dreamproit/uscode huggingface dataset:
16 U.S.C. § 428k (CONSERVATION)
§ 428k. Addition of lands
In furtherance of the purposes of sections 428 to 428d and 428e to 428i of this title and to facilitate an appropriate observance of the one hundredth anniversary of the Battle of Fort Donelson, the Secretary of the Interior is authorized to designate for addition to the present Fort Donelson National Battlefield such lands and interests in lands adjacent to said battlefield as in his discretion are necessary to preserve and interpret this historic battleground, including the nearby historic Surrender House and the land upon which it is situated on Spring Street in the town of Dover, Tennessee.
(Pub. L. 86–738, §§ 1, 4, Sept. 8, 1960, 74 Stat. 875, 876; Pub. L. 108–367, § 6, Oct. 25, 2004, 118 Stat. 1745.)
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–367 substituted “Tennessee” for “Tennessee, but the total area commemorating the battle of Fort Donelson shall not exceed 600 acres”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Fort Donelson National Battlefield” and “battlefield” substituted in text for “Fort Donelson National Military Park” and “park”, respectively, in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86–738, § 4, set out as section 428n of this title.
16 U.S.C. § 428l (CONSERVATION)
§ 428l. Acquisition of lands; agreement for transfer of jurisdiction
Within the area designated for addition to such battlefield under section 428k of this title, the Secretary is authorized to acquire non-Federal lands and interests in lands by purchase, by donation, by purchase with donated funds, or in such other manner and by such means as he may deem to be in the public interest, except that the Surrender House and land upon which it is situated shall be acquired only by donation or by purchase with donated funds. Administrative jurisdiction and control over lands administered by the Corps of Engineers, Department of the Army, above contour elevation 369 and which, under authority of section 428k of this title, are designated for inclusion in the battlefield, shall, upon agreement of the administering agency, be transferred to the Secretary of the Interior without a transfer of funds.
(Pub. L. 86–738, §§ 2, 4, Sept. 8, 1960, 74 Stat. 876.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Battlefield” substituted in text for “park” in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86–738, § 4, set out as section 428n of this title.
16 U.S.C. § 428m (CONSERVATION)
§ 428m. Authorization of appropriation
There is authorized to be appropriated the sum of not to exceed $454,000 for the purpose of acquiring lands, interests in lands, and improvements thereon as may be necessary for carrying out sections 428k to 428o of this title.
(Pub. L. 86–738, § 3, Sept. 8, 1960, 74 Stat. 876; Pub. L. 92–272, title I, § 101(5), Apr. 11, 1972, 86 Stat. 120.)
heading: Editorial Notes
heading: Amendments
text: 1972—Pub. L. 92–272 increased authorization of appropriations from a sum not to exceed $226,000 to a sum not to exceed $454,000.
16 U.S.C. § 428n (CONSERVATION)
§ 428n. Change in name to Fort Donelson National Battlefield
Upon acquisition of the additional lands pursuant to authority contained in sections 428k to 428o of this title, the Fort Donelson National Military Park shall be redesignated by the Secretary of the Interior as the Fort Donelson National Battlefield, notice thereof shall be published in the Federal Register, and any remaining balance of funds appropriated for purposes of the Fort Donelson National Military Park shall be available for the purposes of the Fort Donelson National Battlefield.
(Pub. L. 86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
16 U.S.C. § 428o (CONSERVATION)
§ 428o. Administration, protection, and development
The administration, protection, and development of the Fort Donelson National Battlefield shall be exercised by the Secretary of the Interior in accordance with the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535),1 as amended.
(Pub. L. 86–738, § 5, Sept. 8, 1960, 74 Stat. 876.)
heading: Editorial Notes
heading: References in Text
text: The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 428p (CONSERVATION)
§ 428p. Fort Donelson National Battlefield
(a) Designation; purpose
There exists as a unit of the National Park System the Fort Donelson National Battlefield to commemorate—
(1) the Battle of Fort Donelson in February 1862; and
(2) the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of Fort Donelson by Union forces.
(b) Boundaries
The boundary of the Fort Donelson National Battlefield is revised to include the site of Fort Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in Stewart County, Tennessee and the site of Fort Heiman and associated land in Calloway County, Kentucky, as generally depicted on the map entitled “Fort Donelson National Battlefield Boundary Adjustment” numbered 328/80024, and dated September 2003. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(c) Expansion of boundaries
The Fort Donelson National Battlefield shall also include any land acquired pursuant to section 428p–1 of this title.
(Pub. L. 108–367, § 2, Oct. 25, 2004, 118 Stat. 1743.)
16 U.S.C. § 428p–1 (CONSERVATION)
§ 428p–1. Land acquisition related to Fort Donelson National Battlefield
(a) Acquisition authority
Subject to subsections (b) and (c), the Secretary of the Interior may acquire land, interests in land, and improvements thereon for inclusion in the Fort Donelson National Battlefield. Such land, interests in land, and improvements may be acquired by the Secretary only by purchase from willing sellers with appropriated or donated funds, by donation, or by exchange with willing owners.
(b) Land eligible for acquisition
The Secretary of the Interior may acquire land, interests in land, and improvements thereon under subsection (a)—
(1) within the boundaries of the Fort Donelson National Battlefield described in section 428p(b) of this title; and
(2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or if the Secretary otherwise determines that acquisition under subsection (a) will protect critical resources associated with the Battle of Fort Donelson in 1862 and the Union campaign that resulted in the capture of Fort Donelson.
(c) Boundary revision
Upon acquisition of land or interests in land described in subsection (b)(2), the Secretary of the Interior shall revise the boundaries of the Fort Donelson National Battlefield to include the acquired property.
(d) Limitation on total acreage of park
The total area encompassed by the Fort Donelson National Battlefield may not exceed 2,000 acres.
(Pub. L. 108–367, § 3, Oct. 25, 2004, 118 Stat. 1743.)
16 U.S.C. § 428p–2 (CONSERVATION)
§ 428p–2. Administration of Fort Donelson National Battlefield
The Secretary of the Interior shall administer the Fort Donelson National Battlefield in accordance with sections 428p to 428p–2 of this title and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.),1 and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.).1
(Pub. L. 108–367, § 4, Oct. 25, 2004, 118 Stat. 1744.)
heading: Editorial Notes
heading: References in Text
text: Sections 428p to 428p–2 of this title, referred to in text, was in the original “this Act”, meaning Pub. L. 108–367, Oct. 25, 2004, 118 Stat. 1743, which enacted this section and sections 428p and 428p–1 of this title, amended section 428k of this title, and enacted provisions set out as a note under section 428 of this title. For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under section 428 of this title and Tables.
The Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
The Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, also known as the Historic Sites Act of 1935, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 429 (CONSERVATION)
§ 429. Brices Cross Roads and Tupelo battlefields in Mississippi; establishment
For the purpose of commemorating the battles of Brices Cross Roads, Mississippi, and Tupelo, Mississippi, the Secretary of the Interior is authorized and directed to (1) acquire not to exceed one acre of land, free of cost to the United States, at each of the above-named battle fields, (2) fence each parcel of land so acquired, (3) build an approach to each such parcel of land, and (4) erect a suitable marker on each such parcel of land.
(Feb. 21, 1929, ch. 289, § 1, 45 Stat. 1254; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)
heading: Executive Documents
heading: Transfer of Functions
text: “Secretary of the Interior” substituted in text for “Secretary of War” pursuant to Reorg. Plan No. 3 of 1950, §§ 1, 2; Ex. Ord. No. 6166, § 2; and Ex. Ord. No. 6228, § 1. See below.
Reorg. Plan No. 3 of 1950, §§ 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, transferred the functions of other officers, employees, and agencies of the Department of the Interior, with certain exceptions, to the Secretary of the Interior, with power to delegate.
Ex. Ord. No. 6166, § 2, and Ex. Ord. No. 6228, § 1, set out as a note under section 901 of Title 5, transferred the administrative functions of Brices Cross Roads and Tupelo battlefield sites to the Department of the Interior.
16 U.S.C. § 429a (CONSERVATION)
§ 429a. Jurisdiction and control; authorization of annual appropriation
Each parcel of land acquired under section 429 of this title shall be under the jurisdiction and control of the Secretary of the Interior, and there is authorized to be appropriated for the maintenance of each such parcel of land, fence, approach, and marker a sum not to exceed $250 per annum.
(Feb. 21, 1929, ch. 289, § 3, 45 Stat. 1254; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)
heading: Executive Documents
heading: Transfer of Functions
text: “Secretary of the Interior” substituted in text for “Secretary of War” pursuant to Reorg. Plan No. 3 of 1950, §§ 1, 2; Ex. Ord. No. 6166, § 2; and Ex. Ord. No. 6228, § 1. See below.
Reorg. Plan No. 3 of 1950, §§ 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, transferred the functions of other officers, employees, and agencies of the Department of the Interior, with certain exceptions, to the Secretary of the Interior, with power to delegate.
Ex. Ord. No. 6166, § 2, and Ex. Ord. No. 6228, § 1, set out as a note under section 901 of Title 5, transferred the administrative functions of Brices Cross Roads and Tupelo battlefield sites to the Department of the Interior.
16 U.S.C. § 429a–1 (CONSERVATION)
§ 429a–1. Tupelo National Battlefield; acquisition of additional lands
To further the purposes of sections 429 and 429a of this title, the Secretary of the Interior may acquire by donation or with donated funds not to exceed one-half acre of land and interests in land for addition to the adjoining Tupelo National Battlefield site.
(Pub. L. 87–133, § 1, Aug. 10, 1961, 75 Stat. 336.)
16 U.S.C. § 429a–2 (CONSERVATION)
§ 429a–2. Change in name to Tupelo National Battlefield; administration
The Tupelo National Battlefield site is redesignated the Tupelo National Battlefield which shall continue to be administered pursuant to the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, entitled “An Act to establish a National Park Service, and for other purposes.” 1
(Pub. L. 87–133, § 2, Aug. 10, 1961, 75 Stat. 336.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes.”, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 429b–1 (CONSERVATION)
§ 429b–1. Acquisition and use of lands
(a) Acquisition of property or interests in property; scenic preservation of views
(1) In order to effectuate the purposes of sections 429b to 429b–5 of this title, the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds or exchange, any property or interests therein which are located within the boundaries of the park, except that property owned by the Commonwealth of Virginia or by any political subdivision thereof may be acquired only by donation.
(2) The Secretary shall cooperate with the Commonwealth of Virginia, the political subdivisions thereof, and other parties as designated by the Commonwealth or its political subdivisions in order to promote and achieve scenic preservation of views from within the park through zoning and such other means as the parties determine feasible.
(b) Acquisition of fee simple title with the consent of owner; hearing and review
With respect to areas within the 1954 boundaries of the park, as identified on the map referred to in section 429b of this title, the Secretary may not acquire fee simple title to such areas without the consent of the owner so long as the lands continue to be devoted to a use which is the same as that in effect on September 1, 1980. Further, if the Secretary proposes to acquire fee simple title to such property because of a change in use, the owner of such property may seek a review of the proposed acquisition of his or her property and is entitled to a hearing on the record in accordance with section 554 of title 5.
(c) Secretary authorized to make land available for Route 234 bypass
If the Virginia Department of Highways and Transportation determines that the proposed Route 234 bypass should be properly located between the Virginia Electric Power Company powerline easement and route 705, the Secretary shall make available the land necessary for such bypass, subject to such revisions, terms, and conditions as the Secretary deems are necessary and appropriate to assure that such bypass is located, constructed, operated, and maintained in a manner consistent with the administration of the park.
(d) Secretary not to close State roads
The Secretary may not close any State roads within the park unless action permitting the closing of such roads has been taken by appropriate officials of the Commonwealth of Virginia.
(Apr. 17, 1954, ch. 153, § 2, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1885; amended Pub. L. 100–647, title X, § 10003, Nov. 10, 1988, 102 Stat. 3811.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–647 designated existing provisions as par. (1) and added par. (2).
16 U.S.C. § 429b–2 (CONSERVATION)
§ 429b–2. Retention of right of use and occupation of improved property by owner
(a) Time limits; compensation
Subsequent to October 13, 1980, the owner of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or for a term ending at the death of the owner or the death of the spouse of the owner, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner an amount equal to the fair market value of the property on the date of its acquisition less the value on such date of the right retained by the owner. If such property is donated (in whole or in part) to the United States, the Secretary may pay to the owner such lesser amount as the owner may agree to. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of sections 429b to 429b–5 of this title, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired.
(b) Displaced person; waiver of benefits
No property owner who elects to retain a right of use and occupancy under this section shall be considered a displaced person as defined in section 4601(6) of title 42. Such owners shall be considered to have waived any benefits which would otherwise accrue to them under sections 4623 to 4626 of title 42.
(Apr. 17, 1954, ch. 153, § 3, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1886.)
16 U.S.C. § 429b–3 (CONSERVATION)
§ 429b–3. Definitions
For purposes of sections 429b to 429b–5 of this title—
(1) The term “improved property” means a detached, one-family dwelling, construction of which was begun before January 1, 1979, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.
(2) The term “park” means the Manassas National Battlefield Park established under sections 429b to 429b–5 of this title.
(3) The term “Secretary” means the Secretary of the Interior.
(4) The term “owner” means the owner of record as of September 1, 1980.
(Apr. 17, 1954, ch. 153, § 4, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1886.)
16 U.S.C. § 429b–4 (CONSERVATION)
§ 429b–4. Funds from Land and Water Conservation Fund
(a) Maximum amount usable for acquisition of property
In addition to sums heretofore expended for the acquisition of property and interests therein for the park, from funds available for expenditure from the Land and Water Conservation Fund, as established under the Land and Water Conservation Fund Act of 1965,1 not more than a total of $8,700,000 may be expended for the acquisition of property and interests therein under sections 429b to 429b–5 of this title.
(b) Completion of acquisition in two years
It is the express intent of Congress that, except for property referred to in section 429b–1(b) of this title, the Secretary shall acquire property and interests therein under sections 429b to 429b–5 of this title within two complete fiscal years after October 13, 1980.
(Apr. 17, 1954, ch. 153, § 5, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1886.)
heading: Editorial Notes
heading: References in Text
text: The Land and Water Conservation Fund Act of 1965, referred to in subsec. (a), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which was classified principally to part B (§ 460l–4 et seq.) of subchapter LXIX of this chapter. Sections 2, 3, 4(i)(1)(C), (j) to (n), 5 to 10, and 201 of the Act were repealed and restated as sections 100506(c) and 100904 and chapter 2003 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 429b–5 (CONSERVATION)
§ 429b–5. Funding limitations; contracting authority, etc.
(a) Effective date of authorizations
Authorizations of moneys to be appropriated under sections 429b to 429b–5 of this title from the Land and Water Conservation Fund for acquisition of properties and interests shall be effective on October 1, 1981.
(b) Authority limited by appropriations
Notwithstanding any other provision of sections 429b to 429b–5 of this title, authority to enter into contracts, to incur obligations, or to make payments under sections 429b to 429b–5 of this title shall be effective only to the extent, and in such amounts as are provided in advance in appropriation Acts.
(Apr. 17, 1954, ch. 153, § 6, as added Pub. L. 96–442, § 2, Oct. 13, 1980, 94 Stat. 1887.)
16 U.S.C. § 430 (CONSERVATION)
§ 430. Kings Mountain National Military Park; establishment
In order to commemorate the Battle of Kings Mountain, which was fought on the 7th day of October 1780, the Kings Mountain battle ground, in the State of South Carolina, including such adjacent and contiguous lands as may be useful and proper in effectually carrying out the purpose of sections 430, 430a, and 430b to 430e of this title, is declared to be a national military park, to be known as the Kings Mountain National Military Park, when such land including said battle ground, shall become the property of the United States.
(Mar. 3, 1931, ch. 437, § 1, 46 Stat. 1508.)