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(continued)
National Park, on June 11, 1906, are reserved and withdrawn from
settlement, occupancy, or sale under the laws of the United States
and set apart as a national forest, subject to all the limitations,
conditions, and provisions of sections 61, 471c and 471d of this
title, as well as the limitations, conditions, and provisions of
section 46 of this title, and shall hereafter form a part of the
Yosemite National Park.
-SOURCE-
(June 30, 1864, ch. 184, Secs. 1, 2, 13 Stat. 325; June 11, 1906,
No. 27, Sec. 1, 34 Stat. 831.)
-End-
-CITE-
16 USC Sec. 49 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. 49. Rights of claimants and owners of lands included; laws and
regulations applicable within park
-STATUTE-
None of the lands patented and in private ownership in the area
included under sections 46 and 47 of this title in the Sierra
National Forest shall have the privileges of the lieu-land scrip
provisions of the land laws, but otherwise to be in all respects
under the laws and regulations affecting the national forests. All
laws, rules, and regulations affecting national forests, including
the right to change the boundaries thereof by Executive
proclamation, shall take effect and be in force within the limits
of the territory excluded by sections 46 and 47 of this title from
the Yosemite National Park, except as otherwise provided.
-SOURCE-
(Feb. 7, 1905, ch. 547, Sec. 2, 33 Stat. 703; June 11, 1906, No.
27, Sec. 2, 34 Stat. 832; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)
-COD-
CODIFICATION
"Sierra National Forest" and "national forests" substituted in
text for "Sierra Forest Reserve" and for "forest reserves" and
"forest reservations", respectively, on authority of act Mar. 4,
1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves
shall hereafter be known as national forests.
-End-
-CITE-
16 USC Sec. 50 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. 50. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028
-MISC1-
Section, Joint Res. June 11, 1906, No. 27, Sec. 3, 34 Stat. 832,
related to disposition of revenues from privileges.
-End-
-CITE-
16 USC Sec. 51 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. 51. Yosemite National Park; exchange of privately owned lands
in park
-STATUTE-
The Secretaries of the Departments of Interior and Agriculture,
for the purpose of eliminating private holdings within the Yosemite
National Park and to preserve intact timber along and adjoining the
roads in the scenic portion of the park on patented lands, are
empowered in their discretion to obtain and accept for the United
States a complete title to any and all patented lands within the
boundaries of said park by the exchange of timber or timber and
lands within the Yosemite National Park and the Sierra and
Stanislaus National Forests for such lands and the timber thereon
within the park, necessary conveyances of park and national forest
timber or timber and lands to be made by said secretaries,
respectively. The secretaries of the said departments are
authorized to acquire title in fee by the exchange of lands of the
United States for patented lands not exceeding six hundred and
forty acres in the Sierra and Stanislaus National Forests, adjacent
and contiguous to the Yosemite National Park, and when such
patented lands are thus acquired, said lands shall become a part of
the Yosemite National Park and be subject to all the provisions of
sections 55, 61, 471c and 471d of this title.
-SOURCE-
(Apr. 9, 1912, ch. 74, Sec. 1, 37 Stat. 80; Apr. 16, 1914, ch. 58,
38 Stat. 345.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 52 of this title.
-End-
-CITE-
16 USC Sec. 52 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. 52. Values of lands and timber to be exchanged; lands added to
park
-STATUTE-
The value of patented lands within the park offered in exchange,
and the value of the timber on park lands proposed to be given in
exchange for such patented lands, shall be ascertained in such
manner as the Secretary of the Interior may, in his discretion,
direct, and all expenses incident to ascertaining such values shall
be paid by the owners of said patented lands, and such owners
shall, before any exchange is effective, furnish the Secretary of
the Interior evidence satisfactory to him of title to the patented
lands offered in exchange, and if the value of the timber on park
lands exceeds the value of the patented lands deeded to the
Government in the exchange such excess shall be paid to the
Secretary of the Interior by the owners of the patented lands
before any of the timber is removed from the park, and shall be
deposited and covered into the Treasury as miscellaneous receipts.
The same course shall be pursued in relation to exchange for timber
standing near public roads on patented lands for timber to be
exchanged on park lands. The lands conveyed to the Government under
section 51 of this title shall become a part of the Yosemite
National Park.
-SOURCE-
(Apr. 9, 1912, ch. 74, Sec. 2, 37 Stat. 80.)
-End-
-CITE-
16 USC Sec. 53 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. 53. Cutting and removal of timber
-STATUTE-
All timber must be cut and removed from the Yosemite National
Park under regulations to be prescribed by the Secretary of the
Interior, and any damage which may result to the roads or any part
of the park in consequence of the cutting and removal of the timber
from the reservation shall be borne by the owners of the patented
lands, and bond satisfactory to the Secretary of the Interior must
be given for the payment of such damages, if any, as shall be
determined by the Secretary of the Interior.
-SOURCE-
(Apr. 9, 1912, ch. 74, Sec. 3, 37 Stat. 81.)
-End-
-CITE-
16 USC Sec. 54 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. 54. Sale of matured, dead, or down timber
-STATUTE-
The Secretary of the Interior may sell and permit the removal of
such matured or dead or down timber as he may deem necessary or
advisable for the protection or improvement of the park, and the
proceeds derived therefrom shall be deposited and covered into the
Treasury as miscellaneous receipts.
-SOURCE-
(Apr. 9, 1912, ch. 74, Sec. 4, 37 Stat. 81.)
-End-
-CITE-
16 USC Sec. 55 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. 55. Leases of land in park; mortgages by lessees
-STATUTE-
The Secretary of the Interior is authorized and empowered to
grant leases, for periods of not exceeding twenty years, at annual
rentals, and under terms and conditions to be determined by him, to
any person, corporation, or company he may authorize to transact
business in the Yosemite National Park, for separate tracts of
land, not exceeding twenty acres each, at such places, not to
exceed ten in number, to any 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 motor cars, stages, stock and
equipment, and so forth. Such leases may, at the option of the
Secretary of the Interior, contain appropriate provisions for the
appraisement, at the expiration of the lease, of the value of such
hotel and other buildings (or portions thereof) as may be
constructed by the lessees, respectively, and the payment of the
same to the lessees in case a new lease be made to persons other
than said lessees, such payments to be made by such new lessees,
respectively.
Any person or corporation or company holding a lease or leases
within said park for the purposes above described is authorized,
with the approval of the Secretary of the Interior, to execute
mortgages upon his or its rights and properties, including his or
its contract or contracts with the Secretary of the Interior; such
mortgages shall be executed in duplicate and delivered to the
Secretary of the Interior for his approval, and upon his approval
thereof he shall retain one of said duplicates and file the same
for record in his office.
Any mortgage, lien, or encumbrance created under the provisions
hereof 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-
(Oct. 1, 1890, ch. 1263, Sec. 2, 26 Stat. 651; July 23, 1914, ch.
206, 38 Stat. 554; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 153.)
-COD-
CODIFICATION
This section superseded earlier provisions as to leases contained
in section 2 of act Oct. 1, 1890.
As enacted by act July 23, 1914, this section contained a
provision, omitted for purposes of codification, continuing in
effect all existing laws relating to the park and not in conflict
with it.
Section 1 of the act of June 12, 1917, incorporated in section
452 of this title, provides for the disposition of all revenue of
National Parks and did not directly affect this section. It may
have been considered as superseding similar provisions of the act
of Oct. 1, 1890, Sec. 2.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 51, 471c, 471d of this
title.
-End-
-CITE-
16 USC Sec. 56 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. 56. 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. 57 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. 57. Yosemite and Sequoia National Parks; exclusive
jurisdiction of United States; jurisdiction remaining in and
taxation by California
-STATUTE-
Sole and exclusive jurisdiction is assumed by the United States
over the territory embraced and included within the Yosemite
National Park and Sequoia National Park, respectively, saving,
however, to the State of California the right to serve civil or
criminal process within the limits of the aforesaid parks or either
of them in suits or prosecutions for or on account of rights
acquired, obligations incurred, or crimes committed in said State
outside of said parks; and saving further to the said State the
right to tax persons and corporations, their franchises and
property on the lands included in said parks, and the right to fix
and collect license fees for fishing in said parks; and saving also
to the persons residing in any of said parks now or hereafter the
right to vote at all elections held within the county or counties
in which said parks are situated.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 1, 41 Stat. 731; Mar. 4, 1940, ch. 40,
Sec. 2, 54 Stat. 43.)
-COD-
CODIFICATION
A provision accepting the act of the California Legislature which
ceded to the United States exclusive jurisdiction over the
territory referred to in this section has been omitted as executed.
-MISC1-
GENERAL GRANT NATIONAL PARK ABOLISHED
Act Mar. 4, 1940, set out as section 80a of this title, abolished
the General Grant National Park and added the lands to the Kings
Canyon National Park as the General Grant grove section.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 63, 64, 65 of this title.
-End-
-CITE-
16 USC Sec. 58 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. 58. Laws applicable; fugitives from justice
-STATUTE-
All the laws applicable to places under sole and exclusive
jurisdiction of the United States shall have force and effect in
said parks or either of them. All fugitives from justice taking
refuge in said parks, or either of them, shall be subject to the
same laws as refugees from justice found in the State of
California.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 1, 41 Stat. 731.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 63, 64, 65 of this title.
-End-
-CITE-
16 USC Sec. 59 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. 59. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
eff. Sept. 1, 1948
-MISC1-
Section, acts June 2, 1920, ch. 218, Sec. 4, 41 Stat. 731; Mar.
4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to offenses
punishable by State laws. See section 13 of Title 18, Crimes and
Criminal Procedure.
-End-
-CITE-
16 USC Sec. 60 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. 60. Hunting or fishing prohibited
-STATUTE-
All hunting or the killing, wounding, or capturing at any time of
any wild bird or animal, except dangerous animals, when it is
necessary to prevent them from destroying human lives or inflicting
personal injury, is prohibited within the limits of said parks; nor
shall any fish be taken out of any of the waters of the said parks,
or any one of them, in any other way than by hook and line, and
then only at such seasons and such times and manner as may be
directed by the Secretary of the Interior.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 731.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 62, 63, 64, 65 of this
title.
-End-
-CITE-
16 USC Sec. 61 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. 61. Rules and regulations in parks
-STATUTE-
In addition to the powers and duties enumerated in section 3 of
this title, not inconsistent with this section, the Secretary of
the Interior shall make and publish such general rules and
regulations as he may deem necessary and proper for the management
and care of the park and for the protection of the property
therein, especially for the preservation from injury or spoliation
of all timber, mineral deposits other than those legally located
prior to the date of passage of the respective Acts creating and
establishing said parks, natural curiosities or wonderful objects
within said parks, and for the protection of the animals in the
park from capture or destruction, and to prevent their being
frightened or driven from the said parks; and he shall make rules
and regulations governing the taking of fish from the streams or
lakes in the said parks or either of them. He shall cause all
persons trespassing upon the same to be removed therefrom.
-SOURCE-
(Oct. 1, 1890, ch. 1263, Sec. 2, 26 Stat. 651; June 2, 1920, ch.
218, Sec. 5, 41 Stat. 732.)
-COD-
CODIFICATION
The first sentence of this section was from section 5 of the act
of June 2, 1920. The first portion reading "In addition to the
powers and duties enumerated in section 3 of this title, not
inconsistent with this section" was inserted to relate this section
to section 3 of this title, providing general powers for the
Secretary of the Interior.
The last sentence of this section is from section 2 of act Oct.
1, 1890.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 46, 48, 51, 62, 63, 64,
65, 471c, 471d of this title.
-End-
-CITE-
16 USC Sec. 62 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. 62. Possession of dead bodies of birds or animals
-STATUTE-
Possession within said parks, or either of them, of the dead
bodies or any part thereof of any wild bird or animal shall be
prima facie evidence that person or persons having same are guilty
of violating sections 60 to 63 of this title.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 732.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 63, 65 of this title.
-End-
-CITE-
16 USC Sec. 63 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. 63. Transportation of birds, animals, or fish; violations of
statute or rules or regulations for management, care, and
preservation of parks; damage or spoliation; punishment
-STATUTE-
Any person or persons, or stage or express company, or railway
company, who knows or has reason to believe that they were taken or
killed contrary to the provisions of sections 57, 58, and 60 to 65
of this title, and who receives for transportation any of said
animals, birds, or fish so killed, caught, or taken, or who shall
violate any of the other provisions of said sections, or any rule
or regulation that may be promulgated by the Secretary of the
Interior, with reference to the management and care of the said
parks, or either of them, or for the protection of the property
therein for the preservation from injury or spoliation of timber,
mineral deposits, other than those legally located prior to the
passage of the respective Acts creating and establishing said
parks, natural curiosities, or wonderful objects within said parks,
or either of them, or for the protection of the animals, birds, or
fish in the said parks, or either of them, or who shall within said
parks commit any damage, injury, spoliation to or upon any
building, fence, hedge, gate, guidepost, tree, wood, underwood,
timber, garden, crops, vegetables, plants, land, springs, mineral
deposits other than those legally located prior to the passage of
the respective Acts creating and establishing said parks, natural
curiosities, or other matter or thing growing or being thereon, or
situated therein, shall be subject to the penalty provided for the
violation of rules and regulations of the Secretary of the Interior
authorized by section 3 of this title.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 732.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 62, 64, 65 of this title.
-End-
-CITE-
16 USC Sec. 64 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. 64. Sale or disposal of timber; destruction of detrimental
animal or plant life
-STATUTE-
Nothing in sections 57, 58, and 60 to 65 of this title shall be
construed as repealing or in any way modifying the authority
granted the Secretary of the Interior by said section 3 of this
title to sell or dispose of timber in national parks in those cases
where, in his judgment, the cutting of such timber is required in
order to control the attacks of insects or diseases or otherwise
conserve the scenery of the natural or historic objects in such
parks and to provide for the destruction of such animals and such
palnt (!1) life as may be detrimental to the use of any of said
parks, or the authority granted to said Secretary by sections 51 to
54 of this title.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 5, 41 Stat. 732.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 63, 65 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "plant".
-End-
-CITE-
16 USC Sec. 65 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. 65. Seizure and forfeiture of guns, traps, teams, horses, etc.
-STATUTE-
All guns, traps, teams, horses, or means of transportation of
every nature or description used by any person or persons within
the limits of said parks, or either of them, when engaged in
killing, trapping, ensnaring, or capturing such wild beasts, birds,
or animals, shall be forfeited to the United States and may be
seized by the officers in said parks, or either of them, and held
pending prosecution of any person or persons arrested under the
charge of violating the provisions of sections 57, 58, and 60 to 65
of this title, and upon conviction such forfeiture shall be
adjudicated as a penalty in addition to the other punishment
prescribed therein. Such forfeited property shall be disposed of
and accounted for by and under the authority of the Secretary of
the Interior.
-SOURCE-
(June 2, 1920, ch. 218, Sec. 6, 41 Stat. 733.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 63, 64 of this title.
-End-
-CITE-
16 USC Secs. 66 to 77 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. 66 to 77. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.
992, eff. Sept. 1, 1948
-MISC1-
Section 66, acts June 2, 1920, ch. 218, Secs. 7, 8, 41 Stat. 733;
Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to appointment
and jurisdiction of commissioners. See provisions covering United
States magistrate judges in section 631 et seq. of Title 28,
Judiciary and Judicial Procedure.
Section 67, act June 2, 1920, ch. 218, Secs. 7, 8, 41 Stat. 733,
related to power of commissioners [now magistrate judges] to make
arrests.
Section 68, act June 2, 1920, ch. 218, Secs. 7, 8, 41 Stat. 733,
related to appeal from conviction by commissioner [now magistrate
judge].
Section 69, act June 2, 1920, ch. 218, Sec. 11, 41 Stat. 734,
related to residence of commissioners [now magistrate judges].
Section 70, act June 2, 1920, ch. 218, Sec. 9, 41 Stat. 734,
related to arrests for certain offenses. See sections 3041 and 3141
of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and
9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 71, acts June 2, 1920, ch. 218, Sec. 10, 41 Stat. 734;
Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to service of
process. See rule 4 of Federal Rules of Criminal Procedure, Title
18, Appendix, and section 3053 of title 18.
Section 72, acts June 2, 1920, ch. 218, Sec. 11, 41 Stat. 734;
Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to
commissioners' salaries. See section 634 of Title 28, Judiciary and
Judicial Procedure.
Section 73, act June 2, 1920, ch. 218, Sec. 11, 41 Stat. 734,
related to fees and costs.
Section 74, act June 2, 1920, ch. 218, Sec. 13, 41 Stat. 734,
related to disposition of fines and costs.
Section 75, act June 2, 1920, ch. 218, Sec. 12, 41 Stat. 734,
related to payment of fees, costs, and expenses chargeable to the
United States.
Section 76, act June 2, 1920, ch. 218, Sec. 2, 41 Stat. 731,
related to inclusion of Yosemite National Park within judicial
district. See section 84 of Title 28, Judiciary and Judicial
Procedure.
Section 77, acts June 2, 1920, ch. 218, Sec. 3, 41 Stat. 731;
Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, related to inclusion of
Sequoia National Park within a judicial district. See section 84 of
Title 28.
-End-
-CITE-
16 USC Sec. 78 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. 78. Detail of troops to Sequoia and Yosemite Parks
-STATUTE-
The Secretary of the Army, upon the request of the Secretary of
the Interior, is authorized and directed to make the necessary
detail of troops to prevent trespassers or intruders from entering
the Sequoia National Park and the Yosemite National Park,
respectively, in California, for the purpose of destroying the game
or objects of curiosity therein, or for any other purpose
prohibited by law or regulation for the government of said
reservations, and to remove such persons from said parks if found
therein.
-SOURCE-
(June 6, 1900, ch. 791, Sec. 1, 31 Stat. 618; Mar. 4, 1940, ch. 40,
Sec. 2, 54 Stat. 43; 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.
-MISC1-
GENERAL GRANT NATIONAL PARK ABOLISHED
Act Mar. 4, 1940, set out as section 80a of this title, abolished
the General Grant National Park and added the lands to the Kings
Canyon National Park as the General Grant grove section.
-End-
-CITE-
16 USC Sec. 79 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. 79. Rights-of-way for public utilities
-STATUTE-
The Secretary of the Interior is authorized and empowered, under
general regulations to be fixed by him, to permit the use of rights
of way through the public lands, forest and other reservations of
the United States, and the Yosemite, Sequoia, and General Grant
national parks, California, for electrical plants, poles, and lines
for the generation and distribution of electrical power, and for
telephone and telegraph purposes, and for canals, ditches, pipes
and pipe lines, flumes, tunnels, or other water conduits, and for
water plants, dams, and reservoirs used to promote irrigation or
mining or quarrying, or the manufacturing or cutting of timber or
lumber, or the supplying of water for domestic, public, or any
other beneficial uses to the extent of the ground occupied by such
canals, ditches, flumes, tunnels, reservoirs, or other water
conduits or water plants, or electrical or other works permitted
hereunder, and not to exceed fifty feet on each side of the
marginal limits thereof, or not to exceed fifty feet on each side
of the center line of such pipes and pipe lines, electrical,
telegraph, and telephone lines and poles, by any citizen,
association, or corporation of the United States, where it is
intended by such to exercise the use permitted hereunder or any one
or more of the purposes herein named: Provided, That such permits
shall be allowed within or through any of said parks or any forest,
military, Indian, or other reservation only upon the approval of
the chief officer of the Department under whose supervision such
park or reservation falls and upon a finding by him that the same
is not incompatible with the public interest: Provided further,
That all permits given hereunder for telegraph and telephone
purposes shall be subject to the provision of title 65 of the
Revised Statutes of the United States, and amendments thereto,
regulating rights of way for telegraph companies over the public
domain: And provided further, That any permission given by the
Secretary of the Interior under the provisions of this section may
be revoked by him or his successor in his discretion, and shall not
be held to confer any right, or easement, or interest in, to, or
over any public land, reservation, or park.
-SOURCE-
(Feb. 15, 1901, ch. 372, 31 Stat. 790.)
-STATAMEND-
REPEALS
Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National
Forest System.
-REFTEXT-
REFERENCES IN TEXT
Title 65 of the Revised Statutes of the United States, and
amendments thereto, referred to in text, which consisted of R.S.
Secs. 5263 to 5269, was classified to sections 1 to 6 and 8 of
Title 47, Telegraphs, Telephones, and Radiotelegraphs, and was
repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327.
-COD-
CODIFICATION
Section, insofar as it relates to rights-of-way through public
lands, forests, and reservations, and the Yosemite, Sequoia, and
General Grant National Parks is also set out as section 959 of
Title 43, Public Lands, and insofar as it related to rights-of-way
through national forests was also set out as section 522 of this
title which was omitted from the Code.
Section was formerly classified to section 419 of this title.
-MISC1-
SAVINGS PROVISION
Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,
90 Stat. 2793, insofar as applicable to the issuance of
rights-of-way, not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see note set out
under section 1701 of Title 43, Public Lands.
-TRANS-
GENERAL GRANT NATIONAL PARK ABOLISHED
Act Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, which is
classified to section 80a of this title, abolished the General
Grant National Park and added the lands to the Kings Canyon
National Park as the General Grant grove section.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4, 46, 47, 193, 225, 349,
393 of this title.
-End-
-CITE-
16 USC Sec. 79-1 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. 79-1. Yosemite National Park; expansion of reservoir capacity
-STATUTE-
Notwithstanding any other provision of law, no Federal lands may
be used for the expansion of the capacity of any reservoir which is
located within the boundaries of Yosemite National Park unless
Congress enacts specific statutory authorization after October 31,
1988, for such expansion.
-SOURCE-
(Pub. L. 100-563, Sec. 6, Oct. 31, 1988, 102 Stat. 2830.)
-End-
-CITE-
16 USC SUBCHAPTER VII - REDWOOD NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK
-HEAD-
SUBCHAPTER VII - REDWOOD NATIONAL PARK
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in title 31 section 1603.
-End-
-CITE-
16 USC Sec. 79a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK
-HEAD-
Sec. 79a. Establishment; statement of purposes
-STATUTE-
In order to preserve significant examples of the primeval coastal
redwood (Sequoia sempervirens) forests and the streams and
seashores with which they are associated for purposes of public
inspiration, enjoyment, and scientific study, there is hereby
established a Redwood National Park in Del Norte and Humboldt
Counties, California.
-SOURCE-
(Pub. L. 90-545, Sec. 1, Oct. 2, 1968, 82 Stat. 931.)
-MISC1-
THOMAS H. KUCHEL VISITOR CENTER
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 146], Oct.
21, 1998, 112 Stat. 2681-231, 2681-267, provided that: "The Redwood
Information Center located at 119231 Highway 101 in Orick,
California is hereby named the 'Thomas H. Kuchel Visitor Center'
and shall be referred to in any law, document or record of the
United States as the 'Thomas H. Kuchel Visitor Center'."
-End-
-CITE-
16 USC Sec. 79b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK
-HEAD-
Sec. 79b. Park area
-STATUTE-
(a) Boundaries; maps; maximum acreage
The area to be included within the Redwood National Park is that
generally depicted on the maps entitled "Redwood National
Park," numbered NPS-RED-7114-A and NPS-RED-7114-B, and dated
September 1968, and the area indicated as "Proposed Additions" on
the map entitled "Additional Lands, Redwood National Park,
California," numbered 167-80005-D and dated March 1978, copies of
which maps shall be kept available for public inspection in the
offices of the National Park Service, Department of the Interior,
and shall be filed with appropriate officers of Del Norte and
Humboldt Counties. The Secretary of the Interior (hereinafter
referred to as the "Secretary") may from time to time, with a view
to carrying out the purpose of this subchapter and with particular
attention to minimizing siltation of the streams, damage to the
timber, and assuring the preservation of the scenery within the
boundaries of the national park as depicted on said maps, modify
said boundaries, giving notice of any changes involved therein by
publication of a revised drawing or boundary description in the
Federal Register and by filing said revision with the officers with
whom the original maps were filed, but the acreage within said park
shall at no time exceed one hundred and six thousand acres,
exclusive of submerged lands and publicly owned highways and roads.
(b) Highways and roads
The Secretary is authorized to acquire all or part of existing
publicly owned highways and roads within the boundaries of the park
as he may deem necessary for park purposes. Until such highways and
roads have been acquired, the Secretary may cooperate with
appropriate State and local officials in patroling (!1) and
maintaining such roads and highways.
(c) Park protection zone
Within the area outside the boundaries of Redwood National Park
indicated as the "Park Protection Zone" on the map entitled
"Proposed Additions, Redwood National Park, California", numbered
167-80005-D and dated March 1978, the Secretary is authorized to
acquire lands and interests in land: Provided, That lands may be
acquired from a willing seller or upon a finding by the Secretary
that failure to acquire all or a portion of such lands could result
in physical damage to park resources and following notice to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the House of
Representatives. Any lands so acquired shall be managed in a manner
which will maximize the protection of the resources of Redwood
National Park, and in accordance with the Act of October 21, 1976
(90 Stat. 2473) [43 U.S.C. 1701 et seq.]. Acquisition of a parcel
of land under the authority of this subsection shall not as a
result of such acquisition diminish the right of owners of adjacent
lands to the peaceful use and enjoyment of their land and shall not
confer authority upon the Secretary to acquire additional lands
except as provided in this subsection.
-SOURCE-
(Pub. L. 90-545, Sec. 2, Oct. 2, 1968, 82 Stat. 931; Pub. L.
95-250, title I, Sec. 101(a)(1), (2), Mar. 27, 1978, 92 Stat. 163;
Pub. L. 103-437, Sec. 6(d)(7), Nov. 2, 1994, 108 Stat. 4583.)
-REFTEXT-
REFERENCES IN TEXT
Act of October 21, 1976 (90 Stat. 2743), referred to in subsec.
(c), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended,
known as the Federal Land Policy and Management Act of 1976, which
is classified principally to chapter 35 (Sec. 1701 et seq.) of
Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1701 of Title
43 and Tables.
-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1978 - Subsec. (a). Pub. L. 95-250, Sec. 101(a)(1), (2), inserted
"and the area indicated as 'Proposed Additions' on the map entitled
'Additional Lands, Redwood National Park, California', numbered
167-80005-D and dated March 1978," after "and dated September
1968," and substituted "one hundred and six thousand acres,
exclusive of submerged lands and publicly owned highways and roads"
for "fifty-eight thousand acres, exclusive of submerged lands".
Subsec. (b). Pub. L. 95-250, Sec. 101(a)(2), struck out "by
donation only" after "The Secretary is authorized to acquire".
Subsec. (c). Pub. L. 95-250, Sec. 101(a)(2), added subsec. (c).
-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 79c, 79f, 79k, 79m of
this title.
-FOOTNOTE-
(!1) So in original. Probably should be "patrolling".
-End-
-CITE-
16 USC Sec. 79c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK
-HEAD-
Sec. 79c. Acquisition of land
-STATUTE-
(a) Authority of Secretary; administrative sites; manner and place;
donation of State lands; reverters and other conditions
The Secretary is authorized to acquire lands and interests in
land within the boundaries of the Redwood National Park and, in
addition thereto, not more than ten acres outside of those
boundaries for an administrative site or sites. Such acquisition
may be by donation, purchase with appropriated or donated funds,
exchange, or otherwise, but lands and interests in land owned by
the State of California may be acquired only by donation which
donation of lands or interest in lands may be accepted in the
discretion of the Secretary subject to such preexisting reverters
and other conditions as may appear in the title to these lands held
by the State of California, and such other reverters and conditions
as may be consistent with the use and management of the donated
lands as a portion of Redwood National Park. Notwithstanding any
other provision of law, the Secretary may expend appropriated funds
for the management of and for the construction, design, and
maintenance of permanent improvements on such lands and interests
in land as are donated by the State of California in a manner not
inconsistent with such reverters and other conditions.
(b) Vested and possessory rights in certain real property;
termination of operations; removal of equipment, facilities, and
personal property; down tree personal property; acquired roads;
just compensation; payment; jurisdiction; acreage limitation;
notice
(1) Effective on October 2, 1968, there is hereby vested in the
United States all right, title, and interest in, and the right to
immediate possession of, all real property within the park
boundaries designated in maps NPS-RED-7114-A and NPS-RED-7114-B and
effective on March 27, 1978, there is hereby vested in the United
States all right, title, and interest in, and the right to
immediate possession of, all real property within the area
indicated as "Proposed Additions" on the map entitled "Additional
Lands, Redwood National Park, California," numbered 167-80005-D and
dated March 1978, and all right, title, and interest in, and the
right to immediate possession of the down tree personal property
(trees severed from the ground by man) severed prior to January 1,
1975, or subsequent to January 31, 1978, within the area indicated
as "Proposed Additions" on the map entitled "Additional Lands,
Redwood National Park, California," numbered 167-80005-D and dated
March 1978, except real property owned by the State of California
or a political subdivision thereof and except as provided in
paragraph (3) of this subsection. The Secretary shall allow for the
orderly termination of all operations on real property acquired by
the United States under this subsection, and for the removal of
equipment, facilities, and personal property therefrom.
Down tree personal property severed subsequent to December 31,
1974, and prior to February 1, 1978 may be removed in accordance
with applicable State and Federal law, or other applicable
licenses, permits, and existing agreements, unless the Secretary
determines that the removal of such down timber would damage second
growth resources or result in excessive sedimentation in Redwood
Creek: Provided, however, That down timber lying in stream beds may
not be removed without permission of the Secretary: Provided, That
such removal shall also be subject to such reasonable conditions as
may be required by the Secretary to insure the continued
availability of raw materials to Redwoods United, Incorporated, a
nonprofit corporation located in Manila, California.
The Secretary shall permit, at existing levels and extent of
access and use, continued access and use of each acquired segment
of the B line, L line, M line, and K and K roads by each current
affected woods employer or its successor in title and interest:
Provided, That such use is limited to forest and land management
and protection purposes, including timber harvesting and road
maintenance. The Secretary shall permit, at existing levels and
extent of access and use, continued access and use of acquired
portions of the Bald Hills road by each current affected woods
employer or its successor in title and interest: Provided further,
That nothing in this sentence shall diminish the authority of the
Secretary to otherwise regulate the use of the Bald Hills road.
(2) The United States will pay just compensation to the owner of
any real property taken by paragraph (1) of this subsection. Such
compensation shall be paid either: (A) by the Secretary of the
Treasury from money appropriated from the Land and Water
Conservation Fund, including money appropriated to the Fund
pursuant to section 4(b) of the Land and Water Conservation Fund
Act of 1965, as amended [16 U.S.C. 460l-7(b)] subject to the
appropriation limitation in section 79j of this title, upon
certification to him by the Secretary of the agreed negotiated
value of such property, or the valuation of the property awarded by
judgment, including interest at the rate of 6 per centum per annum
from the date of taking the property to the date of payment
therefor; or (B) by the Secretary, if the owner of the land
concurs, with any federally owned property available to him for
purposes of exchange pursuant to the provisions of section 79e of
this title; or (C) by the Secretary using any combination of such
money or federally owned property. Any action against the United
States with regard to the provisions of this subchapter and for the
recovery of just compensation for the lands and interests therein
taken by the United States, and for the down tree personal property
taken, shall be brought in the United States district court for the
district where the land is located without regard to the amount
claimed. The United States may initiate proceedings at any time
seeking a determination of just compensation in the district court
in the manner provided by sections 1358 and 1403 of title 28 and
may deposit in the registry of the court the estimated just
compensation, or a part thereof, in accordance with the procedure
generally described by section 3114(a)-(d) of title 40. Interest
shall not be allowed on such amounts as shall have been paid into
the court. In the event that the Secretary determines that the fee
simple title to any property (real or personal) taken under this
section is not necessary for the purposes of this subchapter, he
may, with particular attention to minimizing the payment of
severance damages and to allow for the orderly removal of down
timber, revest title to such property subject to such reservations,
terms, and conditions, if any, as he deems appropriate tocarry out (continued)