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(continued)
-HEAD-
Sec. 433. American antiquities
-STATUTE-
Any person who shall appropriate, excavate, injure, or destroy
any historic or prehistoric ruin or monument, or any object of
antiquity, situated on lands owned or controlled by the Government
of the United States, without the permission of the Secretary of
the Department of the Government having jurisdiction over the lands
on which said antiquities are situated, shall, upon conviction, be
fined in a sum of not more than $500 or be imprisoned for a period
of not more than ninety days, or shall suffer both fine and
imprisonment, in the discretion of the court.
-SOURCE-
(June 8, 1906, ch. 3060, Sec. 1, 34 Stat. 225.)
-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of the Interior related to compliance with permits
issued under sections 431, 432, and 433 of this title and such
functions of Secretary or other official in Department of
Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with removal
of objects of antiquity under sections 431, 432, and 433 with
respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector
for the Alaska Natural Gas Transportation System, until the first
anniversary of date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),
(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective
July 1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees. Office of Federal Inspector for the
Alaska Natural Gas Transportation System abolished and functions
and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out as an
Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410mm, 432, 434, 470cc,
470dd, 698w, 1133 of this title; title 20 section 78a; title 43
section 1714.
-End-
-CITE-
16 USC Sec. 433a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433a. Perry's Victory and International Peace Memorial;
establishment
-STATUTE-
The President of the United States is authorized to establish by
proclamation the following-described Government lands, together
with the Perry's Victory Memorial proper, its approaches, retaining
walls, and all buildings, structures, and other property thereon,
situated in Put-in-Bay Township, South Bass Island, Ottawa County,
Lake Erie, State of Ohio, as the "Perry's Victory and International
Peace Memorial", for the preservation of the historical
associations connected therewith, to inculcate the lessons of
international peace by arbitration and disarmament, and for the
benefit and enjoyment of the people: Commencing at the intersection
of the middle line of Delaware Avenue and Chapman Avenue, in the
village of Put-in-Bay, and running thence south eighty-eight
degrees fifty-nine minutes east in the middle line of said Delaware
Avenue, and the same extended four hundred and ninety-five feet to
Lake Erie; thence north forty-nine degrees fifty-nine minutes east
along said lake shore three hundred and forty-six feet; thence
north forty-three degrees fourteen minutes east along said lake
shore two hundred and twelve feet; thence north fifty-three degrees
thirteen minutes east four hundred feet along said lake shore;
thence north forty-six degrees six minutes west about seven hundred
and thirty feet to Lake Erie; thence southwesterly and westerly
along said lake shore to the middle line, extended, of said Chapman
Avenue; thence south one degree thirty minutes west along said
middle line, and the same extended, about five hundred and twenty
feet to the place of beginning, and containing fourteen and
twenty-five one-hundredths acres of land and known as a part of
lots numbered 1 and 2, range south of county road, and a part of
lot numbered 12, East Point, in South Bass Island, in the township
of Put-in-Bay, county of Ottawa, State of Ohio.
-SOURCE-
(June 2, 1936, ch. 477, Sec. 1, 49 Stat. 1393; Pub. L. 92-568, Sec.
1, Oct. 26, 1972, 86 Stat. 1181.)
-CHANGE-
CHANGE OF NAME
"Perry's Victory and International Peace Memorial" substituted in
text for "Perry's Victory and International Peace Memorial National
Monument" to conform to the redesignation provided in section 1 of
Pub. L. 92-568, classified to section 433f-1 of this title.
-MISC1-
ESTABLISHMENT OF MEMORIAL; BOUNDARIES
Memorial and boundaries established by Presidential Proc. No.
2182, July 6, 1936, 50 Stat. 1734.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 433c, 433f, 433f-1 of
this title.
-End-
-CITE-
16 USC Sec. 433b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433b. Administration, protection, and development
-STATUTE-
The administration, protection and development of the aforesaid
peace memorial 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 2, 1936, ch. 477, Sec. 2, 49 Stat. 1394; Pub. L. 92-568, Sec.
1, Oct. 26, 1972, 86 Stat. 1181.)
-CHANGE-
CHANGE OF NAME
"Peace memorial" substituted in text for "national monument" to
conform to redesignation of Perry's Victory and International Peace
Memorial National Monument as Perry's Victory and International
Peace Memorial provided in section 1 of Pub. L. 92-568, classified
to section 433f-1 of this title.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 433f of this title.
-End-
-CITE-
16 USC Sec. 433c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433c. Acceptance of donations of lands and funds; acquisition
of land
-STATUTE-
After the said peace memorial has been established as provided in
section 433a of this title the Secretary of the Interior is
authorized to accept donations of land, interests in land,
buildings, structures, and other property as may be donated for the
extension and improvement of the said peace memorial, and donations
of funds for the purchase and maintenance thereof, the title and
evidence of title to lands acquired to be satisfactory to the
Secretary of the Interior: Provided, That he may acquire on behalf
of the United States out of any donated funds by purchase 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 peace memorial as may be necessary
for the completion thereof. The Secretary of the Interior is
authorized to purchase with appropriated funds not to exceed four
acres of land, or interests in land, for addition to the Perry's
Victory and International Peace Memorial.
-SOURCE-
(June 2, 1936, ch. 477, Sec. 3, 49 Stat. 1394; Pub. L. 92-568, Sec.
1, 2, Oct. 26, 1972, 86 Stat. 1181, 1182.)
-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.
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-568, Sec. 2, authorized acquisition of an
additional four acres of land.
-CHANGE-
CHANGE OF NAME
"Peace memorial" substituted in text for "national monument" to
conform to redesignation of Perry's Victory and International Peace
Memorial National Monument as Perry's Victory and International
Peace Memorial provided in section 1 of Pub. L. 92-568, classified
to section 433f-1 of this title.
-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.
-MISC2-
AUTHORIZATION OF APPROPRIATIONS
Section 4 of Pub. L. 92-568, as amended by Pub. L. 95-625, title
I, Sec. 101(21), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 98-141, Sec.
7(a), Oct. 31, 1983, 97 Stat. 910; Pub. L. 98-181, title I, Sec.
1401, Nov. 30, 1983, 97 Stat. 1294, provided that: "There are
authorized to be appropriated such sums as may be necessary to
carry out the purposes of this Act [enacting section 433f-1,
amending sections 433a to 433c and 433e, and repealing section 433d
of this title, and enacting provisions set out as a note
hereunder], but not more than $370,000 shall be appropriated for
the acquisition of lands and interests in lands and not more than
$10,500,000 shall be appropriated for development. The sums
authorized in this section shall be available for acquisition and
development undertaken subsequent to the approval of this Act [such
sections]."
-End-
-CITE-
16 USC Sec. 433d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433d. Repealed. Pub. L. 92-568, Sec. 3(2), Oct. 26, 1972, 86
Stat. 1182
-MISC1-
Section, act June 2, 1936, ch. 477, Sec. 4, 49 Stat. 1394,
provided that members of Perry's Victory Memorial Commission
created by act Mar. 3, 1919, ch. 116, 40 Stat. 1322, act as a board
of advisors, and also provided for number of members, method of
filling vacancies, and travel expenses but no compensation for the
members.
-End-
-CITE-
16 USC Sec. 433e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433e. Repealed. Pub. L. 98-141, Sec. 7(b), Oct. 31, 1983, 97
Stat. 910
-MISC1-
Section, acts June 2, 1936, ch. 477, Sec. 5, 49 Stat. 1395; Oct.
26, 1972, Pub. L. 92-568, Sec. 1, 86 Stat. 1181, provided that
employees of the Perry's Victory Memorial Commission on June 2,
1936, could, in the discretion of the Secretary of the Interior, be
employed by the National Park Service in the administration,
protection, and development of the memorial.
-End-
-CITE-
16 USC Sec. 433f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433f. Inconsistent laws repealed
-STATUTE-
The provisions of the Act of March 3, 1919 (ch. 116, 40 Stat.
1322-1324), and Acts supplemental thereof and amendatory thereto
and all other Acts inconsistent with the provisions of section 433a
to 433f of this title are repealed to the extent of such
inconsistency.
-SOURCE-
(June 2, 1936, ch. 477, Sec. 6, 49 Stat. 1395.)
-REFTEXT-
REFERENCES IN TEXT
The act of Mar. 3, 1919, and Acts supplemental and amendatory
thereto were not classified to the Code.
-End-
-CITE-
16 USC Sec. 433f-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433f-1. Change in name of Perry's Victory and International
Peace Memorial National Monument
-STATUTE-
The Perry's Victory and International Peace Memorial National
Monument, established in accordance with section 433a of this
title, is redesignated the Perry's Victory and International Peace
Memorial.
-SOURCE-
(Pub. L. 92-568, Sec. 1, Oct. 26, 1972, 86 Stat. 1181.)
-End-
-CITE-
16 USC Sec. 433g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433g. Fort Frederica National Monument; establishment
-STATUTE-
When title to the site of Fort Frederica, on Saint Simon Island,
Georgia, and such other related sites located thereon, as may be
designated by the Secretary of the Interior, in the exercise of his
discretion, as necessary or desirable for national-monument
purposes, shall have been vested in the United States, said area
not to exceed two hundred and fifty acres shall be, and is, set
apart as a national monument for the benefit and inspiration of the
people, and shall be called the "Fort Frederica National Monument."
-SOURCE-
(May 26, 1936, ch. 451, Sec. 1, 49 Stat. 1373; Sept. 20, 1950, ch.
957, Sec. 1, 64 Stat. 869; Pub. L. 85-401, Sec. 1, May 16, 1958, 72
Stat. 110.)
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-401 increased maximum acreage from one hundred
acres to two hundred and fifty acres.
1950 - Act Sept. 20, 1950, increased maximum acreage from eighty
to one hundred acres.
APPROPRIATIONS
Section 2 of act Sept. 20, 1950, provided that: "There is hereby
authorized to be appropriated not to exceed $5,000 for the
acquisition of land and interests in land for the said national
monument. The Secretary of the Interior is authorized to use any
funds so appropriated, together with any donated funds made
available pursuant to the aforesaid Act of May 26, 1936 [sections
433g, 433h, 433i, and 433j of this title], for this procurement of
land and interests in land for the national monument."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 433h-1 of this title.
-End-
-CITE-
16 USC Sec. 433h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433h. Donation of property; acquisition of lands
-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 the said national monument as
determined and fixed hereunder, and donations of funds for the
purchase and maintenance thereof, the title and evidence of title
to lands acquired to be satisfactory to the Secretary of the
Interior: Provided, That he may acquire on behalf of the United
States out of any donated funds, either by purchase at prices
deemed by him reasonable, or by condemnation under the provisions
of section 3113 of title 40, such tracts of land within the said
national monument as may be necessary for the completion thereof.
-SOURCE-
(May 26, 1936, ch. 451, Sec. 2, 49 Stat. 1373.)
-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. 433h-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433h-1. Acquisition of additional lands
-STATUTE-
The Secretary of the Interior is authorized and directed to
acquire by purchase, condemnation, or otherwise, subject to the
acreage limitation contained in section 433g of this title, the
site known as the Bloody Marsh Battle memorial monument located on
Saint Simon Island, Georgia, together with such additional land,
including the marshland across the river to the west of Fort
Frederica National Monument, or interest in land, as in the
judgment of the Secretary of the Interior might be desirable for
the protection of such national monument. Such lands or interest in
lands acquired by the Secretary pursuant to this section shall be
made a part of the Fort Frederica National Monument.
-SOURCE-
(Pub. L. 85-401, Sec. 2, May 16, 1958, 72 Stat. 110.)
-MISC1-
APPROPRIATIONS
Section 3 of Pub. L. 85-401 provided that: "There are hereby
authorized to be appropriated, out of any money in the Treasury not
otherwise appropriated, such amounts, not to exceed $20,000, as may
be necessary to carry out the provisions of this Act [this
section]."
-End-
-CITE-
16 USC Sec. 433i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433i. Museum; historical markers
-STATUTE-
(a) Maintenance; donations
The Secretary of the Interior is authorized, in his discretion,
to maintain in some suitable structure within the national monument
a museum for relics and records pertaining to Fort Frederica, and
for other articles of national and patriotic interest, and in his
discretion to accept, on behalf of the United States, for
installation in such museum, articles which may be offered as
additions to the museum.
(b) State and local participation
Any State or political subdivision thereof, organization, or
individual may, with the approval of the Secretary of the Interior,
erect monuments or place tablets commemorating historic events or
persons connected with the history of the area, within the
boundaries of the Fort Frederica National Monument.
-SOURCE-
(May 26, 1936, ch. 451, Sec. 3, 49 Stat. 1373.)
-End-
-CITE-
16 USC Sec. 433j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433j. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the aforesaid
national monument 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-
(May 26, 1936, ch. 451, Sec. 4, 49 Stat. 1373.)
-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. 433k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433k. Whitman Mission National Historic Site; acquisition of
land; establishment, supervision and maintenance
-STATUTE-
The Secretary of the Interior is authorized and directed to
acquire, on behalf of the United States, by gift, the site of the
Indian mission established in 1836 by Marcus Whitman on the Walla
Walla River in what is now Walla Walla County, Washington, together
with such additional land, including a right-of-way to the nearest
highway, as the Secretary may deem necessary to carry out the
purposes of this section.
The property acquired under the provisions of the first paragraph
of this section shall constitute the Whitman Mission National
Historic Site and shall be a public national memorial to Marcus
Whitman and his wife, Narcissa Prentiss Whitman, who here
established their Indian mission and school, and ministered to the
physical and spiritual needs of the Indians until massacred with
twelve others (!1) persons in 1847. The Director of the National
Park Service, under the direction of the Secretary of the Interior,
shall have the supervision, management, and control of such
national historic site, and shall maintain and preserve it for the
benefit and enjoyment of the people of the United States.
-SOURCE-
(June 29, 1936, ch. 863, Secs. 1, 2, 49 Stat. 2028; Pub. L. 87-471,
May 31, 1962, 76 Stat. 90.)
-CHANGE-
CHANGE OF NAME
"Whitman Mission National Historic Site" and "national historic
site" substituted in text for "Whitman National Monument" and
"national monument", respectively, pursuant to Pub. L. 87-471,
which redesignated Whitman National Monument as Whitman Mission
National Historic Site. See section 433n of this title.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 433n of this title.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
16 USC Sec. 433k-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433k-1. Acquisition of additional land
-STATUTE-
For the purpose of including within Whitman Mission National
Historic Site, Washington, certain properties that are of historic
significance in connection with the site area and which are needed
to provide suitable monument facilities, the Secretary of the
Interior is authorized to procure not to exceed fifty acres of land
adjacent to the existing site and a right-of-way thereto from
United States Highway 410, using therefor any land acquisition
funds available for the purposes of the national park system, such
property to be acquired in such manner as the Secretary shall
consider to be in the public interest. Following the acquisition by
the United States of land for addition to the site pursuant to this
section, such addition shall be effective in each instance upon the
publication of notice thereof in the Federal Register.
-SOURCE-
(Pub. L. 85-388, May 1, 1958, 72 Stat. 101; Pub. L. 87-471, May 31,
1962, 76 Stat. 90.)
-CHANGE-
CHANGE OF NAME
"Whitman Mission National Historic Site" and "site" substituted
in text for "Whitman National Monument" and "monument",
respectively, pursuant to Pub. L. 87-471, which redesignated
Whitman National Monument as Whitman Mission National Historic
Site, classified to section 433n of this title.
-End-
-CITE-
16 USC Sec. 433l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433l. Erection of monuments and tablets
-STATUTE-
Any State, or political subdivision thereof, organization, or
individual may, with the approval of the Secretary of the Interior,
erect monuments or place tablets within the boundaries of the
Whitman Mission National Historic Site.
-SOURCE-
(June 29, 1936, ch. 863, Sec. 3, 49 Stat. 2029; Pub. L. 87-471, May
31, 1962, 76 Stat. 90.)
-CHANGE-
CHANGE OF NAME
"Whitman National Monument" redesignated "Whitman Mission
National Historic Site" by Pub. L. 87-471, set out as section 433n
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 433m, 433n of this title.
-End-
-CITE-
16 USC Sec. 433m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433m. Authorization of appropriation
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 433k and 433l of
this title.
-SOURCE-
(June 29, 1936, ch. 863, Sec. 4, 49 Stat. 2029.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 433n of this title.
-End-
-CITE-
16 USC Sec. 433n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 433n. Change in name of Whitman National Monument
-STATUTE-
Effective January 1, 1963, the Whitman National Monument,
established pursuant to sections 433k, 433l and 433m of this title,
shall be known as the Whitman Mission National Historic Site.
-SOURCE-
(Pub. L. 87-471, May 31, 1962, 76 Stat. 90.)
-End-
-CITE-
16 USC Sec. 434 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 434. National monument in Riverside County, California
-STATUTE-
The Secretary of the Interior is authorized to set apart the
following-described lands located in the county of Riverside, in
the State of California, as a national monument, which shall be
under the exclusive control of the Secretary of the Interior, who
shall administer and protect the same under the provisions of
sections 431, 432 and 433 of this title, and under such regulations
as he may prescribe: The west half of the southwest quarter of
section 2, the southeast quarter of section 3, all of section 10,
the west half of the northwest quarter of section 11, all of
section 14, all in township 5 south, range 4 east, San Bernardino
base and meridian, containing one thousand six hundred acres:
Provided, That before such reservation and dedication as herein
authorized shall become effective the consent and relinquishment of
the Agua Caliente Band of Indians shall first be obtained, covering
its right, title, and interest in and to the lands herein
described, and payment therefor to the members of said band on a
per capita basis, at a price to be agreed upon, when there shall be
donated for such purposes to the Secretary of the Interior a fund
in an amount to be fixed and determined by him as sufficient to
compensate the Indians therefor.
-SOURCE-
(Aug. 26, 1922, ch. 295, Sec. 1, 42 Stat. 832.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 435 of this title.
-End-
-CITE-
16 USC Sec. 435 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 435. Acquiring reservation land
-STATUTE-
In order to determine the amount to be paid under section 434 of
this title the Secretary of the Interior is authorized and directed
to negotiate with said Indians to obtain their consent and
relinquishment, and when such consent and relinquishment has been
obtained and an agreement reached the Secretary of the Interior is
further authorized to make payment from said donated fund for the
lands relinquished to the enrolled members of the said Agua
Caliente Band as authorized by section 434 of this title. The
consent and relinquishment of the Indians may be obtained and
payment made for the lands in such manner as the Secretary of the
Interior may deem advisable. The water rights, dam, pipe lines,
canals, and irrigation structures located in sections 2 and 3 of
township 5 south, range 4 east, San Bernardino meridian, and also
all water and water rights in Palm Canyon, are excepted from this
reserve and shall remain under the exclusive control and
supervision of the Bureau of Indian Affairs. The provisions of the
Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to this
monument.
-SOURCE-
(Aug. 26, 1922, ch. 295, Secs. 2, 3, 42 Stat. 832.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act of Congress approved June 10, 1920, known as the Federal
Water Power Act", and was redesignated as the Federal Power Act by
section 791a of this title. The Federal Power Act is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, and is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a
of this title and Tables.
-COD-
CODIFICATION
This section is a combination provision, the last sentence of
which is from section 3 of act Aug. 26, 1922, the remainder being
derived from section 2 of that act.
-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. 436 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 436. Omitted
-COD-
CODIFICATION
Section, act Apr. 9, 1924, ch. 86, Sec. 3, 43 Stat. 90, related
to transfer by Secretary of Agriculture to Secretary of the
Interior for road purposes of part of material, equipment and
supplies received from Secretary of War.
-End-
-CITE-
16 USC Sec. 437 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 437. Fort McHenry; restoration and preservation
-STATUTE-
The Secretary of the Interior is authorized and directed to begin
the restoration of Fort McHenry, in the State of Maryland,
including the restoration of the old Fort McHenry proper to such a
condition as would make it suitable for preservation permanently as
a national monument and perpetual national memorial shrine as the
birthplace of the immortal "Star-Spangled Banner" written by
Francis Scott Key, and he is further authorized and directed, as
are his successors, to hold the said Fort McHenry in perpetuity as
a military reservation, national monument and historic shrine, and
to maintain it as such, except that part mentioned in section 439
of this title, and that part in use on March 3, 1925, by the
Department of Commerce for a light and fog-signal station under
revocable license from the Interior Department with the maintenance
of the electric lines thereto and such portion of the reservation,
including improvement, as may be reserved by the Secretary of the
Army for the use of the Chief of Engineers, the said reservation to
be maintained as a national public monument, subject to such
regulations as may from time to time be issued by the Secretary of
the Interior.
-SOURCE-
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex. Ord. No.
6228, Sec. 1, July 28, 1933; Aug. 11, 1939, ch. 686, 53 Stat. 1405;
July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
-COD-
CODIFICATION
This section and sections 438 to 440 of this title were derived
from act Mar. 3, 1925, which was entitled "An act to repeal and
reenact chapter 100, 1914, Public, Numbered 108, to provide for the
restoration of Fort McHenry, in the State of Maryland, and its
permanent preservation as a national park and perpetual national
memorial shrine as the birthplace of the immortal 'Star-Spangled
Banner,' written by Francis Scott Key, for the appropriation of the
necessary funds, and for other purposes." The enacting clause reads
as follows: "Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, That an Act authorizing the Secretary of War to grant
the use of the Fort McHenry Military Reservation in the State of
Maryland to the mayor and city council of Baltimore, a municipal
corporation of the State of Maryland, making certain provisions in
connection therewith, providing access to and from the site of the
new immigration station heretofore set aside be, and hereby is,
repealed and reenacted to read as follows:".
As reenacted in 1925 this section recites that Fort McHenry is
"now" occupied and used as a military reservation and authorized
the restoration "so soon as it may no longer be needed for uses and
needs growing out of the late war." The foregoing provisions have
been omitted as temporary.
The words of this section "on March 3, 1925" refer to the date of
passage of the Act.
-CHANGE-
CHANGE OF NAME
"National monument and historic shrine" substituted in text for
"national park, and memorial" in view of redesignation of Fort
McHenry National Park as Fort McHenry National Monument and
Historic Shrine by act Aug. 11, 1939, classified to section 440a of
this title.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.
-TRANS-
TRANSFER OF FUNCTIONS
Administrative functions of Fort McHenry National 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.
-MISC1-
TERMINATION OF WAR AND EMERGENCIES
Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided
that in the interpretation of these sections, the date July 25,
1947, shall be deemed to be the date of termination of any state of
war theretofore declared by Congress and of the national
emergencies proclaimed by the President on Sept. 8, 1939, and May
27, 1941.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 440a of this title.
-End-
-CITE-
16 USC Sec. 438 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 438. Repairs and improvements; how made
-STATUTE-
Any and all repairs, improvements, changes, and alterations in
the grounds, buildings, and other appurtenances to the reservation
shall be made only according to detailed plans which shall be
approved by the Secretary of the Interior, and all such repairs,
improvements, or alterations shall be made at the expense of the
United States, and all such improvements, together with the
reservation itself, shall become and remain permanently the
property of the United States.
-SOURCE-
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex. Ord. No.
6228, Sec. 1, July 28, 1933.)
-COD-
CODIFICATION
This section and sections 437, 439, and 440 of this title were
derived from act Mar. 3, 1925. See Codification note set out under
section 437 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 437 of this title.
-MISC1-
TERMINATION OF WAR AND EMERGENCIES
Termination of state of war and national emergencies, see note
set out under section 437 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 440a of this title.
-End-
-CITE-
16 USC Sec. 439 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 439. Land for use of Secretary of the Treasury
-STATUTE-
Permission is granted the Secretary of the Treasury to use
permanently a strip of land sixty feet wide belonging to said fort
grounds, beginning at the north corner of the grounds of the fort
and extending south sixty-three degrees thirty minutes east, six
hundred and eighty feet to the south corner of the site set aside
for the immigration station at Baltimore, said strip of land being
located along the northwest boundary of the land ceded to the
Baltimore Dry Dock Company and the land of the said immigration
station, the same to be used, if so desired, in lieu of acquiring,
by purchase or condemnation, any of the lands of the dry dock
company so that the Secretary of the Treasury may, in connection
with land acquired from the Baltimore and Ohio Railroad Company,
have access to and from said immigration station and grounds over
the right-of-way so acquired to the city streets and railroads
beyond, the Secretary of the Treasury to have the same power to
construct, contract for, and arrange for railroad and other
facilities upon said outlet as fully as provided in the Act
approved March 4, 1913, chapter 147, Thirty-seventh Statutes 889,
setting aside a site for an immigration station and providing for
an outlet therefrom, but the Interior Department shall have equal
use of the railroad track and other roads so constructed, over
which to reach the city streets and railroads beyond from the other
part of the fort grounds.
-SOURCE-
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex. Ord. No.
6228, Sec. 1, July 28, 1933; June 5, 1936, ch. 528, 49 Stat. 1484.)
-REFTEXT-
REFERENCES IN TEXT
The Act approved March 4, 1913, chapter 147, Thirty-seventh
Statutes 889, referred to in text, was a building authorization
statute. The portion of the Act covering the Fort McHenry work was
section 29, which section was not classified to the Code.
-COD-
CODIFICATION
This section and sections 437, 438, and 440 of this title were
derived from act Mar. 3, 1925. See Codification note set out under
section 437 of this title.
-MISC1-
AMENDMENTS
1936 - Act June 5, 1936, substituted "six hundred and eighty
feet" for "six hundred and fifty feet".
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 437 of this title.
-MISC2-
TERMINATION OF WAR AND EMERGENCIES
Termination of state of war and national emergencies, see note
set out under section 437 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 437, 440a of this title.
-End-
-CITE-
16 USC Sec. 440 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 440. Closure in times of national emergency
-STATUTE-
The Secretary of the Interior may, in case of a national
emergency, close the said Fort McHenry and it may be used for any
and all military purposes during the period of the emergency and
for such period of time thereafter, as the public needs may
require.
-SOURCE-
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43
Stat. 1109; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex. Ord. No.
6228, Sec. 1, July 28, 1933.)
-COD-
CODIFICATION
A proviso at the close of act Mar. 3, 1925, authorizing the
disposal of the useless temporary buildings constructed during the
World War and appropriating a sum from the proceeds thereof for the
purposes of the act has been omitted as temporary and executed.
This section and sections 437 to 439 of this title were derived
from act Mar. 3, 1925. See Codification note set out under section
437 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
Transfer of administrative functions of park, see note set out
under section 437 of this title.
-MISC1-
TERMINATION OF WAR AND EMERGENCIES
Termination of state of war and national emergencies, see note
set out under section 437 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 440a of this title.
-End-
-CITE-
16 USC Sec. 440a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 440a. Change in name of Fort McHenry Park
-STATUTE-
The Fort McHenry National Park, in the State of Maryland,
authorized by sections 437 to 440 of this title, shall hereafter be
called and known as the "Fort McHenry National Monument and
Historic Shrine", and all moneys heretofore or hereafter
appropriated for this area under previous designations may be used
in this area as redesignated.
-SOURCE-
(Aug. 11, 1939, ch. 686, 53 Stat. 1405.)
-COD-
CODIFICATION
Section consists of a part of act Aug. 11, 1939. The remainder,
relating to changing the name of "Abraham Lincoln National Park" to
"Abraham Lincoln National Historical Park" is set out as section
217 of this title.
-End-
-CITE-
16 USC Sec. 441 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441. Badlands National Park; establishment
-STATUTE-
When a quantum, satisfactory to the Secretary of the Interior, of
the privately owned lands lying within the area hereinafter
described shall have been acquired and transferred to the United
States for park purposes, without expense to the Federal Treasury,
such areas are dedicated and set apart as a national park for the
benefit and enjoyment of the people, under the name of the Badlands
National Park: Provided, That the State of South Dakota shall have
first constructed the highways hereinafter described.
-SOURCE-
(Mar. 4, 1929, ch. 693, Sec. 1, 45 Stat. 1553; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-REFTEXT-
REFERENCES IN TEXT
Hereinafter, referred to in text, means act Mar. 4, 1929 which is
classified to sections 441 to 441e of this title. For
classification of this Act to the Code, see Tables.
-CHANGE-
CHANGE OF NAME
Words "park" and "Park" substituted in text for "monument" and
"Monument", respectively, pursuant to Pub. L. 95-625, Sec. 611,
which is classified to section 441e-1 of this title and which
redesignated the Badlands National Monument as the Badlands
National Park.
-MISC1-
BEN REIFEL VISITOR CENTER
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1923, provided
in part that: "hereafter the Cedar Pass Visitor Center at Badlands
National Park, South Dakota, shall be known as the Ben Reifel
Visitor Center".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS (continued)