CHAPTER 1033—NATIONAL MILITARY PARKS
103301.
Military maneuvers.
103302.
Camps for military instruction.
103303.
Performance of duties of commissions.
103304.
Recovery of land withheld.
103305.
Travel expenses incident to study of battlefields.
§103301. Military maneuvers
To obtain practical benefits of great value to the country from the establishment of national military parks, the parks and their approaches are declared to be national fields for military maneuvers for the Regular Army or Regular Air Force and the National Guard or militia of the States. National military parks shall be opened for those purposes only in the discretion of the Secretary, and under such regulations as the Secretary may prescribe.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
The words "or Regular Air Force" are added for consistency with section 103302 of the new title.
§103302. Camps for military instruction
(a) Assembling of Forces and Detailing of Instructors.—The Secretary of the Army or Secretary of the Air Force, within the limits of appropriations that may be available for that purpose, may assemble in camp at such season of the year and for such period as the Secretary of the Army or Secretary of the Air Force may designate, at the field of military maneuvers, such portions of the military forces of the United States as the Secretary of the Army or Secretary of the Air Force may think best, to receive military instruction there. The Secretary of the Army of Secretary of the Air Force may detail instructors from the Regular Army or Regular Air Force, respectively, for those forces during their exercises.
(b) Regulations.—The Secretary of the Army or Secretary of the Air Force may prescribe regulations governing the assembling of the National Guard or militia of the States on the maneuvering grounds.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
In this section, the words "or Secretary of the Air Force" and "or Regular Air Force" are added because certain functions, personnel, and property, insofar as they pertain to the Air Force, were transferred from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force by Secretary of Defense Transfer Order Nos. 1, September 26, 1947; 10, April 27, 1948; and 40 [App. B(65)], July 22, 1949.
In subsection (b), the words "and publish" are omitted because of 44 U.S.C. 1505.
§103303. Performance of duties of commissions
The duties of commissions in charge of national military parks shall be performed under the direction of the Secretary.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
Section 103303 is substituted for 16 U.S.C. 421 to eliminate obsolete words because there no longer are park commissioners for the national military parks. The references to the Secretary of the Army are changed to the Secretary the Interior because the administrative functions of certain national military parks were transferred to the Department of the Interior by section 2 of Executive Order No. 6166, June 10, 1933, and section 1 of Executive Order No. 6228, July 28, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. References to the National Park Service were substituted for references to the Office of National Parks, Buildings, and Reservations in section 2 of Executive Order No. 6166 because of the last paragraph under the heading "OFFICE OF NATIONAL PARKS, BUILDINGS, AND RESERVATIONS" in section 1 of the Act of March 2, 1934 (ch. 38, 48 Stat. 389).
§103304. Recovery of land withheld
(a) Civil Action.—The United States may bring a civil action in the courts of the United States against a person to whom land lying within a national military park has been leased that refuses to give up possession of the land to the United States after the termination of the lease, and after possession has been demanded for the United States by the park superintendent, or against a person retaining possession of land lying within the boundary of a national military park that the person has sold to the United States for park purposes and received payment therefor, after possession of the land has been demanded for the United States by the park superintendent, to recover possession of the land withheld. The civil action shall be brought according to the statutes of the State in which the national military park is situated.
(b) Trespass.—A person described in subsection (a) shall be guilty of trespass.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
In subsection (a) the words "any park commissioner" are omitted as obsolete. See section 103303 of the new title. The words "or code of practice" are omitted as obsolete because of the Federal Rules of Civil Procedure (28 U.S.C. App.).
§103305. Travel expenses incident to study of battlefields
Mileage of officers of the Army and actual expenses of civilian employees traveling on duty in connection with the studies, surveys, and field investigations of battlefields shall be paid from the appropriations made to meet expenses for those purposes.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
§103306. Studies
(a) Study of Battlefields for Commemorative Purposes.—The Secretary of the Army may make studies and investigations and, where necessary, surveys of all battlefields within the continental limits of the United States on which troops of the United States or of the original 13 colonies have been engaged against a common enemy, with a view to preparing a general plan and such detailed projects as may be required for properly commemorating such battlefields or other adjacent points of historic and military interest.
(b) Inclusion of Estimate of Cost of Projected Surveys in Appropriation Estimates.—The Secretary of the Army shall include annually in the Department of the Interior appropriation estimates a list of the battlefields for which surveys or other field investigations are planned for the fiscal year in question, with the estimated cost of making each survey or other field investigation.
(c) Purchase of Real Estate for National Military Park Purposes.—No real estate shall be purchased for national military park purposes by the Federal Government unless a report on the real estate has been made by the Secretary of the Army through the President to Congress under subsection (d).
(d) Report to Congress.—The Secretary of the Army, through the President, shall annually submit to Congress a detailed report of progress made under this subchapter, with recommendations for further operations.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
In subsection (d), the words "after December 1, 1926" are omitted as obsolete.