"That it is hereby declared that it is a national policy to preserve for public use historic sites, buildings and objects of national significance for the inspiration and benefit of the people of the United States.

"Sec. 2. The Secretary of the Interior (hereinafter referred to as the Secretary), through the National Park Service, for the purpose of effectuating the policy expressed in section 1 hereof, shall have the following powers and perform the following duties and functions:

"(a) Secure, collate, and preserve drawings, plans, photographs, and other data of historic and archaeologic sites, buildings, and objects.

"(b) Make a survey of historic and archaeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the United States.

"(c) Make necessary investigations and researches in the United States relating to particular sites, buildings, or objects to obtain true and accurate historical and archaeological facts and information concerning the same.

(a) For the purpose of this Act, acquire in the name of the United States by gift, purchase, or otherwise any property, personal or real, or any interest or estate therein, title to any real property to be satisfactory to the Secretary: Provided, That no such property which is owned by any religious or educational institution, or which is owned or administered for the benefit of the public shall be so acquired without the consent of the owner: Provided further, That no such property shall be acquired or contract or agreement for the acquisition thereof made which will obligate the general fund of the Treasury for the payment of such property, unless or until Congress has appropriated money which is available for that purpose..

"(e) Contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with proper bond where deemed advisable, to protect, preserve, maintain, or operate any historic or archaeologic building, site, object, or property used in connection therewith for public use, regardless as to whether the title thereto is in the United States: Provided, That no contract or cooperative agreement shall be made or entered into which will obligate the general fund of the Treasury unless or until Congress has appropriated money for such purpose. "(f) Restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance and where deemed desirable establish and maintain museums in connection therewith.

"(g) Erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archaeological significance.

"(h) Operate and manage historic and archaeologic sites, buildings, and properties acquired under the provisions of this Act together with lands and subordinate buildings for the benefit of the public, such authority to include the power to charge reasonable visitation fees and grant concessions, leases, or permits for the use of land, building space, roads, or trails when necessary or desirable either to accommodate the public or to facilitate administration: Provided, That such concessions, leases, or permits, shall be let at competitive bidding, to the person making the highest and best bid.

"(1) When the Secretary determines that it would be administratively burdensome to restore, reconstruct, operate, or maintain any particular historic or archaeologic site, building, or property donated to the United States through the National Park Service, he may cause the same to be done by organizing a corporation for that purpose under the laws of the District of Columbia or any State.

"(j) Develop an educational program and service for the purpose of making available to the public facts and information pertaining to American historic and archaeologic sites, buildings, and properties of national significance. Reasonable charges may be made for the dissemination of any such facts or information.

"(k) Perform any and all acts, and make such rules and regulations not inconsistent with this Act as may be necessary and proper to carry out the provisions thereof. Any person violating any of the rules and regulations authorized by this Act shall be punished by a fine of not more than $500 and be adjudged to pay all cost of the proceedings.

"Зес. 3. A general advisory board to be known as the 'Advisory Board on National Parks, Historic Sites, Buildings, and Monuments' is hereby established, to be composed of not to exceed eleven persons, citizens of the United States, to include representatives competent in the fields of history, archaeology, architecture, and human geography, who shall be appointed by the Secretary and serve at his pleasure. The members of such board shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as such members.

"It shall be the duty of such board to advise on any matters relating to national parks and to the administration of this Act submitted to it for consideration by the Secretary. It may also recommend policies to the Secretary from time to time pertaining to national parks and to the restoration, reconstruction, conservation, and general administration of historic and archaeologic sites, buildings, and properties.

"Sec. 4. The Secretary, in administering this Act, is authorized to cooperate with and may seek and accept the assistance of any Federal, State, or municipal department or agency, or any educational or scientific institution, or any patriotic association, or any individual.

"(b) When deemed necessary, technical advisory committees may be established to act in an advisory capacity in connection with the restoration or reconstruction of any historic or prehistoric building or structure.

"(c) Such professional and technical assistance may be employed without regard to the civilservice laws, and such service may be established as may be required to accomplish the purposes of

this Act and for which money may be appropriated by Congress or made available by gifts for such purpose.

"Sec. 5. Nothing in this Act shall be held to deprive any State, or political subdivision thereof, of its civil and criminal jurisdiction in and over lands acquired by the United States under this Act.

"Sec. 6. There is authorized to be appropriated for carrying out the purposes of this Act such sums as the Congress may from time to time determine.

"Sec. 7. The provisions of this Act shall control if any of them are in conflict with any other Act or Acts relating to the same subject matter.".

In an opinion dated Aug. 23, 1922, and published in 33 Op. Atty. Gen. 288, the Attorney General held that several tracts of land acquired by the Navy Department for naval purposes under specific acts of Congress could not be transferred from the Navy Department to other executive departments without specific authority conferred by Congress.

The following is the text of an act of June 7, 1926, ch. 486, 44 Stat. 700-702, which authorized the disposition of specified lands by transfer to other departments, public sale, lease, etc.: "That the Secretary of the Navy is authorized, when directed by the President, to transfer to the control of any executive department or other Government establishment or to dispose of on behalf of the United States, at public sale and upon such terms as he may deem best for the interests of the United States, such lands or portions thereof or interest therein acquired for naval purposes, and the improvements and equipment thereon, that are deemed by him to be no longer required for such purposes, at or in the vicinity of Alpena, Michigan (radio station); Duluth, Minnesota (radio station); Miami, Florida (radio station); Frenchmans Bay, Maine (coal depot); Malden, Massachusetts (naval niter depot); Provincetown, Massachusetts (Long Point Military Reservation); Siasconset, Massachusetts (radio station); South Wellfleet, Massachusetts (radio station); Blackbeards Island, Georgia (naval reservation); Blythe Island, Georgia (naval reservation); Grover Island, Georgia (naval reservation); San Francisco, California (Mission Rock Naval Reservation); Puget Sound, Washington (rifle range); Point Isabel, Texas (radio station); Inglewood, California (radio station); and lot numbered 98, Yokohama, Japan (naval hospital): Provided, That the Secretary of the Navy shall, if directed by the President, reconvey to the State of Massachusetts, without compensation, all right, title, and interest of the United States in said Long Point Military Reservation, except those portions retained for the Wood End Light Station and the permanent range beacons which mark the Inner Measured Mile Course, notwithstanding the authorization for the transfer or sale of such property hereinbefore provided."

"Sec. 2. In the disposal of any of the aforesaid property not to be turned over to the control of another executive department or Government establishment, the Secretary of the Navy shall, in each And every case except as otherwise herein provided, cause the property to be appraised, either as a whole or in two or more parts, by an appraiser or appraisers to be chosen by him for each tract, and in the making of such appraisal due regard shall be given to the value of any improvements thereon and to the historic interest of any part of said land. Sec. 3. In the event that any other department of the Government shall require the permanent use of all or any part of any of the reservations

herein authorized to be sold, the head of the department requiring the same shall, within ninety days after the approval of this Act, make application to the Secretary of the Navy for the transfer thereof, giving the specific reasons therefor, but no such transfer be made unless approved by the President.

"Sec. 4. After ninety days from the date of the approval of this Act, and after the appraisal of the lands hereinbefore mentioned shall have been made and approved by the Secretary of the Navy, notification of the fact of such appraisal shall be given by the Secretary of the Navy to the governor of the State in which each such tract is located as to such lands not to be turned over to any other executive department or Government establishment, and such State, or the county in which such land is located, or the municipality in or nearest which such land is located shall, in the order named, have the option at any time within six months after such notification to the governor to acquire the same or any part thereof which shall have been separately appraised and approved upon payment within such period of six months of the appraised value thereof: Provided, however, That the conveyance of said tract of land to such State, county, or municipality shall be upon the condition and limitation that said property shall be limited to the retention and use for public purposes, and upon cessation of such retention and use shall revert to the United States without notice, demand, or action brought: And provided further, That if the proper official or board of any such State, county, or municipality shall within such time limit notify the Secretary of the Navy that said State, county, or municipality desires to exercise such option but has not the, money available with which to make the payment, then said land or such part thereof as may have been separately designated shall be held for sale to such State, county, or municipality for a period not to exceed two years from the date of such notification.

Dec. 5. Six months arter the date of the notification of said appraisal, if the option given in section 4 hereof shall not have been exercised in the manner herein specified, or after receipt by the Secretary of the Navy of notice that the State, county, and municipality do not desire to exercise the option herein granted, the Secretary of the Navy may sell or cause to be sold each of said properties at public sale at not less than the appraised value thereof, after advertisement in such manner as he may direct.

"Sec. 6. The expenses of appraisal, survey, advertising, and all expenses incident to the sale of the property hereinbefore authorized for disposition shall be paid from the proceeds of the sale of any of the properties sold under this Act: Provided, That no auctioneer or person acting in said capacity shall be paid a fee for the sale of said property in excess of $100 a day.

"Sec. 7. A full report of all transfers and sales made under the provisions of this Act shall be submitted to Congress by the Secretary of the Navy upon the consummation thereof.

"Sec. 8. The authority granted by this Act repeals all prior legislative authority granted to the Secretary of the Navy to sell or transfer any of the reservations herein designated.

"Sec. 9. That the net proceeds from the sale of the surplus Navy Department property, hereinbefore designated, shall be deposited in the Treasury to the credit of a fund to be known as the Naval Public Works Construction Fund, to be and remain available until expended for permane construction for the Naval Establishment, in su amounts as may be authorized from time to time the Congress: Provided, That estimates of the

money to be expended from the said Naval Public Works Construction Fund, including a statement of the specific construction projects embraced in such estimates, shall be submitted annually to the Congress by the Secretary of the Navy: Provided further, That any balance remaining unexpended or unobligated in this fund shall revert to the Treasury on the 4th of March, 1933.

"Sec. 10. That the Secretary of the Navy be, and he is hereby, authorized and directed to convey to the State of Maine, by appropriate quitclaim deed, all right, title, and interest of the United States in the land and improvements thereon constituting the site of the former naval reservation on Widows Island, Maine.

"Sec. 11. That the sale by the Navy Department on April 16, 1919, of the land and improvements thereon at the former radio station at Lents, Oregon, for the price of $1,916, is hereby ratified, and the Secretary of the Navy is authorized to execute and deliver proper deed to the purchaser of said property and to do any other act necessary to effectuate such sale.

"Sec. 12. That the Secretary of the Navy be, and he is hereby, authorized, to convey to the city of Key West, Florida, all right, title, and interest of the United States in a certain tract. of land about ten feet wide and two hundred feet long, extending along White Street, at present inclosed within and constituting a part of the grounds of the United States Naval Hospital at Key West, Florida, for the purpose of widening said White Street to a width of forty-five feet: Provided, That the said city of Key West shall pay all expenses in connection with the widening of said street, including the moving and reerection of the concrete wall now inclosing the hospital grounds along said White Street and the construction of a new sidewalk abutting the said street.

"Sec. 13. That the Secretary of the Navy be, and he is hereby, authorized to lease the Old Naval Hospital property, Washington, District of Columbia, bounded by Pennsylvania Avenue, E Street, Ninth Street, and Tenth Street, southeast, to the Board of Management of the Temporary Home for Soldiers and Sailors, for the purpose of a temporary home for ex-soldiers and sailors, for a period of fifteen years, upon the same terms and conditions as those existing in the present lease, notwithstanding the provisions of the Act of August 29, 1916 (Thirtyninth Statutes, pages 559-560): Provided, That when the said property shall cease to be used for said purposes said lease shall be automatically terminated and the said property shall revert to the full custody and control of the Navy Department. "Sec. 14. That the Secretary of the Navy be, and he is hereby, authorized to execute on behalf of the United States all instruments necessary to accomplish the aforesaid purposes.

The following executive orders were issued under the authority contained in the act of June 7, 1926, ch. 486, 44 Stat. 700-702: Exec. Order No. 4512, Sept. 20, 1926, which transferred Blackbeards Island, Ga., from the Navy Department to the Agriculture Department; Exec. Order No. 4513, Sept. 20, 1926, which transferred certain lands at Yokohama, Japan, from the Navy Department to the State Department; Exec. Order No. 4514, Sept. 20, 1926, which transferred certain lands at Provincetown, Mass., from the Navy Department to the Commerce Department; Exec. Order No. 4526, Oct. 21, 1926, which transferred certain lands at Alpena, Mich., from the Navy Department to the Commerce Department; and Exec. Order No. 4537, Nov. 4, 1926, which transferred Blythe Island, Ga., from the Navy Department to the Commerce Department.

Sec. 10 of the act of June 7, 1926, supra, was expressly repealed by an act of Dec. 22, 1932, ch. 7, 47 Stat. 751.

A provision similar to sec. 13 of the act of June 7, 1926, supra, was contained in an act of Apr. 8, 1942, ch. 228, 56 Stat. 211-212.

An act of Mar. 12, 1926, ch. 54, 44 Stat. 203207, authorized the disposition of surplus real property under the control of the Secretary of War. By Exec. Order No. 7451, Sept. 17, 1936, 1 F.R. 1410, which was issued under the authority contained in sec. 6 of that act, control and jurisdiction over certain lands situated in the City of San Diego, California, were transferred from the Secretary of War to the Secretary of the Navy.

Intragovernmental transfers of specified lands to or from the control of the Navy Department have been provided for by numerous special enactments. The list of such enactments includes the following: act of May 23, 1930, ch. 315, 44 Stat. 377, relating to lands in Maine; act of Dec. 22, 1932, ch. 7, 47 Stat. 751, relating to lands in Maine; act of May 8, 1935, ch. 94, 49 Stat. 175, relating to lands in Florida; act of May 28, 1935, ch. 155, sec. 7, 49 Stat. 306, relating to lands in Maryland; act of July 15, 1935, ch. 379, 49 Stat. 480, relating to lands in California; act of June 22, 1936, ch. 689, 49 Stat. 1597, 1639, relating to lands in Washington; act of Aug. 16, 1941, ch. 359, sec. 2, 55 Stat. 625, relating to lands in California; act of Mar. 21, 1942, ch. 189, 56 Stat. 173, relating to lands in North Carolina; act of Dec. 24, 1942, ch. 820, 56 Stat. 1085, relating to lands in Virginia; act of Dec. 17, 1943, ch. 348, 57 Stat. 603604, relating to lands in North Carolina; and act of Dec. 23, 1944, ch. 721, 58 Stat. 923-924, relating to lands in Virginia.

The following special enactments authorized the Secretary of the Navy to dispose of specified lands to States, municipalities, business corporations or individuals: act of Mar. 3, 1933, ch. 205, 47 Stat. 1482, relating to lands in Georgia; act of June 24, 1935, ch. 289, 49 Stat. 395, relating to lands in . Virginia; act of Aug. 24, 1935, ch. 644, 49 Stat. 795, relating to lands in Maine; act of Feb. 25, 1936, ch. 80, 49 Stat. 1141, relating to lands in Michigan; act of Mar. 4, 1937, ch. 27, 50 Stat. 25, relating to lands in California; act of June 20, 1938, ch. 522, 52 Stat. 776, relating to lands in California; act of Mar. 15, 1940, ch. 62, 54 Stat. 53, as amended, relating to lands in Virginia; act of Apr. 20, 1940, ch. 116, 54 Stat. 142, relating to lands in Washington; act of Apr. 22, 1940, ch. 123, 54 Stat. 145, relating to lands in California; act of Oct. 8, 1940, ch. 763, 54 Stat. 1022, relating to lands in Virginia; act of Dec. 16, 1941, ch. 582, 55 Stat. 804, relating to lands in Virginia; act of Feb. 21, 1942, ch. 105, 56 Stat. 96, relating to lands in Maryland; act of June 5, 1942, ch. 326, 56 Stat. 308, relating to lands in Illinois; act of Oct. 10, 1942, ch. 587, 56 Stat. 780, relating to lands in Pennsylvania; act of Mar. 6, 1943, ch. 12, 57 Stat. 13, relating to lands in California; act of Oct. 21, 1943, ch. 270, 57 Stat. 573; act of Mar. 24, 1944, ch. 129, 58 Stat. 120, relating to lands in New York; and act of Dec. 16, 1944, ch. 603, 58 Stat. 914, relating to lands in Virginia.

CROSS REFERENCES

Conveyance of lands, buildings, etc., to people of Puerto Rico: see act of Mar. 2, 1917, ch. 145, sec. 7, 39 Stat. 954, as amended.