dreamproit/uscode huggingface dataset:
16 U.S.C. § 430h–7 (CONSERVATION)
§ 430h–7. Exclusion of lands from park
(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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Pub. L. 101–442, title I, § 102, Oct. 18, 1990, 104 Stat. 1019.)
heading: Codification
text: In subsec. (c), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
16 U.S.C. § 430h–11 (CONSERVATION)
§ 430h–11. Acquisition of property
(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 shall add the property to Vicksburg National Military Park and shall modify the boundaries of the park to reflect its inclusion.
(Pub. L. 107–238, § 3, Oct. 11, 2002, 116 Stat. 1486; Pub. L. 108–352, § 15, Oct. 21, 2004, 118 Stat. 1397.)
heading: Amendments
text: 2004—Subsec. (b). Pub. L. 108–352 substituted “the Secretary shall add the property” for “the Secretary add it”.
16 U.S.C. § 430j (CONSERVATION)
§ 430j. Monocacy National Battlefield; establishment
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.
(June 21, 1934, ch. 694, § 1, 48 Stat. 1198; Pub. L. 94–578, title III, § 319(1), Oct. 21, 1976, 90 Stat. 2738; Pub. L. 96–607, title XIV, § 140(a), Dec. 28, 1980, 94 Stat. 3546.)
heading: Amendments
text: 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”.
16 U.S.C. § 430k (CONSERVATION)
§ 430k. Condemnation proceedings; purchase without condemnation; acceptance of donations of land
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.
(June 21, 1934, ch. 694, § 2, 48 Stat. 1199; Pub. L. 94–578, title III, § 319(2), Oct. 21, 1976, 90 Stat. 2738.)
heading: Codification
text: “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, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
heading: Amendments
text: 1976—Pub. L. 94–578 substituted “battlefield” for “Monocacy National Military Park” wherever appearing.
heading: Change of Name
text: “Battlefield” substituted in text for “park” in view of redesignation of Monocacy National Military Park as Monocacy National Battlefield by Pub. L. 94–578, § 319(1), set out as section 430j of this title.
16 U.S.C. § 430l (CONSERVATION)
§ 430l. Leases with preceding owners of acquired lands; conditions
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.
(June 21, 1934, ch. 694, § 3, 48 Stat. 1199; Pub. L. 94–578, title III, § 319(3), Oct. 21, 1976, 90 Stat. 2738.)
heading: Amendments
text: 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”.
16 U.S.C. § 430m (CONSERVATION)
§ 430m. Administration
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.
(June 21, 1934, ch. 694, § 4, 48 Stat. 1199; Pub. L. 94–578, title III, § 319(4), Oct. 21, 1976, 90 Stat. 2738.)
heading: Amendments
text: 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”.
16 U.S.C. § 430o (CONSERVATION)
§ 430o. Gifts and donations; acceptance by Secretary
The Secretary of the Interior,1 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 430s of this title.
(June 21, 1934, ch. 694, § 6, 48 Stat. 1199; Pub. L. 94–578, title III, § 319(6), Oct. 21, 1976, 90 Stat. 2738.)
heading: Amendments
text: 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,”.
16 U.S.C. § 430p (CONSERVATION)
§ 430p. Right of States to enter and mark battle lines
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.
(June 21, 1934, ch. 694, § 7, 48 Stat. 1200; Pub. L. 94–578, title III, § 319(7), Oct. 21, 1976, 90 Stat. 2738.)
heading: Amendments
text: 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,”.
16 U.S.C. § 430q (CONSERVATION)
§ 430q. Offenses
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.
(June 21, 1934, ch. 694, § 8, 48 Stat. 1200; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 94–578, title III, § 319(8), Oct. 21, 1976, 90 Stat. 2739; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Amendments
text: 1976—Pub. L. 94–578 struck out provisions which limited fines to not less than $5 nor more than $500.
heading: Change of Name
text: “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 (§ 631 et seq.) of Title 28.
16 U.S.C. § 430s (CONSERVATION)
§ 430s. Authorization of appropriations
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.
(June 21, 1934, ch. 694, § 10, 48 Stat. 1200; Pub. L. 94–578, title III, § 319(9), Oct. 21, 1976, 90 Stat. 2739.)
heading: Amendments
text: 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.
heading: Change of Name
text: 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.
heading: Authorization of Appropriations for Additional Land Acquisition
text: Pub. L. 102–202, § 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.”
16 U.S.C. § 430u (CONSERVATION)
§ 430u. Donations of land; purchase and condemnation
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.
(June 26, 1935, ch. 315, § 2, 49 Stat. 423.)
heading: Codification
text: “Section 3113 of title 40” substituted in text for “the Act of August 1, 1888” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
16 U.S.C. § 430w (CONSERVATION)
§ 430w. Administration, protection, and development
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.
(June 26, 1935, ch. 315, § 4, 49 Stat. 424.)
heading: Transfer of Functions
text: 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, §§ 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.
16 U.S.C. § 430x (CONSERVATION)
§ 430x. Authorization of appropriations; authorization to expand boundaries
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.
(June 26, 1935, ch. 315, § 5, 49 Stat. 424; Aug. 9, 1939, ch. 614, § 1, 53 Stat. 1274.)
heading: References in Text
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.
heading: Amendments
text: 1939—Act Aug. 9, 1939, inserted proviso.
heading: Appropriation
text: Additional $55,000 was appropriated by section 2 of act Aug. 9, 1939.
16 U.S.C. § 430z–1 (CONSERVATION)
§ 430z–1. Landscaping park; employment of architects and engineers
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.
(Aug. 20, 1935, ch. 575, § 3, 49 Stat. 662.)
heading: Codification
text: 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 specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5, Government Organization and Employees.
As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.
heading: Transfer of Functions
text: 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, §§ 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.
16 U.S.C. § 430z–3 (CONSERVATION)
§ 430z–3. Administration, protection, and development
The administration, protection, and development of the aforesaid Spanish War Memorial Park, including any and all memorials that may be erected thereon, shall be exercised under the direction of the Secretary of the Interior by the National Park Service.
(Aug. 20, 1935, ch. 575, § 5, 49 Stat. 662.)
heading: Transfer of Functions
text: 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, §§ 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.