16 U.S.C. § 440 — Closure in times of national emergency
submitted 112 years ago by ch. 100 to r/title-16-CONSERVATION · 47 words · no verdicts yet
This law lets Fort McHenry close during emergencies. The Secretary of the Interior may shut the fort for any national emergency. During and shortly after the emergency, it can be used for military purposes.
This section gives the Secretary of the Interior emergency power over Fort McHenry.
If a national emergency happens, the Secretary may close Fort McHenry.
While it's closed, the fort may be used for any and all military purposes.
That military use can continue not just during the emergency itself, but also for some time afterward — for as long as the public's needs require it. The law does not set a fixed length for that extra period; it leaves that judgment open, tied to actual public need.
In other words, this section puts the decision to close the fort, and the decision on how long military use continues afterward, in the Secretary's hands.
The Secretary of the Interior may, in case of a national emergency, close the said Fort McHenry and it may be used for any and all military purposes during the period of the emergency and for such period of time thereafter, as the public needs may require.
Source credit: (May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43 Stat. 1109; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)
- 1914Enacted · Act of May 26, 1914, ch. 100 · 38 Stat. 382
- 1925Amended · Act of Mar. 3, 1925, ch. 425 · 43 Stat. 1109
A history note hasn’t been published yet. The record shows enactment by ch. 100 on 1914-05-26.
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