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(continued)
date of termination.
(C) This paragraph applies only to owners who have reached the
age of majority.
(D) As used in this paragraph, the term "improved property" means
a detached, year-round noncommercial residential dwelling, the
construction of which was begun before December 11, 1991, together
with so much of the land on which the dwelling is situated, such
land being in the same ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated.
-SOURCE-
(Pub. L. 100-205, Sec. 1, Dec. 23, 1987, 101 Stat. 1433; Pub. L.
102-225, Sec. 1(1), (2), Dec. 11, 1991, 105 Stat. 1682; Pub. L.
103-437, Sec. 6(d)(15), Nov. 2, 1994, 108 Stat. 4584.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Environmental Response, Compensation, and
Liability Act, referred to in subsec. (b)(2)(B), probably means the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as
amended, which is classified principally to chapter 103 (Sec. 9601
et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 9601 of Title 42 and Tables.
-MISC1-
AMENDMENTS
1994 - Subsec. (b)(2)(A). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1991 - Subsec. (a). Pub. L. 102-225, Sec. 1(1), substituted
"numbered 327/80,004B, and dated November 1991" for "numbered
327/80,001, and dated March 1987".
Subsec. (b). Pub. L. 102-225, Sec. 1(2), designated existing
provisions as par. (1) and added pars. (2) and (3).
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426o-1, 426p of this
title.
-End-
-CITE-
16 USC Sec. 426o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426o. Agreement with Murfreesboro, Tennessee, respecting
battlefield
-STATUTE-
The Secretary is authorized to enter into an agreement with the
city of Murfreesboro, Tennessee, containing each of the following
provisions -
(1) If the city agrees to acquire sufficient interest in land
to construct a trail linking the battlefield with Fortress
Rosecrans, to construct such trail, and to operate and maintain
the trail in accordance with standards approved by the Secretary,
the Secretary shall (A) transfer to the city the funds available
to the Secretary for the acquisition of such lands and for the
construction of the trail, and (B) provide technical assistance
to the city and to Rutherford County for the purpose of
development and planning of the trail.
(2) The Secretary shall agree to accept the transfer by
donation from the city of the remnants of Fortress Rosecrans at
Old Fort Park, and following such transfer, to preserve and
interpret the fortress as part of the battlefield.
(3) In administering the Fortress Rosecrans, the Secretary is
authorized to enter a cooperative agreement with the city of
Murfreesboro, Tennessee, for the rendering, on a nonreimbursable
basis, of rescue, firefighting, and law enforcement services and
cooperative assistance by nearby law enforcement and fire
preventive agencies.
-SOURCE-
(Pub. L. 100-205, Sec. 2, Dec. 23, 1987, 101 Stat. 1433; Pub. L.
102-225, Sec. 1(3), Dec. 11, 1991, 105 Stat. 1683.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-225 amended section generally. Prior to
amendment, section read as follows: "The Secretary is authorized to
enter into an agreement with the city of Murfreesboro, Tennessee,
under which (1) the Secretary shall acquire sufficient interest in
land and shall construct thereon a trail linking the battlefield
with Fortress Rosecrans, (2) the city shall operate and maintain
the trail in accordance with standards approved by the Secretary,
and (3) the Secretary shall preserve the existing remnants of
Fortress Rosecrans and the city shall operate and maintain the
fortress."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 426n, 426p of this title.
-End-
-CITE-
16 USC Sec. 426o-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426o-1. Planning
-STATUTE-
(a) Preparation of plan for Redoubt Brannan
The Secretary shall, on or before February 1, 1992, prepare a
plan for the preservation and interpretation of Redoubt Brannan.
(b) Update of General Management Plan
The Secretary shall, on or before March 31, 1993, update the
General Management Plan for the Stones River National Battlefield.
(c) Technical assistance
The Secretary is authorized to provide technical assistance to
the city and to Rutherford County in the development of zoning
ordinances and other land use controls that would help preserve
historically significant areas adjacent to the battlefield.
(d) Minor boundary revisions
If the planning activities conducted under subsections (a) and
(b) of this section show a need for minor revisions of the
boundaries indicated on the map referred to in section 426n of this
title, the Secretary may, following timely notice in writing to the
Committee on Natural Resources of the United States House of
Representatives and to the Committee on Energy and Natural
Resources of the United States Senate of his intention to do so and
providing an opportunity for public comment, make such minor
revisions by publication of a revised boundary map or other
description in the Federal Register.
-SOURCE-
(Pub. L. 100-205, Sec. 3, as added Pub. L. 102-225, Sec. 1(4), Dec.
11, 1991, 105 Stat. 1683; amended Pub. L. 103-437, Sec. 6(d)(15),
Nov. 2, 1994, 108 Stat. 4584.)
-MISC1-
PRIOR PROVISIONS
A prior section 3 of Pub. L. 100-205 was renumbered section 4 and
is classified to section 426p of this title.
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 426n of this title.
-End-
-CITE-
16 USC Sec. 426p 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 426p. Authorization of appropriations
-STATUTE-
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 426n to 426p of
this title.
-SOURCE-
(Pub. L. 100-205, Sec. 4, formerly Sec. 3, Dec. 23, 1987, 101 Stat.
1433; renumbered Sec. 4, Pub. L. 102-225, Sec. 1(4), Dec. 11, 1991,
105 Stat. 1683.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 426n of this title.
-End-
-CITE-
16 USC Sec. 427 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 427. Site of battle with Sioux Indians; purchase; erection of
monument
-STATUTE-
The Secretary of the Interior is authorized and directed to
acquire, by condemnation or otherwise, such land as may be deemed
appropriate, not exceeding one hundred and sixty acres, on the site
of the battle with the Sioux Indians in which the commands of Major
Marcus A. Reno and Major Frederick W. Benteen were engaged, and to
erect thereon a suitable monument and historical tablet.
-SOURCE-
(Apr. 14, 1926, ch. 138, Sec. 1, 44 Stat. 251.)
-End-
-CITE-
16 USC Sec. 427a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 427a. Omitted
-COD-
CODIFICATION
Section, act Apr. 14, 1926, ch. 138, Sec. 2, 44 Stat. 251, made
appropriation of $2,500 for carrying out of provisions of section
427 of this title.
-End-
-CITE-
16 USC Sec. 428 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428. Fort Donelson 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. 26, 1928, ch. 248, Sec. 1, 45 Stat. 367; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-738, Sec. 5, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Military Park" redesignated "Fort
Donelson National Battlefield" by Pub. L. 86-738, Sec. 4. See
section 428n of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Fort Donelson 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 Fort
Donelson National Battlefield assigned to Department of the
Interior by section 5 of Pub. L. 86-738, set out as section 428o 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 428a, 428e, 428k of this
title.
-End-
-CITE-
16 USC Sec. 428a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428a. Qualifications of members of commission
-STATUTE-
In appointing the members of the commission created by section
428 of this title the Secretary of the Interior shall, as far as
practicable, select persons familiar with the terrain of the
battlefield of Fort Donelson, Tennessee, and the historical events
associated therewith.
-SOURCE-
(Mar. 26, 1928, ch. 248, Sec. 2, 45 Stat. 367; 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 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428b. 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 Fort Donelson, 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 Fort
Donelson, and the important events connected therewith, with a view
of preserving and marking such field for historical and
professional military study.
-SOURCE-
(Mar. 26, 1928, ch. 248, Sec. 3, 45 Stat. 367; 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 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428c. 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 herein imposed upon them.
-SOURCE-
(Mar. 26, 1928, ch. 248, Sec. 4, 45 Stat. 367; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 26, 1928, which is
classified to sections 428 to 428d and 428e to 428i of this title.
For complete classification of this Act to the Code, see Tables.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428d. 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 restoration and
maintenance of those portions of old Fort Donelson, and of the
Confederate water batteries that are located on the present
engineer reservation: 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 battlefield shall not exceed
the sum of $50,000.
-SOURCE-
(Mar. 26, 1928, ch. 248, Sec. 5, 45 Stat. 368; Feb. 18, 1930, ch.
49, 46 Stat. 69; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex. Ord.
No. 6228, Sec. 1, July 28, 1933; Pub. L. 86-738, Sec. 4, Sept. 8,
1960, 74 Stat. 876.)
-MISC1-
AMENDMENTS
1930 - Act Feb. 18, 1930, inserted "military" between "national"
and "park", authorized construction of roads and walks, planting of
trees and shrubs, restoration and care of grounds, including
portions of Fort Donelson and Confederate water batteries, 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 Fort Donelson National Military Park as Fort
Donelson National Battlefield by Pub. L. 86-738. See section 428n
of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428d-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428d-1. Acquisition of additional lands
-STATUTE-
The following-described tracts or parcels of land, lying and
being within the seventh civil district of Stewart County,
Tennessee, are transferred from the jurisdiction of the Secretary
of War to the jurisdiction of the Secretary of the Interior as
additions to the Fort Donelson National Battlefield, and shall
after August 30, 1937, be subject to all laws and rules and
regulations applicable to said battlefield:
Tract numbered 1, a right-of-way, fifty feet wide, lying
twenty-five feet on each side of a center line, beginning at a
point in the southerly boundary line of lock D reservation, seven
hundred and thirty-four and eight-tenths feet from the southwest
corner of this reservation; thence south thirty-one degrees five
minutes west seventy-seven and one-tenth feet, thence south
eighty-six degrees twenty-one minutes west four hundred and
seventy-nine and nine-tenths feet, thence south sixty-three degrees
fifty-three minutes west two hundred and sixty-two and three-tenths
feet, thence south thirty-nine degrees thirty-six minutes west one
hundred and eighty-six and seven-tenths feet, thence south exactly
forty minutes east exactly one hundred and ninety-four feet, thence
south thirty degrees fifty-eight minutes east three hundred and
fourteen and five-tenths feet, thence south twenty-eight degrees
fifteen minutes east exactly eighty-five feet, thence south
twenty-eight degrees thirty-seven minutes east two hundred and
fifty and five-tenths feet, thence south four degrees six minutes
east two hundred and sixty-one and seven-tenths feet, thence south
thirty-six degrees twenty-seven minutes east two hundred and
eighty-two and three-tenths feet, thence south twenty-three degrees
forty-five minutes east one hundred and seventy-eight and
three-tenths feet to center line of county road, reserving,
however, to the Department of the Army the right to the continued
use of the road over this tract as a means of access to lock D.
Tract numbered 2, beginning at a point in the southern boundary
line of lock D reservation, seven hundred and fifty-three and
five-tenths feet from the southwest corner of this reservation,
thence north seventy-four degrees twenty-eight minutes east one
hundred and ninety-one and ninety-eight one-hundredths feet, thence
south eighty-five degrees twelve minutes east fifty-two and
nine-tenths feet, thence south fifty-one degrees thirty-six minutes
east thirty-two and nine-tenths feet, thence south nine degrees
thirty-three minutes east one hundred and seventeen and two
one-hundredths feet, thence south thirty-one degrees three minutes
west sixty-nine and eighty-two one-hundredths feet, thence north
fifty-eight degrees fifty-seven minutes west two hundred and
eighty-eight and eight one-hundredths feet to beginning.
Tract numbered 3, beginning at a point in the southern boundary
line of lock D reservation, five hundred and ninety feet from the
southwest corner of this reservation, this point being marked by an
iron fence post, thence north fifty-eight degrees fifty-seven
minutes west five hundred and ninety feet along the southern
boundary line of lock D reservation, thence north thirty-one
degrees three minutes east four hundred and eighty-eight feet along
the western boundary line of the lock D reservation to low-water
mark on bank of Cumberland River, thence along low-water line of
Cumberland River in a southeasterly direction three hundred and
thirty-five feet, thence south thirty-four degrees five minutes
west one hundred and twenty-three feet to an iron pin, thence south
fifty-five degrees fifty-five minutes east three hundred and seven
and five-tenths feet to an iron pin, thence south forty degrees
five minutes west three hundred and ten and five-tenths feet to
beginning.
-SOURCE-
(Aug. 30, 1937, ch. 888, Sec. 1, 50 Stat. 881; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 86-738, Sec. 4,
Sept. 8, 1960, 74 Stat. 876.)
-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.
"Fort Donelson National Battlefield" and "battlefield"
substituted in text for "Fort Donelson National Military Park" and
"park", respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by
Pub. L. 86-738. See section 428n of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428d-2, 428d-3 of this
title.
-End-
-CITE-
16 USC Sec. 428d-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428d-2. Acceptance of donations by Secretary of the Interior
-STATUTE-
The Secretary of the Interior is authorized to accept donations
of land, interests in land, buildings, structures, and other
property within a distance of one mile from the boundaries of said
Fort Donelson National Battlefield, as extended by section 428d-1
of this title, and donations of funds for the purchase or
maintenance thereof, the title and evidence of title to lands
acquired to be satisfactory to the Secretary of the Interior:
Provided, That he may acquire on behalf of the United States out of
any donated funds, by purchase at prices deemed by him reasonable
or by condemnation, such tracts of land within a distance of one
mile from the boundaries of the said national battlefield as may be
necessary for the completion thereof. Upon the acquisition of such
land, the same shall become a part of the Fort Donelson National
Battlefield and shall be subject to the laws and rules and
regulations applicable to said battlefield.
-SOURCE-
(Aug. 30, 1937, ch. 888, Sec. 2, 50 Stat. 882; Pub. L. 86-738, Sec.
4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Battlefield", "national battlefield" and
"battlefield" substituted in text for "Fort Donelson National
Military Park", "national military park" and "park", respectively,
in view of redesignation of Fort Donelson National Military Park as
Fort Donelson National Battlefield by Pub. L. 86-738. See section
428n of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 428d-3 of this title.
-End-
-CITE-
16 USC Sec. 428d-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428d-3. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the lands
authorized to be added to the Fort Donelson National Battlefield by
sections 428d-1 and 428d-2 shall be exercised under the direction
of the Secretary of the Interior by the National Park Service,
subject to the provisions of sections 1, 2, 3, and 4 of this title,
as amended.
-SOURCE-
(Aug. 30, 1937, ch. 888, Sec. 3, 50 Stat. 883; Pub. L. 86-738, Sec.
4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Battlefield" substituted in text for
"Fort Donelson National Military Park" in view of redesignation of
Fort Donelson National Military Park as Fort Donelson National
Battlefield by Pub. L. 86-738. See section 428n of this title.
-End-
-CITE-
16 USC Sec. 428e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428e. 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 428 to 428d and 428e to 428i of
this title, together with the area already inclosed within the
national cemetery at the battle field of Fort Donelson, are
declared to be a national battlefield, to be known as the Fort
Donelson National Battlefield.
-SOURCE-
(Mar. 26, 1928, ch. 248, Sec. 6, 45 Stat. 368; Pub. L. 86-738, Sec.
4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Battlefield" and "battlefield"
substituted in text for "Fort Donelson National Military Park" and
"park", respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by
Pub. L. 86-738. See section 428n of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 428k of this title.
-End-
-CITE-
16 USC Sec. 428f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428f. Control of battlefield; regulations
-STATUTE-
The said Fort Donelson 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 Fort Donelson National Cemetery shall
likewise be the superintendent of and have the custody and care of
the Fort Donelson National Battlefield, under the direction of the
Secretary of the Interior.
-SOURCE-
(Mar. 26, 1928, ch. 248, Sec. 7, 45 Stat. 368; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-738, Sec. 4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Battlefield" and "battlefield"
substituted in text for "Fort Donelson National Military Park" and
"park", respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by
Pub. L. 86-738. See section 428n of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428g. 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. 26, 1928, ch. 248, Sec. 8, 45 Stat. 368; 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 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428h. Ascertaining and marking line of battle
-STATUTE-
It shall be lawful for the authorities of any State having troops
engaged in the Battle of Fort Donelson to enter upon the lands and
approaches of the Fort Donelson 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. 26, 1928, ch. 248, Sec. 9, 45 Stat. 368; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-738, Sec. 4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Battlefield" substituted in text for
"Fort Donelson National Military Park" in view of redesignation of
Fort Donelson National Military Park as Fort Donelson National
Battlefield by Pub. L. 86-738. See section 428n of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428i. 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. 26, 1928, ch. 248, Sec. 10, 45 Stat. 368; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933;
Pub. L. 86-738, Sec. 4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted for "park" wherever appearing in text
in view of redesignation of Fort Donelson National Military Park as
Fort Donelson National Battlefield by Pub. L. 86-738. See section
428n of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 428 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428e, 428k of this title.
-End-
-CITE-
16 USC Sec. 428j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428j. Omitted
-COD-
CODIFICATION
Section, act Mar. 26, 1928, ch. 248, Sec. 11, 45 Stat. 369,
appropriated $50,000 to be expended for purposes of sections 428 to
428d, 428e to 428i of this title.
-End-
-CITE-
16 USC Sec. 428k 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. 428k. Addition of lands
-STATUTE-
In furtherance of the purposes of sections 428 to 428d and 428e
to 428i of this title and to facilitate an appropriate observance
of the one hundredth anniversary of the Battle of Fort Donelson,
the Secretary of the Interior is authorized to designate for
addition to the present Fort Donelson National Battlefield such
lands and interests in lands adjacent to said battlefield as in his
discretion are necessary to preserve and interpret this historic
battleground, including the nearby historic Surrender House and the
land upon which it is situated on Spring Street in the town of
Dover, Tennessee, but the total area commemorating the battle of
Fort Donelson shall not exceed 600 acres.
-SOURCE-
(Pub. L. 86-738, Secs. 1, 4, Sept. 8, 1960, 74 Stat. 875, 876.)
-CHANGE-
CHANGE OF NAME
"Fort Donelson National Battlefield" and "battlefield"
substituted in text for "Fort Donelson National Military Park" and
"park", respectively, in view of redesignation of Fort Donelson
National Military Park as Fort Donelson National Battlefield by
Pub. L. 86-738, Sec. 4, set out as section 428n of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428l, 428m, 428n of this
title.
-End-
-CITE-
16 USC Sec. 428l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428l. Acquisition of lands; agreement for transfer of
jurisdiction
-STATUTE-
Within the area designated for addition to such battlefield under
section 428k of this title, the Secretary is authorized to acquire
non-Federal lands and interests in lands by purchase, by donation,
by purchase with donated funds, or in such other manner and by such
means as he may deem to be in the public interest, except that the
Surrender House and land upon which it is situated shall be
acquired only by donation or by purchase with donated funds.
Administrative jurisdiction and control over lands administered by
the Corps of Engineers, Department of the Army, above contour
elevation 369 and which, under authority of section 428k of this
title, are designated for inclusion in the battlefield, shall, upon
agreement of the administering agency, be transferred to the
Secretary of the Interior without a transfer of funds.
-SOURCE-
(Pub. L. 86-738, Secs. 2, 4, Sept. 8, 1960, 74 Stat. 876.)
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Fort Donelson National Military Park as Fort
Donelson National Battlefield by Pub. L. 86-738, Sec. 4, set out as
section 428n of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428m, 428n of this title.
-End-
-CITE-
16 USC Sec. 428m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428m. Authorization of appropriation
-STATUTE-
There is authorized to be appropriated the sum of not to exceed
$454,000 for the purpose of acquiring lands, interests in lands,
and improvements thereon as may be necessary for carrying out
sections 428k to 428o of this title.
-SOURCE-
(Pub. L. 86-738, Sec. 3, Sept. 8, 1960, 74 Stat. 876; Pub. L.
92-272, title I, Sec. 101(5), Apr. 11, 1972, 86 Stat. 120.)
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-272 increased authorization of appropriations
from a sum not to exceed $226,000 to a sum not to exceed $454,000.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 428n of this title.
-End-
-CITE-
16 USC Sec. 428n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428n. Change in name to Fort Donelson National Battlefield
-STATUTE-
Upon acquisition of the additional lands pursuant to authority
contained in sections 428k to 428o of this title, the Fort Donelson
National Military Park shall be redesignated by the Secretary of
the Interior as the Fort Donelson National Battlefield, notice
thereof shall be published in the Federal Register, and any
remaining balance of funds appropriated for purposes of the Fort
Donelson National Military Park shall be available for the purposes
of the Fort Donelson National Battlefield.
-SOURCE-
(Pub. L. 86-738, Sec. 4, Sept. 8, 1960, 74 Stat. 876.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 428m of this title.
-End-
-CITE-
16 USC Sec. 428o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 428o. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the Fort
Donelson 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. 86-738, Sec. 5, Sept. 8, 1960, 74 Stat. 876.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 428m, 428n of this title.
-End-
-CITE-
16 USC Sec. 429 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429. Brices Cross Roads and Tupelo battlefields in
Mississippi; establishment
-STATUTE-
For the purpose of commemorating the battles of Brices Cross
Roads, Mississippi, and Tupelo, Mississippi, the Secretary of the
Army is authorized and directed to (1) acquire not to exceed one
acre of land, free of cost to the United States, at each of the
above-named battle fields, (2) fence each parcel of land so
acquired, (3) build an approach to each such parcel of land, and
(4) erect a suitable marker on each such parcel of land.
-SOURCE-
(Feb. 21, 1929, ch. 289, Sec. 1, 45 Stat. 1254; 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, 70 A 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429a, 429a-1 of this
title.
-End-
-CITE-
16 USC Sec. 429a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429a. Jurisdiction and control; authorization of annual
appropriation
-STATUTE-
Each parcel of land acquired under section 429 of this title
shall be under the jurisdiction and control of the Secretary of the
Interior, and there is authorized to be appropriated for the
maintenance of each such parcel of land, fence, approach, and
marker a sum not to exceed $250 per annum.
-SOURCE-
(Feb. 21, 1929, ch. 289, Sec. 3, 45 Stat. 1254; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933.)
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Brices Cross Roads and Tupelo
battlefield sites transferred to Department of the Interior by Ex.
Ord. No. 6166, Sec. 2, and Ex. Ord. No. 6228, Sec. 1, 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, 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 section 429a-1 of this title.
-End-
-CITE-
16 USC Sec. 429a-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429a-1. Tupelo National Battlefield; acquisition of additional
lands
-STATUTE-
To further the purposes of sections 429 and 429a of this title,
the Secretary of the Interior may acquire by donation or with
donated funds not to exceed one-half acre of land and interests in
land for addition to the adjoining Tupelo National Battlefield
site.
-SOURCE-
(Pub. L. 87-133, Sec. 1, Aug. 10, 1961, 75 Stat. 336.)
-End-
-CITE-
16 USC Sec. 429a-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429a-2. Change in name to Tupelo National Battlefield;
administration
-STATUTE-
The Tupelo National Battlefield site is redesignated the Tupelo
National Battlefield which shall continue to be administered
pursuant to sections 1, 2, 3, and 4 of this title, as amended and
supplemented.
-SOURCE-
(Pub. L. 87-133, Sec. 2, Aug. 10, 1961, 75 Stat. 336.)
-End-
-CITE-
16 USC Sec. 429b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429b. Manassas National Battlefield Park
-STATUTE-
(a) Establishment; boundaries
There is established as a unit of the national park system in the
Commonwealth of Virginia the Manassas National Battlefield Park,
which shall contain within its boundaries the important historical
lands relating to the two battles of Manassas. The total area of
the park shall not be greater than four thousand five hundred and
twenty-five acres. The boundaries of the park shall be the
boundaries depicted on the map entitled "Boundary Map, Manassas
National Battlefield Park", 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 Service, Department
of the Interior. The Secretary 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 of the boundaries. (continued)