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III. LEGISLATION RELATING TO THE NATIONAL
HISTORICAL PARKS

1. Abraham Lincoln National Historical Park

Name changed, "Abraham Lincoln National Historical Park" substituted for "Abraham Lincoln National Park"..Act of August 11, 1939

An Act To change the designations of the Abraham Lincoln
National Park, in the State of Kentucky, and the Fort
McHenry National Park, in the State of Maryland, ap-
proved August 11, 1939 (53 Stat. 1405)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Abraham Lincoln National Park, in the State of Kentucky, authorized by the Act of July 17, 1916 (39 Stat. 385), and the Fort McHenry National Park, in the State of Maryland, authorized by the Act of March 3, 1925 (43 Stat. 1109), shall hereafter be called and known as the "Abraham Lincoln National Historical Park", and the "Fort McHenry National Monument and Historic Shrine," respectively, and all moneys heretofore or hereafter appropriated for these areas under previous designations may be used in these areas as redesignated. (16 U.S.C. secs. 214, 215, 217.)

Abraham

Page

103

Lincoln National

Park, Ky., and
Fort McHenry
Park, Md.
16 U. S. C. secs.

National

211-214, 437-440.

Designations

changed.

Establishment of park................................

Chalmette

National Historical Park, La.

Page

.Act of August 10, 1939 104

An Act To provide for the establishment of the Chalmette National Historical Park in the State of Louisiana, and for other purposes, approved August 10, 1939 (53 Stat. 1342) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the lands in Federal ownership located in Chalmette, Louisiana, in sections 10 and 21, township 13 south, range Establishment of. 12 east, Saint Helena meridian, on which there has been erected a monument pursuant to the provisions of the Act of Congress approved March 4, 1907 (34 Stat. 1411), as amended by the Act of June 2, 1930 (46 Stat. 489), to the memory of the soldiers who fell in the Battle of New Orleans in the War of 1812, including the national cemetery at Chalmette, Louisiana, are hereby designated as the Chalmette National Historical Park. (16 U.S.C. sec. 231.)

16 U.S.C. sec. 450a.

Additional lands.

Proviso.
Limitation.

Acquisition of

within park.

40 U.S.C.
secs. 257, 258.

SEC. 2. That upon the vesting of title in the United States. to such additional lands as may be designated by the Secretary of the Interior as necessary and desirable for the purposes of the Chalmette National Historical Park, such lands shall become a part of the said park and shall be subject to all laws, rules, and regulations applicable thereto : Provided, however, That the total area included within the said park and any enlargement thereof shall not exceed five hundred acres. (16 U.S.C. sec. 231a.)

SEC. 3. That the Secretary of the Interior is authorized, property located in his discretion, to acquire in behalf of the United States, through donations or by purchase at prices deemed by him reasonable, or by condemnation in accordance with the Act of August 1, 1888 (25 Stat. 357), lands, buildings, structures, and other property, or interests therein, located within the boundaries of the Chalmette National Park as fixed and determined hereunder, the title to such property and interests to be satisfactory to the Secretary of the Interior, and to accept donations of funds for the acquisition and maintenance thereof: Provided, That payment for such property or interests shall be made solely from donated funds. (16 U.S.C. sec. 231b.)

Proviso.

Payment from donated funds.

Administration.

39 Stat. 535. 16 U.S.C. secs. 1-4.

Inconsistent

laws repealed.

SEC. 4. The administration, protection, and development of the aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes." (16 U.S.C. sec. 231c.)

SEC. 5. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency. (16 U.S.C. sec. 231d.)

3. Colonial National Historical Park'

Additions authorized, monument redesignated as "Colonial National
Historical Park"..
..Act of June 5, 1936
Cape Henry Memorial site in Fort Story, Va., transfer and addition to
park authorized........
..Joint Resolution of June 15, 1938
Boundaries revised, acquisitions for rounding out boundaries authorized
....Act of June 28, 1938
Transfer of park land to Navy Department authorized.........
..........Act of December 24, 1942

An Act To provide for the addition or additions of certain lands to the Colonial National Monument in the State of Virginia, approved June 5, 1936 (49 Stat. 1483)

Colonial

Page

105

105

106

107

Monument. Va.

Lands, etc..

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, National authorized, in his discretion, to acquire by purchase and/or accept by donation, in behalf of the United States, such lands, easements, and buildings comprising the former Governor Berkeley's mansion and homestead in James City County and Carter's Grove mansion and homestead in the same county, and the Rosewell mansion and homestead in Gloucester County as are desirable for the proper rounding out of the boundaries and for the administrative control of the Colonial National Monument, and such lands as are necessary for parkways, not to exceed five hundred feet Parkways. wide, to connect said mansions to the said Colonial National Monument, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That the said acquisition of lands and/or improvements shall be made only from such funds as may be appropriated Limitation on pursuant to the authorization of the Act of March 3, 1931 (46 Stat. 1490). (16 U.S.C. sec. 81c.)

SEC. 2. That the area now within the Colonial National Monument, together with such additions as may hereafter be made thereto, pursuant to section 1 hereof, shall be known as the "Colonial National Historical Park", under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for the Colonial National Monument. (16 U.S.C. secs. 81, 81a, 81c, 81e, 81f, 81g, 81h.)

SEC. 3. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency.

Joint Resolution To provide for the transfer of the Cape Henry Memorial site in Fort Story, Virginia, to the Department of the Interior, approved June 15, 1938 (52 Stat. 695) Whereas the Colonial National Historical Park (formerly the Colonial National Monument) established under the

1 See proclamation No. 2055 of August 22, 1933 (48 Stat. 1706), adding certain lands to the area pursuant to Act of July 3, 1930 (46 Stat. 855),

expenditures.

To be known
hereafter as
"Colonial Na-
Park.""

tional Historical

Memorial,
Fort Story, Va.

Cape Henry

Preamble.

46 Stat. 855.

Transfer of

proposed site to

Interior.

Act of Congress approved July 3, 1930, includes Jamestown, Yorktown, and Williamsburg; and

Whereas the Jamestown colonists who established the first permanent English settlement in America first landed and set up a cross on April 26, 1607, at the First Landing Dune in Fort Story, Cape Henry, Virginia, which is now a shrine marked by a cross memorial: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is authorized in his discretion, Secretary of the subject to such terms and conditions as he may deem essential for the protection of military interests, to transfer to the Secretary of the Interior such part of the Fort Story Military Reservation, Cape Henry, Virginia, as the Secretary of War may select, but not to exceed an area of one hundred feet square, as a proposed site for the Cape Henry Memorial (First Landing Dune), including the site on which the Daughters of the American Colonies have heretofore erected a monument under authority of the War Department. The Secretary of the Interior, through the NaJurisdiction, etc. tional Park Service, shall exercise jurisdiction over and

39 Stat. 535.

maintain such site and memorial as a part of the Colonial National Historical Park, under the provisions of the Act establishing the National Park Service, approved August 25, 1916, as amended and supplemented: Provided, That the use of any property transferred under the provisions of this Act shall be subject to the paramount needs of national ferred property. defense.

16 U.S.C. ch. 1.

Use of trans

Colonial
National
Historical
Park, Va.

Parkway changes.

Maximum width. Condemnation proceedings;

restriction.

An Act To revise the boundaries of the Colonial National Historical Park in the State of Virginia, and for other purposes, approved June 28, 1938 (52 Stat. 1208)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to all the laws and regulations applicable to the Colonial National Historical Park, the boundaries of said historical park as established by the Act of June 5, 1936 (49 Stat. 1483), and as defined by Presidential Proclamation Numbered 2055, dated August 22, 1933 (48 Stat. 1706), are hereby revised by the elimination of the parkway area described in said proclamation as running north and west of the city of Williamsburg to Jamestown Island, and the substitution therefor of a parkway area running southerly through or around the city of Williamsburg, thence continuing south of said city to the James River and thence along said river and connecting waters to Jamestown Island, the exact location of which shall be determined by the Secretary of the Interior: Provided, That said parkway area shall not exceed an average of five hundred feet in width outside the city of Williamsburg: And provided further, That condemnation proceedings shall not be had, exercised, or resorted to as to any lands in the city of Williamsburg except such lands as may be required for a

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