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Excerpt from "An Act Making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1927, and for other purposes," approved April 15, 1926 (44 Stat. 254, 289)

and Chatta

Continuing

Chickamauga and Chattanooga National Military Chickamauga Park: For continuing the establishment of the park; nooga. compensation and expenses of the superintendent, maps, establishment surveys, clerical and other assistance; maintenance, re- of, etc. pair, and operation of one motor-propelled and one horsedrawn passenger-carrying vehicle; office and all other necessary expenses; foundations for State monuments; mowing; historical tablets, iron and bronze; iron gun carriages; roads and their maintenance, including not exceeding $5,000 for posts and guard rails on highways; repair or removal of towers; purchase of small tracts of lands heretofore authorized by law, $78,265.

An Act To authorize the Secretary of War to accept on behalf of the United States a tract or parcel of land for park purposes, to the Chickamauga-Chattanooga National Military Park, approved July 1, 1932 (47 Stat. 564)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is hereby authorized to accept on behalf of the United States, for park purposes, as a part of Chickamauga-Chattanooga National Military Park, a certain tract or parcel of land not less than two acres in area lying and being in the third civil district of Hamilton County, Tennessee, on Signal Mountain; being the property of the town of Signal Mountain, and situated within the limits of said town, and known as Signal Mountain Park.

Chattanooga

ChickamaugaNational Milltary Park. Signal Mounaddition to, authorized.

Acceptance of

tain Park for

authorized.

SEC. 2. The Secretary of War is empowered, within Marker his discretion, to permit the erection on said property of any marker, monument, or ornamental design by the citizens of the town of Signal Mountain at their expense.

An Act To provide for the addition of certain surplus Government lands to the Chickamauga and Chattanooga National Military Park, in the States of Georgia and Tennessee, and for other purposes, approved June 24, 1948 (62 Stat. 646)

nooga Na

tary Park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective upon publication of notice, as Chickamauga hereinafter provided, there shall be added to the Chicka- and Chattamauga and Chattanooga National Military Park, a strip tional Miliof land, comprising not more than one hundred acres, Additional lying generally north of the present south line of Fort Oglethorpe and westward from the southeast corner thereof. The exact boundaries of the area added to the park shall be agreed upon by the Administrator, War Assets Administration, and the Director of the National Park Service.

land.

Publication in

Federal
Register.

When the boundaries of the aforesaid area have been agreed upon, the War Assets Administration shall furnish to the National Park Service a legal description of the lands to be added to the park, together with a map showing the boundaries and the acreage of the area.

Upon the receipt by the National Park Service of such
legal description and map of the area, public notice that
such lands are to become a part of the Chickamauga and
Chattanooga National Military Park, effective on the date
of publication of such notice, shall be given in the Fed-
eral Register. (16 U.S.C. § 424a-3.)

An Act To authorize the addition of certain land to Chickamauga
and Chattanooga National Military Park in the State of Ten-
nessee, approved August 3, 1950 (64 Stat. 405)

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress as-
sembled, That the Secretary of the Interior is hereby
authorized to accept, as an addition to Chickamauga and
Chattanooga National Military Park, donations of not to
exceed one thousand and four hundred acres of land and
interests in land situated generally within the Moccasin
Bend of the Tennessee River lying west of the city of
Chattanooga.

SEC. 2. All property acquired pursuant to this Act shall become a part of the national military park upon the issuance of an appropriate order, or orders, by the Secretary of the Interior setting forth the revised boundaries of the park, such order or orders to be effective upon publication in the Federal Register. Lands so added to the park shall thereafter be subject to all laws and regulations applicable to the park. (16 U.S.C. § 424a-4.)

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4. Fort Donelson National Military Park

Establishment__
-Act of March 26, 1928
Establishment act amended.
-Act of February 18, 1930
Revision of boundaries and change of name of park authorized__-.
-Act of September 8, 1960

Page

243

246

246

An Act To establish a national military park at the battle field of Fort Donelson, Tennessee, approved March 26, 1928 (45 Stat. 367)

Tenn., battle field.

Fort Donelson,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission is hereby created, to be composed of the following members, who shall be appointed by the Secretary of War: (1) A commissioned officer of the Corps of Engineers, Army Engineer 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. (16 U.S.C. § 428.)

SEC. 2. In appointing the members of the commission created by section 1 of this Act the Secretary of War shall, as far as practicable, select persons familiar with the terrain of the battle field of Fort Donelson, Tennessee, and the historical events associated therewith. (16 U.S.C. § 428a.)

Commission created.

officer.

United States

test

veteran.

Confederate
War veteran.

States Civil

Qualifications

of commission.

Duty of cominspect battle field, etc.

mission, to

ings to Secre

SEC. 3. It shall be the duty of the commission, acting under the direction of the Secretary of War, to inspect the battle field of Fort Donelson, 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 Fort Donelson, and the important events connected therewith, with a view of preserving and marking such field for historical and professional military study. The commission shall submit a Report of findreport of its findings and recommendations to the Sec- tary of War. retary of War not later than December 1, 1928. Such report shall describe the portion or portions of land within the area of the battle field which the commission thinks should be acquired and embraced in a national park and the price at which such land can be purchased and its reasonable market value; the report of the commission shall also embrace a map or maps showing the lines of battle and the locations of all troops engaged in the Battle of Fort Donelson and the location of the land which it recommends be acquired for the national park; the report of the commission shall contain recommendations

Subjects to be

considered.

Assignment of officials.

Expenses authorized.

Acquiring lands by purchase or

for the location of historical tablets at such points on the battle field, both within and without the land to be acquired for the park, as they may deem fitting and necessary to clearly designate positions and movements of troops and important events connected with the Battle of Fort Donelson. (16 U.S.C. § 428b, in part.)

SEC. 4. The Secretary of War is authorized to assign any officials of the War 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 herein imposed upon them. (16 U.S.C. § 428c.)

SEC. 5. That, upon receipt of the report of said comcondemnation. mission, the Secretary of War be, and he is hereby, 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 desirEstablishment, able for a national park; to establish and substantially

etc., as a

national military park.

Proviso.

Cost limitation.

Upon cession of

jurisdiction by

to be Fort Donelson

National Park.

mark the boundaries of the said park; to definitely mark all lines of battle and locations of troops within the boundaries of the park and erect substantial historical tablets at such points within the park and in the vicinity of the park and its approaches as are recommended by the commission, together with such other points as the Secretary of War may deem appropriate: 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 battle field, and the expenses of the commission, shall not exceed the sum of $50,000. (16 U.S.C. § 428d as amended. See p. 246.)

SEC. 6. That, upon the ceding of jurisdiction by the Tennessee, etc., 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 this Act, together with the area already inclosed within the national cemetery at the battle field of Fort Donelson, are hereby declared to be a national park to be known as the Fort Donelson National Park. U.S.C. § 428e.)

Control of
Secretary of
War.

Superintendent.

(16

SEC. 7. That the said Fort Donelson National Park shall be under the control of the Secretary of War, and he is hereby authorized to make all needed regulations for the care of the park. The superintendent of the Fort Donelson National Cemetery shall likewise be the superintendent of and have the custody and care of the Fort Donelson National Park, under the direction of the Secretary of War. (16 U.S.C. § 428f.)

with present

lands, for

SEC. 8. That the Secretary of War is hereby authorized Agreements to enter into agreements, upon such nominal terms as he holders of may prescribe, with such present owners of the land as protection may desire to remain upon it, to occupy and cultivate thereof, etc. 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. (16 U.S.C. § 428g.)

SEC. 9. That it shall be lawful for the authorities of any State having troops engaged in the Battle of Fort Donelson to enter upon the lands and approaches of the Fort Donelson 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 War and shall first receive the written approval of the Secretary. (16 U.S.C. § 428h.)

SEC. 10. That 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 park by lawful authority, or shall willfully destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said park, 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 park, or shall cut down or fell or remove any timber, battle relic, tree, or trees growing or being upon such park, except by permission of the Secretary of War, 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 park, 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. (16 U.S.C. § 428i.)

SEC. 11. That the sum of $50,000, or so much thereof as may be necessary, is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended for the purposes of this Act. (See 16 U.S.C. § 428j.)

States may battle of their troops.

mark lines of

Proviso.

Marking, etc.,

subject to Secretary of War.

approval of

Penalty for injuring, etc., property.

destroying,

Amount
be expended.
Post, pp. 929,

authorized to

1666.

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