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-STATUTE-
Private parties or companies doing business in the Yellowstone
National Park under authority from the Government may be permitted,
in the discretion of the Secretary of the Army, to use electricity
furnished by the electric lighting and power plant of Fort
Yellowstone and Mammoth Hot Springs at actual cost to the
Government for operation, maintenance, and depreciation of the
plant and 10 per centum additional, under such regulations as may
be prescribed by the Secretary of the Army.
-SOURCE-
(Mar. 3, 1903, ch. 1007, Sec. 1, 32 Stat. 1130; 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205(a) of act July 26, 1947, was repealed by section 53 of act Aug.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. 36 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 36. Disposition of surplus elk, buffalo, bear, beaver, and
predatory animals
-STATUTE-
The Secretary of the Interior is authorized, in his discretion
and under regulations to be prescribed by him, to give surplus elk,
buffalo, bear, beaver, and predatory animals inhabiting Yellowstone
National Park to Federal, State, county, and municipal authorities
for preserves, zoos, zoological gardens, and parks. He may sell or
otherwise dispose of the surplus buffalo of the Yellowstone
National Park herd, and all moneys received from the sale of any
such surplus buffalo shall be deposited in the Treasury of the
United States as miscellaneous receipts.
-SOURCE-
(Jan. 24, 1923, ch. 42, 42 Stat. 1214.)
-End-
-CITE-
16 USC Sec. 36a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 36a. Disposition of surplus elk
-STATUTE-
The Secretary of the Interior is authorized in his discretion,
and under regulations to be prescribed by him, to sell or otherwise
dispose of the surplus elk from the Yellowstone National Park herd,
and all moneys received from the sale of any such surplus elk shall
be deposited in the Treasury of the United States as miscellaneous
receipts.
-SOURCE-
(Mar. 4, 1929, ch. 707, 45 Stat. 1644.)
-End-
-CITE-
16 USC Sec. 37 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 37. Provision of feed and range facilities for game animals
-STATUTE-
As a means of providing within township 8 south, ranges 7 and 8
east, and township 9 south, ranges 7, 8, and 9 east, Montana
principal meridian, the winter range and winter feed facilities
indispensable for the adequate and proper protection, preservation,
and propagation of the elk, antelope, and other game animals of the
Yellowstone National Park and adjacent lands, the Secretary of the
Interior, in his discretion, and subject to the limitation
hereinafter prescribed may, and is, authorized to perform the
following acts:
(a) Accept and deposit in a special fund in the Treasury, and
expend for the acquisition of lands as herein authorized, private
funds donated for such purpose.
(b) Acquire by purchase, or by acceptance of donations or
bequests, such lands in private or State ownership within the
townships above described as he may deem necessary to carry out the
purpose of sections 37 to 40 of this title.
-SOURCE-
(May 26, 1926, ch. 399, Sec. 1, 44 Stat. 655.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 38, 39, 40 of this title.
-End-
-CITE-
16 USC Sec. 38 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 38. Exchange for State or private lands authorized
-STATUTE-
The Secretary of Agriculture is authorized in his discretion to
accept, on behalf of the United States, title to any lands held in
private or State ownership within the townships described in
section 37 of this title, and in exchange therefor may patent not
to exceed an equal value of national forest land in the State of
Montana, surveyed and nonmineral in character, or the Secretary of
Agriculture may authorize the grantor to cut and remove not to
exceed an equal value of timber within the national forests of said
State, the values in each case to be determined by the Secretary of
Agriculture: Provided, That before any such exchange is effected,
notice of the contemplated exchange reciting the lands involved
shall be published once each week for four successive weeks in some
newspaper of general circulation in the county or counties in which
may be situated the lands to be accepted and in some like newspaper
published in any county in which may be situated any lands or
timber to be given in such exchange. Timber given in exchange shall
be cut and removed from national forests under the laws and
regulations relating to the national forests and under the
direction and supervision and in accordance with the requirements
of the Secretary of Agriculture.
-SOURCE-
(May 26, 1926, ch. 399, Sec. 2, 44 Stat. 655; Pub. L. 86-509, Sec.
1(f), June 11, 1960, 74 Stat. 205.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions of Secretary of the Interior under this section, with
respect to exchanges of lands held in private or State ownership
for national forest lands or timber in Montana, transferred to
Secretary of Agriculture, see Pub. L. 86-509, June 11, 1960, 74
Stat. 205, set out as a note under section 2201 of Title 7,
Agriculture.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 37, 39, 40 of this title.
-End-
-CITE-
16 USC Sec. 39 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 39. Reservation of timber, minerals, or easements by owners on
exchange
-STATUTE-
Reservations of timber, minerals, or easements, the values of
which shall be duly considered in determining the values of the
lands conveyed, may be made by the owner or owners thereof in lands
conveyed to the United States under the provisions of sections 37
to 40 of this title. Where such reservations are made, the right to
enjoy them shall be subject to such reasonable conditions
respecting ingress and egress and the use of the surface of the
land as may be deemed necessary by the Secretary of the Interior or
the Secretary of Agriculture, whichever may be responsible for the
handling and use of the land as provided in said sections:
Provided, That all property, rights, easements, and benefits
authorized by this section to be retained by or reserved to owners
of land conveyed to the United States shall be subject to the tax
laws of the States where such lands are located.
-SOURCE-
(May 26, 1926, ch. 399, Sec. 3, 44 Stat. 656.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 37, 40 of this title.
-End-
-CITE-
16 USC Sec. 40 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 40. Additions to park; entry under other acts
-STATUTE-
The President of the United States is authorized, in his
discretion, to add by Executive proclamation to Yellowstone
National Park any or all of the lands within a certain territory or
tract in township 9 south, ranges 7 and 8 east, Montana principal
meridian, to wit: Beginning at a point on the north line of said
Yellowstone National Park where said line crosses the divide
between Reese Creek and Mol Heron Creek, thence northeasterly along
said divide to the junction of said divide with the branch divide
north and west of Reese Creek; thence along said branch divide in a
northeasterly and easterly direction around the drainage of Reese
Creek, to the Yellowstone River; thence southerly and southeasterly
along the west bank of the Yellowstone River to the line marking
the western limits of the town of Gardiner, Montana; thence south
on said town limits line to the northern boundary of Yellowstone
National Park; thence west along the north boundary of Yellowstone
National Park to the point of beginning, which are unappropriated
lands of the United States or which may be acquired by the United
States under the provisions of sections 37 to 40 of this title,
within the territory described in this section, subject, however,
to all valid existing claims and to reservations such as are
authorized by section 39 of this title; but, with the exception of
valid existing claims, no land so added to Yellowstone National
Park shall be subject to entry under the mining laws of the United
States: Provided, That the Secretary of the Interior for such lands
as are added to Yellowstone National Park may provide by rules and
regulations for the management and use of the added lands as may in
his discretion be necessary to accomplish the purposes of sections
37 to 40 of this title: And provided further, That the lands of the
United States acquired by donation or purchase within the area
described in section 37 of this title shall not be subject to
location and entry under the mining laws of the United States nor
the Act of June 11, 1906, authorizing homestead entries in national
forests.
-SOURCE-
(May 26, 1926, ch. 399, Sec. 6, 44 Stat. 656.)
-REFTEXT-
REFERENCES IN TEXT
The mining laws of the United States, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
Act of June 11, 1906, referred to in text, means act June 11,
1906, ch. 3074, 34 Stat. 233, which was classified to sections 506
to 508 and 509 of this title, and was repealed by Pub. L. 87-869,
Sec. 4, Oct. 23, 1962, 76 Stat. 1157.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 37, 39 of this title.
-End-
-CITE-
16 USC Sec. 40a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 40a. Educational facilities for dependents of employees;
payments to school districts; limitation on amount
-STATUTE-
Under such regulations as may be prescribed by the Secretary of
the Interior, payments may be made, as provided in sections 40a to
40c of this title, in advance or otherwise, from any revenues
received by the United States from visitors to Yellowstone National
Park, to the appropriate school district or districts serving that
park, as reimbursement for educational facilities (including, where
appropriate, transportation to and from school) furnished by the
said district or districts to pupils who are dependents of persons
engaged in the administration, operation, and maintenance of the
park, and living at or near the park upon real property of the
United States not subject to taxation by the State or local
agencies and upon which payments in lieu of taxes are not made by
the United States: Provided, That the payments for any school year
for the aforesaid purpose shall not exceed that part of the cost of
operating and maintaining such facilities which the number of
pupils, in average daily attendance during that year, bears to the
whole number of pupils in average daily attendance at those schools
for that year.
-SOURCE-
(June 4, 1948, ch. 417, Sec. 1, 62 Stat. 338.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 40b, 40c of this title.
-End-
-CITE-
16 USC Sec. 40b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 40b. Cooperative agreements with States or local agencies;
expansion; Federal contributions
-STATUTE-
If in the opinion of the Secretary of the Interior, the aforesaid
educational facilities cannot be provided adequately and payment
made therefor on a pro rata basis, as prescribed in section 40a of
this title, the Secretary of the Interior, in his discretion, may
enter into cooperative agreements with States or local agencies for
(a) the operation of school facilities, (b) for the construction
and expansion of local facilities at Federal expense, and (c) for
contribution by the Federal Government, on an equitable basis
satisfactory to the Secretary, to cover the increased cost to local
agencies for providing the educational services required for the
purposes of sections 40a to 40c of this title.
-SOURCE-
(June 4, 1948, ch. 417, Sec. 2, 62 Stat. 339.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 40a, 40c of this title.
-End-
-CITE-
16 USC Sec. 40c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER V - YELLOWSTONE NATIONAL PARK
-HEAD-
Sec. 40c. Creation of special fund; expenditure
-STATUTE-
For the purposes of sections 40a and 40b of this title, the
Secretary of the Treasury is authorized to maintain hereafter in a
special fund a sufficient portion of the park revenues, based upon
estimates to be submitted by the Secretary of the Interior, and to
expend the same upon certification by the Secretary of the
Interior.
-SOURCE-
(June 4, 1948, ch. 417, Sec. 3, 62 Stat. 339.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 40a, 40b of this title.
-End-
-CITE-
16 USC SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL
PARKS 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-MISC1-
GENERAL GRANT NATIONAL PARK ABOLISHED
General Grant National Park was abolished and lands transferred
to Kings Canyon National Park, see section 80a of this title.
-End-
-CITE-
16 USC Sec. 41 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 41. Sequoia National Park; establishment; boundaries;
trespassers
-STATUTE-
The tract of land in the State of California known and described
as township numbered 18 south, of range numbered 30 east, also
township 18 south, range 31 east; and sections 31, 32, 33, and 34,
township 17 south, range 30 east, all east of Mount Diablo
meridian, 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 pleasure ground, for the benefit and
enjoyment of the people; and all persons who shall locate or settle
upon, or occupy the same or any part thereof except as provided in
section 43 of this title, shall be considered trespassers and
removed therefrom.
-SOURCE-
(Sept. 25, 1890, ch. 926, Sec. 1, 26 Stat. 478.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 45f, 471d of this title.
-End-
-CITE-
16 USC Sec. 42 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 42. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028
-MISC1-
Section, act July 1, 1916, ch. 209, Sec. 1, 39 Stat. 308, related
to donations of lands or rights-of-way. For general provisions
relating to donations of lands, etc., see section 6 of this title.
-End-
-CITE-
16 USC Sec. 43 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 43. Sequoia National Park; rules and regulations; leases; fish
and game; trespassers
-STATUTE-
Sequoia National Park shall be under the exclusive control of the
Secretary of the Interior, whose duty it shall be to make and
publish such rules and regulations as he may deem necessary or
proper for the care and management of the same. Such regulations
shall provide for the preservation from injury of all timber,
mineral deposits, natural curiosities or wonders within said park,
and their retention in their natural condition. He may, in his
discretion, grant leases for building purposes for terms not
exceeding thirty years of small parcels of ground not exceeding
five acres, at such places in said park as shall require the
erection of buildings for the accommodation of visitors. He shall
provide against the wanton destruction of the fish and game found
within said 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,
shall be authorized to take all such measures as shall be necessary
or proper to fully carry out the objects and purposes of this
section and section 41 of this title.
-SOURCE-
(Sept. 25, 1890, ch. 926, Sec. 2, 26 Stat. 478; Aug. 25, 1916, ch.
408, Sec. 3, 39 Stat. 535; Pub. L. 85-434, May 29, 1958, 72 Stat.
152.)
-COD-
CODIFICATION
"Thirty years" 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 contained a further provision
that "all of the proceeds of said leases and other revenues that
may be derived from any source connected with said park to be
expended under his [Secretary of the Interior] direction in the
management of the same and the construction of roads and paths
therein". This provision was superseded by section 452 of this
title providing for the disposition of all revenues from the
national parks.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 41, 45f of this title.
-End-
-CITE-
16 USC Secs. 44, 45 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Secs. 44, 45. Transferred
-COD-
CODIFICATION
Section 44, act Oct. 1, 1890, ch. 1263, Sec. 1, 26 Stat. 650,
which related to lands in California set aside as reserved forest
lands, was transferred to section 471c of this title.
Section 45, act Oct. 1, 1890, ch. 1263, Sec. 3, 26 Stat. 651,
which related to additional forest reserves in California, was
transferred to section 471d of this title.
-End-
-CITE-
16 USC Sec. 45a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45a. Sequoia National Park; revision of boundaries
-STATUTE-
The boundaries of the Sequoia National Park, California, are
changed as follows:
Beginning at the southwest corner of the present boundary of
Sequoia National Park, being the southwest corner of township 18
south, range 30 east of the Mount Diablo base and meridian,
California, thence easterly along the present south boundary of
Sequoia National Park to its intersection with the hydrographic
divide between the headwaters of South Fort (!1) Kaweah River and
the headwaters of that branch of Little Kern River known as Pecks
Canyon; thence southerly and easterly along the crest of the
hydrographic divide between Pecks Canyon and Soda Creek to its
intersection with a lateral divide at approximately the east line
of section 2, township 19 south, range 31 east; thence
northeasterly along said lateral divide to its intersection with
the township line near the southeast corner of township 18 south,
range 31 east of the Mount Diablo base and meridian; thence north
approximately thirty-five degrees west to the summit of the butte
next north of Soda Creek (United States Geological Survey altitude
eight thousand eight hundred and eighty-eight feet); thence
northerly and northwesterly along the crest of the hydrographic
divide to a junction with the crest of the main hydrographic divide
between the headwaters of the South Fork of the Kaweah River and
the headwaters of Little Kern River; thence northerly along said
divide now between Horse and Cow Creeks and the headwaters of East
Fork Kaweah River to its intersection with the present east
boundary of Sequoia National Park, approximately at Tar Gap, being
the east line of township 17 south, range 30 east; thence northerly
along said line to its intersection with the main hydrographic
divide north of East Fork Kaweah River; thence easterly following
said divide, passing through Timber Gap to the summit of Sawtooth
Peak; thence southeasterly along the crest of the Great Western
Divide to the summit of Coyote Peaks (United States Geological
Survey bench mark, altitude ten thousand nine hundred and nineteen
feet); thence northeasterly following the main hydrographic divide
south of Coyote Creek to the junction of Coyote Creek and Kern
River; thence due east across Kern River to the east bank; thence
following said east bank of Kern River northerly to the junction of
Golden Trout Creek and Kern River; thence northeasterly following
the main hydrographic divide north of Golden Trout Creek, and
between the headwaters of Golden Trout Creek and Rock Creek to a
junction with the main crest of the Sierra Nevada, northwest of
Cirque Peak; thence northerly and westerly along said main crest of
the Sierra Nevada to Junction Peak (United States Geological Survey
bench mark thirteen thousand nine hundred and three feet); thence
westerly along the crest of the Kings-Kern Divide to a junction
with the crest of the Great Western Divide at Thunder Mountain
(United States Geological Survey bench mark thirteen thousand five
hundred and seventy-eight feet); thence southwesterly along the
crest of the Great Western Divide to Triple Divide Peak (United
States Geological Survey altitude twelve thousand six hundred and
fifty-one feet); thence westerly and northwesterly along the crest
of the hydrographic divide between the headwaters of Roaring River
and the headwaters of the Middle and Marble Forks of the Kaweah
River to Kettle Peak (United States Geological Survey altitude ten
thousand and thirty-eight feet); thence westerly and southwesterly
along the crest of the main hydrographic divide next north of
Clover Creek and Dorst Creek to the Junction of Stony Creek and
Dorst Creek; thence following the west bank of the North Fork
Kaweah River to its junction with Cactus Creek; thence easterly
along the first hydrographic divide south of Cactus Creek to its
intersection with the present west boundary of Sequoia National
Park, being the west line of township 16 south, range 29 east;
thence southerly along said west boundary to the southwest corner
of said township; thence easterly along the present boundary of
Sequoia National Park, being the north line of township 17 south,
range 29 east, to the northeast corner of said township; thence
southerly along the present boundary of Sequoia National Park,
being the west lines of townships 17 and 18 south, range 30 east,
to the place of beginning; and all of those lands lying within the
boundary line above described are included in and made a part of
the Roosevelt-Sequoia National Park; and all of those lands
excluded from the present Sequoia National Park are included in and
made a part of the Sequoia National Forest, subject to all laws and
regulations applicable to the national forests.
-SOURCE-
(July 3, 1926, ch. 744, Sec. 1, 44 Stat. 818.)
-MISC1-
EXCLUSION AND ADDITION OF LANDS
Certain lands excluded from Kings Canyon National Park and added
to Sequoia National Forest, see section 80a-1 of this title.
Certain lands excluded from Sequoia National Forest and added to
Kings Canyon National Park, see section 80a-2 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 45e of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "Fork".
-End-
-CITE-
16 USC Sec. 45a-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45a-1. Addition of lands authorized
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept title to lands and interests in lands near the entrance
to the Sequoia National Park, subject to existing easements for
public highways and public utilities, within the following
described tracts:
Tract A. A portion of tract 37, township 17 south, range 29 east,
Mount Diablo meridian, Tulare County, California, comprising
approximately two acres.
Tract B. A portion of the east half of the northeast quarter of
section 4, township 17 south, range 29 east, Mount Diablo meridian,
Tulare County, California, comprising approximately thirty-eight
acres.
Tract C. A portion of the south half of tract 37, township 17
south, range 29 east, Mount Diablo meridian, Tulare County,
California, comprising approximately sixty one-hundredths acre.
The owners of the lands to be conveyed to the United States,
before any exchange is effective, shall furnish to the Secretary of
the Interior evidence satisfactory to him of title to such lands.
Such property shall become a part of the Sequoia National Park upon
the acceptance of title thereto by the Secretary, and shall
thereafter be subject to all laws and regulations applicable to the
park.
-SOURCE-
(Dec. 21, 1943, ch. 372, Sec. 1, 57 Stat. 606.)
-MISC1-
ELECTRIC POWER DEVELOPMENT PERMITS
Pub. L. 99-338, June 19, 1986, 100 Stat. 641, as amended by Pub.
L. 103-437, Sec. 6(d)(4), Nov. 2, 1994, 108 Stat. 4583, provided:
"That the Secretary of the Interior is hereby authorized to issue a
permit for ten years, and may issue not more than one renewal of
equivalent duration, for portions of an existing hydroelectric
project, known as the Kaweah Project of Southern California Edison
Company, to continue to occupy and use lands of the United States
within Sequoia National Park as necessary for continued operation
and maintenance.
"Sec. 2. The Secretary shall not execute any permit renewal prior
to one hundred and twenty calendar days from the date the same is
submitted to the Committee on Energy and Natural Resources of the
United States Senate and to the Committee on Natural Resources [now
Committee on Resources] of the United States House of
Representatives.
"Sec. 3. The permit shall contain a provision prohibiting
expansion of the Kaweah Project in Sequoia National Park and shall
also contain such other terms and conditions as the Secretary of
the Interior shall deem necessary and proper for the management and
care of Sequoia National Park and the purposes for which it was
established."
Pub. L. 93-522, Dec. 14, 1974, 88 Stat. 1660, as amended by Pub.
L. 95-625, title III, Sec. 314(d)(3), Nov. 10, 1978, 92 Stat. 3482,
authorized Secretary of the Interior to issue a permit to occupy
and use lands of United States within Sequoia National Park
necessary for continued operation, maintenance, and use of
hydroelectric project known as the Kaweah Number 3 project of
Southern California Edison Company, provided that in no event could
the term of such permit extend for any period in excess of ten
years following the date of its issuance, unless specifically
authorized by law, provided for terms and conditions of permit,
required report on impact of hydroelectric project, and provided
for applicability of the Act.
Pub. L. 88-47, June 21, 1963, 77 Stat. 70, authorized Secretary
of the Interior to issue a permit to use and occupy United States
lands within Sequoia National Park necessary for continued
operation, maintenance, and use of the Kaweah number 3
hydroelectric project of Southern California Edison Company, which
by its terms was to provide that any privileges granted thereunder
were to be exercised in accord with Federal Power Act (16 U.S.C.
791a et seq.) and rules and regulations promulgated thereunder, and
which was to expire no later than Aug. 6, 1974.
Section 3 of act Dec. 21, 1943, provided as follows: "Nothing in
this Act [sections 45a-1 and 45a-2 of this title] shall be
construed to alter or affect in any manner the provisions, or
extend the term, of the permit heretofore granted to the Southern
California Edison Company and predecessors thereof for the use of
lands in the Sequoia National Park for electric power development
purposes, or to relieve the company of any financial or other
obligation under said permit, or under agreements or orders
relating or supplementary thereto."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 45a-2 of this title.
-End-
-CITE-
16 USC Sec. 45a-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45a-2. Exchange of certain lands for lands conveyed to United
States
-STATUTE-
In exchange for the conveyance to the United States of tract A,
as provided in section 45a-1 of this title, the Secretary is
authorized, in his discretion, to patent to the owner of tract A,
subject to such terms and conditions as the Secretary may deem
necessary, certain lands of approximately equal value described as
follows:
Tract D. A portion of the southeast quarter of section 33,
township 16 south, range 29 east, Mount Diablo meridian, Tulare
County, California, comprising approximately two and fifty
one-hundredths acres.
In exchange for the conveyance to the United States of tracts B
and C, as provided in section 45a-1 of this title, the Secretary is
authorized to patent, in a similar manner, to the owner of tracts B
and C certain lands of approximately equal value described as
follows:
Tract E. The southwest quarter of the northwest quarter of
section 4, which shall be subject to section 818 of this title; the
south half of the northeast quarter of section 5; and approximately
sixty-eight acres of the north half of the southeast quarter of
section 5, which shall not include the surveyed two-hundred-foot
strip as shown on map "D" of exhibit "K", entitled "Detailed Map of
Kaweah Project of the Southern California Edison Company, Ltd.",
and filed in the office of the Federal Power Commission on December
12, 1923; all of said lands in tract E being situated in township
17 south, range 29 east, Mount Diablo meridian, comprising
approximately one hundred and eighty-eight acres.
-SOURCE-
(Dec. 21, 1943, ch. 372, Sec. 2, 57 Stat. 606.)
-End-
-CITE-
16 USC Sec. 45a-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45a-3. Repealed. Pub. L. 95-625, title III, Sec. 314(g), Nov.
10, 1978, 92 Stat. 3483
-MISC1-
Section, Pub. L. 85-648, Aug. 14, 1958, 72 Stat. 604, authorized
addition of certain lands to the Sequoia National Game Refuge and
exclusion of such lands from the Sequoia National Park. See section
45f(b)(2) of this title.
EFFECTIVE DATE OF REPEAL
Repeal effective on transfer of abolished Sequoia National Game
Refuge by Secretary of Agriculture to administrative jurisdiction
of the Secretary of the Interior under section 45f(b)(2) of this
title, see section 314(g) of Pub. L. 95-625, set out as an
Effective Date of Repeal note under section 688 of this title.
-End-
-CITE-
16 USC Sec. 45b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45b. Rules and regulations; leases; fish and game
-STATUTE-
The said park shall be under the exclusive control of the
Secretary of the Interior, whose duty it shall be, as soon as
practicable, to make and publish such reasonable rules and
regulations, not inconsistent with the laws of the United States,
as he may deem necessary or proper for the care, protection,
management, and improvement of the same, such regulations being
primarily aimed at the freest use of said park for recreation
purposes by the public and for the preservation from injury or
spoliation of all timber, natural curiosities, or wonders within
said park and their retention in their natural condition as far as
practicable, and for the preservation of said park in a state of
nature so far as is consistent with the purposes of this Act. Such
rules and regulations shall permit the taking of fish by hook and
line from the streams or lakes in said park, but at such seasons,
during such times, and in such manner as may be directed by the
Secretary of the Interior. Such rules and regulations, however,
shall provide against the destruction of the wild life within said
park, and the Secretary of the Interior is authorized to take all
such measures as shall be necessary to fully carry out the objects
and purposes of this Act. Said Secretary may, in his discretion,
execute leases to parcels of ground not exceeding ten acres in
extent at any one place to any one person or persons or company for
not to exceed twenty years, when such ground is necessary for the
erection of buildings for the accommodation of visitors. Such
leases or privileges may be renewed or extended at the expiration
of the terms thereof: Provided, That existing leases from the
Department of Agriculture may be continued, in the discretion of
the Secretary of the Interior, for so long as such extension is not
detrimental to the public purposes for which the park is created.
-SOURCE-
(July 3, 1926, ch. 744, Sec. 2, 44 Stat. 820.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act July 3, 1926, which is
classified to sections 45a, 45b to 45e, and 688 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 45e of this title.
-End-
-CITE-
16 USC Sec. 45c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45c. Prior claims, locations, and entries; permits for use of
natural resources
-STATUTE-
Nothing herein contained shall affect any valid existing claim,
location, or entry established prior to July 3, 1926, 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: Provided, That under rules and
regulations to be prescribed by him the Secretary of the Interior
may issue permits to any bona fide claimant, entryman, landowner,
or lessee of land within the boundaries herein established to
secure timber for use on and for the improvement of his land; and
he shall also have authority to issue, under rules and regulations
to be prescribed by him, grazing permits and authorize the grazing
of livestock on the lands within said park at fees not to exceed
those charged by the Forest Service on adjacent areas, so long as
such timber cutting and grazing are not detrimental to the primary
purpose for which such park is created: Provided, That no permit,
license, lease, or authorization for dams, conduits, reservoirs,
power houses, transmission lines, or other works for storage or
carriage of water, or for the development, transmission, or
utilization of power within the limits of said park as constituted
by said sections, shall be granted or made without specific
authority of Congress.
-SOURCE-
(July 3, 1926, ch. 744, Sec. 3, 44 Stat. 820.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act July 3, 1926, which is
classified to sections 45a, 45b to 45e, and 688 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 45e of this title.
-End-
-CITE-
16 USC Sec. 45d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45d. Exclusive privileges within park prohibited
-STATUTE-
No exclusive privilege shall be granted within said park, or on
or over the roads and trails therein, except upon ground leased for
the erection of buildings or camps thereon.
-SOURCE-
(July 3, 1926, ch. 744, Sec. 4, 44 Stat. 820.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 45e of this title.
-End-
-CITE-
16 USC Sec. 45e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45e. Violations of park regulations; penalty
-STATUTE-
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, natural
curiosities, or other objects within said park, or for the
protection of the animals, birds, and fish in 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.
-SOURCE-
(July 3, 1926, ch. 744, Sec. 5, 44 Stat. 820.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act July 3, 1926, which is
classified to sections 45a, 45b to 45e, and 688 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 45b of this title.
-End-
-CITE-
16 USC Sec. 45f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
-HEAD-
Sec. 45f. Mineral King Valley addition authorized
-STATUTE-
(a) Statement of purpose
It is the purpose of this section to -
(1) assure the preservation for this and future generations of
the outstanding natural and scenic features of the area commonly
known as the Mineral King Valley and previously designated as the
Sequoia National Game Refuge; and
(2) enhance the ecological values and public enjoyment of such
area by adding such area to the Sequoia National Park.
(b) Drawing copy, availability; boundary revisions: notification of
Congressional committees, publication in Federal Register;
abolition and transfer of Sequoia National Game Refuge to
administrative jurisdiction of Secretary
(1) In order to add to the Sequoia National Park (hereinafter in
this section referred to as the "park") a certain area known as
Mineral King Valley possessing unique natural and scenic values,
there is hereby established as part of such park all lands, waters,
and interests therein, constituting approximately sixteen thousand
two hundred acres designated before November 10, 1978, as the
Sequoia National Game Refuge and as depicted on the drawing
entitled "Boundary Map, Sequoia-Kings Canyon National Park",
numbered 102-90,000 and dated April 1975. A copy of such drawing
shall be on file and available for public inspection in the office
of the Director, National Park Service, Department of the Interior.
After advising the Committee on Natural Resources of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate in writing, the
Secretary is authorized to make minor revisions of the boundaries
of the park when necessary by publication of a revised drawing or
other boundary description in the Federal Register.
(2) The Sequoia National Game Refuge is hereby abolished and the
Secretary of Agriculture shall transfer, without consideration, to
the administrative jurisdiction of the Secretary, the area
constituting such refuge, and any unexpended funds available for
purposes of management of the refuge shall be available for
purposes of management of the park.
(c) Acquisition of property; place and manner; owner's right of use
and occupancy for fixed term of years or life; election of term;
fair market value; termination; notification; incompatible
commercial uses; unitary parcels; access road, right-of-way, and
protective measures; hardship sale offers; limitation of
authority; State donated lands; report to Congressional
committees
(1) Within the boundaries of the area added to the park pursuant
to this section, the Secretary may acquire lands and interests in
lands by donation, purchase with donated or appropriated funds,
exchange, or transfer from other Federal departments or agencies.
(2) Where the private use of any property acquired pursuant to
this subsection would, in the judgment of the Secretary, be
compatible with the purposes of this section, the Secretary may, as
a condition of such acquisition, permit the owner or owners of such
property to retain for themselves and their successors or assigns
rights of use and occupancy. Such rights of use and occupancy shall
be for not more than twenty-five years or for a term ending at the
death of the owner or his or her spouse, whichever is later. The
owner shall reserve such rights and elect the term to be reserved
on the date of acquisition of the property. Except for so much of
the property as is donated, the Secretary shall pay to the owner
the fair market value of the property on the date of its
acquisition, less the fair market value on that date of the right
retained by the owner.
(3) A right of use and occupancy retained pursuant to paragraph
(2) may be terminated by the Secretary upon his determination that
the property or any portion thereof is being used in a manner which
is incompatible with the purposes of this section. Such right shall
terminate by operation of law upon notification by the Secretary to
the holder of the right of such determination and tendering to him
the amount equal to the fair market value of that portion which
remains unexpired as of the date of such tender. In the case of any
property which was used for noncommercial purposes during the ten
calendar years immediately preceding November 10, 1978, the
commercial use of such property subsequent to November 10, 1978,
shall be treated as incompatible with the purposes of this section.
In the case of any property which was used for commercial purposes
at any time during the ten calendar years immediately preceding
November 10, 1978, any substantial change or expansion of such
commercial use subsequent to November 10, 1978, without the express
approval of the Secretary shall be treated as incompatible with
such purposes.
(4) In exercising his authority to acquire property under this
section, the Secretary shall give prompt and careful consideration
to any offer made by an individual owning property within the park
to sell such property if such individual notifies the Secretary
that the continued ownership of such property is causing, or would
result in, undue hardship. Nothing in this section, or in any other
provision of law, shall prevent the Secretary from exercising his
authority to acquire property referred to in this subsection at any
time after November 10, 1978.
(5) If any individual tract or parcel of land acquired is partly
inside and partly outside the boundaries of the park the Secretary
may, in order to minimize the payment of severance damages, acquire
the whole of the tract or parcel.
(6) If the management plan prepared under subsection (e) of this
section provides for improved access to the area added to the park
under this section, the Secretary is authorized to acquire, by
donation, purchase with donated or appropriated funds, exchange or
transfer from other Federal departments or agencies, the area
comprising the road from State Route 198 to, and within, the
Mineral King Valley together with a right-of-way for such road of a (continued)