16 U.S.C. § 430k — Untitled legal text

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 Page 519 TITLE 16—CONSERVATION § 430p 1 See References in Text note below. 1 So in original. The comma probably should not appear. as Monocacy National Battlefield by Pub. L. 94–578, § 319(1), set out as section 430j of this title. § 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 agree- ment that such lessee or lessees will occupy such lands in a manner consistent with the pur- poses of sections 430j to 430m and 430o to 430s of this title and that they will preserve the present breastworks, earthworks, walls, defenses, shel- ters, buildings, and roads, and the present out- lines 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.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–578 substituted ‘‘lease to the imme- diately 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 there- on 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 con- ditions 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’’. § 430m. Administration The administration, development, preserva- tion, and maintenance of the battlefield shall be exercised by the Secretary of the Interior in ac- cordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666).1 (June 21, 1934, ch. 694, § 4, 48 Stat. 1199; Pub. L. 94–578, title III, § 319(4), Oct. 21, 1976, 90 Stat. 2738.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), 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. The Act of August 21, 1935 (49 Stat. 666), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classi- fication of this Act to the Code, see Tables. For disposi- tion of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 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 the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supple- mented, and the Act of August 21, 1935 (49 Stat. 666)’’ 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’’. § 430n. Repealed. Pub. L. 94–578, title III, § 319(5), Oct. 21, 1976, 90 Stat. 2738 Section, act June 21, 1934, ch. 694, § 5, 48 Stat. 1199, provided for opening and repair of necessary roads in battlefield and erection of historical tablets. § 430o. Gifts and donations; acceptance by Sec- retary The Secretary of the Interior,1 is authorized to receive gifts and contributions from States, Ter- ritories, societies, organizations, and individuals for the battlefield for carrying out the provi- sions 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.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–578 substituted ‘‘The Secretary of the Interior, is authorized to receive gifts and contribu- tions from States, Territories, societies, organizations, and individuals for the battlefield’’ for ‘‘The National Park Service, acting through the Secretary of the Inte- rior, 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 Na- tional Military Park fund’, which fund shall be applied to and expended under the direction of the Secretary of the Interior,’’. § 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