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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 418. Repealed. Feb. 20, 1931, ch. 235, 46 Stat. 1191
-MISC1-
Section, act Mar. 3, 1925, ch. 418, 43 Stat. 1104, was in opinion
of Judge Advocate General repealed by act Feb. 20, 1931, providing
that no real estate of the Department of the Army should be
disposed of without authority of Congress and providing "all
existing acts or parts thereof in conflict with this proviso, other
than special acts for the sale of stated tracts of land, are hereby
repealed." See J.A.G. 611, Dec. 3, 1931.
-End-
-CITE-
16 USC Sec. 419 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 419. Transferred
-COD-
CODIFICATION
Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790, which related
to rights-of-way for electrical plants, was transferred to section
79 of this title.
-End-
-CITE-
16 USC Sec. 420 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 420. Rights-of-way through military and other reservations for
power and communications facilities
-STATUTE-
The head of the department having jurisdiction over the lands is
authorized and empowered, under general regulations to be fixed by
him, to grant an easement for rights-of-way, for a period not
exceeding fifty years from the date of the issuance of such grant,
over, across, and upon the public lands and reservations of the
United States for electrical poles and lines for the transmission
and distribution of electrical power, and for poles and lines for
communication purposes, and for radio, television, and other forms
of communication transmitting, relay, and receiving structures and
facilities, to the extent of two hundred feet on each side of the
center line of such lines and poles and not to exceed four hundred
feet by four hundred feet for radio, television, and other forms of
communication transmitting, relay, and receiving structures and
facilities, to any citizen, association, or corporation of the
United States, where it is intended by such to exercise the
right-of-way herein granted for any one or more of the purposes
herein named: Provided, That such right-of-way shall be allowed
within or through any national park, military or any other
reservation only upon the approval of the chief officer of the
department under whose supervision or control such reservation
falls, and upon a finding by him that the same is not incompatible
with the public interest: Provided further, That all or any part of
such right-of-way may be forfeited and annulled by declaration of
the head of the department having jurisdiction over the lands for
nonuse for a period of two years or for abandonment.
Any citizen, association, or corporation of the United States to
whom there has been issued a permit prior to March 4, 1911, for any
of the purposes specified herein under any law existing at that
date, may obtain the benefit of this section upon the same terms
and conditions as shall be required of citizens, associations, or
corporations making application under the provisions of this
section subsequent to such date.
-SOURCE-
(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66
Stat. 95.)
-STATAMEND-
REPEALS
Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National
Forest System.
-COD-
CODIFICATION
Section, insofar as it relates to right-of-way in national parks
and other reservations, is also set out as section 5 of this title;
insofar as it relates to rights-of-way in national forests, is set
out as section 523 of this title; and, insofar as it relates to
rights-of-way on public lands generally, and Indian reservations,
is set out as section 961 of Title 43, Public Lands.
-MISC1-
AMENDMENTS
1952 - Act May 27, 1952, inserted reference to rights-of-way for
radio, television, and other forms of communication, and increased
from 40 feet to 400 feet the maximum width of rights-of-way for
lines and poles.
SAVINGS PROVISION
Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,
90 Stat. 2793, insofar as applicable to the issuance of
rights-of-way, not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see note set out
under section 1701 of Title 43, Public Lands.
-End-
-CITE-
16 USC Sec. 421 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 421. Vacancies occurring in commissions in charge of parks not
to be filled
-STATUTE-
Vacancies occurring by death or resignation in the membership of
the several commissions in charge of national military parks shall
not be filled, and the duties of the offices thus vacated shall
devolve upon the remaining commissioners or commissioner for each
of said parks. As vacancies occur the Secretary of the Army shall
become ex officio a member of the commission effected with full
authority to act with the remaining commissioners or commissioner,
and in case of the vacation of all the offices of commissioner in
any one park hereunder the duties of such commission shall
thereafter be performed under the direction of the Secretary of the
Army.
-SOURCE-
(Aug. 24, 1912, ch. 355, Sec. 1, 37 Stat. 442; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501.)
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of certain national military parks
transferred to Department of the Interior by Ex. Ord. No. 6166,
Sec. 2, June 10, 1933, and Ex. Ord. No. 6228, Sec. 1, July 28,
1933, set out as a note under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, Sec.
2, June 10, 1933, by act Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat.
389.
SECRETARY OF THE AIR FORCE
For transfer of certain membership functions to Secretary of the
Air Force, without prejudice to continued membership of Secretary
of the Army, see Secretary of Defense Transfer Order No. 40, July
22, 1949.
-End-
-CITE-
16 USC Sec. 422 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422. Moores Creek National Battlefield; establishment
-STATUTE-
In order to preserve for historical and professional military
study one of the most memorable battles of the Revolutionary War,
the battlefield of Moores Creek, in the State of North Carolina, is
declared to be a national battlefield whenever the title to the
same shall have been acquired by the United States; that is to say,
the area inclosed by the following lines:
Those tracts or parcels of land in the county of Pender, and
State of North Carolina, more particularly described as follows:
First tract: Beginning at a stone at the run of Moores Creek, on
the east bank of same, about twenty poles (in a straight line)
above the new iron bridge, and running thence parallel to William
Walker's line, south sixty-two and one-half degrees west eleven
chains to a stake; thence south seven and one-half degrees east
three and six-tenths chains to a stone at the south edge of the old
stage road; thence along the south edge of said road south
forty-six degrees east about five chains and eighty links to a
stone; thence south thirty-seven and one-fourth degrees west
fourteen chains and twelve links to a stone; thence north sixty-two
and one-half degrees west ten chains and seventy-five links to a
stone, a corner (4) of an eight-acre tract which the parties of the
first part conveyed to Governor D. L. Russell, for the purposes
aforesaid, by a deed dated January, 1898, and recorded in Pender
County; thence with the lines of said tract north thirty-nine and
one-half degrees east thirteen chains and twenty-seven links to a
stake, the third corner of the said eight-acre tract; thence north
fifty-one degrees west four chains to a stake about twenty feet
from the old entrenchment (the second corner of the eight-acre
tract); thence with the first line reversed north forty-four
degrees west two chains to a sweet gum at the run of Moores Creek
(the first corner of the eight-acre tract); thence up and with the
run of said creek to the first station, containing twenty acres.
Second tract: Beginning at a sweet gum on the eastern edge of
Moores Creek, running thence south forty-four degrees east two
poles to a stake; thence south fifty-one degrees east four poles
five links to a stake; thence south thirty-nine degrees west
thirteen poles twenty-seven links to a stake; thence north
fifty-one degrees west nine poles thirty-one links to a stake in
the edge of Moores Creek; thence northerly with the creek to the
beginning, containing eight acres more or less.
Third tract: Beginning at a cypress on the edge of the run of
Moores Creek about twenty feet from the west end of the old
entrenchments and running thence in a line parallel to and ten feet
distance from the outside or east edge of the old line of
entrenchments in all the various courses of the same to a stake ten
feet distant on the east side of the north end of said
entrenchments; thence a direct line to the run of said Moores
Creek; thence down said creek to the beginning, containing two
acres, be the same more or less (the intention is to include all
lands now known and designated as Moores Creek battlefield and now
so recognized as such and owned by the State of North Carolina),
together with all the privileges and appurtenances thereunto
belonging.
The aforesaid tracts of land containing in the aggregate thirty
acres, more or less, and being the property of the State of North
Carolina, and the area thus inclosed shall be known as the Moores
Creek National Battlefield.
-SOURCE-
(June 2, 1926, ch. 448, Sec. 1, 44 Stat. 684; Pub. L. 96-344, Sec.
12, Sept. 8, 1980, 94 Stat. 1136.)
-CHANGE-
CHANGE OF NAME
In the first undesignated par., "battlefield" substituted for
"military park" and in last undesignated par., "Battlefield"
substituted for "Military Park" on authority of Pub. L. 96-344,
Sec. 12, Sept. 8, 1980, 94 Stat. 1136, which redesignated Moores
Creek National Military Park as Moores Creek National Battlefield.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 422a of this title.
-End-
-CITE-
16 USC Sec. 422a 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422a. Acceptance of lands
-STATUTE-
The establishment of the Moores Creek National Battlefield shall
be carried forward under the control and direction of the Secretary
of the Interior, who is authorized to receive from the State of
North Carolina a deed of conveyance to the United States of all the
lands belonging to the said State, embracing thirty acres, more or
less, and described more particularly in section 422 of this title.
-SOURCE-
(June 2, 1926, ch. 448, Sec. 2, 44 Stat. 685; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 96-344, Sec. 12, Sept. 8, 1980, 94 Stat. 1136.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "Military Park" on
authority of Pub. L. 96-344, Sec. 12, Sept. 8, 1980, 94 Stat. 1136,
which redesignated Moores Creek National Military Park as Moores
Creek National Battlefield.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Moores Creek National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as a note under section 901 of Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC Sec. 422a-1 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422a-1. Acquisition of property
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to acquire by donation, purchase, or exchange lands, buildings,
structures, and other property, or interests therein, which he may
determine to be of historical interest in connection with the
Moores Creek National Battlefield, the title to such property or
interests to be satisfactory to the Secretary of the Interior:
Provided, That the area acquired pursuant to this section shall not
exceed one hundred acres. All such property and interests, upon
acquisition by the Federal Government, shall be a part of the
Moores Creek National Battlefield and shall be subject to all laws
and regulations applicable thereto.
-SOURCE-
(Sept. 27, 1944, ch. 417, Sec. 1, 58 Stat. 746; Pub. L. 93-477,
title IV, Sec. 402, Oct. 26, 1974, 88 Stat. 1447; Pub. L. 96-344,
Sec. 12, Sept. 8, 1980, 94 Stat. 1136.)
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-477 substituted "acquire by donation, purchase,
or exchange" for "accept in behalf of the United States donations
of", and "acquired" for "to be accepted".
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "Military Park" on
authority of Pub. L. 96-344, Sec. 12, Sept. 8, 1980, 94 Stat. 1136,
which redesignated Moores Creek National Military Park as Moores
Creek National Battlefield.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 422a-2 of this title.
-End-
-CITE-
16 USC Sec. 422a-2 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422a-2. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of section 422a-1 of this
title, but not more than $243,000 shall be appropriated for the
acquisition of lands and interests in lands and not more than
$325,000 shall be appropriated for development.
-SOURCE-
(Sept. 27, 1944, ch. 417, Sec. 2, as added Pub. L. 93-477, title I,
Sec. 101(7), Oct. 26, 1974, 88 Stat. 1445.)
-End-
-CITE-
16 USC Sec. 422b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422b. Duties of Secretary of the Interior
-STATUTE-
The affairs of the Moores Creek National Battlefield shall be
subject to the supervision and direction of the Secretary of the
Interior, and it shall be the duty of the Interior Department,
under the direction of the Secretary of the Interior, to open or
repair such roads as may be necessary to the purposes of the
battlefield, and to ascertain and mark with historical tablets or
otherwise, as the Secretary of the Interior may determine, all
lines of battle of the troops engaged in the Battle of Moores
Creek, and other historical points of interest pertaining to the
battle within the battlefield or its vicinity; and the Secretary of
the Interior in establishing this battlefield is authorized to
employ such labor and services and to obtain such supplies and
material as may be considered best for the interest of the
Government, and the Secretary of the Interior shall make and
enforce all needed regulations for the care of the battlefield.
-SOURCE-
(June 2, 1926, ch. 448, Sec. 3, 44 Stat. 685; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 96-344, Sec. 12, Sept. 8, 1980, 94 Stat. 1136.)
-CHANGE-
CHANGE OF NAME
"Battlefield" and "battlefield" substituted in text for "Military
Park" and "park", respectively, on authority of Pub. L. 96-344,
Sec. 12, Sept. 8, 1980, 94 Stat. 1136, which redesignated Moores
Creek National Military Park as Moores Creek National Battlefield.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 422a of this title.
-End-
-CITE-
16 USC Sec. 422c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422c. Ascertaining and marking of lines of battle
-STATUTE-
It shall be lawful for any State that had troops engaged in the
battle of the Moores Creek National Battlefield, to enter upon the
same for the purpose of ascertaining and marking the lines of
battle of its troops engaged therein: Provided, That before any
such lines are permanently designated the position of the lines and
the proposed methods of marking them by monuments, tablets, or
otherwise, shall be submitted to and approved by the Secretary of
the Interior; and all such lines, designs, and inscriptions for the
same shall first receive the written approval of the Secretary of
the Interior.
-SOURCE-
(June 2, 1926, ch. 448, Sec. 4, 44 Stat. 686; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 96-344, Sec. 12, Sept. 8, 1980, 94 Stat. 1136.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "Military Park" on
authority of Pub. L. 96-344, Sec. 12, Sept. 8, 1980, 94 Stat. 1136,
which redesignated Moores Creek National Military Park as Moores
Creek National Battlefield.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 422a of this title.
-End-
-CITE-
16 USC Sec. 422d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 422d. Monuments, etc., protected
-STATUTE-
If any person shall, except by permission of the Secretary of the
Interior, destroy, deface, injure, or remove any monument, column,
statues, memorial structures, or work of art, which shall be placed
upon the grounds of the park by lawful authority, or shall destroy
or remove any fence, railing, inclosure, or other mark for the
protection or ornamentation of said park, or any portion thereof,
or shall destroy, cut, hack, bark, break down, or otherwise injure
any tree, brush, or shrubbery that may be growing upon said park,
or shall cut down or remove or fell any timber, battle relic, tree,
or tree growing upon said park, or hunt within the limits of the
park, any person so offending and found guilty thereof before any
justice of the peace of the county of Pender, State of North
Carolina, shall, for each and every offense, forfeit and pay a
fine, in the discretion of the justice, according to the
aggravation of the offense, of not less than $5 nor more than $50,
one-half for the use of the park and the other half to the
informer, to be enforced and recovered before such justice in like
manner as fines of like nature were, on June 2, 1926, by law
recoverable in the said county of Pender, State of North Carolina.
-SOURCE-
(June 2, 1926, ch. 448, Sec. 5, 44 Stat. 686; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933.)
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 422a of this title.
-End-
-CITE-
16 USC Sec. 423 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423. Petersburg National Battlefield; establishment
-STATUTE-
In order to commemorate the campaign and siege and defense of
Petersburg, Virginia, in 1864 and 1865 and to preserve for
historical purposes the breastworks, earthworks, walls, or other
defenses or shelters used by the armies therein, the battle fields
at Petersburg, in the State of Virginia, are declared a national
battlefield whenever the title to the same shall have been acquired
by the United States by donation and the usual jurisdiction over
the lands and roads of the same shall have been granted to the
United States by the State of Virginia - that is to say, one
hundred and eighty-five acres or so much thereof as the Secretary
of the Interior may deem necessary in and about the city of
Petersburg, State of Virginia.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 1, 44 Stat. 822; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"National battlefield" substituted in text for "national military
park" in view of redesignation of Petersburg National Military Park
as Petersburg National Battlefield by Pub. L. 87-603. See section
423h-1 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Petersburg National Military Park
transferred to Department of the Interior by Ex. Ord. Nos. 6166 and
6228, set out as notes under section 901 of Title 5, Government
Organization and Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, Sec.
2, by act Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389.
-MISC1-
TRANSFER OF PORTION OF LANDS TO SECRETARY OF THE ARMY
Act June 5, 1942, ch. 345, 56 Stat. 322, provided: "That the
Secretary of the Interior shall transfer to the Secretary of War
[Army] jurisdiction over all lands owned by the United States lying
south and east of the Hickory Hill Road within the Petersburg
National Military Park in the Commonwealth of Virginia. Upon the
date of the transfer, the lands shall cease to be a part of the
Petersburg National Military Park and the Secretary of War [Army]
shall thereafter administer the lands for military purposes."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423a. Acceptance of donations of lands
-STATUTE-
The Secretary of the Interior is authorized to accept, on behalf
of the United States, donations of lands, interests therein, or
rights pertaining thereto required for the Petersburg National
Battlefield.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 2, 44 Stat. 822; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Petersburg National Battlefield" substituted in text for
"Petersburg National Military Park" pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423a-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423a-1. Addition of lands
-STATUTE-
The Department of the Army is authorized and directed to transfer
to the Department of the Interior, without reimbursement, two
tracts of land, comprising two hundred six acres, more or less,
situated on either side of Siege Road adjacent to Petersburg
National Battlefield, Virginia. Upon completion of such transfer,
all lands, interest in lands, and other property in Federal
ownership and under the administration of the National Park Service
as a part of or in conjunction with Petersburg National
Battlefield, in and about the city of Petersburg, Virginia, and
comprising one thousand five hundred thirty-one acres, more or
less, upon publication of the description thereof in the Federal
Register by the Secretary of the Interior, shall constitute the
Petersburg National Battlefield.
-SOURCE-
(Sept. 7, 1949, ch. 543, Sec. 1, 63 Stat. 691; Pub. L. 87-603, Sec.
1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Petersburg National Battlefield" substituted in text for
"Petersburg National Military Park" pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 423h-1 of this title.
-End-
-CITE-
16 USC Sec. 423a-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423a-2. Adjustment of boundary
-STATUTE-
The Secretary of the Interior is further authorized to adjust the
boundary of the Petersburg National Battlefield through purchase,
exchange, or transfer: Provided, That in doing so the total area of
the battlefield will not be increased and that such changes will
become effective upon publication of the description thereof in the
Federal Register by the Secretary of the Interior.
-SOURCE-
(Sept. 7, 1949, ch. 543, Sec. 2, 63 Stat. 692; Pub. L. 87-603, Sec.
1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Petersburg National Battlefield" and "battlefield" substituted
in text for "Petersburg National Military Park" and "park",
respectively, in view of redesignation of Petersburg National
Military Park as Petersburg National Battlefield by Pub. L. 87-603.
See section 423h-1 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 423h-1 of this title.
-End-
-CITE-
16 USC Sec. 423b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423b. Commission; organization
-STATUTE-
The affairs of the Petersburg National Battlefield shall, subject
to the supervision and direction of the Secretary of the Interior,
be in charge of three commissioners, consisting of Army officers,
civilians, or both, to be appointed by the Secretary of the
Interior, one of whom shall be designated as chairman and another
as secretary of the commission.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 3, 44 Stat. 822; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Petersburg National Battlefield" substituted in text for
"Petersburg National Military Park" pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423c. Duties of commission
-STATUTE-
It shall be the duties of the commissioners, under the direction
of the Secretary of the Interior, to superintend the opening or
repair of such roads as may be necessary to the purposes of the
battlefield, and to ascertain and mark with historical tablets or
otherwise, as the Secretary of the Interior may determine, all
breastworks, earthworks, walls, or other defenses or shelters,
lines of battle, location of troops, buildings, and other
historical points of interest within the battlefield or in its
vicinity, and the said commission in establishing the battlefield
shall have authority, under the direction of the Secretary of the
Interior, to employ such labor and service at rates to be fixed by
the Secretary of the Interior, and to obtain such supplies and
materials as may be necessary to carry out the provisions of
sections 423, 423a, and 423b to 423h of this title.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 4, 44 Stat. 822; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Petersburg National Military Park as Petersburg
National Battlefield by Pub. L. 87-603. See section 423h-1 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423d, 423h-1, 423h-2 of
this title.
-End-
-CITE-
16 USC Sec. 423d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423d. Acceptance and disposition of gifts
-STATUTE-
The commission, acting through the Secretary of the Interior, is
authorized to receive gifts and contributions from States,
Territories, societies, organizations, and individuals for the
Petersburg National Battlefield: Provided, That all contributions
of money received shall be deposited in the Treasury of the United
States and credited to a fund to be designated "Petersburg National
Battlefield Fund", which fund shall be applied to and expended
under the direction of the Secretary of the Interior, for carrying
out the provisions of sections 423, 423a, and 423b to 423h of this
title.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 5, 44 Stat. 822; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Petersburg National Battlefield" substituted in text for
"Petersburg National Military Park" pursuant to Pub. L. 87-603. See
section 423h-1 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423h-1, 423h-2 of
this title.
-End-
-CITE-
16 USC Sec. 423e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423e. Ascertaining and marking lines of battle
-STATUTE-
It shall be lawful for the authorities of any State having had
troops engaged at Petersburg, to enter upon the lands and
approaches of the Petersburg National Battlefield for the purpose
of ascertaining and marking the lines of battle of troops engaged
therein: Provided, That before any such lines are permanently
designated, the position of the lines and the proposed methods of
marking them by monuments, tablets, or otherwise, including the
design and inscription for the same, shall be submitted to the
Secretary of the Interior and shall first receive written approval
of the Secretary, which approval shall be based upon formal written
reports to be made to him in each case by the commissioners of the
battlefield: Provided, That no discrimination shall be made against
any State as to the manner of designating lines, but any grant made
to any State by the Secretary of the Interior may be used by any
other State.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 6, 44 Stat. 823; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Petersburg National Battlefield" and "battlefield" substituted
in text for "Petersburg National Military Park" and "park",
respectively, in view of redesignation of Petersburg National
Military Park as Petersburg National Battlefield by Pub. L. 87-603.
See section 423h-1 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423f. Protection of monuments, etc.
-STATUTE-
If any person shall, except by permission of the Secretary of the
Interior, destroy, mutilate, deface, injure, or remove any
monument, column, statues, memorial structures, or work of art that
shall be erected or placed upon the grounds of the battlefield by
lawful authority, or shall destroy or remove any fence, railing,
inclosure, or other work for the protection or ornament of said
battlefield, or any portion thereof, or shall destroy, cut, hack,
bark, break down, or otherwise injure any tree, bush, or shrubbery
that may be growing upon said battlefield, or shall cut down or
fell or remove any timber, battle relic, tree or trees growing or
being upon said battlefield, or hunt within the limits of the
battlefield, or shall remove or destroy any breastworks,
earthworks, walls, or other defenses or shelter or any part thereof
constructed by the armies formerly engaged in the battles on the
lands or approaches to the battlefield, any person so offending and
found guilty thereof, before any United States magistrate judge or
court, justice of the peace of the county in which the offense may
be committed, or any other court of competent jurisdiction, shall
for each and every such offense forfeit and pay a fine, in the
discretion of the said United States magistrate judge or court,
justice of the peace or other court, according to the aggravation
of the offense, of not less than $5 nor more than $500, one-half
for the use of the battlefield and the other half to the informant,
to be enforced and recovered before such United States magistrate
judge or court, justice of the peace or other court, in like manner
as debts of like nature were, on July 3, 1926, by law recoverable
in the several counties where the offense may be committed.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 7, 44 Stat. 823; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403; Pub. L.
90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted for "park" wherever appearing in text,
in view of redesignation of Petersburg National Military Park as
Petersburg National Battlefield by Pub. L. 87-603. See section
423h-1 of this title.
"United States magistrate judge" substituted for "United States
magistrate" wherever appearing in text pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure. Previously, "United States
magistrate" substituted for "United States commissioner" pursuant
to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423g. Rules and regulations
-STATUTE-
The Secretary of the Interior, subject to the approval of the
President, shall have the power to make and shall make all needful
rules and regulations for the care of the battlefield, and for the
establishment and marking of lines of battle and other historical
features of the battlefield.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 8, 44 Stat. 823; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Petersburg National Military Park as Petersburg
National Military Battlefield by Pub. L. 87-603. See section 423h-1
of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423h. Report of completion; superintendent of battlefield
-STATUTE-
Upon completion of the acquisition of the land and the work of
the commission, the Secretary of the Interior shall render a report
thereon to Congress, and thereafter the battlefield shall be placed
in charge of a superintendent at a salary to be fixed by the
Secretary of the Interior and paid out of the appropriation
available for the maintenance of the battlefield.
-SOURCE-
(July 3, 1926, ch. 746, Sec. 9, 44 Stat. 823; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Petersburg National Military Park as Petersburg
National Military Battlefield by Pub. L. 87-603. See section 423h-1
of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 423 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 423c, 423d, 423h-1,
423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423h-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423h-1. Redesignation of park
-STATUTE-
The Petersburg National Military Park, established under
authority of sections 423, 423a, and 423b to 423h of this title,
and enlarged pursuant to sections 423a-1 and 423a-2 of this title,
is redesignated the Petersburg National Battlefield.
-SOURCE-
(Pub. L. 87-603, Sec. 1, Aug. 24, 1962, 76 Stat. 403.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 423h-2 of this title.
-End-
-CITE-
16 USC Sec. 423h-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423h-2. Acquisition of lands; publication in Federal Register;
administration
-STATUTE-
The Secretary of the Interior, in furtherance of the purposes of
sections 423, 423a, and 423b to 423h of this title referred to in
section 423h-1 of this title, may acquire by purchase with donated
or appropriated funds, exchange, transfer, or by such other means
as he deems to be in the public interest, not to exceed twelve
hundred acres of land or interests in land at the site of the
Battle of Five Forks for addition to the Petersburg National
Battlefield. Lands and interests in lands acquired by the Secretary
pursuant to this section shall, upon publication of a description
thereof in the Federal Register, become a part of the Petersburg
National Battlefield, and thereafter shall be administered by the
Secretary of the Interior in accordance with the provisions of
sections 1, 2, 3, and 4 of this title, as amended and supplemented.
-SOURCE-
(Pub. L. 87-603, Sec. 2, Aug. 24, 1962, 76 Stat. 403.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 423h-3 of this title.
-End-
-CITE-
16 USC Sec. 423h-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423h-3. Authorization of appropriation
-STATUTE-
There are authorized to be appropriated such sums, but not more
than $90,000, as are necessary to acquire land pursuant to section
423h-2 of this title.
-SOURCE-
(Pub. L. 87-603, Sec. 3, Aug. 24, 1962, 76 Stat. 403.)
-End-
-CITE-
16 USC Sec. 423i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423i. Omitted
-COD-
CODIFICATION
Section, act July 3, 1926, ch. 746, Sec. 10, 44 Stat. 823,
appropriated $15,000 for carrying out provisions of sections 423,
423a, 423b to 423h of this title to be available until expended.
-End-
-CITE-
16 USC Secs. 423j to 423l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Secs. 423j to 423l. Repealed. Pub. L. 106-511, title V, Sec. 507,
Nov. 13, 2000, 114 Stat. 2376
-MISC1-
Section 423j, act Mar. 2, 1936, ch. 113, Sec. 1, 49 Stat. 1155,
related to establishment of Richmond National Battlefield Park.
Section 423k, act Mar. 2, 1936, ch. 113, Sec. 2, 49 Stat. 1156,
related to acceptance of donations of lands and funds and
acquisitions of lands for Richmond National Battlefield Park.
Section 423l, act Mar. 2, 1936, ch. 113, Sec. 3, 49 Stat. 1156,
related to administration, protection, and development of Richmond
National Battlefield Park.
See sections 423l-1 to 423l-6 of this title.
-End-
-CITE-
16 USC Sec. 423l-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 423l-1. Short title; definitions
-STATUTE-
(a) Short title
Sections 423l-1 to 423l-6 of this title may be cited as the
"Richmond National Battlefield Park Act of 2000".
(b) Definitions
In sections 423l-1 to 423l-6 of this title:
(1) Battlefield park
The term "battlefield park" means the Richmond National
Battlefield Park.
(2) Secretary (continued)