16 U.S.C. § 426n: Boundary revision of Stones…

Summary

Adds land to Stones River National Battlefield by changing its boundary to match the map titled "Boundary Map, Stones River National Battlefield," number 327/80,004B, dated November 1991. That map is kept on file at the National Park Service and at the battlefield superintendent’s office. The Secretary of the Interior may get land inside the new boundary by donation, by purchase with donated or appropriated money, or by exchange. Land owned by the State of Tennessee or its local governments can only be taken by donation. Land acquired this way becomes part of the battlefield and follows the same rules as the rest of it. Before buying land that has been badly disturbed or that might contain hazardous substances, the Secretary must prepare a report on the hazards, cleanup costs, and a cleanup plan and send it 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. The Secretary must not acquire land that is contaminated with hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601). Owners of improved, noncommercial year‑round homes (built before December 11, 1991) may keep a right to live there for up to 25 years or for life (owner or spouse). The owner chooses the term and is paid the fair market value minus the value of that retained right. The occupancy right can be transferred but is subject to conditions and can be ended by the Secretary if conditions are broken, with payment for the remaining value. This occupancy rule applies only to adult owners.

Title 16, §426n

Conservation, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in subsec. (b)(2)(B), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 9601 of Title 42 and Tables.

Amendments

1994—Subsec. (b)(2)(A). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”. 1991—Subsec. (a). Pub. L. 102–225, § 1(1), substituted “numbered 327/80,004B, and dated November 1991” for “numbered 327/80,001, and dated March 1987”. Subsec. (b). Pub. L. 102–225, § 1(2), designated existing provisions as par. (1) and added pars. (2) and (3).

§426n Boundary Revision of Stones River National Battlefield