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(continued)
width sufficient to include improvements to the road and all
bridges, ditches, cuts, and fills appurtenant thereto, but not
exceeding a maximum average width of two hundred feet. Property
acquired from the State or any political subdivision thereof may be
acquired by donation only. With regard to routes of access to and
within the Mineral King Valley, the Secretary shall take such
measures as are necessary to protect against the effects of
siltation on the ecosystem of the park.
(7) The Secretary shall report to the committees of the Congress
named in subsection (b)(1) of this section the action taken by him
pursuant to this subsection. Such report shall contain information
sufficient to inform such committees of -
(A) the acquisitions made by him pursuant to this subsection
during the period covered by such report;
(B) his reasons why all of such property authorized to be
acquired and not so acquired as of the date of such report, if
any, have not been acquired; and
(C) his schedule of a timetable for the acquisition of such
property referred to in subparagraph (B).
Such report shall be submitted before the expiration of the second
fiscal year beginning after the date on which the comprehensive
management plan is submitted to the committees of Congress pursuant
to subsection (e) of this section.
(d) Administration; statutory authorities applicable; leases or
permits: renewals or extensions, review; termination
(1) The area added to the park by this section shall be
administered in accordance with this section and the provisions of
law generally applicable to units of the National Park System
including sections 1, 2, 3, 4, 41, and 43 of this title. Any other
statutory authority available to the Secretary for the conservation
and management of wildlife, wildlife habitat, and natural resources
may be utilized to the extent he finds such authority will further
the purposes of this section.
(2)(A) Except in the case of a lease or permit which the
Secretary determines to be incompatible with the administration of
the park pursuant to this section, any lease or permit on Federal
land within the area added to the park under this section which is
in effect immediately before November 10, 1978, shall continue in
effect pursuant to its terms and conditions following the expansion
of the park under this section.
(B) In the case of a lease or permit which is continued under
subparagraph (A), upon notice to the Secretary by the lessee or
permittee of his intention to seek renewal or extension of such
lease or permit, the lease or permit shall be reviewed by the
Secretary, and may be renewed or extended for an additional period
of five years. Any such lease or permit shall be reviewed at the
end of such renewal or extension period and may also be renewed or
extended in the same manner for additional five-year periods
thereafter. Any renewals or extensions of leases or permits shall
be granted only to those persons who were lessees or permittees of
record on November 10, 1978, and any such lease or permit shall
provide that the lease or permit may be terminated by the Secretary
at any time if the Secretary determines that such lease or permit
is incompatible with the administration of the park pursuant to
this section or that the land is needed for park purposes.
(3) Omitted
(e) Comprehensive management plan; submission to Congressional
committees; preparation considerations; public participation;
advance notice: publication in newspapers and Federal Register,
other communication; cooperation; consultation
(1) Within two years from November 10, 1978, the Secretary, in
cooperation with the State of California, shall develop and submit
to the Committee on Interior and Insular Affairs of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate, a comprehensive
management plan for the area added to the park under this section.
In the preparation of such plan, the Secretary shall give
appropriate consideration to the need for the development of
additional recreational opportunities and other public uses which
are consistent with sound environmental management of the area and
the policies of the National Park Service.
(2)(A) In preparing the comprehensive management plan required by
this subsection and in preparing any subsequent revision of such
plan, the Secretary shall provide for full public participation and
shall consider the comments and views of all interested agencies,
organizations, and individuals.
(B) For purposes of insuring such full public participation, the
Secretary shall provide reasonable advance notice to State and
local governments, interested Federal agencies, private
organizations, and the general public of hearings, workshops,
meetings, and other opportunities available for such participation.
Such notice shall be published in newspapers of general circulation
in the localities affected by the development and management of the
park, published in the Federal Register, and communicated by other
appropriate means. The Western Regional Advisory Committee of the
National Park Service (or a subcommittee thereof) shall also be
utilized for purposes of facilitating public involvement.
(C) The Secretaries or Directors of all Federal departments,
agencies, and commissions having a relevant expertise are hereby
authorized and directed to cooperate with the Secretary in his
development of such plan and to make such studies as the Secretary
may request on a cost reimbursable basis.
(D) In preparing the comprehensive management plan required by
this subsection, the Secretary shall consider technical information
and other pertinent data assembled or produced by field studies or
investigations conducted separately or jointly by the technical and
administrative personnel of the Federal and State agencies involved
in order to insure the permanent conservation of wildlife within
the area added to the park by this section. Except in emergencies,
rules and regulations pertaining to the management of wildlife
within the area added to the park by this section shall be put into
effect only after consultation with the State of California.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may
be necessary for the acquisition of land and interests therein
described in this section.
(g) Omitted
(h) Skiing prohibition
The Congress recognizes that the Mineral King Valley area has
outstanding potential for certain year-round recreational
opportunities, but the development of permanent facilities for
downhill skiing within the area would be inconsistent with the
preservation and enhancement of its ecological values.
-SOURCE-
(Pub. L. 95-625, title III, Sec. 314, Nov. 10, 1978, 92 Stat. 3479;
Pub. L. 103-437, Sec. 6(d)(5), Nov. 2, 1994, 108 Stat. 4583.)
-REFTEXT-
REFERENCES IN TEXT
This section, referred to in text, other than as appearing with a
reference to a subsection of this section, means section 314 of
Pub. L. 95-625, which in addition to enacting this section,
repealed sections 45a-3 and 688 of this title, enacted provisions
set out as a note under section 688 of this title, and amended
provisions set out as a note under section 45a-1 of this title.
-COD-
CODIFICATION
Section is comprised of section 314 of Pub. L. 95-625. Subsec.
(d)(3) of section 314 of Pub. L. 95-625 amended Pub. L. 93-522,
which is set out as a note under section 45a-1 of this title.
Subsec. (g) of section 314 of Pub. L. 95-625 repealed sections
45a-3 and 688 of this title and enacted provisions set out as notes
under section 688 of this title.
-MISC1-
AMENDMENTS
1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-End-
-CITE-
16 USC Sec. 45g 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. 45g. Addition to Sequoia National Park
-STATUTE-
(a) In general
As soon as practicable after December 28, 2000, the Secretary of
the Interior shall acquire by donation, purchase with donated or
appropriated funds, or exchange, all interest in and to the land
described in subsection (b) of this section for addition to Sequoia
National Park, California.
(b) Land acquired
The land referred to in subsection (a) of this section is the
land depicted on the map entitled "Dillonwood", numbered
102/80,044, and dated September 1999.
(c) Addition to park
Upon acquisition of the land under subsection (a) of this section
-
(1) the Secretary of the Interior shall -
(A) modify the boundaries of Sequoia National Park to include
the land within the park; and
(B) administer the land as part of Sequoia National Park in
accordance with all applicable laws; and
(2) the Secretary of Agriculture shall modify the boundaries of
the Sequoia National Forest to exclude the land from the forest
boundaries.
-SOURCE-
(Pub. L. 106-574, Sec. 1, Dec. 28, 2000, 114 Stat. 3062.)
-End-
-CITE-
16 USC Sec. 46 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. 46. Yosemite National Park; lands segregated from and included
in Sierra National Forest; rights-of-way over
-STATUTE-
All those tracts or parcels of ground described in section 471c
of this title, but not included within the metes and bounds of the
land hereinafter described are included and made a part of the
Sierra National Forest, namely: The tracts of land in the State of
California known and described as follows: Beginning at the point
where the middle of the channel of the South Fork of the Merced
River intersects the line between sections 3 and 4, township 4
south, range 20 east, Mount Diablo base and meridian; thence
northerly along section lines through the middle of townships 3 and
4 south, range 20 east, to the northwest corner of section 3,
township 3 south, range 20 east; thence westerly along township
line to the southwest corner of section 33, township 2 south, range
20 east; thence northerly along section lines to the northwest
corner of section 21, said township; thence westerly along section
lines to the southwest corner of section 18, said township; thence
southerly along range line to the southeast corner of the northeast
quarter of section 24, township 2 south, range 19 east; thence
westerly to the southwest corner of the northeast quarter of
section 24, said township; thence southerly to the southeast corner
of the southwest quarter of section 24, said township; thence
westerly along section lines to the southwest corner of section 23,
said township; thence northerly along section lines to the
northwest corner of the southwest quarter of section 14, said
township; thence easterly to the northeast corner of the southeast
quarter of section 14, said township; thence northerly along
section line to the northwest corner of section 13, said township;
thence easterly along section line to the northeast corner of
section 13, said township; thence northerly along range line to the
northwest corner of the southwest quarter of section 7, township 2,
south, range 20 east; thence easterly to the northeast corner of
the southeast quarter of section 7, said township; thence southerly
along section line to the northwest corner of section 17, said
township; thence easterly along section lines to the northeast
corner of section 16, said township; thence northerly along section
lines to the northwest corner of section 3, said township; thence
westerly along township line to the southwest corner of section 33,
township 1 south, range 20 east; thence northerly along section
lines to the northwest corner of section 21, said township; thence
westerly along section lines to the southwest corner of section 18,
said township; thence northerly along range line to the northwest
corner of section 6, said township; thence westerly along Mount
Diablo base line to the southwest corner of section 34, township 1
north, range 19 east; thence northerly along section lines through
the middle of townships 1 and 2 north, range 19 east, to the point
of intersection with the summit of the divide between Cherry Creek
on the west and Eleanor and Fall Creeks on the east; thence along
the summit of said divide in a northeasterly direction to the
summit of the Sierra Nevada Mountains; thence southeasterly along
the summit of the Sierra Nevada Mountains to the divide between the
Merced and San Joaquin Rivers; thence southwesterly along said
divide to the point of intersection with the south boundary of
township 4 south, range 23 east, Mount Diablo base and meridian;
thence westerly along township line to the point of intersection
with the middle of the channel of the South Fork of the Merced
River; thence westerly down the middle of said river to the place
of beginning. The lands above described are reserved and withdrawn
from settlement, occupancy, or sale under the laws of the United
States, and set apart as reserved forest lands, subject to all the
provisions of sections 55, 61, 471c and 471d of this title. The
Secretary of the Interior may require the payment of such price as
he may deem proper for privileges on the land herein segregated
from the Yosemite National Park and made a part of the Sierra
National Forest accorded under section 79 of this title, relating
to rights of way over certain parks, reservations, and other lands,
and other acts concerning rights of way over public lands; and the
moneys received from the privileges accorded on the lands herein
segregated and included in the Sierra National Forest shall be paid
into the Treasury of the United States as provided by law. The
forest lands herein set aside and reserved shall be known as the
"Yosemite National Park."
-SOURCE-
(Feb. 7, 1905, ch. 547, Sec. 1, 33 Stat. 702; Mar. 4, 1907, ch.
2907, 34 Stat. 1279.)
-REFTEXT-
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.
For further details, see Codification note set out under section 79
of this title.
-COD-
CODIFICATION
"Sierra National Forest" substituted in text for "Sierra Forest
Reserve" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269,
which provided that forest reserves shall hereafter be known as
national forests.
-MISC1-
ADDITIONS TO YOSEMITE NATIONAL PARK
The following provisions authorized the addition of lands to
Yosemite National Park:
Pub. L. 98-425, title I, Sec. 105(a)(2), (d), Sept. 28, 1984, 98
Stat. 1626.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 48, 49 of this title.
-End-
-CITE-
16 USC Sec. 47 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. 47. Additional lands excluded from Yosemite National Park and
added to Sierra National Forest
-STATUTE-
That portion of the Yosemite National Park lying between the
boundary line described in section 46 of this title and the line
next herein described is excluded from said park and the said
portion so described added to and made a part of the Sierra
National Forest, to wit: Beginning at the point on the line between
sections 35 and 36, township 4 south, range 21 east, where same
intersects the middle of the channel of the South Fork of the
Merced River; thence north on section line to the southwest corner
of section 25; thence west on section lines to the southwest corner
of section 28; thence north on section line to the northwest corner
of section 28; thence west on section line to the quarter-section
corner between sections 20 and 29; thence north through the middle
of section 20 to the center thereof; thence east through the middle
of section 20 to the quarter-section corner between sections 20 and
21; thence north on section line to the quarter-section corner
between sections 16 and 17; thence west through middle of section
17 to the center thereof; thence north through the middle of
sections 17, 8, and 5 to the quarter-section corner of north
boundary of section 5 on township boundary, all in township 4
south, range 21 east; thence north through the middle of section
32, township 3 south, range 21 east, to the center thereof; thence
west through the middle of section 32, said township, and section
36, township 3 south, range 20 east, to the quarter-section corner
between sections 35 and 36; thence north on section line to the
quarter-section corner between sections 25 and 26; thence east
through the middle of section 25 to the center thereof; thence
north through the middle of sections 25 and 24 to the center of
section 24; thence west through the middle of sections 24, 23, and
22 to the quarter-section corner between sections 21 and 22,
township 3 south, range 20 east, on the present western boundary of
the Yosemite National Park. The above-indicated portion of land so
made a part of the Sierra National Forest shall be subject to all
of the Acts of Congress with relation thereto. The Secretary of the
Interior may require the payment of such price as he may deem
proper for privileges on the land herein segregated from the
Yosemite National Park and made a part of the Sierra National
Forest accorded under section 79 of this title, relating to
rights-of-way over certain parks, reservations, and other lands,
and other sections concerning right-of-way over public lands. In
the grant of any right-of-way for railway purposes across the lands
placed under this measure within the Sierra National Forest it
shall be stipulated that no logs or timber shall be hauled over the
same without the consent of the Secretary of the Interior and under
regulations to be promulgated by him.
-SOURCE-
(June 11, 1906, No. 27, Sec. 1, 34 Stat. 831; Mar. 4, 1907, ch.
2907, 34 Stat. 1269.)
-REFTEXT-
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.
For further details, see Codification note set out under section 79
of this title.
-COD-
CODIFICATION
Section is derived from the second paragraph of section 1 of the
Resolution of June 11, 1906. The second paragraph, aforesaid,
originally began with the following words omitted here "The south
and west boundary lines of the Yosemite National Park are hereby
changed as follows:" The first portion of this section before the
colon was derived from a later portion of the original section
reading as follows: "And all that portion of the Yosemite National
Park lying between the boundary line last above mentioned and the
present boundary line of said national park is excluded from said
park; and the said lands so excluded, and all thereof, are added to
and made a part of the Sierra Forest Reserve, and shall hereafter
form a part of said Sierra Forest Reserve, and shall be subject to
all of the Acts of Congress with relation thereto:" The words of
the first sentence of this section "described in section 46 of this
title" replace the words "present boundary line" hereinbefore
quoted.
For the first paragraph of the Resolution of June 11, 1906, see
section 48 of this title.
"Sierra National Forest" substituted in text for "Sierra Forest
Reserve" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269,
which provided that forest reserves shall hereafter be known as
national forests.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 49 of this title.
-End-
-CITE-
16 USC Sec. 47-1 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. 47-1. Administrative site for Yosemite National Park
-STATUTE-
(a) Establishment of site
To enable the Secretary of the Interior to preserve the
extraordinary natural qualities of Yosemite National Park,
notwithstanding its increasing use by the public, the Secretary is
hereby authorized to provide in the manner hereinafter set forth an
administrative site in the El Portal area adjacent to Yosemite
National Park, in order that utilities, facilities, and services
required in the operation and administration of Yosemite National
Park may be located on such site outside the park.
(b) Acquisition of land
For said site the Secretary of the Interior is authorized to
acquire by purchase or donation, or with donated funds,
approximately twelve hundred acres, as shown on map numbered
NP-YOS-7011, of non-Federal land, interests in land, and
appurtenances thereto, and, to avoid severing parcels in private
ownership which extend beyond the area so depicted, the Secretary
of the Interior may acquire in their entirety such parcels of land
or interests therein.
(c) Transfers of jurisdiction
The Secretaries of Agriculture and Interior are authorized to
arrange and effect mutually satisfactory transfers of jurisdiction
over land administered by each in the El Portal area. Land so
transferred to the Secretary of the Interior shall thereupon be
excluded from the national forest or forests involved and
thereafter be administered by the Secretary of the Interior
pursuant to this section as a part of said administrative site.
Land transferred to the Secretary of Agriculture pursuant to this
section shall thereupon become national forest land subject to all
laws, rules, and regulations applicable to land acquired pursuant
to the Week's law.
(d) Pre-existing claim, location, or entry
Nothing herein contained shall affect any valid claim, location,
or entry existing under the land laws of the United States, or the
rights of any such claimant, locator, or entryman to the full use
and enjoyment of his land.
(e) Status of acquired land
Until further action by the Congress, the lands acquired by or
transferred to the Secretary of the Interior hereunder shall not
become a part of Yosemite National Park, nor be subject to the laws
and regulations governing said park, but the Secretary of the
Interior shall have supervision, management, and control of the
area and shall make and publish such rules and regulations as he
may deem necessary and proper for its use and management: Provided,
That he may grant nonexclusive privileges, leases, and permits for
the use of land in the area and enter into contracts relating to
the same, subject to the limitations and conditions applying to the
similar authority provided in section 3 of this title.
(f) Availability of funds
Funds now or hereafter appropriated or otherwise available for
operating and capital programs in the areas administered by the
National Park Service, including funds for acquisition of land and
interests in land, are made available to acquire land, interests in
land, and appurtenances thereto, within the administrative site,
and to further the purpose of this section.
-SOURCE-
(Pub. L. 85-922, Secs. 1-6, Sept. 2, 1958, 72 Stat. 1772.)
-REFTEXT-
REFERENCES IN TEXT
Week's law, referred to in subsec. (c), is act Mar. 1, 1911, ch.
186, 36 Stat. 961, which is classified to sections 480, 500, 513 to
519, 521, 552 and 563 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
552 of this title and Tables.
-COD-
CODIFICATION
Subsecs. (a) to (f) are based on sections 1 to 6, respectively,
of Pub. L. 85-922.
-MISC1-
LAND EXCHANGE, EL PORTAL ADMINISTRATIVE SITE, CALIFORNIA
Pub. L. 105-363, Sec. 4, Nov. 6, 1998, 112 Stat. 3298, authorized
transfer from the United States of land within the El Portal
Administrative Site to party conveying to United States an adjacent
property known as the Yosemite View parcel, and provided for
equalization of values of Federal and non-Federal lands,
applicability of other laws to the exchange, boundary adjustment,
map, and additional terms and conditions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 47-2 of this title.
-End-
-CITE-
16 USC Sec. 47-2 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. 47-2. Leases for employee housing, community facilities,
administrative offices, maintenance facilities, and commercial
services at or on administrative site
-STATUTE-
In furtherance of the purposes of section 47-1 of this title, the
Secretary of the Interior is authorized, notwithstanding any other
provision of law, to lease lands within the El Portal
administrative site for periods of not to exceed ninety-nine years
to any individual, including an employee of the United States
Government, to any operator of concession facilities in the park,
or the administrative site, or its successor, or to any public or
private corporation or organization (including a nonprofit
corporation) for purposes of providing employee housing, community
facilities, administrative offices, maintenance facilities, and
commercial services. Such leases shall provide that if the lessee
is a concessioner, corporation, or other organization (including a
nonprofit corporation) such lessee may sublease the property to its
employees, employees of the United States Government, or other
individuals whose residence on the leased premises is solely in
support of Yosemite National Park or the El Portal administrative
site for terms not to exceed the remaining terms of such leases,
and they shall be subject to such terms and conditions as the
Secretary of the Interior may require to assure appropriate
administration, protection, and development of the land for
purposes incident to the provisions of facilities and services
required in the operation and administration of the park: Provided,
That the Secretary of the Interior shall grant such leases in
consideration of payment to the United States of the fair rental
value of the leased lands, as determined by him.
-SOURCE-
(Pub. L. 90-409, Sec. 1, July 21, 1968, 82 Stat. 393; Pub. L.
99-542, Sec. 1(1)-(3), Oct. 27, 1986, 100 Stat. 3037.)
-COD-
CODIFICATION
Section formerly consisted of subsecs. (a) and (b) which were
based on sections 1 and 2, respectively, of Pub. L. 90-409. Section
2 was renumbered section 3 of Pub. L. 90-409 and is classified to
section 47-4 of this title. A new section 2 of Pub. L. 90-409 was
added and is classified to section 47-3 of this title.
-MISC1-
AMENDMENTS
1986 - Pub. L. 99-542 substituted "not to exceed ninety-nine
years to any individual, including an employee of the United States
Government, to any operator of concession facilities in the park,
or the administrative site, or its successor, or to any public or
private corporation or organization (including a nonprofit
corporation) for purposes of providing employee housing, community
facilities, administrative offices, maintenance facilities, and
commercial services" for "fifty-five years to any operator of
concession facilities in the park, or its successor, for purposes
of providing employee housing", substituted "if the lessee is a
concessioner, corporation, or other organization (including a
nonprofit corporation) such lessee may sublease the property to its
employees, employees of the United States Government, or other
individuals whose residence on the leased premises is solely in
support of Yosemite National Park or the El Portal administrative
site" for "the concessioner may sublease the property to its
employees", struck out "an annual" before "payment" in proviso, and
substituted a period for "at the beginning of each calendar year"
after "him".
LIMITATION ON NEW SPENDING AUTHORITY
Section 2 of Pub. L. 99-542 provided that: "Any new spending
authority (within the meaning of section 401 of the Congressional
Budget and Impoundment Control Act of 1974 [2 U.S.C. 651]) which is
provided under this Act [enacting sections 47-3 to 47-6 of this
title and amending section 47-2 of this title] shall be effective
for any fiscal year only to the extent or in such amounts as
provided in appropriation Acts or to the extent that proceeds are
available from any leases issued by the Secretary pursuant to the
first section of this Act [probably means section 1 of Pub. L.
90-409, 16 U.S.C. 47-2]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 47-3, 47-4, 47-6 of this
title.
-End-
-CITE-
16 USC Sec. 47-3 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. 47-3. Use of proceeds; administration of leases
-STATUTE-
(a) Notwithstanding any other provision of law, the proceeds from
any leases issued by the Secretary pursuant to section 47-2 of this
title may be credited to the appropriation bearing the cost of
administering (directly or by contract) the leases and of
constructing, improving, and maintaining roads, utilities,
buildings, and other facilities within the El Portal administrative
site. In the administration of the leases, the Secretary may
contract for the management of the leases and of the leased
premises, subject to such terms and conditions, including the right
of the Secretary to purchase and sell the unexpired terms of leases
and subleases, as will protect the interests of the United States.
The Secretary may also contract for the use by him of any
improvements to leased property for purposes of the El Portal
administrative site or for purposes of Yosemite National Park, and
he may use the proceeds from any leases for the purpose of making
payments under any such contract.
(b) The Secretary may at any time acquire the unexpired term of
any lease or sublease issued or entered into pursuant to sections
47-2 to 47-6 of this title by purchase with funds available from
the proceeds of leases, or with donated or appropriated funds, or
by donation or exchange.
-SOURCE-
(Pub. L. 90-409, Sec. 2, as added Pub. L. 99-542, Sec. 1(4), Oct.
27, 1986, 100 Stat. 3037.)
-MISC1-
PRIOR PROVISIONS
A prior section 2 of Pub. L. 90-409, which was classified to
section 47-2(b) of this title, was renumbered section 3 of Pub. L.
90-409 and is classified to section 47-4 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 47-4, 47-6 of this title.
-End-
-CITE-
16 USC Sec. 47-4 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. 47-4. Agreements to effectuate leases
-STATUTE-
The Secretary of the Interior may enter into agreements with
other Federal agencies and with any concessioner or its successor
in order to effectuate the purposes of sections 47-2 to 47-6 of
this title.
-SOURCE-
(Pub. L. 90-409, Sec. 3, formerly Sec. 2, July 21, 1968, 82 Stat.
393; renumbered Sec. 3, Pub. L. 99-542, Sec. 1(4), Oct. 27, 1986,
100 Stat. 3037.)
-COD-
CODIFICATION
Section was classified to section 47-2(b) of this title prior to
renumbering by Pub. L. 99-542.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 47-3, 47-6 of this title.
-End-
-CITE-
16 USC Sec. 47-5 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. 47-5. Regulations
-STATUTE-
After October 27, 1986, no lease may be issued for the purpose of
providing housing or other facilities in the El Portal
administrative site except in accordance with regulations
promulgated by the Secretary of the Interior. Such regulations
shall establish the qualifications of natural persons and
corporations who may be eligible to acquire a lease and a sublease,
the process to be used in establishing fees for such leases and
subleases, and they shall set forth the circumstances under which
the Secretary may elect to acquire any unexpired lease or sublease.
Such regulations shall become effective only after sixty calendar
days from the day on which they have been submitted to the
Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
-SOURCE-
(Pub. L. 90-409, Sec. 4, as added Pub. L. 99-542, Sec. 1(5), Oct.
27, 1986, 100 Stat. 3038; amended Pub. L. 103-437, Sec. 6(d)(6),
Nov. 2, 1994, 108 Stat. 4583.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Natural Resources" for
"Interior and Insular Affairs" after "Committee on".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 47-3, 47-4, 47-6 of this
title.
-End-
-CITE-
16 USC Sec. 47-6 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. 47-6. Conflicts of interest prohibited
-STATUTE-
In carrying out the provisions of sections 47-2 to 47-6 of this
title, the Secretary shall take care that there be no opportunity
for any personal influence by an employee of the Department of the
Interior upon the availability of housing for other such employees
or employees of persons in a contractual relationship with the
Department. In the selection of lessees and sublessees, the
issuance of leases and subleases, the establishment or (!1) rental
values, and the acquisition of any unexpired term of any lease or
sublease, the Secretary shall act through an agent or agents
appointed by the Secretary from among associations, corporations,
or natural persons having no material, financial, legal, or
equitable interest in the action proposed, other than a reasonable
fee for their services.
-SOURCE-
(Pub. L. 90-409, Sec. 5, as added Pub. L. 99-542, Sec. 1(5), Oct.
27, 1986, 100 Stat. 3038.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 47-3, 47-4 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "of".
-End-
-CITE-
16 USC Sec. 47a 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. 47a. Addition of certain lands to park authorized
-STATUTE-
For the purpose of preserving and consolidating timber stands
along the western boundary of the Yosemite National Park the
President of the United States is authorized, upon the joint
recommendation of the Secretaries of Interior and Agriculture, to
add to the Yosemite National Park, in the State of California, by
Executive proclamation, section 1 and the north half of section 12,
township 1 south, range 19 east, Mount Diablo meridian.
-SOURCE-
(May 9, 1930, ch. 234, Sec. 1, 46 Stat. 265.)
-End-
-CITE-
16 USC Sec. 47b 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. 47b. Inapplicability of certain laws to lands acquired under
section 47a
-STATUTE-
The provisions of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to any lands added to the Yosemite National Park
under the authority of section 47a of this title.
-SOURCE-
(May 9, 1930, ch. 234, Sec. 2, 46 Stat. 265.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act of 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.
-End-
-CITE-
16 USC Sec. 47c 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. 47c. Acquisition of certain lands for preservation and
consolidation of timber stands
-STATUTE-
For the purpose of preserving and consolidating certain timber
stands along the western boundary of the Yosemite National Park,
the President of the United States is authorized, upon the joint
recommendation of the Secretaries of the Interior and of
Agriculture, to add to said park by Executive proclamation any or
all of the following-described lands: Sections 19, 20, 29, 30, 31,
and 32, township 1 south, range 20 east, Mount Diablo meridian;
east half section 1; east half section 12; southeast quarter
section 24, township 2 south, range 19 east, Mount Diablo meridian;
sections 4, 5, and 6; north half section 7; sections 8 and 9, and
19 and 20, township 2 south, range 20 east, Mount Diablo meridian,
approximately nine thousand acres.
-SOURCE-
(Mar. 2, 1929, ch. 498, 45 Stat. 1486.)
-End-
-CITE-
16 USC Sec. 47d 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. 47d. Acquisition of certain lands for protection of park deer
-STATUTE-
For the purpose of protecting park deer along the western
boundary of the Yosemite National Park, the Secretary of the
Interior is authorized to acquire as part of said park, by exchange
as hereinafter provided, title in fee for and on behalf of the
United States of America to all that land in sections 21 and 28 in
township 3 south, range 20 east, Mount Diablo meridian, lying
between the abandoned railroad grade running from a point in the
Wawona Road near Chinquapin to the top of the abandoned incline
hoist in the northeast quarter of the southwest quarter of section
21, and the east and west center line of section 21, and in
sections 22, 23, 24, 25, 26, and 27 lying between said abandoned
railroad grade and the existing park boundary, containing one
thousand three hundred and fifty acres, more or less, now held in
private ownership, which lands upon acquisition shall be, and are,
added to the park; and in exchange therefor the said Secretary is
authorized to issue patent to the owner of said lands, for the
Government lands described as follows: That part of the north half
of northeast quarter lying south of abandoned railroad grade
hereinbefore mentioned, north half of southwest quarter of
northeast quarter, southwest quarter of southwest quarter of
northeast quarter, southwest quarter, west half of northeast
quarter of southeast quarter, and southwest quarter of southeast
quarter of section 25, township 3 south, range 20 east; north half
section 36, township 3 south, range 20 east; southwest quarter
northeast quarter, south half northeast quarter northwest quarter,
west half northwest quarter, southeast quarter northwest quarter,
northwest quarter southeast quarter, and west half southwest
quarter southeast quarter section 32, township 3 south, range 21
east; and northwest quarter section 5, township 4 south, range 21
east; containing one thousand and ten acres, more or less, which
lands upon issuance of patent shall be, and are eliminated from
said park.
-SOURCE-
(May 28, 1928, ch. 817, 45 Stat. 787.)
-End-
-CITE-
16 USC Sec. 47e 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. 47e. Purchase of private lands for park authorized
-STATUTE-
The Secretary of the Interior is authorized to acquire, by
purchase when purchaseable (!1) at prices deemed by him reasonable
- otherwise by condemnation under the provisions of section 3113 of
title 40, on behalf of the United States under any fund or moneys
available for such purpose, on July 9, 1937, except from the
general fund of the Treasury, any of the following-described lands
in the State of California now in private ownership, to wit:
Section 25, lots 3, 4, 5, 8, and 9, section 34, northeast quarter,
southeast quarter of the northwest quarter, lots 1 to 10,
inclusive, section 35, section 36, township 1 south, range 19 east;
southeast quarter northwest quarter, east half southwest quarter,
southeast quarter, lots 2, 3, and 4, section 30, section 31,
township 1 south, range 20 east; sections 1, 2, and 3, east half
section 10, sections 11 and 12, north half section 14, northeast
quarter section 15, township 2 south, range 19 east; southeast
quarter northwest quarter, east half southwest quarter, lots 3 to
7, inclusive, section 6, township 2 south, range 20 east, Mount
Diablo meridian.
When title to the aforesaid privately owned lands has been vested
in the United States, all of the lands described in this section
shall be added to and become a part of the Yosemite National Park
and shall be subject to all laws and regulations applicable
thereto: Provided, That nothing in this section or section 47f of
this title shall be construed to affect any valid existing rights.
-SOURCE-
(July 9, 1937, ch. 469, Secs. 1, 2, 50 Stat. 485, 486.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 47f of this title.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
16 USC Sec. 47f 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. 47f. Inapplicability of certain laws to lands acquired under
section 47e
-STATUTE-
The provisions of the Federal Power Act, as amended [16 U.S.C.
791a et seq.], shall not apply to any of the lands added to the
Yosemite National Park pursuant to the provisions of section 47e of
this title.
-SOURCE-
(July 9, 1937, ch. 469, Sec. 3, 50 Stat. 486.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act approved June 10, 1920, as amended, 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.
-End-
-CITE-
16 USC Sec. 48 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. 48. Yosemite Valley and Mariposa Big Tree Grove reserved and
made part of Yosemite National Park
-STATUTE-
The tracts of land embracing the Yosemite Valley and the Mariposa
Big Tree Grove, described as the "Cleft" or "Gorge" in the granite
peak of the Sierra Nevada mountains, situated in the county of
Mariposa, in the State of California, and the headwaters of the
Merced River, and known as the Yosemite Valley, with its branches
or spurs, in estimated length fifteen miles, and in average width
one mile back from the main edge of the precipice, on each side of
the valley, and the tracts embracing what is known as the "Mariposa
Big Tree Grove", not to exceed the area of four sections, and to be
taken in legal subdivisions of one quarter section each, together
with that part of fractional sections 5 and 6, township 5 south,
range 22 east, Mount Diablo meridian, California, lying south of
the South Fork of Merced River and almost wholly between the
MariposaBig Tree Grove and the south boundary of the Yosemite (continued)