§425l — Title 16 Conservation | U.S. Code

Summary

The Secretary can buy, accept as gifts, or trade for land and land rights inside the park. Lands shown as “P04–04” on the map numbered 326–40072E/89/A dated September 1990 can only be taken by donation. Lands labeled “P04–01”, “P04–02”, and “P04–03” on that map can only be taken by donation, purchase from willing sellers, or exchange. The Secretary may trade federal lands outside the park for park lands. If certain federal lands are not traded within five years after December 11, 1989, the Secretary may sell them to the highest bidder for no less than their fair market value, and sales or trades must include conditions to protect the battlefield setting. Net proceeds from those sales or trades, subject to appropriations, must be used to buy park lands. The Secretary can also acquire or swap access rights and easements, and can accept donated conservation easements on land next to the park to protect views and historic character. Inside the area bounded by the Orange Turnpike, Orange Plank Road, and McLaws Drive, improved property cannot be taken without the owner’s consent unless the Secretary finds harmful uses threaten the park.

Title 16, §425l

Conservation — Source: USLM XML via OLRC

(a)(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)(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)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)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)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.

Editorial Notes

Amendments

1999—Subsec. (a). Pub. L. 106–150 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, and added par. (2).

§425l Acquisitions and Conveyances

Summary

Title 16, §425l

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata