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tion over such park vested in federal govern- Stat. sec. 7673 et seq.; Laws 1901, p. 192; ment and which, among other things, abol. Laws 1937, p. 525; 16 U. S. C. A., secs. 91, ished civil causes of actions for injuries cov-95, 457 ; 40 U. S. C. A., sec. 290). State v. ered by such act, so as to make such act Rainier Nat. Park Co. (Wash., 1937), 74 P. ineffective within the park (Rem. Comp. (2d) 464.
1038. National military parks; use for military maneuvers.—That in order to obtain practical benefits of great value to the country from the establishment of national military parks, said parks and their approaches are hereby declared to be national fields for military maneuvers for the Regular Army of the United States and the National Guard or militia of the States: Provided, That the said parks shall be opened for such purposes only in the discretion of the Secretary of War, and under such regulations as he may prescribe. Sec. 1, act of May 15, 1896 (29 Stat. 120); 16 U. S. C. 111.
That the Secretary of War is hereby authorized, within the limits of appropriations which may from time to time be available for such purpose, to assemble, at his discretion, in camp at such season of the year and for such period as he may designate, at such field of military maneuvers, such portions of the military forces of the United States as he may think best, to receive military instructions there. The Secretary of War is further authorized to make and publish regulations governing the assembling of the National Guard or militia of the several States upon the maneuvering grounds, and he may detail instructors from the Regular Army for such forces during their exercises. Sec. 2, act of May 15, 1896 (29 Stat. 121); 16 U. S. C. 412.
1039. National monuments; establishment.--That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. Sec. 2, act of June 8, 1906 (34 Stat. 225); 16 U. 8. C. 431,
Provisions for setting aside as the “Colonial National Monument" Jamestown Island, parts of the city of Williamsburg, and the Yorktown battlefield, all in the State of Virginia, was made by act of July 3, 1930 (46 Stat. 855), as amended by acts of March 3, 1931 (46 Stat. 1490); June 5, 1936 (49 Stat. 1483); and June 28, 1938 (52 Stat. 1208).
The national monuments under control of the War Department were transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior (designated the "National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department) by Executive Order No. 6166 of June 10, 1933, as interpreted by Executive Order No. 6228 of July 28, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended.
Fort Jefferson National Monument, Florida, was established by Presidential Proclamation No. 2112, January 4, 1935.
Land in the vicinity of Appomattox Court House, Virginia, acquired under act of June 18, 1930 (46 Stat. 777), was designated the "Appomattox Court House National Historical Monument" by act of August 13, 1935 (49 Stat. 613); no expenditures to be made thereon until title is acquired by the United States, by Interior Department Appropriation act of June 22, 1936 (49 Stat. 1794).
The estate of Patrick Henry, known as “Red Hill,” located in Charlotte County, Virginia, was designated the "Patrick Henry National Monument" by act of August 15, 1935 (49 Stat. 652).
The site of Fort Stanwix, New York, was designated "Fort Stanwix National Monument." by act of August 21, 1935 (49 Stat. 665).
Establishment of the "Ackia Battleground National Monument," in commemoration of the battle of Ackia, Mississippi, was authorized by act of August 27, 1935 (49 Stat. 897), and consummated by Proclamation No. 2307, October 25, 1938.
Establishment of "Andrew Johnson National Monument," at Greeneville, Tennessee, was authorized by act of August 29, 1935 (49 Stat, 958).
The establishment of The Homestead National Monument, in Gage County, Nebraska, was authorized by act of March 19, 1936 (49 Stat. 1184) to commemorate the hardships and pioneer life of early settlers iu the West.
The site of Fort Frederica, on St. Simon Island, Georgia, was set apart as a national monument by act of May 26, 1936 (49 Stat. 1373).
"Perry's Victory and International Peace Memorial National Monument," authorized by act of June 2, 1936 (49 Stat. 1393), on Put-in-Bay, Lake Erie, State of Ohio, was proclaimed and established by Proclamation No. 2182, July 6, 1936.
Extension of boundaries of the Fort Pulaski National Monument, State of Georgia, is authorized by act of June 26, 1936 (49 Stat. 1979).
Adjustment of boundaries of the Fort Marion National Monument, State of Florida, is authorized by act of June 29, 1936 (49 Stat. 2029).
Notes of Decisions
In general.-In exceptional cases, reserva- | Stat. 847, relating to national-forest reserves tions now generally classified as national and temporary withdrawals of public land, monuments bave been created directly by distinguished. (Sept. 26, 1938) 39 Op. Atty. the acts of Congress. (1929) 36 Op. Atty. Gen. No. 50. Gen. 75.
Transfer to National Park Service. It is Abolishment. The antiquities act of June not within Executive authority to transfer 8, 1906, 34 Stat. 225, authorizing the Presi- national monuments under administration of dent to establish national monuments, does War Department and Department of Agrinot authorize him to abolish them after culture to National Park Service in Departthey have been established. Acts of June 4, ment of the Interior. (1929) 36 Op. Atty. 1897, 30 Stat. 11, and June 25, 1910, 36 Gen. 75.
1040. National monuments; depredations.--That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. Sec. 1, act of June 8, 1906 (34 Stat. 225); 16 U.S. C. 433.
1041. National monuments; permits for investigation. That permits for the examination of ruins, the excavation of archæological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums. Sec. 3, act of June 8, 1906 (34 Stat. 225); 16 U. 8. C. 432.
That the secretaries of the departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this Act. Sec. 4, act of June 8, 1906 (34 Stat. 225); 16 0. 8. C. 432.
1042. Public works; advance planning.-(a) It is hereby declared to be the policy of Congress to arrange the construction of public works so far as praeticable in such manner as will assist in the stabilization of industry and employ. ment through the proper timing of such construction, and that to further this object there shall be advance planning, including preparation of detailed construction plans, of public works by the construction agencies and the board.
(b) Each head of a department or independent establishment having jurisdiction over one or more construction agencies shall direct each such construction agency to prepare a six-year advance plan with estimates showing projects allotted to each year. Such estimates shall show separately the estimated cost of land, the estimated cost of new construction, and the estimated annual cost of operation and of repairs and alterations.
(c) Each construction agency shall also prepare a program for prompt commencement and carrying out of an expanded program at any time. This program shall include organization plans. It shall also include the plans for the acquisition of sites and the preparation of advance detailed construction plans for not less than one year in advance, except where in the judgment of the board this would not be practicable.
(d) Such programs, plans, and estimates for the six-year period shall be submitted to the board and to the Director of the Bureau of the Budget. The Director of the Bureau of the Budget shall report to the President from time to time consolidated plans and estimates.
(e) Each construction agency shall keep its six-year plan up to date by an annual revision of the plans and estimates for the unexpired years and by annually extending the plan and estimates for an additional year. Sec. 8, act of Feb. 10, 1931 (46 Stat. 1086); 29 U. S. C. 489.
By section 2 (d) of the source act (29 U. S. C. 48a) the office of the Quartermaster General and the office of the Chief of Engineers are designated as the "construction agencies” of the War Department, and by section 3 (a) (29 U. S. C. 48b) the "Federal Employment Stabilization Board" is established.
The text of this section as published in the 1929 Edition, based on chapter 1, act of July 9, 1918 (40 Stat. 850), 40 U. S. C. 314, was repealed by the "Camp Taylor Proriso", 1002a, ante (J. A. G. 602.2, Aug. 10, 1931).
1043. Roads; repairs.--* Provided further, That no part of this sum (appropriation) shall be used for repairing any roadway not owned by the United States within the corporate limits of any city, town, or village. Act of Feb. 28, 1929 (45 Stat. 1375), making appropriations for the support of the War Department.
A similar provision has appeared in prior and subsequent appropriation acts.
1044. Roads; donation of lands for.--And the Secretary of War is hereby authorized to accept on behalf of the United States donations of land for road or other purposes. Sec. 1, act of Aug. 18, 1894 (28 Stat. 405); 16 U. 8. C. 417.
As this section, based on section 1, act of August 18, 1894 (28 Stat. 405), 16 U. S. C. 417, has been allowed to remain inactive and has been disregarded by Congress by special enactments authorizing acceptance of donations, it may not now be invoked (J. A. G. 601.1, June 27, 1935).
1044a. Jurisdiction over Conduit Road.-The Chief of Engineers of the War Department is authorized and empowered to enforce the following regulations of traffic for the protection of the Washington Aqueduct and Filtration Plant and their accessories, including Conduit Road : No vehicle shall, on the Conduit Road, exceed a speed of twenty miles per hour within the District of Columbia, and in the State of Maryland the speed laws of that State. No reckless or careless driving shall be permitted, and drivers of all vehicles shall conform to the generally accepted rules for the use of public roads as to passing to the right, signaling desire to pass, and so forth, and all vehicles using this road shall carry and display the lights specified by municipal regulations for vehicles within the District of Columbia, and all such lights shall be so dimmed or masked as to obviate any blinding effect upon travelers on the road, and any violation of the above regulations shall constitute an offense upon conviction for which the party or parties offending shall be punished by a fine of not less than $1 or more than $40:
Sec. 1, act of Sept. 1, 1916 (39 Stat. 693); 40 U. $. C. 53.
That jurisdiction and control over the Conduit Road for its full width in the District of Columbia between Foxhall Road and the District line, excepting a strip nineteen feet wide within the lines of said road, the center of which is coincident with the center of the water-supply conduit, is hereby transferred from the Secretary of War to the Commissioners of the District of Columbia, and property abutting thereon shall be subject to any and all lawful assessments which may be levied by the said commissioners for public improvements, the same as other private property in the District of Columbia : Provided, That all municipal laws and regulations shall apply to the entire width of the said road in the District of Columbia in the same degree that they apply to other streets and highways in the said District. Act of May 22, 1926 (44 Stat. 627); 40 U.S.O. 53a.
A proviso added to the act of Sept. 1, 1916, provides for prosecutions for violation of said regulations in the District of Columbia or Maryland.
By act of Feb. 28, 1929 (45 Stat. 1380), the Chief of Engineers, U. S. Army, is directed to make an examination of Conduit Road from the District of Columbia line to Great Falls, Md., and of Cabin John Bridge, with a view to widening and improving same. 1045. Roads; jurisdiction not affected by Federal highway act.-*
The powers and duties of agencies dealing with highways in the national parks or in military or naval reservations under the control of the United States Army or Navy, or with highways used principally for military or naval purposes, shall not be taken over by the Secretary of Agriculture, but such highways shall remain under the control and jurisdiction of such agencies. Sec. 3, act of Nov. 9, 1921 (42 Stat. 212); 23 U. S. C. 3.
This is a provision of the Federal highway act.
For conveyance to the States of approach roads to national cemeteries and national military parks, see 1048, post.
1045a. Roads; rights-of-way for telegraph lines.-Any telegraph company now organized, or which may hereafter be organized, under the laws of any State, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States; over and along any of the military or post roads of the United States which have been or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters or interfere with the ordinary travel on such military or post roads. R. S. 5263; 47 U. 8. C. 1.
The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July twenty-fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under this title, at an appraisal value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the Postmaster General of the United States, two by the company interested, and one by the four so previously selected. R. 8. 5267; 47 U.S. C. 4. 1046. Roads to national cemeteries; maintenance.
for repairs to roadways but not to more than a single approach road to any national cemetery constructed under special act of Congress : * * Title II, act of Feb. 23, 1931 (46 Stat. 1302), making appropriations for the support of the War Depart. ment; 24 U. 8. C. 288.
The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, p. 279) that this section, based on act of February 28, 1929 (45 Stat. 1375), making appropriations for the support of the War Department, as modified above and repeated in subsequent appropriation acts, 24 U.S.C. 288, be omitted from the Code as temporary.
1047. Roads to national cemeteries; railroads excluded.-* Provided, That no railroad shall be permitted upon the [any) right-of-way which may have been acquired by the United States [leading] to a national cemetery, or to encroach upon any roads or walks constructed thereon and maintained by the United States :
Act of Feb. 28, 1929 ( 45 Stat. 1375), making appropriations for the support of the War Department; 24 U. S. C. 290.
The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G, 010.3, November 12, 1929, p. 280) that this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1375), and subsequent appropriation acts, 24 U. S. C. 290, be omitted from the Code as temporary.
1048. Roads to National cemeteries; conveyance to States, counties, and munici. palities. The Secretary of War is authorized to convey to any State, county, municipality, or proper agency thereof, in which the same is located, all the right, title, and interest of the United States in and to any Government owned or controlled approach road in any national cemetery: Provided, That prior to the delivery of any instrument of conveyance hereunder, the State, county, municipality, or agency to which the conveyance herein authorized is to be made, shall notify the Secretary of War in writing of its willingness to accept and maintain the road included in such conveyance: Provided further, That upon the execution and delivery of any conveyance herein authorized, the jurisdiction of the United States of America over the road conveyed, shall cease and determine and shall thereafter vest in the State in which said road is located. Sec. 1, War Depart. ment civil appropriation act of June 11, 1938 (52 Stat. 668); 24 U. S. C. 289.
Improvement and paving of roads in and leading to Chickamauga and Chattanooga National Military Park, on condition that the States of Georgia and Tennessee agree to take over and maintain same, have been authorized as follows:
Road from St. Elmo, Tenn., to Rossville, Ga., by act of April 16, 1928 (45 Stat. 430).
(46 Stat. 1608), making appropriations for deficiencies. The text of this section as published in the 1929 Edition, based on act of March 3, 1925 (43 Stat. 1104), 16 U. S. C. 418, 24 U. S. C. 289, was repealed by the "Camp Taylor Proviso," 1002a, ante (J. A. G. 611, Dec. 3, 1931).
This provision has been repeated in subsequent appropriation acts.
1049. Roads and trails in Alaska; board of road commissioners.—That from and after the passage of this Act the duties authorized and authority conferred by law upon the board of road commissioners in the Territory of Alaska, and upon the Secretary of War, as provided for in the Act of January 27, 1903 (ch. 277. sec. 2, 33 Stat. 616), as amended by the Act of May 14, 1906 (ch. 2458, sec. 2, 34 Stat. 192), and Acts supplemental thereto, and amendatory thereof, are hereby transferred to the Department of the Interior, and shall hereafter be admin