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16 U.S.C. § 430hVicksburg National Military Park

submitted 127 years ago by ch. 176 to r/title-16-CONSERVATION · 1,025 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress created Vicksburg National Military Park in Mississippi to preserve the site of the campaign and siege of Vicksburg. The Secretary of the Interior manages the park, may lease land to prior tenants, marks battle lines for states, and can fine anyone who damages monuments or park property $5 to $500.

This section creates Vicksburg National Military Park, covering the Vicksburg battlefield in Mississippi, to preserve the history of the campaign, siege, and defense of Vicksburg. It only covers land the United States already owns and over which Mississippi has given the U.S. its usual jurisdiction. The Secretary of the Interior may lease land to people who were occupying or renting it on February 21, 1899, letting them keep living there and farming it. In return, they must keep the buildings, roads, and the shape of fields and forest as they were, cut trees and underbrush only under the Secretary's rules, and help protect any tablets, monuments, or historical works. But the United States always keeps the right to take back any part of this land and remove any occupant or tenant whenever the Secretary decides it's proper or necessary — every lease must say so in plain terms. If told to leave, the occupant or tenant must hand over the land right away. The Secretary must restore the forts, lines of fortification, and the two armies' parallels and approaches (or however much of this is needed for the park). The Secretary must also open, build, and repair roads needed for the park, and mark — with historical tablets or another method — the battle lines, siege lines, and the headquarters of General Grant and General Pemberton, plus other historically important spots in or near the park. The Secretary has the authority to do everything necessary for the park's purposes and must make and enforce all needed rules to take care of it. Any state that had troops in the siege and defense of Vicksburg may enter park land to find and mark its troops' battle lines. But before making any line permanent, the state must submit the line's position and how it plans to mark it — by monuments, tablets, or otherwise — to the Secretary, along with the exact design and wording, and get the Secretary's written approval. No monument, tablet, or other marker may go up in the park or nearby without that written approval. No state can be treated worse than another in how it marks its lines, and any approval given to one state can be used by any other state. These same rules apply to organizations and individuals, not just states. Because Vicksburg National Cemetery sits partly on ground the Union army held during the siege, these rules also apply, as far as practical, to monuments or tablets marking lines within the cemetery. Finally, this section punishes anyone — without the Secretary's permission — who destroys, defaces, injures, or removes a monument, statue, memorial, tablet, or artwork lawfully placed in the park; or destroys or removes any protective fence, railing, or enclosure; or damages any tree, bush, or shrub growing in the park; or cuts down, fells, or removes any timber, battle relic, or tree; or hunts inside the park; or destroys any breastworks, earthworks, walls, or other wartime defenses on park land or its approaches. Anyone found guilty of this before a U.S. magistrate judge, court, or justice of the peace must pay a fine of between $5 and $500, depending on how serious the offense was. Half of that fine goes to the park, and half goes to whoever reported the offense.
the actual law source: uscode.house.gov ↗public domain

In order to commemorate the campaign, siege, and defense of Vicksburg, and to preserve the history of the battles and operations of the siege and defense on the ground where they were fought and carried on, the battlefield of Vicksburg, in the State of Mississippi, insofar as title to the same has been acquired by the United States and as the usual jurisdiction over the lands and roads of the same has heretofore been granted to the United States by the State of Mississippi, shall be a National Military Park. The Secretary of the Interior is authorized to enter into agreements of leasing upon such terms as he may prescribe with such persons, who were on February 21, 1899, occupants or tenants of the lands, as may desire to remain upon them to occupy and cultivate their holdings, upon condition that they will preserve the then buildings and roads and the then outlines of field and forest, and that they will only cut trees and underbrush under such regulations as the Secretary of the Interior may prescribe, and that they will assist in caring for and protecting all tablets, monuments, or such other historical works as may from time to time be erected by proper authority: Provided, That the United States shall at all times have and retain their right, power, and authority to take possession of any and all parts and portions of said premises, and to remove and expel therefrom any such occupant, tenant, or other person or persons found thereon whenever the Secretary of the Interior shall deem it proper or necessary; and such right, power, and authority shall be reserved in express terms in all leases and agreements giving or granting such occupant or tenant the right to remain in possession as herein contemplated; and thereupon said occupant or tenant or other persons who may be required to vacate said premises shall each and all of them at once surrender and deliver up the possession thereof. It shall be the duty of the Secretary of the Interior to cause to be restored the forts and lines of fortification, the parallels and the approaches of the two armies, or so much thereof as may be necessary to the purposes of this Park; to open and construct and repair such roads as may be necessary to said purposes, and to ascertain and to mark with historical tablets, or otherwise, the lines of battle of the troops engaged in the assaults, and the lines held by the troops during the siege and defense of Vicksburg, the headquarters of General Grant and of General Pemberton, and other historical points of interest pertaining to the siege and defense of Vicksburg within the Park or its vicinity; and the Secretary of the Interior shall have authority to do all things necessary to the purposes of the park, and he shall make and enforce all needful regulations for the care of the Park. It shall be lawful for any State that had troops engaged in the siege and defense of Vicksburg to enter upon the lands of the Vicksburg National Military Park for the purpose of ascertaining and marking the lines of battle of its 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 and approved by the Secretary of the Interior, and all such lines, designs, and inscriptions for the same shall first receive the written approval of the Secretary of the Interior; and no monument, tablet, or other designating indication shall be erected or placed within said park or vicinity without such written authority of the Secretary of the Interior: Provided, That no discrimination shall be made against any State as to the manner of designating lines, but any grant made to any State by the Secretary of the Interior may be used by any other State. The provisions of this section shall also apply to organizations and persons; and as the Vicksburg National Cemetery is on ground partly occupied by Federal lines during the siege of Vicksburg, the provisions of this section, as far as may be practicable, shall apply to monuments or tablets designating such lines within the limits of that cemetery. If any person shall, except by permission of the Secretary of the Interior, destroy, mutilate, deface, injure, or remove any monument, column, statue, memorial structure, tablet, or work of art that shall be erected or placed upon the grounds of the park by lawful authority, or shall destroy or remove any fence, railing, inclosure, or other work intended for the protection or ornamentation of said park, or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, or shrub that may be growing upon said park, or shall cut down or fell or remove any timber, battle relic, tree, or trees growing or being upon said park, or hunt within the limits of the park, or shall remove or destroy any breastworks, earthworks, walls, or other defenses or shelter or any part thereof constructed by the armies formerly engaged in the battles, on the lands or approaches to the park, any person so offending and found guilty thereof, before any United States magistrate judge or court, justice of the peace of the county in which the offense may be committed, or any court of competent jurisdiction, shall for each and every such offense forfeit and pay a fine in the discretion of the said magistrate judge or court of the United States or justice of the peace, according to the aggravation of the offense, of not less than five nor more than five hundred dollars, one-half for the use of the park and the other half to the informant, to be enforced and recovered before such United States magistrate judge or court or justice of the peace or other court in like manner as debts of like nature were, on February 21, 1899, by law recoverable in the several counties where the offense may be committed.

Source credit: (Feb. 21, 1899, ch. 176, 30 Stat. 841; 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. 638; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit
  • 1899Enacted · Act of Feb. 21, 1899, ch. 176 · 30 Stat. 841
  • 1966Amended · Pub. L. 89-554 · 80 Stat. 638
  • 1968Amended · Pub. L. 90-578 · 82 Stat. 1118
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by ch. 176 on 1899-02-21.

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