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(continued)
Notwithstanding section 460l-9(c) of this title, the Secretary may
not make any changes in the boundaries of the park. The Secretary
shall administer the park in accordance with laws, rules, and
regulations applicable to the national park system.
(b) Addition to park
(1) In addition to subsection (a) of this section, the boundaries
of the park shall include the area, comprising approximately 600
acres, which is south of U.S. Route 29, north of Interstate Route
66, east of Route 705, and west of Route 622. Such area shall
hereafter in sections 429b to 429b-5 of this title be referred to
as the "Addition".
(2)(A) Notwithstanding any other provision of law, effective on
November 10, 1988, there is hereby vested in the United States all
right, title, and interest in and to, and the right to immediate
possession of, all the real property within the Addition.
(B) The United States shall pay just compensation to the owners
of any property taken pursuant to this paragraph and the full faith
and credit of the United States is hereby pledged to the payment of
any judgment entered against the United States with respect to the
taking of such property. Payment shall be in the amount of the
agreed negotiated value of such property or the valuation of such
property awarded by judgment and shall be made from the permanent
judgment appropriation established pursuant to 31 U.S.C. 1304. Such
payment shall include interest on the value of such property which
shall be compounded quarterly and computed at the rate applicable
for the period involved, as determined by the Secretary of the
Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of
comparable maturities from November 10, 1988, to the last day of
the month preceding the date on which payment is made.
(C) In the absence of a negotiated settlement, or an action by
the owner, within 1 year after November 10, 1988, the Secretary may
initiate a proceeding at anytime seeking in a court of competent
jurisdiction a determination of just compensation with respect to
the taking of such property.
(3) Not later than 6 months after November 10, 1988, the
Secretary shall publish in the Federal Register a detailed
description and map depicting the boundaries of the Addition. The
map shall be on file and available for public inspection in the
offices of the National Park Service, Department of the Interior.
(c) Use of addition
The Secretary shall not allow any unauthorized use of the
Addition after November 10, 1988, except that the Secretary may
permit the orderly termination of all operations on the Addition
and the removal of equipment, facilities, and personal property
from the Addition.
-SOURCE-
(Apr. 17, 1954, ch. 153, Sec. 1, 68 Stat. 56, as renumbered and
amended Pub. L. 96-442, Sec. 2, Oct. 13, 1980, 94 Stat. 1885; Pub.
L. 100-647, title X, Sec. 10002, Nov. 10, 1988, 102 Stat. 3810.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this Act and effective date of this
Act, referred to in subsec. (a), probably means the date of the
enactment of the Manassas National Battlefield Park Amendments of
1980, Pub. L. 96-442, which was approved Oct. 13, 1980.
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-647 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1980 - Pub. L. 96-442 substituted a referenced map for specific
boundaries, limited the expanded battlefield park to 4,525 acres,
included the park in the National Park System, required the
Secretary to publish more detailed map, prohibited the Secretary
from making boundary adjustments and required him to administer the
Park in accordance with the laws and regulations applicable to the
National Park System.
SHORT TITLE OF 1988 AMENDMENT
Section 10001 of title X of Pub. L. 100-647 provided that: "This
title [amending this section and section 429b-1 of this title and
enacting provisions set out as a note below] may be cited as the
'Manassas National Battlefield Park Amendments of 1988'."
SHORT TITLE
Section 1 of Pub. L. 96-442 provided: "That this Act [enacting
sections 429b-1 to 429b-5 of this title, amending this section, and
enacting provisions set out as a note under section 460cc of this
title] may be cited as the 'Manassas National Battlefield Park
Amendments of 1980'."
HIGHWAY RELOCATION
Section 10004 of Pub. L. 100-647 provided that:
"(a) Study. - The Secretary of the Interior (hereafter in this
section referred to as the 'Secretary'), in consultation and
consensus with the Commonwealth of Virginia, the Federal Highway
Administration, and Prince William County, shall conduct a study
regarding the relocation of highways (known as routes 29 and 234)
in, and in the vicinity of, the Manassas National Battlefield Park
(hereinafter in this section referred to as the 'park'). The study
shall include an assessment of the available alternatives, together
with cost estimates and recommendations regarding preferred
options. The study shall specifically consider and develop plans
for the closing of those public highways (known as routes 29 and
234) that transect the park and shall include analysis of the
timing and method of such closures and of means to provide
alternative routes for traffic now transecting the park. The
Secretary shall provide for extensive public involvement in the
preparation of the study.
"(b) Determination. - Within 1 year after the enactment of this
Act [Nov. 10, 1988], the Secretary shall complete the study under
subsection (a). The study shall determine when and how the highways
(known as routes 29 and 234) should be closed.
"(c) Assistance. - The Secretary shall provide funds to the
appropriate construction agency for the construction and
improvement of the highways to be used for the rerouting of traffic
now utilizing highways (known as routes 29 and 234) to be closed
pursuant to subsection (b) if the construction and improvement of
such alternatives are deemed by the Secretary to be in the interest
of protecting the integrity of the park. Not more than 75 percent
of the costs of such construction and improvement shall be provided
by the Secretary and at least 25 percent shall be provided by State
or local governments from any source other than Federal funds. Such
construction and improvement shall be approved by the Secretary of
Transportation.
"(d) Authorization. - There is authorized to be appropriated to
the Secretary not to exceed $30,000,000 to prepare the study
required by subsection (a) and to provide the funding described in
subsection (c)."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429b-1 to 429b-5 of this
title.
-End-
-CITE-
16 USC Sec. 429b-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429b-1. Acquisition and use of lands
-STATUTE-
(a) Acquisition of property or interests in property; scenic
preservation of views
(1) In order to effectuate the purposes of sections 429b to
429b-5 of this title, the Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds or exchange,
any property or interests therein which are located within the
boundaries of the park, except that property owned by the
Commonwealth of Virginia or by any political subdivision thereof
may be acquired only by donation.
(2) The Secretary shall cooperate with the Commonwealth of
Virginia, the political subdivisions thereof, and other parties as
designated by the Commonwealth or its political subdivisions in
order to promote and achieve scenic preservation of views from
within the park through zoning and such other means as the parties
determine feasible.
(b) Acquisition of fee simple title with the consent of owner;
hearing and review
With respect to areas within the 1954 boundaries of the park, as
identified on the map referred to in section 429b of this title,
the Secretary may not acquire fee simple title to such areas
without the consent of the owner so long as the lands continue to
be devoted to a use which is the same as that in effect on
September 1, 1980. Further, if the Secretary proposes to acquire
fee simple title to such property because of a change in use, the
owner of such property may seek a review of the proposed
acquisition of his or her property and is entitled to a hearing on
the record in accordance with section 554 of title 5.
(c) Secretary authorized to make land available for Route 234
bypass
If the Virginia Department of Highways and Transportation
determines that the proposed Route 234 bypass should be properly
located between the Virginia Electric Power Company powerline
easement and route 705, the Secretary shall make available the land
necessary for such bypass, subject to such revisions, terms, and
conditions as the Secretary deems are necessary and appropriate to
assure that such bypass is located, constructed, operated, and
maintained in a manner consistent with the administration of the
park.
(d) Secretary not to close State roads
The Secretary may not close any State roads within the park
unless action permitting the closing of such roads has been taken
by appropriate officials of the Commonwealth of Virginia.
-SOURCE-
(Apr. 17, 1954, ch. 153, Sec. 2, as added Pub. L. 96-442, Sec. 2,
Oct. 13, 1980, 94 Stat. 1885; amended Pub. L. 100-647, title X,
Sec. 10003, Nov. 10, 1988, 102 Stat. 3811.)
-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-647 designated existing
provisions as par. (1) and added par. (2).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429b, 429b-2 to 429b-5 of
this title.
-End-
-CITE-
16 USC Sec. 429b-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429b-2. Retention of right of use and occupation of improved
property by owner
-STATUTE-
(a) Time limits; compensation
Subsequent to October 13, 1980, the owner of improved property on
the date of its acquisition by the Secretary may, as a condition of
such acquisition, retain for himself and his heirs and assigns a
right of use and occupancy of the 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 death of the spouse of the owner, whichever is later.
The owner shall elect the term to be reserved. Unless this property
is wholly or partially donated to the United States, the Secretary
shall pay the owner an amount equal to the fair market value of the
property on the date of its acquisition less the value on such date
of the right retained by the owner. If such property is donated (in
whole or in part) to the United States, the Secretary may pay to
the owner such lesser amount as the owner may agree to. A right
retained pursuant to this section shall be subject to termination
by the Secretary upon his determination that it is being exercised
in a manner inconsistent with the purposes of sections 429b to
429b-5 of this title, and it shall terminate by operation of law
upon the Secretary's notifying the holder of the right of such
determination and tendering to him an amount equal to the fair
market value of that portion of the right which remains unexpired.
(b) Displaced person; waiver of benefits
No property owner who elects to retain a right of use and
occupancy under this section shall be considered a displaced person
as defined in section 4601(6) of title 42. Such owners shall be
considered to have waived any benefits which would otherwise accrue
to them under sections 4623 to 4626 of title 42.
-SOURCE-
(Apr. 17, 1954, ch. 153, Sec. 3, as added Pub. L. 96-442, Sec. 2,
Oct. 13, 1980, 94 Stat. 1886.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429b, 429b-1, 429b-3 to
429b-5 of this title.
-End-
-CITE-
16 USC Sec. 429b-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429b-3. Definitions
-STATUTE-
For purposes of sections 429b to 429b-5 of this title -
(1) The term "improved property" means a detached, one-family
dwelling, construction of which was begun before January 1, 1979,
which is used for noncommercial residential purposes, together
with not to exceed three acres of land on which the dwelling is
situated and together with such additional lands or interests
therein as the Secretary deems to be reasonably necessary for
access thereto, such lands being in the same ownership as the
dwelling, together with any structures accessory to the dwelling
which are situated on such land.
(2) The term "park" means the Manassas National Battlefield
Park established under sections 429b to 429b-5 of this title.
(3) The term "Secretary" means the Secretary of the Interior.
(4) The term "owner" means the owner of record as of September
1, 1980.
-SOURCE-
(Apr. 17, 1954, ch. 153, Sec. 4, as added Pub. L. 96-442, Sec. 2,
Oct. 13, 1980, 94 Stat. 1886.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429b to 429b-2, 429b-4,
429b-5 of this title.
-End-
-CITE-
16 USC Sec. 429b-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429b-4. Funds from Land and Water Conservation Fund
-STATUTE-
(a) Maximum amount usable for acquisition of property
In addition to sums heretofore expended for the acquisition of
property and interests therein for the park, from funds available
for expenditure from the Land and Water Conservation Fund, as
established under the Land and Water Conservation Fund Act of 1965
[16 U.S.C. 460l-4 et seq.], not more than a total of $8,700,000 may
be expended for the acquisition of property and interests therein
under sections 429b to 429b-5 of this title.
(b) Completion of acquisition in two years
It is the express intent of Congress that, except for property
referred to in section 429b-1(b) of this title, the Secretary shall
acquire property and interests therein under sections 429b to
429b-5 of this title within two complete fiscal years after October
13, 1980.
-SOURCE-
(Apr. 17, 1954, ch. 153, Sec. 5, as added Pub. L. 96-442, Sec. 2,
Oct. 13, 1980, 94 Stat. 1886.)
-REFTEXT-
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (a), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as
amended, which is classified generally to part B (Sec. 460l-4 et
seq.) of subchapter LXIX of this chapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 460l-4 of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429b to 429b-3, 429b-5 of
this title.
-End-
-CITE-
16 USC Sec. 429b-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 429b-5. Funding limitations; contracting authority, etc.
-STATUTE-
(a) Effective date of authorizations
Authorizations of moneys to be appropriated under sections 429b
to 429b-5 of this title from the Land and Water Conservation Fund
for acquisition of properties and interests shall be effective on
October 1, 1981.
(b) Authority limited by appropriations
Notwithstanding any other provision of sections 429b to 429b-5 of
this title, authority to enter into contracts, to incur
obligations, or to make payments under sections 429b to 429b-5 of
this title shall be effective only to the extent, and in such
amounts as are provided in advance in appropriation Acts.
-SOURCE-
(Apr. 17, 1954, ch. 153, Sec. 6, as added Pub. L. 96-442, Sec. 2,
Oct. 13, 1980, 94 Stat. 1887.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 429b to 429b-4 of this
title.
-End-
-CITE-
16 USC Sec. 430 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430. Kings Mountain National Military Park; establishment
-STATUTE-
In order to commemorate the Battle of Kings Mountain, which was
fought on the 7th day of October 1780, the Kings Mountain battle
ground, in the State of South Carolina, including such adjacent and
contiguous lands as may be useful and proper in effectually
carrying out the purpose of sections 430, 430a, and 430b to 430e of
this title, is declared to be a national military park, to be known
as the Kings Mountain National Military Park, when such land
including said battle ground, shall become the property of the
United States.
-SOURCE-
(Mar. 3, 1931, ch. 437, Sec. 1, 46 Stat. 1508.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430a of this title.
-End-
-CITE-
16 USC Sec. 430a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430a. Acquisition of land
-STATUTE-
The Secretary of the Interior shall ascertain on what land the
Battle of Kings Mountain was fought and, subject to the provisions
of sections 3111 and 3112 of title 40, shall proceed to acquire
title to such land together with such adjacent and contiguous lands
as he may deem useful and proper in effectually carrying out the
purposes of sections 430, 430a, and 430b of this title, either by
purchase or gift or by condemnation under the provisions of section
3113 of title 40.
-SOURCE-
(Mar. 3, 1931, ch. 437, Sec. 2, 46 Stat. 1508; Ex. Ord. No. 6166,
Sec. 2, June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933.)
-COD-
CODIFICATION
"Sections 3111 and 3112 of title 40" substituted in text for
"section 355 of the Revised Statutes" and "section 3113 of title
40" substituted in text for "the Act entitled 'An Act to authorize
condemnation of lands for sites for public buildings, and for other
purposes,' approved August 1, 1888" on authority of Pub. L.
107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Kings 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.
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 430 of this title.
-End-
-CITE-
16 USC Sec. 430a-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430a-1. Revision of boundaries
-STATUTE-
In order to consolidate the Federal ownership of lands in, and to
facilitate protection and preservation of, Kings Mountain National
Military Park, South Carolina, the boundaries are revised as
follows:
(1) Federally owned lands lying west of the easterly right-of-way
line of State Route P-11-123, containing approximately two hundred
acres, are excluded from the park;
(2) Privately owned lands lying east of the easterly right-of-way
line of State Route P-11-123, containing approximately eighty
acres, are included in the park; and
(3) Lands of the Mary Morris estate lying south of the southerly
right-of-way line of the historic Yorkville-Shelbyville Road, and
forming the triangle bounded by the new State Route P-11-86, the
historic Yorkville-Shelbyville Road and the present park boundary
(Old Houser tract), aggregating approximately sixty acres, are
included in the park.
-SOURCE-
(Pub. L. 86-62, Sec. 1, June 23, 1959, 73 Stat. 108.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430a-2, 430a-3 of this
title.
-End-
-CITE-
16 USC Sec. 430a-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430a-2. Acquisition of lands within revised boundary
-STATUTE-
The Secretary of the Interior is authorized to acquire lands and
interests in lands within the revised boundary by purchase,
donation, with donated funds, or by exchange, utilizing for such
exchanges federally owned lands of approximately equal value
excluded from the park pursuant to sections 430a-1 to 430a-3 of
this title. Federally owned lands so excluded which the Secretary
of the Interior determines are not needed for such exchanges shall
be disposed of in accordance with the provisions of the Federal
Property and Administrative Services Act of 1949, as amended.
-SOURCE-
(Pub. L. 86-62, Sec. 2, June 23, 1959, 73 Stat. 108.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in text, is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430a-3 of this title.
-End-
-CITE-
16 USC Sec. 430a-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430a-3. Applicability of laws and regulations to acquired
lands and interests therein
-STATUTE-
Lands and interests therein acquired pursuant to sections 430a-1
to 430a-3 of this title shall thereupon become a part of the Kings
Mountain National Military Park and be subject to all the laws and
regulations applicable thereto.
-SOURCE-
(Pub. L. 86-62, Sec. 3, June 23, 1959, 73 Stat. 108.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430a-2 of this title.
-End-
-CITE-
16 USC Sec. 430b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430b. Control; regulations for care and management
-STATUTE-
Such park shall be under the control and direction of the
Secretary of the Interior. The Secretary is authorized to prescribe
from time to time such regulations for the care and management of
such park as he may deem necessary.
-SOURCE-
(Mar. 3, 1931, ch. 437, Sec. 3, 46 Stat. 1508; 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 430a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430 of this title.
-End-
-CITE-
16 USC Sec. 430c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430c. Permits to occupy land
-STATUTE-
Upon such terms and conditions as he may prescribe, the Secretary
of the Interior is authorized to permit any person occupying any
land within the boundaries of such park to continue to occupy such
land, but the Secretary may revoke such permit at any time.
-SOURCE-
(Mar. 3, 1931, ch. 437, Sec. 4, 46 Stat. 1508; 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 430a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430 of this title.
-End-
-CITE-
16 USC Sec. 430d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430d. Repair of roads; historical markers
-STATUTE-
The Secretary of the Interior shall open or repair such roads in
such park as may be necessary, and ascertain and mark with tablets
or otherwise, as he may determine, all lines of battle of the
American troops and British troops engaged in the Battle of Kings
Mountain and other historical points of interest pertaining to the
battle which are within the boundaries of the park. The Secretary
is authorized to employ such labor and services and to obtain such
supplies and materials as may be necessary to carry out the
provisions of this section.
-SOURCE-
(Mar. 3, 1931, ch. 437, Sec. 5, 46 Stat. 1508; 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 430a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430 of this title.
-End-
-CITE-
16 USC Sec. 430e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430e. Monuments and tablets within park; approval
-STATUTE-
The authorities of any State which had troops engaged in the
Battle of Kings Mountain may enter the Kings Mountain National
Military Park for the purpose of ascertaining and marking the lines
of battle of such troops, but 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 approved
by the Secretary of the Interior. Any State organization or
individual may, with the approval of the Secretary of the Interior,
erect monuments or place tablets within such park.
-SOURCE-
(Mar. 3, 1931, ch. 437, Sec. 6, 46 Stat. 1508; 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 430a of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430 of this title.
-End-
-CITE-
16 USC Sec. 430f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f. Shiloh National Military Park
-STATUTE-
In order that the armies of the southwest which served in the
civil war, like their comrades of the eastern armies at Gettysburg
and those of the central west at Chickamauga, may have the history
of one of their memorable battles preserved on the ground where
they fought, that part of the battlefield of Shiloh, in the State
of Tennessee, title to which has heretofore been acquired by the
United States, and as to which the usual jurisdiction over the
lands and the roads of same has been granted to the United States
by the State of Tennessee, containing 3,000 acres, more or less,
shall be a national military park, and shall be known as the Shiloh
National Military Park. The Secretary of the Interior is authorized
to enter into agreements whereby he may lease, upon such terms as
he may prescribe, with such persons, who were owners or tenants of
the land on December 27, 1894, as may desire to remain upon it to
occupy and cultivate their then holdings upon condition that they
will preserve the then buildings and roads and the then outlines of
field and forest, and that they only will 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. It shall be the duty of the
Secretary of the Interior to cause to be opened or repaired such
roads as may be necessary for the purposes of the park and to cause
to be ascertained and marked with historical tablets or otherwise,
as he may determine, all lines of battle of the troops engaged in
the battle of Shiloh and other historical points of interest
pertaining to the battle within the park or its vicinity, and the
Secretary of the Interior shall make and enforce all needed
regulations for the care of the park. It shall be lawful for any
State that had troops engaged in the battle of Shiloh to enter upon
the lands of the Shiloh National Military Park for the purpose of
ascertaining and marking the lines of battle of its troops 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: 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-
(Dec. 27, 1894, ch. 12, 28 Stat. 597; Ex. Ord. No. 6166, Sec. 2,
June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933; Pub. L.
89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 637.)
-COD-
CODIFICATION
Section is based on sections 1 to 6 of act Dec. 27, 1894. Section
7 of the act, which established fines for offenses against park
property, and section 8, which authorized initial appropriations
for the park, were not classified to the Code.
-MISC1-
AMENDMENTS
1966 - Pub. L. 89-554 struck out provisions which required the
affairs of Shiloh National Military Park to be subject to
supervision and direction of Secretary of the Interior.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Shiloh 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, by
act Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389.
-MISC2-
EXCHANGE OF LANDS
Act June 25, 1947, ch. 126, 61 Stat. 173, provided: "That the
Secretary of the Interior is authorized, in his discretion, and
under such terms and conditions as he may deem necessary, to
convey, without consideration, to W. A. Shaw and E. L. Shaw, or
nominees, the following-described lands within Shiloh National
Military Park in Hardin County in the State of Tennessee: Beginning
at a point from which the intersection of Shiloh National Military
Park boundary between boundary corners numbered 228 and 229 with
center line of Confederate Road bears south eight degrees
fifty-seven minutes east, eighty and thirty-seven one-hundredths
feet (said intersection bears north eighty-eight degrees ten
minutes fourteen seconds west, one thousand one hundred and
thirty-one and eighty-nine one-hundredths feet from boundary corner
numbered 228); thence north twenty-nine degrees thirty-one minutes
west, three hundred and twenty-six feet; thence south seventy-six
degrees nineteen minutes east, three hundred and thirty-seven and
fifty-four one-hundredths feet; and thence running sixty feet from
and parallel to center line of Confederate Road south thirty-nine
degrees twenty minutes west, two hundred and sixty-three and
forty-six one-hundredths feet to the point of beginning. The tract
as described contains approximately ninety-two one-hundredths acre.
"Sec. 2. For the purpose of consolidating Federal holdings within
the park, the Secretary of the Interior is authorized, in his
discretion and under such terms and conditions as he may deem
necessary, to accept any non-Federal real or personal property
within the authorized boundaries of the park. In exchange for such
properties, he may, in his discretion, convey to the grantors of
such properties any Federally owned lands or interests in lands
within the authorized boundaries of the park which are of
approximately equal value, as determined by the Secretary, to the
properties being acquired in each case."
-End-
-CITE-
16 USC Sec. 430f-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-1. Conveyance of lands
-STATUTE-
In order that existing roads within Shiloh National Military Park
may be devoted primarily to use by park visitors and that traffic
hazards and nonconforming uses may be eliminated from the park by
providing a more suitable road location and related area for the
highways designated State Routes Numbered 22 and 142 which now
traverse the central portion of the park, the Secretary of the
Interior is authorized to convey certain lands within Shiloh
National Military Park on the terms and conditions hereinafter
provided.
-SOURCE-
(Pub. L. 85-406, Sec. 1, May 16, 1958, 72 Stat. 114.)
-End-
-CITE-
16 USC Sec. 430f-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-2. Conveyance of right-of-way; construction and
maintenance of roadways
-STATUTE-
The Secretary may convey to the State of Tennessee for road
purposes a right-of-way located in Hardin County, Tennessee, as
shown on National Park Service map NMP-SH-7006, revised June 1956,
being a minimum of one hundred and twenty feet and a maximum of one
hundred and forty feet in width, and a length of approximately
eighteen thousand and nine hundred feet, said right-of-way
containing approximately fifty-one acres: Provided, That, in
exchange, the State constructs and thereafter maintains a roadway
on said lands and thereupon releases those portions of the present
highways within the park designated State Routes Numbered 22 and
142 from such designation and subsequent use for State highway
purposes.
-SOURCE-
(Pub. L. 85-406, Sec. 2, May 16, 1958, 72 Stat. 114.)
-End-
-CITE-
16 USC Sec. 430f-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-3. Conveyance of lands for recreational area; development
and use
-STATUTE-
The Secretary may convey to the State of Tennessee for use as a
recreational area contiguous and incident to the relocated State
Route Numbered 22 certain lands situated in Hardin County,
Tennessee, as shown on National Park Service map NMP-SH-7006,
revised June 1956, and designated thereon as parcel A, said lands
containing one hundred and fifty-one acres, more or less: Provided,
That in exchange the lands so conveyed shall be developed and used
exclusively by the State or its political subdivisions for
recreational purposes only, thereby removing certain incompatible
uses from the military park.
-SOURCE-
(Pub. L. 85-406, Sec. 3, May 16, 1958, 72 Stat. 114.)
-End-
-CITE-
16 USC Sec. 430f-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-4. Jurisdiction of lands
-STATUTE-
Upon the delivery and acceptance of the conveyance herein
authorized, any jurisdiction heretofore ceded to the United States
by the State of Tennessee over the lands conveyed shall thereby
cease and determine and shall thereafter vest and be in the State
of Tennessee.
-SOURCE-
(Pub. L. 85-406, Sec. 4, May 16, 1958, 72 Stat. 115.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means Pub. L. 85-406, which is
classified to sections 430f-1 to 430f-4 of this title. For complete
classification of this Act to the Code, see Tables.
-End-
-CITE-
16 USC Sec. 430f-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-5. Siege and Battle of Corinth
-STATUTE-
(a) Purpose
The purpose of this section is to provide for a center for the
interpretation of the Siege and Battle of Corinth and other Civil
War actions in the Region and to enhance public understanding of
the significance of the Corinth Campaign in the Civil War relative
to the Western theater of operations, in cooperation with State or
local governmental entities and private organizations and
individuals.
(b) Acquisition of property at Corinth, Mississippi
The Secretary of the Interior (referred to in this title (!1) as
the "Secretary") shall acquire by donation, purchase with donated
or appropriated funds, or exchange, such land and interests in land
in the vicinity of the Corinth Battlefield, in the State of
Mississippi, as the Secretary determines to be necessary for the
construction of an interpretive center to commemorate and interpret
the 1862 Civil War Siege and Battle of Corinth.
(c) Publicly owned land
Land and interests in land owned by the State of Mississippi or a
political subdivision of the State of Mississippi may be acquired
only by donation.
(d) Interpretive center and marking
(1) Interpretive center
The Secretary shall construct, operate, and maintain on the
property acquired under subsection (b) of this section a center
for the interpretation of the Siege and Battle of Corinth and
associated historical events for the benefit of the public.
(2) Marking
The Secretary may mark sites associated with the Siege and
Battle of Corinth National Historic Landmark, as designated on
May 6, 1991, if the sites are determined by the Secretary to be
protected by State or local governmental agencies.
(3) Administration
The land and interests in land acquired, and the facilities
constructed and maintained pursuant to this section, shall be
administered by the Secretary as a part of Shiloh National
Military Park, subject to the appropriate laws (including
regulations) applicable to the Park, sections 1, 2, 3, and 4 of
this title and sections 461 to 467 of this title.
(e) Authorization of appropriations
There are authorized to be appropriated $6,000,000 for
development to carry out this section.
-SOURCE-
(Pub. L. 104-333, div. I, title VI, Sec. 602, Nov. 12, 1996, 110
Stat. 4171.)
-REFTEXT-
REFERENCES IN TEXT
This title, referred to in subsec. (b), is title VI of div. I of
Pub. L. 104-333, which enacted this section, section 469k of this
title, provisions set out as a note under section 1a-5 of this
title, and provisions listed in a table of National Battlefield
Sites set out under section 461 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-10, 430f-12 of this
title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 430f-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-6. Corinth Unit of the Shiloh National Military Park;
findings and purposes
-STATUTE-
(a) Findings
Congress finds that -
(1) in 1996, Congress authorized the establishment and
construction of a center -
(A) to facilitate the interpretation of the Siege and Battle
of Corinth and other Civil War actions in the area in and
around the city of Corinth, Mississippi; and
(B) to enhance public understanding of the significance of
the Corinth campaign and the Civil War relative to the western
theater of operations, in cooperation with -
(i) State or local governmental entities;
(ii) private organizations; and
(iii) individuals;
(2) the Corinth Battlefield was ranked as a priority 1
battlefield having critical need for coordinated nationwide
action by the year 2000 by the Civil War Sites Advisory
Commission in its report on Civil War Battlefields of the United
States;
(3) there is a national interest in protecting and preserving
sites of historic significance associated with the Civil War; and
(4) the States of Mississippi and Tennessee and their
respective local units of government -
(A) have the authority to prevent or minimize adverse uses of
these historic resources; and
(B) can play a significant role in the protection of the
historic resources related to the Civil War battles fought in
the area in and around the city of Corinth.
(b) Purposes
The purposes of sections 430f-6 to 430f-12 of this title are -
(1) to establish the Corinth Unit of the Shiloh National
Military Park -
(A) in the city of Corinth, Mississippi; and
(B) in the State of Tennessee;
(2) to direct the Secretary of the Interior to manage, protect,
and interpret the resources associated with the Civil War Siege
and the Battle of Corinth that occurred in and around the city of
Corinth, in cooperation with -
(A) the State of Mississippi;
(B) the State of Tennessee;
(C) the city of Corinth, Mississippi;
(D) other public entities; and
(E) the private sector; and
(3) to authorize a special resource study to identify other
Civil War sites in and around the city of Corinth that -
(A) are consistent with the themes of the Siege and Battle of
Corinth;
(B) meet the criteria for designation as a unit of the
National Park System; and
(C) are considered appropriate for inclusion in the Unit.
-SOURCE-
(Pub. L. 106-271, Sec. 2, Sept. 22, 2000, 114 Stat. 792.)
-MISC1-
SHORT TITLE
Pub. L. 106-271, Sec. 1, Sept. 22, 2000, 114 Stat. 792, provided
that: "This Act [enacting this section and sections 430f-7 to
430f-12 of this title] may be cited as the 'Corinth Battlefield
Preservation Act of 2000'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-7, 430f-10, 430f-11,
430f-12 of this title.
-End-
-CITE-
16 USC Sec. 430f-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-7. Definitions
-STATUTE-
In sections 430f-6 to 430f-12 of this title:
(1) Map
The term "Map" means the map entitled "Park Boundary-Corinth
Unit", numbered 304/80,007, and dated October 1998.
(2) Park
The term "Park" means the Shiloh National Military Park.
(3) Secretary
The term "Secretary" means the Secretary of the Interior.
(4) Unit
The term "Unit" means the Corinth Unit of Shiloh National
Military Park established under section 430f-8 of this title.
-SOURCE-
(Pub. L. 106-271, Sec. 3, Sept. 22, 2000, 114 Stat. 793.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-6, 430f-10, 430f-11,
430f-12 of this title.
-End-
-CITE-
16 USC Sec. 430f-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-8. Establishment of Unit
-STATUTE-
(a) In general
There is established in the States of Mississippi and Tennessee
the Corinth Unit of the Shiloh National Military Park.
(b) Composition of Unit
The Unit shall be comprised of -
(1) the tract consisting of approximately 20 acres generally
depicted as "Battery Robinett Boundary" on the Map; and
(2) any additional land that the Secretary determines to be
suitable for inclusion in the Unit that -
(A) is under the ownership of a public entity or nonprofit (continued)