---
kind: "range"
citation: "16 U.S.C. §§ 425k–425o"
title: "16"
from: "425k"
to: "425o"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/16/425k..425o"
---

# §425k. Revision of park boundaries

- (a) **Boundary revision—** In furtherance of the purposes of [sections 425 to 425j](/usc/16/425..425j.md) of this title, the Fredericksburg and Spotsylvania County Battlefields [Memorial](/usc/16/450ss–1.md?p=2) National Military [Park](/usc/16/410r–5.md?p=c-3) (hereinafter in [sections 425k to 425o](/usc/16/425k..425o.md) of this title referred to as the “[park](/usc/16/410r–5.md?p=c-3)”) shall hereafter comprise the lands and interests in lands within the boundary generally depicted as “Proposed [Park](/usc/16/410r–5.md?p=c-3) Boundary” on the [maps](/usc/16/430f–7.md?p=1) entitled “Fredericksburg and Spotsylvania National Military [Park](/usc/16/410r–5.md?p=c-3)”, numbered 326–40075D/89, 326–40074E/89, 326–40069B/89, 326–40070D/89, 326–40071C/89, 326–40076A/89, and 326–40073D/89, and dated June 1989, and the [map](/usc/16/430f–7.md?p=1) entitled “Fredericksburg and Spotsylvania National Military [Park](/usc/16/410r–5.md?p=c-3),” numbered 326–40072E/89/A and dated September 1990. The [maps](/usc/16/430f–7.md?p=1) shall be on file and available for public inspection in the Office of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior.
- (b) **Excluded lands—** Lands and interests in lands within the boundary depicted on the [maps](/usc/16/430f–7.md?p=1) referred to in [subsection (a)](#a) as “Existing [Park](/usc/16/410r–5.md?p=c-3) Boundary” but outside of the boundary depicted as “Proposed [Park](/usc/16/410r–5.md?p=c-3) Boundary” are hereby excluded from the [park](/usc/16/410r–5.md?p=c-3), in accordance with the provisions of [section 425l(b)](/usc/16/425l.md?p=b) of this title. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) may relinquish to the Commonwealth of Virginia exclusive or concurrent legislative jurisdiction over lands excluded from the [park](/usc/16/410r–5.md?p=c-3) by this section by filing with the Governor a notice of relinquishment. Such relinquishment shall take effect upon acceptance thereof, or as the laws of the Commonwealth may otherwise provide.

# §425l. Acquisitions and conveyances

- (a) **Acquisition—**
  - (1) Except as provided in [paragraph (2)](#a-2), the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) lands and interests in lands within the [park](/usc/16/410r–5.md?p=c-3), by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2) or by exchange.
  - (2) The lands designated “P04–04” on the [map](/usc/16/430f–7.md?p=1) referred to in [section 425k(a) of this title](/usc/16/425k.md?p=a) 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](/usc/16/430f–7.md?p=1) may be acquired only by donation, purchase from willing sellers, or exchange.
- (b) **Conveyance of lands excluded from park—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, in accordance with applicable existing law, to exchange [Federal lands](/usc/16/620e.md?p=2) and interests excluded from the [park](/usc/16/410r–5.md?p=c-3) pursuant to [section 425k(b) of this title](/usc/16/425k.md?p=b) for the purpose of acquiring lands within the [park](/usc/16/410r–5.md?p=c-3) boundary.
  - (2) If any such [Federal lands](/usc/16/620e.md?p=2) or interests are not exchanged within five years after December 11, 1989, the [Secretary](/usc/16/410r–5.md?p=c-1) may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe, but any such conveyance shall be at not less than the [fair market value](/usc/16/459b–1.md?p=e) of the land or interest, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (3) All [Federal lands](/usc/16/620e.md?p=2) 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](/usc/16/410r–5.md?p=c-1), 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](/usc/16/620e.md?p=1) lands and interests within the [park](/usc/16/410r–5.md?p=c-3).
- (c) **Alternative access—** In order to facilitate the [acquisition](/usc/16/620e.md?p=1) by the United States of existing easements or rights of access across [Federal lands](/usc/16/620e.md?p=2) within the [park](/usc/16/410r–5.md?p=c-3) and to provide the [owners](/usc/16/429b–3.md?p=4) of such easements or rights of access with alternative rights of access across nonpark lands, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1), by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), or exchange, interests in land of similar estate across lands which are not within the [park](/usc/16/410r–5.md?p=c-3). With or without the acceptance of payment of cash to equalize the values of the properties, the [Secretary](/usc/16/410r–5.md?p=c-1) may convey such nonpark lands or interests in lands to the holders of such existing easements or rights of access across [Federal lands](/usc/16/620e.md?p=2) within the [park](/usc/16/410r–5.md?p=c-3) in exchange for their conveyance to the United States of such easements or rights. Nothing in [sections 425k to 425o](/usc/16/425k..425o.md) of this title shall prohibit the [Secretary](/usc/16/410r–5.md?p=c-1) from acquiring any outstanding easements or rights of access across [Federal lands](/usc/16/620e.md?p=2) by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2) or by exchange.
- (d) **Conservation easements—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to accept donations of [conservation](/usc/16/6456.md?p=2) easements on lands adjacent to the [park](/usc/16/410r–5.md?p=c-3). Such [conservation](/usc/16/6456.md?p=2) easements shall have the effect of protecting the scenic and historic [resources](/usc/16/410hhh–1.md?p=8) on [park](/usc/16/410r–5.md?p=c-3) lands and the adjacent lands or preserving the undeveloped or historic appearance of the [park](/usc/16/410r–5.md?p=c-3) when viewed from within or without the [park](/usc/16/410r–5.md?p=c-3).
- (e) **Other provisions—** Within the [area](/usc/16/539m–1.md?p=1-A) bounded by the Orange Turnpike, the Orange Plank Road, and McLaws Drive no [improved property](/usc/16/251h.md?p=2) (as defined in [section 425m of this title](/usc/16/425m.md)) may be acquired without the consent of the [owner](/usc/16/429b–3.md?p=4) thereof unless the [Secretary](/usc/16/410r–5.md?p=c-1) determines that, in his judgment, the property is subject to, or threatened with, [uses](/usc/16/410hhh–1.md?p=10) which are having, or would have, an adverse impact on the [park](/usc/16/410r–5.md?p=c-3).

# §425m. Retained rights

- (a) **Retention of use and occupancy—** With the exception of property which the [Secretary](/usc/16/410r–5.md?p=c-1) determines is necessary for development or public use, the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of [improved property](#c) acquired pursuant to [sections 425k to 425o](/usc/16/425k..425o.md) of this title may retain a right of use and occupancy of such [improved property](#c) for noncommercial residential purposes for a definite term of not more than twenty-five years, or for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the [owner](/usc/16/429b–3.md?p=4)’s spouse. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved, except that if the [owner](/usc/16/429b–3.md?p=4) is a corporation, [trust](/usc/16/450ss–1.md?p=4), [partnership](/usc/16/8202.md?p=7), or any entity other than an individual, the term shall not exceed twenty-five years. Ownership shall be determined as of June 1, 1989. Unless the property is wholly or partially donated, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the [fair market value](/usc/16/459b–1.md?p=e) of the property on the date of such [acquisition](/usc/16/620e.md?p=1), less the [fair market value](/usc/16/459b–1.md?p=e) of the right retained by the [owner](/usc/16/429b–3.md?p=4).
- (b) **Terms and conditions—** Any rights retained pursuant to this section shall be subject to such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe and may be terminated by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination and after reasonable notice to the [owner](/usc/16/429b–3.md?p=4) thereof that such property is being used for any purpose which is incompatible with the administration, protection, or public use of the [park](/usc/16/410r–5.md?p=c-3). Such right shall terminate by operation of law upon notification of the [owner](/usc/16/429b–3.md?p=4) by the [Secretary](/usc/16/410r–5.md?p=c-1) and tendering to the [owner](/usc/16/429b–3.md?p=4) an amount equal to the [fair market value](/usc/16/459b–1.md?p=e) of that portion of the right which remains unexpired.
- (c) **“Improved property” defined—** As used in this section, the term “improved property” means a year-round noncommercial single-family dwelling together with such land, in the same ownership as the dwelling, as the [Secretary](/usc/16/410r–5.md?p=c-1) determines is reasonably necessary for the enjoyment of the dwelling for single-family residential use.

# §425n. Interpretation


In administering the [park](/usc/16/410r–5.md?p=c-3), the [Secretary](/usc/16/410r–5.md?p=c-1) shall take such action as is necessary and appropriate to interpret, for the benefit of visitors to the [park](/usc/16/410r–5.md?p=c-3) and the general public, the battles of Fredericksburg, Chancellorsville, Spotsylvania Courthouse, and the [Wilderness](/usc/16/460mmm–1.md?p=6) in the larger context of the Civil War and American history, including the causes and consequences of the Civil War and including the effects of the war on all the American people, especially on the American South.


# §425o. Authorization of appropriations


There are authorized to be appropriated such sums as may be necessary to carry out the purposes of [sections 425k to 425o](/usc/16/425k..425o.md) of this title.