82_FR_6179 82 FR 6167 - Establishment of the Reconstruction Era National Monument

82 FR 6167 - Establishment of the Reconstruction Era National Monument

Executive Office of the President

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6167-6177
FR Document2017-01363

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Presidential Documents]
[Pages 6167-6177]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01363]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 12 / Thursday, January 19, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 6167]]

                Proclamation 9567 of January 12, 2017

                
Establishment of the Reconstruction Era National 
                Monument

                By the President of the United States of America

                A Proclamation

                The Reconstruction Era, a period spanning the early 
                Civil War years until the start of Jim Crow racial 
                segregation in the 1890s, was a time of significant 
                transformation in the United States, as the Nation 
                grappled with the challenge of integrating millions of 
                newly freed African Americans into its social, 
                political, and economic life. It was in many ways the 
                Nation's Second Founding, as Americans abolished 
                slavery and struggled earnestly, if not always 
                successfully, to build a nation of free and equal 
                citizens. During Reconstruction, Congress passed the 
                Thirteenth, Fourteenth, and Fifteenth constitutional 
                amendments that abolished slavery, guaranteed due 
                process and equal protection under the law, and gave 
                all males the ability to vote by prohibiting voter 
                discrimination based on race, color, or previous 
                condition of servitude. Ultimately, the unmet promises 
                of Reconstruction led to the modern civil rights 
                movement a century later.

                The Reconstruction Era began when the first United 
                States soldiers arrived in slaveholding territories, 
                and enslaved people on plantations and farms and in 
                cities escaped from their owners and sought refuge with 
                Union forces or in free states. This happened in 
                November 1861 in the Sea Islands or ``Lowcountry'' of 
                southeastern South Carolina, and Beaufort County in 
                particular. Just seven months after the start of the 
                Civil War, Admiral Samuel F. DuPont led a successful 
                attack on Port Royal Sound and brought a swath of this 
                South Carolina coast under Union control. The white 
                residents (less than twenty percent of the population), 
                including the wealthy owners of rice and cotton 
                plantations, quickly abandoned their country 
                plantations and their homes in the town of Beaufort as 
                Union forces came ashore. More than 10,000 African 
                Americans--about one-third of the enslaved population 
                of the Sea Islands at the time--refused to flee the 
                area with their owners.

                Beaufort County became one of the first places in the 
                United States where formerly enslaved people could 
                begin integrating themselves into free society. While 
                the Civil War raged in the background, Beaufort County 
                became the birthplace of Reconstruction, or what 
                historian Willie Lee Rose called a ``rehearsal for 
                Reconstruction.'' With Federal forces in charge of the 
                Sea Islands, the Department of the Treasury, with the 
                support of President Lincoln and the War Department, 
                decided to turn the military occupation into a novel 
                social experiment, known as the Port Royal Experiment, 
                to help former slaves become self-sufficient. They 
                enlisted antislavery and religious societies in the 
                North to raise resources and recruit volunteers for the 
                effort. Missionary organizations headquartered in the 
                Northeast established outposts in Beaufort County.

                In and around Beaufort County during Reconstruction, 
                the first African Americans enlisted as soldiers, the 
                first African American schools were founded, early 
                efforts to distribute land to former slaves took place, 
                and many of the Reconstruction Era's most significant 
                African American politicians, including Robert Smalls, 
                came to prominence. African American political 
                influence and land ownership endured there long after 
                setbacks in other regions. In short, events and people 
                from Beaufort County illustrate

[[Page 6168]]

                the most important challenges of Reconstruction--
                crucial questions related to land, labor, education, 
                and politics after the destruction of slavery--and some 
                early hopeful efforts to address them. The significant 
                historical events that transpired in Beaufort County 
                make it an ideal place to tell stories of 
                experimentation, potential transformation, hope, 
                accomplishment, and disappointment. In Beaufort County, 
                including St. Helena Island, the town of Port Royal, 
                and the city of Beaufort, many existing historic 
                objects demonstrate the transformative effect of 
                emancipation and Reconstruction.

                Freed people hungered for education, as South Carolina 
                had long forbidden teaching slaves to read and write. 
                In 1862, Laura M. Towne and Ellen Murray from 
                Pennsylvania were among the first northern teachers to 
                arrive as part of the Port Royal Experiment. They 
                established a partnership as educators at the Penn 
                School on St. Helena Island that lasted for four 
                decades. Charlotte Forten, a well-educated African 
                American woman from a prominent abolitionist family in 
                Philadelphia, joined the faculty later that year. The 
                first classes for the former slaves were held at The 
                Oaks plantation house, headquarters of the occupying 
                U.S. military forces in the region. In 1863, Murray and 
                Towne moved their school into Brick Church, a Baptist 
                church near the center of the island. In the spring of 
                1864, supporters in Philadelphia purchased school 
                buildings for Towne and Murray, and construction of 
                Penn School began across the field from Brick Church on 
                50 acres of property donated by Hastings Gantt, an 
                African American landowner.

                Penn School helped many African Americans gain self-
                respect and self-reliance and integrate into free 
                society. Towne and Murray strove to provide an 
                education comparable to that offered in the best 
                northern schools. The faculty also provided other 
                support, including medical care, social services, and 
                employment assistance. Penn School would evolve into 
                the Penn Center in the 20th century, and remain a 
                crucial place for education, community, and political 
                organizing for decades to come. As a meeting place in 
                the 1950s and 60s for civil rights leaders, including 
                Dr. Martin Luther King, Jr., and the staff of the 
                Southern Christian Leadership Conference, this historic 
                place links the democratic aspirations of 
                Reconstruction to those of the modern civil rights 
                movement. Darrah Hall is the oldest standing structure 
                on the site of the Penn School grounds. Students and 
                community members built it around 1903, during the 
                transition in the South from the Reconstruction Era to 
                an era of racial segregation and political 
                disenfranchisement.

                The Brick Church where Towne and Murray held classes in 
                1863-64 is today the oldest church on St. Helena 
                Island. Once freed from their owners, African Americans 
                in Beaufort County wanted to worship in churches and 
                join organizations they controlled. The Brick Church--
                also known as the Brick Baptist Church--was built by 
                slaves in 1855 for the white planters on St. Helena 
                Island. When the white population fled from the Sea 
                Islands in 1861, the suddenly freed African Americans 
                made the church their own. The Brick Church has been a 
                place of worship and gathering ever since, and 
                continues to serve the spiritual needs of the community 
                to this day.

                Camp Saxton in Port Royal--formerly the site of a 
                plantation owned by John Joyner Smith--is where the 
                First South Carolina Regiment Volunteers mustered into 
                the U.S. Army and trained from November 1862 to January 
                1863. In August 1862, U.S. Brigadier General Rufus 
                Saxton, the military governor of the abandoned 
                plantations in the Department of the South, received 
                permission to recruit five thousand African Americans, 
                mostly former slaves, into the Union Army. The former 
                slaves assumed that military service would lead to 
                rights of citizenship. Saxton selected Captain Thomas 
                Wentworth Higginson of the 51st Massachusetts, a former 
                Unitarian minister, abolitionist, and human rights 
                activist, to command the regiment. An important ally of 
                Higginson and the African American troops was Harriet 
                Tubman, the famed conductor on the Underground 
                Railroad, who in May of 1862

[[Page 6169]]

                arrived in Beaufort as part of the Port Royal 
                Experiment and who served skillfully as a nurse at Camp 
                Saxton.

                Camp Saxton was also the location of elaborate and 
                historic ceremonies on January 1, 1863, to announce and 
                celebrate the issuance of the Emancipation 
                Proclamation, which freed all slaves in states then 
                ``in rebellion'' against the United States. General 
                Saxton himself had attended church services at the 
                Brick Church in the fall of 1862 to recruit troops and 
                to invite everyone, African American and white, ``to 
                come to the camp . . . on New Year's Day, and join in 
                the grand celebration.'' This Emancipation Proclamation 
                celebration was particularly significant because it 
                occurred in Union-occupied territory in the South where 
                the provisions of the Proclamation would actually take 
                effect before the end of the war.

                Over five thousand people, including freed men, women, 
                and children, Union military officials, guest speakers, 
                and missionary teachers, gathered around the speakers' 
                platform built in a grove of live oaks near the Smith 
                plantation house. One of the majestic witness trees has 
                become known as the Emancipation Oak. Of all the 
                prayers, hymns, and speeches during the three-hour 
                ceremony, one of the most moving was the spontaneous 
                singing of ``My country, tis of thee; Sweet land of 
                liberty'' when the American flag was presented to 
                Higginson. As part of the celebration, the military had 
                prepared a feast of roasted oxen for all to enjoy.

                The town of Beaufort was the center of the County's 
                social, political, cultural, and economic life during 
                the Reconstruction Era. Before the Battle of Port Royal 
                Sound in November 1861, Beaufort was where the planters 
                spent the summer months in their grand homes. Beaufort 
                served as the depot for plantation supplies transported 
                there by steamship. The Old Beaufort Firehouse, built 
                around 1912, stands near the heart of Reconstruction 
                Era Beaufort, across the street from the Beaufort 
                Arsenal, and within walking distance of over fifty 
                historic places. The Beaufort Arsenal, the location 
                today of the Beaufort History Museum, was built in 
                1799, rebuilt in 1852, and renovated by the Works 
                Progress Administration in 1934, and served 
                historically as the home of the Beaufort Volunteer 
                Artillery Company that fought in the Revolutionary and 
                Civil Wars.

                Several historic Beaufort properties within walking 
                distance of the Firehouse are associated with Robert 
                Smalls, the most influential African American 
                politician in South Carolina during the Reconstruction 
                Era. Robert Smalls was born in Beaufort in 1839, the 
                son of slaves of the Henry McKee family. When Smalls 
                was twelve years old, his owner hired him out to work 
                in Charleston, where he learned to sail, rig, and pilot 
                ships. In May 1862, Smalls navigated the CSS Planter, a 
                Confederate ship, through Charleston harbor, past the 
                guns of Fort Sumter, and turned it over to Union 
                forces. This courageous escape made him an instant hero 
                for the Union, and he soon began working as a pilot for 
                the U.S. Navy. Smalls and his family used prize money 
                awarded for the Planter to purchase the house in 
                Beaufort once owned by the family that had owned him.

                In 1864, Smalls was named to a delegation of African 
                American South Carolinians to the Republican National 
                Convention in Baltimore, where the delegation 
                unsuccessfully petitioned the party to make African 
                American enfranchisement part of its platform. Elected 
                to the Beaufort County School Board in 1867, Smalls 
                began his advocacy for education as the key to African 
                American success in the new political and economic 
                order.

                In the years immediately following the end of the Civil 
                War, the United States fiercely debated issues critical 
                to Reconstruction. Southern Democrats tried to regain 
                the power they held before the Civil War. The 
                Republican majorities in the U.S. Congress rebuffed 
                them, and proceeded to pass legislation and 
                constitutional amendments to implement the principles 
                of the Union victory. In 1867, Congress passed the 
                Military Reconstruction Acts that called for military 
                administration of southern states and new state 
                constitutions. Voters elected Robert Smalls as a 
                delegate to the South Carolina Constitutional 
                Convention that met in Charleston in January 1868, 
                where

[[Page 6170]]

                he successfully advocated for public education with 
                compulsory attendance. The resulting constitution also 
                provided for universal male suffrage and racial, 
                political, and legal equality. In this new political 
                order, Robert Smalls was elected to the South Carolina 
                General Assembly from 1868 to 1874, first as a 
                representative and then as a senator. In 1874, Smalls 
                was elected to the U.S. House of Representatives, where 
                he served five terms.

                The success of Smalls and other African American 
                lawmakers who had been enslaved only a handful of years 
                before infuriated South Carolina's Democrats. Some of 
                them turned to violence, carried out by the Ku Klux 
                Klan and others. On more than one occasion, a homegrown 
                vigilante group known as the Red Shirts terrorized 
                Robert Smalls.

                As a result of the contested Presidential and South 
                Carolina gubernatorial elections of 1876, deals were 
                made that effectively ended political and military 
                Reconstruction in 1877. Smalls, however, continued to 
                serve in Congress until 1886. He then returned to 
                Beaufort, and served for many years as the 
                Presidentially appointed customs collector for the Port 
                of Beaufort.

                In 1895, Smalls was elected a delegate to his second 
                South Carolina Constitutional Convention. Twenty years 
                after Democrats had regained control of the State 
                government, they had figured out how to take back 
                African Americans' rights as citizens. Smalls spoke 
                eloquently at the Convention against this blow to 
                democracy and representative government, but ultimately 
                rights hard won three decades before were struck down. 
                South Carolina voters ratified a new constitution that 
                effectively eliminated African Americans from electoral 
                politics and codified racial segregation in law for 
                decades to come.

                Even as Jim Crow laws and customs limited political 
                participation and access to public accommodations, 
                African Americans maintained visions of freedom and 
                built strong community institutions. Ownership of land, 
                access to education, and churches and civic 
                organizations that took root during the Reconstruction 
                Era laid the foundation for the modern civil rights 
                movement.

                The many objects of historic interest described above 
                stand testament to the formative role of the 
                Reconstruction Era--and the enormous contributions of 
                those who made it possible--in our shared history.

                WHEREAS, section 320301 of title 54, United States Code 
                (known as the ``Antiquities Act''), authorizes the 
                President, 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 Federal Government to be 
                national monuments, and to reserve as a part thereof 
                parcels of land, the limits of which shall be confined 
                to the smallest area compatible with the proper care 
                and management of the objects to be protected;

                WHEREAS, the Beaufort National Historic Landmark 
                District, which contains many objects of historic 
                interest including the Old Beaufort Firehouse, was 
                designated in 1973; and the Penn School National 
                Historic Landmark District, which also contains many 
                objects of historic interest including Darrah Hall and 
                the Brick Baptist Church, was designated in 1974;

                WHEREAS, the Camp Saxton Site was listed in the 
                National Register of Historic Places in 1995;

                WHEREAS, portions of the former Camp Saxton Site are 
                located today on lands administered by the U.S. 
                Department of the Navy at Naval Support Facility 
                Beaufort, South Carolina;

                WHEREAS, Penn Center, Inc., has donated to the United 
                States fee title to Darrah Hall at Penn Center, St. 
                Helena Island, South Carolina, with appurtenant 
                easements, totaling approximately 3.78 acres of land 
                and interests in land;

[[Page 6171]]

                WHEREAS, Brick Baptist Church has donated to the United 
                States a historic preservation easement in the Brick 
                Baptist Church and associated cemetery located on St. 
                Helena Island, South Carolina, an interest in land of 
                approximately 0.84 acres;

                WHEREAS, the Paul H. Keyserling Revocable Trust and 
                Beaufort Works, LLC, have donated to the United States 
                fee title to the Old Beaufort Firehouse at 706 Craven 
                Street, Beaufort, South Carolina, approximately 0.08 
                acres of land;

                WHEREAS, the designation of a national monument to be 
                administered by the National Park Service would 
                recognize the historic significance of Brick Baptist 
                Church, Darrah Hall, Camp Saxton, and the Old Beaufort 
                Firehouse, and provide a national platform for telling 
                the story of Reconstruction;

                WHEREAS, it is in the public interest to preserve and 
                protect these sites;

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by the authority vested in me 
                by section 320301 of title 54, United States Code, 
                hereby proclaim the objects identified above that are 
                situated upon lands and interests in lands owned or 
                controlled by the Federal Government to be the 
                Reconstruction Era National Monument (monument) and, 
                for the purpose of protecting those objects, reserve as 
                a part thereof all lands and interests in lands owned 
                or controlled by the Federal Government within the 
                boundaries described on the accompanying map, which is 
                attached to and forms a part of this proclamation. The 
                reserved Federal lands and interests in lands encompass 
                approximately 15.56 acres. The boundaries described on 
                the accompanying map are confined to the smallest area 
                compatible with the proper care and management of the 
                objects to be protected.

                All Federal lands and interests in lands within the 
                boundaries described on the accompanying map are hereby 
                appropriated and withdrawn from all forms of entry, 
                location, selection, sale, or other disposition under 
                the public land laws, from location, entry, and patent 
                under the mining laws, and from disposition under all 
                laws relating to mineral and geothermal leasing.

                The establishment of the monument is subject to valid 
                existing rights. If the Federal Government acquires any 
                lands or interests in lands not owned or controlled by 
                the Federal Government within the boundaries described 
                on the accompanying map, such lands and interests in 
                lands shall be reserved as a part of the monument, and 
                objects identified above that are situated upon those 
                lands and interests in lands shall be part of the 
                monument, upon acquisition of ownership or control by 
                the Federal Government.

                The Secretary of the Interior shall manage the monument 
                through the National Park Service, pursuant to 
                applicable legal authorities, consistent with the 
                purposes and provisions of this proclamation. The 
                Secretary of the Interior shall prepare a management 
                plan within 3 years of the date of this proclamation, 
                with full public involvement, and to include 
                coordination with Penn Center, Inc., Brick Baptist 
                Church, the Department of the Navy, Atlantic Marine 
                Corps Communities, LLC, the City of Beaufort, and the 
                Town of Port Royal. The management plan shall ensure 
                that the monument fulfills the following purposes for 
                the benefit of present and future generations: (1) to 
                preserve and protect the objects of historic interest 
                associated with the monument, and (2) to interpret the 
                objects, resources, and values related to the 
                Reconstruction Era. The management plan shall, among 
                other things, set forth the desired relationship of the 
                monument to other related resources, programs, and 
                organizations, both within and outside the National 
                Park System.

                The Secretary of the Navy, or the Secretary of the 
                Navy's designee, shall continue to have management 
                authority over Department of the Navy lands within the 
                monument boundary at the Camp Saxton site, including 
                the authority to control access to these lands. The 
                Secretaries of the Navy

[[Page 6172]]

                and the Interior shall enter into a memorandum of 
                agreement that identifies and assigns the 
                responsibilities of each agency related to such lands, 
                the implementing actions required of each agency, and 
                the processes for resolving interagency disputes.

                The National Park Service is directed to use applicable 
                authorities to seek to enter into agreements with 
                others to address common interests and promote 
                management efficiencies, including provision of visitor 
                services, interpretation and education, establishment 
                and care of museum collections, and preservation of 
                historic objects.

                Given the location of portions of the monument on an 
                operating military facility, the following provisions 
                concern U.S. Armed Forces actions by a Military 
                Department, including those carried out by the United 
                States Coast Guard:

                    1. Nothing in this Proclamation precludes the 
                activities and training of the Armed Forces; however, 
                they shall be carried out in a manner consistent with 
                the care and management of the objects to the extent 
                practicable.
                    2. In the event of threatened or actual destruction 
                of, loss of, or injury to a monument resource or 
                quality resulting from an incident caused by a 
                component of the Department of Defense or any other 
                Federal agency, the appropriate Secretary or agency 
                head shall promptly coordinate with the Secretary of 
                the Interior for the purpose of taking appropriate 
                action to respond to and mitigate the harm and, if 
                possible, restore or replace the monument resource or 
                quality.
                    3. Nothing in this proclamation or any regulation 
                implementing it shall limit or otherwise affect the 
                U.S. Armed Forces' discretion to use, maintain, 
                improve, or manage any real property under the 
                administrative control of a Military Department or 
                otherwise limit the availability of such real property 
                for military mission purposes.

                Nothing in this proclamation shall be deemed to revoke 
                any existing withdrawal, reservation, or appropriation; 
                however, the monument shall be the dominant 
                reservation.

                Nothing in this proclamation shall be construed to 
                alter the authority or responsibility of any party with 
                respect to emergency response activities within the 
                monument.

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

[[Page 6173]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twelfth day of January, in the year of our Lord two 
                thousand seventeen, and of the Independence of the 
                United States of America the two hundred and forty-
                first.
                
                
                    (Presidential Sig.)

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[FR Doc. 2017-01363
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                                                                                                                                                                               6167

                                               Federal Register                                    Presidential Documents
                                               Vol. 82, No. 12

                                               Thursday, January 19, 2017



                                               Title 3—                                            Proclamation 9567 of January 12, 2017

                                               The President                                       Establishment of the Reconstruction Era National Monument


                                                                                                   By the President of the United States of America

                                                                                                   A Proclamation
                                                                                                   The Reconstruction Era, a period spanning the early Civil War years until
                                                                                                   the start of Jim Crow racial segregation in the 1890s, was a time of significant
                                                                                                   transformation in the United States, as the Nation grappled with the challenge
                                                                                                   of integrating millions of newly freed African Americans into its social,
                                                                                                   political, and economic life. It was in many ways the Nation’s Second
                                                                                                   Founding, as Americans abolished slavery and struggled earnestly, if not
                                                                                                   always successfully, to build a nation of free and equal citizens. During
                                                                                                   Reconstruction, Congress passed the Thirteenth, Fourteenth, and Fifteenth
                                                                                                   constitutional amendments that abolished slavery, guaranteed due process
                                                                                                   and equal protection under the law, and gave all males the ability to vote
                                                                                                   by prohibiting voter discrimination based on race, color, or previous condi-
                                                                                                   tion of servitude. Ultimately, the unmet promises of Reconstruction led
                                                                                                   to the modern civil rights movement a century later.
                                                                                                   The Reconstruction Era began when the first United States soldiers arrived
                                                                                                   in slaveholding territories, and enslaved people on plantations and farms
                                                                                                   and in cities escaped from their owners and sought refuge with Union
                                                                                                   forces or in free states. This happened in November 1861 in the Sea Islands
                                                                                                   or ‘‘Lowcountry’’ of southeastern South Carolina, and Beaufort County in
                                                                                                   particular. Just seven months after the start of the Civil War, Admiral Samuel
                                                                                                   F. DuPont led a successful attack on Port Royal Sound and brought a
                                                                                                   swath of this South Carolina coast under Union control. The white residents
                                                                                                   (less than twenty percent of the population), including the wealthy owners
                                                                                                   of rice and cotton plantations, quickly abandoned their country plantations
                                                                                                   and their homes in the town of Beaufort as Union forces came ashore.
                                                                                                   More than 10,000 African Americans—about one-third of the enslaved popu-
                                                                                                   lation of the Sea Islands at the time—refused to flee the area with their
                                                                                                   owners.
                                                                                                   Beaufort County became one of the first places in the United States where
                                                                                                   formerly enslaved people could begin integrating themselves into free society.
                                                                                                   While the Civil War raged in the background, Beaufort County became
                                                                                                   the birthplace of Reconstruction, or what historian Willie Lee Rose called
                                                                                                   a ‘‘rehearsal for Reconstruction.’’ With Federal forces in charge of the Sea
                                                                                                   Islands, the Department of the Treasury, with the support of President Lincoln
                                                                                                   and the War Department, decided to turn the military occupation into a
                                                                                                   novel social experiment, known as the Port Royal Experiment, to help former
                                                                                                   slaves become self-sufficient. They enlisted antislavery and religious societies
                                                                                                   in the North to raise resources and recruit volunteers for the effort. Missionary
                                                                                                   organizations headquartered in the Northeast established outposts in Beaufort
                                                                                                   County.
                                                                                                   In and around Beaufort County during Reconstruction, the first African
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                                                                                                   Americans enlisted as soldiers, the first African American schools were
                                                                                                   founded, early efforts to distribute land to former slaves took place, and
                                                                                                   many of the Reconstruction Era’s most significant African American politi-
                                                                                                   cians, including Robert Smalls, came to prominence. African American polit-
                                                                                                   ical influence and land ownership endured there long after setbacks in
                                                                                                   other regions. In short, events and people from Beaufort County illustrate


                                          VerDate Sep<11>2014   20:11 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4705   Sfmt 4790   E:\FR\FM\19JAD0.SGM   19JAD0


                                               6168              Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents

                                                                                                   the most important challenges of Reconstruction—crucial questions related
                                                                                                   to land, labor, education, and politics after the destruction of slavery—
                                                                                                   and some early hopeful efforts to address them. The significant historical
                                                                                                   events that transpired in Beaufort County make it an ideal place to tell
                                                                                                   stories of experimentation, potential transformation, hope, accomplishment,
                                                                                                   and disappointment. In Beaufort County, including St. Helena Island, the
                                                                                                   town of Port Royal, and the city of Beaufort, many existing historic objects
                                                                                                   demonstrate the transformative effect of emancipation and Reconstruction.
                                                                                                   Freed people hungered for education, as South Carolina had long forbidden
                                                                                                   teaching slaves to read and write. In 1862, Laura M. Towne and Ellen
                                                                                                   Murray from Pennsylvania were among the first northern teachers to arrive
                                                                                                   as part of the Port Royal Experiment. They established a partnership as
                                                                                                   educators at the Penn School on St. Helena Island that lasted for four
                                                                                                   decades. Charlotte Forten, a well-educated African American woman from
                                                                                                   a prominent abolitionist family in Philadelphia, joined the faculty later
                                                                                                   that year. The first classes for the former slaves were held at The Oaks
                                                                                                   plantation house, headquarters of the occupying U.S. military forces in the
                                                                                                   region. In 1863, Murray and Towne moved their school into Brick Church,
                                                                                                   a Baptist church near the center of the island. In the spring of 1864, sup-
                                                                                                   porters in Philadelphia purchased school buildings for Towne and Murray,
                                                                                                   and construction of Penn School began across the field from Brick Church
                                                                                                   on 50 acres of property donated by Hastings Gantt, an African American
                                                                                                   landowner.
                                                                                                   Penn School helped many African Americans gain self-respect and self-
                                                                                                   reliance and integrate into free society. Towne and Murray strove to provide
                                                                                                   an education comparable to that offered in the best northern schools. The
                                                                                                   faculty also provided other support, including medical care, social services,
                                                                                                   and employment assistance. Penn School would evolve into the Penn Center
                                                                                                   in the 20th century, and remain a crucial place for education, community,
                                                                                                   and political organizing for decades to come. As a meeting place in the
                                                                                                   1950s and 60s for civil rights leaders, including Dr. Martin Luther King,
                                                                                                   Jr., and the staff of the Southern Christian Leadership Conference, this
                                                                                                   historic place links the democratic aspirations of Reconstruction to those
                                                                                                   of the modern civil rights movement. Darrah Hall is the oldest standing
                                                                                                   structure on the site of the Penn School grounds. Students and community
                                                                                                   members built it around 1903, during the transition in the South from
                                                                                                   the Reconstruction Era to an era of racial segregation and political disenfran-
                                                                                                   chisement.
                                                                                                   The Brick Church where Towne and Murray held classes in 1863–64 is
                                                                                                   today the oldest church on St. Helena Island. Once freed from their owners,
                                                                                                   African Americans in Beaufort County wanted to worship in churches and
                                                                                                   join organizations they controlled. The Brick Church—also known as the
                                                                                                   Brick Baptist Church—was built by slaves in 1855 for the white planters
                                                                                                   on St. Helena Island. When the white population fled from the Sea Islands
                                                                                                   in 1861, the suddenly freed African Americans made the church their own.
                                                                                                   The Brick Church has been a place of worship and gathering ever since,
                                                                                                   and continues to serve the spiritual needs of the community to this day.
                                                                                                   Camp Saxton in Port Royal—formerly the site of a plantation owned by
                                                                                                   John Joyner Smith—is where the First South Carolina Regiment Volunteers
                                                                                                   mustered into the U.S. Army and trained from November 1862 to January
                                                                                                   1863. In August 1862, U.S. Brigadier General Rufus Saxton, the military
                                                                                                   governor of the abandoned plantations in the Department of the South,
                                                                                                   received permission to recruit five thousand African Americans, mostly
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                                                                                                   former slaves, into the Union Army. The former slaves assumed that military
                                                                                                   service would lead to rights of citizenship. Saxton selected Captain Thomas
                                                                                                   Wentworth Higginson of the 51st Massachusetts, a former Unitarian minister,
                                                                                                   abolitionist, and human rights activist, to command the regiment. An impor-
                                                                                                   tant ally of Higginson and the African American troops was Harriet Tubman,
                                                                                                   the famed conductor on the Underground Railroad, who in May of 1862


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                                                                 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents                      6169

                                                                                                   arrived in Beaufort as part of the Port Royal Experiment and who served
                                                                                                   skillfully as a nurse at Camp Saxton.
                                                                                                   Camp Saxton was also the location of elaborate and historic ceremonies
                                                                                                   on January 1, 1863, to announce and celebrate the issuance of the Emanci-
                                                                                                   pation Proclamation, which freed all slaves in states then ‘‘in rebellion’’
                                                                                                   against the United States. General Saxton himself had attended church serv-
                                                                                                   ices at the Brick Church in the fall of 1862 to recruit troops and to invite
                                                                                                   everyone, African American and white, ‘‘to come to the camp . . . on
                                                                                                   New Year’s Day, and join in the grand celebration.’’ This Emancipation
                                                                                                   Proclamation celebration was particularly significant because it occurred
                                                                                                   in Union-occupied territory in the South where the provisions of the Procla-
                                                                                                   mation would actually take effect before the end of the war.
                                                                                                   Over five thousand people, including freed men, women, and children,
                                                                                                   Union military officials, guest speakers, and missionary teachers, gathered
                                                                                                   around the speakers’ platform built in a grove of live oaks near the Smith
                                                                                                   plantation house. One of the majestic witness trees has become known
                                                                                                   as the Emancipation Oak. Of all the prayers, hymns, and speeches during
                                                                                                   the three-hour ceremony, one of the most moving was the spontaneous
                                                                                                   singing of ‘‘My country, tis of thee; Sweet land of liberty’’ when the American
                                                                                                   flag was presented to Higginson. As part of the celebration, the military
                                                                                                   had prepared a feast of roasted oxen for all to enjoy.
                                                                                                   The town of Beaufort was the center of the County’s social, political, cultural,
                                                                                                   and economic life during the Reconstruction Era. Before the Battle of Port
                                                                                                   Royal Sound in November 1861, Beaufort was where the planters spent
                                                                                                   the summer months in their grand homes. Beaufort served as the depot
                                                                                                   for plantation supplies transported there by steamship. The Old Beaufort
                                                                                                   Firehouse, built around 1912, stands near the heart of Reconstruction Era
                                                                                                   Beaufort, across the street from the Beaufort Arsenal, and within walking
                                                                                                   distance of over fifty historic places. The Beaufort Arsenal, the location
                                                                                                   today of the Beaufort History Museum, was built in 1799, rebuilt in 1852,
                                                                                                   and renovated by the Works Progress Administration in 1934, and served
                                                                                                   historically as the home of the Beaufort Volunteer Artillery Company that
                                                                                                   fought in the Revolutionary and Civil Wars.
                                                                                                   Several historic Beaufort properties within walking distance of the Firehouse
                                                                                                   are associated with Robert Smalls, the most influential African American
                                                                                                   politician in South Carolina during the Reconstruction Era. Robert Smalls
                                                                                                   was born in Beaufort in 1839, the son of slaves of the Henry McKee family.
                                                                                                   When Smalls was twelve years old, his owner hired him out to work
                                                                                                   in Charleston, where he learned to sail, rig, and pilot ships. In May 1862,
                                                                                                   Smalls navigated the CSS Planter, a Confederate ship, through Charleston
                                                                                                   harbor, past the guns of Fort Sumter, and turned it over to Union forces.
                                                                                                   This courageous escape made him an instant hero for the Union, and he
                                                                                                   soon began working as a pilot for the U.S. Navy. Smalls and his family
                                                                                                   used prize money awarded for the Planter to purchase the house in Beaufort
                                                                                                   once owned by the family that had owned him.
                                                                                                   In 1864, Smalls was named to a delegation of African American South
                                                                                                   Carolinians to the Republican National Convention in Baltimore, where the
                                                                                                   delegation unsuccessfully petitioned the party to make African American
                                                                                                   enfranchisement part of its platform. Elected to the Beaufort County School
                                                                                                   Board in 1867, Smalls began his advocacy for education as the key to
                                                                                                   African American success in the new political and economic order.
                                                                                                   In the years immediately following the end of the Civil War, the United
                                                                                                   States fiercely debated issues critical to Reconstruction. Southern Democrats
                                                                                                   tried to regain the power they held before the Civil War. The Republican
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                                                                                                   majorities in the U.S. Congress rebuffed them, and proceeded to pass legisla-
                                                                                                   tion and constitutional amendments to implement the principles of the
                                                                                                   Union victory. In 1867, Congress passed the Military Reconstruction Acts
                                                                                                   that called for military administration of southern states and new state
                                                                                                   constitutions. Voters elected Robert Smalls as a delegate to the South Carolina
                                                                                                   Constitutional Convention that met in Charleston in January 1868, where


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                                               6170              Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents

                                                                                                   he successfully advocated for public education with compulsory attendance.
                                                                                                   The resulting constitution also provided for universal male suffrage and
                                                                                                   racial, political, and legal equality. In this new political order, Robert Smalls
                                                                                                   was elected to the South Carolina General Assembly from 1868 to 1874,
                                                                                                   first as a representative and then as a senator. In 1874, Smalls was elected
                                                                                                   to the U.S. House of Representatives, where he served five terms.
                                                                                                   The success of Smalls and other African American lawmakers who had
                                                                                                   been enslaved only a handful of years before infuriated South Carolina’s
                                                                                                   Democrats. Some of them turned to violence, carried out by the Ku Klux
                                                                                                   Klan and others. On more than one occasion, a homegrown vigilante group
                                                                                                   known as the Red Shirts terrorized Robert Smalls.
                                                                                                   As a result of the contested Presidential and South Carolina gubernatorial
                                                                                                   elections of 1876, deals were made that effectively ended political and
                                                                                                   military Reconstruction in 1877. Smalls, however, continued to serve in
                                                                                                   Congress until 1886. He then returned to Beaufort, and served for many
                                                                                                   years as the Presidentially appointed customs collector for the Port of Beau-
                                                                                                   fort.
                                                                                                   In 1895, Smalls was elected a delegate to his second South Carolina Constitu-
                                                                                                   tional Convention. Twenty years after Democrats had regained control of
                                                                                                   the State government, they had figured out how to take back African Ameri-
                                                                                                   cans’ rights as citizens. Smalls spoke eloquently at the Convention against
                                                                                                   this blow to democracy and representative government, but ultimately rights
                                                                                                   hard won three decades before were struck down. South Carolina voters
                                                                                                   ratified a new constitution that effectively eliminated African Americans
                                                                                                   from electoral politics and codified racial segregation in law for decades
                                                                                                   to come.
                                                                                                   Even as Jim Crow laws and customs limited political participation and
                                                                                                   access to public accommodations, African Americans maintained visions
                                                                                                   of freedom and built strong community institutions. Ownership of land,
                                                                                                   access to education, and churches and civic organizations that took root
                                                                                                   during the Reconstruction Era laid the foundation for the modern civil
                                                                                                   rights movement.
                                                                                                   The many objects of historic interest described above stand testament to
                                                                                                   the formative role of the Reconstruction Era—and the enormous contributions
                                                                                                   of those who made it possible—in our shared history.
                                                                                                   WHEREAS, section 320301 of title 54, United States Code (known as the
                                                                                                   ‘‘Antiquities Act’’), authorizes the President, in his discretion, to declare
                                                                                                   by public proclamation historic landmarks, historic and prehistoric struc-
                                                                                                   tures, and other objects of historic or scientific interest that are situated
                                                                                                   upon the lands owned or controlled by the Federal Government to be national
                                                                                                   monuments, and to reserve as a part thereof parcels of land, the limits
                                                                                                   of which shall be confined to the smallest area compatible with the proper
                                                                                                   care and management of the objects to be protected;
                                                                                                   WHEREAS, the Beaufort National Historic Landmark District, which contains
                                                                                                   many objects of historic interest including the Old Beaufort Firehouse, was
                                                                                                   designated in 1973; and the Penn School National Historic Landmark District,
                                                                                                   which also contains many objects of historic interest including Darrah Hall
                                                                                                   and the Brick Baptist Church, was designated in 1974;
                                                                                                   WHEREAS, the Camp Saxton Site was listed in the National Register of
                                                                                                   Historic Places in 1995;
                                                                                                   WHEREAS, portions of the former Camp Saxton Site are located today
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                                                                                                   on lands administered by the U.S. Department of the Navy at Naval Support
                                                                                                   Facility Beaufort, South Carolina;
                                                                                                   WHEREAS, Penn Center, Inc., has donated to the United States fee title
                                                                                                   to Darrah Hall at Penn Center, St. Helena Island, South Carolina, with
                                                                                                   appurtenant easements, totaling approximately 3.78 acres of land and inter-
                                                                                                   ests in land;


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                                                                 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents                      6171

                                                                                                   WHEREAS, Brick Baptist Church has donated to the United States a historic
                                                                                                   preservation easement in the Brick Baptist Church and associated cemetery
                                                                                                   located on St. Helena Island, South Carolina, an interest in land of approxi-
                                                                                                   mately 0.84 acres;
                                                                                                   WHEREAS, the Paul H. Keyserling Revocable Trust and Beaufort Works,
                                                                                                   LLC, have donated to the United States fee title to the Old Beaufort Firehouse
                                                                                                   at 706 Craven Street, Beaufort, South Carolina, approximately 0.08 acres
                                                                                                   of land;
                                                                                                   WHEREAS, the designation of a national monument to be administered
                                                                                                   by the National Park Service would recognize the historic significance of
                                                                                                   Brick Baptist Church, Darrah Hall, Camp Saxton, and the Old Beaufort
                                                                                                   Firehouse, and provide a national platform for telling the story of Reconstruc-
                                                                                                   tion;
                                                                                                   WHEREAS, it is in the public interest to preserve and protect these sites;
                                                                                                   NOW, THEREFORE, I, BARACK OBAMA, President of the United States
                                                                                                   of America, by the authority vested in me by section 320301 of title 54,
                                                                                                   United States Code, hereby proclaim the objects identified above that are
                                                                                                   situated upon lands and interests in lands owned or controlled by the
                                                                                                   Federal Government to be the Reconstruction Era National Monument (monu-
                                                                                                   ment) and, for the purpose of protecting those objects, reserve as a part
                                                                                                   thereof all lands and interests in lands owned or controlled by the Federal
                                                                                                   Government within the boundaries described on the accompanying map,
                                                                                                   which is attached to and forms a part of this proclamation. The reserved
                                                                                                   Federal lands and interests in lands encompass approximately 15.56 acres.
                                                                                                   The boundaries described on the accompanying map are confined to the
                                                                                                   smallest area compatible with the proper care and management of the objects
                                                                                                   to be protected.
                                                                                                   All Federal lands and interests in lands within the boundaries described
                                                                                                   on the accompanying map are hereby appropriated and withdrawn from
                                                                                                   all forms of entry, location, selection, sale, or other disposition under the
                                                                                                   public land laws, from location, entry, and patent under the mining laws,
                                                                                                   and from disposition under all laws relating to mineral and geothermal
                                                                                                   leasing.
                                                                                                   The establishment of the monument is subject to valid existing rights. If
                                                                                                   the Federal Government acquires any lands or interests in lands not owned
                                                                                                   or controlled by the Federal Government within the boundaries described
                                                                                                   on the accompanying map, such lands and interests in lands shall be reserved
                                                                                                   as a part of the monument, and objects identified above that are situated
                                                                                                   upon those lands and interests in lands shall be part of the monument,
                                                                                                   upon acquisition of ownership or control by the Federal Government.
                                                                                                   The Secretary of the Interior shall manage the monument through the Na-
                                                                                                   tional Park Service, pursuant to applicable legal authorities, consistent with
                                                                                                   the purposes and provisions of this proclamation. The Secretary of the
                                                                                                   Interior shall prepare a management plan within 3 years of the date of
                                                                                                   this proclamation, with full public involvement, and to include coordination
                                                                                                   with Penn Center, Inc., Brick Baptist Church, the Department of the Navy,
                                                                                                   Atlantic Marine Corps Communities, LLC, the City of Beaufort, and the
                                                                                                   Town of Port Royal. The management plan shall ensure that the monument
                                                                                                   fulfills the following purposes for the benefit of present and future genera-
                                                                                                   tions: (1) to preserve and protect the objects of historic interest associated
                                                                                                   with the monument, and (2) to interpret the objects, resources, and values
                                                                                                   related to the Reconstruction Era. The management plan shall, among other
                                                                                                   things, set forth the desired relationship of the monument to other related
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                                                                                                   resources, programs, and organizations, both within and outside the National
                                                                                                   Park System.
                                                                                                   The Secretary of the Navy, or the Secretary of the Navy’s designee, shall
                                                                                                   continue to have management authority over Department of the Navy lands
                                                                                                   within the monument boundary at the Camp Saxton site, including the
                                                                                                   authority to control access to these lands. The Secretaries of the Navy


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                                               6172              Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents

                                                                                                   and the Interior shall enter into a memorandum of agreement that identifies
                                                                                                   and assigns the responsibilities of each agency related to such lands, the
                                                                                                   implementing actions required of each agency, and the processes for resolving
                                                                                                   interagency disputes.
                                                                                                   The National Park Service is directed to use applicable authorities to seek
                                                                                                   to enter into agreements with others to address common interests and pro-
                                                                                                   mote management efficiencies, including provision of visitor services, inter-
                                                                                                   pretation and education, establishment and care of museum collections,
                                                                                                   and preservation of historic objects.
                                                                                                   Given the location of portions of the monument on an operating military
                                                                                                   facility, the following provisions concern U.S. Armed Forces actions by
                                                                                                   a Military Department, including those carried out by the United States
                                                                                                   Coast Guard:
                                                                                                     1. Nothing in this Proclamation precludes the activities and training of
                                                                                                   the Armed Forces; however, they shall be carried out in a manner consistent
                                                                                                   with the care and management of the objects to the extent practicable.
                                                                                                     2. In the event of threatened or actual destruction of, loss of, or injury
                                                                                                   to a monument resource or quality resulting from an incident caused by
                                                                                                   a component of the Department of Defense or any other Federal agency,
                                                                                                   the appropriate Secretary or agency head shall promptly coordinate with
                                                                                                   the Secretary of the Interior for the purpose of taking appropriate action
                                                                                                   to respond to and mitigate the harm and, if possible, restore or replace
                                                                                                   the monument resource or quality.
                                                                                                     3. Nothing in this proclamation or any regulation implementing it shall
                                                                                                   limit or otherwise affect the U.S. Armed Forces’ discretion to use, maintain,
                                                                                                   improve, or manage any real property under the administrative control of
                                                                                                   a Military Department or otherwise limit the availability of such real property
                                                                                                   for military mission purposes.
                                                                                                   Nothing in this proclamation shall be deemed to revoke any existing with-
                                                                                                   drawal, reservation, or appropriation; however, the monument shall be the
                                                                                                   dominant reservation.
                                                                                                   Nothing in this proclamation shall be construed to alter the authority or
                                                                                                   responsibility of any party with respect to emergency response activities
                                                                                                   within the monument.
                                                                                                   Warning is hereby given to all unauthorized persons not to appropriate,
                                                                                                   injure, destroy, or remove any feature of this monument and not to locate
                                                                                                   or settle upon any of the lands thereof.
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                                                                 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents                      6173

                                                                                                   IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day
                                                                                                   of January, in the year of our Lord two thousand seventeen, and of the
                                                                                                   Independence of the United States of America the two hundred and forty-
                                                                                                   first.




                                               Billing code 3295–F7–P
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                                                                                                                                                                                      OB#1.EPS</GPH>




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6174      Federal Register/Vol. 82, No. 12 /Thursday, January 19, 2017 /Presidential Documents




                                                                                                      ; Boat Basin




                                                                 \ # ons O mant 0 mae $ ons 0 ts 4 cone

                                               &fl moum 0 moun 0 esn 0 poene menQ rne mond Heng can e ong melt Eund melq    Gelq   bn




       [14L7) U.S. Owned (+/— 10.86 acres)                                                                                               VICINITY MAP..___
       §:m§ National Monument Boundary
         # mamm®©


                                                                                                                           Burton
                                                                                                                                       reaufort
       OFFICE: Land Resources Program Center                                                                              gys*"
       REGION: Southeast Region
       PARK: REER
       TOTAL ACREAGE: +/— 14.18 acres
                                                                                                                                                          5t Helena
                                                                                                                                                           d seq s
                                                                                                                          # Point
       MAP NUMBER: 550/135,757
       DATE: January 2017
       PAGE: 4 of 4

       250             0             250                500                                                                              2        4   3


       Federal Register/Vol. 82, No. 12 /Thursday, January 19, 2017 /Presidential Documents                                                                          6175




                                                                                                      &t Helena




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                                                                 Brick Baptist

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                                                           |




                                     Darrah Hal




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m U.S. Easement (+/— 1.5 acres)
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              | National Monument Boundary
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                                                                                                                  Burton
                                                                                                                                                      auteort
  OFFICE: Land Resources Program Center
  REGION: Southeast Region
  PARK: REER
  TOTAL ACREAGE: +/ §50.73 acres

                                                                                                              1 Poingt
  MAP NUMBER: 550/135,756
                                                                                                                                            Port Roy al
  OATE: January 2017
  PAGE: 3 of 4
 600                0              600    1,200
                                     mcooo——Feet


6176          Federal Register/Vol. 82, No. 12 /Thursday, January 19, 2017 /Presidential Documents




                                          Old Beaufort |
                                              Firehouse   _\




       @ U.S. Owned (+/— 0.08 acres)
       © moun @ cecel



                        National Monument Boundary
                                                                                  comnatcns

                                                                     "Bu rton
                                                                                    *&& }s {lert
        OFFICE: Land Resources Program Center
                                                                   i
                                                                   @&\gfi%
        REGION: Southeast Region
        PARK: REER
        TOTAL ACREAGE: +/— 0.08 acres
                                                                                                   8t Héenas

         MAP NUMBER: 550/135,755                                   r&i Point

                                                                                Paort Royal
         DATE: January 2017
         PAGE: 2 of 4

       230                  0           230           460


                    Federal Register/Vol. 82, No. 12 /Thursday, January 19, 2017 /Presidential Documents                                                     6177




                                     Old Beaufort
                                     Firehouse
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                                                                                                              Brick Baptist
                                                                                                            ? Church
                                  Camp Saxton l                                  Darrah Hall   St Helena




                         Shell Point

                                                               Port Royal




                       National Monument Sites
                                                                                                    .

                                                                                                        _              VICINITY MAp Ralash   3   sinly

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               REGION: Southeast Region
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               PARK: REER                                                                                                                    !,r"‘"
               TOTAL ACREAGE: +/— 64.99 acres


               MAP NUMBER: 550/135,753
               DATE: January 2017
               PAGE: 1 of 4

              1.5             0              1.5




[FR Doc. 2017—01363

Filed 1—18—17; 8:45 a.m.]

Billing code 4310—10—C



Document Created: 2018-02-01 15:15:57
Document Modified: 2018-02-01 15:15:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionPresidential Documents
FR Citation82 FR 6167 

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