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Appendix 4
Public Law 100-647,
100th Congress, 2d Session
Title XManassas National Battlefield Park
SEC. 10001. SHORT TITLE
This title may be cited as the Manassas National
Battlefield Park Amendments of 1988."
SEC. 10002. ADDITION TO MANASSAS NATIONAL BATTLEFIELD
PARK.
The first section of 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 (16 U.S.C. 429b), is
amended
(1) by inserting "(a)" after "That"; and
(2) by adding at the end thereof the following:
"(b) (1) In addition to subsection (a), the
boundaries of the park shall include the area, comprising approximately
600 acres, which is south of U.S. Route 29, north of Interstate Route
66, east of Route 705, and west of Route 622. Such area shall hereafter
in this Act be referred to as the 'Addition.'
"(2) (A) Notwithstanding any other provision of law,
effective on the date of enactment of the Manassas National Battlefield
Park Amendments of 1988, there is hereby vested in the United States all
right, title, and interest in and to, and the right to immediate
possession of, all the real property within the Addition.
"(B) The United States shall pay just compensation to
the owners of any property taken pursuant to this paragraph and the full
faith and credit of the United States is hereby pledged to the payment
of any judgment entered against the United States with respect to the
taking of such property. Payment shall be in the amount of the agreed
negotiated value of such property or the valuation of such property
awarded by judgment and shall be made from the permanent judgment
appropriation established pursuant to 31 U.S.C. 1304. Such payment
shall include interest on the value of such property which shall be
compounded quarterly and computed at the rate applicable for the period
involved, as determined by the Secretary of the Treasury on the basis of
the current average market yield on outstanding marketable obligations
of the United States of comparable maturities from the date of enactment
of the Manassas National Battlefield Park Amendments of 1988 to the last
day of the month preceding the date on which payment is made.
"(C) In the absence of a negotiated settlement, or an
action by the owner, within 1 year after the date of enactment of the
Manassas National Battlefield Park Amendments of 1988, the Secretary
may initiate a proceeding at anytime seeking in a court of competent
jurisdiction a determination of just compensation with respect to the
taking such property.
"(3) Not later than 6 months after the date of
enactment of the Manassas National Battlefield Park Amendments of 1988,
the Secretary shall publish in the Federal Register a detailed
description and map depicting the boundaries of the Addition. The map
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior.
"(c) The Secretary shall not allow any unauthorized
use of the Addition after the enactment of the Manassas National
Battlefield Park Amendments of 1988, except that the Secretary may
permit the orderly termination of operations on the Addition and the
removal of equipment, facilities, and personal property from the
Addition."
SEC. 10003. VISUAL PROTECTION.
Section 2(a) of 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 (16 U.S.C. 429b1), is
amended
(1) by inserting "(1)" after "(a)"; and
(2) by adding at the end thereof the following:
"(2) The Secretary shall cooperate with the
Commonwealth of Virginia, the political subdivisions thereof, and
other parties as designated by the Commonwealth or its political
subdivisions in order to promote and achieve scenic preservation of
views from within the park through zoning and such other means as the
parties determine feasible."
SEC. 10004. HIGHWAY RELOCATION.
(a) STUDY.The Secretary of the Interior
(hereafter in this section referred to as the "Secretary"), in
consultation and consensus with the Commonwealth of Virginia, the
Federal Highway Administration, and Prince William County, shall conduct
a study regarding the relocation of highways (know as routes 29 and
234) in, and in the vicinity of, the Manassas National
Battlefield Park (hereinafter in this section referred to as the
"park"). The study shall include an assessment of the available
alternatives, together with cost estimates and recommendations regarding
preferred options. The study shall specifically consider and develop
plans for the closing of those public highways (know as routes 29 and
234) that transect the park and shall include analysis of the timing and
method of such closures and of means to provide alternative routes for
traffic now transecting the park. The Secretary shall provide for
extensive public involvement in the preparation of the study.
(b) DETERMINATION.Within 1 year after the
enactment of this Act, the Secretary shall complete the study under
subsection (a). The study shall determine when and how the highways
(known as routes 29 and 234) should be closed.
(c) ASSISTANCE.The Secretary shall provide
funds to the appropriate construction agency for the construction and
improvement of the highways to be used for the rerouting of traffic now
utilizing highways (known as routes 29 and 234) to be closed pursuant to
subsection (b) if the construction and improvement of such alternatives
are deemed by the Secretary to be in the interest of protecting the
integrity of the park. Not more than 75 percent of the costs of such
construction and improvement shall be provided by the Secretary and at
least 25 percent shall be provided by State or local governments from
any source other than Federal funds. Such construction and improvement
shall be approved by the Secretary of Transportation.
(d) AUTHORIZATION.There is authorized to be
appropriated to the Secretary not to exceed $30,000,000 to prepare the
study required by subsection (a) and to provide the funding described in
subsection (c).
Approved November 10, 1988.
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