16 U.S.C. § 430i — Guilford Courthouse National Military

Page 517 TITLE 16—CONSERVATION § 430i 430h–10 of this title and subsection (b) by pur- chase, 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 Head- quarters 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 Vicks- burg National Military Park and shall modify the boundaries of the park to reflect its inclu- sion. (Pub. L. 107–238, § 3, Oct. 11, 2002, 116 Stat. 1486; Pub. L. 108–352, § 15, Oct. 21, 2004, 118 Stat. 1397.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–352 substituted ‘‘the Secretary shall add the property’’ for ‘‘the Secretary add it’’. § 430h–12. Administration The Secretary shall administer any properties acquired under sections 430h–10 to 430h–13 of this title as part of the Vicksburg National Military Park in accordance with applicable laws and regulations. (Pub. L. 107–238, § 4, Oct. 11, 2002, 116 Stat. 1486.) § 430h–13. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out sections 430h–10 to 430h–13 of this title. (Pub. L. 107–238, § 5, Oct. 11, 2002, 116 Stat. 1487.) § 430h–14. Vicksburg National Military Park (a) Acquisition of land (1) In general The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) may acquire the land or any interests in land within the area identified as ‘‘Modified Core Battlefield’’ for the Port Gibson Unit, the Champion Hill Unit, and the Raymond Unit as generally de- picted on the map entitled ‘‘Vicksburg Na- tional Military Park—Proposed Battlefield Additions’’, numbered 306/100986A (4 sheets), and dated July 2012. (2) Methods of acquisition Land may be acquired under paragraph (1) by donation, purchase with donated or appro- priated funds, or exchange, except that land owned by the State of Mississippi or any polit- ical subdivisions of the State may be acquired only by donation. (b) Availability of map The map described in subsection (a)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Boundary adjustment On the acquisition of land by the Secretary under this section— (1) the acquired land shall be added to Vicks- burg National Military Park; (2) the boundary of the Vicksburg National Military Park shall be adjusted to reflect the acquisition of the land; and (3) the acquired land shall be administered as part of the Vicksburg National Military Park in accordance with applicable laws (in- cluding regulations). (Pub. L. 113–291, div. B, title XXX, § 3044, Dec. 19, 2014, 128 Stat. 3798.) § 430i. Guilford Courthouse National Military Park In order to preserve for historical and profes- sional military study one of the most memo- rable battles of the Revolutionary War, the Bat- tlefield of Guilford Courthouse, in the State of North Carolina, containing in the aggregate 125 acres, more or less, together with all privileges and appurtenances thereunto belonging, title to which has heretofore been acquired by the United States, shall be a national military park and shall be known as the Guilford Courthouse National Military Park. The Secretary of the In- terior is authorized and directed to acquire at such times and in such manner such additional lands adjacent to the Guilford Courthouse Na- tional Military Park as may be necessary for the purposes of the park and for its improve- ment. It shall be the duty of the Secretary of the Interior, to open or repair such roads as may be necessary to the purposes of the park, and to ascertain and mark with historical tablets or otherwise, as the Secretary of the Interior may determine, all lines of battle of the troops en- gaged in the Battle of Guilford Courthouse and other historical points of interest pertaining to the battle within the park or its vicinity; and the Secretary of the Interior shall make and en- force all needed regulations for the care of the park. It shall be lawful for any State that had troops engaged in the battle of Guilford Court- house to enter upon the lands of the Guilford Courthouse National Military Park for the pur- pose of ascertaining and marking the lines of battle of its troops engaged therein: Provided, That before any such lines are permanently des- ignated the position of the lines and the pro- posed methods of marking them, by monuments, tablets, or otherwise, shall be submitted to and approved by the Secretary of the Interior; and all such lines, designs, and inscriptions for the same shall first receive the written approval of the Secretary of the Interior. If any person shall, except by permission of the Secretary of the Interior, destroy, mutilate, deface, injure, or remove any monument, column, statues, memo- rial structures, 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, inclosure, or other work for the protection or ornamentation of said park, or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, brush, 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 lim- its of the park, any person so offending and Page 518 TITLE 16—CONSERVATION § 430j found guilty thereof before any justice of the peace of the county of Guilford, State of North Carolina, shall, for each and every such offense, forfeit and pay a fine, in the discretion of the justice, according to the aggravation of the of- fense, of not less than $5 nor more than $50, one- half for the use of the park and the other half to the informer, to be enforced and recovered be- fore such justice in like manner as debts of like nature were on March 2, 1917, by law recoverable in the said county of Guilford, State of North Carolina. (Mar. 2, 1917, ch. 152, 39 Stat. 996; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–554 struck out provisions which re- quired the affairs of park, subject to supervision and di- rection of Secretary of the Interior, to be in charge of three commissioners. Statutory Notes and Related Subsidiaries ABOLITION OF COMMISSION Act Oct. 9, 1942, ch. 583, 56 Stat. 778, provided: ‘‘That the Guilford Courthouse National Military Park Com- mission, established pursuant to the Act of March 2, 1917 (39 Stat. 996; 16 U.S.C. 430i), is abolished effective at the expiration, on October 13, 1941, of the current ap- pointment of the resident commissioner.’’ Executive Documents TRANSFER OF FUNCTIONS Administrative functions of Guilford Courthouse Na- tional Military Park transferred to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out as notes under section 901 of Title 5, Government Organization and Employees. National Park Service substituted for Office of Na- tional Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389. § 430j. Monocacy National Battlefield; establish- ment That in order to commemorate the Battle of Monocacy, Maryland, and to preserve for histor- ical 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 battle- field shall comprise the area within the bound- ary 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 Of- fice 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.) Editorial Notes AMENDMENTS 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 avail- able for public inspection for provision directing that the battlefield be comprised of the area generally de- picted on the drawing entitled Boundary, Monocacy National Battlefield, numbered 894–40,000, dated May 1976. 1976—Pub. L. 94–578 substituted ‘‘is declared a na- tional battlefield to be known as the ‘Monocacy Na- tional Battlefield’ (hereinafter referred to as ‘the bat- tlefield’). The battlefield shall comprise the area gen- erally depicted on the drawing entitled ‘Boundary, Monocacy National Battlefield’, numbered 894–40,000 and dated May 1976’’ for ‘‘is declared a national mili- tary park to be known as the ‘Monocacy National Mili- tary Park’, whenever the title to the lands deemed nec- essary by the Secretary of the Interior shall have been acquired by the United States and the usual jurisdic- tion over the lands and roads of the same shall have been granted to the United States by the State of Maryland’’. § 430k. Condemnation proceedings; purchase without condemnation; acceptance of dona- tions 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 pro- visions of section 3113 of title 40, to acquire title to the lands, interests therein, or rights per- taining thereto within the said battlefield, and the United States shall be entitled to immediate possession upon the filing of the petition in con- demnation 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 Sec- retary 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 sat- isfactory 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.) Editorial Notes CODIFICATION ‘‘Section 3113 of title 40’’ substituted in text for ‘‘the Act of August 1, 1888, entitled ‘An Act to authorize con- demnation 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 sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. AMENDMENTS 1976—Pub. L. 94–578 substituted ‘‘battlefield’’ for ‘‘Monocacy National Military Park’’ wherever appear- ing. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Battlefield’’ substituted in text for ‘‘park’’ in view of redesignation of Monocacy National Military Park