### §410t. Acquisition and transfer of lands; private owner's retention of right of use and occupancy

#### (a) Acquisition of lands; administrative jurisdiction of Federal lands; notice in Federal Register

The Secretary of the Interior is authorized to acquire by donation or with donated funds, or with funds authorized to be appropriated, lands and interests in lands within the area designated for the park. Administrative jurisdiction of Federal lands lying within the area designated for the park shall, with the concurrence of the Federal agency involved, be transferred to the Secretary of the Interior for administration as a part of the park.

The park shall be established as Minute Man National Historical Park by notice in the Federal Register when the Secretary of the Interior finds that sufficient lands within the designated area have been acquired to warrant such establishment.

#### (b) Transfer of lands

The Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of Defense the two parcels currently administered by the Secretary of the Interior, as depicted on the map dated April 1990 and numbered NARO–406/80805. The Secretary of Defense shall transfer to the administrative jurisdiction of the Secretary of the Interior, without reimbursement, for inclusion in the Minute Man National Historical Park the 4 parcels now administered by the Secretary of Defense, as depicted on the maps dated April 1990 and numbered NARO–406/80804 and NARO–406/80805.

#### (c) Exceptions and limitations to authorization to acquire lands; condemnation

The Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, lands or interests in lands within the areas included within the boundaries of the park pursuant to amendments made by the Minute Man National Historical Park Amendments of 1991 (hereinafter referred to as "1991 additions"), except that—

(1) lands, and interests in lands, within the 1991 additions which are owned by the State of Massachusetts or any political subdivision thereof, may be acquired only by donation, and

(2) lands, and interests in lands, within the 1991 additions which are used for noncommercial residential purposes as of July 1, 1991, may be acquired only with the consent of the owner thereof unless the property is being developed, or is proposed to be developed, in a manner which the Secretary determines to be detrimental to the scenic, historical, cultural, and other values of the park.

Nothing in paragraph (2) shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances for any lands within the 1991 additions. Not later than 6 months after October 24, 1992, and after notice and opportunity for public comment, the Secretary of the Interior shall publish specific guidelines for making determinations under paragraph (2). Such guidelines shall provide for (A) written notice to the Secretary prior to commencement of any proposed development on the lands referred to in paragraph (2), (B) written notice by the Secretary to the owner of such lands of any determination proposed to be made under paragraph (2), and (C) a reasonable opportunity for the owner to comment on such proposed determination.

#### (d) Private owner's retention of right of use and occupancy

(1) Any individual who owns private property acquired by the Secretary under subsection (c) may, on the date of such acquisition and as a condition of such acquisition, retain for himself and his successors or assigns, a right of use and occupancy of the property for a definite term of not more than 25 years from the date of acquisition by the Secretary or a term ending at the death of the owner or the owner's spouse, whichever is later. The owner shall elect the term to be reserved.

(2) Unless the property is wholly or partially donated, the Secretary shall pay to the owner reserving a right of use and occupancy under this subsection the fair market value of the property on the date of its acquisition, less the fair market value on that date of the right retained by the owner.

(3) For purposes of applying this subsection, ownership shall be determined as of July 1, 1991.

(Pub. L. 86–321, §2, Sept. 21, 1959, 73 Stat. 591; Pub. L. 102–488, §2(3)[(2)], Oct. 24, 1992, 106 Stat. 3135.)

#### **Editorial Notes**

#### References in Text

The Minute Man National Historical Park Amendments of 1991, referred to in subsec. (c), is Pub. L. 102–488, Oct. 24, 1992, 106 Stat. 3135, which enacted sections 410x–1 and 410x–2 of this title, amended this section and sections 410s and 410x of this title, and enacted provisions set out as a note under section 410s of this title. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 410s of this title and Tables.

#### Amendments

1992—Pub. L. 102–488 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

#### **Statutory Notes and Related Subsidiaries**

#### Boundary Adjustment

Pub. L. 111–11, title VII, §7106, Mar. 30, 2009, 123 Stat. 1193, provided that:

"(a) Definitions.—In this section:

"(1) Map.—The term 'map' means the map entitled 'Minute Man National Historical Park Proposed Boundary', numbered 406/81001, and dated July 2007.

"(2) Park.—The term 'Park' means the Minute Man National Historical Park in the State of Massachusetts.

"(3) Secretary.—The term 'Secretary' means the Secretary of the Interior.

"(b) Minute Man National Historical Park.—

"(1) Boundary adjustment.—

"(A) In general.—The boundary of the Park is modified to include the area generally depicted on the map.

"(B) Availability of map.—The map shall be on file and available for inspection in the appropriate offices of the National Park Service.

"(2) Acquisition of land.—The Secretary may acquire the land or an interest in the land described in paragraph (1)(A) by—

"(A) purchase from willing sellers with donated or appropriated funds;

"(B) donation; or

"(C) exchange.

"(3) Administration of land.—The Secretary shall administer the land added to the Park under paragraph (1)(A) in accordance with applicable laws (including regulations).

"(c) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section."