[USC10] 36 USC Ch. 3: NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, AND TREE
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36 USC Ch. 3: NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, AND TREE
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONSSubtitle I—Patriotic and National Observances and CeremoniesPart A—Observances and Ceremonies

CHAPTER 3—NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM, MARCH, AND TREE

Sec.
301.
National anthem.
302.
National motto.
303.
National floral emblem.
304.
National march.
305.
National tree.

        

Amendments

2014Pub. L. 113–237, §3(c)(1), Dec. 18, 2014, 128 Stat. 2840, substituted "FLORAL EMBLEM, MARCH" for "FLORAL EMBLEM MARCH" in chapter heading.

2004Pub. L. 108–447, div. J, title I, §109(b)(2), (3), Dec. 8, 2004, 118 Stat. 3344, substituted "MARCH, AND TREE" for ", AND MARCH" in chapter heading and added item 305.

National Bison Legacy

Pub. L. 114–152, May 9, 2016, 130 Stat. 373, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Bison Legacy Act'.

"SEC. 2. FINDINGS.

"Congress finds that—

"(1) bison are considered a historical symbol of the United States;

"(2) bison were integrally linked with the economic and spiritual lives of many Indian tribes through trade and sacred ceremonies;

"(3) there are more than 60 Indian tribes participating in the Intertribal Buffalo Council;

"(4) numerous members of Indian tribes are involved in bison restoration on tribal land;

"(5) members of Indian tribes have a combined herd on more than 1,000,000 acres of tribal land;

"(6) the Intertribal Buffalo Council is a tribal organization incorporated pursuant to section 17 of the Act of June 18, 1934 (commonly known as the 'Indian Reorganization Act') (25 U.S.C. 477) [now 25 U.S.C. 5124];

"(7) bison can play an important role in improving the types of grasses found in landscapes to the benefit of grasslands;

"(8) a small group of ranchers helped save bison from extinction in the late 1800s by gathering the remnants of the decimated herds;

"(9) bison hold significant economic value for private producers and rural communities;

"(10) according to the 2012 Census of Agriculture of the Department of Agriculture, as of 2012, 162,110 head of bison were under the stewardship of private producers, creating jobs and providing a sustainable and healthy meat source contributing to the food security of the United States;

"(11) on December 8, 1905, William Hornaday, Theodore Roosevelt, and others formed the American Bison Society in response to the near extinction of bison in the United States;

"(12) on October 11, 1907, the American Bison Society sent 15 captive-bred bison from the New York Zoological Park, now known as the 'Bronx Zoo', to the first wildlife refuge in the United States, which was known as the 'Wichita Mountains Wildlife Refuge', resulting in the first successful reintroduction of a mammal species on the brink of extinction back into the natural habitat of the species;

"(13) in 2005, the American Bison Society was reestablished, bringing together bison ranchers, managers from Indian tribes, Federal and State agencies, conservation organizations, and natural and social scientists from the United States, Canada, and Mexico to create a vision for the North American bison in the 21st century;

"(14) there are bison herds in National Wildlife Refuges and National Parks;

"(15) there are bison in State-managed herds across 11 States;

"(16) there is a growing effort to celebrate and officially recognize the historical, cultural, and economic significance of the North American bison to the heritage of the United States;

"(17) a bison is portrayed on 2 State flags;

"(18) the bison has been adopted by 3 States as the official mammal or animal of those States;

"(19) a bison has been depicted on the official seal of the Department of the Interior since 1912;

"(20) the buffalo nickel played an important role in modernizing the currency of the United States;

"(21) several sports teams have the bison as a mascot, which highlights the iconic significance of bison in the United States;

"(22) in the 2nd session of the 113th Congress, 22 Senators led a successful effort to enact a resolution to designate November 1, 2014, as the third annual National Bison Day; and

"(23) members of Indian tribes, bison producers, conservationists, sportsmen, educators, and other public and private partners have participated in the annual National Bison Day celebration at several events across the United States and are committed to continuing this tradition annually on the first Saturday of November.

"SEC. 3. ESTABLISHMENT AND ADOPTION OF THE NORTH AMERICAN BISON AS THE NATIONAL MAMMAL.

"(a) In General.—The mammal commonly known as the 'North American bison' is adopted as the national mammal of the United States.

"(b) Rule of Construction.—Nothing in this Act or the adoption of the North American bison as the national mammal of the United States shall be construed or used as a reason to alter, change, modify, or otherwise affect any plan, policy, management decision, regulation, or other action by the Federal Government."

§301. National anthem

(a) Designation.—The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b) Conduct During Playing.—During a rendition of the national anthem—

(1) when the flag is displayed—

(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and


(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110–417, [div. A], title V, §595, Oct. 14, 2008, 122 Stat. 4475.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
301(a) 36:170. Mar. 3, 1931, ch. 436, 46 Stat. 1508.
301(b) 36:171. June 22, 1942, ch. 435, §6, 56 Stat. 380; Dec. 22, 1942, ch. 806, §6, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(18), 90 Stat. 812.

Amendments

2008—Subsec. (b)(1)(A) to (C). Pub. L. 110–417 added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:

"(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;

"(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and

"(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and".

§302. National motto

"In God we trust" is the national motto.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 107–293, §3(a), Nov. 13, 2002, 116 Stat. 2060.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
302 36:186. July 30, 1956, ch. 795, 70 Stat. 732.

Amendments

2002Pub. L. 107–293 reenacted section catchline and text without change.

Reaffirmation of Language

Pub. L. 107–293, §3(b), Nov. 13, 2002, 116 Stat. 2061, provided that: "In codifying this subsection [probably should be "section", meaning section 3 of Pub. L. 107–293, which amended this section], the Office of the Law Revision Counsel shall make no change in section 302, title 36, United States Code, but shall show in the historical and statutory notes that the 107th Congress reaffirmed the exact language that has appeared in the Motto for decades."

§303. National floral emblem

The flower commonly known as the rose is the national floral emblem.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
303 36:187. Oct. 7, 1986, Pub. L. 99–449, 100 Stat. 1128.

The text of 36:187 (words after comma) is omitted as executed because the proclamation was made on November 20, 1986. See Proclamation No. 5574, 51 Fed. Reg. 42197.

Proc. No. 5574. The Rose Proclaimed the National Floral Emblem of the United States of America

Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided:

Americans have always loved the flowers with which God decorates our land. More often than any other flower, we hold the rose dear as the symbol of life and love and devotion, of beauty and eternity. For the love of man and woman, for the love of mankind and God, for the love of country, Americans who would speak the language of the heart do so with a rose.

We see proofs of this everywhere. The study of fossils reveals that the rose has existed in America for age upon age. We have always cultivated roses in our gardens. Our first President, George Washington, bred roses, and a variety he named after his mother is still grown today. The White House itself boasts a beautiful Rose Garden. We grow roses in all our fifty States. We find roses throughout our art, music, and literature. We decorate our celebrations and parades with roses. Most of all, we present roses to those we love, and we lavish them on our altars, our civil shrines, and the final resting places of our honored dead.

The American people have long held a special place in their hearts for roses. Let us continue to cherish them, to honor the love and devotion they represent, and to bestow them on all we love just as God has bestowed them on us.

The Congress, by Senate Joint Resolution 159 [Pub. L. 99–449, now this section], has designated the rose as the National Floral Emblem of the United States and authorized and requested the President to issue a proclamation declaring this fact.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, do hereby proclaim the rose as the National Floral Emblem of the United States of America.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.

Ronald Reagan.      

§304. National march

The composition by John Philip Sousa entitled "The Stars and Stripes Forever" is the national march.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
304 36:188. Dec. 11, 1987, Pub. L. 100–186, 101 Stat. 1286.

§305. National tree

The tree genus Quercus, commonly known as the oak tree, is the national tree.

(Added Pub. L. 108–447, div. J, title I, §109(a), Dec. 8, 2004, 118 Stat. 3344.)