---
kind: "range"
citation: "16 U.S.C. §§ 429b–429b–5"
title: "16"
from: "429b"
to: "429b–5"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/16/429b..429b-5"
---

# §429b. Manassas National Battlefield Park

- (a) **Establishment; boundaries—** There is established as a [unit](/usc/16/430f–7.md?p=4) of the [national park](/usc/16/410hhh–1.md?p=5) [system](/usc/16/668ee.md?p=14) in the Commonwealth of Virginia the Manassas National [Battlefield Park](/usc/16/423l–1.md?p=b-1), which shall contain within its boundaries the important historical lands relating to the two battles of Manassas. The total [area](/usc/16/539m–1.md?p=1-A) of the [park](/usc/16/410r–5.md?p=c-3) shall not be greater than four thousand five hundred and twenty-five acres. The boundaries of the [park](/usc/16/410r–5.md?p=c-3) shall be the boundaries depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Boundary [Map](/usc/16/430f–7.md?p=1), Manassas National [Battlefield Park](/usc/16/423l–1.md?p=b-1)”, dated October 1980, and numbered 379/80,009, which shall be on file and available for public inspection in the offices of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior. The [Secretary](/usc/16/410r–5.md?p=c-1) shall publish in the Federal Register, as soon as practicable after the date of the enactment of this Act, but no later than one year from the effective date of this section, a detailed description and [map](/usc/16/430f–7.md?p=1) of the boundaries. Notwithstanding [section 100506(c) of title 54](/usc/54/100506.md?p=c), the [Secretary](/usc/16/410r–5.md?p=c-1) may not make any changes in the boundaries of the [park](/usc/16/410r–5.md?p=c-3). The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the [park](/usc/16/410r–5.md?p=c-3) in accordance with laws, rules, and regulations applicable to the [national park](/usc/16/410hhh–1.md?p=5) [system](/usc/16/668ee.md?p=14).
- (b) **Addition to park—**
  - (1) In [addition](/usc/16/410r–5.md?p=c-2) to [subsection (a)](#a), the boundaries of the [park](/usc/16/410r–5.md?p=c-3) shall include the [area](/usc/16/539m–1.md?p=1-A), comprising approximately 600 acres, which is south of U.S. Route 29, north of Interstate Route 66, east of Route 705, and west of Route 622. Such [area](/usc/16/539m–1.md?p=1-A) shall hereafter in [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title be referred to as the “[Addition](/usc/16/410r–5.md?p=c-2)”.
  - (2)
    - (A) Notwithstanding any other provision of law, effective on November 10, 1988, there is hereby vested in the United States all right, title, and interest in and to, and the right to immediate possession of, all the real property within the [Addition](/usc/16/410r–5.md?p=c-2).
    - (B) The United States shall pay just compensation to the [owners](/usc/16/429b–3.md?p=4) of any property taken pursuant to this paragraph and the full faith and credit of the United States is hereby pledged to the payment of any judgment entered against the United States with respect to the taking of such property. Payment shall be in the amount of the agreed negotiated value of such property or the valuation of such property awarded by judgment and shall be made from the permanent judgment appropriation established pursuant to [31 U.S.C. 1304](/usc/31/1304.md). Such payment shall include interest on the value of such property which shall be compounded quarterly and computed at the rate applicable for the period involved, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from November 10, 1988, to the last day of the month preceding the date on which payment is made.
    - (C) In the absence of a negotiated settlement, or an action by the [owner](/usc/16/429b–3.md?p=4), within 1 year after November 10, 1988, the [Secretary](/usc/16/410r–5.md?p=c-1) may initiate a proceeding at anytime seeking in a court of competent jurisdiction a determination of just compensation with respect to the taking of such property.
  - (3) Not later than 6 months after November 10, 1988, the [Secretary](/usc/16/410r–5.md?p=c-1) shall publish in the Federal Register a detailed description and [map](/usc/16/430f–7.md?p=1) depicting the boundaries of the [Addition](/usc/16/410r–5.md?p=c-2). The [map](/usc/16/430f–7.md?p=1) shall be on file and available for public inspection in the offices of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior.
- (c) **Use of addition—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall not allow any unauthorized use of the [Addition](/usc/16/410r–5.md?p=c-2) after November 10, 1988, except that the [Secretary](/usc/16/410r–5.md?p=c-1) may permit the orderly termination of all operations on the [Addition](/usc/16/410r–5.md?p=c-2) and the removal of equipment, facilities, and personal property from the [Addition](/usc/16/410r–5.md?p=c-2).

# §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 to 429b–5](/usc/16/429b..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](/usc/16/1421h.md?p=2) 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/16/6456.md?p=2) 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.

# §429b–2. Retention of right of use and occupation of improved property by owner

- (a) **Time limits; compensation—** Subsequent to October 13, 1980, the [owner](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself and his heirs and assigns a right of use and occupancy of the [improved property](/usc/16/251h.md?p=2) 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](/usc/16/429b–3.md?p=4) or the death of the spouse of the [owner](/usc/16/429b–3.md?p=4), whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay the [owner](/usc/16/429b–3.md?p=4) an amount equal to the [fair market value](/usc/16/459b–1.md?p=e) of the property on the date of its [acquisition](/usc/16/620e.md?p=1) less the value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4). If such property is donated (in whole or in part) to the United States, the [Secretary](/usc/16/410r–5.md?p=c-1) may pay to the [owner](/usc/16/429b–3.md?p=4) such lesser amount as the [owner](/usc/16/429b–3.md?p=4) may agree to. A right retained pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that it is being exercised in a manner inconsistent with the purposes of [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title, and it shall terminate by operation of law upon the [Secretary](/usc/16/410r–5.md?p=c-1)’s notifying the holder of the right of such determination and tendering to him an amount equal to the [fair market value](/usc/16/459b–1.md?p=e) of that portion of the right which remains unexpired.
- (b) **Displaced person; waiver of benefits—** No property [owner](/usc/16/429b–3.md?p=4) who elects to retain a right of use and occupancy under this section shall be considered a displaced [person](/usc/16/450rr–1.md?p=b) as defined in [section 4601(6) of title 42](/usc/42/4601.md?p=6). Such [owners](/usc/16/429b–3.md?p=4) shall be considered to have waived any benefits which would otherwise accrue to them under [sections 4623 to 4626](/usc/42/4623..4626.md) of title 42.

# §429b–3. Definitions


For purposes of [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title—

- (1) The term “[improved property](/usc/16/251h.md?p=2)” means a detached, one-family dwelling, construction of which was begun before January 1, 1979, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the [Secretary](/usc/16/410r–5.md?p=c-1) deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.
- (2) The term “[park](/usc/16/410r–5.md?p=c-3)” means the Manassas National [Battlefield Park](/usc/16/423l–1.md?p=b-1) established under [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title.
- (3) The term “[Secretary](/usc/16/410r–5.md?p=c-1)” means the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior.
- (4) The term “owner” means the owner of record as of September 1, 1980.

# §429b–4. Funds from Land and Water Conservation Fund

- (a) **Maximum amount usable for acquisition of property—** In [addition](/usc/16/410r–5.md?p=c-2) to sums heretofore expended for the [acquisition](/usc/16/620e.md?p=1) of property and interests therein for the [park](/usc/16/410r–5.md?p=c-3), from [funds](/usc/16/1421h.md?p=2) available for expenditure from the Land and Water [Conservation](/usc/16/6456.md?p=2) [Fund](/usc/16/1421h.md?p=2), as established under the Land and Water [Conservation](/usc/16/6456.md?p=2) Fund Act of 1965,[^1] not more than a total of $8,700,000 may be expended for the [acquisition](/usc/16/620e.md?p=1) of property and interests therein under [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title.
- (b) **Completion of acquisition in two years—** It is the express intent of Congress that, except for property referred to in [section 429b–1(b) of this title](/usc/16/429b–1.md?p=b), the [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1) property and interests therein under [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title within two complete fiscal years after October 13, 1980.

# §429b–5. Funding limitations; contracting authority, etc.

- (a) **Effective date of authorizations—** Authorizations of moneys to be appropriated under [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title from the Land and Water [Conservation](/usc/16/6456.md?p=2) [Fund](/usc/16/1421h.md?p=2) for [acquisition](/usc/16/620e.md?p=1) of properties and interests shall be effective on October 1, 1981.
- (b) **Authority limited by appropriations—** Notwithstanding any other provision of [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title, authority to enter into contracts, to incur obligations, or to make payments under [sections 429b to 429b–5](/usc/16/429b..429b–5.md) of this title shall be effective only to the extent, and in such amounts as are provided in advance in appropriation Acts.