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(continued)
-HEAD-
Sec. 246. Repealed. June 10, 1948, ch. 437, Sec. 1, 62 Stat. 352
-MISC1-
Section, act Apr. 25, 1947, ch. 41, Sec. 6, 61 Stat. 54, related
to construction of a monument to Theodore Roosevelt.
-End-
-CITE-
16 USC Sec. 247 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVI - THEODORE ROOSEVELT NATIONAL PARK
-HEAD-
Sec. 247. Homestead, mineral, and other rights unaffected
-STATUTE-
That 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-
(Apr. 25, 1947, ch. 41, Sec. 6, formerly Sec. 7, 61 Stat. 54;
renumbered Sec. 6, June 10, 1948, ch. 437, Sec. 1, 62 Stat. 352.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act Apr. 25, 1947, which was
generally classified to this subchapter. For complete
classification of this Act to the Code, see Tables.
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
-End-
-CITE-
16 USC SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-End-
-CITE-
16 USC Sec. 251 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251. Establishment; boundaries
-STATUTE-
The Mount Olympus National Monument established pursuant to
proclamation of the President dated March 2, 1909, is abolished,
and the tracts of land in the State of Washington particularly
described as follows, to wit: Township 25 north, range 4 west,
sections 5 to 8, 17 to 20, and 29 to 32, inclusive (unsurveyed);
township 26 north, range 4 west, sections 1 to 12, 17 to 20, and 29
to 32, inclusive (unsurveyed); township 27 north, range 4 west,
sections 5 to 8, 17 to 20, and 29 to 36, inclusive (unsurveyed);
township 28 north, range 4 west, sections 17 to 22, and 27 to 34,
inclusive (unsurveyed); townships 25, 26, and 27 north, range 5
west (unsurveyed), township 28 north, range 5 west, sections 7 to
36, inclusive (unsurveyed); township 24 north, range 6 west,
sections 3 to 10, 15 to 22, and 27 to 34, inclusive (unsurveyed);
townships 25, 26, and 27 north, range 6 west (unsurveyed); township
28 north, range 6 west, sections 7 to 36, inclusive (unsurveyed);
townships 24, 25, 26, and 27 north range 7 west (unsurveyed);
township 28 north, range 7 west, sections 5 to 36, inclusive
(unsurveyed); township 24 north, range 8 west, sections 1 to 18,
inclusive (partly surveyed); townships 25, 26, 27, and 28 north,
range 8 west (unsurveyed); township 29 north, range 8 west,
sections 6, 7, 18, 19 to 21, and 28 to 33, inclusive (unsurveyed);
township 30 north, range 8 west, sections 18, 19, 30, and 31
(partly surveyed); township 24 north, range 9 west, sections 1 2,
11, 12, 13, and 14 (partly surveyed); township 25 north, range 9
west (unsurveyed); township 26 north, range 9 west, sections 1 to
18, inclusive (unsurveyed) each half of section 19 (unsurveyed),
sections 20 to 29, and 32 to 36, inclusive (surveyed); townships 27
and 28 north, range 9 west (unsurveyed); township 29 north, range 9
west (partly surveyed); township 30 north, range 9 west, sections
13, 14, and 23 to 36, inclusive (partly surveyed); township 26
north, range 10 west, sections 1, 12, and 13 (surveyed); township
27 north, range 10 west, sections 1 to 6, inclusive, 12, 13, 24,
25, and 36 (surveyed); township 28 north, range 10 west, south half
section 7, south half section 8, south half section 9, south half
section 10, south half section 11, south half section 12, sections
13 to 36, inclusive (unsurveyed) all west of the Willamette
meridian, in Washington, are reserved and withdrawn from
settlement, occupancy, or disposal under the laws of the United
States and dedicated and set apart as a public park for the benefit
and enjoyment of the people and shall be known as the Olympic
National Park, and all lands formerly included in the Mount Olympus
National Monument and not included in the above description are
transferred to and made a part of the Olympic National Forest.
-SOURCE-
(June 29, 1938, ch. 812, Sec. 1, 52 Stat. 1241.)
-MISC1-
LAND EXCHANGE WITH CITY OF TACOMA, WASHINGTON
Pub. L. 102-436, title I, Oct. 23, 1992, 106 Stat. 2217, provided
that if the city of Tacoma offered to convey to the United States
approximately 45 acres of land located in the Soleduck and Quileute
areas within the boundary of Olympic National Park, in exchange for
approximately 30 acres of land adjacent to Lake Cushman as depicted
on a map entitled "Proposed Boundary Revision Olympic National
Park" and dated July 29, 1991, then the Secretary of the Interior
was to carry out such exchange, provided Tacoma could deliver clear
and unencumbered title, and subject to the laws and regulations
applicable to exchanges of land in the National Park System,
adjustment of the Olympic National Park boundaries, and additional
provisions excluding such exchange from affecting the operating
level of Cushman Reservoir, rights of possible intervenors in the
Cushman Project, or fishing rights of the Skokomish Tribe or any
other Indian tribe.
[Pub. L. 104-134, title I, Sec. 101(c) [title I, Sec. 116], Apr.
26, 1996, 110 Stat. 1321-156, 1321-178; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:
"Within 30 days after the enactment of this Act [Apr. 26, 1996],
the Department of the Interior shall issue a specific schedule for
the completion of the Lake Cushman Land Exchange Act (Public Law
102-436) [probably means title I of Pub. L. 102-436, set out above]
and shall complete the exchange not later than September 30,
1996."]
ACQUISITION OF CERTAIN BUILDINGS, ETC.; APPROPRIATION
Act Dec. 6, 1944, ch. 506, 58 Stat. 793, authorized the Secretary
of the Interior to purchase buildings and fixtures of the Olympic
Recreation Company and the Olympic Chalet Company, and appropriated
$35,000 for that purpose.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 251e of this title.
-End-
-CITE-
16 USC Sec. 251a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251a. Additional lands
-STATUTE-
Title to State, county, and private lands situated north of the
line between townships 27 and 28 north, Willamette base and
meridian, Washington, and within the boundaries of the Olympic
National Park as now or hereafter established by proclamation of
the President of the United States, shall be subject to acceptance
under the provisions of section 485 of this title, and such lands
when vested in the ownership of the United States shall be a part
of the Olympic National Park subject to all laws and regulations
applicable thereto.
-SOURCE-
(Dec. 22, 1942, ch. 800, 56 Stat. 1070.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 251e of this title.
-End-
-CITE-
16 USC Sec. 251b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251b. Exchange of lands
-STATUTE-
The Secretary of the Interior is authorized to exchange
approximately six thousand six hundred eight and ninety-six
one-hundredths acres of land adjacent to the Queets Corridor and
Ocean Strip portions of Olympic National Park, which were
originally acquired by the Federal Government for public works
purposes, for lands and interest in lands not in Federal ownership
within the exterior boundaries of the park: Provided, That the
lands so exchanged shall be of approximately equal value.
-SOURCE-
(Pub. L. 85-455, Sec. 1, June 11, 1958, 72 Stat. 185.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251d, 251e of this title.
-End-
-CITE-
16 USC Sec. 251c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251c. Administration of acquired lands
-STATUTE-
Lands acquired pursuant to the exchange authority contained
herein shall be administered as a part of Olympic National Park in
accordance with the laws and regulations applicable to the park.
-SOURCE-
(Pub. L. 85-455, Sec. 2, June 11, 1958, 72 Stat. 185.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means Pub. L. 85-455, June 11, 1958,
72 Stat. 185, which is classified to sections 251b to 251d of this
title. The "exchange authority" referred to in text is contained in
section 1 of the Act, which is classified to section 251b of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251d, 251e of this title.
-End-
-CITE-
16 USC Sec. 251d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251d. Applicability to privately owned lands
-STATUTE-
The provisions of sections 251b to 251d of this title shall not
be applicable with respect to any privately owned lands lying
within the exterior boundaries of the Olympic National Park which
are within township 23 north, range 10 west; township 23 north,
range 9 west; township 24 north, range 9 west; and township 24
north, range 8 west, West Willamette meridian; and lot 5 of the
July Creek lot survey consisting of .15 acre, and lot 12 of the
July Creek lot survey consisting of .35 acre.
-SOURCE-
(Pub. L. 85-455, Sec. 3, June 11, 1958, 72 Stat. 185.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 251e of this title.
-End-
-CITE-
16 USC Sec. 251e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251e. Boundary revision
-STATUTE-
The boundaries of Olympic National Park as established by
sections 251 and 252 to 255 of this title, and as revised by
proclamation pursuant to said sections and by or pursuant to
section 251a of this title, and sections 251b to 251d of this
title, are hereby revised to include the lands, privately owned
aquatic lands, and interests therein within the boundaries depicted
on the map entitled "Boundary Map, Olympic National Park,
Washington," numbered 149-80-001-B, and dated January 1976, which
shall be on file and available for public inspection in the office
of the National Park Service, Department of the Interior.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(a), Oct. 21, 1976, 90 Stat.
2739.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251g, 251h, 251i,
251l, 251m of this title.
-End-
-CITE-
16 USC Sec. 251f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251f. Consultation by Secretary with Governor, local
officials, and affected landowners; notice to Congressional
committees; publication in Federal Register
-STATUTE-
The Secretary of the Interior (hereinafter referred to as the
"Secretary") shall, beginning within thirty days after October 21,
1976, consult with the Governor of the State of Washington, the
Board of Commissioners of Clallam County, and the affected
landowners, and shall locate a boundary encompassing all of the
shoreline of Lake Ozette, including privately owned aquatic lands
not within the boundary of the park on October 21, 1976: Provided,
That such boundary shall be located not less than two hundred feet
set back from the ordinary high-water mark of Lake Ozette: Provided
further, That the privately owned lands encompassed within the park
by such boundary shall not exceed one thousand five hundred acres.
The Secretary shall, within one hundred and eighty days after
October 21, 1976, and following reasonable notice in writing to the
Committees on Interior and Insular Affairs of the Senate and House
of Representatives of his intention to do so, publish in the
Federal Register a detailed description of the boundary located
pursuant to this section. Upon such publication the Secretary is
authorized to revise the map on file pursuant to section 251e of
this title accordingly, and such revised map shall have the same
force and effect as if included in sections 251e to 251m of this
title.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(b), Oct. 21, 1976, 90 Stat.
2739.)
-REFTEXT-
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text, was in
the original "this Act", meaning Pub. L. 94-578.
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251g, 251h, 251i, 251l,
251m of this title.
-End-
-CITE-
16 USC Sec. 251g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 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
-STATUTE-
Notwithstanding any other provision of law, within the boundaries
of the park as revised by and pursuant to sections 251e to 251m of
this title, the Secretary is authorized to acquire lands, privately
owned aquatic lands, and interests therein by donation, purchase
with donated or appropriated funds, exchange, or transfer from any
Federal agency. Property so acquired shall become part of Olympic
National Park and shall be administered by the Secretary subject to
the laws and regulations applicable to such park. The Secretary is
authorized and directed to exclude from the boundaries of the park
such private lands and publicly owned and maintained roads within
Grays Harbor County which are near and adjacent to Lake Quinault,
and which do not exceed two thousand, one hundred and sixty-eight
acres in total. Prior to excluding such lands from the park, the
Secretary shall study and investigate current and prospective uses
of the private lands, as well as the implications of their
exclusion both for the lands involved and for Olympic National
Park. The results of such study shall be transmitted to the
President and to the Congress within two years of October 21, 1976,
and shall take effect unless disapproved by simple majority vote of
the House of Representatives or the Senate of the United States of
America within ninety legislative days of their submission to the
Congress. Property excluded from the boundaries of the park by
sections 251e to 251m of this title may be exchanged for
non-Federal property within the boundaries; or it may be
transferred to the jurisdiction of any Federal agency or to the
State of Washington or a political subdivision thereof, without
monetary consideration, as the Secretary may deem appropriate. Any
such Federal property transferred to the jurisdiction of the
Secretary of Agriculture for national forest purposes shall upon
such transfer become part of the national forest and subject to the
laws and regulations pertaining thereto. Any property excluded from
the park by sections 251e to 251m of this title which is within the
boundaries of an Indian reservation may be transferred in trust to
such Indian tribe, subject, however, to the express condition that
any concessioner providing, public services shall be permitted to
continue to provide such services in such manner and for such
period as set forth in his concession contract, that the Secretary
of the Interior is authorized to pay all franchise fees collected
from the concessioner under the contract to said Indian Tribe, and
that in the event his contract is terminated, the United States
shall purchase his possessory interest in accordance with the Act
of October 9, 1965 (79 Stat. 969).(!1) The acquisition of lands by
the United States in trust for an Indian tribe pursuant to sections
251e to 251m of this title shall not confer any hunting or fishing
rights upon such tribe which were not vested in such tribe prior to
the acquisition of such lands.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(d), Oct. 21, 1976, 90 Stat.
2739.)
-REFTEXT-
REFERENCES IN TEXT
Sections 251e to 251m of this title, the first three times
appearing in text, was in the original "this Act" and, where last
appearing, was in the original "this title", meaning Pub. L. 94-578
and title III of Pub. L. 94-578, respectively.
Act of October 9, 1965, referred to in text, 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251h, 251i, 251l,
251m of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 251h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251h. Property retention rights; compensation at fair market
value; "improved property" defined
-STATUTE-
(1) Any owner or owners of improved property within the
boundaries of the park, as revised by and pursuant to sections 251e
to 251m of this title may, on the date of its acquisition, retain
for themselves and their successors or assigns a right of use and
occupancy of the property for such noncommercial residential
purposes as existed on or before January 1, 1976, for twenty-five
years, or, in lieu thereof, for a term ending at the death of the
owner or his spouse, whichever is later. 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.
(2) As used in sections 251e to 251m of this title, the term
"improved property" shall mean any single-family dwelling on which
construction was begun before January 1, 1976, together with so
much of the land on which the dwelling is situated (such land being
in the same ownership as the dwelling) as shall be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, as the Secretary shall designate.
The amount of the land so designated shall in every case be not
more than three acres in area: Provided, That the Secretary may
exclude from the land so designated any beach or water, together
with so much of the land adjoining any such beach or water, as he
may deem necessary for public access thereto.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(e), Oct. 21, 1976, 90 Stat.
2740.)
-REFTEXT-
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text, was in
the original "this Act" and "this title", meaning Pub. L. 94-578
and title III of Pub. L. 94-578, respectively.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251g, 251i, 251l,
251m of this title.
-End-
-CITE-
16 USC Sec. 251i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251i. Land acquisition of privately owned land; report to
Congress; condemnation proceedings; compensation
-STATUTE-
The Secretary is directed to acquire in fee all other privately
owned lands added to the park by and pursuant to sections 251e to
251m of this title, and to acquire within three years of October
21, 1976, so much of such lands as can be acquired by donation,
exchange, or purchase, to the extent of available funds, and to
report to Congress on the third anniversary of October 21, 1976,
the estimated amount of appropriations which would be necessary to
acquire the remainder, if any, of such lands by condemnation. The
compensation for such lands shall be their fair market value on the
date of their acquisition, taking into account applicable land use
regulations in effect on January 1, 1976.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(f), Oct. 21, 1976, 90 Stat.
2741.)
-REFTEXT-
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text, was in
the original "this Act", meaning Pub. L. 94-578.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251g, 251h, 251j,
251l, 251m of this title.
-End-
-CITE-
16 USC Sec. 251j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 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
-STATUTE-
Notwithstanding the provisions of section 251i of this title, any
noncorporate owner or owners, as of January 1, 1976, of property
adjacent to Lake Ozette may retain title to such property:
Provided, That such owner or owners consent to acquisition by the
Secretary or (!1) scenic easements or other interests that allow
only those improvements that the Secretary finds to be reasonably
necessary for continued use and occupancy. Any such owner or owners
who elects to improve his property or a portion thereof shall
submit to the Secretary a plan which shall set forth the manner in
which the property is to be improved and the use to which it is
proposed to be put. If, upon review of such plan, the Secretary
determines that it is compatible with the limitations of this
section, he in his discretion may issue a permit to such owner and
a certificate to that effect. Upon issuance of any such certificate
and so long as such property is maintained and used in conformity
therewith, the authority of the Secretary to acquire such property
or interest therein without the consent of the owner shall be
suspended.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(g), Oct. 21, 1976, 90 Stat.
2741.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251g, 251h, 251i,
251l, 251m of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "of".
-End-
-CITE-
16 USC Sec. 251k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251k. Economic dislocation in land acquisition; exchange of
lands; transfers of land within a national forest; concurrence of
Secretary of Agriculture
-STATUTE-
In order to minimize economic dislocation in acquiring property
within the park, the Secretary may acquire with the consent of the
owner, lands and interests in lands outside the boundaries of the
park, but within the State of Washington, and with the concurrence
of the Secretary of Agriculture, he may utilize lands and interests
therein within a national forest in the State of Washington hereby
authorized to be transferred to the Secretary, for the purpose of
exchanging lands and interests so acquired or transferred for
property within the park.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(h), Oct. 21, 1976, 90 Stat.
2741.)
-MISC1-
LAND EXCHANGES
Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 415, provided
in part: "That pursuant to 16 U.S.C. 251k, the Secretary may
acquire the 270-acre parcel known as Keystone Spit on Whidbey
Island, Washington, and convey such parcel to the State of
Washington in exchange for the approximately 1,000 acres of
tidelands owned by such State within the boundary of Olympic
National Park: Provided further, That if recreational uses of these
tidelands must be regulated, the National Park Service shall
consult with the State of Washington prior to the implementation of
any such regulations: Provided further, That the exchange must
include the mineral rights of the tidelands."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251g, 251h, 251i,
251l, 251m of this title.
-End-
-CITE-
16 USC Sec. 251l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251l. Retrocession of lands to State; Quileute Indian
Reservation jurisdiction; concurrent legislative jurisdiction
with State
-STATUTE-
Effective upon acceptance thereof by the State of Washington (1)
the jurisdiction which the United States acquired over those lands
excluded from the boundaries of Olympic National Park by section
251e of this title is hereby retroceded to the State: Provided,
That the lands restored to the Quileute Indian Reservation shall be
subject to the same State, and Tribal jurisdiction as all other
trust lands within said Reservation; and (2) there is hereby
retroceded to such State concurrent legislative jurisdiction, as
the Governor of the State of Washington and the Secretary shall
determine, over and within all territory within the boundaries of
the park as revised by sections 251e to 251m of this title.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(i), Oct. 21, 1976, 90 Stat.
2741.)
-REFTEXT-
REFERENCES IN TEXT
Section 251e of this title and sections 251e to 251m of this
title, referred to in text, were in the original "subsection 1(a)
of this Act" and "this Act", respectively. "This Act" means Pub. L.
94-578.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 110c, 251f, 251g, 251h,
251i, 251m of this title.
-End-
-CITE-
16 USC Sec. 251m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251m. Authorization of appropriations
-STATUTE-
There is hereby authorized to be appropriated not to exceed
$23,700,000 for the acquisition of lands, privately owned aquatic
lands, or interests therein in accordance with the provisions of
sections 251e to 251m of this title. No funds authorized to be
appropriated pursuant to sections 251e to 251m of this title shall
be available prior to October 1, 1977.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 320(j), Oct. 21, 1976, 90 Stat.
2741; Pub. L. 96-199, title I, Sec. 110, Mar. 5, 1980, 94 Stat.
70.)
-REFTEXT-
REFERENCES IN TEXT
Sections 251e to 251m of this title, referred to in text, was in
the original "this title", meaning title III of Pub. L. 94-578.
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-199 substituted "$23,700,000" for
"$13,000,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 251f, 251g, 251h, 251i,
251l of this title.
-End-
-CITE-
16 USC Sec. 251n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 251n. Additional boundary revision
-STATUTE-
(a) The boundary of Olympic National Park, Washington, is hereby
revised to include within the park -
(1) all submerged lands and waters of Lake Ozette, Washington,
and the Ozette River, Washington;
(2) all surveyed and unsurveyed islands, above the point of
lowest low tide, lying off the coast of the State of Washington
in the Pacific Ocean between latitudes 48 degrees 23 minutes
north and 47 degrees 34 minutes north: Provided, That such lands
as are identified in this paragraph shall continue to be open to
fishing and to the taking of shellfish in conformity with the
laws and regulations of the State of Washington;
(3) those lands between mean high tide and the lowest low tide
beginning in section 22, township 24 north, range 13 west
Willamette meridian, at the common boundary between the Olympic
National Park and the Quinault Indian Reservation, to section 18,
township 32 north, range 15 west Willamette meridian, at the
common boundary between the Olympic National Park and the Makah
Indian Reservation, except those lands directly adjacent to and
west of the Hoh, Ozette, and Quillayute Indian Reservations:
Provided, That such lands as are identified in this paragraph
shall continue to be open to fishing and to the taking of
shellfish in conformity with the laws and regulations of the
State of Washington; and
(4) approximately nine thousand six hundred and thirty-eight
acres, and to exclude from the park approximately three thousand
three hundred and fifty-two acres, as generally depicted on the
maps entitled "Boundary Modifications, Olympic National Forest
and Olympic National Park", numbered 149/60,030A, sheets 1
through 9, and dated September 1986, which shall be on file and
available for public inspection in the office of the National
Park Service, United States Department of the Interior.
(b) The boundary of Olympic National Forest, Washington, is
hereby revised to include in the national forest approximately
three thousand three hundred and fifty-two acres and to exclude
from the national forest approximately nine thousand three hundred
and twenty-four acres, as generally depicted on the maps entitled
"Boundary Modifications, Olympic National Forest and Olympic
National Park", numbered 149/60,030A, sheets 1 through 9, and dated
September 1986, which shall be on file and available for public
inspection in the office of the Forest Service, United States
Department of Agriculture.
-SOURCE-
(Pub. L. 99-635, Sec. 1(a), (b), Nov. 7, 1986, 100 Stat. 3527; Pub.
L. 100-668, title I, Sec. 104(c)(1)-(3), Nov. 16, 1988, 102 Stat.
3962.)
-MISC1-
AMENDMENTS
1988 - Subsec. (a)(2). Pub. L. 100-668, Sec. 104(c)(1), (2),
inserted ", above the point of lowest low tide," after "islands",
substituted "34 minutes north" for "38 minutes north", and inserted
proviso at end.
Subsec. (b). Pub. L. 100-668, Sec. 104(c)(3), substituted "sheets
1 through 9" for "sheets 1 through 10".
TRANSFER OF ADMINISTRATIVE JURISDICTION OF EXCHANGED PARK AND
FOREST LANDS; AUTHORIZATION OF APPROPRIATIONS
Sections 2 to 5 of Pub. L. 99-635, as amended by Pub. L. 100-668,
title I, Sec. 104(c)(4)-(6), Nov. 16, 1988, 102 Stat. 3962,
provided that:
"Sec. 2. (a) Federal lands, waters, and interests therein
formerly within the boundary of Olympic National Forest which are
included within the boundary of Olympic National Park pursuant to
section 1 of this Act [16 U.S.C. 251n] 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 applicable to the park: Provided further, That within
section 15, township 24 north, range 9 west Willamette meridian,
and within an area extending not more than one mile north of such
section, nothing herein shall be construed to limit or otherwise
modify the authority of the Secretary of Agriculture to design and
construct a forest logging road east of the park boundary:
Provided, however, That the Secretary of Agriculture shall
construct the road as close as practically possible to the park
boundary but not more than five hundred feet east of the divide.
Following construction, the Secretary of the Interior is hereby
authorized and directed to redescribe and relocate the boundary of
the park along the eastern clearing limits of the road.
"(b) Federal lands, waters, and interests therein formerly within
the boundary of Olympic National Park which are excluded therefrom
pursuant to section 1 of this Act [16 U.S.C. 251n] are, subject to
valid existing rights, hereby transferred to the administrative
jurisdiction of the Secretary of Agriculture for administration as
part of Olympic National Forest, and shall be subject to all the
laws and regulations applicable to the National Forest System:
Provided, That any lands deleted from the park and included within
the Buckhorn Wilderness, Mount Skokomish Wilderness, or The
Brothers Wilderness pursuant to this Act [enacting this section and
this note] shall be managed in accordance with the provisions of
the Washington State Wilderness Act of 1984 (Public Law 98-339, Act
of July 3, 1984, 98 Stat. 301).
"Sec. 3. (a) The Secretary of the Interior is authorized to
acquire by donation, purchase with donated or appropriated funds,
exchange, bequest or otherwise any non-Federal lands, waters, and
interests therein included within the boundary of Olympic National
Park pursuant to section 1 of this Act [16 U.S.C. 251n]: Provided:
That any lands, waters, or interests therein owned by the State of
Washington or any political subdivision thereof may be acquired
only by donation or exchange.
"(b) For the purpose of section 7 of the Land and Water
Conservation Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C.
460l-9), the boundary of the Olympic National Forest, as modified
pursuant to section 1 of this Act [16 U.S.C. 251n], shall be
treated as if it was the boundary of that national forest on
January 1, 1965.
"Sec. 4. Effective upon acceptance thereof by the State of
Washington, the jurisdiction which the United States acquired over
those lands excluded from the boundaries of Olympic National Park
by this Act [enacting this section and this note] is hereby
retroceded to the State.
"Sec. 5. There are hereby authorized to be appropriated such sums
as may be necessary to carry out the purposes of this Act [enacting
this section and this note], except that the total amounts
authorized to be appropriated for the purpose of acquisition of
lands, waters, and interests therein pursuant to this Act shall not
exceed $1,000,000."
-End-
-CITE-
16 USC Sec. 252 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 252. Disposal of mineral rights
-STATUTE-
In the areas of said park lying east of the range line between
ranges 9 and 10 and north of the seventh standard parallel, and
east of the range line between ranges 4 and 5 west, Willamette
meridian, all mineral deposits of the classes and kinds now subject
to location, entry, and patent under the mining laws of the United
States shall be, exclusive of the land containing them, subject to
disposal under such laws for a period of five years from June 29,
1938, with rights of occupation and use of so much of the surface
of the land as may be required for all purposes reasonably incident
to the mining or removal of the minerals and under such general
regulations as may be prescribed by the Secretary of the Interior.
-SOURCE-
(June 29, 1938, ch. 812, Sec. 2, 52 Stat. 1242.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 251e of this title.
-End-
-CITE-
16 USC Sec. 253 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 253. Apportionment of income among counties
-STATUTE-
The income of each county receiving moneys from the Olympic
National Forest, under section 500 of this title, shall be
proportional to the total area of each county in the Olympic
National Forest and the Olympic National Park combined.
-SOURCE-
(June 29, 1938, ch. 812, Sec. 3, 52 Stat. 1242.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 251e of this title.
-End-
-CITE-
16 USC Sec. 254 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 254. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the Olympic
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-
(June 29, 1938, ch. 812, Sec. 4, 52 Stat. 1242.)
-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, Secs. 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 251e of this title.
-End-
-CITE-
16 USC Sec. 255 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 255. Effect on existing homestead, mineral, etc., entries;
revision of boundaries
-STATUTE-
Nothing contained herein shall affect any valid existing claim,
location, or entry made under the land laws of the United States,
whether for homestead, mineral, right-of-way, or any other purpose
whatsoever, or shall affect the right of any such claimant,
locator, or entryman to the full use and enjoyment of his land, nor
the rights reserved by treaty to the Indians of any tribes. The
boundaries of Olympic National Park may be revised only by Act of
Congress.
-SOURCE-
(June 29, 1938, ch. 812, Sec. 5, 52 Stat. 1242; Pub. L. 94-578,
title III, Sec. 320(c), Oct. 21, 1976, 90 Stat. 2739.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act June 29, 1938, which is
classified to sections 251 and 252 to 255 of this title. For
complete classification of this Act to the Code, see Tables.
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "The boundaries of Olympic
National Park may be revised only by Act of Congress" for "The
President may after eight months from June 29, 1938 by proclamation
add to the Olympic National Park any lands within the boundaries of
the Olympic National Forest, and any lands which may be acquired by
the Government by gift or purchase, which he may deem it advisable
to add to such park; and any lands so added to such park shall,
upon their addition thereto, become subject to all laws and
regulations applicable to other lands within such park: Provided,
That the total area of the said park shall not exceed eight hundred
and ninety-eight thousand two hundred and ninety-two acres:
Provided further, That before issuing any such proclamation, the
President shall consult with the Governor of the State of
Washington, the Secretary of the Interior, and the Secretary of
Agriculture and advise them of the lands which he proposes to add
to such park, and shall afford them a reasonable opportunity to
consult with and communicate to him their views and recommendations
with respect to the addition of such lands to such park."
-EXEC-
PROCLAMATION NO. 3003
Proc. No. 3003, Jan. 6, 1953, 18 F.R. 169, enlarged the Olympic
National Park by adding to it certain lands within the Olympic
National Forest.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 251e of this title.
-End-
-CITE-
16 USC Sec. 256 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 256. Acceptance of land ceded by State of Washington;
assumption of jurisdiction
-STATUTE-
The provisions of the act of the Legislature of the State of
Washington, approved March 8, 1941 (Chapter 51 of the Laws of 1941
of the State of Washington), ceding to the United States exclusive
jurisdiction over and within all the territory included on March 8,
1941, in the tract of land in the State of Washington, set aside
for the purposes of a national park and known as the Olympic
National Park, are accepted. Subject to the reservations made by
the State in the act of cession, the United States assumes sole and
exclusive jurisdiction over such territory.
-SOURCE-
(Mar. 6, 1942, ch. 151, Sec. 1, 56 Stat. 135.)
-REFTEXT-
REFERENCES IN TEXT
Act of State of Washington "approved March 8, 1941", referred to
in text, may be found in Rem. Rev. St., Sec. 8110-1 and Revised
Code of Washington Annotated, Sec. 37.08.210.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 256b, 256c, 256i of this
title.
-End-
-CITE-
16 USC Sec. 256a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 256a. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948
-MISC1-
Section, act Mar. 6, 1942, ch. 151, Sec. 2, 56 Stat. 136, related
to inclusion of park in a judicial district. See section 128 of
Title 28, Judiciary and Judicial Procedure.
-End-
-CITE-
16 USC Sec. 256b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 256b. Hunting and fishing; general rules and regulations;
protection of property; violation of statutes or 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 the park, nor
shall any fish be taken out of any of the waters of the park,
except at such seasons and at such times and in such manner as may
be directed by the Secretary of the Interior. 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, natural curiosities, or wonderful objects within
the 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 waters in the
park. Possession within the park of the dead bodies or any part
thereof of any wild bird or animal shall be prima facie evidence (continued)