16 U.S.C. § 431
Section 431 · National monuments; reservation of lands; relinquishment of private claims
Amended 1 time on record
Applied in 40 court decisions — leading case Buono v. Norton (2004)
Most recently applied in Kocurek v. Wagner (March 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The President of the United States is authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. When such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Short Title
Act June 8, 1906, ch. 3060, 34 Stat. 225, which is classified generally to sections 431, 432, and 433 of this title, is popularly known as the “Antiquities Act of 1906”.
National Monument Commission
Act Aug. 31, 1954, ch. 1160, 68 Stat. 1029, provided for a Commission to obtain plans and designs for a useful monument to the nation symbolizing to the United States and the world the ideals of a democracy as embodied in the five freedoms (speech, religion, press, assembly, and petition) and to submit such plans to Congress for legislative authorization after approval by the Secretary of the Interior, the National Capital Planning Commission, and the Commission of Fine Arts, The Commission terminated 30 days after submission of required report which was submitted in 1957 but audit of business was not completed until September 1964.
Albert Einstein Memorial
Conveyance of property to National Academy of Sciences for erection and maintenance of a Memorial to Albert Einstein on south side of Square Numbered 88 between 21st Street, 22d Street, and Constitution Avenue, District of Columbia, with reverter of title when no longer used for memorial purposes or public access is restricted, was authorized by Pub. L. 95–625, title VI, §612, Nov. 10, 1978, 92 Stat. 3521, as amended Pub. L. 96–87, title IV, §401(o), Oct. 12, 1979, 93 Stat. 666.
Study To Add Alaska and Hawaii to Lincoln National Memorial
Pub. L. 94–556, Oct. 19, 1976, 90 Stat. 2632, directed Secretary of the Interior to study feasibility of and make recommendations for recognition at an appropriate place at Lincoln National Memorial of the addition to the Union of the States of Alaska and Hawaii, directed that recommendations, after review and approval by Commission of Fine Arts, National Capital Planning Commission, and Advisory Council on Historic Preservation, be submitted to Committees on Interior and Insular Affairs of the Senate and the House of Representatives, and, if neither committee adopted a resolution of disapproval, directed Secretary to carry out recommendations.
Cross Reference
National Capital memorials and commemorative works, see section 1001 et seq. of Title 40, Public Buildings, Property, and Works.