Fort Union
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APPENDIX A: LEGISLATION


JOINT RESOLUTION NO. 12.

JOINT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES AND THE PRESIDENT OF THE UNITED STATES TO SET ASIDE OLD FORT UNION LOCATED IN MORA COUNTY, STATE OF NEW MEXICO AS A NATIONAL MONUMENT.

H. J. R. No. 7; Approved Mar. 12, 1929.

To THE CONGRESS OF THE UNITED STATES :

WHEREAS, In 1851 the United States Government established in the present county of Mora, State of New Mexico, a military post, Fort Union, which was for forty years the military headquarters and base of supplies for the Army of the Southwest, and,

WHEREAS, This Fort is located on the Comanche Trail, the Santa Fe Trail, and the California Gold Trail, and was a strategic point during the Civil War, and,

WHEREAS, many of our noted military figures were at some time during their career assigned to duty at Fort Union, and,

WHEREAS, these buildings are falling into decay, thereby risking the loss of a spot rich in historic lore, and

WHEREAS, the New Mexico Chapters of the Daughters of the American Revolution, including the Stephen Watts Kearney Chapter of Santa Fe, have unanimously endorsed the movement started by the Las Vègas service clubs to preserve and maintain Fort Union as a National Monument, and have requested the Legislature of the State of New Mexico to memorialize the President and Congress of the United States on this subject,

Now, THEREFORE, BE IT RESOLVED: That the legislature of the State of New Mexico respectfully memorializes and petitions the Congress of the United States to set aside this historic site and to preserve and maintain Fort Union as a National Monument; and,

BE IT FURTHER RESOLVED: That copies of this memorial be sent to the President of the United States and to the presiding officers of the Senate and House of Representatives and to the Senators and Representative of the State of New Mexico.



CHAPTER 181

AN ACT AUTHORIZING THE STATE OF NEW MEXICO THROUGH THE STATE PARK COMMISSION OR ITS SUCCESSOR TO ACQUIRE BY PURCHASE, GIFT OR CONDEMNATION FOR STATE PARK PURPOSES THE OLD FORT UNION MILITARY RESERVATION INCLUDING THE CEMETERY AND RIGHTS OF WAY USED AND TO BE USED IN CONNECTION THEREWITH, LOCATED WITHIN THE MORA GRANT, COUNTY OF MORA, NEW MEXICO; AUTHORIZING THE RECONSTRUCTION AND BEAUTIFICATION OF SUCH AREA; PROVIDING FOR THE ADMINISTRATION OF THE SAME; AND AUTHORIZING AGREEMENTS OR CONVEYANCES WITH OR TO THE UNITED STATES OF SUCH AREA.

HOUSE PUBLIC LANDS AND LIVESTOCK COMMITTEE
SUBSTITUTE FOR HOUSE BILL NO. 297;

Approved: March 20, 1953

Be It Enacted by the Legislature of the State of New Mexico:

Section 1. The State of New Mexico is hereby authorized to acquire by purchase, gift or condemnation the Old Fort Union Military Reservation, including the cemetery used in connection therewith, containing approximately eight hundred (800) acres, located within the Mora Grant, County of Mora, State of New Mexico as and for a state park to be administered, reconstructed, preserved, developed and beautified by the state park commission or its successor. The State of New Mexico is likewise authorized to acquire by purchase, gift or condemnation the necessary rights of way for public ingress to and from said military reservation, and is authorized to accept donations of money, equipment or material for such purposes, and likewise to receive and accept endowments for the maintenance of the Old Fort Union Military Reservation or of any part thereof.

Section 2. Title to the Old Fort Union Military Reservation shall be taken in the name of the "State of New Mexico" or in the name of "The Governor of the State of New Mexico and the people thereof." Title to such property shall not be acquired or taken by the State of New Mexico for park purposes until the acceptance or taking of the same shall have been authorized by resolution of the state park commission or its successor. The state park commission is hereby authorized to enter into agreements respecting the acquisition of the Old Fort Union Military Reservation.

Section 3. The State of New Mexico through the state park commission or its successor shall have the right and is authorized to convey the Old Fort Union Military Reservation, which shall have been acquired for state park purposes by the state of New Mexico, to the United States or any appropriate agency thereof for the purpose of administering, reconstructing, preserving, developing and beautifying the same.

The procedure for transfer of title to the United States or any appropriate agency thereof shall be as follows :

The state park commission or its successor shall adopt a resolution setting forth the facts justifying a conveyance to the United States or appropriate agency thereof, which resolution adopted by the majority of the commission, or by the majority of the members of its successor, shall be transmitted to the Governor of the State of New Mexico, and if approved by him, he shall thereupon execute and sign a conveyance to the United States or appropriate agency thereof. Said conveyance, when executed by the Governor of the State of New Mexico, shall transfer and convey all the title of the State of New Mexico in and to the lands so to be conveyed to the United States or such appropriate agency thereof.

Section 4. Said Old Fort Union Military Reservation shall be administered in the same manner as other state parks are administered under the state park commission or its successor and subject to its rules and regulations; Provided, that the state park commission or its successor shall be responsible for the construction of reasonable fire guards and shall be responsible for maintaining reasonable fire fighting equipment to protect against the fire hazard created by the establishment of the Old Fort Union Military Reservation as a public park; and provided further, that the state park commission shall erect and maintain a legal fence along all rights of way acquired under the provisions of this act and shall establish and maintain adequate underpasses for cattle.

Section 5. The State of New Mexico through the state park commission or its successor is authorized and empowered to acquire the Old Fort Union Military Reservation by Eminent Domain proceedings and in addition thereto to acquire by such proceedings rights of way for ingress and egress of the public generally to and from such area. The procedure for obtaining such area and rights of way by condemnation shall be the same as provided by law for the condemnation of land for railroad purposes.



DEPARTMENT OF THE INTERIOR

Office of the Secretary

NEW MEXICO

ORDER ESTABLISHING FORT UNION NATIONAL MONUMENT

Whereas the act of June 28, 1954 (16 U. S. C., 1952 ed., Supp. II, sec. 450kk— 450kk—1, provides for the establishment of Fort Union National Monument upon a determination of the Secretary of the Interior that sufficient land and other property have been acquired by the United States for national-monument purposes; and

Whereas title to 720.6 acres of land for national-monument purposes was accepted as of October 18, 1955, on behalf of the United States;

Now, therefore, I, Douglas McKay, Secretary of the Interior, having determined that sufficient property has been acquired for establishment of Fort Union National Monument, do hereby designate the following described lands as the Fort Union National Monument under and by virtue of the authority vested in me by the said act of June 28, 1954, supra:

PARCEL NO. 1

Beginning at corner No. 1 (a stake in stone mound), from which the corner common to the northwest corner of Section 6, Township 19 North, Range 19 East, NMPM, and the southwest corner of Section 31, Township 20 North, Range 19 East, NMPM, bears N. 670° 30' E., a distance of 8,707.30 feet:

Thence S. 60° 24' 30" W., a distance of 5,281.04 feet to corner No. 2 (a stake in stone mound); thence N. 29° 35' 30" W., a distance of 1,674.66 feet to corner No 3 (a stake in stone mound): thence N. 17° 11' 30" W., a distance of 844.6 feet to corner No. 4; thence N. 47° 12' 30" W., a distance of 598.70 feet to corner No. 5; thence N. 29° 35' 30" W., a distance of 2,209.0 feet to corner No. 6 (a stake in stone mound ), thence N. 60° 24' 30" E., a distance of 5,279.53 feet to corner No. 7; thence S. 29° 35' 30" E. a distance of 5,278.9 feet to corner No. 1. the point of beginning, containing 637 acres more or less; and

PARCEL NO. 2

Beginning at corner No. 1 (a stake in stone mound), from which corner No. 6, Parcel No. 1, described above, bears N. 69° 56' E., a distance of 2,475.6 feet; thence S. 24° 51' E., 1,926.4 feet to corner No. 2 (a stake in the stone mound); thence S. 65° 09' W., a distance of 1,890.3 feet to corner No. 2 (a stake in stone mound); thence N. 24° 51' W., a distance of 1,926.4 feet to corner No. 4 (a stake in stone mound ); thence N. 65° 09' E., a distance of 1,890.3 feet to corner No. 1. the point of beginning: comprising 83.6 acres more or less.

The areas described aggregate 720.6 acres, more or less.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of this national monument, and not to locate or settle upon any of the lands thereof.

The administration, protection, and development of this national monument shall be exercised under the direction of the Secretary of the Interior by the National Park Service in accordance with the laws and regulations applicable to national monuments.

In witness whereof, I have hereunto set my hand and caused the official seal of the Department of the Interior to be affixed, in the City of Washington this 29th day of March 1956.

DOUGLAS McKay,
     Secretary of the Interior.

F. R. Doc. 56-2529; Filed, Apr. 4, 1956; 8:49 a. m.]



106 68 STAT.] PUBLIC LAW 430—JUNE 28, 1954
Public Law 429 CHAPTER 401
AN ACT
To authorize the establishment of the Fort Union National Monument, in the State of New Mexico, and for other purposes.
June 28, 1954
[H. R. 1005]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to preserve and protect, in the public interest, the historic Old Fort Union, situated in the county of Mora, State of New Mexico, and to provide adequate public access thereto, the Secretary of the Interior is authorized to acquire on behalf of the United States by donation, or he may procure with donated funds, the site and remaining structures of Old Fort Union, together with such additional land, interests in land, and improvements thereon as the Secretary in his discretion may deem necessary to carry out the purposes of this Act. Donated lands may be accepted subject to such reservations, terms, and conditions as may be satisfactory to the Secretary, including right of reversion to donor, or its successors and assigns, upon abandonment as a national monument, and reservation of mineral rights subject to condition that surface of donated lands may not be used or disturbed in connection therewith, without the consent of the Secretary.

Fort Union
National Monument,
N. Mex.
Establishment.

SEC. 2. Upon a determination of the Secretary of the Interior that sufficient land and other property have been acquired by the United States for national-monument purposes, as provided in section 1 of this Act, such property shall be established as the "Fort Union National Monument" and thereafter shall be administered by the Secretary of the Interior in accordance with the laws and regulations applicable to national monuments. An order of the Secretary, constituting notice of such establishment, shall be published in the Federal Register:

Publication
in FR.

Following establishment of the national monument, additional properties may be acquired as provided in section 1 hereof, which properties, upon acquisition of title thereto by the United States, shall become a part of the national monument: Provided, That the total area of the national monument established pursuant to this Act shall not exceed one thousand acres, exclusive of such adjoining lands as may be covered by scenic easements.

Approved June 28, 1954.

Additional
properties.


101 STAT. 302 PUBLIC LAW PUBLIC LAW 100-35—May 8, 1987

Public Law 100—35
100th Congress
May 8, 1987
[H. R. 240]

An Act

To amend the National Trails System Act to designate the Santa Fe Trail as a National Historic Trail.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Missouri.
Kansas.
Oklahoma.
Colorado.
New Mexico.
Public
information.
Gifts and
property.











SECTION 1. DESIGNATION.

(a) DESIGNATION.—Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding the following new paragraph at the end thereof:

"(15) The Santa Fe National Historic Trail, a trail of approximately 950 miles from a point near Old Franklin, Missouri, through Kansas, Oklahoma, and Colorado to Santa Fe, New Mexico, as generally depicted on a map entitled 'The Santa Fe Trail' contained in the Final Report of the Secretary of the Interior pursuant to subsection (b) of this section, dated July 1976. The map shall be on file and available for public inspection in the office of the Director of the National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretary of the Interior. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Santa Fe Trail except with the consent of the owner thereof. Before acquiring any easement or entering into any cooperative agreement with a private landowner with respect to the trail, the Secretary shall notify the landowner of the potential liability, if any, for injury to the public resulting from physical conditions which may be on the landowner's land. The United States shall not be held liable by reason of such notice or failure to provide such notice to the landowner. So that significant route segments and sites recognized as associated with the Santa Fe Trail may be distinguished by suitable markers, the Secretary of the Interior is authorized to accept the donation of suitable markers for placement at appropriate locations.".

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 10(c)(2) of such Act (16 U.S.C. 1249(c)(2) is amended by inserting "and (15)" after "(13)".

Approved May 8, 1987.




LEGISLATIVE H1STORY—H.R. 240:
HOUSE REPORTS: No. 100-16 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 100-39 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 133 (1987):
     Mar. 10, considered and passed House.
     Apr. 12, considered and passed Senate.


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