Page:United States Statutes at Large Volume 96 Part 2.djvu/1158

 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 USC 159f.

Land acquisition. 16 USC 159g.

16 USC 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 associated with the Battle of Saratoga and to facilitate the administration and interpretation of the Saratoga National Historical Park Oiereinafter 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 boundary 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 appropriated 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 inspection 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 significantly 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 exercising 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 an interest and intention to exercise a right of first refusal, the Secre-

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