--- kind: "range" citation: "16 U.S.C. §§ 426–426j" title: "16" from: "426" to: "426j" count: 11 release: "119-102" url: "https://uscodex.org/usc/16/426..426j" --- # §426. Stones River National Battlefield; establishment; appointment of commission A [commission](/usc/16/410cc–1.md?p=3) is created, to be composed of the following members, who shall be appointed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior: - (1) A commissioned officer of the [Corps](/usc/16/1722.md?p=2) 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](/usc/16/544.md?p=r) of America. # §426a. Qualifications of members of commission In appointing the members of the [commission](/usc/16/410cc–1.md?p=3) created by [section 426 of this title](/usc/16/426.md) the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall, as far as practicable, select [persons](/usc/16/450rr–1.md?p=b) familiar with the terrain of the battlefield of Stones River, Tennessee, and the historical events associated therewith. # §426b. Duties of commission It shall be the duty of the [commission](/usc/16/410cc–1.md?p=3), acting under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1) 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. # §426c. Assistants to commission; expenses of commission The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to assign any officials of the Interior Department to the assistance of the [commission](/usc/16/410cc–1.md?p=3) if he deems it advisable. He is authorized to pay the reasonable expenses of the [commission](/usc/16/410cc–1.md?p=3) and their assistants incurred in the actual performance of the duties imposed upon them by [sections 426 to 426j](/usc/16/426..426j.md) of this title. # §426d. Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary Upon receipt of the report of said [commission](/usc/16/410cc–1.md?p=3), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized and directed to [acquire](/usc/16/620e.md?p=1), 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](/usc/16/410cc–1.md?p=3) 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](/usc/16/410cc–1.md?p=3), together with such other points as the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410cc–1.md?p=3), and the establishment of the national military battlefield, shall not exceed the sum of $100,000. # §426e. Lands acquired declared national battlefield; name Upon the ceding of jurisdiction by the legislature of the [State](/usc/16/6456.md?p=2) 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](/usc/16/426..426j.md) of this title, together with the [area](/usc/16/539m–1.md?p=1-A) 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. # §426f. Control of battlefield; regulations The said Stones River National Battlefield shall be under the control of the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) of the Interior. # §426g. Occupation of lands by former owners The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to enter into agreements, upon such nominal terms as he may prescribe, with such present [owners](/usc/16/429b–3.md?p=4) of the land as may desire to remain upon it, to occupy and cultivate their present holdings, upon condition that they will [preserve](/usc/16/410hhh–1.md?p=7) 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](/usc/16/410r–5.md?p=c-1) 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. # §426h. Ascertaining and marking lines of battle It shall be lawful for the authorities of any [State](/usc/16/6456.md?p=2) 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](/usc/16/410r–5.md?p=c-1) of the Interior, and shall first receive the written approval of the [Secretary](/usc/16/410r–5.md?p=c-1). # §426i. Protection of monuments, etc. If any [person](/usc/16/450rr–1.md?p=b) shall willfully destroy, mutilate, deface, injure, or remove any monument, column, statue, [memorial](/usc/16/450ss–1.md?p=2) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/450rr–1.md?p=b) 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. # §426j. Authorization of appropriation; fixing of boundaries as condition to purchase of lands 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](/usc/16/426..426j.md) of this title: Provided, That no obligation for the purchase of lands shall be incurred until the [commission](/usc/16/410cc–1.md?p=3) has fixed the boundaries of said battlefield.