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An Act To amend section 5 of the Act entitled "An Act to establish a national military park at the battle field of Fort Donelson, Tennessee," approved March 26, 1928, approved February 18, 1930 (46 Stat. 69)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asFort Donelson sembled, That section 5 of the Act entitled "An Act to

Military Park,
Tenn.

Vol. 45, p. 368,
amended.

Acquiring lands for, by purchase or condemnation.

Established as national

establish a national military park at the battle field of Fort Donelson, Tennessee," approved March 26, 1928, be, and the same is hereby, amended so that the said section will read as follows:

"That upon receipt of the report of said commission the Secretary of War be, and he is hereby, 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 military park; to establish and substanmilitary park. tially mark the boundaries of the said park; to definitely mark all lines of battle and locations of troops within the boundaries of the park and erect substantial historical tablets at such points within the park and in the vicinity of the park and its approaches as are recommended by the commission, together with such other points as the Secretary of War 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 battle field, the expenses of the commission, and the establishment of the national military park shall not exceed the sum of $50,000." (16 U.S.C. § 428d. See p. 244.)

Roads, restoration of old fort,

etc., directed.

Proviso.

Cost limitation.

National Military Park, Tenn.

45 Stat. 367.

An Act To revise the boundaries and change the name of Fort Donelson National Military Park, and for other purposes, approved September 8, 1960 (74 Stat. 875)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asFort Donelson sembled, That in furtherance of the purposes of the Act entitled "An Act to establish a national military park at the battlefield of Fort Donelson, Tennessee", approved March 26, 1928 (16 U.S.C. 428 and the following), 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 Military Park such lands and interests in lands adjacent to said park as in his discretion are necessary to preserve and

Additional lands.

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, but the total area commemorating the battle of Fort Donelson shall not exceed 600 acres. (16 U.S.C. § 428k [Supp. II].)

SEC. 2. Within the area designated for addition to such park under the first section of this Act, 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 the first section of this Act, are designated for inclusion in the park, shall, upon agreement of the administering agency, be transferred to the Secretary of the Interior without a transfer of funds. (16 U.S.C. § 4281 [Supp. II].),

SEC. 3. There is hereby authorized to be appropriated Appropriation. the sum of not to exceed $226,000 for the purpose of acquiring lands, interests in lands, and improvements thereon as may be necessary for carrying out this Act. (16 U.S.C. § 428m [Supp. II].)

name.

SEC. 4. Upon acquisition of the additional lands pur- Change of suant to authority contained in this Act, the Fort Donel- Publication in son National Military Park shall be redesignated by the F.R. Secretary of the Interior as the Fort Donelson National Battlefield, notice thereof shall be published in the Federal Register, and any remaining balance of funds appropriated for purposes of the Fort Donelson National Military Park shall be available for the purposes of the Fort Donelson National Battlefield. (16 U.S.C. § 428n [Supp. II].)

SEC. 5. 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 the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended. 16 U.S.C. 1. (16 U.S.C. § 4280 [Supp. II].)

5. Fredericksburg and Spotsylvania County Battlefields

Memorial National Military Park

Page

Provision for inspection of battlefields in and around Fredericksburg and
Spotsylvania Court House, Virginia__
----Act of June 7, 1924
Establishment___
--Act of February 14, 1927

248 248

An Act To provide for the inspection of the battle fields in and around Fredericksburg and Spotsylvania Court House, Virginia, approved June 7, 1924 (43 Stat. 646)

Be it enacted by the Senate and House of RepresentaFredericksburg tives of the United States of America in Congress as

and Spotsylvania, Va., battlefields. Commission created.

Composition.

Basis for

selecting members.

Duty of commission.

Report of findings.

Amount

authorized for
expenses.
Post, p. 1345.

sembled, That a commission is hereby created, to be composed of the following members, who shall be appointed by the Secretary of War:

(1) A commissioned officer of the Corps of Engineers, United States Army;

(2) A veteran of the Civil War who served honorably in the military forces of the United States; and

(3) A veteran of the Civil War who served honorably in the military forces of the Confederate States of America.

SEC. 2. In appointing the members of the commission created by section 1 of this Act the Secretary of War shall, as far as practicable, select persons familiar with the terrain of the battle fields in and around Fredericksburg and Spotsylvania Court House, Virginia, and the historical events associated therewith.

SEC. 3. It shall be the duty of the commission, acting under the direction of the Secretary of War, to inspect the battle fields in and around Fredericksburg and Spotsylvania Court House, Virginia, in order to ascertain the feasibility of preserving and marking for historical and professional military study such fields. The commission shall submit a report of its findings to the Secretary of War not later than December 1, 1924.

SEC. 4. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $3,000 in order to carry out the provisions of this Act. (See 16 U.S.C. § 425 note.)

An Act To establish a national military park at and near Fredericksburg, Virginia, and to mark and preserve historical points connected with the battles of Fredericksburg, Spotsylvania Court House, Wilderness, and Chancellorsville, including Salem Church, Virginia, approved February 14, 1927 (44 Stat. 1091)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

and Spotsyl

Battle Fields

a national mil

when title to

land, etc..
acquired.

Description of
Vol. 43, p. 646.

plan.

sembled, That in order to commemorate the Civil War Fredericksburg battles of Fredericksburg, Spotsylvania Court House, vania County Wilderness, and Chancellorsville, including Salem Memorial, Va. Church, all located at or near Fredericksburg, Virginia, Established as and to mark and preserve for historical purposes the itary park breastworks, earthworks, gun emplacements, walls, or other defenses or shelters used by the armies in said battles, so far as the marking and preservation of the same are practicable, the land herein authorized to be acquired, or so much thereof as may be taken, and the highways and approaches herein authorized to be constructed, are hereby declared to be a national military park to be known as the Fredericksburg and Spotsylvania County Battle Fields Memorial whenever the title to the same shall have been acquired by the United States, the said land so to be acquired being the land necessary for a park of the plan indicated on the index map sheet filed with the report of the Battle Field Commission appointed pursuant to an Act entitled "An Act to provide for the inspection of the battle fields in and around Fredericksburg and Spotsylvania Court House, Virginia," approved on the 7th day of June, 1924, said index map sheet being referred to in said report, and particularly in the "Combined Plan-Antietam system," described in said report, the first of the plans mentioned in said report under the heading "Combined Plan— Antietam system" being the plan which is hereby adopted, the said land herein authorized to be acquired being such land as the Secretary of War may deem necessary to establish a park on the combined plan, Antietam system, above referred to, the particular boundaries of such land to be fixed by surveys made previous to the attempt to acquire the same, and authority is hereby given to the Authority to Secretary of War to acquire for the purposes of this Act acquire land, the land above mentioned, or so much thereof as he may deem necessary, together with all such existing breastworks, earthworks, gun emplacements, walls, defenses, shelters, or other historical points as the Secretary of War may deem necessary, whether shown on said index map sheet or not, and together also with such additional land as the Secretary of War may deem necessary for monuments, markers, tablets, roads, highways, paths, approaches, and to carry out the general purposes of this Act. As title is acquired to parts of the land herein authorized to be acquired, the Secretary of War may proceed with the establishment of the park upon such portions so acquired, and the remaining portions of the lands desired shall be respectively brought within said park as titles to said portions are severally acquired. (16 U.S.C. § 425.)

SEC. 2. The Secretary of War is hereby authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of the

677-347-63—17

Condemnation acquire land. Vol. 25, p. 857.

proceedings_to

Provisos.
Purchases

Act of August 1, 1888, entitled "An Act to authorize condemnation of lands for sites for public buildings, and for other purposes" (Twenty-fifth Statutes at Large, page 357), to acquire title to the lands, interests therein, or rights pertaining thereto within the said Fredericksburg and Spotsylvania County Battle Fields Memorial, herein above authorized to be acquired, and the United States shall be entitled to immediate possession upon the filing of the petition in condemnation in the United States District Court for the Eastern District of Virginia: 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 commission, hereinafter referred to, and the Secretary of War, shall be reasonable, the Secretary may purchase the same without further delay: Provided further, That the Secretary of War is hereby authorized to accept on behalf of the United States, donations of lands, interests therein or rights pertaining thereto required for the said Fredericksburg and Spotsylvania County Battle Fields awalt approval Memorial: And provided further, That no public money

from owners.

Acceptance of donations.

Payment to

of title.

Leases with owners for

lands unnecessary to

purchase.

Provisos. Cultivation, etc., of holdings.

Condition.

Proceeds from acquired lands.

leases of

shall be expended for title to any lands until a written opinion of the Attorney General shall be had in favor of the validity of title thereto. (16 U.S.C. § 425a.)

SEC. 3. The Secretary of War is hereby authorized to enter into leases with the owners of such of the lands, works, defenses, and buildings thereon within the said Fredericksburg and Spotsylvania County Battle Fields Memorial, as in his discretion it is unnecessary to forthwith acquire title to, and such leases shall be on such terms and conditions as the Secretary of War may prescribe, and may contain options to purchase, subject to later acceptance if in the judgment of the Secretary of War it is as economical to purchase as condemn title to the property: Provided, That the Secretary of War 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 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 underbrush or disturb or remove the soil, under such regulations as the Secretary of War 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: Provided further, That if such agreements to lease cover any lands the title to which shall have been acquired by the United States, the proceeds from such agreements shall be applied by the Secretary of War toward the maintenance of the park. (16 U.S.C. § 425b.)

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