
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC159g]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
           SUBCHAPTER XVIII--SARATOGA NATIONAL HISTORICAL PARK
 
Sec. 159g. Acquisition of lands


(a) Manner; limitations

    Except as provided in subsection (b) of this section, within the 
boundary of the park, the Secretary of the Interior (hereinafter in this 
Act referred to as the ``Secretary''), is authorized to acquire lands 
and interests therein by donation, purchase with donated or appropriated 
funds, or exchange. Except for the tract identified on the aforesaid map 
as tract number 01-132, which was authorized to be acquired by section 
159e of this title, the Secretary may not acquire (except by donation) 
fee simple title to those lands depicted on the map as proposed for less 
than fee acquisition. The map shall be on file and available for public 
inspection in the office of the National Park Service, Department of the 
Interior.

(b) Conditions for forced sale; right of first refusal

    (1) Appropriated funds may not be used to acquire lands or interests 
therein within the park without the consent of the owner except when--
        (A) the Secretary determines that such owner is subjecting, or 
    is about to subject, the property to actions which would 
    significantly degrade its value as a component of the park; or
        (B) the owner fails to comply with the provisions of paragraph 
    (2).

The Secretary shall immediately notify the owner in writing of any 
determination under subparagraph (A). If the owner immediately ceases 
the activity subject to such notification, the Secretary shall attempt 
to negotiate a mutually satisfactory solution prior to exercising any 
authority provided by subsection (a) of this section.
    (2) If an owner of lands or interests therein within the park 
intends to transfer any such lands or interest to persons other than the 
owner's immediate family, the owner shall notify the Secretary in 
writing of such intention. Within forty-five days after receipt of such 
notice, the Secretary shall respond in writing as to his interest in 
exercising a right of first refusal to purchase fee title or lesser 
interests. If, within such forty-five days, the Secretary declines to 
respond in writing or expresses no interest in exercising such right, 
the owner may proceed to transfer such interests. If the Secretary 
responds in writing within such forty-five days and expresses an 
interest and intention to exercise a right of first refusal, the 
Secretary shall initiate an action to exercise such right within ninety 
days after the date of the Secretary's response. If the Secretary fails 
to initiate action to exercise such right within such ninety days, the 
owner may proceed to otherwise transfer such interests. As used in this 
subsection with respect to a property owner, the term ``immediate 
family'' means the spouse, brother, sister, parent, or child of such 
property owner. Such term includes a person bearing such relationships 
through adoption and a stepchild shall be treated as a natural born 
child for purposes of determining such relationship.

(c) Exception

    Subsection (b) of this section shall not apply with respect to tract 
number 01-142.

(d) Notification by owner of intended actions

    When an owner of property within the park desires to take an action 
with respect to his property, he shall request, in writing, a prompt 
written determination from the Secretary as to the likelihood of such 
action provoking a determination by the Secretary under the provisions 
of subsection (b)(1)(A) of this section. The Secretary is thereupon 
directed to promptly issue such owner a certificate of exemption from 
condemnation for such actions proposed by the owner which the Secretary 
determines to be compatible with the purposes of the park.

(e) Limited right of retention; calculation of payment

    (1) An owner of improved property which is used solely for 
noncommercial residential purposes, or for commercial agricultural 
purposes found to be compatible with the General Management Plan, on the 
date of its acquisition by the Secretary may retain, as a condition of 
such an acquisition, a right of use and occupancy of the property for 
such residential or agricultural purposes. The right retained may be for 
a definite term which shall not exceed twenty-five years, or in lieu 
thereof, for a term ending at the death of the owner. The Secretary 
shall pay to 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.
    (2) Except for tract number 01-142, paragraph (1) shall not apply to 
property which the Secretary determines to be necessary for the purposes 
of administration, development, access, or public use.

(f) Rapid acquisition

    Any owner of lands or interests therein within the park who desires 
to have such lands or interests acquired by the Secretary may notify the 
Secretary in writing of such desire. It is the intention of the Congress 
that, upon receipt of such notification, and on the condition that such 
acquisition will transpire at fair market value and in accordance with 
other conditions acceptable to the Secretary, the Secretary shall 
endeavor to acquire such lands or interests therein within six months of 
the date of receipt of such notice from the owner.

(Pub. L. 97-460, Sec. 2, Jan. 12, 1983, 96 Stat. 2520.)

                       References in Text

    This Act, referred to in subsec. (a), is Pub. L. 97-460, Jan. 12, 
1983, 96 Stat. 2520, which enacted sections 159f and 159g of this title, 
amended section 159d of this title, and enacted a provision set out as a 
note under section 159f of this title. For complete classification of 
this Act to the Code, see Tables.
