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(continued)
Tennessee, subject to such conditions as he may deem necessary to
assure administration and maintenance thereof by the State and to
preserve the existing parkway character of the conveyed lands, the
rights-of-way heretofore conveyed to the United States for the
purposes of the Gatlinburg Spur of the Foothills Parkway together
with any and all parcels of land heretofore conveyed by the State
of Tennessee to the United States for the control and stabilization
of landslides along said Gatlinburg Spur, except such lands as the
Secretary determines may be necessary to provide for (1) the
interchange between the road known as the Gatlinburg bypass and
United States 441, (2) the interchange between United States
Highway 441 and the Foothills Parkway in the vicinity of Caney
Creek, and (3) the management and administration of the Foothills
Parkway: Provided, That such reconveyance shall not be effected
until construction of the Gatlinburg bypass and of two rock
retaining walls to control erosion on the Gatlinburg Spur are
completed, and Interstate Route 40 is open to public travel from
Newport, Tennessee to United States Route 19 near Waynesville,
North Carolina.
-SOURCE-
(Pub. L. 91-57, Sec. 2, Aug. 9, 1969, 83 Stat. 100.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 403h-17 of this title.
-End-
-CITE-
16 USC Sec. 403h-17 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403h-17. Elimination of lands from Great Smoky Mountains
National Park and Gatlinburg Spur of the Foothills Parkway
-STATUTE-
The conveyance of the lands described in sections 403h-15 and
403h-16 of this title shall eliminate them from the park and
parkway. Upon such conveyance and upon acceptance by the State of
Tennessee of legislative jurisdiction over the lands and
notification of such acceptance being given to the Secretary of the
Interior, such jurisdiction is retroceded to the State.
-SOURCE-
(Pub. L. 91-57, Sec. 3, Aug. 9, 1969, 83 Stat. 100.)
-End-
-CITE-
16 USC Sec. 403i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403i. Secretary of the Interior authorized to purchase
necessary lands
-STATUTE-
The Secretary of the Interior is authorized to acquire on behalf
of the United States by purchase, at prices deemed by him to be
reasonable, the lands needed to complete the Great Smoky Mountains
National Park in the State of Tennessee, in accordance with the
provisions of sections 403 and 403a to 403c of this title; and the
Secretary of the Interior is further authorized, when in his
opinion unreasonable prices are asked for any of such lands, to
acquire the same by condemnation under the provisions of section
3113 of title 40.
-SOURCE-
(Feb. 12, 1938, ch. 27, Sec. 5, 52 Stat. 29.)
-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. 403j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403j. Authorization of appropriation
-STATUTE-
There is authorized to be appropriated, out of any moneys in the
Treasury not otherwise appropriated, the sum of $743,265.29 to
complete the acquisition of lands within the limits of said park,
such funds to be available until expended.
-SOURCE-
(Feb. 12, 1938, ch. 27, Sec. 6, 52 Stat. 29.)
-End-
-CITE-
16 USC Sec. 403k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403k. Boundary between Great Smoky Mountains National Park and
Cherokee-Pisgah-Nantahala National Forests
-STATUTE-
The portion of the boundary of the Great Smoky Mountains National
Park that is common to and between the park and the
Cherokee-Pisgah-Nantahala National Forests hereafter shall be as
follows:
(a) Between the Pisgah National Forest and Great Smoky Mountains
National Park the boundary shall be as follows: Beginning at a
point where North Carolina State Highway Numbered 284 first crosses
the Cataloochee Divide, said point being common to the boundary of
said forest as described in Proclamation Numbered 2187 of July 10,
1936, and the boundary of said park, as authorized by sections 403
and 403a to 403c of this title; thence following the divide
northeasterly to the summit of Bent Knee Knob; thence northwesterly
and northerly following Trail Ridge and White Oak Mountain to a
point where the present national forest boundary leaves White Oak
Mountain and running with same northwesterly across Cataloochee
Creek to the southeast corner of a tract of national park land and
northwesterly through the same following the crest of the ridge
next south of the east boundary of the said tract to the old road
on the summit of Longarm Mountain; thence southwesterly and
northwesterly follows the said road running with the top of
Scottish Mountain and through a tract of national forest land to
the south boundary of a tract of national park land just east of
Mount Sterling Gap; thence northerly following the south and east
boundaries of the said tract of national park land to the northeast
corner thereof; thence northeasterly through a tract of national
forest land, following the crest of the ridge parallel to and east
of Mount Sterling Creek to the summit of the ridge terminated by
the juncture of Mount Sterling Creek with its south prong; thence
northwesterly across Mount Sterling Creek to the summit northeast
of Ivy Gap; thence westerly to a point where the westerly boundary
of a tract of Forest Service land diverges from North Carolina
State Highway Numbered 284; thence with the highway northerly to a
point where North Carolina Highway Numbered 284 joins Tennessee
Highway Numbered 75 at the State line;
(b) Between Nantahala National Forest and Great Smoky Mountains
National Park, the boundary shall follow the boundary of said
forest as described in Proclamation Numbered 2185 of July 9, 1936;
(c) Between Cherokee National Forest (Unaka Division) and Great
Smoky Mountains National Park, the boundary shall follow the
boundary of said forest as described in Proclamation Numbered 2183
of July 8, 1936.
-SOURCE-
(July 26, 1950, ch. 492, Sec. 1, 64 Stat. 377.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 403k-1 of this title.
-End-
-CITE-
16 USC Sec. 403k-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403k-1. Laws applicable
-STATUTE-
Subject to valid existing rights, all lands within the boundaries
of Great Smoky Mountains National Park, as redefined by sections
403k to 403k-2 of this title, hereafter shall be a part of the
national park and shall be subject to all laws, rules, and
regulations applicable to the national park. All federally owned
lands eliminated from the national park by said sections shall
hereafter be a part of the Pisgah National Forest and shall be
subject to all laws, rules, and regulations relating to such
national forest.
-SOURCE-
(July 26, 1950, ch. 492, Sec. 2, 64 Stat. 378.)
-End-
-CITE-
16 USC Sec. 403k-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403k-2. Addition of lands to Great Smoky Mountains National
Park
-STATUTE-
So much of the twenty-five-acre tract of land in Forney's Creek
Township, Swain County, North Carolina, lying north of Lake Cheoah,
proposed to be donated to the United States by the Carolina
Aluminum Company, as now lies outside of the park boundaries
authorized by sections 403 and 403a to 403c of this title, shall
upon acceptance by the Secretary of the Interior, become a part of
the Great Smoky Mountains National Park and shall be subject to all
laws, rules, and regulations applicable to said park.
-SOURCE-
(July 26, 1950, ch. 492, Sec. 3, 64 Stat. 378.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 403k-1 of this title.
-End-
-CITE-
16 USC Sec. 403k-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403k-3. Palmer's Chapel in Cataloochee Valley of Great Smoky
Mountains National Park; protection and continued use;
communication of Chapel history to visitors
-STATUTE-
The Secretary of the Interior is authorized and directed to take
such measures as may be necessary to provide for the continued
protection of the historic Palmer's Chapel in the Cataloochee
Valley of the Great Smoky Mountains National Park. The importance
of the chapel in memorializing the early settlement of the valley
and in providing an opportunity for interpreting the cultural
traditions of the former residents of the valley is hereby
recognized, and the Secretary is authorized to make suitable
arrangements for the history of the chapel to be communicated to
park visitors and for the chapel to continue to be used for
memorial purposes by former residents and their descendants.
-SOURCE-
(Pub. L. 96-199, title I, Sec. 106, Mar. 5, 1980, 94 Stat. 69.)
-End-
-CITE-
16 USC SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-End-
-CITE-
16 USC Sec. 404 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404. Establishment; boundaries
-STATUTE-
When title to lands within the area referred to in this section
shall have been vested in the United States in fee simple, there
shall be, and there is, established, dedicated, and set apart as a
public park for the benefit and enjoyment of the people, the tract
of land in the Mammoth Cave region in the State of Kentucky, being
approximately seventy thousand six hundred and eighteen acres,
recommended as a National Park by the Southern Appalachian National
Park Commission to the Secretary of the Interior, in its report of
April 8, 1926, and made under authority of the Act of February 21,
1925 (chapter 281, 43 Statutes 958); which area, or any part or
parts thereof as may be accepted on behalf of the United States in
accordance with the provisions hereof, shall be known as the
Mammoth Cave National Park: Provided, That the United States shall
not purchase by appropriation of public moneys any land within the
aforesaid area, but such lands shall be secured by the United
States only by public or private donation.
-SOURCE-
(May 25, 1926, ch. 382, Sec. 1, 44 Stat. 635.)
-REFTEXT-
REFERENCES IN TEXT
Act of February 21, 1925, referred to in text, was not classified
to the Code.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 404a, 404c-11, 404f of
this title.
-End-
-CITE-
16 USC Sec. 404a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404a. Acceptance of title to lands
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept, as hereinafter provided, on behalf of the United States,
title to the lands referred to in section 404 of this title, and to
be purchased with the funds which may be subscribed by or through
the Mammoth Cave National Park Association of Kentucky, and with
other contributions for the purchase of lands in the Mammoth Cave
National Park area: Provided, That any of said lands may be donated
directly to the United States and conveyed to it, cost free, by
fee-simple title, in cases where such donations may be made without
the necessity of purchase.
-SOURCE-
(May 25, 1926, ch. 382, Sec. 2, 44 Stat. 635.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-11 of this title.
-End-
-CITE-
16 USC Sec. 404b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404b. Administration, protection, and development; Federal
Power Act inapplicable; minimum area
-STATUTE-
The administration, protection, and development of the aforesaid
park shall be exercised under the direction of the Secretary of the
Interior by the National Park Service, subject to the provisions of
sections 1, 2, 3, and 4 of this title, as amended: Provided, That
the provisions of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to this park: And provided further, That the
minimum area to be administered and protected by the National Park
Service shall be, for the said Mammoth Cave National Park, twenty
thousand acres: Provided further, That no general development of
said area shall be undertaken until a major portion of the
remainder in such area, including all the caves thereof, shall have
been accepted by said Secretary, and he shall have established a
schedule of fees for admission to such caves.
-SOURCE-
(May 25, 1926, ch. 382, Sec. 3, 44 Stat. 636; May 14, 1934, ch.
282, Sec. 1, 48 Stat. 775.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act approved June 10, 1920, known as the Federal Water Power
Act," and was redesignated as the Federal Power Act by section 791a
of this title. The Federal Power Act is act June 10, 1920, ch. 285,
41 Stat. 1063, as amended, and is classified generally to chapter
12 (Sec. 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and Tables.
-MISC1-
AMENDMENTS
1934 - Act May 14, 1934, inserted "and he shall have established
a schedule of fees for admission to such caves," and changed phrase
"including all the caves thereof" to its present position instead
of following "twenty thousand acres".
-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 sections 404b-1, 404c-11 of this
title.
-End-
-CITE-
16 USC Sec. 404b-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404b-1. Exclusion of Great Onyx and Crystal Caves
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to exclude the Great Onyx Cave and the Crystal Cave, or either of
them, from the maximum boundaries of the said park, and the area
required for general development of the said park by section 404b
of this title, is modified accordingly.
-SOURCE-
(Aug. 28, 1937, ch. 873, Sec. 2, 50 Stat. 871.)
-MISC1-
EVENTUAL ACQUISITION OF GREAT ONYX AND CRYSTAL CAVES
Eventual acquisition of Great Onyx and Crystal Caves, see section
404b-2 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-11 of this title.
-End-
-CITE-
16 USC Sec. 404b-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404b-2. Eventual acquisition of Great Onyx and Crystal Caves;
cooperation with State of Kentucky
-STATUTE-
The Secretary of the Interior is authorized to cooperate with the
State of Kentucky for the purpose of arranging for the eventual
acquisition by the United States of the Great Onyx Cave and the
Crystal Cave within the authorized boundaries of Mammoth Cave
National Park. The Secretary shall deposit to the credit of a
special receipt account that portion of the annual admission,
guide, and elevator fee receipts from the said park which exceeds
the annual amount available to the park for management, guide, and
protection purposes, which funds so deposited may be expended
thereafter in payment for the purchase of said cave properties. The
Secretary is further authorized to enter into such contracts and
agreements as he may determine to be necessary to effectuate the
acquisition of the cave properties as authorized herein.
-SOURCE-
(Mar. 27, 1954, ch. 114, 68 Stat. 36.)
-End-
-CITE-
16 USC Sec. 404c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c. Omitted
-COD-
CODIFICATION
Section, act May 25, 1926, ch. 382, Sec. 4, 44 Stat. 636,
authorized the Secretary of the Interior to employ, for the purpose
of carrying out the provisions of sections 404 to 404b of this
title, the commission authorized by act Feb. 21, 1925, ch. 281, 43
Stat. 958 (a temporary act).
-End-
-CITE-
16 USC Sec. 404c-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-1. Acceptance of cession by United States; jurisdiction
-STATUTE-
The provisions of the act of the General Assembly of the
Commonwealth of Kentucky, approved March 22, 1930 (Acts of 1930,
ch. 132, p. 405), ceding to the United States exclusive
jurisdiction over, within, and under such territory in the
Commonwealth as may be acquired for the Mammoth Cave National Park,
are accepted. Subject to the reservations made by the Commonwealth
in the act of cession, the United States assumes sole and exclusive
jurisdiction over such territory.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 1, 56 Stat. 317.)
-REFTEXT-
REFERENCES IN TEXT
Act of the General Assembly of the Commonwealth of Kentucky,
approved March 22, 1930 (Acts of 1930, ch. 132, p. 405), referred
to in text, was also set out as Ky. St., Secs. 3766e16 to 3766e22
[see Secs. 3.020 and 3.070 in part].
-End-
-CITE-
16 USC Sec. 404c-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-2. Fugitives from justice
-STATUTE-
All fugitives from justice taking refuge in the park shall be
subject to the same laws as fugitives from justice found in the
Commonwealth of Kentucky.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 2, 56 Stat. 317; June 25, 1948, ch.
646, Sec. 39, 62 Stat. 992.)
-MISC1-
AMENDMENTS
1948 - Act June 25, 1948, struck out first sentence relating to
inclusion of park in a judicial district. See section 97 of Title
28, Judiciary and Judicial Procedure, and section 3231 of Title 18,
Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1948 AMENDMENT
Section 38 of act June 25, 1948, provided that the amendment made
by that act is effective Sept. 1, 1948.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-10 of this title.
-End-
-CITE-
16 USC Sec. 404c-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-3. Criminal offenses concerning hunting, fishing, and
property; prima facie evidence; rules and regulations
-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
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 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.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 3, 56 Stat. 317.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which is
classified to sections 404c-1 to 404c-12 of this title. For
complete classification of this Act to the Code, see Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-10 of this title.
-End-
-CITE-
16 USC Sec. 404c-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-4. Forfeiture of property used in commission of offenses
-STATUTE-
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.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 4, 56 Stat. 318.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which is
classified to sections 404c-1 to 404c-12 of this title. For
complete classification of this Act to the Code, see Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-10 of this title.
-End-
-CITE-
16 USC Secs. 404c-5 to 404c-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Secs. 404c-5 to 404c-9. Repealed. June 25, 1948, ch. 646, Sec. 39,
62 Stat. 992, eff. Sept. 1, 1948
-MISC1-
Section 404c-5, acts June 5, 1942, ch. 341, Sec. 5, 56 Stat. 318;
Apr. 21, 1948, ch. 223, Sec. 3, 62 Stat. 196, 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 404c-6, act June 5, 1942, ch. 341, Sec. 6, 56 Stat. 319,
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 404c-7, act June 5, 1942, ch. 341, Sec. 7, 56 Stat. 319,
related to commissioner's [now magistrate judge's] salary. See
section 634 of Title 28, Judiciary and Judicial Procedure.
Section 404c-8, act June 5, 1942, ch. 341, Sec. 8, 56 Stat. 319,
related to fees, costs, and expenses against United States. See
section 604 of Title 28.
Section 404c-9, act June 5, 1942, ch. 341, Sec. 9, 56 Stat. 319,
related to disposition of fines and costs. See section 634 of Title
28.
-End-
-CITE-
16 USC Sec. 404c-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-10. Notice of assumption of police jurisdiction by United
States; acceptance by Secretary of further cessions
-STATUTE-
The Secretary of the Interior shall notify in writing the
Governor of the Commonwealth of Kentucky 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 Mammoth Cave National
Park, the provisions of sections 2 to 9 inclusive, shall apply to
such lands.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 10, 56 Stat. 319.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which is
classified to sections 404c-1 to 404c-12 of this title. For
complete classification of this Act to the Code, see Tables.
Sections 2 to 9 inclusive, referred to in text, means sections 2
to 9 of act June 5, 1942, only sections 2 to 4 of which are still
in effect and are classified to sections 404c-2 to 404c-4 of this
title.
-End-
-CITE-
16 USC Sec. 404c-11 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-11. Secretary of the Interior authorized to acquire
additional lands; appropriation; approval of title
-STATUTE-
The Secretary of the Interior is authorized in his discretion to
acquire for inclusion within the Mammoth Cave National Park by
purchase, condemnation, or otherwise, any lands, interests in
lands, and other property within the maximum boundaries thereof as
authorized by sections 404 to 404b and 404c of this title,
notwithstanding the provisions of sections 404b-1 and 404f of this
title, or any action taken thereunder to exclude certain caves from
the park area.
In order to provide for acquisition of property on behalf of the
United States, in accordance with the provisions of this section,
there is authorized to be appropriated the sum of not to exceed
$350,000. Any of the funds appropriated pursuant to the provisions
hereof which are not needed to acquire property as authorized by
this section may, in the discretion of the Secretary of the
Interior, be used to acquire lands and interests in lands required
for the development of a proper and suitable entrance road to
Mammoth Cave National Park, as authorized in section 404c-12 of
this title. The funds heretofore deposited in the Treasury under
special fund receipt account 146664 shall, upon June 30, 1948, be
transferred to the general fund of the Treasury as miscellaneous
receipts: Provided, That no part of this authorization shall be
used for road development or construction until after all the lands
within the maximum boundaries, as authorized by sections 404 to
404b and 404c of this title, have been acquired by purchase,
condemnation or otherwise.
The title to lands, interests in lands, and other property to be
acquired pursuant to this Act shall be satisfactory to the
Secretary of the Interior. Any property acquired pursuant to said
sections upon acquisition by the Federal Government, shall become a
part of the park, and shall be subject to all laws and regulations
applicable thereto.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 11, 56 Stat. 319; June 30, 1948, ch.
764, 62 Stat. 1165.)
-REFTEXT-
REFERENCES IN TEXT
Section 404c of this title, referred to in text, was omitted from
the Code.
This Act, referred to in text, is act June 5, 1942, which is
classified to sections 404c-1 to 404c-12 of this title. For
complete classification of this Act to the Code, see Tables.
-MISC1-
AMENDMENTS
1948 - Act June 30, 1948, amended section to provide for an
appropriation of $350,000 to acquire additional cave lands.
-End-
-CITE-
16 USC Sec. 404c-12 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404c-12. Entrance roads
-STATUTE-
For the purpose of developing a proper and suitable entrance road
to the Mammoth Cave National Park, the Secretary of the Interior is
authorized in his discretion to accept on behalf of the United
States donations of lands, buildings, structures, and other
property or interests therein, or to acquire such property with
donated funds by purchase, condemnation, or otherwise, within an
area or areas to be determined by him, but (a) not to exceed one
mile in width, extending from the exterior boundary of the Mammoth
Cave National Park to a point to be selected by him on United
States Highway Numbered 31-W, and (b) not to exceed one-half mile
in width on either side of United States Highway Numbered 31-W and
running for a distance of not to exceed two miles along said
highway. Lands acquired for purposes of protecting such entrance
roads shall not be less than five hundred feet in width on either
side of said roads: Provided, That only one such entrance road
shall be established between United States Highway Numbered 31-W
and Mammoth Cave National Park pursuant to this Act.
-SOURCE-
(June 5, 1942, ch. 341, Sec. 12, 56 Stat. 320.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act June 5, 1942, which is
classified to sections 404c-1 to 404c-12 of this title. For
complete classification of this Act to the Code, see Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-11 of this title.
-End-
-CITE-
16 USC Sec. 404d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404d. Acceptance of title to lands; reservations; leases;
rights-of-way and easements
-STATUTE-
The Secretary of the Interior is authorized in his discretion to
accept title to lands tendered without cost to the United States
within the area of the Mammoth Cave National Park, subject to
leases entered into and granted as part consideration in connection
with the purchase of said land for tender to the United States for
park purposes, but not exceeding in length of term the life of the
particular grantor or grantors: Provided, That said leases and the
terms and conditions thereof shall have previously been submitted
to and approved by said Secretary: And provided further, That he
may lease upon such terms and conditions as he deems proper any
lands within the aforesaid areas when such use shall not be deemed
by him inconsistent with the purposes for which the lands were
acquired on behalf of the United States, to persons, educational or
religious institutions, private corporations, associations, and
partnerships previously occupying such land for terms not exceeding
the particular lifetime in the case of natural persons, and not
exceeding twenty years in all other cases, which latter leases may
be renewed in the discretion of said Secretary: And provided
further, That the Secretary of the Interior may accept lands for
these parks subject to reservations of rights-of-way and easements.
-SOURCE-
(Feb. 4, 1932, ch. 19, Sec. 2, 47 Stat. 37.)
-COD-
CODIFICATION
Provisions of act Feb. 4, 1932, Sec. 2, relating to the
Shenandoah National Park and the Great Smoky Mountains National
Park, and to the Isle Royale National Park, are classified to
sections 403e and 408c of this title.
-End-
-CITE-
16 USC Sec. 404e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404e. Donations of money; acquisition of title to lands
-STATUTE-
In the establishment of the said Mammoth Cave National Park the
Secretary of the Interior is authorized to accept donations of
money for the acquisition of lands and rights therein and to
acquire the same by purchase, condemnation, or otherwise.
-SOURCE-
(May 14, 1934, ch. 282, Sec. 2, 48 Stat. 775.)
-End-
-CITE-
16 USC Sec. 404f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVII - MAMMOTH CAVE NATIONAL PARK
-HEAD-
Sec. 404f. Acquisition of additional lands
-STATUTE-
All lands purchased from funds heretofore allocated and made
available by Executive order, or otherwise, for the acquisition of
lands for conservation or forestation purposes within the maximum
boundaries of the Mammoth Cave National Park as authorized by
section 404 of this title, are made a part of the said park as
fully as if originally acquired for that purpose and the proviso at
the end of section 404 of this title shall not be construed so as
to prohibit the acquisition of lands in said area under funds made
available as aforesaid.
-SOURCE-
(Aug. 28, 1937, ch. 873, Sec. 1, 50 Stat. 871.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 404c-11 of this title.
-End-
-CITE-
16 USC SUBCHAPTER XLVIII - COOS COUNTY, OREGON 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVIII - COOS COUNTY, OREGON
-HEAD-
SUBCHAPTER XLVIII - COOS COUNTY, OREGON
-End-
-CITE-
16 USC Sec. 405 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVIII - COOS COUNTY, OREGON
-HEAD-
Sec. 405. Reservation for park and camp sites
-STATUTE-
The northeast quarter northwest quarter, lot 1, section 7,
township 28 south, range 9 west, the southwest quarter northeast
quarter, north half southeast quarter, section 5, township 27
south, range 11 west, the west half southwest quarter, section 5,
the south half northwest quarter, section 11, township 28 south,
range 11 west, the south half southeast quarter and east half
southwest quarter, section 35, township 27 south, range 12 west,
Willamette Meridian, Coos County, Oregon, formerly a part of the
Coos Bay military wagon road grant, subject to valid existing
rights and as to lands withdrawn for water-power purposes to all
the provisions of the Federal Power Act [16 U.S.C. 791a et seq.],
and to the cutting and removal of the merchantable timber on the
northeast quarter southwest quarter, section 35, township 27 south,
range 12 west, pursuant to a sale thereof heretofore made, are
reserved and set apart as public parks and camp sites for
recreational purposes and to preserve the rare groves of myrtle
trees thereon, such lands to be placed under the care, control, and
management of the county court of Coos County, Oregon, in
accordance with such rules and regulations as the Secretary of the
Interior may prescribe: Provided, That all the expense of such
care, control, and management shall be paid by the said county
court.
-SOURCE-
(May 5, 1926, ch. 241, Sec. 1, 44 Stat. 397.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
"Federal water power Act of June 10, 1920 (Forty-first Statutes At
Large, page 1063)", which was redesignated the Federal Power Act by
section 791a of this title. The Federal Power Act is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, and is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For
complete classification of this Act to the Code, see section 791a
of this title and Tables.
-End-
-CITE-
16 USC Sec. 405a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVIII - COOS COUNTY, OREGON
-HEAD-
Sec. 405a. Rules and regulations; fees
-STATUTE-
The said county court may make necessary rules and regulations
governing the use of such lands and may charge such reasonable fees
as may be necessary to provide funds for the upkeep, care, and
protection of such reserved lands and the myrtle trees thereon, the
said regulations and fees chargeable to be approved by the
Secretary of the Interior before becoming effective.
-SOURCE-
(May 5, 1926, ch. 241, Sec. 2, 44 Stat. 398.)
-End-
-CITE-
16 USC SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-End-
-CITE-
16 USC Secs. 406 to 406d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
Secs. 406 to 406d. Repealed. Sept. 14, 1950, ch. 950, Sec. 1, 64
Stat. 849
-MISC1-
Sections, act Feb. 26, 1929, ch. 331, Secs. 1-5, 45 Stat.
1314-1316, related to Grand Teton National Park of Wyoming. See
section 406d-1 et seq. of this title. See, also, sections 482m and
673b, relating to Teton National Forest, and National Elk Refuge,
in Wyoming, respectively.
Sections 406 to 406d were not enacted as part of act Sept. 14,
1950, ch. 950, 64 Stat. 849, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 406d-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
Sec. 406d-1. Establishment; boundaries; administration
-STATUTE-
For the purpose of including in one national park, for public
benefit and enjoyment, the lands within the present Grand Teton
National Park and a portion of the lands within the Jackson Hole
National Monument, there is established a new "Grand Teton National
Park". The park shall comprise, subject to valid existing rights,
all of the present Grand Teton National Park and all lands of the
Jackson Hole National Monument that are not otherwise expressly
provided for in this subchapter and sections 431a, 451a, 482m,
673b, and 673c of this title, and an order setting forth the
boundaries of the park shall be prepared by the Secretary of the
Interior and published in the Federal Register. The national park
so established shall, so far as consistent with the provisions of
this subchapter and said sections, be administered in accordance
with the general statutes governing national parks, and shall
supersede the present Grand Teton National Park and the Jackson
Hole National Monument.
-SOURCE-
(Sept. 14, 1950, ch. 950, Sec. 1, 64 Stat. 849.)
-REFTEXT-
REFERENCES IN TEXT
The Jackson Hole National Monument, referred to in text, was
created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943,
57 Stat. 731. For provisions transferring other lands of such
former national monument, see sections 482m and 673b of this title.
Provisions relating to the "present Grand Teton National Park",
referred to in text, were contained in former sections 406 to 406d
of this title, which sections were repealed by another provision of
section 1 of act Sept. 14, 1950.
-COD-
CODIFICATION
Section comprises all of section 1 of act Sept. 14, 1950, except
the final sentence thereof. The final sentence repealed sections
406 to 406d of this title which established, and related to, the
former "Grand Teton National Park of Wyoming". It also contained a
proviso, of which part is set out as section 431a of this title,
and the remainder, as section 451a of this title.
-MISC1-
GRAND TETON NATIONAL PARK LAND EXCHANGE
Pub. L. 108-32, June 17, 2003, 117 Stat. 779, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Grand Teton National Park Land
Exchange Act'.
"SEC. 2. DEFINITIONS.
"As used in this Act:
"(1) The term 'Federal lands' means public lands as defined in
section 103(e) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702(e)).
"(2) The term 'Governor' means the Governor of the State of
Wyoming.
"(3) The term 'Secretary' means the Secretary of the Interior.
"(4) The term 'State lands' means lands and interest in lands
owned by the State of Wyoming within the boundaries of Grand
Teton National Park as identified on a map titled 'Private, State
& County Inholdings Grand Teton National Park', dated March 2001,
and numbered GTNP/0001.
"SEC. 3. ACQUISITION OF STATE LANDS.
"(a) The Secretary is authorized to acquire approximately 1,406
acres of State lands within the exterior boundaries of Grand Teton
National Park, as generally depicted on the map referenced in
section 2(4), by any one or a combination of the following -
"(1) donation;
"(2) purchase with donated or appropriated funds; or
"(3) exchange of Federal lands in the State of Wyoming that are
identified for disposal under approved land use plans in effect
on the date of enactment of this Act [June 17, 2003] under
section 202 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712) that are of equal value to the State lands
acquired in the exchange.
"(b) In the event that the Secretary or the Governor determines
that the Federal lands eligible for exchange under subsection
(a)(3) are not sufficient or acceptable for the acquisition of all
the State lands identified in section 2(4), the Secretary shall
identify other Federal lands or interests therein in the State ofWyoming for possible exchange and shall identify such lands or (continued)