Page:United States Statutes at Large Volume 106 Part 4.djvu/400

 106 STAT. 3136 PUBLIC LAW 102-488—OCT. 24, 1992 Real property. Appropriation authorization. 16 USC 410x. 16 USC 410X-1. ''(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) Icuids, 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 Uie 1991 additions. Not later than 6 months after the enactment of the Minute Man National Historical Park Amendments of 1991, 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 tine 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)(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 rignt 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 pa^ to the owner reserving a right of use and occupancy under tins 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.". (4) At the end of section 6 insert "For fiscal years after fiscal year 1991, there is authorized to be appropriated an additional $15,000,000 for development and an additional $7,300,000 for acquisition of lands and interests in lands.". (5) Add the following new section at the end of such Act: "SEC. 7. RESroENTlAL OCCUPANCY. "(a) OFFER. —In the case ofeach individual who— "(1) sold residential property between 1966 and 1968 to the United States for purposes of the park, and "(2) continues to occupy such residential property pursuant to a residential special use permit as of the enactment of this section, the Secretary of the Interior shall offer to extend such residential special use permit for a term ending on the death of such individual or such individual's spouse, whichever is later. "(b) TERMS AND CONDITIONS.—Any residential special use permit extended pursuant to subsection (a) shall—

�