have waived any benefits or rights accruing under sections 4623, 4624,
4625, and 4626 of title 42, and for the purposes of such sections such
owner shall not be considered a displaced person as defined in section
4601(6) of title 42.
(d) Administration
The Secretary shall administer the park in accordance with sections
1, 2, 3, and 4 of this title, as amended and supplemented, and sections
461 to 467 of this title.
(e) Omitted
(f) Authorization of appropriation
There are authorized to be appropriated not to exceed $1,335,000 to
carry out the purposes of this section.
(Pub. L. 94-578, title III, Sec. 308, Oct. 21, 1976, 90 Stat. 2735; Pub.
L. 102-541, Sec. 3(a), Oct. 27, 1992, 106 Stat. 3565.)
Codification
Section is comprised of section 308 of Pub. L. 94-578. Subsec. (e)
of section 308 of Pub. L. 94-578 repealed sections 450b to 450e of this
title.
Amendments
1992--Subsec. (a). Pub. L. 102-541 substituted ``numbered 340/80,015
and dated June 1992,'' for ``numbered 340-20,000A, and dated September
1976,''.
Effective Date of 1992 Amendment
Section 3(a) of Pub. L. 102-541 provided in part: ``That this
subsection [amending this section] shall not be effective until the
lands included within the proposed new boundaries of the Appomattox
Court House National Historical Park pursuant to this Act [amending this
section and section 425k of this title and enacting provisions set out
as notes under this section and section 425k of this title] have been
donated to the Secretary of the Interior.'' [Lands included within
proposed new boundaries were donated on Sept. 14, 1993, and Sept. 15,
1993.]
Acquisition of Certain Lands by Donation Only
Section 3(b) of Pub. L. 102-541 provided that: ``Lands included
within the boundaries of the Appomattox Court House National Historical
Park pursuant to this section [amending this section and enacting
provisions set out above] may be acquired only by donation.''
