---
kind: "section"
citation: "16 U.S.C. § 159g"
title: "16"
title_heading: "Conservation"
number: "159g"
heading: "Acquisition of lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/159g"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XVIII — Saratoga National Historical Park"
---

# §159g. Acquisition of lands

- (a) **Manner; limitations—** Except as provided in [subsection (b)](#b), within the boundary of the [park](/usc/16/410r–5.md?p=c-3), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter in this Act referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”), is authorized to [acquire](/usc/16/620e.md?p=1) lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Except for the tract identified on the aforesaid [map](/usc/16/430f–7.md?p=1) as tract number 01–132, which was authorized to be acquired by [section 159e of this title](/usc/16/159e.md), the [Secretary](/usc/16/410r–5.md?p=c-1) may not [acquire](/usc/16/620e.md?p=1) (except by donation) fee simple title to those lands depicted on the [map](/usc/16/430f–7.md?p=1) as proposed for less than fee [acquisition](/usc/16/620e.md?p=1). The [map](/usc/16/430f–7.md?p=1) shall be on file and available for public inspection in the office of the National [Park](/usc/16/410r–5.md?p=c-3) Service, Department of the Interior.
- (b) **Conditions for forced sale; right of first refusal—**
  - (1) Appropriated funds may not be used to [acquire](/usc/16/620e.md?p=1) lands or interests therein within the [park](/usc/16/410r–5.md?p=c-3) without the consent of the [owner](/usc/16/429b–3.md?p=4) except when—
    - (A) the [Secretary](/usc/16/410r–5.md?p=c-1) determines that such [owner](/usc/16/429b–3.md?p=4) is subjecting, or is about to subject, the property to actions which would significantly degrade its value as a component of the [park](/usc/16/410r–5.md?p=c-3); or
    - (B) the [owner](/usc/16/429b–3.md?p=4) fails to comply with the provisions of [paragraph (2)](#b-2).

    The [Secretary](/usc/16/410r–5.md?p=c-1) shall immediately notify the [owner](/usc/16/429b–3.md?p=4) in writing of any determination under [subparagraph (A)](#b-1-A). If the [owner](/usc/16/429b–3.md?p=4) immediately ceases the activity subject to such notification, the [Secretary](/usc/16/410r–5.md?p=c-1) shall attempt to negotiate a mutually satisfactory solution prior to exercising any authority provided by [subsection (a)](#a) of this section.

  - (2) If an [owner](/usc/16/429b–3.md?p=4) of lands or interests therein within the [park](/usc/16/410r–5.md?p=c-3) intends to transfer any such lands or interest to [persons](/usc/16/450rr–1.md?p=b) other than the [owner](/usc/16/429b–3.md?p=4)’s immediate family, the [owner](/usc/16/429b–3.md?p=4) shall notify the [Secretary](/usc/16/410r–5.md?p=c-1) in writing of such intention. Within forty-five days after receipt of such notice, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) declines to respond in writing or expresses no interest in exercising such right, the [owner](/usc/16/429b–3.md?p=4) may proceed to transfer such interests. If the [Secretary](/usc/16/410r–5.md?p=c-1) responds in writing within such forty-five days and expresses an interest and intention to exercise a right of first refusal, the [Secretary](/usc/16/410r–5.md?p=c-1) shall initiate an action to exercise such right within ninety days after the date of the [Secretary](/usc/16/410r–5.md?p=c-1)’s response. If the [Secretary](/usc/16/410r–5.md?p=c-1) fails to initiate action to exercise such right within such ninety days, the [owner](/usc/16/429b–3.md?p=4) may proceed to otherwise transfer such interests. As used in this subsection with respect to a property [owner](/usc/16/429b–3.md?p=4), the term “immediate family” means the spouse, brother, sister, parent, or child of such property [owner](/usc/16/429b–3.md?p=4). Such term includes a [person](/usc/16/450rr–1.md?p=b) bearing such relationships through adoption and a stepchild shall be treated as a natural born child for purposes of determining such relationship.
- (c) **Exception—** [Subsection (b)](#b) shall not apply with respect to tract number 01–142.
- (d) **Notification by owner of intended actions—** When an [owner](/usc/16/429b–3.md?p=4) of property within the [park](/usc/16/410r–5.md?p=c-3) desires to [take](/usc/16/3102.md?p=18) an action with respect to his property, he shall request, in writing, a prompt written determination from the [Secretary](/usc/16/410r–5.md?p=c-1) as to the likelihood of such action provoking a determination by the [Secretary](/usc/16/410r–5.md?p=c-1) under the provisions of [subsection (b)(1)(A)](#b-1-A). The [Secretary](/usc/16/410r–5.md?p=c-1) is thereupon directed to promptly issue such [owner](/usc/16/429b–3.md?p=4) a certificate of exemption from condemnation for such actions proposed by the [owner](/usc/16/429b–3.md?p=4) which the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be compatible with the purposes of the [park](/usc/16/410r–5.md?p=c-3).
- (e) **Limited right of retention; calculation of payment—**
  - (1) An [owner](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) which is used solely for noncommercial residential purposes, or for commercial agricultural purposes found to be compatible with the General [Management Plan](/usc/16/544.md?p=k), on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may retain, as a condition of such an [acquisition](/usc/16/620e.md?p=1), 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](/usc/16/429b–3.md?p=4). The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the fair market value of the property on the date of such [acquisition](/usc/16/620e.md?p=1), less the fair market value, of the term retained by the [owner](/usc/16/429b–3.md?p=4).
  - (2) Except for tract number 01–142, [paragraph (1)](#e-1) shall not apply to property which the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be necessary for the purposes of administration, development, access, or public use.
- (f) **Rapid acquisition—** Any [owner](/usc/16/429b–3.md?p=4) of lands or interests therein within the [park](/usc/16/410r–5.md?p=c-3) who desires to have such lands or interests acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) may notify the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620e.md?p=1) will transpire at fair market value and in accordance with other conditions acceptable to the [Secretary](/usc/16/410r–5.md?p=c-1), the [Secretary](/usc/16/410r–5.md?p=c-1) shall endeavor to [acquire](/usc/16/620e.md?p=1) such lands or interests therein within six months of the date of receipt of such notice from the [owner](/usc/16/429b–3.md?p=4).

## Source credit

(Pub. L. 97–460, § 2, Jan. 12, 1983, 96 Stat. 2520.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (a), is Pub. L. 97–460, Jan. 12, 1983, 96 Stat. 2520, which enacted sections 159f and 159g of this title, amended section 159d of this title, and enacted a provision set out as a note under section 159f of this title. For complete classification of this Act to the Code, see Tables.