16 U.S.C. § 430oo: Acquisition of lands for…

Summary

The Secretary of the Interior may buy land, take land rights, and make use agreements with landowners and their heirs if needed to preserve, protect, and improve the Antietam Battlefield, about 1,800 acres in Maryland, and U.S. property there. The goal is to give the public a full, unblocked view and to keep or restore the site (except areas with public buildings, monuments, and the Antietam National Cemetery) to how it was at the time of the battle. These purchases may be made without following the limit in the proviso of section 430nn.

Title 16, §430oo

Conservation, Source: USLM XML via OLRC

The Secretary of the Interior is authorized to acquire such lands and interests in land and to enter into such agreements with the owners of land on behalf of themselves, their heirs and assigns with respect to the use thereof as the Secretary finds necessary to preserve, protect and improve the Antietam Battlefield comprising approximately 1,800 acres in the State of Maryland and the property of the United States thereon, to assure the public a full and unimpeded view thereof, and to provide for the maintenance of the site (other than those portions thereof which are occupied by public buildings and monuments and the Antietam National Cemetery) in, or its restoration to, substantially the condition in which it was at the time of the battle of Antietam. Any acquisition authorized by this section may be made without regard to the limitation set forth in the proviso contained in section 430nn of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–528 struck out after first sentence “Not more than 600 acres of land, however, shall be acquired in fee by purchase or condemnation, but neither this limitation nor any other provision of law shall preclude such acquisition of the fee title to other lands and its immediate reconveyance to the former owner with such covenants, restrictions, or conditions as will accomplish the purposes of this section: Provided, That the cost to the Government of any such transaction shall not exceed the reasonable value of the covenants, restrictions, or conditions thereby imposed on the property.” 1975—Pub. L. 93–608 struck out requirement that Secretary report to Congress at least once each year on any acquisition made or agreement entered into under provisions of this section.

Statutory Notes and Related Subsidiaries

Scenic Easements; Acquisition Pub. L. 95–625, title III, § 319(a), Nov. 10, 1978, 92 Stat. 3488, as amended by Pub. L. 100–528, § 1(b), Oct, 25, 1988, 102 Stat. 2649, provided that: “In furtherance of the purposes of the Act entitled ‘An Act to provide for the protection and preservation of the Antietam Battlefield in the State of Maryland’, approved April 22, 1960 (74 Stat. 79) [this section], and other Acts relative thereto [see section 430nn of this title], the Secretary is hereby authorized to acquire the additional lands generally depicted on the map entitled ‘Boundary Map, Antietam National Battlefield, Washington County, Maryland,’ numbered 302–80.005–A and dated June 1977.”

§430oo Acquisition of Lands for Preservation, Protection and Improvement; Limitation