16 U.S.C. § 426n — Boundary revision of Stones River National Battlefield

submitted 39 years ago by Pub. L. 100-205 to r/title-16-CONSERVATION · 726 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Stones River battlefield's boundary is expanded to match a specific 1991 map, available for public viewing. The Secretary of the Interior may buy or accept donated land inside that boundary, but not contaminated land. Residents who sell their home to the government may keep living there for a set term.

(a) Expansion of Stones River National Battlefield. The battlefield's boundary is revised to include the land shown on the map titled "Boundary Map, Stones River National Battlefield," numbered 327/80,004B and dated November 1991. That map is kept on file for public inspection at the National Park Service offices and at the battlefield superintendent's office. (b) Acquisition of lands. (1) The Secretary of the Interior may acquire land or interests in land within the battlefield boundary by donation, purchase (using donated or appropriated money), or exchange. Land owned by the State of Tennessee or a local government there can only be acquired by donation. Any land acquired under sections 426n through 426p becomes part of the battlefield, subject to all the usual laws and rules. (2) Before buying land whose surface has been substantially disturbed, or that the Secretary believes may contain hazardous substances, the Secretary must first prepare a report on the potential hazardous substances, the estimated cost of restoring the land, and a plan for the remedial work needed to acquire it responsibly. That report goes to the Senate Energy and Natural Resources Committee and the House Natural Resources Committee. The Secretary may not acquire land under sections 426n through 426p if the Secretary determines it — or any part of it — has become contaminated with hazardous substances as defined under the federal Superfund law. (3) An owner of improved property used only for noncommercial residential purposes, at the time the Secretary acquires it, may keep a right to use and live on the property, unless the Secretary decides the property is needed for administration, development, access, or public use. This retained right lasts for a fixed term of up to 25 years, or, if the owner chooses instead, until the owner or the owner's spouse dies, whichever is later — the owner picks which option. The Secretary pays the owner the property's fair market value on the acquisition date, minus the value of the retained right. That retained right can be sold or transferred while it lasts, but it stays subject to whatever conditions the Secretary sets to ensure the property is used consistently with the purposes of sections 426n through 426p. If the Secretary later decides the property is no longer being used that way, the Secretary may end the retained right by paying the holder the fair market value of whatever time was left on it. This right-of-occupancy option applies only to owners who have reached the age of majority. "Improved property" means a detached, year-round noncommercial home whose construction began before December 11, 1991, together with the land the Secretary designates as reasonably needed to enjoy the home for noncommercial residential use, and any accessory structures on that land.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Pub. L. 100–205, § 1, Dec. 23, 1987, 101 Stat. 1433; Pub. L. 102–225, § 1(1), (2), Dec. 11, 1991, 105 Stat. 1682; Pub. L. 103–437, § 6(d)(15), Nov. 2, 1994, 108 Stat. 4584.)

history & why it existsrecord from the source credit

1987Enacted · Pub. L. 100-205 · 101 Stat. 1433
1991Amended · Pub. L. 102-225 · 105 Stat. 1682
1994Amended · Pub. L. 103-437 · 108 Stat. 4584

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-205 on 1987-12-23.

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