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16 U.S.C. §§ 437–440

4 sections in range

§437. Fort McHenry; restoration and preservation

16 U.S.C. § 437

The Secretary of the Interior is authorized and directed to begin the restoration of Fort McHenry, in the State of Maryland, including the restoration of the old Fort McHenry proper to such a condition as would make it suitable for preservation permanently as a national monument and perpetual national memorial shrine as the birthplace of the immortal “Star-Spangled Banner” written by Francis Scott Key, and he is further authorized and directed, as are his successors, to hold the said Fort McHenry in perpetuity as a military reservation, national monument and historic shrine, and to maintain it as such, except that part mentioned in section 439 of this title, and that part in use on March 3, 1925, by the Department of Commerce for a light and fog-signal station under revocable license from the Interior Department with the maintenance of the electric lines thereto and such portion of the reservation, including improvement, as may be reserved by the Secretary of the Army for the use of the Chief of Engineers, the said reservation to be maintained as a national public monument, subject to such regulations as may from time to time be issued by the Secretary of the Interior.
Notes, amendments, and revision history

(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; Aug. 11, 1939, ch. 686, 53 Stat. 1405; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Editorial Notes

Codification

This section and sections 438 to 440 of this title were derived from act Mar. 3, 1925, which was entitled “An act to repeal and reenact chapter 100, 1914, Public, Numbered 108, to provide for the restoration of Fort McHenry, in the State of Maryland, and its permanent preservation as a national park and perpetual national memorial shrine as the birthplace of the immortal ‘Star-Spangled Banner,’ written by Francis Scott Key, for the appropriation of the necessary funds, and for other purposes.” The enacting clause reads as follows: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an Act authorizing the Secretary of War to grant the use of the Fort McHenry Military Reservation in the State of Maryland to the mayor and city council of Baltimore, a municipal corporation of the State of Maryland, making certain provisions in connection therewith, providing access to and from the site of the new immigration station heretofore set aside be, and hereby is, repealed and reenacted to read as follows:”.

As reenacted in 1925 this section recites that Fort McHenry is “now” occupied and used as a military reservation and authorized the restoration “so soon as it may no longer be needed for uses and needs growing out of the late war.” The foregoing provisions have been omitted as temporary.

The words of this section “on March 3, 1925” refer to the date of passage of the Act.

Statutory Notes and Related Subsidiaries

Change of Name

“National monument and historic shrine” substituted in text for “national park, and memorial” in view of redesignation of Fort McHenry National Park as Fort McHenry National Monument and Historic Shrine by act Aug. 11, 1939, classified to section 440a of this title.

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

Designation of Paul S. Sarbanes Visitor and Education Center

Pub. L. 118–175, § 1, Dec. 23, 2024, 138 Stat. 2604, provided that: Designation.—The visitor and education center at Fort McHenry National Monument and Historic Shrine, currently located at 2400 E Fort Ave, Baltimore, MD 21230, is designated as the ‘Paul S. Sarbanes Visitor and Education Center’. References.—Any reference in a law, map, regulation, document, paper, or other document of the United States to the visitor center designated by subsection (a) shall be deemed to be a reference to the Paul S. Sarbanes Visitor and Education Center.”

Termination of War and Emergencies

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of these sections, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

Executive Documents

Transfer of Functions

Administrative functions of Fort McHenry National Park transferred to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out as notes under section 901 of Title 5, Government Organization and Employees.

National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.

§438. Repairs and improvements; how made

16 U.S.C. § 438

Any and all repairs, improvements, changes, and alterations in the grounds, buildings, and other appurtenances to the reservation shall be made only according to detailed plans which shall be approved by the Secretary of the Interior, and all such repairs, improvements, or alterations shall be made at the expense of the United States, and all such improvements, together with the reservation itself, shall become and remain permanently the property of the United States.
Notes, amendments, and revision history

(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.)

Editorial Notes

Codification

This section and sections 437, 439, and 440 of this title were derived from act Mar. 3, 1925. See Codification note set out under section 437 of this title.

Statutory Notes and Related Subsidiaries

Termination of War and Emergencies

Termination of state of war and national emergencies, see note set out under section 437 of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 437 of this title.

§439. Land for use of Secretary of the Treasury

16 U.S.C. § 439

Permission is granted the Secretary of the Treasury to use permanently a strip of land sixty feet wide belonging to said fort grounds, beginning at the north corner of the grounds of the fort and extending south sixty-three degrees thirty minutes east, six hundred and eighty feet to the south corner of the site set aside for the immigration station at Baltimore, said strip of land being located along the northwest boundary of the land ceded to the Baltimore Dry Dock Company and the land of the said immigration station, the same to be used, if so desired, in lieu of acquiring, by purchase or condemnation, any of the lands of the dry dock company so that the Secretary of the Treasury may, in connection with land acquired from the Baltimore and Ohio Railroad Company, have access to and from said immigration station and grounds over the right-of-way so acquired to the city streets and railroads beyond, the Secretary of the Treasury to have the same power to construct, contract for, and arrange for railroad and other facilities upon said outlet as fully as provided in the Act approved March 4, 1913, chapter 147, Thirty-seventh Statutes 889, setting aside a site for an immigration station and providing for an outlet therefrom, but the Interior Department shall have equal use of the railroad track and other roads so constructed, over which to reach the city streets and railroads beyond from the other part of the fort grounds.
Notes, amendments, and revision history

(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; June 5, 1936, ch. 528, 49 Stat. 1484.)

Editorial Notes

References in Text

The Act approved March 4, 1913, chapter 147, Thirty-seventh Statutes 889, referred to in text, was a building authorization statute. The portion of the Act covering the Fort McHenry work was section 29, which section was not classified to the Code.

Codification

This section and sections 437, 438, and 440 of this title were derived from act Mar. 3, 1925. See Codification note set out under section 437 of this title.

Amendments

1936—Act June 5, 1936, substituted “six hundred and eighty feet” for “six hundred and fifty feet”.

Statutory Notes and Related Subsidiaries

Termination of War and Emergencies

Termination of state of war and national emergencies, see note set out under section 437 of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 437 of this title.

§440. Closure in times of national emergency

16 U.S.C. § 440

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.
Notes, amendments, and revision history

(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.)

Editorial Notes

Codification

A proviso at the close of act Mar. 3, 1925, authorizing the disposal of the useless temporary buildings constructed during the World War and appropriating a sum from the proceeds thereof for the purposes of the act has been omitted as temporary and executed.

This section and sections 437 to 439 of this title were derived from act Mar. 3, 1925. See Codification note set out under section 437 of this title.

Statutory Notes and Related Subsidiaries

Termination of War and Emergencies

Termination of state of war and national emergencies, see note set out under section 437 of this title.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 437 of this title.