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4. Tupelo National Battlefield

Establishment as national battlefield site________Act of February 21, 1929
Acquisition of additional lands authorized and name changed--
-Act of August 10, 1961

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331

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An Act To provide for the commemoration of the battles of Brices Cross Roads, Mississippi, and Tupelo, Mississippi, approved February 21, 1929 (45 Stat. 1254)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of commemorating the battles of Brices Cross Roads, Mississippi, and Tupelo, Mississippi, the Secretary of War is authorized and directed to (1) acquire not to exceed one acre of land, free of cost to the United States, at each of the abovenamed battle fields, (2) fence each parcel of land so acquired, (3) build an approach to each such parcel of land, and (4) erect a suitable marker on each such parcel of land. (16 U.S.C. § 429.)

SEC. 2. There is authorized to be appropriated $10,000, or so much thereof as may be necessary, to carry out the provisions of section 1 of this Act.

SEC. 3. Each parcel of land acquired under section 1 of this Act shall be under the jurisdiction and control of the Secretary of War, and there is authorized to be appropriated for the maintenance of each such parcel of land, fence, approach, and marker a sum not to exceed $250 per annum. (16 U.S.C. § 429a.)

An Act To provide additional lands for the Tupelo National Battlefield site, Mississippi, and for other purposes, approved August 10, 1961 (75 Stat. 336)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to further the purposes of the Act of February 21, 1929 (45 Stat. 1254), the Secretary of the Interior may acquire by donation or with donated funds not to exceed one-half acre of land and interests in land for addition to the adjoining Tupelo National Battlefield site. (16 U.S.C. § 429a-1.)

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SEC. 2. The Tupelo National Battlefield site is hereby redesignated the Tupelo National Battlefield which shall continue to be administered pursuant to the Act of August 25, 1916 (39 Stat. 535), as amended and supple- 16 U.S.C. 1–4. mented, entitled "An Act to establish a National Park Service, and for other purposes." (16 U.S.C. § 429a-2.)

VIII. LEGISLATION RELATING TO NATIONAL
BATTLEFIELD SITES

1. Antietam National Battlefield Site

Authorization for preserving lines of battle and for placing under super-
vision of Secretary of War all lands acquired for this purpose---
---Excerpt from Act of August 30, 1890
Authorization for Secretary of War to accept land donated for purpose of
connecting monument of the Ninth Regiment of New York Volunteers
with the road system of Antietam battlefield___
--Excerpt from Act of March 4, 1915
-Act of April 22, 1960
--Act of May 31, 1962

Acquisition of lands for site authorized__
Exchange of certain lands authorized__

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Excerpt from “An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1891, and for other purposes," approved August 30, 1890 (26 Stat. 371, 401)

National Cemetery, Antietam, Maryland:

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* * *

etc., lines of battle, etc.

Preserving,

For the purpose of surveying, locating, and preserving the lines of battle of the Army of the Potomac and of the Army of Northern Virginia at Antietam, and for marking the same, and for locating and marking the position of each of the forty-three different commands of the Regular Army engaged in the battle of Antietam, and for the purchase of sites for tablets for the marking Sites for tabof such positions, fifteen thousand dollars. And all lands acquired by the United States for this purpose, whether by purchase, gift, or otherwise, shall be under the care and supervision of the Secretary of War. (16 U.S.C. § 446.)

Excerpt from "An Act Making appropriations for the support of the Army for the fiscal year ending June 30, 1916," approved March 4, 1915 (38 Stat. 1062, 1077)

The Secretary of War is hereby authorized to accept, on behalf of the Government of the United States, the land which has been donated for the purpose of connecting the monument of the Ninth Regiment of New York Volunteers with the road system of the battle field of Antietam.

lets.

lands acquired.

Supervision of

battle field. Acceptance of

Antietam

donated land authorized.

Antietam
Battlefield,
Md.

Preservation.

Report to
Congress.

Antietam
National
Battlefield
site.

Exchange of
certain lands.

An Act To provide for the protection and preservation of the Antietam Battlefield in the State of Maryland, approved April 22, 1960 (74 Stat. 79)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to acquire such lands and interests in land and to enter into such agreements with the owners of land on behalf of themselves, their heirs and assigns with respect to the use thereof as the Secretary finds necessary to preserve, protect and improve the Antietam Battlefield comprising approximately 1,800 acres in the State of Maryland and the property of the United States thereon, to assure the public a full and unimpeded view thereof, and to provide for the maintenance of the site (other than those portions thereof which are occupied by public buildings and monuments and the Antietam National Cemetery) in, or its restoration to, substantially the condition in which it was at the time of the battle of Antietam. Not more than 600 acres of land, however, shall be acquired in fee by purchase or condemnation, but neither this limitation nor any other provision of law shall preclude such acquisition of the fee title to other lands and its immediate reconveyance to the former owner with such covenants, restrictions, or conditions as will accomplish the purposes of this Act: Provided, That the cost to the Government of any such transaction shall not exceed the reasonable value of the covenants, restrictions, or conditions thereby imposed on the property. Any acquisition authorized by this Act may be made without regard to the limitation set forth in the proviso contained in the Act of May 14, 1940 (54 Stat. 212). The Secretary shall report to the Congress at least once each year on any acquisition made or agreement entered into under this Act. (16 U.S.C. § 43000 [Supp. II].)

An Act To authorize the exchange of certain lands at Antietam
National Battlefield site, approved May 31, 1962 (76 Stat. 81)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to effect changes in land ownership made necessary by the widening and relocation of Maryland State Route 34 at Antietam National Battlefield site, the Secretary of the Interior may accept for the United States title to the following described lands, or interests in lands:

Beginning at the intersection of the northerly rightof-way line of Maryland Route Numbered 34 leading from Sharpsburg to Boonsboro with the northerly rightof-way line of the relocation of Richardson Avenue said point of intersection being 34.00 feet measured radially from station 17+00 of the base line of right-of-way as

said base line of right-of-way is delineated on State Roads Commission's plat numbered 16968,

Thence binding along the aforementioned northerly right-of-way line of Richardson Avenue the two following course and distances, namely: north 38 degrees 37 minutes 30 seconds east, 71.78 feet and north 69 degrees 10 minutes 55 seconds east, 333.04 feet to intersect the westerly right-of-way line of Richardson Avenue,

Thence binding thereon south 12 degrees 31 minutes 20 seconds west, 31.12 feet to intersect the base line of right-of-way of the relocation of Richardson Avenue at station 3+33.73,

Thence continuing along the aforementioned westerly right-of-way line of Richardson Avenue south 12 degrees 31 minutes 20 seconds west, 116.03 feet to intersect the aforementioned northerly right-of-way line of Maryland Route Numbered 34,

Thence binding thereon the two following courses and distances, namely: south 84 degrees 45 minutes 55 seconds west, 213.83 feet, and by a curve to the left having a radius of 5,763.58 feet for a distance of 111.84 feet, said curve being subtended by a chord south 84 degrees 12 minutes 40 seconds west, 111.83 feet to the place of beginning.

Said parcel containing 0.66 acre, more or less, and being a part or parts of that tract of land which was conveyed from Henry Piper to Samuel D. Piper by deed dated March 7, 1890, and recorded among land records of Washington County in liber numbered 94, folio 449.

SEC. 2. In exchange for the conveyance of the lands described in section 1 of this Act, the Secretary of the Interior may convey the following described lands: An approximate 0.05-acre parcel of United States land comprising the southerly portion of Richardson Avenue located in Antietam National Battlefield site, extending from the northerly right-of-way line of the widened and relocated Maryland State Route 34 southwestward about 65 feet into the said Maryland State Route 34 right-ofway at station 20+40.

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