US (United States) Code. Title 16. Chapter 1: National Parks, Military, Monuments and Seashores

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS,

MONUMENTS, AND SEASHORES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

.

-HEAD-

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

-MISC1-

SUBCHAPTER I - NATIONAL PARK SERVICE

Sec.

1. Service created; director; other employees.

1a. Repealed.

1a-1. National Park System: administration; declaration

of findings and purpose.

1a-2. Secretary of the Interior's authorization of

activities.

1a-3. Legislative jurisdiction; relinquishment by

Secretary; submittal of proposed agreement to

Congressional committees; concurrent legislative

jurisdiction.

1a-4. Uniform allowance.

1a-5. Additional areas for National Park System.

1a-6. Law enforcement personnel within National Park

System.

1a-7. National Park System development program.

1a-7a. National Park System crime prevention assistance.

1a-8. Maintenance management system.

1a-9. Periodic review of National Park System.

1a-10. Consultation with affected agencies and

organizations.

1a-11. Contents of report.

1a-12. Evaluation of proposed boundary changes.

1a-13. Proposals for boundary changes.

1a-14. National Park System advisory committees.

1b. Secretary of the Interior's authorization of

additional activities; administration of National

Park System.

1c. General administration provisions; system defined;

particular areas.

1d. Appropriations.

1e. National Capital region arts and cultural affairs;

grant program.

1f. Challenge cost-share agreement authority.

1g. Cooperative agreements.

2. National parks, reservations, and monuments;

supervision.

3. Rules and regulations of national parks,

reservations, and monuments; timber; leases.

3a. Recovery of costs associated with special use

permits.

3b. Maintenance and repair of Government improvements

under concession contracts.

4. Rights-of-way through public lands.

5. Rights-of-way through parks or reservations for

power and communications facilities.

6. Donations of lands within national parks and

monuments and moneys.

6a, 7. Repealed.

7a. Airports in national parks, monuments and

recreation areas; construction, etc.

7b. Acquisition of lands for airport use; contracts for

operation and maintenance.

7c. Authorization to sponsor airport projects; use of

funds.

7d. Jurisdiction over airports; public operation.

7e. Definitions.

8. Roads and trails in national parks and monuments;

construction, etc.

8-1. Repealed.

8a. National-park approach roads; designation.

8b. National-park approach roads and roads and trails

within national parks and national monuments;

construction, improvement, and maintenance;

appropriation.

8c. National-park approach roads across or within

national forests; approval of Secretary of

Agriculture.

8d. National-monument approach roads.

8e. Conveyance to States of roads leading to certain

historical areas; conditions; jurisdiction.

8f. Roads leading to certain historical areas;

''State'' defined.

9. Repealed.

9a. Government of parks, etc.; violation of regulations

as misdemeanor.

10, 10a. Repealed.

11. Medical attention for employees.

12. Aid to visitors in emergencies.

13. Medical attention to employees at isolated places;

removal of bodies for burial.

14. Repealed.

14a. Appropriations; availability for printing

information and signs.

14b. Credits of receipts for meals and quarters

furnished Government employees in the field.

14c. Availability for expense of recording donated

lands.

14d. Use of funds for law enforcement and emergencies.

14e. Contribution for annuity benefits.

15. Appropriations for purchase of equipment;

waterproof footwear.

16. Central warehouses at parks and monuments;

maintenance; purchase of supplies and materials;

distribution.

17. Personal equipment and supplies for employees;

purchase by Secretary of the Interior; deductions

from moneys due employees.

17a. Repealed.

17b. Services or other accommodations for public;

contracts; rates.

17b-1. Repealed.

17c. Procurement of supplies, materials, and special

services to aid permittees and licensees in

emergencies; authority of Secretary of the

Interior.

17d. Omitted.

17e. Care and removal of indigents; disposition of dead

persons.

17f. Property of employee lost, damaged, or destroyed

while in use on official business; reimbursement

of employee.

17g. Equipment required by field employees; by whom

furnished and maintained.

17h. Hire, rental, and purchase of property of

employees; when authorized.

17i. Hire of work animals, vehicles and equipment with

or without personal services; rates.

17j. Traveling expenses of National Park System

employees and dependents of deceased employees.

17j-1. Omitted.

17j-2. Authorization of appropriations for road

maintenance and repair; administrative expenses;

lectures, investigations, telephone service, etc.

17k. Park, parkway and recreational-area programs; study

by National Park Service; consent of States;

purpose; cooperation of government agencies.

17l. Coordination; planning by States with aid of

National Park Service.

17m. Consent of Congress to agreements between States;

when agreements effective.

17n. ''State'' defined.

17o. National Park Service housing improvement.

18. Promotion of tourist travel.

18a. Cooperation with travel agencies; publication of

information.

18b. Advisory committee for promotion of tourist travel;

expenses.

18c. Rules and regulations; employees.

18d. Authorization of appropriations.

18e. Repealed.

18f. Management of museum properties.

18f-1. Disposal of unnecessary or duplicate museum

objects; use of proceeds.

18f-2. Additional functions.

18f-3. Application and definitions.

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

18g. Creation of program.

18h. Incidental expenses.

18i. Federal employee status for volunteers.

18j. Authorization of appropriations.

SUBCHAPTER III - NATIONAL PARK FOUNDATION

19 to 19d. Repealed.

19e. Congressional statement of purpose; establishment

of Foundation.

19f. Board: membership, term of office, vacancies,

Chairman, Secretary, non-Federal office, quorum,

seal, meetings, compensation, traveling and

subsistence expenses; Foundation as successor to

right, title, and interest of National Park Trust

Fund Board in property or funds; abolition and

repeal of National Park Trust Fund and Board

provisions.

19g. Gifts, devises, or bequests; restriction; real

property interests; property with encumbrances,

restrictions, or subject to beneficial interests

of private persons.

19h. Property and income dealings and transactions;

prohibition of engagement in business; trust

company type of investments; utilization of

services and facilities of Federal agencies

without reimbursement; transfer instrument

requirements and investments.

19i. Corporate succession; powers and duties of trustee;

suits; personal liability for malfeasance.

19j. Authority for execution of contracts, instruments,

and necessary or appropriate acts.

19k. Bylaws, rules, and regulations; contracts for

services.

19l. Tax exemptions; contributions toward costs of local

government; contributions, gifts, or transfers to

or for use of United States.

19m. Liability of United States.

19n. Omitted.

19o. Promotion of local fundraising support.

SUBCHAPTER III-A - NATIONAL PARK SYSTEM VISITOR FACILITY

19aa to 19gg. Omitted.

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

19jj. Definitions.

19jj-1. Liability.

19jj-2. Actions.

19jj-3. Use of recovered amounts.

19jj-4. Donations.

SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND

SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE

20 to 20g. Repealed.

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

21. Establishment; boundaries; trespassers.

21a. Revision of boundaries; contiguous national

forests; jurisdiction of forests.

21b. Extension of certain laws to park.

21c. Section 485 as extending to revised boundaries;

lands acquired by exchange.

21d. Existing claims, locations, and entries as affected

by revised boundaries.

22. Control of park by Secretary of the Interior;

removal of trespassers.

23. Detail of troops for protection of park.

24. Jurisdiction over park; fugitives from justice.

25. Repealed.

26. Regulations for hunting and fishing in park;

punishment for violations; forfeitures.

27 to 29. Repealed.

30. Jail building; office of magistrate judge.

30a. Existing laws as affected.

31. Repealed.

32. Lease of lands within park.

33. Mortgages by lessees within the park.

34. Road extensions.

35. Private use of electricity from lighting and power

plant.

36. Disposition of surplus elk, buffalo, bear, beaver,

and predatory animals.

36a. Disposition of surplus elk.

37. Provision of feed and range facilities for game

animals.

38. Exchange for State or private lands authorized.

39. Reservation of timber, minerals, or easements by

owners on exchange.

40. Additions to park; entry under other acts.

40a. Educational facilities for dependents of employees;

payments to school districts; limitation on

amount.

40b. Cooperative agreements with States or local

agencies; expansion; Federal contributions.

40c. Creation of special fund; expenditure.

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

41. Sequoia National Park; establishment; boundaries;

trespassers.

42. Repealed.

43. Sequoia National Park; rules and regulations;

leases; fish and game; trespassers.

44, 45. Transferred.

45a. Sequoia National Park; revision of boundaries.

45a-1. Addition of lands authorized.

45a-2. Exchange of certain lands for lands conveyed to

United States.

45a-3. Repealed.

45b. Rules and regulations; leases; fish and game.

45c. Prior claims, locations, and entries; permits for

use of natural resources.

45d. Exclusive privileges within park prohibited.

45e. Violations of park regulations; penalty.

45f. Mineral King Valley addition authorized.

45g. Addition to Sequoia National Park.

46. Yosemite National Park; lands segregated from and

included in Sierra National Forest; rights-of-way

over.

47. Additional lands excluded from Yosemite National

Park and added to Sierra National Forest.

47-1. Administrative site for Yosemite National Park.

47-2. Leases for employee housing, community facilities,

administrative offices, maintenance facilities,

and commercial services at or on administrative

site.

47-3. Use of proceeds; administration of leases.

47-4. Agreements to effectuate leases.

47-5. Regulations.

47-6. Conflicts of interest prohibited.

47a. Addition of certain lands to park authorized.

47b. Inapplicability of certain laws to lands acquired

under section 47a.

47c. Acquisition of certain lands for preservation and

consolidation of timber stands.

47d. Acquisition of certain lands for protection of park

deer.

47e. Purchase of private lands for park authorized.

47f. Inapplicability of certain laws to lands acquired

under section 47e.

48. Yosemite Valley and Mariposa Big Tree Grove

reserved and made part of Yosemite National Park.

49. Rights of claimants and owners of lands included;

laws and regulations applicable within park.

50. Repealed.

51. Yosemite National Park; exchange of privately owned

lands in park.

52. Values of lands and timber to be exchanged; lands

added to park.

53. Cutting and removal of timber.

54. Sale of matured, dead, or down timber.

55. Leases of land in park; mortgages by lessees.

56. Repealed.

57. Yosemite and Sequoia National Parks; exclusive

jurisdiction of United States; jurisdiction

remaining in and taxation by California.

58. Laws applicable; fugitives from justice.

59. Repealed.

60. Hunting or fishing prohibited.

61. Rules and regulations in parks.

62. Possession of dead bodies of birds or animals.

63. Transportation of birds, animals, or fish;

violations of statute or rules or regulations for

management, care, and preservation of parks;

damage or spoliation; punishment.

64. Sale or disposal of timber; destruction of

detrimental animal or plant life.

65. Seizure and forfeiture of guns, traps, teams,

horses, etc.

66 to 77. Repealed.

78. Detail of troops to Sequoia and Yosemite Parks.

79. Rights-of-way for public utilities.

79-1. Yosemite National Park; expansion of reservoir

capacity.

SUBCHAPTER VII - REDWOOD NATIONAL PARK

79a. Establishment; statement of purposes.

79b. Park area.

79c. Acquisition of land.

79c-1. Vesting in United States of all right, title, etc.,

in real property and down tree personal property

in additional lands; effective date;

authorization of appropriations.

79d. Acquisition of lands.

79e. Exchange of property; cash equalization payments;

commercial operations, minimum economic

dislocation and disruption.

79f. Transfer of property from Federal agency to

administrative jurisdiction of Secretary.

79g. Contract authorization within prescribed cost

limits; installments: duration, interest;

provisions for payment of judgments and

compromise settlements applicable to judgments

against United States.

79h. Memorial groves named for benefactors.

79i. Administration.

79j. Authorization of appropriations.

79k. Mitigation of adverse economic impacts to local

economy resulting from additional lands; analysis

of Federal actions necessary or desirable;

consultations and considerations by Secretaries

concerned; reports to Congress; implementation of

programs; funding requirements.

79l. Employment of personnel for rehabilitation,

protection, and improvements of additional lands.

79m. Annual reporting requirements; contents;

comprehensive general management plan; submission

date and scope.

79n. Authorization of appropriations for rehabilitation

programs.

79o. Repealed.

79p. Community services and employment opportunities of

Redwoods United, Inc. to be maintained at present

rate of employment.

79q. Pledge of full faith and credit of United States

for payment of compensation for lands, etc.,

taken.

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

80. Establishment; boundaries; preservation of rights

of citizens.

80a. General Grant National Park abolished; lands added

to Kings Canyon National Park.

80a-1. Lands excluded from Kings Canyon National Park and

added to Sequoia National Forest.

80a-2. Lands excluded from Sequoia National Forest and

added to Kings Canyon National Park.

80a-3. Lands excluded from Sierra National Forest and

Sequoia National Forest and added to Kings Canyon

National Park.

80b. Administration for public recreational purposes.

80c. Motor-vehicle licenses for Sequoia National Park as

applicable; limitation of privileges within park.

80d. Administration, protection, and development.

80d-1. Use of appropriations for road construction.

80e to 80h. Repealed.

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

81. Establishment; statement of purposes.

81a. Location and boundaries.

81b. Revision of boundaries.

81c. Addition of lands.

81d. Addition of lands.

81e. Acquisition of property; condemnation proceedings.

81f. Authorization of appropriation.

81g. Administration, protection, and development.

81h. Civil and criminal jurisdiction; legislative

authority of State over park.

81i. Donation of buildings thereafter revenue producing;

disposition of proceeds.

81j. Transfer of lands to Secretary of Navy.

81k. Exchange of lands.

81l. Additional exchange of lands.

81m. Additional exchange of lands.

81n. Transfer of lands for State Park.

81o. Transfer of administrative jurisdiction over land.

81p. Property transfers.

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

90. Establishment; statement of purposes; description

of area.

90a. Ross Lake National Recreation Area; establishment;

statement of purposes; description of area.

90a-1. Lake Chelan National Recreation Area;

establishment; statement of purposes; description

of area.

90b. Land acquisition; authority of Secretary; manner

and place; donation of State lands; transfer to

administrative jurisdiction of Secretary;

elimination of lands from national forests.

90b-1. Exchange of property; cash equalization payments.

90b-2. Owner's retention of right of use and occupancy for

agricultural, residential, or commercial purposes

for life or term of years; transfer or assignment

of right; termination of use and occupancy for a

contrary use and upon payment of sum for

unexpired right.

90c. Administration.

90c-1. Administration of recreation areas.

90d. Distributive share of counties of receipts for

schools and roads unaffected.

90d-1. Contracts, leases, permits, or licenses for

occupation or use of Federal lands in the park or

recreation areas; continuation of privileges for

original or extended term.

90d-2. State rights or privileges in property within

recreation area used for certain highway

unaffected.

90d-3. Administration of areas designated for public use

facilities or for administrative purposes by

Secretaries of the Interior and Agriculture; plan

for construction of such facilities.

90d-4. Federal Power Act administrative jurisdiction

unaffected.

90d-5. Authorization of appropriations.

90e. Pasayten Wilderness, Okanogan and Mount Baker

National Forests; designation; abolition of North

Cascades Primitive Area classification.

90e-1. Glacier Peak Wilderness, Wenatchee and Mount Baker

National Forests; extension of boundaries.

90e-2. Map and legal description, filing with

Congressional committees; correction of errors;

applicability of Wilderness Act.

90e-3. Area review; report to the President.

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

91. Establishment; boundaries; trespassers.

92. Control; regulations; grants for buildings;

rights-of-way; fish and game; removal of

trespassers.

92a. Rights-of-way for railways, tramways, and cable

lines.

93. Grant of prior lands to Northern Pacific Railroad;

lieu lands to settlers.

94. Location of mining claims.

95. Jurisdiction by the United States; fugitives from

justice.

96, 97. Repealed.

98. Protection of game and fish; forfeitures and

punishments.

99. Forfeitures and seizures of guns, traps, teams,

etc.

100 to 106. Repealed.

107. Boundary changed.

108. Other laws extended to added lands.

109. Additional lands.

110. Laws and regulations applicable to added lands;

free use of roads maintained by State.

110a. Headquarters site; acquisition of lands.

110b. Administration of headquarters site.

110c. Boundary adjustments.

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

111. Establishment; boundaries.

111a. Authorization for acquisition of additional lands.

111b. Donations or exchanges of lands.

111c. Revision of boundaries; vested rights;

administration.

111d. Acquisition of lands within boundaries of park.

111e. Authorization of appropriations.

112. Control; regulations; prehistoric ruins.

113. Examinations, excavations, and gathering objects of

interest.

114. Removal, disturbance, destruction, or molestation

of ruins.

115. Leases and permits; prehistoric ruins not included.

115a. Mineral resources; exploitation.

116. Repealed.

117. Exclusive jurisdiction ceded to United States by

Colorado; saving provisions; fugitives from

justice.

117a, 117b. Repealed.

117c. Hunting and fishing; general rules and regulations;

protection of property; violation of statutes and

rules; penalties.

117d. Forfeiture of property used for unlawful purpose.

117e to 117j. Repealed.

118. Appropriations; availability for operation of

Aileen Nusbaum Hospital.

SUBCHAPTER XIII - PETRIFIED FOREST NATIONAL PARK

119. Establishment; notice in Federal Register;

administration; exchange and acquisition of

lands; remaining funds.

119a. Boundaries.

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

121. Establishment; boundaries.

121a. Repealed.

122. Control; regulations.

122a. Water quality of Crater Lake; studies and

investigations; report to Congress.

123. Settlement, residence, lumbering, or business

within park punishable; admission of visitors.

124. Jurisdiction by the United States; fugitives from

justice.

125, 126. Repealed.

127. Hunting and fishing; rules and regulations;

punishment.

128. Forfeitures or seizures of guns, traps, teams,

etc., for violating regulations.

129 to 135. Repealed.

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

141. Establishment; boundaries.

141a. Revision of boundaries.

141b. Wind Cave National Game Preserve transferred to

park.

141c. Disposal of surplus buffalo and elk.

142. Control; regulations.

143, 144. Repealed.

145. Exchange of lands.

146. Offenses within park.

SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

151. Acquisition; payment.

152. Additional land withdrawn; payment; management and

control; regulations; sale of improvements;

penalties; town lots.

153. Existing laws unaffected by admission of Oklahoma;

rights and jurisdiction of United States;

indemnity school lands.

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

156. Establishment; boundaries.

157. Acquisition of lands.

157a. Additional lands; aggregate cost.

157b. Additional lands within park boundaries.

157c. Boundary revision; acquisition of lands and

interests; authorization of appropriations.

157d. Additional boundary revision; acquisition of lands

and interests.

158. Administration, protection, and development.

158a to 158d. Repealed.

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

159. Establishment; boundaries.

159a. Acceptance of donations.

159b. Administration, protection, and development.

159c. Completion of establishment.

159d. Acceptance of General Philip Schuyler Mansion

property.

159e. Revision of boundary; additional acreage;

authorization of appropriations.

159f. Enactment of revision.

159g. Acquisition of lands.

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

160. Congressional declaration of purpose.

160a. Establishment; notice in Federal Register; donation

of lands; acquisition by purchase of other lands.

160a-1. Boundaries.

160b. Acquisition of lands; lands outside of boundaries;

transfer of Federal property within boundaries to

administrative jurisdiction of Secretary;

consideration by Secretary of offers to sell

property within park area.

160c. Acquisition of improved property.

160d. Concession contracts with former owners of

commercial, recreational, resort, or similar

properties within park boundaries.

160e. Payment of value differential by Secretary to owner

of commercial timberlands exchanging lands for

State lands outside of park; determination of

value; prerequisites.

160f. Administration.

160g. Designation by Secretary of recreational fishing

zones; consultation with appropriate State

agency; continuation of seining of fish to secure

eggs for propagation.

160h. Programs for development of area for recreational

sports activities.

160i. Applicability to treaties, orders, or agreements.

160j. Roads accessible to public facilities.

160k. Funding and other requirements.

SUBCHAPTER XX - GLACIER NATIONAL PARK

161. Establishment; boundaries; trespassers; claims and

rights under land laws not affected; reclamation

projects; indemnity selections of lands.

161a. Part of Waterton-Glacier International Peace Park.

161b. Designation for purposes of administration,

promotion, development, and support.

161c. Addition of land; establishment of fish hatchery.

161d. Elimination of fish hatchery; transfer of

administration of hatchery to Fish and Wildlife

Service.

161e. Additional lands, buildings, or other real and

personal property.

162. Control; regulations; leases; sale and removal of

timber.

162a. Summer homes and cottages.

163. Jurisdiction by the United States; fugitives from

justice.

164. Eliminating private holdings of lands; timber or

public lands of equal value in exchange.

165. Value of lands sought to be exchanged.

166. Exchange of timber for private holdings;

valuations.

167. Removal of timber.

167a. Exchange of lands and other property.

168, 169. Repealed.

170. Hunting and fishing; regulations; punishment.

171. Forfeitures and seizures of guns, traps, teams,

etc.

172 to 177. Repealed.

178. Hotel regulations.

179. Donations of buildings and other property.

180 to 181b. Repealed or Omitted.

SUBCHAPTER XXI - ROCKY MOUNTAIN NATIONAL PARK

191. Establishment; boundaries; reclamation project.

192. Boundaries enlarged.

192a. Boundaries revised; excluded lands transferred.

192b. Addition of lands.

192b-1. Exchange of lands.

192b-2. Addition of lands.

192b-3. Acquisition of lands.

192b-4. Acquisition of property to connect certain roads

and to develop residential, utility, and

administrative units.

192b-5. Inclusion of acquired lands; rules and regulations.

192b-6. Exchange of lands.

192b-7. Revision of boundaries.

192b-8. Description of parcels of land.

192b-9. Rocky Mountain National Park, Roosevelt National

Forest, and the Arapaho National Forest.

192b-10. Boundary adjustment for Rocky Mountain National

Park and Roosevelt National Forest.

192c. Vested rights.

193. Claims and rights under land laws not affected;

rights-of-way for irrigation and other purposes.

194. Lands held in private, municipal, or State

ownership not affected.

195. Control; regulations; leases; sale and removal of

timber.

195a. North St. Vrain Creek and adjacent lands.

196. Use for Arbuckle Reservoir.

197. Applicability of other laws.

198. Exclusive jurisdiction; assumption by United

States; saving provisions.

198a, 198b. Repealed.

198c. Prohibited acts; rules and regulations; penalties

for offenses.

198d. Forfeiture of property used in commission of

offenses.

198e to 198j. Repealed.

SUBCHAPTER XXII - LASSEN VOLCANIC NATIONAL PARK

201. Establishment; boundaries; trespassers; entries

under land laws; indemnity lands.

201a. Revision of boundaries.

201b. Sections applicable to lands within revised

boundaries.

202. Control; rules and regulations; fish and game;

leases; automobiles; stock grazing.

202a. Summer homes and cottages.

203. Sale and removal of timber; charges for leases and

privileges.

204. Exclusive jurisdiction ceded to United States by

California.

204a, 204b. Repealed.

204c. Hunting and fishing; general rules and regulations;

protection of property; violation of statutes and

rules; penalties.

204d. Forfeiture of property used for unlawful purposes.

204e to 204j. Repealed.

204k. Addition of lands.

204l. Application of Federal Power Act.

204m. Vested rights.

205. Additional lands for administrative headquarters

site.

205a. Sections made applicable to additional lands.

206. Exchange of lands within exterior boundaries;

removal of timber.

207. Exchange of certain lands; adjustment of boundary.

207a. Application of Federal Power Act to lands acquired

under section 207.

207b. Exchange of lands with California; adjustment of

boundary.

207c. Additional lands from Lassen National Forest;

authorization for road.

SUBCHAPTER XXIII - ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORIC

SITE

211. Acceptance of title; terms and conditions;

admission fees.

212. Endowment fund; protection and preservation.

213. Execution of instruments necessary to carry out

purposes of gift.

214. Rules and regulations.

215. Improvements and preservation of lands and

buildings.

216. Authorization of appropriation.

217. Change in name of Abraham Lincoln National Park.

217a. Change in name of Abraham Lincoln National

Historical Park.

218. Addition of land.

218a. Abraham Lincoln Birthplace National Historic Site,

Kentucky.

SUBCHAPTER XXIV - GRAND CANYON NATIONAL PARK

221. Establishment; boundaries.

221a. Boundary changed.

221b. Various laws made applicable to added lands.

221c. Exchange of lands.

221d. Relinquishment of interest in road.

221e. Additional lands.

222. Administration, concessions, and privileges;

contracts for sale of water.

223. Repealed.

224. Entries under land laws; toll road.

225. Laws applicable; easements and rights-of-ways.

226. Omitted.

227. Utilization of areas for Government reclamation

projects.

228. Buildings on privately owned lands.

228a. Enlargement of boundaries; statement of purpose.

228b. Composition of park.

228c. Acquisition of lands within enlarged boundaries by

donation, purchase, or exchange; transfer of

jurisdiction over Federal lands.

228d. Acquisition of State of Arizona or local lands by

donation or exchange; approval for transfer to

United States of Indian trust lands.

228e. Cooperative agreements for protection and unified

interpretation of enlarged park; scope of

agreements.

228f. Preservation and renewal of existing grazing rights

within enlarged boundaries; term of renewal.

228g. Aircraft or helicopter regulation within enlarged

boundaries; procedure for promulgation of

administrative rules and regulations.

228h. Construction with existing Colorado River system

reclamation provisions.

228i. Havasupai Indian Reservation.

228i-1. Report to President.

228j. Authorization of appropriations; availability of

sums.

SUBCHAPTER XXV - JEAN LAFITTE NATIONAL HISTORICAL PARK

PART A - GENERALLY

230. Establishment; description of area.

230a. Acquisition of property.

230b. Owner's retention of right of use and occupancy for

residential purposes for life or fixed term of

years; election of term; fair market value;

transfer, assignment or termination; ''improved

property'' defined.

230c. Cooperative agreements; specific provisions.

230d. Hunting, fishing, and trapping; public safety;

consultation.

230e. Establishment; notice in Federal Register;

administration.

230f. Delta Region Preservation Commission.

230g. Authorization of appropriations; general management

plan; submission to Congressional committees.

230h. Change in name of Chalmette National Historical

Park.

230i. Report to Congressional committees.

PART B - CHALMETTE UNIT

231. Establishment; description of area.

231a. Additional lands.

231b. Acceptance of donations.

231c. Administration, protection, and development.

231d. Repeal of inconsistent laws.

SUBCHAPTER XXVI - THEODORE ROOSEVELT NATIONAL PARK

241. Establishment; boundaries; maintenance of roads.

241a. Extension of boundaries.

241b. Exchange of lands.

241c. Additional extension of lands.

241d. Exclusion of lands.

241e. Authority to make further adjustments.

241f. Extension of exchange authority.

241g. Change in name of Theodore Roosevelt National

Memorial Park.

242. Condemnation of land; acceptance of donations.

243. Exchange of lands.

244. Construction of log buildings; limitation on cost.

245. Administration, protection, and development.

246. Repealed.

247. Homestead, mineral, and other rights unaffected.

SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK

251. Establishment; boundaries.

251a. Additional lands.

251b. Exchange of lands.

251c. Administration of acquired lands.

251d. Applicability to privately owned lands.

251e. Boundary revision.

251f. Consultation by Secretary with Governor, local

officials, and affected landowners; notice to

Congressional committees; publication in Federal

Register.

251g. Land acquisition; study and investigation of use of

private lands; transmittal to President and

Congress; transfer of lands to Secretary of

Agriculture; excluded property within Indian

reservation; continuation of concession

contracts; termination of concession contracts

and purchase of possessory interest; Indian

hunting and fishing rights.

251h. Property retention rights; compensation at fair

market value; ''improved property'' defined.

251i. Land acquisition of privately owned land; report to

Congress; condemnation proceedings; compensation.

251j. Property retention rights of landowners; use and

occupancy improvements; plan to be submitted to

Secretary; approval evidenced by issuance of

permit and certificate; limitation on acquisition

power of Secretary.

251k. Economic dislocation in land acquisition; exchange

of lands; transfers of land within a national

forest; concurrence of Secretary of Agriculture.

251l. Retrocession of lands to State; Quileute Indian

Reservation jurisdiction; concurrent legislative

jurisdiction with State.

251m. Authorization of appropriations.

251n. Additional boundary revision.

252. Disposal of mineral rights.

253. Apportionment of income among counties.

254. Administration, protection, and development.

255. Effect on existing homestead, mineral, etc.,

entries; revision of boundaries.

256. Acceptance of land ceded by State of Washington;

assumption of jurisdiction.

256a. Repealed.

256b. Hunting and fishing; general rules and regulations;

protection of property; violation of statutes or

rules; penalties.

256c. Forfeiture of property used in hunting, fishing,

etc.

256d to 256h. Repealed.

256i. Notice to Governor of Washington; application of

laws to subsequently accepted lands.

SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK

261. Establishment; description of area.

262. Total area; consent of Congress to acquisition of

lands and property and transfer thereof to United

States.

263. Acceptance of donations.

264. Administration, protection, and development.

265. Addition of lands.

266. Authorization of appropriations for acquisition of

additional lands.

267. Authority of Secretary to acquire additional lands.

268. Authority of Secretary to acquire lands for

trailheads.

SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK

271. Establishment; description of area.

271a. Acquisition of lands; authority of Secretary;

exchange of property; cash equalization payments;

transfer from Federal agency to administrative

jurisdiction of Secretary; lands subject to

reclamation and power withdrawals.

271b. Grazing privileges; right of occupancy or use for

fixed term of years; renewal.

271c. Access roads.

271d. Administration, protection, and development.

271e. Report to President.

271f. Omitted.

271g. Authorization of appropriations.

SUBCHAPTER XXX - ARCHES NATIONAL PARK

272. Establishment of park.

272a. Acquisition of property.

272b. Livestock grazing.

272c. Livestock trails, watering rights; driveway

designation and regulation.

272d. Administration, protection, and development; report

to President.

272e. Omitted.

272f. Authorization of appropriations.

272g. Land exchange involving school trust land.

SUBCHAPTER XXXI - CAPITOL REEF NATIONAL PARK

273. Establishment.

273a. Acquisition of property; authority of Secretary;

State property.

273b. Grazing privileges; right of occupancy or use for

fixed term of years; renewal.

273c. Livestock trails, watering rights; driveway

regulations.

273d. Administration, protection, and development.

273e. Omitted.

273f. Authorization of appropriations.

SUBCHAPTER XXXII - NEZ PERCE NATIONAL HISTORICAL PARK

281. Purpose.

281a. Designation.

281b. Acquisition of lands; restrictions; tribal-owned

lands.

281c. Inclusion of lands.

281d. Establishment; notice in Federal Register;

administration.

281e. Contracts and cooperative agreements with State of

Idaho, and others.

281f. Authorization of appropriations.

SUBCHAPTER XXXIII - SAN JUAN ISLAND NATIONAL HISTORICAL PARK

282. Acquisition of property; purpose; authority of

Secretary; manner and place; donation of State

lands.

282a. Designation; administration, protection, and

development.

282b. Cooperative agreements with State of Washington and

others; erection and maintenance of tablets or

markers.

282c. Authorization of appropriations.

SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK

283. Establishment; purposes; boundaries.

283a. Acquisition of lands.

283b. Establishment; notice in Federal Register; property

rights.

283c. Administration.

283d. Availability of funds.

283e. Authorization of appropriations; expenditure for

improvements limitation.

SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS

284. Establishment; statement of purposes; description;

acquisition of property; acreage limitation.

284a. Administration.

284b. Authorization of appropriations.

284c. Financial assistance for reconstruction of Center.

284d. Cooperative agreement with Foundation for

presentation of programs.

284e. Vested property of United States; status of

Foundation.

284f. Repealed.

284g. Cooperation of government agencies.

284h. General management plan; preparation and revision;

submittal to Congressional committees.

284i. Authorization of additional appropriations.

284j. Definitions.

284k. References.

SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK

291. Establishment; acceptance of land.

291a. Cooperative agreements with property owners of

non-Federal property.

291b. Administration, protection, development, and

maintenance.

SUBCHAPTER XXXVII - ACADIA NATIONAL PARK

341. Establishment; description of area.

342. Administration, protection, and promotion.

342a. Extension of boundary limits.

342b. Lafayette National Park name changed to Acadia

National Park; land unaffected by Federal Power

Act.

343. Acceptance of property on Mount Desert Island.

343a. Naval radio station, Seawall, Maine, as addition to

park.

343b. Addition of lands.

343c. Exchange of lands; Jackson Memorial Laboratory.

343c-1. Exchange of lands; Mount Desert Island Regional

School District.

343c-2. Addition of lands; Jackson Laboratory.

343c-3. Conveyance of land; Jackson Laboratory.

343c-4. Exchange of lands; Rich property.

343d. Exclusion of lands; disposal as surplus property.

SUBCHAPTER XXXVIII - ZION NATIONAL PARK

344. Establishment; maintenance.

345. Administration, protection, and promotion.

346. Exchange of lands.

346a. Extension of boundaries.

346a-1. Addition of lands.

346a-2. Acquisition of lands; administration.

346a-3. Exchange of lands; construction of interchange.

346a-4. Boundary revision

346a-5. Zion National Park boundary adjustment.

346b. Consolidation of Zion National Park and Zion

National Monument.

346c. Administration.

346d. Use of funds.

346e. Authorization for park facilities to be located

outside boundaries of Zion National Park.

SUBCHAPTER XXXIX - DENALI NATIONAL PARK

347. Establishment; boundaries.

348. Entries under land laws not affected.

349. Rights-of-way.

350, 350a. Repealed.

351. Control; rules and regulations.

352. Game refuge; killing game.

353. Leases.

353a. Repealed.

354. Offenses; punishment.

355. Change of boundaries.

355a. Laws applicable to added lands.

SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

361. Establishment; supply of water; free baths for

indigent; dedication to United States.

361a. Additions to park.

361b. Additions to park.

361c. Additions to park.

361c-1. Omitted.

361d. Additions to park.

361e. Acceptance of donations.

361f. Exchange of lands.

361g. Modification of park boundary.

362. Leases of bathhouses and sites; supply of water.

363. Rules and regulations.

364. Investigation of applicant for lease or contract.

365. Taxation, under State laws.

366. Collection of water on reservation.

367. Sale of lots.

368. Operation of bathhouse in connection with hotel.

369. Charges assessable against bath attendants and

masseurs and physicians prescribing use of hot

waters.

370. Omitted.

370a. Retention of Arlington Hotel site for park and

landscape purposes.

371. Use of free bathhouses limited.

372. Laws operative within judicial district of

Arkansas.

372a. Acceptance of jurisdiction over part of park;

application of laws.

373. Injuries to property.

374. Taking or use of or bathing in water in violation

of rules and regulations.

375 to 383. Repealed.

SUBCHAPTER XLI - HAWAII NATIONAL PARK

391. Establishment; boundaries.

391a. Boundary on island of Maui changed.

391b. Extension of boundaries.

391b-1. Laws applicable to added lands.

391c. Withdrawal of lands for use as bombing target

range.

391d. Change in name of part of Hawaii National Park.

392. Acquisition of privately owned lands.

392a. Provisions of section 392 extended to additional

lands.

392b. Conveyance of added lands to United States by

Governor.

392c. Addition to Hawaii Volcanoes National Park.

393. Entries under land laws; rights-of-way; lands

excluded.

394. Control; rules and regulations; leases;

appropriations.

395. Exclusive jurisdiction in United States;

exceptions; laws applicable; fugitives from

justice.

395a, 395b. Repealed.

395c. Hunting and fishing; general rules and regulations;

protection of property; violation of statutes and

rules; penalties.

395d. Forfeiture of property used for unlawful purposes.

395e to 395j. Repealed.

396. Additional lands; acceptance of title.

396a. Lease of lands to native Hawaiians, residence

requirements; fishing.

SUBCHAPTER XLII - HALEAKALAAE8 NATIONAL PARK

396b. Establishment; boundaries; administration.

396c. Land acquisition; authorization of appropriations.

SUBCHAPTER XLII-A - KALOKO-HONOKOAE8HAU NATIONAL HISTORICAL PARK

396d. Establishment.

396e. Exchange of lands.

396f. Acquisition of private lands; creation of surplus

property accounts; transfer and sale of accounts.

SUBCHAPTER XLIII - PUUHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK

397. Establishment; boundaries.

397a. Establishment; notice in Federal Register.

397b. Procurement of lands.

397c. Acquisition of lands by Governor of the Territory

of Hawaii.

397d. Administration.

SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK

398. Establishment; administration.

398a. Conditions and limitations.

398b. Repealed.

398c. Addition of lands.

398d. Acquisition of lands, waters, and interests

therein.

398e. Bathing and fishing rights protected.

398f. Authorization of appropriations for acquisitions,

grants, etc.

SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK

401. Establishment; boundaries; administration.

402. Existing claims, locations, or entries not

affected; exchange of lands.

402a. Utah National Park; change of name to Bryce Canyon

National Park.

402b. Additions to park.

402c. Further additions to park.

402d. Extension of boundaries; laws applicable.

402e. Application of Federal Power Act.

402f. Further additions to park.

402g. Elimination of lands.

SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY

MOUNTAINS NATIONAL PARK

403. Establishment; boundaries.

403-1. Addition of lands to Shenandoah National Park.

403-2. Exchange of lands within Shenandoah National Park.

403-3. Addition of lands to Shenandoah National Park;

administration.

403a. Acceptance of title to lands.

403b. Administration, protection, and development;

Federal Power Act inapplicable; minimum area.

403c. Use of existing commission.

403c-1. Respective jurisdiction of Virginia and United

States over lands in Shenandoah Park.

403c-2. Repealed.

403c-3. Criminal offenses concerning hunting, fishing, and

property.

403c-4. Forfeiture of property used in commission of

offenses.

403c-5 to 403c-11. Repealed.

403d. Lease of lands within Shenandoah National Park and

Great Smoky Mountains National Park.

403e. Acceptance of title to lands; reservations; leases;

rights-of-way and easements.

403f. Great Smoky Mountains National Park; extension of

boundaries.

403g. Establishment; minimum area.

403g-1. Exchange of lands.

403h. Inclusion of acquired lands.

403h-1. Acceptance of jurisdiction by United States; saving

provisions.

403h-2. Repealed.

403h-3. Hunting, fishing, etc.; rules and regulations;

protection of property; penalties for violating

laws and rules.

403h-4. Forfeiture of property used in commission of

offenses.

403h-5 to 403h-9. Repealed.

403h-10. Notice to Governors of North Carolina and

Tennessee; application of sections 403h-3 and

403h-4 to subsequent lands accepted.

403h-11. Further additions for construction of scenic

parkway.

403h-12. Entrance road to Cataloochee section.

403h-13. Authorization of appropriations.

403h-14. Authorization to transfer additional lands for

scenic parkway.

403h-15. Conveyances to Tennessee of lands within Great

Smoky Mountains National Park.

403h-16. Reconveyance of rights-of-way and lands for control

of landslides along Gatlinburg Spur of the

Foothills Parkway; conditions.

403h-17. Elimination of lands from Great Smoky Mountains

National Park and Gatlinburg Spur of the

Foothills Parkway.

403i. Secretary of the Interior authorized to purchase

necessary lands.

403j. Authorization of appropriation.

403k. Boundary between Great Smoky Mountains National

Park and Cherokee-Pisgah-Nantahala National

Forests.

403k-1. Laws applicable.

403k-2. Addition of lands to Great Smoky Mountains National

Park.

403k-3. Palmer's Chapel in Cataloochee Valley of Great

Smoky Mountains National Park; protection and

continued use; communication of Chapel history to

visitors.

SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK

404. Establishment; boundaries.

404a. Acceptance of title to lands.

404b. Administration, protection, and development;

Federal Power Act inapplicable; minimum area.

404b-1. Exclusion of Great Onyx and Crystal Caves.

404b-2. Eventual acquisition of Great Onyx and Crystal

Caves; cooperation with State of Kentucky.

404c. Omitted.

404c-1. Acceptance of cession by United States;

jurisdiction.

404c-2. Fugitives from justice.

404c-3. Criminal offenses concerning hunting, fishing, and

property; prima facie evidence; rules and

regulations.

404c-4. Forfeiture of property used in commission of

offenses.

404c-5 to 404c-9. Repealed.

404c-10. Notice of assumption of police jurisdiction by

United States; acceptance by Secretary of further

cessions.

404c-11. Secretary of the Interior authorized to acquire

additional lands; appropriation; approval of

title.

404c-12. Entrance roads.

404d. Acceptance of title to lands; reservations; leases;

rights-of-way and easements.

404e. Donations of money; acquisition of title to lands.

404f. Acquisition of additional lands.

SUBCHAPTER XLVIII - COOS COUNTY, OREGON

405. Reservation for park and camp sites.

405a. Rules and regulations; fees.

SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK

406 to 406d. Repealed.

406d-1. Establishment; boundaries; administration.

406d-2. Rights-of-way; continuation of leases, permits, and

licenses; renewal; grazing privileges.

406d-3. Compensation for tax losses; limitation on annual

amount.

406d-4. Acceptance of other lands by Secretary of the

Interior.

406d-5. Use for reclamation purposes of certain lands

within exterior boundary.

SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK

407. Establishment; description of area.

407a. Administration, protection, and development.

407b. Applicability of Federal Power Act.

407c. Repealed.

407d. Admission and guide fees exempt from tax.

407e. Boundaries.

407f. Exchange of lands.

407g. State right-of-way for park-type road; reconveyance

of interest upon completion of road.

407h. Authorization of appropriations.

SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK

407m. Establishment; acquisition of land; property

involved.

407m-1. Acquisition of additional lands and buildings.

407m-2. Acquisition of property adjacent to Old Saint

Joseph's Church.

407m-3. Acquisition of site of Graff House.

407m-4. Erection of replica of Graff House; maintenance.

407m-5. Inclusion of additional lands and building;

administration.

407m-6. Authorization of appropriations.

407m-7. Exchange of property.

407m-8. Independence National Historical Park boundary

adjustment.

407n. Cooperative agreements between Secretary of the

Interior and City of Philadelphia; contents.

407o. Construction of buildings; acceptance of donations.

407p. Establishment of advisory commission; composition,

appointment, and duties.

407q. Administration, protection, and development.

407r. Authorization of appropriations.

407s. Administration and operation of properties; use of

funds; contracts.

SUBCHAPTER LI-A - NATIONAL CONSTITUTION CENTER

407aa. Findings and purposes.

407bb. Establishment.

407cc. Acquisition of site for and operation of Center.

407dd. Directives to Secretary.

407ee. Authorization of appropriations.

SUBCHAPTER LII - ISLE ROYALE NATIONAL PARK

408. Establishment; acquisition of land.

408a. Acceptance of title to lands.

408b. Administration, protection, and development.

408c. Acceptance of title to lands; reservations; leases;

rights-of-way and easements.

408d. Addition of lands purchased within boundaries for

conservation or forestation purposes.

408e. Addition of lands; Passage Island.

408f. Former Siskiwit Islands Bird Reservation.

408g. Submerged lands surrounding islands.

408h. Federally owned lands within park boundaries.

408i. Acceptance of territory ceded by Michigan;

jurisdiction.

408j. Repealed.

408k. Hunting and fishing; general rules and regulations;

protection of property; violation of statutes or

rules; penalties.

408l. Forfeiture of property used in hunting, fishing,

etc.

408m to 408q. Repealed.

SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

409. Establishment; acquisition of land.

409a. Acceptance of title to lands.

409b. George Washington headquarters; maintenance.

409c. Board of advisers.

409d. Employees of Washington Association of New Jersey.

409e. Administration, protection, and development.

409f. Jurisdiction of New Jersey in civil, criminal and

legislative matters retained; citizenship

unaffected.

409g. Additional lands.

409h. Administration of additional lands.

409i. Acquisition of Warren Property for Morristown

National Historical Park.

SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

410. Establishment; acquisition of land.

410a. Acceptance of title to lands.

410b. Administration, protection, and development.

410c. Preservation of primitive condition.

410d. Acceptance and protection of property pending

establishment of park; publication of

establishment order.

410e. Acquisition of additional lands; reservation of

oil, gas, and mineral rights; reservation of

royalty rights.

410f. Limitation of Federal action during reservation

period.

410g. Rules and regulations governing reservation rights.

410h. Ascertainment of owners' election regarding

reservation rights.

410i. Exterior boundaries; administration.

410j. Acquisition of land, water, and interests therein;

consent of owner; reservations.

410k. Limitation of Federal action during reservation

period.

410l. Rules and regulations governing reservation rights.

410m. Ascertainment of owners' election regarding

reservation rights.

410n. Drainage of lands; right-of-way.

410o. Exchange of land, water, and interests therein.

410p. Authorization of appropriations.

410q. Exchange of lands.

410r. Lands acquired as part of park; rules and

regulations.

410r-1. Acceptance of additional lands.

410r-2. Lands acquired as part of park; rules and

regulations.

410r-3. Acceptance of additional lands; lands acquired as

part of park; reimbursement of revolving fund.

410r-4. Authorization of appropriations for reimbursement

of revolving fund.

410r-5. Findings, purposes, and definitions.

410r-6. Boundary modification.

410r-7. Administration.

410r-8. Modification of certain water projects.

SUBCHAPTER LV - MINUTE MAN NATIONAL HISTORICAL PARK

410s. Establishment.

410t. Acquisition and transfer of lands; private owner's

retention of right of use and occupancy.

410u. Preservation of historic sites.

410v. Appointment and composition of advisory commission.

410w. Administration, protection, and development.

410x. Authorization of appropriations.

410x-1. Residential occupancy.

410x-2. ''Residential property'' defined.

SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK

410y. Definitions.

410y-1. Purposes; establishment; boundaries; acquisition of

lands; procedure for acquisition; time of

acquisition.

410y-1a. Boundary revision.

410y-2. Consideration by Secretary of comprehensive local

or State development, land use, or recreational

plans.

410y-3. Access.

410y-4. Chesapeake and Ohio Canal National Historical Park

Commission.

410y-5. Administration.

410y-6. Availability of funds; authorization of

appropriations; adjustment of appropriations.

SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK

410z. Establishment.

410z-1. Acquisition of additional sites.

410z-2. Boston National Historical Park Advisory

Commission.

410z-3. Visitor center.

410z-4. Administration.

410z-5. Authorization of appropriations.

SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK

410aa. Establishment.

410aa-1. Lands and property.

410aa-2. Notice in Federal Register; appropriations;

administration.

410aa-3. Authorization of appropriations.

SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK

410bb. Establishment.

410bb-1. Administration.

410bb-2. Cooperation with Canada for planning and

development of international park.

410bb-3. Authorization of appropriations.

SUBCHAPTER LIX-A - LOWELL NATIONAL HISTORICAL PARK

PART A - ESTABLISHMENT OF PARK AND PRESERVATION DISTRICT

410cc. Congressional statement of findings and purpose.

410cc-1. Definitions.

410cc-11. Establishment of Lowell National Historical Park.

410cc-12. Consultations, cooperation, and conduct of

activities by Federal entities; issuance of

licenses or permits by Federal entities.

410cc-13. Authorization of appropriations.

410cc-14. Funding limitations.

PART B - POWERS AND DUTIES OF SECRETARY

410cc-21. Park management plan.

410cc-22. Acquisition of property.

410cc-23. Agreements and technical assistance.

410cc-24. Withholding of funds; criteria.

410cc-25. Administrative functions.

PART C - POWERS AND DUTIES OF PRESERVATION COMMISSION

410cc-31. Lowell Historic Preservation Commission.

410cc-32. Park preservation plan and index.

410cc-33. Financial and technical assistance.

410cc-34. Acquisition and disposition of property.

410cc-35. Powers of Commission.

410cc-36. Staff of Commission.

410cc-37. Use of funds; maintenance of financial records;

audits.

SUBCHAPTER LIX-B - WAR IN THE PACIFIC NATIONAL HISTORICAL PARK

410dd. Establishment.

SUBCHAPTER LIX-C - SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK

410ee. Establishment.

SUBCHAPTER LIX-D - CHANNEL ISLANDS NATIONAL PARK

410ff. Establishment.

410ff-1. Acquisition of property.

410ff-2. Natural resources study reports to Congress;

cooperative agreements for enforcement of laws

and regulations on State-owned land.

410ff-3. Administration.

410ff-4. Federal or federally assisted undertakings with

respect to lands and waters within, adjacent to,

or related to park.

410ff-5. Designation of wilderness areas.

410ff-6. Entrance or admission fees prohibited.

410ff-7. Expenditure of Federal funds for research,

resources management, and visitor protection and

use on private property; transfer of funds;

authorization of appropriations.

SUBCHAPTER LIX-E - BISCAYNE NATIONAL PARK

410gg. Establishment; description of boundary; minor

boundary revisions; publication in Federal

Register.

410gg-1. Acquisition of property.

410gg-2. Administration; fishing; abolition of Biscayne

National Monument; monument incorporated within

and made part of park; monument funds and

appropriations available for park.

410gg-3. Report as to suitability for designation as

wilderness area; compliance with procedure for

such designation.

410gg-4. Revised comprehensive general management plan;

submission to Congressional committees.

410gg-5. Authorization of appropriations; entrance or

admission fees prohibition.

SUBCHAPTER LIX-F - ALASKAN NATIONAL PARKS

410hh. Establishment of new areas.

410hh-1. Additions to existing areas.

410hh-2. Administration; hunting and subsistence uses;

admission fees.

410hh-3. Native selections.

410hh-4. Commercial fishing.

410hh-5. Withdrawal of lands from mining and mineral

leasing.

SUBCHAPTER LIX-G - CHACO CULTURE NATIONAL HISTORICAL PARK

410ii. Findings and purpose.

410ii-1. Establishment.

410ii-2. Repealed.

410ii-3. Acquisition of properties.

410ii-4. Cooperative agreements for the protection,

preservation, and maintenance of archeological

resources.

410ii-5. Administration.

410ii-6. Research and data gathering.

410ii-7. Authorization of appropriation.

SUBCHAPTER LIX-H - KALAUPAPA NATIONAL HISTORICAL PARK

410jj. Establishment.

410jj-1. Purposes.

410jj-2. Boundaries; revisions of boundary; publication in

Federal Register.

410jj-3. Acquisition of lands and interests.

410jj-4. Administration.

410jj-5. Special needs of leprosy patients residing in

Kalaupapa settlement; specific provisions.

410jj-6. Additional needs of leprosy patients and Native

Hawaiians for employment and training; specific

provisions.

410jj-7. Advisory Commission.

410jj-8. Reevaluation of management, etc., policies.

410jj-9. Authorization of appropriations.

SUBCHAPTER LIX-I - LYNDON B. JOHNSON NATIONAL HISTORICAL PARK

410kk. Establishment.

410kk-1. Administration.

410kk-2. Authorization of appropriations.

SUBCHAPTER LIX-J - WOMEN'S RIGHTS NATIONAL HISTORICAL PARK

410ll. Establishment.

SUBCHAPTER LIX-K - GREAT BASIN NATIONAL PARK

410mm. Establishment.

410mm-1. Administration.

410mm-2. Acquisition of land.

410mm-3. Authorization of appropriations.

SUBCHAPTER LIX-L - SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK

410nn. Establishment.

410nn-1. Administration.

410nn-2. Acquisition of property.

410nn-3. Advisory Commission.

410nn-4. Authorization of appropriations.

SUBCHAPTER LIX-M - NATCHEZ NATIONAL HISTORICAL PARK

410oo. Purposes.

410oo-1. Establishment.

410oo-2. Acquisition of property.

410oo-3. Administration.

410oo-4. Natchez Trace study.

410oo-5. Advisory Commission.

410oo-6. Authorization of appropriations.

SUBCHAPTER LIX-N - ZUNI-CIBOLA NATIONAL HISTORICAL PARK

410pp to 410pp-8. Omitted.

SUBCHAPTER LIX-O - NATIONAL PARK OF AMERICAN SAMOA

410qq. Findings and purpose.

410qq-1. Establishment.

410qq-2. Administration.

410qq-3. ''Native American Samoan'' defined.

410qq-4. Authorization of appropriations.

SUBCHAPTER LIX-P - PECOS NATIONAL HISTORICAL PARK

410rr. Purpose.

410rr-1. Establishment.

410rr-2. Acquisition of lands, waters, and interests in

lands and waters.

410rr-3. Administration.

410rr-4. Management plan.

410rr-5. Study of possible inclusion of additional sites and

ruins.

410rr-6. Authorization of appropriations.

410rr-7. Glorieta Unit of Pecos National Historical Park.

SUBCHAPTER LIX-Q - TUMACACORI NATIONAL HISTORICAL PARK

410ss. Establishment.

410ss-1. Administration.

SUBCHAPTER LIX-R - SALT RIVER BAY NATIONAL HISTORICAL PARK AND

ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS

410tt. Findings.

410tt-1. Salt River Bay National Historical Park and

Ecological Preserve at St. Croix, Virgin Islands.

410tt-2. Acquisition of land.

410tt-3. Administration.

410tt-4. Salt River Bay National Historical Park and

Ecological Preserve at St. Croix, Virgin Islands,

Commission.

410tt-5. Authorization of appropriations.

SUBCHAPTER LIX-S - HOPEWELL CULTURE NATIONAL HISTORICAL PARK

410uu. Renaming.

410uu-1. Expansion of boundaries.

410uu-2. Cooperative agreements.

410uu-3. Studies.

410uu-4. Authorization of appropriations.

SUBCHAPTER LIX-T - MARSH-BILLINGS-ROCKEFELLER NATIONAL HISTORICAL

PARK

410vv. Purposes.

410vv-1. Establishment.

410vv-2. Administration.

410vv-3. Marsh-Billings-Rockefeller National Historical Park

Scenic Zone.

410vv-4. Cooperative agreements.

410vv-5. Endowment.

410vv-6. Reservation of use and occupancy.

410vv-7. General management plan.

410vv-8. Authorization of appropriations.

SUBCHAPTER LIX-U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL

PARK

PART A - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK

410ww. Establishment.

410ww-1. Protection of historic properties.

410ww-2. Park general management plan.

410ww-3. Studies.

410ww-4. Administration.

410ww-5. Cooperation of Federal agencies.

410ww-6. Coordination between Secretary and Secretary of

Defense.

410ww-7. Assistance.

410ww-8. Authorization of appropriations.

PART B - DAYTON AVIATION HERITAGE COMMISSION

410ww-21. Dayton Aviation Heritage Commission.

410ww-22. Dayton historic resources preservation and

development plan.

410ww-23. General powers of Commission.

410ww-24. Staff of Commission.

410ww-25. Authorization of appropriations.

SUBCHAPTER LIX-V - DRY TORTUGAS NATIONAL PARK

410xx. Establishment.

410xx-1. Administration.

410xx-2. Land acquisition and transfer of property.

410xx-3. Authorization of appropriations.

SUBCHAPTER LIX-W - KEWEENAW NATIONAL HISTORICAL PARK

410yy. Findings and purposes.

410yy-1. Definitions.

410yy-2. Establishment.

410yy-3. Acquisition of property.

410yy-4. Cooperation by Federal agencies.

410yy-5. General management plan.

410yy-6. Cooperative agreements.

410yy-7. Financial and technical assistance.

410yy-8. Keweenaw National Historical Park Advisory

Commission.

410yy-9. Authorization of appropriations.

SUBCHAPTER LIX-X - SAGUARO NATIONAL PARK

410zz. Findings and purpose.

410zz-1. Establishment.

410zz-2. Expansion of boundaries.

410zz-3. Authorization of appropriations.

SUBCHAPTER LIX-Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE

PART A - DEATH VALLEY NATIONAL PARK

410aaa. Findings.

410aaa-1. Establishment.

410aaa-2. Transfer and administration of lands.

410aaa-3. Maps and legal description.

410aaa-4. Withdrawal.

410aaa-5. Grazing.

410aaa-6. Death Valley National Park Advisory Commission.

410aaa-7. Boundary adjustment.

PART B - JOSHUA TREE NATIONAL PARK

410aaa-21. Findings.

410aaa-22. Establishment.

410aaa-23. Transfer and administration of lands.

410aaa-24. Maps and legal description.

410aaa-25. Withdrawal.

410aaa-26. Utility rights-of-way.

410aaa-27. Joshua Tree National Park Advisory Commission.

PART C - MOJAVE NATIONAL PRESERVE

410aaa-41. Findings.

410aaa-42. Establishment.

410aaa-43. Transfer of lands.

410aaa-44. Maps and legal description.

410aaa-45. Abolishment of scenic area.

410aaa-46. Administration.

410aaa-47. Withdrawal.

410aaa-48. Regulation of mining.

410aaa-49. Study as to validity of mining claims.

410aaa-50. Grazing.

410aaa-51. Utility rights-of-way.

410aaa-52. Preparation of management plan.

410aaa-53. Granite Mountains Natural Reserve.

410aaa-54. Soda Springs Desert Study Center.

410aaa-55. Construction of visitor center.

410aaa-56. Acquisition of lands.

410aaa-57. Acquired lands to be made part of Mojave National

Preserve.

410aaa-58. Mojave National Preserve Advisory Commission.

410aaa-59. No adverse effect on land until acquired.

PART D - MISCELLANEOUS PROVISIONS

410aaa-71. Transfer of lands to Red Rock Canyon State Park.

410aaa-72. Land tenure adjustments.

410aaa-73. Land disposal.

410aaa-74. Management of newly acquired lands.

410aaa-75. Native American uses and interests.

410aaa-76. Federal reserved water rights.

410aaa-77. California State School lands.

410aaa-78. Access to private property.

410aaa-79. Federal facilities fee equity.

410aaa-80. Land appraisal.

410aaa-81. Definition.

410aaa-82. Military overflights.

410aaa-83. Authorization of appropriations.

SUBCHAPTER LIX-Z - NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK

410bbb. Findings and purpose.

410bbb-1. Establishment.

410bbb-2. Administration.

410bbb-3. Acquisition of property.

410bbb-4. General management plan.

410bbb-5. New Orleans Jazz Commission.

410bbb-6. Authorization of appropriations.

SUBCHAPTER LIX-AA - CANE RIVER CREOLE NATIONAL HISTORICAL PARK AND

NATIONAL HERITAGE AREA

PART A - CANE RIVER CREOLE NATIONAL HISTORICAL PARK

410ccc. Findings and purposes.

410ccc-1. Establishment.

410ccc-2. Administration.

410ccc-3. Acquisition of property.

410ccc-4. General management plan.

PART B - CANE RIVER NATIONAL HERITAGE AREA

410ccc-21. Establishment.

410ccc-22. Cane River National Heritage Area Commission.

410ccc-23. Preparation of plan.

410ccc-24. Termination of Heritage Area Commission.

410ccc-25. Duties of other Federal agencies.

410ccc-26. Authorization of appropriations.

SUBCHAPTER LIX-BB - NEW BEDFORD NATIONAL HISTORICAL PARK

410ddd. New Bedford Whaling National Historical Park.

SUBCHAPTER LIX-CC - ADAMS NATIONAL HISTORICAL PARK

410eee. Findings and purposes.

410eee-1. Definitions.

410eee-2. Adams National Historical Park.

410eee-3. Administration.

410eee-4. Authorization of appropriations.

SUBCHAPTER LIX-DD - BLACK CANYON OF THE GUNNISON NATIONAL PARK AND

GUNNISON GORGE NATIONAL CONSERVATION AREA

410fff. Findings.

410fff-1. Definitions.

410fff-2. Establishment of Black Canyon of the Gunnison

National Park.

410fff-3. Acquisition of property and minor boundary

adjustments.

410fff-4. Expansion of the Black Canyon of the Gunnison

Wilderness.

410fff-5. Establishment of the Gunnison Gorge National

Conservation Area.

410fff-6. Designation of Wilderness within the Conservation

Area.

410fff-7. Withdrawal.

410fff-8. Water rights.

410fff-9. Study of lands within and adjacent to Curecanti

National Recreation Area.

410fff-10. Authorization of appropriations.

SUBCHAPTER LIX-EE - ROSIE THE RIVETER/WORLD WAR II HOME FRONT

NATIONAL HISTORICAL PARK

410ggg. Rosie the Riveter/World War II Home Front National

Historical Park.

410ggg-1. Administration of the National Historical Park.

410ggg-2. World War II home front study.

410ggg-3. Authorization of appropriations.

SUBCHAPTER LIX-FF - GREAT SAND DUNES NATIONAL PARK AND PRESERVE

410hhh. Findings.

410hhh-1. Definitions.

410hhh-2. Great Sand Dunes National Park, Colorado.

410hhh-3. Great Sand Dunes National Preserve, Colorado.

410hhh-4. Baca National Wildlife Refuge, Colorado.

410hhh-5. Administration of national park and preserve.

410hhh-6. Acquisition of property and boundary adjustments.

410hhh-7. Water rights.

410hhh-8. Advisory Council.

410hhh-9. Authorization of appropriations.

SUBCHAPTER LIX-GG - CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL

PARK

410iii. Purpose.

410iii-1. Findings.

410iii-2. Definitions.

410iii-3. Establishment of Cedar Creek and Belle Grove

National Historical Park.

410iii-4. Acquisition of property.

410iii-5. Administration.

410iii-6. Management of Park.

410iii-7. Cedar Creek and Belle Grove National Historical

Park Advisory Commission.

410iii-8. Conservation of Cedar Creek and Belle Grove

National Historical Park.

410iii-9. Endowment.

410iii-10. Cooperative agreements.

410iii-11. Roles of key partner organizations.

410iii-12. Authorization of appropriations.

SUBCHAPTER LX - NATIONAL MILITARY PARKS

411. Military maneuvers.

412. Camps for military instruction; regulations for

militia.

413. Offenses relating to structures and vegetation.

414. Trespassing for hunting, or shooting.

415. Repealed.

416. Refusal to surrender leased land; recovery.

417 to 419. Omitted, Repealed, or Transferred.

420. Rights-of-way through military and other

reservations for power and communications

facilities.

421. Vacancies occurring in commissions in charge of

parks not to be filled.

422. Moores Creek National Battlefield; establishment.

422a. Acceptance of lands.

422a-1. Acquisition of property.

422a-2. Authorization of appropriations.

422b. Duties of Secretary of the Interior.

422c. Ascertaining and marking of lines of battle.

422d. Monuments, etc., protected.

423. Petersburg National Battlefield; establishment.

423a. Acceptance of donations of lands.

423a-1. Addition of lands.

423a-2. Adjustment of boundary.

423b. Commission; organization.

423c. Duties of commission.

423d. Acceptance and disposition of gifts.

423e. Ascertaining and marking lines of battle.

423f. Protection of monuments, etc.

423g. Rules and regulations.

423h. Report of completion; superintendent of

battlefield.

423h-1. Redesignation of park.

423h-2. Acquisition of lands; publication in Federal

Register; administration.

423h-3. Authorization of appropriation.

423i to 423l. Omitted or Repealed.

423l-1. Short title; definitions.

423l-2. Findings and purpose.

423l-3. Richmond National Battlefield Park; boundaries.

423l-4. Land acquisition.

423l-5. Park administration.

423l-6. Authorization of appropriations.

423m. Eutaw Springs Battlefield Site; establishment;

purpose.

423n. Acceptance of lands and funds; acquisition of

lands.

423o. Administration, protection, and development.

424. Chickamauga and Chattanooga National Military Park.

424-1. Acquisition of land.

424a. Acceptance of donations of lands.

424a-1. Acceptance of donations of lands and other property

on Signal Mountain.

424a-2. Conveyance of portion of park to Georgia.

424a-3. Addition of surplus Government lands; publication

of notice; effective date.

424a-4. Acquisition of additional lands.

424b. Application of laws to donated lands.

425. Fredericksburg and Spotsylvania County Battle

Fields Memorial; establishment.

425a. Acquisition of lands.

425b. Leasing lands for memorial.

425c. Commission; organization.

425d. Duties of commission.

425e. Acceptance and distribution of gifts.

425f. Ascertaining and marking lines of battle.

425g. Protection of monuments, etc.

425h. Rules and regulations.

425i. Report of completion of acquisition of land and

work of commission; superintendent of park.

425j. Authorization of appropriation.

425k. Revision of park boundaries.

425l. Acquisitions and conveyances.

425m. Retained rights.

425n. Interpretation.

425o. Authorization of appropriations.

426. Stones River National Battlefield; establishment;

appointment of commission.

426a. Qualifications of members of commission.

426b. Duties of commission.

426c. Assistants to commission; expenses of commission.

426d. Receipt of report of commission by Secretary of the

Interior; acquisition of land for battlefield;

other duties of Secretary.

426e. Lands acquired declared national battlefield; name.

426f. Control of battlefield, regulations.

426g. Occupation of lands by former owners.

426h. Ascertaining and marking lines of battle.

426i. Protection of monuments, etc.

426j. Authorization of appropriation; fixing of

boundaries as condition to purchase of lands.

426k. Acquisition of additional lands.

426l. Redesignation; availability of appropriations.

426m. Administration, protection and development.

426n. Boundary revision of Stones River National

Battlefield.

426o. Agreement with Murfreesboro, Tennessee, respecting

battlefield.

426o-1. Planning.

426p. Authorization of appropriations.

427. Site of battle with Sioux Indians; purchase;

erection of monument.

427a. Omitted.

428. Fort Donelson National Battlefield; establishment;

appointment of commission.

428a. Qualifications of members of commission.

428b. Duties of commission.

428c. Assistants to commission; expenses of commission.

428d. Receipt of report of commission by Secretary of the

Interior; acquisition of land for battlefield;

other duties of Secretary.

428d-1. Acquisition of additional lands.

428d-2. Acceptance of donations by Secretary of the

Interior.

428d-3. Administration, protection, and development.

428e. Lands acquired declared national battlefield; name.

428f. Control of battlefield; regulations.

428g. Occupation of lands by former owners.

428h. Ascertaining and marking line of battle.

428i. Protection of monuments, etc.

428j. Omitted.

428k. Addition of lands.

428l. Acquisition of lands; agreement for transfer of

jurisdiction.

428m. Authorization of appropriation.

428n. Change in name to Fort Donelson National

Battlefield.

428o. Administration, protection, and development.

429. Brices Cross Roads and Tupelo battlefields in

Mississippi; establishment.

429a. Jurisdiction and control; authorization of annual

appropriation.

429a-1. Tupelo National Battlefield; acquisition of

additional lands.

429a-2. Change in name to Tupelo National Battlefield;

administration.

429b. Manassas National Battlefield Park.

429b-1. Acquisition and use of lands.

429b-2. Retention of right of use and occupation of

improved property by owner.

429b-3. Definitions.

429b-4. Funds from Land and Water Conservation Fund.

429b-5. Funding limitations; contracting authority, etc.

430. Kings Mountain National Military Park;

establishment.

430a. Acquisition of land.

430a-1. Revision of boundaries.

430a-2. Acquisition of lands within revised boundary.

430a-3. Applicability of laws and regulations to acquired

lands and interests therein.

430b. Control; regulations for care and management.

430c. Permits to occupy land.

430d. Repair of roads; historical markers.

430e. Monuments and tablets within park; approval.

430f. Shiloh National Military Park.

430f-1. Conveyance of lands.

430f-2. Conveyance of right-of-way; construction and

maintenance of roadways.

430f-3. Conveyance of lands for recreational area;

development and use.

430f-4. Jurisdiction of lands.

430f-5. Siege and Battle of Corinth.

430f-6. Corinth Unit of the Shiloh National Military Park;

findings and purposes.

430f-7. Definitions.

430f-8. Establishment of Unit.

430f-9. Land acquisition.

430f-10. Park management and administration.

430f-11. Authorization of special resource study.

430f-12. Authorization of appropriations.

430g. Gettysburg National Military Park.

430g-1. Exchange of lands.

430g-2. Exchange of lands.

430g-3. Donation of non-Federal lands.

430g-4. Gettysburg National Military Park boundary

revision.

430g-5. Acquisition and disposal of lands.

430g-6. Agreements with respect to monuments and tablets

located outside park boundary.

430g-7. Conservation within Gettysburg Battlefield historic

district.

430g-8. Advisory Commission.

430g-9. Interpretation.

430g-10. Authorization of appropriations.

430h. Vicksburg National Military Park.

430h-1. Donations of land and property.

430h-2. Exchange of certain lands authorized.

430h-3. Consolidation of lands and installation of park

tour road.

430h-4. Jurisdiction over lands and roads.

430h-5. Authorization of appropriations.

430h-6. Addition of lands to Vicksburg National Military

Park.

430h-7. Exclusion of lands from park.

430h-8. Park interpretation.

430h-9. Authorization of appropriations.

430h-10. Boundary modification.

430h-11. Acquisition of property.

430h-12. Administration.

430h-13. Authorization of appropriations.

430i. Guilford Courthouse National Military Park.

430j. Monocacy National Battlefield; establishment.

430k. Condemnation proceedings; purchase without

condemnation; acceptance of donations of land.

430l. Leases with preceding owners of acquired lands;

conditions.

430m. Administration.

430n. Repealed.

430o. Gifts and donations; acceptance by Secretary.

430p. Right of States to enter and mark battle lines.

430q. Offenses.

430r. Rules and regulations.

430s. Authorization of appropriations.

430t. Kennesaw Mountain National Battlefield Park;

establishment.

430u. Donations of land; purchase and condemnation.

430v. Monuments and memorials; regulations; historical

markers.

430w. Administration, protection, and development.

430x. Authorization of appropriations; authorization to

expand boundaries.

430y. Spanish War Memorial Park; establishment.

430z. Monument within park; construction authorized.

430z-1. Landscaping park; employment of architects and

engineers.

430z-2. Memorials within park; erection authorized.

430z-3. Administration, protection, and development.

430aa. Pea Ridge National Military Park; establishment.

430bb. Determination of desirable areas.

430cc. Administration, protection, and development;

improvements.

430dd. Dedication.

430ee. Authorization of appropriations.

430ff. Horseshoe Bend National Military Park;

establishment.

430gg. Determination of desirable areas.

430hh. Administration, protection, and development;

improvements.

430ii. Dedication.

430jj. Authorization of appropriations.

430kk. Wilson's Creek National Battlefield; establishment;

acquisition of lands.

430ll. Designation.

430mm. Authorization of appropriations.

430nn. Antietam Battlefield site; acquisition of lands,

buildings, structures, and other property.

430oo. Acquisition of lands for preservation, protection

and improvement; limitation.

430pp. Fort Necessity National Battlefield; acquisition of

land.

430qq. Exchange of lands.

430rr. Change in name to Fort Necessity National

Battlefield.

430ss. Administration, protection, and development.

430tt. Authorization of appropriation.

430uu. Big Hole National Battlefield; redesignation of

monument.

430uu-1. Revision of boundaries.

430uu-2. Acquisition of land; exclusion from Beaverhead

National Forest; administration.

430uu-3. Jurisdiction.

430uu-4. Authorization of appropriation.

SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS

431. National monuments; reservation of lands;

relinquishment of private claims.

431a. Limitation on further extension or establishment of

national monuments in Wyoming.

432. Permits to examine ruins, excavations, and

gathering of objects; regulations.

433. American antiquities.

433a. Perry's Victory and International Peace Memorial;

establishment.

433b. Administration, protection, and development.

433c. Acceptance of donations of lands and funds;

acquisition of land.

433d. Repealed.

433e. Repealed.

433f. Inconsistent laws repealed.

433f-1. Change in name of Perry's Victory and International

Peace Memorial National Monument.

433g. Fort Federica National Monument; establishment.

433h. Donation of property; acquisition of lands.

433h-1. Acquisition of additional lands.

433i. Museum; historical markers.

433j. Administration, protection, and development.

433k. Whitman Mission National Historic Site; acquisition

of land; establishment, supervision and

maintenance.

433k-1. Acquisition of additional land.

433l. Erection of monuments and tablets.

433m. Authorization of appropriation.

433n. Change in name of Whitman National Monument.

434. National monument in Riverside County, California.

435. Acquiring reservation land.

436. Omitted.

437. Fort McHenry; restoration and preservation.

438. Repairs and improvements; how made.

439. Land for use of Secretary of the Treasury.

440. Closure in times of national emergency.

440a. Change in name of Fort McHenry Park.

441. Badlands National Park; establishment.

441a. Boundaries.

441b. Construction of highway by State of South Dakota.

441c. Administration, protection, and promotion;

franchises for hotel and lodge accommodations.

441d. Examinations, excavations, and gathering of objects

of interest within park.

441e. Effective date of sections 441 to 441d.

441e-1. Change in name of Badlands National Monument.

441f. Adjustment and redefinition of boundaries.

441g. Orders to effectuate revision of boundaries;

publication.

441h. Jurisdiction of mining and mineral rights; patents.

441i. Exchanges of land.

441j. Revision of boundaries.

441k. Acquisition of property for park.

441l. Exchange of lands; transfer from Federal agency to

administrative jurisdiction of Secretary; terms

and conditions of purchase.

441m. Disposition of excess gunnery range lands and

reservation lands; purchase; terms and

conditions; life estates and use restrictions.

441n. Lands outside gunnery range; exchange of lands;

reservation of mineral rights; grazing and

mineral development rights of Indians; execution

of instruments; trust title.

441o. Facilities for interpretation of park and history

of Sioux Nation; conveyance of reservation lands;

submission of terms to Congressional committees.

442. George Washington Birthplace National Monument.

443 to 443f. Transferred.

444. Petrified Forest National Monument; elimination of

private holdings of land within boundaries;

exchange of lands.

444a. Ascertainment of value of lands offered for

exchange; evidence of title.

445. Canyon De Chelly National Monument; establishment;

boundaries.

445a. Rights and privileges of Navajo Indians in canyons.

445b. Administration by National Park Service; powers and

duties.

445c. Pipestone National Monument.

445d. Acquisition of additional lands, Pipestone School

Reserve and non-Federal land; redefining of

boundaries; quarry rights of Indians.

446. Sites for tablets at Antietam; care and

supervision.

447. Repealed.

447a. Ocmulgee National Monument; establishment;

acquisition of property.

447b. Donation of property; condemnation proceedings.

447c. Administration, protection, and development.

448. Pioneer National Monument; establishment.

449. Acceptance of donations of land and funds

acquisition of land.

450. Administration, protection, and development.

450a. Chalmette, Louisiana, Monument.

450b to 450e. Repealed.

450e-1. Appomattox Court House National Historical Park.

450f to 450k. Repealed.

450l. Fort Stanwix National Monument; establishment.

450m. Acceptance of donations of lands and funds;

acquisition of land.

450n. Administration, protection, and development.

450o. Andrew Johnson National Historic Site;

authorization.

450p. Acquisition of property; donations.

450q. Administration, protection, and development.

450r. Ackia Battleground National Monument;

establishment.

450s. Omitted.

450t. Administration, protection, and development.

450u. Homestead National Monument of America;

establishment.

450v. Omitted.

450w. Administration; establishment of museum.

450x. Authorization of annual appropriations.

450y. Coronado National Memorial; establishment.

450y-1. Administration.

450y-2. Grazing within memorial area.

450y-3. Construction of fences.

450y-4. Acquisition of property; donations.

450y-5. Revision of boundaries.

450y-6. Acquisition of lands; administration.

450y-7. Authorization of appropriations.

450z. Repealed.

450aa. George Washington Carver National Monument;

acquisition of land.

450aa-1. Establishment and supervision.

450aa-2. Maintenance of museum; construction of roads and

use of markers.

450bb. Harpers Ferry National Historical Park;

establishment; acceptance of donations of land,

etc.

450bb-1. Administration.

450bb-2. Maintenance of museum; acceptance of museum

articles; construction of roads, etc.

450bb-3. Acquisition of additional lands.

450bb-4. Acceptance and purchase of lands and improvements;

payment; exchange of lands.

450bb-5. Authorization of appropriations.

450bb-6. Change in name of Harpers Ferry National Monument.

450cc. Castle Clinton National Monument; establishment.

450cc-1. Administration, protection, and development.

450dd. De Soto National Memorial; establishment.

450dd-1. Administration.

450ee. Fort Sumter National Monument; establishment.

450ee-1. Administration.

450ff. Fort Vancouver National Historic Site;

establishment.

450ff-1. Size of site; effective date; additional lands.

450ff-2. Administration, protection, and development.

450ff-3. Revision of boundaries.

450ff-4. Acquisition of lands.

450ff-5. Administrative jurisdiction of Federal lands.

450ff-6. Change in name of Fort Vancouver National Monument.

450gg to 450gg-3. Repealed.

450hh. Saint Croix Island International Historic Site;

establishment; acceptance of land; size.

450hh-1. Designation; acquisition of additional lands; lands

excluded.

450hh-2. Administration.

450ii. Joshua Tree National Monument; revision of

boundaries.

450ii-1. Excluded lands opened to entry under mining laws.

450ii-2. Continuation of leases, permits, and licenses.

450ii-3. Survey and report of mineral value.

450jj. Jefferson National Expansion Memorial;

authorization.

450jj-1. Construction of memorial.

450jj-2. Railroad agreement as condition precedent to

undertaking memorial project.

450jj-3. Designation of additional land by Secretary; manner

of acquiring additional land.

450jj-4. Transfer of land.

450jj-5. Administration of Memorial; cooperation with State

and local governments and private sector.

450jj-6. Jefferson National Expansion Memorial Commission.

450jj-7. Development and management plan for East Saint

Louis, Illinois, portion of Memorial.

450jj-8. Repealed.

450jj-9. Activities in Memorial area pending submission of

plan.

450kk. Fort Union National Monument; acquisition of site

and other lands; reversions and reservations.

450kk-1. Establishment; publication in Federal Register;

additional properties.

450ll. Booker T. Washington National Monument; acquisition

of site.

450ll-1. Establishment and supervision.

450ll-2. Maintenance of museum; provision for parks,

construction of roads and use of markers.

450ll-3. Additional lands.

450mm. Fort Clatsop National Memorial; establishment.

450mm-1. Designation of land and improvements; size.

450mm-2. Acquisition of lands.

450mm-3. Effective date; administration.

450nn. General Grant National Memorial; establishment.

450oo. Grand Portage National Monument; establishment;

effective date.

450oo-1. Acceptance of donations of land; instruments of

relinquishment; life assignments.

450oo-2. Procurement of other lands within monument.

450oo-3. Visitor accommodations and services.

450oo-4. Employment preferences.

450oo-5. Production and sale of handicraft objects;

noninterference with trade or business outside

monument.

450oo-6. Traversing privileges; regulations.

450oo-7. Docking facilities.

450oo-8. Advisory assistance for developments upon adjacent

lands.

450oo-9. Administration, protection, and development.

450oo-10. Reversion upon abandonment.

450pp. Roger Williams National Memorial; acquisition of

site.

450pp-1. Establishment; notice of establishment;

administration.

450pp-2. Cooperation with city of Providence and local

historical and preservation societies.

450pp-3. Authorization of appropriations.

450qq to 450qq-4. Omitted.

450rr. R.M.S. Titanic; international maritime memorial;

findings and purposes.

450rr-1. Definitions.

450rr-2. Commendation.

450rr-3. International guidelines.

450rr-4. International agreement.

450rr-5. Sense of Congress regarding conduct of future

activities.

450rr-6. Disclaimer of extraterritorial sovereignty.

450ss. Findings and purposes.

450ss-1. Definitions.

450ss-2. Oklahoma City National Memorial.

450ss-3. Oklahoma City National Memorial Trust.

450ss-4. Duties and authorities of Trust.

450ss-5. Limitations on funding.

450ss-6. Alfred P. Murrah Federal Building.

450ss-7. General Accounting Office study.

SUBCHAPTER LXII - MISCELLANEOUS

451. Repealed.

451a. Limitation on further extension or establishment of

national parks in Wyoming.

452. Revenues of national parks covered into Treasury;

estimates for care of parks.

452a. Acquisition of non-Federal land within existing

boundaries of any National Park; donations;

authorization of appropriations.

453. Donations of land for park purposes near or

adjacent to National Forest Reserve in North

Carolina.

454. Repealed.

455. Study of battlefields for commemorative purposes.

455a. Report to Congress.

455b. Inclusion of estimate of cost of projected surveys

in appropriation estimates.

455c. Purchase of real estate for military park.

456. Expense of depositing money payable from

appropriations.

456a. Collections and pay-roll deductions for meals and

quarters.

457. Action for death or personal injury within national

park or other place under jurisdiction of United

States; application of State laws.

458. Travel expenses incident to study of battlefields;

payment.

458a. Mats for reproduction in magazines and newspapers

of photographs of scenery.

SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

459. Cape Hatteras National Seashore Recreational Area;

conditional establishment; acquisition of lands.

459a. Acceptance of donations; acquisition of property by

purchase and condemnation.

459a-1. Administration, protection, and development;

commercial fishing by residents; hunting.

459a-2. Preservation of natural features; acquisition of

additional property; reversion of property on

failure of conditions.

459a-3. Migratory bird refuges not to be affected.

459a-4. Omitted.

459a-5. Addition of lands; Naval Amphibious Training

Station.

459a-5a. Addition of lands; Hatteras.

459a-6. Acquisition of non-Federal land within boundaries

of recreational area.

459a-7. Availability of appropriations.

459a-8. Limitation on expenditure.

459a-9. Conveyance of land for improvement with public

health facility; reversion; consideration; status

of property upon transfer of title.

459a-10. Transfer of Ocracoke Light Station to Secretary of

the Interior.

459b. Cape Cod National Seashore; description of area.

459b-1. Acquisition of property.

459b-2. Establishment.

459b-3. Acquisition by condemnation.

459b-4. Zoning regulations.

459b-5. Certificate of suspension of authority for

acquisition by condemnation.

459b-6. Administration of acquired property.

459b-7. Cape Cod National Seashore Advisory Commission.

459b-8. Authorization of appropriations.

459c. Point Reyes National Seashore; purposes;

authorization for establishment.

459c-1. Description of area.

459c-2. Acquisition of property.

459c-3. Repealed.

459c-4. Point Reyes National Seashore.

459c-5. Owner's reservation of right of use and occupancy

for fixed term of years or life.

459c-6. Administration of property.

459c-6a. The Clem Miller Environmental Education Center;

designation.

459c-6b. Cooperation with utilities district; land use and

occupancy; terms and conditions.

459c-7. Authorization of appropriations; restriction on use

of land.

459d. Padre Island National Seashore; description of land

and waters.

459d-1. Acquisition of property.

459d-2. Establishment.

459d-3. Reservation of oil, gas, and other minerals.

459d-4. Administration; utilization of authority for

conservation and management of natural resources.

459d-5. Roadways to access highways from mainland.

459d-6. Aerial gunnery and bombing range agreements of

Secretary of the Interior and Secretary of the

Navy.

459d-7. Authorization of appropriations.

459e. Fire Island National Seashore.

459e-1. Acquisition of property.

459e-2. Zoning regulations.

459e-3. Retention by owner of right of use and occupancy of

improved property for residential purposes.

459e-4. Hunting and fishing regulations.

459e-5. Acceptance of donations.

459e-6. Administration, protection, and development.

459e-7. Shore erosion control or beach protection measures;

Fire Island inlet.

459e-8. Omitted.

459e-9. Authorization of appropriations.

459e-10. Authority to accept donation of William Floyd

Estate.

459e-11. Authority to accept donation of main dwelling on

William Floyd Estate; lease-back of donated

property.

459e-12. Administration of property of William Floyd Estate;

detached unit.

459f. Assateague Island National Seashore; purposes;

description of area.

459f-1. Acquisition of property.

459f-2. Compensation for bridge construction costs;

acquisition of land for park purposes.

459f-3. Establishment of Seashore; notice in Federal

Register.

459f-4. Hunting and fishing provisions.

459f-5. Administration of Seashore.

459f-6. Repealed.

459f-7. Beach erosion control and hurricane protection.

459f-8. Repealed.

459f-9. Public utility facilities; purchase of facilities

without value to utility; amount of payment.

459f-10. Authorization of appropriations.

459f-11. Comprehensive plan for protection, management, and

use of seashore.

459g. Cape Lookout National Seashore; purposes;

authorization for establishment; description of

area.

459g-1. Acquisition of property.

459g-2. Establishment; notice in Federal Register; copies

to Congress.

459g-3. Hunting and fishing provisions.

459g-4. Administration; public outdoor recreation and

enjoyment; utilization of authorities for

conservation and development of natural

resources.

459g-5. Shore erosion control or beach protection measures.

459g-6. Preservation and designation as wilderness; review

of area by Secretary; report to President.

459g-7. Authorization of appropriations; master plan to

Congressional committees; time; contents.

459h. Gulf Islands National Seashore.

459h-1. Acquisition of property.

459h-2. Designation by Secretary of hunting and fishing

zones; regulation of maritime activities.

459h-3. Rights-of-way or easements for transportation of

oil and gas minerals.

459h-4. Administration of seashore; conservation and

management of wildlife and natural resources;

authority to designate areas as national historic

sites; agreements.

459h-5. Beach erosion control and hurricane protection;

study and formulation of plans; activities by

Chief of Engineers, Department of Army.

459h-6. Transfer of Horn Island and Petit Bois National

Wildlife Refuges from National Wildlife Refuge

System; administration.

459h-7. Preservation of any area as wilderness; study and

report to President; procedure for designation of

any area as a wilderness.

459h-8. Authority of Department of Army or Chief of

Engineers over navigation or related matters.

459h-9. Gulf Islands National Seashore Advisory Commission;

establishment; termination; membership; term;

Chairman; compensation and payment of expenses;

consultation by Secretary.

459h-10. Authorization of appropriations.

459i. Cumberland Island National Seashore; establishment;

boundary revisions: notification of Congressional

committees, publication in Federal Register.

459i-1. Acquisition of lands; authority of Secretary;

mainland lands for access to seashore

administrative and visitor facilities; State

lands; transfer from Federal agency to

administrative jurisdiction of Secretary.

459i-2. Cumberland Island Parkway; right-of-way;

administration; regulations.

459i-3. Acquisition of property.

459i-4. Hunting and fishing.

459i-5. Administration, protection, and development.

459i-6. State and local jurisdiction.

459i-7. Water resource developments.

459i-8. Report to President.

459i-9. Authorization of appropriations.

459j. Canaveral National Seashore; establishment;

boundary; boundary revisions; limitation on area.

459j-1. Acquisition of property; donation and development

of State lands; transfer from Federal agency to

administrative jurisdiction of Secretary; written

cooperative agreement with National Aeronautics

and Space Administration; construction and

development; report to Congressional committees.

459j-2. Improved property.

459j-3. Designation of hunting, fishing and trapping zones;

regulations; consultation with appropriate State

agencies.

459j-4. Administration, protection, and development.

459j-5. Canaveral National Seashore Advisory Commission.

459j-6. Transfer of lands for use as administrative and

visitor facilities to Secretary of the Interior;

use of portion of John F. Kennedy Space Center;

transfer of excess land within seashore to

Secretary of the Interior.

459j-7. Report to President.

459j-8. Authorization of appropriations; reports to

Congressional committees.

SUBCHAPTER LXIV - RECREATIONAL DEMONSTRATION PROJECTS

459r. Disposition of recreational demonstration projects.

459s. Lands for certain projects added to certain

projects.

459t. Secretary of the Interior authorized to execute

deeds and leases for project lands; inclusion of

conditional covenants.

459u. Exchange of recreational demonstration project

lands by grantee.

SUBCHAPTER LXV - NATIONAL PARKWAYS

460. Natchez Trace Parkway.

460-1. Inclusion of Ackia Battleground National Monument

and Meriwether Lewis National Monument.

460a. Licenses or permits for right-of-way over parkway

lands.

460a-1. Acceptance of lands conveyed for Blue Ridge or

Natchez Trace Parkways.

460a-2. Blue Ridge Parkway; establishment; administration

and maintenance.

460a-3. Licenses or permits to owners of adjacent lands.

460a-4. Transfer of jurisdiction to Secretary of

Agriculture; national forest lands.

460a-5. Acquisition of land contiguous to Blue Ridge or

Natchez Trace Parkways.

460a-6. Blue Ridge Parkway extension; acceptance of lands;

public use, administration, and maintenance

areas; survey location of parkway extension

crossing national forest land; transfer from

Federal agency to administrative jurisdiction of

Secretary of the Interior; national forest uses

following transfer within national forest.

460a-7. Coordination of recreational development on parkway

and national forest lands; administration of

forest land recreational facilities and access

road development by Secretary of Agriculture;

forest road and Appalachian Trail relocation and

reconstruction and alternative forest road

provision by Secretary of the Interior.

460a-8. Licenses or permits for rights-of-way over parkway

lands.

460a-9. Part of Blue Ridge Parkway; administration and

maintenance of parkway extension.

460a-10. Transfer of national forest lands to Secretary of

Agriculture.

460a-11. Authorization of appropriations.

460b, 460c. Repealed.

SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER

RESOURCE DEVELOPMENT PROJECTS

460d. Construction and operation of public parks and

recreational facilities in water resource

development projects; lease of lands; preference

for use; penalty; application of section 3401 of

title 18; citations and arrests with and without

process; limitations; disposition of receipts.

460d-1. Rentals or other considerations in leases for

construction, maintenance, and operation of

commercial recreational facilities; adjustment by

Chief of Engineers.

460d-2. Adjustment by Secretary of Agriculture.

460d-3. Recreational user fees.

SUBCHAPTER LXVII - COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR

AREAS

460e. Authorization for sale of public lands; rights of

lessee.

460f. Notice and method of sale; price; conveyance.

460g. Transfer to State, etc., for roadway purposes.

460h. Costs of surveys or relocation of boundaries.

460i. Delegation of powers; regulations.

460j. Disposition of proceeds.

SUBCHAPTER LXVIII - NATIONAL CONSERVATION RECREATIONAL AREAS

460k. Public recreation use of fish and wildlife

conservation areas; compatibility with

conservation purposes; appropriate incidental or

secondary use; consistency with other Federal

operations and primary objectives of particular

areas; curtailment; forms of recreation not

directly related to primary purposes of

individual areas; repeal or amendment of

provisions for particular areas.

460k-1. Acquisition of lands for recreational development;

funds.

460k-2. Cooperation with agencies, organizations and

individuals; acceptance of donations; restrictive

covenants.

460k-3. Charges and fees; permits; regulations; penalties;

enforcement.

460k-4. Authorization of appropriations.

SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS

PART A - COORDINATION OF PROGRAMS

460l. Congressional findings and declaration of policy.

460l-1. Powers and duties of Secretary of the Interior.

460l-2. Consultations of Secretary of the Interior with

administrative officers; execution of

administrative responsibilities in conformity

with nationwide plan.

460l-3. Definitions.

PART B - LAND AND WATER CONSERVATION FUND

460l-4. Land and water conservation provisions; statement

of purposes.

460l-5. Land and water conservation fund; establishment;

covering certain revenues and collections into

fund.

460l-5a. Repealed.

460l-6. Appropriations for expenditure of land and water

conservation fund moneys; transfers to

miscellaneous receipts of Treasury.

460l-6a. Admission and special recreation use fees.

460l-6b. Repealed.

460l-6c. Admission, entrance, and recreation fees.

460l-6d. Commercial filming.

460l-7. Allocation of land and water conservation fund for

State and Federal purposes.

460l-8. Financial assistance to States.

460l-9. Allocation of land and water conservation fund

moneys for Federal purposes.

460l-10. Availability of land and water conservation fund

for publicity purposes; standardized temporary

signing; standards and guidelines.

460l-10a. Contracts for acquisition of lands and waters.

460l-10b. Contracts for options to acquire lands and waters

in national park system.

460l-10c. Repeal of provisions prohibiting collection of

recreation fees or user charges.

460l-10d. Review and report; submittal to Congressional

committees; contents.

460l-10e. Advisory Commission on water-based recreation.

460l-11. Transfers to and from land and water conservation

fund.

PART C - WATER RESOURCES PROJECTS

460l-12. Recreation and fish and wildlife benefits of

Federal multiple-purpose water resources

projects; Congressional declaration of policy.

460l-13. Non-Federal administration of project land and

water areas.

460l-14. Facilities of project modifications to be provided

without written indication of intent.

460l-15. Lease of facilities and lands to non-Federal public

bodies.

460l-16. Postauthorization development of projects without

allocation or reallocation of costs.

460l-17. Miscellaneous provisions.

460l-18. Authority of Secretary of the Interior.

460l-19. Feasibility reports.

460l-20. Construction of projects under certain laws with

allocations to recreation and fish and wildlife

enhancement exceeding allocations to other

functions unauthorized; exception.

460l-21. Definitions.

PART D - LAND TRANSFERS

460l-22. Conveyance of property and interests in property in

national park system and miscellaneous areas.

PART E - RECLAMATION RECREATION MANAGEMENT

460l-31. Findings.

460l-32. Definitions.

460l-33. Management of reclamation lands.

460l-34. Protection of authorized purposes of reclamation

projects.

SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS

460m. Establishment.

460m-1. Acquisition of lands, easements, etc.; exchange of

lands; consent of State; reversion to State;

administrative jurisdiction of Federal lands or

waters.

460m-2. Reservation of use and occupancy of improved

property for noncommercial residential purposes;

term; valuation.

460m-3. Establishment; notice in Federal Register;

alteration of boundaries; acreage limitation.

460m-4. Cooperative land development programs; hunting and

fishing.

460m-5. Administration.

460m-6. Free-roaming horses.

460m-7. Authorization of appropriations.

SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

460m-8. Establishment.

460m-9. Acquisition of lands and waters.

460m-10. Hunting and fishing; rules and regulations.

460m-11. Water resource projects.

460m-12. Administration, protection, and development.

460m-13. Suitability for preservation as a wilderness; area

review and report to President.

460m-14. Authorization of appropriations.

SUBCHAPTER LXXI-A - NEW RIVER GORGE NATIONAL RIVER

460m-15. Establishment; administration, protection, and

development; utilization of other authorities;

boundary description, availability for public

inspection.

460m-16. Acquisition of property.

460m-17. Lands and areas plan; submission to Congressional

committees.

460m-18. Zoning laws and ordinances; establishment;

assistance; restrictions; variances.

460m-19. Mineral lands.

460m-20. Hunting and fishing zones; designation; rules and

regulations, consultation.

460m-21. Project work prohibition; advisement to Secretary;

report to Congress.

460m-22. General management plan; submission to

Congressional committees.

460m-23. Cooperation.

460m-24. Class I or class II redesignation for clean air

purposes.

460m-25. Authorization of appropriations.

460m-26. Cooperative agreements with State.

460m-27. Improvement of access at Cunard.

460m-28. Flow management.

460m-29. Glade Creek visitor facility.

460m-29a. New River Gorge and Gauley River Visitor Center.

460m-30. Applicable provisions of other law.

SUBCHAPTER LXXII - LAKE MEAD NATIONAL RECREATION AREA

460n. Administration.

460n-1. Boundaries of area; filing of map with Federal

Register; revision; donations of land; property

acquisition and exclusion.

460n-2. Hualapai Indian lands; inclusion within area;

mineral rights; leases and permits; hunting and

fishing rights.

460n-3. Purposes and uses of area.

460n-4. Hunting, fishing and trapping.

460n-5. Regulation of area; violations and penalties.

460n-6. Political jurisdiction; taxing power; Hualapai

Indians.

460n-7. Revenues and fees; disposition.

460n-8. United States magistrate judge: appointment;

functions; probation; fees.

460n-9. Authorization of appropriations.

SUBCHAPTER LXXIII - DELAWARE WATER GAP NATIONAL RECREATION AREA

460o. Establishment.

460o-1. Acquisition of lands.

460o-2. Designation of area; boundaries.

460o-3. Administration authorities for conservation,

management, or disposal of natural resources;

coordination of administrative responsibilities

of the Secretary of the Interior and the

Secretary of the Army.

460o-4. Land and water use management plan; adoption,

implementation, and revision; provisions.

460o-5. Hunting and fishing.

460o-6. Civil and criminal jurisdiction and taxing power of

State.

460o-7. Authorization of appropriations.

SUBCHAPTER LXXIV - SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION

AREA

460p. Establishment.

460p-1. Designation of area; acreage limitation;

boundaries; publication in Federal Register.

460p-2. Acquisition of lands, etc.

460p-3. Outdoor recreation facilities development;

cooperation with Federal and State agencies.

460p-4. Administration, protection, and development.

460p-5. Hunting and fishing.

SUBCHAPTER LXXV - WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION

AREA

460q. Establishment; boundaries; administration;

integrated management policies.

460q-1. Acquisition of property.

460q-2. Establishment of units; publication in Federal

Register; boundary descriptions.

460q-3. Administration; land and water use management

plans, preparation and revision; utilization of

statutory authorities.

460q-4. Hunting and fishing.

460q-5. Mineral development; payment of receipts into

certain funds or accounts in Treasury;

disposition of receipts.

460q-6. State jurisdiction.

460q-7. Shasta and Trinity National Forests; additions of

lands.

460q-8. Revenues and fees; disposition.

460q-9. Authorization of appropriations.

SUBCHAPTER LXXVI - MOUNT ROGERS NATIONAL RECREATION AREA

460r. Establishment.

460r-1. Designation of area; boundaries; publication in

Federal Register.

460r-2. Acquisition of lands.

460r-3. Outdoor recreation facilities development.

460r-4. Administration, protection, and development of

area.

460r-5. Hunting and fishing.

SUBCHAPTER LXXVII - PICTURED ROCKS NATIONAL LAKESHORE

460s. Establishment.

460s-1. Description of area.

460s-2. Establishment; notice in Federal Register.

460s-3. Pictured Rocks National Lakeshore Advisory

Commission.

460s-4. Hunting and fishing.

460s-5. Administration, protection, and development.

460s-6. Taxing power.

460s-7. Acquisition of property.

460s-8. Inland buffer zone.

460s-9. Property subject to condemnation.

460s-10. Acquisition of property.

460s-11. Zoning bylaws; assistance and consultation with

township or county officers or employees;

technical aid payments.

460s-12. Certificate of prohibition of authority for

acquisition by condemnation.

460s-13. Authorization of appropriations.

460s-14. Pictured Rocks National Lakeshore boundary

adjustment.

460s-15. Pictured Rocks National Lakeshore boundary

revision.

SUBCHAPTER LXXVIII - BIGHORN CANYON NATIONAL RECREATION AREA

460t. Establishment.

460t-1. Acquisition of land.

460t-2. Administration.

460t-3. Hunting and fishing.

460t-4. Authorization of appropriations.

SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

460u. Establishment; description of area.

460u-1. Acquisition of property.

460u-2. Direction for establishment; publication in Federal

Register; continuing acquisition of lands.

460u-3. ''Improved property'' and ''appropriate map''

defined; terms and conditions for rights of use

and occupancy.

460u-4. Repealed.

460u-5. Owner's retention of right of use and occupancy for

residential purposes.

460u-6. Administration.

460u-7. Indiana Dunes National Lakeshore Advisory

Commission.

460u-8. State jurisdiction.

460u-9. Authorization of appropriations; general management

plan; submittal to Congressional committees;

feasibility study.

460u-10. Rights-of-way and easements; existing property

rights of Northern Indiana Public Service

Company.

460u-11. Legal cooling, process, or surface drainage into

Little Calumet River; Federal, State or local air

and water pollution standards not affected.

460u-12. Repealed.

460u-13. Acquisition of area I-C; owner consent required.

460u-14. Plan, lands acquired, land acquisition program;

submittal to Congressional committees.

460u-15. Rights-of-way; public access to Little Calumet

River.

460u-16. Road construction cooperative agreements with

landowners north of Little Calumet River;

prevention of soil erosion; minimization of aural

and visual impact.

460u-17. Lands within area I-E used for solid waste

disposal.

460u-18. Study of areas III-A, III-C, and II-A; report to

Congressional committees.

460u-19. Acquisition of land outside present boundaries;

notice to Congressional committees; publication

in Federal Register.

460u-20. Paul H. Douglas Ecological and Recreational Unit

and Center for Environmental Education.

460u-21. Public access study.

460u-22. Consideration of property owner's hardship in

property acquisition.

460u-23. Acquisition of interest in area VII-A.

460u-24. Little Calumet River and Burns/Portage Waterway.

460u-25. Cooperative agreement with Gary, Indiana.

460u-26. Units VII-D and I-M.

SUBCHAPTER LXXX - FLAMING GORGE NATIONAL RECREATION AREA

460v. Establishment.

460v-1. Administration, protection, and development by

Secretary of Agriculture; administration of land

or waters for Colorado River storage project by

Secretary of the Interior.

460v-2. Boundaries; adjustments; publication in Federal

Register.

460v-3. Hunting, fishing, and trapping.

460v-4. Lands withdrawn from location, entry, and patent

under United States mining laws; removal of

minerals; receipts, disposition.

460v-5. Ashley National Forest; addition of lands of

Flaming Gorge National Recreation Area.

460v-6. Addition of lands to Forest; administration of land

for Colorado River storage project by Secretary

of the Interior.

460v-7. Availability of land and water conservation fund

moneys.

460v-8. State and local jurisdiction.

SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

460w. Establishment; boundaries.

460w-1. Boundaries not to include lands held in trust by

United States for Red Cliff Band or Bad River

Band of Lake Superior Chippewa Indians;

exceptions.

460w-2. Acquisition of property; authority of Secretary;

State and Federal lands.

460w-3. Retention rights of owners of improved property.

460w-4. Hunting, fishing, and trapping.

460w-5. Administration, protection, and development of

lakeshore by Secretary.

460w-6. Land and water use management plan; adoption,

implementation, and revision of plan by

Secretary; required provisions of plan.

460w-7. Authorization of appropriations.

SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

460x. Establishment.

460x-1. Description of area.

460x-2. Designation of lakeshore areas.

460x-3. Sleeping Bear Dunes National Lakeshore Advisory

Commission.

460x-4. Hunting and fishing; issuance of regulations.

460x-5. Administration, protection, and development.

460x-6. Taxing power.

460x-7. Acquisition of property.

460x-8. Zoning bylaws.

460x-9. Right of retention of residential use in improved

lands.

460x-10. Improved property.

460x-11. Scenic roads.

460x-12. Condemnation of commercial property.

460x-13. Certificate of Secretary to interested person

indicating prohibition from acquiring particular

property by condemnation; contents.

460x-14. Authorization of appropriations; adjustments.

460x-15. Lakeshore wilderness report; administration.

SUBCHAPTER LXXXIII - KING RANGE NATIONAL CONSERVATION AREA

460y. Establishment; boundaries.

460y-1. Management of lands.

460y-2. Program of multiple usage and sustained yield of

renewable natural resources; public and private

assistance in preparation; provisions.

460y-3. Procedure for establishment.

460y-4. Authority of Secretary.

460y-5. Applicability of mining laws; prospecting commenced

or conducted and mining claims located subsequent

to October 21, 1970, as subject to regulations;

patents issued on mining claims located

subsequent to October 21, 1970, as subject to

regulations; provisions of regulations; rights of

owner of existing valid mining claim as

unaffected.

460y-6. Administration of public lands within Area.

460y-7. Withdrawal of certain public lands for

classification; revocation of Executive Order

Numbered 5237.

460y-8. Survey and investigation area.

460y-9. Authorization of appropriations.

SUBCHAPTER LXXXIV - OREGON DUNES NATIONAL RECREATION AREA

460z. Establishment.

460z-1. Administration, protection, and development.

460z-2. Inland sector; establishment as buffer sector.

460z-3. Boundary map; revision.

460z-4. Transfer of Federal property.

460z-5. Land acquisition in inland sector.

460z-6. Land acquisition in recreation area; donation and

exchange; railway right-of-way; retention rights

of owners of improved property.

460z-7. Hunting, fishing, and trapping.

460z-8. Mining restriction.

460z-9. Water utilization; transportation of wastes;

easements.

460z-10. Advisory Council.

460z-11. Area review; report to the President; wilderness

designation.

460z-12. Federal-State cooperation.

460z-13. Authorization of appropriations.

SUBCHAPTER LXXXV - SAWTOOTH NATIONAL RECREATION AREA

460aa. Establishment.

460aa-1. Administration.

460aa-2. Acquisition of land.

460aa-3. Private land, regulations.

460aa-4. Administrative determination of suitability for

designation as wilderness areas.

460aa-5. Cooperation with other agencies in development and

operation of facilities and services; Stanley,

restoration.

460aa-6. State civil and criminal jurisdiction.

460aa-7. Hunting and fishing regulations.

460aa-8. Federal-State water rights.

460aa-9. Mining restriction; Federal lands withdrawn from

location, entry, and patent under United States

mining laws.

460aa-10. Land surface protection; regulations.

460aa-11. Patents; restriction on issuance.

460aa-12. Authorization of appropriations; availability of

land and water conservation fund money.

460aa-13. Area analysis for park or park administrative unit

proposal.

460aa-14. Separability.

SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL RECREATION AREA

460bb. Establishment.

460bb-1. Composition and boundaries.

460bb-2. Acquisition policy.

460bb-3. Administration.

460bb-4. Golden Gate National Recreation Area Advisory

Commission.

460bb-5. Authorization of appropriations; limitation;

adjustments.

SUBCHAPTER LXXXVII - GATEWAY NATIONAL RECREATION AREA

460cc. Establishment.

460cc-1. Acquisition of property.

460cc-2. Administration.

460cc-3. Gateway National Recreation Area Advisory

Commission.

460cc-4. Authorization of appropriations; limitation;

adjustments.

SUBCHAPTER LXXXVIII - GLEN CANYON NATIONAL RECREATION AREA

460dd. Establishment; boundaries; publication in Federal

Register.

460dd-1. Acquisition of property.

460dd-2. Public lands.

460dd-3. Administration, protection, and development;

statutory authorities for conservation and

management of natural resources; Glen Canyon Dam

and Reservoir.

460dd-4. Hunting and fishing.

460dd-5. Mineral and grazing leases; Bureau of Land

Management administration and policies.

460dd-6. Easements and rights-of-way.

460dd-7. Proposed road study.

460dd-8. Report to President.

460dd-9. Authorization of appropriations; limitation.

SUBCHAPTER LXXXIX - BIG SOUTH FORK NATIONAL RIVER AND RECREATION

AREA

460ee. Establishment.

SUBCHAPTER XC - CUYAHOGA VALLEY NATIONAL PARK

460ff. Establishment.

460ff-1. Acquisition of land.

460ff-2. Land acquisition plan.

460ff-3. Administration.

460ff-4. Repealed.

460ff-5. Authorization of appropriations; master plan.

SUBCHAPTER XCI - HELLS CANYON NATIONAL RECREATION AREA

460gg. Establishment.

460gg-1. Wilderness designation.

460gg-2. Federal power and water resources projects.

460gg-3. Present and future use of Snake River.

460gg-4. Administration, protection, and development.

460gg-5. Management plan for recreation area.

460gg-6. Acquisition of property.

460gg-7. Rules and regulations.

460gg-8. Lands withdrawn from location, entry, and patent

under United States mining laws.

460gg-9. Hunting and fishing.

460gg-10. Ranching, grazing, etc., as valid uses of area.

460gg-11. Civil and criminal jurisdiction of Idaho and

Oregon.

460gg-12. Development and operation of facilities and

services; cooperation with Federal, State, etc.,

agencies.

460gg-13. Authorization of appropriations.

SUBCHAPTER XCII - CHICKASAW NATIONAL RECREATION AREA

460hh. Establishment; boundaries; publication in Federal

Register.

460hh-1. Acquisition of property.

460hh-2. Establishment of hunting and fishing zones;

exceptions; consultation with State agencies.

460hh-3. Law governing; Arbuckle Dam and Reservoir.

460hh-4. Platt National Park designation repealed;

incorporation of areas into Chickasaw National

Recreation Area.

460hh-5. Concurrent legislative jurisdiction with State of

Oklahoma; requisites; notice in Federal Register.

460hh-6. Authorization of appropriations.

SUBCHAPTER XCIII - CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

460ii. Establishment; boundaries; publication in Federal

Register.

460ii-1. Acquisition of property.

460ii-2. Administration, protection, and development.

460ii-3. Federal supervision of water resources projects.

460ii-4. Funding sources and general management plan.

460ii-5. Chattahoochee River National Recreation Area

Advisory Commission.

SUBCHAPTER XCIV - ARAPAHO NATIONAL RECREATION AREA

460jj. Establishment.

460jj-1. Land acquisition.

460jj-2. Hunting and fishing.

460jj-3. Permits for facilities and services.

460jj-4. Application of State water laws.

460jj-5. Filing of maps.

460jj-6. State civil and criminal jurisdiction.

460jj-7. Authorization of appropriations.

SUBCHAPTER XCV - SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA

460kk. Establishment.

SUBCHAPTER XCVI - RATTLESNAKE NATIONAL RECREATION AREA

460ll. Findings and declaration of policy.

460ll-1. Rattlesnake Wilderness.

460ll-2. Rattlesnake National Recreation Area.

460ll-3. Land acquisition and exchange.

460ll-4. Filing of maps and descriptions.

460ll-5. Authorization of appropriations.

(SUBCHAPTER XCVII - RESERVED)

SUBCHAPTER XCVIII - STEESE NATIONAL CONSERVATION AREA AND WHITE

MOUNTAINS NATIONAL RECREATION AREA

460mm. Establishment of conservation area.

460mm-1. Administration of conservation area.

460mm-2. Establishment of recreation area.

460mm-3. Rights of holders of unperfected mining claims.

460mm-4. Administration of recreation area.

SUBCHAPTER XCIX - WHITE ROCKS NATIONAL RECREATION AREA

460nn. Findings and purpose.

460nn-1. Establishment.

460nn-2. Map and description.

460nn-3. Administration.

SUBCHAPTER C - OREGON CASCADES RECREATION AREA

460oo. Establishment.

SUBCHAPTER CI - MOUNT BAKER RECREATION AREA

460pp. Establishment.

SUBCHAPTER CII - ALLEGHENY NATIONAL RECREATION AREA

460qq. Establishment.

SUBCHAPTER CIII - PINE RIDGE NATIONAL RECREATION AREA

460rr. Establishment.

460rr-1. Map and description.

460rr-2. Administration.

SUBCHAPTER CIV - KLAMATH RIVER CONSERVATION AREA

460ss. Findings.

460ss-1. Establishment.

460ss-2. Klamath Fishery Management Council.

460ss-3. Klamath River Basin Fisheries Task Force.

460ss-4. Enforcement.

460ss-5. Appropriations.

460ss-6. Definitions.

SUBCHAPTER CV - CROSS FLORIDA NATIONAL CONSERVATION AREA

460tt. Cross Florida Barge Canal.

SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA

PART A - EL MALPAIS NATIONAL MONUMENT

460uu. Establishment; description of area.

460uu-1. Transfer of administrative control of lands and

waters.

460uu-2. Management.

460uu-3. Grazing permits.

PART B - MASAU TRAIL

460uu-11. Designation.

460uu-12. Areas included.

460uu-13. Information and interpretation.

460uu-14. Markers.

PART C - EL MALPAIS NATIONAL CONSERVATION AREA

460uu-21. Establishment; description of area.

460uu-22. Management.

PART D - WILDERNESS

460uu-31. Designation; description of area.

460uu-32. Management; provisions applicable.

PART E - GENERAL PROVISIONS

460uu-41. Management plans.

460uu-42. Acquisition of lands and interests.

460uu-43. State exchanges of lands and interests.

460uu-44. Mineral exchanges.

460uu-45. Acoma Pueblo exchanges.

460uu-46. Exchanges and acquisitions generally; withdrawal.

460uu-47. Access.

460uu-48. Cooperative agreements with Federal, State and

local public departments and agencies.

460uu-49. Water rights.

460uu-50. Authorization of appropriations.

SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND

WILDERNESS AREA

460vv. Findings and purposes.

460vv-1. Additions to National Wilderness Preservation

System.

460vv-2. Maps and descriptions.

460vv-3. Administration.

460vv-4. Wilderness review.

460vv-5. Adjacent management.

460vv-6. Winding Stair Mountain National Recreation Area.

460vv-7. Botanical areas.

460vv-8. Indian Nations National Scenic and Wildlife Area.

460vv-9. Beech Creek National Scenic Area.

460vv-10. Nomenclature.

460vv-11. Timber management report.

460vv-12. Advisory committee.

460vv-13. Planning.

460vv-14. Fire, insect, and disease.

460vv-15. Grazing.

460vv-16. Fishing and wildlife.

460vv-17. Permits.

460vv-18. Land acquisition.

460vv-19. Acreages.

SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

460ww. Establishment.

460ww-1. Administration.

460ww-2. Miscellaneous.

460ww-3. Authorization of appropriations.

460ww-4. Special conditions.

460ww-5. Advisory committee.

SUBCHAPTER CIX - SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

460xx. Establishment.

460xx-1. Management.

460xx-2. Management plan.

460xx-3. Advisory committee.

460xx-4. Land acquisition.

460xx-5. Report to Congress.

460xx-6. Authorization of appropriations.

SUBCHAPTER CX - CITY OF ROCKS NATIONAL RESERVE

460yy. Establishment.

460yy-1. Plan and management.

SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA

PART A - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA

460zz. Findings and purposes.

460zz-1. Establishment.

460zz-2. Mississippi River Coordinating Commission.

460zz-3. Federal lands and developments.

460zz-4. Administration.

460zz-5. State and local assistance and jurisdiction.

460zz-6. Authorization of appropriations.

PART B - TRI-RIVERS MANAGEMENT

460zz-11. Tri-Rivers Management Board.

SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

460aaa. Establishment.

460aaa-1. Boundaries.

460aaa-2. Administration.

460aaa-3. Acquisition.

460aaa-4. Fish and game.

460aaa-5. Minerals.

460aaa-6. Management plan.

460aaa-7. Grand Island Advisory Commission.

460aaa-8. Authorization of appropriations.

SUBCHAPTER CXIII - SMITH RIVER NATIONAL RECREATION AREA

460bbb. Findings.

460bbb-1. Definitions.

460bbb-2. Establishment.

460bbb-3. Administration.

460bbb-4. Acquisition and disposal of lands and other

property.

460bbb-5. Fish and game.

460bbb-6. Minerals.

460bbb-7. Management planning.

460bbb-8. Streamside protection zones.

460bbb-9. State and local jurisdiction and assistance.

460bbb-10. Savings provision.

460bbb-11. Authorization of appropriations.

SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA

460ccc. Definitions.

460ccc-1. Establishment.

460ccc-3. Management plan.

460ccc-4. Acquisitions.

460ccc-5. Withdrawal; exchange of lands.

460ccc-6. Cooperative agreements.

460ccc-7. Coordinated management.

460ccc-8. Water.

460ccc-9. No buffer zones.

460ccc-10. Authorization of appropriations.

SUBCHAPTER CXV - GILA BOX RIPARIAN NATIONAL CONSERVATION AREA

460ddd. Establishment.

SUBCHAPTER CXVI - LAKE MEREDITH NATIONAL RECREATION AREA

460eee. Establishment.

460eee-1. Administration.

460eee-2. Authorization of appropriations.

SUBCHAPTER CXVII - AMISTAD NATIONAL RECREATION AREA

460fff. Establishment.

460fff-1. Administration.

460fff-2. Authorization of appropriations.

SUBCHAPTER CXVIII - ED JENKINS NATIONAL RECREATION AREA AND COOSA

BALD NATIONAL SCENIC AREA

460ggg. Wilderness.

460ggg-1. National scenic area.

460ggg-2. Recreation area.

460ggg-3. Maps and legal descriptions.

SUBCHAPTER CXIX - SPRING MOUNTAINS NATIONAL RECREATION AREA

460hhh. Definitions.

460hhh-1. Purposes.

460hhh-2. Establishment.

460hhh-3. Management.

460hhh-4. Management plan.

460hhh-5. Acquisition of lands.

460hhh-6. Withdrawal.

460hhh-7. Cooperative agreements.

460hhh-8. Authorization of appropriations.

SUBCHAPTER CXX - SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION

AREA

460iii. Findings.

460iii-1. Definitions.

460iii-2. Establishment.

460iii-3. Management and use.

460iii-4. Additions.

460iii-5. Other laws and administrative provisions.

460iii-6. Authorization of appropriations.

SUBCHAPTER CXXI - JEMEZ NATIONAL RECREATIONAL AREA

460jjj. Establishment.

460jjj-1. Administration.

460jjj-2. Minerals and mining.

460jjj-3. Adjoining lands.

460jjj-4. Acquisition of land.

460jjj-5. Authorization of appropriations.

SUBCHAPTER CXXII - BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA

460kkk. Boston Harbor Islands National Recreation Area.

SUBCHAPTER CXXIII - LAND BETWEEN THE LAKES PROTECTION

460lll. Definitions.

460lll-1. Purposes.

PART A - ESTABLISHMENT, ADMINISTRATION, AND JURISDICTION

460lll-11. Establishment.

460lll-12. Civil and criminal jurisdiction.

460lll-13. Payments to States and counties.

460lll-14. Forest highways.

PART B - MANAGEMENT PROVISIONS

460lll-21. Land and resource management plan.

460lll-22. Advisory Board.

460lll-23. Fees.

460lll-24. Disposition of receipts.

460lll-25. Special use authorizations.

460lll-26. Cooperative authorities and gifts.

460lll-27. Designation of national recreation trail.

460lll-28. Cemeteries.

460lll-29. Resource management.

460lll-30. Hematite Dam.

460lll-31. Trust Fund.

PART C - TRANSFER PROVISIONS

460lll-41. Effective date of transfer.

460lll-42. Statement of policy.

460lll-43. Memorandum of agreement.

460lll-44. Records.

460lll-45. Transfer of personal property.

460lll-46. Compliance with environmental laws.

460lll-47. Personnel.

460lll-48. Tennessee Valley Authority transfer costs.

460lll-49. Tennessee Valley Authority transfer funding.

PART D - FUNDING

460lll-61. Authorization of appropriations.

SUBCHAPTER CXXIV - COLORADO CANYONS NATIONAL CONSERVATION AREA

460mmm. Findings and purpose.

460mmm-1. Definitions.

460mmm-2. Colorado Canyons National Conservation Area.

460mmm-3. Black Ridge Canyons Wilderness designation.

460mmm-4. Management.

460mmm-5. Maps and legal descriptions.

460mmm-6. Advisory Council.

460mmm-7. Public access.

SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND

PROTECTION AREA

460nnn. Definitions.

460nnn-1. Maps and legal descriptions.

460nnn-2. Valid existing rights.

460nnn-3. Protection of tribal rights.

PART A - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

SUBPART 1 - DESIGNATION AND PURPOSES

460nnn-11. Designation of Steens Mountain Cooperative

Management and Protection Area.

460nnn-12. Purpose and objectives of Cooperative Management

and Protection Area.

SUBPART 2 - MANAGEMENT OF FEDERAL LANDS

460nnn-21. Management authorities and purposes.

460nnn-22. Roads and travel access.

460nnn-23. Land use authorities.

460nnn-24. Land acquisition authority.

460nnn-25. Special use permits.

SUBPART 3 - COOPERATIVE MANAGEMENT

460nnn-41. Cooperative management agreements.

460nnn-42. Cooperative efforts to control development and

encourage conservation.

SUBPART 4 - ADVISORY COUNCIL

460nnn-51. Establishment of advisory council.

460nnn-52. Advisory role in management activities.

460nnn-53. Science committee.

PART B - STEENS MOUNTAIN WILDERNESS AREA

460nnn-61. Designation of Steens Mountain Wilderness Area.

460nnn-62. Administration of Wilderness Area.

460nnn-63. Water rights.

460nnn-64. Treatment of wilderness study areas.

PART C - WILD AND SCENIC RIVERS AND TROUT RESERVE

460nnn-71. Designation of streams for wild and scenic river

status in Steens Mountain Area.

460nnn-72. Donner und Blitzen River Redband Trout Reserve.

PART D - MINERAL WITHDRAWAL AREA

460nnn-81. Designation of mineral withdrawal area.

460nnn-82. Treatment of State lands and mineral interests.

PART E - ESTABLISHMENT OF WILDLANDS JUNIPER MANAGEMENT AREA

460nnn-91. Wildlands Juniper Management Area.

460nnn-92. Release from wilderness study area status.

PART F - LAND EXCHANGES

460nnn-101. Land exchange, Roaring Springs Ranch.

460nnn-102. Land exchanges, C. M. Otley and Otley Brothers.

460nnn-103. Land exchange, Tom J. Davis Livestock,

Incorporated.

460nnn-104. Land exchange, Lowther (Clemens) Ranch.

460nnn-105. General provisions applicable to land exchanges.

PART G - FUNDING AUTHORITIES

460nnn-121. Authorization of appropriations.

460nnn-122. Use of land and water conservation fund.

SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA

460ooo. Definitions.

460ooo-1. Establishment of the Sonoita Valley Acquisition

Planning District.

460ooo-2. Purposes of the Acquisition Planning District.

460ooo-3. Establishment of the Las Cienegas National

Conservation Area.

460ooo-4. Management of the Las Cienegas National

Conservation Area.

460ooo-5. Management plan.

460ooo-6. Land acquisition.

460ooo-7. Reports to Congress.

SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT

TRAILS NATIONAL CONSERVATION AREA

460ppp. Findings.

460ppp-1. Definitions.

460ppp-2. Establishment of the conservation area.

460ppp-3. Management.

460ppp-4. Withdrawal.

460ppp-5. No buffer zones.

460ppp-6. Wilderness.

460ppp-7. Authorization of appropriations.

SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA

460qqq. Purpose.

460qqq-1. Definitions.

460qqq-2. Establishment.

460qqq-3. Management.

460qqq-4. Sale of Federal parcel.

460qqq-5. Right-of-way.

-CITE-

16 USC SUBCHAPTER I - NATIONAL PARK SERVICE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

.

-HEAD-

SUBCHAPTER I - NATIONAL PARK SERVICE

-CITE-

16 USC Sec. 1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1. Service created; director; other employees

-STATUTE-

There is created in the Department of the Interior a service to

be called the National Park Service, which shall be under the

charge of a director who shall be appointed by the President, by

and with the advice and consent of the Senate. The Director shall

have substantial experience and demonstrated competence in land

management and natural or cultural resource conservation. The

Director shall select two Deputy Directors. The first Deputy

Director shall have responsibility for National Park Service

operations, and the second Deputy Director shall have

responsibility for other programs assigned to the National Park

Service. There shall also be in said service such subordinate

officers, clerks, and employees as may be appropriated for by

Congress. The service thus established shall promote and regulate

the use of the Federal areas known as national parks, monuments,

and reservations hereinafter specified, except such as are under

the jurisdiction of the Secretary of the Army, as provided by law,

by such means and measures as conform to the fundamental purpose of

the said parks, monuments, and reservations, which purpose is to

conserve the scenery and the natural and historic objects and the

wild life therein and to provide for the enjoyment of the same in

such manner and by such means as will leave them unimpaired for the

enjoyment of future generations.

-SOURCE-

(Aug. 25, 1916, ch. 408, Sec. 1, 39 Stat. 535; Ex. Ord. No. 6166,

Sec. 2, June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub.

L. 104-333, div. I, title VIII, Sec. 814(e)(1), Nov. 12, 1996, 110

Stat. 4196.)

-COD-

CODIFICATION

Provisions relating to the pay of certain employees have been

omitted as the pay of the employees is fixed pursuant to chapter 51

and subchapter III of chapter 53 of Title 5, Government

Organization and Employees.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-333 amended first sentence by substituting

''who shall be appointed by the President, by and with the advice

and consent of the Senate. The Director shall have substantial

experience and demonstrated competence in land management and

natural or cultural resource conservation. The Director shall

select two Deputy Directors. The first Deputy Director shall have

responsibility for National Park Service operations, and the second

Deputy Director shall have responsibility for other programs

assigned to the National Park Service.'' for original text which

read ''who shall be appointed by the Secretary and who shall

receive a salary of $4,500 per annum.''

-CHANGE-

CHANGE OF NAME

Office of National Parks, Buildings, and Reservations designated

National Park Service by act Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat.

389.

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

EFFECTIVE DATE OF 1996 AMENDMENT

Section 814(e)(2) of div. I of Pub. L. 104-333 provided that:

''The amendment made by subsection (a) (probably should be

''paragraph (1)'', which amended this section) shall take effect on

February 1, 1997, and shall apply with respect to the individual

(if any) serving as the Director of the National Park Service on

that date.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-236, Sec. 1, Oct. 9, 2002, 116 Stat. 1483, provided

that: ''This Act (amending section 460kk of this title) may be

cited as the 'Santa Monica Mountains National Recreation Area

Boundary Adjustment Act'.''

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-510, Sec. 1, Nov. 13, 2000, 114 Stat. 2363, provided

that: ''This Act (amending sections 391b, 391d, 392c, 396b, 396c,

396d, 397 to 397b, 397d, and 1244 of this title and section 1026 of

Title 30, Mineral Lands and Mining, enacting provisions set out as

notes under sections 391d, 396b, 396d, and 397 of this title, and

amending provisions set out as notes under sections 1a-1 and 391 of

this title, section 1005 of Title 30, provisions listed in a table

of National Historic Sites set out under section 461 of this title,

and provisions listed in a table of Wilderness Areas set out under

section 1132 of this title) may be cited as the 'Hawaii Volcanoes

National Park Adjustment Act of 2000'.''

Pub. L. 106-176, Sec. 1(a), Mar. 10, 2000, 114 Stat. 23, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Omnibus Parks Technical Corrections Act of 2000'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-391, title III, Sec. 301, Nov. 13, 1998, 112 Stat.

3501, provided that: ''This title (amending section 1a-5 of this

title and enacting provisions set out as a note under section 1a-5

of this title) may be cited as the 'National Park System New Areas

Studies Act'.''

SHORT TITLE OF 1996 AMENDMENT

Section 1 of Pub. L. 104-333 provided that: ''This Act (see

Tables for classification) may be cited as the 'Omnibus Parks and

Public Lands Management Act of 1996'.''

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 98-141, Sec. 1, Oct. 31, 1983, 97 Stat. 909, provided:

''That this Act (amending sections 459b-8, 459g-7, and 460x-14 of

this title and sections 872, 874, 875, 880, and 885 of former Title

40, Public Buildings, Property, and Works, repealing section 433e

of this title, and amending provisions set out as a note under

section 433c of this title) may be cited as the 'Public Lands and

National Parks Act of 1983'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-625, Sec. 1, Nov. 10, 1978, 92 Stat. 3467, provided

that: ''This Act (enacting chapter 45 and sections 45f, 230 to

230i, 241g, 396d, 410y-1a, 441e-1, 459c-6b, 460m-15 to 460m-25,

460kk, 471i, and 1285a of this title, amending sections 1a-5, 1a-7,

273f, 282c, 283e, 397 to 397d, 410y-6, 410z, 410z-1, 430mm,

450mm-1, 450qq-4, 459c-1, 459c-5, 459e, 459e-1, 459e-6, 459e-9,

459h-10, 459i, 459i-9, 460l-8, 460m-14, 460o-1, 460q-9, 460u-9,

460aa-12, 460bb-1 to 460bb-4, 460ff-1, 460ff-3, 460ff-5, 460gg,

463, 469c, 470t, 698m, 1241, 1242, 1244 to 1247, 1249, 1273, 1274,

1276, 1277, 1283, and 1287 of this title, repealing sections 45a-3

and 688 of this title, enacting provisions set out as notes under

sections 1a-5, 45a-1, 45f, 410z, 430nn, 430oo, 431, 461, 602, 688,

1246, 1274, and 2501 of this title, and amending provisions set out

as notes under sections 431, 433c, 450bb, 461, and 1132 of this

title) may be cited as the 'National Parks and Recreation Act of

1978'.''

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-383, Aug. 18, 1970, 84 Stat. 825, as amended, which

enacted sections 1a-1 to 1a-7 of this title, amended sections 1b,

1c, 17j, 460n-5, 463, 470a, and 559 of this title, and repealed

sections 10, 10a, 17b-1, and 415 of this title, is popularly known

as the ''National Park System General Authorities Act''.

SHORT TITLE

Act of August 25, 1916, ch. 408, 39 Stat. 535, as amended, which

is classified generally to this section and sections 2, 3, and 4 of

this title, is popularly known as the ''National Park Service

Organic Act''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

Functions of Federal Works Agency and of all agencies thereof,

together with functions of Federal Works Administrator, and

functions of Commissioner of Public Buildings, and Public Buildings

Administration, transferred to Administrator of General Services by

act June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.

Federal Works Agency, Office of Federal Works Administrator, Office

of Commissioner of Public Buildings, and Public Building

Administration abolished by section 103(b) of that act. See text

of, and Historical and Revision Notes under, section 303(b) of

Title 40, Public Buildings, Property, and Works.

Branch of Buildings Management of National Park Service in

Department of the Interior and its functions and personnel, except

those relating to monuments and memorials, and certain functions of

National Park Service in connection with public buildings in

District of Columbia, together with personnel engaged exclusively

in such functions, transferred to Public Buildings Administration,

and functions of Secretary of the Interior and Director of National

Park Service relating thereto transferred to Federal Works

Administrator by Reorg. Plan No. I of 1939, Sec. 301, 303, eff.

July 1, 1939, 4 F.R. 2729, 53 Stat. 1427, set out in the Appendix

to Title 5.

Mount Rushmore National Memorial Commission and its functions

transferred to National Park Service by Reorg. Plan No. II of 1939,

Sec. 4(i), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1434, set out

in the Appendix to Title 5.

Functions of administration of public buildings, reservations,

national parks, national monuments, and national cemeteries,

including those with respect to enumerated national cemeteries and

parks of War Department located within continental limits of United

States, consolidated, with certain exceptions, in National Park

Service in Department of the Interior by Ex. Ord. No. 6166, set out

as a note under section 901 of Title 5. Cemeteries and parks

located outside of continental United States remained under War

Department.

-MISC5-

NATIONAL PARK POLICE DRUG ENFORCEMENT SUPPLEMENTAL AUTHORITY ACT

Pub. L. 99-570, title V, subtitle B (Sec. 5051, 5052), Oct. 27,

1986, 100 Stat. 3207-156, as amended by Pub. L. 100-690, title VI,

Sec. 6254(d)(2), Nov. 18, 1988, 102 Stat. 4365, provided that:

''SEC. 5051. SHORT TITLE.

''This subtitle may be cited as the 'National Park Police Drug

Enforcement Supplemental Authority Act'.

''SEC. 5052. NATIONAL PARK AUTHORIZATION.

''In order to improve Federal law enforcement activities relating

to the use and production of narcotics and controlled substances in

National Park System units, from amounts appropriated there shall

be made available to the Secretary of the Interior, in addition to

sums made available under other authority of law, $3,000,000 for

fiscal year 1989, and for each fiscal year thereafter, to be used

for the employment and training of officers or employees of the

Department of the Interior designated pursuant to section 10(b) of

the Act of August 18, 1970 (16 U.S.C. 1a-6), for equipment and

facilities to be used by such personnel, and for expenses related

to such employment, training, equipment, and facilities.''

CODIFICATION OF LAWS RELATING TO UNITED STATES PARK POLICE;

FEASIBILITY STUDY AND REPORT BY SECRETARY OF THE INTERIOR

Pub. L. 94-533, Sec. 3, Oct. 17, 1976, 90 Stat. 2494, directed

Secretary of the Interior to submit to Congress not later than one

year after Oct. 17, 1976, a report on feasibility and desirability

of enacting as a part of United States Code those provisions

concerning powers, duties, functions, salaries, and benefits of

officers and members of the United States Park Police force which

presently are contained in several statutes and are compiled in

District of Columbia Code.

NATIONAL PARK CENTENNIAL COMMISSION

Pub. L. 91-332, July 10, 1970, 84 Stat. 427, provided that 1972

was to be designated by President as ''National Parks Centennial

Year'', in recognition in 1872 of establishment of world's first

national park at Yellowstone. There was also established a National

Park Centennial Commission, composed of four members of Senate,

four members of House, Secretary of the Interior, and six persons

to be appointed by President. The Commission was empowered to

prepare a suitable plan for commemoration of establishment of

Yellowstone, to coordinate all activities under such plan, and to

provide host services for a world conference on National Parks in

1972. The Commission was to submit a final report of its

activities, including an accounting of funds received and expended,

to Congress, not later than Dec. 31, 1973, and was to cease to

exist upon submission of said report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a-1, 1c, 3, 4, 21b, 45f,

79i, 80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197,

201b, 205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d,

281d, 282a, 283c, 284a, 291b, 342, 345, 346a-2, 355a, 391b-1, 396b,

396d, 397d, 398c, 401, 403-3, 403b, 404b, 406d-2, 407a, 407q, 408b,

409e, 410b, 410r-7, 410w, 410y-5, 410z-4, 410aa-2, 410bb-1, 410ee,

410ff-3, 410gg-2, 410hh-2, 410ii-5, 410jj-4, 410kk-1, 410ll,

410mm-1, 410nn-1, 410oo-3, 410qq-2, 410rr-3, 410rr-7, 410ss-1,

410tt-3, 410vv-2, 410ww-4, 410xx-1, 410yy-2, 410aaa-2, 410aaa-23,

410aaa-46, 410bbb-2, 410ccc-2, 410ddd, 410eee-3, 410fff-2,

410ggg-1, 410hhh-5, 410iii-5, 423h-2, 423l-5, 423o, 426m, 428d-3,

428o, 429a-2, 430f-5, 430f-10, 430m, 430w, 430cc, 430hh, 430ll,

430ss, 430uu-2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e-1,

450n, 450q, 450t, 450y-1, 450y-6, 450bb-1, 450cc-1, 450dd-1,

450ee-1, 450ff-2, 450hh-2, 450jj-5, 450mm-3, 450oo-9, 450pp-1,

450ss-2, 450ss-4, 459a-1, 459b-6, 459c-6, 459d-4, 459h-4, 459i-5,

459j-4, 460, 460a-2, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5,

460x-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ff-3, 460hh-3,

460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1,

460kkk, 467b, 698c, 698i, 698n, 698r, 698u-3, 698w, 1133, 1902,

3125, 5931, 5951, 5959 of this title; title 30 section 1014; title

36 section 153513; title 40 section 1314; title 48 section 1705.

-CITE-

16 USC Sec. 1a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948

-MISC1-

Section, act June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213,

related to residence of United States Commissioners (now magistrate

judges).

-CITE-

16 USC Sec. 1a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-1. National Park System: administration; declaration of

findings and purpose

-STATUTE-

Congress declares that the national park system, which began with

establishment of Yellowstone National Park in 1872, has since grown

to include superlative natural, historic, and recreation areas in

every major region of the United States, its territories and island

possessions; that these areas, though distinct in character, are

united through their inter-related purposes and resources into one

national park system as cumulative expressions of a single national

heritage; that, individually and collectively, these areas derive

increased national dignity and recognition of their superb

environmental quality through their inclusion jointly with each

other in one national park system preserved and managed for the

benefit and inspiration of all the people of the United States; and

that it is the purpose of this Act to include all such areas in the

System and to clarify the authorities applicable to the system.

Congress further reaffirms, declares, and directs that the

promotion and regulation of the various areas of the National Park

System, as defined in section 1c of this title, shall be consistent

with and founded in the purpose established by section 1 of this

title, to the common benefit of all the people of the United

States. The authorization of activities shall be construed and the

protection, management, and administration of these areas shall be

conducted in light of the high public value and integrity of the

National Park System and shall not be exercised in derogation of

the values and purposes for which these various areas have been

established, except as may have been or shall be directly and

specifically provided by Congress.

-SOURCE-

(Pub. L. 91-383, Sec. 1, Aug. 18, 1970, 84 Stat. 825; Pub. L.

95-250, title I, Sec. 101(b), Mar. 27, 1978, 92 Stat. 166.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 91-383, Aug. 18,

1970, 84 Stat. 825, as amended, popularly known as the ''National

Park System General Authorities Act''. As originally enacted, Pub.

L. 91-383 contained sections 1 to 4, the first 3 of which enacted

sections 1a-1 and 1a-2 and amended sections 1b and 1c of this

title. Pub. L. 94-458 amended Pub. L. 91-383 by adding sections 5

to 12, which enacted sections 1a-3 to 1a-7, amended sections 17j,

460n-5, 463, 470a, and 559, and repealed sections 10, 10a, 17b-1,

and 415 of this title. Pub. L. 103-322 amended Pub. L. 91-383 by

adding section 13, which enacted section 1a-7a of this title. For

complete classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-250 provided that the promotion and regulation

of the various areas of the National Park System, as defined in

section 1c of this title, be consistent with and founded in the

purpose established by section 1 of this title, to the common

benefit of all the people of the United States, and that the

authorization of activities be construed and the protection,

management, and administration of these areas be conducted in light

of the high public value and integrity of the National Park System

and not be exercised in derogation of the values and purposes for

which these various areas have been established, except as may have

been or shall be directly and specifically provided by Congress.

SHORT TITLE

Pub. L. 91-383 is popularly known as the ''National Park System

General Authorities Act''. For complete classification of this Act

to the Code, see References in Text note above and Tables.

STUDY OF AIR TRAFFIC OVER GRAND CANYON

Pub. L. 102-581, title I, Sec. 134, Oct. 31, 1992, 106 Stat.

4887, provided that:

''(a) Study. - The Administrator of the Federal Aviation

Administration, in consultation with the Director of the National

Park Service, the State of Arizona, the State of Nevada, the Clark

County Department of Aviation, affected Indian tribes, and the

general public, shall conduct a study on increased air traffic over

Grand Canyon National Park.

''(b) Report. - The Administrator of the Federal Aviation

Administration shall submit to Congress a report on the results of

the study conducted under subsection (a). The report shall include

the following:

''(1) A report on the increase in air traffic over Grand Canyon

National Park since 1987.

''(2) A forecast of the increase in air traffic over Grand

Canyon National Park through 2010.

''(3) A report on the carrying capacity of the airspace over

Grand Canyon National Park to ensure aviation safety and to meet

the requirements established by section 3 of the Act of August

18, 1987 (Public Law 100-91; 101 Stat. 676) (set out below),

including the substantial restoration of natural quiet at the

Park.

''(4) A plan of action to manage increased air traffic over

Grand Canyon National Park to ensure aviation safety and to meet

the requirements established by such section 3 of the Act of

August 18, 1987, including any measures to encourage or require

the use of quiet aircraft technology by commercial air tour

operators.''

REMOVAL OF FERAL BURROS AND HORSES FROM DEATH VALLEY NATIONAL

MONUMENT

Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1384, provided

in part: ''That in fiscal year 1993 and thereafter, the National

Park Service may use helicopters and motorized equipment at Death

Valley National Monument for removal of feral burros and horses''.

STUDY TO DETERMINE APPROPRIATE MINIMUM ALTITUDE FOR AIRCRAFT FLYING

OVER NATIONAL PARK SYSTEM UNITS

Pub. L. 100-91, Aug. 18, 1987, 101 Stat. 674, as amended by Pub.

L. 106-510, Sec. 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat. 2363,

provided that:

''SECTION 1. STUDY OF PARK OVERFLIGHTS.

''(a) Study by Park Service. - The Secretary of the Interior

(hereinafter referred to as the 'Secretary'), acting through the

Director of the National Park Service, shall conduct a study to

determine the proper minimum altitude which should be maintained by

aircraft when flying over units of the National Park System. The

Secretary of Transportation, acting through the Administrator of

the Federal Aviation Administration (hereinafter referred to as the

'Administrator'), shall provide technical assistance to the

Secretary in carrying out the study.

''(b) General Requirements of Study. - The study shall identify

any problems associated with overflight by aircraft of units of the

National Park System and shall provide information regarding the

types of overflight which may be impacting on park unit resources.

The study shall distinguish between the impacts caused by

sightseeing aircraft, military aircraft, commercial aviation,

general aviation, and other forms of aircraft which affect such

units. The study shall identify those park system units, and

portions thereof, in which the most serious adverse impacts from

aircraft overflights exist.

''(c) Specific Requirements. - The study under this section shall

include research at the following units of the National Park

System: Cumberland Island National Seashore, Yosemite National

Park, Hawaii Volcanoes National Park, HaleakalaAE8 National Park,

Glacier National Park, and Mount Rushmore National Memorial, and at

no less than four additional units of the National Park System,

excluding all National Park System units in the State of Alaska.

The research at each such unit shall provide information and an

evaluation regarding each of the following:

''(1) the impacts of aircraft noise on the safety of the park

system users, including hikers, rock-climbers, and boaters;

''(2) the impairment of visitor enjoyment associated with

flights over such units of the National Park System;

''(3) other injurious effects of overflights on the natural,

historical, and cultural resources for which such units were

established; and

''(4) the values associated with aircraft flights over such

units of the National Park System in terms of visitor enjoyment,

the protection of persons or property, search and rescue

operations and firefighting.

Such research shall evaluate the impact of overflights by both

fixed-wing aircraft and helicopters. The research shall include an

evaluation of the differences in noise levels within such units of

the National Park System which are associated with flight by

commonly used aircraft at different altitudes. The research shall

apply only to overflights and shall not apply to landing fields

within, or adjacent to, such units.

''(d) Report to Congress. - The Secretary shall submit a report

to the Congress within 3 years after the enactment of this Act

(Aug. 18, 1987) containing the results of the study carried out

under this section. Such report shall also contain recommendations

for legislative and regulatory action which could be taken

regarding the information gathered pursuant to paragraphs (1)

through (4) of subsection (c). Before submission to the Congress,

the Secretary shall provide a draft of the report and

recommendations to the Administrator for review. The Administrator

shall review such report and recommendations and notify the

Secretary of any adverse effects which the implementation of such

recommendations would have on the safety of aircraft operations.

The Administrator shall consult with the Secretary to resolve

issues relating to such adverse effects. The final report shall

include a finding by the Administrator that implementation of the

recommendations of the Secretary will not have adverse effects on

the safety of aircraft operations, or if the Administrator is

unable to make such finding, a statement by the Administrator of

the reasons he believes the Secretary's recommendations will have

an adverse effect on the safety of aircraft operations.

''(e) FAA Review of Rules. - The Administrator shall review

current rules and regulations pertaining to flights of aircraft

over units of the National Park System at which research is

conducted under subsection (c) and over any other such units at

which such a review is determined necessary by the Administrator or

is requested by the Secretary. In the review under this subsection,

the Administrator shall determine whether changes are needed in

such rules and regulations on the basis of aviation safety. Not

later than 180 days after the identification of the units of the

National Park System for which research is to be conducted under

subsection (c), the Administrator shall submit a report to Congress

containing the results of the review along with recommendations for

legislative and regulatory action which are needed to implement any

such changes.

''(f) Authorization. - There are authorized to be appropriated

such sums as may be necessary to carry out the studies and review

under this section.

''SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALAAE8 DURING STUDY AND

REVIEW.

''(a) Yosemite National Park. - During the study and review

periods provided in subsection (c), it shall be unlawful for any

fixed wing aircraft or helicopter flying under visual flight rules

to fly at an altitude of less than 2,000 feet over the surface of

Yosemite National Park. For purposes of this subsection, the term

'surface' refers to the highest terrain within the park which is

within 2,000 feet laterally of the route of flight and with respect

to Yosemite Valley such term refers to the upper-most rim of the

valley.

''(b) HaleakalaAE8 National Park. - During the study and review

periods provided in subsection (c), it shall be unlawful for any

fixed wing aircraft or helicopter flying under visual flight rules

to fly at an altitude below 9,500 feet above mean sea level over

the surface of any of the following areas in HaleakalaAE8 National

Park: Haleakala Crater, Crater Cabins, the Scientific Research

Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist

viewpoint.

''(c) Study and Review Periods. - For purposes of subsections (a)

and (b), the study period shall be the period of the time after the

date of enactment of this Act (Aug. 18, 1987) and prior to the

submission of the report under section 1. The review period shall

comprise a 2-year period for Congressional review after the

submission of the report to Congress.

''(d) Exceptions. - The prohibitions contained in subsections (a)

and (b) shall not apply to any of the following:

''(1) emergency situations involving the protection of persons

or property, including aircraft;

''(2) search and rescue operations;

''(3) flights for purposes of firefighting or for required

administrative purposes; and

''(4) compliance with instructions of an air traffic

controller.

''(e) Enforcement. - For purposes of enforcement, the

prohibitions contained in subsections (a) and (b) shall be treated

as requirements established pursuant to section 307 of the Federal

Aviation Act of 1958 (see 49 U.S.C. 40103(b)). To provide

information to pilots regarding the restrictions established under

this Act, the Administrator shall provide public notice of such

restrictions in appropriate Federal Aviation Administration

publications as soon as practicable after the enactment of this Act

(Aug. 18, 1987).

''SEC. 3. GRAND CANYON NATIONAL PARK.

''(a) Noise associated with aircraft overflights at the Grand

Canyon National Park is causing a significant adverse effect on the

natural quiet and experience of the park and current aircraft

operations at the Grand Canyon National Park have raised serious

concerns regarding public safety, including concerns regarding the

safety of park users.

''(b) Recommendations. -

''(1) Submission. - Within 30 days after the enactment of this

Act (Aug. 18, 1987), the Secretary shall submit to the

Administrator recommendations regarding actions necessary for the

protection of resources in the Grand Canyon from adverse impacts

associated with aircraft overflights. The recommendations shall

provide for substantial restoration of the natural quiet and

experience of the park and protection of public health and safety

from adverse effects associated with aircraft overflight. Except

as provided in subsection (c), the recommendations shall contain

provisions prohibiting the flight of aircraft below the rim of

the Canyon, and shall designate flight free zones. Such zones

shall be flight free except for purposes of administration and

for emergency operations, including those required for the

transportation of persons and supplies to and from Supai Village

and the lands of the Havasupai Indian Tribe of Arizona. The

Administrator, after consultation with the Secretary, shall

define the rim of the Canyon in a manner consistent with the

purposes of this paragraph.

''(2) Implementation. - Not later than 90 days after receipt of

the recommendations under paragraph (1) and after notice and

opportunity for hearing, the Administrator shall prepare and

issue a final plan for the management of air traffic in the air

space above the Grand Canyon. The plan shall, by appropriate

regulation, implement the recommendations of the Secretary

without change unless the Administrator determines that

implementing the recommendations would adversely affect aviation

safety. If the Administrator determines that implementing the

recommendations would adversely affect aviation safety, he shall,

not later than 60 days after making such determination, in

consultation with the Secretary and after notice and opportunity

for hearing, review the recommendations consistent with the

requirements of paragraph (1) to eliminate the adverse effects on

aviation safety and issue regulations implementing the revised

recommendations in the plan. In addition to the Administrator's

authority to implement such regulations under the Federal

Aviation Act of 1958 (see 49 U.S.C. 40101 et seq.), the Secretary

may enforce the appropriate requirements of the plan under such

rules and regulations applicable to the units of the National

Park System as he deems appropriate.

''(3) Report. - Within 2 years after the effective date of the

plan required by subsection (b)(2), the Secretary shall submit to

the Congress a report discussing -

''(A) whether the plan has succeeded in substantially

restoring the natural quiet in the park; and

''(B) such other matters, including possible revisions in the

plan, as may be of interest.

The report shall include comments by the Administrator regarding

the effect of the plan's implementation on aircraft safety.

''(c) Helicopter Flights of River Runners. - Subsection (b) shall

not prohibit the flight of helicopters -

''(1) which fly a direct route between a point on the north rim

outside of the Grand Canyon National Park and locations on the

Hualapai Indian Reservation (as designated by the Tribe); and

''(2) whose sole purpose is transporting individuals to or from

boat trips on the Colorado River and any guide of such a trip.

''SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.

''The Administrator shall conduct surveillance of aircraft

flights over the Boundary Waters Canoe Area Wilderness as

authorized by the Act of October 21, 1978 (92 Stat. 1649-1659) for

a period of not less than 180 days beginning within 60 days of

enactment of this Act (Aug. 18, 1987). In addition to any actions

the Administrator may take as a result of such surveillance, he

shall provide a report to the Committee on Interior and Insular

Affairs and the Committee on Public Works and Transportation of the

United States House of Representatives and to the Committee on

Energy and Natural Resources and the Committee on Commerce,

Science, and Transportation of the United States Senate. Such

report is to be submitted within 30 days of completion of the

surveillance activities. Such report shall include but not

necessarily be limited to information on the type and frequency of

aircraft using the airspace over the Boundary Waters Canoe Area

Wilderness.

''SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS

OVERFLIGHTS.

''(a) Assessment by Forest Service. - The Chief of the Forest

Service (hereinafter referred to as the 'Chief') shall conduct an

assessment to determine what, if any, adverse impacts to wilderness

resources are associated with overflights of National Forest System

wilderness areas. The Administrator of the Federal Aviation

Administration shall provide technical assistance to the Chief in

carrying out the assessment. Such assessment shall apply only to

overflight of wilderness areas and shall not apply to aircraft

flights or landings adjacent to National Forest System wilderness

units. The assessment shall not apply to any National Forest

System wilderness units in the State of Alaska.

''(b) Report to Congress. - The Chief shall submit a report to

Congress within 2 years after enactment of this Act (Aug. 18, 1987)

containing the results of the assessments carried out under this

section.

''(c) Authorization. - Effective October 1, 1987, there are

authorized to be appropriated such sums as may be necessary to

carry out the assessment under this section.

''SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.

''In conducting the study and the assessment required by this

Act, the Secretary of the Interior and the Chief of the Forest

Service shall consult with other Federal agencies that are engaged

in an analysis of the impacts of aircraft overflights over

federally-owned land.''

-CITE-

16 USC Sec. 1a-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-2. Secretary of the Interior's authorization of activities

-STATUTE-

In order to facilitate the administration of the national park

system, the Secretary of the Interior is authorized, under such

terms and conditions as he may deem advisable, to carry out the

following activities:

(a) Transportation

Provide transportation of employees located at isolated areas

of the national park system and to members of their families,

where (1) such areas are not adequately served by commercial

transportation, and (2) such transportation is incidental to

official transportation services.

(b) Recreation

Provide recreation facilities, equipment, and services for use

by employees and their families located at isolated areas of the

national park system.

(c) Advisory committees; compensation and travel expenses

Appoint and establish such advisory committees in regard to the

functions of the National Park Service as he may deem advisable,

members of which shall receive no compensation for their services

as such but who shall be allowed necessary travel expenses as

authorized by section 5703 of title 5.

(d) Park equipment purchases

Purchase field and special purpose equipment required by

employees for the performance of assigned functions which shall

be regarded and listed as park equipment.

(e) Services, resources, or water contracts

Enter into contracts which provide for the sale or lease to

persons, States, or their political subdivisions, of services,

resources, or water available within an area of the national park

system, as long as such activity does not jeopardize or unduly

interfere with the primary natural or historic resource of the

area involved, if such person, State, or its political

subdivision -

(1) provides public accommodations or services within the

immediate vicinity of an area of the national park system to

persons visiting the area; and

(2) has demonstrated to the Secretary that there are no

reasonable alternatives by which to acquire or perform the

necessary services, resources, or water.

(f) Vehicular air-conditioning

Acquire, and have installed, air-conditioning units for any

Government-owned passenger motor vehicles used by the National

Park Service, where assigned duties necessitate long periods in

automobiles or in regions of the United States where high

temperatures and humidity are common and prolonged.

(g) Exhibits and demonstrations; sale of products and services;

contracts and cooperative arrangements; credits to

appropriation

Sell at fair market value without regard to the requirements of

the Federal Property and Administrative Services Act of 1949, as

amended, products and services produced in the conduct of living

exhibits and interpretive demonstrations in areas of the national

park system, to enter into contracts including cooperative

arrangements with respect to such living exhibits and

interpretive demonstrations, and to credit the proceeds therefrom

to the appropriation bearing the cost of such exhibits and

demonstrations. Sixty percent of the fees paid by permittees for

the privilege of entering into Glacier Bay for the period

beginning on the first full fiscal year following November 12,

1996, shall be deposited into a special account and that such

funds shall be available -

(1) to the extent determined necessary, to acquire and

preposition necessary and adequate emergency response equipment

to prevent harm or the threat of harm to aquatic park resources

from permittees; and

(2) to conduct investigations to quantify any effect of

permittees' activity on wildlife and other natural resource

values of Glacier Bay National Park. The investigations

provided for in this subsection shall be designed to provide

information of value to the Secretary, in determining any

appropriate limitations on permittees' activity in Glacier Bay.

The Secretary may not impose any additional permittee operating

conditions in the areas of air, water, and oil pollution beyond

those determined and enforced by other appropriate agencies.

When competitively awarding permits to enter Glacier Bay, the

Secretary may take into account the relative impact particular

permittees will have on park values and resources, provided

that no operating conditions or limitations relating to noise

abatement shall be imposed unless the Secretary determines,

based on the weight of the evidence from all available studies

including verifiable scientific information from the

investigations provided for in this subsection, that such

limitations or conditions are necessary to protect park values

and resources. Fees paid by certain permittees for the

privilege of entering into Glacier Bay shall not exceed $5 per

passenger. For the purposes of this subsection, ''certain

permittee'' shall mean a permittee which provides overnight

accommodations for at least 500 passengers for an itinerary of

at least 3 nights, and ''permittee'' shall mean a

concessionaire providing visitor services within Glacier Bay.

Nothing in this subsection authorizes the Secretary to require

additional categories of permits in, or otherwise increase the

number of permits to enter Glacier Bay National Park.

(h) Regulations; promulgation and enforcement

Promulgate and enforce regulations concerning boating and other

activities on or relating to waters located within areas of the

National Park System, including waters subject to the

jurisdiction of the United States: Provided, That any regulations

adopted pursuant to this subsection shall be complementary to,

and not in derogation of, the authority of the United States

Coast Guard to regulate the use of waters subject to the

jurisdiction of the United States.

(i) United States Park Police and other National Park Service

employees; meals and lodging

Provide meals and lodging, as the Secretary deems appropriate,

for members of the United States Park Police and other employees

of the National Park Service, as he may designate, serving

temporarily on extended special duty in areas of the National

Park System, and for this purpose he is authorized to use funds

appropriated for the expenses of the Department of the Interior.

(j) Cooperative research and training programs

Enter into cooperative agreements with public or private

educational institutions, States, and their political

subdivisions, for the purpose of developing adequate,

coordinated, cooperative research and training programs

concerning the resources of the National Park System, and,

pursuant to any such agreements, to accept from and make

available to the cooperator such technical and support staff,

financial assistance for mutually agreed upon research projects,

supplies and equipment, facilities, and administrative services

relating to cooperative research units as the Secretary deems

appropriate; except that this paragraph shall not waive any

requirements for research projects that are subject to the

Federal procurement regulations.

(k) Leases

(1) In general

Except as provided in paragraph (2) and subject to paragraph

(3), the Secretary may enter into a lease with any person or

governmental entity for the use of buildings and associated

property administered by the Secretary as part of the National

Park System.

(2) Prohibited activities

The Secretary may not use a lease under paragraph (1) to

authorize the lessee to engage in activities that are subject

to authorization by the Secretary through a concessions

contract, commercial use authorization, or similar instrument.

(3) Use

Buildings and associated property leased under paragraph (1)

-

(A) shall be used for an activity that is consistent with

the purposes established by law for the unit in which the

building is located;

(B) shall not result in degradation of the purposes and

values of the unit; and

(C) shall be compatible with National Park Service

programs.

(4) Rental amounts

(A) In general

With respect to a lease under paragraph (1) -

(i) payment of fair market value rental shall be

required; and

(ii) section 1302 of title 40 shall not apply.

(B) Adjustment

The Secretary may adjust the rental amount as appropriate

to take into account any amounts to be expended by the lessee

for preservation, maintenance, restoration, improvement, or

repair and related expenses.

(C) Regulation

The Secretary shall promulgate regulations implementing

this subsection that includes provisions to encourage and

facilitate competition in the leasing process and provide for

timely and adequate public comment.

(5) Special account

(A) Deposits

Rental payments under a lease under paragraph (1) shall be

deposited in a special account in the Treasury of the United

States.

(B) Availability

Amounts in the special account shall be available until

expended, without further appropriation, for infrastructure

needs at units of the National Park System, including -

(i) facility refurbishment;

(ii) repair and replacement;

(iii) infrastructure projects associated with park

resource protection; and

(iv) direct maintenance of the leased buildings and

associated properties.

(C) Accountability and results

The Secretary shall develop procedures for the use of the

special account that ensure accountability and demonstrated

results consistent with this Act.

(l) Cooperative management agreements

(1) In general

Where a unit of the National Park System is located adjacent

to or near a State or local park area, and cooperative

management between the National Park Service and a State or

local government agency of a portion of either park will allow

for more effective and efficient management of the parks, the

Secretary may enter into an agreement with a State or local

government agency to provide for the cooperative management of

the Federal and State or local park areas. The Secretary may

not transfer administration responsibilities for any unit of

the National Park System under this paragraph.

(2) Provision of goods and services

Under a cooperative management agreement, the Secretary may

acquire from and provide to a State or local government agency

goods and services to be used by the Secretary and the State or

local governmental agency in the cooperative management of

land.

(3) Assignment

An assignment arranged by the Secretary under section 3372 of

title 5 of a Federal, State, or local employee for work in any

Federal, State, or local land or an extension of such an

assignment may be for any period of time determined by the

Secretary and the State or local agency to be mutually

beneficial.

-SOURCE-

(Pub. L. 91-383, Sec. 3, Aug. 18, 1970, 84 Stat. 826; Pub. L.

94-458, Sec. 1, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 104-333, div.

I, title VII, Sec. 703, title VIII, Sec. 818, Nov. 12, 1996, 110

Stat. 4185, 4201; Pub. L. 105-391, title VIII, Sec. 802(a), Nov.

13, 1998, 112 Stat. 3522; Pub. L. 106-176, title I, Sec. 118, Mar.

10, 2000, 114 Stat. 28.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (g), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

This Act, referred to in subsec. (k)(5)(C), means Pub. L. 91-383,

Aug. 18, 1970, 84 Stat. 825, as amended, popularly known as the

''National Park System General Authorities Act''. As originally

enacted, Pub. L. 91-383 contained sections 1 to 4, the first 3 of

which enacted sections 1a-1 and 1a-2 and amended sections 1b and 1c

of this title. Pub. L. 94-458 amended Pub. L. 91-383 by adding

sections 5 to 12, which enacted sections 1a-3 to 1a-7, amended

sections 17j, 460n-5, 463, 470a, and 559, and repealed sections 10,

10a, 17b-1, and 415 of this title. Pub. L. 103-322 amended Pub. L.

91-383 by adding section 13, which enacted section 1a-7a of this

title. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

In subsec. (c), ''section 5703 of title 5'' substituted for

''section 5 of the Administrative Expenses Act of 1946 (5 U.S.C.

5703)'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

''Section 1302 of title 40'' substituted in subsec. (k)(4)(A)(ii)

for ''section 321 of the Act of June 30, 1932 (47 Stat. 412,

chapter 314; 40 U.S.C. 303b)'' on authority of Pub. L. 107-217,

Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of

which enacted Title 40, Public Buildings, Property, and Works.

-MISC3-

AMENDMENTS

2000 - Subsecs. (a) to (f). Pub. L. 106-176, Sec. 118(2), (3),

capitalized the first letter of the first word and substituted a

period for the semicolon at end.

Subsec. (g). Pub. L. 106-176, Sec. 118(1), (2), in introductory

provisions, capitalized the first letter of the first word and

substituted a period for the semicolon after ''such exhibits and

demonstrations''.

Subsec. (h). Pub. L. 106-176, Sec. 118(2), (3), capitalized the

first letter of the first word and substituted a period for the

semicolon at end.

Subsec. (i). Pub. L. 106-176, Sec. 118(2), (4), capitalized the

first letter of the first word and substituted a period for '';

and'' at end.

Subsec. (j). Pub. L. 106-176, Sec. 118(5), realigned margins.

1998 - Subsecs. (k), (l). Pub. L. 105-391 added subsecs. (k) and

(l).

1996 - Subsec. (g). Pub. L. 104-333, Sec. 703, inserted

provisions relating to Glacier Bay and substituted ''interpretive

demonstrations'' for ''interpretive demonstrations and park

programs''.

Subsec. (j). Pub. L. 104-333, Sec. 818, added subsec. (j).

1976 - Subsec. (e). Pub. L. 94-458, Sec. 1(1), inserted provision

requiring Secretary to consider impact on primary natural and

historic resources of an area before entering into contracts.

Subsecs. (h), (i). Pub. L. 94-458, Sec. 1(2), added subsecs. (h)

and (i).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-CITE-

16 USC Sec. 1a-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-3. Legislative jurisdiction; relinquishment by Secretary;

submittal of proposed agreement to Congressional committees;

concurrent legislative jurisdiction

-STATUTE-

Notwithstanding any other provision of law, the Secretary of the

Interior may relinquish to a State, or to a Commonwealth,

territory, or possession of the United States, part of the

legislative jurisdiction of the United States over National Park

System lands or interests therein in that State, Commonwealth,

territory, or possession: Provided, That prior to consummating any

such relinquishment, the Secretary shall submit the proposed

agreement to the Committee on Energy and Natural Resources of the

Senate and the Committee on Natural Resources of the House of

Representatives, and shall not finalize such agreement until sixty

calendar days after such submission shall have elapsed.

Relinquishment of legislative jurisdiction under this section may

be accomplished (1) by filing with the Governor (or, if none

exists, with the chief executive officer) of the State,

Commonwealth, territory, or possession concerned a notice of

relinquishment to take effect upon acceptance thereof, or (2) as

the laws of the State, Commonwealth, territory, or possession may

otherwise provide. The Secretary shall diligently pursue the

consummation of arrangements with each State, Commonwealth,

territory, or possession within which a unit of the National Park

System is located to the end that insofar as practicable the United

States shall exercise concurrent legislative jurisdiction within

units of the National Park System.

-SOURCE-

(Pub. L. 91-383, Sec. 6, as added Pub. L. 94-458, Sec. 2, Oct. 7,

1976, 90 Stat. 1939; amended Pub. L. 103-437, Sec. 6(a)(1), Nov. 2,

1994, 108 Stat. 4583.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives'' for ''Committees on

Interior and Insular Affairs of the United States Congress''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 1a-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-4. Uniform allowance

-STATUTE-

Notwithstanding section 5901(a) of title 5, the uniform allowance

for uniformed employees of the National Park Service may be up to

$400 annually.

-SOURCE-

(Pub. L. 91-383, Sec. 7, as added Pub. L. 94-458, Sec. 2, Oct. 7,

1976, 90 Stat. 1940.)

-CITE-

16 USC Sec. 1a-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-5. Additional areas for National Park System

-STATUTE-

(a) General authority

The Secretary of the Interior is directed to investigate, study,

and continually monitor the welfare of areas whose resources

exhibit qualities of national significance and which may have

potential for inclusion in the National Park System. Accompanying

the annual listing of areas shall be a synopsis, for each report

previously submitted, of the current and changed condition of the

resource integrity of the area and other relevant factors, compiled

as a result of continual periodic monitoring and embracing the

period since the previous such submission or initial report

submission one year earlier. The Secretary is also directed to

transmit annually to the Speaker of the House of Representatives

and to the President of the Senate, at the beginning of each fiscal

year, a complete and current list of all areas included on the

Registry of Natural Landmarks and those areas of national

significance listed on the National Register of Historic places

which areas exhibit known or anticipated damage or threats to the

integrity of their resources, along with notations as to the nature

and severity of such damage or threats. Each report and annual

listing shall be printed as a House document: Provided, That should

adequate supplies of previously printed identical reports remain

available, newly submitted identical reports shall be omitted from

printing upon the receipt by the Speaker of the United States House

of Representatives of a joint letter from the chairman of the

Committee on Natural Resources of the United States House of

Representatives and the chairman of the Committee on Energy and

Natural Resources of the United States Senate indicating such to be

the case.

(b) Studies of areas for potential addition

(1) At the beginning of each calendar year, along with the annual

budget submission, the Secretary shall submit to the Committee on

Resources of the House of Representatives and to the Committee on

Energy and Natural Resources of the United States Senate a list of

areas recommended for study for potential inclusion in the National

Park System.

(2) In developing the list to be submitted under this subsection,

the Secretary shall consider -

(A) those areas that have the greatest potential to meet the

established criteria of national significance, suitability, and

feasibility;

(B) themes, sites, and resources not already adequately

represented in the National Park System; and

(C) public petition and Congressional resolutions.

(3) No study of the potential of an area for inclusion in the

National Park System may be initiated after November 13, 1998,

except as provided by specific authorization of an Act of Congress.

(4) Nothing in this Act shall limit the authority of the National

Park Service to conduct preliminary resource assessments, gather

data on potential study areas, provide technical and planning

assistance, prepare or process nominations for administrative

designations, update previous studies, or complete reconnaissance

surveys of individual areas requiring a total expenditure of less

than $25,000.

(5) Nothing in this section shall be construed to apply to or to

affect or alter the study of any river segment for potential

addition to the national wild and scenic rivers system or to apply

to or to affect or alter the study of any trail for potential

addition to the national trails system.

(c) Report

(1) The Secretary shall complete the study for each area for

potential inclusion in the National Park System within 3 complete

fiscal years following the date on which funds are first made

available for such purposes. Each study under this section shall

be prepared with appropriate opportunity for public involvement,

including at least one public meeting in the vicinity of the area

under study, and after reasonable efforts to notify potentially

affected landowners and State and local governments.

(2) In conducting the study, the Secretary shall consider whether

the area under study -

(A) possesses nationally significant natural or cultural

resources and represents one of the most important examples of a

particular resource type in the country; and

(B) is a suitable and feasible addition to the system.

(3) Each study -

(A) shall consider the following factors with regard to the

area being studied -

(i) the rarity and integrity of the resources;

(ii) the threats to those resources;

(iii) similar resources are already protected in the National

Park System or in other public or private ownership;

(iv) the public use potential;

(v) the interpretive and educational potential;

(vi) costs associated with acquisition, development and

operation;

(vii) the socioeconomic impacts of any designation;

(viii) the level of local and general public support; and

(ix) whether the area is of appropriate configuration to

ensure long-term resource protection and visitor use;

(B) shall consider whether direct National Park Service

management or alternative protection by other public agencies or

the private sector is appropriate for the area;

(C) shall identify what alternative or combination of

alternatives would in the professional judgment of the Director

of the National Park Service be most effective and efficient in

protecting significant resources and providing for public

enjoyment; and

(D) may include any other information which the Secretary deems

to be relevant.

(4) Each study shall be completed in compliance with the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(5) The letter transmitting each completed study to Congress

shall contain a recommendation regarding the Secretary's preferred

management option for the area.

(d) New area study office

The Secretary shall designate a single office to be assigned to

prepare all new area studies and to implement other functions of

this section.

(e) List of areas

At the beginning of each calendar year, along with the annual

budget submission, the Secretary shall submit to the Committee on

Resources of the House of Representatives and to the Committee on

Energy and Natural Resources of the Senate a list of areas which

have been previously studied which contain primarily historical

resources, and a list of areas which have been previously studied

which contain primarily natural resources, in numerical order of

priority for addition to the National Park System. In developing

the lists, the Secretary should consider threats to resource

values, cost escalation factors, and other factors listed in

subsection (c) of this section. The Secretary should only include

on the lists areas for which the supporting data is current and

accurate.

(f) Authorization of appropriations

For the purposes of carrying out the studies for potential new

Park System units and for monitoring the welfare of those

resources, there are authorized to be appropriated annually not to

exceed $1,000,000. For the purposes of monitoring the welfare and

integrity of the national landmarks, there are authorized to be

appropriated annually not to exceed $1,500,000. For carrying out

subsections (b) through (d) of this section there are authorized to

be appropriated $2,000,000 for each fiscal year.

-SOURCE-

(Pub. L. 91-383, Sec. 8, as added Pub. L. 94-458, Sec. 2, Oct. 7,

1976, 90 Stat. 1940; amended Pub. L. 95-625, title VI, Sec. 604(1),

Nov. 10, 1978, 92 Stat. 3518; Pub. L. 96-199, title I, Sec. 104,

Mar. 5, 1980, 94 Stat. 68; Pub. L. 96-344, Sec. 8, Sept. 8, 1980,

94 Stat. 1135; Pub. L. 103-437, Sec. 6(b), Nov. 2, 1994, 108 Stat.

4583; Pub. L. 104-333, div. I, title VIII, Sec. 814(d)(1)(I), Nov.

12, 1996, 110 Stat. 4196; Pub. L. 105-391, title III, Sec. 303,

Nov. 13, 1998, 112 Stat. 3501.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(4), means Pub. L. 91-383,

Aug. 18, 1970, 84 Stat. 825, as amended, popularly known as the

''National Park System General Authorities Act''. As originally

enacted, Pub. L. 91-383 contained sections 1 to 4, the first 3 of

which enacted sections 1a-1 and 1a-2 and amended sections 1b and 1c

of this title. Pub. L. 94-458 amended Pub. L. 91-383 by adding

sections 5 to 12, which enacted sections 1a-3 to 1a-7, amended

sections 17j, 460n-5, 463, 470a, and 559, and repealed sections 10,

10a, 17b-1, and 415 of this title. Pub. L. 103-322 amended Pub. L.

91-383 by adding section 13, which enacted section 1a-7a of this

title. For complete classification of this Act to the Code, see

Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (c)(4), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-391, Sec. 303(1), (2), inserted

heading and struck out after first sentence ''At the beginning of

each fiscal year, the Secretary shall transmit to the Speaker of

the House of Representatives and to the President of the Senate,

comprehensive reports on each of those areas upon which studies

have been completed. Each such report shall indicate and elaborate

on the theme(s) which the area represents as indicated in the

National Park System Plan. On this same date, and accompanying such

reports, the Secretary shall transmit a listing, in generally

descending order of importance or merit, of not less than twelve

such areas which appear to be of national significance and which

may have potential for inclusion in the National Park System.

Threats to resource values, and cost escalation factors shall be

considered in listing the order of importance or merit. Such

listing may be comprised of any areas heretofore submitted under

terms of this section, and which at the time of listing are not

included in the National Park System.''

Pub. L. 105-391, Sec. 303(3), redesignated last two sentences as

subsec. (f).

Subsecs. (b) to (e). Pub. L. 105-391, Sec. 303(4), added subsecs.

(b) to (e).

Subsec. (f). Pub. L. 105-391, Sec. 303(3), (5), redesignated last

two sentences of subsec. (a) as (f), inserted heading, and inserted

at end ''For carrying out subsections (b) through (d) of this

section there are authorized to be appropriated $2,000,000 for each

fiscal year.''

1996 - Subsec. (b). Pub. L. 104-333 struck out subsec. (b) which

read as follows: ''The Secretary shall submit to the Committee on

Natural Resources of the United States House of Representatives and

the Committee on Energy and Natural Resources of the United States

Senate, a comprehensive, 'National Park System Plan', which

document shall constitute a professional guide for the

identification of natural and historic themes of the United States,

and from which candidate areas can be identified and selected to

constitute units of the National Park System. Such plan shall be

revised and updated annually.''

1994 - Subsec. (a). Pub. L. 103-437, Sec. 6(b)(1), substituted

''Natural Resources'' for ''Interior and Insular Affairs'' after

''Committee on''.

Subsec. (b). Pub. L. 103-437, Sec. 6(b)(2), substituted ''The

Secretary shall submit to the Committee on Natural Resources'' for

''Within six months of March 5, 1980, the Secretary shall submit to

the Committee on Interior and Insular Affairs''.

1980 - Subsec. (a). Pub. L. 96-344 inserted provisions requiring

that each report indicate and elaborate on the theme or themes

which the area represents as indicated in the National Park System

Plan and the annual priority listing of areas be accomplished by a

synopsis, for each report previously submitted, of current and

changed conditions of the resource integrity of the area or other

relevant factors, to cover the period since the previous such

submission or initial report submission one year earlier.

Pub. L. 96-199, Sec. 104(a), (b), designated existing provisions

as subsec. (a) and inserted provision that should adequate supplies

of previously printed identical reports remain available, newly

submitted identical reports shall be omitted from printing upon the

receipt by the Speaker of the United States House of

Representatives of a joint letter from the chairman of the

Committee on Interior and Insular Affairs of the United States

House of Representatives and the chairman of the Committee on

Energy and Natural Resources of the United States Senate indicating

such to be the case.

Subsec. (b). Pub. L. 96-199, Sec. 104(b), added subsec. (b).

1978 - Pub. L. 95-625 authorized annual appropriations of

$1,000,000 for studies for potential new Park System units and for

monitoring the welfare of those resources and $1,500,000 for

monitoring the welfare and integrity of the national landmarks.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

NATIONAL PARK SERVICE STUDIES

Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title III, Sec. 326),

Nov. 29, 1999, 113 Stat. 1535, 1501A-194, provided that:

''(a) Short Title. - This section may be cited as the 'National

Park Service Studies Act of 1999'.

''(b) Authorization of Studies. -

''(1) In general. - The Secretary of the Interior ('the

Secretary') shall conduct studies of the geographical areas and

historic and cultural themes described in subsection (b)(3) to

determine the appropriateness of including such areas or themes

in the National Park System.

''(2) Criteria. - In conducting the studies authorized by this

Act, the Secretary shall use the criteria for the study of areas

for potential inclusion in the National Park System in accordance

with section 8 of Public Law 91-383 (16 U.S.C. 1a-5), as amended

by section 303 of the National Parks Omnibus Management Act

(Public Law 105-391; 112 Stat. 3501) (16 U.S.C. 1a-5).

''(3) Study areas. - The Secretary shall conduct studies of the

following:

''(A) Anderson Cottage, Washington, District of Columbia.

''(B) Bioluminescent Bay, Puerto Rico.

''(C) Civil Rights Sites, multi-State.

''(D) Crossroads of the American Revolution, Central New

Jersey.

''(E) Fort Hunter Liggett, California.

''(F) Fort King, Florida.

''(G) Gaviota Coast Seashore, California.

''(H) Kate Mullany House, New York.

''(I) Loess Hills, Iowa.

''(J) Low Country Gullah Culture, multi-State.

''(K) Nan Madol, State of Ponape, Federated States of

Micronesia (upon the request of the Government of the Federated

States of Micronesia).

''(L) Walden Pond and Woods, Massachusetts.

''(M) World War II Sites, Commonwealth of the Northern

Marianas.

''(N) World War II Sites, Republic of Palau (upon the request

of the Government of the Republic of Palau).

''(c) Reports. - The Secretary shall submit to the Committee on

Energy and Natural Resources of the Senate and the Committee on

Resources of the House of Representatives a report on the findings,

conclusions, and recommendations of each study under subsection (b)

within three fiscal years following the date on which funds are

first made available for each study.''

PURPOSE OF 1998 AMENDMENT

Pub. L. 105-391, title III, Sec. 302, Nov. 13, 1998, 112 Stat.

3501, provided that: ''It is the purpose of this title (amending

this section and enacting provisions set out as a note under

section 1 of this title) to reform the process by which areas are

considered for addition to the National Park System.''

REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY

Section 603 of title VI of div. I of Pub. L. 104-333, as amended

by Pub. L. 106-176, title I, Sec. 114, Mar. 10, 2000, 114 Stat. 27,

enacted the Revolutionary War and War of 1812 Historic Preservation

Study Act of 1996 which made congressional findings as to

importance of such preservation study, defined various terms,

directed Secretary of the Interior as to preparation of, matters to

be included in, consultation with respect to, and report concerning

such study, and authorized appropriations.

LOWER MISSISSIPPI DELTA REGION INITIATIVES

Pub. L. 103-433, title XI, Oct. 31, 1994, 108 Stat. 4512,

directed Secretary of the Interior, in consultation with Delta

Region States, the Lower Mississippi Delta Development Center, the

Chairs of the National Endowment for the Arts and the National

Endowment for the Humanities, the Director of the Smithsonian

Institution, Historically Black Colleges and Universities, State

Archaeological Surveys and Regional Archaeological Centers and

other appropriate institutions, to prepare and transmit to Congress

a series of studies involving Delta Region heritage particularly

development of Delta Region Corridors and Heritage and Cultural

Centers, preservation of historic and prehistoric sites and

structures, Delta antiquities survey, and comprehensive historic

and archaeological resources program.

BOSTON HARBOR ISLANDS STUDY

Pub. L. 102-525, title V, Sec. 501, Oct. 26, 1992, 106 Stat.

3442, directed Secretary of the Interior to study within one year

after Oct. 26, 1992, opportunities for National Park Service to

promote conservation and use by the public of Boston Harbor

Islands, and in so doing to consult local governmental authorities,

to evaluate suitability of establishing Boston Harbor Islands as

unit of National Park System, to assess tourism and public

education opportunities of management in conjunction with nearby

units of National Park System, to evaluate possible transportation

links with those units, and to submit, not later than one year

after Oct. 26, 1992, a report of findings, conclusions, and

recommendations to Congress.

NATIONAL HISTORIC LANDMARK THEME STUDY ON AMERICAN LABOR HISTORY

Pub. L. 102-101, Aug. 17, 1991, 105 Stat. 493, directed Secretary

of the Interior, in consultation with workers, workers'

representatives, scholars, and preservationists, and under

cooperative agreements with scholarly and public historic

organizations, to prepare and transmit to Congress, within 3 years

of date of funding, a theme study to identify key sites in American

labor history, to nominate districts, sites, etc., as national

historic landmarks, to identify possible new park units, and to

prepare a list of the most appropriate sites, and authorized

appropriations of $250,000 to carry out study.

AFRICAN-AMERICAN HISTORY LANDMARK THEME STUDY

Pub. L. 102-98, Aug. 17, 1991, 105 Stat. 485, directed Secretary

of the Interior, in consultation with scholars and

preservationists, and under cooperative agreements with scholarly

and public historic organizations, to prepare and transmit to

Congress, within 3 years of date of funding, a theme study to

identify key sites in history and experience of African-Americans,

to nominate districts, sites, etc. as national historic landmarks,

to identify possible new park units, and to prepare a list of most

appropriate sites, and authorized appropriations of $500,000 to

carry out study.

NIOBRARA-BUFFALO PRAIRIE NATIONAL PARK STUDY

Pub. L. 102-50, Sec. 8, May 24, 1991, 105 Stat. 257, directed

Secretary of the Interior to study within 18 months after May 24,

1991, feasibility and suitability of establishing Niobrara-Buffalo

Prairie National Park in Nebraska, including assessment of

significance of natural, cultural, historic, scenic, and

recreational resources and study of feasibility of managing the

area by various methods, in consultation with appropriate Federal

agencies, Nature Conservancy, and Nebraska Game and Parks

Commission, and directed Secretary to submit study to Congress,

prior to repeal by Pub. L. 105-362, title IX, Sec. 901(g)(1), Nov.

10, 1998, 112 Stat. 3290.

UNDERGROUND RAILROAD STUDY

Pub. L. 101-628, title VI, Nov. 28, 1990, 104 Stat. 4495,

directed Secretary of the Interior to conduct a study of

alternatives for commemorating the Underground Railroad in order to

preserve and protect this aspect of American history, directed

preparation of an interpretive handbook on the Underground Railroad

in larger context of American antebellum society, including history

of slavery and abolitionism, and authorized establishment of

Underground Railroad Advisory Committee to meet and consult with

Secretary on matters relating to the study.

CIVIL WAR AND OTHER STUDIES

Pub. L. 101-628, title XII, Sec. 1201-1210, Nov. 28, 1990, 104

Stat. 4503-4507, as amended by Pub. L. 102-166, title V, Sec. 501,

Nov. 21, 1991, 105 Stat. 1100, provided that title XII of Pub. L.

101-628 could be cited as the ''Civil War Sites Study Act of

1990'', directed Secretary of the Interior to prepare a study of

Shenandoah Valley Civil War sites in order to obtain information on

significance of such sites, threats to their integrity, and

alternatives for their preservation, authorized establishment of

Civil War Sites Advisory Commission, directed such Commission to

prepare a study of historically significant sites other than

Shenandoah Valley Civil War sites, and directed Secretary to

undertake a complete revision of National Park Service ''Thematic

Framework'' to reflect current scholarship on American history and

culture, historic and prehistoric archeology, and architecture.

REPORT TO CONGRESS ON CRITERIA FOR INCLUSION AS AFFILIATED AREA OF

NATIONAL PARK SYSTEM

Pub. L. 100-336, Sec. 2, June 17, 1988, 102 Stat. 617, directed

Secretary, in consultation with interested conservation,

professional, and park management organizations and individuals, to

prepare and submit to Committee on Interior and Insular Affairs of

House of Representatives and Committee on Energy and Natural

Resources of Senate a report of criteria for elements of national

significance and other factors necessary for a proposed area to be

considered appropriate for inclusion as an affiliated area of

National Park System including an analysis of applicability to

Wildlife Prairie Park, this report to address responsibilities to

be required of operators of an affiliated area and responsibilities

of National Park Service to any such designated area, with report

to be submitted not later than two years from June 17, 1988, and to

provide recommendations by Secretary of the Interior including but

not limited to how criteria for national significance and other

factors should be made applicable to future proposed affiliated

areas, when such areas are considered by the Secretary, and any

criteria or procedures for such considerations by Congress

including recommendations for legislative action.

STUDY OF HISTORICAL CAMDEN, SOUTH CAROLINA, REGARDING ESTABLISHMENT

AS UNIT OF NATIONAL PARK SYSTEM; TRANSMITTAL TO PRESIDENT AND

CONGRESSIONAL COMMITTEES

Pub. L. 95-629, title IV, Sec. 401, Nov. 10, 1978, 92 Stat. 3640,

directed Secretary of the Interior to prepare and transmit to

President, Committee on Interior and Insular Affairs of House of

Representatives, and Committee on Energy and Natural Resources of

Senate a study of Historical Camden, consisting of approximately

ninety acres of land in Camden, South Carolina, to determine

feasibility and desirability of establishing such area as a unit of

the National Park System, with study to be transmitted not later

than two years following date on which funds are appropriated for

study and to include cost estimates for any necessary acquisition,

development, operation and maintenance, as well as any alternatives

for administration and protection of area.

CROW CREEK VILLAGE ARCHEOLOGICAL SITE, SOUTH DAKOTA;

FEASIBILITY/SUITABILITY STUDY; TRANSMITTAL TO CONGRESSIONAL

COMMITTEES; COST ESTIMATES; SITE PRESERVATION

Section 512 of Pub. L. 95-625 directed Secretary to prepare and

transmit to Committee on Energy and Natural Resources of Senate and

Committee on Interior and Insular Affairs of House of

Representatives within two years from Nov. 10, 1978, a

feasibility/suitability study of Crow Creek Village archeological

site, Buffalo County, South Dakota, as a unit of National Park

System, including cost estimates for any necessary acquisition,

development, operation and maintenance, as well as any feasible

alternatives for administration and protection of area, including,

but not limited to, Federal financial and technical assistance to

State of South Dakota, Buffalo County or other suitable entity, and

directed Secretary of the Army to take such actions as may be

necessary to preserve and protect such site from any adverse impact

on site and to refrain from any activities which might cause such

impact until two years from date of submission of study by

Secretary.

RIDGELANDS AREA STUDY; CONSULTATION AND COORDINATION; REPORT TO

PRESIDENT AND CONGRESS; AUTHORIZATION OF APPROPRIATIONS

Section 602 of Pub. L. 95-625 directed Secretary to study

feasibility and desirability of establishing Ridgelands area east

of San Francisco Bay as a unit of National Park System, to consult

with other Federal, State, and local agencies in conduct of this

study, to coordinate this study with applicable local and State

plans and planning activities relating to Ridgelands, and to report

findings and recommendations to President and Congress not later

than one year after Nov. 10, 1978.

OAK CREEK CANYON, YAVAPAI, SOLDIERS WASH-MORMON CANYON, AND

CHIRICAHUA NATIONAL MONUMENT, ARIZONA; STUDIES BY SECRETARIES OF

THE INTERIOR AND AGRICULTURE

Section 605 of Pub. L. 95-625 directed Secretary, in cooperation

with Secretary of Agriculture where national forest lands are

involved, to conduct a study to determine suitable boundaries for

Oak Creek Canyon, Yavapai, Soldiers Wash-Mormon Canyon areas in

Arizona as a unit or units of National Park System, and to conduct

a study of boundary of Chiricahua National Monument, Arizona, to

determine appropriate location of a boundary line for additions to

monument, with both reports to be submitted by Secretary to

Committee on Interior and Insular Affairs of House of

Representatives and Committee on Energy and Natural Resources of

Senate not later than one year following date on which funds are

appropriated for purpose of study.

IRVINE COAST-LAGUNA, CALIFORNIA STUDY

Section 608 of Pub. L. 95-625 directed Secretary to study

feasibility and desirability of establishing Irvine Coast-Laguna

beach area as a unit of National Park System, to consult with other

Federal, State, and local agencies in conduct of this study, and to

report findings and recommendations to President and Congress

within six months after Nov. 10, 1978.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 410ggg-2 of this title.

-CITE-

16 USC Sec. 1a-6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-6. Law enforcement personnel within National Park System

-STATUTE-

(a) Omitted

(b) Designation authority of Secretary; powers and duties of

designees

In addition to any other authority conferred by law, the

Secretary of the Interior is authorized to designate, pursuant to

standards prescribed in regulations by the Secretary, certain

officers or employees of the Department of the Interior who shall

maintain law and order and protect persons and property within

areas of the National Park System. In the performance of such

duties, the officers or employees, so designated, may -

(1) carry firearms and make arrests without warrant for any

offense against the United States committed in his presence, or

for any felony cognizable under the laws of the United States if

he has reasonable grounds to believe that the person to be

arrested has committed or is committing such felony, provided

such arrests occur within that system or the person to be

arrested is fleeing therefrom to avoid arrest;

(2) execute any warrant or other process issued by a court or

officer of competent jurisdiction for the enforcement of the

provisions of any Federal law or regulation issued pursuant to

law arising out of an offense committed in that system or, where

the person subject to the warrant or process is in that system,

in connection with any Federal offense; and

(3) conduct investigations of offenses against the United

States committed in that system in the absence of investigation

thereof by any other Federal law enforcement agency having

investigative jurisdiction over the offense committed or with the

concurrence of such other agency.

(c) Supplemental special policemen; designation authority of

Secretary; cooperation with State officials in enforcement of

State law; reimbursement to State; concurrent jurisdiction;

delegation of enforcement responsibilities

The Secretary of the Interior is hereby authorized to -

(1) designate officers and employees of any other Federal

agency or law enforcement personnel of any State or political

subdivision thereof, when deemed economical and in the public

interest and with the concurrence of that agency or that State or

subdivision, to act as special policemen in areas of the National

Park System when supplemental law enforcement personnel may be

needed, and to exercise the powers and authority provided by

paragraphs (1), (2), and (3) of subsection (b) of this section;

(2) cooperate, within the National Park System, with any State

or political subdivision thereof in the enforcement of

supervision of the laws or ordinances of that State or

subdivision;

(3) mutually waive, in any agreement pursuant to paragraphs (1)

and (2) of this subsection or pursuant to subsection (b)(1) of

this section with any State or political subdivision thereof

where State law requires such waiver and indemnification, any and

all civil claims against all the other parties thereto and,

subject to available appropriations, indemnify and save harmless

the other parties to such agreement from all claims by third

parties for property damage or personal injury, which may arise

out of the parties' activities outside their respective

jurisdictions under such agreement; and

(4) provide limited reimbursement, to a State or its political

subdivisions, in accordance with such regulations as he may

prescribe, where the State has ceded concurrent legislative

jurisdiction over the affected area of the system, for

expenditures incurred in connection with its activities within

that system which were rendered pursuant to paragraph (1) of this

subsection.

The authorities provided by this subsection shall supplement the

law enforcement responsibilities of the National Park Service, and

shall not authorize the delegation of law enforcement

responsibilities of the agency to State and local governments.

(d) Special policemen not deemed Federal employees; exceptions

(1) Except as otherwise provided in this subsection, a law

enforcement officer of any State or political subdivision thereof

designated to act as a special policeman under subsection (c) of

this section shall not be deemed a Federal employee and shall not

be subject to the provisions of law relating to Federal employment,

including, but not limited to, those relating to hours of work,

rates of compensation, leave, unemployment compensation, and

Federal benefits.

(2) For purposes of the tort claim provisions of title 28, a law

enforcement officer of any State or political subdivision thereof

shall, when acting as a special policeman under subsection (c) of

this section, be considered a Federal employee.

(3) For purposes of subchapter I of chapter 81 of title 5,

relating to compensation to Federal employees for work injuries, a

law enforcement officer of any State or political subdivision

thereof shall, when acting as a special policeman under subsection

(c) of this section be deemed a civil service employee of the

United States within the meaning of the term ''employee'' as

defined in section 8101 of title 5, and the provisions of that

subchapter shall apply.

(e) Federal investigative jurisdiction and State civil and criminal

jurisdiction not preempted within National Park System

Nothing contained in this Act shall be construed or applied to

limit or restrict the investigative jurisdiction of any Federal law

enforcement agency other than the National Park Service, and

nothing shall be construed or applied to affect any right of a

State or a political subdivision thereof to exercise civil and

criminal jurisdiction within the National Park System.

-SOURCE-

(Pub. L. 91-383, Sec. 10, as added Pub. L. 94-458, Sec. 2, Oct. 7,

1976, 90 Stat. 1941; amended Pub. L. 106-437, Sec. 2, Nov. 6, 2000,

114 Stat. 1920.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is Pub. L. 91-383, Aug. 18,

1970, 84 Stat. 825, as amended. As originally enacted, Pub. L.

91-383 contained sections 1 to 4, the first 3 of which enacted

sections 1a-1 and 1a-2 and amended sections 1b and 1c of this

title. Pub. L. 94-458 amended Pub. L. 91-383 by adding sections 5

to 12, which enacted sections 1a-3 to 1a-7, amended sections 17j,

460n-5, 463, 470a, and 559, and repealed sections 10, 10a, 17b-1,

and 415 of this title. Pub. L. 103-322 amended Pub. L. 91-383 by

adding section 13, which enacted section 1a-7a of this title. For

complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section is comprised of section 10 of Pub. L. 91-383, as added.

Subsec. (a) of section 10 of Pub. L. 91-383 amended sections 460n-5

and 559 of this title and repealed sections 10, 10a, and 415 of

this title.

-MISC3-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-437 struck out ''and'' at end of

par. (2), added par. (3), redesignated former pars. (3) and (4) as

(4) and (5), respectively, and in par. (5) substituted ''The'' for

''(5) the'' and aligned left margin with introductory provisions.

-CITE-

16 USC Sec. 1a-7 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-7. National Park System development program

-STATUTE-

(a) Omitted

(b) General management plans; preparation and revision by Director

of National Park Service; list to Congress; contents

General management plans for the preservation and use of each

unit of the National Park System, including areas within the

national capital area, shall be prepared and revised in a timely

manner by the Director of the National Park Service. On January 1

of each year, the Secretary shall submit to the Congress a list

indicating the current status of completion or revision of general

management plans for each unit of the National Park System. General

management plans for each unit shall include, but not be limited

to:

(1) measures for the preservation of the area's resources;

(2) indications of types and general intensities of development

(including visitor circulation and transportation patterns,

systems and modes) associated with public enjoyment and use of

the area, including general locations, timing of implementation,

and anticipated costs;

(3) identification of and implementation commitments for

visitor carrying capacities for all areas of the unit; and

(4) indications of potential modifications to the external

boundaries of the unit, and the reasons therefor.

-SOURCE-

(Pub. L. 91-383, Sec. 12, as added Pub. L. 94-458, Sec. 2, Oct. 7,

1976, 90 Stat. 1942; amended Pub. L. 95-625, title VI, Sec. 604(3),

(4), Nov. 10, 1978, 92 Stat. 3518, 3519; Pub. L. 103-437, Sec.

6(c), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 105-391, title IV, Sec.

415(b)(2), Nov. 13, 1998, 112 Stat. 3515.)

-COD-

CODIFICATION

Subsection (a), which required the Secretary of the Interior to

transmit to the Committee on Energy and Natural Resources of the

Senate and the Committee on Natural Resources of the House of

Representatives a detailed program for the development of

facilities, structures, or buildings for each unit of the National

Park System consistent with the general management plans required

in subsection (b) of this section, terminated, effective May 15,

2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

See, also, page 110 of House Document No. 103-7.

-MISC3-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-391 struck out subsec. (c) which

read as follows: ''The Secretary of the Interior shall hereafter

transmit to the Committee on Energy and Natural Resources of the

Senate and the Committee on Natural Resources of the House of

Representatives all proposed awards of concession leases and

contracts involving a gross annual business of $100,000 or more, or

of five years or more in duration (including renewals thereof), and

all proposed rules and regulations relating thereto, sixty days

before such awards are made or such rules and regulations are

promulgated.''

1994 - Subsecs. (a), (c). Pub. L. 103-437 substituted ''Committee

on Energy and Natural Resources of the Senate and the Committee on

Natural Resources of the House of Representatives'' for

''Committees on Interior and Insular Affairs''.

1978 - Subsec. (b). Pub. L. 95-625, Sec. 604(3), in revising

text, substituted provisions for preservation and use of units of

the National Park Service for prior provision for development of

the units and for submission of an annual list to Congress on

January 1 for prior provision for transmission of the plans to the

Committees on Interior and Insular Affairs, provided for revision

of the plans in a timely manner, inserted items (1) to (4) and

struck out prior items covering (1) the facilities which the

Director found necessary to accommodate the health, safety, and

recreation needs of the visiting public, including provision of

appropriate facilities under Act Oct. 9, 1965, 79 Stat. 969 (Pub.

L. 89-249); (2) the location and estimated cost of all the

facilities; and (3) the projected need for any additional

facilities required for the unit.

Subsec. (c). Pub. L. 95-625, Sec. 604(4), substituted ''or of

five years or more'' for ''or exceeding five years''.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to submitting to Congress, on January

1 each year, a list indicating the current status of general

management plans, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and page 110 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 284h, 410ff-3, 410gg-4,

410ii-5, 410oo-3, 410qq-2, 410ww-2, 410yy-5, 410ddd, 410ggg-1 of

this title.

-CITE-

16 USC Sec. 1a-7a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-7a. National Park System crime prevention assistance

-STATUTE-

(a) Availability of funds

There are authorized to be appropriated out of the Violent Crime

Reduction Trust Fund, not to exceed $10,000,000, for the Secretary

of the Interior to take all necessary actions to seek to reduce the

incidence of violent crime in the National Park System.

(b) Recommendations for improvement

The Secretary shall direct the chief official responsible for law

enforcement within the National Park Service to -

(1) compile a list of areas within the National Park System

with the highest rates of violent crime;

(2) make recommendations concerning capital improvements, and

other measures, needed within the National Park System to reduce

the rates of violent crime, including the rate of sexual assault;

and

(3) publish the information required by paragraphs (1) and (2)

in the Federal Register.

(c) Distribution of funds

Based on the recommendations and list issued pursuant to

subsection (b) of this section, the Secretary shall distribute the

funds authorized by subsection (a) of this section throughout the

National Park System. Priority shall be given to those areas with

the highest rates of sexual assault.

(d) Use of funds

Funds provided under this section may be used -

(1) to increase lighting within or adjacent to National Park

System units;

(2) to provide emergency phone lines to contact law enforcement

or security personnel in areas within or adjacent to National

Park System units;

(3) to increase security or law enforcement personnel within or

adjacent to National Park System units; or

(4) for any other project intended to increase the security and

safety of National Park System units.

-SOURCE-

(Pub. L. 91-383, Sec. 13, as added Pub. L. 103-322, title IV, Sec.

40132, Sept. 13, 1994, 108 Stat. 1917.)

-CITE-

16 USC Sec. 1a-8 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-8. Maintenance management system

-STATUTE-

(a) Implementation and elements

Beginning in fiscal year 1985, the National Park Service shall

implement a maintenance management system into the maintenance and

operations programs of the National Park System. For purposes of

this section the term ''maintenance management system'' means a

system that contains but is not limited to the following elements:

(1) a work load inventory of assets including detailed

information that quantifies for all assets (including but not

limited to buildings, roads, utility systems, and grounds that

must be maintained) the characteristics affecting the type of

maintenance work performed;

(2) a set of maintenance tasks that describe the maintenance

work in each unit of the National Park System;

(3) a description of work standards including frequency of

maintenance, measurable quality standard to which assets should

be maintained, methods for accomplishing work, required labor,

equipment and material resources, and expected worker production

for each maintenance task;

(4) a work program and performance budget which develops an

annual work plan identifying maintenance needs and financial

resources to be devoted to each maintenance task;

(5) a work schedule which identifies and prioritizes tasks to

be done in a specific time period and specifies required labor

resources;

(6) work orders specifying job authorizations and a record of

work accomplished which can be used to record actual labor and

material costs; and

(7) reports and special analyses which compare planned versus

actual accomplishments and costs and can be used to evaluate

maintenance operations.

(b) Repealed. Pub. L. 104-333, div. I, title VIII, Sec.

814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196

-SOURCE-

(Pub. L. 98-540, Sec. 4, Oct. 24, 1984, 98 Stat. 2719; Pub. L.

103-437, Sec. 6(d)(1), Nov. 2, 1994, 108 Stat. 4583; Pub. L.

104-333, div. I, title VIII, Sec. 814(d)(1)(F), Nov. 12, 1996, 110

Stat. 4196.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-333 struck out subsec. (b) which

read as follows:

''The National Park Service shall transmit to the Committee on

Natural Resources of the House of Representatives and the Committee

on Energy and Natural Resources of the United States Senate, at the

end of each fiscal year, a copy of a report summarizing the status

of implementation of a maintenance management system until such a

system has been implemented.

''The report shall incorporate the following information:

''(1) the number of units in the National Park System that have

implemented a maintenance management system during the period;

''(2) contract costs versus management efficiencies achieved;

''(3) the total amount of dollars spent on contracts for

services; and

''(4) estimation of the total value of benefits achieved

through greater management efficiency.''

1994 - Subsec. (b). Pub. L. 103-437 in introductory provisions

substituted ''Natural Resources'' for ''Interior and Insular

Affairs'' after ''Committee on''.

-CITE-

16 USC Sec. 1a-9 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-9. Periodic review of National Park System

-STATUTE-

The Secretary of the Interior (hereafter in sections 1a-9 to

1a-13 of this title referred to as the ''Secretary'') is authorized

and directed to conduct a systematic and comprehensive review of

certain aspects of the National Park System and to submit on a

periodic basis but not later than every 3 years a report to the

Committee on Natural Resources and the Committee on Appropriations

of the United States House of Representatives and the Committee on

Energy and Natural Resources and the Committee on Appropriations of

the United States Senate on the findings of such review, together

with such recommendations as the Secretary determines necessary.

The first report shall be submitted no later than 3 years after

November 28, 1990.

-SOURCE-

(Pub. L. 101-628, title XII, Sec. 1213, Nov. 28, 1990, 104 Stat.

4507; Pub. L. 103-437, Sec. 6(d)(2), Nov. 2, 1994, 108 Stat. 4583.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1a-9 to 1a-13 of this title, referred to in text, was in

the original ''this title'', meaning title XII of Pub. L. 101-628,

Nov. 28, 1990, 104 Stat. 4503, which enacted sections 1a-9 to 1a-13

of this title, amended section 463 of this title, and enacted

provisions set out as a note under section 1a-5 of this title. For

complete classification of title XII to the Code, see Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Natural Resources'' for

''Interior and Insular Affairs'' after ''Committee on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1a-10 of this title.

-CITE-

16 USC Sec. 1a-10 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-10. Consultation with affected agencies and organizations

-STATUTE-

In conducting and preparing the report referred to in section

1a-9 of this title, the Secretary shall consult with appropriate

officials of affected Federal, State and local agencies, together

with national, regional, and local organizations, including but not

limited to holding such public hearings as the Secretary determines

to be appropriate to provide a full opportunity for public comment.

-SOURCE-

(Pub. L. 101-628, title XII, Sec. 1214, Nov. 28, 1990, 104 Stat.

4508.)

-REFTEXT-

REFERENCES IN TEXT

Section 1a-9 of this title, referred to in text, was in the

original ''section 1'', and was translated as reading ''section

1213'', meaning section 1213 of Pub. L. 101-628, title XII, Nov.

28, 1990, 104 Stat. 4507, which enacted section 1a-9 relating to

submission of reports, as the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1a-9 of this title.

-CITE-

16 USC Sec. 1a-11 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-11. Contents of report

-STATUTE-

The report shall contain -

(a) A comprehensive listing of all authorized but unacquired

lands within the exterior boundaries of each unit of the National

Park System as of November 28, 1990.

(b) A priority listing of all such unacquired parcels by

individual park unit and for the National Park System as a

whole. The list shall describe the acreage and ownership of each

parcel, the estimated cost of acquisition for each parcel

(subject to any statutory acquisition limitations for such

lands), and the basis for such estimate.

(c) An analysis and evaluation of the current and future needs

of each unit of the National Park System for resource management,

interpretation, construction, operation and maintenance,

personnel, housing, together with an estimate of the costs

thereof.

-SOURCE-

(Pub. L. 101-628, title XII, Sec. 1215, Nov. 28, 1990, 104 Stat.

4508.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1a-9 of this title.

-CITE-

16 USC Sec. 1a-12 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-12. Evaluation of proposed boundary changes

-STATUTE-

Within one year after November 28, 1990, the Secretary shall

develop criteria to evaluate any proposed changes to the existing

boundaries of individual park units including -

(a) analysis of whether or not the existing boundary provides

for the adequate protection and preservation of the natural,

historic, cultural, scenic and recreational resources integral to

the unit;

(b) an evaluation of each parcel proposed for addition or

deletion to the unit based on the analysis under paragraph (1);

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be paragraph

''(a);''.

(c) an assessment of the impact of potential boundary

adjustments taking into consideration the factors in paragraph

(c) (FOOTNOTE 2) as well as the effect of the adjustments on the

local communities and surrounding area.

(FOOTNOTE 2) So in original.

-SOURCE-

(Pub. L. 101-628, title XII, Sec. 1216, Nov. 28, 1990, 104 Stat.

4508.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a-9, 1a-13 of this

title.

-CITE-

16 USC Sec. 1a-13 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-13. Proposals for boundary changes

-STATUTE-

In proposing any boundary change after November 28, 1990, the

Secretary shall -

(a) consult with affected agencies of State and local

governments (FOOTNOTE 1) surrounding communities, affected

landowners and private national, regional, and local

organizations;

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(b) apply the criteria developed pursuant to section 1a-12 of

this title and accompany this proposal with a statement

reflecting the results of the application of such criteria;

(c) include with such proposal an estimate of the cost for

acquisition of any parcels proposed for acquisition together with

the basis for the estimate and a statement on the relative

priority for the acquisition of each parcel within the priorities

for acquisition of other lands for such unit and for the National

Park System.

-SOURCE-

(Pub. L. 101-628, title XII, Sec. 1217, Nov. 28, 1990, 104 Stat.

4508.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1a-9 of this title.

-CITE-

16 USC Sec. 1a-14 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1a-14. National Park System advisory committees

-STATUTE-

(a) Charter

The provisions of section 14(b) of the Federal Advisory Committee

Act (5 U.S.C. Appendix; 86 Stat. 776) are hereby waived with

respect to any advisory commission or advisory committee

established by law in connection with any national park system unit

during the period such advisory commission or advisory committee is

authorized by law.

(b) Members

In the case of any advisory commission or advisory committee

established in connection with any national park system unit, any

member of such Commission or Committee may serve after the

expiration of his or her term until a successor is appointed.

-SOURCE-

(Pub. L. 102-525, title III, Sec. 301, Oct. 26, 1992, 106 Stat.

3441.)

-REFTEXT-

REFERENCES IN TEXT

Section 14(b) of the Federal Advisory Committee Act, referred to

in subsec. (a), is section 14(b) of Pub. L. 92-463, which is set

out in the Appendix to Title 5, Government Organization and

Employees.

-CITE-

16 USC Sec. 1b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1b. Secretary of the Interior's authorization of additional

activities; administration of National Park System

-STATUTE-

In order to facilitate the administration of the National Park

System, the Secretary of the Interior is authorized to carry out

the following activities, and he may use applicable appropriations

for the aforesaid system for the following purposes:

(1) Emergency assistance

Rendering of emergency rescue, fire fighting, and cooperative

assistance to nearby law enforcement and fire prevention agencies

and for related purposes outside of the National Park System.

(2) Utility facilities; erection and maintenance

The erection and maintenance of fire protection facilities,

water lines, telephone lines, electric lines, and other utility

facilities adjacent to any area of the said National Park System,

where necessary, to provide service in such area.

(3) Transportation of employees of Carlsbad Caverns National

Park; rates

Transportation to and from work, outside of regular working

hours, of employees of Carlsbad Caverns National Park, residing

in or near the city of Carlsbad, New Mexico, such transportation

to be between the park and the city, or intervening points, at

reasonable rates to be determined by the Secretary of the

Interior taking into consideration, among other factors,

comparable rates charged by transportation companies in the

locality for similar services, the amounts collected for such

transportation to be credited to the appropriation current at the

time payment is received: Provided, That if adequate

transportation facilities are available, or shall be available by

any common carrier, at reasonable rates, then and in that event

the facilities contemplated by this paragraph shall not be

offered.

(4) Utility services for concessioners; reimbursement

Furnishing, on a reimbursement of appropriation basis, all

types of utility services to concessioners, contractors,

permittees, or other users of such services, within the National

Park System: Provided, That reimbursements for cost of such

utility services may be credited to the appropriation current at

the time reimbursements are received.

(5) Supplies and rental of equipment; reimbursement

Furnishing, on a reimbursement of appropriation basis,

supplies, and the rental of equipment to persons and agencies

that in cooperation with, and subject to the approval of, the

Secretary of the Interior, render services or perform functions

that facilitate or supplement the activities of the Department of

the Interior in the administration of the National Park System:

Provided, That reimbursements hereunder may be credited to the

appropriation current at the time reimbursements are received.

(6) Contracts for utility facilities

Contracting, under such terms and conditions as the said

Secretary considers to be in the interest of the Federal

Government, for the sale, operation, maintenance, repair, or

relocation of Government-owned electric and telephone lines and

other utility facilities used for the administration and

protection of the National Park System, regardless of whether

such lines and facilities are located within or outside said

system and areas.

(7) Rights-of-way

Acquiring such rights-of-way as may be necessary to construct,

improve, and maintain roads within the authorized boundaries of

any area of said National Park System and the acquisition also of

land and interests in land adjacent to such rights-of-way, when

deemed necessary by the Secretary, to provide adequate protection

of natural features or to avoid traffic and other hazards

resulting from private road access connections, or when the

acquisition of adjacent residual tracts, which otherwise would

remain after acquiring such rights-of-way, would be in the public

interest.

(8) Operation and maintenance of motor and other equipment; rent

of equipment; reimbursement

The operation, repair, maintenance, and replacement of motor

and other equipment on a reimbursable basis when such equipment

is used on Federal projects of the said National Park System,

chargeable to other appropriations, or on work of other Federal

agencies, when requested by such agencies. Reimbursement shall

be made from appropriations applicable to the work on which the

equipment is used at rental rates established by the Secretary,

based on actual or estimated cost of operation, repair,

maintenance, depreciation, and equipment management control and

credited to appropriations currently available at the time

adjustment is effected, and the Secretary may also rent equipment

for fire control purposes to State, county, private, or other

non-Federal agencies that cooperate with the Secretary in the

administration of the said National Park System and other areas

in fire control, such rental to be under the terms of written

cooperative agreements, the amount collected for such rentals to

be credited to appropriations currently available at the time

payment is received.

-SOURCE-

(Aug. 8, 1953, ch. 384, Sec. 1, 67 Stat. 495; Pub. L. 91-383, Sec.

2(a), Aug. 18, 1970, 84 Stat. 826.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-383 struck out ''and miscellaneous areas

administered in connection therewith'' after ''National Park

System'' and ''and miscellaneous areas'' after ''aforesaid system''

in introductory text and ''National Park System'' in pars. (1),

(2), (4) to (7), and (8) where first appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 459b-6, 459c-6 of

this title.

-CITE-

16 USC Sec. 1c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1c. General administration provisions; system defined;

particular areas

-STATUTE-

(a) ''National park system'' defined

The ''national park system'' shall include any area of land and

water now or hereafter administered by the Secretary of the

Interior through the National Park Service for park, monument,

historic, parkway, recreational, or other purposes.

(b) Specific provisions applicable to area; uniform application of

sections 1b to 1d and other provisions of this title to all

areas when not in conflict with specific provisions; references

in other provisions to national parks, monuments, recreation

areas, historic monuments, or parkways not a limitation of such

other provisions to those areas

Each area within the national park system shall be administered

in accordance with the provisions of any statute made specifically

applicable to that area. In addition, the provisions of sections

1b to 1d of this title, and the various authorities relating to the

administration and protection of areas under the administration of

the Secretary of the Interior through the National Park Service,

including but not limited to the Act of August 25, 1916 (39 Stat.

535), as amended (16 U.S.C. 1, 2, 3, and 4), the Act of March 4,

1911 (36 Stat. 1253), as amended (16 U.S.C. 5) relating to

rights-of-way, the Act of June 5, 1920 (41 Stat. 917), as amended

(16 U.S.C. 6), relating to donation of land and money, sections 1,

4, 5, and 6 of the Act of April 9, 1924 (43 Stat. 90), as amended

(16 U.S.C. 8 and 8a-8c), relating to roads and trails, the Act of

March 4, 1931 (46 Stat. 1570; 16 U.S.C. 8d), relating to approach

roads to national monuments, the Act of June 3, 1948 (62 Stat.

334), as amended (16 U.S.C. 8e-8f), relating to conveyance of roads

to States, the Act of August 31, 1954 (68 Stat. 1037), as amended

(16 U.S.C. 452a), relating to acquisitions of inholdings, section 1

of the Act of July 3, 1926 (44 Stat. 900), as amended (16 U.S.C.

12), relating to aid to visitors in emergencies, the Act of March

3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests, sections

3, 4, 5, and 6 of the Act of May 26, 1930 (46 Stat. 381), as

amended (16 U.S.C. 17b, 17c, 17d, and 17e), relating to services or

other accommodations for the public, emergency supplies and

services to concessioners, acceptability of travelers checks, care

and removal of indigents, the Act of October 9, 1965 (79 Stat. 696;

16 U.S.C. 20-20g), (FOOTNOTE 1) relating to concessions, the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l-4 et seq.), and the Act of July 15, 1968 (82 Stat. 355), shall

to the extent such provisions are not in conflict with any such

specific provision, be applicable to all areas within the national

park system and any reference in such Act to national parks,

monuments, recreation areas, historic monuments, or parkways shall

hereinafter not be construed as limiting such Acts to those areas.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Aug. 8, 1953, ch. 384, Sec. 2, 67 Stat. 496; Pub. L. 91-383, Sec.

2(b), Aug. 18, 1970, 84 Stat. 826.)

-REFTEXT-

REFERENCES IN TEXT

Act of October 9, 1965, referred to in subsec. (b), is Pub. L.

89-249, Oct. 9, 1965, 79 Stat. 969, known as the National Park

System Concessions Policy Act, which was classified generally to

subchapter IV (Sec. 20 et seq.) of this chapter, prior to repeal by

Pub. L. 105-391, title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat.

3515.

Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), referred to in

subsec. (b), related to arrests by National Park Service personnel

in the national forests and national parks. Provisions of that Act

that related to arrests by Forest Service personnel in the national

forest and national parks are classified to section 559 of this

title. Section 10(a)(2) of Pub. L. 91-383, as added by Pub. L.

94-458, Sec. 2, Oct. 7, 1976, 90 Stat. 1941, amended the 1905 Act

by striking out references to the National Park Service and the

national parks, and had the effect of repealing those provisions of

the 1905 Act that were classified to section 10 of this title.

Provisions relating to law and order within areas of the National

Park System are covered by section 1a-6 of this title.

Section 17d of this title, referred to in subsec. (b), was

omitted from the Code as obsolete.

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (b), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of this title and Tables.

Act of July 15, 1968 (82 Stat. 355), referred to in subsec. (b),

is Pub. L. 90-401, which enacted sections 460l-10a to 460l-10c and

460l-22 of this title, amended section 460l-5, 460l-7, and 460l-9

of this title, and enacted provisions set out as notes under

section 460l-5 of this title. For complete classification of this

Act to the Code, see Tables.

-MISC2-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-383, in redefining the national

park system, substituted provision for inclusion of any area of

land and water now or hereafter administered by the Secretary of

the Interior through the National Park Service for park, monument,

historic, parkway, recreational, or other purposes for prior

provision defining such system to mean all federally owned or

controlled lands administered under direction of Secretary of the

Interior under sections 1, 2, 3, and 4 of this title and grouped in

the following descriptive categories: (1) National parks, (2)

national monuments, (3) national historic parks, (4) national

memorials, (5) national parkways, and (6) national capital parks.

Subsec. (b). Pub. L. 91-383 substituted provisions making

specific provisions applicable to an area of the national park

system, for uniform application of authorities, and prohibiting

construction of references in other provisions to national parks,

monuments, recreation areas, historic monuments or parkways as

limitation of such other provisions to those areas, for prior

definition of ''miscellaneous areas'' as including lands under

administrative jurisdiction of another Federal agency, or privately

owned lands, and over which National Park Service, under direction

of Secretary of the Interior, exercises supervision for

recreational, historical, or other related purposes, and lands

under care and custody of such Service other than those herein

described.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a-1, 1f, 459b-6, 459c-6,

5207 of this title.

-CITE-

16 USC Sec. 1d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1d. Appropriations

-STATUTE-

On and after August 8, 1953, applicable appropriations of the

National Park Service shall be available for the objects and

purposes specified in section 17j-2 of this title.

-SOURCE-

(Aug. 8, 1953, ch. 384, Sec. 3, 67 Stat. 496.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 459b-6, 459c-6 of

this title.

-CITE-

16 USC Sec. 1e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1e. National Capital region arts and cultural affairs; grant

program

-STATUTE-

There is hereby established under the direction of the National

Park Service a program to support and enhance artistic and cultural

activities in the National Capital region. Eligibility for grants

shall be limited to organizations of demonstrated national

significance which meet at least two of the additional following

criteria:

(1) an annual operating budget in excess of $1,000,000;

(2) an annual audience or visitation of at least 200,000

people;

(3) a paid staff of at least one hundred persons; or

(4) eligibility under the Historic Sites Act of 1935 (16 U.S.C.

462(e)).

Public or private colleges and universities are not eligible for

grants under this program.

Grants awarded under this section may be used to support general

operations and maintenance, security, or special projects. No

organization may receive a grant in excess of $500,000 in a single

year.

The Director of the National Park Service shall establish an

application process, appoint a review panel of five qualified

persons, at least a majority of whom reside in the National Capital

region, and develop other program guidelines and definitions as

required.

The contractual amounts required for the support of Ford's

Theater and Wolf Trap National Park for the Performing Arts shall

be available within the amount herein provided without regard to

any other provisions of this section.

-SOURCE-

(Pub. L. 98-473, title I, Sec. 101(c) (title I, Sec. 100), Oct. 12,

1984, 98 Stat. 1837, 1844; Pub. L. 89-671, Sec. 14(c), as added

Pub. L. 107-219, Sec. 1(a)(3), Aug. 21, 2002, 116 Stat. 1330.)

-REFTEXT-

REFERENCES IN TEXT

The Historic Sites Act of 1935, referred to in text, which is

also known as the Historic Sites, Buildings, and Antiquities Act,

is act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, which is

classified to sections 461 to 467 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 461 of this title and Tables.

-MISC2-

AMENDMENTS

2002 - Pub. L. 89-671, Sec. 14(c), as added by Pub. L. 107-219,

which provided that any reference to ''Wolf Trap Farm Park'' shall

be considered to be a reference to ''Wolf Trap National Park for

the Performing Arts'', was executed by substituting ''Wolf Trap

National Park for the Performing Arts'' for ''Wolf Trap Farm Park

for the Performing Arts'' in concluding provisions to reflect the

probable intent of Congress.

-CITE-

16 USC Sec. 1f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1f. Challenge cost-share agreement authority

-STATUTE-

(1) Definitions

For purposes of this subsection:

(A) The term ''challenge cost-share agreement'' means any

agreement entered into between the Secretary and any cooperator

for the purpose of sharing costs or services in carrying out

authorized functions and responsibilities of the Secretary of the

Interior with respect to any unit or program of the National Park

System (as defined in section 1c(a) of this title), any

affiliated area, or any designated National Scenic or Historic

Trail.

(B) The term ''cooperator'' means any State or local

government, public or private agency, organization, institution,

corporation, individual, or other entity.

(2) Challenge cost-share agreements

The Secretary of the Interior is authorized to negotiate and

enter into challenge cost-share agreements with cooperators.

(3) Use of Federal funds

In carrying out challenge cost-share agreements, the Secretary of

the Interior is authorized to provide the Federal funding share

from any funds available to the National Park Service.

-SOURCE-

(Pub. L. 104-333, div. I, title VIII, Sec. 814(g), Nov. 12, 1996,

110 Stat. 4199.)

-CITE-

16 USC Sec. 1g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 1g. Cooperative agreements

-STATUTE-

The National Park Service may in fiscal year 1997 and thereafter

enter into cooperative agreements that involve the transfer of

National Park Service appropriated funds to State, local and tribal

governments, other public entities, educational institutions, and

private nonprofit organizations for the public purpose of carrying

out National Park Service programs pursuant to section 6305 of

title 31 to carry out public purposes of National Park Service

programs.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(d) (title I), Sept.

30, 1996, 110 Stat. 3009-181, 3009-189.)

-CITE-

16 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 2. National parks, reservations, and monuments; supervision

-STATUTE-

The director shall, under the direction of the Secretary of the

Interior, have the supervision, management, and control of the

several national parks and national monuments which on August 25,

1916, were under the jurisdiction of the Department of the

Interior, and of the Hot Springs National Park in the State of

Arkansas, and of such other national parks and reservations of like

character as may be created by Congress. In the supervision,

management, and control of national monuments contiguous to

national forests the Secretary of Agriculture may cooperate with

said National Park Service to such extent as may be requested by

the Secretary of the Interior.

-SOURCE-

(Aug. 25, 1916, ch. 408, Sec. 2, 39 Stat. 535; Mar. 4, 1921, ch.

161, Sec. 1, 41 Stat. 1407.)

-CHANGE-

CHANGE OF NAME

Hot Springs Reservation was changed to Hot Springs National Park

by section 1 of act Mar. 4, 1921.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 3, 4, 21b, 45f, 79i,

80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197, 201b,

205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d, 281d,

282a, 283c, 284a, 291b, 342, 345, 346a-2, 355a, 391b-1, 396b, 396d,

397d, 398c, 401, 403-3, 403b, 404b, 406d-2, 407a, 407q, 408b, 409e,

410b, 410r-7, 410w, 410y-5, 410z-4, 410aa-2, 410bb-1, 410ee,

410ff-3, 410gg-2, 410hh-2, 410ii-5, 410jj-4, 410kk-1, 410ll,

410mm-1, 410nn-1, 410oo-3, 410qq-2, 410rr-3, 410rr-7, 410ss-1,

410tt-3, 410vv-2, 410ww-4, 410xx-1, 410yy-2, 410aaa-2, 410aaa-23,

410aaa-46, 410bbb-2, 410ccc-2, 410ddd, 410eee-3, 410fff-2,

410ggg-1, 410hhh-5, 410iii-5, 423h-2, 423l-5, 423o, 426m, 428d-3,

428o, 429a-2, 430f-5, 430f-10, 430m, 430w, 430cc, 430hh, 430ll,

430ss, 430uu-2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e-1,

450n, 450q, 450t, 450y-1, 450y-6, 450bb-1, 450cc-1, 450dd-1,

450ee-1, 450ff-2, 450hh-2, 450jj-5, 450mm-3, 450oo-9, 450pp-1,

450ss-2, 450ss-4, 459a-1, 459b-6, 459c-6, 459d-4, 459h-4, 459i-5,

459j-4, 460, 460a-2, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5,

460x-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ff-3, 460hh-3,

460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1,

460kkk, 467b, 698c, 698i, 698n, 698r, 698u-3, 698w, 1133, 1902,

3125, 5931, 5951, 5959 of this title; title 30 section 1014; title

36 section 153513; title 40 section 1314; title 48 section 1705.

-CITE-

16 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 3. Rules and regulations of national parks, reservations, and

monuments; timber; leases

-STATUTE-

The Secretary of the Interior shall make and publish such rules

and regulations as he may deem necessary or proper for the use and

management of the parks, monuments, and reservations under the

jurisdiction of the National Park Service, and any violation of any

of the rules and regulations authorized by this section and

sections 1, 2, and 4 of this title shall be punished by a fine of

not more than $500 or imprisonment for not exceeding six months, or

both, and be adjudged to pay all cost of the proceedings. He may

also, upon terms and conditions to be fixed by him, sell or dispose

of timber in those cases where in his judgment the cutting of such

timber is required in order to control the attacks of insects or

diseases or otherwise conserve the scenery or the natural or

historic objects in any such park, monument, or reservation. He

may also provide in his discretion for the destruction of such

animals and of such plant life as may be detrimental to the use of

any of said parks, monuments, or reservations. No natural,

(FOOTNOTE 1) curiosities, wonders, or objects of interest shall be

leased, rented, or granted to anyone on such terms as to interfere

with free access to them by the public: Provided, however, That the

Secretary of the Interior may, under such rules and regulations and

on such terms as he may prescribe, grant the privilege to graze

livestock within any national park, monument, or reservation herein

referred to when in his judgment such use is not detrimental to the

primary purpose for which such park, monument, or reservation was

created, except that this provision shall not apply to the

Yellowstone National Park: And provided further, That the Secretary

of the Interior may grant said privileges, leases, and permits and

enter into contracts relating to the same with responsible persons,

firms, or corporations without advertising and without securing

competitive bids: And provided further, That no contract, lease,

permit, or privilege granted shall be assigned or transferred by

such grantees, permittees, or licensees without the approval of the

Secretary of the Interior first obtained in writing.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

-SOURCE-

(Aug. 25, 1916, ch. 408, Sec. 3, 39 Stat. 535; June 2, 1920, ch.

218, Sec. 5, 41 Stat. 732; Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat.

235; Pub. L. 85-434, May 29, 1958, 72 Stat. 152; Pub. L. 105-391,

title IV, Sec. 415(b)(1), Nov. 13, 1998, 112 Stat. 3515.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act Aug. 25, 1916, which is

classified to this section and sections 1, 2, and 4 of this title.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-391, Sec. 415(b)(1)(A), in fourth sentence,

substituted ''No natural,'' for ''He may also grant privileges,

leases, and permits for the use of land for the accommodation of

visitors in the various parks, monuments, or other reservations

herein provided for, but for periods not exceeding thirty years;

and no natural''.

Pub. L. 105-391, Sec. 415(b)(1)(B), in fourth sentence, struck

out last proviso which read as follows '': And provided further,

That the Secretary may, in his discretion, authorize such grantees,

permittees, or licensees to execute mortgages and issue bonds,

shares of stock, and other evidences of interest in or indebtedness

upon their rights, properties, and franchises, for the purposes of

installing, enlarging, or improving plant and equipment and

extending facilities for the accommodation of the public within

such national parks and monuments''.

1958 - Pub. L. 85-434 substituted ''thirty years'' for ''twenty

years''.

1928 - Act Mar. 7, 1928, inserted last three provisos.

1920 - Act June 2, 1920, substituted ''and any violation of any

of the rules and regulations authorized by this section and

sections 1, 2, and 4 of this title shall be punished by a fine of

not more than $500 or imprisonment for not exceeding six months, or

both, and be adjudged to pay all cost of the proceedings'' for

''and any violations of any of the rules and regulations authorized

by this section and sections 1, 2, and 4 of this title shall be

punished as provided for in section 50 of the Act entitled 'An Act

to codify and amend the Penal Laws of the United States,' approved

March 4, 1909, as amended by section 6 of the Act of June 25, 1910

(Thirty-sixth United States Statutes at Large, page 857,''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 3b, 4, 21b, 22, 45f,

47-1, 61, 63, 79i, 80d, 81g, 81h, 90c, 108, 111c, 112, 119, 158,

159b, 160f, 195, 197, 201b, 205a, 221b, 222, 230e, 231c, 245, 254,

264, 271d, 272d, 273d, 281d, 282a, 283c, 284a, 291b, 342, 345,

346a-2, 355a, 391b-1, 394, 396b, 396d, 397d, 398c, 401, 403-3,

403b, 404b, 406d-2, 407a, 407q, 408b, 409e, 410b, 410r-7, 410w,

410y-5, 410z-4, 410aa-2, 410bb-1, 410ee, 410ff-3, 410gg-2, 410hh-2,

410ii-5, 410jj-4, 410kk-1, 410ll, 410mm-1, 410nn-1, 410oo-3,

410qq-2, 410rr-3, 410rr-7, 410ss-1, 410tt-3, 410vv-2, 410ww-4,

410xx-1, 410yy-2, 410aaa-2, 410aaa-23, 410aaa-46, 410bbb-2,

410ccc-2, 410ddd, 410eee-3, 410fff-2, 410ggg-1, 410hhh-5, 410iii-5,

423h-2, 423l-5, 423o, 426m, 428d-3, 428o, 429a-2, 430f-5, 430f-10,

430m, 430w, 430cc, 430hh, 430ll, 430ss, 430uu-2, 433b, 433j, 441c,

442, 445c, 447c, 450, 450e-1, 450n, 450q, 450t, 450y-1, 450y-6,

450bb-1, 450cc-1, 450dd-1, 450ee-1, 450ff-2, 450hh-2, 450jj-5,

450mm-3, 450oo-9, 450pp-1, 450ss-2, 450ss-4, 459a-1, 459b-6,

459c-6, 459d-4, 459h-4, 459i-5, 459j-4, 460, 460a-2, 460m-5,

460m-12, 460m-15, 460s-5, 460w-5, 460x-5, 460bb-3, 460cc-2,

460dd-3, 460ee, 460ff-3, 460hh-3, 460ii-2, 460kk, 460uu-2, 460ww-1,

460yy-1, 460eee-1, 460fff-1, 460kkk, 467b, 698c, 698i, 698n, 698r,

698u-3, 698w, 1133, 1902, 3125, 5931, 5951, 5959 of this title;

title 30 section 1014; title 36 section 153513; title 40 section

1314; title 48 section 1705.

-CITE-

16 USC Sec. 3a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 3a. Recovery of costs associated with special use permits

-STATUTE-

Notwithstanding any other provision of law, the National Park

Service may on and after November 11, 1993, recover all costs of

providing necessary services associated with special use permits,

such reimbursements to be credited to the appropriation current at

that time.

-SOURCE-

(Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1387.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior appropriation acts:

Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1384.

Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 999.

Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1923.

Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 709.

Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1788.

Pub. L. 100-202, Sec. 101(g) (title I), Dec. 22, 1987, 101 Stat.

1329-213, 1329-223.

Pub. L. 99-500, Sec. 101(h) (title I), Oct. 18, 1986, 100 Stat.

1783-242, 1783-251, and Pub. L. 99-591, Sec. 101(h) (title I), Oct.

30, 1986, 100 Stat. 3341-242, 3341-251.

-CITE-

16 USC Sec. 3b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 3b. Maintenance and repair of Government improvements under

concession contracts

-STATUTE-

Privileges, leases, and permits granted by the Secretary of the

Interior for the use of land for the accommodation of park

visitors, pursuant to section 3 of this title, may provide for the

maintenance and repair of Government improvements by the grantee

notwithstanding the provisions of section 1302 of title 40, or any

other provision of law.

-SOURCE-

(Pub. L. 87-608, Aug. 24, 1962, 76 Stat. 405.)

-COD-

CODIFICATION

''Section 1302 of title 40'' substituted in text for ''section

321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)'' on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

Section was classified to section 303c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

16 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 4. Rights-of-way through public lands

-STATUTE-

The provisions of sections 1, 2, and 3 of this title shall not

affect or modify the provisions of section 79 of this title.

-SOURCE-

(Aug. 25, 1916, ch. 408, Sec. 4, 39 Stat. 536.)

-REFTEXT-

REFERENCES IN TEXT

Section 79 of this title, referred to in text, was in the

original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.

For further details, see Codification note set out under section 79

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 3, 21b, 45f, 79i,

80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197, 201b,

205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d, 281d,

282a, 283c, 284a, 291b, 342, 345, 346a-2, 355a, 391b-1, 396b, 396d,

397d, 398c, 401, 403-3, 403b, 404b, 406d-2, 407a, 407q, 408b, 409e,

410b, 410r-7, 410w, 410y-5, 410z-4, 410aa-2, 410bb-1, 410ee,

410ff-3, 410gg-2, 410hh-2, 410ii-5, 410jj-4, 410kk-1, 410ll,

410mm-1, 410nn-1, 410oo-3, 410qq-2, 410rr-3, 410rr-7, 410ss-1,

410tt-3, 410vv-2, 410ww-4, 410xx-1, 410yy-2, 410aaa-2, 410aaa-23,

410aaa-46, 410bbb-2, 410ccc-2, 410ddd, 410eee-3, 410fff-2,

410ggg-1, 410hhh-5, 410iii-5, 423h-2, 423l-5, 423o, 426m, 428d-3,

428o, 429a-2, 430f-5, 430f-10, 430m, 430w, 430cc, 430hh, 430ll,

430ss, 430uu-2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e-1,

450n, 450q, 450t, 450y-1, 450y-6, 450bb-1, 450cc-1, 450dd-1,

450ee-1, 450ff-2, 450hh-2, 450jj-5, 450mm-3, 450oo-9, 450pp-1,

450ss-2, 450ss-4, 459a-1, 459b-6, 459c-6, 459d-4, 459h-4, 459i-5,

459j-4, 460, 460a-2, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5,

460x-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ff-3, 460hh-3,

460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1,

460kkk, 467b, 698c, 698i, 698n, 698r, 698u-3, 698w, 1133, 1902,

3125, 5931, 5951, 5959 of this title; title 30 section 1014; title

36 section 153513; title 40 section 1314; title 48 section 1705.

-CITE-

16 USC Sec. 5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 5. Rights-of-way through parks or reservations for power and

communications facilities

-STATUTE-

The head of the department having jurisdiction over the lands be,

and he hereby is, authorized and empowered, under general

regulations to be fixed by him, to grant an easement for

rights-of-way, for a period not exceeding fifty years from the date

of the issuance of such grant, over, across, and upon the public

lands and reservations of the United States for electrical poles

and lines for the transmission and distribution of electrical

power, and for poles and lines for communication purposes, and for

radio, television, and other forms of communication transmitting,

relay, and receiving structures and facilities, to the extent of

two hundred feet on each side of the center line of such lines and

poles and not to exceed four hundred feet by four hundred feet for

radio, television, and other forms of communication transmitting,

relay, and receiving structures and facilities, to any citizen,

association, or corporation of the United States, where it is

intended by such to exercise the right-of-way herein granted for

any one or more of the purposes herein named: Provided, That such

right-of-way shall be allowed within or through any national park

or any other reservation only upon the approval of the chief

officer of the department under whose supervision or control such

reservation falls, and upon a finding by him that the same is not

incompatible with the public interest: Provided further, That all

or any part of such right-of-way may be forfeited and annulled by

declaration of the head of the department having jurisdiction over

the lands for nonuse for a period of two years or for abandonment.

Any citizen, association, or corporation of the United States to

whom there has been issued a permit, prior to March 4, 1911, for

any of the purposes specified herein under any law existing at that

date, may obtain the benefit of this section upon the same terms

and conditions as shall be required of citizens, associations, or

corporations making application under the provisions of this

section subsequent to said date.

-SOURCE-

(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66

Stat. 95.)

-STATAMEND-

REPEALS

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),

Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,

1976, insofar as applicable to the issuance of rights-of-way

over, upon, under, and through the public lands and lands in the

National Forest System.

-COD-

CODIFICATION

Section, insofar as it relates also to rights-of-way in military

and other reservations and national forests, is also set out as

sections 420 and 523 of this title, and, in so far as it relates to

rights-of-way on public lands generally, and Indian reservations,

is set out as section 961 of Title 43, Public Lands.

-MISC3-

AMENDMENTS

1952 - Act May 27, 1952, inserted reference to rights-of-way for

radio, television, and other forms of communication, and increased

from 40 feet to 400 feet the maximum width of rights-of-way for

lines and poles.

SAVINGS PROVISION

Repeal by Pub. L. 94-579, insofar as applicable to the issuance

of rights-of-way, not to be construed as terminating any valid

lease, permit, patent, etc., existing on Oct. 21, 1976, see note

set out under section 1701 of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 6. Donations of lands within national parks and monuments and

moneys

-STATUTE-

The Secretary of the Interior in his administration of the

National Park Service is authorized, in his discretion, to accept

patented lands, rights-of-way over patented lands or other lands,

buildings, or other property within the various national parks and

national monuments, and moneys which may be donated for the

purposes of the national park and monument system.

-SOURCE-

(June 5, 1920, ch. 235, Sec. 1, 41 Stat. 917.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 6a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 6a. Repealed. Pub. L. 90-209, Sec. 2, Dec. 18, 1967, 81 Stat.

656

-MISC1-

Section, act July 10, 1935, ch. 375, Sec. 4, 49 Stat. 478,

related to acceptance of gifts or bequests of money. See section

19g of this title.

-CITE-

16 USC Sec. 7 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 7. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(35), 65 Stat. 702

-MISC1-

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to

purchase of supplies or services for National Park Service. See

section 5 of Title 41, Public Contracts.

-CITE-

16 USC Sec. 7a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 7a. Airports in national parks, monuments and recreation

areas; construction, etc.

-STATUTE-

The Secretary of the Interior (hereinafter called the

''Secretary'') is authorized to plan, acquire, establish,

construct, enlarge, improve, maintain, equip, operate, regulate,

and protect airports in the continental United States in, or in

close proximity to, national parks, national monuments, and

national recreation areas, when such airports are determined by him

to be necessary to the proper performance of the functions of the

Department of the Interior: Provided, That no such airport shall be

acquired, established, or constructed by the Secretary unless such

airport is included in the then current revision of the national

airport plan formulated by the Secretary of Transportation pursuant

to the provisions of the Federal Airport Act: Provided further,

That the operation and maintenance of such airports shall be in

accordance with the standards, rules, or regulations prescribed by

the Secretary of Transportation.

-SOURCE-

(Mar. 18, 1950, ch. 72, Sec. 1, 64 Stat. 27; Pub. L. 85-726, title

XIV, Sec. 1402(e), Aug. 23, 1958, 72 Stat. 807; Pub. L. 91-258,

title I, Sec. 52(b)(1), May 21, 1970, 84 Stat. 235.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Airport Act, referred to in text, is act May 13,

1946, ch. 251, 60 Stat. 170, as amended, which was classified to

chapter 14 (Sec. 1101 et seq.) of former Title 49, Transportation.

The Act was repealed by section 52(a) of the Airport and Airway

Development Act of 1970 (Pub. L. 91-258, title I, May 21, 1970, 84

Stat. 235). See chapter 471 of Title 49, Transportation.

-MISC2-

AMENDMENTS

1970 - Pub. L. 91-258 substituted ''Secretary of Transportation''

for ''Administrator of the Federal Aviation Agency'' in two places.

1958 - Pub. L. 85-726 substituted ''Administrator of the Federal

Aviation Agency'' for ''Administrator of Civil Aeronautics'' in two

places.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 1505(2) of Pub. L. 85-726 provided that the amendment

made by Pub. L. 85-726 is effective on 60th day following date on

which the Administrator of the Federal Aviation Agency first

appointed under Pub. L. 85-726 qualifies and takes office. The

Administrator was appointed, qualified and took office on Oct. 31,

1958.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7b, 7c, 7e of this title.

-CITE-

16 USC Sec. 7b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 7b. Acquisition of lands for airport use; contracts for

operation and maintenance

-STATUTE-

In order to carry out the purposes of sections 7a to 7e of this

title, the Secretary is authorized to acquire necessary lands and

interests in or over lands; to contract for the construction,

improvement, operation, and maintenance of airports and incidental

facilities; to enter into agreements with other public agencies

providing for the construction, operation, or maintenance of

airports by such other public agencies or jointly by the Secretary

and such other public agencies upon mutually satisfactory terms;

and to enter into such other agreements and take such other action

with respect to such airports as may be necessary to carry out the

purposes of said sections: Provided, That nothing in said sections

shall be held to authorize the Secretary to acquire any land, or

interest in or over land, by purchase, condemnation, grant, or

lease without first obtaining the consent of the Governor of the

State, and the consent of the State political subdivision in which

such land is located: And provided further, That the authorization

herein granted shall not exceed $3,500,000.

-SOURCE-

(Mar. 18, 1950, ch. 72, Sec. 2, 64 Stat. 28; Pub. L. 89-763, Nov.

5, 1966, 80 Stat. 1313.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-763 substituted ''$3,500,000'' for

''$2,000,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7c, 7e of this title.

-CITE-

16 USC Sec. 7c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 7c. Authorization to sponsor airport projects; use of funds

-STATUTE-

In order to carry out the purposes of sections 7a to 7e of this

title, the Secretary is authorized to sponsor projects under the

Federal Airport Act either independently or jointly with other

public agencies, and to use, for payment of the sponsor's share of

the project costs of such projects, any funds that may be

contributed or otherwise made available to him for such purpose

(receipt of which funds and their use for such purposes is

authorized) or may be appropriated or otherwise specifically

authorized therefor.

-SOURCE-

(Mar. 18, 1950, ch. 72, Sec. 3, 64 Stat. 28.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Airport Act, referred to in text, is act May 13,

1946, ch. 251, 60 Stat. 170, as amended, which was classified to

chapter 14 (Sec. 1101 et seq.) of former Title 49, Transportation.

The Act was repealed by section 52(a) of the Airport and Airway

Development Act of 1970 (Pub. L. 91-258, title I, May 21, 1970, 84

Stat. 235). See chapter 471 of Title 49, Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7b, 7e of this title.

-CITE-

16 USC Sec. 7d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 7d. Jurisdiction over airports; public operation

-STATUTE-

All airports under the jurisdiction of the Secretary, unless

otherwise specifically provided by law, shall be operated as public

airports, available for public use on fair and reasonable terms and

without unjust discrimination.

-SOURCE-

(Mar. 18, 1950, ch. 72, Sec. 4, 64 Stat. 28.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7b, 7c, 7e of this title.

-CITE-

16 USC Sec. 7e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 7e. Definitions

-STATUTE-

The terms ''airport'', ''project'', ''project costs'', ''public

agency'', and ''sponsor'', as used in sections 7a to 7e of this

title, shall have the respective meanings prescribed in the Federal

Airport Act.

-SOURCE-

(Mar. 18, 1950, ch. 72, Sec. 5, 64 Stat. 28.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Airport Act, referred to in text, is act May 13,

1946, ch. 251, 60 Stat. 170, as amended, which was classified to

chapter 14 (Sec. 1101 et seq.) of former Title 49, Transportation.

The Act was repealed by section 52(a) of the Airport and Airway

Development Act of 1970 (Pub. L. 91-258, title I, May 21, 1970, 84

Stat. 235). See chapter 471 of Title 49, Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7b, 7c of this title.

-CITE-

16 USC Sec. 8 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8. Roads and trails in national parks and monuments;

construction, etc.

-STATUTE-

The Secretary of the Interior, in his administration of the

National Park Service, is authorized to construct, reconstruct, and

improve roads and trails, inclusive of necessary bridges, in the

national parks and monuments under the jurisdiction of the

Department of the Interior.

-SOURCE-

(Apr. 9, 1924, ch. 86, Sec. 1, 43 Stat. 90.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 8b, 8d of this title.

-CITE-

16 USC Sec. 8-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8-1. Repealed. Pub. L. 85-767, Sec. 2 (33), Aug. 27, 1958, 72

Stat. 919

-MISC1-

Section, act Sept. 7, 1950, ch. 912, Sec. 4(a), 64 Stat. 787,

related to administration of appropriations for construction,

reconstruction, and improvement of roads and trails in national

parks, monuments, and other areas administered by National Park

Service.

Act Sept. 5, 1940, ch. 715, Sec. 8, 54 Stat. 870, which was

formerly classified to this section, was repealed by Pub. L.

85-767, Sec. 2(23), Aug. 27, 1958, 72 Stat. 919.

-CITE-

16 USC Sec. 8a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8a. National-park approach roads; designation

-STATUTE-

Whenever the Secretary of the Interior shall determine it to be

in the public interest he may designate as national-park approach

roads and as supplementary parts of the highway systems of any of

the national parks roads whose primary value is to carry

national-park travel and which lead across lands wholly or to the

extent of 90 per centum owned by the Government of the United

States and which will connect the highways within a national park

with a convenient point on or leading to the Federal 7 per centum

highway system: Provided, That such approach roads so designated

shall be limited to not to exceed sixty miles in length between a

park gateway and such point on or leading to the nearest convenient

7 per centum system road; or, if such approach road is on the 7 per

centum system, it shall be limited to not to exceed thirty miles:

Provided further, That not to exceed forty miles of any one

approach road shall be designated in any one county.

-SOURCE-

(Apr. 9, 1924, ch. 86, Sec. 4, as added Jan. 31, 1931, ch. 79, 46

Stat. 1053.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 8b, 8c, 8d of this

title.

-CITE-

16 USC Sec. 8b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8b. National-park approach roads and roads and trails within

national parks and national monuments; construction,

improvement, and maintenance; appropriation

-STATUTE-

The Secretary of the Interior is authorized during the fiscal

years 1950 and 1951 to construct, reconstruct, and improve

national-park approach roads designated under section 8a of this

title, inclusive of necessary bridges, and to enter into agreements

for the maintenance thereof by State or county authorities, or to

maintain them when otherwise necessary, as well as hereafter to

construct, reconstruct, and improve roads and trails within the

national parks and national monuments; and for all such purposes

there is authorized to be appropriated out of any money in the

Treasury not otherwise appropriated, the following sums:

$10,000,000 for the fiscal year ending June 30, 1950; the sum of

$10,000,000 for the fiscal year ending June 30, 1951: Provided,

That under agreement with the Secretary of the Interior the

Secretary of Commerce may carry out any or all of the provisions of

this section: Provided further, That not to be exceed $1,500,000

shall be allocated annually for the construction, reconstruction,

and improvement of such national-park approach roads: And provided

further, That nothing in this section or sections 8, 8a, and 8c of

this title shall be construed to limit the authority of the

Secretary of the Interior to hereafter construct, reconstruct,

improve, and maintain roads and trails within the national parks

and national monuments.

-SOURCE-

(Apr. 9, 1924, ch. 86, Sec. 5, as added Jan. 31, 1931, ch. 79, 46

Stat. 1053; amended 1939 Reorg. Plan No. I, Sec. 301, 302, eff.

July 1, 1939, 4 F.R. 2727, 53 Stat. 1426; June 29, 1948, ch. 732,

Sec. 4(a), 62 Stat. 1107; June 30, 1949, ch. 288, title I, Sec.

103, 63 Stat. 380; 1949 Reorg. Plan No. 7, Sec. 2, eff. Aug. 10,

1949, 14 F.R. 5228, 63 Stat. 1070.)

-MISC1-

AMENDMENTS

1948 - Act June 29, 1948, appropriated $10,000,000 for fiscal

years 1950 and 1951, respectively.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Administrator of General Services with respect to

Bureau of Public Roads transferred to Secretary of Commerce by

Reorg. Plan No. 7 of 1949, set out in the Appendix to Title 5,

Government Organization and Employees.

Functions of Federal Works Agency and of all agencies thereof,

together with functions of Federal Works Administrator transferred

to Administrator of General Services by section 103(a) of act June

30, 1949. Both Federal Works Agency and office of Federal Works

Administrator abolished by section 103(b) of that act. See text

of, and Historical and Revision Notes under, section 303(b) of

Title 40, Public Buildings, Property, and Works.

Functions of Secretary of Agriculture with respect to Public

Roads Administration transferred to Federal Works Administrator by

Reorg. Plan No. I of 1939, set out in the Appendix to Title 5,

Government Organization and Employees.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions effective July 1, 1949, see section 605,

formerly Sec. 505, of act June 30, 1949, ch. 288, 63 Stat. 403;

renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.

583.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 8c, 8d of this title.

-CITE-

16 USC Sec. 8c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8c. National-park approach roads across or within national

forests; approval of Secretary of Agriculture

-STATUTE-

Whenever any approach road is proposed under the terms of this

section and sections 8, 8a, and 8b of this title across or within

any national forest the Secretary of the Interior shall secure the

approval of the Secretary of Agriculture before construction shall

begin.

-SOURCE-

(Apr. 9, 1924, ch. 86, Sec. 6, as added Jan. 31, 1931, ch. 79, 46

Stat. 1054.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 8b, 8d of this title.

-CITE-

16 USC Sec. 8d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8d. National-monument approach roads

-STATUTE-

Approach roads to national monuments shall be included within the

provisions of sections 8 and 8a to 8c of this title under the same

conditions as approach roads to national parks, and the limitation

therein on the amount of annual allocation of funds to national

park approach roads shall be inclusive of such national monument

approaches.

-SOURCE-

(Mar. 4, 1931, ch. 522, title I, 46 Stat. 1570.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 8e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8e. Conveyance to States of roads leading to certain

historical areas; conditions; jurisdiction

-STATUTE-

The Secretary of the Interior is authorized in his discretion,

subject to such conditions as may seem to him proper, to convey by

proper quitclaim deed to any State, county, municipality, or proper

agency thereof, in which the same is located, all the right, title,

and interest of the United States in and to any Government owned or

controlled road leading to any national cemetery, national military

park, national historical park, national battlefield park, or

national historic site administered by the National Park Service.

Prior to the delivery of any conveyance under this section and

section 8f of this title, the State, county, or municipality to

which the conveyance authorized in this section is to be made shall

notify the Secretary of the Interior in writing of its willingness

to accept and maintain the road or roads included in such

conveyance. Upon the execution and delivery of any conveyance

authorized in this section, any jurisdiction heretofore ceded to

the United States by a State over the roads conveyed shall thereby

cease and determine and shall thereafter vest and be in the

particular State in which such roads are located.

-SOURCE-

(June 3, 1948, ch. 401, Sec. 1, 62 Stat. 334.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 8f of this title.

-CITE-

16 USC Sec. 8f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 8f. Roads leading to certain historical areas; ''State''

defined

-STATUTE-

The word ''State'' as used in section 8e of this title includes

Hawaii, Alaska, Puerto Rico, Guam, and the Virgin Islands.

-SOURCE-

(June 3, 1948, ch. 401, Sec. 2, 62 Stat. 334; Aug. 1, 1956, ch.

852, Sec. 5, 70 Stat. 908.)

-MISC1-

AMENDMENTS

1956 - Act Aug. 1, 1956, inserted ''Guam'' after ''Puerto Rico''.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 8e of this title.

-CITE-

16 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 9. Repealed. June 30, 1949, ch. 288, title VI, Sec.

602(a)(12), 63 Stat. 400, eff. July 1, 1949; renumbered Sept.

5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583

-MISC1-

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to

exchange of motor vehicles and equipment as part consideration in

purchase of new equipment.

-CITE-

16 USC Sec. 9a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 9a. Government of parks, etc.; violation of regulations as

misdemeanor

-STATUTE-

The Secretary of the Army is authorized to prescribe and publish

such regulations as he deems necessary for the proper government

and protection of, and maintenance of good order in, national

military parks, national parks, battlefield sites, national

monuments, and miscellaneous memorials as are now or hereafter may

be under the control of the Department of the Army; and any person

who knowingly and willfully violates any such regulation shall be

deemed guilty of a misdemeanor and punishable by a fine of not more

than $100 or by imprisonment for not more than three months, or by

both such fine and imprisonment.

-SOURCE-

(Mar. 2, 1933, ch. 180, Sec. 1, 47 Stat. 1420; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

CONSOLIDATION OF FUNCTIONS

Functions of administration of national parks, national

monuments, etc., including national cemeteries and parks of

Department of the Army located within continental limits of United

States, consolidated in an Office of National Parks, Buildings and

Reservations, see Ex. Ord. No. 6166, Sec. 2, June 10, 1933, set out

as a note under section 901 of Title 5, Government Organization and

Employees.

National Park Service substituted for Office of National Parks,

Buildings, and Reservations referred to in Ex. Ord. No. 6166, Sec.

2, June 10, 1933, by act Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat.

389.

CEMETERIES AND PARKS TRANSFERRED

Cemeteries and parks transferred, and postponement of transfer of

national cemeteries other than those named by Ex. Ord. No. 6166,

Sec. 2, as amended by Ex. Ord. No. 6228, Sec. 1, 2, July 28, 1933,

set out as notes under section 901 of Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 10, 10a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 10, 10a. Repealed. Pub. L. 91-383, Sec. 10(a)(2), (3), as

added Pub. L. 94-458, Sec. 2, Oct. 7, 1976, 90 Stat. 1941

-MISC1-

Section 10, act Mar. 3, 1905, ch. 1405, 33 Stat. 873, authorized

National Park Service employees to arrest and prosecute persons

violating the laws and regulations relating to the national forests

and national parks. Act Mar. 3, 1905, insofar as it relates to the

Forest Service, is classified to section 559 of this title. Pub.

L. 91-383, Sec. 10(a), as amended, amended act Mar. 3, 1905, to

delete references to the National Park Service and the national

parks. Authority to maintain law and order within areas of the

National Park System is now covered by section 1a-6 of this title.

Section 10a, act Mar. 2, 1933, ch. 180, Sec. 2, 47 Stat. 1420,

related to the authorization of commissioners, superintendents,

caretakers, officers, or guards of national military parks,

national parks, battlefield sites, national monuments, and

miscellaneous memorials, to arrest and prosecute persons for

violations of any of the regulations prescribed pursuant to section

9a of this title.

-CITE-

16 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 11. Medical attention for employees

-STATUTE-

The Secretary of the Interior in his administration of the

National Park Service is authorized to contract for medical

attention and service for employees and to make necessary pay-roll

deductions agreed to by the employees therefor.

-SOURCE-

(May 10, 1926, ch. 277, Sec. 1, 44 Stat. 491.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 12. Aid to visitors in emergencies

-STATUTE-

The Secretary of the Interior is authorized to aid and assist

visitors within the national parks or national monuments in

emergencies, and when no other source is available for the

procurement of food or supplies, by the sale, at cost, of food or

supplies in quantities sufficient to enable them to reach safely a

point where such food or supplies can be purchased: Provided, That

the receipts from such sales shall be deposited as a refund to the

appropriation or appropriations current at the date of covering in

of such deposit and shall be available for the purchase of similar

food or supplies.

-SOURCE-

(July 3, 1926, ch. 792, Sec. 1, 44 Stat. 900.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 13 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 13. Medical attention to employees at isolated places; removal

of bodies for burial

-STATUTE-

The Secretary of the Interior, in his discretion, is authorized

to provide, out of moneys appropriated for the general expense of

the several national parks and national monuments, medical

attention for employees of the National Park Service located at

isolated situations, including the moving of such employees to

hospitals or other places where medical assistance is available,

and in case of death to remove the bodies of deceased employees to

the nearest place where they can be prepared for shipment or for

burial.

-SOURCE-

(July 3, 1926, ch. 792, Sec. 2, 44 Stat. 900.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 14 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 14. Repealed. Pub. L. 88-578, Sec. 2(a), Sept. 3, 1964, 78

Stat. 899

-MISC1-

Section, acts Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat. 238; Mar.

4, 1929, ch. 705, Sec. 1, 45 Stat. 1602, prohibited expenditure of

appropriations for National Park Service where campground

privileges are charged for by the Park Service.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1965, see section 1(a) of Pub. L.

88-578, set out as an Effective Date note under section 460l-4 of

this title.

-CITE-

16 USC Sec. 14a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 14a. Appropriations; availability for printing information and

signs

-STATUTE-

Appropriations made for the National Park Service shall be

available for the printing of information and directional signs

made of cloth and required in the administration of areas under its

jurisdiction.

-SOURCE-

(May 10, 1939, ch. 119, Sec. 1, 53 Stat. 729.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 14b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 14b. Credits of receipts for meals and quarters furnished

Government employees in the field

-STATUTE-

Cash collections and pay-roll deductions made for meals and

quarters furnished by the National Park Service to employees of the

Government in the field and to cooperating agencies may be credited

as a reimbursement to the current appropriation for the

administration of the park or monument in which the accommodations

are furnished.

-SOURCE-

(May 9, 1935, ch. 101, Sec. 1, 49 Stat. 209.)

-COD-

CODIFICATION

Section is also set out as section 456a of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 14c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 14c. Availability for expense of recording donated lands

-STATUTE-

Appropriations made for the National Park Service shall be

available for any expenses incident to the preparation and

recording of title evidence covering lands to be donated to the

United States for administration by the National Park Service.

-SOURCE-

(June 28, 1941, ch. 259, Sec. 1, 55 Stat. 350.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 14d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 14d. Use of funds for law enforcement and emergencies

-STATUTE-

On and after October 5, 1992, any funds, not to exceed $250,000

per incident, available to the National Park Service may be used,

with the approval of the Secretary, to maintain law and order in

emergency and other unforeseen law enforcement situations and

conduct emergency search and rescue operations in the National Park

System: Provided further, That any exercise of this authority must

be replenished by a supplemental appropriation which must be

requested as promptly as possible.

-SOURCE-

(Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1384; Pub. L.

103-332, title I, Sept. 30, 1994, 108 Stat. 2507.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-332 inserted '', not to exceed $250,000 per

incident,'' after ''funds'' and '': Provided further, That any

exercise of this authority must be replenished by a supplemental

appropriation which must be requested as promptly as possible''

after ''System''.

-CITE-

16 USC Sec. 14e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 14e. Contribution for annuity benefits

-STATUTE-

For reimbursement (not heretofore made), pursuant to provisions

of Public Law 85-157, to the District of Columbia on a monthly

basis for benefit payments by the District of Columbia to United

States Park Police annuitants under the provisions of the Policeman

and Fireman's Retirement and Disability Act (Act), to the extent

those payments exceed contributions made by active Park Police

members covered under the Act, such amounts as hereafter may be

necessary: Provided, That hereafter the appropriations made to the

National Park Service shall not be available for this purpose.

-SOURCE-

(Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 424.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 85-157, referred to in text, is Pub. L. 85-157, Aug.

21, 1957, 71 Stat. 391, as amended, known as the Policemen and

Firemen's Retirement and Disability Act amendments of 1957, which

is not classified to the Code.

The Policeman and Fireman's Retirement and Disability Act,

referred to in text, probably means the Policemen and Firemen's

Retirement and Disability Act, act Sept. 1, 1916, ch. 433, Sec. 12,

39 Stat. 718, as amended, which is not classified to the Code.

-CITE-

16 USC Sec. 15 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 15. Appropriations for purchase of equipment; waterproof

footwear

-STATUTE-

Appropriations whenever made for the National Park Service, which

are available for the purchase of equipment may be used for

purchase of waterproof footwear which shall be regarded and listed

as park equipment.

-SOURCE-

(Mar. 7, 1928, ch. 137, Sec. 1, 45 Stat. 238.)

-CITE-

16 USC Sec. 16 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 16. Central warehouses at parks and monuments; maintenance;

purchase of supplies and materials; distribution

-STATUTE-

The Secretary of the Interior, in his administration of the

national parks and national monuments, is authorized to maintain

central warehouses at said parks and monuments, and appropriations

made for the administration, protection, maintenance, and

improvement of the said parks and monuments shall be available for

the purchase of supplies and materials to be kept in said central

warehouses for distribution at cost, including transportation and

handling, to projects under specific appropriations, and transfers

between the various appropriations made for the national parks and

national monuments are authorized for the purpose of charging the

cost of supplies and materials, including transportation and

handling, drawn from central warehouses maintained under this

authority to the particular appropriation benefited; and such

supplies and materials as remain therein at the end of any fiscal

year shall be continuously available for issuance during subsequent

fiscal years and to be charged for by such transfers of funds

between appropriations made for the administration, protection,

maintenance, and improvement of said parks and monuments for the

fiscal year then current without decreasing in any way the

appropriations made for that fiscal year: Provided, That supplies

and materials shall not be purchased solely for the purpose of

increasing the value of storehouse stock beyond reasonable

requirements for any current fiscal year.

-SOURCE-

(Apr. 18, 1930, ch. 187, 46 Stat. 219.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of procurement of supplies, services, stores, etc.,

exercised by any other agency transferred to Procurement Division

in Department of the Treasury by Ex. Ord. No. 6166, Sec. 1, June

10, 1933, set out as a note under section 901 of Title 5,

Government Organization and Employees. Procurement Division changed

to Bureau of Federal Supply by Department of the Treasury Order 73

dated Nov. 19, 1946. Bureau transferred on July 1, 1949, to General

Services Administration, where it functions as Federal Supply

Service, pursuant to act June 30, 1949, ch. 288, title I, Sec. 102,

63 Stat. 380, which was repealed and reenacted as section 303(a) of

Title 40, Public Buildings, Property, and Works, by Pub. L.

107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

-CITE-

16 USC Sec. 17 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17. Personal equipment and supplies for employees; purchase by

Secretary of the Interior; deductions from moneys due employees

-STATUTE-

The Secretary of the Interior is authorized to purchase personal

equipment and supplies for employees of the National Park Service,

and to make deductions therefor from moneys appropriated for salary

payments or otherwise due such employees.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 1, 46 Stat. 381.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 17a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 647

-MISC1-

Section, act May 26, 1930, ch. 324, Sec. 2, 46 Stat. 382,

provided for travel allowances and mileage for administration of

National Park Service.

-CITE-

16 USC Sec. 17b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17b. Services or other accommodations for public; contracts;

rates

-STATUTE-

The Secretary of the Interior is authorized to contract for

services or other accommodations provided in the national parks and

national monuments for the public under contract with the

Department of the Interior, as may be required in the

administration of the National Park Service, at rates approved by

him for the furnishing of such services or accommodations to the

Government and without compliance with the provisions of section 5

of title 41.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 3, 46 Stat. 382.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 17b-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17b-1. Repealed. Pub. L. 105-391, title IV, Sec. 415(b)(3),

Nov. 13, 1998, 112 Stat. 3516

-MISC1-

Section, acts July 31, 1953, ch. 298, title I, Sec. 1, 67 Stat.

271; July 14, 1956, ch. 598, 70 Stat. 543; Pub. L. 91-383, Sec.

12(c), as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976, 90 Stat.

1943, related to transmittal of reports of proposed contract and

lease awards to Congressional officers by Secretary.

-CITE-

16 USC Sec. 17c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17c. Procurement of supplies, materials, and special services

to aid permittees and licensees in emergencies; authority of

Secretary of the Interior

-STATUTE-

The Secretary of the Interior is authorized in emergencies, when

no other source is available for the immediate procurement of

supplies, materials, or special services, to aid and assist

grantees, permittees, or licensees conducting operations for the

benefit of the public in the national parks and national monuments

by the sale at cost, including transportation and handling of such

supplies, materials, or special services as may be necessary to

relieve the emergency and insure uninterrupted service to the

public: Provided, That the receipts from such sales shall be

deposited as a refund to the appropriation or appropriations

current at the date of covering in of such deposit, and shall be

available for expenditure for national-park and national-monument

purposes.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 4, 46 Stat. 382.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 17d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17d. Omitted

-COD-

CODIFICATION

Section, act May 26, 1930, ch. 324, Sec. 5, 46 Stat. 382, which

provided that section 543 of former title 31 should not be

construed to prohibit the acceptance of traveler's checks and other

forms of money equivalent in payment of automobile license fees,

etc. charged at national parks, was omitted as obsolete in view of

the repeal of section 543 of former title 31 by Pub. L. 97-258,

Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.

-CITE-

16 USC Sec. 17e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17e. Care and removal of indigents; disposition of dead

persons

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to provide, out of moneys appropriated for the general expenses of

the several national parks, for the temporary care and removal from

the park of indigents, and in case of death to provide for their

burial in those national parks not under local jurisdiction for

these purposes, this section in no case to authorize transportation

of such indigent or dead for a distance of more than fifty miles

from the national park.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 6, 46 Stat. 382.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

-CITE-

16 USC Sec. 17f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17f. Property of employee lost, damaged, or destroyed while in

use on official business; reimbursement of employee

-STATUTE-

The Secretary of the Interior in his administration of the

National Park Service is authorized to reimburse employees and

other owners of horses, vehicles, and other equipment lost,

damaged, or destroyed while in the custody of such employee or the

Department of the Interior, under authorization, contract, or loan,

for necessary fire fighting, trail, or other official business,

such reimbursement to be made from any available funds in the

appropriation to which the hire of such equipment would be properly

chargeable.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 7, 46 Stat. 382.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 17g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17g. Equipment required by field employees; by whom furnished

and maintained

-STATUTE-

The Secretary of the Interior may require field employees of the

National Park Service to furnish horses, motor and other vehicles,

and miscellaneous equipment necessary for the performance of their

official work; and he may provide, at Government expense, forage,

care, and housing for animals, and housing or storage and fuel for

vehicles and other equipment so required to be furnished.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 8, 46 Stat. 383.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 17h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17h. Hire, rental, and purchase of property of employees; when

authorized

-STATUTE-

The Secretary of the Interior may, under such regulations as he

may prescribe, authorize the hire, rental, or purchase of property

from employees of the National Park Service whenever the public

interest will be promoted thereby.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 9, 46 Stat. 383.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 17i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17i. Hire of work animals, vehicles and equipment with or

without personal services; rates

-STATUTE-

The National Park Service may hire, with or without personal

services, work animals and animal-drawn and motor-propelled

vehicles and equipment at rates to be approved by the Secretary of

the Interior and without compliance with the provisions of sections

5 and 16 of title 41.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 10, 46 Stat. 383.)

-REFTEXT-

REFERENCES IN TEXT

Section 16 of title 41, referred to in text, was repealed by act

Oct. 21, 1941, ch. 452, 55 Stat. 743.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 17j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17j. Traveling expenses of National Park System employees and

dependents of deceased employees

-STATUTE-

In the administration of the National Park System, the Secretary

of the Interior is authorized, under regulations prescribed by him,

to pay (a) the traveling expenses of employees, including the costs

of packing, crating, and transporting (including draying) their

personal property, upon permanent change of station of such

employees and (b) the traveling expenses as aforesaid of dependents

of deceased employees (i) to the nearest housing reasonably

available and of a standard not less than that which is vacated,

and to include compensation for not to exceed sixty days rental

cost thereof, in the case of an employee who occupied Government

housing and the death of such employee requires that housing to be

promptly vacated, and (ii) to the nearest port of entry in the

conterminous forty-eight States in the case of an employee whose

last permanent station was outside the conterminous forty-eight

States.

-SOURCE-

(May 26, 1930, ch. 324, Sec. 11, 46 Stat. 383; Pub. L. 91-383, Sec.

5, Aug. 18, 1970, as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976, 90

Stat. 1939.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 91-383, Sec. 5, as added by Pub. L. 94-458,

included travel expenses for dependents of a deceased National Park

System employee.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 17j-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17j-1. Omitted

-COD-

CODIFICATION

Section, act June 18, 1940, ch. 395, Sec. 1, 54 Stat. 445, which

related to travel expenses for attendance of National Park Service

field employees at authorized meetings, was enacted as part of the

Interior Department Appropriations Act, 1941, and was not repeated

in the Interior Department Appropriations Act, 1942 (approved June

28, 1941, ch. 259, 55 Stat. 303), or subsequent appropriation

acts. Similar provisions were contained in prior appropriation

acts.

-CITE-

16 USC Sec. 17j-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17j-2. Authorization of appropriations for road maintenance

and repair; administrative expenses; lectures, investigations,

telephone service, etc.

-STATUTE-

Appropriations for the National Park Service are authorized for -

(a) Necessary protection of the area of federally owned land in

the custody of the National Park Service known as the Ocean Strip

and Queets Corridor, adjacent to Olympic National Park, Washington;

necessary repairs to the roads from Glacier Park Station through

the Blackfeet Indian Reservation to the various points in the

boundary line of Glacier National Park, Montana, and the

international boundary; repair and maintenance of approximately two

and seventy-seven one-hundredths miles of road leading from United

States Highway 187 to the north entrance of Grand Teton National

Park, Wyoming; maintenance of approach roads through the Lassen

National Forest leading to Lassen Volcanic National Park,

California; maintenance and repair of the Generals Highway between

the boundaries of Sequoia National Park, California, and the Grant

Grove section of Kings Canyon National Park, California;

maintenance of approximately two and one-fourth miles of roads

comprising those portions of the Fresno-Kings Canyon approach road,

Park Ridge Lookout Road, and Ash Mountain-Advance truck trail,

necessary to the administration and protection of the Sequoia and

Kings Canyon National Parks; maintenance of the roads in the

national forests leading out of Yellowstone National Park, Wyoming,

Idaho, and Montana; maintenance of the road in the Stanislaus

National Forest connecting the Tioga Road with the Hetch Hetchy

Road near Mather Station, Yosemite National Park, California; and

maintenance and repair of the approach road to the Little Bighorn

Battlefield National Monument and the road connecting the said

monument with the Reno Monument site, Montana; repair and

maintenance of the class ''C'' road lying between the terminus of

F.A. 383 at the east boundary of Coronado National Forest and the

point where said class ''C'' road enters Coronado National Memorial

in the vicinity of Montezuma Pass, approximately 5.3 miles.

(b) Administration, protection, improvement, and maintenance of

areas, under the jurisdiction of other agencies of the Government,

devoted to recreational use pursuant to cooperative agreements.

(c) Necessary local transportation and subsistence in kind of

persons selected for employment or as cooperators, serving without

other compensation, while attending fire-protection training camps.

(d) Administration, protection, maintenance, and improvement of

the Chesapeake and Ohio Canal.

(e) Educational lectures in or in the vicinity of and with

respect to the national parks, national monuments, and other

reservations under the jurisdiction of the National Park Service;

and services of field employees in cooperation with such nonprofit

scientific and historical societies engaged in educational work in

the various parks and monuments as the Secretary of the Interior

may designate.

(f) Travel expenses of employees attending Government camps for

training in forest-fire prevention and suppression and the Federal

Bureau of Investigation National Police Academy, and attending

Federal, State, or municipal schools for training in building fire

prevention and suppression.

(g) Investigation and establishment of water rights in accordance

with local custom, laws, and decisions of courts, including the

acquisition of water rights or of lands or interests in lands or

rights-of-way for use and protection of water rights necessary or

beneficial in the administration and public use of the national

parks and monuments.

(h) Acquisition of rights-of-way and construction and maintenance

of a water supply line partly outside the boundaries of Mesa Verde

National Park.

(i) Official telephone service in the field in the case of

official telephones installed in private houses when authorized

under regulations established by the Secretary.

(j) Provide transportation for children in nearby communities to

and from any unit of the National Park System used in connection

with organized recreation and interpretive programs of the National

Park Service.

-SOURCE-

(Aug. 7, 1946, ch. 788, 60 Stat. 885; Pub. L. 86-689, Sec. 3, Sept.

2, 1960, 74 Stat. 737; Pub. L. 102-201, title I, Sec. 101, Dec. 10,

1991, 105 Stat. 1631; Pub. L. 104-333, div. I, title VIII, Sec.

802, Nov. 12, 1996, 110 Stat. 4186.)

-MISC1-

AMENDMENTS

1996 - Subsec. (j). Pub. L. 104-333 added subsec. (j).

1960 - Subsec. (a). Pub. L. 86-689 authorized appropriations for

the repair and maintenance of the class ''C'' road lying between

the terminus of F.A. 383 at the east boundary of Coronado National

Forest and the point where said class ''C'' road enters Coronado

National Memorial in the vicinity of Montezuma Pass.

-CHANGE-

CHANGE OF NAME

''Little Bighorn Battlefield National Monument'' substituted in

text for ''Custer Battlefield National Monument'' pursuant to Pub.

L. 102-201.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460eee-1, 460fff-1 of

this title.

-CITE-

16 USC Sec. 17k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17k. Park, parkway and recreational-area programs; study by

National Park Service; consent of States; purpose; cooperation

of government agencies

-STATUTE-

The Secretary of the Interior (hereinafter referred to as the

''Secretary'') is authorized and directed to cause the National

Park Service to make a comprehensive study, other than on lands

under the jurisdiction of the Department of Agriculture, of the

public park, parkway, and recreational-area programs of the United

States, and of the several States and political subdivisions

thereof, and of the lands throughout the United States which are or

may be chiefly valuable as such areas, but no such study shall be

made in any State without the consent and approval of the State

officials, boards, or departments having jurisdiction over such

lands and park areas. The said study shall be such as, in the

judgment of the Secretary, will provide data helpful in developing

a plan for coordinated and adequate public park, parkway, and

recreational-area facilities for the people of the United States.

In making the said study and in accomplishing any of the purposes

of this section and sections 17l to 17n of this title, the

Secretary is authorized and directed, through the National Park

Service, to seek and accept the cooperation and assistance of

Federal departments or agencies having jurisdiction of lands

belonging to the United States, and may cooperate and make

agreements with and seek and accept the assistance of other Federal

agencies and instrumentalities, and of States and political

subdivisions thereof and the agencies and instrumentalities of

either of them.

-SOURCE-

(June 23, 1936, ch. 735, Sec. 1, 49 Stat. 1894.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC5-

NATIONAL OUTDOOR RECREATION RESOURCES REVIEW COMMISSION

Pub. L. 85-470, June 28, 1958, 72 Stat. 238, as amended by Pub.

L. 86-6, Mar. 25, 1959, 73 Stat. 14; Pub. L. 87-12, Mar. 29, 1961,

75 Stat. 19, created a bipartisan Outdoor Recreation Resources

Review Commission.

The Commission was directed to proceed as soon as practicable to

set in motion a nationwide inventory and evaluation of outdoor

recreation resources and opportunities, directly and through the

Federal agencies, the States, and private organizations and groups,

utilizing to the fullest extent possible such studies, data, and

reports previously prepared or concurrently in process by Federal

agencies, States, private organizations, groups, and others, and to

compile such data and in the light of the data so compiled and of

information available concerning trends in population, leisure,

transportation, and other factors shall determine the amount, kind,

quality, and location of such outdoor recreation resources and

opportunities as will be required by the year 1976 and the year

2000, and shall recommend what policies should best be adopted and

what programs be initiated, at each level of government and by

private organizations and other citizen groups and interests, to

meet such future requirements.

The Commission was required to present not later than January 31,

1962, a report of its review, a compilation of its data, and its

recommendations on a State by State, region by region, and national

basis to the President and to the Congress, and ceased to exist not

later than September 1, 1962.

OUTDOOR RECREATION PROGRAMS

Coordination and development of programs relating to outdoor

recreation, see sections 460l to 460l-3 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17n of this title.

-CITE-

16 USC Sec. 17l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17l. Coordination; planning by States with aid of National

Park Service

-STATUTE-

For the purpose of developing coordinated and adequate public

park, parkway, and recreational-area facilities for the people of

the United States, the Secretary is authorized to aid the several

States and political subdivisions thereof in planning such areas

therein, and in cooperating with one another to accomplish these

ends. Such aid shall be made available through the National Park

Service acting in cooperation with such State agencies or agencies

of political subdivisions of States as the Secretary deems best.

-SOURCE-

(June 23, 1936, ch. 735, Sec. 2, 49 Stat. 1894.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 17k, 17n of this title.

-CITE-

16 USC Sec. 17m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17m. Consent of Congress to agreements between States; when

agreements effective

-STATUTE-

The consent of Congress is given to any two or more States to

negotiate and enter into compacts or agreements with one another

with reference to planning, establishing, developing, improving,

and maintaining any park, parkway, or recreational area. No such

compact or agreement shall be effective until approved by the

legislatures of the several States which are parties thereto and by

the Congress of the United States.

-SOURCE-

(June 23, 1936, ch. 735, Sec. 3, 49 Stat. 1895.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17k of this title.

-CITE-

16 USC Sec. 17n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17n. ''State'' defined

-STATUTE-

As used in sections 17k and 17l of this title the term ''State''

shall be deemed to include Hawaii, Alaska, Puerto Rico, Guam, the

Virgin Islands, and the District of Columbia.

-SOURCE-

(June 23, 1936, ch. 735, Sec. 4, 49 Stat. 1895; Aug. 1, 1956, ch.

852, Sec. 6, 70 Stat. 908.)

-MISC1-

AMENDMENTS

1956 - Act Aug. 1, 1956, inserted ''Guam'' after ''Puerto Rico''.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 17k of this title.

-CITE-

16 USC Sec. 17o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 17o. National Park Service housing improvement

-STATUTE-

(1) Purposes

The purposes of this section are -

(A) to develop where necessary an adequate supply of quality

housing units for field employees of the National Park Service

within a reasonable time frame;

(B) to expand the alternatives available for construction and

repair of essential Government housing;

(C) to rely on the private sector to finance or supply housing

in carrying out this section, to the maximum extent possible, in

order to reduce the need for Federal appropriations;

(D) to ensure that adequate funds are available to provide for

long-term maintenance needs of field employee housing; and

(E) to eliminate unnecessary Government housing and locate such

housing as is required in a manner such that primary resource

values are not impaired.

(2) General authority

To enhance the ability of the Secretary of the Interior

(hereafter in this section referred to as ''the Secretary''),

acting through the Director of the National Park Service, to

effectively manage units of the National Park System, the Secretary

is authorized where necessary and justified to make available

employee housing, on or off the lands under the administrative

jurisdiction of the National Park Service, and to rent or lease

such housing to field employees of the National Park Service at

rates based on the reasonable value of the housing in accordance

with requirements applicable under section 5911 of title 5.

(3) Review and revision of housing criteria

On November 12, 1996, the Secretary shall review and revise the

existing criteria under which housing is provided to employees of

the National Park Service. Specifically, the Secretary shall

examine the existing criteria with respect to what circumstances

the National Park Service requires an employee to occupy Government

quarters to provide necessary services, protect Government

property, or because of a lack of availability of non-Federal

housing in the geographic area.

(4) Submission of report

A report detailing the results of the revisions required by

paragraph (3) shall be submitted to the Committee on Resources of

the House of Representatives and the Committee on Energy and

Natural Resources of the Senate not later than 180 days after

November 12, 1996. The report shall include justifications for

keeping, or for changing, each of the criteria or factors used by

the Department of the Interior with regard to the provision of

housing to employees of the National Park Service.

(5) Review of condition of and costs relating to housing

Using the revised criteria developed under paragraph (3), the

Secretary shall undertake a review, for each unit of the National

Park System, of existing government-owned (FOOTNOTE 1) housing

provided to employees of the National Park Service. The review

shall include an assessment of the physical condition of such

housing and the suitability of such housing to effectively carry

out the missions of the Department of the Interior and the National

Park Service. For each unit of such housing, the Secretary shall

determine whether the unit is needed and justified. The review

shall include estimates of the cost of bringing each unit that is

needed and justified into usable condition that meets all

applicable legal housing requirements or, if the unit is determined

to be obsolete but is still warranted to carry out the missions of

the Department of the Interior and the National Park Service, the

cost of replacing the unit.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(6) Authorization for housing agreements

For those units of the National Park System for which the review

required by paragraphs (3) and (5) has been completed, the

Secretary is authorized, pursuant to the authorities contained in

this section and subject to the appropriation of necessary funds in

advance, to enter into housing agreements with housing entities

under which such housing entities may develop, construct,

rehabilitate, or manage housing, located on or off public lands,

for rent or lease to National Park Service employees who meet the

housing eligibility criteria developed by the Secretary pursuant to

this section.

(7) Joint public-private sector housing programs

(A) Lease to build program

Subject to the appropriation of necessary funds in advance, the

Secretary may -

(i) lease Federal land and interests in land to qualified

persons for the construction of field employee quarters for any

period not to exceed 50 years; and

(ii) lease developed and undeveloped non-Federal land for

providing field employee quarters.

(B) Competitive leasing

Each lease under subparagraph (A)(i) shall be awarded through

the use of publicly advertised, competitively bid, or

competitively negotiated contracting procedures.

(C) Terms and conditions

Each lease under subparagraph (A)(i) -

(i) shall stipulate whether operation and maintenance of

field employee quarters is to be provided by the lessee, field

employees or the Federal Government;

(ii) shall require that the construction and rehabilitation

of field employee quarters be done in accordance with the

requirements of the National Park Service and local applicable

building codes and industry standards;

(iii) shall contain such additional terms and conditions as

may be appropriate to protect the Federal interest, including

limits on rents the lessee may charge field employees for the

occupancy of quarters, conditions on maintenance and repairs,

and agreements on the provision of charges for utilities and

other infrastructure; and

(iv) may be granted at less than fair market value if the

Secretary determines that such lease will improve the quality

and availability of field employee quarters available.

(D) Contributions by United States

The Secretary may make payments, subject to appropriations, or

contributions in kind either in advance of or on a continuing

basis to reduce the costs of planning, construction, or

rehabilitation of quarters on or off Federal lands under a lease

under this paragraph.

(8) Rental guarantee program

(A) General authority

Subject to the appropriation of necessary funds in advance, the

Secretary may enter into a lease to build arrangement as set

forth in paragraph (7) with further agreement to guarantee the

occupancy of field employee quarters constructed or rehabilitated

under such lease. A guarantee made under this paragraph shall be

in writing.

(B) Limitations

The Secretary may not guarantee -

(i) the occupancy of more than 75 percent of the units

constructed or rehabilitated under such lease; and

(ii) at a rental rate that exceeds the rate based on the

reasonable value of the housing in accordance with requirements

applicable under section 5911 of title 5.

In no event shall outstanding guarantees be in excess of

$3,000,000, (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The comma probably should be a

period.

(C) Rental to Government employees

A guarantee may be made under this section only if the lessee

agrees to permit the Secretary to utilize for housing purposes

any units for which the guarantee is made (FOOTNOTE 3)

(FOOTNOTE 3) So in original. Probably should be followed by a

period.

(D) Failure to maintain a satisfactory level of operation and

maintenance

The lease shall be null and void if the lessee fails to

maintain a satisfactory level of operation and maintenance.

(9) Joint development authority

The Secretary may use authorities granted by statute in

combination with one another in the furtherance of providing where

necessary and justified affordable field employee housing.

(10) Contracts for the management of field employee quarters

(A) General authority

Subject to the appropriation of necessary funds in advance, the

Secretary may enter into contracts of any duration for the

management, repair, and maintenance of field employee quarters.

(B) Terms and conditions

Any such contract shall contain such terms and conditions as

the Secretary deems necessary or appropriate to protect the

interests of the United States and assure that necessary quarters

are available to field employees.

(11) Leasing of seasonal employee quarters

(A) General authority

Subject to subparagraph (B), the Secretary may lease quarters

at or near a unit of the national park system for use as seasonal

quarters for field employees. The rent charged to field

employees under such a lease shall be a rate based on the

reasonable value of the quarters in accordance with requirements

applicable under section 5911 of title 5.

(B) Limitation

The Secretary may only issue a lease under subparagraph (A) if

the Secretary finds that there is a shortage of adequate and

affordable seasonal quarters at or near such unit and that -

(i) the requirement for such seasonal field employee quarters

is temporary; or

(ii) leasing would be more cost-effective than construction

of new seasonal field employee quarters.

(C) Unrecovered costs

The Secretary may pay the unrecovered costs of leasing seasonal

quarters under this paragraph from annual appropriations for the

year in which such lease is made.

(12) Survey of existing facilities

The Secretary shall -

(A) complete a condition assessment for all field employee

housing, including the physical condition of such housing and the

necessity and suitability of such housing for carrying out the

agency mission, using existing information; and

(B) develop an agency-wide priority listing, by structure,

identifying those units in greatest need for repair,

rehabilitation, replacement, or initial construction.

(13) Use of housing-related funds

Expenditure of any funds authorized and appropriated for new

construction, repair, or rehabilitation of housing under this

section shall follow the housing priority listing established by

the agency under paragraph (12), in sequential order, to the

maximum extent practicable.

(14) Annual budget submittal

The President's proposed budget to Congress for the first fiscal

year beginning after November 12, 1996, and for each subsequent

fiscal year, shall include identification of nonconstruction funds

to be spent for National Park Service housing maintenance and

operations which are in addition to rental receipts collected.

(15) Study of housing allowances

Within 12 months after November 12, 1996, the Secretary shall

conduct a study to determine the feasibility of providing eligible

employees of the National Park Service with housing allowances

rather than Government housing. The study shall specifically

examine the feasibility of providing rental allowances to temporary

and lower paid permanent employees. Whenever the Secretary submits

a copy of such study to the Office of Management and Budget, he

shall concurrently transmit copies of the report to the Resources

Committee of the United States House of Representatives and the

Committee on Energy and Natural Resources of the United States

Senate.

(16) Study of sale of employee housing

Within 18 months of November 12, 1996, the Secretary shall

complete a study of the sale of Government quarters to a

cooperative consisting of field employees. The Secretary shall

examine the potential benefits to the Government as well as the

employees and any risks associated with such a program.

(17) General provisions

(A) Construction limitations on Federal lands

The Secretary may not utilize any lands for the purposes of

providing field employee housing under this section which will

impact primary resource values of the area or adversely affect

the mission of the agency.

(B) Rental rates

To the extent practicable, the Secretary shall establish rental

rates for all quarters occupied by field employees of the

National Park Service that are based on the reasonable value of

the quarters in accordance with requirements applicable under

section 5911 of title 5.

(C) Exemption from leasing requirements

The provisions of section 460l-22 of this title and section

1302 of title 40 shall not apply to leases issued by the

Secretary under this section.

(18) Proceeds

The proceeds from any lease under paragraph (7)(A) and any lease

under paragraph (11) shall be retained by the National Park

Service. Such proceeds shall be deposited into the special fund

established for maintenance and operation of quarters.

(19) Definitions

For purposes of this section:

(A) The term ''field employee'' means -

(i) an employee of the National Park Service who is

exclusively assigned by the National Park Service to perform

duties at a field unit, and the members of their family; and

(ii) other individuals who are authorized to occupy

Government quarters under section 5911 of title 5, and for whom

there is no feasible alternative to the provision of Government

housing, and the members of their family.

(B) The term ''land management agency'' means the National Park

Service, Department of the Interior.

(C) The term ''primary resource values'' means resources which

are specifically mentioned in the enabling legislation for that

field unit or other resource value recognized under Federal

statute.

(D) The term ''quarters'' means quarters owned or leased by the

Government.

(E) The term ''seasonal quarters'' means quarters typically

occupied by field employees who are hired on assignments of 6

months or less.

-SOURCE-

(Pub. L. 104-333, div. I, title VIII, Sec. 814(a), Nov. 12, 1996,

110 Stat. 4190; Pub. L. 106-176, title I, Sec. 120(a)(1), Mar. 10,

2000, 114 Stat. 28.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in pars. (1), (6), (13), and (17)(A),

(C), means section 814 of title VIII of div. I of Pub. L. 104-333

which enacted this section and sections 1f and 346e of this title

and made numerous amendments to this title. The reference probably

should have been ''this subsection'' meaning subsec. (a) of section

814 which enacted this section.

-COD-

CODIFICATION

''Section 1302 of title 40'' substituted in par. (17)(C) for

''section 321 of the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat.

412)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC3-

AMENDMENTS

2000 - Par. (6). Pub. L. 106-176, Sec. 120(a)(1)(A), substituted

''this section'' for ''this Act'' before period at end.

Par. (7)(B). Pub. L. 106-176, Sec. 120(a)(1)(B), substituted

''Competitive leasing'' for ''Comptetitive leasing'' in subpar.

heading.

Par. (9). Pub. L. 106-176, Sec. 120(a)(1)(C), substituted

''granted by statute'' for ''granted by statue''.

Par. (11)(B)(ii). Pub. L. 106-176, Sec. 120(a)(1)(D), substituted

''more cost-effective'' for ''more cost effective''.

Par. (13). Pub. L. 106-176, Sec. 120(a)(1)(E), substituted

''paragraph (12),'' for ''paragraph (13),''.

Par. (18). Pub. L. 106-176, Sec. 120(a)(1)(F), substituted

''under paragraph (7)(A) and any lease under paragraph (11)'' for

''under paragraph (7)(A)(i)(I), any lease under paragraph (11)(B),

and any lease of seasonal quarters under subsection (l),''.

-CITE-

16 USC Sec. 18 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18. Promotion of tourist travel

-STATUTE-

The Secretary of Commerce shall encourage, promote, and develop

travel within the United States, including any Commonwealth,

territory, and possession thereof, through activities which are in

the public interest and which do not compete with activities of any

State, city, or private agency.

-SOURCE-

(July 19, 1940, ch. 642, Sec. 1, 54 Stat. 773; Pub. L. 93-193, Sec.

2, Dec. 19, 1973, 87 Stat. 765; Pub. L. 94-55, Sec. 2(b), July 9,

1975, 89 Stat. 262.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-55 substituted ''shall encourage, promote, and

develop travel within the United States, including any

Commonwealth, territory, and possession thereof, through activities

which are in the public interest and which do not compete with

activities of any State, city, or private agency'' for ''is

authorized and directed to encourage, promote, and develop travel

within the United States, its Territories and possessions,

providing such activities do not compete with the activities of

private agencies; and to administer all existing travel promotion

functions of the Department of Commerce''.

-TRANS-

TRANSFER OF FUNCTIONS

Section 2 of Pub. L. 93-193, Dec. 19, 1973, 87 Stat. 765,

provided that:

''(a) There are hereby transferred to and vested in the Secretary

of Commerce all functions, powers, and duties of the Secretary of

the Interior and other offices and officers of the Department of

the Interior under the Act of July 19, 1940 (54 Stat. 773; 16

U.S.C. 18-18d).

''(b) The assets, liabilities, contracts, property, records,

authorizations, and allocations, employed, held, used, rising from,

available or to be made available in connection with the functions,

powers, and duties transferred by subsection (a) of this section

are hereby transferred to the Secretary of Commerce.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18a to 18d of this title.

-CITE-

16 USC Sec. 18a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18a. Cooperation with travel agencies; publication of

information

-STATUTE-

In carrying out the purposes of sections 18 to 18d of this title,

the Secretary is authorized to cooperate with public and private

tourist, travel, and other agencies in the display of exhibits, and

in the collection, publication, and dissemination of information

with respect to places of interest, routes, transportation

facilities, accommodations, and such other matters as he deems

advisable and advantageous for the purpose of encouraging,

promoting, or developing such travel. Nothing in said sections

shall prohibit the preparation of graphic materials in foreign

languages, designed to call attention to the attractions and places

of interest in the United States and to encourage the use of

American registered ships and planes. The existing facilities of

the United States Government in foreign countries are authorized to

assist in the distribution of this material. The Secretary may

enter into contracts with private publishers for such printing and

binding as he may deem advisable in carrying out the purposes of

said sections. The Secretary is also authorized to make charges

for any publications made available to the public pursuant to said

sections; and any proceeds from the sale of publications produced

by the expenditure of contributed funds shall continue to be

available for printing and binding as aforesaid.

-SOURCE-

(July 19, 1940, ch. 642, Sec. 2, 54 Stat. 773.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of Secretary of the Interior to

Secretary of Commerce, see Transfer of Functions note set out under

section 18 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18b, 18c, 18d of this

title.

-CITE-

16 USC Sec. 18b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18b. Advisory committee for promotion of tourist travel;

expenses

-STATUTE-

The Secretary of Commerce is authorized to create an advisory

committee to consist of a representative from each of the

Departments of State, Agriculture, and Commerce, the Interstate

Commerce Commission, and the Department of Transportation, as may

be designated by such Departments or agencies, respectively, and

such additional members, representatives of the various sections of

the Nation, including transportation and accommodations agencies,

not to exceed six members, to be appointed by the Secretary of

Commerce to serve at his pleasure. Meetings of the committee shall

be held at the request of the Secretary for the purpose of making

recommendations concerning the promotion of tourist travel under

the provisions of sections 18 to 18d of this title. The members of

the committee shall receive no compensation for their services as

members, but shall be entitled to reimbursement for such necessary

travel and other expenses in connection with their attendance at

committee meetings as may be authorized or approved by the

Secretary.

-SOURCE-

(July 19, 1940, ch. 642, Sec. 3, 54 Stat. 773; Pub. L. 93-193, Sec.

2, Dec. 19, 1973, 87 Stat. 765; Pub. L. 97-31, Sec. 12(10), Aug. 6,

1981, 95 Stat. 154; Pub. L. 98-443, Sec. 9(o), Oct. 4, 1984, 98

Stat. 1708.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-443 struck out ''the Civil Aeronautics

Authority,'' after ''the Interstate Commerce Commission,''.

1981 - Pub. L. 97-31 substituted ''Department of Transportation''

for ''United States Maritime Commission''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

Title 5, Government Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

Secretary of Commerce substituted for Secretary of the Interior

in view of transfer of functions to Secretary of Commerce from

Secretary of the Interior by section 2 of Pub. L. 93-193. See

Transfer of Functions note set out under section 18 of this title.

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-MISC5-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section

14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18a, 18c, 18d of this

title.

-CITE-

16 USC Sec. 18c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18c. Rules and regulations; employees

-STATUTE-

In the performance of his functions and duties under the

provisions of sections 18 to 18d of this title, the Secretary of

Commerce is authorized -

(a) To prescribe, amend, and repeal such rules and regulations as

he may deem necessary, and to accept contributions for carrying out

the purposes of said sections; and

(b) To employ, subject to chapter 51 and subchapter III of

chapter 53 of title 5, one special assistant and not to exceed five

artists and illustrators.

-SOURCE-

(July 19, 1940, ch. 642, Sec. 4, 54 Stat. 774; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 93-193, Sec. 2,

Dec. 19, 1973, 87 Stat. 765.)

-COD-

CODIFICATION

Provisions of par. (b) authorizing the Secretary of the Interior

to employ ''without regard to the civil-service laws'' were omitted

as such employment is subject to the civil service laws unless

specifically excepted by those laws or by laws enacted subsequent

to Executive Order 8743, Apr. 23, 1941, issued by the President

pursuant to the Act of Nov. 26, 1940, ch. 919, title I, Sec. 1, 54

Stat. 1211, which covered most excepted positions into the

classified (competitive) civil service. The Order is set out as a

note under section 3301 of Title 5, Government Organization and

employees.

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in par. (b) for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC3-

AMENDMENTS

1949 - Par. (b). Act Oct. 28, 1949, substituted ''Classification

Act of 1949'' for ''Classification Act of 1923''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

Secretary of Commerce substituted for Secretary of the Interior

in view of transfer of functions to Secretary of Commerce from

Secretary of the Interior by section 2 of Pub. L. 93-193. See

Transfer of Functions note set out under section 18 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18a, 18b, 18d of this

title.

-CITE-

16 USC Sec. 18d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18d. Authorization of appropriations

-STATUTE-

For the purpose of carrying out the provisions of sections 18 to

18d of this title, there are authorized to be appropriated not to

exceed $2,500,000 for the fiscal year ending June 30, 1976;

$625,000 for the transition period of July 1, 1976, through

September 30, 1976; $2,500,000 for the fiscal year ending September

30, 1977, and $2,500,000 for the fiscal year ending September 30,

1978.

-SOURCE-

(July 19, 1940, ch. 642, Sec. 5, 54 Stat. 774; Pub. L. 91-549, Dec.

14, 1970, 84 Stat. 1437; Pub. L. 94-55, Sec. 2(a), July 9, 1975, 89

Stat. 262.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-55 substituted provisions authorizing

appropriations not to exceed $2,500,000 for fiscal year ending June

30, 1976, $625,000 for the transition period of July 1, 1976

through Sept. 30, 1976, $2,500,000 for fiscal year ending Sept. 30,

1977, and $2,500,000 for fiscal year ending Sept. 30, 1978, for

provisions authorizing appropriations not to exceed $250,000 for

fiscal year 1971 and $750,000 for fiscal year 1972.

1970 - Pub. L. 91-549 substituted provisions authorizing

appropriations of not more than $250,000 for fiscal year 1971 and

not more than $750,000 for fiscal year 1972, for provisions which

authorized appropriations of not more than $100,000 annually.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18a, 18b, 18c of this

title.

-CITE-

16 USC Sec. 18e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18e. Repealed. Sept. 20, 1941, ch. 412, title V, Sec. 541(c),

55 Stat. 710

-MISC1-

Section, act June 28, 1941, ch. 259, Sec. 1, 55 Stat. 350,

exempted national park, etc., admission fees from all Federal tax

on admissions. Act Sept. 20, 1941, was made effective on, and

applicable only with respect to the period beginning with Oct. 1,

1941, by section 550(a) thereof.

-CITE-

16 USC Sec. 18f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18f. Management of museum properties

-STATUTE-

The purpose of this section and sections 18f-2 and 18f-3 of this

title shall be to increase the public benefits from museums

established within the individual areas administered by the

Secretary of the Interior through the National Park Service as a

means of informing the public concerning the areas and preserving

valuable objects and relics relating thereto. The Secretary of the

Interior, notwithstanding other provisions or limitations of law,

may perform the following functions in such manner as he shall

consider to be in the public interest:

(a) Donations and bequests

Accept donations and bequests of money or other personal

property, and hold, use, expend, and administer the same for

purposes of this section and sections 18f-2 and 18f-3 of this

title;

(b) Purchases

Purchase museum objects, museum collections, and other personal

properties at prices he considers to be reasonable;

(c) Exchanges

Make exchanges by accepting museum objects, museum collections,

and other personal properties, and by granting in exchange therefor

museum property under the administrative jurisdiction of the

Secretary which is no longer needed or which may be held in

duplicate among the museum properties administered by the

Secretary, such exchanges to be consummated on a basis which the

Secretary considers to be equitable and in the public interest;

(d) Accepting loans of museum objects

Accept the loan of museum objects, museum collections, and other

personal properties and pay transportation costs incidental

thereto, such loans to be accepted upon terms and conditions which

he shall consider necessary; and

(e) Making loans of museum objects

Loan to responsible public or private organizations,

institutions, or agencies, without cost to the United States, such

museum objects, museum collections, and other personal property as

he shall consider advisable, such loans to be made upon terms and

conditions which he shall consider necessary to protect the public

interest in such properties.

-SOURCE-

(July 1, 1955, ch. 259, Sec. 1, 69 Stat. 242; Pub. L. 104-333,

div. I, title VIII, Sec. 804(a)(1), Nov. 12, 1996, 110 Stat.

4187.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-333 struck out ''from such

donations and bequests of money'' before ''museum objects''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18f-1, 18f-2, 18f-3 of

this title.

-CITE-

16 USC Sec. 18f-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18f-1. Disposal of unnecessary or duplicate museum objects;

use of proceeds

-STATUTE-

In fiscal year 1991 and thereafter, the Secretary may exercise

the authorities granted in section 18f of this title in

administration of the Department of the Interior Museum, and may

dispose of objects no longer needed for the Museum or held in

duplicate among museum properties and apply the proceeds to the

purchase of museum objects, museum collections, and other personal

properties at reasonable prices.

-SOURCE-

(Pub. L. 101-512, title I, Sec. 116, Nov. 5, 1990, 104 Stat. 1937.)

-CITE-

16 USC Sec. 18f-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18f-2. Additional functions

-STATUTE-

(a) Museum objects and collections

In addition to the functions specified in section 18f of this

title, the Secretary of the Interior may perform the following

functions in such manner as he shall consider to be in the public

interest:

(1) Transfer museum objects and museum collections that the

Secretary determines are no longer needed for museum purposes to

qualified Federal agencies, including the Smithsonian

Institution, that have programs to preserve and interpret

cultural or natural heritage, and accept the transfer of museum

objects and museum collections for the purposes of this section

and sections 18f and 18f-3 of this title from any other Federal

agency, without reimbursement. The head of any other Federal

agency may transfer, without reimbursement, museum objects and

museum collections directly to the administrative jurisdiction of

the Secretary of the Interior for the purpose of this section and

sections 18f and 18f-3 of this title.

(2) Convey museum objects and museum collections that the

Secretary determines are no longer needed for museum purposes,

without monetary consideration but subject to such terms and

conditions as the Secretary deems necessary, to private

institutions exempt from Federal taxation under section 501(c)(3)

of title 26 and to non-Federal governmental entities if the

Secretary determines that the recipient is dedicated to the

preservation and interpretation of natural or cultural heritage

and is qualified to manage the property, prior to any conveyance

under this subsection.

(3) Destroy or cause to be destroyed museum objects and museum

collections that the Secretary determines to have no scientific,

cultural, historic, educational, esthetic, or monetary value.

(b) Review and approval

The Secretary shall ensure that museum collections are treated in

a careful and deliberate manner that protects the public interest.

Prior to taking any action under subsection (a) of this section,

the Secretary shall establish a systematic review and approval

process, including consultation with appropriate experts, that

meets the highest standards of the museum profession for all

actions taken under this section.

-SOURCE-

(July 1, 1955, ch. 259, Sec. 2, as added Pub. L. 104-333, div. I,

title VIII, Sec. 804(a)(2), Nov. 12, 1996, 110 Stat. 4187.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18f, 18f-3 of this title.

-CITE-

16 USC Sec. 18f-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER I - NATIONAL PARK SERVICE

-HEAD-

Sec. 18f-3. Application and definitions

-STATUTE-

(a) Application

Authorities in this section and sections 18f and 18f-2 of this

title shall be available to the Secretary of the Interior with

regard to museum objects and museum collections that were under the

administrative jurisdiction of the Secretary for the purposes of

the National Park System before November 12, 1996, as well as those

museum objects and museum collections that may be acquired on or

after November 12, 1996.

(b) Definitions

For the purposes of this section and sections 18f and 18f-2 of

this title, the terms ''museum objects'' and ''museum collections''

mean objects that are eligible to be or are made part of a museum,

library, or archive collection through a formal procedure, such as

accessioning. Such objects are usually movable and include but are

not limited to prehistoric and historic artifacts, works of art,

books, documents, photographs, and natural history specimens.

-SOURCE-

(July 1, 1955, ch. 259, Sec. 3, as added Pub. L. 104-333, div. I,

title VIII, Sec. 804(b), Nov. 12, 1996, 110 Stat. 4188.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18f, 18f-2 of this title.

-CITE-

16 USC SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

.

-HEAD-

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1246, 1250, 1282 of

this title.

-CITE-

16 USC Sec. 18g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

-HEAD-

Sec. 18g. Creation of program

-STATUTE-

The Secretary of the Interior (hereinafter referred to as the

Secretary) is authorized to recruit, train, and accept without

regard to the civil service classification laws, rules, or

regulations the services of individuals without compensation as

volunteers for or in aid of interpretive functions, or other

visitor services or activities in and related to areas administered

by the Secretary through the National Park Service. In accepting

such services of individuals or volunteers, the Secretary shall not

permit the use of volunteers in hazardous duty or law enforcement

work or in policymaking processes, or to displace any employee:

Provided, That the services of individuals whom the Secretary

determines are skilled in performing hazardous activities may be

accepted.

-SOURCE-

(Pub. L. 91-357, Sec. 1, July 29, 1970, 84 Stat. 472; Pub. L.

98-540, Sec. 1(b), Oct. 24, 1984, 98 Stat. 2718.)

-REFTEXT-

REFERENCES IN TEXT

The civil service classification laws, referred to in text, are

set forth in chapter 51 and subchapter III of chapter 53 of Title

5, Government Organization and Employees.

-MISC2-

AMENDMENTS

1984 - Pub. L. 98-540 restricted the activities of volunteers

except in the case of skilled individuals.

SHORT TITLE

Section 5 of Pub. L. 91-357, July 29, 1970, 84 Stat. 472,

provided that: ''This Act (enacting this subchapter) may be cited

as the 'Volunteers in the Parks Act of 1969'.''

-CITE-

16 USC Sec. 18h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

-HEAD-

Sec. 18h. Incidental expenses

-STATUTE-

The Secretary is authorized to provide for incidental expenses,

such as transportation, uniforms, lodging, and subsistence.

-SOURCE-

(Pub. L. 91-357, Sec. 2, July 29, 1970, 84 Stat. 472.)

-CITE-

16 USC Sec. 18i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

-HEAD-

Sec. 18i. Federal employee status for volunteers

-STATUTE-

(a) Employment status of volunteers

Except as otherwise provided in this section, a volunteer shall

not be deemed a Federal employee and shall not be subject to the

provisions of law relating to Federal employment, including those

relating to hours of work, rates of compensation, leave,

unemployment compensation, and Federal employee benefits.

(b) Tort claims

For the purpose of the tort claim provisions of title 28, a

volunteer under this subchapter shall be considered a Federal

employee.

(c) Civil employees

For the purposes of subchapter I of chapter 81 of title 5,

relating to compensation to Federal employees for work injuries,

volunteers under this subchapter shall be deemed civil employees of

the United States within the meaning of the term ''employee'' as

defined in section 8101 of title 5, and the provisions of that

subchapter shall apply.

(d) Compensation for losses and damages

For the purpose of claims relating to damage to, or loss of,

personal property of a volunteer incident to volunteer service, a

volunteer under this subchapter shall be considered a Federal

employee, and the provisions of section 3721 of title 31 shall

apply.

-SOURCE-

(Pub. L. 91-357, Sec. 3, July 29, 1970, 84 Stat. 472; Pub. L.

101-286, title II, Sec. 204(b), May 9, 1990, 104 Stat. 175.)

-REFTEXT-

REFERENCES IN TEXT

The tort claim provisions of title 28, referred to in subsec.

(b), are the provisions of the Federal Tort Claims Act, classified

to section 1346(b) and chapter 171 (Sec. 2671 et seq.) of Title 28,

Judiciary and Judicial Procedure.

-MISC2-

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-286 added subsec. (d).

-CITE-

16 USC Sec. 18j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER II - VOLUNTEERS IN PARKS PROGRAM

-HEAD-

Sec. 18j. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this subchapter, but not

more than $3,500,000 shall be appropriated in any one year.

-SOURCE-

(Pub. L. 91-357, Sec. 4, July 29, 1970, 84 Stat. 472; Pub. L.

94-128, Nov. 13, 1975, 89 Stat. 682; Pub. L. 98-540, Sec. 1(a),

Oct. 24, 1984, 98 Stat. 2718; Pub. L. 104-333, div. I, title VIII,

Sec. 805, Nov. 12, 1996, 110 Stat. 4188.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-333 substituted ''$3,500,000'' for

''$1,000,000''.

1984 - Pub. L. 98-540 substituted ''$1,000,000'' for

''$250,000''.

1975 - Pub. L. 94-128 substituted ''$250,000'' for ''$100,000''.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1(a) of Pub. L. 98-540 provided in part that: ''The

amendment made by this subsection (amending this section) shall

apply with respect to fiscal years beginning after September 30,

1984.''

-CITE-

16 USC SUBCHAPTER III - NATIONAL PARK FOUNDATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

.

-HEAD-

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3710 of this title.

-CITE-

16 USC Sec. 19 to 19c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19 to 19c. Repealed. Pub. L. 90-209, Sec. 2, Dec. 18, 1967, 81

Stat. 656

-MISC1-

Sections, act July 10, 1935, ch. 375, Sec. 1-3, 5, 49 Stat. 477,

478, related to: creation of National Park Trust Fund Board, its

composition, conduct of business, and compensation; authority to

accept and administer gifts, disposition of income, and limitations

thereof; succession, powers as trustee, and jurisdiction of suits;

and exemption of gifts from taxation, respectively. See sections

19e to 19n of this title.

-CITE-

16 USC Sec. 19d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19d. Repealed. Aug. 30, 1954, ch. 1076, Sec. 1(25), 68 Stat.

968

-MISC1-

Section, act July 10, 1935, ch. 375, Sec. 6, 49 Stat. 478,

required the National Park Trust Fund Board to submit an annual

report to Congress of the moneys or securities received and held by

it, and of its operations.

-CITE-

16 USC Sec. 19e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19e. Congressional statement of purpose; establishment of

Foundation

-STATUTE-

In order to encourage private gifts of real and personal property

or any income therefrom or other interest therein for the benefit

of, or in connection with, the National Park Service, its

activities, or its services, and thereby to further the

conservation of natural, scenic, historic, scientific, educational,

inspirational, or recreational resources for future generations of

Americans, there is hereby established a charitable and nonprofit

corporation to be known as the National Park Foundation to accept

and administer such gifts.

-SOURCE-

(Pub. L. 90-209, Sec. 1, Dec. 18, 1967, 81 Stat. 656.)

-MISC1-

SHORT TITLE

Pub. L. 90-209, which enacted this subchapter, is popularly known

as the ''National Park Foundation Act''.

-CITE-

16 USC Sec. 19f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19f. Board: membership, term of office, vacancies, Chairman,

Secretary, non-Federal office, quorum, seal, meetings,

compensation, traveling and subsistence expenses; Foundation as

successor to right, title, and interest of National Park Trust

Fund Board in property or funds; abolition and repeal of

National Park Trust Fund and Board provisions

-STATUTE-

The National Park Foundation shall consist of a Board having as

members the Secretary of the Interior, the Director of the National

Park Service, ex officio, and no less than six private citizens of

the United States appointed by the Secretary of the Interior whose

initial terms shall be staggered to assure continuity of

administration. Thereafter, the term shall be six years, unless a

successor is chosen to fill a vacancy occurring prior to the

expiration of the term for which his predecessor was chosen, in

which event the successor shall be chosen only for the remainder of

that term. The Secretary of the Interior shall be the Chairman of

the Board and the Director of the National Park Service shall be

the Secretary of the Board. Membership on the Board shall not be

deemed to be an office within the meaning of the statutes of the

United States. A majority of the members of the Board serving at

any one time shall constitute a quorum for the transaction of

business, and the Foundation shall have an official seal, which

shall be judicially noticed. The Board shall meet at the call of

the Chairman and there shall be at least one meeting each year.

No compensation shall be paid to the members of the Board for

their services as members, but they shall be reimbursed for actual

and necessary traveling and subsistence expenses incurred by them

in the performance of their duties as such members out of National

Park Foundation funds available to the Board for such purposes.

The Foundation shall succeed to all right, title, and interest of

the National Park Trust Fund Board established in any property or

funds, including the National Park Trust Fund, subject to the terms

and conditions thereof. The National Park Trust Fund is hereby

abolished, and the Act of July 10, 1935 (49 Stat. 477), as amended,

is hereby repealed.

-SOURCE-

(Pub. L. 90-209, Sec. 2, Dec. 18, 1967, 81 Stat. 656.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 10, 1935 (49 Stat. 477), as amended, referred to in

text, prior to its repeal by Pub. L. 90-209, Sec. 2, Dec. 18, 1967,

81 Stat. 656, was classified to sections 6a and 19 to 19d of this

title.

-CITE-

16 USC Sec. 19g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19g. Gifts, devises, or bequests; restriction; real property

interests; property with encumbrances, restrictions, or subject

to beneficial interests of private persons

-STATUTE-

The Foundation is authorized to accept, receive, solicit, hold,

administer, and use any gifts, devises, or bequests, either

absolutely or in trust of real or personal property or any income

therefrom or other interest therein for the benefit of or in

connection with, the National Park Service, its activities, or its

services: Provided, That the Foundation may not accept any such

gift, devise, or bequest which entails any expenditure other than

from the resources of the Foundation. An interest in the real

property includes, among other things, easements or other rights

for preservation, conservation, protection, or enhancement by and

for the public of natural, scenic, historic, scientific,

educational, inspirational, or recreational resources. A gift,

devise, or bequest may be accepted by the Foundation even though it

is encumbered, restricted, or subject to beneficial interests of

private persons if any current or future interest therein is for

the benefit of the National Park Service, its activities, or its

services.

-SOURCE-

(Pub. L. 90-209, Sec. 3, Dec. 18, 1967, 81 Stat. 656.)

-CITE-

16 USC Sec. 19h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19h. Property and income dealings and transactions;

prohibition of engagement in business; trust company type of

investments; utilization of services and facilities of Federal

agencies without reimbursement; transfer instrument

requirements and investments

-STATUTE-

Except as otherwise required by the instrument of transfer, the

Foundation may sell, lease, invest, reinvest, retain, or otherwise

dispose of or deal with any property or income thereof as the Board

may from time to time determine. The Foundation shall not engage

in any business, nor shall the Foundation make any investment that

may not lawfully be made by a trust company in the District of

Columbia, except that the Foundation may make any investment

authorized by the instrument of transfer, and may retain any

property accepted by the Foundation. The Foundation may utilize the

services and facilities of the Department of the Interior and the

Department of Justice, and such services and facilities may be made

available on request to the extent practicable with or without

reimbursement therefor. Monies reimbursed to either Department

shall be returned by the Department to the account from which the

funds for which the reimbursement is made were drawn and may,

without further appropriation, be expended for any purpose for

which such account is authorized.

-SOURCE-

(Pub. L. 90-209, Sec. 4, Dec. 18, 1967, 81 Stat. 656; Pub. L.

106-176, title III, Sec. 305, Mar. 10, 2000, 114 Stat. 33.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-176 inserted ''with or'' before ''without''

and inserted at end ''Monies reimbursed to either Department shall

be returned by the Department to the account from which the funds

for which the reimbursement is made were drawn and may, without

further appropriation, be expended for any purpose for which such

account is authorized.''

-CITE-

16 USC Sec. 19i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19i. Corporate succession; powers and duties of trustee;

suits; personal liability for malfeasance

-STATUTE-

The Foundation shall have perpetual succession, with all the

usual powers and obligations of a corporation acting as a trustee,

including the power to sue and to be sued in its own name, but the

members of the Board shall not be personally liable, except for

malfeasance.

-SOURCE-

(Pub. L. 90-209, Sec. 5, Dec. 18, 1967, 81 Stat. 657.)

-CITE-

16 USC Sec. 19j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19j. Authority for execution of contracts, instruments, and

necessary or appropriate acts

-STATUTE-

The Foundation shall have the power to enter into contracts, to

execute instruments, and generally to do any and all lawful acts

necessary or appropriate to its purposes.

-SOURCE-

(Pub. L. 90-209, Sec. 6, Dec. 18, 1967, 81 Stat. 657.)

-CITE-

16 USC Sec. 19k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19k. Bylaws, rules, and regulations; contracts for services

-STATUTE-

In carrying out the provisions of this subchapter, the Board may

adopt bylaws, rules, and regulations necessary for the

administration of its functions and contract for any necessary

services.

-SOURCE-

(Pub. L. 90-209, Sec. 7, Dec. 18, 1967, 81 Stat. 657.)

-CITE-

16 USC Sec. 19l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19l. Tax exemptions; contributions toward costs of local

government; contributions, gifts, or transfers to or for use of

United States

-STATUTE-

The Foundation and any income or property received or owned by

it, and all transactions relating to such income or property, shall

be exempt from all Federal, State, and local taxation with respect

thereto. The Foundation may, however, in the discretion of its

directors, contribute toward the costs of local government in

amounts not in excess of those which it would be obligated to pay

such government if it were not exempt from taxation by virtue of

the foregoing or by virtue of its being a charitable and nonprofit

corporation and may agree so to contribute with respect to property

transferred to it and the income derived therefrom if such

agreement is a condition of the transfer. Contributions, gifts,

and other transfers made to or for the use of the Foundation shall

be regarded as contributions, gifts, or transfers to or for the use

of the United States.

-SOURCE-

(Pub. L. 90-209, Sec. 8, Dec. 18, 1967, 81 Stat. 657.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 2055.

-CITE-

16 USC Sec. 19m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19m. Liability of United States

-STATUTE-

The United States shall not be liable for any debts, defaults,

acts, or omissions of the Foundation.

-SOURCE-

(Pub. L. 90-209, Sec. 9, Dec. 18, 1967, 81 Stat. 657.)

-CITE-

16 USC Sec. 19n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19n. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-209, Sec. 10, Dec. 18, 1967, 81 Stat. 657,

which required the National Park Foundation to transmit to Congress

an annual report of its proceedings and activities, including a

full and complete statement of its receipts, expenditures, and

investments, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 204 of

House Document No. 103-7.

-CITE-

16 USC Sec. 19o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III - NATIONAL PARK FOUNDATION

-HEAD-

Sec. 19o. Promotion of local fundraising support

-STATUTE-

(a) Establishment

The Foundation shall design and implement a comprehensive program

to assist and promote philanthropic programs of support at the

individual national park unit level.

(b) Implementation

The program under subsection (a) of this section shall be

implemented to -

(1) assist in the creation of local nonprofit support

organizations; and

(2) provide support, national consistency, and

management-improving suggestions for local nonprofit support

organizations.

(c) Program

The program under subsection (a) of this section shall include

the greatest number of national park units as is practicable.

(d) Requirements

The program under subsection (a) of this section shall include,

at a minimum -

(1) a standard adaptable organizational design format to

establish and sustain responsible management of a local nonprofit

support organization for support of a national park unit;

(2) standard and legally tenable bylaws and recommended

money-handling procedures that can easily be adapted as applied

to individual national park units; and

(3) a standard training curriculum to orient and expand the

operating expertise of personnel employed by local nonprofit

support organizations.

(e) Annual report

The Foundation shall report the progress of the program under

subsection (a) of this section in the annual report of the

Foundation.

(f) Affiliations

(1) Charter or corporate bylaws

Nothing in this section requires -

(A) a nonprofit support organization or friends group to

modify current practices or to affiliate with the Foundation;

or

(B) a local nonprofit support organization, established as a

result of this section, to be bound through its charter or

corporate bylaws to be permanently affiliated with the

Foundation.

(2) Establishment

An affiliation with the Foundation shall be established only at

the discretion of the governing board of a nonprofit

organization.

-SOURCE-

(Pub. L. 90-209, Sec. 11, as added Pub. L. 105-391, title VII, Sec.

701, Nov. 13, 1998, 112 Stat. 3520.)

-CITE-

16 USC SUBCHAPTER III-A - NATIONAL PARK SYSTEM VISITOR

FACILITY 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-A - NATIONAL PARK SYSTEM VISITOR FACILITY

.

-HEAD-

SUBCHAPTER III-A - NATIONAL PARK SYSTEM VISITOR FACILITY

-CITE-

16 USC Sec. 19aa to 19gg 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-A - NATIONAL PARK SYSTEM VISITOR FACILITY

-HEAD-

Sec. 19aa to 19gg. Omitted

-COD-

CODIFICATION

Sections 19aa to 19gg were omitted pursuant to section 19gg which

provided that all authorities contained in this subchapter expired

Sept. 30, 1989.

Section 19aa, Pub. L. 97-433, Sec. 2, Jan. 8, 1983, 96 Stat.

2277, defined terms for purposes of this subchapter.

Section 19bb, Pub. L. 97-433, Sec. 3, Jan. 8, 1983, 96 Stat.

2277, established in United States Treasury the National Park

System Visitor Facilities Fund and provided for funds to be

credited to that Fund.

Section 19cc, Pub. L. 97-433, Sec. 4, Jan. 8, 1983, 96 Stat.

2277, authorized appropriations to be made available to National

Park Foundation to carry out its functions under this subchapter.

Section 19dd, Pub. L. 97-433, Sec. 5, Jan. 8, 1983, 96 Stat.

2278, related to administration of Fund projects and required

Foundation to include in its annual report a description of

projects undertaken and accomplishments made under this subchapter.

Section 19ee, Pub. L. 97-433, Sec. 6, Jan. 8, 1983, 96 Stat.

2278, related to authority of National Park Foundation.

Section 19ff, Pub. L. 97-433, Sec. 7, Jan. 8, 1983, 96 Stat.

2279, provided that nothing in this subchapter affect

responsibilities of Secretary of the Interior under other

provisions of law.

Section 19gg, Pub. L. 97-433, Sec. 8, Jan. 8, 1983, 96 Stat.

2279, provided that authorities contained in this subchapter expire

Sept. 30, 1989, and that any moneys credited to Fund not

appropriated, expended, or obligated be transferred to

miscellaneous receipts of the Treasury.

-MISC3-

SHORT TITLE

Section 1 of Pub. L. 97-433 provided that this subchapter be

cited as the ''National Park System Visitor Facilities Fund Act''.

-CITE-

16 USC SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

.

-HEAD-

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 43 section 1474b-1.

-CITE-

16 USC Sec. 19jj 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

-HEAD-

Sec. 19jj. Definitions

-STATUTE-

As used in this subchapter the term:

(a) ''Attorney General'' means the Attorney General of the United

States.

(b) ''Damages'' includes the following:

(1) Compensation for -

(A)(i) the cost of replacing, restoring, or acquiring the

equivalent of a park system resource; and

(ii) the value of any significant loss of use of a park

system resource pending its restoration or replacement or the

acquisition of an equivalent resource; or

(B) the value of the park system resource in the event the

resource cannot be replaced or restored.

(2) The cost of damage assessments under section 19jj-2(b) of

this title.

(c) ''Response costs'' means the costs of actions taken by the

Secretary of the Interior to prevent or minimize destruction or

loss of or injury to park system resources; or to abate or minimize

the imminent risk of such destruction, loss, or injury; or to

monitor ongoing effects of incidents causing such destruction,

loss, or injury.

(d) ''Park system resource'' means any living or non-living

resource that is located within the boundaries of a unit of the

National Park System, except for resources owned by a non-Federal

entity.

(e) ''Regimen'' means a water column and submerged lands, up to

the high-tide or high-water line.

(f) ''Secretary'' means the Secretary of the Interior.

(g) ''Marine or aquatic park system resource'' means any living

or non-living part of a marine or aquatic regimen within or is a

living part of a marine or aquatic regimen within the boundaries of

a unit of the National Park System, except for resources owned by a

non-Federal entity.

-SOURCE-

(Pub. L. 101-337, Sec. 1, July 27, 1990, 104 Stat. 379; Pub. L.

104-333, div. I, title VIII, Sec. 814(h)(1), (2), Nov. 12, 1996,

110 Stat. 4199.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-333, Sec. 804(h)(1), amended

subsec. (d) generally. Prior to amendment, subsec. (d) read as

follows: '' 'Park system resource' means any living or nonliving

resource that is located within or is a living part of a marine

regimen or a Great Lakes aquatic regimen (including an aquatic

regimen within Voyageurs National Park) within the boundaries of a

unit of the National Park System, except for resources owned by a

non-Federal entity.''

Subsec. (g). Pub. L. 104-333, Sec. 814(h)(2), added subsec. (g).

-CITE-

16 USC Sec. 19jj-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

-HEAD-

Sec. 19jj-1. Liability

-STATUTE-

(a) In general

Subject to subsection (c) of this section, any person who

destroys, causes the loss of, or injures any park system resource

is liable to the United States for response costs and damages

resulting from such destruction, loss, or injury.

(b) Liability in rem

Any instrumentality, including but not limited to a vessel,

vehicle, aircraft, or other equipment that destroys, causes the

loss of, or injures any park system resource or any marine or

aquatic park resource shall be liable in rem to the United States

for response costs and damages resulting from such destruction,

loss, or injury to the same extent as a person is liable under

subsection (a) of this section.

(c) Defenses

A person is not liable under this section if such person can

establish that -

(1) the destruction, loss of, or injury to the park system

resource was caused solely by an act of God or an act of war;

(2) such person acted with due care, and the destruction, loss

of, or injury to the park system resource was caused solely by an

act or omission of a third party, other than an employee or agent

of such person; or

(3) the destruction, loss, or injury to the park system

resource was caused by an activity authorized by Federal or State

law.

(d) Scope

The provisions of this section shall be in addition to any other

liability which may arise under Federal or State law.

-SOURCE-

(Pub. L. 101-337, Sec. 2, July 27, 1990, 104 Stat. 379; Pub. L.

104-333, div. I, title VIII, Sec. 814(h)(3), Nov. 12, 1996, 110

Stat. 4199; Pub. L. 106-176, title I, Sec. 120(c), Mar. 10, 2000,

114 Stat. 29.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-176 inserted ''or'' after ''park

system resource''.

1996 - Subsec. (b). Pub. L. 104-333 inserted ''any marine or

aquatic park resource'' after ''any park system resource''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 19jj-2 of this title.

-CITE-

16 USC Sec. 19jj-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

-HEAD-

Sec. 19jj-2. Actions

-STATUTE-

(a) Civil actions for response costs and damages

The Attorney General, upon request of the Secretary after a

finding by the Secretary -

(1) of damage to a park system resource; or

(2) that absent the undertaking of response costs, damage to a

park system resource would have occurred;

may commence a civil action in the United States district court for

the appropriate district against any person who may be liable under

section 19jj-1 of this title for response costs and damages. The

Secretary shall submit a request for such an action to the Attorney

General whenever a person may be liable or an instrumentality may

be liable in rem for such costs and damages as provided in section

19jj-1 of this title.

(b) Response actions and assessment of damages

(1) The Secretary shall undertake all necessary actions to

prevent or minimize the destruction, loss of, or injury to park

system resources, or to minimize the imminent risk of such

destruction, loss, or injury.

(2) The Secretary shall assess and monitor damages to park system

resources.

-SOURCE-

(Pub. L. 101-337, Sec. 3, July 27, 1990, 104 Stat. 380.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 19jj of this title.

-CITE-

16 USC Sec. 19jj-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

-HEAD-

Sec. 19jj-3. Use of recovered amounts

-STATUTE-

Response costs and damages recovered by the Secretary under the

provisions of this subchapter or amounts recovered by the Federal

Government under any Federal, State, or local law or regulation or

otherwise as a result of damage to any living or nonliving resource

located within a unit of the National Park System, except for

damage to resources owned by a non-Federal entity, shall be

available to the Secretary and without further congressional action

may be used only as follows:

(a) Response costs and damage assessments

To reimburse response costs and damage assessments by the

Secretary or other Federal agencies as the Secretary deems

appropriate.

(b) Restoration and replacement

To restore, replace, or acquire the equivalent of resources

which were the subject of the action and to monitor and study

such resources: Provided, That no such funds may be used to

acquire any lands or waters or interests therein or rights

thereto unless such acquisition is specifically approved in

advance in appropriations Acts and any such acquisition shall be

subject to any limitations contained in the organic legislation

for such park unit.

(c) Excess funds

Any amounts remaining after expenditures pursuant to

subsections (a) and (b) of this section shall be deposited into

the General Fund of the United States Treasury.

-SOURCE-

(Pub. L. 101-337, Sec. 4, July 27, 1990, 104 Stat. 380; Pub. L.

103-437, Sec. 6(d)(3), Nov. 2, 1994, 108 Stat. 4583.)

-COD-

CODIFICATION

Subsection (d), which required the Secretary to report annually

to the Committee on Appropriations and the Committee on Energy and

Natural Resources of the United States Senate and the Committee on

Appropriations and the Committee on Natural Resources of the United

States House of Representatives on funds expended pursuant to this

subchapter, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, page 111 of House

Document No. 103-7.

-MISC3-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CITE-

16 USC Sec. 19jj-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION

-HEAD-

Sec. 19jj-4. Donations

-STATUTE-

The Secretary may accept donations of money or services for

expenditure or employment to meet expected, immediate, or ongoing

response costs. Such donations may be expended or employed at any

time after their acceptance, without further congressional action.

-SOURCE-

(Pub. L. 101-337, Sec. 5, July 27, 1990, 104 Stat. 381.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 19jj-3 of this title.

-CITE-

16 USC SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS,

FACILITIES, AND SERVICES IN AREAS

ADMINISTERED BY NATIONAL PARK SERVICE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND

SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE

.

-HEAD-

SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND

SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE

-CITE-

16 USC Sec. 20 to 20g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND

SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE

-HEAD-

Sec. 20 to 20g. Repealed. Pub. L. 105-391, title IV, Sec. 415(a),

Nov. 13, 1998, 112 Stat. 3515

-MISC1-

Section 20, Pub. L. 89-249, Sec. 1, Oct. 9, 1965, 79 Stat. 969,

related to congressional findings and statement of purpose.

Section 20a, Pub. L. 89-249, Sec. 2, Oct. 9, 1965, 79 Stat. 969,

related to authority of Secretary of the Interior to encourage

concessioners.

Section 20b, Pub. L. 89-249, Sec. 3, Oct. 9, 1965, 79 Stat. 969,

related to protection of concessioner's investment.

Section 20c, Pub. L. 89-249, Sec. 4, Oct. 9, 1965, 79 Stat. 970,

related to new or additional services, preferential rights, and

operations by a single concessioner.

Section 20d, Pub. L. 89-249, Sec. 5, Oct. 9, 1965, 79 Stat. 970,

related to renewal preference for satisfactory performance,

extensions, new contracts, and public notice.

Section 20e, Pub. L. 89-249, Sec. 6, Oct. 9, 1965, 79 Stat. 970,

related to concessioner's possessory interest in concession

property, limitations, compensation for taking, and determination

of just compensation.

Section 20f, Pub. L. 89-249, Sec. 7, Oct. 9, 1965, 79 Stat. 971,

related to use of non-monetary consideration in leases of

government property.

Section 20g, Pub. L. 89-249, Sec. 9, Oct. 9, 1965, 79 Stat. 971,

related to recordkeeping, audit and examination, and access to

books and records.

Sections 20 to 20g were popularly known as the National Park

System Concessions Policy Act. For similar provisions, see section

5951 et seq. of this title.

REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY ACT; SAVINGS

PROVISION

Pub. L. 105-391, title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat.

3515, provided that: ''Public Law 89-249 (commonly known as the

National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.)

is repealed. The repeal of such Act shall not affect the validity

of any concessions contract or permit entered into under such Act,

but the provisions of this title (see Short Title note set out

under section 5901 of this title) shall apply to any such contract

or permit except to the extent such provisions are inconsistent

with the terms and conditions of any such contract or permit.

References in this title to concessions contracts awarded under

authority of such Act also apply to concessions permits awarded

under such authority.''

-CITE-

16 USC SUBCHAPTER V - YELLOWSTONE NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

.

-HEAD-

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-CITE-

16 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 21. Establishment; boundaries; trespassers

-STATUTE-

The tract of land in the States of Montana and Wyoming, lying

near the headwaters of the Yellowstone River and described as

follows, to wit, commencing at the junction of Gardiner's River,

with the Yellowstone River, and running east to the meridian

passing ten miles to the eastward of the most eastern point of

Yellowstone Lake; thence south along said meridian to the parallel

of latitude passing ten miles south of the most southern point of

Yellowstone Lake; thence west along said parallel to the meridian

passing fifteen miles west of the most western point of Madison

Lake; thence north along said meridian to the latitude of the

junction of the Yellowstone and Gardiner's Rivers; thence east to

the place of beginning, is reserved and withdrawn from settlement,

occupancy, or sale under the laws of the United States, and

dedicated and set apart as a public park or pleasuring ground for

the benefit and enjoyment of the people; and all persons who

locate, or settle upon, or occupy any part of the land thus set

apart as a public park, except as provided in section 22 of this

title, shall be considered trespassers and removed therefrom.

-SOURCE-

(R.S. Sec. 2474.)

-COD-

CODIFICATION

R.S. Sec. 2474 derived from act Mar. 1, 1872, ch. 24, Sec. 1, 17

Stat. 32.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 21b of this title.

-CITE-

16 USC Sec. 21a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 21a. Revision of boundaries; contiguous national forests;

jurisdiction of forests

-STATUTE-

The boundary of the Yellowstone National Park is changed so as to

read as follows:

Beginning on the present north boundary line of Yellowstone

National Park at its intersection with the hydrographic divide

immediately north of Pebble Creek, approximately at park boundary

monument 29 east; thence following said divide around the head of

the drainage of Pebble Creek to its intersection with the present

east boundary line of Yellowstone National Park, at a point near

park boundary monument 54 north; thence southerly along said

boundary line to its intersection with the hydrographic divide

between Soda Butte and Cache Creeks, at a point near park boundary

monument 51 north; thence easterly along said hydrographic divide

to its intersection with the crest of the Absaroka Range; thence

southerly along said crest to its intersection with the main

hydrographic divide between Little Lamar River and the North Fork

of Shoshone River, passing over Republic and Hoodoo Peaks; thence

westerly along said divide passing over Notch Mountain to its

intersection with the present east boundary line of Yellowstone

National Park, at a point near park boundary monument 26 north;

thence continuing westerly along said divide, now between the

headwaters of Lamar River and Jones Creek; headwaters of Sedge,

Bear, Cub, and Clear Creeks, and the headwaters of Jones and Crow

Creeks, and between Crow Creek and Middle Creek, to its

intersection with the present east boundary line of Yellowstone

National Park, approximately at park boundary monument 18 north,

passing over Pyramid and Cathedral Peaks, Mount Chittenden, and

Avalanche Peak, thence southerly along said boundary line to its

intersection with the hydrographic divide immediately south of

Middle Creek, approximately at park boundary monument 15 north;

thence westerly along said divide, now between a southern tributary

of Middle Creek, headwaters of Beaverdam, Trappers, and Mountain

Creeks, and the headwaters of Canfield and Eagle Creeks, to its

intersection with the present east boundary line of Yellowstone

National Park, at a point near park boundary monument 5 north,

passing over Reservation and Atkins Peaks, Mount Schurz, Mount

Humphreys, and Eagle Peak; and

Beginning on the present west boundary line of Yellowstone

National Park at its intersection with the left bank of Gallatin

River between park monuments 45 and 46 north; thence northwesterly

along said bank to a point opposite the hydrographic divide between

Daly and Tepee Creeks; thence northeasterly across the Gallatin

River and along said divide, around the headwaters of Daly, Black

Butte, Specimen, and Fan Creeks, to the intersection of said divide

with the present north boundary line of Yellowstone National Park,

at a point near park boundary monument 11 west.

All of those lands lying within the boundary lines above

described and the present north, east, and west boundary lines are

included in and made a part of the Yellowstone National Park; and

all of those lands of the present Yellowstone National Park

excluded from the park are included in and made a part of the

contiguous national forests subject to all laws and regulations

applicable to national forests, and upon acceptance thereof by

appropriate action of the State, jurisdiction for all purposes

whatsoever shall be, and is, ceded over the land excluded from the

park to the State of Wyoming.

-SOURCE-

(Mar. 1, 1929, ch. 437, Sec. 1, 45 Stat. 1435; Apr. 19, 1930, ch.

190, 46 Stat. 220.)

-MISC1-

AMENDMENTS

1930 - Act Apr. 19, 1930, struck out ''Provided, That whereas it

is the purpose and intent of Congress to retain the areas hereby

added to the park in its original wilderness character, therefore,

no new roads shall be constructed and no hotels or permanent camps

shall be authorized or permitted to be maintained on such lands''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 21c of this title.

-CITE-

16 USC Sec. 21b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 21b. Extension of certain laws to park

-STATUTE-

The provisions of section 21 of this title, reserving lands for

park purposes, the Act of July 10, 1890 admitting the State of

Wyoming into the Union, and sections 1, 2, 3, 4, 24, 26, 30 and 30a

of this title and all Acts supplementary to and amendatory of said

sections are made applicable to and extended over the lands added

to the park: Provided, That the provisions of the Federal Power Act

(16 U.S.C. 791a et seq.) shall not apply to or extend over such

lands.

-SOURCE-

(Mar. 1, 1929, ch. 437, Sec. 2, 45 Stat. 1436.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, was in the original

the ''Act of June 10, 1920, entitled 'An Act to create a Federal

Power Commission, to provide for the improvement of navigation, the

development of water power, the use of the public lands in relation

thereto, and to repeal section 18 of the River and Harbor

Appropriation Act, approved August 8, 1917, and for other

purposes,' '' and was redesignated the Federal Power Act by section

791a of this title. The Federal Power Act is act June 10, 1920,

ch. 285, 41 Stat. 1063, as amended, and is classified generally to

chapter 12 (Sec. 791a et seq.) of this title. For complete

classification of this Act to the Code, see section 791a of this

title and Tables.

-CITE-

16 USC Sec. 21c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 21c. Section 485 as extending to revised boundaries; lands

acquired by exchange

-STATUTE-

The provisions of section 485 of this title shall continue to be

applicable to the areas included within the Yellowstone National

Park by section 21a of this title, and any lands within such areas

acquired by exchange thereunder shall thereupon become a part of

the Yellowstone National Park.

-SOURCE-

(Mar. 1, 1929, ch. 437, Sec. 3, 45 Stat. 1436.)

-CITE-

16 USC Sec. 21d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 21d. Existing claims, locations, and entries as affected by

revised boundaries

-STATUTE-

Nothing herein contained shall affect any valid existing claim,

location, or entry under the land laws of the United States,

whether for homestead, mineral right of way, or any other purposes

whatsoever, or shall affect the right of any such claimant,

locator, or entryman to the full use and enjoyment of his land.

-SOURCE-

(Mar. 1, 1929, ch. 437, Sec. 4, 45 Stat. 1436.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act Mar. 1, 1929, which is

classified to sections 21a to 21d of this title. For complete

classification of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 22 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 22. Control of park by Secretary of the Interior; removal of

trespassers

-STATUTE-

The Yellowstone National Park shall be under the exclusive

control of the Secretary of the Interior. In addition to the powers

and duties enumerated in section 3 of this title not inconsistent

with this section, he shall make regulations providing for the

preservation, from injury or spoliation, of all timber, mineral

deposits, natural curiosities, or wonders, within the park, and

their retention in their natural condition. The Secretary may, in

his discretion, grant leases for building purposes for terms not

exceeding thirty years, of small parcels of ground, at such places

in the park as may require the erection of buildings for the

accommodation of visitors. He shall provide against the wanton

destruction of the fish and game found within the park, and against

their capture or destruction for the purposes of merchandise or

profit. He shall also cause all persons trespassing upon the same

to be removed therefrom, and generally is authorized to take all

such measures as may be necessary or proper to fully carry out the

objects and purposes of this section.

-SOURCE-

(R.S. Sec. 2475; Aug. 25, 1916, ch. 408, Sec. 3, 39 Stat. 535; Pub.

L. 85-434, May 29, 1958, 72 Stat. 152.)

-COD-

CODIFICATION

R.S. Sec. 2475 derived from act Mar. 1, 1872, ch. 24, Sec. 2, 17

Stat. 33.

The words ''whose duty it shall be, as soon as practicable, to

make and publish such regulations as he may deem necessary or

proper for the care and management of the same'' were omitted from

the end of the first sentence as executed legislation.

The words ''In addition to the powers and duties enumerated in

section 3 of this title not inconsistent with this section'' were

added to relate this section to later law, defining the duties of

the Secretary of the Interior as to national parks.

''Thirty years'' was substituted for ''ten years'' in view of

section 3 of act Aug. 25, 1916, and act May 29, 1958, which

authorized the Secretary to grant privileges, leases, and permits

in the various parks for periods not exceeding thirty years. See

section 3 of this title.

As originally enacted, this section also contained a provision

that ''all of the proceeds of such leases, and all other revenues

that may be derived from any source connected with the park, to be

expended under his (Secretary of the Interior) direction in the

management of the same, and the construction of roads and

bridlepaths therein.'' This provision was superseded by section 452

of this title providing for the disposition of all revenues from

national parks.

-CITE-

16 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 23. Detail of troops for protection of park

-STATUTE-

The Secretary of the Army, upon the request of the Secretary of

the Interior, is authorized and directed to make the necessary

details of troops to prevent trespassers or intruders from entering

the park for the purpose of destroying the game or objects of

curiosity therein, or for any other purpose prohibited by law, and

to remove such persons from the park if found therein.

-SOURCE-

(Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-CITE-

16 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 24. Jurisdiction over park; fugitives from justice

-STATUTE-

The Yellowstone National Park, as its boundaries now are defined,

or as they may be hereafter defined or extended, shall be under the

sole and exclusive jurisdiction of the United States. All the laws

applicable to places under the sole and exclusive jurisdiction of

the United States, shall have force and effect in said park.

Nothing in this Act shall be construed to forbid the service in the

park of any civil or criminal process of any court having

jurisdiction in the States of Idaho, Montana, and Wyoming. All

fugitives from justice taking refuge in said park shall be subject

to the same laws as refugees from justice found in the State of

Wyoming.

-SOURCE-

(May 7, 1894, ch. 72, Sec. 1, 28 Stat. 73.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act May 7, 1894, which is

classified to sections 24 to 30a of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section 2 of act May 7, 1894, provided that the Yellowstone

National Park should be part of the judicial district of Wyoming,

and that the courts of the United States for the district should

have jurisdiction of all offenses committed within the park. It

was superseded by act Mar. 3, 1911, ch. 231, Sec. 115, 36 Stat.

1130, constituting the State of Wyoming and Yellowstone National

Park the judicial district of Wyoming, that section being in turn

superseded by act June 5, 1924, ch. 260, 43 Stat. 388. Provisions

of that act are covered by section 131 of Title 28, Judiciary and

Judicial Procedure.

-MISC3-

WYOMING: JURISDICTION OVER PARK

The act admitting the State of Wyoming into the Union, act July

10, 1890, ch. 664, 26 Stat. 222, contained a proviso annexed to the

description of the boundaries of the State, in section 2 of the

act, as follows: ''That nothing in this act contained shall repeal

or affect any act of Congress relating to the Yellowstone National

Park, or the reservation of the Park as now defined, or as may be

hereafter defined or extended, or the power of the United States

over it; and nothing contained in this act shall interfere with the

right and ownership of the United States in said park and

reservation as it now is or may hereafter be defined or extended by

law; but exclusive legislation, in all cases whatsoever, shall be

exercised by the United States, which shall have exclusive control

and jurisdiction over the same; but nothing in this proviso

contained shall be construed to prevent the service within said

park of civil and criminal process lawfully issued by the authority

of said State.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21b, 30a of this title.

-CITE-

16 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 25. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948

-MISC1-

Section, act May 7, 1894, ch. 72, Sec. 3, 28 Stat. 73, related to

applicability of criminal laws. See section 13 of Title 18, Crimes

and Criminal Procedure.

-CITE-

16 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 26. Regulations for hunting and fishing in park; punishment

for violations; forfeitures

-STATUTE-

All hunting, or the killing, wounding, or capturing at any time

of any bird or wild animal, except dangerous animals, when it is

necessary to prevent them from destroying human life or inflicting

an injury, is prohibited within the limits of said park; nor shall

any fish be taken out of the waters of the park by means of seines,

nets, traps, or by the use of drugs or any explosive substances or

compounds, or in any other way than by hook and line, and then only

at such seasons and in such times and manner as may be directed by

the Secretary of the Interior. The Secretary of the Interior shall

make and publish such rules and regulations as he may deem

necessary and proper for the management and care of the park and

for the protection of the property therein, especially for the

preservation from injury or spoliation of all timber, mineral

deposits, natural curiosities, or wonderful objects within said

park; and for the protection of the animals and birds in the park,

from capture or destruction, or to prevent their being frightened

or driven from the park; and he shall make rules and regulations

governing the taking of fish from the streams or lakes in the

park. Possession within the said park of the dead bodies, or any

part thereof, of any wild bird or animal shall be prima facie

evidence that the person or persons having the same are guilty of

violating this Act. Any person or persons, or stage or express

company or railway company, receiving for transportation any of the

said animals, birds, or fish so killed, taken, or caught shall be

deemed guilty of a misdemeanor, and shall be fined for every such

offense not exceeding $300. Any person found guilty of violating

any of the provisions of this Act or any rule or regulation that

may be promulgated by the Secretary of the Interior with reference

to the management and care of the park, or for the protection of

the property therein, for the preservation from injury or

spoliation of timber, mineral deposits, natural curiosities, or

wonderful objects within said park, or for the protection of the

animals, birds, and fish in the said park, shall be deemed guilty

of a misdemeanor, and shall be subjected to a fine of not more than

$500 or imprisonment not exceeding six months, or both, and be

adjudged to pay all costs of the proceedings.

All guns, traps, teams, horses, or means of transportation of

every nature or description used by any person or persons within

said park limits when engaged in killing, trapping, ensnaring, or

capturing such wild beasts, birds, or wild animals shall be

forfeited to the United States, and may be seized by the officers

in said park and held pending the prosecution of any person or

persons arrested under charge of violating the provisions of this

Act, and upon conviction under this Act of such person or persons

using said guns, traps, teams, horses, or other means of

transportation such forfeiture shall be adjudicated as a penalty in

addition to the other punishment provided in this Act. Such

forfeited property shall be disposed of and accounted for by and

under the authority of the Secretary of the Interior.

-SOURCE-

(May 7, 1894, ch. 72, Sec. 4, 28 Stat. 73; June 28, 1916, ch. 179,

39 Stat. 238.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act May 7, 1894, which is

classified to sections 24 to 30a of this title. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21b, 30a of this title.

-CITE-

16 USC Sec. 27 to 29 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 27 to 29. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.

992, eff. Sept. 1, 1948

-MISC1-

Section 27, acts May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar.

3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1938, ch. 778,

Sec. 1, 52 Stat. 1213, related to jurisdiction and powers of

commissioner (now magistrate judges). See sections 131, 631, and

632 of Title 28, Judiciary and Judicial Procedure.

Section 28, act May 7, 1894, ch. 72, Sec. 6, 28 Stat. 75, related

to deputy marshals. See section 562 of Title 28.

Section 29, acts May 7, 1894, ch. 72, Sec. 7, 28 Stat. 75; Apr.

17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42

Stat. 1560, related to compensation of commissioners (now

magistrate judges), marshals, and United States attorneys. See

sections 548, 571, 572, and 634 of Title 28.

-CITE-

16 USC Sec. 30 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 30. Jail building; office of magistrate judge

-STATUTE-

The Secretary of the Interior shall cause to be erected in

Yellowstone National Park a suitable building to be used as a jail,

and also having in said building an office for the use of the

United States magistrate judge.

-SOURCE-

(May 7, 1894, ch. 72, Sec. 9, 28 Stat. 75; Pub. L. 90-578, title

IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-COD-

CODIFICATION

Section 9 of the act of May 7, 1894, contained the added clause,

''the cost of such building not to exceed five thousand dollars, to

be paid out of any moneys in the Treasury not otherwise

appropriated upon certificate of the Secretary as a voucher

therefor,'' which was superseded by the provisions contained in

section 451 of this title.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted in text for

''magistrate'' pursuant to section 321 of Pub. L. 101-650, set out

as a note under section 631 of Title 28, Judiciary and Judicial

Procedure. Previously, ''magistrate'' substituted for

''commissioner'' pursuant to Pub. L. 90-578. See chapter 43 (Sec.

631 et seq.) of Title 28.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21b, 30a of this title.

-CITE-

16 USC Sec. 30a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 30a. Existing laws as affected

-STATUTE-

This Act shall not be construed to repeal existing laws

conferring upon the Secretary of the Interior and the Secretary of

the Army certain powers with reference to the protection,

improvement, and control of the said Yellowstone National Park.

-SOURCE-

(May 7, 1894, ch. 72, Sec. 10, 28 Stat. 75; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act May 7, 1894, which is

classified to sections 24 to 30a of this title. For complete

classification of this Act to the Code, see Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 21b of this title.

-CITE-

16 USC Sec. 31 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 31. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948

-MISC1-

Section, act May 7, 1894, ch. 72, Sec. 8, 28 Stat. 75, related to

payment of costs and expenses.

-CITE-

16 USC Sec. 32 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 32. Lease of lands within park

-STATUTE-

The Secretary of the Interior is authorized and empowered to

lease for a period not exceeding twenty years, at an annual rental

to be determined by him, to any person, corporation, or company he

may authorize to transact business in the Yellowstone National

Park, separate tracts of land, not exceeding twenty acres each, at

such places not to exceed ten in number to any one person,

corporation, or company, in said park as the comfort and

convenience of visitors may require for the construction and

maintenance of substantial hotel buildings and buildings for the

protection of stage, stock, and equipment.

Such lease or leases shall not include any of the geysers or any

objects of curiosity or interest in said park, or exclude the

public from free and convenient approach thereto, or include any

ground within one-eighth of a mile of any of the geysers of the

Yellowstone Falls, the Grand Canyon, or the Yellowstone River,

Mammoth Hot Springs, or any object of curiosity in the park; nor

shall such lease convey either expressly or by implication any

exclusive privilege within the park, except on the premises held

thereunder and for the time therein granted. Every lease made for

any property of said park shall require the lessee to observe and

obey each and every provision in any Act of Congress, every rule,

order, or regulation made or which shall hereafter be made and

published by the Secretary of the Interior concerning the use,

care, management, or government of the park, or any object or

property therein under penalty of forfeiture of such lease, and

shall be subject to the right of revocation and forfeiture, which

shall therein be reserved by the Secretary of the Interior.

The provisions of this section are not to be construed as

mandatory upon the Secretary of the Interior, but the authority

herein given is to be exercised in his sound discretion.

-SOURCE-

(Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. 2570, 34

Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. 1219.)

-COD-

CODIFICATION

The first paragraph of this section is from act June 4, 1906, as

amended by act Mar. 2, 1907, which changed the authorized term of

leasing from ten years to twenty years as set out above. It

superseded earlier provisions covering similar matter contained in

the first sentence of act Aug. 3, 1894.

The second paragraph of the section is from act Aug. 3, 1894,

which contained a further proviso that ''persons or corporations

now holding leases of ground in the park may, upon the surrender

thereof, be granted new leases hereunder, and upon the terms and

stipulations contained in their present leases, with such

modifications, restrictions, and reservations as the Secretary of

the Interior may prescribe'' which has been omitted as temporary

and executed.

A further provision that ''so much of that portion of the act of

March third, eighteen hundred and eighty-three, relating to the

Yellowstone Park as conflict with the act, be and the same is

hereby, repealed'' and the portion of the act March 3, 1883,

referred to in such provision, have been omitted from the Code, the

last named portion having been superseded by the Acts cited to

text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 33 of this title.

-CITE-

16 USC Sec. 33 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 33. Mortgages by lessees within the park

-STATUTE-

Any person, corporation, or company holding a lease within

Yellowstone Park for the purposes described in section 32 of this

title is authorized, with the approval of the Secretary of the

Interior, to execute mortgages upon his or its rights, properties,

and franchises, including his or its contract or contracts with the

Secretary of the Interior, and such mortgages, together with the

approval of the Secretary of the Interior may be filed for record

in the office of the Secretary of the Interior, and when so

recorded shall have all the effect of a public record. Any

mortgage, lien, or encumbrance created under the provisions of this

section shall be subject to the rights of the Government to compel

the enforcement of the terms of the lease or contract of the

mortgagor, and any purchaser under a foreclosure of such

encumbrance shall take subject to all the conditions assumed by the

original lessee or contractor.

-SOURCE-

(June 4, 1906, ch. 2570, 34 Stat. 207.)

-CITE-

16 USC Sec. 34 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 34. Road extensions

-STATUTE-

Road extensions and improvements shall be made in the Yellowstone

National Park under and in harmony with the general plan of roads

and improvements to be approved by the Secretary of the Interior.

-SOURCE-

(July 1, 1918, ch. 113, Sec. 1, 40 Stat. 678.)

-CITE-

16 USC Sec. 35 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 35. Private use of electricity from lighting and power plant

-STATUTE-

Private parties or companies doing business in the Yellowstone

National Park under authority from the Government may be permitted,

in the discretion of the Secretary of the Army, to use electricity

furnished by the electric lighting and power plant of Fort

Yellowstone and Mammoth Hot Springs at actual cost to the

Government for operation, maintenance, and depreciation of the

plant and 10 per centum additional, under such regulations as may

be prescribed by the Secretary of the Army.

-SOURCE-

(Mar. 3, 1903, ch. 1007, Sec. 1, 32 Stat. 1130; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-CITE-

16 USC Sec. 36 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 36. Disposition of surplus elk, buffalo, bear, beaver, and

predatory animals

-STATUTE-

The Secretary of the Interior is authorized, in his discretion

and under regulations to be prescribed by him, to give surplus elk,

buffalo, bear, beaver, and predatory animals inhabiting Yellowstone

National Park to Federal, State, county, and municipal authorities

for preserves, zoos, zoological gardens, and parks. He may sell or

otherwise dispose of the surplus buffalo of the Yellowstone

National Park herd, and all moneys received from the sale of any

such surplus buffalo shall be deposited in the Treasury of the

United States as miscellaneous receipts.

-SOURCE-

(Jan. 24, 1923, ch. 42, 42 Stat. 1214.)

-CITE-

16 USC Sec. 36a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 36a. Disposition of surplus elk

-STATUTE-

The Secretary of the Interior is authorized in his discretion,

and under regulations to be prescribed by him, to sell or otherwise

dispose of the surplus elk from the Yellowstone National Park herd,

and all moneys received from the sale of any such surplus elk shall

be deposited in the Treasury of the United States as miscellaneous

receipts.

-SOURCE-

(Mar. 4, 1929, ch. 707, 45 Stat. 1644.)

-CITE-

16 USC Sec. 37 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 37. Provision of feed and range facilities for game animals

-STATUTE-

As a means of providing within township 8 south, ranges 7 and 8

east, and township 9 south, ranges 7, 8, and 9 east, Montana

principal meridian, the winter range and winter feed facilities

indispensable for the adequate and proper protection, preservation,

and propagation of the elk, antelope, and other game animals of the

Yellowstone National Park and adjacent lands, the Secretary of the

Interior, in his discretion, and subject to the limitation

hereinafter prescribed may, and is, authorized to perform the

following acts:

(a) Accept and deposit in a special fund in the Treasury, and

expend for the acquisition of lands as herein authorized, private

funds donated for such purpose.

(b) Acquire by purchase, or by acceptance of donations or

bequests, such lands in private or State ownership within the

townships above described as he may deem necessary to carry out the

purpose of sections 37 to 40 of this title.

-SOURCE-

(May 26, 1926, ch. 399, Sec. 1, 44 Stat. 655.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 38, 39, 40 of this title.

-CITE-

16 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 38. Exchange for State or private lands authorized

-STATUTE-

The Secretary of Agriculture is authorized in his discretion to

accept, on behalf of the United States, title to any lands held in

private or State ownership within the townships described in

section 37 of this title, and in exchange therefor may patent not

to exceed an equal value of national forest land in the State of

Montana, surveyed and nonmineral in character, or the Secretary of

Agriculture may authorize the grantor to cut and remove not to

exceed an equal value of timber within the national forests of said

State, the values in each case to be determined by the Secretary of

Agriculture: Provided, That before any such exchange is effected,

notice of the contemplated exchange reciting the lands involved

shall be published once each week for four successive weeks in some

newspaper of general circulation in the county or counties in which

may be situated the lands to be accepted and in some like newspaper

published in any county in which may be situated any lands or

timber to be given in such exchange. Timber given in exchange

shall be cut and removed from national forests under the laws and

regulations relating to the national forests and under the

direction and supervision and in accordance with the requirements

of the Secretary of Agriculture.

-SOURCE-

(May 26, 1926, ch. 399, Sec. 2, 44 Stat. 655; Pub. L. 86-509, Sec.

1(f), June 11, 1960, 74 Stat. 205.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior under this section, with

respect to exchanges of lands held in private or State ownership

for national forest lands or timber in Montana, transferred to

Secretary of Agriculture, see Pub. L. 86-509, June 11, 1960, 74

Stat. 205, set out as a note under section 2201 of Title 7,

Agriculture.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 37, 39, 40 of this title.

-CITE-

16 USC Sec. 39 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 39. Reservation of timber, minerals, or easements by owners on

exchange

-STATUTE-

Reservations of timber, minerals, or easements, the values of

which shall be duly considered in determining the values of the

lands conveyed, may be made by the owner or owners thereof in lands

conveyed to the United States under the provisions of sections 37

to 40 of this title. Where such reservations are made, the right

to enjoy them shall be subject to such reasonable conditions

respecting ingress and egress and the use of the surface of the

land as may be deemed necessary by the Secretary of the Interior or

the Secretary of Agriculture, whichever may be responsible for the

handling and use of the land as provided in said sections:

Provided, That all property, rights, easements, and benefits

authorized by this section to be retained by or reserved to owners

of land conveyed to the United States shall be subject to the tax

laws of the States where such lands are located.

-SOURCE-

(May 26, 1926, ch. 399, Sec. 3, 44 Stat. 656.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 37, 40 of this title.

-CITE-

16 USC Sec. 40 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 40. Additions to park; entry under other acts

-STATUTE-

The President of the United States is authorized, in his

discretion, to add by Executive proclamation to Yellowstone

National Park any or all of the lands within a certain territory or

tract in township 9 south, ranges 7 and 8 east, Montana principal

meridian, to wit: Beginning at a point on the north line of said

Yellowstone National Park where said line crosses the divide

between Reese Creek and Mol Heron Creek, thence northeasterly along

said divide to the junction of said divide with the branch divide

north and west of Reese Creek; thence along said branch divide in a

northeasterly and easterly direction around the drainage of Reese

Creek, to the Yellowstone River; thence southerly and southeasterly

along the west bank of the Yellowstone River to the line marking

the western limits of the town of Gardiner, Montana; thence south

on said town limits line to the northern boundary of Yellowstone

National Park; thence west along the north boundary of Yellowstone

National Park to the point of beginning, which are unappropriated

lands of the United States or which may be acquired by the United

States under the provisions of sections 37 to 40 of this title,

within the territory described in this section, subject, however,

to all valid existing claims and to reservations such as are

authorized by section 39 of this title; but, with the exception of

valid existing claims, no land so added to Yellowstone National

Park shall be subject to entry under the mining laws of the United

States: Provided, That the Secretary of the Interior for such lands

as are added to Yellowstone National Park may provide by rules and

regulations for the management and use of the added lands as may in

his discretion be necessary to accomplish the purposes of sections

37 to 40 of this title: And provided further, That the lands of the

United States acquired by donation or purchase within the area

described in section 37 of this title shall not be subject to

location and entry under the mining laws of the United States nor

the Act of June 11, 1906, authorizing homestead entries in national

forests.

-SOURCE-

(May 26, 1926, ch. 399, Sec. 6, 44 Stat. 656.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws of the United States, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

Act of June 11, 1906, referred to in text, means act June 11,

1906, ch. 3074, 34 Stat. 233, which was classified to sections 506

to 508 and 509 of this title, and was repealed by Pub. L. 87-869,

Sec. 4, Oct. 23, 1962, 76 Stat. 1157.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 37, 39 of this title.

-CITE-

16 USC Sec. 40a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 40a. Educational facilities for dependents of employees;

payments to school districts; limitation on amount

-STATUTE-

Under such regulations as may be prescribed by the Secretary of

the Interior, payments may be made, as provided in sections 40a to

40c of this title, in advance or otherwise, from any revenues

received by the United States from visitors to Yellowstone National

Park, to the appropriate school district or districts serving that

park, as reimbursement for educational facilities (including, where

appropriate, transportation to and from school) furnished by the

said district or districts to pupils who are dependents of persons

engaged in the administration, operation, and maintenance of the

park, and living at or near the park upon real property of the

United States not subject to taxation by the State or local

agencies and upon which payments in lieu of taxes are not made by

the United States: Provided, That the payments for any school year

for the aforesaid purpose shall not exceed that part of the cost of

operating and maintaining such facilities which the number of

pupils, in average daily attendance during that year, bears to the

whole number of pupils in average daily attendance at those schools

for that year.

-SOURCE-

(June 4, 1948, ch. 417, Sec. 1, 62 Stat. 338.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40b, 40c of this title.

-CITE-

16 USC Sec. 40b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 40b. Cooperative agreements with States or local agencies;

expansion; Federal contributions

-STATUTE-

If in the opinion of the Secretary of the Interior, the aforesaid

educational facilities cannot be provided adequately and payment

made therefor on a pro rata basis, as prescribed in section 40a of

this title, the Secretary of the Interior, in his discretion, may

enter into cooperative agreements with States or local agencies for

(a) the operation of school facilities, (b) for the construction

and expansion of local facilities at Federal expense, and (c) for

contribution by the Federal Government, on an equitable basis

satisfactory to the Secretary, to cover the increased cost to local

agencies for providing the educational services required for the

purposes of sections 40a to 40c of this title.

-SOURCE-

(June 4, 1948, ch. 417, Sec. 2, 62 Stat. 339.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40a, 40c of this title.

-CITE-

16 USC Sec. 40c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER V - YELLOWSTONE NATIONAL PARK

-HEAD-

Sec. 40c. Creation of special fund; expenditure

-STATUTE-

For the purposes of sections 40a and 40b of this title, the

Secretary of the Treasury is authorized to maintain hereafter in a

special fund a sufficient portion of the park revenues, based upon

estimates to be submitted by the Secretary of the Interior, and to

expend the same upon certification by the Secretary of the

Interior.

-SOURCE-

(June 4, 1948, ch. 417, Sec. 3, 62 Stat. 339.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40a, 40b of this title.

-CITE-

16 USC SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL

PARKS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

.

-HEAD-

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-MISC1-

GENERAL GRANT NATIONAL PARK ABOLISHED

General Grant National Park was abolished and lands transferred

to Kings Canyon National Park, see section 80a of this title.

-CITE-

16 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 41. Sequoia National Park; establishment; boundaries;

trespassers

-STATUTE-

The tract of land in the State of California known and described

as township numbered 18 south, of range numbered 30 east, also

township 18 south, range 31 east; and sections 31, 32, 33, and 34,

township 17 south, range 30 east, all east of Mount Diablo

meridian, is reserved and withdrawn from settlement, occupancy, or

sale under the laws of the United States, and dedicated and set

apart as a public park, or pleasure ground, for the benefit and

enjoyment of the people; and all persons who shall locate or settle

upon, or occupy the same or any part thereof except as provided in

section 43 of this title, shall be considered trespassers and

removed therefrom.

-SOURCE-

(Sept. 25, 1890, ch. 926, Sec. 1, 26 Stat. 478.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 45f, 471d of this title.

-CITE-

16 USC Sec. 42 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 42. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act July 1, 1916, ch. 209, Sec. 1, 39 Stat. 308, related

to donations of lands or rights-of-way. For general provisions

relating to donations of lands, etc., see section 6 of this title.

-CITE-

16 USC Sec. 43 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 43. Sequoia National Park; rules and regulations; leases; fish

and game; trespassers

-STATUTE-

Sequoia National Park shall be under the exclusive control of the

Secretary of the Interior, whose duty it shall be to make and

publish such rules and regulations as he may deem necessary or

proper for the care and management of the same. Such regulations

shall provide for the preservation from injury of all timber,

mineral deposits, natural curiosities or wonders within said park,

and their retention in their natural condition. He may, in his

discretion, grant leases for building purposes for terms not

exceeding thirty years of small parcels of ground not exceeding

five acres, at such places in said park as shall require the

erection of buildings for the accommodation of visitors. He shall

provide against the wanton destruction of the fish and game found

within said park, and against their capture or destruction, for the

purposes of merchandise or profit. He shall also cause all persons

trespassing upon the same to be removed therefrom, and, generally,

shall be authorized to take all such measures as shall be necessary

or proper to fully carry out the objects and purposes of this

section and section 41 of this title.

-SOURCE-

(Sept. 25, 1890, ch. 926, Sec. 2, 26 Stat. 478; Aug. 25, 1916, ch.

408, Sec. 3, 39 Stat. 535; Pub. L. 85-434, May 29, 1958, 72 Stat.

152.)

-COD-

CODIFICATION

''Thirty years'' substituted for ''ten years'' in view of section

3 of act Aug. 25, 1916, and act May 29, 1958, which authorized the

Secretary to grant privileges, leases, and permits in the various

parks for periods not exceeding thirty years. See section 3 of

this title.

As originally enacted, this section contained a further provision

that ''all of the proceeds of said leases and other revenues that

may be derived from any source connected with said park to be

expended under his (Secretary of the Interior) direction in the

management of the same and the construction of roads and paths

therein''. This provision was superseded by section 452 of this

title providing for the disposition of all revenues from the

national parks.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41, 45f of this title.

-CITE-

16 USC Sec. 44, 45 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 44, 45. Transferred

-COD-

CODIFICATION

Section 44, act Oct. 1, 1890, ch. 1263, Sec. 1, 26 Stat. 650,

which related to lands in California set aside as reserved forest

lands, was transferred to section 471c of this title.

Section 45, act Oct. 1, 1890, ch. 1263, Sec. 3, 26 Stat. 651,

which related to additional forest reserves in California, was

transferred to section 471d of this title.

-CITE-

16 USC Sec. 45a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45a. Sequoia National Park; revision of boundaries

-STATUTE-

The boundaries of the Sequoia National Park, California, are

changed as follows:

Beginning at the southwest corner of the present boundary of

Sequoia National Park, being the southwest corner of township 18

south, range 30 east of the Mount Diablo base and meridian,

California, thence easterly along the present south boundary of

Sequoia National Park to its intersection with the hydrographic

divide between the headwaters of South Fort (FOOTNOTE 1) Kaweah

River and the headwaters of that branch of Little Kern River known

as Pecks Canyon; thence southerly and easterly along the crest of

the hydrographic divide between Pecks Canyon and Soda Creek to its

intersection with a lateral divide at approximately the east line

of section 2, township 19 south, range 31 east; thence

northeasterly along said lateral divide to its intersection with

the township line near the southeast corner of township 18 south,

range 31 east of the Mount Diablo base and meridian; thence north

approximately thirty-five degrees west to the summit of the butte

next north of Soda Creek (United States Geological Survey altitude

eight thousand eight hundred and eighty-eight feet); thence

northerly and northwesterly along the crest of the hydrographic

divide to a junction with the crest of the main hydrographic divide

between the headwaters of the South Fork of the Kaweah River and

the headwaters of Little Kern River; thence northerly along said

divide now between Horse and Cow Creeks and the headwaters of East

Fork Kaweah River to its intersection with the present east

boundary of Sequoia National Park, approximately at Tar Gap, being

the east line of township 17 south, range 30 east; thence northerly

along said line to its intersection with the main hydrographic

divide north of East Fork Kaweah River; thence easterly following

said divide, passing through Timber Gap to the summit of Sawtooth

Peak; thence southeasterly along the crest of the Great Western

Divide to the summit of Coyote Peaks (United States Geological

Survey bench mark, altitude ten thousand nine hundred and nineteen

feet); thence northeasterly following the main hydrographic divide

south of Coyote Creek to the junction of Coyote Creek and Kern

River; thence due east across Kern River to the east bank; thence

following said east bank of Kern River northerly to the junction of

Golden Trout Creek and Kern River; thence northeasterly following

the main hydrographic divide north of Golden Trout Creek, and

between the headwaters of Golden Trout Creek and Rock Creek to a

junction with the main crest of the Sierra Nevada, northwest of

Cirque Peak; thence northerly and westerly along said main crest of

the Sierra Nevada to Junction Peak (United States Geological Survey

bench mark thirteen thousand nine hundred and three feet); thence

westerly along the crest of the Kings-Kern Divide to a junction

with the crest of the Great Western Divide at Thunder Mountain

(United States Geological Survey bench mark thirteen thousand five

hundred and seventy-eight feet); thence southwesterly along the

crest of the Great Western Divide to Triple Divide Peak (United

States Geological Survey altitude twelve thousand six hundred and

fifty-one feet); thence westerly and northwesterly along the crest

of the hydrographic divide between the headwaters of Roaring River

and the headwaters of the Middle and Marble Forks of the Kaweah

River to Kettle Peak (United States Geological Survey altitude ten

thousand and thirty-eight feet); thence westerly and southwesterly

along the crest of the main hydrographic divide next north of

Clover Creek and Dorst Creek to the Junction of Stony Creek and

Dorst Creek; thence following the west bank of the North Fork

Kaweah River to its junction with Cactus Creek; thence easterly

along the first hydrographic divide south of Cactus Creek to its

intersection with the present west boundary of Sequoia National

Park, being the west line of township 16 south, range 29 east;

thence southerly along said west boundary to the southwest corner

of said township; thence easterly along the present boundary of

Sequoia National Park, being the north line of township 17 south,

range 29 east, to the northeast corner of said township; thence

southerly along the present boundary of Sequoia National Park,

being the west lines of townships 17 and 18 south, range 30 east,

to the place of beginning; and all of those lands lying within the

boundary line above described are included in and made a part of

the Roosevelt-Sequoia National Park; and all of those lands

excluded from the present Sequoia National Park are included in and

made a part of the Sequoia National Forest, subject to all laws and

regulations applicable to the national forests.

(FOOTNOTE 1) So in original. Probably should be ''Fork''.

-SOURCE-

(July 3, 1926, ch. 744, Sec. 1, 44 Stat. 818.)

-MISC1-

EXCLUSION AND ADDITION OF LANDS

Certain lands excluded from Kings Canyon National Park and added

to Sequoia National Forest, see section 80a-1 of this title.

Certain lands excluded from Sequoia National Forest and added to

Kings Canyon National Park, see section 80a-2 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45e of this title.

-CITE-

16 USC Sec. 45a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45a-1. Addition of lands authorized

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to accept title to lands and interests in lands near the entrance

to the Sequoia National Park, subject to existing easements for

public highways and public utilities, within the following

described tracts:

Tract A. A portion of tract 37, township 17 south, range 29 east,

Mount Diablo meridian, Tulare County, California, comprising

approximately two acres.

Tract B. A portion of the east half of the northeast quarter of

section 4, township 17 south, range 29 east, Mount Diablo meridian,

Tulare County, California, comprising approximately thirty-eight

acres.

Tract C. A portion of the south half of tract 37, township 17

south, range 29 east, Mount Diablo meridian, Tulare County,

California, comprising approximately sixty one-hundredths acre.

The owners of the lands to be conveyed to the United States,

before any exchange is effective, shall furnish to the Secretary of

the Interior evidence satisfactory to him of title to such lands.

Such property shall become a part of the Sequoia National Park upon

the acceptance of title thereto by the Secretary, and shall

thereafter be subject to all laws and regulations applicable to the

park.

-SOURCE-

(Dec. 21, 1943, ch. 372, Sec. 1, 57 Stat. 606.)

-MISC1-

ELECTRIC POWER DEVELOPMENT PERMITS

Pub. L. 99-338, June 19, 1986, 100 Stat. 641, as amended by Pub.

L. 103-437, Sec. 6(d)(4), Nov. 2, 1994, 108 Stat. 4583, provided:

''That the Secretary of the Interior is hereby authorized to issue

a permit for ten years, and may issue not more than one renewal of

equivalent duration, for portions of an existing hydroelectric

project, known as the Kaweah Project of Southern California Edison

Company, to continue to occupy and use lands of the United States

within Sequoia National Park as necessary for continued operation

and maintenance.

''Sec. 2. The Secretary shall not execute any permit renewal

prior to one hundred and twenty calendar days from the date the

same is submitted to the Committee on Energy and Natural Resources

of the United States Senate and to the Committee on Natural

Resources (now Committee on Resources) of the United States House

of Representatives.

''Sec. 3. The permit shall contain a provision prohibiting

expansion of the Kaweah Project in Sequoia National Park and shall

also contain such other terms and conditions as the Secretary of

the Interior shall deem necessary and proper for the management and

care of Sequoia National Park and the purposes for which it was

established.''

Pub. L. 93-522, Dec. 14, 1974, 88 Stat. 1660, as amended by Pub.

L. 95-625, title III, Sec. 314(d)(3), Nov. 10, 1978, 92 Stat. 3482,

authorized Secretary of the Interior to issue a permit to occupy

and use lands of United States within Sequoia National Park

necessary for continued operation, maintenance, and use of

hydroelectric project known as the Kaweah Number 3 project of

Southern California Edison Company, provided that in no event could

the term of such permit extend for any period in excess of ten

years following the date of its issuance, unless specifically

authorized by law, provided for terms and conditions of permit,

required report on impact of hydroelectric project, and provided

for applicability of the Act.

Pub. L. 88-47, June 21, 1963, 77 Stat. 70, authorized Secretary

of the Interior to issue a permit to use and occupy United States

lands within Sequoia National Park necessary for continued

operation, maintenance, and use of the Kaweah number 3

hydroelectric project of Southern California Edison Company, which

by its terms was to provide that any privileges granted thereunder

were to be exercised in accord with Federal Power Act (16 U.S.C.

791a et seq.) and rules and regulations promulgated thereunder, and

which was to expire no later than Aug. 6, 1974.

Section 3 of act Dec. 21, 1943, provided as follows: ''Nothing in

this Act (sections 45a-1 and 45a-2 of this title) shall be

construed to alter or affect in any manner the provisions, or

extend the term, of the permit heretofore granted to the Southern

California Edison Company and predecessors thereof for the use of

lands in the Sequoia National Park for electric power development

purposes, or to relieve the company of any financial or other

obligation under said permit, or under agreements or orders

relating or supplementary thereto.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45a-2 of this title.

-CITE-

16 USC Sec. 45a-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45a-2. Exchange of certain lands for lands conveyed to United

States

-STATUTE-

In exchange for the conveyance to the United States of tract A,

as provided in section 45a-1 of this title, the Secretary is

authorized, in his discretion, to patent to the owner of tract A,

subject to such terms and conditions as the Secretary may deem

necessary, certain lands of approximately equal value described as

follows:

Tract D. A portion of the southeast quarter of section 33,

township 16 south, range 29 east, Mount Diablo meridian, Tulare

County, California, comprising approximately two and fifty

one-hundredths acres.

In exchange for the conveyance to the United States of tracts B

and C, as provided in section 45a-1 of this title, the Secretary is

authorized to patent, in a similar manner, to the owner of tracts B

and C certain lands of approximately equal value described as

follows:

Tract E. The southwest quarter of the northwest quarter of

section 4, which shall be subject to section 818 of this title; the

south half of the northeast quarter of section 5; and approximately

sixty-eight acres of the north half of the southeast quarter of

section 5, which shall not include the surveyed two-hundred-foot

strip as shown on map ''D'' of exhibit ''K'', entitled ''Detailed

Map of Kaweah Project of the Southern California Edison Company,

Ltd.'', and filed in the office of the Federal Power Commission on

December 12, 1923; all of said lands in tract E being situated in

township 17 south, range 29 east, Mount Diablo meridian, comprising

approximately one hundred and eighty-eight acres.

-SOURCE-

(Dec. 21, 1943, ch. 372, Sec. 2, 57 Stat. 606.)

-CITE-

16 USC Sec. 45a-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45a-3. Repealed. Pub. L. 95-625, title III, Sec. 314(g), Nov.

10, 1978, 92 Stat. 3483

-MISC1-

Section, Pub. L. 85-648, Aug. 14, 1958, 72 Stat. 604, authorized

addition of certain lands to the Sequoia National Game Refuge and

exclusion of such lands from the Sequoia National Park. See section

45f(b)(2) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on transfer of abolished Sequoia National Game

Refuge by Secretary of Agriculture to administrative jurisdiction

of the Secretary of the Interior under section 45f(b)(2) of this

title, see section 314(g) of Pub. L. 95-625, set out as an

Effective Date of Repeal note under section 688 of this title.

-CITE-

16 USC Sec. 45b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45b. Rules and regulations; leases; fish and game

-STATUTE-

The said park shall be under the exclusive control of the

Secretary of the Interior, whose duty it shall be, as soon as

practicable, to make and publish such reasonable rules and

regulations, not inconsistent with the laws of the United States,

as he may deem necessary or proper for the care, protection,

management, and improvement of the same, such regulations being

primarily aimed at the freest use of said park for recreation

purposes by the public and for the preservation from injury or

spoliation of all timber, natural curiosities, or wonders within

said park and their retention in their natural condition as far as

practicable, and for the preservation of said park in a state of

nature so far as is consistent with the purposes of this Act. Such

rules and regulations shall permit the taking of fish by hook and

line from the streams or lakes in said park, but at such seasons,

during such times, and in such manner as may be directed by the

Secretary of the Interior. Such rules and regulations, however,

shall provide against the destruction of the wild life within said

park, and the Secretary of the Interior is authorized to take all

such measures as shall be necessary to fully carry out the objects

and purposes of this Act. Said Secretary may, in his discretion,

execute leases to parcels of ground not exceeding ten acres in

extent at any one place to any one person or persons or company for

not to exceed twenty years, when such ground is necessary for the

erection of buildings for the accommodation of visitors. Such

leases or privileges may be renewed or extended at the expiration

of the terms thereof: Provided, That existing leases from the

Department of Agriculture may be continued, in the discretion of

the Secretary of the Interior, for so long as such extension is not

detrimental to the public purposes for which the park is created.

-SOURCE-

(July 3, 1926, ch. 744, Sec. 2, 44 Stat. 820.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act July 3, 1926, which is

classified to sections 45a, 45b to 45e, and 688 of this title. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45e of this title.

-CITE-

16 USC Sec. 45c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45c. Prior claims, locations, and entries; permits for use of

natural resources

-STATUTE-

Nothing herein contained shall affect any valid existing claim,

location, or entry established prior to July 3, 1926, under the

land laws of the United States, whether for homestead, mineral,

right-of-way, or any other purpose whatsoever, or shall affect the

rights of any such claimant, locator, or entryman to the full use

and enjoyment of his land: Provided, That under rules and

regulations to be prescribed by him the Secretary of the Interior

may issue permits to any bona fide claimant, entryman, landowner,

or lessee of land within the boundaries herein established to

secure timber for use on and for the improvement of his land; and

he shall also have authority to issue, under rules and regulations

to be prescribed by him, grazing permits and authorize the grazing

of livestock on the lands within said park at fees not to exceed

those charged by the Forest Service on adjacent areas, so long as

such timber cutting and grazing are not detrimental to the primary

purpose for which such park is created: Provided, That no permit,

license, lease, or authorization for dams, conduits, reservoirs,

power houses, transmission lines, or other works for storage or

carriage of water, or for the development, transmission, or

utilization of power within the limits of said park as constituted

by said sections, shall be granted or made without specific

authority of Congress.

-SOURCE-

(July 3, 1926, ch. 744, Sec. 3, 44 Stat. 820.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, means act July 3, 1926, which is

classified to sections 45a, 45b to 45e, and 688 of this title. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45e of this title.

-CITE-

16 USC Sec. 45d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45d. Exclusive privileges within park prohibited

-STATUTE-

No exclusive privilege shall be granted within said park, or on

or over the roads and trails therein, except upon ground leased for

the erection of buildings or camps thereon.

-SOURCE-

(July 3, 1926, ch. 744, Sec. 4, 44 Stat. 820.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45e of this title.

-CITE-

16 USC Sec. 45e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45e. Violations of park regulations; penalty

-STATUTE-

Any person found guilty of violating any of the provisions of

this Act or any rule or regulation that may be promulgated by the

Secretary of the Interior with reference to the management and care

of the park, or for the protection of the property therein, for the

preservation from injury or spoliation of timber, natural

curiosities, or other objects within said park, or for the

protection of the animals, birds, and fish in said park, shall be

deemed guilty of a misdemeanor, and shall be subjected to a fine of

not more than $500 or imprisonment not exceeding six months or

both.

-SOURCE-

(July 3, 1926, ch. 744, Sec. 5, 44 Stat. 820.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act July 3, 1926, which is

classified to sections 45a, 45b to 45e, and 688 of this title. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45b of this title.

-CITE-

16 USC Sec. 45f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45f. Mineral King Valley addition authorized

-STATUTE-

(a) Statement of purpose

It is the purpose of this section to -

(1) assure the preservation for this and future generations of

the outstanding natural and scenic features of the area commonly

known as the Mineral King Valley and previously designated as the

Sequoia National Game Refuge; and

(2) enhance the ecological values and public enjoyment of such

area by adding such area to the Sequoia National Park.

(b) Drawing copy, availability; boundary revisions: notification of

Congressional committees, publication in Federal Register;

abolition and transfer of Sequoia National Game Refuge to

administrative jurisdiction of Secretary

(1) In order to add to the Sequoia National Park (hereinafter in

this section referred to as the ''park'') a certain area known as

Mineral King Valley possessing unique natural and scenic values,

there is hereby established as part of such park all lands, waters,

and interests therein, constituting approximately sixteen thousand

two hundred acres designated before November 10, 1978, as the

Sequoia National Game Refuge and as depicted on the drawing

entitled ''Boundary Map, Sequoia-Kings Canyon National Park'',

numbered 102-90,000 and dated April 1975. A copy of such drawing

shall be on file and available for public inspection in the office

of the Director, National Park Service, Department of the Interior.

After advising the Committee on Natural Resources of the United

States House of Representatives and the Committee on Energy and

Natural Resources of the United States Senate in writing, the

Secretary is authorized to make minor revisions of the boundaries

of the park when necessary by publication of a revised drawing or

other boundary description in the Federal Register.

(2) The Sequoia National Game Refuge is hereby abolished and the

Secretary of Agriculture shall transfer, without consideration, to

the administrative jurisdiction of the Secretary, the area

constituting such refuge, and any unexpended funds available for

purposes of management of the refuge shall be available for

purposes of management of the park.

(c) Acquisition of property; place and manner; owner's right of use

and occupancy for fixed term of years or life; election of

term; fair market value; termination; notification;

incompatible commercial uses; unitary parcels; access road,

right-of-way, and protective measures; hardship sale offers;

limitation of authority; State donated lands; report to

Congressional committees

(1) Within the boundaries of the area added to the park pursuant

to this section, the Secretary may acquire lands and interests in

lands by donation, purchase with donated or appropriated funds,

exchange, or transfer from other Federal departments or agencies.

(2) Where the private use of any property acquired pursuant to

this subsection would, in the judgment of the Secretary, be

compatible with the purposes of this section, the Secretary may, as

a condition of such acquisition, permit the owner or owners of such

property to retain for themselves and their successors or assigns

rights of use and occupancy. Such rights of use and occupancy

shall be for not more than twenty-five years or for a term ending

at the death of the owner or his or her spouse, whichever is

later. The owner shall reserve such rights and elect the term to

be reserved on the date of acquisition of the property. Except for

so much of the property as is donated, the Secretary shall pay to

the owner the fair market value of the property on the date of its

acquisition, less the fair market value on that date of the right

retained by the owner.

(3) A right of use and occupancy retained pursuant to paragraph

(2) may be terminated by the Secretary upon his determination that

the property or any portion thereof is being used in a manner which

is incompatible with the purposes of this section. Such right

shall terminate by operation of law upon notification by the

Secretary to the holder of the right of such determination and

tendering to him the amount equal to the fair market value of that

portion which remains unexpired as of the date of such tender. In

the case of any property which was used for noncommercial purposes

during the ten calendar years immediately preceding November 10,

1978, the commercial use of such property subsequent to November

10, 1978, shall be treated as incompatible with the purposes of

this section. In the case of any property which was used for

commercial purposes at any time during the ten calendar years

immediately preceding November 10, 1978, any substantial change or

expansion of such commercial use subsequent to November 10, 1978,

without the express approval of the Secretary shall be treated as

incompatible with such purposes.

(4) In exercising his authority to acquire property under this

section, the Secretary shall give prompt and careful consideration

to any offer made by an individual owning property within the park

to sell such property if such individual notifies the Secretary

that the continued ownership of such property is causing, or would

result in, undue hardship. Nothing in this section, or in any

other provision of law, shall prevent the Secretary from exercising

his authority to acquire property referred to in this subsection at

any time after November 10, 1978.

(5) If any individual tract or parcel of land acquired is partly

inside and partly outside the boundaries of the park the Secretary

may, in order to minimize the payment of severance damages, acquire

the whole of the tract or parcel.

(6) If the management plan prepared under subsection (e) of this

section provides for improved access to the area added to the park

under this section, the Secretary is authorized to acquire, by

donation, purchase with donated or appropriated funds, exchange or

transfer from other Federal departments or agencies, the area

comprising the road from State Route 198 to, and within, the

Mineral King Valley together with a right-of-way for such road of a

width sufficient to include improvements to the road and all

bridges, ditches, cuts, and fills appurtenant thereto, but not

exceeding a maximum average width of two hundred feet. Property

acquired from the State or any political subdivision thereof may be

acquired by donation only. With regard to routes of access to and

within the Mineral King Valley, the Secretary shall take such

measures as are necessary to protect against the effects of

siltation on the ecosystem of the park.

(7) The Secretary shall report to the committees of the Congress

named in subsection (b)(1) of this section the action taken by him

pursuant to this subsection. Such report shall contain information

sufficient to inform such committees of -

(A) the acquisitions made by him pursuant to this subsection

during the period covered by such report;

(B) his reasons why all of such property authorized to be

acquired and not so acquired as of the date of such report, if

any, have not been acquired; and

(C) his schedule of a timetable for the acquisition of such

property referred to in subparagraph (B).

Such report shall be submitted before the expiration of the second

fiscal year beginning after the date on which the comprehensive

management plan is submitted to the committees of Congress pursuant

to subsection (e) of this section.

(d) Administration; statutory authorities applicable; leases or

permits: renewals or extensions, review; termination

(1) The area added to the park by this section shall be

administered in accordance with this section and the provisions of

law generally applicable to units of the National Park System

including sections 1, 2, 3, 4, 41, and 43 of this title. Any other

statutory authority available to the Secretary for the conservation

and management of wildlife, wildlife habitat, and natural resources

may be utilized to the extent he finds such authority will further

the purposes of this section.

(2)(A) Except in the case of a lease or permit which the

Secretary determines to be incompatible with the administration of

the park pursuant to this section, any lease or permit on Federal

land within the area added to the park under this section which is

in effect immediately before November 10, 1978, shall continue in

effect pursuant to its terms and conditions following the expansion

of the park under this section.

(B) In the case of a lease or permit which is continued under

subparagraph (A), upon notice to the Secretary by the lessee or

permittee of his intention to seek renewal or extension of such

lease or permit, the lease or permit shall be reviewed by the

Secretary, and may be renewed or extended for an additional period

of five years. Any such lease or permit shall be reviewed at the

end of such renewal or extension period and may also be renewed or

extended in the same manner for additional five-year periods

thereafter. Any renewals or extensions of leases or permits shall

be granted only to those persons who were lessees or permittees of

record on November 10, 1978, and any such lease or permit shall

provide that the lease or permit may be terminated by the Secretary

at any time if the Secretary determines that such lease or permit

is incompatible with the administration of the park pursuant to

this section or that the land is needed for park purposes.

(3) Omitted

(e) Comprehensive management plan; submission to Congressional

committees; preparation considerations; public participation;

advance notice: publication in newspapers and Federal Register,

other communication; cooperation; consultation

(1) Within two years from November 10, 1978, the Secretary, in

cooperation with the State of California, shall develop and submit

to the Committee on Interior and Insular Affairs of the United

States House of Representatives and the Committee on Energy and

Natural Resources of the United States Senate, a comprehensive

management plan for the area added to the park under this section.

In the preparation of such plan, the Secretary shall give

appropriate consideration to the need for the development of

additional recreational opportunities and other public uses which

are consistent with sound environmental management of the area and

the policies of the National Park Service.

(2)(A) In preparing the comprehensive management plan required by

this subsection and in preparing any subsequent revision of such

plan, the Secretary shall provide for full public participation and

shall consider the comments and views of all interested agencies,

organizations, and individuals.

(B) For purposes of insuring such full public participation, the

Secretary shall provide reasonable advance notice to State and

local governments, interested Federal agencies, private

organizations, and the general public of hearings, workshops,

meetings, and other opportunities available for such

participation. Such notice shall be published in newspapers of

general circulation in the localities affected by the development

and management of the park, published in the Federal Register, and

communicated by other appropriate means. The Western Regional

Advisory Committee of the National Park Service (or a subcommittee

thereof) shall also be utilized for purposes of facilitating public

involvement.

(C) The Secretaries or Directors of all Federal departments,

agencies, and commissions having a relevant expertise are hereby

authorized and directed to cooperate with the Secretary in his

development of such plan and to make such studies as the Secretary

may request on a cost reimbursable basis.

(D) In preparing the comprehensive management plan required by

this subsection, the Secretary shall consider technical information

and other pertinent data assembled or produced by field studies or

investigations conducted separately or jointly by the technical and

administrative personnel of the Federal and State agencies involved

in order to insure the permanent conservation of wildlife within

the area added to the park by this section. Except in emergencies,

rules and regulations pertaining to the management of wildlife

within the area added to the park by this section shall be put into

effect only after consultation with the State of California.

(f) Authorization of appropriations

There are hereby authorized to be appropriated such sums as may

be necessary for the acquisition of land and interests therein

described in this section.

(g) Omitted

(h) Skiing prohibition

The Congress recognizes that the Mineral King Valley area has

outstanding potential for certain year-round recreational

opportunities, but the development of permanent facilities for

downhill skiing within the area would be inconsistent with the

preservation and enhancement of its ecological values.

-SOURCE-

(Pub. L. 95-625, title III, Sec. 314, Nov. 10, 1978, 92 Stat. 3479;

Pub. L. 103-437, Sec. 6(d)(5), Nov. 2, 1994, 108 Stat. 4583.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in text, other than as appearing with a

reference to a subsection of this section, means section 314 of

Pub. L. 95-625, which in addition to enacting this section,

repealed sections 45a-3 and 688 of this title, enacted provisions

set out as a note under section 688 of this title, and amended

provisions set out as a note under section 45a-1 of this title.

-COD-

CODIFICATION

Section is comprised of section 314 of Pub. L. 95-625. Subsec.

(d)(3) of section 314 of Pub. L. 95-625 amended Pub. L. 93-522,

which is set out as a note under section 45a-1 of this title.

Subsec. (g) of section 314 of Pub. L. 95-625 repealed sections

45a-3 and 688 of this title and enacted provisions set out as notes

under section 688 of this title.

-MISC3-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CROSS-

''SECRETARY'' DEFINED

Secretary means the Secretary of the Interior, see section 2 of

Pub. L. 95-625, set out as a note under section 2503 of this title.

-CITE-

16 USC Sec. 45g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 45g. Addition to Sequoia National Park

-STATUTE-

(a) In general

As soon as practicable after December 28, 2000, the Secretary of

the Interior shall acquire by donation, purchase with donated or

appropriated funds, or exchange, all interest in and to the land

described in subsection (b) of this section for addition to Sequoia

National Park, California.

(b) Land acquired

The land referred to in subsection (a) of this section is the

land depicted on the map entitled ''Dillonwood'', numbered

102/80,044, and dated September 1999.

(c) Addition to park

Upon acquisition of the land under subsection (a) of this section

-

(1) the Secretary of the Interior shall -

(A) modify the boundaries of Sequoia National Park to include

the land within the park; and

(B) administer the land as part of Sequoia National Park in

accordance with all applicable laws; and

(2) the Secretary of Agriculture shall modify the boundaries of

the Sequoia National Forest to exclude the land from the forest

boundaries.

-SOURCE-

(Pub. L. 106-574, Sec. 1, Dec. 28, 2000, 114 Stat. 3062.)

-CITE-

16 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 46. Yosemite National Park; lands segregated from and included

in Sierra National Forest; rights-of-way over

-STATUTE-

All those tracts or parcels of ground described in section 471c

of this title, but not included within the metes and bounds of the

land hereinafter described are included and made a part of the

Sierra National Forest, namely: The tracts of land in the State of

California known and described as follows: Beginning at the point

where the middle of the channel of the South Fork of the Merced

River intersects the line between sections 3 and 4, township 4

south, range 20 east, Mount Diablo base and meridian; thence

northerly along section lines through the middle of townships 3 and

4 south, range 20 east, to the northwest corner of section 3,

township 3 south, range 20 east; thence westerly along township

line to the southwest corner of section 33, township 2 south, range

20 east; thence northerly along section lines to the northwest

corner of section 21, said township; thence westerly along section

lines to the southwest corner of section 18, said township; thence

southerly along range line to the southeast corner of the northeast

quarter of section 24, township 2 south, range 19 east; thence

westerly to the southwest corner of the northeast quarter of

section 24, said township; thence southerly to the southeast corner

of the southwest quarter of section 24, said township; thence

westerly along section lines to the southwest corner of section 23,

said township; thence northerly along section lines to the

northwest corner of the southwest quarter of section 14, said

township; thence easterly to the northeast corner of the southeast

quarter of section 14, said township; thence northerly along

section line to the northwest corner of section 13, said township;

thence easterly along section line to the northeast corner of

section 13, said township; thence northerly along range line to the

northwest corner of the southwest quarter of section 7, township 2,

south, range 20 east; thence easterly to the northeast corner of

the southeast quarter of section 7, said township; thence southerly

along section line to the northwest corner of section 17, said

township; thence easterly along section lines to the northeast

corner of section 16, said township; thence northerly along section

lines to the northwest corner of section 3, said township; thence

westerly along township line to the southwest corner of section 33,

township 1 south, range 20 east; thence northerly along section

lines to the northwest corner of section 21, said township; thence

westerly along section lines to the southwest corner of section 18,

said township; thence northerly along range line to the northwest

corner of section 6, said township; thence westerly along Mount

Diablo base line to the southwest corner of section 34, township 1

north, range 19 east; thence northerly along section lines through

the middle of townships 1 and 2 north, range 19 east, to the point

of intersection with the summit of the divide between Cherry Creek

on the west and Eleanor and Fall Creeks on the east; thence along

the summit of said divide in a northeasterly direction to the

summit of the Sierra Nevada Mountains; thence southeasterly along

the summit of the Sierra Nevada Mountains to the divide between the

Merced and San Joaquin Rivers; thence southwesterly along said

divide to the point of intersection with the south boundary of

township 4 south, range 23 east, Mount Diablo base and meridian;

thence westerly along township line to the point of intersection

with the middle of the channel of the South Fork of the Merced

River; thence westerly down the middle of said river to the place

of beginning. The lands above described are reserved and withdrawn

from settlement, occupancy, or sale under the laws of the United

States, and set apart as reserved forest lands, subject to all the

provisions of sections 55, 61, 471c and 471d of this title. The

Secretary of the Interior may require the payment of such price as

he may deem proper for privileges on the land herein segregated

from the Yosemite National Park and made a part of the Sierra

National Forest accorded under section 79 of this title, relating

to rights of way over certain parks, reservations, and other lands,

and other acts concerning rights of way over public lands; and the

moneys received from the privileges accorded on the lands herein

segregated and included in the Sierra National Forest shall be paid

into the Treasury of the United States as provided by law. The

forest lands herein set aside and reserved shall be known as the

''Yosemite National Park.''

-SOURCE-

(Feb. 7, 1905, ch. 547, Sec. 1, 33 Stat. 702; Mar. 4, 1907, ch.

2907, 34 Stat. 1279.)

-REFTEXT-

REFERENCES IN TEXT

Section 79 of this title, referred to in text, was in the

original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.

For further details, see Codification note set out under section 79

of this title.

-COD-

CODIFICATION

''Sierra National Forest'' substituted in text for ''Sierra

Forest Reserve'' on authority of act Mar. 4, 1907, ch. 2907, 34

Stat. 1269, which provided that forest reserves shall hereafter be

known as national forests.

-MISC3-

ADDITIONS TO YOSEMITE NATIONAL PARK

The following provisions authorized the addition of lands to

Yosemite National Park:

Pub. L. 98-425, title I, Sec. 105(a)(2), (d), Sept. 28, 1984, 98

Stat. 1626.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 48, 49 of this title.

-CITE-

16 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47. Additional lands excluded from Yosemite National Park and

added to Sierra National Forest

-STATUTE-

That portion of the Yosemite National Park lying between the

boundary line described in section 46 of this title and the line

next herein described is excluded from said park and the said

portion so described added to and made a part of the Sierra

National Forest, to wit: Beginning at the point on the line between

sections 35 and 36, township 4 south, range 21 east, where same

intersects the middle of the channel of the South Fork of the

Merced River; thence north on section line to the southwest corner

of section 25; thence west on section lines to the southwest corner

of section 28; thence north on section line to the northwest corner

of section 28; thence west on section line to the quarter-section

corner between sections 20 and 29; thence north through the middle

of section 20 to the center thereof; thence east through the middle

of section 20 to the quarter-section corner between sections 20 and

21; thence north on section line to the quarter-section corner

between sections 16 and 17; thence west through middle of section

17 to the center thereof; thence north through the middle of

sections 17, 8, and 5 to the quarter-section corner of north

boundary of section 5 on township boundary, all in township 4

south, range 21 east; thence north through the middle of section

32, township 3 south, range 21 east, to the center thereof; thence

west through the middle of section 32, said township, and section

36, township 3 south, range 20 east, to the quarter-section corner

between sections 35 and 36; thence north on section line to the

quarter-section corner between sections 25 and 26; thence east

through the middle of section 25 to the center thereof; thence

north through the middle of sections 25 and 24 to the center of

section 24; thence west through the middle of sections 24, 23, and

22 to the quarter-section corner between sections 21 and 22,

township 3 south, range 20 east, on the present western boundary of

the Yosemite National Park. The above-indicated portion of land so

made a part of the Sierra National Forest shall be subject to all

of the Acts of Congress with relation thereto. The Secretary of

the Interior may require the payment of such price as he may deem

proper for privileges on the land herein segregated from the

Yosemite National Park and made a part of the Sierra National

Forest accorded under section 79 of this title, relating to

rights-of-way over certain parks, reservations, and other lands,

and other sections concerning right-of-way over public lands. In

the grant of any right-of-way for railway purposes across the lands

placed under this measure within the Sierra National Forest it

shall be stipulated that no logs or timber shall be hauled over the

same without the consent of the Secretary of the Interior and under

regulations to be promulgated by him.

-SOURCE-

(June 11, 1906, No. 27, Sec. 1, 34 Stat. 831; Mar. 4, 1907, ch.

2907, 34 Stat. 1269.)

-REFTEXT-

REFERENCES IN TEXT

Section 79 of this title, referred to in text, was in the

original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.

For further details, see Codification note set out under section 79

of this title.

-COD-

CODIFICATION

Section is derived from the second paragraph of section 1 of the

Resolution of June 11, 1906. The second paragraph, aforesaid,

originally began with the following words omitted here ''The south

and west boundary lines of the Yosemite National Park are hereby

changed as follows:'' The first portion of this section before the

colon was derived from a later portion of the original section

reading as follows: ''And all that portion of the Yosemite National

Park lying between the boundary line last above mentioned and the

present boundary line of said national park is excluded from said

park; and the said lands so excluded, and all thereof, are added to

and made a part of the Sierra Forest Reserve, and shall hereafter

form a part of said Sierra Forest Reserve, and shall be subject to

all of the Acts of Congress with relation thereto:'' The words of

the first sentence of this section ''described in section 46 of

this title'' replace the words ''present boundary line''

hereinbefore quoted.

For the first paragraph of the Resolution of June 11, 1906, see

section 48 of this title.

''Sierra National Forest'' substituted in text for ''Sierra

Forest Reserve'' on authority of act Mar. 4, 1907, ch. 2907, 34

Stat. 1269, which provided that forest reserves shall hereafter be

known as national forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 49 of this title.

-CITE-

16 USC Sec. 47-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47-1. Administrative site for Yosemite National Park

-STATUTE-

(a) Establishment of site

To enable the Secretary of the Interior to preserve the

extraordinary natural qualities of Yosemite National Park,

notwithstanding its increasing use by the public, the Secretary is

hereby authorized to provide in the manner hereinafter set forth an

administrative site in the El Portal area adjacent to Yosemite

National Park, in order that utilities, facilities, and services

required in the operation and administration of Yosemite National

Park may be located on such site outside the park.

(b) Acquisition of land

For said site the Secretary of the Interior is authorized to

acquire by purchase or donation, or with donated funds,

approximately twelve hundred acres, as shown on map numbered

NP-YOS-7011, of non-Federal land, interests in land, and

appurtenances thereto, and, to avoid severing parcels in private

ownership which extend beyond the area so depicted, the Secretary

of the Interior may acquire in their entirety such parcels of land

or interests therein.

(c) Transfers of jurisdiction

The Secretaries of Agriculture and Interior are authorized to

arrange and effect mutually satisfactory transfers of jurisdiction

over land administered by each in the El Portal area. Land so

transferred to the Secretary of the Interior shall thereupon be

excluded from the national forest or forests involved and

thereafter be administered by the Secretary of the Interior

pursuant to this section as a part of said administrative site.

Land transferred to the Secretary of Agriculture pursuant to this

section shall thereupon become national forest land subject to all

laws, rules, and regulations applicable to land acquired pursuant

to the Week's law.

(d) Pre-existing claim, location, or entry

Nothing herein contained shall affect any valid claim, location,

or entry existing under the land laws of the United States, or the

rights of any such claimant, locator, or entryman to the full use

and enjoyment of his land.

(e) Status of acquired land

Until further action by the Congress, the lands acquired by or

transferred to the Secretary of the Interior hereunder shall not

become a part of Yosemite National Park, nor be subject to the laws

and regulations governing said park, but the Secretary of the

Interior shall have supervision, management, and control of the

area and shall make and publish such rules and regulations as he

may deem necessary and proper for its use and management: Provided,

That he may grant nonexclusive privileges, leases, and permits for

the use of land in the area and enter into contracts relating to

the same, subject to the limitations and conditions applying to the

similar authority provided in section 3 of this title.

(f) Availability of funds

Funds now or hereafter appropriated or otherwise available for

operating and capital programs in the areas administered by the

National Park Service, including funds for acquisition of land and

interests in land, are made available to acquire land, interests in

land, and appurtenances thereto, within the administrative site,

and to further the purpose of this section.

-SOURCE-

(Pub. L. 85-922, Sec. 1-6, Sept. 2, 1958, 72 Stat. 1772.)

-REFTEXT-

REFERENCES IN TEXT

Week's law, referred to in subsec. (c), is act Mar. 1, 1911, ch.

186, 36 Stat. 961, which is classified to sections 480, 500, 513 to

519, 521, 552 and 563 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

552 of this title and Tables.

-COD-

CODIFICATION

Subsecs. (a) to (f) are based on sections 1 to 6, respectively,

of Pub. L. 85-922.

-MISC3-

LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE, CALIFORNIA

Pub. L. 105-363, Sec. 4, Nov. 6, 1998, 112 Stat. 3298, authorized

transfer from the United States of land within the El Portal

Administrative Site to party conveying to United States an adjacent

property known as the Yosemite View parcel, and provided for

equalization of values of Federal and non-Federal lands,

applicability of other laws to the exchange, boundary adjustment,

map, and additional terms and conditions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47-2 of this title.

-CITE-

16 USC Sec. 47-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47-2. Leases for employee housing, community facilities,

administrative offices, maintenance facilities, and commercial

services at or on administrative site

-STATUTE-

In furtherance of the purposes of section 47-1 of this title, the

Secretary of the Interior is authorized, notwithstanding any other

provision of law, to lease lands within the El Portal

administrative site for periods of not to exceed ninety-nine years

to any individual, including an employee of the United States

Government, to any operator of concession facilities in the park,

or the administrative site, or its successor, or to any public or

private corporation or organization (including a nonprofit

corporation) for purposes of providing employee housing, community

facilities, administrative offices, maintenance facilities, and

commercial services. Such leases shall provide that if the lessee

is a concessioner, corporation, or other organization (including a

nonprofit corporation) such lessee may sublease the property to its

employees, employees of the United States Government, or other

individuals whose residence on the leased premises is solely in

support of Yosemite National Park or the El Portal administrative

site for terms not to exceed the remaining terms of such leases,

and they shall be subject to such terms and conditions as the

Secretary of the Interior may require to assure appropriate

administration, protection, and development of the land for

purposes incident to the provisions of facilities and services

required in the operation and administration of the park: Provided,

That the Secretary of the Interior shall grant such leases in

consideration of payment to the United States of the fair rental

value of the leased lands, as determined by him.

-SOURCE-

(Pub. L. 90-409, Sec. 1, July 21, 1968, 82 Stat. 393; Pub. L.

99-542, Sec. 1(1)-(3), Oct. 27, 1986, 100 Stat. 3037.)

-COD-

CODIFICATION

Section formerly consisted of subsecs. (a) and (b) which were

based on sections 1 and 2, respectively, of Pub. L. 90-409. Section

2 was renumbered section 3 of Pub. L. 90-409 and is classified to

section 47-4 of this title. A new section 2 of Pub. L. 90-409 was

added and is classified to section 47-3 of this title.

-MISC3-

AMENDMENTS

1986 - Pub. L. 99-542 substituted ''not to exceed ninety-nine

years to any individual, including an employee of the United States

Government, to any operator of concession facilities in the park,

or the administrative site, or its successor, or to any public or

private corporation or organization (including a nonprofit

corporation) for purposes of providing employee housing, community

facilities, administrative offices, maintenance facilities, and

commercial services'' for ''fifty-five years to any operator of

concession facilities in the park, or its successor, for purposes

of providing employee housing'', substituted ''if the lessee is a

concessioner, corporation, or other organization (including a

nonprofit corporation) such lessee may sublease the property to its

employees, employees of the United States Government, or other

individuals whose residence on the leased premises is solely in

support of Yosemite National Park or the El Portal administrative

site'' for ''the concessioner may sublease the property to its

employees'', struck out ''an annual'' before ''payment'' in

proviso, and substituted a period for ''at the beginning of each

calendar year'' after ''him''.

LIMITATION ON NEW SPENDING AUTHORITY

Section 2 of Pub. L. 99-542 provided that: ''Any new spending

authority (within the meaning of section 401 of the Congressional

Budget and Impoundment Control Act of 1974 (2 U.S.C. 651)) which is

provided under this Act (enacting sections 47-3 to 47-6 of this

title and amending section 47-2 of this title) shall be effective

for any fiscal year only to the extent or in such amounts as

provided in appropriation Acts or to the extent that proceeds are

available from any leases issued by the Secretary pursuant to the

first section of this Act (probably means section 1 of Pub. L.

90-409, 16 U.S.C. 47-2).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47-3, 47-4, 47-6 of this

title.

-CITE-

16 USC Sec. 47-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47-3. Use of proceeds; administration of leases

-STATUTE-

(a) Notwithstanding any other provision of law, the proceeds from

any leases issued by the Secretary pursuant to section 47-2 of this

title may be credited to the appropriation bearing the cost of

administering (directly or by contract) the leases and of

constructing, improving, and maintaining roads, utilities,

buildings, and other facilities within the El Portal administrative

site. In the administration of the leases, the Secretary may

contract for the management of the leases and of the leased

premises, subject to such terms and conditions, including the right

of the Secretary to purchase and sell the unexpired terms of leases

and subleases, as will protect the interests of the United States.

The Secretary may also contract for the use by him of any

improvements to leased property for purposes of the El Portal

administrative site or for purposes of Yosemite National Park, and

he may use the proceeds from any leases for the purpose of making

payments under any such contract.

(b) The Secretary may at any time acquire the unexpired term of

any lease or sublease issued or entered into pursuant to sections

47-2 to 47-6 of this title by purchase with funds available from

the proceeds of leases, or with donated or appropriated funds, or

by donation or exchange.

-SOURCE-

(Pub. L. 90-409, Sec. 2, as added Pub. L. 99-542, Sec. 1(4), Oct.

27, 1986, 100 Stat. 3037.)

-MISC1-

PRIOR PROVISIONS

A prior section 2 of Pub. L. 90-409, which was classified to

section 47-2(b) of this title, was renumbered section 3 of Pub. L.

90-409 and is classified to section 47-4 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47-4, 47-6 of this title.

-CITE-

16 USC Sec. 47-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47-4. Agreements to effectuate leases

-STATUTE-

The Secretary of the Interior may enter into agreements with

other Federal agencies and with any concessioner or its successor

in order to effectuate the purposes of sections 47-2 to 47-6 of

this title.

-SOURCE-

(Pub. L. 90-409, Sec. 3, formerly Sec. 2, July 21, 1968, 82 Stat.

393; renumbered Sec. 3, Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986,

100 Stat. 3037.)

-COD-

CODIFICATION

Section was classified to section 47-2(b) of this title prior to

renumbering by Pub. L. 99-542.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47-3, 47-6 of this title.

-CITE-

16 USC Sec. 47-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47-5. Regulations

-STATUTE-

After October 27, 1986, no lease may be issued for the purpose of

providing housing or other facilities in the El Portal

administrative site except in accordance with regulations

promulgated by the Secretary of the Interior. Such regulations

shall establish the qualifications of natural persons and

corporations who may be eligible to acquire a lease and a sublease,

the process to be used in establishing fees for such leases and

subleases, and they shall set forth the circumstances under which

the Secretary may elect to acquire any unexpired lease or

sublease. Such regulations shall become effective only after sixty

calendar days from the day on which they have been submitted to the

Committee on Natural Resources of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate.

-SOURCE-

(Pub. L. 90-409, Sec. 4, as added Pub. L. 99-542, Sec. 1(5), Oct.

27, 1986, 100 Stat. 3038; amended Pub. L. 103-437, Sec. 6(d)(6),

Nov. 2, 1994, 108 Stat. 4583.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Natural Resources'' for

''Interior and Insular Affairs'' after ''Committee on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47-3, 47-4, 47-6 of this

title.

-CITE-

16 USC Sec. 47-6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47-6. Conflicts of interest prohibited

-STATUTE-

In carrying out the provisions of sections 47-2 to 47-6 of this

title, the Secretary shall take care that there be no opportunity

for any personal influence by an employee of the Department of the

Interior upon the availability of housing for other such employees

or employees of persons in a contractual relationship with the

Department. In the selection of lessees and sublessees, the

issuance of leases and subleases, the establishment or (FOOTNOTE 1)

rental values, and the acquisition of any unexpired term of any

lease or sublease, the Secretary shall act through an agent or

agents appointed by the Secretary from among associations,

corporations, or natural persons having no material, financial,

legal, or equitable interest in the action proposed, other than a

reasonable fee for their services.

(FOOTNOTE 1) So in original. Probably should be ''of''.

-SOURCE-

(Pub. L. 90-409, Sec. 5, as added Pub. L. 99-542, Sec. 1(5), Oct.

27, 1986, 100 Stat. 3038.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47-3, 47-4 of this title.

-CITE-

16 USC Sec. 47a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47a. Addition of certain lands to park authorized

-STATUTE-

For the purpose of preserving and consolidating timber stands

along the western boundary of the Yosemite National Park the

President of the United States is authorized, upon the joint

recommendation of the Secretaries of Interior and Agriculture, to

add to the Yosemite National Park, in the State of California, by

Executive proclamation, section 1 and the north half of section 12,

township 1 south, range 19 east, Mount Diablo meridian.

-SOURCE-

(May 9, 1930, ch. 234, Sec. 1, 46 Stat. 265.)

-CITE-

16 USC Sec. 47b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47b. Inapplicability of certain laws to lands acquired under

section 47a

-STATUTE-

The provisions of the Federal Power Act (16 U.S.C. 791a et seq.)

shall not apply to any lands added to the Yosemite National Park

under the authority of section 47a of this title.

-SOURCE-

(May 9, 1930, ch. 234, Sec. 2, 46 Stat. 265.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, was in the original

the ''Act of June 10, 1920, known as the Federal Water Power Act,''

and was redesignated as the Federal Power Act by section 791a of

this title. The Federal Power Act is act June 10, 1920, ch. 285,

41 Stat. 1063, as amended, and is classified generally to chapter

12 (Sec. 791a et seq.) of this title. For complete classification

of this Act to the Code, see section 791a of this title and Tables.

-CITE-

16 USC Sec. 47c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47c. Acquisition of certain lands for preservation and

consolidation of timber stands

-STATUTE-

For the purpose of preserving and consolidating certain timber

stands along the western boundary of the Yosemite National Park,

the President of the United States is authorized, upon the joint

recommendation of the Secretaries of the Interior and of

Agriculture, to add to said park by Executive proclamation any or

all of the following-described lands: Sections 19, 20, 29, 30, 31,

and 32, township 1 south, range 20 east, Mount Diablo meridian;

east half section 1; east half section 12; southeast quarter

section 24, township 2 south, range 19 east, Mount Diablo meridian;

sections 4, 5, and 6; north half section 7; sections 8 and 9, and

19 and 20, township 2 south, range 20 east, Mount Diablo meridian,

approximately nine thousand acres.

-SOURCE-

(Mar. 2, 1929, ch. 498, 45 Stat. 1486.)

-CITE-

16 USC Sec. 47d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47d. Acquisition of certain lands for protection of park deer

-STATUTE-

For the purpose of protecting park deer along the western

boundary of the Yosemite National Park, the Secretary of the

Interior is authorized to acquire as part of said park, by exchange

as hereinafter provided, title in fee for and on behalf of the

United States of America to all that land in sections 21 and 28 in

township 3 south, range 20 east, Mount Diablo meridian, lying

between the abandoned railroad grade running from a point in the

Wawona Road near Chinquapin to the top of the abandoned incline

hoist in the northeast quarter of the southwest quarter of section

21, and the east and west center line of section 21, and in

sections 22, 23, 24, 25, 26, and 27 lying between said abandoned

railroad grade and the existing park boundary, containing one

thousand three hundred and fifty acres, more or less, now held in

private ownership, which lands upon acquisition shall be, and are,

added to the park; and in exchange therefor the said Secretary is

authorized to issue patent to the owner of said lands, for the

Government lands described as follows: That part of the north half

of northeast quarter lying south of abandoned railroad grade

hereinbefore mentioned, north half of southwest quarter of

northeast quarter, southwest quarter of southwest quarter of

northeast quarter, southwest quarter, west half of northeast

quarter of southeast quarter, and southwest quarter of southeast

quarter of section 25, township 3 south, range 20 east; north half

section 36, township 3 south, range 20 east; southwest quarter

northeast quarter, south half northeast quarter northwest quarter,

west half northwest quarter, southeast quarter northwest quarter,

northwest quarter southeast quarter, and west half southwest

quarter southeast quarter section 32, township 3 south, range 21

east; and northwest quarter section 5, township 4 south, range 21

east; containing one thousand and ten acres, more or less, which

lands upon issuance of patent shall be, and are eliminated from

said park.

-SOURCE-

(May 28, 1928, ch. 817, 45 Stat. 787.)

-CITE-

16 USC Sec. 47e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47e. Purchase of private lands for park authorized

-STATUTE-

The Secretary of the Interior is authorized to acquire, by

purchase when purchaseable (FOOTNOTE 1) at prices deemed by him

reasonable - otherwise by condemnation under the provisions of

section 3113 of title 40, on behalf of the United States under any

fund or moneys available for such purpose, on July 9, 1937, except

from the general fund of the Treasury, any of the

following-described lands in the State of California now in private

ownership, to wit: Section 25, lots 3, 4, 5, 8, and 9, section 34,

northeast quarter, southeast quarter of the northwest quarter, lots

1 to 10, inclusive, section 35, section 36, township 1 south, range

19 east; southeast quarter northwest quarter, east half southwest

quarter, southeast quarter, lots 2, 3, and 4, section 30, section

31, township 1 south, range 20 east; sections 1, 2, and 3, east

half section 10, sections 11 and 12, north half section 14,

northeast quarter section 15, township 2 south, range 19 east;

southeast quarter northwest quarter, east half southwest quarter,

lots 3 to 7, inclusive, section 6, township 2 south, range 20 east,

Mount Diablo meridian.

(FOOTNOTE 1) So in original.

When title to the aforesaid privately owned lands has been vested

in the United States, all of the lands described in this section

shall be added to and become a part of the Yosemite National Park

and shall be subject to all laws and regulations applicable

thereto: Provided, That nothing in this section or section 47f of

this title shall be construed to affect any valid existing rights.

-SOURCE-

(July 9, 1937, ch. 469, Sec. 1, 2, 50 Stat. 485, 486.)

-COD-

CODIFICATION

''Section 3113 of title 40'' substituted in text for ''the Act of

August 1, 1888'' on authority of Pub. L. 107-217, Sec. 5(c), Aug.

21, 2002, 116 Stat. 1303, the first section of which enacted Title

40, Public Buildings, Property, and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47f of this title.

-CITE-

16 USC Sec. 47f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 47f. Inapplicability of certain laws to lands acquired under

section 47e

-STATUTE-

The provisions of the Federal Power Act, as amended (16 U.S.C.

791a et seq.), shall not apply to any of the lands added to the

Yosemite National Park pursuant to the provisions of section 47e of

this title.

-SOURCE-

(July 9, 1937, ch. 469, Sec. 3, 50 Stat. 486.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, was in the original

the ''Act approved June 10, 1920, as amended, known as the Federal

Water Power Act,'' and was redesignated as the Federal Power Act by

section 791a of this title. The Federal Power Act is act June 10,

1920, ch. 285, 41 Stat. 1063, as amended, and is classified

generally to chapter 12 (Sec. 791a et seq.) of this title. For

complete classification of this Act to the Code, see section 791a

of this title and Tables.

-CITE-

16 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 48. Yosemite Valley and Mariposa Big Tree Grove reserved and

made part of Yosemite National Park

-STATUTE-

The tracts of land embracing the Yosemite Valley and the Mariposa

Big Tree Grove, described as the ''Cleft'' or ''Gorge'' in the

granite peak of the Sierra Nevada mountains, situated in the county

of Mariposa, in the State of California, and the headwaters of the

Merced River, and known as the Yosemite Valley, with its branches

or spurs, in estimated length fifteen miles, and in average width

one mile back from the main edge of the precipice, on each side of

the valley, and the tracts embracing what is known as the

''Mariposa Big Tree Grove'', not to exceed the area of four

sections, and to be taken in legal subdivisions of one quarter

section each, together with that part of fractional sections 5 and

6, township 5 south, range 22 east, Mount Diablo meridian,

California, lying south of the South Fork of Merced River and

almost wholly between the Mariposa Big Tree Grove and the south

boundary of the Yosemite National Park, on June 11, 1906, are

reserved and withdrawn from settlement, occupancy, or sale under

the laws of the United States and set apart as a national forest,

subject to all the limitations, conditions, and provisions of

sections 61, 471c and 471d of this title, as well as the

limitations, conditions, and provisions of section 46 of this

title, and shall hereafter form a part of the Yosemite National

Park.

-SOURCE-

(June 30, 1864, ch. 184, Sec. 1, 2, 13 Stat. 325; June 11, 1906,

No. 27, Sec. 1, 34 Stat. 831.)

-CITE-

16 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 49. Rights of claimants and owners of lands included; laws and

regulations applicable within park

-STATUTE-

None of the lands patented and in private ownership in the area

included under sections 46 and 47 of this title in the Sierra

National Forest shall have the privileges of the lieu-land scrip

provisions of the land laws, but otherwise to be in all respects

under the laws and regulations affecting the national forests. All

laws, rules, and regulations affecting national forests, including

the right to change the boundaries thereof by Executive

proclamation, shall take effect and be in force within the limits

of the territory excluded by sections 46 and 47 of this title from

the Yosemite National Park, except as otherwise provided.

-SOURCE-

(Feb. 7, 1905, ch. 547, Sec. 2, 33 Stat. 703; June 11, 1906, No.

27, Sec. 2, 34 Stat. 832; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

-COD-

CODIFICATION

''Sierra National Forest'' and ''national forests'' substituted

in text for ''Sierra Forest Reserve'' and for ''forest reserves''

and ''forest reservations'', respectively, on authority of act Mar.

4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest

reserves shall hereafter be known as national forests.

-CITE-

16 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 50. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, Joint Res. June 11, 1906, No. 27, Sec. 3, 34 Stat. 832,

related to disposition of revenues from privileges.

-CITE-

16 USC Sec. 51 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 51. Yosemite National Park; exchange of privately owned lands

in park

-STATUTE-

The Secretaries of the Departments of Interior and Agriculture,

for the purpose of eliminating private holdings within the Yosemite

National Park and to preserve intact timber along and adjoining the

roads in the scenic portion of the park on patented lands, are

empowered in their discretion to obtain and accept for the United

States a complete title to any and all patented lands within the

boundaries of said park by the exchange of timber or timber and

lands within the Yosemite National Park and the Sierra and

Stanislaus National Forests for such lands and the timber thereon

within the park, necessary conveyances of park and national forest

timber or timber and lands to be made by said secretaries,

respectively. The secretaries of the said departments are

authorized to acquire title in fee by the exchange of lands of the

United States for patented lands not exceeding six hundred and

forty acres in the Sierra and Stanislaus National Forests, adjacent

and contiguous to the Yosemite National Park, and when such

patented lands are thus acquired, said lands shall become a part of

the Yosemite National Park and be subject to all the provisions of

sections 55, 61, 471c and 471d of this title.

-SOURCE-

(Apr. 9, 1912, ch. 74, Sec. 1, 37 Stat. 80; Apr. 16, 1914, ch. 58,

38 Stat. 345.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 52 of this title.

-CITE-

16 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 52. Values of lands and timber to be exchanged; lands added to

park

-STATUTE-

The value of patented lands within the park offered in exchange,

and the value of the timber on park lands proposed to be given in

exchange for such patented lands, shall be ascertained in such

manner as the Secretary of the Interior may, in his discretion,

direct, and all expenses incident to ascertaining such values shall

be paid by the owners of said patented lands, and such owners

shall, before any exchange is effective, furnish the Secretary of

the Interior evidence satisfactory to him of title to the patented

lands offered in exchange, and if the value of the timber on park

lands exceeds the value of the patented lands deeded to the

Government in the exchange such excess shall be paid to the

Secretary of the Interior by the owners of the patented lands

before any of the timber is removed from the park, and shall be

deposited and covered into the Treasury as miscellaneous receipts.

The same course shall be pursued in relation to exchange for timber

standing near public roads on patented lands for timber to be

exchanged on park lands. The lands conveyed to the Government

under section 51 of this title shall become a part of the Yosemite

National Park.

-SOURCE-

(Apr. 9, 1912, ch. 74, Sec. 2, 37 Stat. 80.)

-CITE-

16 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 53. Cutting and removal of timber

-STATUTE-

All timber must be cut and removed from the Yosemite National

Park under regulations to be prescribed by the Secretary of the

Interior, and any damage which may result to the roads or any part

of the park in consequence of the cutting and removal of the timber

from the reservation shall be borne by the owners of the patented

lands, and bond satisfactory to the Secretary of the Interior must

be given for the payment of such damages, if any, as shall be

determined by the Secretary of the Interior.

-SOURCE-

(Apr. 9, 1912, ch. 74, Sec. 3, 37 Stat. 81.)

-CITE-

16 USC Sec. 54 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 54. Sale of matured, dead, or down timber

-STATUTE-

The Secretary of the Interior may sell and permit the removal of

such matured or dead or down timber as he may deem necessary or

advisable for the protection or improvement of the park, and the

proceeds derived therefrom shall be deposited and covered into the

Treasury as miscellaneous receipts.

-SOURCE-

(Apr. 9, 1912, ch. 74, Sec. 4, 37 Stat. 81.)

-CITE-

16 USC Sec. 55 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 55. Leases of land in park; mortgages by lessees

-STATUTE-

The Secretary of the Interior is authorized and empowered to

grant leases, for periods of not exceeding twenty years, at annual

rentals, and under terms and conditions to be determined by him, to

any person, corporation, or company he may authorize to transact

business in the Yosemite National Park, for separate tracts of

land, not exceeding twenty acres each, at such places, not to

exceed ten in number, to any person, corporation, or company in

said park, as the comfort and convenience of visitors may require,

for the construction and maintenance of substantial hotel buildings

and buildings for the protection of motor cars, stages, stock and

equipment, and so forth. Such leases may, at the option of the

Secretary of the Interior, contain appropriate provisions for the

appraisement, at the expiration of the lease, of the value of such

hotel and other buildings (or portions thereof) as may be

constructed by the lessees, respectively, and the payment of the

same to the lessees in case a new lease be made to persons other

than said lessees, such payments to be made by such new lessees,

respectively.

Any person or corporation or company holding a lease or leases

within said park for the purposes above described is authorized,

with the approval of the Secretary of the Interior, to execute

mortgages upon his or its rights and properties, including his or

its contract or contracts with the Secretary of the Interior; such

mortgages shall be executed in duplicate and delivered to the

Secretary of the Interior for his approval, and upon his approval

thereof he shall retain one of said duplicates and file the same

for record in his office.

Any mortgage, lien, or encumbrance created under the provisions

hereof shall be subject to the rights of the Government to compel

the enforcement of the terms of the lease or contract of the

mortgagor, and any purchaser under a foreclosure of such

encumbrance shall take subject to all the conditions assumed by the

original lessee or contractor.

-SOURCE-

(Oct. 1, 1890, ch. 1263, Sec. 2, 26 Stat. 651; July 23, 1914, ch.

206, 38 Stat. 554; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 153.)

-COD-

CODIFICATION

This section superseded earlier provisions as to leases contained

in section 2 of act Oct. 1, 1890.

As enacted by act July 23, 1914, this section contained a

provision, omitted for purposes of codification, continuing in

effect all existing laws relating to the park and not in conflict

with it.

Section 1 of the act of June 12, 1917, incorporated in section

452 of this title, provides for the disposition of all revenue of

National Parks and did not directly affect this section. It may

have been considered as superseding similar provisions of the act

of Oct. 1, 1890, Sec. 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 471c, 471d of this

title.

-CITE-

16 USC Sec. 56 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 56. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act July 1, 1916, ch. 209, Sec. 1, 39 Stat. 308, related

to donations of lands or rights-of-way. For general provisions

relating to donations of lands, etc., see section 6 of this title.

-CITE-

16 USC Sec. 57 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 57. Yosemite and Sequoia National Parks; exclusive

jurisdiction of United States; jurisdiction remaining in and

taxation by California

-STATUTE-

Sole and exclusive jurisdiction is assumed by the United States

over the territory embraced and included within the Yosemite

National Park and Sequoia National Park, respectively, saving,

however, to the State of California the right to serve civil or

criminal process within the limits of the aforesaid parks or either

of them in suits or prosecutions for or on account of rights

acquired, obligations incurred, or crimes committed in said State

outside of said parks; and saving further to the said State the

right to tax persons and corporations, their franchises and

property on the lands included in said parks, and the right to fix

and collect license fees for fishing in said parks; and saving also

to the persons residing in any of said parks now or hereafter the

right to vote at all elections held within the county or counties

in which said parks are situated.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 1, 41 Stat. 731; Mar. 4, 1940, ch. 40,

Sec. 2, 54 Stat. 43.)

-COD-

CODIFICATION

A provision accepting the act of the California Legislature which

ceded to the United States exclusive jurisdiction over the

territory referred to in this section has been omitted as executed.

-MISC3-

GENERAL GRANT NATIONAL PARK ABOLISHED

Act Mar. 4, 1940, set out as section 80a of this title, abolished

the General Grant National Park and added the lands to the Kings

Canyon National Park as the General Grant grove section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 63, 64, 65 of this title.

-CITE-

16 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 58. Laws applicable; fugitives from justice

-STATUTE-

All the laws applicable to places under sole and exclusive

jurisdiction of the United States shall have force and effect in

said parks or either of them. All fugitives from justice taking

refuge in said parks, or either of them, shall be subject to the

same laws as refugees from justice found in the State of

California.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 1, 41 Stat. 731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 63, 64, 65 of this title.

-CITE-

16 USC Sec. 59 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 59. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

eff. Sept. 1, 1948

-MISC1-

Section, acts June 2, 1920, ch. 218, Sec. 4, 41 Stat. 731; Mar.

4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to offenses

punishable by State laws. See section 13 of Title 18, Crimes and

Criminal Procedure.

-CITE-

16 USC Sec. 60 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 60. Hunting or fishing prohibited

-STATUTE-

All hunting or the killing, wounding, or capturing at any time of

any wild bird or animal, except dangerous animals, when it is

necessary to prevent them from destroying human lives or inflicting

personal injury, is prohibited within the limits of said parks; nor

shall any fish be taken out of any of the waters of the said parks,

or any one of them, in any other way than by hook and line, and

then only at such seasons and such times and manner as may be

directed by the Secretary of the Interior.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 62, 63, 64, 65 of this

title.

-CITE-

16 USC Sec. 61 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 61. Rules and regulations in parks

-STATUTE-

In addition to the powers and duties enumerated in section 3 of

this title, not inconsistent with this section, the Secretary of

the Interior shall make and publish such general rules and

regulations as he may deem necessary and proper for the management

and care of the park and for the protection of the property

therein, especially for the preservation from injury or spoliation

of all timber, mineral deposits other than those legally located

prior to the date of passage of the respective Acts creating and

establishing said parks, natural curiosities or wonderful objects

within said parks, and for the protection of the animals in the

park from capture or destruction, and to prevent their being

frightened or driven from the said parks; and he shall make rules

and regulations governing the taking of fish from the streams or

lakes in the said parks or either of them. He shall cause all

persons trespassing upon the same to be removed therefrom.

-SOURCE-

(Oct. 1, 1890, ch. 1263, Sec. 2, 26 Stat. 651; June 2, 1920, ch.

218, Sec. 5, 41 Stat. 732.)

-COD-

CODIFICATION

The first sentence of this section was from section 5 of the act

of June 2, 1920. The first portion reading ''In addition to the

powers and duties enumerated in section 3 of this title, not

inconsistent with this section'' was inserted to relate this

section to section 3 of this title, providing general powers for

the Secretary of the Interior.

The last sentence of this section is from section 2 of act Oct.

1, 1890.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46, 48, 51, 62, 63, 64,

65, 471c, 471d of this title.

-CITE-

16 USC Sec. 62 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 62. Possession of dead bodies of birds or animals

-STATUTE-

Possession within said parks, or either of them, of the dead

bodies or any part thereof of any wild bird or animal shall be

prima facie evidence that person or persons having same are guilty

of violating sections 60 to 63 of this title.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 63, 65 of this title.

-CITE-

16 USC Sec. 63 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 63. Transportation of birds, animals, or fish; violations of

statute or rules or regulations for management, care, and

preservation of parks; damage or spoliation; punishment

-STATUTE-

Any person or persons, or stage or express company, or railway

company, who knows or has reason to believe that they were taken or

killed contrary to the provisions of sections 57, 58, and 60 to 65

of this title, and who receives for transportation any of said

animals, birds, or fish so killed, caught, or taken, or who shall

violate any of the other provisions of said sections, or any rule

or regulation that may be promulgated by the Secretary of the

Interior, with reference to the management and care of the said

parks, or either of them, or for the protection of the property

therein for the preservation from injury or spoliation of timber,

mineral deposits, other than those legally located prior to the

passage of the respective Acts creating and establishing said

parks, natural curiosities, or wonderful objects within said parks,

or either of them, or for the protection of the animals, birds, or

fish in the said parks, or either of them, or who shall within said

parks commit any damage, injury, spoliation to or upon any

building, fence, hedge, gate, guidepost, tree, wood, underwood,

timber, garden, crops, vegetables, plants, land, springs, mineral

deposits other than those legally located prior to the passage of

the respective Acts creating and establishing said parks, natural

curiosities, or other matter or thing growing or being thereon, or

situated therein, shall be subject to the penalty provided for the

violation of rules and regulations of the Secretary of the Interior

authorized by section 3 of this title.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 62, 64, 65 of this title.

-CITE-

16 USC Sec. 64 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 64. Sale or disposal of timber; destruction of detrimental

animal or plant life

-STATUTE-

Nothing in sections 57, 58, and 60 to 65 of this title shall be

construed as repealing or in any way modifying the authority

granted the Secretary of the Interior by said section 3 of this

title to sell or dispose of timber in national parks in those cases

where, in his judgment, the cutting of such timber is required in

order to control the attacks of insects or diseases or otherwise

conserve the scenery of the natural or historic objects in such

parks and to provide for the destruction of such animals and such

palnt (FOOTNOTE 1) life as may be detrimental to the use of any of

said parks, or the authority granted to said Secretary by sections

51 to 54 of this title.

(FOOTNOTE 1) So in original. Probably should be ''plant''.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 63, 65 of this title.

-CITE-

16 USC Sec. 65 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 65. Seizure and forfeiture of guns, traps, teams, horses, etc.

-STATUTE-

All guns, traps, teams, horses, or means of transportation of

every nature or description used by any person or persons within

the limits of said parks, or either of them, when engaged in

killing, trapping, ensnaring, or capturing such wild beasts, birds,

or animals, shall be forfeited to the United States and may be

seized by the officers in said parks, or either of them, and held

pending prosecution of any person or persons arrested under the

charge of violating the provisions of sections 57, 58, and 60 to 65

of this title, and upon conviction such forfeiture shall be

adjudicated as a penalty in addition to the other punishment

prescribed therein. Such forfeited property shall be disposed of

and accounted for by and under the authority of the Secretary of

the Interior.

-SOURCE-

(June 2, 1920, ch. 218, Sec. 6, 41 Stat. 733.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 63, 64 of this title.

-CITE-

16 USC Sec. 66 to 77 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 66 to 77. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.

992, eff. Sept. 1, 1948

-MISC1-

Section 66, acts June 2, 1920, ch. 218, Sec. 7, 8, 41 Stat. 733;

Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to appointment

and jurisdiction of commissioners. See provisions covering United

States magistrate judges in section 631 et seq. of Title 28,

Judiciary and Judicial Procedure.

Section 67, act June 2, 1920, ch. 218, Sec. 7, 8, 41 Stat. 733,

related to power of commissioners (now magistrate judges) to make

arrests.

Section 68, act June 2, 1920, ch. 218, Sec. 7, 8, 41 Stat. 733,

related to appeal from conviction by commissioner (now magistrate

judge).

Section 69, act June 2, 1920, ch. 218, Sec. 11, 41 Stat. 734,

related to residence of commissioners (now magistrate judges).

Section 70, act June 2, 1920, ch. 218, Sec. 9, 41 Stat. 734,

related to arrests for certain offenses. See sections 3041 and

3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c),

and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.

Section 71, acts June 2, 1920, ch. 218, Sec. 10, 41 Stat. 734;

Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to service of

process. See rule 4 of Federal Rules of Criminal Procedure, Title

18, Appendix, and section 3053 of title 18.

Section 72, acts June 2, 1920, ch. 218, Sec. 11, 41 Stat. 734;

Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to

commissioners' salaries. See section 634 of Title 28, Judiciary

and Judicial Procedure.

Section 73, act June 2, 1920, ch. 218, Sec. 11, 41 Stat. 734,

related to fees and costs.

Section 74, act June 2, 1920, ch. 218, Sec. 13, 41 Stat. 734,

related to disposition of fines and costs.

Section 75, act June 2, 1920, ch. 218, Sec. 12, 41 Stat. 734,

related to payment of fees, costs, and expenses chargeable to the

United States.

Section 76, act June 2, 1920, ch. 218, Sec. 2, 41 Stat. 731,

related to inclusion of Yosemite National Park within judicial

district. See section 84 of Title 28, Judiciary and Judicial

Procedure.

Section 77, acts June 2, 1920, ch. 218, Sec. 3, 41 Stat. 731;

Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to inclusion of

Sequoia National Park within a judicial district. See section 84

of Title 28.

-CITE-

16 USC Sec. 78 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 78. Detail of troops to Sequoia and Yosemite Parks

-STATUTE-

The Secretary of the Army, upon the request of the Secretary of

the Interior, is authorized and directed to make the necessary

detail of troops to prevent trespassers or intruders from entering

the Sequoia National Park and the Yosemite National Park,

respectively, in California, for the purpose of destroying the game

or objects of curiosity therein, or for any other purpose

prohibited by law or regulation for the government of said

reservations, and to remove such persons from said parks if found

therein.

-SOURCE-

(June 6, 1900, ch. 791, Sec. 1, 31 Stat. 618; Mar. 4, 1940, ch. 40,

Sec. 2, 54 Stat. 43; July 26, 1947, ch. 343, title II, Sec. 205(a),

61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

GENERAL GRANT NATIONAL PARK ABOLISHED

Act Mar. 4, 1940, set out as section 80a of this title, abolished

the General Grant National Park and added the lands to the Kings

Canyon National Park as the General Grant grove section.

-CITE-

16 USC Sec. 79 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 79. Rights-of-way for public utilities

-STATUTE-

The Secretary of the Interior is authorized and empowered, under

general regulations to be fixed by him, to permit the use of rights

of way through the public lands, forest and other reservations of

the United States, and the Yosemite, Sequoia, and General Grant

national parks, California, for electrical plants, poles, and lines

for the generation and distribution of electrical power, and for

telephone and telegraph purposes, and for canals, ditches, pipes

and pipe lines, flumes, tunnels, or other water conduits, and for

water plants, dams, and reservoirs used to promote irrigation or

mining or quarrying, or the manufacturing or cutting of timber or

lumber, or the supplying of water for domestic, public, or any

other beneficial uses to the extent of the ground occupied by such

canals, ditches, flumes, tunnels, reservoirs, or other water

conduits or water plants, or electrical or other works permitted

hereunder, and not to exceed fifty feet on each side of the

marginal limits thereof, or not to exceed fifty feet on each side

of the center line of such pipes and pipe lines, electrical,

telegraph, and telephone lines and poles, by any citizen,

association, or corporation of the United States, where it is

intended by such to exercise the use permitted hereunder or any one

or more of the purposes herein named: Provided, That such permits

shall be allowed within or through any of said parks or any forest,

military, Indian, or other reservation only upon the approval of

the chief officer of the Department under whose supervision such

park or reservation falls and upon a finding by him that the same

is not incompatible with the public interest: Provided further,

That all permits given hereunder for telegraph and telephone

purposes shall be subject to the provision of title 65 of the

Revised Statutes of the United States, and amendments thereto,

regulating rights of way for telegraph companies over the public

domain: And provided further, That any permission given by the

Secretary of the Interior under the provisions of this section may

be revoked by him or his successor in his discretion, and shall not

be held to confer any right, or easement, or interest in, to, or

over any public land, reservation, or park.

-SOURCE-

(Feb. 15, 1901, ch. 372, 31 Stat. 790.)

-STATAMEND-

REPEALS

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),

Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,

1976, insofar as applicable to the issuance of rights-of-way

over, upon, under, and through the public lands and lands in the

National Forest System.

-REFTEXT-

REFERENCES IN TEXT

Title 65 of the Revised Statutes of the United States, and

amendments thereto, referred to in text, which consisted of R.S.

Sec. 5263 to 5269, was classified to sections 1 to 6 and 8 of Title

47, Telegraphs, Telephones, and Radiotelegraphs, and was repealed

by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327.

-COD-

CODIFICATION

Section, insofar as it relates to rights-of-way through public

lands, forests, and reservations, and the Yosemite, Sequoia, and

General Grant National Parks is also set out as section 959 of

Title 43, Public Lands, and insofar as it related to rights-of-way

through national forests was also set out as section 522 of this

title which was omitted from the Code.

Section was formerly classified to section 419 of this title.

-MISC3-

SAVINGS PROVISION

Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, insofar as applicable to the issuance of

rights-of-way, not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see note set out

under section 1701 of Title 43, Public Lands.

-TRANS-

GENERAL GRANT NATIONAL PARK ABOLISHED

Act Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, which is

classified to section 80a of this title, abolished the General

Grant National Park and added the lands to the Kings Canyon

National Park as the General Grant grove section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4, 46, 47, 193, 225, 349,

393 of this title.

-CITE-

16 USC Sec. 79-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

-HEAD-

Sec. 79-1. Yosemite National Park; expansion of reservoir capacity

-STATUTE-

Notwithstanding any other provision of law, no Federal lands may

be used for the expansion of the capacity of any reservoir which is

located within the boundaries of Yosemite National Park unless

Congress enacts specific statutory authorization after October 31,

1988, for such expansion.

-SOURCE-

(Pub. L. 100-563, Sec. 6, Oct. 31, 1988, 102 Stat. 2830.)

-CITE-

16 USC SUBCHAPTER VII - REDWOOD NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

.

-HEAD-

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 31 section 1603.

-CITE-

16 USC Sec. 79a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79a. Establishment; statement of purposes

-STATUTE-

In order to preserve significant examples of the primeval coastal

redwood (Sequoia sempervirens) forests and the streams and

seashores with which they are associated for purposes of public

inspiration, enjoyment, and scientific study, there is hereby

established a Redwood National Park in Del Norte and Humboldt

Counties, California.

-SOURCE-

(Pub. L. 90-545, Sec. 1, Oct. 2, 1968, 82 Stat. 931.)

-MISC1-

THOMAS H. KUCHEL VISITOR CENTER

Pub. L. 105-277, div. A, Sec. 101(e) (title I, Sec. 146), Oct.

21, 1998, 112 Stat. 2681-231, 2681-267, provided that: ''The

Redwood Information Center located at 119231 Highway 101 in Orick,

California is hereby named the 'Thomas H. Kuchel Visitor Center'

and shall be referred to in any law, document or record of the

United States as the 'Thomas H. Kuchel Visitor Center'.''

-CITE-

16 USC Sec. 79b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79b. Park area

-STATUTE-

(a) Boundaries; maps; maximum acreage

The area to be included within the Redwood National Park is that

generally depicted on the maps entitled ''Redwood National Park,''

numbered NPS-RED-7114-A and NPS-RED-7114-B, and dated September

1968, and the area indicated as ''Proposed Additions'' on the map

entitled ''Additional Lands, Redwood National Park, California,''

numbered 167-80005-D and dated March 1978, copies of which maps

shall be kept available for public inspection in the offices of the

National Park Service, Department of the Interior, and shall be

filed with appropriate officers of Del Norte and Humboldt Counties.

The Secretary of the Interior (hereinafter referred to as the

''Secretary'') may from time to time, with a view to carrying out

the purpose of this subchapter and with particular attention to

minimizing siltation of the streams, damage to the timber, and

assuring the preservation of the scenery within the boundaries of

the national park as depicted on said maps, modify said boundaries,

giving notice of any changes involved therein by publication of a

revised drawing or boundary description in the Federal Register and

by filing said revision with the officers with whom the original

maps were filed, but the acreage within said park shall at no time

exceed one hundred and six thousand acres, exclusive of submerged

lands and publicly owned highways and roads.

(b) Highways and roads

The Secretary is authorized to acquire all or part of existing

publicly owned highways and roads within the boundaries of the park

as he may deem necessary for park purposes. Until such highways

and roads have been acquired, the Secretary may cooperate with

appropriate State and local officials in patroling (FOOTNOTE 1) and

maintaining such roads and highways.

(FOOTNOTE 1) So in original. Probably should be ''patrolling''.

(c) Park protection zone

Within the area outside the boundaries of Redwood National Park

indicated as the ''Park Protection Zone'' on the map entitled

''Proposed Additions, Redwood National Park, California'', numbered

167-80005-D and dated March 1978, the Secretary is authorized to

acquire lands and interests in land: Provided, That lands may be

acquired from a willing seller or upon a finding by the Secretary

that failure to acquire all or a portion of such lands could result

in physical damage to park resources and following notice to the

Committee on Energy and Natural Resources of the United States

Senate and the Committee on Natural Resources of the House of

Representatives. Any lands so acquired shall be managed in a manner

which will maximize the protection of the resources of Redwood

National Park, and in accordance with the Act of October 21, 1976

(90 Stat. 2473) (43 U.S.C. 1701 et seq.). Acquisition of a parcel

of land under the authority of this subsection shall not as a

result of such acquisition diminish the right of owners of adjacent

lands to the peaceful use and enjoyment of their land and shall not

confer authority upon the Secretary to acquire additional lands

except as provided in this subsection.

-SOURCE-

(Pub. L. 90-545, Sec. 2, Oct. 2, 1968, 82 Stat. 931; Pub. L.

95-250, title I, Sec. 101(a)(1), (2), Mar. 27, 1978, 92 Stat. 163;

Pub. L. 103-437, Sec. 6(d)(7), Nov. 2, 1994, 108 Stat. 4583.)

-REFTEXT-

REFERENCES IN TEXT

Act of October 21, 1976 (90 Stat. 2743), referred to in subsec.

(c), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended,

known as the Federal Land Policy and Management Act of 1976, which

is classified principally to chapter 35 (Sec. 1701 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1701 of Title

43 and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

1978 - Subsec. (a). Pub. L. 95-250, Sec. 101(a)(1), (2), inserted

''and the area indicated as 'Proposed Additions' on the map

entitled 'Additional Lands, Redwood National Park, California',

numbered 167-80005-D and dated March 1978,'' after ''and dated

September 1968,'' and substituted ''one hundred and six thousand

acres, exclusive of submerged lands and publicly owned highways and

roads'' for ''fifty-eight thousand acres, exclusive of submerged

lands''.

Subsec. (b). Pub. L. 95-250, Sec. 101(a)(2), struck out ''by

donation only'' after ''The Secretary is authorized to acquire''.

Subsec. (c). Pub. L. 95-250, Sec. 101(a)(2), added subsec. (c).

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79c, 79f, 79k, 79m of

this title.

-CITE-

16 USC Sec. 79c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79c. Acquisition of land

-STATUTE-

(a) Authority of Secretary; administrative sites; manner and place;

donation of State lands; reverters and other conditions

The Secretary is authorized to acquire lands and interests in

land within the boundaries of the Redwood National Park and, in

addition thereto, not more than ten acres outside of those

boundaries for an administrative site or sites. Such acquisition

may be by donation, purchase with appropriated or donated funds,

exchange, or otherwise, but lands and interests in land owned by

the State of California may be acquired only by donation which

donation of lands or interest in lands may be accepted in the

discretion of the Secretary subject to such preexisting reverters

and other conditions as may appear in the title to these lands held

by the State of California, and such other reverters and conditions

as may be consistent with the use and management of the donated

lands as a portion of Redwood National Park. Notwithstanding any

other provision of law, the Secretary may expend appropriated funds

for the management of and for the construction, design, and

maintenance of permanent improvements on such lands and interests

in land as are donated by the State of California in a manner not

inconsistent with such reverters and other conditions.

(b) Vested and possessory rights in certain real property;

termination of operations; removal of equipment, facilities,

and personal property; down tree personal property; acquired

roads; just compensation; payment; jurisdiction; acreage

limitation; notice

(1) Effective on October 2, 1968, there is hereby vested in the

United States all right, title, and interest in, and the right to

immediate possession of, all real property within the park

boundaries designated in maps NPS-RED-7114-A and NPS-RED-7114-B and

effective on March 27, 1978, there is hereby vested in the United

States all right, title, and interest in, and the right to

immediate possession of, all real property within the area

indicated as ''Proposed Additions'' on the map entitled

''Additional Lands, Redwood National Park, California,'' numbered

167-80005-D and dated March 1978, and all right, title, and

interest in, and the right to immediate possession of the down tree

personal property (trees severed from the ground by man) severed

prior to January 1, 1975, or subsequent to January 31, 1978, within

the area indicated as ''Proposed Additions'' on the map entitled

''Additional Lands, Redwood National Park, California,'' numbered

167-80005-D and dated March 1978, except real property owned by the

State of California or a political subdivision thereof and except

as provided in paragraph (3) of this subsection. The Secretary

shall allow for the orderly termination of all operations on real

property acquired by the United States under this subsection, and

for the removal of equipment, facilities, and personal property

therefrom.

Down tree personal property severed subsequent to December 31,

1974, and prior to February 1, 1978 may be removed in accordance

with applicable State and Federal law, or other applicable

licenses, permits, and existing agreements, unless the Secretary

determines that the removal of such down timber would damage second

growth resources or result in excessive sedimentation in Redwood

Creek: Provided, however, That down timber lying in stream beds may

not be removed without permission of the Secretary: Provided, That

such removal shall also be subject to such reasonable conditions as

may be required by the Secretary to insure the continued

availability of raw materials to Redwoods United, Incorporated, a

nonprofit corporation located in Manila, California.

The Secretary shall permit, at existing levels and extent of

access and use, continued access and use of each acquired segment

of the B line, L line, M line, and K and K roads by each current

affected woods employer or its successor in title and interest:

Provided, That such use is limited to forest and land management

and protection purposes, including timber harvesting and road

maintenance. The Secretary shall permit, at existing levels and

extent of access and use, continued access and use of acquired

portions of the Bald Hills road by each current affected woods

employer or its successor in title and interest: Provided further,

That nothing in this sentence shall diminish the authority of the

Secretary to otherwise regulate the use of the Bald Hills road.

(2) The United States will pay just compensation to the owner of

any real property taken by paragraph (1) of this subsection. Such

compensation shall be paid either: (A) by the Secretary of the

Treasury from money appropriated from the Land and Water

Conservation Fund, including money appropriated to the Fund

pursuant to section 4(b) of the Land and Water Conservation Fund

Act of 1965, as amended (16 U.S.C. 460l-7(b)) subject to the

appropriation limitation in section 79j of this title, upon

certification to him by the Secretary of the agreed negotiated

value of such property, or the valuation of the property awarded by

judgment, including interest at the rate of 6 per centum per annum

from the date of taking the property to the date of payment

therefor; or (B) by the Secretary, if the owner of the land

concurs, with any federally owned property available to him for

purposes of exchange pursuant to the provisions of section 79e of

this title; or (C) by the Secretary using any combination of such

money or federally owned property. Any action against the United

States with regard to the provisions of this subchapter and for the

recovery of just compensation for the lands and interests therein

taken by the United States, and for the down tree personal property

taken, shall be brought in the United States district court for the

district where the land is located without regard to the amount

claimed. The United States may initiate proceedings at any time

seeking a determination of just compensation in the district court

in the manner provided by sections 1358 and 1403 of title 28 and

may deposit in the registry of the court the estimated just

compensation, or a part thereof, in accordance with the procedure

generally described by section 3114(a)-(d) of title 40. Interest

shall not be allowed on such amounts as shall have been paid into

the court. In the event that the Secretary determines that the fee

simple title to any property (real or personal) taken under this

section is not necessary for the purposes of this subchapter, he

may, with particular attention to minimizing the payment of

severance damages and to allow for the orderly removal of down

timber, revest title to such property subject to such reservations,

terms, and conditions, if any, as he deems appropriate to carry out

the purposes of this subchapter, and may compensate the former

owner for no more than the fair market value of the rights so

reserved, except that the Secretary may not revest title to any

property for which just compensation has been paid; or, the

Secretary may sell at fair market value without regard to the

requirements of the Federal Property and Administrative Services

Act of 1949, as amended, such down timber as in his judgment may be

removed without damage to the park, the proceeds from such sales

being credited to the Treasury of the United States. If the State

of California designates a right-of-way for a bypass highway around

the eastern boundary of Prairie Creek Redwood State Park prior to

October 1, 1984, the Secretary is authorized and directed to

acquire such lands or interests in lands as may be necessary for

such a highway and, subject to such conditions as the Secretary may

determine are necessary to assure the adequate protection of

Redwood National Park, shall thereupon donate the designated

right-of-way to the State of California for a new bypass highway

from a point south of Prairie Creek Redwood State Park through the

drainage of May Creek and Boyes Creek to extend along the eastern

boundary of Prairie Creek Redwood State Park within Humboldt

County. Such acreage as may be necessary in the judgment of the

Secretary for this conveyance, and for a buffer thereof, shall be

deemed to be a publicly owned highway for purposes of section

79b(a) of this title effective on March 27, 1978.

(3) This subsection shall apply to ownerships of fifty acres or

less only if such ownerships are held or occupied primarily for

nonresidential or nonagricultural purposes, and if the Secretary

gives notice to the owner within sixty days after October 2, 1968,

of the application of this subsection. Notice by the Secretary

shall be deemed to have been made as of October 2, 1968. The

district court of the United States for that district in which such

ownerships are located shall have jurisdiction to hear and

determine any action brought by any person having an interest

therein for damages occurring by reason of the temporary

application of this paragraph, between October 2, 1968, and the

date upon which the Secretary gives such notice. Nothing in this

paragraph shall be construed as affecting the authority of the

Secretary under subsections (a) and (c) of this section to acquire

such areas for the purposes of this subchapter.

(c) Minimization of severance damages; costs not chargeable against

appropriations authorization

If any individual tract or parcel of land acquired is partly

inside and partly outside the boundaries of the park or the

administrative site the Secretary may, in order to minimize the

payment of severance damages, acquire the whole of the tract or

parcel and exchange that part of it which is outside the boundaries

for land or interests in land inside the boundaries or for other

land or interests in land acquired pursuant to this subchapter, and

dispose of so much thereof as is not so utilized in accordance with

the provisions of the Federal Property and Administrative Services

Act of 1949, as amended. The cost of any land so acquired and

disposed of shall not be charged against the limitation on

authorized appropriations contained in section 79j of this title.

(d) Lands for screen of trees along certain highway

The Secretary is further authorized to acquire, as provided in

subsection (a) of this section, lands and interests in land

bordering both sides of the highway between the present southern

boundary of Prairie Creek Redwood State Park and a point on Redwood

Creek near the town of Orick to a depth sufficient to maintain or

to restore a screen of trees between the highway and the land

behind the screen and the activities conducted thereon.

(e) Timber, soil, and stream protection; ''interests in land''

defined; notice to Congress of intended action, costs, and

benefits requisite for acquisitions, contracts, or cooperative

agreements; availability of funds; authorization of

appropriations; rehabilitative activities

In order to afford as full protection as is reasonably possible

to the timber, soil, and streams within the boundaries of the park,

the Secretary is authorized, by any of the means set out in

subsections (a) and (c) of this section, to acquire interests in

land from, and to enter into contracts and cooperative agreements

with, the owners of land on the periphery of the park and on

watersheds tributary to streams within the park designed to assure

that the consequences of forestry management, timbering, land use,

and soil conservation practices conducted thereon, or of the lack

of such practices, will not adversely affect the timber, soil, and

streams within the park as aforesaid. As used in this subsection,

the term ''interests in land'' does not include fee title unless

the Secretary finds that the cost of a necessary less-than-fee

interest would be disproportionately high as compared with the

estimated cost of the fee. No acquisition other than by donation

shall be effectuated and no contract or cooperative agreement shall

be executed by the Secretary pursuant to the provisions of this

subsection until after he has notified the President of the Senate

and the Speaker of the House of Representatives of his intended

action and of the costs and benefits to the United States involved

therein. Effective on March 27, 1978, there are made available

from the amounts provided in section 79j of this title or as may be

hereafter provided such sums as may be necessary for the

acquisition of interests in land. Effective on October 1, 1978,

there are authorized to be appropriated such sums as may be

necessary for the implementation of contracts and cooperative

agreements pursuant to this subsection: Provided, That it is the

express intent of Congress that the Secretary shall to the greatest

degree possible insure that such contracts and cooperative

agreements provide for the maximum retention of senior employees by

such owners and for their utilization in rehabilitation and other

efforts. The Secretary, in consultation with the Secretary of

Agriculture, is further authorized, pursuant to contract or

cooperative agreement with agencies of the Federal Executive, the

State of California, any political or governmental subdivision

thereof, any corporation, not-for-profit corporation, private

entity or person, to initiate, provide funds, equipment, and

personnel for the development and implementation of a program for

the rehabilitation of areas within and upstream from the park

contributing significant sedimentation because of past logging

disturbances and road conditions, and, to the extent feasible, to

reduce risk of damage to streamside areas adjacent to Redwood Creek

and for other reasons: Provided further, That authority to make

payments under this subsection shall be effective only to such

extent or in such amounts as are provided in advance in

appropriation Acts. Such contracts or cooperative agreements shall

be subject to such other conditions as the Secretary may determine

necessary to assure the adequate protection of Redwood National

Park generally, and to provide employment opportunities to those

individuals affected by this taking and to contribute to the

economic revival of Del Norte and Humboldt Counties in northern

California. The Secretary shall undertake and publish studies on

erosion and sedimentation originating within the hydrographic basin

of Redwood Creek with particular effort to identify sources and

causes, including differentiation between natural and

man-aggravated conditions, and shall adapt his general management

plan to benefit from the results of such studies. The Secretary,

or the Secretary of Agriculture, where appropriate, shall also

manage any additional Federal lands under his jurisdiction that are

within the hydrographic basin of Redwood Creek in a manner which

will minimize sedimentation which could affect the park, and in

coordination with plans for sediment management within the basin.

To effectuate the provisions of this subsection, and to further

develop scientific and professional information and data concerning

the Redwood Forest ecosystem, and the various factors that may

affect it, the Secretary may authorize access to the area subject

to this subsection by designated representatives of the United

States.

-SOURCE-

(Pub. L. 90-545, Sec. 3, Oct. 2, 1968, 82 Stat. 931; Pub. L.

95-250, title I, Sec. 101(a)(3)-(6), Mar. 27, 1978, 92 Stat.

163-165.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsecs. (b)(2) and (c), is act June 30,

1949, ch. 288, 63 Stat. 377, as amended. Except for title III of

the Act, which is classified generally to subchapter IV (Sec. 251

et seq.) of chapter 4 of Title 41, Public Contracts, the Act was

repealed and reenacted by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works.

Section 79b(a) of this title, referred to in subsec. (b)(2), was

in the original ''section 101(a)(2) of this amendment'', meaning

section 101(a)(2) of Pub. L. 95-250, which amended section 79b(a)

of this title.

-COD-

CODIFICATION

''Section 3114(a)-(d) of title 40'' substituted in subsec. (b)(2)

for ''section 258a of title 40, United States Code'' on authority

of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-MISC3-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-250, Sec. 101(a)(3), inserted

provisions authorizing the Secretary to accept donations of lands

owned by the State of California subject to such preexisting

reverters and other conditions as may appear in the title to those

lands and such other reverters and conditions as may be consistent

with the use and management of the donated lands as a portion of

the Redwood National Park and further authorizing the Secretary to

expend appropriated funds for permanent improvements on the donated

lands in a manner not inconsistent with the reverters and other

conditions.

Subsec. (b)(1). Pub. L. 95-250, Sec. 101(a)(4), expanded existing

provisions, effective Mar. 27, 1978, by inserting references to the

vesting in the United States of all right, title, and interest in,

and right to immediate possession of, all real property, and to

immediate possession of down tree personal property, within the

area indicated as ''Proposed Additions'' on the map entitled

''Additional Lands, Redwood National Park, California'', numbered

167-80005-D and dated March 1978, and inserted two unlettered

paragraphs relating, respectively, to the removal of down tree

personal property and to the continued access and use of acquired

roads.

Subsec. (b)(2). Pub. L. 95-250, Sec. 101(a)(5), struck out

provision for the bringing of actions in the Court of Claims, as

provided in section 1491 of title 28, against the United States for

the recovery of just compensation for the land and interests

therein taken by the United States and inserted provisions

directing that such actions, as well as actions for down tree

personal property taken, be brought in the United States district

court for the district where the land is located without regard to

the amount claimed, authorizing the United States to initiate

proceedings to determine just compensation and to deposit the

estimated just compensation in the registry of the court, making

provision for the revestment of title in cases where the Secretary

determines that fee simple title is not necessary, and otherwise

relating to the right-of-way for a new bypass highway.

Subsec. (e). Pub. L. 95-250, Sec. 101(a)(6), substituted ''until

after he has notified the President of the Senate'' for ''until

sixty days after he has notified the President of the Senate'' in

existing provisions and inserted provisions relating to the

availability of funds for the acquisition of interests in land, the

implementation of contracts and cooperative agreements pursuant to

this subsection, and rehabilitative activities generally designed

to minimize erosion and sedimentation in ways designed to assure

adequate protection for Redwood National Park, contribute to the

economic revival of Del Norte and Humboldt Counties in northern

California, and provide employment opportunities to individuals

affected by taking of land and interests in land.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79c-1, 79e, 79f, 79g,

79k, 79m of this title.

-CITE-

16 USC Sec. 79c-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79c-1. Vesting in United States of all right, title, etc., in

real property and down tree personal property in additional

lands; effective date; authorization of appropriations

-STATUTE-

Notwithstanding any provision of this subchapter the vesting in

the United States of all right, title, and interest in, and the

right to immediate possession of, all real property and all down

tree personal property within the area indicated as ''Proposed

Additions'' on the map entitled ''Additional Lands, Redwood

National Park, California,'' numbered 167-80005-D and dated March

1978, as established by section 79c(b)(1) of this title, shall be

effective on March 27, 1978. The provisions of section 79c(b)(3) of

this title, shall also relate to the effective date of this

section. From the appropriations authorized for fiscal year 1978

and succeeding fiscal years such sums as may be necessary may be

expended for the acquisition of lands and interests in lands, and

down tree personal property, authorized to be acquired, or

acquired, pursuant to the provisions of this Act.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 101(c), Mar. 27, 1978, 92 Stat.

166.)

-REFTEXT-

REFERENCES IN TEXT

Section 79c(b)(1) of this title, referred to in text, was in the

original ''subsection (a)(4) of the first section of this Act'',

meaning section 101(a)(4) of Pub. L. 95-250, which amended section

79c(b)(1) of this title.

This Act, referred to in text, means Pub. L. 95-250, Mar. 27,

1978, 92 Stat. 163, as amended, which, insofar as classified to the

Code, enacted sections 79c-1 and 79k to 79q of this title, amended

sections 1a-1, 79b, and 79c of this title, and enacted provisions

set out as a note under section 79k of this title. For complete

classification of this Act to the Code, see Tables.

The effective date of this section, referred to in text, probably

means the date of enactment of section 101 of Pub. L. 95-250, which

was approved Mar. 27, 1978.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-CITE-

16 USC Sec. 79d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79d. Acquisition of lands

-STATUTE-

(a) Owner's retention of right of use and occupancy for

noncommercial residential purposes for fixed term of years or

for life; election of term; fair market value; termination of

use and occupancy inconsistent with stated purpose and upon

payment of sum for unexpired right

The owner of improved property on the date of its acquisition by

the Secretary under this subchapter may, as a condition of such

acquisition, retain for himself and his heirs and assigns a right

of use and occupancy of the improved property for noncommercial

residential purposes for a definite term of not more than

twenty-five years or, in lieu thereof, for a term ending at the

death of the owner or the death of his spouse, whichever is later.

The owner shall elect the term to be reserved. Unless the property

is wholly or partially donated to the United States, the Secretary

shall pay the owner the fair market value of the property on the

date of acquisition minus the fair market value on that date of the

right retained by the owner. A right retained pursuant to this

section shall be subject to termination by the Secretary upon his

determination that it is being exercised in a manner inconsistent

with the purpose of this subchapter, and it shall terminate by

operation of law upon the Secretary's notifying the holder of the

right of such determination and tendering to him an amount equal to

the fair market value of that portion of the right which remains

unexpired.

(b) ''Improved property'' defined

The term ''improved property'', as used in this section, means a

detached, noncommercial residential dwelling, the construction of

which was begun before October 9, 1967, together with so much of

the land on which the dwelling is situated, the said land being in

the same ownership as the dwelling, as the Secretary shall

designate to be reasonably necessary for the enjoyment of the

dwelling for the sole purpose of noncommercial residential use,

together with any structures accessory to the dwelling which are

situated on the land so designated.

(c) Sale or lease of certain realty to former owner; conditions and

restrictions

The Secretary shall have, with respect to any real property

acquired by him in sections 5 and 8, township 13 north, range 1

east, Humboldt meridian, authority to sell or lease the same to the

former owner under such conditions and restrictions as will assure

that it is not utilized in a manner or for purposes inconsistent

with the national park.

-SOURCE-

(Pub. L. 90-545, Sec. 4, Oct. 2, 1968, 82 Stat. 933.)

-CITE-

16 USC Sec. 79e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79e. Exchange of property; cash equalization payments;

commercial operations, minimum economic dislocation and

disruption

-STATUTE-

In exercising his authority to acquire property by exchange, the

Secretary may accept title to any non-Federal property within the

boundaries of the park, and outside of such boundaries within the

limits prescribed in this subchapter. Notwithstanding any other

provision of law, the Secretary may acquire such property from the

grantor by exchange for any federally owned property under the

jurisdiction of the Bureau of Land Management in California, except

property needed for public use and management, which he classifies

as suitable for exchange or other disposal, or any federally owned

property he may designate within the Northern Redwood Purchase Unit

in Del Norte County, California, except that section known and

designated as the Yurok Experimental Forest, consisting of

approximately nine hundred and thirty-five acres. Such federally

owned property shall also be available for use by the Secretary in

lieu of, or together with, cash in payment of just compensation for

any real property taken pursuant to section 79c(b) of this title.

The values of the properties so exchanged either shall be

approximately equal or, if they are not approximately equal, the

value shall be equalized by the payment of cash to the grantor or

to the Secretary as the circumstances require. Through the

exercise of his exchange authority, the Secretary shall, to the

extent possible, minimize economic dislocation and the disruption

of the grantor's commercial operations.

-SOURCE-

(Pub. L. 90-545, Sec. 5, Oct. 2, 1968, 82 Stat. 933.)

-CITE-

16 USC Sec. 79f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79f. Transfer of property from Federal agency to

administrative jurisdiction of Secretary

-STATUTE-

Notwithstanding any other provision of law, any Federal property

located within any of the areas described in sections 79b and 79c

of this title may, with the concurrence of the head of the agency

having custody thereof, be transferred without consideration to the

administrative jurisdiction of the Secretary for use by him in

carrying out the provisions of this subchapter.

-SOURCE-

(Pub. L. 90-545, Sec. 6, Oct. 2, 1968, 82 Stat. 934.)

-CITE-

16 USC Sec. 79g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79g. Contract authorization within prescribed cost limits;

installments: duration, interest; provisions for payment of

judgments and compromise settlements applicable to judgments

against United States

-STATUTE-

(a) Notwithstanding any other provision of law, the Secretary

shall have the same authority with respect to contracts for the

acquisition of land and interests in land for the purposes of this

subchapter as was given the Secretary of the Treasury for other

land acquisitions by section 3171 of title 40, and the Secretary

and the owner of land to be acquired under this subchapter may

agree that the purchase price will be paid in periodic installments

over a period that does not exceed ten years, with interest on the

unpaid balance thereof at a rate which is not in excess of the

current average market yield on outstanding marketable obligations

of the United States with remaining periods to maturity comparable

to the average maturities on the installments.

(b) Judgments against the United States, including final partial

judgments and compromise settlements of claims referred to the

Attorney General for defense of suits against the United States,

for amounts in excess of the deposit in court in actions under

section 79c of this title shall be paid in accordance with the

provisions of section 1304 of title 31, and section 2414 of title

28. Final partial judgments and compromise settlements are payable

only after certification by the Attorney General to the Comptroller

General that it is in the interest of the United States to do so.

-SOURCE-

(Pub. L. 90-545, Sec. 7, Oct. 2, 1968, 82 Stat. 934; Pub. L.

99-151, title II, Sec. 203, Nov. 13, 1985, 99 Stat. 807.)

-COD-

CODIFICATION

''Section 3171 of title 40'' substituted in subsec. (a) for

''section 34 of the Act of May 30, 1908 (35 Stat. 545; 40 U.S.C.

261)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-151, in amending subsec. (b)

generally, inserted provisions relating to final partial judgments

and compromise settlements, substituted reference to actions under

section 79c of this title for reference to condemnation actions,

and deleted reference to section 2517 of title 28.

-CITE-

16 USC Sec. 79h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79h. Memorial groves named for benefactors

-STATUTE-

The present practice of the California Department of Parks and

Recreation of maintaining memorial groves of redwood trees named

for benefactors of the State redwood parks shall be continued by

the Secretary in the Redwood National Park.

-SOURCE-

(Pub. L. 90-545, Sec. 8, Oct. 2, 1968, 82 Stat. 934.)

-CITE-

16 USC Sec. 79i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79i. Administration

-STATUTE-

The Secretary shall administer the Redwood National Park in

accordance with the provisions of sections 1, 2, 3, and 4 of this

title, as amended and supplemented.

-SOURCE-

(Pub. L. 90-545, Sec. 9, Oct. 2, 1968, 82 Stat. 934.)

-CITE-

16 USC Sec. 79j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79j. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated $92,000,000 for

land acquisition to carry out the provisions of this subchapter.

-SOURCE-

(Pub. L. 90-545, Sec. 10, Oct. 2, 1968, 82 Stat. 934.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 79c of this title.

-CITE-

16 USC Sec. 79k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79k. Mitigation of adverse economic impacts to local economy

resulting from additional lands; analysis of Federal actions

necessary or desirable; consultations and considerations by

Secretaries concerned; reports to Congress; implementation of

programs; funding requirements

-STATUTE-

(a) The Secretary, in consultation with the Secretaries of

Agriculture, Commerce, and Labor, shall conduct an analysis of

appropriate Federal actions that may be necessary or desirable to

mitigate any adverse economic impacts to public and private

segments of the local economy, other than the owners of properties

taken by this Act, as a result of the addition of property to

Redwood National Park under sections 79b and 79c of this title.

The Secretaries shall also consider the benefits of making grants

or entering into contracts or cooperative agreements with the State

of California or Del Norte and Humboldt Counties as provided by

subsection (b) of this section for the purpose of development and

implementation of a program of forest resource improvement and

utilization, including, but not limited to, reforestation, erosion

control, and other forest land conservation measures, fisheries and

fish and wildlife habitat improvements, and wood energy

facilities. Not later than January 1, 1979, the Secretary shall

submit to the Speaker of the House of Representatives and the

President of the Senate a report of his analysis, including his

recommendations with respect to actions that should be taken to

mitigate any significant short-term and long-term adverse effects

on the local economy caused by such addition.

(b) The Secretary of Commerce and the Secretary of Labor, in

consultation with the Secretary, and pursuant to his study, shall

apply such existing programs as are necessary and appropriate to

further mitigate identified employment and other adverse economic

impacts on public and private segments of the local economy, other

than with regard to the payment of just compensation to the owners

of properties taken by this Act and by this subchapter. In

addition to the land rehabilitation and employment provisions of

this Act, which should have a substantial positive economic effect

on the local economy, the Secretaries of Commerce and Labor are

further authorized and directed to implement existing authorities

to establish employment programs, pursuant to such grants,

contracts and cooperative agreements with agencies of the Federal

Executive, the State of California, any political or governmental

subdivision thereof, any corporation, not-for-profit corporation,

private entity or person, for the development and implementation of

such programs, as, in the discretion of the Secretaries of Commerce

and Labor, may be necessary to provide employment opportunities to

those individuals affected by this taking and to contribute to the

economic revival of Del Norte and Humboldt Counties, in northern

California. Effective on October 1, 1978, there are authorized such

sums as may be necessary to carry out the employment and economic

mitigation provisions of this Act: Provided, That the authority to

make payments under this section shall be effective only to such

extent or in such amounts as are provided in advance in

appropriation Acts.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 102(a), (b), Mar. 27, 1978, 92 Stat.

166, 167.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 95-250, Mar. 27,

1978, 92 Stat. 163, as amended, which, insofar as classified to the

Code, enacted sections 79c-1, 79k to 79q of this title, amended

sections 1a-1, 79b, and 79c of this title, and enacted provisions

set out as a note under section 79k of this title. For complete

classification of this Act to the Code, see Tables.

Sections 79b and 79c of this title, referred to in subsec. (a),

was in the original ''the first section of this Act'', meaning

section 101 of Pub. L. 95-250. Provisions of section 101 relating

to the addition of property to Redwood National Park are classified

to sections 79b and 79c of this title.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-MISC3-

STUDY OF TIMBER HARVEST SCHEDULING ALTERNATIVES FOR SIX RIVERS

NATIONAL FOREST; SCOPE; REPORT TO CONGRESS

Section 102(c) of Pub. L. 95-250 directed Secretary of

Agriculture, within one year after Mar. 27, 1978, to prepare and

transmit to Congress a study of timber harvest scheduling

alternatives for Six Rivers National Forest, which alternatives

were to exclude timber inventories standing on units of Wilderness

Preservation System at time of study and were to be consistent with

laws applicable to management of national forests.

REFERENCE TO SECRETARY AS REFERENCE TO SECRETARY OF DEPARTMENT OF

THE INTERIOR; EXCEPTION

Section 109 of Pub. L. 95-250 provided that: ''Unless otherwise

indicated hereinbefore, a reference to the Secretary will refer to

the Secretary of the Department of the Interior, except in

subsections 103(d) through 103(i) (section 79l(d) to (i) of this

title), where a reference to the Secretary will refer to the

Secretary of the Department of Labor.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 79m of this title.

-CITE-

16 USC Sec. 79l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79l. Employment of personnel for rehabilitation, protection,

and improvements of additional lands

-STATUTE-

(a) Appointment and compensation of personnel for implementation of

protection and enhancement programs

In order to utilize the skills of individuals presently working

in the woods and in the mills to the greatest degree possible to

both ease the personal economic effects of this taking, and to

assist in the necessary rehabilitation, protection, and improvement

of lands acquired by this Act through implementation of sound

rehabilitation and land use practices, the Secretary shall have

power to appoint and fix the compensation of seven full-time and

thirty-one temporary personnel to assist in carrying out such

programs necessary for the protection and enhancement of Redwood

National Park.

(b) Appointment and compensation of personnel for administration of

expanded Park; appointment, etc., of additional personnel

In order to effectively administer the expanded Redwood National

Park created by this Act in a manner that will provide maximum

protection to its resources and to provide for maximum visitor use

and enjoyment to ease the local economic effects of this taking,

the Secretary shall have power to appoint and fix the compensation

of two full-time and twenty temporary employees in the competitive

service. The Secretary shall further have power to appoint and fix

the compensation of an additional thirty-two full-time and forty

temporary employees in the competitive service as provided by this

subsection at the time of the donation of those park lands or

interests in land owned by the State of California as are within

the boundaries of Redwood National Park as provided herein. In

filling these positions, preference shall be given to those State

employees affected by this transfer for a period not to exceed six

years from the date of transfer; permanent State civil service

employees shall be provided the opportunity to transfer to a

comparable Federal civil service classification notwithstanding

applicable civil service laws and regulations.

(c) Job positions subject to preferential treatment for affected

employees

An affected employee shall be given full consideration for

certain civilian jobs as provided in this section both with the

Federal Government and with those private employers that have

certain undertakings or programs that involve Federal participation

or approval for the period beginning on March 27, 1978, and ending

September 30, 1984, if the positions will be primarily located in

Humboldt or Del Norte Counties or other counties in California

adjacent thereto, and if the employee is otherwise qualified under

this section.

(d) Procedures applicable to Federal agencies for creating or

filling job positions; applicants subject to preferential

treatment; considerations for employment

(1) Any Federal agency that is creating or filling a civilian

Federal job that is within the scope of clause (2)(A) of this

subsection, pursuant to contract, civil service merit system, or

otherwise, that will be primarily located in Humboldt or Del Norte

Counties, California, or other counties in California adjacent

thereto, must provide notice in advance of the availability of that

job and must provide qualified affected employee applicants for

these positions with full consideration for these positions if the

further conditions set forth in clause (2)(B) of this subsection

are met. The notice required by this paragraph shall be as

provided by applicable law and regulation through the offices of

the Employment and Training Services located in Humboldt and Del

Norte Counties, California, and through such other means as are

likely to gain the attention of affected employees.

(2) Consideration for employment under this section shall be

provided under the following conditions:

(A) the job involves skills and training that could reasonably

be expected to have been gained by individuals who have been

employed as logging and related woods employees or sawmill,

plywood, and other wood processing employees, or office

employees, or that can reasonably be expected to be gained while

so employed, or pursuant to retraining as provided herein; and

(B) the applicant has the ability, or can reasonably be

expected to have the ability after appropriate training of

reasonable duration as further provided herein, to perform the

duties of the job: Provided, That the full consideration shall

not be required with respect to those affected employee

applicants requiring training in a situation where the schedule

for completion of the work is such that the period during which

said employee can reasonably be expected to work following

completion of training is determined by the Secretary to be

incommensurate with the time and funds required to provide said

employee with the necessary training.

(e) Private employer requirements for filling covered employment

positions with affected employees pursuant to Federal

contracts, etc.; procedures applicable and considerations for

employment

(1) Any Federal agency involved in the manner provided herein

with a private employer responsible for filing (FOOTNOTE 1) an

employment position that is within the scope of clause (2)(A) of

subsection (d) of this section, that will be primarily located in

Humboldt or Del Norte Counties, or other counties in California

adjacent thereto, is directed to require that any Federal

contracts, grants, subsidies, loans, or other forms of funding

assistance, and any Federal lease, permit, license, certificate, or

other entitlement for use, not constituting an existing property

right as of March 27, 1978, that is a condition to or a requirement

of the conduct of harvesting and related activities or replanting

and land rehabilitation or the conduct of wood processing and

related activities or the conduct of highway construction and

related activities shall be subject to and conditioned upon said

private employer giving full consideration to affected employees as

provided herein.

(FOOTNOTE 1) So in original. Probably should be ''filling''.

(2) Any private employer who participates with a Federal agency

in the manner described above and who is, accordingly, subject to

the requirements as provided herein, shall -

(A) provide notice of the availability of those jobs described

in subsection (d)(2)(A) of this section in the manner generally

provided by subsection (d)(1) of this section; and

(B) provide full consideration to qualified affected employee

applicants for these positions if the further conditions

established by clause (2)(B) of subsection (d) of this section

are met.

(f) Agreements with affected employers and industry employers for

full consideration to employment of affected employees formerly

employed by affected employers; implementation

The Secretary is directed to seek and authorized to enter into

agreements with affected employers and industry employers providing

that full consideration shall be given with respect to the

employment of affected employees who had been employed by affected

employers in jobs that may become available in Humboldt and Del

Norte Counties and other counties adjacent thereto. The execution

and carrying out of such an agreement, or the giving of full

consideration to the employment of affected employees under

subsection (c) of this section, shall not subject an employer to

any additional liability or obligations under any Federal or State

equal employment law, rule, regulation, or order.

(g) Implementation of requirements

(1) The Secretary, except as otherwise provided, shall be

responsible for the implementation of this section and -

(A) is authorized and directed to make needed training

available, upon application, to an affected employee applicant

who, although not presently qualified for a position, can be

reasonably expected to be qualified after appropriate training;

(B) is authorized to take such actions as may be necessary to

ensure that an affected employee is not denied full consideration

because of the need for training where there is no substantial

reason to believe that the applicant would be unable to perform

the duties of the job after proper training. If the job is one

which must be filled while the affected employee would be in

training, the Secretary shall encourage the employer to fill the

job only on a temporary basis subject to the successful

completion of the training by the affected employee;

(C) shall require that, in a case in which two or more affected

employee applicants have approximately equal qualifications for a

job for which they are to receive full consideration, that

applicant with the greatest creditable service shall be given

preference among those applicants entitled to full consideration;

and

(D) upon the filing of a complaint by an employee who alleges

that said employee's rights to full consideration were

disregarded, the Secretary shall make a finding on the merits of

such complaint. If it is determined that there has been

noncompliance with this section, the Secretary shall take such

action as may be appropriate to correct the situation.

(2) To assist in implementing this section, agencies shall notify

the Secretary, in advance, of any job opening as provided for by

subsection (d) of this section and of any Federal commitment as

provided for by subsection (e) of this section.

(3) The Secretary shall -

(A) seek the cooperation of the State of California and the

county and local governments within Humboldt and Del Norte

Counties in the implementation of the provisions of this section

and in the adoption of similar provisions for full consideration

of affected employees with regard to State, county, and local

jobs and activities; and

(B) appoint, from among nominees proposed by certified or

recognized unions representing employees, a person or persons who

shall serve as the Secretary's liaison with employees and their

union and as consultant to the Secretary with regard to the

administration of those provisions of this Act for which the

Secretary is responsible.

(h) Judicial review of determination of Secretary respecting

employee, etc.; procedures applicable

An employee, a group of employees, a certified or recognized

union, or an authorized representative of such employee or group,

aggrieved by any determination by the Secretary under this Act

shall be entitled to judicial review of such determination in the

same manner and under the same conditions as provided by section

2395 of title 19, except that such review shall be in the

appropriate court of appeals of the United States, and the judgment

of such court shall be subject to review by the Supreme Court of

the United States upon certiorari or certification as provided in

section 1254 of title 28.

(i) Additional or alternative rights under existing labor laws,

regulations, or contracts unaffected; compensation of employees

appointed to Federal jobs

Nothing in this section shall be construed to affect any

additional or alternative rights under a law, regulation, or

contract (including, but not limited to, veteran preference and

contracts between private employers and unions) in effect as of

March 27, 1978, and the implementation of this section shall be

carried out in accord with applicable civil service laws and

regulations except as otherwise provided for in this section.

Employees appointed to Federal jobs pursuant to this section shall

have their compensation fixed at rates not to exceed that now or

hereafter prescribed for the highest rate of grade 15 of the

General Schedule under section 5332 of title 5.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 103, Mar. 27, 1978, 92 Stat. 167;

Pub. L. 96-417, title VI, Sec. 602, Oct. 10, 1980, 94 Stat. 1744;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(b)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-417.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (b), (g)(3)(B), and (h),

means Pub. L. 95-250, Mar. 27, 1978, 92 Stat. 163, as amended,

which, insofar as classified to the Code, enacted sections 79c-1,

79k to 79q of this title, amended sections 1a-1, 79b, and 79c of

this title, and enacted provisions set out as a note under section

79k of this title. For complete classification of this Act to the

Code, see Tables.

The civil service laws, referred to in subsec. (b), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-MISC3-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 405(b)(1)), struck out at end ''In filling these positions,

preference shall be given to affected employees (as defined in

title II of this Act) for a period ending on September 30, 1984,

notwithstanding applicable civil service laws and regulations.''

Subsec. (b). Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

405(b)(2)), struck out after first sentence ''In filling these

positions, preference shall be given to affected employees (as

defined in title II) for a period ending on September 30, 1984,

notwithstanding applicable civil service laws and regulations.''

1980 - Subsec. (h). Pub. L. 96-417 substituted provision for

judicial review under section 2395 of title 19 for review under

section 2322 of title 19 and provided for review in the appropriate

court of appeals of the United States and for review of the

judgment of the court of appeals by the Supreme Court of the United

States upon certiorari or certification as provided in section 1254

of title 28.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

REFERENCE TO SECRETARY AS REFERENCE TO SECRETARY OF DEPARTMENT OF

THE INTERIOR; EXCEPTION

Reference to Secretary, unless otherwise indicated, as reference

to Secretary of Department of the Interior, except for purposes of

subsecs. (d) to (i) of this section, where reference to Secretary

shall refer to Secretary of the Department of Labor, see section

109 of Pub. L. 95-250, set out as a note under section 79k of this

title.

-CITE-

16 USC Sec. 79m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79m. Annual reporting requirements; contents; comprehensive

general management plan; submission date and scope

-STATUTE-

(a) The Secretary shall submit an annual written report to the

Congress on January 1, 1979, and annually thereafter for ten years,

reporting on the status of payment by the Secretary for real

property acquired pursuant to section 79c(b)(1) and section 79b of

this title; the status of the actions taken regarding land

management practices and watershed rehabilitation efforts

authorized by section 79c(e) and section 79k(b) of this title; the

status of the efforts to mitigate adverse economic impacts as

directed by this Act; this (FOOTNOTE 1) status of National Park

Service employment requirements as authorized by section 79l of

this title; the status of the new bypass highway and of the

agreement for the donation of the State park lands as contemplated

by section 79c(b)(2) of this title; and, the status of the National

Park Service general management plan for the park.

(FOOTNOTE 1) So in original. Probably should be ''the''.

(b) No later than January 1, 1980, the Secretary shall submit to

the Committee on Interior and Insular Affairs of the House of

Representatives, and to the Committee on Energy and Natural

Resources of the Senate, a comprehensive general management plan

for Redwood National Park, to include but not be limited to the

following:

(1) the objectives, goals, and proposed actions designed to

assure the preservation and perpetuation of a natural redwood

forest ecosystem;

(2) the type and level of visitor use to be accommodated by the

park, by specific area, with specific indications of carrying

capacities consistent with the protection of park resources;

(3) the type, extent, and estimated cost of development

proposed to accommodate visitor use and to protect the resource,

to include anticipated location of all major development areas,

roads, and trails; and

(4) the specific locations and types of foot trail access to

the Tall Trees Grove, of which one route shall, unless shown by

the Secretary to be inadvisable, principally traverse the east

side of Redwood Creek through the essentially virgin forest,

connecting with the roadhead on the west side of the park east of

Orick.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 104, Mar. 27, 1978, 92 Stat. 170.)

-REFTEXT-

REFERENCES IN TEXT

Section 79c(b)(1) of this title, referred to in subsec. (a), was

in the original ''section 101(a)(4) . . . of this amendment'',

meaning section 101(a)(4) of Pub. L. 95-250, which amended section

79c(b)(1) of this title.

Section 79b of this title, referred to in subsec. (a), was in the

original ''section 101(a)(2) of this amendment'', meaning section

101(a)(2) of Pub. L. 95-250, which amended subsecs. (a) and (b),

and added subsec. (c), of section 79b of this title.

Section 79c(e) of this title, referred to in subsec. (a), was in

the original ''section 101(a)(6) . . . of this amendment'', meaning

section 101(a)(6) of Pub. L. 95-250, which amended section 79c(e)

of this title.

Section 79k(b) of this title, referred to in subsec. (a), was in

the original ''section 102(b) of this amendment'', meaning section

102(b) of Pub. L. 95-250, which enacted section 79k(b) of this

title.

This Act, referred to in subsec. (a), means Pub. L. 95-250, Mar.

27, 1978, 92 Stat. 163, as amended, which, insofar as classified to

the Code, enacted sections 79c-1, 79k to 79q of this title, amended

sections 1a-1, 79b, and 79c of this title, and enacted provisions

set out as a note under section 79k of this title. For complete

classification of this Act to the Code, see Tables.

Section 79l of this title, referred to in subsec. (a), was in the

original ''section 102 of this amendment'', meaning section 103 of

Pub. L. 95-250, which enacted section 79l of this title.

Section 79c(b)(2) of this title, referred to in subsec. (a), was

in the original ''section 101(a)(5) of this amendment'', meaning

section 101(a)(5) of Pub. L. 95-250, which amended section

79c(b)(2) of this title.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-MISC4-

REFERENCE TO SECRETARY AS REFERENCE TO SECRETARY OF DEPARTMENT OF

THE INTERIOR; EXCEPTION

Reference to Secretary, unless otherwise indicated, as reference

to Secretary of Department of the Interior, see section 109 of Pub.

L. 95-250, set out as a note under section 79k of this title.

-CITE-

16 USC Sec. 79n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79n. Authorization of appropriations for rehabilitation

programs

-STATUTE-

Effective on October 1, 1978, there are hereby authorized to be

appropriated $33,000,000 to carry out the rehabilitation provisions

of this Act.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 105, Mar. 27, 1978, 92 Stat. 171.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 95-250, Mar. 27,

1978, 92 Stat. 163, as amended, which, insofar as classified to the

Code, enacted sections 79c-1, 79k to 79q of this title, amended

sections 1a-1, 79b, and 79c of this title, and enacted provisions

set out as a note under section 79k of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-CITE-

16 USC Sec. 79o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79o. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96

Stat. 1068

-MISC1-

Section, Pub. L. 95-250, title I, Sec. 106, Mar. 27, 1978, 92

Stat. 171, related to payments to local government units for

entitlement lands within the Redwood National Park. See section

6905 of Title 31, Money and Finance.

-CITE-

16 USC Sec. 79p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79p. Community services and employment opportunities of

Redwoods United, Inc. to be maintained at present rate of

employment

-STATUTE-

The Secretary is further authorized, and the Congress

specifically directs that it shall be a purpose of this Act, that

the community services and employment opportunities provided by

Redwoods United, Incorporated, a nonprofit corporation located in

Manila, California, shall be maintained at the present rate of

employment to the greatest degree practicable.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 107, Mar. 27, 1978, 92 Stat. 171.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 95-250, Mar. 27,

1978, 92 Stat. 163, as amended, which, insofar as classified to the

Code, enacted sections 79c-1, 79k to 79q of this title, amended

sections 1a-1, 79b, and 79c of this title, and enacted provisions

set out as a note under section 79k of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-MISC3-

REFERENCE TO SECRETARY AS REFERENCE TO SECRETARY OF DEPARTMENT OF

THE INTERIOR; EXCEPTION

Reference to Secretary, unless otherwise indicated, as reference

to Secretary of Department of the Interior, see section 109 of Pub.

L. 95-250, set out as a note under section 79k of this title.

-CITE-

16 USC Sec. 79q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-

Sec. 79q. Pledge of full faith and credit of United States for

payment of compensation for lands, etc., taken

-STATUTE-

The Congress further acknowledges and directs that the full faith

and credit of the United States is pledged to the prompt payment of

just compensation as provided for by the fifth amendment to the

Constitution of the United States for those lands and properties

taken by this Act.

-SOURCE-

(Pub. L. 95-250, title I, Sec. 108, Mar. 27, 1978, 92 Stat. 172.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 95-250, Mar. 27,

1978, 92 Stat. 163, as amended, which, insofar as classified to the

Code, enacted sections 79c-1, 79k to 79q of this title, amended

sections 1a-1, 79b, and 79c of this title, and enacted provisions

set out as a note under section 79k of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,

82 Stat. 931, which comprises this subchapter.

-CITE-

16 USC SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

.

-HEAD-

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-CITE-

16 USC Sec. 80 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80. Establishment; boundaries; preservation of rights of

citizens

-SOURCE-

(Mar. 4, 1940, ch. 40, Sec. 1, 54 Stat. 41.)

-MISC1-

ADDITIONS TO KINGS CANYON NATIONAL PARK

The following provision authorized the addition of lands to Kings

Canyon National Park: Pub. L. 98-425, title I, Sec. 105(a)(1),

Sept. 28, 1984, 98 Stat. 1626.

-CITE-

16 USC Sec. 80a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80a. General Grant National Park abolished; lands added to

Kings Canyon National Park

-STATUTE-

The General Grant National Park is abolished, and the west half

of section 33, township 13 south, range 28 east, and west half of

section 4, all of section 8 and the northwest quarter of section 9,

township 14 south, range 28 east, Mount Diablo meridian,

California, together with the lands formerly within the General

Grant National Park, California, and particularly described as

follows, to wit: All of sections 31 and 32, township 13 south,

range 28 east, and sections 5 and 6, township 14 south, range 28

east, of the same meridian, are, subject to valid existing rights,

added to and made a part of the Kings Canyon National Park and such

lands shall be known as the General Grant grove section of the said

park. The General Grant grove section of the Kings Canyon National

Park may, by proclamation of the President, be extended to include

the following described lands, to wit: Section 9, south half,

section 10, southwest quarter, and that part of the east half south

of Generals Highway; section 11, that part south of Generals

Highway; section 13, that part south of Generals Highway; section

14, that part south of Generals Highway, section 15, east half,

northwest quarter, and the southeast quarter of the southwest

quarter, section 21, southeast quarter of the northeast quarter,

and the east half of the southeast quarter; section 22, east half,

east half of the northwest quarter, southwest quarter of the

northwest quarter and southwest quarter; section 23; section 24,

that part south of Generals Highway; sections 25 and 26; section

27, east half, northwest quarter, and that part of the southwest

quarter north and east of the crest of Redwood Mountain; section

34, that part east of the crest of Redwood Mountain; sections 35

and 36, township 14 south, range 28 east; all of sections 1 and 2;

section 3, that part east of the crest of Redwood Mountain; section

11, that part east and north of the crest of Redwood Mountain; all

of section 12; section 13, that part north of the Sequoia National

Park boundary, township 15 south, range 28 east, Mount Diablo

meridian, which shall be subject to all laws, rules, and

regulations applicable to the said park. Such extension of the

General Grant grove section of the said park shall not interfere

with the movement of stock and vehicular traffic without charge,

under general regulations to be prescribed by the Secretary of the

Interior, to and from national forest lands on either side of the

said park extension. The Kings Canyon National Park shall receive

and use all moneys prior to or after March 4, 1940, appropriated

for General Grant National Park.

-SOURCE-

(Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43.)

-MISC1-

NATION'S CHRISTMAS TREE

Joint Res. Mar. 29, 1956, ch. 98, 70 Stat. 57, provided: ''That

the General Grant tree, which is located in the Kings Canyon

National Park, in Fresno County, California, and which was

dedicated by the Federal Government in 1926 as the Nation's

Christmas Tree, is hereby declared to be a national shrine in

memory of the men and women of the Armed Forces who have served and

fought and died to keep this Nation free and to preserve the

spiritual, human, and civil rights which are the essence of our

American heritage. The Secretary of the Interior, through the

National Park Service, shall make appropriate provision for the

perpetual care and maintenance of such shrine.

''Sec. 2. Nothing in this Act shall be deemed to change the name

of the General Grant tree.''

ADJUSTMENT OF BOUNDARIES AND RIGHTS

Act June 5, 1942, ch. 333, Sec. 1, 2, 56 Stat. 310, authorized

the Secretary of the Interior to adjust the boundaries of privately

owned lands in the General Grant grove section of Kings Canyon

National Park in accordance with a survey made by the county

surveyor of Tulare County, California; to amend existing patents or

relinquish or grant parcels of land therein according to said

survey; and to pay from departmental appropriations expenses of

surveys and investigations necessary to carry out provisions of

this act.

-CITE-

16 USC Sec. 80a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80a-1. Lands excluded from Kings Canyon National Park and

added to Sequoia National Forest

-STATUTE-

For the purpose of improving the boundary of Kings Canyon

National Park, California, and excluding therefrom certain land

that is no longer needed for park purposes, that particular area of

the park, comprising approximately 160 acres, lying west of the

section line between sections 21 and 22, and lying west of the

section line between sections 27 and 28, township 13 south, range

30 east, Mount Diablo meridian, is excluded from the park.

Land excluded from the park by this section on and after August

14, 1958 shall be a part of the Sequoia National Forest.

-SOURCE-

(Pub. L. 85-666, Sec. 1, Aug. 14, 1958, 72 Stat. 616.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54

Stat. 41, which comprises this subchapter.

-CITE-

16 USC Sec. 80a-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80a-2. Lands excluded from Sequoia National Forest and added

to Kings Canyon National Park

-STATUTE-

For the purpose of facilitating park road maintenance, and to

include in the park certain property that is desirable for future

use and development, the following land situated in section 7,

township 14 south, range 28 east, Mount Diablo meridian, is

excluded from the Sequoia National Forest and added to the Kings

Canyon National Park:

East half northeast quarter, east half west half northeast

quarter, northeast quarter southeast quarter, east half northwest

quarter southeast quarter, and those portions of the southeast

quarter southeast quarter and of the east half southwest quarter

southeast quarter, lying north of the right-of-way of State Highway

180.

-SOURCE-

(Pub. L. 85-666, Sec. 2, Aug. 14, 1958, 72 Stat. 617.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54

Stat. 41, which comprises this subchapter.

-CITE-

16 USC Sec. 80a-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80a-3. Lands excluded from Sierra National Forest and Sequoia

National Forest and added to Kings Canyon National Park

-STATUTE-

All lands in Tehipite Valley within the Sierra National Forest

lying north of a line described as follows:

Beginning at a point on the existing west boundary of the Kings

Canyon National Park on the hydrographic divide on the southwest

side of the Gorge of Despair in section 13, township 12 south,

range 29 east, Mount Diablo base and meridian, being the crest of

a ridge designated as Silver Spur;

thence following the crest of Silver Spur westerly to the

intersection with the west line of section 14, township 12 south,

range 29 east; thence northwesterly in a straight line across the

middle fork of the Kings River to the point of intersection of

the right bank of a stream or intermittent stream and the

4,400-foot contour north of Tombstone Ridge, in section 15,

township 12 south, range 29 east, being a point on the existing

west boundary of the park;

and all lands in the Cedar Grove area of the Sequoia National

Forest lying east of the west section lines of sections 11 and 14,

township 13 south, range 30 east, Mount Diablo base and meridian,

are hereby excluded from the said national forests and made a part

of the Kings Canyon National Park, subject to all the laws and

regulations applicable to such park.

-SOURCE-

(Pub. L. 89-111, Aug. 6, 1965, 79 Stat. 446.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54

Stat. 41, which comprises this subchapter.

-CITE-

16 USC Sec. 80b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80b. Administration for public recreational purposes

-STATUTE-

The National Park Service shall, under the rules and regulations

to be prescribed by the Secretary of the Interior, administer for

public recreational purposes the lands withdrawn.

-SOURCE-

(Mar. 4, 1940, ch. 40, Sec. 3, 54 Stat. 44.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 80c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80c. Motor-vehicle licenses for Sequoia National Park as

applicable; limitation of privileges within park

-STATUTE-

Any motor-vehicle license issued for Sequoia National Park shall

be applicable to Kings Canyon National Park, and vice versa:

Provided, That in order to insure the permanent preservation of the

wilderness character of the Kings Canyon National Park the

Secretary of the Interior may, in his discretion, limit the

character and number of privileges that he may grant within the

Kings Canyon National Park.

-SOURCE-

(Mar. 4, 1940, ch. 40, Sec. 4, 54 Stat. 44; Aug. 17, 1950, ch. 730,

64 Stat. 458.)

-MISC1-

AMENDMENTS

1950 - Act Aug. 17, 1950, struck out last sentence which

restricted concessionaires to a five-year term.

-CITE-

16 USC Sec. 80d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80d. Administration, protection, and development

-STATUTE-

The administration, protection, and development of the Kings

Canyon National Park shall be exercised under the direction of the

Secretary of the Interior by the National Park Service, subject to

the provisions of sections 1, 2, 3, and 4 of this title, as

amended.

-SOURCE-

(Mar. 4, 1940, ch. 40, Sec. 5, 54 Stat. 44.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 80d-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80d-1. Use of appropriations for road construction

-STATUTE-

After June 22, 1946, no part of appropriations made for the

National Park Service shall be available for road construction in

Kings Canyon National Park, California, except on the floor of the

canyon of the South Fork of the Kings River and the Grant Grove

section of that park.

-SOURCE-

(July 1, 1946, ch. 529, Sec. 1, 60 Stat. 377.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54

Stat. 41, which comprises this subchapter.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 80e to 80h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER VIII - KINGS CANYON NATIONAL PARK

-HEAD-

Sec. 80e to 80h. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 80e, act Apr. 23, 1946, ch. 202, Sec. 1, 60 Stat. 119,

related to appointment and jurisdiction of commissioner. See

provisions covering United States magistrate judges in section 631

et seq. of Title 28, Judiciary and Judicial Procedure.

Section 80f, act Apr. 23, 1946, ch. 202, Sec. 2, 60 Stat. 119,

related to arrests for violations of rules and petty offenses.

Section 80g, act Apr. 23, 1946, ch. 202, Sec. 3, 60 Stat. 120,

related to arrests for criminal offenses, and is now covered by

section 3041 of Title 18, Crimes and Criminal Procedure, and rules

4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18,

Appendix.

Section 80h, act Apr. 23, 1946, ch. 202, Sec. 4, 60 Stat. 120,

related to payment and disposition of fees, costs, and expenses.

-CITE-

16 USC SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

.

-HEAD-

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-CITE-

16 USC Sec. 81 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81. Establishment; statement of purposes

-STATUTE-

Upon proclamation of the President, as herein provided,

sufficient of the areas hereinafter specified for the purposes of

this subchapter shall be established and set apart as the Colonial

National Historical Park for the preservation of the historical

structures and remains thereon and for the benefit and enjoyment of

the people.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 1, 46 Stat. 855; June 5, 1936, ch.

525, Sec. 2, 49 Stat. 1483.)

-COD-

CODIFICATION

Section was formerly classified to section 443 of this title.

-CHANGE-

CHANGE OF NAME

Section 2 of act June 5, 1936, provided: ''That the area now

within the Colonial National Monument, together with such additions

as may hereafter be made thereto, pursuant to section 1 hereof

(section 81b of this title), shall be known as the 'Colonial

National Historical Park', under which name the aforesaid national

park shall be entitled to receive and to use all moneys heretofore

or hereafter appropriated for the Colonial National Monument.''

-MISC4-

JAMESTOWN 400TH COMMEMORATION COMMISSION

Pub. L. 106-565, Dec. 23, 2000, 114 Stat. 2812, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Jamestown 400th Commemoration

Commission Act of 2000'.

''SEC. 2. FINDINGS AND PURPOSE.

''(a) Findings. - Congress finds that -

''(1) the founding of the colony at Jamestown, Virginia in

1607, the first permanent English colony in the New World, and

the capital of Virginia for 92 years, has major significance in

the history of the United States;

''(2) the settlement brought people from throughout the

Atlantic Basin together to form a multicultural society,

including English, other Europeans, Native Americans, and

Africans;

''(3) the economic, political, religious, and social

institutions that developed during the first 9 decades of the

existence of Jamestown continue to have profound effects on the

United States, particularly in English common law and language,

cross cultural relationships, and economic structure and status;

''(4) the National Park Service, the Association for the

Preservation of Virginia Antiquities, and the Jamestown-Yorktown

Foundation of the Commonwealth of Virginia collectively own and

operate significant resources related to the early history of

Jamestown; and

''(5) in 1996 -

''(A) the Commonwealth of Virginia designated the

Jamestown-Yorktown Foundation as the State agency responsible

for planning and implementing the Commonwealth's portion of the

commemoration of the 400th anniversary of the founding of the

Jamestown settlement;

''(B) the Foundation created the Celebration 2007 Steering

Committee, known as the Jamestown 2007 Steering Committee; and

''(C) planning for the commemoration began.

''(b) Purpose. - The purpose of this Act is to establish the

Jamestown 400th Commemoration Commission to -

''(1) ensure a suitable national observance of the Jamestown

2007 anniversary by complementing the programs and activities of

the State of Virginia;

''(2) cooperate with and assist the programs and activities of

the State in observance of the Jamestown 2007 anniversary;

''(3) assist in ensuring that Jamestown 2007 observances

provide an excellent visitor experience and beneficial

interaction between visitors and the natural and cultural

resources of the Jamestown sites;

''(4) assist in ensuring that the Jamestown 2007 observances

are inclusive and appropriately recognize the experiences of all

people present in 17th century Jamestown;

''(5) provide assistance to the development of

Jamestown-related programs and activities;

''(6) facilitate international involvement in the Jamestown

2007 observances;

''(7) support and facilitate marketing efforts for a

commemorative coin, stamp, and related activities for the

Jamestown 2007 observances; and

''(8) assist in the appropriate development of heritage tourism

and economic benefits to the United States.

''SEC. 3. DEFINITIONS.

''In this Act:

''(1) Commemoration. - The term 'commemoration' means the

commemoration of the 400th anniversary of the founding of the

Jamestown settlement.

''(2) Commission. - The term 'Commission' means the Jamestown

400th Commemoration Commission established by section 4(a).

''(3) Governor. - The term 'Governor' means the Governor of the

State.

''(4) Secretary. - The term 'Secretary' means the Secretary of

the Interior.

''(5) State. -

''(A) In general. - The term 'State' means the State of

Virginia.

''(B) Inclusions. - The term 'State' includes agencies and

entities of the State.

''SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.

''(a) In General. - There is established a commission to be known

as the 'Jamestown 400th Commemoration Commission'.

''(b) Membership. -

''(1) In general. - The Commission shall be composed of 16

members, of whom -

''(A) four members shall be appointed by the Secretary,

taking into consideration the recommendations of the

Chairperson of the Jamestown 2007 Steering Committee;

''(B) four members shall be appointed by the Secretary,

taking into consideration the recommendations of the Governor;

''(C) two members shall be employees of the National Park

Service, of which -

''(i) one shall be the Director of the National Park

Service (or a designee); and

''(ii) one shall be an employee of the National Park

Service having experience relevant to the commemoration, to

be appointed by the Secretary; and

''(D) five members shall be individuals that have an interest

in, support for, and expertise appropriate to, the

commemoration, to be appointed by the Secretary.

''(2) Term; vacancies. -

''(A) Term. - A member of the Commission shall be appointed

for the life of the Commission.

''(B) Vacancies. -

''(i) In general. - A vacancy on the Commission shall be

filled in the same manner in which the original appointment

was made.

''(ii) Partial term. - A member appointed to fill a vacancy

on the Commission shall serve for the remainder of the term

for which the predecessor of the member was appointed.

''(3) Meetings. -

''(A) In general. - The Commission shall meet -

''(i) at least twice each year; or

''(ii) at the call of the Chairperson or the majority of

the members of the Commission.

''(B) Initial meeting. - Not later than 30 days after the

date on which all members of the Commission have been

appointed, the Commission shall hold the initial meeting of the

Commission.

''(4) Voting. -

''(A) In general. - The Commission shall act only on an

affirmative vote of a majority of the members of the

Commission.

''(B) Quorum. - A majority of the Commission shall constitute

a quorum.

''(5) Chairperson. - The Secretary shall appoint a Chairperson

of the Commission, taking into consideration any recommendations

of the Governor.

''(c) Duties. -

''(1) In general. - The Commission shall -

''(A) plan, develop, and execute programs and activities

appropriate to commemorate the 400th anniversary of the

founding of Jamestown;

''(B) generally facilitate Jamestown-related activities

throughout the United States;

''(C) encourage civic, patriotic, historical, educational,

religious, economic, and other organizations throughout the

United States to organize and participate in anniversary

activities to expand the understanding and appreciation of the

significance of the founding and early history of Jamestown;

''(D) coordinate and facilitate for the public scholarly

research on, publication about, and interpretation of,

Jamestown; and

''(E) ensure that the 400th anniversary of Jamestown provides

a lasting legacy and long-term public benefit by assisting in

the development of appropriate programs and facilities.

''(2) Plans; reports. -

''(A) Strategic plan; annual performance plans. - In

accordance with the Government Performance and Results Act of

1993 (Public Law 103-62; 107 Stat. 285) (see Short Title of

1993 Amendment note set out under section 1101 of Title 31,

Money and Finance), the Commission shall prepare a strategic

plan and annual performance plans for the activities of the

Commission carried out under this Act.

''(B) Final report. - Not later than September 30, 2008, the

Commission shall complete a final report that contains -

''(i) a summary of the activities of the Commission;

''(ii) a final accounting of funds received and expended by

the Commission; and

''(iii) the findings and recommendations of the Commission.

''(d) Powers of the Commission. - The Commission may -

''(1) accept donations and make dispersions of money, personal

services, and real and personal property related to Jamestown and

of the significance of Jamestown in the history of the United

States;

''(2) appoint such advisory committees as the Commission

determines to be necessary to carry out this Act;

''(3) authorize any member or employee of the Commission to

take any action that the Commission is authorized to take by this

Act;

''(4) procure supplies, services, and property, and make or

enter into contracts, leases or other legal agreements, to carry

out this Act (except that any contracts, leases or other legal

agreements made or entered into by the Commission shall not

extend beyond the date of termination of the Commission);

''(5) use the United States mails in the same manner and under

the same conditions as other Federal agencies;

''(6) subject to approval by the Commission, make grants in

amounts not to exceed $10,000 to communities and nonprofit

organizations to develop programs to assist in the commemoration;

''(7) make grants to research and scholarly organizations to

research, publish, or distribute information relating to the

early history of Jamestown; and

''(8) provide technical assistance to States, localities, and

nonprofit organizations to further the commemoration.

''(e) Commission Personnel Matters. -

''(1) Compensation of members of the commission. -

''(A) In general. - Except as provided in subparagraph (B), a

member of the Commission shall serve without compensation.

''(B) Federal employees. - A member of the Commission who is

an officer or employee of the Federal Government shall serve

without compensation in addition to the compensation received

for the services of the member as an officer or employee of the

Federal Government.

''(C) Travel expenses. - A member of the Commission shall be

allowed travel expenses, including per diem in lieu of

subsistence, at rates authorized for an employee of an agency

under subchapter I of chapter 57 of title 5, United States

Code, while away from the home or regular place of business of

the member in the performance of the duties of the Commission.

''(2) Staff. -

''(A) In general. - The Chairperson of the Commission may,

without regard to the civil service laws (including

regulations), appoint and terminate an executive director and

such other additional personnel as are necessary to enable the

Commission to perform the duties of the Commission.

''(B) Confirmation of executive director. - The employment of

an executive director shall be subject to confirmation by the

Commission.

''(3) Compensation. -

''(A) In general. - Except as provided in subparagraph (B),

the Chairperson of the Commission may fix the compensation of

the executive director and other personnel without regard to

the provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification of

positions and General Schedule pay rates.

''(B) Maximum rate of pay. - The rate of pay for the

executive director and other personnel shall not exceed the

rate payable for level V of the Executive Schedule under

section 5316 of title 5, United States Code.

''(4) Detail of government employees. -

''(A) Federal employees. -

''(i) In general. - On the request of the Commission, the

head of any Federal agency may detail, on a reimbursable or

non-reimbursable basis, any of the personnel of the agency to

the Commission to assist the Commission in carrying out the

duties of the Commission under this Act.

''(ii) Civil service status. - The detail of an employee

under clause (i) shall be without interruption or loss of

civil service status or privilege.

''(B) State employees. - The Commission may -

''(i) accept the services of personnel detailed from States

(including subdivisions of States); and

''(ii) reimburse States for services of detailed personnel.

''(5) Volunteer and uncompensated services. - Notwithstanding

section 1342 of title 31, United States Code, the Commission may

accept and use voluntary and uncompensated services as the

Commission determines necessary.

''(6) Support services. - The Director of the National Park

Service shall provide to the Commission, on a reimbursable basis,

such administrative support services as the Commission may

request.

''(f) Procurement of Temporary and Intermittent Services. - The

Chairperson of the Commission may procure temporary and

intermittent services in accordance with section 3109(b) of title

5, United States Code, at rates for individuals that do not exceed

the daily equivalent of the annual rate of basic pay prescribed for

level V of the Executive Schedule under section 5316 of that title.

''(g) FACA Nonapplicability. - Section 14(b) of the Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to the

Commission.

''(h) No Effect on Authority. - Nothing in this section

supersedes the authority of the State, the National Park Service,

or the Association for the Preservation of Virginia Antiquities,

concerning the commemoration.

''(i) Termination. - The Commission shall terminate on December

31, 2008.

''SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated such sums as are

necessary to carry out this Act.''

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 127), Dec.

21, 2000, 114 Stat. 2763, 2763A-229, 2763A-359, enacted provisions

substantially identical to those enacted by Pub. L. 106-565, set

out above.

-CITE-

16 USC Sec. 81a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81a. Location and boundaries

-STATUTE-

The Secretary of the Interior is authorized and directed to make

an examination of Jamestown Island, parts of the city of

Williamsburg, and the Yorktown battlefield, all in the State of

Virginia, and areas for highways to connect said island, city, and

battlefield with a view to determining the area or areas thereof

desirable for inclusion in the said Colonial National Historical

Park, not to exceed two thousand five hundred acres of the said

battlefield or five hundred feet in width as to such connecting

areas, and upon completion thereof he shall make appropriate

recommendations to the President, who shall establish the

boundaries of said national park by proclamation: Provided, That

the boundaries so established may be enlarged or diminished by

subsequent proclamation or proclamations of the President upon the

recommendations of the Secretary of the Interior, any such

enlargement only to include lands donated to the United States or

purchased by the United States without resort to condemnation.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 2, 46 Stat. 855; June 5, 1936, ch.

525, Sec. 2, 49 Stat. 1483.)

-COD-

CODIFICATION

Section was formerly classified to section 443a of this title.

-CHANGE-

CHANGE OF NAME

Act June 5, 1936, changed ''Colonial National Monument'' to

''Colonial National Historical Park''.

-MISC4-

BOUNDARIES OF PARK

Boundaries were established by Presidential Proc. No. 1929, Dec.

30, 1930, 46 Stat. 3041, and Proc. No. 2055, Aug. 22, 1933, 48

Stat. 1706.

-CITE-

16 USC Sec. 81b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81b. Revision of boundaries

-STATUTE-

Subject to all the laws and regulations applicable to the

Colonial National Historical Park, the boundaries of said

historical park as established by section 81a of this title and as

defined by Presidential Proclamation Numbered 2055, dated August

22, 1933 (48 Stat. 1706), are revised by the elimination of the

parkway area described in said proclamation as running north and

west of the city of Williamsburg to Jamestown Island, and the

substitution therefor of a parkway area running southerly through

or around the city of Williamsburg, thence continuing south of said

city to the James River and thence along said river and connecting

waters to Jamestown Island, the exact location of which shall be

determined by the Secretary of the Interior: Provided, That said

parkway area shall not exceed an average of five hundred feet in

width outside the city of Williamsburg: And provided further, That

condemnation proceedings shall not be had, exercised, or resorted

to as to any lands in the city of Williamsburg except such lands as

may be required for a right-of-way not exceeding two hundred feet

in width through said city to connect with highways or parkways

leading from Williamsburg to Jamestown and Yorktown.

-SOURCE-

(June 28, 1938, ch. 775, Sec. 1, 52 Stat. 1208.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-CHANGE-

CHANGE OF NAME

Act June 5, 1936, changed ''Colonial National Monument'' to

''Colonial National Historical Park''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 81p of this title.

-CITE-

16 USC Sec. 81c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81c. Addition of lands

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to acquire by purchase and/or accept by donation, in behalf of the

United States, such lands, easements, and buildings comprising the

former Governor Berkeley's mansion and homestead in James City

County and Carter's Grove mansion and homestead in the same county,

and the Rosewell mansion and homestead in Gloucester County as are

desirable for the proper rounding out of the boundaries and for the

administrative control of the Colonial National Historical Park,

and such lands as are necessary for parkways, not to exceed five

hundred feet wide, to connect said mansions to the said Colonial

National Historical Park, the title and evidence of title to lands

acquired to be satisfactory to the Secretary of the Interior:

Provided, That the said acquisition of lands and/or improvements

shall be made only from such funds as may be appropriated pursuant

to the authorization of section 81f of this title.

-SOURCE-

(June 5, 1936, ch. 525, Sec. 1, 2, 49 Stat. 1483.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

Section was formerly classified to section 443a-1 of this title.

-CHANGE-

CHANGE OF NAME

Section 2 of act June 5, 1936, provided: ''That the area now

within the Colonial National Monument, together with such additions

as may hereafter be made thereto, pursuant to section 1 hereof,

shall be known as the 'Colonial National Historical Park', under

which name the aforesaid national park shall be entitled to receive

and to use all moneys heretofore or hereafter appropriated for the

Colonial National Monument.''

-CITE-

16 USC Sec. 81d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81d. Addition of lands

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to acquire by purchase, donation, or otherwise, in behalf of the

United States, such lands or interests in lands, easements, and

buildings comprising the following: Glass House Point, in James

City County; the area known as ''The Hook'', including the site of

the action of October 3, 1781, in Gloucester County; and such

additional lands as are desirable for the proper rounding out of

the boundaries and for the administrative control of the Colonial

National Historical Park: Provided, That the total acreage of lands

to be added to the park, with the exception of parkways under the

terms hereof shall not exceed seven hundred and fifty acres:

Provided further, That the said acquisition of lands or

improvements shall be made from such funds as may be appropriated

pursuant to the authorization of section 81f of this title.

-SOURCE-

(June 28, 1938, ch. 775, Sec. 2, 52 Stat. 1209.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 81p of this title.

-CITE-

16 USC Sec. 81e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81e. Acquisition of property; condemnation proceedings

-STATUTE-

The Secretary of the Interior is authorized to accept donations

of land, interest in land, buildings, structures, and other

property within the boundaries of said park as determined and fixed

hereunder and donations of funds for the purchase and/or

maintenance thereof, the evidence of title to such lands to be

satisfactory to the Secretary of the Interior: Provided, That he

may acquire on behalf of the United States by purchase when

purchasable at prices deemed by him reasonable, otherwise by

condemnation under the provisions of section 3113 of title 40, such

tracts of land within the said park as may be necessary for the

completion thereof: Provided further, That condemnation proceedings

herein provided for shall not be had, exercised, or resorted to as

to lands belonging to the Association for the Preservation of

Virginia Antiquities, a corporation chartered under the laws of

Virginia, or to the city of Williamsburg, Virginia, or to any other

lands in said city except such lands as may be required for a

right-of-way not exceeding two hundred feet in width through the

city of Williamsburg to connect with highways or parkways leading

from Williamsburg to Jamestown and to Yorktown.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 3, 46 Stat. 856; June 5, 1936, ch.

525, Sec. 2, 49 Stat. 1483.)

-COD-

CODIFICATION

''Section 3113 of title 40'' substituted in text for ''the Act of

August 1, 1888 (U.S.C., title 40, secs. 257, 258; 25 Stat. 357)''

on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116

Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

Section was formerly classified to section 443b of this title.

-CHANGE-

CHANGE OF NAME

Act June 5, 1936, changed ''Colonial National Monument'' to

''Colonial National Historical Park.''

-CITE-

16 USC Sec. 81f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81f. Authorization of appropriation

-STATUTE-

There is authorized to be appropriated, out of any money in the

Treasury not otherwise appropriated, such sums as may be necessary

to carry out the provisions of this subchapter, which shall not

exceed the sum of $10,472,000 to be available for all expenses

incident to the examination and establishment of the said Colonial

National Historical Park and for the acquisition of lands and/or

lands and improvements needed for the completion of the park,

including the securing of options and other incidental expenses.

The area of the Yorktown battlefield, authorized for inclusion in

said park, is extended to not to exceed four thousand five hundred

acres, and all Government-owned lands within the boundaries of said

park as established by presidential proclamation, except those

determined by the Secretary of the Interior as not necessary in

carrying out the objects of said park are transferred to the

administrative jurisdiction and control of the National Park

Service.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 4, 46 Stat. 856; Mar. 3, 1931, ch.

405, 46 Stat. 1490; June 5, 1936, ch. 525, Sec. 2, 49 Stat. 1483;

Pub. L. 90-74, Aug. 29, 1967, 81 Stat. 176; Pub. L. 93-477, title

I, Sec. 101(2), Oct. 26, 1974, 88 Stat. 1445.)

-COD-

CODIFICATION

Section was formerly classified to section 443c of this title.

-MISC3-

AMENDMENTS

1974 - Pub. L. 93-477 substituted ''$10,472,000'' for

''$2,777,000''.

1967 - Pub. L. 90-74 substituted ''$2,777,000'' for

''$2,000,000''.

1931 - Act Mar. 3, 1931, changed amount of appropriation and

inserted last sentence extending the area of Yorktown battlefield.

-CHANGE-

CHANGE OF NAME

Act June 5, 1936, changed ''Colonial National Monument'' to

''Colonial National Historical Park''.

-MISC4-

GEORGE WALLER BLOW ESTATE; USE OF 1967 INCREASE IN AUTHORIZATION OF

APPROPRIATIONS TO PURCHASE

Pub. L. 90-74 provided in part that the limit on the authorized

appropriation was increased from $2,000,000 to $2,777,000 in order

to permit acquisition of the Thomas Nelson House, the Edmund Smith

House, the John Ballard House, and the Thomas Pate House, all of

which are located within the boundaries of the Colonial National

Historical Park on lots numbered 42A, 44 through 55, 84, 85, and

120 through 129, and known as the George Waller Blow Estate.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 81d of this title.

-CITE-

16 USC Sec. 81g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81g. Administration, protection, and development

-STATUTE-

The administration, protection, and development of the aforesaid

national park shall be exercised under the direction of the

Secretary of the Interior by the National Park Service, subject to

the provisions of sections 1, 2, 3, and 4 of this title, as

amended.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 5, 46 Stat. 856; June 5, 1936, ch.

525, Sec. 2, 49 Stat. 1483.)

-COD-

CODIFICATION

Section was formerly classified to section 443d of this title.

-CHANGE-

CHANGE OF NAME

Act June 5, 1936, changed ''Colonial National Monument'' to

''Colonial National Historical Park''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 81h of this title.

-CITE-

16 USC Sec. 81h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81h. Civil and criminal jurisdiction; legislative authority of

State over park

-STATUTE-

Nothing in this subchapter shall be held to deprive the State of

Virginia, or any political subdivision thereof, of its civil and

criminal jurisdiction in and over the areas included in said

national park, nor shall this subchapter in any way impair or

affect the rights of citizenship of any resident therein; and save

and except as the consent of the State of Virginia may be hereafter

given, the legislative authority of said State in and over all

areas included within said national park shall not be diminished or

affected by the creation of said national park, nor by the terms

and provisions of this subchapter: Provided, That any rules and

regulations authorized in section 81g of this title, and in

sections 1, 2, 3, and 4 of this title therein referred to, shall

not apply to any property of a public nature in the city of

Williamsburg, other than property of the United States.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 6, 46 Stat. 856; June 5, 1936, ch.

525, Sec. 2, 49 Stat. 1483.)

-COD-

CODIFICATION

Section was formerly classified to section 443e of this title.

-CHANGE-

CHANGE OF NAME

Act June 5, 1936, changed ''Colonial National Monument'' to

''Colonial National Historical Park''.

-CITE-

16 USC Sec. 81i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81i. Donation of buildings thereafter revenue producing;

disposition of proceeds

-STATUTE-

In the event that lands and/or buildings, structures, and so

forth, within the city of Williamsburg are donated to the United

States and are thereafter revenue producing, the United States

shall pay in the treasury of the city of Williamsburg 25 per centum

of any rentals included in said revenues, and 25 per centum of the

net proceeds of any commercial enterprise there conducted by the

United States, such payment into the treasury of the city of

Williamsburg not to exceed $20,000 in any year.

-SOURCE-

(July 3, 1930, ch. 837, Sec. 7, 46 Stat. 856.)

-COD-

CODIFICATION

Section was formerly classified to section 443f of this title.

-CITE-

16 USC Sec. 81j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81j. Transfer of lands to Secretary of Navy

-STATUTE-

The Secretary of the Interior be, and he is, authorized and

directed to transfer to the Secretary of the Navy complete control

and jurisdiction over a parcel of land within the Colonial National

Historical Park, Yorktown, Virginia, described as follows:

Beginning at a point on the existing property line between the

United States naval mine depot and the Colonial National Monument

Parkway properties, said point being a fence corner seven hundred

and sixty-five feet, more or less, southeast of the marine barracks

gate; thence south fifty-six degrees thirty-eight minutes east

fifty-three and fifteen one-hundredths feet, more or less; thence

south fifty degrees sixteen minutes east three hundred and twelve

feet, more or less; thence south thirty-nine degrees forty-four

minutes west one hundred and twenty-five and seven one-hundredths

feet, more or less, to the property line between the United States

naval mine depot and the Colonial National Monument Parkway; thence

along the said property line north thirty-nine degrees fifty-four

minutes west one hundred and twenty-eight and ninety-six

one-hundredths feet, more or less; thence continuing along said

property line north twenty-eight degrees eighteen minutes west two

hundred and fifty-six and fifty-nine one-hundredths feet, more or

less, to the point of beginning; containing six hundred and

twenty-one one-thousandths of an acre, more or less.

-SOURCE-

(Dec. 23, 1944, ch. 721, 58 Stat. 923.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-MISC3-

SEWAGE-DISPOSAL SYSTEM FOR YORKTOWN AREA

Act Mar. 29, 1956, ch. 111, 70 Stat. 64, provided for the

modernization of the sanitary facilities in the Yorktown area of

Colonial National Historical Park, and in anticipation of the 1957 Ja

celebration, authorized the Secretary of the Interior to construct,

operate, and maintain a sewage-disposal system to serve Federal and

non-Federal properties in the Yorktown area.

TEMPORARY TRANSFER OF JURISDICTION OF PORTION

Act Dec. 24, 1942, ch. 820, 56 Stat. 1085, provided: ''That the

Secretary of the Interior be, and he is hereby, authorized and

directed to transfer to the control and jurisdiction of the

Department of the Navy a portion of the Colonial National

Historical Park, Yorktown, Virginia, south of Ballards Creek and

adjacent to the east boundary of the naval mine depot, containing

approximately sixteen acres.

''Sec. 2. The President of the United States is authorized by

Executive order to retransfer jurisdiction over the property to the

Secretary of the Interior upon his application when, in the

judgment of the President, the property has become surplus to the

needs of the Department of the Navy, in which event it again shall

become a part of the Colonial National Historical Park.''

-CITE-

16 USC Sec. 81k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81k. Exchange of lands

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to accept on behalf of the United States from the York County

School Board, State of Virginia, title to approximately one-half

acre of land in Nelson District, York County, Virginia, situated

within the authorized boundaries of the Colonial National

Historical Park, and in exchange therefor to convey by deed, on

behalf of the United States, to the school board approximately

one-half acre of land of approximately equal value situated within

the Colonial National Historical Park.

-SOURCE-

(Sept. 23, 1950, ch. 999, 64 Stat. 979.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-CITE-

16 USC Sec. 81l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81l. Additional exchange of lands

-STATUTE-

In order to consolidate Federal holdings in, and to improve,

Colonial National Historical Park, the Secretary of the Interior,

when he finds that the public interest will be served thereby, is

authorized to accept on behalf of the United States from the York

County School Board, State of Virginia, the conveyance of any land

or interests in land located within the authorized area of the

Colonial National Historical Park, together with the structures

situated upon such properties, as may be agreed upon by the

Secretary and the school board; and, in exchange therefor, to

convey on behalf of the United States to the school board not more

than fifty-five acres of land or interests in land situated within

the Colonial National Historical Park.

-SOURCE-

(May 13, 1953, ch. 38, 67 Stat. 27.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-CITE-

16 USC Sec. 81m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81m. Additional exchange of lands

-STATUTE-

For the purpose of preserving more effectively for the public

benefit the historic properties within Colonial National Historical

Park, Virginia, the Secretary of the Interior is authorized to

consummate desirable land exchanges, as hereafter prescribed, and

thereby to reduce and adjust the boundaries of the park. Any lands

eliminated from the park hereunder shall not subsequently be added

to the park except by Act of Congress.

In furtherance of these purposes, the Secretary is authorized on

behalf of the United States to accept from grantors title to

non-Federal land and interests in land, together with the

improvements thereon, situated within the authorized park

boundaries, and in exchange therefor, to convey by deed on behalf

of the United States to the aforesaid grantors land or interests

therein, together with the improvements thereon, situated within

Colonial National Historical Park that may be used advantageously

for exchange purposes. The aforesaid exchanges are authorized to

be made without additional compensation by either party to the

exchange when the properties to be exchanged are of approximately

equal value. When, however, the properties are not of

approximately equal value, as may be determined by the Secretary,

an additional payment of funds shall be required by the Secretary

or by the grantor of non-Federal properties, as the case may be, in

order to make an equal exchange. The Secretary is authorized to

use any land acquisition funds relating to the National Park System

for such purposes. The Secretary may consummate land exchanges

herein authorized upon such terms, conditions, and procedures as he

may find to be necessary or desirable in carrying out the purposes

of this section and section 81n of this title; and in evaluating

non-Federal properties to be acquired hereunder, he is authorized

to make such allowance as he may find to be equitable for the value

of any residential properties that may be situated upon land to be

acquired pursuant to this section and section 81n of this title.

If expedient and in the public interest to do so, he may assist in

the removal of structures from property to be acquired hereunder

through the exchange procedure, and he may cooperate with public or

private agencies and persons in the securing of housing for the

aforesaid grantors who may require new housing accommodations or

facilities as a result of the land exchanges herein authorized.

-SOURCE-

(Mar. 29, 1956, ch. 105, Sec. 1, 70 Stat. 61.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-CITE-

16 USC Sec. 81n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81n. Transfer of lands for State Park

-STATUTE-

The Secretary is further authorized to transfer without

compensation up to fifteen acres of the Colonial National

Historical Park, Virginia, to the Commonwealth of Virginia for use

by agencies of the Commonwealth in the establishment of a State

Park in furtherance of the purposes of the Colonial National

Historical Park.

-SOURCE-

(Mar. 29, 1956, ch. 105, Sec. 2, 70 Stat. 62.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-CITE-

16 USC Sec. 81o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81o. Transfer of administrative jurisdiction over land

-STATUTE-

The Secretary of the Interior may transfer administrative

jurisdiction over approximately 0.23 acres of land within Colonial

National Historical Park, Virginia, to the Secretary of the Army,

and in exchange therefor, he may accept administrative jurisdiction

over a like amount of land from the Secretary of the Army, transfer

of which is hereby authorized, for the purpose of relocating the

Cape Henry Memorial Cross. Land over which jurisdiction is

transferred to the Secretary of the Interior shall become part of

Colonial National Historical Park, and land over which jurisdiction

is transferred to the Secretary of the Army shall become part of

Fort Story Military Reservation.

-SOURCE-

(Pub. L. 99-390, Aug. 23, 1986, 100 Stat. 831.)

-COD-

CODIFICATION

Section was not enacted as part of act July 3, 1930, ch. 837, 46

Stat. 855, which comprises this subchapter.

-CITE-

16 USC Sec. 81p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK

-HEAD-

Sec. 81p. Property transfers

-STATUTE-

(a) Transfer and rights-of-way

The Secretary of the Interior (hereinafter in this section

referred to as the ''Secretary'') is authorized to transfer,

without reimbursement, to York County, Virginia, that portion of

the existing sewage disposal system, including related improvements

and structures, owned by the United States and located within the

Colonial National Historical Park, together with such rights-of-way

as are determined by the Secretary to be necessary to maintain and

operate such system.

(b) Repair and rehabilitation of system

The Secretary is authorized to enter into a cooperative agreement

with York County, Virginia, under which the Secretary will pay a

portion, not to exceed $110,000, of the costs of repair and

rehabilitation of the sewage disposal system referred to in

subsection (a) of this section.

(c) Fees and charges

In consideration for the rights-of-way granted under subsection

(a) of this section, and in recognition of the National Park

Service's contribution authorized under subsection (b) of this

section, the cooperative agreement under subsection (b) of this

section shall provide for a reduction in, or the elimination of,

the amounts charged to the National Park Service for its sewage

disposal. The cooperative agreement shall also provide for

minimizing the impact of the sewage disposal system on the park and

its resources. Such system may not be enlarged or substantially

altered without National Park Service concurrence.

(d) Inclusion of land in Colonial National Historical Park

Notwithstanding the provisions of sections 81b and 81d of this

title, limiting the average width of the Colonial Parkway, the

Secretary of the Interior is authorized to include within the

boundaries of Colonial National Historical Park and to acquire by

donation, exchange, or purchase with donated or appropriated funds

the lands or interests in lands (with or without improvements)

within the areas depicted on the map dated August 1996, numbered

333/80031B, and entitled ''Page Landing Addition to Colonial

National Historical Park''. Such map shall be on file and available

for inspection in the offices of the National Park Service at

Colonial National Historical Park and in Washington, District of

Columbia.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary to carry out this section.

-SOURCE-

(Pub. L. 104-333, div. I, title II, Sec. 211, Nov. 12, 1996, 110

Stat. 4109; Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title I,

Sec. 122), Nov. 29, 1999, 113 Stat. 1535, 1501A-159; Pub. L.

106-176, title I, Sec. 102, Mar. 10, 2000, 114 Stat. 25.)

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Parks and Public Lands

Management Act of 1996, and not as part of act July 3, 1930, ch.

837, 46 Stat. 855, which comprises this subchapter.

-MISC3-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-176 directed amendment identical

to amendment by Pub. L. 106-113. See 1999 Amendment note below.

1999 - Subsec. (d). Pub. L. 106-113 substituted ''depicted on the

map dated August 1996, numbered 333/80031B,'' for ''depicted on the

map dated August 1993, numbered 333/80031A,''.

-CITE-

16 USC SUBCHAPTER X - NORTH CASCADES NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

.

-HEAD-

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-CITE-

16 USC Sec. 90 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90. Establishment; statement of purposes; description of area

-STATUTE-

In order to preserve for the benefit, use, and inspiration of

present and future generations certain majestic mountain scenery,

snow fields, glaciers, alpine meadows, and other unique natural

features in the North Cascade Mountains of the State of Washington,

there is hereby established, subject to valid existing rights, the

North Cascades National Park (hereinafter referred to in this

subchapter as the ''park''). The park shall consist of the lands,

waters, and interests therein within the area designated ''national

park'' on the map entitled ''Proposed Management Units, North

Cascades, Washington,'' numbered NP-CAS-7002, and dated October

1967. The map shall be on file and available for public inspection

in the office of the Director, National Park Service, Department of

the Interior, and in the office of the Chief, Forest Service,

Department of Agriculture.

-SOURCE-

(Pub. L. 90-544, title I, Sec. 101, Oct. 2, 1968, 82 Stat. 926.)

-MISC1-

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-668, Sec. 1, Nov. 16, 1988, 102 Stat. 3961, provided:

''That this Act (enacting section 110c of this title, amending

sections 90b, 90c-1, 90d-4, 251n, 256b, 256c, and 1274 of this

title, and enacting provisions listed in a table of Wilderness

Areas set out under section 1132 of this title and provisions set

out as a note under section 251n of this title) may be cited as the

'Washington Park Wilderness Act of 1988'.''

DEDICATION OF PARK TO SENATOR HENRY M. JACKSON

Pub. L. 100-85, Aug. 10, 1987, 101 Stat. 551, provided: ''That

the North Cascades National Park, Washington, is hereby dedicated

to Senator Henry M. Jackson in recognition of his leadership in

establishing the North Cascades National Park, his outstanding

contributions to the National Park System, the National Wilderness

Preservation System, and to the protection and preservation of our

great natural resources for the benefit of the people of the United

States for all time.

''Sec. 2. In order to carry out the provisions of this Act, the

Secretary of the Interior is authorized and directed to provide

such identification by signs, including, but not limited to changes

in existing signs, materials, maps, markers, interpretive programs,

or other means as will adequately inform the public of the

contributions of Henry M. Jackson.

''Sec. 3. The Secretary of the Interior is further authorized and

directed to cause to be erected and maintained, within the

boundaries of the North Cascades National Park, an appropriate

memorial to Henry M. Jackson. Such memorial shall include but not

be limited to an appropriate permanent marker describing the

contributions of Henry M. Jackson to the Nation.

''Sec. 4. There are authorized to be appropriated such sums as

may be necessary to carry out the provisions of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 90e, 90e-1 of this title.

-CITE-

16 USC Sec. 90a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90a. Ross Lake National Recreation Area; establishment;

statement of purposes; description of area

-STATUTE-

In order to provide for the public outdoor recreation use and

enjoyment of portions of the Skagit River and Ross, Diablo, and

Gorge Lakes, together with the surrounding lands, and for the

conservation of the scenic, scientific, historic, and other values

contributing to public enjoyment of such lands and waters, there is

hereby established, subject to valid existing rights, the Ross Lake

National Recreation Area (hereinafter referred to in this

subchapter as the ''recreation area''). The recreation area shall

consist of the lands and waters within the area designated ''Ross

Lake National Recreation Area'' on the map referred to in section

90 of this title.

-SOURCE-

(Pub. L. 90-544, title II, Sec. 201, Oct. 2, 1968, 82 Stat. 927.)

-CITE-

16 USC Sec. 90a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90a-1. Lake Chelan National Recreation Area; establishment;

statement of purposes; description of area

-STATUTE-

In order to provide for the public outdoor recreation use and

enjoyment of portions of the Stehekin River and Lake Chelan,

together with the surrounding lands, and for the conservation of

the scenic, scientific, historic, and other values contributing to

public enjoyment of such lands and waters, there is hereby

established, subject to valid existing rights, the Lake Chelan

National Recreation Area (hereinafter referred to in this

subchapter as the ''recreation area''). The recreation area shall

consist of the lands and waters within the area designated ''Lake

Chelan National Recreation Area'' on the map referred to in section

90 of this title.

-SOURCE-

(Pub. L. 90-544, title II, Sec. 202, Oct. 2, 1968, 82 Stat. 927.)

-MISC1-

BOUNDARY ADJUSTMENTS, LAKE CHELAN NATIONAL RECREATION AREA AND

WENATCHEE NATIONAL FOREST, WASHINGTON

Pub. L. 105-238, Sec. 1, Sept. 23, 1998, 112 Stat. 1562, and Pub.

L. 105-277, div. A, Sec. 101(e) (title III, Sec. 342), Oct. 21,

1998, 112 Stat. 2681-231, 2681-296, transferred administrative

jurisdiction over part of Lake Chelan National Recreation Area from

Secretary of the Interior to Secretary of Agriculture for inclusion

in Wenatchee National Forest.

-CITE-

16 USC Sec. 90b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90b. Land acquisition; authority of Secretary; manner and

place; donation of State lands; transfer to administrative

jurisdiction of Secretary; elimination of lands from national

forests

-STATUTE-

(a) (FOOTNOTE 1) Within the boundaries of the park and recreation

areas, the Secretary of the Interior (hereinafter referred to in

this subchapter as the ''Secretary'') may acquire lands, waters,

and interests therein by donation, purchase with donated or

appropriated funds, or exchange, except that he may not acquire any

such interests within the recreation areas without the consent of

the owner, so long as the lands are devoted to uses compatible with

the purposes of this subchapter. Lands owned by the State of

Washington or any political subdivision thereof may be acquired

only by donation. Federal property within the boundaries of the

park and recreation areas is hereby transferred to the

administrative jurisdiction of the Secretary for administration by

him as part of the park and recreation areas. The national forest

land within such boundaries is hereby eliminated from the national

forests within which it was heretofore located.

(FOOTNOTE 1) Subsec. (a) designation editorially supplied.

(b) The Secretary is hereby authorized to acquire, with the

consent of the owner, lands outside of the authorized boundaries of

North Cascades National Park Service Complex for the purpose of

construction and operation of a backcountry information center not

to exceed five acres. The Secretary of the Interior is further

authorized to acquire with the consent of the owner, lands for the

construction of a headquarters and administrative site or sites,

for the North Cascades National Park, Ross Lake National Recreation

Area, and Lake Chelan National Recreation Area not to exceed ten

acres. The lands so acquired shall be managed as part of the park.

-SOURCE-

(Pub. L. 90-544, title III, Sec. 301, Oct. 2, 1968, 82 Stat. 927;

Pub. L. 100-668, title II, Sec. 203, Nov. 16, 1988, 102 Stat.

3963.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-668 added subsec. (b).

-CITE-

16 USC Sec. 90b-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90b-1. Exchange of property; cash equalization payments

-STATUTE-

In exercising his authority to acquire property by exchange, the

Secretary may accept title to any non-Federal property within the

boundaries of the park and recreation areas and in exchange

therefor he may convey to the grantor of such property any

federally owned property under his jurisdiction in the State of

Washington which he classifies as suitable for exchange or other

disposal. The values of the properties so exchanged either shall

be approximately equal, or if they are not approximately equal the

values shall be equalized by the payment of cash to the grantor or

to the Secretary as the circumstances require.

-SOURCE-

(Pub. L. 90-544, title III, Sec. 302, Oct. 2, 1968, 82 Stat. 927.)

-CITE-

16 USC Sec. 90b-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90b-2. Owner's retention of right of use and occupancy for

agricultural, residential, or commercial purposes for life or

term of years; transfer or assignment of right; termination of

use and occupancy for a contrary use and upon payment of sum

for unexpired right

-STATUTE-

Any owner of property acquired by the Secretary which on the date

of acquisition is used for agricultural or single-family

residential purposes, or for commercial purposes which he finds are

compatible with the use and development of the park or the

recreation areas, may, as a condition of such acquisition, retain

the right of use and occupancy of the property for the same

purposes for which it was used on such date, for a period ending at

the death of the owner or the death of his spouse, whichever occurs

later, or for a fixed term of not to exceed twenty-five years,

whichever the owner may elect. Any right so retained may during

its existence be transferred or assigned. Any right so retained

may be terminated by the Secretary at any time after the date upon

which any use of the property occurs which he finds is a use other

than one which existed on the date of acquisition. In the event

the Secretary terminates a right of use and occupancy under this

section, he shall pay to the owner of the right the fair market

value of the portion of said right which remains unexpired on the

date of termination.

-SOURCE-

(Pub. L. 90-544, title III, Sec. 303, Oct. 2, 1968, 82 Stat. 928.)

-CITE-

16 USC Sec. 90c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90c. Administration

-STATUTE-

The Secretary shall administer the park in accordance with

sections 1, 2, 3, and 4 of this title, as amended and supplemented.

-SOURCE-

(Pub. L. 90-544, title IV, Sec. 401, Oct. 2, 1968, 82 Stat. 928.)

-CITE-

16 USC Sec. 90c-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90c-1. Administration of recreation areas

-STATUTE-

(a) Statement of purposes; utilization of authorities for

administration of national park system and for conservation and

management of natural resources

The Secretary shall administer the recreation areas in a manner

which in his judgment will best provide for (1) public outdoor

recreation benefits and (2) conservation of scenic, scientific,

historic, and other values contributing to public enjoyment.

Within that portion of the Lake Chelan National Recreation Area

which is not designated as wilderness, such management,

utilization, and disposal of renewable natural resources and the

continuation of existing uses and developments as will promote, or

are compatible with, or do not significantly impair public

recreation and conservation of the scenic, scientific, historic, or

other values contributing to public enjoyment, are authorized. In

administering the recreation areas, the Secretary may utilize such

statutory authorities pertaining to the administration of the

national park system, and such statutory authorities otherwise

available to him for the conservation and management of natural

resources as he deems appropriate for recreation and preservation

purposes and for resource development compatible therewith. Within

the Ross Lake National Recreation Area the removal and disposal of

trees within power line rights-of-way are authorized as necessary

to protect transmission lines, towers, and equipment;'': (FOOTNOTE

1) Provided, That to the extent practicable, such removal and

disposal of trees shall be conducted in such a manner as to protect

scenic viewsheds.

(FOOTNOTE 1) So in original.

(b) Lands withdrawn from location, entry, and patent under mining

laws; removal of minerals

The lands within the recreation areas, subject to valid existing

rights, are hereby withdrawn from all forms of appropriation or

disposal under the public land laws, including location, entry, and

patent under the United States mining laws, and disposition under

the United States mineral leasing laws: Provided, however, That

within that portion of the Lake Chelan National Recreation Area

which is not designated as wilderness, sand, rock and gravel may be

made available for sale to the residents of Stehekin for local use

so long as such sale and disposal does not have significant adverse

effects on the administration of the Lake Chelan National

Recreation Area.

(c) Receipts, disposition

All receipts derived from permits and leases issued on lands or

interests in lands within the recreation areas under the Mineral

Leasing Act of February 25, 1920, as amended (30 U.S.C. 181 et

seq.), or the Acquired Lands Mineral Leasing Act of August 7, 1947

(30 U.S.C. 351 et seq.), shall be disposed of as provided in the

applicable Act; and receipts from the disposition of nonleasable

minerals within the recreation areas shall be disposed of in the

same manner as moneys received from the sale of public lands.

(d) Hunting and fishing

The Secretary shall permit hunting and fishing on lands and

waters under his jurisdiction within the boundaries of the

recreation areas in accordance with applicable laws of the United

States and of the State of Washington, except that the Secretary

may designate zones where, and establish periods when, no hunting

or fishing shall be permitted for reasons of public safety,

administration, fish and wildlife management, or public use and

enjoyment. Except in emergencies, any regulations of the Secretary

pursuant to this section shall be put into effect only after

consultation with the Department of Game of the State of

Washington.

(e) Road construction or use restrictions

The Secretary shall not permit the construction or use of any

road within the park which would provide vehicular access from the

North Cross State Highway to the Stehekin Road. Neither shall he

permit the construction or use of any permanent road which would

provide vehicular access between May Creek and Hozomeen along the

east side of Ross Lake.

-SOURCE-

(Pub. L. 90-544, title IV, Sec. 402, Oct. 2, 1968, 82 Stat. 928;

Pub. L. 100-668, title II, Sec. 205, 206, Nov. 16, 1988, 102 Stat.

3964.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (b), are classified

generally to Title 43, Public Lands.

The United States mineral leasing and mining laws, referred to in

subsec. (b), are classified generally to Title 30, Mineral Lands

and Mining.

The Mineral Leasing Act of February 25, 1920, as amended,

referred to in subsec. (c), is act Feb. 25, 1920, ch. 85, 41 Stat.

437, as amended, known as the Mineral Leasing Act, which is

classified generally to chapter 3A (Sec. 181 et seq.) of Title 30.

For complete classification of this Act to the Code, see Short

Title note set out under section 181 of Title 30 and Tables.

The Acquired Lands Mineral Leasing Act of August 7, 1947,

referred to in subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat.

913, as amended, which is classified generally to chapter 7 (Sec.

351 et seq.) of Title 30. For complete classification of this Act

to the Code, see Short Title note set out under section 351 of

Title 30 and Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-668, Sec. 205, amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

''The Secretary shall administer the recreation areas in a manner

which in his judgment will best provide for (1) public outdoor

recreation benefits; (2) conservation of scenic, scientific,

historic, and other values contributing to public enjoyment; and

(3) such management, utilization, and disposal of renewable natural

resources and the continuation of such existing uses and

developments as will promote or are compatible with, or do not

significantly impair, public recreation and conservation of the

scenic, scientific, historic, or other values contributing to

public enjoyment. In administering the recreation areas, the

Secretary may utilize such statutory authorities pertaining to the

administration of the national park system, and such statutory

authorities otherwise available to him for the conservation and

management of natural resources as he deems appropriate for

recreation and preservation purposes and for resource development

compatible therewith.''

Subsec. (b). Pub. L. 100-668, Sec. 206, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

lands within the recreation areas, subject to valid existing

rights, are hereby withdrawn from location, entry, and patent under

the United States mining laws. The Secretary, under such

reasonable regulations as he deems appropriate, may permit the

removal of the nonleasable minerals from lands or interest in lands

within the recreation areas in the manner prescribed by section 387

of title 43, and he may permit the removal of leasable minerals

from lands or interests in lands within the recreation areas in

accordance with the Mineral Leasing Act of February 25, 1920, as

amended, or the Acquired Lands Mineral Leasing Act of August 7,

1947, if he finds that such disposition would not have significant

adverse effects on the administration of the recreation areas.''

-CITE-

16 USC Sec. 90d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90d. Distributive share of counties of receipts for schools

and roads unaffected

-STATUTE-

The distributive shares of the respective counties of receipts

from the national forests from which the national park and

recreation areas are created, as paid under the provisions of

section 500 of this title, shall not be affected by the elimination

of lands from such national forests by the enactment of this

subchapter.

-SOURCE-

(Pub. L. 90-544, title V, Sec. 501, Oct. 2, 1968, 82 Stat. 929.)

-CITE-

16 USC Sec. 90d-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90d-1. Contracts, leases, permits, or licenses for occupation

or use of Federal lands in the park or recreation areas;

continuation of privileges for original or extended term

-STATUTE-

Where any Federal lands included in the park or recreation areas

are legally occupied or utilized on October 2, 1968, for any

purpose, pursuant to a contract, lease, permit, or license issued

or authorized by any department, establishment, or agency of the

United States, the Secretary shall permit the persons holding such

privileges to continue in the exercise thereof, subject to the

terms and conditions thereof, for the remainder of the term of the

contract, lease, permit, or license or for such longer period of

time as the Secretary deems appropriate.

-SOURCE-

(Pub. L. 90-544, title V, Sec. 502, Oct. 2, 1968, 82 Stat. 929.)

-CITE-

16 USC Sec. 90d-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90d-2. State rights or privileges in property within

recreation area used for certain highway unaffected

-STATUTE-

Nothing in this subchapter shall be construed to affect adversely

or to authorize any Federal agency to take any action that would

affect adversely any rights or privileges of the State of

Washington in property within the Ross Lake National Recreation

Area which is being utilized for the North Cross State Highway.

-SOURCE-

(Pub. L. 90-544, title V, Sec. 503, Oct. 2, 1968, 82 Stat. 929.)

-CITE-

16 USC Sec. 90d-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90d-3. Administration of areas designated for public use

facilities or for administrative purposes by Secretaries of the

Interior and Agriculture; plan for construction of such

facilities

-STATUTE-

Within two years from October 2, 1968, the Secretary of the

Interior and the Secretary of Agriculture shall agree on the

designation of areas within the park of recreation areas or within

national forests adjacent to the park and recreation areas needed

for public use facilities and for administrative purposes by the

Secretary of Agriculture or the Secretary of the Interior,

respectively. The areas so designated shall be administered in a

manner that is mutually agreeable to the two Secretaries, and such

public use facilities, including interpretive centers, visitor

contact stations, lodges, campsites, and ski lifts, shall be

constructed according to a plan agreed upon by the two Secretaries.

-SOURCE-

(Pub. L. 90-544, title V, Sec. 504, Oct. 2, 1968, 82 Stat. 930.)

-CITE-

16 USC Sec. 90d-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90d-4. Federal Power Act administrative jurisdiction

unaffected

-STATUTE-

Nothing in this subchapter shall be construed to supersede,

repeal, modify, or impair the jurisdiction of the Federal Power

Commission under the Federal Power Act (41 Stat. 1063), as amended

(16 U.S.C. 791a et seq.), in the lands and waters within the Skagit

River Hydroelectric Project, Federal Energy and Regulatory

Commission Project 553, including the proposed Copper Creek, High

Ross, and Thunder Creek elements of the Project; and the Newhalem

Project, Federal Energy and Regulatory Commission Project 2705,

within the Ross Lake National Recreation Area; the lands and waters

within the Lake Chelan Project, Federal Energy and Regulatory

Commission Project 637; the Company Creek small hydroelectric

project at Stehekin within the Lake Chelan National Recreation

Area; and existing hydrologic monitoring stations necessary for the

proper operation of the hydroelectric projects listed herein.

-SOURCE-

(Pub. L. 90-544, title V, Sec. 505, Oct. 2, 1968, 82 Stat. 930;

Pub. L. 100-668, title II, Sec. 202, Nov. 16, 1988, 102 Stat.

3963.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, is act June 20, 1920,

ch. 285, 41 Stat. 1063, as amended, which is classified generally

to chapter 12 (Sec. 791a et seq.) of this title. For complete

classification of this Act to the Code, see section 791a of this

title and Tables.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-668 substituted ''in the lands and waters

within the Skagit River Hydroelectric Project, Federal Energy and

Regulatory Commission Project 553, including the proposed Copper

Creek, High Ross, and Thunder Creek elements of the Project; and

the Newhalem Project, Federal Energy and Regulatory Commission

Project 2705, within the Ross Lake National Recreation Area; the

lands and waters within the Lake Chelan Project, Federal Energy and

Regulatory Commission Project 637; the Company Creek small

hydroelectric project at Stehekin within the Lake Chelan National

Recreation Area; and existing hydrologic monitoring stations

necessary for the proper operation of the hydroelectric projects

listed herein'' for ''in the recreation areas''.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-CITE-

16 USC Sec. 90d-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90d-5. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the purposes of this subchapter, but not

more than $4,500,000 shall be appropriated for the acquisition of

lands or interest in lands.

-SOURCE-

(Pub. L. 90-544, title V, Sec. 506, Oct. 2, 1968, 82 Stat. 930;

Pub. L. 94-578, title I, Sec. 101(9), Oct. 21, 1976, 90 Stat.

2732.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-578 substituted ''$4,500,000'' for

''$3,500,000''.

-CITE-

16 USC Sec. 90e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90e. Pasayten Wilderness, Okanogan and Mount Baker National

Forests; designation; abolition of North Cascades Primitive

Area classification

-STATUTE-

(a) In order to further the purposes of the Wilderness Act (16

U.S.C. 1131 et seq.), there is hereby designated, subject to valid

existing rights, the Pasayten Wilderness within and as a part of

the Okanogan National Forest and the Mount Baker National Forest,

comprising an area of about five hundred thousand acres lying east

of Ross Lake, as generally depicted in the area designated as

''Pasayten Wilderness'' on the map referred to in section 90 of

this title.

(b) The previous classification of the North Cascades Primitive

Area is hereby abolished.

-SOURCE-

(Pub. L. 90-544, title VI, Sec. 601, Oct. 2, 1968, 82 Stat. 930.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsec. (a), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

-CITE-

16 USC Sec. 90e-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90e-1. Glacier Peak Wilderness, Wenatchee and Mount Baker

National Forests; extension of boundaries

-STATUTE-

The boundaries of the Glacier Peak Wilderness, an area classified

as such more than thirty days before the effective date of the

Wilderness Act (16 U.S.C. 1131 et seq.) and being within and a part

of the Wenatchee National Forest and the Mount Baker National

Forest, subject to valid existing rights, are hereby extended to

include portions of the Suiattle River corridor and the White Chuck

River corridor on the western side thereof, comprising areas

totaling about ten thousand acres, as depicted in the area

designated as ''Additions to Glacier Peak Wilderness'' on the map

referred to in section 90 of this title.

-SOURCE-

(Pub. L. 90-544, title VI, Sec. 602, Oct. 2, 1968, 82 Stat. 930.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.

3, 1964, 78 Stat. 890, as amended, which is classified generally to

chapter 23 (Sec. 1131 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1131 of this title and Tables.

Effective date of the Wilderness Act, referred to in text, means

the date of enactment, Sept. 3, 1964, of such act.

-CITE-

16 USC Sec. 90e-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90e-2. Map and legal description, filing with Congressional

committees; correction of errors; applicability of Wilderness

Act

-STATUTE-

(a) As soon as practicable after October 2, 1968, the Secretary

of Agriculture shall file a map and legal description of the

Pasayten Wilderness and of the Glacier Peak Wilderness, as hereby

modified, with the Committee on Energy and Natural Resources of the

Senate and the Committee on Natural Resources of the House of

Representatives, and such descriptions shall have the same force

and effect as if included in this subchapter: Provided, however,

That correction of clerical or typographical errors in such legal

descriptions and maps may be made.

(b) Upon the filing of the legal descriptions and maps as

provided for in subsection (a) of this section the Pasayten

Wilderness and the additions to the Glacier Peak Wilderness shall

be administered by the Secretary of Agriculture in accordance with

the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.) and

thereafter shall be subject to the provisions of the Wilderness Act

governing areas designated by that Act as wilderness areas, except

that any reference in such provisions to the effective date of the

Wilderness Act shall be deemed to be a reference to the effective

date of this subchapter.

-SOURCE-

(Pub. L. 90-544, title VI, Sec. 603, Oct. 2, 1968, 82 Stat. 930;

Pub. L. 103-437, Sec. 6(e), Nov. 2, 1994, 108 Stat. 4585.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in subsec. (b), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 1131 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1131 of this title and

Tables.

Effective date of the Wilderness Act, referred to in subsec. (b),

means the date of enactment, Sept. 3, 1964, of such Act.

Effective date of this subchapter, referred to in subsec. (b),

means the date of enactment, Oct. 2, 1968, of this subchapter.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437 substituted ''Committee on

Energy and Natural Resources of the Senate and the Committee on

Natural Resources of the House of Representatives'' for ''Interior

and Insular Affairs Committees of the United States Senate and

House of Representatives''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 90e-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER X - NORTH CASCADES NATIONAL PARK

-HEAD-

Sec. 90e-3. Area review; report to the President

-STATUTE-

Within two years from October 2, 1968, the Secretary of the

Interior shall review the area within the North Cascades National

Park, including the Picket Range area and the Eldorado Peaks area,

and shall report to the President, in accordance with section

1132(c) and (d) of this title, his recommendation as to the

suitability or nonsuitability of any area within the park for

preservation as wilderness, and any designation of any such area as

a wilderness area shall be accomplished in accordance with said

section 1132(c) and (d).

-SOURCE-

(Pub. L. 90-544, title VI, Sec. 604, Oct. 2, 1968, 82 Stat. 931.)

-CITE-

16 USC SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

.

-HEAD-

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-CITE-

16 USC Sec. 91 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 91. Establishment; boundaries; trespassers

-STATUTE-

All those certain tracts, pieces, or parcels of land lying and

being in the State of Washington, and within the boundaries

particularly described as follows, to wit: Beginning at a point

three miles east of the northeast corner of township numbered 17

north, of range 6 east of the Willamette meridian; thence south

through the central parts of townships numbered 17, 16, and 15

north, of range 7 east of the Willamette meridian, 18 miles more or

less, subject to the proper easterly or westerly offsets, to a

point three miles east of the northeast corner of township numbered

14 north, of range 6 east of the Willamette meridian; thence east

on the township line between townships numbered 14 and 15 north, 18

miles more or less to a point 3 miles west of the northeast corner

of township 14 north, of range 10 east of the Willamette meridian;

thence northerly subject to the proper easterly or westerly

offsets, 18 miles more or less, to a point 3 miles west of the

northeast corner of township numbered 17 north of range 10 east of

the Willamette meridian (but in locating said easterly boundary,

wherever the summit of the Cascade Mountains is sharply and well

defined, the said line shall follow the said summit, where the said

summit line bears west of the easterly line as herein determined);

thence westerly along the township line between said townships

numbered 17 and 18 to the place of beginning, are dedicated and set

apart as a public park to be known and designated as the Mount

Rainier National Park, for the benefit and enjoyment of the people;

and all persons who shall locate or settle upon or occupy the same,

or any part thereof, except as hereafter provided, shall be

considered trespassers and be removed therefrom.

-SOURCE-

(Mar. 2, 1899, ch. 377, Sec. 1, 30 Stat. 993.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 92, 108, 110c of this

title.

-CITE-

16 USC Sec. 92 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 92. Control; regulations; grants for buildings; rights-of-way;

fish and game; removal of trespassers

-STATUTE-

Mount Rainier National Park shall be under the exclusive control

of the Secretary of the Interior. In addition to the powers and

duties enumerated in section 3 of this title, not inconsistent with

this section, he shall make regulations providing for the

preservation from injury or spoliation of all timber, mineral

deposits, natural curiosities, or wonders within said park, and

their retention in their natural condition. The Secretary may, in

his discretion, grant parcels of ground at such places in said park

as shall require the erection of buildings for the accommodation of

visitors. And through the lands of the Pacific National Forest

adjoining said park rights-of-way are hereby granted, under such

restrictions and regulations as the Secretary of the Interior may

establish, to any railway or tramway company or companies, through

the lands of said Pacific National Forest, and also into said park

created by section 91 of this title, for the purpose of building,

constructing, and operating a railway, constructing and operating a

railway or tramway line or lines, through said lands, also into

said park. He shall provide against the wanton destruction of the

fish and game found within said park, and against their capture or

destruction for the purposes of merchandise or profit. He shall

also cause all persons trespassing upon the same to be removed

therefrom, and generally shall be authorized to take all such

measures as shall be necessary to fully carry out the objects and

purposes of sections 91, 92 and 93 of this title.

-SOURCE-

(Mar. 2, 1899, ch. 377, Sec. 2, 30 Stat. 994; June 12, 1917, ch.

27, Sec. 1, 40 Stat. 153.)

-COD-

CODIFICATION

The words ''In addition to the powers and duties enumerated in

section 3 of this title, not inconsistent with this section'' were

added to relate this section to later law, defining the duties of

the Secretary of the Interior as to national parks.

An additional provision in the first sentence making it the duty

of the Secretary of the Interior as soon as practicable to make

such rules and regulations as he might deem necessary or proper for

the care and management of the park has been omitted as executed.

A provision of the original section for the disposition of the

proceeds of leases for buildings for accommodation of visitors and

other revenues from the park has been omitted as superseded by

section 452 of this title.

''Pacific National Forest'' was substituted for ''Pacific Forest

Reserve'' on authority of act Mar. 4, 1907, ch. 2907, 34 Stat.

1269, which provided that forest reserves shall hereafter be known

as national forests.

-MISC3-

REPEALS

Repeal of provisions of this section relating to granting

rights-of-way to railway or tramway companies for purpose of

building and operating a railway or tramway, so far as they relate

to lands within Mount Rainier National Park, see section 92a of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 92a, 108, 110c of this

title.

-CITE-

16 USC Sec. 92a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 92a. Rights-of-way for railways, tramways, and cable lines

-STATUTE-

The provisions of section 92 of this title, granting

rights-of-way, under such restrictions and regulations as the

Secretary of the Interior may establish, to any railway or tramway

company or companies for the purpose of building, constructing, and

operating a railway, constructing and operating a railway or

tramway line or lines, so far as the same relate to lands within

the Mount Rainier National Park, Washington, are repealed:

Provided, however, That nothing herein shall be construed so as to

prohibit the Secretary of the Interior from authorizing the use of

land in said park under contract, permit, lease, or otherwise for

the establishment and operation thereon of a tramway or cable line,

or lines, for the accommodation or convenience of visitors and

others.

-SOURCE-

(Jan. 26, 1931, ch. 47, Sec. 6, 46 Stat. 1044.)

-CITE-

16 USC Sec. 93 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 93. Grant of prior lands to Northern Pacific Railroad; lieu

lands to settlers

-STATUTE-

Upon execution and filing with the Secretary of the Interior, by

the Northern Pacific Railroad Company, of proper deed releasing and

conveying to the United States the lands in Mount Rainier National

Park, also the lands in the Pacific National Forest which have been

heretofore granted by the United States to said company, whether

surveyed or unsurveyed, and which lie opposite said company's

constructed road, said company is authorized to select an equal

quantity of nonmineral public lands, so classified as nonmineral at

the time of actual Government survey, which has been or shall be

made, of the United States not reserved and to which no adverse

right or claim shall have attached or have been initiated at the

time of the making of such selection, lying within any State into

or through which the railroad of said Northern Pacific Railroad

Company runs, to the extent of the lands so relinquished and

released to the United States. Any settlers on lands in said

national park may relinquish their rights thereto and take other

public lands in lieu thereof, to the same extent and under the same

limitations and conditions as are provided by law for national

forests and national parks.

-SOURCE-

(Mar. 2, 1899, ch. 377, Sec. 3, 30 Stat. 994.)

-COD-

CODIFICATION

''Pacific National Forest'' and ''national forests'' substituted

in text for ''Pacific Forest Reserve'' and ''forest reserves'',

respectively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat.

1269, which provided that forest reserves shall hereafter be known

as national forests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 92, 108, 110c of this

title.

-CITE-

16 USC Sec. 94 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 94. Location of mining claims

-STATUTE-

The location of mining claims under the mineral land laws of the

United States is prohibited within the area of the Mount Rainier

National Park, in the State of Washington. This provision shall not

affect rights acquired in good faith before May 27, 1908, under the

mineral land laws of the United States to any mining location or

locations in said Mount Rainier National Park.

-SOURCE-

(May 27, 1908, ch. 200, Sec. 1, 35 Stat. 365.)

-CITE-

16 USC Sec. 95 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 95. Jurisdiction by the United States; fugitives from justice

-STATUTE-

Sole and exclusive jurisdiction is assumed by the United States

over the territory embraced within the Mount Rainier National Park,

saving, however, to the State of Washington the right to serve

civil or criminal process within the limits of the aforesaid park

in suits or prosecution for or on account of rights acquired,

obligations incurred, or crimes committed in said State but outside

of said park, and saving further to the said State the right to tax

persons and corporations, their franchises and property, on the

lands included in said park. All the laws applicable to places

under the sole and exclusive jurisdiction of the United States

shall have force and effect in said park. All fugitives from

justice taking refuge in said park shall be subject to the same

laws as refugees from justice found in the State of Washington.

-SOURCE-

(June 30, 1916, ch. 197, Sec. 1, 39 Stat. 243.)

-COD-

CODIFICATION

A provision accepting the act of the legislature of the State of

Washington which ceded to the United States exclusive jurisdiction

over the territory referred to in this section has been omitted as

executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 108 of this title.

-CITE-

16 USC Sec. 96, 97 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 96, 97. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.

992, eff. Sept. 1, 1948

-MISC1-

Section 96, act June 30, 1916, ch. 197, Sec. 2, 39 Stat. 244,

related to inclusion of park in judicial district. See section 128

of Title 28, Judiciary and Judicial Procedure.

Section 97, act June 30, 1916, ch. 197, Sec. 3, 39 Stat. 244,

related to offenses and punishment. See section 13 of Title 18,

Crimes and Criminal Procedure.

-CITE-

16 USC Sec. 98 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 98. Protection of game and fish; forfeitures and punishments

-STATUTE-

All hunting or the killing, wounding, or capturing at any time of

any wild bird or animal, except dangerous animals when it is

necessary to prevent them from destroying human lives or inflicting

personal injury, is prohibited within the limits of said park; nor

shall any fish be taken out of the waters of the park in any other

way than by hook and line, and then only at such seasons and in

such times and manner as may be directed by the Secretary of the

Interior. That the Secretary of the Interior shall make and publish

such rules and regulations as he may deem necessary and proper for

the management and care of the park and for the protection of the

property therein, especially for the preservation from injury or

spoliation of all timber, mineral deposits other than those legally

located prior to May 27, 1908, natural curiosities, or wonderful

objects within said park, and for the protection of the animals and

birds in the park from capture or destruction, and to prevent their

being frightened or driven from the park; and he shall make rules

and regulations governing the taking of fish from the streams or

lakes in the park. Possession within said park of the dead bodies,

or any part thereof, of any wild bird or animal shall be prima

facie evidence that the person or persons having the same are

guilty of violating this Act. Any person or persons, or stage or

express company, or railway company, who knows or has reason to

believe that they were taken or killed contrary to the provisions

of this Act and who receives for transportation any of said

animals, birds, or fish so killed, caught, or taken, or who shall

violate any of the other provisions of this Act, or any rule or

regulation that may be promulgated by the Secretary of the Interior

with reference to the management and care of the park or for the

protection of the property therein, for the preservation from

injury or spoliation of timber, mineral deposits other than those

legally located prior to May 27, 1908, natural curiosities, or

wonderful objects within said park, or for the protection of the

animals, birds, or fish in the park, or who shall within said park

commit any damage, injury, or spoliation to or upon any building,

fence, hedge, gate, guidepost, tree, wood, underwood, timber,

garden, crops, vegetables, plants, land, springs, mineral deposits

other than those legally located prior to May 27, 1908, natural

curiosities, or other matter or thing growing or being thereon or

situated therein, shall be deemed guilty of a misdemeanor and shall

be subject to a fine of not more than $500 or imprisonment not

exceeding six months, or both, and be adjudged to pay all costs of

the proceedings.

-SOURCE-

(June 30, 1916, ch. 197, Sec. 4, 39 Stat. 244.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 30, 1916, which is

classified to sections 95 to 105 of this title. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 108 of this title.

-CITE-

16 USC Sec. 99 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 99. Forfeitures and seizures of guns, traps, teams, etc.

-STATUTE-

All guns, traps, teams, horses, or means of transportation of

every nature or description used by any person or persons within

said park limits when engaged in killing, trapping, ensnaring, or

capturing such wild beasts, birds, or animals shall be forfeited to

the United States and may be seized by the officers in said park

and held pending the prosecution of any person or persons arrested

under charge of violating the provisions of this Act, and upon

conviction under this Act of such person or persons using said

guns, traps, teams, horses, or other means of transportation, such

forfeiture shall be adjudicated as a penalty in addition to the

other punishment provided in this Act. Such forfeited property

shall be disposed of and accounted for by and under the authority

of the Secretary of the Interior.

-SOURCE-

(June 30, 1916, ch. 197, Sec. 5, 39 Stat. 245.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act June 30, 1916, which is

classified to sections 95 to 105 of this title. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 108 of this title.

-CITE-

16 USC Sec. 100 to 105 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 100 to 105. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 100, acts June 30, 1916, ch. 197, Sec. 6, 39 Stat. 245;

June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to

appointment and jurisdiction of commissioner. See provisions

covering United States magistrate judges in section 631 et seq. of

Title 28, Judiciary and Judicial Procedure.

Section 101, act June 30, 1916, ch. 197, Sec. 7, 39 Stat. 245,

related to arrest and bail by commissioner (now magistrate judge).

Section 102, act June 30, 1916, ch. 197, Sec. 8, 39 Stat. 245,

related to issuance of process.

Section 103, acts June 30, 1916, ch. 197, Sec. 9, 39 Stat. 246;

June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to salary of

commissioner (now magistrate judge).

Section 104, act June 30, 1916, ch. 197, Sec. 11, 39 Stat. 246,

related to disposition of fines and costs.

Section 105, act June 30, 1916, ch. 197, Sec. 10, 39 Stat. 246,

related to fees, costs, and expenses chargeable to the United

States.

-CITE-

16 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 106. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act June 12, 1917, ch. 27, Sec. 1, 40 Stat. 152, related

to donations of patented lands or rights-of-way. See section 6 of

this title.

-CITE-

16 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 107. Boundary changed

-STATUTE-

The boundary of the Mount Rainier National Park is changed so as

to read as follows: Beginning at park boundary monument numbered 1,

established on the east line of section 4, township 17 north, range

7 east, Willamette meridian, by a survey of the boundaries of Mount

Rainier National Park, Washington, by the General Land Office, plat

dated April 17, 1909; thence southerly along the present west park

boundary line as established by said survey, being the midtownship

line of range 7 east, to its intersection with the south bank of

Nisqually River; thence easterly along said bank to its

intersection with the present south park boundary line at a point

east of park boundary monument numbered 28, as established by said

survey, being the township line between townships 14 and 15 north;

thence easterly along said south park boundary line to the

southeast corner of the present park boundary; thence northerly

along the present east park boundary line to park boundary monument

numbered 59, as established by said survey, being the midtownship

line of range 10 east; thence due north to the south bank of White

River; thence northeasterly along said bank to a point due east of

park boundary monument numbered 67, thence due west to said

monument numbered 67; thence westerly along the present north park

boundary line, as established by said survey, being the township

line between townships 17 and 18 north, to its intersection with

the north bank of Carbon River; thence westerly along said bank to

a point due north of park boundary monument numbered 1; thence due

south to place of beginning; and all of those lands lying within

the boundary above described are hereby included in and made a part

of the Mount Rainier National Park; and all of those lands of the

present Mount Rainier National Park excluded from the park are

included in and made a part of the Rainier National Forest, subject

to all national forest laws and regulations.

-SOURCE-

(May 28, 1926, ch. 410, Sec. 1, 44 Stat. 668.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 108, 109 of this title.

-CITE-

16 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 108. Other laws extended to added lands

-STATUTE-

The provisions of sections 1, 2, 3, 4, 91, 92, 93, 95, 98 and 99

of this title, and all Acts supplementary to and amendatory of said

sections are made applicable to and extended over the lands added

to the park by section 107 of this title: Provided, That the

provisions of the Federal Power Act (16 U.S.C. 791a et seq.), shall

not apply to or extend over such lands.

-SOURCE-

(May 28, 1926, ch. 410, Sec. 2, 44 Stat. 669.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, was in the original

the ''Act of June 10, 1920, entitled 'an Act to create a Federal

power commission; to provide for the improvement of navigation, the

development of water power; the use of the public lands in relation

thereto; and to repeal section 18 of the River and Harbor

Appropriation Act, approved August 8, 1917, and for other purposes'

'', and was redesignated the Federal Power Act by section 791a of

this title. The Federal Power Act is act June 10, 1920, ch. 285,

41 Stat. 1063, as amended, and is classified generally to chapter

12 (Sec. 791a et seq.) of this title. For complete classification

of this Act to the Code, see section 791a of this title and Tables.

-CITE-

16 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 109. Additional lands

-STATUTE-

The tract of land within the following-described boundaries is

excluded from the Rainier National Forest and is added to and made

a part of the Mount Rainier National Park, in the State of

Washington:

Beginning at a point on the present east boundary of Mount

Rainier National Park one and one-quarter miles southerly from the

northeast corner of the said park as fixed by section 107 of this

title, thence extending east to the summit of the hydrographic

divide between Silver Creek and White River; thence along the

summit of Crystal Mountain to the summit of the Cascade Mountains;

thence southerly along the summit of the Cascade Mountains to a

point in section 20, township 15 north, range 11 east, Willamette

meridian, whence flow the waters of Bumping River to the east and

Carlton and Cougar Creeks to the south and west; thence

southwesterly along the summit of the divide between Carlton Creek

and the waters flowing into the main fork of Ohanapecosh River to

the quarter section line of section 9, township 14 north, range 10

east, Willamette meridian; thence westerly along the quarter

section line of sections 9, 8, and 7 to the west boundary of said

township; thence due west to the right or west bank of Muddy Fork

of the Cowlitz River; thence northerly along the right bank of said

Muddy Fork to a point exactly due east of post numbered 34 on the

south boundary of Mount Rainier National Park as surveyed in 1908;

thence due west to said post numbered 34; thence along the boundary

of said park as surveyed in 1908 to post numbered 35; thence

easterly along the south boundary of said national park as surveyed

in 1908 to the southeast corner thereof; thence northerly along the

east boundary of said national park as surveyed in 1908 to post

numbered 59; thence along the east boundary of said park as revised

by section 107 of this title, northerly to the point of beginning.

-SOURCE-

(Jan. 31, 1931, ch. 71, Sec. 1, 46 Stat. 1047.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 110 of this title.

-CITE-

16 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 110. Laws and regulations applicable to added lands; free use

of roads maintained by State

-STATUTE-

All laws applicable to and in force within the Mount Rainier

National Park as of January 31, 1931, and all regulations issued

pursuant thereto, are made applicable to and extended over the land

added to the said park by section 109 of this title: Provided, That

no fee or charge shall be made by the United States for the use of

any roads in said park built or maintained exclusively by the State

of Washington.

-SOURCE-

(Jan. 31, 1931, ch. 71, Sec. 2, 46 Stat. 1048.)

-CITE-

16 USC Sec. 110a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 110a. Headquarters site; acquisition of lands

-STATUTE-

In order to apply the present headquarters site in Mount Rainier

National Park to public use for which it is more suitable and to

provide a headquarters for the park, the Secretary of the Interior

is authorized to provide a park headquarters in the general

vicinity of Ashford, Washington, and for such purpose to acquire in

this vicinity, by such means as he may deem to be in the public

interest, not more than three hundred acres of land, or interest

therein.

-SOURCE-

(Pub. L. 86-521, Sec. 1, June 27, 1960, 74 Stat. 219.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 110b of this title.

-CITE-

16 USC Sec. 110b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 110b. Administration of headquarters site

-STATUTE-

The headquarters site provided pursuant to section 110a of this

title shall constitute a part of Mount Rainier National Park and be

administered in accordance with the laws applicable thereto.

-SOURCE-

(Pub. L. 86-521, Sec. 2, June 27, 1960, 74 Stat. 219.)

-CITE-

16 USC Sec. 110c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK

-HEAD-

Sec. 110c. Boundary adjustments

-STATUTE-

(a) Park boundary adjustments

The boundaries of the Mount Rainier National Park as established

in the Act of March 2, 1899 (30 Stat. 993), as amended; (16 U.S.C.

91-110b), (FOOTNOTE 1) are further revised to add to the Park

approximately two hundred and forty acres, and to exclude from the

park approximately thirty-one and one-half acres, as generally

depicted on the map entitled ''Mount Rainier National Park Proposed

1987 Boundary Adjustments'', numbered 105-80,010B and dated January

1987, which shall be on file and available for public inspection in

the Washington office of the National Park Service, United States

Department of the Interior and at Mount Rainier National Park.

(FOOTNOTE 1) See References in Text note below.

(b) Forest boundary adjustment

The boundaries of the Snoqualmie National Forest and of the

Gifford Pinchot National Forest, are hereby revised to include in

the Snoqualmie National Forest approximately thirty-one and

one-half acres, to exclude from the Snoqualmie National Forest

approximately thirty acres, and to exclude from the Gifford Pinchot

National Forest approximately two hundred and ten acres, as

generally depicted on a map entitled ''Mount Rainier National Park

Proposed 1987 Boundary Adjustments'', numbered 105-80,010B, and

dated January 1987, which shall be on file and available for public

inspection in the Washington, District of Columbia office of the

Forest Service, United States Department of Agriculture and at the

Snoqualmie and Gifford Pinchot National Forests.

(c) Administration of park land

(1) Federal lands, and interests therein formerly within the

boundary of the Snoqualmie National Forest and the Gifford Pinchot

National Forest, which are included within the boundary of the

Mount Rainier National Park pursuant to this Act are, subject to

valid existing rights, hereby transferred to the administrative

jurisdiction of the Secretary of the Interior for administration as

part of the Park, and shall be subject to all the laws and

regulations of the Park.

(2) The Secretary of the Interior is authorized to accept either

concurrent or exclusive jurisdiction over lands and waters included

within Mount Rainier National Park by this Act. The Secretary shall

notify in writing the Governor of the State of Washington of the

acceptance of any such jurisdiction ceded to the United States by

the State. The existing exclusive Federal jurisdiction, where it

exists in the Park, shall remain in effect until such time as the

Secretary and the Governor shall agree upon the terms and

conditions of concurrent legislative jurisdiction for said Park

pursuant to section 251l of this title.

(3) Authorization of Land Acquisition. - The Secretary of the

Interior is authorized to acquire from willing sellers by donation,

purchase with donated or appropriated funds, exchange, bequest, or

otherwise all non-Federal lands, waters, and interests therein

included within the boundary of the Mount Rainier National Park

pursuant to this Act.

(d) Administration of forest land

(1) Federal lands, and interests therein formerly within the

boundary of the Mount Rainier National Park, which are excluded

therefrom and are included within the boundaries of the Snoqualmie

National Forest pursuant to this Act are, subject to valid existing

rights, hereby transferred to the administrative jurisdiction of

the Secretary of Agriculture for administration as part of the

Forest, and shall be subject to all the laws and regulations

applicable to the National Forest System.

(2) For the purposes of section 460l-9 of this title, the

boundaries of the Snoqualmie National Forest and the Gifford

Pinchot National Forest, as modified pursuant to this Act, shall be

treated as if they were the boundaries of those national forests on

January 1, 1965.

(3) Effective upon acceptance thereof by the State of Washington,

the jurisdiction which the United States acquired over those lands

excluded from the boundaries of the Mount Rainier National Park by

this Act is hereby retroceded to the State.

-SOURCE-

(Pub. L. 100-668, title III, Sec. 302, Nov. 16, 1988, 102 Stat.

3965.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 2, 1899 (30 Stat. 993), as amended, referred to in

subsec. (a), is act Mar. 2, 1899, ch. 377, 30 Stat. 993, which

enacted sections 91, 92, and 93 of this title. For complete

classification of this Act to the Code, see Tables.

This Act, referred to in subsecs. (c) and (d), is Pub. L.

100-668, Nov. 16, 1988, 102 Stat. 3961, which enacted section 110c

of this title, amended sections 90b, 90c-1, 90d-4, 251n, 256b,

256c, and 1274 of this title, and enacted provisions listed in a

table of Wilderness Areas set out under section 1132 of this title

and provisions set out as a note under sections 90 and 251n of this

title. For complete classification of this Act to the Code, see

Short Title of 1988 Amendment note set out under section 90 of this

title and Tables.

-CITE-

16 USC SUBCHAPTER XII - MESA VERDE NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

.

-HEAD-

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-CITE-

16 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 111. Establishment; boundaries

-STATUTE-

There is reserved from settlement, entry, sale, or other disposal

and set apart as a public reservation, all those certain tracts,

pieces and parcels of land lying and being situated in the State of

Colorado, within the boundaries described as follows:

Beginning at a point on the north boundary of the Southern Ute

Indian Reservation in southwestern Colorado where the north quarter

corner of unsurveyed fractional section 2, township 34 north, range

15 west, ''south of the Ute boundary'', intersects the same; thence

south to the south quarter corner of unsurveyed section 26, said

township; thence west to the southwest corner of unsurveyed section

25, township 34 north, range 16 west; thence north to the northwest

corner of unsurveyed fractional section 1 said township and range;

thence west to the southeast corner of fractional section 12,

township 34 north, range 16 west, ''north of the Ute boundary'';

thence north to the northwest corner of section 19, township 35

north, range 15 west; thence east to the southwest corner of the

southeast quarter of section 16, said township; thence north to the

northwest corner of the southeast quarter of said section; thence

east to the southwest corner of the northeast quarter of section

13, said township; thence north to the northwest corner of the

northeast quarter of said section; thence east to the southwest

corner of section 7, township 35 north, range 14 west; thence north

to the northwest corner of said section; thence east to the

southwest corner of section 5, said township; thence north to the

northwest corner of said section; thence east to the northeast

corner of said section; thence south to the southeast corner of the

northeast quarter of said section; thence east to the northeast

corner of the southwest quarter of section 4, said township; thence

south to the northwest corner of the southeast quarter of section

16, said township; thence east to the northeast corner of the

southeast quarter of said section; thence south to the northwest

corner of section 22, said township; thence east to the northeast

corner of said section; thence south to the northwest corner of

section 26, said township; thence east along the north section line

of section 26 to the east bank of the Rio Mancos: thence in a

southeasterly direction along the east bank of the Rio Mancos to

its intersection with the northern boundary line of the Southern

Ute Indian Reservation, thence west along said Indian reservation

boundary to its intersection with the range line between ranges 14

and 15 west, the place of beginning.

Said park shall be known as Mesa Verde National Park.

-SOURCE-

(June 29, 1906, ch. 3607, Sec. 1, 2, 34 Stat. 616, 617; June 30,

1913, ch. 4, Sec. 1, 38 Stat. 83.)

-COD-

CODIFICATION

Section is based on sections 1 and 2 of act June 29, 1906, and a

portion of section 1 of act June 30, 1913.

The first sentence to the colon is from a part of section 1 of

act June 29, 1906.

The second paragraph is from section 1 of act June 30, 1913. It

extended the park on the south and described the boundaries as thus

changed, thereby superseding the description contained in section 1

of act June 29, 1906. Section 1 of act June 30, 1913, also recited

that the lands added to the park by its provisions were lands

relinquished by Indians pursuant to an agreement incorporated and

ratified therein. The agreement was one dated May 10, 1911, with

the Wiminuche Band of Southern Ute Indians.

The last sentence of this section is taken from section 2 of act

June 29, 1906, which is also the source of section 112 of this

title.

-CITE-

16 USC Sec. 111a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 111a. Authorization for acquisition of additional lands

-STATUTE-

For the purpose of protecting the scenery along the Point Lookout

Road between the north boundary of the Mesa Verde National Park and

this road's juncture with the Cortez-Mancos Road, the President of

the United States is authorized, upon the recommendation of the

Secretary of the Interior, to add to the said Mesa Verde National

Park, Colorado, by executive proclamation, a strip of land two

hundred and sixty feet wide along and including said Point Lookout

Road, and the triangle formed by the fork in said road and such

other public land along or adjacent to said road and right-of-way

and lands as may be acquired by gift or by exchanges as hereinafter

provided, which lands shall thereupon become and be a part of said

park subject to all laws and regulations applicable thereto.

-SOURCE-

(Feb. 26, 1931, ch. 308, Sec. 1, 46 Stat. 1422.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111b of this title.

-CITE-

16 USC Sec. 111b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 111b. Donations or exchanges of lands

-STATUTE-

For the purpose of carrying out the provisions of this section

and section 111a of this title the Secretary of the Interior is

authorized to accept donations of land or right-of-way, or to

acquire title to any land along or adjacent to the said Point

Lookout Road as may be deemed desirable by him for the protection

of said road, by exchange for any unappropriated public lands

within sections 29 and 32, township 36 north, range 14 west, New

Mexico principal meridian, of equal value; the value of the lands

offered for exchange hereunder and the value of the lands of the

United States to be selected therefor shall be ascertained in such

manner as the Secretary of the Interior may direct; and the owners

of lands offered to the United States pursuant hereto shall, before

the exchange is effective, furnish the Secretary of the Interior

evidence satisfactory to him of title to the lands offered in

exchange.

-SOURCE-

(Feb. 26, 1931, ch. 308, Sec. 2, 46 Stat. 1423.)

-CITE-

16 USC Sec. 111c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 111c. Revision of boundaries; vested rights; administration

-STATUTE-

The boundaries of Mesa Verde National Park are hereby revised to

include the following described lands, which, subject to valid

existing rights, shall be administered as a part of the park in

accordance with sections 1, 2, 3, and 4 of this title, as amended

and supplemented:

NEW MEXICO PRINCIPAL MERIDIAN, COLORADO

TOWNSHIP 36 NORTH, RANGE 14 WEST

Section 29: All portions of the south half and the southeast

quarter northwest quarter lying south and west of the right-of-way

of United States Highway 160.

Section 32: Those portions of the section lying south and west of

the right-of-way of United States Highway 160, except the north

entrance road to the park, the southeast quarter southwest quarter,

and the southeast quarter northeast quarter southwest quarter.

Section 33: That portion of the northwest quarter northwest

quarter, more particularly described as follows: Beginning at a

point on the west line of section 33 which is 456.5 feet south of

the northwest corner of section 33, thence running south along the

west line of section 33 for a distance of 373.0 feet, thence

running east for a distance of 516.8 feet, thence running north for

a distance of 132.7 feet, thence running north 65 degrees 06

minutes west for a distance of 570.0 feet along the southwesterly

right-of-way of Highway 160 to the point of beginning.

-SOURCE-

(Pub. L. 88-235, Sec. 1, Dec. 23, 1963, 77 Stat. 473.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111d, 111e of this title.

-CITE-

16 USC Sec. 111d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 111d. Acquisition of lands within boundaries of park

-STATUTE-

The Secretary of the Interior may acquire by purchase, with

donated or appropriated funds, lands and interests in lands within

the boundaries of Mesa Verde National Park as revised by section

111c of this title.

-SOURCE-

(Pub. L. 88-235, Sec. 2, Dec. 23, 1963, 77 Stat. 474.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111e of this title.

-CITE-

16 USC Sec. 111e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 111e. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums, but not

more than $193,233 as may be necessary to carry out the provisions

of sections 111c to 111e of this title.

-SOURCE-

(Pub. L. 88-235, Sec. 3, Dec. 23, 1963, 77 Stat. 474; Pub. L.

94-578, title I, Sec. 101(8), Oct. 21, 1976, 90 Stat. 2732.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-578 substituted ''$193,233'' for ''$125,000''.

-CITE-

16 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 112. Control; regulations; prehistoric ruins

-STATUTE-

Mesa Verde National Park shall be under the exclusive control of

the Secretary of the Interior. In addition to the duties and powers

enumerated in section 3 of this title not inconsistent with this

section, he shall establish such service as he may deem necessary

for the care and management of the same. Such regulations shall

provide specifically for the preservation from injury or spoliation

of the ruins and other works and relics of prehistoric or primitive

man within said park.

-SOURCE-

(June 29, 1906, ch. 3607, Sec. 2, 34 Stat. 617; June 30, 1913, ch.

4, Sec. 1, 38 Stat. 84.)

-COD-

CODIFICATION

As enacted by act June 29, 1906, this section began with a clause

naming the park which was stricken out and inserted as the last

sentence of section 111 of this title.

A provision for the making of necessary rules and regulations by

the Secretary of the Interior has been omitted by reason of the

reference to section 3 of this title, derived from act Aug. 25,

1916, ch. 408, Sec. 3, 39 Stat. 535, authorizing the Secretary of

the Interior to make and publish rules and regulations applicable

to National Parks.

-CITE-

16 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 113. Examinations, excavations, and gathering objects of

interest

-STATUTE-

The Secretary of the Interior is authorized to permit

examinations, excavations, and other gathering of objects of

interest within said park by any person or persons whom he may deem

properly qualified to conduct such examinations, excavations, or

gatherings, subject to such rules and regulations as he may

prescribe: Provided always, That the examinations, excavations, and

gatherings shall be undertaken only for the benefit of some

reputable museum, university, college, or other recognized

scientific or educational institution, with a view to increasing

the knowledge of such objects and aiding the general advancement of

archaeological science.

-SOURCE-

(June 29, 1906, ch. 3607, Sec. 3, 34 Stat. 617.)

-CITE-

16 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 114. Removal, disturbance, destruction, or molestation of

ruins

-STATUTE-

Any person or persons who may otherwise in any manner willfully

remove, disturb, destroy, or molest any of the ruins, mounds,

buildings, graves, relics, or other evidences of an ancient

civilization or other property from said park shall be deemed

guilty of a misdemeanor, and upon conviction before any court

having jurisdiction of such offenses shall be fined not more than

$1,000 or imprisoned not more than twelve months, or such person or

persons may be fined and imprisoned, at the discretion of the

judge, and shall be required to restore the property disturbed, if

possible.

-SOURCE-

(June 29, 1906, ch. 3607, Sec. 4, 34 Stat. 617.)

-CITE-

16 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 115. Leases and permits; prehistoric ruins not included

-STATUTE-

The Secretary of the Interior may, upon terms and conditions to

be fixed by him, grant leases and permits for the use of the land

or development of the resources thereof, in the Mesa Verde National

Park, and the funds derived therefrom shall be covered into the

Treasury of the United States. Such leases or grants shall not

include any of the prehistoric ruins in said park or exclude the

public from free or convenient access thereto.

-SOURCE-

(June 25, 1910, ch. 385, Sec. 1, 36 Stat. 796.)

-CITE-

16 USC Sec. 115a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 115a. Mineral resources; exploitation

-STATUTE-

After January 26, 1931, no permit, license, lease, or other

authorization for the prospecting, development, or utilization of

the mineral resources within the Mesa Verde National Park,

Colorado, shall be granted or made.

-SOURCE-

(Jan. 26, 1931, ch. 47, Sec. 1, 46 Stat. 1043.)

-CITE-

16 USC Sec. 116 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 116. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act June 12, 1917, ch. 27, Sec. 1, 40 Stat. 152, related

to donations of lands or rights-of-way. See section 6 of this

title.

-CITE-

16 USC Sec. 117 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 117. Exclusive jurisdiction ceded to United States by

Colorado; saving provisions; fugitives from justice

-STATUTE-

Sole and exclusive jurisdiction is assumed by the United States

over the territory embraced and included within the Mesa Verde

National Park, saving, however, to the State of Colorado the right

to serve civil or criminal process within the limits of the

aforesaid park in suits or prosecutions for or on account of rights

acquired, obligations incurred, or crimes committed outside of said

park; and saving further to the said State the right to tax persons

and corporations, their franchises and property on the lands

included in said tracts: and saving also to the persons residing in

said park now or after April 25, 1928, the right to vote at all

elections held within the county or counties in which said tracts

are situated. All the laws applicable to places under the sole and

exclusive jurisdiction of the United States shall have force and

effect in said park. All fugitives from justice taking refuge in

said park shall be subject to the same laws as refugees from

justice found in the State of Colorado.

-SOURCE-

(Apr. 25, 1928, ch. 434, Sec. 1, 45 Stat. 458.)

-COD-

CODIFICATION

A provision accepting the act of the Colorado Legislature which

ceded to the United States exclusive jurisdiction over the

territory referred to in this section has been omitted as executed.

-CITE-

16 USC Sec. 117a, 117b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 117a, 117b. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 117a, act Apr. 25, 1928, ch. 434, Sec. 2, 45 Stat. 459,

related to inclusion of park in a judicial district. See section

85 of Title 28, Judiciary and Judicial Procedure.

Section 117b, act Apr. 25, 1928, ch. 434, Sec. 3, 45 Stat. 459,

related to applicability of Colorado laws to offenses. See section

13 of Title 18, Crimes and Criminal Procedure.

-CITE-

16 USC Sec. 117c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 117c. Hunting and fishing; general rules and regulations;

protection of property; violation of statutes and rules;

penalties

-STATUTE-

All hunting or the killing, wounding, or capturing at any time of

any wild bird or animal, except dangerous animals when it is

necessary to prevent them from destroying human lives or inflicting

personal injury, is prohibited within the limits of said park; nor

shall any fish be taken out of the waters of the park in any other

way than by hook and line, and then only at such seasons and in

such times and manner as may be directed by the Secretary of the

Interior. That the Secretary of the Interior shall make and publish

such general rules and regulations as he may deem necessary and

proper for the management and care of the park and for the

protection of the property therein, especially for the preservation

from injury or spoliation of the ruins and other works and relics

of prehistoric or primitive man, all timber, natural curiosities,

or wonderful objects within said park, and for the protection of

the animals and birds in the park from capture or destruction, and

to prevent their being frightened or driven from the park; and he

shall make rules and regulations governing the taking of fish from

the streams or lakes in the park. Possession within said park of

the dead bodies, or any part thereof, of any wild bird or animal

shall be prima facie evidence that the person or persons having the

same are guilty of violating this Act. Any person or persons, or

stage or express company, or railway company, who knows or has

reason to believe that they were taken or killed contrary to the

provisions of this Act and who receives for transportation any of

said animals, birds, or fish so killed, caught, or taken, or who

shall violate any of the provisions of this Act or any rule or

regulation that may be promulgated by the Secretary of the Interior

with reference to the management and care of the park or for the

protection of the property therein, for the preservation from

injury or spoliation of the ruins and other works and relics of

prehistoric or primitive man, and timber, natural curiosities, or

wonderful objects within said park, or for the protection of the

animals, birds, or fish in the park, or who shall within said park

commit any damage, injury, or spoliation to or upon any building,

fence, hedge, gate, guidepost, tree, wood, underwood, timber,

garden, crops, vegetables, plants, land, springs, natural

curiosities, or other matter or thing growing or being thereon or

situated therein, shall be deemed guilty of a misdemeanor and shall

be subject to a fine of not more than $500 or imprisonment not

exceeding six months, or both, and be adjudged to pay all costs of

the proceedings: Provided, however, That any person or persons who

may, without permission from the Secretary of the Interior, in any

manner willfully remove, disturb, destroy, or molest any of the

ruins, mounds, buildings, graves, relics, or other evidences of an

ancient civilization from said park shall upon conviction before

any court having jurisdiction of such offenses be fined not more

than $1,000 or imprisoned not more than twelve months, or such

person or persons may be fined and imprisoned, at the discretion of

the judge, and shall be required to restore the property disturbed,

if possible.

-SOURCE-

(Apr. 25, 1928, ch. 434, Sec. 4, 45 Stat. 459.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Apr. 25, 1928, which is

classified to sections 117 to 117j of this title. For complete

classification of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 117d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 117d. Forfeiture of property used for unlawful purpose

-STATUTE-

All guns, traps, teams, horses, or means of transportation of

every nature or description used by any person or persons within

said park limits when engaged in killing, trapping, ensnaring, or

capturing such wild beasts, birds, or animals shall be forfeited to

the United States and may be seized by the officers in said park

and held pending the prosecution of any person or persons arrested

under charge of violating the provisions of this Act, and upon

conviction under this Act of such person or persons using said

guns, traps, teams, horses, or other means of transportation, such

forfeiture shall be adjudicated as a penalty in addition to the

other punishment provided in this Act. Such forfeited property

shall be disposed of and accounted for by and under the authority

of the Secretary of the Interior.

-SOURCE-

(Apr. 25, 1928, ch. 434, Sec. 5, 45 Stat. 460.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Apr. 25, 1928, which is

classified to sections 117 to 117j of this title. For complete

classification of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 117e to 117j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 117e to 117j. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 117e, acts Apr. 25, 1928, ch. 434, Sec. 6, 45 Stat. 460;

June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to

appointment and jurisdiction of commissioner. See provisions

covering United States magistrate judges in section 631 et seq. of

Title 28, Judiciary and Judicial Procedure.

Section 117f, act Apr. 25, 1928, ch. 434, Sec. 7, 45 Stat. 460,

related to criminal offenses. See sections 3041 and 3141 of Title

18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of

Federal Rules of Criminal Procedure, Title 18, Appendix.

Section 117g, act Apr. 25, 1928, ch. 434, Sec. 8, 45 Stat. 460,

related to issuance of process.

Section 117h, acts Apr. 25, 1928, ch. 434, Sec. 9, 45 Stat. 461;

June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to salary of

commissioner (now magistrate judge).

Section 117i, act Apr. 25, 1928, ch. 434, Sec. 10, 45 Stat. 461,

related to fees, costs, and expenses against the United States.

Section 117j, act Apr. 25, 1928, ch. 434, Sec. 11, 45 Stat. 461,

related to disposition of fines and costs.

-CITE-

16 USC Sec. 118 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XII - MESA VERDE NATIONAL PARK

-HEAD-

Sec. 118. Appropriations; availability for operation of Aileen

Nusbaum Hospital

-STATUTE-

Appropriations made for Mesa Verde National Park shall be

available for the operation of the Aileen Nusbaum Hospital and the

furnishing of the necessary service in connection therewith at

rates to be fixed by the Secretary of the Interior.

-SOURCE-

(May 14, 1930, ch. 273, Sec. 1, 46 Stat. 315.)

-CITE-

16 USC SUBCHAPTER XIII - PETRIFIED FOREST NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIII - PETRIFIED FOREST NATIONAL PARK

.

-HEAD-

SUBCHAPTER XIII - PETRIFIED FOREST NATIONAL PARK

-CITE-

16 USC Sec. 119 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIII - PETRIFIED FOREST NATIONAL PARK

-HEAD-

Sec. 119. Establishment; notice in Federal Register;

administration; exchange and acquisition of lands; remaining

funds

-STATUTE-

In order to permit the establishment of the Petrified Forest

National Monument, Arizona, and other lands as provided for herein,

as the Petrified Forest National Park, such national park shall be

established (a) after title to all of the lands described in

section 119a of this title shall have been vested in the United

States, with the exception of such easements and rights-of-way for

railroad, public utilities, and highway purposes as may be

acceptable to the Secretary of the Interior, and (b) when

notification of the effective date of such establishment of the

park, as determined by the said Secretary, is published in the

Federal Register. Disestablishment of the Petrified Forest National

Monument shall be effected concurrently with the establishment of

the park.

The Petrified Forest National Park shall be preserved and

administered in its natural condition by the Secretary of the

Interior for the public benefit in accordance with the general laws

governing areas of the National Park System and in accordance with

the basic policies relating thereto as prescribed by sections 1, 2,

3, and 4 of this title.

The exchange authority prescribed for the Petrified Forest

National Monument in sections 444 and 444a of this title, is hereby

extended to all the lands within the Petrified Forest National Park

as herein authorized.

For the purposes of this section and section 119a of this title,

the Secretary is authorized to acquire, in such manner as he shall

consider to be in the public interest, any non-Federal land or

interests in land within the area hereby authorized to be

established as the Petrified Forest National Park. In acquiring any

State-owned land or interests therein within the aforesaid area,

such property may be procured by the United States without regard

to any limitations heretofore prescribed by the Congress relating

to the disposal of State-owned properties.

Upon establishment of the Petrified Forest National Park, as

authorized by this section and section 119a of this title, any

remaining balance of funds that may be available for purposes of

the Petrified Forest National Monument shall thereafter be

available for expenditure for purposes of the Petrified Forest

National Park.

-SOURCE-

(Pub. L. 85-358, Sec. 1, Mar. 28, 1958, 72 Stat. 69.)

-MISC1-

TRANSFER OF JURISDICTION, AIR FORCE HOUSING AT RADAR BOMB SCORING

SITE, HOLBROOK, ARIZONA

Pub. L. 103-337, div. B, title XXVIII, Sec. 2844, Oct. 5, 1994,

108 Stat. 3068, provided that:

''(a) Transfer Authorized. - As part of the closure of an Air

Force Radar Bomb Scoring Site located near Holbrook, Arizona, the

Secretary of the Air Force may transfer, without reimbursement, the

administrative jurisdiction, accountability, and control of the

housing units and associated support facilities used in connection

with the site to the Secretary of the Interior for use in

connection with Petrified Forest National Park.

''(b) Description of Property. - The exact acreage and legal

description of the real property to be transferred under subsection

(a) shall be determined by a survey satisfactory to the Secretary

of the Air Force and the Secretary of the Interior.

''(c) Additional Terms and Conditions. - The Secretary of the Air

Force may require such additional terms and conditions in

connection with the transfer of real property under subsection (a)

as the Secretary considers appropriate.''

-CITE-

16 USC Sec. 119a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIII - PETRIFIED FOREST NATIONAL PARK

-HEAD-

Sec. 119a. Boundaries

-STATUTE-

The Petrified Forest National Park, authorized to be established

pursuant to section 119 of this title, shall comprise the following

described lands:

GILA AND SALT RIVER MERIDIAN

Township 20 north, range 23 east: Sections 1, 2, 3, 10, 11, 12,

13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, all.

Township 20 north, range 24 east: All.

Township 20 north, range 25 east: Sections 4, 5, 6, 7, 8, 9, 16,

17, 18, all.

Township 19 north, range 23 east: Sections 1, 2, 3, 10, 11, 12,

13, 14, 15, all.

Township 19 north, range 24 east: Sections 2, 3, 4, 5, 6, 7, 8,

9, 10, all; section 11, northwest quarter and north half northeast

quarter; sections 16, 17, 18, 21, 28, 33, all.

Township 18 north, range 24 east: Sections 4, 9, all; section 10,

southwest quarter; sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26,

27, 28, 33, 34, 35, 36, all.

Township 17 north, range 24 east: Sections 2, 11, 14, 23, 26,

west halves; sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19,

20, 21, 22, 27, 28, 29, 30, 31, 32, 33, all.

Township 17 north, range 23 east: Sections 34, 35, 36, all.

Township 16 north, range 24 east: Sections 3 and 10, west halves;

sections 4, 5, 6, 7, 8, 9, all.

Township 16 north, range 23 east: Sections 1, 2, 11, 12, all;

sections 3, 10, east halves.

Township 19 north, range 24 east: the southwest quarter of the

southwest quarter of section 27.

-SOURCE-

(Pub. L. 85-358, Sec. 2, Mar. 28, 1958, 72 Stat. 69; Pub. L.

99-250, Sec. 1, Feb. 27, 1986, 100 Stat. 13.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-250 inserted ''Township 19 north, range 24

east: the southwest quarter of the southwest quarter of section

27.''

EFFECTIVE DATE OF 1986 AMENDMENT

Section 2 of Pub. L. 99-250 provided that: ''The provisions of

this Act (amending this section) shall not take effect until the

Secretary of the Interior determines that fee simple title to the

property described in section 1 has vested in the United States.

Such determination of the Secretary shall be published in the

Federal Register.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 119 of this title.

-CITE-

16 USC SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

.

-HEAD-

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-CITE-

16 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 121. Establishment; boundaries

-STATUTE-

In order to preserve for the benefit, education, and inspiration

of the people of the United States certain unique and ancient

volcanic features, including Crater Lake, together with significant

forest and fish and wildlife resources, there is hereby established

the Crater Lake National Park in the State of Oregon. The boundary

of the park shall encompass the lands, waters, and interests

therein within the area generally depicted on the map entitled,

''Crater Lake National Park, Oregon'', numbered 106-80-001-A, and

dated March 1981, which shall be on file and available for public

inspection in the office of the National Park Service, Department

of the Interior. Lands, waters, and interests therein within the

boundary of the park which were within the boundary of any national

forest are excluded from such national forest and the boundary of

such national forest is revised accordingly.

-SOURCE-

(May 22, 1902, ch. 820, Sec. 1, 32 Stat. 202; Pub. L. 96-553, Sec.

1(a), Dec. 19, 1980, 94 Stat. 3255; Pub. L. 97-250, Sec. 1(a),

Sept. 8, 1982, 96 Stat. 709.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-250 substituted ''numbered 106-80-001-A, and

dated March 1981'' for ''numbered 106-80,001, and dated February

1980''.

1980 - Pub. L. 96-553 substituted provisions relating to

establishment and map depicting boundaries of Crater Lake National

Park for provisions setting out latitude and longitude of Crater

Lake National Park and dedication of such Park.

DISPOSITION OF EXCLUDED LANDS, WATER, AND INTERESTS

Section 1(b) of Pub. L. 97-250 provided that: ''Lands, water, and

interests therein excluded from the boundary of Crater Lake

National Park by subsection (a) (amending this section) are hereby

made a part of the Rogue River National Forest, and the boundary of

such national forest is revised accordingly.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 123 of this title.

-CITE-

16 USC Sec. 121a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 121a. Repealed. Pub. L. 96-553, Sec. 1(b), Dec. 19, 1980, 94

Stat. 3255

-MISC1-

Section, act May 14, 1932, ch. 184, 47 Stat. 155, related to

additions to Crater Lake National Park.

-CITE-

16 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 122. Control; regulations

-STATUTE-

Crater Lake National Park shall be under the control and custody

of the Secretary of the Interior. In addition to the powers and

duties enumerated in section 3 of this title not inconsistent with

this section, he shall cause adequate measures to be taken for the

preservation of the natural objects within said park, and also for

the protection of the timber from wanton depredation, the

preservation of all kinds of game and fish, the punishment of

trespassers, the removal of unlawful occupants and intruders, and

the prevention and extinguishment of forest fires.

-SOURCE-

(May 22, 1902, ch. 820, Sec. 2, 32 Stat. 202.)

-COD-

CODIFICATION

A provision for the making of necessary rules and regulations by

the Secretary of the Interior has been omitted by reason of the

reference to section 3 of this title, derived from act Aug. 25,

1916, ch. 408, Sec. 3, 39 Stat. 535, authorizing the Secretary of

the Interior to make and publish rules and regulations applicable

to National Parks.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 123 of this title.

-CITE-

16 USC Sec. 122a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 122a. Water quality of Crater Lake; studies and

investigations; report to Congress

-STATUTE-

The Secretary of the Interior is authorized and directed to

promptly instigate studies and investigations as to the status and

trends of change of the water quality of Crater Lake, and to

immediately implement such actions as may be necessary to assure

the retention of the lake's natural pristine water quality. Within

two years of the effective date of this provision, and biennially

thereafter for a period of ten years, the Secretary shall report

the results of such studies and investigations, and any

implementation actions instigated, to the appropriate committees of

the Congress.

-SOURCE-

(Pub. L. 97-250, Sec. 1(c), Sept. 8, 1982, 96 Stat. 709.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this provision, referred to in text,

probably means the date of enactment of Pub. L. 97-250, which was

approved Sept. 8, 1982.

-CITE-

16 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 123. Settlement, residence, lumbering, or business within park

punishable; admission of visitors

-STATUTE-

It shall be unlawful for any person to establish any settlement

or residence within Crater Lake National Park, or to engage in any

lumbering, or other enterprise or business occupation therein, or

to enter therein for any speculative purpose whatever, and any

person violating the provisions of this section or sections 121 and

122 of this title, or the rules and regulations established

thereunder, shall be punished by a fine of not more than $500, or

by imprisonment for not more than one year, and shall further be

liable for all destruction of timber or other property of the

United States in consequence of any such unlawful act. Crater Lake

National Park shall be open, under such regulations as the

Secretary of the Interior may prescribe, to all scientists,

excursionists, and pleasure seekers. Restaurant and hotel keepers,

upon application to the Secretary of the Interior, may be permitted

by him to establish places of entertainment within the Crater Lake

National Park for the accommodation of visitors, at places and

under regulations fixed by the Secretary of the Interior, and not

otherwise.

-SOURCE-

(May 22, 1902, ch. 820, Sec. 3, 32 Stat. 203; Pub. L. 94-429, Sec.

3(a), Sept. 28, 1976, 90 Stat. 1342.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-429 struck out provision that the park be open,

under the supervision of the Secretary of the Interior, to the

location and working of mining claims.

MINING RIGHTS EXISTING PRIOR TO 1976 AMENDMENT

Section 3 of Pub. L. 94-429 provided in part that this section

was amended as indicated in order to close area to entry and

location under the Mining Law of 1872, subject to valid existing

rights.

-CITE-

16 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 124. Jurisdiction by the United States; fugitives from justice

-STATUTE-

Sole and exclusive jurisdiction is assumed by the United States

over the territory embraced within the Crater Lake National Park,

saving, however, to the State of Oregon the right to serve civil or

criminal process within the limits of the aforesaid park in suits

or prosecution for or on account of rights acquired, obligations

incurred, or crimes committed in said State but outside of said

park, and saving further to the said State the right to tax persons

and corporations, their franchises and property, on the lands

included in said park. All the laws applicable to places under the

sole and exclusive jurisdiction of the United States shall have

force and effect in said park. All fugitives from justice taking

refuge in said park shall be subject to the same laws as refugees

from justice found in the State of Oregon.

-SOURCE-

(Aug. 21, 1916, ch. 368, Sec. 1, 39 Stat. 521.)

-COD-

CODIFICATION

A provision accepting the act of the Oregon Legislature which

ceded to the United States exclusive jurisdiction over the

territory referred to in this section has been omitted as executed.

-CITE-

16 USC Sec. 125, 126 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 125, 126. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.

992, eff. Sept. 1, 1948

-MISC1-

Section 125, act Aug. 21, 1916, ch. 368, Sec. 2, 39 Stat. 522,

related to inclusion of park in judicial district. See section 117

of Title 28, Judiciary and Judicial Procedure.

Section 126, act Aug. 21, 1916, ch. 368, Sec. 3, 39 Stat. 522,

related to offenses. See section 13 of Title 18, Crimes and

Criminal Procedure.

-CITE-

16 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 127. Hunting and fishing; rules and regulations; punishment

-STATUTE-

All hunting or the killing, wounding, or capturing at any time of

any wild bird or animal, except dangerous animals when it is

necessary to prevent them from destroying human lives or inflicting

injury, is prohibited within the limits of said park; nor shall any

fish be taken out of the waters of the park in any other way than

by hook and line, and then only at such seasons and in such times

and manner as may be directed by the Secretary of the Interior. The

Secretary of the Interior shall make and publish such rules and

regulations as he may deem necessary and proper for the management

and care of the park and for the protection of the property

therein, especially for the preservation from injury or spoliation

of all timber, mineral deposits other than those legally located

prior to August 21, 1916, natural curiosities, or wonderful objects

within said park, and for the protection of the animals and birds

in the park from capture or destruction, and to prevent their being

frightened or driven from the park; and he shall make rules and

regulations governing the taking of fish from the streams or lakes

in the park. Possession within said park of the dead bodies, or

any part thereof, of any wild bird or animal shall be prima facie

evidence that the person or persons having the same are guilty of

violating this Act. Any person or persons, or stage or express

company, or railway company, who knows or has reason to believe

that they were taken or killed contrary to the provisions of this

Act and who receives for transportation any of said animals, birds,

or fish so killed, caught, or taken, or who shall violate any of

the other provisions of this Act or any rule or regulation that may

be promulgated by the Secretary of the Interior with reference to

the management and care of the park or for the protection of the

property therein, for the preservation from injury or spoliation of

timber, mineral deposits other than those legally located prior to

August 21, 1916, natural curiosities, or wonderful objects within

said park, or for the protection of the animals, birds, or fish in

the park, or who shall within said park commit any damage, injury,

or spoliation to or upon any building, fence, hedge, gate,

guidepost, tree, wood, underwood, timber, garden, crops,

vegetables, plants, land, springs, mineral deposits other than

those legally located prior to August 21, 1916, natural

curiosities, or other matter or thing growing or being thereon or

situate therein, shall be deemed guilty of a misdemeanor, and shall

be subject to a fine of not more than $500 or imprisonment not

exceeding six months, or both, and be adjudged to pay all costs of

the proceedings.

-SOURCE-

(Aug. 21, 1916, ch. 368, Sec. 4, 39 Stat. 522.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 21, 1916, which is

classified to sections 124 to 134 of this title. For complete

classification of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 128. Forfeitures or seizures of guns, traps, teams, etc., for

violating regulations

-STATUTE-

All guns, traps, teams, horses, or means of transportation of

every nature or description used by any person or persons within

said park limits when engaged in killing, trapping, ensnaring, or

capturing such wild beasts, birds, or animals shall be forfeited to

the United States and may be seized by the officers in said park

and held pending the prosecution of any person or persons arrested

under charge of violating the provisions of this Act, and upon

conviction under this Act of such person or persons using said

guns, traps, teams, horses, or other means of transportation, such

forfeiture shall be adjudicated as a penalty in addition to the

other punishment provided in this Act. Such forfeited property

shall be disposed of and accounted for by and under the authority

of the Secretary of the Interior.

-SOURCE-

(Aug. 21, 1916, ch. 368, Sec. 5, 39 Stat. 523.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 21, 1916, which is

classified to sections 124 to 134 of this title. For complete

classification of this Act to the Code, see Tables.

-CITE-

16 USC Sec. 129 to 134 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 129 to 134. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 129, acts Aug. 21, 1916, ch. 368, Sec. 6, 39 Stat. 523;

June 25, 1935, ch. 309, Sec. 1, 49 Stat. 422; June 28, 1938, ch.

778, Sec. 1, 52 Stat. 1213, related to appointment and jurisdiction

of commissioner. See provisions covering United States magistrate

judges under section 631 et seq. of Title 28, Judiciary and

Judicial Procedure.

Section 130, act Aug. 21, 1916, ch. 368, Sec. 7, 39 Stat. 523,

related to arrests by commissioner (now magistrate judge).

Section 131, act Aug. 21, 1916, ch. 368, Sec. 8, 39 Stat. 523,

related to issuance of process.

Section 132, acts Aug. 21, 1916, ch. 368, Sec. 9, 39 Stat. 523;

June 25, 1935, ch. 309, Sec. 2, 49 Stat. 422, related to residence

of commissioner (now magistrate judge).

Section 132a, act June 25, 1935, ch. 309, Sec. 3, 49 Stat. 422,

related to salary of commissioner (now magistrate judge).

Section 133, act Aug. 21, 1916, ch. 368, Sec. 11, 39 Stat. 524,

related to disposition of fines and costs.

Section 134, act Aug. 21, 1916, ch. 368, Sec. 10, 39 Stat. 524,

related to accounting for fees, costs, and expenses.

-CITE-

16 USC Sec. 135 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIV - CRATER LAKE NATIONAL PARK

-HEAD-

Sec. 135. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028

-MISC1-

Section, act June 12, 1917, ch. 27, Sec. 1, 40 Stat. 152, related

to donations of patented lands or rights-of-way. See section 6 of

this title.

-CITE-

16 USC SUBCHAPTER XV - WIND CAVE NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

.

-HEAD-

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-CITE-

16 USC Sec. 141 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 141. Establishment; boundaries

-STATUTE-

There are reserved from settlement, entry, sale, or other

disposal, and set apart as a public park, all those certain tracts,

pieces, or parcels of land lying and being situate in the State of

South Dakota and within the boundaries particularly described as

follows: Beginning at the southeast corner of section 13, township

6 south, range 5 east, Black Hills meridian, South Dakota; thence

westerly to the southwest corner of the southeast quarter section

16, said township; thence northerly along the quarter-section lines

to the northwest corner of the northeast quarter of section 4, said

township; thence easterly to the southwest corner of section 34,

township 5 south, range 5 east; thence northerly to the northwest

corner of said section; thence easterly to the northeast corner of

section 31, township 5 south, range 6 east; thence southerly along

the section lines to the southeast corner of section 7, township 6

south, range 6 east; thence westerly to the southwest corner of

said section; thence southerly to the southeast corner of section

13, township 6 south, range 5 east, the place of beginning.

Nothing herein contained shall be construed to affect any valid

rights acquired in connection with any of the lands embraced within

the limits of said park which shall be known as Wind Cave National

Park.

-SOURCE-

(Jan. 9, 1903, ch. 63, Sec. 1, 2, 32 Stat. 765.)

-COD-

CODIFICATION

This section, with the exception of the last clause, which names

the park, was from section 1 of act Jan. 9, 1903. The last clause

was taken from section 2 of said act which section is also the

source of section 142 of this title.

-CITE-

16 USC Sec. 141a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 141a. Revision of boundaries

-STATUTE-

The boundary of the Wind Cave National Park is established as

follows:

Beginning at the southeast corner of section 13, township 6

south, range 5 east; thence west to the southwest corner of section

15, township 6 south, range 5 east; thence north to the west

quarter corner of section 10, township 6 south, range 5 east;

thence to the north quarter corner of section 10, township 6 south,

range 5 east; thence to the west quarter corner of section 2,

township 6 south, range 5 east; thence north to the northwest

corner of the southwest quarter of the northwest quarter of section

11, township 5 south, range 5 east; thence to the north quarter

corner of section 11, township 5 south, range 5 east; thence to the

northeast corner of the southeast quarter of the southeast quarter

of section 2, township 5 south, range 5 east; thence east to the

northeast corner of the southwest quarter of the southwest quarter

of section 6, township 5 south, range 6 east; thence in a

southeasterly direction to the southeast corner of the northeast

quarter of section 7, township 5 south, range 6 east along a line

to be mutually acceptable to the South Dakota Game, Fish, and Parks

Commission and the Secretary of the Interior; thence from the

southeast corner of the northeast quarter of section 7, township 5

south, range 6 east; east to the northeast corner of the southwest

quarter of section 12, township 5 south, range 6 east; thence south

to the northeast corner of the southeast quarter of the southwest

quarter of section 12, township 5 south, range 6 east; thence east

to the northeast corner of the southwest quarter of the southwest

quarter of section 7, township 5 south, range 7 east, thence south

to the southeast corner of the southwest quarter of the southwest

quarter of section 18, township 5 south, range 7 east; thence west

to the northeast corner of section 24, township 5 south, range 6

east; thence south to the southeast corner of section 24, township

5 south, range 6 east; thence west to the southwest corner of

section 24, township 5 south, range 6 east; thence south to the

southeast corner of the northeast quarter of the southeast quarter

of section 35, township 5 south, range 6 east; thence west to the

southwest corner of the northwest quarter of the southwest quarter

of section 35, township 5 south, range 6 east; thence south to the

southeast corner of section 34, township 5 south, range 6 east;

thence west to the southwest corner of the southeast quarter of the

southwest quarter of section 33, township 5 south, range 6 east;

thence north to the northeast corner of the northwest quarter of

the southwest quarter of section 28, township 5 south, range 6

east; thence west to the northwest corner of the southwest quarter

of section 29, township 5 south, range 6 east; thence south to the

southeast corner of section 7, township 6 south, range 6 east;

thence west to the southwest corner of section 7, township 6 south,

range 6 east; thence south to the southeast corner of section 13,

township 6 south, range 5 east; the point of beginning, and all of

those lands lying within the boundary above described, together

with the south half of the northeast quarter and the west half of

the northeast quarter of the northeast quarter of section 32,

township 5 south, range 5 east, are included in and made a part of

the Wind Cave National Park and shall be subject to all laws and

regulations applicable thereto.

-SOURCE-

(Mar. 4, 1931, ch. 496, 46 Stat. 1518; Aug. 9, 1946, ch. 935, Sec.

1, 60 Stat. 970.)

-MISC1-

AMENDMENTS

1946 - Act Aug. 9, 1946, revised the boundaries of the park.

-CITE-

16 USC Sec. 141b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 141b. Wind Cave National Game Preserve transferred to park

-STATUTE-

Effective July 1, 1935, the Wind Cave National Game Preserve in

the State of South Dakota is abolished, and all the property, real

or personal, comprising the same is transferred to and made a part

of the Wind Cave National Park and the same shall be administered

by the Secretary of the Interior as a part of said park, subject to

all laws and regulations applicable thereto, for the purposes

expressed in section 672 of this title, establishing said game

preserve.

-SOURCE-

(June 15, 1935, ch. 261, title VI, Sec. 601, 49 Stat. 383.)

-REFTEXT-

REFERENCES IN TEXT

Section 672 of this title, referred to in text, was omitted from

the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715k-1 of this title.

-CITE-

16 USC Sec. 141c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 141c. Disposal of surplus buffalo and elk

-STATUTE-

(a) The Secretary of the Interior is authorized, in his

discretion and under regulations to be prescribed by him, to sell

or otherwise dispose of the surplus buffalo and elk of the Wind

Cave National Park herd.

(b) All moneys received from the sale of any such surplus

animals, or products thereof, shall be deposited in the Treasury of

the United States as miscellaneous receipts.

-SOURCE-

(June 16, 1938, ch. 459, Sec. 1, 2, 52 Stat. 708.)

-COD-

CODIFICATION

Subsecs. (a) and (b) of this section constitute sections 1 and 2,

respectively, of act June 16, 1938.

-CITE-

16 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 142. Control; regulations

-STATUTE-

Wind Cave National Park shall be under the exclusive control of

the Secretary of the Interior, whose duty it shall be to prescribe

such rules and regulations and establish such service as he may

deem necessary for the care and management of the same.

-SOURCE-

(Jan. 9, 1903, ch. 63, Sec. 2, 32 Stat. 765.)

-COD-

CODIFICATION

This section is a part of section 2 of act Jan. 9, 1903. The

other part of section 2 of said act is classified to section 141 of

this title. See note under section 141.

-CITE-

16 USC Sec. 143, 144 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 143, 144. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat.

1028

-MISC1-

Sections, act Jan. 9, 1903, ch. 63, Sec. 3, 4, 32 Stat. 765,

related to leases of cavern and lands, and provided for disposition

of funds from rentals or leases.

-CITE-

16 USC Sec. 145 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 145. Exchange of lands

-STATUTE-

In cases in which a tract covered by an unperfected bona fide

claim or by a patent is included within the limits of this park,

the settler or owner thereof may, if he desires to do so,

relinquish the tract to the Government and secure other land,

outside of the park, in accordance with the provisions of the law

relating to the subject of such relinquishment of lands in national

forests in the State of South Dakota.

-SOURCE-

(Jan. 9, 1903, ch. 63, Sec. 5, 32 Stat. 766.)

-CITE-

16 USC Sec. 146 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XV - WIND CAVE NATIONAL PARK

-HEAD-

Sec. 146. Offenses within park

-STATUTE-

All persons who shall unlawfully intrude upon said park, or who

shall without permission appropriate any object therein or commit

unauthorized injury or waste in any form whatever upon the lands or

other public property therein, or who shall violate any of the

rules and regulations prescribed hereunder, shall upon conviction

be fined in a sum not more than $1,000 or be imprisoned for a

period not more than twelve months, or shall suffer both fine and

imprisonment, in the discretion of the court.

-SOURCE-

(Jan. 9, 1903, ch. 63, Sec. 6, 32 Stat. 766.)

-REFTEXT-

REFERENCES IN TEXT

Hereunder, referred to in text, means act Jan. 9, 1903, ch. 63,

32 Stat. 765, which is classified to sections 141, and 142 to 146

of this title. For complete classification of this Act to the

Code, see Tables.

-CITE-

16 USC SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT

SULPHUR, OKLAHOMA 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

.

-HEAD-

SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

-CITE-

16 USC Sec. 151 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

-HEAD-

Sec. 151. Acquisition; payment

-STATUTE-

The Choctaw and Chickasaw Tribes absolutely and unqualifiedly

relinquish, cede, and convey unto the United States a tract or

tracts of land at and in the vicinity of the village of Sulphur, in

the Chickasaw Nation, of not exceeding six hundred and forty acres,

to be selected, under the direction of the Secretary of the

Interior, and to embrace all the natural springs in and about said

village, and so much of Sulphur Creek, Rock Creek, Buckhorn Creek,

and the lands adjacent to said natural springs and creeks as may be

deemed necessary by the Secretary of the Interior for the proper

utilization and control of said springs and the waters of said

creeks, which lands shall be so selected as to cause the least

interference with the contemplated town site at that place

consistent with the purposes for which said cession is made. The

ceded lands shall be held, owned, and controlled by the United

States absolutely and without any restriction, save that no part

thereof shall be platted or disposed of for town-site purposes

during the existence of the two tribal governments. There shall be

deposited in the Treasury of the United States, to the credit of

the two tribes, from the unappropriated public moneys of the United

States, $20 per acre for each acre so selected, which shall be in

full compensation for the lands so ceded, and such moneys shall,

upon the dissolution of the tribal governments, be divided per

capita among the members of the tribes, freedmen excepted, as are

other funds of the tribes. Until otherwise provided by law, the

Secretary of the Interior may, under rules prescribed for that

purpose, regulate and control the use of the water of said springs

and creeks and the temporary use and occupation of the lands so

ceded. No person shall occupy any portion of the lands so ceded,

or carry on any business thereon, except as provided in said rules,

and until otherwise provided by Congress the laws of the United

States relating to the introduction, possession, sale, and giving

away of liquors or intoxicants of any kind within the Indian

country or Indian reservations shall be applicable to the lands so

ceded. Nothing contained in this section shall be construed or

held to commit the Government of the United States to any

expenditure of money upon said lands or the improvements thereof,

except as provided herein, it being the intention of this provision

that in the future the lands and improvements herein mentioned

shall be conveyed by the United States to such Territorial or State

organization as may exist at the time when such conveyance is made.

-SOURCE-

(July 1, 1902, ch. 1362, Sec. 64, 32 Stat. 655; June 16, 1906, ch.

3335, Sec. 13, 14, 34 Stat. 275; June 29, 1906, No. 42, 34 Stat.

837; Proc. Nov. 16, 1907, 35 Stat. 2160; June 25, 1948, ch. 646,

Sec. 39, 62 Stat. 992; Pub. L. 94-235, Sec. 5, Mar. 17, 1976, 90

Stat. 236.)

-COD-

CODIFICATION

Section is from section 64 of act July 1, 1902, which was part of

an agreement between the United States and the Choctaw and Chicasaw

tribes of Indians, ratified by and included in that Act.

The following provisions contained in this section as originally

enacted were omitted as temporary and executed:

A provision that the selection of lands by the Secretary of the

Interior should be within four months after the ratification of the

agreement aforesaid; a provision, following the words of the

present section reading ''the two tribal governments'' for the

disposition of such other lands as might be embraced in a town site

at that point; a provision that the deposit in the Treasury to the

credit of the two tribes should be within ninety days after the

selection of the land; and a provision for the appraisal of and

reimbursement for all improvements lawfully upon the lands

selected.

A provision of the original text that the land should remain

within the jurisdiction of the United States court for the southern

district of the Indian Territory was changed to read as set out

herein by virtue of sections 13 and 14 of the Oklahoma Enabling Act

of June 16, 1906, and the Executive Proclamation of Nov. 16, 1907,

declaring the admission of Oklahoma to the Union.

-MISC3-

AMENDMENTS

1948 - Act June 25, 1948, struck out sentence placing lands

within jurisdiction of the District Court of the United States for

the Eastern District of Oklahoma.

-CHANGE-

CHANGE OF NAME

Platt National Park designation repealed and areas formerly known

as Platt National Park made an integral part of Chickasaw National

Recreation Area by Pub. L. 94-235, Sec. 5. See section 460hh-4 of

this title.

-MISC4-

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

REPEALS

Pub. L. 94-235, Sec. 5, repealed act June 29, 1906, No. 42, 34

Stat. 837, cited as a credit to this section, under which the

Sulphur Springs Indian Reservation had been renamed Platt National

Park, in honor of Orville Hitchcock Platt, former Senator from

Connecticut ''and for many years a member of the Committee on

Indian Affairs, in recognition of his distinguished services to the

Indians and to the country.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 152 of this title.

-CITE-

16 USC Sec. 152 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

-HEAD-

Sec. 152. Additional land withdrawn; payment; management and

control; regulations; sale of improvements; penalties; town

lots

-STATUTE-

The Secretary of the Interior is authorized and directed to

withhold from sale or other disposition the irregular tract of land

containing seventy-eight and sixty-eight one-hundredths acres, more

or less, lying in the northwest quarter of section 2 and the

northeast quarter of section 3, township 1 south, range 3 east, and

being within the exterior boundaries of the proposed town site of

Sulphur, in the Chickasaw Nation, Indian Territory, and excluded

from said town site by order of the Secretary of the Interior, of

October 20, 1903, and also to withdraw and withhold from

disposition the tract of land within the exterior boundaries of

said proposed town site, lying south of and adjacent to the tract

above mentioned, containing in the aggregate one hundred and

thirty-eight acres, more or less, and mentioned in the report of

Gerard H. Matthes, of December 27, 1903, to F. H. Newell, chief

engineer United States Geological Survey, and shown upon the map

accompanying said report by a yellow line.

The land reserved shall be paid for by the United States at the

rate of $60 per acre and in the same manner as the land acquired in

accordance with the provisions of section 151 of this title and

shall be a part of the reservation established at the village of

Sulphur, subject to all the provisions of said section 151,

respecting the care, control, direction, use, and occupancy thereof

as if they had been included in the original segregation. The

Secretary of the Interior is authorized, in the absence of other

provisions for the care and management thereof, to designate an

officer or employee of his department to take charge of the land,

acquired under this section and section 151 of this title, and to

enforce rules and regulations for the control and use thereof, and

of the waters of the springs and creeks within the reservation.

The Secretary of the Interior is authorized, in his discretion, to

sell or dispose of any buildings upon the land reserved, and all

money received from such sales, or that may be realized for the use

of said waters or for the use and occupancy of the land or the

buildings thereon, through leases, permits, or otherwise, shall be

covered into the Treasury of the United States to the credit of

miscellaneous receipts. If any person, firm, or corporation shall

willfully violate any of the rules and regulations prescribed by

the Secretary of the Interior relative to the use of the waters of

said springs and creeks and the use and occupation of the lands in

said reservation, such person, firm, corporation, or members or

agents thereof, shall be deemed guilty of a misdemeanor, and upon

conviction shall be fined not less than $5 and not more than $100,

and may be imprisoned for a term of not more than six months for

each offense.

-SOURCE-

(Apr. 21, 1904, ch. 1402, Sec. 18, 33 Stat. 220; June 29, 1906, No.

42, 34 Stat. 837; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 153; Pub.

L. 94-235, Sec. 5, Mar. 17, 1976, 90 Stat. 236.)

-COD-

CODIFICATION

A clause of the original text making an appropriation to carry

out this provision and a provision for appraisement of and payment

for all improvements upon the land have been omitted as executed.

Provisions requiring the Secretary to cover all money received

into the Treasury to the credit of miscellaneous receipts were

substituted for provisions which permitted the expenditure of such

money under the direction of the Secretary for the care and

management of the lands and the preservation of the improvements

thereon in view of act June 12, 1917, which required the Secretary

to cover the receipts of all revenues of the national parks into

the Treasury to the credit of miscellaneous receipts.

-CHANGE-

CHANGE OF NAME

Platt National Park designation repealed and areas formerly known

as Platt National Park made an integral part of Chickasaw National

Recreation Area by Pub. L. 94-235, Sec. 5. See section 460hh-4 of

this title.

-MISC4-

REPEALS

Pub. L. 94-235, Sec. 5, repealed act June 29, 1906, No. 42, 34

Stat. 837, cited as a credit to this section, under which the name

of the reservation at the village of Sulphur established by section

151 of this title, known as Sulphur Springs Reservation, had been

renamed Platt National Park in honor of Orville Hitchcock Platt,

former senator from Connecticut ''and for many years a member of

the Committee on Indian Affairs, in recognition of his

distinguished services to the Indians and the country.''

-CITE-

16 USC Sec. 153 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVI - CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

-HEAD-

Sec. 153. Existing laws unaffected by admission of Oklahoma; rights

and jurisdiction of United States; indemnity school lands

-STATUTE-

Nothing in the Act of June 16, 1906, chapter 3335, Thirty-fourth

Statutes, page 267, entitled, ''An Act to enable the people of

Oklahoma and of the Indian Territory to form a constitution and

State government and be admitted into the Union on an equal footing

with the original States * * *'', shall repeal or affect any Act of

Congress relating to the Sulphur Springs Reservation as defined on

June 16, 1906, or as may be thereafter defined or extended, or the

power of the United States over it or any other lands embraced in

the State hereafter set aside by Congress as a national park, game

preserve, or for the preservation of objects of archaeological or

ethnological interest; and nothing contained in said Act shall

interfere with the rights and ownership of the United States in any

land hereafter set aside by Congress as national park, game

preserve, or other reservation, or in the said Sulphur Springs

Reservation, as it was on June 16, 1906, or may be defined or

extended by law; but exclusive legislation, in all cases

whatsoever, shall be exercised by the United States, which shall

have exclusive control and jurisdiction over the same; but nothing

in this section contained shall be construed to prevent the service

within said Sulphur Springs Reservation or national parks, game

preserves, and other reservations hereafter established by law, of

civil and criminal processes lawfully issued by the authority of

said State, and said State shall not be entitled to select

indemnity school lands for the thirteenth, sixteenth, thirty-third,

and thirty-sixth sections that may be embraced within the metes and

bounds of the national park, game preserve, and other reservation

or the said Sulphur Springs Reservation, as defined on June 16,

1906, or may be thereafter defined.

-SOURCE-

(June 16, 1906, ch. 3335, Sec. 7, 34 Stat. 272; June 29, 1906, No.

42, 34 Stat. 837; Pub. L. 94-235, Sec. 5, Mar. 17, 1976, 90 Stat.

236.)

-COD-

CODIFICATION

Section is from a proviso annexed to section 7 of act June 16,

1906.

-CHANGE-

CHANGE OF NAME

Platt National Park designation repealed and areas formerly known

as Platt National Park made an integral part of Chickasaw National

Recreation Area by Pub. L. 94-235, Sec. 5. See section 460hh-4 of

this title.

-MISC4-

REPEALS

Pub. L. 94-235, Sec. 5, repealed act June 29, 1906, No. 42, 34

Stat. 837, cited as a credit to this section, under which the name

of the reservation at the village of Sulphur established by section

151 of this title, known as Sulphur Springs Reservation, had been

renamed Platt National Park in honor of Orville Hitchcock Platt,

former senator from Connecticut ''and for many years a member of

the Committee on Indian Affairs, in recognition of his

distinguished services to the Indians and to the country.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460hh-5 of this title.

-CITE-

16 USC SUBCHAPTER XVII - BIG BEND NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

.

-HEAD-

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-CITE-

16 USC Sec. 156 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 156. Establishment; boundaries

-STATUTE-

When title to such lands as may be determined by the Secretary of

the Interior as necessary for recreational park purposes within the

boundaries to be determined by him within the area of approximately

one million five hundred thousand acres, in the counties of

Brewster and Presidio, in the State of Texas, known as the ''Big

Bend'' area, shall have been vested in the United States, such

lands shall be established, dedicated, and set apart as a public

park for the benefit and enjoyment of the people and shall be known

as the ''Big Bend National Park'': Provided, That the United States

shall not purchase by appropriation of public moneys any land

within the aforesaid area, but such lands shall be secured by the

United States only by public and private donations.

-SOURCE-

(June 20, 1935, ch. 283, Sec. 1, 49 Stat. 393.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 157d of this title.

-CITE-

16 USC Sec. 157 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 157. Acquisition of lands

-STATUTE-

The Secretary of the Interior is authorized, in his discretion

and upon submission of evidence of title satisfactory to him, to

accept, on behalf of the United States, title to the lands referred

to in section 156 of this title as may be deemed by him necessary

or desirable for national-park purposes: Provided, That no land for

the Big Bend National Park shall be accepted until exclusive

jurisdiction over the entire area, in form satisfactory to the

Secretary of the Interior, shall have been ceded by the State of

Texas to the United States.

-SOURCE-

(June 20, 1935, ch. 283, Sec. 2, 49 Stat. 393.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 157d of this title.

-CITE-

16 USC Sec. 157a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 157a. Additional lands; aggregate cost

-STATUTE-

The Secretary of the Interior is authorized to acquire, in such

manner as he shall consider to be in the public interest, any land

or interests in land situated within sections 15, 22, 27, 34, block

234, Brewster County, Texas, which he shall consider to be suitable

for addition to the Big Bend National Park: Provided, however, That

the aggregate cost to the Federal Government of properties acquired

hereafter and under the provisions hereof shall not exceed the sum

of $10,000. Properties acquired pursuant to this section shall

become a part of the park upon acquisition of title thereto by the

United States.

-SOURCE-

(Aug. 30, 1949, ch. 522, 63 Stat. 679.)

-CITE-

16 USC Sec. 157b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 157b. Additional lands within park boundaries

-STATUTE-

Notwithstanding any other provisions of law, the Secretary of the

Interior is authorized to procure, in such manner as he may

consider to be in the public interest, the remaining non-Federal

land and interests in land within the boundaries of Big Bend

National Park.

-SOURCE-

(Aug. 8, 1953, ch. 385, 67 Stat. 497.)

-CITE-

16 USC Sec. 157c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 157c. Boundary revision; acquisition of lands and interests;

authorization of appropriations

-STATUTE-

The boundary of the Big Bend National Park in the State of Texas

is hereby revised to include the lands and interests therein within

the area generally depicted on the map entitled ''Big Bend National

Park, Boundary Additions'', numbered 155/80,019-A and dated June

1980 which shall be on file and available for public inspection in

the local and Washington, District of Columbia, Offices of the

National Park Service, Department of the Interior. The Secretary is

authorized to acquire the lands and interests therein added to the

park by this section by donation, purchase with donated or

appropriated funds, or exchange, except that lands and interests

therein owned by the State of Texas or any political subdivision

thereof may be acquired only by donation or exchange. There are

authorized to be appropriated such sums as may be necessary to

carry out the provisions of this section, but not to exceed

$1,500,000 for the acquisition of lands and interests therein.

-SOURCE-

(Pub. L. 96-607, title IV, Sec. 401, Dec. 28, 1980, 94 Stat. 3539.)

-CITE-

16 USC Sec. 157d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 157d. Additional boundary revision; acquisition of lands and

interests

-STATUTE-

The boundaries of Big Bend National Park, established by the Act

of June 20, 1935 (16 U.S.C. 156), are hereby revised to include the

lands and interests therein, together with all improvements

thereon, within the area comprising approximately sixty-seven

thousand one hundred and twenty-five acres as generally depicted on

the map entitled ''Harte Ranch Addition, Big Bend National Park'',

numbered 155/80,044 and dated September 1987. Such map shall be on

file and available for public inspection in the offices of the

National Park Service, Department of the Interior. The Secretary of

the Interior is authorized to acquire lands and interests therein,

together with all improvements thereon, within the addition

described in such map by donation, purchase with donated or

appropriated funds, or exchange.

-SOURCE-

(Pub. L. 100-201, Dec. 22, 1987, 101 Stat. 1328.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 20, 1935, referred to in text, is act June 30, 1935,

ch. 283, 49 Stat. 393, which is classified to sections 156, 157,

and 158 of this title. For complete classification of this Act to

the Code, see Tables.

-CITE-

16 USC Sec. 158 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 158. Administration, protection, and development

-STATUTE-

The administration, protection, and development of the Big Bend

National Park shall be exercised under the direction of the

Secretary of the Interior by the National Park Service, subject to

the provisions of sections 1, 2, 3, and 4 of this title, as

amended: Provided, That the provisions of the Federal Power Act (16

U.S.C. 791a et seq.) shall not apply to this park.

-SOURCE-

(June 20, 1935, ch. 283, Sec. 3, 49 Stat. 394.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, was in the original

the ''Act of June 10, 1920, known as the Federal Water Power Act,''

and was redesignated as the Federal Power Act by section 791a of

this title. The Federal Power Act is act June 10, 1920, ch. 285,

41 Stat. 1063, as amended, and is classified generally to chapter

12 (Sec. 791a et seq.) of this title. For complete classification

of this Act to the Code, see section 791a of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of officers, employees, and agencies of

Department of the Interior, with certain exceptions, to Secretary

of the Interior, with power to delegate, see Reorg. Plan No. 3 of

1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262,

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 157d of this title.

-CITE-

16 USC Sec. 158a to 158d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVII - BIG BEND NATIONAL PARK

-HEAD-

Sec. 158a to 158d. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992, eff. Sept. 1, 1948

-MISC1-

Section 158a, act May 15, 1947, ch. 55, Sec. 1, 61 Stat. 91,

related to appointment and compensation of commissioner. See

provisions covering United States magistrate judges in section 631

et seq. of Title 28, Judiciary and Judicial Procedure.

Section 158b, act May 15, 1947, ch. 55, Sec. 2, 61 Stat. 91,

related to jurisdiction of commissioner (now magistrate judge) over

petty offenses.

Section 158c, act May 15, 1947, ch. 55, Sec. 3, 61 Stat. 91,

related to jurisdiction of commissioner (now magistrate judge) over

criminal offenses.

Section 158d, act May 15, 1947, ch. 55, Sec. 4, 61 Stat. 91,

related to disposition of fees, costs, and expenses.

-CITE-

16 USC SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL

PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

.

-HEAD-

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-CITE-

16 USC Sec. 159 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159. Establishment; boundaries

-STATUTE-

When title to all the lands, structures, and other property in

the area at Saratoga, New York, whereon was fought the Battle of

Saratoga during the War of the Revolution, shall have been vested

in the United States, such area shall be, and it is, established,

dedicated, and set apart as a public park for the benefit and

inspiration of the people and shall be known as the Saratoga

National Historical Park: Provided, That such area shall include

that part of the Saratoga Battlefield now belonging to the State of

New York and any additional lands in the immediate vicinity thereof

which the Secretary of the Interior may, within six months after

the approval of sections 159 to 159b of this title, designate as

necessary or desirable for the purposes of sections 159 to 159b of

this title.

-SOURCE-

(June 1, 1938, ch. 316, Sec. 1, 52 Stat. 608.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 159c of this title.

-CITE-

16 USC Sec. 159a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159a. Acceptance of donations

-STATUTE-

The Secretary of the Interior is authorized to accept donations

of land, interests in land, buildings, structures, and other

property within the boundaries of said historical park as

determined and fixed hereunder and donations of funds for the

purchase or maintenance thereof, the title and evidence of title to

lands acquired to be satisfactory to the Secretary of the Interior:

Provided, That he may acquire on behalf of the United States, out

of any donated funds, by purchase when purchasable at prices deemed

by him reasonable, otherwise by condemnation under the provisions

of section 3113 of title 40, such tracts of land within the said

historical park as may be necessary for the completion thereof.

-SOURCE-

(June 1, 1938, ch. 316, Sec. 2, 52 Stat. 609.)

-COD-

CODIFICATION

''Section 3113 of title 40'' substituted in text for ''the Act of

August 1, 1888'' on authority of Pub. L. 107-217, Sec. 5(c), Aug.

21, 2002, 116 Stat. 1303, the first section of which enacted Title

40, Public Buildings, Property, and Works.

-CITE-

16 USC Sec. 159b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159b. Administration, protection, and development

-STATUTE-

The administration, protection, and development of the Saratoga

National Historical Park shall be exercised under the direction of

the Secretary of the Interior by the National Park Service, subject

to the provisions of sections 1, 2, 3, and 4 of this title, as

amended.

-SOURCE-

(June 1, 1938, ch. 316, Sec. 3, 52 Stat. 609.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 159, 159c of this title.

-CITE-

16 USC Sec. 159c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159c. Completion of establishment

-STATUTE-

For the purpose of completing the establishment of Saratoga

National Historical Park, and to provide adequately for its future

development, all lands and other property which have been acquired

by the Federal Government pursuant to sections 159 to 159b of this

title, are established as the Saratoga National Historical Park and

shall be administered as provided in section 159b of this title.

-SOURCE-

(June 22, 1948, ch. 594, Sec. 1, 62 Stat. 570.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 159d of this title.

-CITE-

16 USC Sec. 159d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159d. Acceptance of General Philip Schuyler Mansion property

-STATUTE-

The Secretary of the Interior is authorized to accept all or any

portion of the General Philip Schuyler Mansion property, real and

personal, situated at Schuylerville, New York, comprising

approximately fifty acres.

-SOURCE-

(June 22, 1948, ch. 594, Sec. 2, 62 Stat. 571; Pub. L. 97-460, Sec.

3, Jan. 12, 1983, 96 Stat. 2522.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-460 struck out provisions which authorized the

Secretary of the Interior to accept donations of land, interests in

land, buildings, structures, and other property in Saratoga County

which properties, together with the General Philip Schuyler Mansion

property, were to become part of Saratoga National Historical Park.

See sections 159f and 159g of this title.

-CITE-

16 USC Sec. 159e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159e. Revision of boundary; additional acreage; authorization

of appropriations

-STATUTE-

(a) The Secretary of the Interior is authorized to revise the

boundary of the Saratoga National Historic Park to add

approximately one hundred and forty-seven acres.

(b) For the purposes of acquiring land and interest in land added

to the unit referred to in subsection (a) of this section there are

authorized to be appropriated from the Land and Water Conservation

Fund such sums as may be necessary but not to exceed $74,000 for

Saratoga National Historic Park.

-SOURCE-

(Pub. L. 96-199, title I, Sec. 115, Mar. 5, 1980, 94 Stat. 71.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 159g of this title.

-CITE-

16 USC Sec. 159f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159f. Enactment of revision

-STATUTE-

In order to preserve certain lands historically associated with

the Battle of Saratoga and to facilitate the administration and

interpretation of the Saratoga National Historical Park

(hereinafter in this Act referred to as ''the park''), the boundary

of the park is hereby revised to include the area generally

depicted on the map entitled ''Saratoga National Historical Park'',

numbered 80,001, and dated March 23, 1979.

-SOURCE-

(Pub. L. 97-460, Sec. 1, Jan. 12, 1983, 96 Stat. 2520.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 97-460, Jan. 12, 1983,

96 Stat. 2520, which enacted sections 159f and 159g of this title,

amended section 159d of this this title, and enacted a provision

set out as a note under section 159f of this title. For complete

classification of this Act to the Code, see Tables.

-MISC2-

AUTHORIZATION OF APPROPRIATIONS

Section 4 of Pub. L. 97-460 provided that: ''There are hereby

authorized to be appropriated after October 1, 1983, such sums as

may be necessary, but not to exceed $1,000,000 for the acquisition

of lands and interests therein, to carry out the purposes of this

Act (enacting sections 159f and 159g of this title and amending

section 159d of this title).''

-CITE-

16 USC Sec. 159g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-

Sec. 159g. Acquisition of lands

-STATUTE-

(a) Manner; limitations

Except as provided in subsection (b) of this section, within the

boundary of the park, the Secretary of the Interior (hereinafter in

this Act referred to as the ''Secretary''), is authorized to

acquire lands and interests therein by donation, purchase with

donated or appropriated funds, or exchange. Except for the tract

identified on the aforesaid map as tract number 01-132, which was

authorized to be acquired by section 159e of this title, the

Secretary may not acquire (except by donation) fee simple title to

those lands depicted on the map as proposed for less than fee

acquisition. The map shall be on file and available for public

inspection in the office of the National Park Service, Department

of the Interior.

(b) Conditions for forced sale; right of first refusal

(1) Appropriated funds may not be used to acquire lands or

interests therein within the park without the consent of the owner

except when -

(A) the Secretary determines that such owner is subjecting, or

is about to subject, the property to actions which would

significantly degrade its value as a component of the park; or

(B) the owner fails to comply with the provisions of paragraph

(2).

The Secretary shall immediately notify the owner in writing of any

determination under subparagraph (A). If the owner immediately

ceases the activity subject to such notification, the Secretary

shall attempt to negotiate a mutually satisfactory solution prior

to exercising any authority provided by subsection (a) of this

section.

(2) If an owner of lands or interests therein within the park

intends to transfer any such lands or interest to persons other

than the owner's immediate family, the owner shall notify the

Secretary in writing of such intention. Within forty-five days

after receipt of such notice, the Secretary shall respond in

writing as to his interest in exercising a right of first refusal

to purchase fee title or lesser interests. If, within such

forty-five days, the Secretary declines to respond in writing or

expresses no interest in exercising such right, the owner may

proceed to transfer such interests. If the Secretary responds in

writing within such forty-five days and expresses an interest and

intention to exercise a right of first refusal, the Secretary shall

initiate an action to exercise such right within ninety days after

the date of the Secretary's response. If the Secretary fails to

initiate action to exercise such right within such ninety days, the

owner may proceed to otherwise transfer such interests. As used in

this subsection with respect to a property owner, the term

''immediate family'' means the spouse, brother, sister, parent, or

child of such property owner. Such term includes a person bearing

such relationships through adoption and a stepchild shall be

treated as a natural born child for purposes of determining such

relationship.

(c) Exception

Subsection (b) of this section shall not apply with respect to

tract number 01-142.

(d) Notification by owner of intended actions

When an owner of property within the park desires to take an

action with respect to his property, he shall request, in writing,

a prompt written determination from the Secretary as to the

likelihood of such action provoking a determination by the

Secretary under the provisions of subsection (b)(1)(A) of this

section. The Secretary is thereupon directed to promptly issue

such owner a certificate of exemption from condemnation for such

actions proposed by the owner which the Secretary determines to be

compatible with the purposes of the park.

(e) Limited right of retention; calculation of payment

(1) An owner of improved property which is used solely for

noncommercial residential purposes, or for commercial agricultural

purposes found to be compatible with the General Management Plan,

on the date of its acquisition by the Secretary may retain, as a

condition of such an acquisition, a right of use and occupancy of

the property for such residential or agricultural purposes. The

right retained may be for a definite term which shall not exceed

twenty-five years, or in lieu thereof, for a term ending at the

death of the owner. The Secretary shall pay to the owner the fair

market value of the property on the date of such acquisition, less

the fair market value, of the term retained by the owner.

(2) Except for tract number 01-142, paragraph (1) shall not apply

to property which the Secretary determines to be necessary for the

purposes of administration, development, access, or public use.

(f) Rapid acquisition

Any owner of lands or interests therein within the park who

desires to have such lands or interests acquired by the Secretary

may notify the Secretary in writing of such desire. It is the

intention of the Congress that, upon receipt of such notification,

and on the condition that such acquisition will transpire at fair

market value and in accordance with other conditions acceptable to

the Secretary, the Secretary shall endeavor to acquire such lands

or interests therein within six months of the date of receipt of

such notice from the owner.

-SOURCE-

(Pub. L. 97-460, Sec. 2, Jan. 12, 1983, 96 Stat. 2520.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 97-460, Jan. 12,

1983, 96 Stat. 2520, which enacted sections 159f and 159g of this

title, amended section 159d of this title, and enacted a provision

set out as a note under section 159f of this title. For complete

classification of this Act to the Code, see Tables.

-CITE-

16 USC SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

.

-HEAD-

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-CITE-

16 USC Sec. 160 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160. Congressional declaration of purpose

-STATUTE-

The purpose of this subchapter is to preserve, for the

inspiration and enjoyment of present and future generations, the

outstanding scenery, geological conditions, and waterway system

which constituted a part of the historic route of the Voyageurs who

contributed significantly to the opening of the Northwestern United

States.

-SOURCE-

(Pub. L. 91-661, Sec. 1, Jan. 8, 1971, 84 Stat. 1970.)

-CITE-

16 USC Sec. 160a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160a. Establishment; notice in Federal Register; donation of

lands; acquisition by purchase of other lands

-STATUTE-

In furtherance of the purpose of this subchapter, the Secretary

of the Interior (hereinafter referred to as the ''Secretary'') is

authorized to establish the Voyageurs National Park (hereinafter

referred to as the ''park'') in the State of Minnesota, by

publication of notice to that effect in the Federal Register at

such time as the Secretary deems sufficient interests in lands or

waters have been acquired for administration in accordance with the

purposes of this subchapter: Provided, That the Secretary shall not

establish the park until the lands owned by the State of Minnesota

and any of its political subdivisions within the boundaries shall

have been donated to the Secretary for the purposes of the park:

Provided further, That the Secretary shall not acquire other lands

by purchase for the park prior to such donation unless he finds

that acquisition is necessary to prevent irreparable changes in

their uses or character of such a nature as to make them unsuitable

for park purposes and notifies the Committee on Energy and Natural

Resources of the Senate and the Committee on Natural Resources of

the House of Representatives of such findings at least thirty days

prior to such acquisition.

-SOURCE-

(Pub. L. 91-661, Sec. 101, Jan. 8, 1971, 84 Stat. 1970; Pub. L.

103-437, Sec. 6(f), Nov. 2, 1994, 108 Stat. 4585.)

-COD-

CODIFICATION

Section formerly consisted of sections 101 and 102 of Pub. L.

91-661. Section 102 of Pub. L. 91-661 was substantially amended and

expanded by Pub. L. 97-405, Sec. 1(1), (2), Jan. 3, 1983, 96 Stat.

2028, and as thus amended is set out as section 160a-1 of this

title.

-MISC3-

AMENDMENTS

1994 - Pub. L. 103-437 substituted ''Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives'' for ''Committees on

Interior and Insular Affairs of both the Senate and the House of

Representatives''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 160a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160a-1. Boundaries

-STATUTE-

(a) Lands and waters included; legal description; revision

Except as provided in subsection (b) of this section, the park

shall include the lands and waters within the boundaries as

generally depicted on the drawing entitled ''A Proposed Voyageurs

National Park, Minnesota,'' numbered LNPMW-VOYA-1001, dated

February 1969, which shall be on file and available for public

inspection in the offices of the National Park Service, Department

of the Interior. Within one year after acquisition of the lands

owned by the State of Minnesota and its political subdivisions

within the boundaries of the park the Secretary shall affix to such

drawing an exact legal description of said boundaries. The

Secretary may revise the boundaries of the park from time to time

by publishing in the Federal Register a revised drawing or other

boundary description, but such revisions shall not increase the

land acreage within the park by more than one thousand acres.

(b) Additional revisions; procedures applicable; failure to comply

with procedures

(1) In addition to such revisions as the Secretary may make in

the boundaries of the park from time to time pursuant to other

provisions of law, the Secretary may, according to the provisions

of subsection (a) of this section -

(A) delete approximately 782 acres in the Neil Point area of

the park;

(B) add approximately 180 acres in the Black Bay Narrows areas

of the park;

(C) add approximately 18.45 acres owned by the State of

Minnesota at the Kabetogama Forestry Station;

(D) add approximately 120 acres owned by the State of

Minnesota, being a strip of land through that portion of section

1, township 68 north, range 20 west, fourth principal meridian,

which is parallel to and 400 feet on both sides of the unimproved

road extending northward from the Ash River Trail as such road

crosses each section; and

(E) subject to the provisions of paragraph (2), delete

approximately 1,000 acres at Black Bay and convey such lands to

the State of Minnesota.

All of the aforementioned boundary changes if accomplished shall be

accomplished such that the boundary of the park shall conform to

that generally depicted on the drawing entitled ''Boundary,

Voyageurs National Park, United States Department of the Interior,

National Park Service'', numbered 172-80, 008-MWR, and dated

November 1981, which shall be on file and available for public

inspection in the offices of the National Park Service, Department

of the Interior.

(2) The Secretary may not delete or convey the lands referred to

in paragraph (1)(E) unless, prior to or simultaneously with such

deletion or conveyance and in consideration of such conveyance, the

State of Minnesota -

(A) tenders a conveyance of the lands described in paragraph

(1)(C) and (D) to the United States by such instrument and in

such manner as are satisfactory to the Secretary, including but

not limited to lease or easement: Provided, That if the interest

conveyed is a lease or easement, the State of Minnesota shall

substitute therefore a transfer of all right, title, and interest

in the land by June 30, 1987: Provided further, That if the State

does not transfer all right, title, and interest in such lands by

June 30, 1987, the land described in paragraph 1(E) shall revert

to the United States for administration by the Secretary as part

of the park; and

(B) enters into a recordable agreement satisfactory to the

Secretary which provides that -

(i) the State has established a wildlife management area in

the area authorized to be deleted and conveyed to the State by

paragraph (1)(E);

(ii) the State has prepared a plan acceptable to the

Secretary to manage all the waters of and State lands riparian

to Black Bay (including all of the State-owned lands and waters

of Rainy Lake) to preserve the natural resources of the area so

as to complement to the fullest extent possible the purposes

for which the park was established;

(iii) the State shall not transfer any right, title, or

interest in, or control over, any land described in paragraph

(1)(E) to any person other than the Secretary; and

(iv) the State shall permit access by the Secretary at

reasonable times to the land described in paragraph (1)(E).

(3) If at any time the State fails to comply with the material

requirements of the agreement referred to in paragraph (2)(B), all

right, title, and interest in the land described in paragraph

(1)(E) shall revert to the United States for administration by the

Secretary as part of the park. Such reversion shall take effect

upon the delivery by the Secretary of notice to the State

respecting such failure to comply without further notice or

requirement for physical entry by the Secretary unless an action

for judicial review is brought in the United States Court of

Appeals for the appropriate circuit within ninety days following

such notice. In any such action the court may issue such orders as

are appropriate to carry out the requirements of this subsection.

-SOURCE-

(Pub. L. 91-661, Sec. 102, Jan. 8, 1971, 84 Stat. 1970; Pub. L.

97-405, Sec. 1(1), (2), Jan. 3, 1983, 96 Stat. 2028.)

-COD-

CODIFICATION

Provisions of section 102 of Pub. L. 91-661 (this section) were

formerly set out as an undesignated second paragraph in section

160a of this title prior to amendment by Pub. L. 97-405.

-MISC3-

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-405, Sec. 1(1), substituted ''(a)

Except as provided in subsection (b) of this section, the park''

for ''The park''.

Subsec. (b). Pub. L. 97-405, Sec. 1(2), added subsec. (b).

-CITE-

16 USC Sec. 160b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160b. Acquisition of lands; lands outside of boundaries;

transfer of Federal property within boundaries to

administrative jurisdiction of Secretary; consideration by

Secretary of offers to sell property within park area

-STATUTE-

(a) The Secretary may acquire lands or interests therein within

the boundaries of the park by donation, purchase with donated or

appropriated funds, or exchange. When any tract of land is only

partly within such boundaries, the Secretary may acquire all or any

portion of the land outside of such boundaries in order to minimize

the payment of severance costs. Land so acquired outside of the

park boundaries may be exchanged by the Secretary for non-Federal

lands within the park boundaries. Any portion of land acquired

outside the park boundaries and not utilized for exchange shall be

reported to the General Services Administration for disposal under

the Federal Property and Administrative Services Act of 1949 (63

Stat. 377), as amended. Any Federal property located within the

boundaries of the park may be transferred without consideration to

the administrative jurisdiction of the Secretary for the purposes

of the park. Lands within the boundaries of the park owned by the

State of Minnesota, or any political subdivision thereof, may be

acquired only by donation.

(b) In exercising his authority to acquire property under this

section, the Secretary shall give immediate and careful

consideration to any offer made by any individual owning property

within the park area to sell such property to the Secretary. In

considering such offer, the Secretary shall take into consideration

any hardship to the owner which might result from any undue delay

in acquiring his property.

-SOURCE-

(Pub. L. 91-661, Sec. 201, Jan. 8, 1971, 84 Stat. 1970.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,

63 Stat. 377, as amended. Except for title III of the Act, which

is classified generally to subchapter IV (Sec. 251 et seq.) of

chapter 4 of Title 41, Public Contracts, the Act was repealed and

reenacted by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works.

-CITE-

16 USC Sec. 160c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160c. Acquisition of improved property

-STATUTE-

(a) Owner's reservation of right of use and occupancy for

residential purposes for life or fixed term of years; election

of term; fair market value

Any owner or owners (hereinafter referred to as ''owner'') of

improved property on the date of its acquisition by the Secretary

may, if the Secretary determines that such improved property is

not, at the time of its acquisition, required for the proper

administration of the park, as a condition of such acquisition,

retain for themselves and their successors or assigns a right of

use and occupancy of the improved property for noncommercial

residential purposes for a definite term not to exceed twenty-five

years, or, in lieu thereof, for a term ending at the death of the

owner, or the death of his spouse, whichever is later. The owner

shall elect the term to be retained. The Secretary shall pay to

the owner the fair market value of the property on the date of such

acquisition less the fair market value on such date of the right

retained by the owner.

(b) Use and occupancy by lessee of lands donated by State of

Minnesota within boundaries of park; term of use and occupancy

If the State of Minnesota donates to the United States any lands

within the boundaries of the park subject to an outstanding lease

on which the lessee began construction of a noncommercial or

recreational residential dwelling prior to January 1, 1969, the

Secretary may grant to such lessee a right of use and occupancy for

such period of time as the Secretary, in his discretion, shall

determine: Provided, That no such right of use and occupancy shall

be granted, extended, or continue after ten years from the date of

the establishment of the park.

(c) Termination of use and occupancy; tender by Secretary of fair

market value of unexpired right

Any right of use and occupancy retained or granted pursuant to

this section shall be subject to termination by the Secretary upon

his determination that such use and occupancy is being exercised in

a manner not consistent with the purposes of this subchapter or

upon his determination that the property is required for the proper

administration of the park. The Secretary shall tender to the

holder of the right so terminated an amount equal to the fair

market value of that portion of the right which remains unexpired

on the date of termination.

(d) ''Improved property'' defined

The term ''improved property'', as used in this section, shall

mean a detached, noncommercial residential dwelling, the

construction of which was begun before January 1, 1969, together

with so much of the land on which the dwelling is situated, the

said land being in the same ownership as the dwelling, as the

Secretary shall designate to be reasonably necessary for the

enjoyment of the dwelling for the sole purpose of noncommercial

residential use, together with any structures accessory to the

dwelling which are situated on the land so designated.

-SOURCE-

(Pub. L. 91-661, Sec. 202, Jan. 8, 1971, 84 Stat. 1971.)

-CITE-

16 USC Sec. 160d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160d. Concession contracts with former owners of commercial,

recreational, resort, or similar properties within park

boundaries

-STATUTE-

Notwithstanding any other provision of law, the Secretary is

authorized to negotiate and enter into concession contracts with

former owners of commercial, recreational, resort, or similar

properties located within the park boundaries for the provision of

such services at their former location as he may deem necessary for

the accommodation of visitors.

-SOURCE-

(Pub. L. 91-661, Sec. 203, Jan. 8, 1971, 84 Stat. 1972.)

-CITE-

16 USC Sec. 160e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160e. Payment of value differential by Secretary to owner of

commercial timberlands exchanging lands for State lands outside

of park; determination of value; prerequisites

-STATUTE-

The Secretary is authorized to pay a differential in value, as

hereinafter set forth, to any owner of commercial timberlands

within the park with whom the State of Minnesota has negotiated,

for the purpose of conveyance to the United States, an exchange of

lands for State lands outside the park. Payment hereunder may be

made when an exchange is based upon valuations for timber purposes

only, and shall be the difference between the value of such lands

for timber purposes, as agreeable to the State, the Secretary, and

any owner, and the higher value, if any, of such lands for

recreational purposes not attributable to establishment or

authorization of the park: Provided, That any payment shall be made

only at such time as fee title of lands so acquired within the

boundaries is conveyed to the United States.

-SOURCE-

(Pub. L. 91-661, Sec. 204, Jan. 8, 1971, 84 Stat. 1972.)

-CITE-

16 USC Sec. 160f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160f. Administration

-STATUTE-

(a) Authority of Secretary

Except as hereinafter provided, the Secretary shall administer

the lands acquired for the park, and after establishment shall

administer the park, in accordance with the provisions of sections

1, 2, 3, and 4 of this title, as amended and supplemented.

(b) Preservation of area as a wilderness; study and report to

President; procedure for designation as a wilderness

Within four years from the date of establishment, the Secretary

of the Interior shall review the area within the Voyageurs National

Park and shall report to the President, in accordance with

subsections (c) and (d) of section 1132 of this title, his

recommendation as to the suitability or nonsuitability of any area

within the lakeshore for preservation as wilderness, and any

designation of any such area as a wilderness may be accomplished in

accordance with said subsections. The President shall, no later

than June 1, 1983, advise the United States Senate and House of

Representatives of his recommendations with respect to the

suitability or nonsuitability as wilderness of any area within the

park.

(c) Mining and mineral activities and commercial water power

development within park boundaries

All mining and mineral activities and commercial water power

development within the boundaries of the park shall be prohibited,

and further, any conveyance from the State of Minnesota shall

contain a covenant that the State of Minnesota, its licensees,

permittees, lessees, assigns, or successors in interest shall not

engage in or permit any mining activity nor water power

development.

-SOURCE-

(Pub. L. 91-661, Sec. 301, Jan. 8, 1971, 84 Stat. 1972; Pub. L.

97-405, Sec. 1(3), Jan. 3, 1983, 96 Stat. 2029.)

-MISC1-

AMENDMENTS

1983 - Subsec. (b). Pub. L. 97-405 inserted provision directing

the President to advise the Senate and House of Representatives no

later than June 1, 1983, of his recommendation with respect to the

suitability or nonsuitability as wilderness of any area within the

park.

-CITE-

16 USC Sec. 160g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160g. Designation by Secretary of recreational fishing zones;

consultation with appropriate State agency; continuation of

seining of fish to secure eggs for propagation

-STATUTE-

(a) The Secretary shall permit recreational fishing on lands and

waters under his jurisdiction within the boundaries of the park in

accordance with applicable laws of the United States and of the

State of Minnesota, except that the Secretary may designate zones

where and establish periods when no fishing shall be permitted for

reasons of public safety, administration, fish and wildlife

management, or public use and enjoyment. Except in emergencies,

any regulations of the Secretary pursuant to this section shall be

put into effect only after consultation with the appropriate agency

of the State of Minnesota.

(b) The seining of fish at Shoepac Lake by the State of Minnesota

to secure eggs for propagation purposes shall be continued in

accordance with plans mutually acceptable to the State and the

Secretary.

-SOURCE-

(Pub. L. 91-661, Sec. 302, Jan. 8, 1971, 84 Stat. 1972.)

-CITE-

16 USC Sec. 160h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160h. Programs for development of area for recreational sports

activities

-STATUTE-

The Secretary may, when planning for development of the park,

include appropriate provisions for (1) winter sports, including the

use of snowmobiles, (2) use by seaplanes, and (3) recreational use

by all types of watercraft, including houseboats, runabouts,

canoes, sailboats, fishing boats, and cabin cruisers.

-SOURCE-

(Pub. L. 91-661, Sec. 303, Jan. 8, 1971, 84 Stat. 1972.)

-CITE-

16 USC Sec. 160i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND

SEASHORES

SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-

Sec. 160i. Appl