
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: 16USC425l]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                 SUBCHAPTER LX--NATIONAL MILITARY PARKS
 
Sec. 425l. Acquisitions and conveyances


(a) Acquisition

    (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) Conveyance of lands excluded from park

    (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) Alternative access

    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) Conservation easements

    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) Other provisions

    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.

(Pub. L. 101-214, Sec. 3, Dec. 11, 1989, 103 Stat. 1849; Pub. L. 106-
150, Sec. 1(b)(1), Dec. 9, 1999, 113 Stat. 1730.)


                               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).

                  Section Referred to in Other Sections

    This section is referred to in sections 425k, 425m, 425o of this 
title.
