Page:United States Statutes at Large Volume 105 Part 2.djvu/730

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

105 STAT. 1682 PUBLIC LAW 102-225—DEC. 11, 1991 Public Law 102-225 102d Congress An Act Pec. 11, 1991 To expand the boundaries of Stones River National Battlefield, Tennessee, and for [H.R. 3881] other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STONES RIVER NATIONAL BATTLEFIELD BOUNDARY CHANGE. The Act entitled "An Act to amend the boundaries of Stones River National Battlefield, Tennessee, and for other purposes", approved December 23, 1987 (101 Stat. 1433), is amended as follows: 16 USC 426n. (1) In the first sentence of section 1(a) strike "numbered 327/ 80,001, and dated March 1987" and insert "numbered 327/ 80,004B, and dated November 1991". (2) In section 1(b), insert "(1)" after "LANDS. —", and add at the end thereof the following: "(2)(A) Before acquiring any lands under this Act where the surface of such lands has been substantially disturbed or which are believed by the Secretary to contain hazardous substances, the Secretary shall prepare a report on the potential hazardous substances associated with such lands and the estimated cost of restoring such lands, together with a plan of the remedial measures necessary to allow acquisition of such lands to proceed in a timely manner, consistent with the requirements of subparagraph (B). The Secretary shall submit such report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives. "(B) The Secretary shall not acquire any lands under this Act if the Secretary determines that such lands, or any portion thereof, have become contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601)). "(3)(A) Except for property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use, an owner of improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain, as a condition of such acquisition, a right of use and occupancy of the property for such residential purposes. The right retained may be for a definite term which shall not exceed 25 years or, in lieu thereof, for a term ending at the death of the owner or the death of the spouse, whichever is later. The owner shall elect the term to be retained. The Secretary shall pay the owner the fair market value of the property on the date of such acquisition, less the fair market value of the term retained by the owner. "(B) Any right of use and occupancy retained pursuant to this section may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of