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ACTS OF CONGRESS AUTHORIZING THE ESTABLISHMENT OF THE NATIONAL CAPITAL PARKS, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR, AND AFFECTING THE GOVERNMENT OF THE UNITED STATES PARK POLICE

ORGANIC LAW ESTABLISHING THE PRESENT NATIONAL CAPITAL PARKS SYSTEM

On July 1, 1898, 30 Stat. 570, Congress vested in the Commissioners of the District of Columbia the jurisdiction and control of street parking and placed the Park System of the District of Columbia under the exclusive control of the Chief of Engineers, United States Army, by providing:

SEC. 1. The jurisdiction and control of the street parking in the streets and avenues of the District of Columbia is hereby transferred to and vested in the Commissioners of the District of Columbia.

SEC. 2. That the Park System of the District of Columbia is hereby placed under the exclusive charge and control of the Chief of Engineers of the United States Army, under such regulations as may be prescribed by the President of the United States, through the Secretary of War.2

The said Park System shall be held to comprise :

(a) All public spaces laid down as reservations on the map of eighteen hundred and ninety-four accompanying the annual report for eighteen hundred and ninety-four of the officer in charge of public buildings and grounds;

(b) All portions of the space in the streets and avenues of the said District of Columbia, after the same shall have been set aside by the Commissioners of the District of Columbia for park purposes: Provided, That no areas less than two hundred and fifty square feet between sidewalk lines shall be included within the said park system, and no improvements shall be made in unimproved public spaces in streets

1 Pursuant to Executive Order No. 6166 of June 10, 1933 (5 U. S. C. secs. 124–132), authority now vested in the Secretary of the Interior.

2 Pursuant to the above-mentioned Executive Order No. 6166, authority now vested in the Secretary of the Interior.

between building lines or building lines prolonged until the outlines of such portions as are to be improved as parks shall have been laid out by the Commissioners of the District of Columbia: And provided further, That the Chief of Engineers is authorized temporarily to turn over the care of any of the parking spaces included in Class B above, to private owners of adjoining lands under such regulations as he may prescribe and with the condition that the said private owners shall pay special assessments for improvements contiguous to such parking under the same regulations as are or may be prescribed for private lands: And provided further, That where in any portion of a street more than one-half of the front is occupied and used for business purposes, the Commissioners are authorized and directed to denominate such portion of the street as a business street and shall authorize the use for business purposes by abutting property owners of so much of the sidewalk and parking as may not be needed, in the judgment of the said Commissioners, by the general public, under such general regulations as the said Commissioners may prescribe.

SEC. 4. That when in the judgment of the Commissioners of the District of Columbia, the public necessity or convenience requires them to enter upon any of the spaces or reservations under the jurisdiction of the Chief of Engineers, for the purpose of widening the roadway of any street or avenue adjacent thereto or to establish sidewalks along the same, the Chief of Engineers, with the approval of the Secretary of War, is authorized to grant the necessary permission upon the application of the Commissioners.

SEC. 5. That when in accordance with law or mutual legal agreement, spaces or portions of public land are transferred from the jurisdiction of the Chief of Engineers of the United States Army, District of Columbia, or vice versa, the letters exchanged between them of transfer and acceptance shall be sufficient authority for the necessary change in the official maps and for record when necessary.

SEC. 6. That the said Chief of Engineers and the said Commissioners are hereby authorized to make all needful rules and regulations for the government and proper care of all the public grounds placed by this Act under their re

spective charge and control; and to annex to such rules and regulations such reasonable penalties as will secure their enforcement.

The act of May 15, 1947 (61 Stat. 94), authorized the United States Park Police to make arrests within the limits of the Washington National Airport in the same manner and circumstances as employees designated by the Administrator of the Civil Aeronautics Administration, when the administrator has requested that the United States Park Police be assigned to the airport.

The act of August 5, 1882 (22 Stat. 243) conferred upon the watchmen provided for by the United States Government for services in any of the public squares and reservations in the District of Columbia the same powers and duties as the Metropolitan Police of the District of Columbia.

The act of December 5, 1919 (41 Stat. 364) declared that the watchmen provided by the United States Government for services in any of the public squares and reservations in the District of Columbia shall, after August 5, 1882, be known as the "United States Park Police." They shall have and perform the same powers and duties as the Metropolitan Police of the District of Columbia. The act of May 27, 1924 (43 Stat. 175) provides: 66* * * Sec. 4. The United States Park Police shall be under the exclusive charge and control of the Officer in charge of Public Buildings and Grounds, under the general direction of the Chief of Engineers, United States Army

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The act of August 15, 1950, Public Law 693, Eighty-first Congress, provides: "That (a) every officer and member of the Metropolitan Police force, the United States Park Police force, and the White House Police force shall be granted two days off in each period of seven days, which shall be in addition to the annual leave and sick leave to which he is entitled by law."

"(c) Notwithstanding subsection (a), whenever the Secretary of the Interior declares that an emergency exists of such a character as to require the continuous service of all officers and members of the United States Park Police force, it shall be the duty of the Superintendent of National Capital Parks to suspend and discontinue the granting of such two days off in seven during the continuation of such emergency."

POTOMAC PARK

The act of March 3, 1897 (29 Stat. 624) declared all lands which were reclaimed from the Potomac River, formerly known as Potomac Flats, together with the Tidal Reservoir, to be a public park under the name of Potomac Park.

Authority formerly vested in the Office of Public Buildings and Grounds with regard to control over the United States Park Police is now vested in the Director of the National Park Service and under the general direction of the Secretary of the Interior.

The act of August 1, 1914 (38 Stat. 633, 634) established the Potomac Park as a part of the park system of the District of Columbia under the exclusive charge and control of the Chief of Engineers of the United States Army, predecessor to the Secretary of the Interior, and subject to the provisions of section 6 of the act of July 1, 1898 (30 Stat. 570).

REGULATION APPLICABLE TO SIDEWALKS AROUND PUBLIC GROUNDS AND THE CARRIAGEWAYS OF SUCH STREETS AS LIE BETWEEN AND SEPARATE SUCH PUBLIC GROUNDS

The act of March 4, 1909 (35 Stat. 994) extended the application of rules and regulations heretofore prescribed by the Chief of Engineers, United States Army (successor, Secretary of the Interior) under the authority granted by Section 6, under the act approved July 1, 1898, for the government and proper care of all public grounds placed by that act under the charge and control of the said Chief of Engineers, to cover the sidewalks around the public grounds and the carriageways of such streets as lie between and separate said public grounds.

PUBLIC PARKS ACQUIRED BY CONDEMNATION OF SMALL PARK AREAS AT INTERSECTION OF STREET OUTSIDE THE LIMITS OF ORIGINAL CITY OF WASHINGTON ARE PART OF THE PARK SYSTEM

The act of March 4, 1913 (37 Stat. 971) provided that the public parks acquired by condemnation of small park areas at the intersection of streets outside the limits of the original City of Washington be made a part of the park system of the District of Columbia and placed under the control of the Chief of Engineers, United States Army (successor, Secretary of the Interior).

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may appoint special policemen, without compensation, for duty in connection with the policing of the public parks and other reservations under his jurisdiction within the District of Columbia, such special policemen to have the same powers and to perform the same duties as the United States Park Police and the Metropolitan Police of the said District of Columbia, and to be subject to such regulations as the Chief of Engineers 5 may prescribe: Provided, That the jurisdiction and policing powers of such policemen shall be restricted to the public parks and other reservations under the control of the officer in charge of public buildings and grounds."

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EXCLUSIVE CHARGE AND CONTROL OF PARK SYSTEM

IN THE DISTRICT OF COLUMBIA VESTED IN THE SECRETARY OF THE INTERIOR

Section 16 (b) of the act of March 3, 1925 (43 Stat. 1119-1126) provides: "Nothing contained in this Act shall be construed to interfere with the exclusive charge and control heretofore committed to the Chief of Engineers' over the park system of the District, and he is hereby authorized and empowered to make and enforce all regulations for the control of vehicles and traffic, and limiting the speed thereof on roads, highways, and bridges within the public grounds in the District, under his control, subject to the penalties prescribed in this Act."

APPLICABILITY OF REGULATIONS

The National Capital Parks Regulations promulgated by the Secretary of the Interior on April 14, 1950, and published in the June 7, 1950 issue of the Federal Register apply to all park areas administered by National Capital Parks, National Park Service, in the District of Columbia, Maryland and Virginia, and to other Federal reservations in the environs of the District of Columbia, policed with the approval or concurrence of the head of the agency having jurisdiction or control

Pursuant to the act of February 26, 1925 (43 Stat. 983, 984), and said Executive Order No. 6166, former functions of the Chief of Engineers now vest in the Secretary of the Interior.

The functions of the Director of the National Park Service relating to Public Buildings was transferred to the Federal Works Agency (General Services Administration) by section 303 (b) of the 1939 Reorganization Plan No. 1 (5 U. S. C. 1946 ed. 133t, see note).

7 The powers formerly conferred upon the Chief of Engineers are now vested in the Secretary of the Interior.

over such reservations, pursuant to the provisions of the act of March 17, 1948 (62 Stat. 81).

ROCK CREEK PARK

The act of September 27, 1890 (26 Stat. 492. 495), authorized the establishment of Rock Creek Park and provided: "That a tract of land lying on both sides of Rock Creek beginning at Klingle Ford Bridge, and running northwardly, following the course of said Creek, of a width not less at any point than six hundred feet, nor more than twelve hundred feet, including the bed of the Creek, of which not less than two hundred feet shall be on either side of said Creek, south of Broad Branch Road and Blagden Mill Road and of such greater width north of said roads as the Commissioners designated in this Act may select, shall be secured, as hereinafter set out, and be perpetually dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States, to be known by the name of Rock Creek Park.

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ROCK CREEK AND POTOMAC PARKWAY

The act of March 4, 1913 (37 Stat. 885), authorized the establishment of the Rock Creek and That Potomac Parkway and provided: “*

for the purpose of preventing the pollution and obstruction of Rock Creek and of connecting Potomac Park with the Zoological Park and Rock Creek Park, a commission to be composed of the Secretary of the Treasury, the Secretary of War, and the Secretary of Agriculture, is hereby authorized and directed to acquire, by purchase, condemnation, or otherwise, such land and premises as are not now the property of the United States in the District of Columbia shown on the map on file in the office of the Engineer Commissioner of the District of Columbia, dated May Seventeenth Nineteen Hundred and Eleven, and lying on both sides of Rock Creek, including such portion of the creek bed as may be in private ownership, and between the Zoological Park and Potomac Park; and the sum of $1,300,000 is hereby authorized to be expended toward the acquirement of such land. That all lands now belonging to the United States or to the District of Columbia lying within the exterior boundaries of the land to be acquired by this Act as shown and designated on said map are hereby appropriated to and made a part of the Parkway herein authorized to be acquired.

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