16 U.S.C. §§ 426–426j

§426. Stones River National Battlefield; establishment; appointment of commission

16 U.S.C. § 426

A commission is created, to be composed of the following members, who shall be appointed by the Secretary of the Interior:

(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.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 1, 44 Stat. 1399; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–443, §§ 2, 3, Apr. 22, 1960, 74 Stat. 82.)

Statutory Notes and Related Subsidiaries

Change of Name

Stones River National Military Park redesignated Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.

Executive Documents

Transfer of Functions

Administrative functions of Stones River National 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. Administrative functions of Stones River National Battlefield assigned to Department of the Interior by section 3 of Pub. L. 86–443, set out as section 426m of this title.

National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.

§426a. Qualifications of members of commission

16 U.S.C. § 426a

In appointing the members of the commission created by section 426 of this title the Secretary of the Interior shall, as far as practicable, select persons familiar with the terrain of the battlefield of Stones River, Tennessee, and the historical events associated therewith.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 2, 44 Stat. 1399; 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 426 of this title.

§426b. Duties of commission

16 U.S.C. § 426b

It shall be the duty of the commission, acting under the direction of the Secretary of the Interior, to inspect the battlefield of Stones River, Tennessee, and to carefully study the available records and historical data with respect to the location and movement of all troops which engaged in the battle of Stones River, and the important events connected therewith, with a view of preserving and marking such field for historical and professional military study.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 3, 44 Stat. 1399; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)

Editorial Notes

Codification

A provision of act Mar. 3, 1927, authorizing the submission of a report by the commission to the Secretary of War not later than Dec. 1, 1927, and describing the contents of such report was omitted as executed.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 426 of this title.

§426c. Assistants to commission; expenses of commission

16 U.S.C. § 426c

The Secretary of the Interior is authorized to assign any officials of the Interior Department to the assistance of the commission if he deems it advisable. He is authorized to pay the reasonable expenses of the commission and their assistants incurred in the actual performance of the duties imposed upon them by sections 426 to 426j of this title.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 4, 44 Stat. 1400; 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 426 of this title.

§426d. Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary

16 U.S.C. § 426d

Upon receipt of the report of said commission, the Secretary of the Interior is 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 battlefield; to establish and substantially mark the boundaries of the said battlefield; to definitely mark all lines of battle and locations of troops within the boundaries of the battlefield and erect substantial historical tablets at such points within the battlefield and in the vicinity of the battlefield and its approaches as are recommended by the commission, together with such other points as the Secretary of the Interior may deem appropriate; to construct the necessary roads and walks, plant trees and shrubs, restore and care for the grounds, including the Hazen Monument: 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 battlefield, the expenses of the commission, and the establishment of the national military battlefield, shall not exceed the sum of $100,000.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 5, 44 Stat. 1400; Apr. 15, 1930, ch. 167, 46 Stat. 167; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)

Editorial Notes

Amendments

1930—Act Apr. 15, 1930, inserted “military” between “national” and “park”, authorized construction of roads and walks, planting of trees and shrubs, restoration and care of grounds, including the Hazen Monument, and inserted “and the establishment of the national military park” in proviso.

Statutory Notes and Related Subsidiaries

Change of Name

“National battlefield” and “battlefield” substituted in text for “national military park” and “park”, respectively, in view of redesignation of Stones River National Military Park as Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 426 of this title.

§426e. Lands acquired declared national battlefield; name

16 U.S.C. § 426e

Upon the ceding of jurisdiction by the legislature of the State of Tennessee and the report of the Attorney General of the United States that a perfect title has been acquired, the lands acquired under the provisions of sections 426 to 426j of this title, together with the area already inclosed within the national cemetery at the battlefield of Stones River and the Government reservation in said battlefield upon which is erected a large monument to the memory of the officers and soldiers of General Hazen’s brigade who fell on the spot, are declared to be a national battlefield, to be known as the Stones River National Battlefield.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 6, 44 Stat. 1400; Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)

Statutory Notes and Related Subsidiaries

Change of Name

“Stones River National Battlefield” and “national battlefield” substituted in text for “Stones River National Park” and “national park”, respectively, in view of redesignation of Stones River National Military Park as Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.

§426f. Control of battlefield; regulations

16 U.S.C. § 426f

The said Stones River National Battlefield shall be under the control of the Secretary of the Interior, and he is authorized to make all needed regulations for the care of the battlefield. The superintendent of the Stones River National Cemetery shall likewise be the superintendent of and have the custody and care of the Stones River National Battlefield, under the direction of the Secretary of the Interior.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 7, 44 Stat. 1400; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)

Statutory Notes and Related Subsidiaries

Change of Name

“Stones River National Battlefield” and “battlefield” substituted in text for “Stones River National Park” and “park”, respectively, in view of redesignation of Stones River National Military Park as Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 426 of this title.

§426g. Occupation of lands by former owners

16 U.S.C. § 426g

The Secretary of the Interior is authorized to enter into agreements, upon such nominal terms as he may prescribe, with such present owners of the land as may desire to remain upon it, to occupy and cultivate their present holdings, upon condition that they will preserve the present buildings and roads, and the present outlines of field and forest, and that they will only cut trees or underbrush under such regulations as the Secretary 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.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 8, 44 Stat. 1400; 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 426 of this title.

§426h. Ascertaining and marking lines of battle

16 U.S.C. § 426h

It shall be lawful for the authorities of any State having troops engaged in the battle of Stones River to enter upon the lands and approaches of the Stones River National Battlefield for the purpose of ascertaining and marking the lines of battle of troops engaged therein: Provided, That before any such lines are permanently designated, the position of the lines and the proposed methods of marking them by monuments, tablets, or otherwise shall be submitted to the Secretary of the Interior, and shall first receive the written approval of the Secretary.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 9, 44 Stat. 1401; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)

Statutory Notes and Related Subsidiaries

Change of Name

“Stones River National Battlefield” substituted in text for “Stones River National Park” in view of redesignation of Stones River National Military Park as Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 426 of this title.

§426i. Protection of monuments, etc.

16 U.S.C. § 426i

If any person shall willfully destroy, mutilate, deface, injure, or remove any monument, column, statue, memorial structure, or work of art that shall be erected or placed upon the grounds of the battlefield by lawful authority, or shall willfully destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said battlefield, or any portion thereof; or shall willfully destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, or shrubbery that may be growing upon said battlefield, or shall cut down or fell or remove any timber, battle relic, tree, or trees growing or being upon such battlefield, except by permission of the Secretary of the Interior, or shall willfully remove or destroy any breastworks, earthworks, walls, or other defenses or shelter, or any part thereof, constructed by the armies formerly engaged in the battle on the lands or approaches to the battlefield, any person so offending shall be guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall for each and every such offense be fined not less than $5 nor more than $100.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 10, 44 Stat. 1401; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)

Statutory Notes and Related Subsidiaries

Change of Name

“Battlefield” substituted in text for “park” in view of redesignation of Stones River National Military Park as Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 426 of this title.

§426j. Authorization of appropriation; fixing of boundaries as condition to purchase of lands

16 U.S.C. § 426j

The sum of $100,000, or so much thereof as may be necessary, is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended for the purposes of sections 426 to 426j of this title: Provided, That no obligation for the purchase of lands shall be incurred until the commission has fixed the boundaries of said battlefield.

Notes, amendments, and revision history

(Mar. 3, 1927, ch. 374, § 11, 44 Stat. 1401; Pub. L. 86–443, § 2, Apr. 22, 1960, 74 Stat. 82.)

Statutory Notes and Related Subsidiaries

Change of Name

“Battlefield” substituted in text for “park” in view of redesignation of Stones River National Military Park as Stones River National Battlefield by Pub. L. 86–443. See section 426l of this title.