Page:United States Statutes at Large Volume 103 Part 2.djvu/840

 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, as 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 USC 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

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