§ 437. — Fort McHenry; restoration and preservation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC437]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 437. Fort McHenry; restoration and preservation
The Secretary of the Interior is authorized and directed to begin
the restoration of Fort McHenry, in the State of Maryland, including the
restoration of the old Fort McHenry proper to such a condition as would
make it suitable for preservation permanently as a national monument and
perpetual national memorial shrine as the birthplace of the immortal
``Star-Spangled Banner'' written by Francis Scott Key, and he is further
authorized and directed, as are his successors, to hold the said Fort
McHenry in perpetuity as a military reservation, national monument and
historic shrine, and to maintain it as such, except that part mentioned
in section 439 of this title, and that part in use on March 3, 1925, by
the Department of Commerce for a light and fog-signal station under
revocable license from the Interior Department with the maintenance of
the electric lines thereto and such portion of the reservation,
including improvement, as may be reserved by the Secretary of the Army
for the use of the Chief of Engineers, the said reservation to be
maintained as a national public monument, subject to such regulations as
may from time to time be issued by the Secretary of the Interior.
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43 Stat.
1109; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Ex. Ord. No. 6228,
Sec. 1, July 28, 1933; Aug. 11, 1939, ch. 686, 53 Stat. 1405; July 26,
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
Codification
This section and sections 438 to 440 of this title were derived from
act Mar. 3, 1925, which was entitled ``An act to repeal and reenact
chapter 100, 1914, Public, Numbered 108, to provide for the restoration
of Fort McHenry, in the State of Maryland, and its permanent
preservation as a national park and perpetual national memorial shrine
as the birthplace of the immortal `Star-Spangled Banner,' written by
Francis Scott Key, for the appropriation of the necessary funds, and for
other purposes.'' The enacting clause reads as follows: ``Be it enacted
by the Senate and House of Representatives of the United States of
America in Congress assembled, That an Act authorizing the Secretary of
War to grant the use of the Fort McHenry Military Reservation in the
State of Maryland to the mayor and city council of Baltimore, a
municipal corporation of the State of Maryland, making certain
provisions in connection therewith, providing access to and from the
site of the new immigration station heretofore set aside be, and hereby
is, repealed and reenacted to read as follows:''.
As reenacted in 1925 this section recites that Fort McHenry is
``now'' occupied and used as a military reservation and authorized the
restoration ``so soon as it may no longer be needed for uses and needs
growing out of the late war.'' The foregoing provisions have been
omitted as temporary.
The words of this section ``on March 3, 1925'' refer to the date of
passage of the Act.
Change of Name
``National monument and historic shrine'' substituted in text for
``national park, and memorial'' in view of redesignation of Fort McHenry
National Park as Fort McHenry National Monument and Historic Shrine by
act Aug. 11, 1939, classified to section 440a of this title.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Transfer of Functions
Administrative functions of Fort McHenry National Park transferred
to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out as
notes under section 901 of Title 5, Government Organization and
Employees.
National Park Service substituted for Office of National Parks,
Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act
Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389.
Termination of War and Emergencies
Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided
that in the interpretation of these sections, the date July 25, 1947,
shall be deemed to be the date of termination of any state of war
theretofore declared by Congress and of the national emergencies
proclaimed by the President on Sept. 8, 1939, and May 27, 1941.
Section Referred to in Other Sections
This section is referred to in section 440a of this title.
