Loading (50 kb)...'
(continued)
(Pub. L. 90-544, title IV, Sec. 401, Oct. 2, 1968, 82 Stat. 928.)
-End-
-CITE-
16 USC Sec. 90c-1 01/19/04
-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;": (!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.
(b) Lands withdrawn from location, entry, and patent under mining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rights, are hereby withdrawn from all forms of appropriation or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, Secs. 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.
-MISC1-
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."
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
16 USC Sec. 90d 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 90d-1 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 90d-2 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 90d-3 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 90d-4 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 90d-5 01/19/04
-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".
-End-
-CITE-
16 USC Sec. 90e 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 90e-1 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 90e-2 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 90e-3 01/19/04
-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.)
-End-
-CITE-
16 USC SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK 01/19/04
-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
-End-
-CITE-
16 USC Sec. 91 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 92 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 92a 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 93 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 94 01/19/04
-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.)
-End-
-CITE-
16 USC Sec. 95 01/19/04
-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.
-End-
-CITE-
16 USC Secs. 96, 97 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK
-HEAD-
Secs. 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.
-End-
-CITE-
16 USC Sec. 98 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 99 01/19/04
-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.
-End-
-CITE-
16 USC Secs. 100 to 105 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XI - MOUNT RAINIER NATIONAL PARK
-HEAD-
Secs. 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.
-End-
-CITE-
16 USC Sec. 106 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 107 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 108 01/19/04
-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.
-End-
-CITE-
16 USC Sec. 109 01/19/04
-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; (continued)