### §433g. Fort Frederica National Monument; establishment

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 305 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."

(May 26, 1936, ch. 451, §1, 49 Stat. 1373; Sept. 20, 1950, ch. 957, §1, 64 Stat. 869; Pub. L. 85–401, §1, May 16, 1958, 72 Stat. 110; Pub. L. 116–9, title II, §2104(a), Mar. 12, 2019, 133 Stat. 726.)

#### **Editorial Notes**

#### Amendments

2019—Pub. L. 116–9 substituted "305 acres" for "two hundred and fifty acres".

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.

#### **Statutory Notes and Related Subsidiaries**

#### Appropriations

Act Sept. 20, 1950, ch. 957, §2, 64 Stat. 869, 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."

#### Boundary Expansion, 2019

Pub. L. 116–9, title II, §2104(b), Mar. 12, 2019, 133 Stat. 726, provided that:

"(1) In general.—The boundary of the Fort Frederica National Monument in the State of Georgia is modified to include the land generally depicted as 'Proposed Acquisition Areas' on the map entitled 'Fort Frederica National Monument Proposed Boundary Expansion', numbered 369/132,469, and dated April 2016.

"(2) Availability of map.—The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

"(3) Acquisition of land.—The Secretary [of the Interior] may acquire the land and interests in land described in paragraph (1) by donation or purchase with donated or appropriated funds from willing sellers only.

"(4) No use of condemnation or eminent domain.—The Secretary may not acquire by condemnation or eminent domain any land or interests in land under this section or for the purposes of this section."

#### Land Exchange and Boundary Adjustment, 2004

Pub. L. 108–417, Nov. 30, 2004, 118 Stat. 2339, provided that:

#### "SECTION 1. EXCHANGE OF LANDS.

"(a) In General.—Notwithstanding section 5(b) of Public Law 90–401 ([former] 16 U.S.C. 460l–22(b)) [see 54 U.S.C. 102901(b)], the Secretary of the Interior is authorized to convey to Christ Church of St. Simons Island, Georgia, the approximately 6.0 acres of land within the boundary of Fort Frederica National Monument adjacent to Christ Church and depicted as 'NPS Lands for Exchange' on the map entitled 'Fort Frederica National Monument 2003 Boundary Revision' numbered 369/80016, and dated April 2003, in exchange for approximately 8.7 acres of land to be acquired by Christ Church, which is depicted as 'Private Lands for Addition' on the same map.

"(b) Map Availability.—The map referred to in subsection (a) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

#### "SEC. 2. BOUNDARY ADJUSTMENT.

"Upon completion of the land exchange under subsection (a) of section 1, the Secretary of the Interior shall revise the boundary of Fort Frederica National Monument to reflect the exchange and shall administer the land acquired through the exchange as part of that monument."