---
kind: "range"
citation: "16 U.S.C. §§ 425–425j"
title: "16"
from: "425"
to: "425j"
count: 11
release: "119-102"
url: "https://uscodex.org/usc/16/425..425j"
---

# §425. Fredericksburg and Spotsylvania County Battle Fields Memorial; establishment


In order to commemorate the Civil War battles of Fredericksburg, Spotsylvania Court House, [Wilderness](/usc/16/460mmm–1.md?p=6), and Chancellorsville, including Salem Church, all located at or near Fredericksburg, Virginia, and to mark and [preserve](/usc/16/410hhh–1.md?p=7) for historical purposes the breastworks, earthworks, gun emplacements, walls, or other defenses or shelters used by the armies in said battles, so far as the marking and preservation of the same are practicable, the land herein authorized to be acquired, or so much thereof as may be taken, and the highways and approaches herein authorized to be constructed, are declared to be a national military [park](/usc/16/410r–5.md?p=c-3) to be known as the Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2) whenever the title to the same shall have been acquired by the United States, the said land so to be acquired being the land necessary for a [park](/usc/16/410r–5.md?p=c-3) of the plan indicated on the index [map](/usc/16/430f–7.md?p=1) sheet filed with the report of the Battle Field [Commission](/usc/16/410cc–1.md?p=3) appointed pursuant to an Act entitled “An Act to provide for the inspection of the battle fields in and around Fredericksburg and Spotsylvania Court House, Virginia,” approved on the 7th day of June 1924, said index [map](/usc/16/430f–7.md?p=1) sheet being referred to in said report, and particularly in the “Combined Plan—Antietam [system](/usc/16/668ee.md?p=14),” described in said report, the first of the plans mentioned in said report under the heading “Combined Plan—Antietam [system](/usc/16/668ee.md?p=14)” being the plan which is adopted, the said land herein authorized to be acquired being such land as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may deem necessary to establish a [park](/usc/16/410r–5.md?p=c-3) on the combined plan, Antietam [system](/usc/16/668ee.md?p=14), above referred to, the particular boundaries of such land to be fixed by surveys made previous to the attempt to [acquire](/usc/16/620e.md?p=1) the same, and authority is given to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to [acquire](/usc/16/620e.md?p=1) for the purposes of [sections 425 to 425j](/usc/16/425..425j.md) of this title the land above mentioned, or so much thereof as he may deem necessary, together with all such existing breastworks, earthworks, gun emplacements, walls, defenses, shelters, or other historical points as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may deem necessary, whether shown on said index [map](/usc/16/430f–7.md?p=1) sheet or not, and together also with such additional land as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may deem necessary for monuments, markers, tablets, roads, highways, paths, approaches, and to carry out the general purposes of said sections. As title is acquired to parts of the land herein authorized to be acquired, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may proceed with the establishment of the [park](/usc/16/410r–5.md?p=c-3) upon such portions so acquired, and the remaining portions of the lands desired shall be respectively brought within said [park](/usc/16/410r–5.md?p=c-3) as titles to said portions are severally acquired.


# §425a. Acquisition of lands


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of [section 3113 of title 40](/usc/40/3113.md), to [acquire](/usc/16/620e.md?p=1) title to the lands, interests therein, or rights pertaining thereto within the said Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2), authorized to be acquired in [section 425 of this title](/usc/16/425.md), and the United States shall be entitled to immediate possession upon the filing of the petition in condemnation in the United States District Court for the Eastern District of Virginia: Provided, That when the [owner](/usc/16/429b–3.md?p=4) of such lands, interests therein, or rights pertaining thereto shall fix a price for the same, which in the opinion of the [commission](/usc/16/410cc–1.md?p=3), referred to in [section 425c of this title](/usc/16/425c.md), and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, shall be reasonable, the [Secretary](/usc/16/410r–5.md?p=c-1) may purchase the same without further delay: Provided further, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to accept on behalf of the United States, donations of lands, interests therein or rights pertaining thereto required for the said Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2): And provided further, That no public money shall be expended for title to any lands until a written opinion of the Attorney General shall be had in favor of the validity of title thereto.


# §425b. Leasing lands for memorial


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to enter into leases with the [owners](/usc/16/429b–3.md?p=4) of such of the lands, works, defenses, and buildings thereon within the said Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2), as in his discretion it is unnecessary to forthwith [acquire](/usc/16/620e.md?p=1) title to, and such leases shall be on such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may prescribe, and may contain options to purchase, subject to later acceptance if in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior it is as economical to purchase as condemn title to the property: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may enter into agreements upon such nominal terms as he may prescribe, permitting the present [owners](/usc/16/429b–3.md?p=4) or their tenants to occupy or cultivate their present holdings, upon condition that they will [preserve](/usc/16/410hhh–1.md?p=7) the present breastworks, earthworks, walls, defenses, shelters, buildings, and roads, and the present outlines of the battlefields, and that they will only cut trees or underbrush or disturb or remove the soil, under such regulations as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior 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: Provided further, That if such agreements to lease cover any lands the title to which shall have been acquired by the United States, the proceeds from such agreements shall be applied by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior toward the maintenance of the [park](/usc/16/410r–5.md?p=c-3).


# §425c. Commission; organization


The affairs of the said Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2) shall, subject to the supervision and direction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, be in charge of three [commissioners](/usc/16/3601.md?p=3), consisting of Army officers, civilians, or both, to be appointed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, one of whom shall be designated as chairman and another as [secretary](/usc/16/410r–5.md?p=c-1) of the [commission](/usc/16/410cc–1.md?p=3).


# §425d. Duties of commission


It shall be the duty of the [commissioners](/usc/16/3601.md?p=3), under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, to survey, locate, and [preserve](/usc/16/410hhh–1.md?p=7) the lines of the opposing armies in said battles, to open, construct, and repair such roads, highways, paths, and other approaches as may be necessary to make the historical points accessible to the public and to students of said battles and for the purposes of the [park](/usc/16/410r–5.md?p=c-3), to ascertain and mark with historical monuments, markers, tablets, or otherwise, as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may determine, all breastworks, earthworks, gun emplacements, walls, or other defenses or shelters, lines of battle, location of troops, buildings, and other historical points of interest within the [park](/usc/16/410r–5.md?p=c-3) or in its vicinity, and to establish and construct such observation towers as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may deem necessary for said [park](/usc/16/410r–5.md?p=c-3), and the said [commission](/usc/16/410cc–1.md?p=3) in establishing the [park](/usc/16/410r–5.md?p=c-3) shall have authority, under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to employ such labor and services at rates to be fixed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, and to obtain such supplies and materials as may be necessary to carry out the provisions of [sections 425 to 425j](/usc/16/425..425j.md) of this title.


# §425e. Acceptance and distribution of gifts


The [commission](/usc/16/410cc–1.md?p=3), acting through the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, is authorized to receive gifts and contributions from [States](/usc/16/544.md?p=r), Territories, societies, organizations, and individuals for the said Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2): Provided, That all contributions of money received shall be deposited in the Treasury of the United States and credited to a [fund](/usc/16/1421h.md?p=2) to be designated “Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2) [fund](/usc/16/1421h.md?p=2)”, which [fund](/usc/16/1421h.md?p=2) shall be applied to and expended under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for carrying out the provisions of [sections 425 to 425j](/usc/16/425..425j.md) of this title.


# §425f. Ascertaining and marking lines of battle


It shall be lawful for the authorities of any [State](/usc/16/6456.md?p=2) having had troops engaged in said battles of Fredericksburg, Spotsylvania Court House, [Wilderness](/usc/16/460mmm–1.md?p=6), and Chancellorsville, including Salem Church, or in any of said battles, to enter upon the lands and approaches of the Fredericksburg and Spotsylvania County Battle Fields [Memorial](/usc/16/450ss–1.md?p=2) for the purposes 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, including the design and inscription for the same, shall be submitted to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, and shall first receive written approval of the [Secretary](/usc/16/410r–5.md?p=c-1), which approval shall be based upon formal written reports to be made to him in each case by the [commissioners](/usc/16/3601.md?p=3) of the [park](/usc/16/410r–5.md?p=c-3): Provided, That no discrimination shall be made against any [State](/usc/16/6456.md?p=2) as to the manner of designing lines, but any grant made to any [State](/usc/16/6456.md?p=2) by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may be used by any other [State](/usc/16/6456.md?p=2).


# §425g. Protection of monuments, etc.


If any [person](/usc/16/450rr–1.md?p=b) shall, except by permission of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, 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 [park](/usc/16/410r–5.md?p=c-3) by lawful authority, or shall destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said [park](/usc/16/410r–5.md?p=c-3), or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, or shrubbery that may be growing upon said [park](/usc/16/410r–5.md?p=c-3), or shall cut down or fell or remove any timber, battle relic, tree or trees growing or being upon said [park](/usc/16/410r–5.md?p=c-3), or hunt within the limits of the [park](/usc/16/410r–5.md?p=c-3), 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](/usc/16/410r–5.md?p=c-3), any [person](/usc/16/450rr–1.md?p=b) so offending and found guilty thereof before any 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 justice, according to the aggravation of the offense, of not less than $5 nor more than $50, one-half for the use of the [park](/usc/16/410r–5.md?p=c-3) and the other half to the informer, to be enforced and recovered before such justice in like manner as debts of like nature were, on February 14, 1927, by law recoverable in the several [counties](/usc/16/544.md?p=d) where the offense may be committed.


# §425h. Rules and regulations


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, subject to the approval of the President, shall have the power to make and shall make all needful rules and regulations for the care of the [park](/usc/16/410r–5.md?p=c-3), and for the establishment and marking of lines of battle and other historical features of the [park](/usc/16/410r–5.md?p=c-3).


# §425i. Report of completion of acquisition of land and work of commission; superintendent of park


Upon completion of the [acquisition](/usc/16/620e.md?p=1) of the land and the work of the [commission](/usc/16/410cc–1.md?p=3), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall render a report thereon to Congress, and thereafter the [park](/usc/16/410r–5.md?p=c-3) shall be placed in charge of a superintendent at a salary to be fixed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and paid out of the appropriation available for the maintenance of the [park](/usc/16/410r–5.md?p=c-3).


# §425j. Authorization of appropriation


To enable the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to begin to carry out the provisions of [sections 425 to 425j](/usc/16/425..425j.md) of this title, including the condemnation, purchase, or lease of the necessary lands, surveys, [maps](/usc/16/430f–7.md?p=1), marking the boundaries of the [park](/usc/16/410r–5.md?p=c-3), opening, constructing, or repairing necessary roads, pay and expenses of [commissioners](/usc/16/3601.md?p=3), salaries for labor and services, traveling expenses, supplies and materials, the sum of $50,000 is authorized to be appropriated out of any money in the Treasury not otherwise appropriated, to remain available until expended, and such additional sums are authorized to be appropriated from time to time as may be necessary for the completion of the [project](/usc/16/410r–5.md?p=c-4) and for the proper maintenance of said [park](/usc/16/410r–5.md?p=c-3). All disbursements under said sections shall be annually reported by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to Congress.