Legislación
US (United States) Code. Title 16. Chapter 1: National Parks, Military, Monuments and Seashores
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16 USC CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS,
MONUMENTS, AND SEASHORES 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
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CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
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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 Repealed.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 Repealed.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. Applicability to treaties, orders, or agreements
-STATUTE-
Nothing in this subchapter shall be construed to affect the
provisions of any treaty now or hereafter in force between the
United States and Great Britain relating to Canada or between the
United States and Canada, or of any order or agreement made or
entered into pursuant to any such treaty, which by its terms would
be applicable to the lands and waters which may be acquired by the
Secretary hereunder, including, without limitation on the
generality of the foregoing, the Convention Between the United
States and Canada on Emergency Regulation of Level of Rainy Lake
and of Other Boundary Waters in the Rainy Lake Watershed, signed
September 15, 1938, and any order issued pursuant thereto.
-SOURCE-
(Pub. L. 91-661, Sec. 304, Jan. 8, 1971, 84 Stat. 1973.)
-CITE-
16 USC Sec. 160j 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK
-HEAD-
Sec. 160j. Roads accessible to public facilities
-STATUTE-
The Secretary is authorized to make provision for such roads
within the park as are, or will be, necessary to assure access from
present and future State roads to public facilities within the
park.
-SOURCE-
(Pub. L. 91-661, Sec. 305, Jan. 8, 1971, 84 Stat. 1973.)
-CITE-
16 USC Sec. 160k 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK
-HEAD-
Sec. 160k. Funding and other requirements
-STATUTE-
(a) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, not to
exceed, however, $38,314,000 for the acquisition of property, and
not to exceed $19,179,000 (June 1969 prices) for development, plus
or minus such amounts, if any, as may be justified by reason of
ordinary fluctuations in construction costs as indicated by
engineering cost indices applicable to the types of construction
involved herein.
(b) Comprehensive plan for visitor use and overnight visitor
facilities; development, implementation, etc.; authorization of
appropriations
The Secretary shall, in cooperation with other Federal, State,
and local governmental entities and private entities experienced in
the fields of outdoor recreation and visitor services, develop and
implement a comprehensive plan for visitor use and overnight
visitor facilities for the park. The plan shall set forth methods
of achieving an appropriate level and type of visitation in order
that the resources of the park and its environs may be interpreted
for, and used and enjoyed by, the public in a manner consistent
with the purposes for which the park was established. Such plan
may include appropriate informational and educational messages and
materials. In the development and implementation of such plan the
Secretary may expend funds donated or appropriated for the purposes
of this subsection. Effective October 1, 1983, there is authorized
to be appropriated for the purposes of this subsection not to
exceed $250,000, to remain available until expended.
(c) Existing road access; study and report; authorization of
appropriations
The Secretary is directed to study existing road access to the
park and to report to Congress on the impact of park-related use of
those roads and to report specific recommendations on improvements
necessary to insure adequate road access to the park. The
Secretary is directed to report, within one year of the date of
enactment of the Act which appropriates funds authorized under this
subsection, 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. Effective October 1, 1983, there is
authorized to be appropriated for the purposes of this subsection
not to exceed $75,000.
(d) Statutory ceilings respecting appropriations
For purposes of section 460l-9(a)(3) of this title, the statutory
ceilings on appropriations established by this section shall be
deemed to be statutory ceilings contained in a provision of law
enacted prior to the convening of the Ninety-fifth Congress.
-SOURCE-
(Pub. L. 91-661, Sec. 401, Jan. 8, 1971, 84 Stat. 1973; Pub. L.
97-405, Sec. 1(4), Jan. 3, 1983, 96 Stat. 2029.)
-MISC1-
AMENDMENTS
1983 - Pub. L. 97-405 designated existing provisions as subsec.
(a), substituted ''$38,314,000'' for ''$26,014,000'', and added
subsecs. (b) to (d).
-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.
-CITE-
16 USC SUBCHAPTER XX - GLACIER NATIONAL PARK 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
.
-HEAD-
SUBCHAPTER XX - GLACIER NATIONAL PARK
-CITE-
16 USC Sec. 161 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 161. Establishment; boundaries; trespassers; claims and rights
under land laws not affected; reclamation projects; indemnity
selections of lands
-STATUTE-
The tract of land in the State of Montana particularly described
by metes and bounds as follows, to wit: Commencing at a point on
the international boundary between the United States and the
Dominion of Canada at the middle of the Flathead River; thence
following southerly along and with the middle of the Flathead River
to its confluence with the Middle Fork of the Flathead River;
thence following the north bank of said Middle Fork of the Flathead
River to where it is crossed by the north boundary of the
right-of-way of the Great Northern Railroad; thence following the
said right-of-way to where it intersects the west boundary of the
Blackfeet Indian Reservation; thence northerly along said west
boundary to its intersection with the international boundary;
thence along said international boundary to the place of beginning,
is reserved and withdrawn from settlement, occupancy, or disposal
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 of the United States under the name of ''The Glacier
National Park.'' All persons who shall locate or settle upon or
occupy the same, or any part thereof, except as hereinafter
provided, shall be considered trespassers and removed therefrom.
Nothing herein contained shall affect any valid claim, location, or
entry existing under the land laws of the United States before May
11, 1910, or the rights of any such claimant, locator, or entryman
to the full use and enjoyment of his land. The United States
Reclamation Service may enter upon and utilize for flowage or other
purposes any area within said park which may be necessary for the
development and maintenance of a Government reclamation project.
No lands within the limits of Glacier National Park belonging to or
claimed by any railroad or other corporation having or claiming
before May 11, 1910, the right of indemnity selection by virtue of
any law or contract whatsoever shall be used as a basis for
indemnity selection in any State or Territory whatsoever for any
loss sustained by reason of the creation of Glacier National Park.
-SOURCE-
(May 11, 1910, ch. 226, Sec. 1, 36 Stat. 354; Jan. 26, 1931, ch.
47, Sec. 5, 46 Stat. 1043.)
-REFTEXT-
REFERENCES IN TEXT
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
Herein, referred to in text, means act May 11, 1910, ch. 226, 36
Stat. 354, which is classified to this section and section 162 of
this title.
-COD-
CODIFICATION
In sentence beginning ''Nothing herein contained'', the words
''before May 11, 1910'' were inserted to give effect to the
preceding word ''existing'', and in the last sentence the words
''having or claiming before May 11, 1910'' are a translation of the
words ''now having or claiming'' of the original text.
-MISC3-
AMENDMENTS
1931 - Act Jan. 26, 1931, struck out provision that right of way
through the valleys of the North and Middle Forks of the Flathead
River might be acquired within Glacier National Park for steam or
electric railways.
-CHANGE-
CHANGE OF NAME
Reclamation Service, established in July 1902, changed to Bureau
of Reclamation in June 1923.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 162 of this title.
-CITE-
16 USC Sec. 161a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 161a. Part of Waterton-Glacier International Peace Park
-STATUTE-
For the purpose of permanently commemorating the long-existing
relationship of peace and good will existing between the people and
Governments of Canada and the United States and upon the enactment
by the proper authority of the Canadian Government of a similar
provision respecting the Waterton Lakes National Park in the
Province of Alberta, and upon the proclamation of the President of
the United States, who is authorized to issue such a proclamation,
the Glacier National Park in the State of Montana shall become a
part of an international park to be known as the Waterton-Glacier
International Peace Park.
-SOURCE-
(May 2, 1932, ch. 157, Sec. 1, 47 Stat. 145.)
-CITE-
16 USC Sec. 161b 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 161b. Designation for purposes of administration, promotion,
development, and support
-STATUTE-
For purposes of administration, promotion, development, and
support by appropriations that part of the said Waterton-Glacier
International Peace Park within the territory of the United States
shall be designated as the Glacier National Park.
-SOURCE-
(May 2, 1932, ch. 157, Sec. 2, 47 Stat. 145.)
-CITE-
16 USC Sec. 161c 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 161c. Addition of land; establishment of fish hatchery
-STATUTE-
The Secretary of the Interior is authorized to administer as a
part of the Glacier National Park, in the State of Montana, subject
to all laws and regulations applicable thereto, the lands, or
interests in lands, within the State of Montana, in township 28
north, range 20 west, Montana meridian, which may be acquired by
the United States for the establishment by the National Park
Service of a fish hatchery for restocking the waters of the said
park.
-SOURCE-
(July 31, 1939, ch. 395, 53 Stat. 1142.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 161d of this title.
-CITE-
16 USC Sec. 161d 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 161d. Elimination of fish hatchery; transfer of administration
of hatchery to Fish and Wildlife Service
-STATUTE-
The property at Creston, Montana, acquired by the United States
for the establishment of a fish hatchery for restocking the waters
of Glacier National Park and administered as a part of the park
pursuant to section 161c of this title, together with the
improvements and equipment utilized in connection with the hatchery
property, is eliminated from the park.
The functions of the National Park Service with regard to the
administration of the aforesaid properties for the benefit of the
park are transferred to and shall be exercised by the Fish and
Wildlife Service for the same purposes: Provided, however, That
such fish propagated at the hatchery as may be in excess of the
number necessary to restock and maintain an optimum fish population
in the waters of the park at all times may be utilized for the
restocking of other waters.
-SOURCE-
(Dec. 13, 1944, ch. 555, 58 Stat. 801.)
-TRANS-
TRANSFER OF FUNCTIONS
Fish and Wildlife Service, created by Reorg. Plan No. III of
1940, Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231,
succeeded by United States Fish and Wildlife Service established by
act Aug. 8, 1956, ch. 1036, Sec. 3, 70 Stat. 1120. See section 742b
of this title.
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. 161e 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 161e. Additional lands, buildings, or other real and personal
property
-STATUTE-
The Secretary of the Interior is authorized to acquire, and the
State of Montana is authorized to convey to the United States,
without regard to the requirements contained in section 11 of the
Act approved February 22, 1889 (25 Stat. 676), any lands, interests
in lands, buildings, or other property, real and personal, owned by
the State of Montana within the boundaries of Glacier National
Park. The aforesaid properties may be acquired from the State of
Montana by the Secretary of the Interior for such consideration as
he may deem advisable, when the acquisition of such property would,
in his judgment, be in the best interests of the United States.
-SOURCE-
(Mar. 16, 1948, ch. 133, 62 Stat. 80.)
-REFTEXT-
REFERENCES IN TEXT
Section 11 of the Act approved February 22, 1889 (25 Stat. 676),
referred to in text, was not classified to the Code.
-CITE-
16 USC Sec. 162 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 162. Control; regulations; leases; sale and removal of timber
-STATUTE-
Glacier 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 and publish such 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, which regulations shall provide for the
preservation of the park in a state of nature so far as is
consistent with the purposes of this section and section 161 of
this title, and for the care and protection of the fish and game
within the boundaries thereof. He 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 company, for not to exceed
twenty years, when such ground is necessary for the erection of
buildings for the accommodation of visitors, and to parcels of
ground not exceeding one acre in extent and for not to exceed
twenty years to persons who have heretofore erected or whom he may
hereafter authorize to erect summer homes or cottages; he may also
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.
-SOURCE-
(May 11, 1910, ch. 226, Sec. 2, 36 Stat. 354.)
-CITE-
16 USC Sec. 162a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 162a. Summer homes and cottages
-STATUTE-
After January 26, 1931, no permit, license, lease, or other
authorization for the use of land within the Glacier National Park,
Montana, for the erection and maintenance of summer homes or
cottages shall be granted or made: Provided, however, That the
Secretary of the Interior may, in his discretion, renew any permit,
license, lease, or other authorization for such purpose granted or
made prior to January 26, 1931.
-SOURCE-
(Jan. 26, 1931, ch. 47, Sec. 3, 46 Stat. 1043.)
-CITE-
16 USC Sec. 163 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 163. 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 Glacier National Park,
saving, however, to the State of Montana 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 Montana.
-SOURCE-
(Aug. 22, 1914, ch. 264, Sec. 1, 38 Stat. 699.)
-COD-
CODIFICATION
A provision accepting the act of the Montana Legislature 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 sections 170, 171 of this title.
-CITE-
16 USC Sec. 164 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 164. Eliminating private holdings of lands; timber or public
lands of equal value in exchange
-STATUTE-
The Secretary of the Interior, for the purpose of eliminating
private holdings within the Glacier National Park and the
preservation intact of the natural forest along the roads in the
scenic portions of the park, both on patented and park lands, is
empowered, in his discretion: (1) To obtain for the United States
the complete title to any or all of the lands held in private or
State ownership within the boundaries of said park within townships
32 and 33 north, ranges 18 and 19 west of Montana principal
meridian, by the exchange of dead, decadent, or matured timber of
approximately equal values that can be removed from any part of the
park without injuriously affecting the scenic beauty thereof; or,
upon the approval of the Secretary of Agriculture, the timber to be
selected or exchanged may be taken from the Government lands within
the metes and bounds of the national forests within the State of
Montana, or, (2) to obtain for the United States the complete title
to any or all of the lands held in private ownership within the
boundaries of said park by accepting from the owners of such
privately owned lands complete relinquishment thereof and by
granting and patenting to such owners, in exchange therefor, in
each instance, like public land of equal value situate in the State
of Montana, after due notice of the proposed exchange has been
given by publication for not less than thirty days in the counties
where the lands proposed to be exchanged or taken in exchange are
located.
-SOURCE-
(Mar. 3, 1917, ch. 164, Sec. 1, 39 Stat. 1122; Feb. 28, 1923, ch.
144, Sec. 1, 42 Stat. 1324.)
-COD-
CODIFICATION
Section is based on section 1 of act Mar. 3, 1917, and section 1
of act Feb. 23, 1923; subdivision (1) being from the former and
subdivision (2) being from the latter act. Of the language
preceding subdivision (1), that portion from the beginning of the
section to the word ''and'' was common to both of the sections
aforesaid, while the remaining portion was derived from section 1
of act Mar. 3, 1917.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 165, 166 of this title.
-CITE-
16 USC Sec. 165 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 165. Value of lands sought to be exchanged
-STATUTE-
For purposes of subdivision (2) of section 164 of this title the
value of all patented lands within said park, including the timber
thereon, offered for exchange, and the value of other lands of the
United States elsewhere situate, to be given in exchange therefor,
shall be ascertained in such manner as the Secretary of the
Interior may direct; and the owners of such privately owned lands
within said park 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 lands conveyed to
the Government under this section and subdivision (2) of section
164 of this title shall be and remain a part of the Glacier
National Park.
-SOURCE-
(Feb. 28, 1923, ch. 144, Sec. 2, 42 Stat. 1324.)
-CITE-
16 USC Sec. 166 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 166. Exchange of timber for private holdings; valuations
-STATUTE-
For purposes of subdivision (1) of section 164 of this title the
value of all patented lands within said park, including the timber
thereon, offered for exchange, and the value of the timber on park
lands, or on Government lands within the metes and bounds of the
national forests within the State of Montana, proposed to be given
in exchange for such patented lands, shall be ascertained in such
manner as the Secretary of the Interior and the Secretary of
Agriculture may jointly in their discretion direct, and all
expenses incident to ascertaining such values shall be paid by the
owners of said patented lands. 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 timber on park lands or on the
Government lands in the national forests within the State of
Montana exceeds the value of the patented lands deeded to the
Government in exchange, such excess shall be paid to the Secretary
of the Interior by the owners of the patented lands before any
timber is removed, and shall be deposited and covered into the
Treasury as miscellaneous receipts. The lands conveyed to the
Government under this section and subdivision (1) of section 164 of
this title shall become a part of the Glacier National Park.
-SOURCE-
(Mar. 3, 1917, ch. 164, Sec. 2, 39 Stat. 1122.)
-CITE-
16 USC Sec. 167 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 167. Removal of timber
-STATUTE-
All timber on Government lands in the park must be cut and
removed 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 or the national forests in consequence of the cutting
and removal of the timber therefrom shall be borne by the owners of
the patented lands, and bonds satisfactory to the Secretary of the
Interior and the Secretary of Agriculture, jointly, must be given
for the payment of such damages, if any, as shall be determined by
the Secretary of the Interior so far as the same relates to lands
within a national park and by the Secretary of Agriculture where
the same relates to lands in the national forests. The Secretary
of Agriculture and the Secretary of the Interior shall jointly
report to Congress in detail the factors upon which valuations were
made.
-SOURCE-
(Mar. 3, 1917, ch. 164, Sec. 3, 39 Stat. 1122.)
-CITE-
16 USC Sec. 167a 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 167a. Exchange of lands and other property
-STATUTE-
(a) The Secretary of the Interior is authorized to accept title
to any non-Federal lands, interests in lands, buildings, or other
property, real or personal, within the authorized boundaries of the
Glacier National Park, as now or after August 8, 1946, established,
when the acquisition by exchange of such property would, in his
judgment, be in the best interests of the United States. In
exchange for the non-Federal property so to be acquired, the
Secretary of the Interior is authorized to convey to the grantors
of such property, or to their nominees, any federally owned lands,
interests in lands, buildings, or other property, real or personal,
within the authorized boundaries of the Glacier National Park,
located in the State of Montana and administered by the National
Park Service, which are of approximately equal value, as determined
by the Secretary, to the property being acquired. In order to
facilitate the making of such exchanges, the Secretary of the
Interior may enter into agreements for the reservation in
conveyances to the United States, or for the grant in conveyances
from the United States, of such estates for years, life estates, or
other interests as may be consistent, in his judgment, with the
accomplishment of the purposes of this section, but all such
limitations shall be considered in determining the equality of the
interests to be exchanged.
(b) Any property acquired pursuant to this section shall, upon
acceptance of title thereto, become a part of the Glacier National
Park, and shall be subject to all laws applicable to such area.
The Secretary of the Interior is authorized to issue such
regulations as he deems necessary for carrying out the purposes of
this section.
-SOURCE-
(Aug. 8, 1946, ch. 915, Sec. 1, 2, 60 Stat. 949.)
-COD-
CODIFICATION
Subsecs. (a) and (b) of this section constitute sections 1 and 2,
respectively, of act Aug. 8, 1946.
-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. 168 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 168. Repealed. May 24, 1949, ch. 139, Sec. 142, 63 Stat. 109
-MISC1-
Section, act Aug. 22, 1914, ch. 264, Sec. 2, 38 Stat. 699,
related to Park as part of judicial district of Montana. See
sections 106 and 131 of Title 28, Judiciary and Judicial Procedure.
-CITE-
16 USC Sec. 169 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 169. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948
-MISC1-
Section, act Aug. 22, 1914, ch. 264, Sec. 3, 38 Stat. 699,
related to applicability of criminal laws. See section 13 of Title
18, Crimes and Criminal Procedure.
-CITE-
16 USC Sec. 170 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 170. Hunting and fishing; regulations; punishment
-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 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. 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 11, 1910, 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. 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 11, 1910, 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 11, 1910, 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-
(Aug. 22, 1914, ch. 264, Sec. 4, 38 Stat. 700.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 22, 1914, which is
classified to sections 163 and 168 to 177 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 171 of this title.
-CITE-
16 USC Sec. 171 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 171. 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 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 under 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. 22, 1914, ch. 264, Sec. 5, 38 Stat. 700.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 22, 1914, which is
classified to sections 163 and 168 to 177 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 170 of this title.
-CITE-
16 USC Sec. 172 to 177 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 172 to 177. Repealed. June 25, 1948, ch. 646, Sec. 39, 62
Stat. 992, eff. Sept. 1, 1948
-MISC1-
Section 172, acts Aug. 22, 1914, ch. 264, Sec. 6, 38 Stat. 700;
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 173, act Aug. 22, 1914, ch. 264, Sec. 7, 38 Stat. 701,
related to arrest, confinement, and bail.
Section 174, act Aug. 22, 1914, ch. 264, Sec. 8, 38 Stat. 701,
related to process. See section 3053 of Title 18, Crimes and
Criminal Procedure, rule 4 of Federal Rules of Criminal Procedure,
Title 18, Appendix, and rule 4 of Federal Rules of Civil Procedure,
Title 28, Appendix, Judiciary and Judicial Procedure.
Section 175, acts Aug. 22, 1914, ch. 264, Sec. 9, 38 Stat. 701;
June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213, related to
commissioner's (now magistrate judge) salary.
Section 176, act Aug. 22, 1914, ch. 264, Sec. 11, 38 Stat. 701,
related to fines and costs.
Section 177, act Aug. 22, 1914, ch. 264, Sec. 10, 38 Stat. 701,
related to certification and payment of fees, costs, and expenses.
-CITE-
16 USC Sec. 178 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 178. Hotel regulations
-STATUTE-
Any hotel erected on the land sold and conveyed to the Glacier
Park Hotel Company under authority of the Act of March 2, 1917,
chapter 147, Thirty-ninth Statutes, page 994, shall be operated by
the said Glacier Park Hotel Company, its successors and assigns
under such rules and regulations as the Secretary of the Interior
may prescribe for the conduct and operation of hotels within the
Glacier National Park.
-SOURCE-
(Mar. 2, 1917, ch. 147, 39 Stat. 994.)
-COD-
CODIFICATION
Section is from a proviso at the end of act Mar. 2, 1917. The
preceding part of the act authorized the Secretary of the Interior
to sell certain described lands to the hotel company mentioned
herein and was omitted as temporary and executed.
-CITE-
16 USC Sec. 179 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK
-HEAD-
Sec. 179. Donations of buildings and other property
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept buildings, moneys, or other property which may be useful
in the betterment of the administration and affairs of the Glacier
National Park under his supervision, and which may be donated for
park purposes. He may accept patented lands or rights-of-way over
patented lands in the Glacier National Park that may be donated for
park purposes.
-SOURCE-
(July 1, 1916, ch. 209, Sec. 1, 39 Stat. 308; June 12, 1917, ch.
27, Sec. 1, 40 Stat. 151.)
-COD-
CODIFICA
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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