§450e–1 — Title 16 Conservation | U.S. Code

Summary

Establishes the park boundary shown on the map titled “Boundary Map, Appomattox Court House National Historical Park,” number 340/80,015, dated June 1992, which is kept at the National Park Service. The Secretary may get land inside that boundary by donation, by buying it with donated or appropriated money, or by exchange. Land owned by the State of Virginia or its local governments can only be accepted as a donation. The Secretary must run the park under the laws of August 25, 1916, and August 21, 1935, as changed later. Up to $1,335,000 is authorized to carry out these purposes. An owner of an improved property at the time the Secretary acquires it may keep a noncommercial residential right to live there for a chosen term of up to 25 years or until the death of the owner or the owner’s spouse, whichever is later. If the property is not donated, the Secretary pays fair market value minus the value of the kept right. The Secretary can end that right if it is used against the park’s purposes and must notify the holder and pay the remaining value. Improved property means a detached single-family house started before June 8, 1976, used as a home, with nearby land needed for access and any accessory buildings. An owner who keeps this right gives up benefits under 42 U.S.C. 4623, 4624, 4625, and 4626 and is not considered a “displaced person” under 42 U.S.C. 4601(6).

Title 16, §450e–1

Conservation — Source: USLM XML via OLRC

(a)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)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)(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 section 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)The Secretary shall administer the park in accordance with the Acts of August 25, 1916 (39 Stat. 535),11 See References in Text note below. as amended and supplemented, and August 21, 1935 (49 Stat. 666) 1 as amended.

(e)

(f)There are authorized to be appropriated not to exceed $1,335,000 to carry out the purposes of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of

August 25, 1916 (39 Stat. 535), referred to in subsec. (d), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Act of

August 21, 1935 (49 Stat. 666), referred to in subsec. (d), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and section 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. 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,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 Amendment Pub. L. 102–541, § 3(a), Oct. 27, 1992, 106 Stat. 3565, 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 Pub. L. 102–541, § 3(b), Oct. 27, 1992, 106 Stat. 3566, 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.”

§450e–1 Appomattox Court House National Historical Park