16 U.S.C. § 433c — Acceptance of donations of lands and

Page 531 TITLE 16—CONSERVATION § 433c 1 See References in Text note below. shore to the middle line, extended, of said Chap- man 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 Is- land, in the township of Put-in-Bay, county of Ottawa, State of Ohio. (June 2, 1936, ch. 477, § 1, 49 Stat. 1393; Pub. L. 92–568, § 1, Oct. 26, 1972, 86 Stat. 1181.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Perry’s Victory and International Peace Memorial’’ substituted in text for ‘‘Perry’s Victory and Inter- national Peace Memorial National Monument’’ to con- form to the redesignation provided in section 1 of Pub. L. 92–568, classified to section 433f–1 of this title. Executive Documents ESTABLISHMENT OF MEMORIAL; BOUNDARIES Memorial and boundaries established by Presidential Proc. No. 2182, July 6, 1936, 50 Stat. 1734. § 433b. Administration, protection, and develop- ment The administration, protection and develop- ment of the aforesaid peace memorial shall be exercised under the direction of the Secretary of the Interior by the National Park Service, sub- ject to the provisions of the Act of August 25, 1916, entitled ‘‘An Act to establish a National Park Service, and for other purposes’’,1 as amended. (June 2, 1936, ch. 477, § 2, 49 Stat. 1394; Pub. L. 92–568, § 1, Oct. 26, 1972, 86 Stat. 1181.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916, entitled ‘‘An Act to estab- lish 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 Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and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. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Peace memorial’’ substituted in text for ‘‘national monument’’ to conform to redesignation of Perry’s Vic- tory and International Peace Memorial National Monu- ment as Perry’s Victory and International Peace Me- morial provided in section 1 of Pub. L. 92–568, classified to section 433f–1 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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. § 433c. Acceptance of donations of lands and funds; acquisition of land After the said peace memorial has been estab- lished as provided in section 433a of this title the Secretary of the Interior is authorized to ac- cept donations of land, interests in land, build- ings, 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 pur- chase 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 addi- tion to the Perry’s Victory and International Peace Memorial. (June 2, 1936, ch. 477, § 3, 49 Stat. 1394; Pub. L. 92–568, §§ 1, 2, Oct. 26, 1972, 86 Stat. 1181, 1182.) Editorial Notes CODIFICATION ‘‘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. AMENDMENTS 1972—Pub. L. 92–568, § 2, authorized acquisition of an additional four acres of land. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Peace memorial’’ substituted in text for ‘‘national monument’’ to conform to redesignation of Perry’s Vic- tory and International Peace Memorial National Monu- ment as Perry’s Victory and International Peace Me- morial provided in section 1 of Pub. L. 92–568, classified to section 433f–1 of this title. AUTHORIZATION OF APPROPRIATIONS Pub. L. 92–568, § 4, Oct. 26, 1972, 86 Stat. 1182, as amended by Pub. L. 95–625, title I, § 101(21), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 98–141, § 7(a), Oct. 31, 1983, 97 Stat. 910; Pub. L. 98–181, title I, Nov. 30, 1983, 97 Stat. 1294, provided that: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this Act [enacting section 433f–1, amending sec- tions 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 appro- priated for the acquisition of lands and interests in lands and not more than $10,500,000 shall be appro- Page 532 TITLE 16—CONSERVATION § 433d priated for development. The sums authorized in this section shall be available for acquisition and develop- ment undertaken subsequent to the approval of this Act [such sections].’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain 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. § 433d. Repealed. Pub. L. 92–568, § 3(2), Oct. 26, 1972, 86 Stat. 1182 Section, act June 2, 1936, ch. 477, § 4, 49 Stat. 1394, pro- vided that members of Perry’s Victory Memorial Com- mission 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. § 433e. Repealed. Pub. L. 98–141, § 7(b), Oct. 31, 1983, 97 Stat. 910 Section, acts June 2, 1936, ch. 477, § 5, 49 Stat. 1395; Oct. 26, 1972, Pub. L. 92–568, § 1, 86 Stat. 1181, provided that employees of the Perry’s Victory Memorial Com- mission 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 de- velopment of the memorial. § 433f. Inconsistent laws repealed 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 ex- tent of such inconsistency. (June 2, 1936, ch. 477, § 6, 49 Stat. 1395.) Editorial Notes REFERENCES IN TEXT The act of Mar. 3, 1919, and Acts supplemental and amendatory thereto were not classified to the Code. § 433f–1. Change in name of Perry’s Victory and International Peace Memorial National Monument The Perry’s Victory and International Peace Memorial National Monument, established in accordance with section 433a of this title, is re- designated the Perry’s Victory and Inter- national Peace Memorial. (Pub. L. 92–568, § 1, Oct. 26, 1972, 86 Stat. 1181.) § 433g. Fort Frederica National Monument; estab- lishment When title to the site of Fort Frederica, on Saint Simon Island, Georgia, and such other re- lated sites located thereon, as may be des- ignated by the Secretary of the Interior, in the exercise of his discretion, as necessary or desir- able 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 inspi- ration 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 in- terests 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 na- tional 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 Ac- quisition 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 In- terior] may acquire the land and interests in land de- scribed 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 au- thorized to convey to Christ Church of St. Simons Is- land, Georgia, the approximately 6.0 acres of land with- in the boundary of Fort Frederica National Monument adjacent to Christ Church and depicted as ‘NPS Lands for Exchange’ on the map entitled ‘Fort Frederica Na- tional Monument 2003 Boundary Revision’ numbered 369/80016, and dated April 2003, in exchange for approxi- mately 8.7 acres of land to be acquired by Christ Church, which is depicted as ‘Private Lands for Addi- tion’ on the same map. ‘‘(b) MAP AVAILABILITY.—The map referred to in sub- section (a) shall be on file and available for public in- spection in the appropriate offices of the National Park Service. ‘‘SEC. 2. BOUNDARY ADJUSTMENT. ‘‘Upon completion of the land exchange under sub- section (a) of section 1, the Secretary of the Interior