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16 U.S.C. § 425lAcquisitions and conveyances

submitted 37 years ago by Pub. L. 101-214 to r/title-16-CONSERVATION · 567 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Interior Secretary buy, exchange, or accept donations of land to fill out the redrawn park boundary. Land excluded from the park can be sold or swapped, with proceeds going toward buying park land. The Secretary can also accept conservation easements on nearby land.

(a) Acquisition. Except as described in paragraph (2), the Secretary may acquire land and land interests within the park by donation, by purchase with donated or appropriated funds, or by exchange. Land marked "P04-04" on the September 1990 map referenced in section 425k(a) may only be acquired by donation. Land marked "P04-01," "P04-02," and "P04-03" on that map may only be acquired by donation, purchase from willing sellers, or exchange. (b) Conveyance of lands excluded from park. Following existing law, the Secretary may exchange federal land and interests that got excluded from the park under section 425k(b), in order to acquire land within the new park boundary. If any of that excluded federal land or interest isn't exchanged within five years after December 11, 1989, the Secretary may sell it to the highest bidder, under rules the Secretary sets — but the sale price can never be less than the land's fair market value, as the Secretary determines it. Any land sold or exchanged this way must come with terms and conditions that, in the Secretary's judgment, will protect the battlefield's setting. Despite any other law, the net proceeds from these sales or exchanges must go — subject to available appropriations — toward buying land and interests within the park. (c) Alternative access. To help the United States acquire existing easements or access rights across federal park land, and to give the holders of those rights alternative access across non-park land, the Secretary may acquire — by donation, purchase with donated or appropriated funds, or exchange — similar land interests outside the park. The Secretary may then trade that non-park land or interest to the holders of the existing park easements or access rights, in exchange for them giving up their rights to the United States, with or without an extra cash payment to balance the property values. Nothing here stops the Secretary from acquiring outstanding access rights across federal park land by donation, purchase, or exchange in the ordinary way. (d) Conservation easements. The Secretary may accept donated conservation easements on land next to the park. These easements must protect the scenic and historic resources on both the park land and the adjacent land, or preserve the undeveloped or historic look of the park as seen from inside or outside it. (e) Other provisions. Within the area bounded by the Orange Turnpike, the Orange Plank Road, and McLaws Drive, the Secretary may not acquire any "improved property" (as section 425m defines it) without the owner's consent — unless the Secretary decides the property is being used, or is threatened with being used, in a way that's harming or would harm the park.
the actual law source: uscode.house.gov ↗public domain
(a) Acquisition
(1)

Except as provided in paragraph (2), the Secretary is authorized to acquire lands and interests in lands within the park, by donation, purchase with donated or appropriated funds or by exchange.

(2)

The lands designated “P04–04” on the map referred to in section 425k(a) of this title numbered 326–40072E/89/A and dated September 1990 may be acquired only by donation, and the lands designated “P04–01”, “P04–02”, and “P04–03” on such map may be acquired only by donation, purchase from willing sellers, or exchange.

(b) Conveyance of lands excluded from park
(1)

The Secretary is authorized, in accordance with applicable existing law, to exchange Federal lands and interests excluded from the park pursuant to section 425k(b) of this title for the purpose of acquiring lands within the park boundary.

(2)

If any such Federal lands or interests are not exchanged within five years after December 11, 1989, the Secretary may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the Secretary may prescribe, but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the Secretary.

(3)

All Federal lands and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the Secretary, will protect the battlefield setting. Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to acquire lands and interests within the park.

(c) Alternative access

In order to facilitate the acquisition by the United States of existing easements or rights of access across Federal lands within the park and to provide the owners of such easements or rights of access with alternative rights of access across nonpark lands, the Secretary may acquire, by donation, purchase with donated or appropriated funds, or exchange, interests in land of similar estate across lands which are not within the park. With or without the acceptance of payment of cash to equalize the values of the properties, the Secretary may convey such nonpark lands or interests in lands to the holders of such existing easements or rights of access across Federal lands within the park in exchange for their conveyance to the United States of such easements or rights. Nothing in sections 425k to 425o of this title shall prohibit the Secretary from acquiring any outstanding easements or rights of access across Federal lands by donation, purchase with donated or appropriated funds or by exchange.

(d) Conservation easements

The Secretary is authorized to accept donations of conservation easements on lands adjacent to the park. Such conservation easements shall have the effect of protecting the scenic and historic resources on park lands and the adjacent lands or preserving the undeveloped or historic appearance of the park when viewed from within or without the park.

(e) Other provisions

Within the area bounded by the Orange Turnpike, the Orange Plank Road, and McLaws Drive no improved property (as defined in section 425m of this title) may be acquired without the consent of the owner thereof unless the Secretary determines that, in his judgment, the property is subject to, or threatened with, uses which are having, or would have, an adverse impact on the park.

Source credit: (Pub. L. 101–214, § 3, Dec. 11, 1989, 103 Stat. 1849; Pub. L. 106–150, § 1(b)(1), Dec. 9, 1999, 113 Stat. 1730.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 101-214 · 103 Stat. 1849
  • 1999Amended · Pub. L. 106-150 · 113 Stat. 1730

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-214 on 1989-12-11.

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