dreamproit/uscode huggingface dataset:
16 U.S.C. § 428d (CONSERVATION)
§ 428d. Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary
Upon receipt of the report of said commission the Secretary of the Interior is authorized and directed to acquire, by purchase, when purchasable at prices deemed by him reasonable, otherwise by condemnation, such tract or tracts of lands as are recommended by the commission as necessary and desirable for a national battlefield; to establish and substantially mark the boundaries of the said battlefield; to definitely mark all lines of battle and locations of troops within the boundaries of the battlefield and erect substantial historical tablets at such points within the battlefield and in the vicinity of the battlefield and its approaches as are recommended by the commission, together with such other points as the Secretary of the Interior may deem appropriate; to construct the necessary roads and walks, plant trees and shrubs, restore and care for the grounds, including the restoration and maintenance of those portions of old Fort Donelson, and of the Confederate water batteries that are located on the present engineer reservation: Provided, That the entire cost of acquiring said land, including cost of condemnation proceedings, if any, ascertainment of title, surveys, and compensation for the land, the cost of marking the battlefield, the expenses of the commission, and the establishment of the national battlefield shall not exceed the sum of $50,000.
(Mar. 26, 1928, ch. 248, § 5, 45 Stat. 368; Feb. 18, 1930, ch. 49, 46 Stat. 69; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960, 74 Stat. 876.)
heading: Amendments
text: 1930—Act Feb. 18, 1930, inserted “military” between “national” and “park”, authorized construction of roads and walks, planting of trees and shrubs, restoration and care of grounds, including portions of Fort Donelson and Confederate water batteries, and inserted “and the establishment of the national military park” in proviso.
heading: Change of Name
text: “National battlefield” and “battlefield” substituted in text for “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. See section 428n of this title.
heading: Transfer of Functions
text: Transfer of administrative functions of park, see note set out under section 428 of this title.
16 U.S.C. § 428d–2 (CONSERVATION)
§ 428d–2. Acceptance of donations by Secretary of the Interior
The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property within a distance of one mile from the boundaries of said Fort Donelson National Battlefield, as extended by section 428d–1 of this title, and donations of funds for the purchase or 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 at prices deemed by him reasonable or by condemnation, such tracts of land within a distance of one mile from the boundaries of the said national battlefield as may be necessary for the completion thereof. Upon the acquisition of such land, the same shall become a part of the Fort Donelson National Battlefield and shall be subject to the laws and rules and regulations applicable to said battlefield.
(Aug. 30, 1937, ch. 888, § 2, 50 Stat. 882; Pub. L. 86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
heading: Change of Name
text: “Fort Donelson National Battlefield”, “national battlefield” and “battlefield” substituted in text for “Fort Donelson National Military Park”, “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. See section 428n of this title.
16 U.S.C. § 428d–3 (CONSERVATION)
§ 428d–3. Administration, protection, and development
The administration, protection, and development of the lands authorized to be added to the Fort Donelson National Battlefield by sections 428d–1 and 428d–2 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.
(Aug. 30, 1937, ch. 888, § 3, 50 Stat. 883; Pub. L. 86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
heading: Change of Name
text: “Fort Donelson National Battlefield” substituted in text for “Fort Donelson National Military Park” in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86–738. See section 428n of this title.
16 U.S.C. § 428e (CONSERVATION)
§ 428e. Lands acquired declared national battlefield; name
Upon the ceding of jurisdiction by the Legislature of the State of Tennessee and the report of the Attorney General of the United States that a perfect title has been acquired, the lands acquired under the provisions of sections 428 to 428d and 428e to 428i of this title, together with the area already inclosed within the national cemetery at the battle field of Fort Donelson, are declared to be a national battlefield, to be known as the Fort Donelson National Battlefield.
(Mar. 26, 1928, ch. 248, § 6, 45 Stat. 368; Pub. L. 86–738, § 4, Sept. 8, 1960, 74 Stat. 876.)
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. See section 428n of this title.
16 U.S.C. § 428f (CONSERVATION)
§ 428f. Control of battlefield; regulations
The said Fort Donelson National Battlefield shall be under the control of the Secretary of the Interior, and he is authorized to make all needed regulations for the care of the battlefield. The superintendent of the Fort Donelson National Cemetery shall likewise be the superintendent of and have the custody and care of the Fort Donelson National Battlefield, under the direction of the Secretary of the Interior.
(Mar. 26, 1928, ch. 248, § 7, 45 Stat. 368; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960, 74 Stat. 876.)
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. See section 428n of this title.
heading: Transfer of Functions
text: Transfer of administrative functions of park, see note set out under section 428 of this title.
16 U.S.C. § 428g (CONSERVATION)
§ 428g. Occupation of lands by former owners
The Secretary of the Interior is authorized to enter into agreements, upon such nominal terms as he may prescribe, with such present owners of the land as may desire to remain upon it, to occupy and cultivate their present holdings, upon condition that they will preserve the present buildings and roads, and the present outlines of field and forest, and that they will only cut trees or underbrush under such regulations as the Secretary may prescribe, and that they will assist in caring for and protecting all tablets, monuments, or such other artificial works as may from time to time be erected by proper authority.
(Mar. 26, 1928, ch. 248, § 8, 45 Stat. 368; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–738, § 5, Sept. 8, 1960, 74 Stat. 876.)
heading: Transfer of Functions
text: Transfer of administrative functions of park, see note set out under section 428 of this title.
16 U.S.C. § 428h (CONSERVATION)
§ 428h. Ascertaining and marking line of battle
It shall be lawful for the authorities of any State having troops engaged in the Battle of Fort Donelson to enter upon the lands and approaches of the Fort Donelson National Battlefield for the purpose of ascertaining and marking the lines 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 shall be submitted to the Secretary of the Interior and shall first receive the written approval of the Secretary.
(Mar. 26, 1928, ch. 248, § 9, 45 Stat. 368; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960, 74 Stat. 876.)
heading: Change of Name
text: “Fort Donelson National Battlefield” substituted in text for “Fort Donelson National Military Park” in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86–738. See section 428n of this title.
heading: Transfer of Functions
text: Transfer of administrative functions of park, see note set out under section 428 of this title.
16 U.S.C. § 428i (CONSERVATION)
§ 428i. Protection of monuments, etc.
If any person shall willfully 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 battlefield by lawful authority, or shall willfully destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said battlefield, or any portion thereof, or shall willfully destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, or shrubbery that may be growing upon said battlefield, or shall cut down or fell or remove any timber, battle relic, tree, or trees growing or being upon such battlefield, except by permission of the Secretary of the Interior, or shall willfully remove or destroy any breastworks, earthworks, walls, or other defenses or shelter, or any part thereof, constructed by the armies formerly engaged in the battle on the lands or approaches to the battlefield, any person so offending shall be guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall for each and every such offense be fined not less than $5 nor more than $100.
(Mar. 26, 1928, ch. 248, § 10, 45 Stat. 368; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–738, §§ 4, 5, Sept. 8, 1960, 74 Stat. 876.)
heading: Change of Name
text: “Battlefield” substituted for “park” wherever appearing in text in view of redesignation of Fort Donelson National Military Park as Fort Donelson National Battlefield by Pub. L. 86–738. See section 428n of this title.
heading: Transfer of Functions
text: Transfer of administrative functions of park, see note set out under section 428 of this title.
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: 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: 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: 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: 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. § 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 sections 1, 2, 3, and 4 of this title, as amended.
(Pub. L. 86–738, § 5, Sept. 8, 1960, 74 Stat. 876.)
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) of this section, 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) of this section—
(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) of this section 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) of this section, 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 sections 1, 2, 3, and 4 of this title and sections 461 to 467 of this title.
(Pub. L. 108–367, § 4, Oct. 25, 2004, 118 Stat. 1744.)
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.
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: 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: 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–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 sections 1, 2, 3, and 4 of this title, as amended and supplemented.
(Pub. L. 87–133, § 2, Aug. 10, 1961, 75 Stat. 336.)
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: Amendments
text: 1988—Subsec. (a). Pub. L. 100–647 designated existing provisions as par. (1) and added par. (2).
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 [16 U.S.C. 460l–4 et seq.], 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: 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, as amended, which is classified generally to part B (§ 460l–4 et seq.) of subchapter LXIX of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 460l–4 of this title and Tables.