A bill to revise the boundaries of the Saratoga National Historical Park in the State of New York, and for other purposes.
PL 97-460 (S.1540), enacted 01/12/1983

96 STAT. 2520 
PUBLIC LAW 97-460—JAN. 12, 1983 
Public Law 97-460 
97th Congress 
An Act 
Jan. 12, 1983 
[8. 1540] 
Saratoga 
National 
Historical Park, 
N.Y. 
Boundary 
revision. 
16 use 159f. 
Land 
acquisition. 
16 use 159g. 
16 use 159e. 
Land transfer. 
To revise the boundaries of the Saratoga National Historical Park in the State of 
New York, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. In order to preserve certain lands historically associ-
ated with the Battle of Saratoga and to facilitate the administration 
and interpretation of the Saratoga National Historical Park Oierein-
after 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. 
SEC. 2. (a) Except as provided in subsection 0>), within the bound-
ary of the park, the Secretary of the Interior Oiereinafter in this Act 
referred to as the "Secretary"), is authorized to acquire lands and 
interests therein by donation, purchase with donated or appropri-
ated funds, or exchange. Except for the tract identified on the 
aforesaid map as tract number 01-132, which was authorized to be 
acquired by section 115 of the Act of March 5,1980 (94 Stat. 71), the 
Secretary may not acquire (except by donation) fee simple title to 
those lands depicted on the map as proposed for less than fee 
acquisition. The map shall be on file and available for public inspec-
tion in the office of the National Park Service, Department of the 
Interior. 
(b)(1) Appropriated funds may not be used to acquire lands or 
interests therein within the pgirk 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 signifi-
cantly 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 exer-
cising 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 £in 
interest and intention to exercise a right of first refusal, the Secre-
PUBLIC LAW 97-460—JAN. 12, 1983 
96 STAT. 2521 
tary 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 "immedi-
ate 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 bom child for purposes of determining such relationship. 
(c) Subsection (b) shall not apply with respect to tract number 
01-142. 
(d) When an owner of property within the park desires to take an 
action with respect to his property, he shall request, in writing, a 
prompt written determination from the Secretary as to the likeli-
hood of such action provoking a determination by the Secretary 
under the provisions of subsection (bXlXA). The Secretary is there-
upon directed to promptly issue such owner a certificate of exemp-
tion from condemnation for such actions proposed by the owner 
which the Secretary determines to be compatible with the purposes 
of the park. 
(eXl) 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. 
if) Any owner of lands or interests therein within the park who 
desires to have such lands or interests acquired by the Secretary 
may notify the Secretary in writing of such desire. It is the intention 
of the Congress that, upon receipt of such notification, and on the 
condition that such acquisition will transpire at fair market value 
and in accordance with other conditions acceptable to the Secretary, 
the Secretary shall endeavor to acquire such lands or interests 
therein within six months of the date of receipt of such notice from 
the owner. 
"Immediate 
family." 
Certificate of 
exemption. 
Right of use and 
occupancy. 
Fair market 
value. 
96 STAT. 2522 
PUBLIC LAW 97-460—JAN. 12, 1983 
SEC. 3. Section 2 of the Act approved June 22,1948 (62 Stat. 571; 16 
U.S.C. 159d), is amended to read as follows: 
"SEC. 2. The Secretary of the Interior is authorized to accept all or 
any portion of the (Jeneral Philip Schuyler Mansion property, real 
and personal, situated at Schuylerville, New York, comprising 
approximately fifty acres.". 
Appropriation 
SEC. 4. There are hereby authorized to be appropriated after 
16 U^T59f^ 
October 1, 1983, such sums as may be necessary, but not to exceed 
noi;e 
$1,000,000 for the acquisition of lands and interests therein, to carry 
out the purposes of this Act. 
Approved January 12, 1983. 
LEGISLATIVE HISTORY—S. 1540: 
HOUSE REPORT No. 97-926 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 97-424 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
June 10, considered and peissed Senate. 
Oct. 1, considered and passed House, amended. 
Dec. 20, Senate concurred in House amendment.