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that the person or persons having the same are guilty of violating
this Act. Any person or persons, stage or express company, railway
or other transportation company, who knows or has reason to believe
that such wild birds, fish, or animals were taken or killed
contrary to the provisions of this Act or the rules and regulations
promulgated by the Secretary of the Interior, and who receives for
transportation the dead bodies or any part thereof of the wild
birds, fish, or animals so taken or killed, or who shall violate
any of the other provisions of this Act, or the rules and
regulations, 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 the park, or for the
protection of the animals, birds, and fish in the park, or who
shall within the park commit any damage, injury, or spoliation to
or upon any building, fence, sign, hedge, gate, guidepost, tree,
wood, underwood, timber, garden, crops, vegetables, plants, land,
springs, mineral deposits, natural curiosities, or other matter or
thing growing or being thereon, or situated therein, shall be
deemed guilty of a class B misdemeanor in accordance with
provisions of title 18.
-SOURCE-
(Mar. 6, 1942, ch. 151, Sec. 3, 56 Stat. 136; Pub. L. 100-668,
title I, Sec. 104(a), Nov. 16, 1988, 102 Stat. 3962.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which is
classified to sections 256 to 256i of this title. For complete
classification of this Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-668 substituted "a class B misdemeanor in
accordance with provisions of title 18" for "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 the
costs of the proceedings".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 256c, 256i of this title.
-End-
-CITE-
16 USC Sec. 256c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 256c. Forfeiture of property used in hunting, fishing, etc.
-STATUTE-
All guns, bows, traps, nets, seines, fishing tackle, clothing,
teams, horses, machinery, logging equipment, motor vehicles,
aircraft, boats, or means of transportation of every nature or
description used by any person or persons or organizations within
the limits of the park when engaged in or attempting to engage in
killing, trapping, ensnaring, taking or capturing such wild birds,
fish or animals, or taking, destroying or damaging such trees,
plants, or mineral deposits contrary to the provisions of this Act
or the rules and regulations promulgated by the Secretary of the
Interior shall be forfeited to the United States and may be seized
by the officers in the park and held pending prosecution of any
person or persons or organization arrested under or charged with
violating the provisions of this Act, and upon conviction under
this Act of such persons or organizations using said guns, bows,
traps, nets, seines, fishing tackle, clothing, teams, horses,
machinery, logging equipment, motor vehicles, aircraft, boats, or
other means of transportation of every nature and description used
by any person or persons or organization, such forfeiture shall be
adjudicated as a penalty in addition to the other punishment
prescribed in this Act. Such forfeited property shall be disposed
of and accounted for by and under the authority of the Secretary of
the Interior: Provided, That the forfeiture of teams, horses,
machinery, logging equipment, motor vehicles, aircraft, boats, or
other means of transportation shall be in the discretion of the
Court.
-SOURCE-
(Mar. 6, 1942, ch. 151, Sec. 4, 56 Stat. 136; Pub. L. 100-668,
title I, Sec. 104(b), Nov. 16, 1988, 102 Stat. 3962.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which is
classified to sections 256 to 256i of this title. For complete
classification of this Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-668 amended section generally. Prior to
amendment, section read as follows: "All guns, traps, nets, seines,
fishing tackle, teams, horses, or means of transportation of every
nature or description used by any person or persons within the
limits of the park when engaged in killing, trapping, ensnaring,
taking, or capturing such wild birds, fish, or animals contrary to
the provisions of this Act or the rules and regulations promulgated
by the Secretary of the Interior shall be forfeited to the United
States and may be seized by the officers in the park and held
pending prosecution of any person or persons arrested under the
charge of violating the provisions of this Act, and upon conviction
under this Act of such person or persons using said guns, traps,
nets, seines, fishing tackle, teams, horses, or other means of
transportation, such forfeiture shall be adjudicated as a penalty
in addition to the other punishment prescribed in this Act. Such
forfeited property shall be disposed of and accounted for by and
under the authority of the Secretary of the Interior: Provided,
That the forfeiture of teams, horses, or other means of
transportation shall be in the discretion of the court."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 256b, 256i of this title.
-End-
-CITE-
16 USC Secs. 256d to 256h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Secs. 256d to 256h. Repealed. June 25, 1948, ch. 646, Sec. 39, 62
Stat. 992, eff. Sept. 1, 1948
-MISC1-
Section 256d, acts Mar. 6, 1942, ch. 151, Sec. 5, 56 Stat. 137;
Apr. 21, 1948, ch. 223, Sec. 4, 62 Stat. 197, 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 256e, act Mar. 6, 1942, ch. 151, Sec. 6, 56 Stat. 137,
related to issuance of process. 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 256f, act Mar. 6, 1942, ch. 151, Sec. 7, 56 Stat. 137,
related to commissioner's [now magistrate judge's] salary.
Section 256g, act Mar. 6, 1942, ch. 151, Sec. 8, 56 Stat. 137,
related to certification and payment of fees, costs, and expenses.
Section 256h, act Mar. 6, 1942, ch. 151, Sec. 9, 56 Stat. 137,
related to disposition of fines and costs.
-End-
-CITE-
16 USC Sec. 256i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII - OLYMPIC NATIONAL PARK
-HEAD-
Sec. 256i. Notice to Governor of Washington; application of laws to
subsequently accepted lands
-STATUTE-
The Secretary of the Interior shall notify in writing the
Governor of the State of Washington of the passage and approval of
this Act, and of the fact that the United States assumes police
jurisdiction over the park. Upon the acceptance by the Secretary of
the Interior of further cessions of jurisdiction over lands now or
hereafter included in the Olympic National Park, the provisions of
sections 256b and 256c of this title shall apply to such lands.
-SOURCE-
(Mar. 6, 1942, ch. 151, Sec. 10, 56 Stat. 137.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which is
classified to sections 256 to 256i 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 256b, 256c of this title.
-End-
-CITE-
16 USC SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 261 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 261. Establishment; description of area
-STATUTE-
When title to such lands, structures, and other property in the
Cumberland Gap-Cumberland Ford areas, being portions of the
Warriors Path of the Indians and Wilderness Road of Daniel Boone,
within Bell and Harlan Counties, Kentucky; Lee County, Virginia;
and Claiborne County, Tennessee; as may be determined by the
Secretary of the Interior as necessary or desirable for national
historical park purposes, shall have been vested in the United
States, such area or areas shall be, and they are, established,
dedicated, and set apart as a public park for the benefit and
inspiration of the people and shall be known as the Cumberland Gap
National Historical Park: Provided, That the United States shall
not purchase by appropriation of public moneys any lands within the
aforesaid areas.
-SOURCE-
(June 11, 1940, ch. 304, Sec. 1, 54 Stat. 262; May 26, 1943, ch.
103, Sec. 1, 57 Stat. 85.)
-MISC1-
AMENDMENTS
1943 - Act May 26, 1943, omitted proviso relating to inclusion of
certain specified lands.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 262 of this title.
-End-
-CITE-
16 USC Sec. 262 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 262. Total area; consent of Congress to acquisition of lands
and property and transfer thereof to United States
-STATUTE-
The total area of the Cumberland Gap National Historical Park, as
determined pursuant to this subchapter, shall comprise not less
than six thousand acres and shall not exceed fifty thousand acres,
and lands may be added to the park following its establishment
within the aforesaid limitations. The park shall not include any
land within the city limits of Middlesboro and Pineville, Kentucky;
Cumberland Gap, Tennessee; which the proper officials thereof shall
indicate to the Secretary of the Interior prior to the
establishment of said park are required for expansion of said
cities.
(a) The consent of Congress is given to the States of Tennessee,
Kentucky, and Virginia to enter into a compact providing for (1)
the acquisition of the lands, structures, and other property in the
Cumberland Gap-Cumberland Ford areas referred to in section 261 of
this title, and (2) the transfer of title to such lands,
structures, and other property to the United States.
(b) The right to alter, amend, or repeal this section is
expressly reserved.
-SOURCE-
(June 11, 1940, ch. 304, Sec. 2, 54 Stat. 263; May 26, 1943, ch.
103, Sec. 2, 57 Stat. 85.)
-MISC1-
AMENDMENTS
1943 - Act May 26, 1943, among other changes, inserted minimum
acreage limitation in first par. and added pars. (a) and (b).
-End-
-CITE-
16 USC Sec. 263 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 263. 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 the said historical park as
determined and fixed under this subchapter, and donations of funds
for the purchase and maintenance thereof: Provided, That he may
acquire on behalf of the United States out of any donated funds, by
purchase at prices deemed by him reasonable, or by condemnation
under the provisions of section 3113 of title 40, such tracts of
land within said historical park as may be necessary for the
completion thereof. The title to any lands or interests in lands to
be acquired pursuant to this subchapter shall be satisfactory to
the Secretary of the Interior.
-SOURCE-
(June 11, 1940, ch. 304, Sec. 3, 54 Stat. 263.)
-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.
-End-
-CITE-
16 USC Sec. 264 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 264. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the aforesaid
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 11, 1940, ch. 304, Sec. 4, 54 Stat. 263.)
-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.
-End-
-CITE-
16 USC Sec. 265 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 265. Addition of lands
-STATUTE-
The Secretary of the Interior may acquire for addition to
Cumberland Gap National Historical Park the following described
land and interests in land, located in Bell County, Kentucky:
Provided, That appropriated funds may not be used to pay more than
one-half the cost of such acquisition.
Beginning at a concrete marker on the west boundary of Cumberland
Gap National Historical Park and being on the south margin of
Avondale Avenue in the city of Middlesboro, Kentucky, and also on
the south bank of Davis Branch; thence along the park boundary the
following courses and distances;
South 24 degrees 50 minutes west, 196.79 feet; thence south 30
degrees 02 minutes west, 129.95 feet to a stake; thence south 12
degrees 22 minutes west, 31.82 feet; thence south 80 degrees 38
minutes west, 143.36 feet; thence south 88 degrees 04 minutes west,
100 feet; thence north 86 degrees 14 minutes west, 100 feet; thence
north 80 degrees 33 minutes west, 100 feet; thence north 77 degrees
42 minutes west, 186.40 feet;
Thence north 82 degrees 51 minutes west, 271.55 feet; thence
leaving the park boundary and following along the south
right-of-way of Clydesdale Avenue south 71 degrees 39 minutes west,
310 feet, more or less, to the north right-of-way of United States
Highway 25E;
Thence along the said highway right-of-way south 82 degrees 09
minutes west, 317 feet, more or less, to its intersection with the
north right-of-way of Clydesdale Avenue; thence along the north
right-of-way of Clydesdale Avenue north 70 degrees 09 minutes east,
423 feet, more or less, to a point on the park boundary;
Thence with the park boundary the following courses and
distances: south 86 degrees 39 minutes west, 261.44 feet; thence
south 81 degrees 26 minutes west, 147.66 feet; thence north 6
degrees 55 minutes west, 49.23 feet; thence south 83 degrees 04
minutes west, 980 feet; thence north 6 degrees 55 minutes west, 135
feet, more or less, to a point in the middle of Little Yellow
Creek;
Thence leaving the park boundary and up the center of the
meanders of Little Yellow Creek, 2,562 feet, more or less, to a
point in the middle of Little Yellow Creek which is also a point in
the middle of Davis Branch;
Thence leaving Little Yellow Creek and along the center of Davis
Branch, 400 feet, more or less, to the south margin of Avondale
Avenue; thence with the south right-of-way of Avondale Avenue south
55 degrees 44 minutes east, 5 feet, more or less, to the point of
beginning, said tract containing 9.0 acres, more or less.
-SOURCE-
(Pub. L. 87-111, Sec. 1, July 26, 1961, 75 Stat. 224.)
-COD-
CODIFICATION
Section was not enacted as part of act June 11, 1940, ch. 304, 54
Stat. 262, which comprises this subchapter.
-MISC1-
APPROPRIATIONS
Section 2 of Pub. L. 87-111 authorized to be appropriated such
sums, but not more than $30,000, as were necessary to carry out the
provisions of this section.
-End-
-CITE-
16 USC Sec. 266 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 266. Authorization of appropriations for acquisition of
additional lands
-STATUTE-
For the acquisition of lands authorized in section 267 of this
title, there are authorized to be appropriated such sums as may be
necessary, but not more than $427,500.
-SOURCE-
(Pub. L. 93-477, title I, Sec. 101(3), Oct. 26, 1974, 88 Stat.
1445.)
-COD-
CODIFICATION
Section was not enacted as part of act June 11, 1940, ch. 304, 54
Stat. 262, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 267 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 267. Authority of Secretary to acquire additional lands
-STATUTE-
Notwithstanding the provisions of this subchapter, the Secretary
of the Interior is authorized to acquire by donation, purchase with
donated or appropriated funds, or exchange not to exceed 60 acres
of land or interests in land located in Bell County, Kentucky, and
Claiborne County, Tennessee, for addition to and inclusion in the
said national historical park which, upon acquisition, shall become
a part of the Cumberland National Historical Park subject to the
laws, rules, and regulations governing such park.
-SOURCE-
(Pub. L. 93-477, title III, Sec. 301(2), Oct. 26, 1974, 88 Stat.
1446.)
-COD-
CODIFICATION
Section was not enacted as part of act June 11, 1940, ch. 304, 54
Stat. 262, which comprises this subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 266 of this title.
-End-
-CITE-
16 USC Sec. 268 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVIII - CUMBERLAND GAP NATIONAL HISTORICAL PARK
-HEAD-
Sec. 268. Authority of Secretary to acquire lands for trailheads
-STATUTE-
(a) Authority
Notwithstanding this subchapter, the Secretary of the Interior is
authorized to acquire by donation, purchase with donated or
appropriated funds, or exchange not to exceed 10 acres of land or
interests in land, which shall consist of those necessary lands for
the establishment of trailheads to be located at White Rocks and
Chadwell Gap.
(b) Administration
Lands and interests in lands acquired pursuant to subsection (a)
of this section shall be added to and administered as part of the
Cumberland Gap National Historical Park.
-SOURCE-
(Pub. L. 104-333, div. I, title II, Sec. 216, Nov. 12, 1996, 110
Stat. 4112.)
-COD-
CODIFICATION
Section was enacted as part the Omnibus Parks and Public Lands
Management Act of 1996, and not as part of act June 11, 1940, ch.
304, 54 Stat. 262, which comprises this subchapter.
-End-
-CITE-
16 USC SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 271 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271. Establishment; description of area
-STATUTE-
In order to preserve an area in the State of Utah possessing
superlative scenic, scientific, and archeologic features for the
inspiration, benefit, and use of the public, there is hereby
established the Canyonlands National Park which, subject to valid
existing rights, shall comprise the area generally depicted on the
drawing entitled "Boundary Map, Canyonlands National Park, Utah",
numbered 164-91004 and dated June 1970, which shows the boundaries
of the park having a total of approximately three hundred and
thirty-seven thousand two hundred and fifty-eight acres. The map is
on file and available for public inspection in the offices of the
National Park Service, Department of the Interior.
-SOURCE-
(Pub. L. 88-590, Sec. 1, Sept. 12, 1964, 78 Stat. 934; Pub. L.
92-154, Sec. 1(a), Nov. 12, 1971, 85 Stat. 421.)
-MISC1-
AMENDMENTS
1971 - Pub. L. 92-154 substituted provision respecting revision
of boundaries of the park and referring to Boundary Map on file and
available for public inspection for depiction of the park area on
the drawing, for prior specific detailed description of the area.
-End-
-CITE-
16 USC Sec. 271a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 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
-STATUTE-
Within the area which lies within the boundaries of the park, the
Secretary of the Interior is authorized to acquire lands and
interests in lands by such means as he may deem to be in the public
interest. The Secretary may accept title to any non-Federal
property within the park, including State-owned school sections and
riverbed lands, and in exchange therefor he may convey to the
grantor of such property any federally owned property under his
jurisdiction within the State of Utah, notwithstanding any other
provision of law. The properties so exchanged shall be of the same
classification, as near as may be, and shall be of approximately
equal value, and the Secretary shall take administrative action to
complete transfer on any lands in a proper application by the State
of Utah on or before the expiration of one hundred twenty days
following the date of enactment of this Act [September 12, 1964] or
any amendment thereto: Provided, That the Secretary may accept cash
from, or pay cash to, the grantor in such an exchange in order to
equalize the values of the properties exchanged. Federal property
located within the boundaries of the park may, with the concurrence
of the agency having custody thereof, be transferred to the
administrative jurisdiction of the Secretary of the Interior,
without consideration, for use by him in carrying out the purposes
of this subchapter. Any lands within the boundaries of the park
which are subject to Bureau of Reclamation or Federal Power
Commission withdrawals are hereby freed and exonerated from any
such withdrawal and shall, on September 12, 1964, become a part of
the Canyonlands National Park subject to no qualifications except
those imposed by this subchapter or any amendment thereto.
-SOURCE-
(Pub. L. 88-590, Sec. 2, Sept. 12, 1964, 78 Stat. 937; Pub. L.
92-154, Sec. 1(b), Nov. 12, 1971, 85 Stat. 421.)
-REFTEXT-
REFERENCES IN TEXT
Date of enactment of this Act or any amendment thereto, referred
to in text, means Sept. 12, 1964, date of enactment of Pub. L.
88-590, originally classified to sections 271 to 271d of this
title, and Nov. 12, 1971, date of enactment of Pub. L. 92-154,
amendatory of Pub. L. 88-590 and classified to sections 271 to
271b, 271e to 271g of this title.
-MISC1-
AMENDMENTS
1971 - Pub. L. 92-154 struck out "described in section 271 of
this title" after "Within the area", inserted in third sentence "or
any amendment thereto" after "the date of enactment of this Act",
and inserted in fifth sentence "or any amendment thereto" after
"this subchapter".
-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. 271b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271b. Grazing privileges; right of occupancy or use for fixed
term of years; renewal
-STATUTE-
Where any Federal lands included within the Canyonlands National
Park are legally occupied or utilized on the date of approval of
this Act or any amendment thereto for grazing purposes, pursuant to
a lease, permit, or license for a fixed term of years issued or
authorized by any department, establishment, or agency of the
United States, the Secretary of the Interior shall permit the
persons holding such grazing privileges to continue in the exercise
thereof during the term of the lease, permit, or license, and one
period of renewal thereafter.
-SOURCE-
(Pub. L. 88-590, Sec. 3, Sept. 12, 1964, 78 Stat. 938; Pub. L.
92-154, Sec. 1(c), Nov. 12, 1971, 85 Stat. 421.)
-REFTEXT-
REFERENCES IN TEXT
Date of approval of this Act or any amendment thereto, referred
to in text, means Sept. 12, 1964, date of enactment of Pub. L.
88-590, originally classified to sections 271 to 271d of this
title, and Nov. 12, 1971, date of approval of Pub. L. 92-154,
amendatory of Pub. L. 88-590 and classified to sections 271 to
271b, 271e to 271g of this title.
-MISC1-
AMENDMENTS
1971 - Pub. L. 92-154 inserted "or any amendment thereto" after
"date of approval of this Act".
-End-
-CITE-
16 USC Sec. 271c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271c. Access roads
-STATUTE-
(a) Entrance roads and connections; administrative headquarters
sites
In order to provide suitable access to the Canyonlands National
Park and facilities and services required in the operation and
administration of the park, the Secretary may select the location
or locations of an entrance road or roads to such park and to
points of interest therein from United States Route 160 and State
Routes 24 and 95, including necessary entrance and related
administrative headquarters sites upon lands located outside the
park, and he may select a suitable location or locations outside
the park for connections between entrance roads and between roads
lying within the Canyonlands National Park.
(b) Acquisition of lands; authority of Secretary; rights-of-way
acreage limitation; administration
To carry out the purposes of this section, the Secretary may
acquire non-Federal lands or interests in lands by donation,
purchase, condemnation, exchange, or such other means as he may
deem to be in the public interest: Provided, That lands and
interests in lands acquired outside the park as rights-of-way for
said entrance roads and connections shall not exceed an average of
one hundred twenty-five acres per mile. Rights-of-way and entrance
and administrative sites acquired pursuant to this authority shall
be administered pursuant to such special regulations as the
Secretary may promulgate in furtherance of the purposes of this
section.
(c) Parkway standards for entrance roads and connections; approval
of Secretary of Agriculture for construction of roads crossing
national forest land
The Secretary may construct, reconstruct, improve, and maintain
upon the lands or interests in lands acquired pursuant to this
section, or otherwise in Government ownership, an entrance road or
roads and connections of parkway standards, including necessary
bridges and other structures and utilities as necessary, and funds
appropriated for the National Park Service shall be available for
these purposes: Provided, That if any portion of such road or roads
crosses national forest land the Secretary shall obtain the
approval of the Secretary of Agriculture before construction of
such portion shall begin.
(d) Forest road; cooperation of Secretary of the Interior with
Secretary of Agriculture; extension
The Secretary is hereby authorized to cooperate with the
Secretary of Agriculture in the location and extension of a forest
development road from State Route 95 and may extend the same from
the national forest boundary to the park and points of interest
therein in accordance with the applicable provisions of this
section.
-SOURCE-
(Pub. L. 88-590, Sec. 4, Sept. 12, 1964, 78 Stat. 938.)
-End-
-CITE-
16 USC Sec. 271d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271d. Administration, protection, and development
-STATUTE-
Subject to the provisions of this subchapter, the administration,
protection, and development of the Canyonlands National Park, as
established pursuant to this subchapter, shall be exercised by the
Secretary of the Interior in accordance with the provisions of
sections 1, 2, 3, and 4 of this title, as amended and supplemented.
-SOURCE-
(Pub. L. 88-590, Sec. 5, Sept. 12, 1964, 78 Stat. 939.)
-End-
-CITE-
16 USC Sec. 271e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271e. Report to President
-STATUTE-
Within three years from November 12, 1971, the Secretary of the
Interior shall report to the President, in accordance with section
1132(c) and (d) of this title, his recommendations as to the
suitability or nonsuitability of any area within the national park
for preservation as wilderness, and any designation of any such
area as a wilderness shall be accomplished in accordance with said
section 1132(c) and (d) of this title.
-SOURCE-
(Pub. L. 88-590, Sec. 6, as added Pub. L. 92-154, Sec. 1(d), Nov.
12, 1971, 85 Stat. 421.)
-End-
-CITE-
16 USC Sec. 271f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271f. Omitted
-COD-
CODIFICATION
Section, Pub. L. 88-590, Sec. 7, as added Pub. L. 92-154, Sec.
1(d), Nov. 12, 1971, 85 Stat. 421, authorized the Secretary to
conduct a study of proposed road alinements within and adjacent to
the park and to submit a report on the findings and conclusions of
the study to the Congress within two years of Nov. 12, 1971.
-End-
-CITE-
16 USC Sec. 271g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXIX - CANYONLANDS NATIONAL PARK
-HEAD-
Sec. 271g. 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, not to
exceed, however, $104,500 for the acquisition of lands and not to
exceed $5,102,000 (April 1970 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 indexes applicable to the types of construction
involved herein. The sums authorized in this section shall be
available for acquisition and development in the areas added by
this subchapter.
-SOURCE-
(Pub. L. 88-590, Sec. 8, as added Pub. L. 92-154, Sec. 1(d), Nov.
12, 1971, 85 Stat. 421; amended Pub. L. 94-578, title I, Sec.
101(12), Oct. 21, 1976, 90 Stat. 2732.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "$104,500" for "$16,000".
-End-
-CITE-
16 USC SUBCHAPTER XXX - ARCHES NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-End-
-CITE-
16 USC Sec. 272 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272. Establishment of park
-STATUTE-
(a) In general
(1) Initial boundaries
Subject to valid existing rights, the lands, waters, and
interests therein within the boundary generally depicted on the
map entitled "Boundary Map, Proposed Arches National Park, Utah,"
numbered RPSSC-138-20, 001E and dated September 1969, are hereby
established as the Arches National Park (hereinafter referred to
as the "park").
(2) Expanded boundaries
Effective on October 30, 1998, the boundary of the park shall
include the area consisting of approximately 3,140 acres and
known as the "Lost Spring Canyon Addition", as depicted on the
map entitled "Boundary Map, Arches National Park, Lost Spring
Canyon Addition", numbered 138/60,000-B, and dated April 1997.
(3) Maps
The maps described in paragraphs (1) and (2) shall be on file
and available for public inspection in the offices of the
National Park Service, Department of the Interior.
(b) Abolition of Arches National Monument; funds of monument
available for park; administration of lands excluded from
monument
The Arches National Monument is hereby abolished, and any funds
available for purposes of the monument shall be available for
purposes of the park. Federal lands, waters, and interests therein
excluded from the monument by this subchapter shall be administered
by the Secretary of the Interior (hereinafter referred to as the
"Secretary") in accordance with the laws applicable to the public
lands of the United States.
-SOURCE-
(Pub. L. 92-155, Sec. 1, Nov. 12, 1971, 85 Stat. 422; Pub. L.
105-329, Sec. 2(a), Oct. 30, 1998, 112 Stat. 3060.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-329 inserted section designation and catchline
and in subsec. (a) inserted subsec. heading, inserted par. (1)
designation and heading before first sentence, added par. (2),
inserted par. (3) designation and heading before second sentence
and substituted "The maps described in paragraphs (1) and (2)" for
"Such map".
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-329, Sec. 1, Oct. 30, 1998, 112 Stat. 3060, provided
that: "This Act [enacting section 272g of this title, amending this
section and sections 272a, 272b, and 272d of this title, and
enacting provisions set out as a note under section 272g of this
title] may be cited as the 'Arches National Park Expansion Act of
1998'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 272a of this title.
-End-
-CITE-
16 USC Sec. 272a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272a. Acquisition of property
-STATUTE-
(a) In general
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer from any Federal agency,
exchange or otherwise, the lands and interests in lands described
in section 272 of this title, except that lands or interests
therein owned by the State of Utah, or any political subdivision
thereof, may be acquired only with the approval of such State or
political subdivision.
(b) Lost Spring Canyon Addition
As soon as practicable after October 30, 1998, the Secretary
shall transfer jurisdiction over the Federal land contained in the
Lost Spring Canyon Addition from the Bureau of Land Management to
the National Park Service.
-SOURCE-
(Pub. L. 92-155, Sec. 2, Nov. 12, 1971, 85 Stat. 422; Pub. L.
105-329, Sec. 2(b), Oct. 30, 1998, 112 Stat. 3060.)
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-329 inserted section catchline and subsec. (a)
designation and heading and added subsec. (b).
-End-
-CITE-
16 USC Sec. 272b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272b. Livestock grazing
-STATUTE-
(a) In general
In a case in which any Federal lands included within the park are
legally occupied or utilized on November 12, 1971, for grazing
purposes, pursuant to a lease, permit, or license for a fixed term
of years issued or authorized by any department, establishment, or
agency of the United States, the Secretary of the Interior shall
permit the persons holding such grazing privileges or their heirs
to continue in the exercise thereof during the term of the lease,
permit, or license, and one period of renewal thereafter.
(b) Lost Spring Canyon Addition
(1) Continuation of grazing leases, permits, and licenses
In the case of any grazing lease, permit, or license with
respect to land in the Lost Spring Canyon Addition that was
issued before October 30, 1998, the Secretary shall, subject to
periodic renewal, continue the grazing lease, permit, or license
for a period equal to the lifetime of the holder of the grazing
lease, permit, or license as of October 30, 1998, plus the
lifetime of any direct descendants of the holder born before
October 30, 1998.
(2) Retirement
A grazing lease, permit, or license described in paragraph (1)
shall be permanently retired at the end of the period described
in paragraph (1).
(3) Periodic renewal
Until the expiration of the period described in paragraph (1),
the holder (or descendant of the holder) of a grazing lease,
permit, or license shall be entitled to renew the lease, permit,
or license periodically, subject to such limitations, conditions,
or regulations as the Secretary may prescribe.
(4) Sale
A grazing lease, permit, or license described in paragraph (1)
may be sold during the period described in paragraph (1) only on
the condition that the purchaser shall, immediately upon
acquisition, permanently retire the lease, permit, or license.
(5) Taylor Grazing Act
Nothing in this subsection affects other provisions concerning
leases, permits, or licenses under the Act of June 28, 1934
(commonly known as the "Taylor Grazing Act") (48 Stat. 1269,
chapter 865; 43 U.S.C. 315 et seq.).
(6) Administration
Any portion of a grazing lease, permit, or license with respect
to land in the Lost Spring Canyon Addition shall be administered
by the National Park Service.
-SOURCE-
(Pub. L. 92-155, Sec. 3, Nov. 12, 1971, 85 Stat. 422; Pub. L.
105-329, Sec. 2(c), Oct. 30, 1998, 112 Stat. 3060.)
-REFTEXT-
REFERENCES IN TEXT
The Taylor Grazing Act, referred to in subsec. (b)(5), is act
June 28, 1934, ch. 865, 48 Stat. 1269, as amended, which is
classified principally to subchapter I (Sec. 315 et seq.) of
chapter 8A of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title note set out under section
315 of Title 43 and Tables.
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-329 inserted section catchline and subsec. (a)
designation and heading and added subsec. (b).
-End-
-CITE-
16 USC Sec. 272c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272c. Livestock trails, watering rights; driveway designation
and regulation
-STATUTE-
Nothing in this subchapter shall be construed as affecting in any
way any rights of owners and operators of cattle and sheep herds,
existing on the date immediately prior to November 12, 1971, to
trail their herds on traditional courses used by them prior to
November 12, 1971, and to water their stock, notwithstanding the
fact that the lands involving such trails and watering are situated
within the park: Provided, That the Secretary may designate
driveways and promulgate reasonable regulations providing for the
use of such driveways.
-SOURCE-
(Pub. L. 92-155, Sec. 4, Nov. 12, 1971, 85 Stat. 422.)
-End-
-CITE-
16 USC Sec. 272d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272d. Administration, protection, and development; report to
President
-STATUTE-
(a) In general
The Secretary shall administer, protect and develop the park in
accordance with the provisions of the law generally applicable to
units of the National Park System, including sections 1, 2, 3, and
4 of this title.
(b) Lost Spring Canyon Addition
(1) Withdrawal
Subject to valid existing rights, all Federal land in the Lost
Spring Canyon Addition is appropriated and withdrawn from entry,
location, selection, leasing, or other disposition under the
public land laws (including the mineral leasing laws).
(2) Effect
The inclusion of the Lost Spring Canyon Addition in the park
shall not affect the operation or maintenance by the Northwest
Pipeline Corporation (or its successors or assigns) of the
natural gas pipeline and related facilities located in the Lost
Spring Canyon Addition on October 30, 1998.
-SOURCE-
(Pub. L. 92-155, Sec. 5, Nov. 12, 1971, 85 Stat. 422; Pub. L.
105-329, Sec. 2(d), Oct. 30, 1998, 112 Stat. 3061.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (b)(1), are
classified generally to Title 43, Public Lands.
The mineral leasing laws, referred to in subsec. (b)(1), are
classified generally to Title 30, Mineral Lands and Mining.
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-329, Sec. 2(d)(1), inserted
heading and amended text generally. Prior to amendment, text read
as follows: "The National Park Service, under the direction of the
Secretary, shall administer, protect, and develop the park, subject
to the provisions of sections 1, 2, 3, and 4 of this title."
Subsec. (b). Pub. L. 105-329, Sec. 2(d)(2), inserted heading and
amended text generally. Prior to amendment, text read as follows:
"Within three years from November 12, 1971, the Secretary of the
Interior shall report to the President, in accordance with
subsections 3(c) and 3(d) of the Wilderness Act, his
recommendations as the suitability or nonsuitability of any area
within the park for preservation as wilderness, and any designation
of any such area as a wilderness shall be in accordance with said
Wilderness Act."
-End-
-CITE-
16 USC Sec. 272e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272e. Omitted
-COD-
CODIFICATION
Section, Pub. L. 92-155, Sec. 6, Nov. 12, 1971, 85 Stat. 423,
authorized the Secretary to conduct a study of proposed road
alinements within and adjacent to the park and to submit a report
on the findings and conclusions of the study to the Congress within
two years of Nov. 12, 1971.
-End-
-CITE-
16 USC Sec. 272f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXX - ARCHES NATIONAL PARK
-HEAD-
Sec. 272f. 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, not to
exceed, however, $275,000 for the acquisition of lands and
interests in lands and not to exceed $1,031,800 (April 1970 prices) (continued)