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Appendix 3
Public Law 96-442,
96th Congress, 2 Session
An Act to amend the Act entitled "An Act to preserve
within Manassas National Battlefield Park, Virginia, the most important
historic properties relating to the battle of Manassas, and for other
purposes," approved April 17, 1954 (68 Stat. 56; 16 U.S.C. 429b).
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
That this Act may be cited as the Manassas National Battlefield Park
Amendments of 1980."
SEC. 2. The Act entitled "An Act to preserve within
the Manassas National Battlefield Park, Virginia, the most important
historic properties relating to the battle of Manassas, and for other
purposes," approved April 17, 1954 (16 U.S.C. 429b), is amended to read
as follows: "That there is established as a unit of the national park
system in the Commonwealth of Virginia the Manassas National Battlefield
Park, which shall contain within its boundaries the important historical
lands relating to the two battles of Manassas. The total area of the
park shall not be greater than four thousand five hundred and
twenty-five acres. The boundaries of the park shall be the boundaries
depicted on the map entitled 'Boundary Map, Manassas National
Battlefield Park,' dated October 1980, and numbered 379/80,009, which
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior. The Secretary
shall publish in the Federal Register, as soon as practicable after the
date of the enactment of this Act, but no later than one year from the
effective date of this section, a detailed description and map of the
boundaries. Notwithstanding section 7(c) of the Land and
Water Conservation Fund Act of 1965 (91 Stat. 211), as amended (16
U.S.C. 4601), the Secretary may not make any changes in the boundaries
of the park. The Secretary shall administer the park in accordance with
laws, rules, and regulations applicable to the national park system.
"SEC. 2. (a) In order to effectuate the purposes of
this Act, the Secretary is authorized to acquire by donation, purchase
with donated or appropriated funds or exchange, any property or
interests therein which are located within the boundaries of the park,
except that property owned by the Commonwealth of Virginia or by any
political subdivision thereof maybe acquired only by donation.
"(b) With respect to areas within the 1954 boundaries
of the park, as identified on the map referred to in the first section
of this Act, the Secretary may not acquire fee simple title to such
areas without the consent of the owner so long as the lands continue to
be devoted to a use which is the same as that in effect on September 1,
1980. Further, if the Secretary proposes to acquire fee simple title to
such property because of a change in use, the owner of such property
may seek a review of the proposed acquisition of his or her property and
is entitled to a hearing on the record in accordance with section 554 of
title 5 of the United States Code.
"(c) If the Virginia Department of Highways and
Transportation determines that the proposed Route 234 bypass should be
properly located between the Virginia Electric Power Company powerline
easement and Route 705, the Secretary shall make available the land
necessary for such bypass, subject to such revisions, terms, and
conditions as the Secretary deems are necessary and appropriate to
assure that such bypass is located, constructed, operated, and maintained
in a manner consistent with the administration of the park.
"(d) The Secretary may not close any State roads
within the park unless action permitting the closing of such roads has
been taken by appropriate officials of the Commonwealth of Virginia.
"SEC. 3. (a) Subsequent to the date of enactment of
this section, the owner of improved property on the date of its
acquisition by the Secretary may, as a condition of such acquisition,
retain for himself and his heirs and assigns a right of use and
occupancy of the improved property 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 or the death of the spouse of the
owner, whichever is later. The owner shall elect the term to be
reserved. Unless this property is wholly or partially donated to the
United States, the Secretary shall pay the owner an amount equal to the
fair market value of the property on the date of its acquisition less
the value on such date of the right retained by the owner. If such
property is donated (in whole or in part) to the United States, the
Secretary may pay to the owner such lesser amount as the owner may agree
to. A right retained pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is being
exercised in a manner inconsistent with the purposes of this Act, and it
shall terminate by operation of law upon the Secretary's notifying the
holder of the right of such determination and tendering to him an amount
equal to the fair market value of that portion of the right which
remains unexpired.
"(b) No property owner who elects to retain a right
of use and occupancy under this section shall he considered a displaced
person as defined in section 101(6) of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat.
1894). Such owners shall be considered to have waived any benefits which
would otherwise accrue to them under sections 203 through 206 of such
Act.
"SEC. 4. For purposes of this Act "(1) The term
'improved property' means a detached, one-family dwelling, construction
of which was begun before January 1, 1979, which is used for non-commercial
residential purposes, together with not to exceed three acres
of land on which the dwelling is situated and together with such
additional lands or interests therein as the Secretary deems to be
reasonably necessary for access thereto, such lands being in the same
ownership as the dwelling, together with any structures accessory to
the dwelling which are situated on such land.
"(2) The term 'park' means the Manassas National
Battlefield Park established under this Act.
"(3) The term 'Secretary' means the Secretary of the
Interior.
"(4) The term 'owner' means the owner of record as of
September 1, 1980.
"SEC. 5. (a) In addition to sums heretofore expended
for the acquisition of property and interests therein for the park,
from funds available for expenditure from the Land and Water
Conservation Fund, as established under the Land and Water Conservation
Fund Act of 1965, not more than a total of $8,700,000 may be expended
for the acquisition of property and interests therein under this
Act.
"(b) It is the express intent of Congress that,
except for property referred to in subsection 2(b), the Secretary shall
acquire property and interests therein under this Act within two
complete fiscal years after the date of the enactment of the Manassas
National Battlefield Park Amendments of 1980.
"SEC. 6. (a) Authorizations of moneys to be
appropriated under this Act from the Land and Water Conservation Fund
for acquisition of properties and interests shall be effective on
October 1, 1981.
"(b) Notwithstanding any other provision of this Act,
authority to enter into contracts, to incur obligations, or to make
payments under this Act shall be effective only to the extent, and in
such amounts as are provided in advance in appropriation Acts."
SEC. 3. (a) The Secretary of the Interior shall
conduct a study to determine appropriate measures for the protection,
interpretation, and public use of the natural wetlands and undeveloped
uplands of that portion of the Hackensack Meadowlands District
identified as the DeKorte State Park on the official zoning maps of that
District. The Secretary shall, in the course of the study, consult with
and seek the advice of, representatives of interested local, State, and
other Federal agencies. As a part of the study, the Secretary shall
determine the suitability and feasibility of establishing the area as a
unit of the national park system, including its administration as a unit
of Gateway National Recreation Area, together with alternative measures
that may be undertaken to protect and interpret the resources of the
area for the public. Not later than two complete fiscal years from the
effective date of this Act, the Secretary shall transmit a report of the
study, including the estimated development, operation, and maintenance
costs of alternatives identified therein, to the Senate Committee on
Energy and Natural Resources and the Committee on Interior and Insular
Affairs of the House of Representatives, together with his
recommendations for such further legislation as may be appropriate.
(b) There is authorized to be appropriated from
amounts previously authorized to study lands for possible inclusion in
the national park system not to exceed $150,000 to carry out the
provisions of this Act.
Approved October 13, 1980.
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