16 U.S.C. § 425f — Ascertaining and marking lines of battle

Page 486 TITLE 16—CONSERVATION § 425c cultivate their present holdings, upon condition that they will preserve the present breastworks, earthworks, walls, defenses, shelters, buildings, and roads, and the present outlines of the battle- fields, and that they will only cut trees or un- derbrush or disturb or remove the soil, under such regulations as the Secretary of the Interior may prescribe, and that they will assist in car- ing for and protecting all tablets, monuments, or such other artificial works as may from time to time be erected by proper authority: Provided further, That if such agreements to lease cover any lands the title to which shall have been ac- quired by the United States, the proceeds from such agreements shall be applied by the Sec- retary of the Interior toward the maintenance of the park. (Feb. 14, 1927, ch. 127, § 3, 44 Stat. 1092; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425c. Commission; organization The affairs of the said Fredericksburg and Spotsylvania County Battle Fields Memorial shall, subject to the supervision and direction of the Secretary of the Interior, be in charge of three commissioners, consisting of Army offi- cers, civilians, or both, to be appointed by the Secretary of the Interior, one of whom shall be designated as chairman and another as sec- retary of the commission. (Feb. 14, 1927, ch. 127, § 4, 44 Stat. 1093; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425d. Duties of commission It shall be the duty of the commissioners, under the direction of the Secretary of the Inte- rior, to survey, locate, and preserve the lines of the opposing armies in said battles, to open, construct, and repair such roads, highways, paths, and other approaches as may be necessary to make the historical points accessible to the public and to students of said battles and for the purposes of the park, to ascertain and mark with historical monuments, markers, tablets, or otherwise, as the Secretary of the Interior may determine, all breastworks, earthworks, gun em- placements, walls, or other defenses or shelters, lines of battle, location of troops, buildings, and other historical points of interest within the park or in its vicinity, and to establish and con- struct such observation towers as the Secretary of the Interior may deem necessary for said park, and the said commission in establishing the park shall have authority, under the direc- tion of the Secretary of the Interior to employ such labor and services at rates to be fixed by the Secretary of the Interior, and to obtain such supplies and materials as may be necessary to carry out the provisions of sections 425 to 425j of this title. (Feb. 14, 1927, ch. 127, § 5, 44 Stat. 1093; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425e. Acceptance and distribution of gifts The commission, acting through the Secretary of the Interior, is authorized to receive gifts and contributions from States, Territories, societies, organizations, and individuals for the said Fred- ericksburg and Spotsylvania County Battle Fields Memorial: Provided, That all contribu- tions of money received shall be deposited in the Treasury of the United States and credited to a fund to be designated ‘‘Fredericksburg and Spot- sylvania County Battle Fields Memorial fund’’, which fund shall be applied to and expended under the direction of the Secretary of the Inte- rior for carrying out the provisions of sections 425 to 425j of this title. (Feb. 14, 1927, ch. 127, § 6, 44 Stat. 1093; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425f. Ascertaining and marking lines of battle It shall be lawful for the authorities of any State having had troops engaged in said battles of Fredericksburg, Spotsylvania Court House, Wilderness, and Chancellorsville, including Salem Church, or in any of said battles, to enter upon the lands and approaches of the Fred- ericksburg and Spotsylvania County Battle Fields Memorial for the purposes of ascertaining and marking the lines of battle of troops en- gaged therein: Provided, That before any such lines are permanently designated, the position of the lines and the proposed methods of mark- ing 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, which approval shall be based upon formal written reports to be made to him in each case by the commissioners of the park: Provided, That no discrimination shall be made against any State as to the manner of designing lines, but any grant made to any State by the Secretary of the Interior may be used by any other State. (Feb. 14, 1927, ch. 127, § 7, 44 Stat. 1093; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Page 487 TITLE 16—CONSERVATION § 425k Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425g. Protection of monuments, etc. If any person shall, except by permission of the Secretary of the Interior, destroy, mutilate, deface, injure, or remove any monument, col- umn, 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, inclosure, 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 grow- ing 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 de- stroy 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 justice of the peace of the county in which the offense may be committed, or any court of competent jurisdiction, shall for each and every such offense forfeit and pay a fine, in the discretion of the justice, according to the aggravation of the offense, 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 before such justice in like manner as debts of like nature were, on February 14, 1927, by law recoverable in the sev- eral counties where the offense may be com- mitted. (Feb. 14, 1927, ch. 127, § 8, 44 Stat. 1094; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425h. Rules and regulations The Secretary of the Interior, subject to the approval of the President, shall have the power to make and shall make all needful rules and regulations for the care of the park, and for the establishment and marking of lines of battle and other historical features of the park. (Feb. 14, 1927, ch. 127, § 9, 44 Stat. 1094; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425i. Report of completion of acquisition of land and work of commission; super- intendent of park Upon completion of the acquisition of the land and the work of the commission, the Secretary of the Interior shall render a report thereon to Congress, and thereafter the park shall be placed in charge of a superintendent at a salary to be fixed by the Secretary of the Interior and paid out of the appropriation available for the maintenance of the park. (Feb. 14, 1927, ch. 127, § 10, 44 Stat. 1094; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425j. Authorization of appropriation To enable the Secretary of the Interior to begin to carry out the provisions of sections 425 to 425j of this title, including the condemnation, purchase, or lease of the necessary lands, sur- veys, maps, marking the boundaries of the park, opening, constructing, or repairing necessary roads, pay and expenses of commissioners, sala- ries for labor and services, traveling expenses, supplies and materials, the sum of $50,000 is au- thorized to be appropriated out of any money in the Treasury not otherwise appropriated, to re- main available until expended, and such addi- tional sums are authorized to be appropriated from time to time as may be necessary for the completion of the project and for the proper maintenance of said park. All disbursements under said sections shall be annually reported by the Secretary of the Interior to Congress. (Feb. 14, 1927, ch. 127, § 11, 44 Stat. 1094; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) Executive Documents TRANSFER OF FUNCTIONS Transfer of administrative functions of park, see note set out under section 425 of this title. § 425k. Revision of park boundaries (a) Boundary revision In furtherance of the purposes of sections 425 to 425j of this title, the Fredericksburg and Spotsylvania County Battlefields Memorial Na- tional Military Park (hereinafter in sections 425k to 425o of this title referred to as the ‘‘park’’) shall hereafter comprise the lands and interests in lands within the boundary generally depicted as ‘‘Proposed Park Boundary’’ on the maps entitled ‘‘Fredericksburg and Spotsylvania National Military Park’’, numbered 326–40075D/ 89, 326–40074E/89, 326–40069B/89, 326–40070D/89, 326–40071C/89, 326–40076A/89, and 326–40073D/89, and dated June 1989, and the map entitled ‘‘Fred- ericksburg and Spotsylvania National Military Park,’’ numbered 326–40072E/89/A and dated Sep- tember 1990. The maps shall be on file and avail- able for public inspection in the Office of the Na- tional Park Service, Department of the Interior. (b) Excluded lands Lands and interests in lands within the bound- ary depicted on the maps referred to in sub- section (a) as ‘‘Existing Park Boundary’’ but