1. U.S. Code
  2. title 16
  3. chapter 1
  4. subchapter XVIII
  5. § 159g

Collapse to view only § 159g. Acquisition of lands

§ 159. Establishment; boundaries

When title to all the lands, structures, and other property in the area at Saratoga, New York, whereon was fought the Battle of Sara­toga during the War of the Revolution, shall have been vested in the United States, such area shall be, and it is, established, dedicated, and set apart as a public park for the benefit and inspiration of the people and shall be known as the Saratoga National Historical Park: Provided, That such area shall include that part of the Saratoga Battlefield now belonging to the State of New York and any additional lands in the immediate vicinity thereof which the Secretary of the Interior may, within six months after the approval of sections 159 to 159b of this title, designate as necessary or desirable for the purposes of sections 159 to 159b of this title.

(June 1, 1938, ch. 316, § 1, 52 Stat. 608.)

CITE AS: 16 USC 159

§ 159a. Acceptance of donations

The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property within the boundaries of said historical park as determined and fixed hereunder and donations of funds for the purchase or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States, out of any donated funds, by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of section 3113 of title 40, such tracts of land within the said historical park as may be necessary for the completion thereof.

(June 1, 1938, ch. 316, § 2, 52 Stat. 609.)

CITE AS: 16 USC 159a

§ 159b. Administration, protection, and development

The administration, protection, and development of the Saratoga National Historical Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled “An Act to establish a National Park Service, and for other purposes”,1

1 See References in Text note below.
as amended.

(June 1, 1938, ch. 316, § 3, 52 Stat. 609.)

CITE AS: 16 USC 159b

§ 159c. Completion of establishment

For the purpose of completing the establishment of Saratoga National Historical Park, and to provide adequately for its future development, all lands and other property which have been acquired by the Federal Government pursuant to sections 159 to 159b of this title are established as the Saratoga National Historical Park and shall be administered as provided in section 159b of this title.

(June 22, 1948, ch. 594, § 1, 62 Stat. 570.)

CITE AS: 16 USC 159c

§ 159d. Acceptance of General Philip Schuyler Mansion property

The Secretary of the Interior is authorized to accept all or any portion of the General Philip Schuyler Mansion property, real and personal, situated at Schuylerville, New York, comprising approximately fifty acres.

(June 22, 1948, ch. 594, § 2, 62 Stat. 571; Pub. L. 97–460, § 3, Jan. 12, 1983, 96 Stat. 2522.)

CITE AS: 16 USC 159d

§ 159e. Revision of boundary; additional acreage; authorization of appropriations
(a) The Secretary of the Interior is authorized to revise the boundary of the Saratoga National Historic Park to add approximately one hundred and forty-seven acres.
(b) For the purposes of acquiring land and interest in land added to the unit referred to in subsection (a) there are authorized to be appropriated from the Land and Water Conservation Fund such sums as may be necessary but not to exceed $74,000 for Saratoga National Historic Park.
(Pub. L. 96–199, title I, § 115, Mar. 5, 1980, 94 Stat. 71.)

CITE AS: 16 USC 159e

§ 159f. Enactment of revision

In order to preserve certain lands historically associated with the Battle of Saratoga and to facilitate the administration and interpretation of the Saratoga National Historical Park (hereinafter in this Act referred to as “the park”), the boundary of the park is hereby revised to include the area generally depicted on the map entitled “Saratoga National Historical Park”, numbered 80,001, and dated March 23, 1979.

(Pub. L. 97–460, § 1, Jan. 12, 1983, 96 Stat. 2520.)

CITE AS: 16 USC 159f

§ 159g. Acquisition of lands
(a) Manner; limitations
(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
(d) Notification by owner of intended actions
(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
(Pub. L. 97–460, § 2, Jan. 12, 1983, 96 Stat. 2520.)

CITE AS: 16 USC 159g