16 U.S.C. § 425l : US Code - Section 425L: Acquisitions and conveyances

Search 16 U.S.C. § 425l : US Code - Section 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.