Fredericksburg and Spotsylvania County Battlefields Memorial National Military Park Expansion Act of 1989
PL 101-214 (H.R.875), enacted 12/11/1989

PUBLIC LAW 101-214—DEC. 11, 1989 
103 STAT. 1849 
Public Law 101-214 
101st Congress 
An Act 
To expand the boundaries of the Fredericksburg and Spotsylvania County 
Battlefields Memorial National Military Park near Fredericksburg, Virginia. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Fredericksburg and Spotsylvania 
County Battlefields Memorial National Military Park Expansion 
Act of 1989". 
SEC. 2. REVISION OF PARK BOUNDARIES. 
(a) BOUNDARY REVISION.—In furtherance of the purposes of the 
Act entitled "An Act to establish a national military park at and 
near Fredericksburg, Virginia, and to mark and preserve historical 
points connected with the battles of Fredericksburg, Spotsylvania 
Court House, Wilderness, and Chancellorsville, including Salem 
Church, Virginia", approved February 14, 1927 (44 Stat. 1091), the 
Fredericksburg and Spotsylvania County Battlefields Memorial Na-
tional Military Park (hereinafter in this Act referred to as the 
"park") shall hereafter comprise the lands and interests in lands 
within the boundary generally depicted as "Proposed Park Bound-
ary" on the maps entitled "Fredericksburg and Spotsl3rvania Na-
tional Military Park", numbered 326-40075D/89, 326-40074E/89, 
326-40069B/89, 326-40070D/89, 326-4007 lC/89, 
326-40072E/89, 
326-40076A/89, and 326-40073D/89, and dated June 1989. The maps 
shall be on file and available for public inspection in the Office of 
the National Park Service, Department of the Interior. 
(b) EXCLUDED LANDS.—Lands and interests in lands within the 
boundary depicted on the maps referred to in subsection (a) as 
"Existing Park Boundary" but outside of the boundary depicted as 
"Proposed Park Boundary" are hereby excluded from the park, in 
accordance with the provisions of subsection 3(b). The Secretary of 
the Interior (hereinafter referred to as the "Secretary") may relin-
quish to the Commonwealth of Virginia exclusive or concurrent 
legislative jurisdiction over lands excluded from the park by this 
section by filing with the Governor a notice of relinquishment. Such 
relinquishment shall take effect upon acceptance thereof, or as the 
laws of the Commonwealth may otherwise provide. 
SEC. 3. ACQUISITIONS AND CONVEYANCES. 
(a) ACQUISITION.—The Secretary is authorized to acquire lands 
and interests in lands within the park, by donation, purchase with 
donated or appropriated funds or by exchange. 
(b) CONVEYANCE OF LANDS EXCLUDED FROM PARK.—(1) The Sec-
retary is authorized, in accordance with applicable existing law, to 
exchange Federal lands and interests excluded from the park pursu-
ant to subsection 2(b) for the purpose of acquiring lands within the 
park boundary. 
Dec. 11, 1989 
[H.R. 875] 
Fredericksburg 
and 
Spotsylvania 
County 
Battlefields 
Memorial 
National 
Military Park 
Expansion Act of 
1989. 
Public lands. 
16 u s e 425k 
note. 
16 u s e 425k. 
Public 
information. 
16 u s e 425Z. 
Gifts and 
property. 
Real property. 
103 STAT. 1850 
PUBLIC LAW 101-214—DEC. 11, 1989 
(2) If any such Federal lands or interests are not exchanged within 
five years after the date of enactment of this Act, the Secretary may 
sell any or all such lands or interests to the highest bidder, in 
accordance with such regulations as the Secretary may prescribe, 
but any such conveyance shall be at not less than the fair market 
value of the land or interest, £is determined by the Secretary. 
Historic 
(3) All Federal lands and interests sold or exchanged pursuant to 
preservation. 
^^is subsection shall be subject to such terms and conditions as will 
assure the use of the property in a manner which, in the judgment 
of the Secretary, will protect the battlefield setting. Notwithstand-
ing any other provision of law, the net proceeds from any such sale 
or exchange shall be used, subject to appropriations, to acquire lands 
and interests within the park. 
(c) ALTERNATIVE ACCESS.—In order to facilitate the acquisition by 
the United States of existing easements or rights of access across 
Federal lands within the park and to provide the owners of such 
easements or rights of access with alternative rights of access across 
nonpark lands, the Secretary may acquire, by donation, purchase 
with donated or appropriated funds, or exchange, interests in land 
of similar estate across lands which are not within the park. With or 
without the acceptance of payment of cash to equalize the values of 
the properties, the Secretary may convey such nonpark lands or 
interests in lands to the holders of such existing easements or rights 
of access across Federal lands within the park in exchange for their 
conveyance to the United States of such easements or rights. Noth-
ing in this Act shall prohibit the Secretary from acquiring any 
outstanding easements or rights of access across Federal lands by 
donation, purchase with donated or appropriated funds or by 
exchange. 
Gifts and 
(d) CONSERVATION EASEMENTS.—The Secretary is authorized to 
property. 
accept donations of conservation easements on lands adjacent to the 
Historic 
park. Such conservation easements shall have the effect of protect-
preservation. 
ing the scenic and historic resources on park lands and the adjacent 
lands or preserving the undeveloped or historic appearance of the 
park when viewed from within or without the park. 
(e) OTHER PROVISIONS.—Within the area bounded by the Orange 
Turnpike, the Orange Plank Road, and McLaws Drive no improved 
property (as defined in section 4) may be acquired without the 
consent of the owner thereof unless the Secretary determines that, 
in his judgment, the property is subject to, or threatened with, uses 
which are having, or would have, an adverse impact on the park. 
16 u s e 425m. 
SEC. 1. RETAINED RIGHTS. 
Real property. 
(a) RETENTION OF USE AND OCCUPANCY.—With the exception of 
property which the Secretary determines is necessary for develop-
ment or public use, the owner or owners of improved property 
acquired pursuant to this Act may retain a right of use and occu-
pancy of such 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 owner's spouse. 
The owner shall elect the term to be reserved, except that if the 
owner is a corporation, trust, partnership, or any entity other than 
an individual, the term shall not exceed twenty-five years. Owner-
ship shall be determined as of June 1, 1989. Unless the property is 
wholly or partially donated, the Secretary shall pay to the owner the 
PUBLIC LAW 101-214—DEC. 11, 1989 
103 STAT. 1851 
fair market value of the property on the date of such acquisition, 
less the fair market value of the right retained by the owner. 
(b) TERMS AND CONDITIONS.—Any rights retained pursuant to this 
section shall be subject to such terms and conditions as the Sec-
retary may prescribe and may be terminated by the Secretary upon 
his determination and after reasonable notice to the owner thereof 
that such property is being used for any purpose which is incompat-
ible with the admi!iistration, protection, or public use of the park. 
Such right shall terminate by operation of law upon notification of 
the owner by the Secretary and tendering to the owner an amount 
equal to the fair market value of that portion of the right which 
remains unexpired. 
(c) DEFINITION.—As used in this section, the term "improved 
property" means a year-round noncommercial single-family dwell-
ing together with such land, in the same ownership as the dwelling, 
as the Secretary determines is reasonably necessary for the enjoy-
ment of the dwelling for single-family residential use. 
SEC. .5. INTERPRETATION. 
16 USC 425n. 
In administering the park, the Secretary shall take such action as 
is necessary and appropriate to interpret, for the benefit of visitors 
to the park and the general public, the battles of Fredericksburg, 
Chancellorsville, Spotsylvania Courthouse, and the Wilderness in 
the larger context of the Civil War and American history, including 
the causes and consequences of the Civil War and including the 
effects of the war on all the American people, especially on the 
American South. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 425o. 
There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act. 
Approved December 11, 1989. 
LEGISLATIVE HISTORY—H.R. 875: 
HOUSE REPORTS: No. 101-144 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-220 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
July 17, considered and passed House. 
Nov. 21, considered and peissed Senate, amended. House concurred in Senate 
amendments.