ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 424Chickamauga and Chattanooga National Military Park

submitted 136 years ago by ch. 806 to r/title-16-CONSERVATION · 842 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Chickamauga and Chattanooga National Military Park in Georgia and Tennessee, from land the states ceded to the United States. The Secretary of the Interior controls the park and its approach roads, which stay open to the public. The Secretary also oversees marking battle lines and placing monuments, with limits on who can put up memorials.

This section creates a national military park to preserve and mark the sites of major Civil War battles near Chickamauga and Chattanooga. Certain highways in Georgia and Tennessee near these battlefields — over which the states had already given the United States jurisdiction, and to which the United States already held clear title — become approaches to, and parts of, the park. These roads stay open to the public, and rights of way that existed as of August 19, 1890 continue. The land and roads at and near the Chickamauga battlefield and around Chattanooga, over which Georgia had already ceded jurisdiction and clear title, together with the highways described above, form the Chickamauga and Chattanooga National Military Park. The Secretary of the Interior controls the park and its approaches. The Secretary can make agreements, on modest terms the Secretary sets, with people who owned the land as of August 19, 1890 and want to keep living there. Under those agreements, the landowners can keep farming their land, but must preserve the buildings, roads, and the general layout of fields and forest as they were, can only cut trees or underbrush under the Secretary's regulations, and must help protect any tablets, monuments, or other historical structures placed there. The Secretary of the Interior must oversee opening any roads the park needs, and repairing existing roads. The Secretary must also identify and clearly mark the battle lines of every unit that fought at Chickamauga and Chattanooga, wherever those lines fall within the park. The Secretary must find and substantially mark the positions of regular Army troops within the park, and erect monuments there as Congress funds. The Secretary can likewise mark all battle lines within the park and put up historical tablets near the park and its approaches — even outside the park's legal boundaries — wherever helpful to explain troop positions and movements connected to the battles. States that had troops fight at either Chattanooga or Chickamauga, and the officers and directors of the Chickamauga Memorial Association (a Georgia corporation), can enter the park's land and approaches to figure out and mark their troops' battle lines. But before any line is permanently marked, its position and the proposed marking method — monuments, tablets, or otherwise — must be submitted to, and get written approval from, the Secretary of the Interior. Subject to the President's approval, the Secretary of the Interior must make all needed regulations for caring for the park and marking its battle lines and other historical features. State memorials must be placed along brigade battle lines, as the National Park Service directs. There's a limit on monuments: none may be erected on park land — including land later purchased for the park — except on ground a state's own troops actually occupied during the battle the monument commemorates. The one exception is land set aside specifically for memorials to units that fought in the surrounding campaigns but operated outside the park's legal limits. Despite that restriction, the Secretary of the Interior can, at the Secretary's discretion, allow — at no cost to the United States — monuments or memorials commemorating Spanish-American War units that camped in the park during that war.
the actual law source: uscode.house.gov ↗public domain

For the purpose of preserving and suitably marking for historical and professional military study, the fields of some of the most remarkable maneuvers and most brilliant fighting in the War of the Rebellion, those portions of highways in the States of Georgia and Tennessee in the vicinity of the battlefields of Chickamauga and Chattanooga, respectively, jurisdiction over which has heretofore been ceded to the United States by those States respectively and as to which the United States has heretofore acquired a perfect title, shall be approaches to and parts of the Chickamauga and Chattanooga National Military Park, and each and all of such roads shall remain open as free and public highways, and all rights of way which existed on August 19, 1890, through the grounds of the said Park and its approaches shall be continued. The lands and roads embraced in the area at and near the battlefield of Chickamauga and around Chattanooga, jurisdiction over which has heretofore been ceded to the United States by the State of Georgia and as to which a perfect title has heretofore been secured, together with the roads hereinbefore described, shall be a national military park, to be known as Chickamauga and Chattanooga National Park. The said Chickamauga and Chattanooga National Park and the approaches thereto shall be under the control of the Secretary of the Interior. The Secretary of the Interior is authorized to enter into agreements upon such nominal terms as he may prescribe, with such persons, who were owners of the land on August 19, 1890, as may desire to remain upon it, to occupy and cultivate their then 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 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. It shall be the duty of the Secretary of the Interior to superintend the opening of such roads as may be necessary to the purposes of the park, and the repair of the roads of the same, and to ascertain and definitely mark the lines of battle of all troops engaged in the battles of Chickamauga and Chattanooga, so far as the same shall fall within the lines of the park. It shall be the duty of the Secretary of the Interior to cause to be ascertained and substantially marked the locations of the regular troops within the boundaries of the park, and to erect monuments upon those positions as Congress may provide the necessary appropriations; and the Secretary of the Interior in the same way may ascertain and mark all lines of battle within the boundaries of the park and erect plain and substantial historical tablets at such points in the vicinity of the park and its approaches as he may deem fitting and necessary to clearly designate positions and movements, which, although without the limits of the park, were directly connected with the battles of Chickamauga and Chattanooga. It shall be lawful for the authorities of any State having troops engaged either at Chattanooga or Chickamauga, and for the officers and directors of the Chickamauga Memorial Association, a corporation chartered under the laws of Georgia, to enter upon the lands and approaches of the Chickamauga and Chattanooga National Park 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. The Secretary of the Interior, subject to the approval of the President of the United States, shall have the power to make, and shall make, all needed regulations for the care of the park and for the establishment and marking of the lines of battle and other historical features of the park: Provided further, That State memorials shall be placed on brigade lines of battle under the direction of the National Park Service.

No monuments or memorials shall be erected upon any lands of the park, or remain upon any lands which may be purchased for the park, except upon ground actually occupied in the course of the battle by troops of the State which the proposed monuments are intended to commemorate, except upon those sections of the park set apart for memorials to troops which were engaged in the campaigns, but operated outside of the legal limits of the park. Notwithstanding the restrictive provisions of this paragraph, the Secretary of the Interior is authorized in his discretion to permit without cost to the United States the erection of monuments or memorials to commemorate encampments of Spanish War organizations which were encamped in said park during the period of the Spanish-American War.

Source credit: (Aug. 19, 1890, ch. 806, §§ 1–11, 26 Stat. 333–336; Mar. 3, 1891, ch. 542, 26 Stat. 978; Feb. 26, 1896, ch. 33, 29 Stat. 21; June 4, 1897, ch. 2, § 1, 30 Stat. 43; Apr. 15, 1926, ch. 146, title II, 44 Stat. 289; Feb. 23, 1927, ch. 167, title II, 44 Stat. 1140; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)

history & why it existsrecord from the source credit
  • 1890Enacted · Act of Aug. 19, 1890, ch. 806 · 26 Stat. 333
  • 1891Amended · Act of Mar. 3, 1891, ch. 542 · 26 Stat. 978
  • 1896Amended · Act of Feb. 26, 1896, ch. 33 · 29 Stat. 21
  • 1897Amended · Act of June 4, 1897, ch. 2 · 30 Stat. 43
  • 1926Amended · Act of Apr. 15, 1926, ch. 146 · 44 Stat. 289
  • 1927Amended · Act of Feb. 23, 1927, ch. 167 · 44 Stat. 1140

A history note hasn’t been published yet. The record shows enactment by ch. 806 on 1890-08-19.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case