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(continued)
organization; and
(B) has been identified by the Siege and Battle of Corinth
National Historic Landmark Study, dated January 8, 1991.
(c) Availability of Map
The Map shall be on file and available for public inspection in
the office of the Director of the National Park Service.
-SOURCE-
(Pub. L. 106-271, Sec. 4, Sept. 22, 2000, 114 Stat. 793.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-6, 430f-7, 430f-10,
430f-11, 430f-12 of this title.
-End-
-CITE-
16 USC Sec. 430f-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-9. Land acquisition
-STATUTE-
(a) In general
The Secretary may acquire land and interests in land within the
boundary of the Park as depicted on the Map, by -
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange.
(b) Exception
Land may be acquired only by donation from -
(1) the State of Mississippi (including a political subdivision
of the State);
(2) the State of Tennessee (including a political subdivision
of the State); or
(3) the organization known as "Friends of the Siege and Battle
of Corinth".
-SOURCE-
(Pub. L. 106-271, Sec. 5, Sept. 22, 2000, 114 Stat. 793.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-6, 430f-7, 430f-10,
430f-11, 430f-12 of this title.
-End-
-CITE-
16 USC Sec. 430f-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-10. Park management and administration
-STATUTE-
(a) In general
The Secretary shall administer the Unit in accordance with
sections 430f-6 to 430f-12 of this title and the laws generally
applicable to units of the National Park System, including -
(1) sections 1, 2, 3, and 4 of this title; and
(2) sections 461 to 467 of this title.
(b) Duties
In accordance with section 430f-5 of this title, the Secretary
shall -
(1) commemorate and interpret, for the benefit of visitors and
the general public, the Siege and Battle of Corinth and other
Civil War actions in the area in and around the city of Corinth
within the larger context of the Civil War and American history,
including the significance of the Civil War Siege and Battle of
Corinth in 1862 in relation to other operations in the western
theater of the Civil War; and
(2) identify and preserve surviving features from the Civil War
era in the area in and around the city of Corinth, including both
military and civilian themes that include -
(A) the role of railroads in the Civil War;
(B) the story of the Corinth contraband camp; and
(C) the development of field fortifications as a tactic of
war.
(c) Cooperative agreements
(1) In general
To carry out sections 430f-6 to 430f-12 of this title, the
Secretary may enter into cooperative agreements with entities in
the public and private sectors, including -
(A) colleges and universities;
(B) historical societies;
(C) State and local agencies; and
(D) nonprofit organizations.
(2) Technical assistance
To develop cooperative land use strategies and conduct
activities that facilitate the conservation of the historic,
cultural, natural, and scenic resources of the Unit, the
Secretary may provide technical assistance, to the extent that a
recipient of technical assistance is engaged in the protection,
interpretation, or commemoration of historically significant
Civil War resources in the area in and around the city of
Corinth, to -
(A) the State of Mississippi (including a political
subdivision of the State);
(B) the State of Tennessee (including a political subdivision
of the State);
(C) a governmental entity;
(D) a nonprofit organization; and
(E) a private property owner.
(d) Resources outside the Unit
Nothing in subsection (c)(2) of this section authorizes the
Secretary to own or manage any resource outside the Unit.
-SOURCE-
(Pub. L. 106-271, Sec. 6, Sept. 22, 2000, 114 Stat. 794.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-6, 430f-7, 430f-11,
430f-12 of this title.
-End-
-CITE-
16 USC Sec. 430f-11 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-11. Authorization of special resource study
-STATUTE-
(a) In general
To determine whether certain additional properties are
appropriate for inclusion in the Unit, the Secretary shall conduct
a special resource study of land in and around the city of Corinth,
Mississippi, and nearby areas in the State of Tennessee that -
(1) have a relationship to the Civil War Siege and Battle of
Corinth in 1862; and
(2) are under the ownership of -
(A) the State of Mississippi (including a political
subdivision of the State);
(B) the State of Tennessee (including a political subdivision
of the State);
(C) a nonprofit organization; or
(D) a private person.
(b) Contents of study
The study shall -
(1) identify the full range of resources and historic themes
associated with the Civil War Siege and Battle of Corinth in
1862, including the relationship of the campaign to other
operations in the western theater of the Civil War that occurred
in -
(A) the area in and around the city of Corinth; and
(B) the State of Tennessee;
(2) identify alternatives for preserving features from the
Civil War era in the area in and around the city of Corinth,
including both military and civilian themes involving -
(A) the role of the railroad in the Civil War;
(B) the story of the Corinth contraband camp; and
(C) the development of field fortifications as a tactic of
war;
(3) identify potential partners that might support efforts by
the Secretary to carry out sections 430f-6 to 430f-12 of this
title, including -
(A) State entities and their political subdivisions;
(B) historical societies and commissions;
(C) civic groups; and
(D) nonprofit organizations;
(4) identify alternatives to avoid land use conflicts; and
(5) include cost estimates for any necessary activity
associated with the alternatives identified under this
subsection, including -
(A) acquisition;
(B) development;
(C) interpretation;
(D) operation; and
(E) maintenance.
(c) Report
Not later than 1 year and 180 days after the date on which funds
are made available to carry out this section, the Secretary shall
submit a report describing the findings of the study under
subsection (a) of this section to -
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of Representatives.
-SOURCE-
(Pub. L. 106-271, Sec. 7, Sept. 22, 2000, 114 Stat. 795.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-6, 430f-7, 430f-10,
430f-12 of this title.
-End-
-CITE-
16 USC Sec. 430f-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430f-12. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as are
necessary to carry out sections 430f-6 to 430f-12 of this title,
including $3,000,000 for the construction of an interpretive center
under section 430f-5(d) of this title.
-SOURCE-
(Pub. L. 106-271, Sec. 8, Sept. 22, 2000, 114 Stat. 796.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430f-6, 430f-7, 430f-10,
430f-11 of this title.
-End-
-CITE-
16 USC Sec. 430g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g. Gettysburg National Military Park
-STATUTE-
The lands heretofore conveyed by the Gettysburg Battlefield
Memorial Association to the United States, embracing about 800
acres, more or less, and being a considerable part of the
battlefield of Gettysburg, and such other lands on the battlefield
as the United States has heretofore acquired or shall hereafter
acquire by purchase or condemnation proceedings, shall be
designated and known as the "Gettysburg National Park." Nothing
contained in this section shall be deemed and held to prejudice the
rights acquired by any State or by any military organization to the
ground on which its monuments or markers are placed, nor the
right-of-way to the same. It shall be the duty of the Secretary of
the Interior to establish and enforce proper regulations for the
custody, preservation, and care of the monuments erected or which
may be hereafter erected within the limits of the said national
military park; and such rules shall provide for convenient access
by visitors to all such monuments within the park, and the ground
included therein, on such days and within such hours as may be
designated and authorized by the Secretary of the Interior. The
Secretary of the Interior may lease the lands of the park at his
discretion either to former owners or other persons for
agricultural purposes, the proceeds to be applied by the Secretary
of the Interior, through the proper disbursing officer, to the
maintenance of the park.
-SOURCE-
(Feb. 11, 1895, ch. 80, 28 Stat. 651; June 4, 1897, ch. 2, Sec. 1,
30 Stat. 44; 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.)
-MISC1-
AMENDMENTS
1966 - Pub. L. 89-554 struck out provisions which required the
affairs of park to be subject to supervision and direction of
Secretary of the Interior.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Gettysburg 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-
ACQUISITION OF ADDITIONAL LANDS FOR GETTYSBURG NATIONAL MILITARY
PARK; STUDY AND REPORT
Pub. L. 100-132, Sec. 2, Oct. 16, 1987, 101 Stat. 807, provided
that:
"(a) Acquisition of Additional Lands. - Except as provided in
section 1 of this Act [16 U.S.C. 430g-3], until Congress receives
the study under subsection (b), the Secretary of the Interior may
not acquire by purchase, donation, exchange, or any other means any
additional land for the Gettysburg National Military Park which is
not within the boundaries of the 3,874 acre area depicted on the
map dated July 25, 1974, numbered 305-92,004 and entitled
'Gettysburg National Military Park'.
"(b) Study by National Park Service. - The Secretary of the
Interior through the National Park Service shall conduct a boundary
study and shall submit a report to Congress within one year of the
date of enactment of this Act [Oct. 16, 1987], with recommendations
with respect to the final development of the Gettysburg National
Military Park. In conducting the study, the Secretary shall consult
with the people of the community and their elected representatives
at all levels as well as with other interested individuals and
groups."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430g-4 of this title.
-End-
-CITE-
16 USC Sec. 430g-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-1. Exchange of lands
-STATUTE-
For the purpose of consolidating Federal holdings of land within
Gettysburg National Military Park, Pennsylvania, the Secretary of
the Interior is authorized, in his discretion, to accept, on behalf
of the United States, approximately four acres of non-Federal land
within the park boundaries, such land to be conveyed to the United
States without cost by the Evergreen Cemetery Association, of
Gettysburg. Upon acceptance of title thereto by the United States,
such property shall be subject to all laws and regulations
applicable to the park. In exchange for the conveyance to the
United States of the aforesaid property, the Secretary of the
Interior is authorized to convey to the Evergreen Cemetery
Association approximately one and one-quarter acres of federally
owned land within the park, such property constituting a
right-of-way through the Evergreen Cemetery property: Provided,
That the aforesaid exchange shall be consummated only upon
condition that the Secretary is satisfied that such exchange is in
the public interest and that the properties to be exchanged are of
approximately equal value.
-SOURCE-
(Jan. 31, 1948, ch. 41, 62 Stat. 16.)
-End-
-CITE-
16 USC Sec. 430g-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-2. Exchange of lands
-STATUTE-
The Secretary of the Interior is authorized to have competent and
disinterested appraisals made as to the value of not more than
twenty-three acres of land in Gettysburg National Military Park, in
the State of Pennsylvania, such land lying generally between East
Confederate Avenue and Wainwright Avenue, and being situated
adjacent to the present high-school property in that area. Upon the
basis of such appraisals, the Secretary is authorized to convey
such property for public-school purposes to the State of
Pennsylvania, or the appropriate local agency thereof, the
conveyance to be made in exchange for non-Federal land of
approximately equal value, which land, upon acceptance by the
United States, shall become a part of Gettysburg National Military
Park.
-SOURCE-
(July 31, 1953, ch. 290, 67 Stat. 243.)
-End-
-CITE-
16 USC Sec. 430g-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-3. Donation of non-Federal lands
-STATUTE-
The Secretary of the Interior shall accept on behalf of the
United States, the donation of approximately 31 acres of land known
as the "Taney Farm" for administration as part of the Gettysburg
National Military Park in Pennsylvania if such land is offered to
be conveyed to the United States without cost to the United States
by the Gettysburg Battlefield Preservation Association. Upon
acceptance of title thereto by the United States, such property
shall be subject to all laws and regulations applicable to the
park.
-SOURCE-
(Pub. L. 100-132, Sec. 1, Oct. 16, 1987, 101 Stat. 807.)
-End-
-CITE-
16 USC Sec. 430g-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-4. Gettysburg National Military Park boundary revision
-STATUTE-
(a) Lands included in park
In furtherance of the purposes of section 430g of this title, the
Gettysburg National Military Park (hereafter in sections 430g-4 to
430g-10 of this title referred to as the "park") shall on and after
August 17, 1990, comprise the lands and interests in lands within
the boundary generally depicted as "Park Boundary" on the map
entitled "Gettysburg National Military Park Boundary Map", numbered
NPS 305/80034-B, and dated March 1990, which shall be on file and
available for public inspection in the Office of the Director of
the National Park Service, Department of the Interior.
(b) Additional land
In addition to the land identified in subsection (a) of this
section, the park shall also include the property commonly known as
the Wills House located in the Borough of Gettysburg and identified
as Tract P02-1 on the map entitled "Gettysburg National Military
Park" numbered MARO 305/80,011 Segment 2, and dated April 1981,
revised May 14, 1999.
(c) Lands excluded from park
Lands and interests in lands outside of the boundary so depicted
as "Park Boundary" on the maps referred to in subsections (a) and
(b) of this section are hereby excluded from the park and shall be
disposed of in accordance with the provisions of section 430g-5(c)
of this title.
-SOURCE-
(Pub. L. 101-377, Sec. 1, Aug. 17, 1990, 104 Stat. 464; Pub. L.
106-290, Sec. 1, Oct. 10, 2000, 114 Stat. 921.)
-MISC1-
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-290, Sec. 1(2), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106-290, Sec. 1(1), (3), redesignated
subsec. (b) as (c) and substituted "maps referred to in subsections
(a) and (b) of this section" for "map referred to in subsection (a)
of this section".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-5, 430g-6, 430g-8,
430g-10 of this title.
-End-
-CITE-
16 USC Sec. 430g-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-5. Acquisition and disposal of lands
-STATUTE-
(a) General authority
The Secretary is authorized to acquire lands and interests in
lands within the park by donation, purchase with donated or
appropriated funds, exchange, or otherwise. In acquiring lands and
interests in lands under sections 430g-4 to 430g-10 of this title,
the Secretary shall acquire the minimum Federal interests necessary
to achieve the objectives identified for specific areas and the
park.
(b) Authority to convey freehold and leasehold interests within
park
The Secretary may convey lands and interests in lands within the
park authorized in accordance with subsection (a) of section
460l-22 of this title, except that, notwithstanding subsection (d)
of that section, the net proceeds from any such conveyance may be
used, subject to appropriations, to acquire lands and interests
within the park.
(c) 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 430g-4(c) 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 August 17, 1990, 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 park and the Gettysburg
Battlefield Historic District (hereafter in sections 430g-5 to
430g-10 of this title referred to as the "historic district").
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.
(d) Relinquishment of legislative jurisdiction to Pennsylvania
With respect to any lands over which the United States exercises
exclusive or concurrent legislative jurisdiction and which are
excluded from the park pursuant to section 430g-4(c) of this title,
the Secretary may relinquish to the State of Pennsylvania such
exclusive or concurrent legislative jurisdiction by filing with the
Governor a notice of relinquishment to take effect upon acceptance
thereof, unless otherwise provided by the laws of the State.
-SOURCE-
(Pub. L. 101-377, Sec. 2, Aug. 17, 1990, 104 Stat. 464; Pub. L.
106-290, Sec. 2, Oct. 10, 2000, 114 Stat. 921.)
-REFTEXT-
REFERENCES IN TEXT
Section 460l-22 of this title, referred to in subsec. (b), was in
the original "subsection (a) of the Act of July 15, 1968 (16 U.S.C.
460l-22)" and was translated as reading subsection (a) of section 5
of the Act of July 15, 1968 (16 U.S.C. 460l-22) to reflect the
probable intent of Congress.
-MISC1-
AMENDMENTS
2000 - Subsecs. (c)(1), (d). Pub. L. 106-290 substituted
"430g-4(c)" for "430g-4(b)".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-4, 430g-8, 430g-10
of this title.
-End-
-CITE-
16 USC Sec. 430g-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-6. Agreements with respect to monuments and tablets
located outside park boundary
-STATUTE-
The Secretary is authorized to enter into agreements with the
owners of property in proximity to but outside the boundary of the
park on which historic monuments and tablets commemorating the
Battle of Gettysburg have been erected on or before January 1,
1990. The Secretary may make funds available, subject to
appropriations, for the maintenance, protection, and interpretation
of such monuments and tablets pursuant to such agreements. In
addition, within the area depicted as the "Gettysburg Battlefield
Historic District" on the map referred to in section 430g-4(a) of
this title, or in proximity thereto, the Secretary may, with the
consent of the owner, acquire, by donation, purchase, or exchange,
lands and interests comprising such monuments and tablets together
with lands and interests necessary to provide adequate public
access thereto.
-SOURCE-
(Pub. L. 101-377, Sec. 3, Aug. 17, 1990, 104 Stat. 465.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-4, 430g-5, 430g-8,
430g-10 of this title.
-End-
-CITE-
16 USC Sec. 430g-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-7. Conservation within Gettysburg Battlefield historic
district
-STATUTE-
(a) Encouragement of conservation
The Secretary shall take appropriate action to encourage
conservation of the historic district by landowners, local
governments, organizations, and businesses.
(b) Prioritization of grants
Within the historic district, the Secretary shall give priority
in making grants under section 101(d), and in providing technical
assistance, information, and advice under section 101(h), of the
National Historic Preservation Act (16 U.S.C. 470a(d), (h)) to
those programs and activities in the historic district that will
assure development and use of natural and cultural resources in a
manner that is consistent with the conservation and maintenance of
the district's historic character.
(c) Provision of technical assistance
The Secretary may provide technical assistance to assist local
governments in cooperative efforts which complement the values of
the park and the historic district and to help landowners prepare
individual property plans which meet landowner and conservation
objectives in the historic district.
(d) Reimbursement of planning costs
The Secretary, under such terms and conditions as the Secretary
may prescribe and at the request of any local or county government
within the historic district, shall provide matching reimbursements
for up to 50 percent of the planning costs incurred by such
government in the development of comprehensive plans and land use
guidelines which are consistent with conserving the historic
character of the historic district. Reimbursements may only be
provided under this subsection to the extent or in such amounts as
are provided in appropriation Acts.
(e) Acceptance of easement donations
The Secretary, upon recommendation from the Director of the
National Park Service, in consultation with the Advisory Commission
established under section 430g-8 of this title, is authorized to
accept donations of conservation easements on land located within
the historic district.
(f) Federal consistency
(1) Any Federal or federally assisted activity or undertaking in
the historic district, shall be consistent to the maximum extent
possible with the purposes of the preservation of the historic
district, including its rural, agricultural, and town elements, and
shall also comply with the National Historic Preservation Act [16
U.S.C. 470 et seq.] and other applicable laws.
(2) The head of any Federal agency (hereafter in this subsection
referred to as the "agency") having direct or indirect jurisdiction
over a proposed Federal or federally assisted undertaking in the
historic district, and the head of any Federal agency having
authority to license or permit any undertaking in such area, shall
at the earliest feasible date prepare a detailed analysis of any
proposed action and submit it to the Secretary.
(3) The Secretary shall review the analysis and consult with the
agency. If after such review and consultation, the Secretary finds
that the proposed action is not consistent with the purposes
identified in this subsection, the agency shall not proceed with
the action until after a justification for the action has been
submitted to the appropriate committees of Congress with adequate
time allowed for Congressional comment. Such justification shall
include the following elements: the anticipated effects on the
historic and commemorative character of the historic district, the
social and economic necessity for the proposed action, all possible
alternatives to the proposed action, the comparative benefits of
proposed alternative actions, and the mitigation measures outlined
in the proposed action.
-SOURCE-
(Pub. L. 101-377, Sec. 4, Aug. 17, 1990, 104 Stat. 465.)
-REFTEXT-
REFERENCES IN TEXT
The National Historic Preservation Act, referred to in subsec.
(f)(1), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II (Sec. 470 et seq.)
of chapter 1A of this title. For complete classification of this
Act to the Code, see section 470(a) of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-4, 430g-5, 430g-8,
430g-10 of this title.
-End-
-CITE-
16 USC Sec. 430g-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-8. Advisory Commission
-STATUTE-
(a) Establishment
There is hereby established the Gettysburg National Military Park
Advisory Commission (hereafter in sections 430g-8 to 430g-10 of
this title referred to as the "Advisory Commission"). The Advisory
Commission shall be composed of eleven members, as follows:
(1) One member representing each of the local governments from
the four townships surrounding the park and the Borough of
Gettysburg, appointed by the Secretary.
(2) One member representing the Adams County, Pennsylvania
government, appointed by the Secretary.
(3) One member representing the State Historic Preservation
Office of the State of Pennsylvania, appointed by the Secretary.
(4) Two members who are residents of Adams County and who are
knowledgeable about the park and its resources, appointed by the
Secretary, one of whom shall own land or interests in land within
the park boundary.
(5) One member with expertise in local historic preservation,
appointed by the Secretary.
(6) The Director of the National Park Service or his designee,
ex officio.
Members shall be appointed for staggered terms of three years, as
designated by the Secretary at the time of the initial
appointments. Any member of the Advisory Commission appointed for a
definite term may serve after the expiration of his term until his
successor is appointed. The Advisory Commission shall designate one
of its members as Chairperson. Six members of the Advisory
Commission shall constitute a quorum.
(b) Management and development issues
The Secretary, or his designee, shall from time to time, but at
least semiannually, meet and consult with the Advisory Commission
to coordinate the management of the park and the historic district
with local jurisdictions.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which
have a distribution which generally covers the area affected by the
park. Advisory Commission meetings shall be held at locations and
in such a manner as to ensure adequate public involvement.
(d) Expenses
Members of the Advisory Commission shall serve without
compensation as such, but the Secretary may pay expenses reasonably
incurred in carrying out their responsibilities under sections
430g-4 to 430g-10 of this title on vouchers signed by the
Chairperson.
(e) Charter
The provisions of section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.) are hereby waived with respect to this Advisory
Commission.
-SOURCE-
(Pub. L. 101-377, Sec. 5, Aug. 17, 1990, 104 Stat. 466.)
-REFTEXT-
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (e), is section 14 of Pub. L. 92-463, which is set out in
the Appendix to Title 5, Government Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-4, 430g-5, 430g-7,
430g-10 of this title.
-End-
-CITE-
16 USC Sec. 430g-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-9. 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 Battle of
Gettysburg 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.
-SOURCE-
(Pub. L. 101-377, Sec. 6, Aug. 17, 1990, 104 Stat. 467.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-4, 430g-5, 430g-8,
430g-10 of this title.
-End-
-CITE-
16 USC Sec. 430g-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430g-10. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of sections 430g-4 to 430g-10
of this title.
-SOURCE-
(Pub. L. 101-377, Sec. 7, Aug. 17, 1990, 104 Stat. 467.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430g-4, 430g-5, 430g-8 of
this title.
-End-
-CITE-
16 USC Sec. 430h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h. Vicksburg National Military Park
-STATUTE-
In order to commemorate the campaign, siege, and defense of
Vicksburg, and to preserve the history of the battles and
operations of the siege and defense on the ground where they were
fought and carried on, the battlefield of Vicksburg, in the State
of Mississippi, insofar as title to the same has been acquired by
the United States and as the usual jurisdiction over the lands and
roads of the same has heretofore been granted to the United States
by the State of Mississippi, shall be a National Military Park. The
Secretary of the Interior is authorized to enter into agreements of
leasing upon such terms as he may prescribe with such persons, who
were on February 21, 1899, occupants or tenants of the lands, as
may desire to remain upon them to occupy and cultivate their
holdings, upon condition that they will preserve the then buildings
and roads and the then outlines of field and forest, and that they
will only cut trees and underbrush under such regulations as the
Secretary of the Interior may prescribe, and that they will assist
in caring for and protecting all tablets, monuments, or such other
historical works as may from time to time be erected by proper
authority: Provided, That the United States shall at all times have
and retain their right, power, and authority to take possession of
any and all parts and portions of said premises, and to remove and
expel therefrom any such occupant, tenant, or other person or
persons found thereon whenever the Secretary of the Interior shall
deem it proper or necessary; and such right, power, and authority
shall be reserved in express terms in all leases and agreements
giving or granting such occupant or tenant the right to remain in
possession as herein contemplated; and thereupon said occupant or
tenant or other persons who may be required to vacate said premises
shall each and all of them at once surrender and deliver up the
possession thereof. It shall be the duty of the Secretary of the
Interior to cause to be restored the forts and lines of
fortification, the parallels and the approaches of the two armies,
or so much thereof as may be necessary to the purposes of this
Park; to open and construct and repair such roads as may be
necessary to said purposes, and to ascertain and to mark with
historical tablets, or otherwise, the lines of battle of the troops
engaged in the assaults, and the lines held by the troops during
the siege and defense of Vicksburg, the headquarters of General
Grant and of General Pemberton, and other historical points of
interest pertaining to the siege and defense of Vicksburg within
the Park or its vicinity; and the Secretary of the Interior shall
have authority to do all things necessary to the purposes of the
park, and he shall make and enforce all needful regulations for the
care of the Park. It shall be lawful for any State that had troops
engaged in the siege and defense of Vicksburg to enter upon the
lands of the Vicksburg National Military Park for the purpose of
ascertaining and marking the lines of battle of its troops engaged
therein: Provided, That before any such lines are permanently
designated the position of the lines and the proposed methods of
marking them by monuments, tablets, or otherwise shall be submitted
to and approved by the Secretary of the Interior, and all such
lines, designs, and inscriptions for the same shall first receive
the written approval of the Secretary of the Interior; and no
monument, tablet, or other designating indication shall be erected
or placed within said park or vicinity without such written
authority of the Secretary of the Interior: 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. The provisions of
this section shall also apply to organizations and persons; and as
the Vicksburg National Cemetery is on ground partly occupied by
Federal lines during the siege of Vicksburg, the provisions of this
section, as far as may be practicable, shall apply to monuments or
tablets designating such lines within the limits of that cemetery.
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, tablet, 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 intended for the protection or
ornamentation of said park, or any portion thereof, or shall
destroy, cut, hack, bark, break down, or otherwise injure any tree,
bush, or shrub 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 United States magistrate judge or court,
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 said magistrate judge or court of the United States or justice
of the peace, according to the aggravation of the offense, of not
less than five nor more than five hundred dollars, one-half for the
use of the park and the other half to the informant, to be enforced
and recovered before such United States magistrate judge or court
or justice of the peace or other court in like manner as debts of
like nature were, on February 21, 1899, by law recoverable in the
several counties where the offense may be committed.
-SOURCE-
(Feb. 21, 1899, ch. 176, 30 Stat. 841; 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. 638; Pub. L. 90-578,
title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L.
101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
AMENDMENTS
1966 - Pub. L. 89-554 struck out provisions relating to
appointment and pay of three commissioners to supervise Vicksburg
National Military Park, and of a secretary.
-CHANGE-
CHANGE OF NAME
"United States magistrate judge" and "magistrate judge"
substituted for "United States magistrate" and "magistrate",
respectively, wherever appearing in text pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure. Previously, "magistrate"
substituted for "commissioner" pursuant to Pub. L. 90-578. See
chapter 43 (Sec. 631 et seq.) of Title 28.
-MISC2-
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-238, Sec. 1, Oct. 11, 2002, 116 Stat. 1486, provided
that: "This Act [enacting sections 430h-10 to 430h-13 of this
title] may be cited as the 'Vicksburg National Military Park
Boundary Modification Act of 2002'."
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Vicksburg 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.
-End-
-CITE-
16 USC Sec. 430h-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-1. Donations of land and property
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept, in behalf of the United States, donations of lands,
buildings, structures, and other property, or interests therein,
within a distance of one mile of the present boundaries of the
Vicksburg National Military Park, which he may determine to be of
historical interest in connection with said park, the title to such
property or interests therein to be satisfactory to the Secretary
of the Interior.
All such property or interests therein, upon acceptance thereof,
shall become a part of the Vicksburg National Military Park and
shall be subject to all laws and regulations applicable thereto.
-SOURCE-
(Oct. 9, 1940, ch. 790, 54 Stat. 1061.)
-End-
-CITE-
16 USC Sec. 430h-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-2. Exchange of certain lands authorized
-STATUTE-
In order to further the consolidation of land comprising
Vicksburg National Military Park, the Secretary of the Interior is
authorized, upon such terms and conditions as he may deem
necessary, to transfer to the city of Vicksburg, Mississippi, for
school purposes, a tract of park land containing three and
one-tenth acres, more or less, now under revocable permit to said
city, acting through its board of education, and to transfer to the
Mississippi State Highway Commission a tract of park land
containing one and thirty-two hundredths acres, more or less, now
under revocable permit to said commission for use as a site for a
weighing station: Provided, That, from among the land designated as
tracts 199, 201, 202, 203, 204, 205, 206, and 216 on map Numbered
NMP-VIC-7007, said city and highway commission shall transfer in
exchange to the United States, for addition to Vicksburg National
Military Park, such land or interests therein as may be mutually
agreed upon and which are approximately equal in value to the
properties being acquired in each case.
-SOURCE-
(Pub. L. 85-667, Aug. 14, 1958, 72 Stat. 617.)
-End-
-CITE-
16 USC Sec. 430h-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-3. Consolidation of lands and installation of park tour
road
-STATUTE-
In order to preserve and protect the essential historical
features of Vicksburg National Military Park in the State of
Mississippi and to enhance visitor enjoyment and safety by means of
a park tour road and through the consolidation of park lands, the
Secretary of the Interior is authorized, in his discretion, and
under such terms and conditions as he determines are in the public
interest -
(a) Disposition of lands and roads; incorporation into municipal
road system; reversion on failure of conditions; reservation of
title to monuments and easements
to quitclaim to the city of Vicksburg, Mississippi,
approximately one hundred and fifty-four acres of land, including
the roads thereon and the park land abutting said roads, in
exchange for the city's agreeing to place the roads in its road
system and thereby assume jurisdiction and maintenance thereof,
and upon the further agreement of the city to maintain the
parklike character of so much of the parkland conveyed to it and
abutting the road as the Secretary may prescribe, said land being
generally that part of Vicksburg National Military Park lying
south of Fort Garrott with the exception of Navy Circle, South
Fort, and Louisiana Circle: Provided, That title to so much of
said abutting park land prescribed by the Secretary and covered
by said agreement of the city to maintain the parklike character
thereof shall revert to the United States if its parklike
character is not maintained; to quitclaim to Warren County,
Mississippi, upon like terms and conditions approximately
twenty-four acres of land, including the road and abutting park
land, being known as Sherman Avenue and the Sherman Avenue spur;
to release or quitclaim to Warren County or any other appropriate
political subdivision of the State all interest which the United
States of America has, if any, in those portions of any public
road located on park land which are no longer required for park
purposes: Provided, That the United States shall reserve from the
conveyance or conveyances made pursuant to this subsection title
to all historical monuments, means of access thereto, and such
other easements as the Secretary determines are required for the
continued administration of said monuments as a part of Vicksburg
National Military Park; and
(b) Acquisition of lands: purchases, condemnations and donations
to acquire not in excess of five hundred and forty-four acres
of land, or interests in land, for addition to Vicksburg National
Military Park, such authority to include purchase and
condemnation with appropriated funds but not to constitute a
limitation upon existing authority to accept donations; and
(c) Municipal agreements of park tour road's effect upon local
road systems; Federal obligations for local roads directly
attributable to installation of park tour road
to enter into agreements with duly authorized officials of the
City of Vicksburg and Warren County relative to the effect which
the installation of a one-way park tour road with controlled
access will have upon the existing local road systems; subject to
the availability of funds, to obligate the United States to makeprovisions for such alterations, relocations and construction of (continued)