Kennesaw Mountain
Administrative History
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APPENDIX 4:
Legislation

An Act Authorizing the acceptance by the United States Government from the Kenesaw Memorial Association of Illinois of a proposed gift of land on the Kenesaw battle field in the State of Georgia, approved February 8, 1917 (39 Stat. 901)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and directed to accept from the Kenesaw Memorial Association, a corporation organized under the laws of the State of Illinois, a gift of certain land, with all the improvements thereon, comprising a part of the Kenesaw battle field, said land being described as lot numbered one hundred and sixteen and the east half of lot numbered one hundred and seven in the nineteenth district and second section, in the county of Cobb and State of Georgia, and upon which a monument has been erected to certain organizations that participated in the fighting on Kenesaw Mountain: Provided, that no expense shall be incurred by the United States in carrying out the provisions of this Act.

An Act Providing for an inspection of the Kennesaw Mountain and lost Mountain and other battle fields in the State of Georgia, approved May 21, 1926 (44 Stat. 588)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission is hereby created, to be composed of the following members, who shall be appointed by the Secretary of War, for the purpose of inspecting the Kennesaw Mountain, Lost Mountain, and other battle fields in the State of Georgia: A commissioned officer of the Corps of Engineers, United States Army; a veteran of the Civil War who served honorably in the military forces of the United States; and a veteran of the Civil War who served honorably in the military forces of the Confederate States of America. In appointing the members of the commission the Secretary of War shall, as far as possible, select persons familiar with the terrain of the said battle fields and the historical events associated therewith.

SEC. 2 It shall be the duty of the commission, acting under the direction of the Secretary of War, to inspect the said battle fields in order to ascertain the feasibility of their acquisition for the purpose of a national military park and of preserving and marking them for historical and professional military study and to ascertain the value of lands necessary to acquire for this purpose. The commission shall submit a report of its findings to the Secretary of War not later than November 1, 1926.

SEC. 3 There is authorized to be appropriated, the sum of $5,000 in order to carry out the provisions of this Act.

An Act To create a national memorial military park at and in the vicinity of Kennesaw Mountain in the State of Georgia, and for other purposes, approved June 26, 1935 (49 Stat. 423)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when title to all the lands, structures, and other property within the military battlefield area and other areas of Civil War interest at and in the vicinity of Kennesaw Mountain in the State of Georgia, as shall be designated by the Secretary of the Interior, in the exercise of his discretion, as necessary or desirable for national battlefield park purposes, shall have been vested in the United States, such areas shall be, and they are hereby, established, dedicated, and set apart as a public park for the benefit and inspiration of the people and shall be known as "Kennesaw Mountain National Battlefield Park" (16 USC sec. 430)

SEC. 2 That the Secretary of the Interior be, and he is hereby, authorized to accept donations of land, interests in land, buildings, structures, and other property within the boundaries of said national battlefield park as determined and fixed hereunder, the title and evidence of title to lands purchased to be satisfactory to the secretary of the Interior: Provided, That under such funds available therefor he may acquire on behalf of the United States by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of the Act of August 1, 1888, such tracts of land within the said national battlefield park as may be necessary for the completion thereof. (16 USC sec. 430)

SEC. 3 Upon creation of the national battlefield park the Secretary of the Interior shall.

(a) Allow monuments and memorials to be erected in the park by and to the various organizations and individuals of either the Union or Confederate Armies, subject to the written approval of said Secretary as to the location and character of such monuments and memorials.

(b) Make such regulations as are necessary from time to time for the care and protection of the park. Any person violating such regulations shall be guilty of an offense punishable by a fine of not more than $500, or imprisonment not exceeding six months, or both.

(c) Provide for the ascertainment and marking of the route of march of the Union and Confederate armies from Chattanooga, Tennessee, through Georgia, and of principal battle lines, breastworks, fortifications, and other historical features along such route, and for the maintenance of such markers to such extent as deemed advisable and practicable. (16 USC sec. 430)

SEC. 4 That the administration, protection, and development of the aforesaid national battlefield 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," as amended (16 USC sec. 430)

SEC. 5 The sum of $100,000 is hereby authorized to be appropriated out of any sums in the Treasury not otherwise appropriated for the purposes herein designated. (16 USC sec. 430)

SEC. 6 All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency.

An Act To amend the Act approved June 26, 1935, entitled "An Act to create a national memorial military park at and in the vicinity of Kennesaw Mountain in the State of Georgia, and for other purposes," approved August 9, 1939 (53 Stat. 1274)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Act approved June 26, 1935, entitled "An Act to create a national memorial military park at and in the vicinity of Kennesaw Mountain in the State of Georgia, and for other purposes," be, and the same is hereby, amended by striking the period at the end thereof and inserting a colon and the following proviso: "Provided, That if, after the expenditure of the funds herein authorized, the Secretary of the Interior shall determine that the acquisition of additional lands is necessary in order to perfect the symmetry of the park area or to acquire locations of historic interest adjacent to the park already acquired upon which fortifications or entrenchments are located which are likely to deteriorate or be destroyed under private ownership, he is authorized to acquire additional lands for such purposes." (16 USC sec. 430)

SEC. 2 There is hereby authorized to be appropriated to carry out the purposes of this Act not to exceed the sum of $55,000. (16 USC sec. 430)



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Last Updated: 01-Sep-2001