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(continued)
Foundation to include in its annual report a description of
projects undertaken and accomplishments made under this subchapter.
Section 19ee, Pub. L. 97-433, Sec. 6, Jan. 8, 1983, 96 Stat.
2278, related to authority of National Park Foundation.
Section 19ff, Pub. L. 97-433, Sec. 7, Jan. 8, 1983, 96 Stat.
2279, provided that nothing in this subchapter affect
responsibilities of Secretary of the Interior under other
provisions of law.
Section 19gg, Pub. L. 97-433, Sec. 8, Jan. 8, 1983, 96 Stat.
2279, provided that authorities contained in this subchapter expire
Sept. 30, 1989, and that any moneys credited to Fund not
appropriated, expended, or obligated be transferred to
miscellaneous receipts of the Treasury.
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 97-433 provided that this subchapter be
cited as the "National Park System Visitor Facilities Fund Act".
-End-
-CITE-
16 USC SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III09B - PARK SYSTEM RESOURCE PROTECTION
-HEAD-
SUBCHAPTER III-B - PARK SYSTEM RESOURCE PROTECTION
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in title 43 section 1474b-1.
-End-
-CITE-
16 USC Sec. 19jj 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III09B - PARK SYSTEM RESOURCE PROTECTION
-HEAD-
Sec. 19jj. Definitions
-STATUTE-
As used in this subchapter the term:
(a) "Attorney General" means the Attorney General of the United
States.
(b) "Damages" includes the following:
(1) Compensation for -
(A)(i) the cost of replacing, restoring, or acquiring the
equivalent of a park system resource; and
(ii) the value of any significant loss of use of a park
system resource pending its restoration or replacement or the
acquisition of an equivalent resource; or
(B) the value of the park system resource in the event the
resource cannot be replaced or restored.
(2) The cost of damage assessments under section 19jj-2(b) of
this title.
(c) "Response costs" means the costs of actions taken by the
Secretary of the Interior to prevent or minimize destruction or
loss of or injury to park system resources; or to abate or minimize
the imminent risk of such destruction, loss, or injury; or to
monitor ongoing effects of incidents causing such destruction,
loss, or injury.
(d) "Park system resource" means any living or non-living
resource that is located within the boundaries of a unit of the
National Park System, except for resources owned by a non-Federal
entity.
(e) "Regimen" means a water column and submerged lands, up to the
high-tide or high-water line.
(f) "Secretary" means the Secretary of the Interior.
(g) "Marine or aquatic park system resource" means any living or
non-living part of a marine or aquatic regimen within or is a
living part of a marine or aquatic regimen within the boundaries of
a unit of the National Park System, except for resources owned by a
non-Federal entity.
-SOURCE-
(Pub. L. 101-337, Sec. 1, July 27, 1990, 104 Stat. 379; Pub. L.
104-333, div. I, title VIII, Sec. 814(h)(1), (2), Nov. 12, 1996,
110 Stat. 4199.)
-MISC1-
AMENDMENTS
1996 - Subsec. (d). Pub. L. 104-333, Sec. 804(h)(1), amended
subsec. (d) generally. Prior to amendment, subsec. (d) read as
follows: " 'Park system resource' means any living or nonliving
resource that is located within or is a living part of a marine
regimen or a Great Lakes aquatic regimen (including an aquatic
regimen within Voyageurs National Park) within the boundaries of a
unit of the National Park System, except for resources owned by a
non-Federal entity."
Subsec. (g). Pub. L. 104-333, Sec. 814(h)(2), added subsec. (g).
-End-
-CITE-
16 USC Sec. 19jj-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III09B - PARK SYSTEM RESOURCE PROTECTION
-HEAD-
Sec. 19jj-1. Liability
-STATUTE-
(a) In general
Subject to subsection (c) of this section, any person who
destroys, causes the loss of, or injures any park system resource
is liable to the United States for response costs and damages
resulting from such destruction, loss, or injury.
(b) Liability in rem
Any instrumentality, including but not limited to a vessel,
vehicle, aircraft, or other equipment that destroys, causes the
loss of, or injures any park system resource or any marine or
aquatic park resource shall be liable in rem to the United States
for response costs and damages resulting from such destruction,
loss, or injury to the same extent as a person is liable under
subsection (a) of this section.
(c) Defenses
A person is not liable under this section if such person can
establish that -
(1) the destruction, loss of, or injury to the park system
resource was caused solely by an act of God or an act of war;
(2) such person acted with due care, and the destruction, loss
of, or injury to the park system resource was caused solely by an
act or omission of a third party, other than an employee or agent
of such person; or
(3) the destruction, loss, or injury to the park system
resource was caused by an activity authorized by Federal or State
law.
(d) Scope
The provisions of this section shall be in addition to any other
liability which may arise under Federal or State law.
-SOURCE-
(Pub. L. 101-337, Sec. 2, July 27, 1990, 104 Stat. 379; Pub. L.
104-333, div. I, title VIII, Sec. 814(h)(3), Nov. 12, 1996, 110
Stat. 4199; Pub. L. 106-176, title I, Sec. 120(c), Mar. 10, 2000,
114 Stat. 29.)
-MISC1-
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-176 inserted "or" after "park
system resource".
1996 - Subsec. (b). Pub. L. 104-333 inserted "any marine or
aquatic park resource" after "any park system resource".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 19jj-2 of this title.
-End-
-CITE-
16 USC Sec. 19jj-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III09B - PARK SYSTEM RESOURCE PROTECTION
-HEAD-
Sec. 19jj-2. Actions
-STATUTE-
(a) Civil actions for response costs and damages
The Attorney General, upon request of the Secretary after a
finding by the Secretary -
(1) of damage to a park system resource; or
(2) that absent the undertaking of response costs, damage to a
park system resource would have occurred;
may commence a civil action in the United States district court for
the appropriate district against any person who may be liable under
section 19jj-1 of this title for response costs and damages. The
Secretary shall submit a request for such an action to the Attorney
General whenever a person may be liable or an instrumentality may
be liable in rem for such costs and damages as provided in section
19jj-1 of this title.
(b) Response actions and assessment of damages
(1) The Secretary shall undertake all necessary actions to
prevent or minimize the destruction, loss of, or injury to park
system resources, or to minimize the imminent risk of such
destruction, loss, or injury.
(2) The Secretary shall assess and monitor damages to park system
resources.
-SOURCE-
(Pub. L. 101-337, Sec. 3, July 27, 1990, 104 Stat. 380.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 19jj of this title.
-End-
-CITE-
16 USC Sec. 19jj-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III09B - PARK SYSTEM RESOURCE PROTECTION
-HEAD-
Sec. 19jj-3. Use of recovered amounts
-STATUTE-
Response costs and damages recovered by the Secretary under the
provisions of this subchapter or amounts recovered by the Federal
Government under any Federal, State, or local law or regulation or
otherwise as a result of damage to any living or nonliving resource
located within a unit of the National Park System, except for
damage to resources owned by a non-Federal entity, shall be
available to the Secretary and without further congressional action
may be used only as follows:
(a) Response costs and damage assessments
To reimburse response costs and damage assessments by the
Secretary or other Federal agencies as the Secretary deems
appropriate.
(b) Restoration and replacement
To restore, replace, or acquire the equivalent of resources
which were the subject of the action and to monitor and study
such resources: Provided, That no such funds may be used to
acquire any lands or waters or interests therein or rights
thereto unless such acquisition is specifically approved in
advance in appropriations Acts and any such acquisition shall be
subject to any limitations contained in the organic legislation
for such park unit.
(c) Excess funds
Any amounts remaining after expenditures pursuant to
subsections (a) and (b) of this section shall be deposited into
the General Fund of the United States Treasury.
-SOURCE-
(Pub. L. 101-337, Sec. 4, July 27, 1990, 104 Stat. 380; Pub. L.
103-437, Sec. 6(d)(3), Nov. 2, 1994, 108 Stat. 4583.)
-COD-
CODIFICATION
Subsection (d), which required the Secretary to report annually
to the Committee on Appropriations and the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Appropriations and the Committee on Natural Resources of the United
States House of Representatives on funds expended pursuant to this
subchapter, terminated, effective May 15, 2000, pursuant to section
3003 of Pub. L. 104-66, as amended, set out as a note under section
1113 of Title 31, Money and Finance. See, also, page 111 of House
Document No. 103-7.
-MISC1-
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
-End-
-CITE-
16 USC Sec. 19jj-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER III09B - PARK SYSTEM RESOURCE PROTECTION
-HEAD-
Sec. 19jj-4. Donations
-STATUTE-
The Secretary may accept donations of money or services for
expenditure or employment to meet expected, immediate, or ongoing
response costs. Such donations may be expended or employed at any
time after their acceptance, without further congressional action.
-SOURCE-
(Pub. L. 101-337, Sec. 5, July 27, 1990, 104 Stat. 381.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 19jj-3 of this title.
-End-
-CITE-
16 USC SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS,
FACILITIES, AND SERVICES IN AREAS
ADMINISTERED BY NATIONAL PARK SERVICE 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND
SERVICES IN AREAS ADMINISTERED BY NATIONAL
PARK SERVICE
-HEAD-
SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND
SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE
-End-
-CITE-
16 USC Secs. 20 to 20g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IV - CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND
SERVICES IN AREAS ADMINISTERED BY NATIONAL
PARK SERVICE
-HEAD-
Secs. 20 to 20g. Repealed. Pub. L. 105-391, title IV, Sec. 415(a),
Nov. 13, 1998, 112 Stat. 3515
-MISC1-
Section 20, Pub. L. 89-249, Sec. 1, Oct. 9, 1965, 79 Stat. 969,
related to congressional findings and statement of purpose.
Section 20a, Pub. L. 89-249, Sec. 2, Oct. 9, 1965, 79 Stat. 969,
related to authority of Secretary of the Interior to encourage
concessioners.
Section 20b, Pub. L. 89-249, Sec. 3, Oct. 9, 1965, 79 Stat. 969,
related to protection of concessioner's investment.
Section 20c, Pub. L. 89-249, Sec. 4, Oct. 9, 1965, 79 Stat. 970,
related to new or additional services, preferential rights, and
operations by a single concessioner.
Section 20d, Pub. L. 89-249, Sec. 5, Oct. 9, 1965, 79 Stat. 970,
related to renewal preference for satisfactory performance,
extensions, new contracts, and public notice.
Section 20e, Pub. L. 89-249, Sec. 6, Oct. 9, 1965, 79 Stat. 970,
related to concessioner's possessory interest in concession
property, limitations, compensation for taking, and determination
of just compensation.
Section 20f, Pub. L. 89-249, Sec. 7, Oct. 9, 1965, 79 Stat. 971,
related to use of non-monetary consideration in leases of
government property.
Section 20g, Pub. L. 89-249, Sec. 9, Oct. 9, 1965, 79 Stat. 971,
related to recordkeeping, audit and examination, and access to
books and records.
Sections 20 to 20g were popularly known as the National Park
System Concessions Policy Act. For similar provisions, see section
5951 et seq. of this title.
REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY ACT; SAVINGS
PROVISION
Pub. L. 105-391, title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat.
3515, provided that: "Public Law 89-249 (commonly known as the
National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.)
is repealed. The repeal of such Act shall not affect the validity
of any concessions contract or permit entered into under such Act,
but the provisions of this title [see Short Title note set out
under section 5901 of this title] shall apply to any such contract
or permit except to the extent such provisions are inconsistent
with the terms and conditions of any such contract or permit.
References in this title to concessions contracts awarded under
authority of such Act also apply to concessions permits awarded
under such authority."
-End-
-CITE-
16 USC SUBCHAPTER V - YELLOWSTONE NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-End-
-CITE-
16 USC Sec. 21 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 21. Establishment; boundaries; trespassers
-STATUTE-
The tract of land in the States of Montana and Wyoming, lying
near the headwaters of the Yellowstone River and described as
follows, to wit, commencing at the junction of Gardiner's River,
with the Yellowstone River, and running east to the meridian
passing ten miles to the eastward of the most eastern point of
Yellowstone Lake; thence south along said meridian to the parallel
of latitude passing ten miles south of the most southern point of
Yellowstone Lake; thence west along said parallel to the meridian
passing fifteen miles west of the most western point of Madison
Lake; thence north along said meridian to the latitude of the
junction of the Yellowstone and Gardiner's Rivers; thence east to
the place of beginning, is reserved and withdrawn from settlement,
occupancy, or sale under the laws of the United States, and
dedicated and set apart as a public park or pleasuring ground for
the benefit and enjoyment of the people; and all persons who
locate, or settle upon, or occupy any part of the land thus set
apart as a public park, except as provided in section 22 of this
title, shall be considered trespassers and removed therefrom.
-SOURCE-
(R.S. Sec. 2474.)
-COD-
CODIFICATION
R.S. Sec. 2474 derived from act Mar. 1, 1872, ch. 24, Sec. 1, 17
Stat. 32.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 21b of this title.
-End-
-CITE-
16 USC Sec. 21a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 21a. Revision of boundaries; contiguous national forests;
jurisdiction of forests
-STATUTE-
The boundary of the Yellowstone National Park is changed so as to
read as follows:
Beginning on the present north boundary line of Yellowstone
National Park at its intersection with the hydrographic divide
immediately north of Pebble Creek, approximately at park boundary
monument 29 east; thence following said divide around the head of
the drainage of Pebble Creek to its intersection with the present
east boundary line of Yellowstone National Park, at a point near
park boundary monument 54 north; thence southerly along said
boundary line to its intersection with the hydrographic divide
between Soda Butte and Cache Creeks, at a point near park boundary
monument 51 north; thence easterly along said hydrographic divide
to its intersection with the crest of the Absaroka Range; thence
southerly along said crest to its intersection with the main
hydrographic divide between Little Lamar River and the North Fork
of Shoshone River, passing over Republic and Hoodoo Peaks; thence
westerly along said divide passing over Notch Mountain to its
intersection with the present east boundary line of Yellowstone
National Park, at a point near park boundary monument 26 north;
thence continuing westerly along said divide, now between the
headwaters of Lamar River and Jones Creek; headwaters of Sedge,
Bear, Cub, and Clear Creeks, and the headwaters of Jones and Crow
Creeks, and between Crow Creek and Middle Creek, to its
intersection with the present east boundary line of Yellowstone
National Park, approximately at park boundary monument 18 north,
passing over Pyramid and Cathedral Peaks, Mount Chittenden, and
Avalanche Peak, thence southerly along said boundary line to its
intersection with the hydrographic divide immediately south of
Middle Creek, approximately at park boundary monument 15 north;
thence westerly along said divide, now between a southern tributary
of Middle Creek, headwaters of Beaverdam, Trappers, and Mountain
Creeks, and the headwaters of Canfield and Eagle Creeks, to its
intersection with the present east boundary line of Yellowstone
National Park, at a point near park boundary monument 5 north,
passing over Reservation and Atkins Peaks, Mount Schurz, Mount
Humphreys, and Eagle Peak; and
Beginning on the present west boundary line of Yellowstone
National Park at its intersection with the left bank of Gallatin
River between park monuments 45 and 46 north; thence northwesterly
along said bank to a point opposite the hydrographic divide between
Daly and Tepee Creeks; thence northeasterly across the Gallatin
River and along said divide, around the headwaters of Daly, Black
Butte, Specimen, and Fan Creeks, to the intersection of said divide
with the present north boundary line of Yellowstone National Park,
at a point near park boundary monument 11 west.
All of those lands lying within the boundary lines above
described and the present north, east, and west boundary lines are
included in and made a part of the Yellowstone National Park; and
all of those lands of the present Yellowstone National Park
excluded from the park are included in and made a part of the
contiguous national forests subject to all laws and regulations
applicable to national forests, and upon acceptance thereof by
appropriate action of the State, jurisdiction for all purposes
whatsoever shall be, and is, ceded over the land excluded from the
park to the State of Wyoming.
-SOURCE-
(Mar. 1, 1929, ch. 437, Sec. 1, 45 Stat. 1435; Apr. 19, 1930, ch.
190, 46 Stat. 220.)
-MISC1-
AMENDMENTS
1930 - Act Apr. 19, 1930, struck out "Provided, That whereas it
is the purpose and intent of Congress to retain the areas hereby
added to the park in its original wilderness character, therefore,
no new roads shall be constructed and no hotels or permanent camps
shall be authorized or permitted to be maintained on such lands".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 21c of this title.
-End-
-CITE-
16 USC Sec. 21b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 21b. Extension of certain laws to park
-STATUTE-
The provisions of section 21 of this title, reserving lands for
park purposes, the Act of July 10, 1890 admitting the State of
Wyoming into the Union, and sections 1, 2, 3, 4, 24, 26, 30 and 30a
of this title and all Acts supplementary to and amendatory of said
sections are made applicable to and extended over the lands added
to the park: Provided, That the provisions of the Federal Power Act
[16 U.S.C. 791a et seq.] shall not apply to or extend over such
lands.
-SOURCE-
(Mar. 1, 1929, ch. 437, Sec. 2, 45 Stat. 1436.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act of June 10, 1920, entitled 'An Act to create a Federal
Power Commission, to provide for the improvement of navigation, the
development of water power, the use of the public lands in relation
thereto, and to repeal section 18 of the River and Harbor
Appropriation Act, approved August 8, 1917, and for other
purposes,' " and was redesignated the Federal Power Act by section
791a of this title. The Federal Power Act is act June 10, 1920, ch.
285, 41 Stat. 1063, as amended, and is classified generally to
chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this
title and Tables.
-End-
-CITE-
16 USC Sec. 21c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 21c. Section 485 as extending to revised boundaries; lands
acquired by exchange
-STATUTE-
The provisions of section 485 of this title shall continue to be
applicable to the areas included within the Yellowstone National
Park by section 21a of this title, and any lands within such areas
acquired by exchange thereunder shall thereupon become a part of
the Yellowstone National Park.
-SOURCE-
(Mar. 1, 1929, ch. 437, Sec. 3, 45 Stat. 1436.)
-End-
-CITE-
16 USC Sec. 21d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 21d. Existing claims, locations, and entries as affected by
revised boundaries
-STATUTE-
Nothing herein contained shall affect any valid existing claim,
location, or entry under the land laws of the United States,
whether for homestead, mineral right of way, or any other purposes
whatsoever, or shall affect the right of any such claimant,
locator, or entryman to the full use and enjoyment of his land.
-SOURCE-
(Mar. 1, 1929, ch. 437, Sec. 4, 45 Stat. 1436.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 1, 1929, which is
classified to sections 21a to 21d of this title. For complete
classification of this Act to the Code, see Tables.
-End-
-CITE-
16 USC Sec. 22 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 22. Control of park by Secretary of the Interior; removal of
trespassers
-STATUTE-
The Yellowstone National Park shall be under the exclusive
control of the Secretary of the Interior. In addition to the powers
and duties enumerated in section 3 of this title not inconsistent
with this section, he shall make regulations providing for the
preservation, from injury or spoliation, of all timber, mineral
deposits, natural curiosities, or wonders, within the park, and
their retention in their natural condition. The Secretary may, in
his discretion, grant leases for building purposes for terms not
exceeding thirty years, of small parcels of ground, at such places
in the park as may require the erection of buildings for the
accommodation of visitors. He shall provide against the wanton
destruction of the fish and game found within the park, and against
their capture or destruction for the purposes of merchandise or
profit. He shall also cause all persons trespassing upon the same
to be removed therefrom, and generally is authorized to take all
such measures as may be necessary or proper to fully carry out the
objects and purposes of this section.
-SOURCE-
(R.S. Sec. 2475; Aug. 25, 1916, ch. 408, Sec. 3, 39 Stat. 535; Pub.
L. 85-434, May 29, 1958, 72 Stat. 152.)
-COD-
CODIFICATION
R.S. Sec. 2475 derived from act Mar. 1, 1872, ch. 24, Sec. 2, 17
Stat. 33.
The words "whose duty it shall be, as soon as practicable, to
make and publish such regulations as he may deem necessary or
proper for the care and management of the same" were omitted from
the end of the first sentence as executed legislation.
The words "In addition to the powers and duties enumerated in
section 3 of this title not inconsistent with this section" were
added to relate this section to later law, defining the duties of
the Secretary of the Interior as to national parks.
"Thirty years" was substituted for "ten years" in view of section
3 of act Aug. 25, 1916, and act May 29, 1958, which authorized the
Secretary to grant privileges, leases, and permits in the various
parks for periods not exceeding thirty years. See section 3 of this
title.
As originally enacted, this section also contained a provision
that "all of the proceeds of such leases, and all other revenues
that may be derived from any source connected with the park, to be
expended under his [Secretary of the Interior] direction in the
management of the same, and the construction of roads and
bridlepaths therein." This provision was superseded by section 452
of this title providing for the disposition of all revenues from
national parks.
-End-
-CITE-
16 USC Sec. 23 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 23. Detail of troops for protection of park
-STATUTE-
The Secretary of the Army, upon the request of the Secretary of
the Interior, is authorized and directed to make the necessary
details of troops to prevent trespassers or intruders from entering
the park for the purpose of destroying the game or objects of
curiosity therein, or for any other purpose prohibited by law, and
to remove such persons from the park if found therein.
-SOURCE-
(Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, ch. 343, title
II, Sec. 205(a), 61 Stat. 501.)
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.
-End-
-CITE-
16 USC Sec. 24 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 24. Jurisdiction over park; fugitives from justice
-STATUTE-
The Yellowstone National Park, as its boundaries now are defined,
or as they may be hereafter defined or extended, shall be under the
sole and exclusive jurisdiction of the United States. All the laws
applicable to places under the sole and exclusive jurisdiction of
the United States, shall have force and effect in said park.
Nothing in this Act shall be construed to forbid the service in the
park of any civil or criminal process of any court having
jurisdiction in the States of Idaho, Montana, and Wyoming. All
fugitives from justice taking refuge in said park shall be subject
to the same laws as refugees from justice found in the State of
Wyoming.
-SOURCE-
(May 7, 1894, ch. 72, Sec. 1, 28 Stat. 73.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act May 7, 1894, which is
classified to sections 24 to 30a of this title. For complete
classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section 2 of act May 7, 1894, provided that the Yellowstone
National Park should be part of the judicial district of Wyoming,
and that the courts of the United States for the district should
have jurisdiction of all offenses committed within the park. It was
superseded by act Mar. 3, 1911, ch. 231, Sec. 115, 36 Stat. 1130,
constituting the State of Wyoming and Yellowstone National Park the
judicial district of Wyoming, that section being in turn superseded
by act June 5, 1924, ch. 260, 43 Stat. 388. Provisions of that act
are covered by section 131 of Title 28, Judiciary and Judicial
Procedure.
-MISC1-
WYOMING: JURISDICTION OVER PARK
The act admitting the State of Wyoming into the Union, act July
10, 1890, ch. 664, 26 Stat. 222, contained a proviso annexed to the
description of the boundaries of the State, in section 2 of the
act, as follows: "That nothing in this act contained shall repeal
or affect any act of Congress relating to the Yellowstone National
Park, or the reservation of the Park as now defined, or as may be
hereafter defined or extended, or the power of the United States
over it; and nothing contained in this act shall interfere with the
right and ownership of the United States in said park and
reservation as it now is or may hereafter be defined or extended by
law; but exclusive legislation, in all cases whatsoever, shall be
exercised by the United States, which shall have exclusive control
and jurisdiction over the same; but nothing in this proviso
contained shall be construed to prevent the service within said
park of civil and criminal process lawfully issued by the authority
of said State."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 21b, 30a of this title.
-End-
-CITE-
16 USC Sec. 25 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 25. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948
-MISC1-
Section, act May 7, 1894, ch. 72, Sec. 3, 28 Stat. 73, related to
applicability of criminal laws. See section 13 of Title 18, Crimes
and Criminal Procedure.
-End-
-CITE-
16 USC Sec. 26 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 26. Regulations for hunting and fishing in park; punishment
for violations; forfeitures
-STATUTE-
All hunting, or the killing, wounding, or capturing at any time
of any bird or wild animal, except dangerous animals, when it is
necessary to prevent them from destroying human life or inflicting
an injury, is prohibited within the limits of said park; nor shall
any fish be taken out of the waters of the park by means of seines,
nets, traps, or by the use of drugs or any explosive substances or
compounds, or in any other way than by hook and line, and then only
at such seasons and in such times and manner as may be directed by
the Secretary of the Interior. The Secretary of the Interior shall
make and publish such rules and regulations as he may deem
necessary and proper for the management and care of the park and
for the protection of the property therein, especially for the
preservation from injury or spoliation of all timber, mineral
deposits, natural curiosities, or wonderful objects within said
park; and for the protection of the animals and birds in the park,
from capture or destruction, or to prevent their being frightened
or driven from the park; and he shall make rules and regulations
governing the taking of fish from the streams or lakes in the park.
Possession within the said park of the dead bodies, or any part
thereof, of any wild bird or animal shall be prima facie evidence
that the person or persons having the same are guilty of violating
this Act. Any person or persons, or stage or express company or
railway company, receiving for transportation any of the said
animals, birds, or fish so killed, taken, or caught shall be deemed
guilty of a misdemeanor, and shall be fined for every such offense
not exceeding $300. Any person found guilty of violating any of the
provisions of this Act or any rule or regulation that may be
promulgated by the Secretary of the Interior with reference to the
management and care of the park, or for the protection of the
property therein, for the preservation from injury or spoliation of
timber, mineral deposits, natural curiosities, or wonderful objects
within said park, or for the protection of the animals, birds, and
fish in the said park, 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.
All guns, traps, teams, horses, or means of transportation of
every nature or description used by any person or persons within
said park limits when engaged in killing, trapping, ensnaring, or
capturing such wild beasts, birds, or wild animals shall be
forfeited to the United States, and may be seized by the officers
in said park and held pending the prosecution of any person or
persons arrested under charge of violating the provisions of this
Act, and upon conviction under this Act of such person or persons
using said guns, traps, teams, horses, or other means of
transportation such forfeiture shall be adjudicated as a penalty in
addition to the other punishment provided in this Act. Such
forfeited property shall be disposed of and accounted for by and
under the authority of the Secretary of the Interior.
-SOURCE-
(May 7, 1894, ch. 72, Sec. 4, 28 Stat. 73; June 28, 1916, ch. 179,
39 Stat. 238.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act May 7, 1894, which is
classified to sections 24 to 30a 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 21b, 30a of this title.
-End-
-CITE-
16 USC Secs. 27 to 29 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Secs. 27 to 29. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.
992, eff. Sept. 1, 1948
-MISC1-
Section 27, acts May 7, 1894, ch. 72, Sec. 5, 28 Stat. 74; Mar.
3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; June 28, 1938, ch. 778,
Sec. 1, 52 Stat. 1213, related to jurisdiction and powers of
commissioner [now magistrate judges]. See sections 131, 631, and
632 of Title 28, Judiciary and Judicial Procedure.
Section 28, act May 7, 1894, ch. 72, Sec. 6, 28 Stat. 75, related
to deputy marshals. See section 562 of Title 28.
Section 29, acts May 7, 1894, ch. 72, Sec. 7, 28 Stat. 75; Apr.
17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42
Stat. 1560, related to compensation of commissioners [now
magistrate judges], marshals, and United States attorneys. See
sections 548, 571, 572, and 634 of Title 28.
-End-
-CITE-
16 USC Sec. 30 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 30. Jail building; office of magistrate judge
-STATUTE-
The Secretary of the Interior shall cause to be erected in
Yellowstone National Park a suitable building to be used as a jail,
and also having in said building an office for the use of the
United States magistrate judge.
-SOURCE-
(May 7, 1894, ch. 72, Sec. 9, 28 Stat. 75; Pub. L. 90-578, title
IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-COD-
CODIFICATION
Section 9 of the act of May 7, 1894, contained the added clause,
"the cost of such building not to exceed five thousand dollars, to
be paid out of any moneys in the Treasury not otherwise
appropriated upon certificate of the Secretary as a voucher
therefor," which was superseded by the provisions contained in
section 451 of this title.
-CHANGE-
CHANGE OF NAME
"United States magistrate judge" substituted in text for
"magistrate" pursuant to section 321 of Pub. L. 101-650, set out as
a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, "magistrate" substituted for "commissioner"
pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of
Title 28.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 21b, 30a of this title.
-End-
-CITE-
16 USC Sec. 30a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 30a. Existing laws as affected
-STATUTE-
This Act shall not be construed to repeal existing laws
conferring upon the Secretary of the Interior and the Secretary of
the Army certain powers with reference to the protection,
improvement, and control of the said Yellowstone National Park.
-SOURCE-
(May 7, 1894, ch. 72, Sec. 10, 28 Stat. 75; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act May 7, 1894, which is
classified to sections 24 to 30a of this title. For complete
classification of this Act to the Code, see Tables.
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces' which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 21b of this title.
-End-
-CITE-
16 USC Sec. 31 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 31. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948
-MISC1-
Section, act May 7, 1894, ch. 72, Sec. 8, 28 Stat. 75, related to
payment of costs and expenses.
-End-
-CITE-
16 USC Sec. 32 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 32. Lease of lands within park
-STATUTE-
The Secretary of the Interior is authorized and empowered to
lease for a period not exceeding twenty years, at an annual rental
to be determined by him, to any person, corporation, or company he
may authorize to transact business in the Yellowstone National
Park, separate tracts of land, not exceeding twenty acres each, at
such places not to exceed ten in number to any one person,
corporation, or company, in said park as the comfort and
convenience of visitors may require for the construction and
maintenance of substantial hotel buildings and buildings for the
protection of stage, stock, and equipment.
Such lease or leases shall not include any of the geysers or any
objects of curiosity or interest in said park, or exclude the
public from free and convenient approach thereto, or include any
ground within one-eighth of a mile of any of the geysers of the
Yellowstone Falls, the Grand Canyon, or the Yellowstone River,
Mammoth Hot Springs, or any object of curiosity in the park; nor
shall such lease convey either expressly or by implication any
exclusive privilege within the park, except on the premises held
thereunder and for the time therein granted. Every lease made for
any property of said park shall require the lessee to observe and
obey each and every provision in any Act of Congress, every rule,
order, or regulation made or which shall hereafter be made and
published by the Secretary of the Interior concerning the use,
care, management, or government of the park, or any object or
property therein under penalty of forfeiture of such lease, and
shall be subject to the right of revocation and forfeiture, which
shall therein be reserved by the Secretary of the Interior.
The provisions of this section are not to be construed as
mandatory upon the Secretary of the Interior, but the authority
herein given is to be exercised in his sound discretion.
-SOURCE-
(Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. 2570, 34
Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. 1219.)
-COD-
CODIFICATION
The first paragraph of this section is from act June 4, 1906, as
amended by act Mar. 2, 1907, which changed the authorized term of
leasing from ten years to twenty years as set out above. It
superseded earlier provisions covering similar matter contained in
the first sentence of act Aug. 3, 1894.
The second paragraph of the section is from act Aug. 3, 1894,
which contained a further proviso that "persons or corporations now
holding leases of ground in the park may, upon the surrender
thereof, be granted new leases hereunder, and upon the terms and
stipulations contained in their present leases, with such
modifications, restrictions, and reservations as the Secretary of
the Interior may prescribe" which has been omitted as temporary and
executed.
A further provision that "so much of that portion of the act of
March third, eighteen hundred and eighty-three, relating to the
Yellowstone Park as conflict with the act, be and the same is
hereby, repealed" and the portion of the act March 3, 1883,
referred to in such provision, have been omitted from the Code, the
last named portion having been superseded by the Acts cited to
text.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 33 of this title.
-End-
-CITE-
16 USC Sec. 33 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 33. Mortgages by lessees within the park
-STATUTE-
Any person, corporation, or company holding a lease within
Yellowstone Park for the purposes described in section 32 of this
title is authorized, with the approval of the Secretary of the
Interior, to execute mortgages upon his or its rights, properties,
and franchises, including his or its contract or contracts with the
Secretary of the Interior, and such mortgages, together with the
approval of the Secretary of the Interior may be filed for record
in the office of the Secretary of the Interior, and when so
recorded shall have all the effect of a public record. Any
mortgage, lien, or encumbrance created under the provisions of this
section shall be subject to the rights of the Government to compel
the enforcement of the terms of the lease or contract of the
mortgagor, and any purchaser under a foreclosure of such
encumbrance shall take subject to all the conditions assumed by the
original lessee or contractor.
-SOURCE-
(June 4, 1906, ch. 2570, 34 Stat. 207.)
-End-
-CITE-
16 USC Sec. 34 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 34. Road extensions
-STATUTE-
Road extensions and improvements shall be made in the Yellowstone
National Park under and in harmony with the general plan of roads
and improvements to be approved by the Secretary of the Interior.
-SOURCE-
(July 1, 1918, ch. 113, Sec. 1, 40 Stat. 678.)
-End-
-CITE-
16 USC Sec. 35 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 35. Private use of electricity from lighting and power plant (continued)