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16 U.S.C. § 410aa–1Lands and property

submitted 50 years ago by Pub. L. 94-337 to r/title-16-CONSERVATION · 514 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets Valley Forge National Historical Park's boundaries and lets the Secretary buy land inside them. Owners of improved property may keep living there for up to 25 years, or until they or their spouse dies, and get paid the property's value minus that right's worth.

(a) Boundaries; inspection of map. The park covers the area shown on a 1979 map called "Valley Forge National Historical Park," kept on file at National Park Service offices. After telling the relevant Senate and House committees in writing, the Secretary can make minor boundary changes by publishing a revised map or description in the Federal Register. (b) Acquisition of lands. Inside the park boundaries, the Secretary may acquire land by donation, purchase (with donated or appropriated money), exchange, or transfer. Property owned by Pennsylvania or one of its local governments can only be acquired by donation, and that donation can't take effect before October 1, 1976. (c) Reservation of rights by grantors; compensation for land. Unless the Secretary decides the property is needed for visitor facilities, access, or park administration, an owner of "improved property" (defined in (e)) may, when their property is acquired, keep the right to live there for noncommercial residential use. The owner chooses either a fixed term of up to 25 years, or a term that ends when the owner or their spouse dies, whichever comes later. Unless the property is wholly or partly donated, the Secretary must pay the owner the property's fair market value on the acquisition date, minus the value of the right the owner keeps. (d) Termination of grantor's rights. The Secretary can end an owner's retained right to use and occupy the property if the Secretary decides it's being used in a way that conflicts with the park's purposes. The Secretary must then pay the owner the fair market value of whatever time was left on that right. (e) "Improved property" defined. This means a detached, noncommercial residential home ("dwelling") whose construction began before January 1, 1975, plus as much of the surrounding land — under the same ownership — as the Secretary decides is reasonably needed to enjoy the home for noncommercial residential use, plus any accessory structures on that designated land.
the actual law source: uscode.house.gov ↗public domain
(a) Boundaries; inspection of map

The park shall comprise the area generally depicted on the map entitled “Valley Forge National Historical Park”, dated June 1979, and numbered VF–91,001, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and in the offices of the superintendent of the park. After advising the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, in writing, the Secretary may make minor revisions of the boundaries of the park when necessary by publication of a revised map or other boundary description in the Federal Register.

(b) Acquisition of lands

Within the boundaries of the park, the Secretary may acquire lands and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any property owned by the Commonwealth of Pennsylvania or any political subdivision thereof may be acquired only by donation. The effective date of such donation shall not be prior to October 1, 1976.

(c) Reservation of rights by grantors; compensation for land

Except for property deemed by the Secretary to be essential for visitor facilities, or for access to or administration of the park, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his or her spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner.

(d) Termination of grantor’s rights

The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this subchapter, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.

(e) “Improved property” defined

The term “improved property”, as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1975 (hereafter referred to as “dwelling”), together with so much of the land on which the dwelling is situated, the said 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. 94–337, § 2, July 4, 1976, 90 Stat. 796; Pub. L. 96–287, title III, § 301(1), June 28, 1980, 94 Stat. 601; Pub. L. 103–437, § 6(a)(3), Nov. 2, 1994, 108 Stat. 4583.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-337 · 90 Stat. 796
  • 1980Amended · Pub. L. 96-287 · 94 Stat. 601
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4583

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-337 on 1976-07-04.

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