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(continued)
shall be on file and available for public inspection in the offices
of the National Park Service, Department of the Interior. The
Secretary of the Interior may acquire the property included by this
section by donation only.
-SOURCE-
(Pub. L. 94-578, title III, Sec. 318, Oct. 21, 1976, 90 Stat.
2738.)
-End-
-CITE-
16 USC Sec. 346a-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVIII - ZION NATIONAL PARK
-HEAD-
Sec. 346a-5. Zion National Park boundary adjustment
-STATUTE-
(a) Acquisition and boundary change
The Secretary of the Interior is authorized to acquire by
exchange approximately 5.48 acres located in the SW 1/4 of Section
28, Township 41 South, Range 10 West, Salt Lake Base and Meridian.
In exchange therefor the Secretary is authorized to convey all
right, title, and interest of the United States in and to
approximately 5.51 acres in Lot 2 of Section 5, Township 41 South,
Range 11 West, both parcels of land being in Washington County,
Utah. Upon completion of such exchange, the Secretary is authorized
to revise the boundary of Zion National Park to add the 5.48 acres
in section 28 to the park and to exclude the 5.51 acres in section
5 from the park. Land added to the park shall be administered as
part of the park in accordance with the laws and regulations
applicable thereto.
(b) Expiration
The authority granted by this section shall expire 2 years after
November 12, 1996.
-SOURCE-
(Pub. L. 104-333, div. I, title II, Sec. 202, Nov. 12, 1996, 110
Stat. 4105.)
-End-
-CITE-
16 USC Sec. 346b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVIII - ZION NATIONAL PARK
-HEAD-
Sec. 346b. Consolidation of Zion National Park and Zion National
Monument
-STATUTE-
For the purpose of combining Zion National Park and Zion National
Monument, Utah, in a single National park unit, in the interest of
efficient administration and to preserve adequately the features
thereof, Zion National Park on and after July 11, 1956, shall
comprise the present area of the National Park and the present area
of the Zion National Monument: Provided, That the enactment of
sections 346b to 346d of this title shall not affect adversely any
valid rights or privileges heretofore existing within the areas
hereby established as the Zion National Park.
-SOURCE-
(July 11, 1956, ch. 568, Sec. 1, 70 Stat. 527.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 346d of this title.
-End-
-CITE-
16 USC Sec. 346c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVIII - ZION NATIONAL PARK
-HEAD-
Sec. 346c. Administration
-STATUTE-
The Secretary of the Interior is authorized to administer Zion
National Park as hereby established in accordance with his
authority over the park heretofore granted by the Congress and in
accordance with the general laws governing areas of the national
park system.
-SOURCE-
(July 11, 1956, ch. 568, Sec. 2, 70 Stat. 527.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 346b, 346d of this title.
-End-
-CITE-
16 USC Sec. 346d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVIII - ZION NATIONAL PARK
-HEAD-
Sec. 346d. Use of funds
-STATUTE-
All funds heretofore made available for purposes of Zion National
Park and Zion National Monument may be used for purposes of Zion
National Park as established by sections 346b to 346d of this
title.
-SOURCE-
(July 11, 1956, ch. 568, Sec. 3, 70 Stat. 527.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 346b of this title.
-End-
-CITE-
16 USC Sec. 346e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVIII - ZION NATIONAL PARK
-HEAD-
Sec. 346e. Authorization for park facilities to be located outside
boundaries of Zion National Park
-STATUTE-
In order to facilitate the administration of Zion National Park,
the Secretary of the Interior is authorized, under such terms and
conditions as he may deem advisable, to expend donated or
appropriated funds for the establishment of essential facilities
for park administration and visitor use outside the boundaries, but
within the vicinity, of the park. Such facilities and the use
thereof shall be in conformity with approved plans for the park.
The Secretary shall use existing facilities wherever feasible. Such
facilities may only be constructed by the Secretary upon a finding
that the location of such facilities would -
(1) avoid undue degradation of natural or cultural resources
within the park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Government.
The Secretary is authorized to enter into cooperative agreements
with State or local governments or private entities to undertake
the authority granted under this section. The Secretary is
encouraged to identify and utilize funding sources to supplement
any Federal funding used for these facilities.
-SOURCE-
(Pub. L. 104-333, div. I, title VIII, Sec. 814(c), Nov. 12, 1996,
110 Stat. 4195.)
-End-
-CITE-
16 USC SUBCHAPTER XXXIX - DENALI NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-End-
-CITE-
16 USC Sec. 347 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 347. Establishment; boundaries
-STATUTE-
The tract of land in the Territory of Alaska particularly
described by and included within the metes and bounds, to wit:
Beginning at a point as shown on Plate III, reconnaissance map of
the Mount McKinley region, Alaska, prepared in the United States
Geological Survey, edition of 1911, said point being at the summit
of a hill between two forks of the headwaters of the Toklat River,
approximate latitude sixty-three degrees forty-seven minutes,
longitude one hundred and fifty degrees twenty minutes; thence
south six degrees twenty minutes west nineteen miles; thence south
sixty-eight degrees west sixty miles; thence in a southeasterly
direction approximately twenty-eight miles to the summit of Mount
Russell; thence in a northeasterly direction approximately
eighty-nine miles to a point twenty-five miles due south of a point
due east of the point of beginning; thence due north twenty-five
miles to said point; thence due west twenty-eight and one-half
miles to the point of beginning, is reserved and withdrawn from
settlement, occupancy, or disposal under the laws of the United
States, and said tract is dedicated and set apart as a public park
for the benefit and enjoyment of the people, under the name of the
Denali National Park. In addition to the above-described tract, all
those lands lying between the south, east, and north boundaries
above described and the following described boundary are made a
part of and included in the Denali National Park for all purposes,
to wit: Beginning at the summit of Mount Russell, which is the
present southwest corner of the park; thence in a northeasterly
direction one hundred miles, more or less, to a point on the one
hundred and forty-ninth meridian, which is twenty-five miles south
of a point due east of the upper northwest corner of the park;
thence north along the one hundred and forty-ninth meridian
twenty-five miles; thence west forty miles, more or less, to the
upper northwest corner of Denali National Park as existing prior to
January 30, 1922.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 1, 39 Stat. 938; Jan. 30, 1922, ch.
39, 42 Stat. 359; Pub. L. 96-487, title II, Sec. 202(3)(a), Dec. 2,
1980, 94 Stat. 2382; Pub. L. 102-154, title I, Nov. 13, 1991, 105
Stat. 1000.)
-COD-
CODIFICATION
The first sentence of this section was from section 1 of act Feb.
26, 1917, and the second sentence, comprising the remainder of the
section, from act Jan. 30, 1922.
As originally enacted the second sentence of this section,
extending the boundaries of the park, provided as follows "That the
south, east, and north boundaries of the Mount McKinley National
Park are hereby changed as follows: Beginning at the summit of
Mount Russell, which is the present southwest corner of the park;
thence in a northeasterly direction one hundred miles, more or
less, to a point on the one hundred and forty-ninth meridian which
is twenty-five miles south of a point due east of the upper
northwest corner of the park; thence north along the one hundred
and forty-ninth meridian twenty-five miles; thence west forty
miles, more or less, to the present upper northwest corner of Mount
McKinley National Park. And all these lands lying between the
above-described boundary and the present south, east, and north
boundaries are hereby reserved and withdrawn from settlement,
occupancy, or disposal, and under the laws of the United States
said lands are hereby made a part of and included in the Mount
McKinley National Park; and all the provisions of the Act to
establish Mount McKinley National Park, Alaska, and for other
purposes, approved February 26, 1917, are hereby made applicable to
and extended over lands hereby added to the park."
-CHANGE-
CHANGE OF NAME
"United States Geological Survey" substituted in text for
"Geological Survey" pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of Title 43, Public
Lands.
"Denali National Park" substituted in text for "Mount McKinley
National Park" pursuant to Pub. L. 96-487, Sec. 202(3)(a), which is
classified to section 410hh-1(3)(a) of this title and which added
lands to the park, established additional land as the Denali
National Preserve, and redesignated the whole as the Denali
National Park and Preserve.
-MISC1-
FEASIBILITY STUDY FOR NORTHERN ACCESS ROUTE INTO DENALI NATIONAL
PARK AND PRESERVE
Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321-156, 1321-164; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part that:
"The National Park Service shall, within existing funds, conduct
a Feasibility Study for a northern access route into Denali
National Park and Preserve in Alaska, to be completed within one
year of the enactment of this Act [Apr. 26, 1996] and submitted to
the House and Senate Committees on Appropriations and to the Senate
Committee on Energy and Natural Resources and the House Committee
on Resources. The Feasibility Study shall ensure that resource
impacts from any plan to create such access route are evaluated
with accurate information and according to a process that takes
into consideration park values, visitor needs, a full range of
alternatives, the viewpoints of all interested parties, including
the tourism industry and the State of Alaska, and potential needs
for compliance with the National Environmental Policy Act [of 1969]
[42 U.S.C. 4321 et seq.]. The Study shall also address the time
required for development of alternatives and identify all
associated costs.
"This Feasibility Study shall be conducted solely by the National
Park Service planning personnel permanently assigned to National
Park Service offices located in the State of Alaska in consultation
with the State of Alaska Department of Transportation."
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.
c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,
1958, 72 Stat. 339, set out as notes preceding section 21 of Title
48, Territories and Insular Possessions.
-End-
-CITE-
16 USC Sec. 348 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 348. Entries under land laws not affected
-STATUTE-
Nothing herein contained shall affect any valid existing claim,
location, or entry under the land laws of the United States, prior
to February 26, 1917, whether for homestead, mineral, right of way,
or any other purpose whatsoever, or shall affect the rights of any
such claimant, locator, or entryman to the full use and enjoyment
of his land.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 2, 39 Stat. 938.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, is act Feb. 26, 1917, which is
classified to sections 347 to 350, 351 to 353, and 354 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.
-End-
-CITE-
16 USC Sec. 349 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 349. Rights-of-way
-STATUTE-
Whenever consistent with the primary purposes of Denali National
Park, section 79 of this title shall be applicable to the lands
included within the park.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 3, 39 Stat. 938; Pub. L. 96-487,
title II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)
-REFTEXT-
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.
For further details, see Codification note set out under section 79
of this title.
-CHANGE-
CHANGE OF NAME
"Denali National Park" substituted in text for "Mount McKinley
National Park" pursuant to Pub. L. 96-487, Sec. 202(3)(a), which is
classified to section 410hh-1(3)(a) of this title and which added
lands to the park, established additional land as the Denali
National Preserve, and redesignated the whole as the Denali
National Park and Preserve.
-End-
-CITE-
16 USC Sec. 350 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 350. Repealed. Pub. L. 94-429, Sec. 3(b), Sept. 28, 1976, 90
Stat. 1342
-MISC1-
Section, act Feb. 26, 1917, ch. 121, Sec. 4, 39 Stat. 938,
provided that nothing in sections 347 to 349, 351 to 353, and 354
of this title was to affect the mineral land laws applicable to
lands in the park prior to Feb. 26, 1917.
MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976
Section 3 of Pub. L. 94-429 provided in part that this section
was repealed in order to close area to entry and location under the
Mining Law of 1872, subject to valid existing rights.
-End-
-CITE-
16 USC Sec. 350a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 350a. Repealed. Pub. L. 94-429, Sec. 3(c), Sept. 28, 1976, 90
Stat. 1342
-MISC1-
Section, act Jan. 26, 1931, ch. 47, Sec. 2, 46 Stat. 1043,
provided that the Secretary of the Interior had the authority to
prescribe regulations for the surface use of any mineral land
locations within the boundaries of the park.
MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976
Section 3 of Pub. L. 94-429 provided in part that this section
was repealed in order to close area to entry and location under the
Mining Law of 1872, subject to valid existing rights.
-End-
-CITE-
16 USC Sec. 351 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 351. Control; rules and regulations
-STATUTE-
Denali National Park shall be under the executive control of the
Secretary of the Interior, and it shall be the duty of the said
executive authority, as soon as practicable, to make and publish
such rules and regulations not inconsistent with the laws of the
United States as the said authority may deem necessary or proper
for the care, protection, management, and improvement of the same,
the said regulations being primarily aimed at the freest use of the
said park for recreation purposes by the public and for the
preservation of animals, birds, and fish and for the preservation
of the natural curiosities and scenic beauties thereof.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 5, 39 Stat. 938; Pub. L. 96-487,
title II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)
-CHANGE-
CHANGE OF NAME
"Denali National Park" substituted in text for "Mount McKinley
National Park" pursuant to Pub. L. 96-487, Sec. 202(3)(a), which is
classified to section 410hh-1(3)(a) of this title and which added
lands to the park, established additional land as the Denali
National Preserve, and redesignated the whole as the Denali
National Park and Preserve.
-End-
-CITE-
16 USC Sec. 352 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 352. Game refuge; killing game
-STATUTE-
The said park is established as a game refuge, and no person
shall kill any game in said park except under an order from the
Secretary of the Interior for the protection of persons or to
protect or prevent the extermination of other animals or birds.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 6, 39 Stat. 939; May 21, 1928, ch.
654, Sec. 2, 45 Stat. 622.)
-MISC1-
AMENDMENTS
1928 - Act May 21, 1928, struck out provision that prospectors
and miners could kill game or birds needed for actual necessities
when short of food.
-End-
-CITE-
16 USC Sec. 353 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 353. Leases
-STATUTE-
The Secretary of the Interior may, in his discretion, execute
leases to parcels of ground not exceeding twenty acres in extent
for periods not to exceed twenty years whenever such ground is
necessary for the erection of establishments for the accommodation
of visitors; may grant such other necessary privileges and
concessions as he deems wise for the accommodation of visitors; and
may likewise arrange for the removal of such mature or dead or down
timber as he may deem necessary and advisable for the protection
and improvement of the park.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 7, 39 Stat. 939; May 21, 1928, ch.
654, Sec. 1, 45 Stat. 622.)
-MISC1-
AMENDMENTS
1928 - Act May 21, 1928, repealed provision that no appropriation
for the maintenance of the park in excess of $10,000 annually
should be made unless expressly authorized by law.
-End-
-CITE-
16 USC Sec. 353a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 353a. Repealed. Pub. L. 97-468, title VI, Sec. 615(a)(1), Jan.
14, 1983, 96 Stat. 2577
-MISC1-
Section, act Mar. 12, 1914, ch. 37, Sec. 1, as added Mar. 29,
1940, ch. 74, 54 Stat. 80; Dec. 2, 1980, Pub. L. 96-487, title II,
Sec. 202(3)(a), 94 Stat. 2382, authorized appropriation of not to
exceed $30,000 for construction and operation of facilities for
visitors and residents to Denali National Park in Alaska.
EFFECTIVE DATE OF REPEAL
Repeal effective on date of transfer of Alaska Railroad to the
State [Jan. 5, 1985], pursuant to section 1203 of Title 45,
Railroads, see section 615(a) of Pub. L. 97-468.
-End-
-CITE-
16 USC Sec. 354 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 354. Offenses; punishment
-STATUTE-
Any person found guilty of violating any of the provisions of
this subchapter shall be deemed guilty of a misdemeanor, and shall
be subjected to a fine of not more than $500 or imprisonment not
exceeding six months, or both, and be adjudged to pay all costs of
the proceedings.
-SOURCE-
(Feb. 26, 1917, ch. 121, Sec. 8, 39 Stat. 939.)
-End-
-CITE-
16 USC Sec. 355 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 355. Change of boundaries
-STATUTE-
The boundary of the Denali National Park is changed so as to read
as follows:
Beginning at the summit of a hill between the Toklat River and
the Clearwater Fork of that river at an approximate latitude of
sixty-three degrees forty-seven minutes forty-five seconds,
longitude one hundred and fifty degrees seventeen minutes forty
seconds, which is intended to be same point of beginning of the
boundary description as contained in section 347 of this title;
thence southerly along the summit of the ridge between Toklat River
and the Clearwater Fork of said river and across Stony Creek at its
confluence with the said Clearwater Fork to the summit of the ridge
between Stony Creek and the Clearwater Fork of the Toklat River,
thence following the summit of said ridge and the summit of the
ridge between the tributaries of said Clearwater Fork, the
headwaters of the North Fork of Moose Creek and Boundary Creek to
the intersection with the present boundary of Denali National Park
at approximate latitude of sixty-three degrees thirty-two minutes
forty-five seconds, longitude one hundred and fifty degrees
twenty-four minutes forty-five seconds; thence southwesterly
fourteen and three-tenths miles, more or less, to a point one-half
mile north of Wonder Lake on the stream flowing out of Wonder Lake
into Moose Creek; thence south sixty-eight degrees west forty-three
and five-tenths miles, more or less, to the point of intersection
with the southwest boundary extended; thence southeasterly
thirty-three miles, more or less, to the summit of Mount Russell;
thence in a northeasterly direction following the present south
boundary approximately eighty-eight miles to Windy Creek at
approximate latitude sixty-three degrees twenty-five minutes
forty-five seconds, longitude one hundred and forty-nine degrees
one minute thirty-five seconds; thence easterly following the north
bank of Windy Creek to the western boundary of The Alaska Railroad
right-of-way; thence northerly following the west boundary of The
Alaska Railroad right-of-way to a point due east of the present
north boundary of the park as extended due east; thence due west
following the present north boundary of the park to the summit of
the ridge between Toklat River and the Clearwater Fork of said
river; thence southerly following the summit of said ridge to the
place of beginning: Provided, however, That such isolated tracts of
land lying east of The Alaska Railroad right-of-way and the west
bank of the Nenana River between the north bank of Windy Creek and
the north park boundary as extended eastward are also included in
said park: Provided further, 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 purpose whatsoever, or shall affect the
rights of any such claimant, locator, or entryman to the full use
and enjoyment of his land.
-SOURCE-
(Mar. 19, 1932, ch. 88, Sec. 1, 47 Stat. 68; Pub. L. 96-487, title
II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)
-REFTEXT-
REFERENCES IN TEXT
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
-COD-
CODIFICATION
Section was not enacted as part of act Feb. 26, 1917, ch. 121, 39
Stat. 938, which comprises this subchapter.
-CHANGE-
CHANGE OF NAME
"Denali National Park" substituted in text for "Mount McKinley
National Park" pursuant to Pub. L. 96-487, Sec. 202(3)(a), which is
classified to section 410hh-1(3)(a) of this title and which added
lands to the park, established additional land as the Denali
National Preserve, and redesignated the whole as the Denali
National Park and Preserve.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 355a of this title.
-End-
-CITE-
16 USC Sec. 355a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIX - DENALI NATIONAL PARK
-HEAD-
Sec. 355a. Laws applicable to added lands
-STATUTE-
The provisions of sections 1, 2, 3, and 4 of this title and this
subchapter, together with all Acts supplementary to and amendatory
of said sections and subchapter are made applicable to and extended
over the lands added to the park by section 355 of this title.
-SOURCE-
(Mar. 19, 1932, ch. 88, Sec. 2, 47 Stat. 69.)
-COD-
CODIFICATION
Section was not enacted as part of act Feb. 26, 1917, ch. 121, 39
Stat. 938, which comprises this subchapter.
-End-
-CITE-
16 USC SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-CHANGE-
CHANGE OF NAME
"Hot Springs Reservation" changed to "Hot Springs National Park"
by act Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1407.
-End-
-CITE-
16 USC Sec. 361 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361. Establishment; supply of water; free baths for indigent;
dedication to United States
-STATUTE-
The Secretary of the Interior is authorized to grant to hotels
having bathhouses attached, and to bathhouses situated in the Hot
Springs National Park, as well as in the city of Hot Springs,
Arkansas, the right to install, maintain, and use, either in said
bathhouses or in connection with the rooms of said hotels or the
bathhouses attached to said hotels, as many bathtubs as in his
discretion he may deem proper and necessary for the public service
and the amount of hot water will justify. The superintendent shall
provide and maintain a sufficient number of free baths for the use
of the indigent. All titles given or to be given by the United
States shall explicitly exclude the right to the purchaser of the
land, his heirs or assigns, from ever boring thereon for hot water;
and the Hot Springs, with the National Park and mountain are
dedicated to the United States, and shall remain forever free from
sale or alienation.
-SOURCE-
(Dec. 16, 1878, ch. 5, 20 Stat. 258; June 16, 1880, ch. 246, Sec.
3, 21 Stat. 289; Apr. 12, 1904, ch. 1249, 33 Stat. 173; May 23,
1906, ch. 2552, 34 Stat. 198, 199; Apr. 30, 1908, ch. 154, 35 Stat.
98; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1407.)
-COD-
CODIFICATION
Act Apr. 12, 1904 amended act Dec. 16, 1878, by striking out a
proviso thereof and inserting in lieu thereof a proviso which is
the source of the first sentence of this section. The proviso
stricken out limited the supply of water to hotels or bathhouses to
not more than enough for 40 bath tubs of the usual size to a single
establishment.
A portion of act Dec. 16, 1878, made an appropriation for the
expenses of the Hot Springs Commission, and provided for the
appointment of a Board of Commissioners, conferring upon them the
powers of the Commissioners appointed under act Mar. 3, 1877, ch.
108, 19 Stat. 377, to lay out, etc., the Hot Springs Reservation,
and revived and continued in force said act Mar. 3, 1877 to enable
the Commissioners to perform the acts and duties authorized by it.
These and other earlier provisions relating to the establishment
and management of the reservation were temporary and have been
executed.
Provisions of act Dec. 16, 1878, relating to leases of ground,
bathhouses, etc., were omitted as temporary in nature and
superseded by sections 362 to 368 of this title.
There have also been omitted as temporary and executed a
provision of act Dec. 16, 1878 for the expenses of the free baths
maintained for the indigent and a provision for the disposition of
fractions of lots made by straightening, widening, or laying out
streets.
The boundaries of the Hot Springs National Park have been
affected by act June 25, 1930, ch. 607, 46 Stat. 1915, which
provided as follows: "That the Secretary of the Interior be, and is
hereby, authorized in his discretion to convey to the P. F.
Connelly Paving Company, of Little Rock, Arkansas, by the issuance
of patent or other appropriate instrument of conveyance, and at an
appraised value to be approved by said Secretary, that certain
tract of land located within the Hot Springs National Park, Garland
County, Arkansas, described as follows: Beginning at a point on the
west boundary line of Hot Springs National Park, Arkansas, said
point being the most southerly corner of lot 32, block 128, United
States Hot Springs Reservation as surveyed, mapped, and platted by
the United States Hot Springs Commissioners; thence in a
southeasterly direction and at right angles to the boundary of Hot
Springs National Park aforesaid, a distance of fifty feet; thence
in a northeasterly direction and parallel with the aforementioned
boundary line, two hundred and ninety feet; thence in a
northwesterly direction a distance of fifty feet to the
aforementioned boundary line; thence in a southwesterly direction
along said boundary line a distance of two hundred and ninety feet
to the point of beginning; and, upon the transfer of title to said
land to the said company, the same shall be, and is hereby,
eliminated from the said Hot Springs National Park."
-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.
-End-
-CITE-
16 USC Sec. 361a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361a. Additions to park
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept the fee-simple title to a certain tract of land adjoining
the Hot Springs National Park, Arkansas, described as being the
west half of the southwest quarter of the southwest quarter of
section 27, township 2 south, range 19 west, fifth principal
meridian, containing sixteen acres, more or less, situated in
Garland County, State of Arkansas, donated to the United States of
America for use in connection with Hot Springs National Park:
Provided, That such land when accepted by the Secretary of the
Interior shall be and remain a part of Hot Springs National Park.
-SOURCE-
(June 5, 1924, ch. 264, 43 Stat. 423.)
-End-
-CITE-
16 USC Sec. 361b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361b. Additions to park
-STATUTE-
The Secretary of the Interior is authorized, in his discretion
and upon submission of evidence of title satisfactory to him, to
accept on behalf of the United States of America that certain tract
of land adjoining the Hot Springs National Park, Arkansas,
described as being a part of the north half southwest quarter
section 27, township 2 south, range 19 west, west of the
ninety-third meridian, in Garland County, Arkansas, and which has
been tendered to the United States of America as a donation and as
an addition to the said Hot Springs National Park: Provided, That
such land when accepted by the Secretary of the Interior shall be
and remain a part of the Hot Springs National Park.
-SOURCE-
(Feb. 14, 1931, ch. 172, 46 Stat. 1106.)
-End-
-CITE-
16 USC Sec. 361c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361c. Additions to park
-STATUTE-
The boundaries of the Hot Springs National Park in the State of
Arkansas are extended to include the following land, to wit: Lot
11, block 101; lot 5, block 185; lot 6, block 186; lots 5, 6, and
7, block 187; and lots 1, 2, 3, 6, and 15, block 188, United States
Hot Springs Reservation, as surveyed, mapped, and plotted by the
United States Hot Springs Commission, and any of such lands when
acquired by the Secretary of the Interior on behalf of the United
States shall be and remain a part of the Hot Springs National Park,
subject to all laws and regulations applicable thereto.
-SOURCE-
(June 15, 1936, ch. 554, Sec. 1, 49 Stat. 1516; Aug. 10, 1939, ch.
639, 53 Stat. 1341.)
-MISC1-
AMENDMENTS
1939 - Act Aug. 10, 1939, repealed proviso which limited
expenditure of funds.
-End-
-CITE-
16 USC Sec. 361c-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361c-1. Omitted
-COD-
CODIFICATION
Section, act June 15, 1936, ch. 554, Sec. 2, as added Aug. 10,
1939, ch. 639, 53 Stat. 1342, appropriated $8,000 for purchase of
lands described in section 361c of this title.
-End-
-CITE-
16 USC Sec. 361d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361d. Additions to park
-STATUTE-
The boundaries of the Hot Springs National Park in the State of
Arkansas be, and the same are, extended to include the following
lands, to wit:
So much of the northeast quarter section 33, township 2 south,
range 19 west, as is now privately owned;
The northwest quarter section 34, township 2 south, range 19
west;
All privately owned land in the west half section 27, township 2
south, range 19 west;
The southeast quarter section 27, south half northeast quarter
section 27, all privately owned lands in the northwest quarter
northeast quarter section 27, west half section 22, southwest
quarter section 15, southeast quarter section 16, northeast quarter
section 21, south half section 21, southeast quarter southeast
quarter section 20, east half northeast quarter section 28,
northwest quarter northeast quarter section 28, northwest quarter
northwest quarter section 28, east half southwest quarter northeast
quarter section 28, east half northeast quarter section 29,
southeast quarter northwest quarter northeast quarter section 29,
southwest quarter northeast quarter section 29, west half northwest
quarter southeast quarter section 29, southeast quarter southeast
quarter northwest quarter section 29, northeast quarter northwest
quarter southeast quarter section 29, all privately owned land in
northeast quarter southwest quarter section 29, south half
southeast quarter section 30, northeast quarter southeast quarter
section 30, southeast quarter southwest quarter section 30, west
half section 31, north half northeast quarter section 31, southwest
quarter northeast quarter section 31, west half southeast quarter
northeast quarter section 31, all lying and being situated in
township 2 south, range 19 west;
All of section 36, southeast quarter section 35, southeast
quarter northeast quarter section 35, all lying and being situated
in township 2 south, range 20 west;
Northeast quarter section 2, north half southeast quarter section
2, north half section 1, north half southwest quarter section 1,
north half southeast quarter section 1, all lying and being
situated in township 3 south, range 20 west;
North half section 6, north half southwest quarter section 6,
northwest quarter southeast quarter section 6, all lying and being
situated in township 3 south, range 19 west;
Blocks 27, 189, 195, and 196, city of Hot Springs;
Lots 8 to 13, inclusive, block 125, city of Hot Springs; lots 4,
5, 7, 8, 9, 10, 11, 12, 13, and 14, block 188, city of Hot Springs;
Fountain Street adjoining lots 13, block 125, and blocks 195 and
196, city of Hot Springs;
Reserve Avenue in city of Hot Springs from Palm Street to Cypress
Street. Two unnamed streets, twenty feet wide, extending from
Fountain Street to Government boundary and running between blocks
125 and 195 and blocks 195 and 196, respectively.
All or any part of such lands above described, when acquired by
the Secretary of the Interior on behalf of the United States, shall
be and remain a part of the Hot Springs National Park, subject to
all laws and regulations applicable thereto.
-SOURCE-
(June 24, 1938, ch. 649, Sec. 1, 52 Stat. 1038.)
-End-
-CITE-
16 USC Sec. 361e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361e. Acceptance of donations
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept on behalf of the United States donations of lands or
interests in land within the city limits of Hot Springs, Arkansas,
the title to such lands or interests in land to be satisfactory to
said Secretary. Upon the acquisition of such lands or interests in
land, they shall become a part of the Hot Springs National Park and
shall be subject to all laws and regulations applicable thereto.
-SOURCE-
(June 15, 1936, ch. 554, Sec. 3, as added Aug. 10, 1939, ch. 639,
53 Stat. 1342.)
-End-
-CITE-
16 USC Sec. 361f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361f. Exchange of lands
-STATUTE-
For the purpose of consolidating Federal holdings of land within
Hot Springs National Park, Arkansas, and in order to bring about
certain improvements in park land use, the Secretary of the
Interior is authorized in his discretion to accept, on behalf of
the United States, approximately 4.75 acres of non-Federal land or
interests in land situated in blocks 195 and 196 of the city of Hot
Springs, Arkansas, and in exchange therefor to convey by deed on
behalf of the United States to the grantor of the aforesaid
property certain federally owned land or interests in land, of no
greater value, comprising not in excess of five and three-tenths
acres of land situated adjacent to and in the immediate rear of the
Arlington Hotel in Hot Springs, Arkansas.
-SOURCE-
(Pub. L. 85-679, Aug. 18, 1958, 72 Stat. 630.)
-End-
-CITE-
16 USC Sec. 361g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 361g. Modification of park boundary
-STATUTE-
The boundary of Hot Springs National Park is modified as depicted
on the map entitled "Proposed Boundary Map", numbered 128/80015,
and dated August 5, 1985.
-SOURCE-
(Pub. L. 103-58, Aug. 2, 1993, 107 Stat. 280.)
-End-
-CITE-
16 USC Sec. 362 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 362. Leases of bathhouses and sites; supply of water
-STATUTE-
The Secretary of the Interior is authorized and empowered to
execute leases to the bathhouses and bathhouse sites in the Hot
Springs National Park for periods not exceeding twenty years, and
at an annual rental of not less than $30 per tub for each tub used
in any bathhouse. Said annual rental shall be payable quarterly in
advance, at the office of the Government superintendent of said
property, in Hot Springs, Arkansas. The same rate for water rent
shall be charged for the water to all parties receiving the same,
whether in or outside said park. After the Army and Navy hospital
bathhouse, the public bathhouse, the bathhouses which are
authorized in the said park, the Arlington Hotel, and the
bathhouses outside said park authorized on or before March 3, 1891,
to be supplied with hot water, in the order herein named, if there
shall still be a surplus of hot water the Secretary of the Interior
may, in his discretion and under such regulations as he may
prescribe, cause hot water to be furnished to bathhouses, hotels,
and families outside the said park. Such bathhouses, hotels, and
families shall cause all connections for obtaining such hot water
to be made at their own expense. All water furnished to any hotel
or family for other use than bathing shall be paid for at such
reasonable price, as shall be fixed by the Secretary of the
Interior. The Secretary of the Interior shall at the expiration of
each period of five years during the continuance of each lease
readjust the terms and amounts of payment provided for therein as
may be just, but not less than the minimum herein provided.
-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 1, 26 Stat. 842; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)
-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.
-MISC1-
ARLINGTON HOTEL SITE
Section 2 of act Mar. 3, 1891, authorized the leasing of the
Arlington Hotel site for a term which has expired. Provision for
leasing this property was made by act Aug. 24, 1912, ch. 355, Sec.
1, 37 Stat. 459.
Act Feb. 14, 1931, ch. 180, 46 Stat. 1109, incorporated in
section 370a of this title, provided that upon the expiration on
Mar. 6, 1932, of the existing lease of the Arlington Hotel Company,
the property or site should be kept, retained and maintained by the
United States for park and landscaping purposes, and that no new
lease shall be granted for the erection of another hotel, bathhouse
or other structure thereon.
LEASES PURSUANT TO 1878 ACT
For prior provisions relating to leases of ground, bathhouses,
etc., made by act Dec. 16, 1878, ch. 5, 20 Stat. 258, see
Codification notes set out under section 361 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 368 of this title.
-End-
-CITE-
16 USC Sec. 363 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK
-HEAD-
Sec. 363. Rules and regulations
-STATUTE-
Full power is vested in the Secretary of the Interior to provide,
in all leases to be executed against any combination among lessees
or their assigns, as to ownership, prices, or accommodations at any
bathhouse; as well as to make all needful rules and regulations as
to the use of the hot water, and to prevent its waste, including
full power to authorize the superintendent of said park to make
examination and inspection at any time of the manner of using the
hot water at any bathtub, that it may be used in proper quantity
only, and to prevent its waste; and also full power to provide and
fix reasonable maximum charges for all baths, or bathing
privileges, or services of any person connected with any bathhouse
furnished to bathers; and for reasonable maximum charges to guests
at the Arlington Hotel; and also, generally, the Secretary of the
Interior may make all necessary rules and regulations as to said
bathhouses and the service therein as shall be deemed best for the
public interest, and to provide penalties for the violation of any
regulation which may be enforced as though provided by Act of
Congress. All leases and grants of hot-water privileges shall be
held to be subject to all regulations in force on March 3, 1891, or
which may be adopted by the Secretary of the Interior, and for any
violation of any regulation, known to the proprietor at the time of
the offense, the lease or grant may be canceled by the Secretary of
the Interior. It shall be expressly provided in all leases and
grants of privilege for hot water that the bathhouse for which
provision is made shall not be owned or controlled by any person,
company, or corporation which may be the owner of or interested (as
stockholder or otherwise) in any other bathhouse on or near the Hot
Springs National Park; that neither the hot-water privilege granted
nor any interest therein, nor the right to operate or control said (continued)