---
kind: "section"
citation: "16 U.S.C. § 429b–1"
title: "16"
title_heading: "Conservation"
number: "429b–1"
heading: "Acquisition and use of lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/429b-1"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LX — National Military Parks"
---

# §429b–1. Acquisition and use of lands

- (a) **Acquisition of property or interests in property; scenic preservation of views—**
  - (1) In order to effectuate the purposes of sections [429b](/usc/16/429b.md) to [429b–5](/usc/16/429b–5.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated funds or exchange, any property or interests therein which are located within the boundaries of the [park](/usc/16/410r–5.md?p=c-3), except that property owned by the Commonwealth of Virginia or by any political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation.
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) shall cooperate with the Commonwealth of Virginia, the political [subdivisions](/usc/16/539m–1.md?p=15) thereof, and other parties as designated by the Commonwealth or its political [subdivisions](/usc/16/539m–1.md?p=15) in order to promote and achieve scenic preservation of views from within the [park](/usc/16/410r–5.md?p=c-3) through zoning and such other means as the parties determine feasible.
- (b) **Acquisition of fee simple title with the consent of owner; hearing and review—** With respect to [areas](/usc/16/539m–1.md?p=1-A) within the 1954 boundaries of the [park](/usc/16/410r–5.md?p=c-3), as identified on the [map](/usc/16/430f–7.md?p=1) referred to in [section 429b of this title](/usc/16/429b.md), the [Secretary](/usc/16/410r–5.md?p=c-1) may not [acquire](/usc/16/620e.md?p=1) fee simple title to such [areas](/usc/16/539m–1.md?p=1-A) without the consent of the [owner](/usc/16/429b–3.md?p=4) so long as the lands continue to be devoted to a use which is the same as that in effect on September 1, 1980. Further, if the [Secretary](/usc/16/410r–5.md?p=c-1) proposes to [acquire](/usc/16/620e.md?p=1) fee simple title to such property because of a change in use, the [owner](/usc/16/429b–3.md?p=4) of such property may seek a review of the proposed [acquisition](/usc/16/620e.md?p=1) of his or her property and is entitled to a hearing on the record in accordance with [section 554 of title 5](/usc/5/554.md).
- (c) **Secretary authorized to make land available for Route 234 bypass—** If the Virginia Department of Highways and Transportation determines that the proposed Route 234 bypass should be properly located between the Virginia Electric Power Company powerline easement and route 705, the [Secretary](/usc/16/410r–5.md?p=c-1) shall make available the land necessary for such bypass, subject to such revisions, terms, and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) deems are necessary and appropriate to assure that such bypass is located, constructed, operated, and maintained in a manner consistent with the administration of the [park](/usc/16/410r–5.md?p=c-3).
- (d) **Secretary not to close State roads—** The [Secretary](/usc/16/410r–5.md?p=c-1) may not close any [State](/usc/16/590q.md?p=a) roads within the [park](/usc/16/410r–5.md?p=c-3) unless action permitting the closing of such roads has been taken by appropriate officials of the Commonwealth of Virginia.

## Source credit

(Apr. 17, 1954, ch. 153, § 2, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1885; amended Pub. L. 100–647, title X, § 10003, Nov. 10, 1988, 102 Stat. 3811.)

## Notes

### Editorial Notes

### Amendments

1988—Subsec. (a). Pub. L. 100–647 designated existing provisions as par. (1) and added par. (2).