VI. LEGISLATION RELATING TO NATIONAL MEMORIAL PARK 1. Spanish War Memorial Park project Page Establishment of park authorized.......................Act of August 20, 1935 127 An Act To provide for the creation of a memorial park at War Memorial Fla.; establish Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when title to such lands located on Davis Island in the The Spanish city of Tampa, Florida, as shall be designated by the Secre- Park, Tampa, tary of the Interior, in the exercise of his judgment and discretion as necessary and suitable for the purpose, shall have been vested in the United States, said area shall be set apart as The Spanish War Memorial Park, for the benefit and inspiration of the people: Provided, That said lands ment. shall be donated without cost to the United States by the No Federal cost. city of Tampa, Florida, and the Secretary of the Interior is authorized to accept such conveyance of lands. (16 U.S.C. sec. 430y.) monument. SEC. 2. That there is hereby authorized to be located and Erection of constructed within said memorial park a suitable monument or memorial to commemorate the patriotic services of the American forces in the War with Spain. The cost of estab- Cost. lishing such monument or memorial, of constructing suitable side walks and approaches, and of landscaping such site, may be paid from any fund or moneys available for such purpose, except from the general fund of the Treasury; and the Secretary is for that purpose further authorized and empowered to determine upon a suitable location, plan, and Location, design. design for said monument or memorial, by and with the advice of the National Commission of Fine Arts. (16 U.S.C. sec. 430z.) SEC. 3. In the discharge of his duties hereunder, the Sec- Expert services. retary of the Interior, through the National Park Service, is authorized to employ, in his discretion, by contract or otherwise, landscape architects, architects, artists, engineers, and/or other expert consultants in accordance with the usual customs of the several professions without reference to civil-service requirements or to the Classification Act of 1923, as amended, and that expenditures for such employment shall be construed to be included in any appropriations hereafter authorized for any work under the objectives of this Act. (16 U.S.C. sec. 430z-1.) Other memorials permitted. Approval required. Supervision, etc. SEC. 4. The Secretary of the Interior is further authorized, by and with the advice of the National Commission of Fine Arts, to authorize and permit the erection in said memorial park of suitable memorials in harmony with the monument and/or memorial herein authorized that may be desired to be constructed by Spanish War organizations, States, and/or foreign governments: Provided, That the design and location of such memorials must be approved by the Secretary of the Interior, by and with the advice of the National Commission of Fine Arts, before construction is undertaken. (16 U.S.C. sec. 430z-2.) SEC. 5. The administration, protection, and development of the aforesaid Spanish War Memorial Park, including any and all memorials that may hereafter be erected thereon, shall be exercised under the direction of the Secretary of the Interior by the National Park Service. (16 U.S.C. sec. 430z-3.) Acquisition of property authorized........ Page ....Act of May 14, 1940 129 An Act To authorize the Secretary of the Interior to acquire Be it enacted by the Senate and House of Representatives field site, Md. Acquisition of lands, property, Antietam Battle etc., for. Condemnation proceedings authorized. 40 U.S.C. secs. 257, 258. Proviso. Payment from donated funds. Establishment of area authorized............. Battle of Eutaw lands on site of, for battlefieldsite purposes. Page ...........Act of June 26, 1936 130 An Act To provide for the commemoration of the Battle of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That for the purpose of commemorating the battle which occurred at Eutaw Springs, in the State of South Carolina, during the Revolutionary War, when title to such lands on the site of the Battle of Eutaw Springs as may be designated by the Secretary of the Interior in the exercise of his discretion as necessary or desirable for battlefield-site purposes, shall be vested in the United States, said area shall be set apart as a battlefield site for the benefit and inspiraName designated. tion of the people and shall be called the Eutaw Springs Battlefield Site. (16 U.S.C. sec. 423m.) Acceptance of land, etc.. donations. Purchases from donated funds. Condemnation. Administration. etc., by National Park Service. SEC. 2. That the Secretary of the Interior be, and he is hereby, authorized to accept donations of land, interests in land, and/or buildings, structures, and other property within the boundaries of the said battlefield site as determined and fixed hereunder, and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States out of any donated funds, either by purchase at prices deemed by him reasonable, or by condemnation under the provisions of the Act of August 1, 1888, such tracts of land on the said battlefield site as may be necessary for the completion thereof. (16 U.S.C. sec. 423n.) SEC. 3. The administration, protection, and development of the aforesaid battlefield site 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", as amended. (16 U.S.C. sec. 4230.) VIII. LEGISLATION RELATING TO NATIONAL HISTORIC SITES 1. Home of Franklin D. Roosevelt National Historic Site1 Authorizing acceptance by Federal Government of title to any part of Excerpt from "Joint Resolution To provide for the establish- TITLE III-FRANKLIN D. ROOSEVELT RESI- Page parts of Hyde 131 Acceptance of Park estate of donor for use ject to life designated, sub estate, etc. SEC. 301. The head of any executive department, pursuant to agreement between him and the donor, may accept for and in the name of the United States from the donor, or from such person or persons as shall be empowered to act for the donor, title to any part or parts of the said Hyde Park estate of the donor and his family which shall be donated to the United States for use in connection with any designated function of the Government administered in such department. The title to any such property may be accepted under this section notwithstanding that it may be subject to the life estate of the donor or of any other person or persons now living: Provided, That during the continuance of any life estate reserved therein no expense to the United States in connection with the ordinary maintenance of the property so acquired shall be incurred: Provided further, That the acceptance hereunder by the United States of the title to property in which any life estate is reserved shall not during the existence of such life estate exempt the property, except to the extent provided in sec- Local and tion 304 of this title, from taxation by the town of Hyde Park, Dutchess County, or the State of New York as other real property in the said town, county, or State is taxed under the applicable laws relating to taxation of real prop erty. SEC. 302. Upon the expiration of all life estates reserved in any property acquired under this title for use in connection with a designated function of the Government, or, if no life estate is reserved, immediately upon the acceptance of title thereto, the head of the department administering the said function shall assume jurisdiction and control over the property so acquired and administer it for the purpose designated, subject to the applicable provisions of law. 1 So designated on Jan. 15, 1944 (9 Fed. Reg. 977). No Federal exDense during life estate re continuance of served therein. State taxes. Jurisdiction and piration of all life estates control upon ex reserved. |