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Reply #5: The land and control of the cross would have been not entirely private: [View All]

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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-27-09 02:09 AM
Response to Reply #2
5. The land and control of the cross would have been not entirely private:
Although Congress sought to transfer the property to the
VFW, a private entity, the various statutes, when read as a
package, evince continuing government control. The following
summary highlights that control:
NPS retains overall management and supervision
of the Preserve.
NPS is responsible for the supervision, management,
and control of national memorials.
The five-foot-tall white cross in the Mojave
National Preserve is designated as a national
memorial.
The transfer of land to the VFW is conditioned
on the VFWs maintenance of the conveyed
property as a memorial to World War I veterans.
The Secretary must carry out its duties under
8137, which provides $10,000 for NPS to
acquire and install replicas of the original cross
and plaque.
The property shall revert to government ownership
if it is no longer being maintained as a war
memorial.
The government retains various rights of control over the
cross and the property. NPS is granted statutory powers of
supervision, management, and control of national memorials.
See 16 U.S.C. 2, 431. Thus, NPSs general supervisory
and managerial responsibilities with respect to the cross
remain, despite a land transfer.

http://www.ca9.uscourts.gov/datastore/opinions/2007/09/...
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