Chapter 127. To establish a national military park at and near Fredericksburg, Virginia, and to mark and preserve historical points connected with the battles of Fredericksburg, Spotsylvania Court House, Wilderness, and Chancellorsville, including Salem Church, Virginia
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CHAP. 127.— An Act To establish a national military park at and near Fredericksburg, Virginia, and to mark and preserve historical points connected with the battles of Fredericksburg, Spotsylvania Court House, Wilderness, and Chancellorsville, including Salem Church, Virginia.February 14, 1927.[[[H. R. 9045](/us/bill/69/hr/9045).][Public, No. 609](/us/pl/69/609).] *Be it it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Fredericksburg and Spotsylvania County Battle Fields Memorial, Va,Established as a national military park when title to land, etc., acquired.
That in order to commemorate the Civil War battles of Fredericksburg, Spotsylvania Court House, Wilderness, and Chancellorsville, including Salem Church, all located at or near Fredericksburg, Virginia, and to mark and preserve for historical purposes the breastworks, earth-works, 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 hereby declared to be a national military park to be known as the Fredericksburg and Spotsylvania County Battle Fields Memorial whenever the 1092title 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 of Description of plan.Vol. 43, p.646.the plan indicated on the index map sheet filed with the report of the Battle Yield Commission 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 sheet being referred to in said report, and particularly in the “Combined Plan—Antietam system,” described in said report, the first of the plans mentioned in said report under the heading “Combined Plan— Antietam system” being the plan which is hereby adopted, the said land herein authorized to be acquired being such land as the Secretary of War may deem necessary to establish a park on the combined plan, Antietam system, above referred to, the particular boundaries of such land to be fixed by surveys made previous to the Authority to acquire land, etc.attempt to acquire the same, and authority is hereby given to the Secretary of War to acquire for the purposes of this Act 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 of War may deem necessary, whether shown on said index map sheet or not, and together also with such additional land as the Secretary of War may deem necessary for monuments, markers, tablets, roads, highways, paths, approaches, and to carry out the general purposes of this Act.
As title is acquired to parts of the land herein authorized to be acquired, the Secretary of War may proceed with the establishment of the park upon such portions so acquired, and the remaining portions of the lands desired shall be respectively brought within said park as titles to said portions are severally acquired. Sec. 2. Condemnation proceedings to acquire land.Vol. 25, p. 357.The Secretary of War is hereby authorized to cause condemnation proceedings to be instituted in the name of the United States under the provisions of the Act of August 1, 1888, entitled “An Act to authorize condemnation of lands for sites for public buildings, and for other purposes” (Twenty-fifth Statutes at Large, page 357) j to acquire title to the lands, interests therein, or rights pertaining thereto within the said Fredericksburg and Spotsylvania County Battle Fields Memorial, herein above authorized to be acquired, 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 *Proviso*.Purchases from owners.the owner of such lands, interests therein, or rights pertaining thereto shall fix a price for the same, which in the opinion of the commission, hereinafter referred to, and the Secretary of War, shall be reasonable, the Secretary may purchase the same without further Acceptance of donations.delay: *Provided further*, That the Secretary of War is hereby 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 Payment to await approval of title.Memorial: *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.
Sec. 3. Leases with owners for lands unnecessary to purchase.The Secretary of War is hereby authorized to enter into leases with the owners of such of the lands, works, defenses, and buildings thereon within the said Fredericksburg and Spotsylvania County Battle Fields Memorial, as in his discretion it is unnecessary to forthwith acquire title to. and such leases shall be on such terms and conditions as the Secretary of War may prescribe, and may contain options to purchase, subject to later acceptance if in the judgment of the Secretary of War it is as economical to purchase as 1093condemn title to the property: *Provided*, That the Secretary of War*Provisos*.Cultivation, etc., of holdings. may enter into agreements upon such nominal terms as he may prescribe, permitting the present owners or their tenants to occupy or cultivate their present holdings, upon condition that they willCondition. preserve the present breastworks, earthworks, walls, defenses, shelters, buildings, and roads, and the present outlines of the battle fields, and that, they will only cut trees or underbrush or disturb or remove the soil, under such regulations as the Secretary of War 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 shallProceeds from leases of acquired lands. have been acquired by the United States, the proceeds from such agreements shall be applied by the Secretary of War toward the maintenance of the park.
Sec. 4. The affairs of the said Fredericksburg and SpotsylvaniaCommission to have charge of a flairs of park. County Battle Fields Memorial shall, subject to the supervision and direction of the Secretary of War. be in charge of three commissioners, consisting of Army officers, civilians, or both, to be appointed by the Secretary of War, one of whom shall be designated as chair-man and another as secretary of the commission. Sec. 5. It shall be the duty of the commissioners, under the directionDuties prescribed. of the Secretary of War, to survey, locate, and preserve 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, to ascertain and mark with historical monuments, markers, tablets, or otherwise, as the Secretary of War 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 or in its vicinity, and to establish and construct such observation towers as the Secretary of War may deem necessary for said park, and the said commission in establishing the park shall have authority, under the direction of the Secretary of War, to employ such labor and services at rates to be fixed by the Secretary of War, and to obtain such supplies and materials as may be necessary to carry out the provisions of this Act.
Sec. 6. The commission, acting through the Secretary of War, isAcceptance of gifts, etc., authorized. authorized to receive gifts and contributions from States, Territories. societies, organizations, and individuals for the said Fredericksburg and Spotsylvania County Battle Fields Memorial: *Provided*,*Proviso*.Moneys to be deposited to credit of special fund. That all contributions of money received shall be deposited in the Treasury of the United States and credited to a fund to be designated “Fredericksburg and Spotsylvania County Battle Fields Memorial fund,” which fund shall be applied to and expended under the direction of the Secretary of War for carrying out the provisions of this Act.
Sec. 7. It shall be lawful for the authorities of any State havingStates may mark lines of battle of their troops. had troops engaged in said battles of Fredericksburg, Spotsylvania Court House, Wilderness, 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 for the purposes of ascertaining and marking the lines of battle of troops engaged therein: *Provided*, That before*Provisos*.Approval of marking, etc., by the Secretary of War. 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 of War, and shall first receive written approval of the Secretary, which approval shall be based 1094No discrimination in designating lines.upon formal written reports to be made to him in each case by the commissioners of the park: *Provided*, That no discrimination shall be made against any State as to the manner of designing lines, but any grant made to any State by the Secretary of War may be used by any other State.
Sec. 8. Penalty for destroying, injuring, etc., property.If any person shall, except by permission of the Secretary of War, destroy, mutilate, deface, injure, or remove any monument, column, statue, memorial structure, or work of art that shall be erected or placed upon the grounds of the park by lawful authority, or shall destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said park, 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, or shad cut down or fell or remove any timber, battle relic, tree or trees growing or being upon said park, or hunt within the limits of the park, 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, any person 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, Recovery.one-half for the use of the park and the other half to the informer, to be enforced and recovered before such justice in like manner as debts of like nature are now by law recoverable in the several counties where the offense may be committed.
Sec. 9. Rules, etc., to be prescribed.The Secretary of War, 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, and for the establishment and marking of lines of battle and other historical features of the park. Sec. 10. Report to Congress on acquisition of land.Upon completion of the acquisition of the land and the work of the commission, the Secretary of War shall render a report thereon to Congress, and thereafter the park shall be placed in Superintendent to be appointed.charge of a superintendent at a salary to be fixed by the Secretary of War and paid out of the appropriation available for the maintenance of the park.
Sec. 11. Authorization for expenses.To enable the Secretary of War to begin to carry out the provisions of this Act, including the condemnation, purchase, or lease of the necessary lands, surveys, maps, marking the boundaries of the park, opening, constructing, or repairing necessary roads, pay and expenses of commissioners, salaries for labor and services, traveling expenses, supplies and materials, the sum of $50,000 is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, to remain available until expended, and such additional sums are hereby authorized to be appropriated from time to time as may be necessary for the completion of the project and for the proper maintenance of said park.
All disbursements under this Act shall be annually reported by the Secretary of War to Congress. Approved, February 14, 1927.