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(continued)
Territories, societies, organizations, and individuals for the said
Fredericksburg and Spotsylvania County Battle Fields Memorial:
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 "Fredericksburg and Spotsylvania County
Battle Fields Memorial 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 425 to 425j of this title.
-SOURCE-
(Feb. 14, 1927, ch. 127, Sec. 6, 44 Stat. 1093; 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 425 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425, 425d, 425j, 425k of
this title.
-End-
-CITE-
16 USC Sec. 425f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425f. Ascertaining and marking lines of battle
-STATUTE-
It shall be lawful for the authorities of any State having had
troops engaged in said battles of Fredericksburg, Spotsylvania
Court House, Wilderness, and Chancellorsville, including Salem
Church, or in any of said battles, to enter upon the lands and
approaches of the Fredericksburg and Spotsylvania County Battle
Fields Memorial for the purposes 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 park: Provided, That
no discrimination shall be made against any State as to the manner
of designing lines, but any grant made to any State by the
Secretary of the Interior may be used by any other State.
-SOURCE-
(Feb. 14, 1927, ch. 127, Sec. 7, 44 Stat. 1093; 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 425 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425, 425d, 425e, 425j,
425k of this title.
-End-
-CITE-
16 USC Sec. 425g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425g. 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, statue, memorial structure, or work of art that
shall be erected or placed upon the grounds of the park by lawful
authority, or shall destroy or remove any fence, railing,
inclosure, or other work for the protection or ornament of said
park, 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 park, or shall cut down or fell or remove
any timber, battle relic, tree or trees growing or being upon said
park, or hunt within the limits of the park, 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 park, any
person so offending and found guilty thereof before any justice of
the peace of the county in which the offense may be committed, or
any court of competent jurisdiction, shall for each and every such
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 debts of like nature were, on February
14, 1927, by law recoverable in the several counties where the
offense may be committed.
-SOURCE-
(Feb. 14, 1927, ch. 127, Sec. 8, 44 Stat. 1094; 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 425 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425, 425d, 425e, 425j,
425k of this title.
-End-
-CITE-
16 USC Sec. 425h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425h. 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 park, and for the
establishment and marking of lines of battle and other historical
features of the park.
-SOURCE-
(Feb. 14, 1927, ch. 127, Sec. 9, 44 Stat. 1094; 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 425 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425, 425d, 425e, 425j,
425k of this title.
-End-
-CITE-
16 USC Sec. 425i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425i. Report of completion of acquisition of land and work of
commission; superintendent of park
-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 park 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 park.
-SOURCE-
(Feb. 14, 1927, ch. 127, Sec. 10, 44 Stat. 1094; 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 425 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425, 425d, 425e, 425j,
425k of this title.
-End-
-CITE-
16 USC Sec. 425j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425j. Authorization of appropriation
-STATUTE-
To enable the Secretary of the Interior to begin to carry out the
provisions of sections 425 to 425j of this title, including the
condemnation, purchase, or lease of the necessary lands, surveys,
maps, marking the boundaries of the park, opening, constructing, or
repairing necessary roads, pay and expenses of commissioners,
salaries for labor and services, traveling expenses, supplies and
materials, the sum of $50,000 is authorized to be appropriated out
of any money in the Treasury not otherwise appropriated, to remain
available until expended, and such additional sums are authorized
to be appropriated from time to time as may be necessary for the
completion of the project and for the proper maintenance of said
park. All disbursements under said sections shall be annually
reported by the Secretary of the Interior to Congress.
-SOURCE-
(Feb. 14, 1927, ch. 127, Sec. 11, 44 Stat. 1094; 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 425 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425, 425d, 425e, 425k of
this title.
-End-
-CITE-
16 USC Sec. 425k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425k. Revision of park boundaries
-STATUTE-
(a) Boundary revision
In furtherance of the purposes of sections 425 to 425j of this
title, the Fredericksburg and Spotsylvania County Battlefields
Memorial National Military Park (hereinafter in sections 425k to
425o of this title referred to as the "park") shall hereafter
comprise the lands and interests in lands within the boundary
generally depicted as "Proposed Park Boundary" on the maps entitled
"Fredericksburg and Spotsylvania National Military Park", numbered
326-40075D/89, 326-40074E/89, 326-40069B/89, 326-40070D/89,
326-40071C/89, 326-40076A/89, and 326-40073D/89, and dated June
1989, and the map entitled "Fredericksburg and Spotsylvania
National Military Park," numbered 326-40072E/89/A and dated
September 1990. The maps shall be on file and available for public
inspection in the Office of the National Park Service, Department
of the Interior.
(b) Excluded lands
Lands and interests in lands within the boundary depicted on the
maps referred to in subsection (a) of this section as "Existing
Park Boundary" but outside of the boundary depicted as "Proposed
Park Boundary" are hereby excluded from the park, in accordance
with the provisions of section 425l(b) of this title. The Secretary
of the Interior (hereinafter referred to as the "Secretary") may
relinquish to the Commonwealth of Virginia exclusive or concurrent
legislative jurisdiction over lands excluded from the park by this
section by filing with the Governor a notice of relinquishment.
Such relinquishment shall take effect upon acceptance thereof, or
as the laws of the Commonwealth may otherwise provide.
-SOURCE-
(Pub. L. 101-214, Sec. 2, Dec. 11, 1989, 103 Stat. 1849; Pub. L.
102-541, Sec. 2(a), Oct. 27, 1992, 106 Stat. 3565; Pub. L. 106-150,
Sec. 1(c), Dec. 9, 1999, 113 Stat. 1730.)
-MISC1-
AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-150 substituted "Spotsylvania
National" for "Spotslyvania National".
1992 - Subsec. (a). Pub. L. 102-541 struck out "326-40072E/89,"
after "326-40071C/89." and substituted "1989, and the map entitled
'Fredericksburg and Spotsylvania National Military Park,' numbered
326-40072E/89/A and dated September, 1990." for "1989."
EFFECTIVE DATE OF 1992 AMENDMENT
Section 2(a)(2) of Pub. L. 102-541 provided in part that
amendment of this section by Pub. L. 102-541 was not to be
effective until the lands included within the proposed new
boundaries of the Fredericksburg and Spotsylvania County
Battlefields Memorial National Military Park pursuant to Pub. L.
102-541 had been donated to the Secretary of the Interior, prior to
repeal by Pub. L. 106-150, Sec. 1(a), Dec. 9, 1999, 113 Stat. 1730.
SHORT TITLE
Section 1 of Pub. L. 101-214 provided that: "This Act [enacting
this section and sections 425l to 425o of this title] may be cited
as the 'Fredericksburg and Spotsylvania County Battlefields
Memorial National Military Park Expansion Act of 1989'."
CONGRESSIONAL FINDINGS RELATING TO PARK EXPANSION
Section 1 of Pub. L. 102-541 provided that: "Congress finds that
the land area near Fredericksburg and Spotsylvania County
Battlefields Memorial National Military Park, Virginia, located
south and west of the intersection of the Orange Plank Road and
Brock Road in Spotsylvania County was strategically significant
ground associated with the battle of the Civil War known as the
Battle of the Wilderness, and that the tract of land adjacent to
such area known as 'Longstreet's Flank Attack' was also
strategically significant to that battle."
ACQUISITION OF CERTAIN LANDS BY DONATION ONLY
Section 2(b) of Pub. L. 102-541 provided that lands included
within the boundaries of the Fredericksburg and Spotsylvania County
Battlefields Memorial National Military Park pursuant to that
section, amending this section and enacting provisions formerly set
out as a note above, could be acquired only by donation, prior to
repeal by Pub. L. 106-150, Sec. 1(b)(2), Dec. 9, 1999, 113 Stat.
1730.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425l, 425m, 425o of this
title.
-End-
-CITE-
16 USC Sec. 425l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425l. Acquisitions and conveyances
-STATUTE-
(a) Acquisition
(1) Except as provided in paragraph (2), the Secretary is
authorized to acquire lands and interests in lands within the park,
by donation, purchase with donated or appropriated funds or by
exchange.
(2) The lands designated "P04-04" on the map referred to in
section 425k(a) of this title numbered 326-40072E/89/A and dated
September 1990 may be acquired only by donation, and the lands
designated "P04-01", "P04-02", and "P04-03" on such map may be
acquired only by donation, purchase from willing sellers, or
exchange.
(b) Conveyance of lands excluded from park
(1) The Secretary is authorized, in accordance with applicable
existing law, to exchange Federal lands and interests excluded from
the park pursuant to section 425k(b) of this title for the purpose
of acquiring lands within the park boundary.
(2) If any such Federal lands or interests are not exchanged
within five years after December 11, 1989, the Secretary may sell
any or all such lands or interests to the highest bidder, in
accordance with such regulations as the Secretary may prescribe,
but any such conveyance shall be at not less than the fair market
value of the land or interest, as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to
this subsection shall be subject to such terms and conditions as
will assure the use of the property in a manner which, in the
judgment of the Secretary, will protect the battlefield setting.
Notwithstanding any other provision of law, the net proceeds from
any such sale or exchange shall be used, subject to appropriations,
to acquire lands and interests within the park.
(c) Alternative access
In order to facilitate the acquisition by the United States of
existing easements or rights of access across Federal lands within
the park and to provide the owners of such easements or rights of
access with alternative rights of access across nonpark lands, the
Secretary may acquire, by donation, purchase with donated or
appropriated funds, or exchange, interests in land of similar
estate across lands which are not within the park. With or without
the acceptance of payment of cash to equalize the values of the
properties, the Secretary may convey such nonpark lands or
interests in lands to the holders of such existing easements or
rights of access across Federal lands within the park in exchange
for their conveyance to the United States of such easements or
rights. Nothing in sections 425k to 425o of this title shall
prohibit the Secretary from acquiring any outstanding easements or
rights of access across Federal lands by donation, purchase with
donated or appropriated funds or by exchange.
(d) Conservation easements
The Secretary is authorized to accept donations of conservation
easements on lands adjacent to the park. Such conservation
easements shall have the effect of protecting the scenic and
historic resources on park lands and the adjacent lands or
preserving the undeveloped or historic appearance of the park when
viewed from within or without the park.
(e) Other provisions
Within the area bounded by the Orange Turnpike, the Orange Plank
Road, and McLaws Drive no improved property (as defined in section
425m of this title) may be acquired without the consent of the
owner thereof unless the Secretary determines that, in his
judgment, the property is subject to, or threatened with, uses
which are having, or would have, an adverse impact on the park.
-SOURCE-
(Pub. L. 101-214, Sec. 3, Dec. 11, 1989, 103 Stat. 1849; Pub. L.
106-150, Sec. 1(b)(1), Dec. 9, 1999, 113 Stat. 1730.)
-MISC1-
AMENDMENTS
1999 - Subsec. (a). Pub. L. 106-150 designated existing
provisions as par. (1), substituted "Except as provided in
paragraph (2), the Secretary" for "The Secretary", and added par.
(2).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425k, 425m, 425o of this
title.
-End-
-CITE-
16 USC Sec. 425m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425m. Retained rights
-STATUTE-
(a) Retention of use and occupancy
With the exception of property which the Secretary determines is
necessary for development or public use, the owner or owners of
improved property acquired pursuant to sections 425k to 425o of
this title may retain a right of use and occupancy of such improved
property 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 or the owner's spouse. The owner shall elect the
term to be reserved, except that if the owner is a corporation,
trust, partnership, or any entity other than an individual, the
term shall not exceed twenty-five years. Ownership shall be
determined as of June 1, 1989. Unless the property is wholly or
partially donated, the Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less
the fair market value of the right retained by the owner.
(b) Terms and conditions
Any rights retained pursuant to this section shall be subject to
such terms and conditions as the Secretary may prescribe and may be
terminated by the Secretary upon his determination and after
reasonable notice to the owner thereof that such property is being
used for any purpose which is incompatible with the administration,
protection, or public use of the park. Such right shall terminate
by operation of law upon notification of the owner by the Secretary
and tendering to the owner an amount equal to the fair market value
of that portion of the right which remains unexpired.
(c) "Improved property" defined
As used in this section, the term "improved property" means a
year-round noncommercial single-family dwelling together with such
land, in the same ownership as the dwelling, as the Secretary
determines is reasonably necessary for the enjoyment of the
dwelling for single-family residential use.
-SOURCE-
(Pub. L. 101-214, Sec. 4, Dec. 11, 1989, 103 Stat. 1850.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425k, 425l, 425o of this
title.
-End-
-CITE-
16 USC Sec. 425n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425n. Interpretation
-STATUTE-
In administering the park, the Secretary shall take such action
as is necessary and appropriate to interpret, for the benefit of
visitors to the park and the general public, the battles of
Fredericksburg, Chancellorsville, Spotsylvania Courthouse, and the
Wilderness in the larger context of the Civil War and American
history, including the causes and consequences of the Civil War and
including the effects of the war on all the American people,
especially on the American South.
-SOURCE-
(Pub. L. 101-214, Sec. 5, Dec. 11, 1989, 103 Stat. 1851.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425k, 425l, 425m, 425o of
this title.
-End-
-CITE-
16 USC Sec. 425o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 425o. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 425k to 425o of
this title.
-SOURCE-
(Pub. L. 101-214, Sec. 6, Dec. 11, 1989, 103 Stat. 1851.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 425k, 425l, 425m of this
title.
-End-
-CITE-
16 USC Sec. 426 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426. Stones River National Battlefield; establishment;
appointment of commission
-STATUTE-
A commission is created, to be composed of the following members,
who shall be appointed by the Secretary of the Interior:
(1) A commissioned officer of the Corps of Engineers, United
States Army;
(2) A veteran of the Civil War who served honorably in the
military forces of the United States; and
(3) A veteran of the Civil War who served honorably in the
military forces of the Confederate States of America.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 1, 44 Stat. 1399; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-443, Secs. 2, 3, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
Stones River National Military Park redesignated Stones River
National Battlefield by Pub. L. 86-443. See section 426l of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Stones River 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. Administrative functions of Stones
River National Battlefield assigned to Department of the Interior
by section 3 of Pub. L. 86-443, set out as section 426m of this
title.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426a, 426c, 426e, 426j,
426k, 426n of this title.
-End-
-CITE-
16 USC Sec. 426a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426a. Qualifications of members of commission
-STATUTE-
In appointing the members of the commission created by section
426 of this title the Secretary of the Interior shall, as far as
practicable, select persons familiar with the terrain of the
battlefield of Stones River, Tennessee, and the historical events
associated therewith.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 2, 44 Stat. 1399; 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 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426b. Duties of commission
-STATUTE-
It shall be the duty of the commission, acting under the
direction of the Secretary of the Interior, to inspect the
battlefield of Stones River, Tennessee, and to carefully study the
available records and historical data with respect to the location
and movement of all troops which engaged in the battle of Stones
River, and the important events connected therewith, with a view of
preserving and marking such field for historical and professional
military study.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 3, 44 Stat. 1399; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933.)
-COD-
CODIFICATION
A provision of act Mar. 3, 1927, authorizing the submission of a
report by the commission to the Secretary of War not later than
Dec. 1, 1927, and describing the contents of such report was
omitted as executed.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426c. Assistants to commission; expenses of commission
-STATUTE-
The Secretary of the Interior is authorized to assign any
officials of the Interior Department to the assistance of the
commission if he deems it advisable. He is authorized to pay the
reasonable expenses of the commission and their assistants incurred
in the actual performance of the duties imposed upon them by
sections 426 to 426j of this title.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 4, 44 Stat. 1400; 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 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426e, 426j, 426k, 426n of
this title.
-End-
-CITE-
16 USC Sec. 426d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426d. Receipt of report of commission by Secretary of the
Interior; acquisition of land for battlefield; other duties of
Secretary
-STATUTE-
Upon receipt of the report of said commission, the Secretary of
the Interior is authorized and directed to acquire, by purchase,
when purchasable at prices deemed by him reasonable, otherwise by
condemnation, such tract or tracts of lands as are recommended by
the commission as necessary and desirable for a national
battlefield; to establish and substantially mark the boundaries of
the said battlefield; to definitely mark all lines of battle and
locations of troops within the boundaries of the battlefield and
erect substantial historical tablets at such points within the
battlefield and in the vicinity of the battlefield and its
approaches as are recommended by the commission, together with such
other points as the Secretary of the Interior may deem appropriate;
to construct the necessary roads and walks, plant trees and shrubs,
restore and care for the grounds, including the Hazen Monument:
Provided, That the entire cost of acquiring said land, including
cost of condemnation proceedings, if any, ascertainment of title,
surveys, and compensation for the land, the cost of marking the
battlefield, the expenses of the commission, and the establishment
of the national military battlefield, shall not exceed the sum of
$100,000.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 5, 44 Stat. 1400; Apr. 15, 1930, ch.
167, 46 Stat. 167; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex.
Ord. No. 6228, Sec. 1, July 28, 1933; Pub. L. 86-443, Sec. 2, Apr.
22, 1960, 74 Stat. 82.)
-MISC1-
AMENDMENTS
1930 - Act Apr. 15, 1930, inserted "military" between "national"
and "park", authorized construction of roads and walks, planting of
trees and shrubs, restoration and care of grounds, including the
Hazen Monument, and inserted "and the establishment of the national
military park" in proviso.
-CHANGE-
CHANGE OF NAME
"National battlefield" and "battlefield" substituted in text for
"national military park" and "park", respectively, in view of
redesignation of Stones River National Military Park as Stones
River National Battlefield by Pub. L. 86-443. See section 426l of
this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426e. Lands acquired declared national battlefield; name
-STATUTE-
Upon the ceding of jurisdiction by the legislature of the State
of Tennessee and the report of the Attorney General of the United
States that a perfect title has been acquired, the lands acquired
under the provisions of sections 426 to 426j of this title,
together with the area already inclosed within the national
cemetery at the battlefield of Stones River and the Government
reservation in said battlefield upon which is erected a large
monument to the memory of the officers and soldiers of General
Hazen's brigade who fell on the spot, are declared to be a national
battlefield, to be known as the Stones River National Battlefield.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 6, 44 Stat. 1400; Pub. L. 86-443, Sec.
2, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
"Stones River National Battlefield" and "national battlefield"
substituted in text for "Stones River National Park" and "national
park", respectively, in view of redesignation of Stones River
National Military Park as Stones River National Battlefield by Pub.
L. 86-443. See section 426l of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426j, 426k, 426n of
this title.
-End-
-CITE-
16 USC Sec. 426f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426f. Control of battlefield; regulations
-STATUTE-
The said Stones River National Battlefield shall be under the
control of the Secretary of the Interior, and he is authorized to
make all needed regulations for the care of the battlefield. The
superintendent of the Stones River National Cemetery shall likewise
be the superintendent of and have the custody and care of the
Stones River National Battlefield, under the direction of the
Secretary of the Interior.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 7, 44 Stat. 1400; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-443, Sec. 2, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
"Stones River National Battlefield" and "battlefield" substituted
in text for "Stones River National Park" and "park", respectively,
in view of redesignation of Stones River National Military Park as
Stones River National Battlefield by Pub. L. 86-443. See section
426l of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426g. Occupation of lands by former owners
-STATUTE-
The Secretary of the Interior is authorized to enter into
agreements, upon such nominal terms as he may prescribe, with such
present owners of the land as may desire to remain upon it, to
occupy and cultivate their present holdings, upon condition that
they will preserve the present buildings and roads, and the present
outlines of field and forest, and that they will only cut trees or
underbrush under such regulations as the Secretary may prescribe,
and that they will assist in caring for and protecting all tablets,
monuments, or such other artificial works as may from time to time
be erected by proper authority.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 8, 44 Stat. 1400; 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 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426h. Ascertaining and marking lines of battle
-STATUTE-
It shall be lawful for the authorities of any State having troops
engaged in the battle of Stones River to enter upon the lands and
approaches of the Stones River 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 shall be submitted
to the Secretary of the Interior, and shall first receive the
written approval of the Secretary.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 9, 44 Stat. 1401; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-443, Sec. 2, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
"Stones River National Battlefield" substituted in text for
"Stones River National Park" in view of redesignation of Stones
River National Military Park as Stones River National Battlefield
by Pub. L. 86-443. See section 426l of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426i. Protection of monuments, etc.
-STATUTE-
If any person shall willfully destroy, mutilate, deface, injure,
or remove any monument, column, statue, memorial structure, or work
of art that shall be erected or placed upon the grounds of the
battlefield by lawful authority, or shall willfully destroy or
remove any fence, railing, inclosure, or other work for the
protection or ornament of said battlefield, or any portion thereof;
or shall willfully 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 such
battlefield, except by permission of the Secretary of the Interior,
or shall willfully remove or destroy any breastworks, earthworks,
walls, or other defenses or shelter, or any part thereof,
constructed by the armies formerly engaged in the battle on the
lands or approaches to the battlefield, any person so offending
shall be guilty of a misdemeanor, and upon conviction thereof
before any court of competent jurisdiction, shall for each and
every such offense be fined not less than $5 nor more than $100.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 10, 44 Stat. 1401; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-443, Sec. 2, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Stones River National Military Park as Stones
River National Battlefield by Pub. L. 86-443. See section 426l of
this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 426 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426j, 426k,
426n of this title.
-End-
-CITE-
16 USC Sec. 426j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426j. Authorization of appropriation; fixing of boundaries as
condition to purchase of lands
-STATUTE-
The sum of $100,000, or so much thereof as may be necessary, is
authorized to be appropriated, out of any moneys in the Treasury
not otherwise appropriated, to be expended for the purposes of
sections 426 to 426j of this title: Provided, That no obligation
for the purchase of lands shall be incurred until the commission
has fixed the boundaries of said battlefield.
-SOURCE-
(Mar. 3, 1927, ch. 374, Sec. 11, 44 Stat. 1401; Pub. L. 86-443,
Sec. 2, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Stones River National Military Park as Stones
River National Battlefield by Pub. L. 86-443. See section 426l of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426c, 426e, 426k, 426n of
this title.
-End-
-CITE-
16 USC Sec. 426k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426k. Acquisition of additional lands
-STATUTE-
In furtherance of the purposes of sections 426 to 426j of this
title, authorizing establishment of the Stones River National
Battlefield, the Secretary of the Interior is authorized to acquire
by such means as he may deem to be in the public interest, for
inclusion in the Stones River National Battlefield, such additional
lands and interests in lands, not to exceed seven acres, as in the
discretion of the Secretary are necessary for the preservation and
interpretation of the battlefield of Stones River, Tennessee.
-SOURCE-
(Pub. L. 86-443, Secs. 1, 2, Apr. 22, 1960, 74 Stat. 82.)
-CHANGE-
CHANGE OF NAME
"Stones River National Battlefield" substituted in text for
"Stones River National Park" in view of redesignation of Stones
River National Military Park as Stones River National Battlefield
by Pub. L. 86-443. See section 426l of this title.
-End-
-CITE-
16 USC Sec. 426l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426l. Redesignation; availability of appropriations
-STATUTE-
Stones River National Military Park is redesignated as the Stones
River National Battlefield, and any remaining balance of funds
appropriated for the purpose of the Stones River National Military
Park shall be available for the purpose of Stones River National
Battlefield.
-SOURCE-
(Pub. L. 86-443, Sec. 2, Apr. 22, 1960, 74 Stat. 82.)
-End-
-CITE-
16 USC Sec. 426m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426m. Administration, protection and development
-STATUTE-
The administration, protection and development of the Stones
River National Battlefield shall be exercised by the Secretary of
the Interior in accordance with the provisions of sections 1, 2, 3,
and 4 of this title, as amended.
-SOURCE-
(Pub. L. 86-443, Sec. 3, Apr. 22, 1960, 74 Stat. 82.)
-End-
-CITE-
16 USC Sec. 426n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426n. Boundary revision of Stones River National Battlefield
-STATUTE-
(a) Expansion of Stones River National Battlefield
In furtherance of sections 426 to 426j of this title, the
boundary of Stones River National Battlefield (hereinafter referred
to as "battlefield") is hereby revised to include the lands
generally depicted on the map entitled "Boundary Map, Stones River
National Battlefield" numbered 327/80,004B, and dated November
1991. The map shall be on file and available for public inspection
in the offices of the National Park Service, Department of the
Interior and in the office of the Superintendent of the Stones
River National Battlefield.
(b) Acquisition of lands
(1) The Secretary of the Interior (hereinafter referred to as
"Secretary") is hereby authorized to acquire lands or interests
therein within the boundary of the battlefield by donation,
purchase with donated or appropriated funds, or exchange. Any lands
or interests in lands owned by the State of Tennessee or any
political subdivision thereof may be acquired only by donation.
Lands and interests therein acquired pursuant to sections 426n to
426p of this title shall become part of the battlefield, subject to
all the laws and regulations applicable thereto.
(2)(A) Before acquiring any lands under sections 426n to 426p of
this title 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 Natural Resources of the United States
House of Representatives.
(B) The Secretary shall not acquire any lands under sections 426n
to 426p of this title 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
the property in accordance with the purposes of sections 426n to
426p of this title. Upon his determination that the property, or
any portion thereof, has ceased to be so used in accordance with
such terms and conditions, the Secretary may terminate the right of
use and occupancy by tendering to the holder of such right an
amount equal to the fair market value, as of the date of the
tender, of that portion of the right which remains unexpired on the (continued)