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(continued)
local roads, including procurement of rights-of-way therefor and
the subsequent transfer thereof to the State or its appropriate
political subdivisions which shall thereupon assume jurisdiction
and maintenance, as the Secretary and said officials agree are
directly attributable to the installation of the park tour road;
and to transfer to the city or county jurisdiction and
maintenance of service roads which the Secretary constructs on
park lands to properties that otherwise would be denied access
because of the installation of the park tour road.
The Secretary of the Interior shall not, without first obtaining
the consent of the city and county officials referred to in
subsection (c), convert the portion of the existing road known as
Confederate Avenue lying between Graveyard Road and Fort Garrott
into a one-way park tour road with controlled access, or otherwise
limit the use of such portion by local traffic, until the United
States has provided for such alterations, relocations, and
construction of local roads (including procurement of
rights-of-way) as the Secretary and said officials agree are
directly attributable to the installation of such park tour road.
-SOURCE-
(Pub. L. 88-37, Sec. 1, June 4, 1963, 77 Stat. 55.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430h-5 of this title.
-End-
-CITE-
16 USC Sec. 430h-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-4. Jurisdiction over lands and roads
-STATUTE-
Upon the delivery and acceptance of the conveyances herein
authorized, any jurisdiction heretofore ceded to the United States
by the State of Mississippi over the lands and roads transferred
shall thereby cease and thereafter rest in the State of
Mississippi.
-SOURCE-
(Pub. L. 88-37, Sec. 2, June 4, 1963, 77 Stat. 56.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430h-5 of this title.
-End-
-CITE-
16 USC Sec. 430h-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-5. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums, but not
more than $3,850,000, as are required for acquisition of lands and
interests in lands and for construction and relocation of roads
pursuant to sections 430h-3 to 430h-5 of this title.
-SOURCE-
(Pub. L. 88-37, Sec. 3, June 4, 1963, 77 Stat. 56; Pub. L. 94-578,
title II, Sec. 201(8), Oct. 21, 1976, 90 Stat. 2733.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "$3,850,000" for "$2,050,000".
-End-
-CITE-
16 USC Sec. 430h-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-6. Addition of lands to Vicksburg National Military Park
-STATUTE-
(a) Grant's Canal, Louisiana
The Secretary of the Interior (hereinafter in sections 430h-6 to
430h-9 of this title referred to as the "Secretary") is authorized
to acquire by donation, exchange, or purchase with donated or
appropriated funds, approximately two and five-tenths acres of land
in Madison Parish, Louisiana, known generally as the Grant's Canal
property.
(b) Warren County, Mississippi
(1) The Secretary is authorized to acquire by donation
approximately two and eighty-two one-hundredths acres of land
adjacent to the entrance of Vicksburg National Military Park owned
by Warren County, Mississippi.
(2) The Secretary may contribute, in cash or services, to the
relocation and construction of a maintenance facility to replace
the facility located on the land to be donated, all in accordance
with an agreement between the Secretary and the Board of
Supervisors.
(3) The Secretary is authorized to restore and landscape the
property acquired pursuant to this subsection.
(c) Boundary revision
Upon acquisition of the properties referred to in subsections (a)
and (b) of this section, the Secretary shall, after the publication
of notice in the Federal Register, revise the boundary of Vicksburg
National Military Park (hereinafter in sections 430h-6 to 430h-9 of
this title referred to as the "park") to reflect the inclusion of
such properties within the park.
-SOURCE-
(Pub. L. 101-442, title I, Sec. 101, Oct. 18, 1990, 104 Stat.
1019.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430h-9 of this title.
-End-
-CITE-
16 USC Sec. 430h-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-7. Exclusion of lands from park
-STATUTE-
(a) Exclusion of certain lands
The park boundary is hereby revised to exclude those lands
depicted as "Proposed Deletions" on the map entitled "Vicksburg
National Military Park" numbered 306-80,007 and dated May 1990,
which map shall be on file and available for public inspection in
the Office of the National Park Service, Department of the
Interior. Exclusive jurisdiction over the lands excluded from the
park is hereby retroceded to the State of Mississippi.
(b) Transfer to adjacent owners
(1) For a period ending four years after October 18, 1990, and
subject to the provisions of paragraph (2), the Secretary is
authorized to convey title to all or part of the lands referred to
in subsection (a) of this section to an owner of property adjacent
to such lands, upon the application of such owner.
(2) No property shall be conveyed unless the application referred
to in paragraph (1) is accompanied by a payment in an amount equal
to -
(A) the fair market value of the land to be conveyed; and
(B) the administrative costs of such transfer incurred by the
Secretary, including the costs of surveys, appraisals, and filing
and recording fees.
(c) Excess property
Any lands not conveyed pursuant to subsection (b) of this section
shall be reported to the Administrator of General Services as
excess to the needs of the Department of the Interior and shall be
subject to transfer or disposition in accordance with the Federal
Property and Administrative Services Act of 1949, as amended.
-SOURCE-
(Pub. L. 101-442, title I, Sec. 102, Oct. 18, 1990, 104 Stat.
1019.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c), 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 sections 430h-6, 430h-9 of this
title.
-End-
-CITE-
16 USC Sec. 430h-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-8. Park interpretation
-STATUTE-
In administering Vicksburg National Military Park, the Secretary
shall interpret the campaign and siege of Vicksburg from April 1862
to July 4, 1863, and the history of Vicksburg under Union
occupation during the Civil War and Reconstruction.
-SOURCE-
(Pub. L. 101-442, title I, Sec. 103, Oct. 18, 1990, 104 Stat.
1020.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430h-6, 430h-9 of this
title.
-End-
-CITE-
16 USC Sec. 430h-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-9. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of sections 430h-6 to 430h-9
of this title.
-SOURCE-
(Pub. L. 101-442, title I, Sec. 104, Oct. 18, 1990, 104 Stat.
1020.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430h-6 of this title.
-End-
-CITE-
16 USC Sec. 430h-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-10. Boundary modification
-STATUTE-
The boundary of Vicksburg National Military Park is modified to
include the property known as Pemberton's Headquarters, as
generally depicted on the map entitled "Boundary Map, Pemberton's
Headquarters at Vicksburg National Military Park", numbered
306/80015A, and dated August, 2001. The map shall be on file and
available for inspection in the appropriate offices of the National
Park Service.
-SOURCE-
(Pub. L. 107-238, Sec. 2, Oct. 11, 2002, 116 Stat. 1486.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430h-11, 430h-12, 430h-13
of this title.
-End-
-CITE-
16 USC Sec. 430h-11 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-11. Acquisition of property
-STATUTE-
(a) Pemberton's Headquarters
The Secretary of the Interior is authorized to acquire the
properties described in section 430h-10 of this title and
subsection (b) of this section by purchase, donation, or exchange,
except that each property may only be acquired with the consent of
the owner thereof.
(b) Parking
The Secretary is also authorized to acquire not more than one
acre of land, or interest therein, adjacent to or near Pemberton's
Headquarters for the purpose of providing parking and other
facilities related to the operation of Pemberton's Headquarters.
Upon the acquisition of the property referenced in this subsection,
the Secretary add it to Vicksburg National Military Park and shall
modify the boundaries of the park to reflect its inclusion.
-SOURCE-
(Pub. L. 107-238, Sec. 3, Oct. 11, 2002, 116 Stat. 1486.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430h-12, 430h-13 of this
title.
-End-
-CITE-
16 USC Sec. 430h-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-12. Administration
-STATUTE-
The Secretary shall administer any properties acquired under
sections 430h-10 to 430h-13 of this title as part of the Vicksburg
National Military Park in accordance with applicable laws and
regulations.
-SOURCE-
(Pub. L. 107-238, Sec. 4, Oct. 11, 2002, 116 Stat. 1486.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430h-13 of this title.
-End-
-CITE-
16 USC Sec. 430h-13 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430h-13. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out sections 430h-10 to 430h-13 of this title.
-SOURCE-
(Pub. L. 107-238, Sec. 5, Oct. 11, 2002, 116 Stat. 1487.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430h-12 of this title.
-End-
-CITE-
16 USC Sec. 430i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430i. Guilford Courthouse National Military Park
-STATUTE-
In order to preserve for historical and professional military
study one of the most memorable battles of the Revolutionary War,
the Battlefield of Guilford Courthouse, in the State of North
Carolina, containing in the aggregate 125 acres, more or less,
together with all privileges and appurtenances thereunto belonging,
title to which has heretofore been acquired by the United States,
shall be a national military park and shall be known as the
Guilford Courthouse National Military Park. The Secretary of the
Interior is authorized and directed to acquire at such times and in
such manner such additional lands adjacent to the Guilford
Courthouse National Military Park as may be necessary for the
purposes of the park and for its improvement. It shall be the duty
of the Secretary of the Interior, to open or repair such roads as
may be necessary to the purposes of the park, and to ascertain and
mark with historical tablets or otherwise, as the Secretary of the
Interior may determine, all lines of battle of the troops engaged
in the Battle of Guilford Courthouse 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 Guilford Courthouse
to enter upon the lands of the Guilford Courthouse 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. If any person shall, except by permission of the
Secretary of the Interior, destroy, mutilate, deface, injure, or
remove any monument, column, statues, memorial structures, or work
of art that shall be erected or placed upon the grounds of the park
by lawful authority, or shall destroy or remove any fence, railing,
inclosure, or other work for the protection or ornamentation of
said park, or any portion thereof, or shall destroy, cut, hack,
bark, break down, or otherwise injure any tree, brush, or shrubbery
that may be growing upon said park, or shall cut down or fell or
remove any timber, battle relic, tree, or trees growing or being
upon said park, or hunt within the limits of the park, any person
so offending and found guilty thereof before any justice of the
peace of the county of Guilford, State of North Carolina, shall,
for each and every such offense, forfeit and pay a fine, in the
discretion of the justice, according to the aggravation of the
offense, of not less than $5 nor more than $50, one-half for the
use of the park and the other half to the informer, to be enforced
and recovered before such justice in like manner as debts of like
nature were on March 2, 1917, by law recoverable in the said county
of Guilford, State of North Carolina.
-SOURCE-
(Mar. 2, 1917, ch. 152, 39 Stat. 996; 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. 643.)
-MISC1-
AMENDMENTS
1966 - Pub. L. 89-554 struck out provisions which required the
affairs of park, subject to supervision and direction of Secretary
of the Interior, to be in charge of three commissioners.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Guilford Courthouse 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.
ABOLITION OF COMMISSION
Act Oct. 9, 1942, ch. 583, 56 Stat. 778, provided: "That the
Guilford Courthouse National Military Park Commission, established
pursuant to the Act of March 2, 1917 (39 Stat. 996; 16 U.S.C.
430i), is abolished effective at the expiration, on October 13,
1941, of the current appointment of the resident commissioner."
-End-
-CITE-
16 USC Sec. 430j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430j. Monocacy National Battlefield; establishment
-STATUTE-
That in order to commemorate the Battle of Monocacy, Maryland,
and to preserve for historical purposes the breastworks,
earthworks, walls, or other defenses or shelters used by the armies
therein, the battlefield at Monocacy in the State of Maryland is
hereby established as the Monocacy National Battlefield. The
battlefield shall comprise the area within the boundary generally
depicted on the map entitled "Monocacy National Battlefield,"
numbered 894/40,001A, and dated April 1980, which shall be on file
and available for public inspection in the Office of the National
Park Service, Department of the Interior.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 1, 48 Stat. 1198; Pub. L. 94-578,
title III, Sec. 319(1), Oct. 21, 1976, 90 Stat. 2738; Pub. L.
96-607, title XIV, Sec. 140(a), Dec. 28, 1980, 94 Stat. 3546.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-607 substituted provision directing that the
battlefield be comprised of the area within the boundary generally
depicted on the map entitled Monocacy National Battlefield,
numbered 894/40,001A, dated April 1980, which map is to be on file
and available for public inspection for provision directing that
the battlefield be comprised of the area generally depicted on the
drawing entitled Boundary, Monocacy National Battlefield, numbered
894-40,000, dated May 1976.
1976 - Pub. L. 94-578 substituted "is declared a national
battlefield to be known as the 'Monocacy National Battlefield'
(hereinafter referred to as 'the battlefield'). The battlefield
shall comprise the area generally depicted on the drawing entitled
'Boundary, Monocacy National Battlefield', numbered 894-40,000 and
dated May 1976" for "is declared a national military park to be
known as the 'Monocacy National Military Park', whenever the title
to the lands deemed necessary by the Secretary of the Interior
shall have been acquired by the United States and the usual
jurisdiction over the lands and roads of the same shall have been
granted to the United States by the State of Maryland".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o, 430s of this
title.
-End-
-CITE-
16 USC Sec. 430k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430k. Condemnation proceedings; purchase without condemnation;
acceptance of donations of land
-STATUTE-
The Secretary of the Interior is authorized to cause condemnation
proceedings to be instituted in the name of the United States under
the provisions of section 3113 of title 40, to acquire title to the
lands, interests therein, or rights pertaining thereto within the
said battlefield, and the United States shall be entitled to
immediate possession upon the filing of the petition in
condemnation in the United States District Court for the District
of Maryland: Provided, That when the owner of such lands, interests
therein, or rights pertaining thereto shall fix a price for the
same, which, in the opinion of the Secretary of the Interior, shall
be reasonable, the Secretary may purchase the same without further
delay: Provided further, That the Secretary of the Interior is
authorized to accept, on behalf of the United States, donations of
lands, interests therein, or rights pertaining thereto required for
the battlefield: And provided further, That title and evidence of
title to lands and interests therein acquired for said battlefield
shall be satisfactory to the Secretary of the Interior.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 2, 48 Stat. 1199; Pub. L. 94-578,
title III, Sec. 319(2), Oct. 21, 1976, 90 Stat. 2738.)
-COD-
CODIFICATION
"Section 3113 of title 40" substituted in text for "the Act of
August 1, 1888, entitled 'An Act to authorize condemnation of lands
for sites for public buildings and for other purposes' (25 Stat.L.
357)" 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.
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "battlefield" for "Monocacy
National Military Park" wherever appearing.
-CHANGE-
CHANGE OF NAME
"Battlefield" substituted in text for "park" in view of
redesignation of Monocacy National Military Park as Monocacy
National Battlefield by Pub. L. 94-578, Sec. 319(1), set out as
section 430j of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o, 430s of this
title.
-End-
-CITE-
16 USC Sec. 430l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430l. Leases with preceding owners of acquired lands;
conditions
-STATUTE-
The Secretary of the Interior is authorized to lease to the
immediately preceding owner or owners any lands acquired pursuant
to an agreement that such lessee or lessees will occupy such lands
in a manner consistent with the purposes of sections 430j to 430m
and 430o to 430s of this title and that they will preserve the
present breastworks, earthworks, walls, defenses, shelters,
buildings, and roads, and the present outlines of the battlefields,
and that they will only cut trees or underbrush or disturb or
remove the soil, under such regulations as the Secretary of the
Interior may prescribe, and that they will assist in protecting all
tablets, monuments, or such other artificial works as may from time
to time be erected by proper authority.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 3, 48 Stat. 1199; Pub. L. 94-578,
title III, Sec. 319(3), Oct. 21, 1976, 90 Stat. 2738.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "lease to the immediately
preceding owner or owners any lands acquired pursuant to an
agreement that such lessee or lessees will occupy such lands in a
manner consistent with the purposes of sections 430j to 430m and
430o to 430s of this title and" for "enter into leases with the
owners of such of the lands, works, defenses, and buildings thereon
within the Monocacy National Military Park, as in his discretion it
is unnecessary to forthwith acquire title to, and such leases shall
be on such terms and conditions as the Secretary of the Interior
may prescribe, and may contain options to purchase, subject to
later acceptance, if, in the judgment of the Secretary of the
Interior, it is as economical to purchase as condemn title to the
property: Provided, That the Secretary of the Interior may enter
into agreements upon such nominal terms as he may prescribe,
permitting the present owners or their tenants to occupy or
cultivate their present holdings, upon condition".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430o, 430s of this title.
-End-
-CITE-
16 USC Sec. 430m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430m. Administration
-STATUTE-
The administration, development, preservation, and maintenance of
the battlefield shall be exercised by the Secretary of the Interior
in accordance with sections 1, 2, 3, and 4 of this title, as
amended and supplemented, and sections 461 to 467 of this title.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 4, 48 Stat. 1199; Pub. L. 94-578,
title III, Sec. 319(4), Oct. 21, 1976, 90 Stat. 2738.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "The administration,
development, preservation, and maintenance of the battlefield shall
be exercised by the Secretary of the Interior in accordance with
sections 1, 2, 3, and 4 of this title, as amended and supplemented,
and sections 461 to 467 of this title" for "The affairs of the
Monocacy National Military Park shall, subject to the supervision
and direction of the National Park Service of the Interior
Department, be in charge of a superintendent, to be appointed by
the Secretary of the Interior".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o, 430s of this
title.
-End-
-CITE-
16 USC Sec. 430n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430n. Repealed. Pub. L. 94-578, title III, Sec. 319(5), Oct.
21, 1976, 90 Stat. 2738
-MISC1-
Section, act June 21, 1934, ch. 694, Sec. 5, 48 Stat. 1199,
provided for opening and repair of necessary roads in battlefield
and erection of historical tablets.
-End-
-CITE-
16 USC Sec. 430o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430o. Gifts and donations; acceptance by Secretary
-STATUTE-
The Secretary of the Interior, is authorized to receive gifts and
contributions from States, Territories, societies, organizations,
and individuals for the battlefield for carrying out the provisions
of sections 430j to 430m and 430o to 430j to 430s of this title.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 6, 48 Stat. 1199; Pub. L. 94-578,
title III, Sec. 319(6), Oct. 21, 1976, 90 Stat. 2738.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "The Secretary of the Interior
is authorized to receive gifts and contributions from States,
Territories, societies, organizations, and individuals for the
battlefield" for "The National Park Service, acting through the
Secretary of the Interior, is authorized to receive gifts and
contributions from States, Territories, societies, organizations,
and individuals for the Monocacy National Military Park: Provided,
That all contributions of money received shall be deposited in the
Treasury of the United States and credited to a fund to be
designated 'Monocacy National Military Park fund', which fund shall
be applied to and expended under the direction of the Secretary of
the Interior,".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430s of this title.
-End-
-CITE-
16 USC Sec. 430p 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430p. Right of States to enter and mark battle lines
-STATUTE-
It shall be lawful for the authorities of any State having had
troops at the Battle of Monocacy to enter upon the lands and
approaches of the battlefield for the purpose of ascertaining and
marking the line of battle of troops engaged therein: Provided,
That before any such lines are permanently designated the position
of the lines and the proposed methods of marking them by monuments,
tablets, or otherwise, including the design and inscription for the
same, shall be submitted to the Secretary of the Interior and shall
first receive written approval of the Secretary: Provided further,
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-
(June 21, 1934, ch. 694, Sec. 7, 48 Stat. 1200; Pub. L. 94-578,
title III, Sec. 319(7), Oct. 21, 1976, 90 Stat. 2738.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "battlefield" for "Monocacy
National Military Park" and ": Provided further," for ", which
approval shall be based upon formal written reports to be made to
him in each case by the National Park Service: Provided,".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o, 430s of this
title.
-End-
-CITE-
16 USC Sec. 430q 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430q. Offenses
-STATUTE-
If any person shall, except by permission of the Secretary of the
Interior, destroy, mutilate, deface, injure, or remove any
monument, column, statue, memorial structure, or work of art that
shall be erected or placed upon the grounds of the park by lawful
authority, or shall destroy or remove any fence, railing,
enclosure, or other work for the protection or ornament of said
park, or any portion thereof, or shall destroy, cut, hack, bark,
break down, or otherwise injure any tree, bush, or shrubbery that
may be growing upon said park, or shall cut down or fell or remove
any timber, battle relic, tree or trees growing or being upon said
park, or hunt within the limits of the park, or shall remove or
destroy any breastworks, earthworks, walls, or other defenses or
shelter or any part thereof constructed by the armies formerly
engaged in the battles on the lands or approaches to the park, any
person so offending and found guilty thereof, before any United
States magistrate judge or court, of the jurisdiction in which the
offense may be committed, shall for each and every such offense
forfeit and pay a fine, in the discretion of the United States
magistrate judge or court, according to the aggravation of the
offense.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 8, 48 Stat. 1200; Pub. L. 90-578,
title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L.
94-578, title III, Sec. 319(8), Oct. 21, 1976, 90 Stat. 2739; Pub.
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 struck out provisions which limited fines
to not less than $5 nor more than $500.
-CHANGE-
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
magistrate" wherever appearing in text pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure. Previously, "United States
magistrate" substituted for "United States commissioner" pursuant
to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o, 430s of this
title.
-End-
-CITE-
16 USC Sec. 430r 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430r. Rules and regulations
-STATUTE-
The Secretary of the Interior shall have the power to make all
needful rules and regulations for the care of the park, and for the
establishment and marking of lines of battle and other historical
features of the park.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 9, 48 Stat. 1200.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o, 430s of this
title.
-End-
-CITE-
16 USC Sec. 430s 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430s. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary, but not more than $3,525,000 for the acquisition of
lands and interests in lands, and not to exceed $500,000 for the
development of essential public facilities. Within three years from
October 21, 1976, the Secretary shall develop and transmit to the
Committees on Interior and Insular Affairs of the United States
Congress a final master plan for the full development of the
battlefield consistent with the preservation objectives of sections
430j to 430m and 430o to 430s of this title, indicating:
(1) the facilities needed to accommodate the health, safety,
and interpretive needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
battlefield.
No funds authorized to be appropriated pursuant to this section
shall be available prior to October 1, 1977.
-SOURCE-
(June 21, 1934, ch. 694, Sec. 10, 48 Stat. 1200; Pub. L. 94-578,
title III, Sec. 319(9), Oct. 21, 1976, 90 Stat. 2739.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituting provisions authorizing
appropriations of not more than $3,525,000 for the acquisition of
lands and interests in lands, and not to exceed $500,000 for
development of essential public facilities for provisions which
authorized appropriation of $50,000 to carry out sections 430j to
430m and 430o to 430s of this title and inserted provisions for
development and transmittal within three years from Oct. 21, 1976,
of a final master plan for full development of the battlefield.
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. 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.
-MISC2-
AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAND ACQUISITION
Pub. L. 102-202, Sec. 1, Dec. 10, 1991, 105 Stat. 1634, provided
that: "There are authorized to be appropriated up to $20,000,000
for acqusition [sic] of lands and interests in lands for purposes
of the Monocacy National Battlefield, Maryland; such sums shall be
in addition to other funds available for such purposes."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 430l, 430o of this title.
-End-
-CITE-
16 USC Sec. 430t 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430t. Kennesaw Mountain National Battlefield Park;
establishment
-STATUTE-
When title to all the lands, structures, and other property
within the military battlefield area and other areas of Civil War
interest at and in the vicinity of Kennesaw Mountain in the State
of Georgia, as shall be designated by the Secretary of the
Interior, in the exercise of his discretion, as necessary or
desirable for national battlefield park purposes, shall have been
vested in the United States, such areas shall be, and they are,
established, dedicated, and set apart as a public park for the
benefit and inspiration of the people and shall be known as the
"Kennesaw Mountain National Battlefield Park."
-SOURCE-
(June 26, 1935, ch. 315, Sec. 1, 49 Stat. 423.)
-End-
-CITE-
16 USC Sec. 430u 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430u. Donations of land; purchase and condemnation
-STATUTE-
The Secretary of the Interior is authorized to accept donations
of land, interests in land, buildings, structures, and other
property within the boundaries of said national battlefield park as
determined and fixed hereunder, the title and evidence of title to
lands purchased to be satisfactory to the Secretary of the
Interior: Provided, That under such funds available therefor he may
acquire on behalf of the United States by purchase when purchasable
at prices deemed by him reasonable, otherwise by condemnation under
the provisions of section 3113 of title 40, such tracts of land
within the said national battlefield park as may be necessary for
the completion thereof.
-SOURCE-
(June 26, 1935, ch. 315, Sec. 2, 49 Stat. 423.)
-COD-
CODIFICATION
"Section 3113 of title 40" substituted in text for "the Act of
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.
-End-
-CITE-
16 USC Sec. 430v 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430v. Monuments and memorials; regulations; historical markers
-STATUTE-
Upon creation of the national battlefield park the Secretary of
the Interior shall -
(a) Allow monuments and memorials to be erected in the park by
and to the various organizations and individuals of either the
Union or Confederate Armies, subject to the written approval of
said Secretary as to the location and character of such monuments
and memorials.
(b) Make such regulations as are necessary from time to time for
the care and protection of the park. Any person violating such
regulations shall be guilty of an offense punishable by a fine of
not more than $500, or imprisonment not exceeding six months, or
both.
(c) Provide for the ascertainment and marking of the route of
march of the Union and Confederate Armies from Chattanooga,
Tennessee, through Georgia, and of principal battle lines,
breastworks, fortifications, and other historical features along
such route, and for the maintenance of such markers to such extent
as deemed advisable and practicable.
-SOURCE-
(June 26, 1935, ch. 315, Sec. 3, 49 Stat. 423.)
-End-
-CITE-
16 USC Sec. 430w 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430w. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the aforesaid
national battlefield park 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-
(June 26, 1935, ch. 315, Sec. 4, 49 Stat. 424.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC Sec. 430x 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430x. Authorization of appropriations; authorization to expand
boundaries
-STATUTE-
The sum of $100,000 is authorized to be appropriated out of any
sums in the Treasury not otherwise appropriated for the purposes
herein designated: Provided, That if, after the expenditure of the
funds herein authorized, the Secretary of the Interior shall
determine that the acquisition of additional lands is necessary in
order to perfect the symmetry of the park area or to acquire
locations of historic interest adjacent to the park area already
acquired upon which fortifications or entrenchments are located
which are likely to deteriorate or be destroyed under private
ownership, he is authorized to acquire additional lands for such
purposes.
-SOURCE-
(June 26, 1935, ch. 315, Sec. 5, 49 Stat. 424; Aug. 9, 1939, ch.
614, Sec. 1, 53 Stat. 1274.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act June 26, 1935, ch. 315, 49
Stat. 423, which is classified to sections 430t to 430x of this
title. For complete classification of this Act to the Code, see
Tables.
-MISC1-
AMENDMENTS
1939 - Act Aug. 9, 1939, inserted proviso.
APPROPRIATION
Additional $55,000 was appropriated by section 2 of act Aug. 9,
1939.
-End-
-CITE-
16 USC Sec. 430y 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430y. Spanish War Memorial Park; establishment
-STATUTE-
When title to such lands located on Davis Island in the city of
Tampa, Florida, as shall be designated by the Secretary of the
Interior, in the exercise of his judgment and discretion as
necessary and suitable for the purpose, shall have been vested in
the United States, said area shall be set apart as the Spanish War
Memorial Park, for the benefit and inspiration of the people:
Provided, That said lands shall be donated without cost to the
United States by the city of Tampa, Florida, and the Secretary of
the Interior is authorized to accept such conveyance of lands.
-SOURCE-
(Aug. 20, 1935, ch. 575, Sec. 1, 49 Stat. 661.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430z-1 of this title.
-End-
-CITE-
16 USC Sec. 430z 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430z. Monument within park; construction authorized
-STATUTE-
There is authorized to be located and constructed within said
memorial park a suitable monument or memorial to commemorate the
patriotic services of the American forces in the War with Spain.
The cost of establishing such monument or memorial, of constructing
suitable sidewalks and approaches, and of landscaping such site,
may be paid from any fund or moneys available for such purpose,
except from the general fund of the Treasury; and the Secretary is
for that purpose further authorized and empowered to determine upon
a suitable location, plan, and design for said monument or
memorial, by and with the advice of the National Commission of Fine
Arts.
-SOURCE-
(Aug. 20, 1935, ch. 575, Sec. 2, 49 Stat. 661.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 430z-1 of this title.
-End-
-CITE-
16 USC Sec. 430z-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX - NATIONAL MILITARY PARKS
-HEAD-
Sec. 430z-1. Landscaping park; employment of architects and
engineers
-STATUTE-
In the discharge of his duties hereunder, the Secretary of the
Interior, through the National Park Service, is authorized to
employ, in his discretion, by contract or otherwise, landscape
architects, architects, artists, engineers, and/or other expert
consultants in accordance with the usual customs of the several
professions and that expenditures for such employment shall be
construed to be included in any appropriations hereafter authorized
for any work under the objectives of sections 430y to 430z-3 of
this title.
-SOURCE-
(Aug. 20, 1935, ch. 575, Sec. 3, 49 Stat. 662.)
-COD-
CODIFICATION
Provisions which authorized employment of landscape architects,
architects, artists, engineers, and/or other expert consultants in
accordance with the usual customs of the several professions
"without reference to civil-service requirements or to the
Classification Act of 1923, as amended" were omitted as obsolete.
Such employment is subject to the civil service laws unless (continued)