TITLE 16—CONSERVATION

Chap.
Sec.
1.
National Parks, Military Parks, Monuments, and Seashores
1
1A.
Historic Sites, Buildings, Objects, and Antiquities
461
1B.
Archaeological Resources Protection
470aa
1C.
Paleontological Resources Preservation
470aaa
2.
National Forests
471
3.
Forests; Forest Service; Reforestation; Management
551
3A.
Unemployment Relief Through Performance of Useful Public Work [Omitted or Repealed]
584
3B.
Soil Conservation
590a
3C.
Water Conservation
590r
4.
Protection of Timber, and Depredations
591
5.
Protection of Fur Seals and Other Fur-Bearing Animals
631
5A.
Protection and Conservation of Wildlife
661
5B.
Wildlife Restoration
669
5C.
Conservation Programs on Government Lands
670a
6.
Game and Bird Preserves; Protection
671
7.
Protection of Migratory Game and Insectivorous Birds
701
8.
Upper Mississippi River National Wildlife and Fish Refuge
721
9.
Fish and Wildlife Service
741
9A.
Preservation of Fishery Resources
755
9B.
National Fish Hatchery System Enhancement
760aa
10.
Northern Pacific Halibut Fishing
761
10A.
Sockeye or Pink Salmon Fishing [Repealed]
776
10B.
Fish Restoration and Management Projects
777
10C.
Fish Research and Experimentation Program
778
10D.
State Commercial Fisheries Research and Development Projects [Repealed]
779
11.
Regulation of Landing, Curing, and Sale of Sponges Taken From Gulf of Mexico and Straits of Florida
781
12.
Federal Regulation and Development of Power
791
12A.
Tennessee Valley Authority
831
12B.
Bonneville Project
832
12C.
Fort Peck Project
833
12D.
Columbia Basin Project
835
12E.
Niagara Power Project
836
12F.
Pacific Northwest Consumer Power Preference; Reciprocal Priority in Other Regions
837
12G.
Pacific Northwest Federal Transmission System
838
12H.
Pacific Northwest Electric Power Planning and Conservation
839
13.
Regulation of Transportation in Interstate or Foreign Commerce of Black Bass and Other Fish [Repealed]
851
14.
Regulation of Whaling
901
14A.
Whale Conservation and Protection
917
15.
Predatory Sea Lampreys in the Great Lakes [Omitted]
921
15A.
Great Lakes Fisheries
931
15B.
Great Lakes Fish and Wildlife Restoration
941
15C.
Great Lakes Fish and Wildlife Tissue Bank
943
16.
Tuna Conventions
951
16A.
Atlantic Tunas Convention
971
16B.
Eastern Pacific Tuna Fishing
972
16C.
South Pacific Tuna Fishing
973
17.
Northwest Atlantic Fisheries [Repealed]
981
18.
Watershed Protection and Flood Prevention
1001
18A.
Cooperative Watershed Management Program
1015
19.
North Pacific Fisheries [Repealed or Transferred]
1021
20.
National Fisheries Center and Aquarium
1051
21.
Prohibition of Foreign Fishing Vessels in the Territorial Waters of the United States [Repealed]
1081
21A.
Fisheries Zone Contiguous to Territorial Sea of the United States [Repealed]
1091
21B.
Prohibition of Certain Foreign Fishing Vessels in United States Fisheries [Omitted]
1100
21C.
Offshore Shrimp Fisheries [Omitted]
1100b
22.
International Parks
1101
23.
National Wilderness Preservation System
1131
24.
Conservation and Protection of North Pacific Fur Seals
1151
25.
Jellyfish or Sea Nettles, Other Such Pests, and Seaweed in Coastal Waters: Control or Elimination
1201
25A.
Crown of Thorns Starfish
1211
25B.
Reefs for Marine Life Conservation
1220
26.
Estuarine Areas
1221
27.
National Trails System
1241
27A.
National Recreational Trails Fund
1261
28.
Wild and Scenic Rivers
1271
29.
Water Bank Program for Wetlands Preservation
1301
30.
Wild Horses and Burros: Protection, Management, and Control
1331
31.
Marine Mammal Protection
1361
32.
Marine Sanctuaries
1431
32A.
Regional Marine Research Programs
1447
33.
Coastal Zone Management
1451
34.
Rural Environmental Conservation Program [Repealed]
1501
35.
Endangered Species
1531
36.
Forest and Rangeland Renewable Resources Planning
1600
37.
Youth Conservation Corps and Public Lands Corps
1701
38.
Fishery Conservation and Management
1801
39.
Mining Activity Within National Park System Areas [Repealed]
1901
40.
Soil and Water Resources Conservation
2001
41.
Cooperative Forestry Assistance
2101
42.
Emergency Conservation Program
2201
43.
Public Transportation Programs for National Park System Areas [Omitted, Transferred, or Repealed]
2301
44.
Antarctic Conservation
2401
44A.
Antarctic Marine Living Resources Convention
2431
44B.
Antarctic Mineral Resources Protection
2461
45.
Urban Park and Recreation Recovery Program [Omitted, Transferred, or Repealed]
2501
46.
Public Utility Regulatory Policies
2601
47.
Small Hydroelectric Power Projects
2701
48.
National Aquaculture Policy, Planning, and Development
2801
49.
Fish and Wildlife Conservation
2901
50.
Chesapeake Bay Research Coordination [Omitted]
3001
51.
Alaska National Interest Lands Conservation
3101
52.
Salmon and Steelhead Conservation and Enhancement
3301
53.
Control of Illegally Taken Fish and Wildlife
3371
54.
Resource Conservation
3401
55.
Coastal Barrier Resources
3501
56.
North Atlantic Salmon Fishing
3601
56A.
Pacific Salmon Fishing
3631
57.
National Fish and Wildlife Foundation
3701
57A.
Partnerships for Wildlife
3741
57B.
Partners for Fish and Wildlife
3771
58.
Erodible Land and Wetland Conservation and Reserve Program
3801
59.
Wetlands Resources
3901
59A.
Wetlands
3951
60.
Fish and Seafood Promotion
4001
61.
Interjurisdictional Fisheries
4101
62.
African Elephant Conservation
4201
62A.
Asian Elephant Conservation
4261
63.
Federal Cave Resources Protection
4301
64.
North American Wetlands Conservation
4401
65.
International Forestry Cooperation
4501
66.
Take Pride in America Program
4601
67.
Aquatic Nuisance Prevention and Control
4701
68.
Pacific Yew Conservation and Management [Omitted or Repealed]
4801
69.
Wild Exotic Bird Conservation
4901
70.
North Pacific Anadromous Stocks Convention
5001
71.
Atlantic Coastal Fisheries Cooperative Management
5101
71A.
Atlantic Striped Bass Conservation
5151
72.
Recreational Hunting Safety
5201
73.
Rhinoceros and Tiger Conservation
5301
74.
National Maritime Heritage [Omitted or Repealed]
5401
75.
High Seas Fishing Compliance
5501
76.
Northwest Atlantic Fisheries Convention
5601
77.
Yukon River Salmon
5701
78.
National Natural Resources Conservation Foundation
5801
79.
National Park Service Management [Repealed]
5901
80.
Neotropical Migratory Bird Conservation
6101
81.
User Fees Under Forest System Recreation Residence Program
6201
81A.
National Forest Organizational Camp Fee Improvement
6231
82.
Great Ape Conservation
6301
83.
Coral Reef Conservation
6401
84.
Healthy Forest Restoration
6501
85.
Marine Turtle Conservation
6601
86.
Southwest Forest Health and Wildfire Prevention
6701
87.
Federal Lands Recreation Enhancement
6801
88.
Western and Central Pacific Fisheries Convention
6901
89.
Pacific Whiting
7001
90.
Secure Rural Schools and Community Self-Determination
7101
91.
National Landscape Conservation System
7201
92.
Forest Landscape Restoration
7301

        

CHAPTER 1—NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

SUBCHAPTER I—NATIONAL PARK SERVICE

Sec.
1 to 1a–7a.
Repealed.
1a–7b.
Protection of right of individuals to bear arms.
1a–8 to 1a–14.
Repealed.
1b.
Repealed or Transferred.
1c to 4.
Repealed.
5.
Omitted.
6 to 17j–1.
Repealed.
17j–2.
Authorization of appropriations for road maintenance and repair, etc.
17k to 17n.
Repealed.
17o.
Repealed or Omitted.
18 to 18f–3.
Transferred or Repealed.

        

SUBCHAPTER II—VOLUNTEERS IN PARKS PROGRAM

18g to 18j.
Repealed.

        

SUBCHAPTER III—NATIONAL PARK FOUNDATION

19 to 19o.
Repealed.

        

SUBCHAPTER III–A—NATIONAL PARK SYSTEM VISITOR FACILITY

19aa to 19gg.
Omitted.

        

SUBCHAPTER III–B—PARK SYSTEM RESOURCE PROTECTION

19jj to 19jj–4.
Repealed.

        

SUBCHAPTER IV—CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE

20 to 20g.
Repealed.

        

SUBCHAPTER V—YELLOWSTONE NATIONAL PARK

21.
Establishment; boundaries; trespassers.
21a.
Revision of boundaries; contiguous national forests; jurisdiction of forests.
21b.
Extension of certain laws to park.
21c.
Section 485 as extending to revised boundaries; lands acquired by exchange.
21d.
Existing claims, locations, and entries as affected by revised boundaries.
22.
Control of park by Secretary of the Interior; removal of trespassers.
23.
Detail of troops for protection of park.
24.
Jurisdiction over park; fugitives from justice.
25.
Repealed.
26.
Regulations for hunting and fishing in park; punishment for violations; forfeitures.
27 to 29.
Repealed.
30.
Jail building; office of magistrate judge.
30a.
Existing laws as affected.
31.
Repealed.
32.
Lease of lands within park.
33.
Mortgages by lessees within the park.
34.
Road extensions.
35.
Private use of electricity from lighting and power plant.
36.
Disposition of surplus elk, buffalo, bear, beaver, and predatory animals.
36a.
Disposition of surplus elk.
37.
Provision of feed and range facilities for game animals.
38.
Exchange for State or private lands authorized.
39.
Reservation of timber, minerals, or easements by owners on exchange.
40.
Additions to park; entry under other acts.
40a.
Educational facilities for dependents of employees; payments to school districts; limitation on amount.
40b.
Cooperative agreements with States or local agencies; expansion; Federal contributions.
40c.
Creation of special fund; expenditure.

        

SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS

41.
Sequoia National Park; establishment; boundaries; trespassers.
42.
Repealed.
43.
Sequoia National Park; rules and regulations; leases; fish and game; trespassers.
44, 45.
Transferred.
45a.
Sequoia National Park; revision of boundaries.
45a–1.
Addition of lands authorized.
45a–2.
Exchange of certain lands for lands conveyed to United States.
45a–3.
Repealed.
45b.
Rules and regulations; leases; fish and game.
45c.
Prior claims, locations, and entries; permits for use of natural resources.
45d.
Exclusive privileges within park prohibited.
45e.
Violations of park regulations; penalty.
45f.
Mineral King Valley addition authorized.
45g.
Addition to Sequoia National Park.
46.
Yosemite National Park; lands segregated from and included in Sierra National Forest; rights-of-way over.
47.
Additional lands excluded from Yosemite National Park and added to Sierra National Forest.
47–1.
Administrative site for Yosemite National Park.
47–2.
Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site.
47–3.
Use of proceeds; administration of leases.
47–4.
Agreements to effectuate leases.
47–5.
Regulations.
47–6.
Conflicts of interest prohibited.
47a.
Addition of certain lands to park authorized.
47b.
Inapplicability of certain laws to lands acquired under section 47a.
47c.
Acquisition of certain lands for preservation and consolidation of timber stands.
47d.
Acquisition of certain lands for protection of park deer.
47e.
Purchase of private lands for park authorized.
47f.
Inapplicability of certain laws to lands acquired under section 47e.
48.
Yosemite Valley and Mariposa Big Tree Grove reserved and made part of Yosemite National Park.
49.
Rights of claimants and owners of lands included; laws and regulations applicable within park.
50.
Repealed.
51.
Yosemite National Park; exchange of privately owned lands in park.
52.
Values of lands and timber to be exchanged; lands added to park.
53.
Cutting and removal of timber.
54.
Sale of matured, dead, or down timber.
55.
Leases of land in park; mortgages by lessees.
56.
Repealed.
57.
Yosemite, Sequoia, and General Grant National Parks; exclusive jurisdiction of United States; jurisdiction remaining in and taxation by California.
58.
Laws applicable; fugitives from justice.
59.
Repealed.
60.
Hunting or fishing prohibited.
61.
Rules and regulations in parks.
62.
Possession of dead bodies of birds or animals.
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.
64.
Sale or disposal of timber; destruction of detrimental animal or plant life.
65.
Seizure and forfeiture of guns, traps, teams, horses, etc.
66 to 77.
Repealed.
78.
Detail of troops to Sequoia, Yosemite, and General Grant Parks.
79.
Omitted.
79–1.
Yosemite National Park; expansion of reservoir capacity.

        

SUBCHAPTER VII—REDWOOD NATIONAL PARK

79a.
Establishment; statement of purposes.
79b.
Park area.
79c.
Acquisition of land.
79c–1.
Vesting in United States of all right, title, etc., in real property and down tree personal property in additional lands; effective date; authorization of appropriations.
79d.
Acquisition of lands.
79e.
Exchange of property; cash equalization payments; commercial operations, minimum economic dislocation and disruption.
79f.
Transfer of property from Federal agency to administrative jurisdiction of Secretary.
79g.
Contract authorization within prescribed cost limits; installments: duration, interest; provisions for payment of judgments and compromise settlements applicable to judgments against United States.
79h.
Memorial groves named for benefactors.
79i.
Administration.
79j.
Authorization of appropriations.
79k.
Mitigation of adverse economic impacts to local economy resulting from additional lands; analysis of Federal actions necessary or desirable; consultations and considerations by Secretaries concerned; reports to Congress; implementation of programs; funding requirements.
79l.
Employment of personnel for rehabilitation, protection, and improvements of additional lands.
79m.
Annual reporting requirements; contents; comprehensive general management plan; submission date and scope.
79n.
Authorization of appropriations for rehabilitation programs.
79o.
Repealed.
79p.
Community services and employment opportunities of Redwoods United, Inc. to be maintained at present rate of employment.
79q.
Pledge of full faith and credit of United States for payment of compensation for lands, etc., taken.

        

SUBCHAPTER VIII—KINGS CANYON NATIONAL PARK

80.
Establishment; boundaries; preservation of rights of citizens.
80a.
General Grant National Park abolished; lands added to Kings Canyon National Park.
80a–1.
Lands excluded from Kings Canyon National Park and added to Sequoia National Forest.
80a–2.
Lands excluded from Sequoia National Forest and added to Kings Canyon National Park.
80a–3.
Lands excluded from Sierra National Forest and Sequoia National Forest and added to Kings Canyon National Park.
80b.
Administration for public recreational purposes.
80c.
Motor-vehicle licenses for Sequoia National Park as applicable; limitation of privileges within park.
80d.
Administration, protection, and development.
80d–1.
Use of appropriations for road construction.
80e to 80h.
Repealed.

        

SUBCHAPTER IX—COLONIAL NATIONAL HISTORICAL PARK

81.
Establishment; statement of purposes.
81a.
Location and boundaries.
81b.
Revision of boundaries.
81c.
Addition of lands.
81d.
Addition of lands.
81e.
Acquisition of property; condemnation proceedings.
81f.
Authorization of appropriation.
81g.
Administration, protection, and development.
81h.
Civil and criminal jurisdiction; legislative authority of State over park.
81i.
Donation of buildings thereafter revenue producing; disposition of proceeds.
81j.
Transfer of lands to Secretary of Navy.
81k.
Exchange of lands.
81l.
Additional exchange of lands.
81m.
Additional exchange of lands.
81n.
Transfer of lands for State Park.
81o.
Transfer of administrative jurisdiction over land.
81p.
Property transfers.

        

SUBCHAPTER X—NORTH CASCADES NATIONAL PARK

90.
Establishment; statement of purposes; description of area.
90a.
Ross Lake National Recreation Area; establishment; statement of purposes; description of area.
90a–1.
Lake Chelan National Recreation Area; establishment; statement of purposes; description of area.
90b.
Land acquisition; authority of Secretary; manner and place; donation of State lands; transfer to administrative jurisdiction of Secretary; elimination of lands from national forests.
90b–1.
Exchange of property; cash equalization payments.
90b–2.
Owner's retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right.
90c.
Administration.
90c–1.
Administration of recreation areas.
90d.
Distributive share of counties of receipts for schools and roads unaffected.
90d–1.
Contracts, leases, permits, or licenses for occupation or use of Federal lands in the park or recreation areas; continuation of privileges for original or extended term.
90d–2.
State rights or privileges in property within recreation area used for certain highway unaffected.
90d–3.
Administration of areas designated for public use facilities or for administrative purposes by Secretaries of the Interior and Agriculture; plan for construction of such facilities.
90d–4.
Federal Power Act administrative jurisdiction unaffected.
90d–5.
Authorization of appropriations.
90e.
Pasayten Wilderness, Okanogan and Mount Baker National Forests; designation; abolition of North Cascades Primitive Area classification.
90e–1.
Glacier Peak Wilderness, Wenatchee and Mount Baker National Forests; extension of boundaries.
90e–2.
Map and legal description, filing with Congressional committees; correction of errors; applicability of Wilderness Act.
90e–3.
Area review; report to the President.

        

SUBCHAPTER XI—MOUNT RAINIER NATIONAL PARK

91.
Establishment; boundaries; trespassers.
92.
Control; regulations; grants for buildings; rights-of-way; fish and game; removal of trespassers.
92a.
Rights-of-way for railways, tramways, and cable lines.
93.
Grant of prior lands to Northern Pacific Railroad; lieu lands to settlers.
94.
Location of mining claims.
95.
Jurisdiction by the United States; fugitives from justice.
96, 97.
Repealed.
98.
Protection of game and fish; forfeitures and punishments.
99.
Forfeitures and seizures of guns, traps, teams, etc.
100 to 106.
Repealed.
107.
Boundary changed.
108.
Other laws extended to added lands.
109.
Additional lands.
110.
Laws and regulations applicable to added lands; free use of roads maintained by State.
110a.
Headquarters site; acquisition of lands.
110b.
Administration of headquarters site.
110c.
Boundary adjustments.
110d.
Mount Rainier National Park Boundary Adjustment.

        

SUBCHAPTER XII—MESA VERDE NATIONAL PARK

111.
Establishment; boundaries.
111a.
Authorization for acquisition of additional lands.
111b.
Donations or exchanges of lands.
111c.
Revision of boundaries; vested rights; administration.
111d.
Acquisition of lands within boundaries of park.
111e.
Authorization of appropriations.
112.
Control; regulations; prehistoric ruins.
113.
Examinations, excavations, and gathering objects of interest.
114.
Removal, disturbance, destruction, or molestation of ruins.
115.
Leases and permits; prehistoric ruins not included.
115a.
Mineral resources; exploitation.
116.
Repealed.
117.
Exclusive jurisdiction ceded to United States by Colorado; saving provisions; fugitives from justice.
117a, 117b.
Repealed.
117c.
Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties.
117d.
Forfeiture of property used for unlawful purpose.
117e to 117j.
Repealed.
118.
Appropriations; availability for operation of Aileen Nusbaum Hospital.

        

SUBCHAPTER XIII—PETRIFIED FOREST NATIONAL PARK

119.
Establishment; notice in Federal Register; administration; exchange and acquisition of lands; remaining funds.
119a.
Boundaries.

        

SUBCHAPTER XIV—CRATER LAKE NATIONAL PARK

121.
Establishment; boundaries.
121a.
Repealed.
122.
Control; regulations.
122a.
Water quality of Crater Lake; studies and investigations; report to Congress.
123.
Settlement, residence, lumbering, or business within park punishable; admission of visitors.
124.
Jurisdiction by the United States; fugitives from justice.
125, 126.
Repealed.
127.
Hunting and fishing; rules and regulations; punishment.
128.
Forfeitures or seizures of guns, traps, teams, etc., for violating regulations.
129 to 135.
Repealed.

        

SUBCHAPTER XV—WIND CAVE NATIONAL PARK

141.
Establishment; boundaries.
141a.
Revision of boundaries.
141b.
Wind Cave National Game Preserve transferred to park.
141c.
Disposal of surplus buffalo and elk.
142.
Control; regulations.
143, 144.
Repealed.
145.
Exchange of lands.
146.
Offenses within park.

        

SUBCHAPTER XVI—CESSION OF INDIAN LANDS AT SULPHUR, OKLAHOMA

151.
Acquisition; payment.
152.
Additional land withdrawn; payment; management and control; regulations; sale of improvements; penalties; town lots.
153.
Existing laws unaffected by admission of Oklahoma; rights and jurisdiction of United States; indemnity school lands.

        

SUBCHAPTER XVII—BIG BEND NATIONAL PARK

156.
Establishment; boundaries.
157.
Acquisition of lands.
157a.
Additional lands; aggregate cost.
157b.
Additional lands within park boundaries.
157c.
Boundary revision; acquisition of lands and interests; authorization of appropriations.
157d.
Additional boundary revision; acquisition of lands and interests.
158.
Administration, protection, and development.
158a to 158d.
Repealed.

        

SUBCHAPTER XVIII—SARATOGA NATIONAL HISTORICAL PARK

159.
Establishment; boundaries.
159a.
Acceptance of donations.
159b.
Administration, protection, and development.
159c.
Completion of establishment.
159d.
Acceptance of General Philip Schuyler Mansion property.
159e.
Revision of boundary; additional acreage; authorization of appropriations.
159f.
Enactment of revision.
159g.
Acquisition of lands.

        

SUBCHAPTER XIX—VOYAGEURS NATIONAL PARK

160.
Congressional declaration of purpose.
160a.
Establishment; notice in Federal Register; donation of lands; acquisition by purchase of other lands.
160a–1.
Boundaries.
160b.
Acquisition of lands; lands outside of boundaries; transfer of Federal property within boundaries to administrative jurisdiction of Secretary; consideration by Secretary of offers to sell property within park area.
160c.
Acquisition of improved property.
160d.
Concession contracts with former owners of commercial, recreational, resort, or similar properties within park boundaries.
160e.
Payment of value differential by Secretary to owner of commercial timberlands exchanging lands for State lands outside of park; determination of value; prerequisites.
160f.
Administration.
160g.
Designation by Secretary of recreational fishing zones; consultation with appropriate State agency; continuation of seining of fish to secure eggs for propagation.
160h.
Programs for development of area for recreational sports activities.
160i.
Applicability to treaties, orders, or agreements.
160j.
Roads accessible to public facilities.
160k.
Funding and other requirements.

        

SUBCHAPTER XX—GLACIER NATIONAL PARK

161.
Establishment; boundaries; trespassers; claims and rights under land laws not affected; reclamation projects; indemnity selections of lands.
161a.
Part of Waterton-Glacier International Peace Park.
161b.
Designation for purposes of administration, promotion, development, and support.
161c.
Addition of land; establishment of fish hatchery.
161d.
Elimination of fish hatchery; transfer of administration of hatchery to Fish and Wildlife Service.
161e.
Additional lands, buildings, or other real and personal property.
162.
Control; regulations; leases; sale and removal of timber.
162a.
Summer homes and cottages.
163.
Jurisdiction by the United States; fugitives from justice.
164.
Eliminating private holdings of lands; timber or public lands of equal value in exchange.
165.
Value of lands sought to be exchanged.
166.
Exchange of timber for private holdings; valuations.
167.
Removal of timber.
167a.
Exchange of lands and other property.
168, 169.
Repealed.
170.
Hunting and fishing; regulations; punishment.
171.
Forfeitures and seizures of guns, traps, teams, etc.
172 to 177.
Repealed.
178.
Hotel regulations.
179.
Donations of buildings and other property.
180 to 181b.
Repealed or Omitted.

        

SUBCHAPTER XXI—ROCKY MOUNTAIN NATIONAL PARK

191.
Establishment; boundaries; reclamation project.
192.
Boundaries enlarged.
192a.
Boundaries revised; excluded lands transferred.
192b.
Addition of lands.
192b–1.
Exchange of lands.
192b–2.
Addition of lands.
192b–3.
Acquisition of lands.
192b–4.
Acquisition of property to connect certain roads and to develop residential, utility, and administrative units.
192b–5.
Inclusion of acquired lands; rules and regulations.
192b–6.
Exchange of lands.
192b–7.
Revision of boundaries.
192b–8.
Description of parcels of land.
192b–9.
Rocky Mountain National Park, Roosevelt National Forest, and the Arapaho National Forest.
192b–10.
Boundary adjustment for Rocky Mountain National Park and Roosevelt National Forest.
192c.
Vested rights.
193.
Claims and rights under land laws not affected; rights-of-way for irrigation and other purposes.
194.
Lands held in private, municipal, or State ownership not affected.
195.
Control; regulations; leases; sale and removal of timber.
195a.
North St. Vrain Creek and adjacent lands.
196.
Use for Arbuckle Reservoir.
197.
Applicability of other laws.
198.
Exclusive jurisdiction; assumption by United States; saving provisions.
198a, 198b.
Repealed.
198c.
Prohibited acts; rules and regulations; penalties for offenses.
198d.
Forfeiture of property used in commission of offenses.
198e to 198j.
Repealed.

        

SUBCHAPTER XXII—LASSEN VOLCANIC NATIONAL PARK

201.
Establishment; boundaries; trespassers; entries under land laws; indemnity lands.
201a.
Revision of boundaries.
201b.
Sections applicable to lands within revised boundaries.
202.
Control; rules and regulations; fish and game; leases; automobiles; stock grazing.
202a.
Summer homes and cottages.
203.
Sale and removal of timber; charges for leases and privileges.
204.
Exclusive jurisdiction ceded to United States by California.
204a, 204b.
Repealed.
204c.
Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties.
204d.
Forfeiture of property used for unlawful purposes.
204e to 204j.
Repealed.
204k.
Addition of lands.
204l.
Application of Federal Power Act.
204m.
Vested rights.
205.
Additional lands for administrative headquarters site.
205a.
Sections made applicable to additional lands.
206.
Exchange of lands within exterior boundaries; removal of timber.
207.
Exchange of certain lands; adjustment of boundary.
207a.
Application of Federal Power Act to lands acquired under section 207.
207b.
Exchange of lands with California; adjustment of boundary.
207c.
Additional lands from Lassen National Forest; authorization for road.

        

SUBCHAPTER XXIII—ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL PARK

211.
Acceptance of title; terms and conditions; admission fees.
212.
Endowment fund; protection and preservation.
213.
Execution of instruments necessary to carry out purposes of gift.
214.
Rules and regulations.
215.
Improvements and preservation of lands and buildings.
216.
Authorization of appropriation.
217.
Change in name of Abraham Lincoln National Park.
217a.
Change in name of Abraham Lincoln National Historical Park.
217b.
Abraham Lincoln Birthplace National Historical Park.
218.
Addition of land.
218a.
Abraham Lincoln Birthplace National Historical Park, Kentucky.

        

SUBCHAPTER XXIV—GRAND CANYON NATIONAL PARK

221.
Establishment; boundaries.
221a.
Boundary changed.
221b.
Various laws made applicable to added lands.
221c.
Exchange of lands.
221d.
Relinquishment of interest in road.
221e.
Additional lands.
222.
Administration, concessions, and privileges; contracts for sale of water.
223.
Repealed.
224.
Entries under land laws; toll road.
225.
Laws applicable; easements and rights-of-way.
226.
Omitted.
227.
Utilization of areas for Government reclamation projects.
228.
Buildings on privately owned lands.
228a.
Enlargement of boundaries; statement of purpose.
228b.
Composition of park.
228c.
Acquisition of lands within enlarged boundaries by donation, purchase, or exchange; transfer of jurisdiction over Federal lands.
228d.
Acquisition of State of Arizona or local lands by donation or exchange; approval for transfer to United States of Indian trust lands.
228e.
Cooperative agreements for protection and unified interpretation of enlarged park; scope of agreements.
228f.
Preservation and renewal of existing grazing rights within enlarged boundaries; term of renewal.
228g.
Aircraft or helicopter regulation within enlarged boundaries; procedure for promulgation of administrative rules and regulations.
228h.
Construction with existing Colorado River system reclamation provisions.
228i.
Havasupai Indian Reservation.
228i–1.
Report to President.
228j.
Authorization of appropriations; availability of sums.

        

SUBCHAPTER XXV—JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE

Part A—Generally

230.
Establishment; description of area.
230a.
Acquisition of property.
230b.
Owner's retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; "improved property" defined.
230c.
Cooperative agreements; specific provisions.
230d.
Hunting, fishing, and trapping; public safety; consultation.
230e.
Establishment; notice in Federal Register; administration.
230f.
Delta Region Preservation Commission.
230g.
Authorization of appropriations; general management plan; submission to Congressional committees.
230h.
Change in name of Chalmette National Historical Park.
230i.
Report to Congressional committees.

        

Part B—Chalmette Unit

231.
Establishment; description of area.
231a.
Additional lands.
231b.
Acceptance of donations.
231c.
Administration, protection, and development.
231d.
Repeal of inconsistent laws.

        

SUBCHAPTER XXVI—THEODORE ROOSEVELT NATIONAL PARK

241.
Establishment; boundaries; maintenance of roads.
241a.
Extension of boundaries.
241b.
Exchange of lands.
241c.
Additional extension of lands.
241d.
Exclusion of lands.
241e.
Authority to make further adjustments.
241f.
Extension of exchange authority.
241g.
Change in name of Theodore Roosevelt National Memorial Park.
242.
Condemnation of land; acceptance of donations.
243.
Exchange of lands.
244.
Construction of log buildings; limitation on cost.
245.
Administration, protection, and development.
246.
Repealed.
247.
Homestead, mineral, and other rights unaffected.

        

SUBCHAPTER XXVII—OLYMPIC NATIONAL PARK

251.
Establishment; boundaries.
251a.
Additional lands.
251b.
Exchange of lands.
251c.
Administration of acquired lands.
251d.
Applicability to privately owned lands.
251e.
Boundary revision.
251f.
Consultation by Secretary with Governor, local officials, and affected landowners; notice to Congressional committees; publication in Federal Register.
251g.
Land acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights.
251h.
Property retention rights; compensation at fair market value; "improved property" defined.
251i.
Land acquisition of privately owned land; report to Congress; condemnation proceedings; compensation.
251j.
Property retention rights of landowners; use and occupancy improvements; plan to be submitted to Secretary; approval evidenced by issuance of permit and certificate; limitation on acquisition power of Secretary.
251k.
Economic dislocation in land acquisition; exchange of lands; transfers of land within a national forest; concurrence of Secretary of Agriculture.
251l.
Retrocession of lands to State; Quileute Indian Reservation jurisdiction; concurrent legislative jurisdiction with State.
251m.
Authorization of appropriations.
251n.
Additional boundary revision.
252.
Disposal of mineral rights.
253.
Apportionment of income among counties.
254.
Administration, protection, and development.
255.
Effect on existing homestead, mineral, etc., entries; revision of boundaries.
256.
Acceptance of land ceded by State of Washington; assumption of jurisdiction.
256a.
Repealed.
256b.
Hunting and fishing; general rules and regulations; protection of property; violation of statutes or rules; penalties.
256c.
Forfeiture of property used in hunting, fishing, etc.
256d to 256h.
Repealed.
256i.
Notice to Governor of Washington; application of laws to subsequently accepted lands.

        

SUBCHAPTER XXVIII—CUMBERLAND GAP NATIONAL HISTORICAL PARK

261.
Establishment; description of area.
262.
Total area; consent of Congress to acquisition of lands and property and transfer thereof to United States.
263.
Acceptance of donations.
264.
Administration, protection, and development.
265.
Addition of lands.
266.
Authorization of appropriations for acquisition of additional lands.
267.
Authority of Secretary to acquire additional lands.
268.
Authority of Secretary to acquire lands for trailheads.
268a.
Acquisition of Fern Lake watershed.

        

SUBCHAPTER XXIX—CANYONLANDS NATIONAL PARK

271.
Establishment; description of area.
271a.
Acquisition of lands; authority of Secretary; exchange of property; cash equalization payments; transfer from Federal agency to administrative jurisdiction of Secretary; lands subject to reclamation and power withdrawals.
271b.
Grazing privileges; right of occupancy or use for fixed term of years; renewal.
271c.
Access roads.
271d.
Administration, protection, and development.
271e.
Report to President.
271f.
Omitted.
271g.
Authorization of appropriations.

        

SUBCHAPTER XXX—ARCHES NATIONAL PARK

272.
Establishment of park.
272a.
Acquisition of property.
272b.
Livestock grazing.
272c.
Livestock trails, watering rights; driveway designation and regulation.
272d.
Administration, protection, and development; report to President.
272e.
Omitted.
272f.
Authorization of appropriations.
272g.
Land exchange involving school trust land.

        

SUBCHAPTER XXXI—CAPITOL REEF NATIONAL PARK

273.
Establishment.
273a.
Acquisition of property; authority of Secretary; State property.
273b.
Grazing privileges; right of occupancy or use for fixed term of years; renewal.
273c.
Livestock trails, watering rights; driveway regulations.
273d.
Administration, protection, and development.
273e.
Omitted.
273f.
Authorization of appropriations.

        

SUBCHAPTER XXXII—NEZ PERCE NATIONAL HISTORICAL PARK

281.
Purpose.
281a.
Designation.
281b.
Acquisition of lands; restrictions; tribal-owned lands.
281c.
Inclusion of lands.
281d.
Establishment; notice in Federal Register; administration.
281e.
Contracts and cooperative agreements with State of Idaho, and others.
281f.
Authorization of appropriations.

        

SUBCHAPTER XXXIII—SAN JUAN ISLAND NATIONAL HISTORICAL PARK

282.
Acquisition of property; purpose; authority of Secretary; manner and place; donation of State lands.
282a.
Designation; administration, protection, and development.
282b.
Cooperative agreements with State of Washington and others; erection and maintenance of tablets or markers.
282c.
Authorization of appropriations.

        

SUBCHAPTER XXXIV—GUADALUPE MOUNTAINS NATIONAL PARK

283.
Establishment; purposes; boundaries.
283a.
Acquisition of lands.
283b.
Establishment; notice in Federal Register; property rights.
283c.
Administration.
283d.
Availability of funds.
283e.
Authorization of appropriations; expenditure for improvements limitation.

        

SUBCHAPTER XXXV—WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS

284.
Establishment; statement of purposes; description; acquisition of property; acreage limitation.
284a.
Administration.
284b.
Authorization of appropriations.
284c.
Financial assistance for reconstruction of Center.
284d.
Cooperative agreement with Foundation for presentation of programs.
284e.
Vested property of United States; status of Foundation.
284f.
Repealed.
284g.
Cooperation of government agencies.
284h.
General management plan; preparation and revision; submittal to Congressional committees.
284i.
Authorization of additional appropriations.
284j.
Definitions.
284k.
References.

        

SUBCHAPTER XXXVI—GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK

291.
Establishment; acceptance of land.
291a.
Cooperative agreements with property owners of non-Federal property.
291b.
Administration, protection, development, and maintenance.

        

SUBCHAPTER XXXVII—ACADIA NATIONAL PARK

341.
Establishment; description of area.
342.
Administration, protection, and promotion.
342a.
Extension of boundary limits.
342b.
Lafayette National Park name changed to Acadia National Park; land unaffected by Federal Power Act.
343.
Acceptance of property on Mount Desert Island.
343a.
Naval radio station, Seawall, Maine, as addition to park.
343b.
Addition of lands.
343c.
Exchange of lands; Jackson Memorial Laboratory.
343c–1.
Exchange of lands; Mount Desert Island Regional School District.
343c–2.
Addition of lands; Jackson Laboratory.
343c–3.
Conveyance of land; Jackson Laboratory.
343c–4.
Exchange of lands; Rich property.
343d.
Exclusion of lands; disposal as surplus property.

        

SUBCHAPTER XXXVIII—ZION NATIONAL PARK

344.
Establishment; maintenance.
345.
Administration, protection, and promotion.
346.
Exchange of lands.
346a.
Extension of boundaries.
346a–1.
Addition of lands.
346a–2.
Acquisition of lands; administration.
346a–3.
Exchange of lands; construction of interchange.
346a–4.
Boundary revision
346a–5.
Zion National Park boundary adjustment.
346a–6.
Transfer of administrative jurisdiction to National Park Service.
346b.
Consolidation of Zion National Park and Zion National Monument.
346c.
Administration.
346d.
Use of funds.
346e.
Authorization for park facilities to be located outside the boundaries of Zion National Park and Yosemite National Park.

        

SUBCHAPTER XXXIX—DENALI NATIONAL PARK

347.
Establishment; boundaries.
348.
Entries under land laws not affected.
349.
Rights-of-way.
350, 350a.
Repealed.
351.
Control; rules and regulations.
352.
Game refuge; killing game.
353.
Leases.
353a.
Repealed.
354.
Offenses; punishment.
355.
Change of boundaries.
355a.
Laws applicable to added lands.

        

SUBCHAPTER XL—HOT SPRINGS NATIONAL PARK

361.
Establishment; supply of water; free baths for indigent; dedication to United States.
361a.
Additions to park.
361b.
Additions to park.
361c.
Additions to park.
361c–1.
Omitted.
361d.
Additions to park.
361e.
Acceptance of donations.
361f.
Exchange of lands.
361g.
Modification of park boundary.
362.
Leases of bathhouses and sites; supply of water.
363.
Rules and regulations.
364.
Investigation of applicant for lease or contract.
365.
Taxation, under State laws.
366.
Collection of water on reservation.
367.
Sale of lots.
368.
Operation of bathhouse in connection with hotel.
369.
Charges assessable against bath attendants and masseurs and physicians prescribing use of hot waters.
370.
Omitted.
370a.
Retention of Arlington Hotel site for park and landscape purposes.
371.
Use of free bathhouses limited.
372.
Laws operative within judicial district of Arkansas.
372a.
Acceptance of jurisdiction over part of park; application of laws.
373.
Injuries to property.
374.
Taking or use of or bathing in water in violation of rules and regulations.
375 to 383.
Repealed.

        

SUBCHAPTER XLI—HAWAII NATIONAL PARK

391.
Establishment; boundaries.
391a.
Boundary on island of Maui changed.
391b.
Extension of boundaries.
391b–1.
Laws applicable to added lands.
391c.
Withdrawal of lands for use as bombing target range.
391d.
Change in name of part of Hawaii National Park.
392.
Acquisition of privately owned lands.
392a.
Provisions of section 392 extended to additional lands.
392b.
Conveyance of added lands to United States by Governor.
392c.
Addition to Hawai‘i Volcanoes National Park.
393.
Entries under land laws; rights-of-way; lands excluded.
394.
Control; rules and regulations; leases; appropriations.
395.
Exclusive jurisdiction in United States; exceptions; laws applicable; fugitives from justice.
395a, 395b.
Repealed.
395c.
Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties.
395d.
Forfeiture of property used for unlawful purposes.
395e to 395j.
Repealed.
396.
Additional lands; acceptance of title.
396a.
Lease of lands to native Hawaiians, residence requirements; fishing.

        

SUBCHAPTER XLII—HALEAKALĀ NATIONAL PARK

396b.
Establishment; boundaries; administration.
396c.
Land acquisition; authorization of appropriations.

        

SUBCHAPTER XLII–A—KALOKO-HONOKŌHAU NATIONAL HISTORICAL PARK

396d.
Establishment.
396e.
Exchange of lands.
396f.
Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts.

        

SUBCHAPTER XLIII—PU‘UHONUA O HŌNAUNAU NATIONAL HISTORICAL PARK

397.
Establishment; boundaries.
397a.
Establishment; notice in Federal Register.
397b.
Procurement of lands.
397c.
Acquisition of lands by Governor of the Territory of Hawaii.
397d.
Administration.

        

SUBCHAPTER XLIV—VIRGIN ISLANDS NATIONAL PARK

398.
Establishment; administration.
398a.
Conditions and limitations.
398b.
Repealed.
398c.
Addition of lands.
398d.
Acquisition of lands, waters, and interests therein.
398e.
Bathing and fishing rights protected.
398f.
Authorization of appropriations for acquisitions, grants, etc.

        

SUBCHAPTER XLV—BRYCE CANYON NATIONAL PARK

401.
Establishment; boundaries; administration.
402.
Existing claims, locations, or entries not affected; exchange of lands.
402a.
Utah National Park; change of name to Bryce Canyon National Park.
402b.
Additions to park.
402c.
Further additions to park.
402d.
Extension of boundaries; laws applicable.
402e.
Application of Federal Power Act.
402f.
Further additions to park.
402g.
Elimination of lands.

        

SUBCHAPTER XLVI—SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS NATIONAL PARK

403.
Establishment; boundaries.
403–1.
Addition of lands to Shenandoah National Park.
403–2.
Exchange of lands within Shenandoah National Park.
403–3.
Addition of lands to Shenandoah National Park; administration.
403a.
Acceptance of title to lands.
403b.
Administration, protection, and development; Federal Power Act inapplicable; minimum area.
403c.
Use of existing commission.
403c–1.
Respective jurisdiction of Virginia and United States over lands in Shenandoah Park.
403c–2.
Repealed.
403c–3.
Criminal offenses concerning hunting, fishing, and property.
403c–4.
Forfeiture of property used in commission of offenses.
403c–5 to 403c–11. Repealed.
403d.
Lease of lands within Shenandoah National Park and Great Smoky Mountains National Park.
403e.
Acceptance of title to lands; reservations; leases; rights-of-way and easements.
403f.
Great Smoky Mountains National Park; extension of boundaries.
403g.
Establishment; minimum area.
403g–1.
Exchange of lands.
403h.
Inclusion of acquired lands.
403h–1.
Acceptance of jurisdiction by United States; saving provisions.
403h–2.
Repealed.
403h–3.
Hunting, fishing, etc.; rules and regulations; protection of property; penalties for violating laws and rules.
403h–4.
Forfeiture of property used in commission of offenses.
403h–5 to 403h–9. Repealed.
403h–10.
Notice to Governors of North Carolina and Tennessee; application of sections 403h–3 and 403h–4 to subsequent lands accepted.
403h–11.
Further additions for construction of scenic parkway.
403h–12.
Entrance road to Cataloochee section.
403h–13.
Authorization of appropriations.
403h–14.
Authorization to transfer additional lands for scenic parkway.
403h–15.
Conveyances to Tennessee of lands within Great Smoky Mountains National Park.
403h–16.
Reconveyance of rights-of-way and lands for control of landslides along Gatlinburg Spur of the Foothills Parkway; conditions.
403h–17.
Elimination of lands from Great Smoky Mountains National Park and Gatlinburg Spur of the Foothills Parkway.
403i.
Secretary of the Interior authorized to purchase necessary lands.
403j.
Authorization of appropriation.
403k.
Boundary between Great Smoky Mountains National Park and Cherokee-Pisgah-Nantahala National Forests.
403k–1.
Laws applicable.
403k–2.
Addition of lands to Great Smoky Mountains National Park.
403k–3.
Palmer's Chapel in Cataloochee Valley of Great Smoky Mountains National Park; protection and continued use; communication of Chapel history to visitors.

        

SUBCHAPTER XLVII—MAMMOTH CAVE NATIONAL PARK

404.
Establishment; boundaries.
404a.
Acceptance of title to lands.
404b.
Administration, protection, and development; Federal Power Act inapplicable; minimum area.
404b–1.
Exclusion of Great Onyx and Crystal Caves.
404b–2.
Eventual acquisition of Great Onyx and Crystal Caves; cooperation with State of Kentucky.
404c.
Omitted.
404c–1.
Acceptance of cession by United States; jurisdiction.
404c–2.
Fugitives from justice.
404c–3.
Criminal offenses concerning hunting, fishing, and property; prima facie evidence; rules and regulations.
404c–4.
Forfeiture of property used in commission of offenses.
404c–5 to 404c–9. Repealed.
404c–10.
Notice of assumption of police jurisdiction by United States; acceptance by Secretary of further cessions.
404c–11.
Secretary of the Interior authorized to acquire additional lands; appropriation; approval of title.
404c–12.
Entrance roads.
404d.
Acceptance of title to lands; reservations; leases; rights-of-way and easements.
404e.
Donations of money; acquisition of title to lands.
404f.
Acquisition of additional lands.

        

SUBCHAPTER XLVIII—COOS COUNTY, OREGON

405.
Reservation for park and camp sites.
405a.
Rules and regulations; fees.

        

SUBCHAPTER XLIX—GRAND TETON NATIONAL PARK

406 to 406d.
Repealed.
406d–1.
Establishment; boundaries; administration.
406d–2.
Rights-of-way; continuation of leases, permits, and licenses; renewal; grazing privileges.
406d–3.
Compensation for tax losses; limitation on annual amount.
406d–4.
Acceptance of other lands by Secretary of the Interior.
406d–5.
Use for reclamation purposes of certain lands within exterior boundary.

        

SUBCHAPTER L—CARLSBAD CAVERNS NATIONAL PARK

407.
Establishment; description of area.
407a.
Administration, protection, and development.
407b.
Applicability of Federal Power Act.
407c.
Repealed.
407d.
Admission and guide fees exempt from tax.
407e.
Boundaries.
407f.
Exchange of lands.
407g.
State right-of-way for park-type road; reconveyance of interest upon completion of road.
407h.
Authorization of appropriations.

        

SUBCHAPTER LI—INDEPENDENCE NATIONAL HISTORICAL PARK

407m.
Establishment; acquisition of land; property involved.
407m–1.
Acquisition of additional lands and buildings.
407m–2.
Acquisition of property adjacent to Old Saint Joseph's Church.
407m–3.
Acquisition of site of Graff House.
407m–4.
Erection of replica of Graff House; maintenance.
407m–5.
Inclusion of additional lands and building; administration.
407m–6.
Authorization of appropriations.
407m–7.
Exchange of property.
407m–8.
Independence National Historical Park boundary adjustment.
407n.
Cooperative agreements between Secretary of the Interior and City of Philadelphia; contents.
407o.
Construction of buildings; acceptance of donations.
407p.
Establishment of advisory commission; composition, appointment, and duties.
407q.
Administration, protection, and development.
407r.
Authorization of appropriations.
407s.
Administration and operation of properties; use of funds; contracts.

        

SUBCHAPTER LI–A—NATIONAL CONSTITUTION CENTER

407aa.
Findings and purposes.
407bb.
Establishment.
407cc.
Acquisition of site for and operation of Center.
407dd.
Directives to Secretary.
407ee.
Authorization of appropriations.

        

SUBCHAPTER LII—ISLE ROYALE NATIONAL PARK

408.
Establishment; acquisition of land.
408a.
Acceptance of title to lands.
408b.
Administration, protection, and development.
408c.
Acceptance of title to lands; reservations; leases; rights-of-way and easements.
408d.
Addition of lands purchased within boundaries for conservation or forestation purposes.
408e.
Addition of lands; Passage Island.
408f.
Former Siskiwit Islands Bird Reservation.
408g.
Submerged lands surrounding islands.
408h.
Federally owned lands within park boundaries.
408i.
Acceptance of territory ceded by Michigan; jurisdiction.
408j.
Repealed.
408k.
Hunting and fishing; general rules and regulations; protection of property; violation of statutes or rules; penalties.
408l.
Forfeiture of property used in hunting, fishing, etc.
408m to 408q.
Repealed.

        

SUBCHAPTER LIII—MORRISTOWN NATIONAL HISTORICAL PARK

409.
Establishment; acquisition of land.
409a.
Acceptance of title to lands.
409b.
George Washington headquarters; maintenance.
409c.
Board of advisers.
409d.
Employees of Washington Association of New Jersey.
409e.
Administration, protection, and development.
409f.
Jurisdiction of New Jersey in civil, criminal and legislative matters retained; citizenship unaffected.
409g.
Additional lands.
409h.
Administration of additional lands.
409i.
Acquisition of Warren Property for Morristown National Historical Park.

        

SUBCHAPTER LIV—EVERGLADES NATIONAL PARK

410.
Establishment; acquisition of land.
410a.
Acceptance of title to lands.
410b.
Administration, protection, and development.
410c.
Preservation of primitive condition.
410d.
Acceptance and protection of property pending establishment of park; publication of establishment order.
410e.
Acquisition of additional lands; reservation of oil, gas, and mineral rights; reservation of royalty rights.
410f.
Limitation of Federal action during reservation period.
410g.
Rules and regulations governing reservation rights.
410h.
Ascertainment of owners' election regarding reservation rights.
410i.
Exterior boundaries; administration.
410j.
Acquisition of land, water, and interests therein; consent of owner; reservations.
410k.
Limitation of Federal action during reservation period.
410l.
Rules and regulations governing reservation rights.
410m.
Ascertainment of owners' election regarding reservation rights.
410n.
Drainage of lands; right-of-way.
410o.
Exchange of land, water, and interests therein.
410p.
Authorization of appropriations.
410q.
Exchange of lands.
410r.
Lands acquired as part of park; rules and regulations.
410r–1.
Acceptance of additional lands.
410r–2.
Lands acquired as part of park; rules and regulations.
410r–3.
Acceptance of additional lands; lands acquired as part of park; reimbursement of revolving fund.
410r–4.
Authorization of appropriations for reimbursement of revolving fund.
410r–5.
Findings, purposes, and definitions.
410r–6.
Boundary modification.
410r–7.
Administration.
410r–8.
Modification of certain water projects.
410r–9.
Boundary revision.

        

SUBCHAPTER LV—MINUTE MAN NATIONAL HISTORICAL PARK

410s.
Establishment.
410t.
Acquisition and transfer of lands; private owner's retention of right of use and occupancy.
410u.
Preservation of historic sites.
410v.
Appointment and composition of advisory commission.
410w.
Administration, protection, and development.
410x.
Authorization of appropriations.
410x–1.
Residential occupancy.
410x–2.
"Residential property" defined.

        

SUBCHAPTER LVI—CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK

410y.
Definitions.
410y–1.
Purposes; establishment; boundaries; acquisition of lands; procedure for acquisition; time of acquisition.
410y–1a.
Boundary revision.
410y–2.
Consideration by Secretary of comprehensive local or State development, land use, or recreational plans.
410y–3.
Access.
410y–4.
Chesapeake and Ohio Canal National Historical Park Commission.
410y–5.
Administration.
410y–6.
Availability of funds; authorization of appropriations; adjustment of appropriations.

        

SUBCHAPTER LVII—BOSTON NATIONAL HISTORICAL PARK

410z.
Establishment.
410z–1.
Acquisition of additional sites.
410z–2.
Boston National Historical Park Advisory Commission.
410z–3.
Visitor center.
410z–4.
Administration.
410z–5.
Authorization of appropriations.

        

SUBCHAPTER LVIII—VALLEY FORGE NATIONAL HISTORICAL PARK

410aa.
Establishment.
410aa–1.
Lands and property.
410aa–2.
Notice in Federal Register; appropriations; administration.
410aa–3.
Authorization of appropriations.

        

SUBCHAPTER LIX—KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK

410bb.
Establishment.
410bb–1.
Administration.
410bb–2.
Cooperation with Canada for planning and development of international park.
410bb–3.
Authorization of appropriations.

        

SUBCHAPTER LIX–A—LOWELL NATIONAL HISTORICAL PARK

Part A—Establishment of Park and Preservation District

410cc.
Congressional statement of findings and purpose.
410cc–1.
Definitions.
410cc–11.
Establishment of Lowell National Historical Park.
410cc–12.
Consultations, cooperation, and conduct of activities by Federal entities; issuance of licenses or permits by Federal entities.
410cc–13.
Authorization of appropriations.
410cc–14.
Funding limitations.

        

Part B—Powers and Duties of Secretary

410cc–21.
Park management plan.
410cc–22.
Acquisition of property.
410cc–23.
Agreements and technical assistance.
410cc–24.
Withholding of funds; criteria.
410cc–25.
Administrative functions.

        

Part C—Powers and Duties of Preservation Commission

410cc–31.
Lowell Historic Preservation Commission.
410cc–32.
Park preservation plan and index.
410cc–33.
Financial and technical assistance.
410cc–34.
Acquisition and disposition of property.
410cc–35.
Powers of Commission.
410cc–36.
Staff of Commission.
410cc–37.
Use of funds; maintenance of financial records; audits.

        

SUBCHAPTER LIX–B—WAR IN THE PACIFIC NATIONAL HISTORICAL PARK

410dd.
Establishment.

        

SUBCHAPTER LIX–C—SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK

410ee.
San Antonio Missions National Historical Park.

        

SUBCHAPTER LIX–D—CHANNEL ISLANDS NATIONAL PARK

410ff.
Establishment.
410ff–1.
Acquisition of property.
410ff–2.
Natural resources study reports to Congress; cooperative agreements for enforcement of laws and regulations on State-owned land.
410ff–3.
Administration.
410ff–4.
Federal or federally assisted undertakings with respect to lands and waters within, adjacent to, or related to park.
410ff–5.
Designation of wilderness areas.
410ff–6.
Entrance or admission fees prohibited.
410ff–7.
Expenditure of Federal funds for research, resources management, and visitor protection and use on private property; transfer of funds; authorization of appropriations.

        

SUBCHAPTER LIX–E—BISCAYNE NATIONAL PARK

410gg.
Establishment; description of boundary; minor boundary revisions; publication in Federal Register.
410gg–1.
Acquisition of property.
410gg–2.
Administration; fishing; abolition of Biscayne National Monument; monument incorporated within and made part of park; monument funds and appropriations available for park.
410gg–3.
Report as to suitability for designation as wilderness area; compliance with procedure for such designation.
410gg–4.
Revised comprehensive general management plan; submission to Congressional committees.
410gg–5.
Authorization of appropriations; entrance or admission fees prohibition.

        

SUBCHAPTER LIX–F—ALASKAN NATIONAL PARKS

410hh.
Establishment of new areas.
410hh–1.
Additions to existing areas.
410hh–2.
Administration; hunting and subsistence uses; admission fees.
410hh–3.
Native selections.
410hh–4.
Commercial fishing.
410hh–5.
Withdrawal of lands from mining and mineral leasing.

        

SUBCHAPTER LIX–G—CHACO CULTURE NATIONAL HISTORICAL PARK

410ii.
Findings and purpose.
410ii–1.
Establishment.
410ii–2.
Repealed.
410ii–3.
Acquisition of properties.
410ii–4.
Cooperative agreements for the protection, preservation, and maintenance of archeological resources.
410ii–5.
Administration.
410ii–6.
Research and data gathering.
410ii–7.
Authorization of appropriation.

        

SUBCHAPTER LIX–H—KALAUPAPA NATIONAL HISTORICAL PARK

410jj.
Establishment.
410jj–1.
Purposes.
410jj–2.
Boundaries; revisions of boundary; publication in Federal Register.
410jj–3.
Acquisition of lands and interests.
410jj–4.
Administration.
410jj–5.
Special needs of leprosy patients residing in Kalaupapa settlement; specific provisions.
410jj–6.
Additional needs of leprosy patients and Native Hawaiians for employment and training; specific provisions.
410jj–7.
Advisory Commission.
410jj–8.
Reevaluation of management, etc., policies.
410jj–9.
Authorization of appropriations.

        

SUBCHAPTER LIX–I—LYNDON B. JOHNSON NATIONAL HISTORICAL PARK

410kk.
Establishment.
410kk–1.
Administration.
410kk–2.
Authorization of appropriations.

        

SUBCHAPTER LIX–J—WOMEN'S RIGHTS NATIONAL HISTORICAL PARK

410ll.
Establishment.
410ll–1.
Votes for Women Trail.

        

SUBCHAPTER LIX–K—GREAT BASIN NATIONAL PARK

410mm.
Establishment.
410mm–1.
Administration.
410mm–2.
Acquisition of land.
410mm–3.
Authorization of appropriations.

        

SUBCHAPTER LIX–L—SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK

410nn.
Establishment.
410nn–1.
Administration.
410nn–2.
Acquisition of property.
410nn–3.
Advisory Commission.
410nn–4.
Authorization of appropriations.

        

SUBCHAPTER LIX–M—NATCHEZ NATIONAL HISTORICAL PARK

410oo.
Purposes.
410oo–1.
Establishment.
410oo–2.
Acquisition of property.
410oo–3.
Administration.
410oo–4.
Natchez Trace study.
410oo–5.
Advisory Commission.
410oo–6.
Authorization of appropriations.

        

SUBCHAPTER LIX–N—ZUNI-CIBOLA NATIONAL HISTORICAL PARK

410pp to 410pp–8. Omitted.

        

SUBCHAPTER LIX–O—NATIONAL PARK OF AMERICAN SAMOA

410qq.
Findings and purpose.
410qq–1.
Establishment.
410qq–2.
Administration.
410qq–3.
"Native American Samoan" defined.
410qq–4.
Authorization of appropriations.

        

SUBCHAPTER LIX–P—PECOS NATIONAL HISTORICAL PARK

410rr.
Purpose.
410rr–1.
Establishment.
410rr–2.
Acquisition of lands, waters, and interests in lands and waters.
410rr–3.
Administration.
410rr–4.
Management plan.
410rr–5.
Study of possible inclusion of additional sites and ruins.
410rr–6.
Authorization of appropriations.
410rr–7.
Glorieta Unit of Pecos National Historical Park.

        

SUBCHAPTER LIX–Q—TUMACACORI NATIONAL HISTORICAL PARK

410ss.
Establishment.
410ss–1.
Administration.

        

SUBCHAPTER LIX–R—SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE AT ST. CROIX, VIRGIN ISLANDS

410tt.
Findings.
410tt–1.
Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands.
410tt–2.
Acquisition of land.
410tt–3.
Administration.
410tt–4.
Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Commission.
410tt–5.
Authorization of appropriations.

        

SUBCHAPTER LIX–S—HOPEWELL CULTURE NATIONAL HISTORICAL PARK

410uu.
Renaming.
410uu–1.
Expansion of boundaries.
410uu–2.
Cooperative agreements.
410uu–3.
Studies.
410uu–4.
Authorization of appropriations.

        

SUBCHAPTER LIX–T—MARSH-BILLINGS-ROCKEFELLER NATIONAL HISTORICAL PARK

410vv.
Purposes.
410vv–1.
Establishment.
410vv–2.
Administration.
410vv–3.
Marsh-Billings-Rockefeller National Historical Park Scenic Zone.
410vv–4.
Cooperative agreements.
410vv–5.
Endowment.
410vv–6.
Reservation of use and occupancy.
410vv–7.
General management plan.
410vv–8.
Authorization of appropriations.

        

SUBCHAPTER LIX–U—DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK

Part A—Dayton Aviation Heritage National Historical Park

410ww.
Establishment.
410ww–1.
Protection of historic properties.
410ww–2.
Park general management plan.
410ww–3.
Studies.
410ww–4.
Administration.
410ww–5.
Cooperation of Federal agencies.
410ww–6.
Coordination between Secretary and Secretary of Defense.
410ww–7.
Assistance.
410ww–8.
Authorization of appropriations.

        

Part B—Dayton Aviation Heritage Commission

410ww–21.
Dayton Aviation Heritage Commission.
410ww–22.
Dayton historic resources preservation and development plan.
410ww–23.
General powers of Commission.
410ww–24.
Staff of Commission.
410ww–25.
Authorization of appropriations.

        

SUBCHAPTER LIX–V—DRY TORTUGAS NATIONAL PARK

410xx.
Establishment.
410xx–1.
Administration.
410xx–2.
Land acquisition and transfer of property.
410xx–3.
Authorization of appropriations.

        

SUBCHAPTER LIX–W—KEWEENAW NATIONAL HISTORICAL PARK

410yy.
Findings and purposes.
410yy–1.
Definitions.
410yy–2.
Establishment.
410yy–3.
Acquisition of property.
410yy–4.
Cooperation by Federal agencies.
410yy–5.
General management plan.
410yy–6.
Cooperative agreements.
410yy–7.
Financial and technical assistance.
410yy–8.
Keweenaw National Historical Park Advisory Commission.
410yy–9.
Authorization of appropriations.

        

SUBCHAPTER LIX–X—SAGUARO NATIONAL PARK

410zz.
Findings and purpose.
410zz–1.
Establishment.
410zz–2.
Expansion of boundaries.
410zz–3.
Authorization of appropriations.

        

SUBCHAPTER LIX–Y—CALIFORNIA DESERT LANDS PARKS AND PRESERVE

Part A—Death Valley National Park

410aaa.
Findings.
410aaa–1.
Establishment.
410aaa–2.
Transfer and administration of lands.
410aaa–3.
Maps and legal description.
410aaa–4.
Withdrawal.
410aaa–5.
Grazing.
410aaa–6.
Death Valley National Park Advisory Commission.
410aaa–7.
Boundary adjustment.

        

Part B—Joshua Tree National Park

410aaa–21.
Findings.
410aaa–22.
Establishment.
410aaa–23.
Transfer and administration of lands.
410aaa–24.
Maps and legal description.
410aaa–25.
Withdrawal.
410aaa–26.
Utility rights-of-way.
410aaa–27.
Joshua Tree National Park Advisory Commission.

        

Part C—Mojave National Preserve

410aaa–41.
Findings.
410aaa–42.
Establishment.
410aaa–43.
Transfer of lands.
410aaa–44.
Maps and legal description.
410aaa–45.
Abolishment of scenic area.
410aaa–46.
Administration.
410aaa–47.
Withdrawal.
410aaa–48.
Regulation of mining.
410aaa–49.
Study as to validity of mining claims.
410aaa–50.
Grazing.
410aaa–51.
Utility rights-of-way.
410aaa–52.
Preparation of management plan.
410aaa–53.
Granite Mountains Natural Reserve.
410aaa–54.
Soda Springs Desert Study Center.
410aaa–55.
Construction of visitor center.
410aaa–56.
Acquisition of lands.
410aaa–57.
Acquired lands to be made part of Mojave National Preserve.
410aaa–58.
Mojave National Preserve Advisory Commission.
410aaa–59.
No adverse effect on land until acquired.

        

Part D—Miscellaneous Provisions

410aaa–71.
Transfer of lands to Red Rock Canyon State Park.
410aaa–72.
Land tenure adjustments.
410aaa–73.
Land disposal.
410aaa–74.
Management of newly acquired lands.
410aaa–75.
Native American uses and interests.
410aaa–76.
Federal reserved water rights.
410aaa–77.
California State School lands.
410aaa–78.
Access to private property.
410aaa–79.
Federal facilities fee equity.
410aaa–80.
Land appraisal.
410aaa–81.
Definition.
410aaa–82.
Military overflights.
410aaa–83.
Authorization of appropriations.

        

SUBCHAPTER LIX–Z—NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK

410bbb.
Findings and purpose.
410bbb–1.
Establishment.
410bbb–2.
Administration.
410bbb–3.
Acquisition of property.
410bbb–4.
General management plan.
410bbb–5.
New Orleans Jazz Commission.
410bbb–6.
Authorization of appropriations.

        

SUBCHAPTER LIX–AA—CANE RIVER CREOLE NATIONAL HISTORICAL PARK AND NATIONAL HERITAGE AREA

Part A—Cane River Creole National Historical Park

410ccc.
Findings and purposes.
410ccc–1.
Establishment.
410ccc–2.
Administration.
410ccc–3.
Acquisition of property.
410ccc–4.
General management plan.

        

Part B—Cane River National Heritage Area

410ccc–21.
Establishment.
410ccc–22.
Cane River National Heritage Area Commission.
410ccc–23.
Preparation of plan.
410ccc–24.
Termination of Heritage Area Commission.
410ccc–25.
Duties of other Federal agencies.
410ccc–26.
Authorization of appropriations.

        

SUBCHAPTER LIX–BB—NEW BEDFORD WHALING NATIONAL HISTORICAL PARK

410ddd.
New Bedford Whaling National Historical Park.

        

SUBCHAPTER LIX–CC—ADAMS NATIONAL HISTORICAL PARK

410eee.
Findings and purposes.
410eee–1.
Definitions.
410eee–2.
Adams National Historical Park.
410eee–3.
Administration.
410eee–4.
Authorization of appropriations.

        

SUBCHAPTER LIX–DD—BLACK CANYON OF THE GUNNISON NATIONAL PARK AND GUNNISON GORGE NATIONAL CONSERVATION AREA

410fff.
Findings.
410fff–1.
Definitions.
410fff–2.
Establishment of Black Canyon of the Gunnison National Park.
410fff–3.
Acquisition of property and minor boundary adjustments.
410fff–4.
Expansion of the Black Canyon of the Gunnison Wilderness.
410fff–5.
Establishment of the Gunnison Gorge National Conservation Area.
410fff–6.
Designation of Wilderness within the Conservation Area.
410fff–7.
Withdrawal.
410fff–8.
Water rights.
410fff–9.
Study of lands within and adjacent to Curecanti National Recreation Area.
410fff–10.
Authorization of appropriations.

        

SUBCHAPTER LIX–EE—ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK

410ggg.
Rosie the Riveter/World War II Home Front National Historical Park.
410ggg–1.
Administration of the National Historical Park.
410ggg–2.
World War II home front study.
410ggg–3.
Authorization of appropriations.

        

SUBCHAPTER LIX–FF—GREAT SAND DUNES NATIONAL PARK AND PRESERVE

410hhh.
Findings.
410hhh–1.
Definitions.
410hhh–2.
Great Sand Dunes National Park, Colorado.
410hhh–3.
Great Sand Dunes National Preserve, Colorado.
410hhh–4.
Baca National Wildlife Refuge, Colorado.
410hhh–5.
Administration of national park and preserve.
410hhh–6.
Acquisition of property and boundary adjustments.
410hhh–7.
Water rights.
410hhh–8.
Advisory Council.
410hhh–9.
Authorization of appropriations.

        

SUBCHAPTER LIX–GG—CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK

410iii.
Purpose.
410iii–1.
Findings.
410iii–2.
Definitions.
410iii–3.
Establishment of Cedar Creek and Belle Grove National Historical Park.
410iii–4.
Acquisition of property.
410iii–5.
Administration.
410iii–6.
Management of Park.
410iii–7.
Cedar Creek and Belle Grove National Historical Park Advisory Commission.
410iii–8.
Conservation of Cedar Creek and Belle Grove National Historical Park.
410iii–9.
Endowment.
410iii–10.
Cooperative agreements.
410iii–11.
Roles of key partner organizations.
410iii–12.
Authorization of appropriations.

        

SUBCHAPTER LIX–HH—CONGAREE NATIONAL PARK

410jjj.
Establishment.
410jjj–1.
Acquisition of lands.
410jjj–2.
Administration.
410jjj–3.
Report.
410jjj–4.
Authorization of appropriations; general management plan.

        

SUBCHAPTER LIX–II—LEWIS AND CLARK NATIONAL HISTORICAL PARK

410kkk.
Definitions.
410kkk–1.
Lewis and Clark National Historical Park.
410kkk–2.
Administration.
410kkk–3.
References.
410kkk–4.
Private property protection.
410kkk–5.
Authorization of appropriations.

        

SUBCHAPTER LIX–JJ—PATERSON GREAT FALLS NATIONAL HISTORICAL PARK

410lll.
Paterson Great Falls National Historical Park, New Jersey.

        

SUBCHAPTER LIX–KK—THOMAS EDISON NATIONAL HISTORICAL PARK

410mmm.
Thomas Edison National Historical Park, New Jersey.

        

SUBCHAPTER LIX–LL—PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK

410nnn.
Findings.
410nnn–1.
Palo Alto Battlefield National Historical Park.
410nnn–2.
Administration.
410nnn–3.
Land acquisition.
410nnn–4.
Cooperative agreements.
410nnn–5.
Management plan.
410nnn–6.
Authorization of appropriations.

        

SUBCHAPTER LIX–MM—PINNACLES NATIONAL PARK

410ooo.
Findings.
410ooo–1.
Establishment of Pinnacles National Park.

        

SUBCHAPTER LIX–NN—BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK

410ppp.
Blackstone River Valley National Historical Park.

        

SUBCHAPTER LIX–OO—COLTSVILLE NATIONAL HISTORICAL PARK

410qqq.
Coltsville National Historical Park.

        

SUBCHAPTER LIX–PP—FIRST STATE NATIONAL HISTORICAL PARK

410rrr.
First State National Historical Park.

        

SUBCHAPTER LIX–QQ—HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL HISTORICAL PARK

410sss.
Harriet Tubman Underground Railroad National Historical Park, Maryland.

        

SUBCHAPTER LIX–RR—HARRIET TUBMAN NATIONAL HISTORICAL PARK

410ttt.
Harriet Tubman National Historical Park, Auburn, New York.

        

SUBCHAPTER LIX–SS—MANHATTAN PROJECT NATIONAL HISTORICAL PARK

410uuu.
Manhattan Project National Historical Park.

        

SUBCHAPTER LIX–TT—OREGON CAVES NATIONAL MONUMENT AND PRESERVE

410vvv.
Oregon Caves National Monument and Preserve.

        

SUBCHAPTER LX—NATIONAL MILITARY PARKS

411 to 421.
Omitted, Repealed, or Transferred.
422.
Moores Creek National Battlefield; establishment.
422a.
Acceptance of lands.
422a–1.
Acquisition of property.
422a–2.
Authorization of appropriations.
422b.
Duties of Secretary of the Interior.
422c.
Ascertaining and marking of lines of battle.
422d.
Monuments, etc., protected.
423.
Petersburg National Battlefield; establishment.
423a.
Acceptance of donations of lands.
423a–1.
Addition of lands.
423a–2.
Adjustment of boundary.
423b.
Commission; organization.
423c.
Duties of commission.
423d.
Acceptance and disposition of gifts.
423e.
Ascertaining and marking lines of battle.
423f.
Protection of monuments, etc.
423g.
Rules and regulations.
423h.
Report of completion; superintendent of battlefield.
423h–1.
Redesignation of park.
423h–2.
Acquisition of lands; publication in Federal Register; administration.
423h–3.
Authorization of appropriation.
423i to 423l.
Omitted or Repealed.
423l–1.
Short title; definitions.
423l–2.
Findings and purpose.
423l–3.
Richmond National Battlefield Park; boundaries.
423l–4.
Land acquisition.
423l–5.
Park administration.
423l–6.
Authorization of appropriations.
423m.
Eutaw Springs Battlefield Site; establishment; purpose.
423n.
Acceptance of lands and funds; acquisition of lands.
423o.
Administration, protection, and development.
424.
Chickamauga and Chattanooga National Military Park.
424–1.
Acquisition of land.
424a.
Acceptance of donations of lands.
424a–1.
Acceptance of donations of lands and other property on Signal Mountain.
424a–2.
Conveyance of portion of park to Georgia.
424a–3.
Addition of surplus Government lands; publication of notice; effective date.
424a–4.
Repealed.
424b.
Application of laws to donated lands.
424c.
Moccasin Bend National Archeological District.
425.
Fredericksburg and Spotsylvania County Battle Fields Memorial; establishment.
425a.
Acquisition of lands.
425b.
Leasing lands for memorial.
425c.
Commission; organization.
425d.
Duties of commission.
425e.
Acceptance and distribution of gifts.
425f.
Ascertaining and marking lines of battle.
425g.
Protection of monuments, etc.
425h.
Rules and regulations.
425i.
Report of completion of acquisition of land and work of commission; superintendent of park.
425j.
Authorization of appropriation.
425k.
Revision of park boundaries.
425l.
Acquisitions and conveyances.
425m.
Retained rights.
425n.
Interpretation.
425o.
Authorization of appropriations.
426.
Stones River National Battlefield; establishment; appointment of commission.
426a.
Qualifications of members of commission.
426b.
Duties of commission.
426c.
Assistants to commission; expenses of commission.
426d.
Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary.
426e.
Lands acquired declared national battlefield; name.
426f.
Control of battlefield, regulations.
426g.
Occupation of lands by former owners.
426h.
Ascertaining and marking lines of battle.
426i.
Protection of monuments, etc.
426j.
Authorization of appropriation; fixing of boundaries as condition to purchase of lands.
426k.
Acquisition of additional lands.
426l.
Redesignation; availability of appropriations.
426m.
Administration, protection, and development.
426n.
Boundary revision of Stones River National Battlefield.
426o.
Agreement with Murfreesboro, Tennessee, respecting battlefield.
426o–1.
Planning.
426p.
Authorization of appropriations.
427.
Site of battle with Sioux Indians; purchase; erection of monument.
427a.
Omitted.
428.
Fort Donelson National Battlefield; establishment; appointment of commission.
428a.
Qualifications of members of commission.
428b.
Duties of commission.
428c.
Assistants to commission; expenses of commission.
428d.
Receipt of report of commission by Secretary of the Interior; acquisition of land for battlefield; other duties of Secretary.
428d–1.
Acquisition of additional lands.
428d–2.
Acceptance of donations by Secretary of the Interior.
428d–3.
Administration, protection, and development.
428e.
Lands acquired declared national battlefield; name.
428f.
Control of battlefield; regulations.
428g.
Occupation of lands by former owners.
428h.
Ascertaining and marking line of battle.
428i.
Protection of monuments, etc.
428j.
Omitted.
428k.
Addition of lands.
428l.
Acquisition of lands; agreement for transfer of jurisdiction.
428m.
Authorization of appropriation.
428n.
Change in name to Fort Donelson National Battlefield.
428o.
Administration, protection, and development.
428p.
Fort Donelson National Battlefield.
428p–1.
Land acquisition related to Fort Donelson National Battlefield.
428p–2.
Administration of Fort Donelson National Battlefield.
429.
Brices Cross Roads and Tupelo battlefields in Mississippi; establishment.
429a.
Jurisdiction and control; authorization of annual appropriation.
429a–1.
Tupelo National Battlefield; acquisition of additional lands.
429a–2.
Change in name to Tupelo National Battlefield; administration.
429b.
Manassas National Battlefield Park.
429b–1.
Acquisition and use of lands.
429b–2.
Retention of right of use and occupation of improved property by owner.
429b–3.
Definitions.
429b–4.
Funds from Land and Water Conservation Fund.
429b–5.
Funding limitations; contracting authority, etc.
430.
Kings Mountain National Military Park; establishment.
430a.
Acquisition of land.
430a–1.
Revision of boundaries.
430a–2.
Acquisition of lands within revised boundary.
430a–3.
Applicability of laws and regulations to acquired lands and interests therein.
430b.
Control; regulations for care and management.
430c.
Permits to occupy land.
430d.
Repair of roads; historical markers.
430e.
Monuments and tablets within park; approval.
430f.
Shiloh National Military Park.
430f–1.
Conveyance of lands.
430f–2.
Conveyance of right-of-way; construction and maintenance of roadways.
430f–3.
Conveyance of lands for recreational area; development and use.
430f–4.
Jurisdiction of lands.
430f–5.
Siege and Battle of Corinth.
430f–6.
Corinth Unit of the Shiloh National Military Park; findings and purposes.
430f–7.
Definitions.
430f–8.
Establishment of Unit.
430f–9.
Land acquisition.
430f–10.
Park management and administration.
430f–11.
Repealed.
430f–12.
Authorization of appropriations.
430g.
Gettysburg National Military Park.
430g–1.
Exchange of lands.
430g–2.
Exchange of lands.
430g–3.
Donation of non-Federal lands.
430g–4.
Gettysburg National Military Park boundary revision.
430g–5.
Acquisition and disposal of lands.
430g–6.
Agreements with respect to monuments and tablets located outside park boundary.
430g–7.
Conservation within Gettysburg Battlefield historic district.
430g–8.
Advisory Commission.
430g–9.
Interpretation.
430g–10.
Authorization of appropriations.
430h.
Vicksburg National Military Park.
430h–1.
Donations of land and property.
430h–2.
Exchange of certain lands authorized.
430h–3.
Consolidation of lands and installation of park tour road.
430h–4.
Jurisdiction over lands and roads.
430h–5.
Authorization of appropriations.
430h–6.
Addition of lands to Vicksburg National Military Park.
430h–7.
Exclusion of lands from park.
430h–8.
Park interpretation.
430h–9.
Authorization of appropriations.
430h–10.
Boundary modification.
430h–11.
Acquisition of property.
430h–12.
Administration.
430h–13.
Authorization of appropriations.
430h–14.
Vicksburg National Military Park.
430i.
Guilford Courthouse National Military Park.
430j.
Monocacy National Battlefield; establishment.
430k.
Condemnation proceedings; purchase without condemnation; acceptance of donations of land.
430l.
Leases with preceding owners of acquired lands; conditions.
430m.
Administration.
430n.
Repealed.
430o.
Gifts and donations; acceptance by Secretary.
430p.
Right of States to enter and mark battle lines.
430q.
Offenses.
430r.
Rules and regulations.
430s.
Authorization of appropriations.
430t.
Kennesaw Mountain National Battlefield Park; establishment.
430u.
Donations of land; purchase and condemnation.
430v.
Monuments and memorials; regulations; historical markers.
430w.
Administration, protection, and development.
430x.
Authorization of appropriations; authorization to expand boundaries.
430y.
Spanish War Memorial Park; establishment.
430z.
Monument within park; construction authorized.
430z–1.
Landscaping park; employment of architects and engineers.
430z–2.
Memorials within park; erection authorized.
430z–3.
Administration, protection, and development.
430aa.
Pea Ridge National Military Park; establishment.
430bb.
Determination of desirable areas.
430cc.
Administration, protection, and development; improvements.
430dd.
Dedication.
430ee.
Authorization of appropriations.
430ff.
Horseshoe Bend National Military Park; establishment.
430gg.
Determination of desirable areas.
430hh.
Administration, protection, and development; improvements.
430ii.
Dedication.
430jj.
Authorization of appropriations.
430kk.
Wilson's Creek National Battlefield: establishment and acquisition of lands.
430ll.
Designation.
430mm.
Authorization of appropriations.
430nn.
Antietam Battlefield site; acquisition of lands, buildings, structures, and other property.
430oo.
Acquisition of lands for preservation, protection and improvement; limitation.
430pp.
Fort Necessity National Battlefield; acquisition of land.
430qq.
Exchange of lands.
430rr.
Change in name to Fort Necessity National Battlefield.
430ss.
Administration, protection, and development.
430tt.
Authorization of appropriation.
430uu.
Big Hole National Battlefield; redesignation of monument.
430uu–1.
Revision of boundaries.
430uu–2.
Acquisition of land; exclusion from Beaverhead National Forest; administration.
430uu–3.
Jurisdiction.
430uu–4.
Authorization of appropriation.
430vv.
River Raisin National Battlefield Park.

        

SUBCHAPTER LXI—NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS

431 to 433.
Repealed.
433a.
Perry's Victory and International Peace Memorial; establishment.
433b.
Administration, protection, and development.
433c.
Acceptance of donations of lands and funds; acquisition of land.
433d, 433e.
Repealed.
433f.
Inconsistent laws repealed.
433f–1.
Change in name of Perry's Victory and International Peace Memorial National Monument.
433g.
Fort Frederica National Monument; establishment.
433h.
Donation of property; acquisition of lands.
433h–1.
Acquisition of additional lands.
433i.
Museum; historical markers.
433j.
Administration, protection, and development.
433k.
Whitman Mission National Historic Site; acquisition of land; establishment, supervision and maintenance.
433k–1.
Acquisition of additional land.
433l.
Erection of monuments and tablets.
433m.
Authorization of appropriation.
433n.
Change in name of Whitman National Monument.
434.
National monument in Riverside County, California.
435.
Acquiring reservation land.
436.
Omitted.
437.
Fort McHenry; restoration and preservation.
438.
Repairs and improvements; how made.
439.
Land for use of Secretary of the Treasury.
440.
Closure in times of national emergency.
440a.
Change in name of Fort McHenry Park.
441.
Badlands National Park; establishment.
441a.
Boundaries.
441b.
Construction of highway by State of South Dakota.
441c.
Administration, protection, and promotion; franchises for hotel and lodge accommodations.
441d.
Examinations, excavations, and gathering of objects of interest within park.
441e.
Effective date of sections 441 to 441d.
441e–1.
Change in name of Badlands National Monument.
441f.
Adjustment and redefinition of boundaries.
441g.
Orders to effectuate revision of boundaries; publication.
441h.
Jurisdiction of mining and mineral rights; patents.
441i.
Exchanges of land.
441j.
Revision of boundaries.
441k.
Acquisition of property for park.
441l.
Exchange of lands; transfer from Federal agency to administrative jurisdiction of Secretary; terms and conditions of purchase.
441m.
Disposition of excess gunnery range lands and reservation lands; purchase; terms and conditions; life estates and use restrictions.
441n.
Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title.
441o.
Facilities for interpretation of park and history of Sioux Nation; conveyance of reservation lands; submission of terms to Congressional committees.
442.
George Washington Birthplace National Monument.
443 to 443f.
Transferred.
444.
Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands.
444a.
Ascertainment of value of lands offered for exchange; evidence of title.
445.
Canyon De Chelly National Monument; establishment; boundaries.
445a.
Rights and privileges of Navajo Indians in canyons.
445b.
Administration by National Park Service; powers and duties.
445c.
Pipestone National Monument.
445d.
Acquisition of additional lands, Pipestone School Reserve and non-Federal land; redefining of boundaries; quarry rights of Indians.
446.
Sites for tablets at Antietam; care and supervision.
447.
Repealed.
447a.
Ocmulgee National Monument; establishment; acquisition of property.
447b.
Donation of property; condemnation proceedings.
447c.
Administration, protection, and development.
448.
Pioneer National Monument; establishment.
449.
Acceptance of donations of land and funds; acquisition of land.
450.
Administration, protection, and development.
450a.
Chalmette, Louisiana, Monument.
450b to 450e.
Repealed.
450e–1.
Appomattox Court House National Historical Park.
450f to 450k.
Repealed.
450l.
Fort Stanwix National Monument; establishment.
450m.
Acceptance of donations of lands and funds; acquisition of land.
450n.
Administration, protection, and development.
450o.
Andrew Johnson National Historic Site; authorization.
450p.
Acquisition of property; donations.
450q.
Administration, protection, and development.
450r.
Ackia Battleground National Monument; establishment.
450s.
Omitted.
450t.
Administration, protection, and development.
450u.
Homestead National Monument of America; establishment.
450v.
Omitted.
450w.
Administration; establishment of museum.
450x.
Authorization of annual appropriations.
450y.
Coronado National Memorial; establishment.
450y–1.
Administration.
450y–2.
Grazing within memorial area.
450y–3.
Construction of fences.
450y–4.
Acquisition of property; donations.
450y–5.
Revision of boundaries.
450y–6.
Acquisition of lands; administration.
450y–7.
Authorization of appropriations.
450z.
Repealed.
450aa.
George Washington Carver National Monument; acquisition of land.
450aa–1.
Establishment and supervision.
450aa–2.
Maintenance of museum; construction of roads and use of markers.
450bb.
Harpers Ferry National Historical Park.
450bb–1.
Administration.
450bb–2.
Maintenance of museum; acceptance of museum articles; construction of roads, etc.
450bb–3.
Acquisition of additional lands.
450bb–4.
Acceptance and purchase of lands and improvements; payment; exchange of lands.
450bb–5.
Authorization of appropriations.
450bb–6.
Change in name of Harpers Ferry National Monument.
450cc.
Castle Clinton National Monument; establishment.
450cc–1.
Administration, protection, and development.
450dd.
De Soto National Memorial; establishment.
450dd–1.
Administration.
450ee.
Fort Sumter National Monument; establishment.
450ee–1.
Administration.
450ff.
Fort Vancouver National Historic Site; establishment.
450ff–1.
Size of site; effective date; additional lands.
450ff–2.
Administration, protection, and development.
450ff–3.
Revision of boundaries.
450ff–4.
Acquisition of lands.
450ff–5.
Administrative jurisdiction of Federal lands.
450ff–6.
Change in name of Fort Vancouver National Monument.
450gg to 450gg–3. Repealed.
450hh.
Saint Croix Island International Historic Site; establishment; acceptance of land; size.
450hh–1.
Designation; acquisition of additional lands; lands excluded.
450hh–2.
Administration.
450ii.
Joshua Tree National Monument; revision of boundaries.
450ii–1.
Excluded lands opened to entry under mining laws.
450ii–2.
Continuation of leases, permits, and licenses.
450ii–3.
Survey and report of mineral value.
450jj.
Jefferson National Expansion Memorial; authorization.
450jj–1.
Construction of memorial.
450jj–2.
Railroad agreement as condition precedent to undertaking memorial project.
450jj–3.
Designation of additional land by Secretary; manner of acquiring additional land.
450jj–4.
Transfer of land.
450jj–5.
Administration of Memorial; cooperation with State and local governments and private sector.
450jj–6.
Jefferson National Expansion Memorial Commission.
450jj–7.
Development and management plan for East Saint Louis, Illinois, portion of Memorial.
450jj–8.
Repealed.
450jj–9.
Activities in Memorial area pending submission of plan.
450kk.
Fort Union National Monument; acquisition of site and other lands; reversions and reservations.
450kk–1.
Establishment; publication in Federal Register; additional properties.
450ll.
Booker T. Washington National Monument; acquisition of site.
450ll–1.
Establishment and supervision.
450ll–2.
Maintenance of museum; provision for parks, construction of roads and use of markers.
450ll–3.
Additional lands.
450mm to 450mm–3. Repealed.
450nn.
General Grant National Memorial; establishment.
450oo.
Grand Portage National Monument; establishment; effective date.
450oo–1.
Acceptance of donations of land; instruments of relinquishment; life assignments.
450oo–2.
Procurement of other lands within monument.
450oo–3.
Visitor accommodations and services.
450oo–4.
Employment preferences.
450oo–5.
Production and sale of handicraft objects; noninterference with trade or business outside monument.
450oo–6.
Traversing privileges; regulations.
450oo–7.
Docking facilities.
450oo–8.
Advisory assistance for developments upon adjacent lands.
450oo–9.
Administration, protection, and development.
450oo–10.
Reversion upon abandonment.
450pp.
Roger Williams National Memorial; acquisition of site.
450pp–1.
Establishment; notice of establishment; administration.
450pp–2.
Cooperation with city of Providence and local historical and preservation societies.
450pp–3.
Authorization of appropriations.
450qq to 450qq–4. Omitted.
450rr.
R.M.S. Titanic; international maritime memorial; findings and purposes.
450rr–1.
Definitions.
450rr–2.
Commendation.
450rr–3.
International guidelines.
450rr–4.
International agreement.
450rr–5.
Sense of Congress regarding conduct of future activities.
450rr–6.
Disclaimer of extraterritorial sovereignty.
450ss.
Findings and purposes.
450ss–1.
Definitions.
450ss–2.
Oklahoma City National Memorial.
450ss–3.
Transfer of Memorial property, rights, authorities, and duties.
450ss–4.
Repealed.
450ss–5.
Limitations on funding.
450ss–6, 450ss–7. Repealed.

        

SUBCHAPTER LXII—MISCELLANEOUS

451 to 452a.
Repealed.
453.
Donations of land for park purposes near or adjacent to National Forest Reserve in North Carolina.
454 to 458a.
Repealed.

        

SUBCHAPTER LXIII—NATIONAL SEASHORE RECREATIONAL AREAS

459.
Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands.
459a.
Acceptance of donations; acquisition of property by purchase and condemnation.
459a–1.
Administration, protection, and development; commercial fishing by residents; hunting.
459a–2.
Preservation of natural features; acquisition of additional property; reversion of property on failure of conditions.
459a–3.
Migratory bird refuges not to be affected.
459a–4.
Omitted.
459a–5.
Addition of lands; Naval Amphibious Training Station.
459a–5a.
Addition of lands; Hatteras.
459a–6.
Acquisition of non-Federal land within boundaries of recreational area.
459a–7.
Availability of appropriations.
459a–8.
Limitation on expenditure.
459a–9.
Conveyance of land for improvement with public health facility; reversion; consideration; status of property upon transfer of title.
459a–10.
Transfer of Ocracoke Light Station to Secretary of the Interior.
459b.
Cape Cod National Seashore; description of area.
459b–1.
Acquisition of property.
459b–2.
Establishment.
459b–3.
Acquisition by condemnation.
459b–4.
Zoning regulations.
459b–5.
Certificate of suspension of authority for acquisition by condemnation.
459b–6.
Administration of acquired property.
459b–7.
Cape Cod National Seashore Advisory Commission.
459b–8.
Authorization of appropriations.
459c.
Point Reyes National Seashore; purposes; authorization for establishment.
459c–1.
Description of area.
459c–2.
Acquisition of property.
459c–3.
Repealed.
459c–4.
Point Reyes National Seashore.
459c–5.
Owner's reservation of right of use and occupancy for fixed term of years or life.
459c–6.
Administration of property.
459c–6a.
The Clem Miller Environmental Education Center; designation.
459c–6b.
Cooperation with utilities district; land use and occupancy; terms and conditions.
459c–7.
Authorization of appropriations; restriction on use of land.
459d.
Padre Island National Seashore; description of land and waters.
459d–1.
Acquisition of property.
459d–2.
Establishment.
459d–3.
Reservation of oil, gas, and other minerals.
459d–4.
Administration; utilization of authority for conservation and management of natural resources.
459d–5.
Roadways to access highways from mainland.
459d–6.
Aerial gunnery and bombing range agreements of Secretary of the Interior and Secretary of the Navy.
459d–7.
Authorization of appropriations.
459e.
Fire Island National Seashore.
459e–1.
Acquisition of property.
459e–2.
Zoning regulations.
459e–3.
Retention by owner of right of use and occupancy of improved property for residential purposes.
459e–4.
Hunting and fishing regulations.
459e–5.
Acceptance of donations.
459e–6.
Administration, protection, and development.
459e–7.
Shore erosion control or beach protection measures; Fire Island inlet.
459e–8.
Omitted.
459e–9.
Authorization of appropriations.
459e–10.
Authority to accept donation of William Floyd Estate.
459e–11.
Authority to accept donation of main dwelling on William Floyd Estate; lease-back of donated property.
459e–12.
Administration of property of William Floyd Estate; detached unit.
459f.
Assateague Island National Seashore; purposes; description of area.
459f–1.
Acquisition of property.
459f–2.
Compensation for bridge construction costs; acquisition of land for park purposes.
459f–3.
Establishment of Seashore; notice in Federal Register.
459f–4.
Hunting and fishing provisions.
459f–5.
Administration of Seashore.
459f–6.
Repealed.
459f–7.
Beach erosion control and hurricane protection.
459f–8.
Repealed.
459f–9.
Public utility facilities; purchase of facilities without value to utility; amount of payment.
459f–10.
Authorization of appropriations.
459f–11.
Comprehensive plan for protection, management, and use of seashore.
459g.
Cape Lookout National Seashore; purposes; authorization for establishment; description of area.
459g–1.
Acquisition of property.
459g–2.
Establishment; notice in Federal Register; copies to Congress.
459g–3.
Hunting and fishing provisions.
459g–4.
Administration; public outdoor recreation and enjoyment; utilization of authorities for conservation and development of natural resources.
459g–5.
Shore erosion control or beach protection measures.
459g–6.
Preservation and designation as wilderness; review of area by Secretary; report to President.
459g–7.
Authorization of appropriations; master plan to Congressional committees; time; contents.
459h.
Gulf Islands National Seashore.
459h–1.
Acquisition of property.
459h–2.
Designation of hunting and fishing zones; regulation of maritime activities.
459h–3.
Rights-of-way or easements for transportation of oil and gas minerals.
459h–4.
Administration of seashore; conservation and management of wildlife and natural resources; authority to designate areas as national historic sites; agreements.
459h–5.
Beach erosion control and hurricane protection; study and formulation of plans; activities by Chief of Engineers, Department of Army.
459h–6.
Transfer of Horn Island and Petit Bois National Wildlife Refuges from National Wildlife Refuge System; administration.
459h–7.
Preservation of any area as wilderness; study and report to President; procedure for designation of any area as a wilderness.
459h–8.
Authority of Department of Army or Chief of Engineers over navigation or related matters.
459h–9.
Gulf Islands National Seashore Advisory Commission; establishment; termination; membership; term; Chairman; compensation and payment of expenses; consultation by Secretary.
459h–10.
Authorization of appropriations.
459i.
Cumberland Island National Seashore; establishment; boundary revisions: notification of Congressional committees, publication in Federal Register.
459i–1.
Acquisition of lands; authority of Secretary; mainland lands for access to seashore administrative and visitor facilities; State lands; transfer from Federal agency to administrative jurisdiction of Secretary.
459i–2.
Cumberland Island Parkway; right-of-way; administration; regulations.
459i–3.
Acquisition of property.
459i–4.
Hunting and fishing.
459i–5.
Administration, protection, and development.
459i–6.
State and local jurisdiction.
459i–7.
Water resource developments.
459i–8.
Report to President.
459i–9.
Authorization of appropriations.
459j.
Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area.
459j–1.
Acquisition of property; donation and development of State lands; transfer from Federal agency to administrative jurisdiction of Secretary; written cooperative agreement with National Aeronautics and Space Administration; construction and development; report to Congressional committees.
459j–2.
Improved property.
459j–3.
Designation of hunting, fishing and trapping zones; regulations; consultation with appropriate State agencies.
459j–4.
Administration, protection, and development.
459j–5.
Canaveral National Seashore Advisory Commission.
459j–6.
Transfer of lands for use as administrative and visitor facilities to Secretary of the Interior; use of portion of John F. Kennedy Space Center; transfer of excess land within seashore to Secretary of the Interior.
459j–7.
Report to President.
459j–8.
Authorization of appropriations; reports to Congressional committees.

        

SUBCHAPTER LXIV—RECREATIONAL DEMONSTRATION PROJECTS

459r.
Disposition of recreational demonstration projects.
459s.
Lands for certain projects added to certain projects.
459t.
Secretary of the Interior authorized to execute deeds and leases for project lands; inclusion of conditional covenants.
459u.
Exchange of recreational demonstration project lands by grantee.

        

SUBCHAPTER LXV—NATIONAL PARKWAYS

460.
Natchez Trace Parkway.
460–1.
Inclusion of Ackia Battleground National Monument and Meriwether Lewis National Monument.
460a.
Licenses or permits for right-of-way over parkway lands.
460a–1.
Acceptance of lands conveyed for Blue Ridge or Natchez Trace Parkways.
460a–2.
Blue Ridge Parkway; establishment; administration and maintenance.
460a–3.
Licenses or permits to owners of adjacent lands.
460a–4.
Transfer of jurisdiction to Secretary of Agriculture; national forest lands.
460a–5.
Acquisition of land contiguous to Blue Ridge or Natchez Trace Parkways.
460a–6.
Blue Ridge Parkway extension; acceptance of lands; public use, administration, and maintenance areas; survey location of parkway extension crossing national forest land; transfer from Federal agency to administrative jurisdiction of Secretary of the Interior; national forest uses following transfer within national forest.
460a–7.
Coordination of recreational development on parkway and national forest lands; administration of forest land recreational facilities and access road development by Secretary of Agriculture; forest road and Appalachian Trail relocation and reconstruction and alternative forest road provision by Secretary of the Interior.
460a–8.
Licenses or permits for rights-of-way over parkway lands.
460a–9.
Part of Blue Ridge Parkway; administration and maintenance of parkway extension.
460a–10.
Transfer of national forest lands to Secretary of Agriculture.
460a–11.
Authorization of appropriations.
460b, 460c.
Repealed.

        

SUBCHAPTER LXVI—PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER RESOURCE DEVELOPMENT PROJECTS

460d.
Construction and operation of public parks and recreational facilities in water resource development projects; lease of lands; preference for use; penalty; application of section 3401 of title 18; citations and arrests with and without process; limitations; disposition of receipts.
460d–1.
Rentals or other considerations in leases for construction, maintenance, and operation of commercial recreational facilities; adjustment by Chief of Engineers.
460d–2.
Adjustment by Secretary of Agriculture.
460d–3.
Recreational user fees.
460d–3a.
Contracts to provide visitor reservation services.

        

SUBCHAPTER LXVII—COTTAGE SITE DEVELOPMENTS AND USES IN RESERVOIR AREAS

460e.
Authorization for sale of public lands; rights of lessee.
460f.
Notice and method of sale; price; conveyance.
460g.
Transfer to State, etc., for roadway purposes.
460h.
Costs of surveys or relocation of boundaries.
460i.
Delegation of powers; regulations.
460j.
Disposition of proceeds.

        

SUBCHAPTER LXVIII—NATIONAL CONSERVATION RECREATIONAL AREAS

460k.
Public recreation use of fish and wildlife conservation areas; compatibility with conservation purposes; appropriate incidental or secondary use; consistency with other Federal operations and primary objectives of particular areas; curtailment; forms of recreation not directly related to primary purposes of individual areas; repeal or amendment of provisions for particular areas.
460k–1.
Acquisition of lands for recreational development; funds.
460k–2.
Cooperation with agencies, organizations and individuals; acceptance of donations; restrictive covenants.
460k–3.
Charges and fees; permits; regulations; penalties; enforcement.
460k–4.
Authorization of appropriations.

        

SUBCHAPTER LXIX—OUTDOOR RECREATION PROGRAMS

Part A—Coordination of Programs

460l to 460l–3.
Repealed.

        

Part B—Land and Water Conservation Fund

460l–4 to 460l–6b. Transferred or Repealed.
460l–6c.
Admission, entrance, and recreation fees.
460l–6d.
Commercial filming.
460l–7 to 460l–11. Repealed.

        

Part C—Water Resources Projects

460l–12.
Recreation and fish and wildlife benefits of Federal multiple-purpose water resources projects; Congressional declaration of policy.
460l–13.
Non-Federal administration of project land and water areas.
460l–14.
Facilities or project modifications to be provided without written indication of intent.
460l–15.
Lease of facilities and lands to non-Federal public bodies.
460l–16.
Postauthorization development of projects without allocation or reallocation of costs.
460l–17.
Miscellaneous provisions.
460l–18.
Authority of Secretary of the Interior.
460l–19.
Feasibility reports.
460l–20.
Construction of projects under certain laws with allocations to recreation and fish and wildlife enhancement exceeding allocations to other functions unauthorized; exception.
460l–21.
Definitions.

        

Part D—Land Transfers

460l–22.
Repealed.

        

Part E—Reclamation Recreation Management

460l–31.
Findings.
460l–32.
Definitions.
460l–33.
Management of reclamation lands.
460l–34.
Protection of authorized purposes of reclamation projects.

        

SUBCHAPTER LXX—OZARK NATIONAL SCENIC RIVERWAYS

460m.
Establishment.
460m–1.
Acquisition of lands, easements, etc.; exchange of lands; consent of State; reversion to State; administrative jurisdiction of Federal lands or waters.
460m–2.
Reservation of use and occupancy of improved property for noncommercial residential purposes; term; valuation.
460m–3.
Establishment; notice in Federal Register; alteration of boundaries; acreage limitation.
460m–4.
Cooperative land development programs; hunting and fishing.
460m–5.
Administration.
460m–6.
Free-roaming horses.
460m–7.
Authorization of appropriations.

        

SUBCHAPTER LXXI—BUFFALO NATIONAL RIVER

460m–8.
Establishment.
460m–9.
Acquisition of lands and waters.
460m–10.
Hunting and fishing; rules and regulations.
460m–11.
Water resource projects.
460m–12.
Administration, protection, and development.
460m–13.
Suitability for preservation as a wilderness; area review and report to President.
460m–14.
Authorization of appropriations.

        

SUBCHAPTER LXXI–A—NEW RIVER GORGE NATIONAL RIVER

460m–15.
Establishment; administration, protection, and development; utilization of other authorities; boundary description, availability for public inspection.
460m–16.
Acquisition of property.
460m–17.
Lands and areas plan; submission to Congressional committees.
460m–18.
Zoning laws and ordinances; establishment; assistance; restrictions; variances.
460m–19.
Mineral lands.
460m–20.
Hunting and fishing zones; designation; rules and regulations, consultation.
460m–21.
Project work prohibition; advisement to Secretary; report to Congress.
460m–22.
General management plan; submission to Congressional committees.
460m–23.
Cooperation.
460m–24.
Class I or class II redesignation for clean air purposes.
460m–25.
Authorization of appropriations.
460m–26.
Cooperative agreements with State.
460m–27.
Improvement of access at Cunard.
460m–28.
Flow management.
460m–29.
Glade Creek visitor facility.
460m–29a.
New River Gorge and Gauley River Visitor Center.
460m–30.
Applicable provisions of other law.

        

SUBCHAPTER LXXII—LAKE MEAD NATIONAL RECREATION AREA

460n.
Administration.
460n–1.
Boundaries of area; filing of map with Federal Register; revision; donations of land; property acquisition and exclusion.
460n–2.
Hualapai Indian lands; inclusion within area; mineral rights; leases and permits; hunting and fishing rights.
460n–3.
Purposes and uses of area.
460n–4.
Hunting, fishing and trapping.
460n–5.
Regulation of area; violations and penalties.
460n–6.
Political jurisdiction; taxing power; Hualapai Indians.
460n–7.
Revenues and fees; disposition.
460n–8.
United States magistrate judge: appointment; functions; probation; fees.
460n–9.
Authorization of appropriations.

        

SUBCHAPTER LXXIII—DELAWARE WATER GAP NATIONAL RECREATION AREA

460o.
Establishment.
460o–1.
Acquisition of lands.
460o–2.
Designation of area; boundaries.
460o–3.
Administration authorities for conservation, management, or disposal of natural resources; coordination of administrative responsibilities of the Secretary of the Interior and the Secretary of the Army.
460o–4.
Land and water use management plan; adoption, implementation, and revision; provisions.
460o–5.
Hunting and fishing.
460o–6.
Civil and criminal jurisdiction and taxing power of State.
460o–7.
Authorization of appropriations.

        

SUBCHAPTER LXXIV—SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA

460p.
Establishment.
460p–1.
Designation of area; acreage limitation; boundaries; publication in Federal Register.
460p–2.
Acquisition of lands, etc.
460p–3.
Outdoor recreation facilities development; cooperation with Federal and State agencies.
460p–4.
Administration, protection, and development.
460p–5.
Hunting and fishing.

        

SUBCHAPTER LXXV—WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA

460q.
Establishment; boundaries; administration; integrated management policies.
460q–1.
Acquisition of property.
460q–2.
Establishment of units; publication in Federal Register; boundary descriptions.
460q–3.
Administration; land and water use management plans, preparation and revision; utilization of statutory authorities.
460q–4.
Hunting and fishing.
460q–5.
Mineral development; payment of receipts into certain funds or accounts in Treasury; disposition of receipts.
460q–6.
State jurisdiction.
460q–7.
Shasta and Trinity National Forests; additions of lands.
460q–8.
Revenues and fees; disposition.
460q–9.
Authorization of appropriations.

        

SUBCHAPTER LXXVI—MOUNT ROGERS NATIONAL RECREATION AREA

460r.
Establishment.
460r–1.
Designation of area; boundaries; publication in Federal Register.
460r–2.
Acquisition of lands.
460r–3.
Outdoor recreation facilities development.
460r–4.
Administration, protection, and development of area.
460r–5.
Hunting and fishing.

        

SUBCHAPTER LXXVII—PICTURED ROCKS NATIONAL LAKESHORE

460s.
Establishment.
460s–1.
Description of area.
460s–2.
Establishment; notice in Federal Register.
460s–3.
Pictured Rocks National Lakeshore Advisory Commission.
460s–4.
Hunting and fishing.
460s–5.
Administration, protection, and development.
460s–6.
Taxing power.
460s–7.
Acquisition of property.
460s–8.
Inland buffer zone.
460s–9.
Property subject to condemnation.
460s–10.
Acquisition of property.
460s–11.
Zoning bylaws; assistance and consultation with township or county officers or employees; technical aid payments.
460s–12.
Certificate of prohibition of authority for acquisition by condemnation.
460s–13.
Authorization of appropriations.
460s–14.
Pictured Rocks National Lakeshore boundary adjustment.
460s–15.
Pictured Rocks National Lakeshore boundary revision.

        

SUBCHAPTER LXXVIII—BIGHORN CANYON NATIONAL RECREATION AREA

460t.
Establishment.
460t–1.
Acquisition of land.
460t–2.
Administration.
460t–3.
Hunting and fishing.
460t–4.
Authorization of appropriations.

        

SUBCHAPTER LXXIX—INDIANA DUNES NATIONAL LAKESHORE

460u.
Establishment; description of area.
460u–1.
Acquisition of property.
460u–2.
Direction for establishment; publication in Federal Register; continuing acquisition of lands.
460u–3.
"Improved property" and "appropriate map" defined; terms and conditions for rights of use and occupancy.
460u–4.
Repealed.
460u–5.
Owner's retention of right of use and occupancy for residential purposes.
460u–6.
Administration.
460u–7.
Indiana Dunes National Lakeshore Advisory Commission.
460u–8.
State jurisdiction.
460u–9.
Authorization of appropriations; general management plan; submittal to Congressional committees; feasibility study.
460u–10.
Rights-of-way and easements; existing property rights of Northern Indiana Public Service Company.
460u–11.
Legal cooling, process, or surface drainage into Little Calumet River; Federal, State or local air and water pollution standards not affected.
460u–12.
Repealed.
460u–13.
Acquisition of area I–C; owner consent required.
460u–14.
Plan, lands acquired, land acquisition program; submittal to Congressional committees.
460u–15.
Rights-of-way; public access to Little Calumet River.
460u–16.
Road construction cooperative agreements with landowners north of Little Calumet River; prevention of soil erosion; minimization of aural and visual impact.
460u–17.
Lands within area I–E used for solid waste disposal.
460u–18.
Study of areas III–A, III–C, and II–A; report to Congressional committees.
460u–19.
Acquisition of land outside present boundaries; notice to Congressional committees; publication in Federal Register.
460u–20.
Paul H. Douglas Ecological and Recreational Unit and Center for Environmental Education.
460u–21.
Public access study.
460u–22.
Consideration of property owner's hardship in property acquisition.
460u–23.
Acquisition of interest in area VII–A.
460u–24.
Little Calumet River and Burns/Portage Waterway.
460u–25.
Cooperative agreement with Gary, Indiana.
460u–26.
Units VII–D and I–M.

        

SUBCHAPTER LXXX—FLAMING GORGE NATIONAL RECREATION AREA

460v.
Establishment.
460v–1.
Administration, protection, and development by Secretary of Agriculture; administration of land or waters for Colorado River storage project by Secretary of the Interior.
460v–2.
Boundaries; adjustments; publication in Federal Register.
460v–3.
Hunting, fishing, and trapping.
460v–4.
Lands withdrawn from location, entry, and patent under United States mining laws; removal of minerals; receipts, disposition.
460v–5.
Ashley National Forest; addition of lands of Flaming Gorge National Recreation Area.
460v–6.
Addition of lands to Forest; administration of land for Colorado River storage project by Secretary of the Interior.
460v–7.
Availability of land and water conservation fund moneys.
460v–8.
State and local jurisdiction.

        

SUBCHAPTER LXXXI—APOSTLE ISLANDS NATIONAL LAKESHORE

460w.
Establishment; boundaries.
460w–1.
Boundaries not to include lands held in trust by United States for Red Cliff Band or Bad River Band of Lake Superior Chippewa Indians; exceptions.
460w–2.
Acquisition of property; authority of Secretary; State and Federal lands.
460w–3.
Retention rights of owners of improved property.
460w–4.
Hunting, fishing, and trapping.
460w–5.
Administration, protection, and development of lakeshore by Secretary.
460w–6.
Land and water use management plan; adoption, implementation, and revision of plan by Secretary; required provisions of plan.
460w–7.
Authorization of appropriations.

        

SUBCHAPTER LXXXII—SLEEPING BEAR DUNES NATIONAL LAKESHORE

460x.
Establishment.
460x–1.
Description of area.
460x–2.
Designation of lakeshore areas.
460x–3.
Sleeping Bear Dunes National Lakeshore Advisory Commission.
460x–4.
Hunting and fishing; issuance of regulations.
460x–5.
Administration, protection, and development.
460x–6.
Taxing power.
460x–7.
Acquisition of property.
460x–8.
Zoning bylaws.
460x–9.
Right of retention of residential use in improved lands.
460x–10.
Improved property.
460x–11.
Scenic roads.
460x–12.
Condemnation of commercial property.
460x–13.
Certificate of Secretary to interested person indicating prohibition from acquiring particular property by condemnation; contents.
460x–14.
Authorization of appropriations; adjustments.
460x–15.
Lakeshore wilderness report; administration.

        

SUBCHAPTER LXXXIII—KING RANGE NATIONAL CONSERVATION AREA

460y.
Establishment; boundaries.
460y–1.
Management of lands.
460y–2.
Program of multiple usage and sustained yield of renewable natural resources; public and private assistance in preparation; provisions.
460y–3.
Procedure for establishment.
460y–4.
Authority of Secretary.
460y–5.
Applicability of mining laws; prospecting commenced or conducted and mining claims located subsequent to October 21, 1970, as subject to regulations; patents issued on mining claims located subsequent to October 21, 1970, as subject to regulations; provisions of regulations; rights of owner of existing valid mining claim as unaffected.
460y–6.
Administration of public lands within Area.
460y–7.
Withdrawal of certain public lands for classification; revocation of Executive Order Numbered 5237.
460y–8.
Survey and investigation area.
460y–9.
Authorization of appropriations.

        

SUBCHAPTER LXXXIV—OREGON DUNES NATIONAL RECREATION AREA

460z.
Establishment.
460z–1.
Administration, protection, and development.
460z–2.
Inland sector; establishment as buffer sector.
460z–3.
Boundary map; revision.
460z–4.
Transfer of Federal property.
460z–5.
Land acquisition in inland sector.
460z–6.
Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property.
460z–7.
Hunting, fishing, and trapping.
460z–8.
Mining restriction.
460z–9.
Water utilization; transportation of wastes; easements.
460z–10.
Advisory Council.
460z–11.
Area review; report to the President; wilderness designation.
460z–12.
Federal-State cooperation.
460z–13.
Authorization of appropriations.

        

SUBCHAPTER LXXXV—SAWTOOTH NATIONAL RECREATION AREA

460aa.
Establishment.
460aa–1.
Administration.
460aa–2.
Acquisition of land.
460aa–3.
Private land, regulations.
460aa–4.
Administrative determination of suitability for designation as wilderness areas.
460aa–5.
Cooperation with other agencies in development and operation of facilities and services; Stanley, restoration.
460aa–6.
State civil and criminal jurisdiction.
460aa–7.
Hunting and fishing regulations.
460aa–8.
Federal-State water rights.
460aa–9.
Mining restriction; Federal lands withdrawn from location, entry, and patent under United States mining laws.
460aa–10.
Land surface protection; regulations.
460aa–11.
Patents; restriction on issuance.
460aa–12.
Authorization of appropriations; availability of land and water conservation fund money.
460aa–13.
Area analysis for park or park administrative unit proposal.
460aa–14.
Separability.

        

SUBCHAPTER LXXXVI—GOLDEN GATE NATIONAL RECREATION AREA

460bb.
Establishment.
460bb–1.
Composition and boundaries.
460bb–2.
Acquisition policy.
460bb–3.
Administration.
460bb–4.
Golden Gate National Recreation Area Advisory Commission.
460bb–5.
Authorization of appropriations; limitation; adjustments.

        

SUBCHAPTER LXXXVII—GATEWAY NATIONAL RECREATION AREA

460cc.
Establishment.
460cc–1.
Acquisition of property.
460cc–2.
Administration.
460cc–3.
Gateway National Recreation Area Advisory Commission.
460cc–4.
Authorization of appropriations; limitation; adjustments.

        

SUBCHAPTER LXXXVIII—GLEN CANYON NATIONAL RECREATION AREA

460dd.
Establishment; boundaries; publication in Federal Register.
460dd–1.
Acquisition of property.
460dd–2.
Public lands.
460dd–3.
Administration, protection, and development; statutory authorities for conservation and management of natural resources; Glen Canyon Dam and Reservoir.
460dd–4.
Hunting and fishing.
460dd–5.
Mineral and grazing leases; Bureau of Land Management administration and policies.
460dd–6.
Easements and rights-of-way.
460dd–7.
Proposed road study.
460dd–8.
Report to President.
460dd–9.
Authorization of appropriations; limitation.

        

SUBCHAPTER LXXXIX—BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA

460ee.
Establishment.

        

SUBCHAPTER XC—CUYAHOGA VALLEY NATIONAL PARK

460ff.
Establishment.
460ff–1.
Acquisition of land.
460ff–2.
Land acquisition plan.
460ff–3.
Administration.
460ff–4.
Repealed.
460ff–5.
Authorization of appropriations; master plan.

        

SUBCHAPTER XCI—HELLS CANYON NATIONAL RECREATION AREA

460gg.
Establishment.
460gg–1.
Wilderness designation.
460gg–2.
Federal power and water resources projects.
460gg–3.
Present and future use of Snake River.
460gg–4.
Administration, protection, and development.
460gg–5.
Management plan for recreation area.
460gg–6.
Acquisition of property.
460gg–7.
Rules and regulations.
460gg–8.
Lands withdrawn from location, entry, and patent under United States mining laws.
460gg–9.
Hunting and fishing.
460gg–10.
Ranching, grazing, etc., as valid uses of area.
460gg–11.
Civil and criminal jurisdiction of Idaho and Oregon.
460gg–12.
Development and operation of facilities and services; cooperation with Federal, State, etc., agencies.
460gg–13.
Authorization of appropriations.

        

SUBCHAPTER XCII—CHICKASAW NATIONAL RECREATION AREA

460hh.
Establishment; boundaries; publication in Federal Register.
460hh–1.
Acquisition of property.
460hh–2.
Establishment of hunting and fishing zones; exceptions; consultation with State agencies.
460hh–3.
Law governing; Arbuckle Dam and Reservoir.
460hh–4.
Platt National Park designation repealed; incorporation of areas into Chickasaw National Recreation Area.
460hh–5.
Concurrent legislative jurisdiction with State of Oklahoma; requisites; notice in Federal Register.
460hh–6.
Authorization of appropriations.

        

SUBCHAPTER XCIII—CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA

460ii.
Establishment; boundaries; publication in Federal Register.
460ii–1.
Acquisition of property.
460ii–2.
Administration, protection, and development.
460ii–3.
Federal supervision of water resources projects.
460ii–4.
Funding sources and general management plan.
460ii–5.
Chattahoochee River National Recreation Area Advisory Commission.

        

SUBCHAPTER XCIV—ARAPAHO NATIONAL RECREATION AREA

460jj.
Establishment.
460jj–1.
Land acquisition.
460jj–2.
Hunting and fishing.
460jj–3.
Permits for facilities and services.
460jj–4.
Application of State water laws.
460jj–5.
Filing of maps.
460jj–6.
State civil and criminal jurisdiction.
460jj–7.
Authorization of appropriations.

        

SUBCHAPTER XCV—SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA

460kk.
Establishment.

        

SUBCHAPTER XCVI—RATTLESNAKE NATIONAL RECREATION AREA

460ll.
Findings and declaration of policy.
460ll–1.
Rattlesnake Wilderness.
460ll–2.
Rattlesnake National Recreation Area.
460ll–3.
Land acquisition and exchange.
460ll–4.
Filing of maps and descriptions.
460ll–5.
Authorization of appropriations.

        

[SUBCHAPTER XCVII—RESERVED]

SUBCHAPTER XCVIII—STEESE NATIONAL CONSERVATION AREA AND WHITE MOUNTAINS NATIONAL RECREATION AREA

460mm.
Establishment of conservation area.
460mm–1.
Administration of conservation area.
460mm–2.
Establishment of recreation area.
460mm–3.
Rights of holders of unperfected mining claims.
460mm–4.
Administration of recreation area.

        

SUBCHAPTER XCIX—ROBERT T. STAFFORD WHITE ROCKS NATIONAL RECREATION AREA

460nn.
Findings and purpose.
460nn–1.
Establishment.
460nn–2.
Map and description.
460nn–3.
Administration.

        

SUBCHAPTER C—OREGON CASCADES RECREATION AREA

460oo.
Establishment.

        

SUBCHAPTER CI—MOUNT BAKER RECREATION AREA

460pp.
Establishment.

        

SUBCHAPTER CII—ALLEGHENY NATIONAL RECREATION AREA

460qq.
Establishment.

        

SUBCHAPTER CIII—PINE RIDGE NATIONAL RECREATION AREA

460rr.
Establishment.
460rr–1.
Map and description.
460rr–2.
Administration.

        

SUBCHAPTER CIV—KLAMATH RIVER CONSERVATION AREA

460ss.
Findings.
460ss–1.
Establishment.
460ss–2.
Klamath Fishery Management Council.
460ss–3.
Klamath River Basin Fisheries Task Force.
460ss–4.
Enforcement.
460ss–5.
Appropriations.
460ss–6.
Definitions.

        

SUBCHAPTER CV—CROSS FLORIDA NATIONAL CONSERVATION AREA

460tt.
Cross Florida Barge Canal.

        

SUBCHAPTER CVI—EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA

Part A—El Malpais National Monument

460uu.
Establishment; description of area.
460uu–1.
Transfer of administrative control of lands and waters.
460uu–2.
Management.
460uu–3.
Grazing permits.

        

Part B—Masau Trail

460uu–11.
Designation.
460uu–12.
Areas included.
460uu–13.
Information and interpretation.
460uu–14.
Markers.

        

Part C—El Malpais National Conservation Area

460uu–21.
Establishment; description of area.
460uu–22.
Management.

        

Part D—Wilderness

460uu–31.
Designation; description of area.
460uu–32.
Management; provisions applicable.

        

Part E—General Provisions

460uu–41.
Management plans.
460uu–42.
Acquisition of lands and interests.
460uu–43.
State exchanges of lands and interests.
460uu–44.
Mineral exchanges.
460uu–45.
Acoma Pueblo exchanges.
460uu–46.
Exchanges and acquisitions generally; withdrawal.
460uu–47.
Access.
460uu–48.
Cooperative agreements with Federal, State and local public departments and agencies.
460uu–49.
Water rights.
460uu–50.
Authorization of appropriations.

        

SUBCHAPTER CVII—WINDING STAIR MOUNTAIN NATIONAL RECREATION AND WILDERNESS AREA

460vv.
Findings and purposes.
460vv–1.
Additions to National Wilderness Preservation System.
460vv–2.
Maps and descriptions.
460vv–3.
Administration.
460vv–4.
Wilderness review.
460vv–5.
Adjacent management.
460vv–6.
Winding Stair Mountain National Recreation Area.
460vv–7.
Botanical areas.
460vv–8.
Indian Nations National Scenic and Wildlife Area.
460vv–9.
Beech Creek National Scenic Area.
460vv–10.
Nomenclature.
460vv–11.
Timber management report.
460vv–12.
Advisory committee.
460vv–13.
Planning.
460vv–14.
Fire, insect, and disease.
460vv–15.
Grazing.
460vv–16.
Fishing and wildlife.
460vv–17.
Permits.
460vv–18.
Land acquisition.
460vv–19.
Acreages.

        

SUBCHAPTER CVIII—GAULEY RIVER NATIONAL RECREATION AREA

460ww.
Establishment.
460ww–1.
Administration.
460ww–2.
Miscellaneous.
460ww–3.
Authorization of appropriations.
460ww–4.
Special conditions.
460ww–5.
Advisory Committee.

        

SUBCHAPTER CIX—SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA

460xx.
Establishment.
460xx–1.
Management.
460xx–2.
Management plan.
460xx–3.
Advisory Committee.
460xx–4.
Land acquisition.
460xx–5.
Report to Congress.
460xx–6.
Authorization of appropriations.

        

SUBCHAPTER CX—CITY OF ROCKS NATIONAL RESERVE

460yy.
Establishment.
460yy–1.
Plan and management.

        

SUBCHAPTER CXI—MISSISSIPPI NATIONAL RIVER AND RECREATION AREA

Part A—Mississippi National River and Recreation Area

460zz.
Findings and purposes.
460zz–1.
Establishment.
460zz–2.
Mississippi River Coordinating Commission.
460zz–3.
Federal lands and developments.
460zz–4.
Administration.
460zz–5.
State and local assistance and jurisdiction.
460zz–6.
Authorization of appropriations.

        

Part B—Tri-Rivers Management

460zz–11.
Tri-Rivers Management Board.

        

SUBCHAPTER CXII—GRAND ISLAND NATIONAL RECREATION AREA

460aaa.
Establishment.
460aaa–1.
Boundaries.
460aaa–2.
Administration.
460aaa–3.
Acquisition.
460aaa–4.
Fish and game.
460aaa–5.
Minerals.
460aaa–6.
Management plan.
460aaa–7.
Grand Island Advisory Commission.
460aaa–8.
Authorization of appropriations.

        

SUBCHAPTER CXIII—SMITH RIVER NATIONAL RECREATION AREA

460bbb.
Findings.
460bbb–1.
Definitions.
460bbb–2.
Establishment.
460bbb–3.
Administration.
460bbb–4.
Acquisition and disposal of lands and other property.
460bbb–5.
Fish and game.
460bbb–6.
Minerals.
460bbb–7.
Management planning.
460bbb–8.
Streamside protection zones.
460bbb–9.
State and local jurisdiction and assistance.
460bbb–10.
Savings provision.
460bbb–11.
Authorization of appropriations.

        

SUBCHAPTER CXIV—RED ROCK CANYON NATIONAL CONSERVATION AREA

460ccc.
Definitions.
460ccc–1.
Establishment.
460ccc–2.
Management.
460ccc–3.
Management plan.
460ccc–4.
Acquisitions.
460ccc–5.
Withdrawal; exchange of lands.
460ccc–6.
Cooperative agreements.
460ccc–7.
Coordinated management.
460ccc–8.
Water.
460ccc–9.
No buffer zones.
460ccc–10.
Authorization of appropriations.

        

SUBCHAPTER CXV—GILA BOX RIPARIAN NATIONAL CONSERVATION AREA

460ddd.
Establishment.

        

SUBCHAPTER CXVI—LAKE MEREDITH NATIONAL RECREATION AREA

460eee.
Establishment.
460eee–1.
Administration.
460eee–2.
Authorization of appropriations.

        

SUBCHAPTER CXVII—AMISTAD NATIONAL RECREATION AREA

460fff.
Establishment.
460fff–1.
Administration.
460fff–2.
Authorization of appropriations.

        

SUBCHAPTER CXVIII—ED JENKINS NATIONAL RECREATION AREA AND COOSA BALD NATIONAL SCENIC AREA

460ggg.
Wilderness.
460ggg–1.
National scenic area.
460ggg–2.
Recreation area.
460ggg–3.
Maps and legal descriptions.

        

SUBCHAPTER CXIX—SPRING MOUNTAINS NATIONAL RECREATION AREA

460hhh.
Definitions.
460hhh–1.
Purposes.
460hhh–2.
Establishment.
460hhh–3.
Management.
460hhh–4.
Management plan.
460hhh–5.
Acquisition of lands.
460hhh–6.
Withdrawal.
460hhh–7.
Cooperative agreements.
460hhh–8.
Authorization of appropriations.

        

SUBCHAPTER CXX—MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA

460iii.
Findings.
460iii–1.
Definitions.
460iii–2.
Establishment.
460iii–3.
Management and use.
460iii–4.
Additions.
460iii–5.
Other laws and administrative provisions.
460iii–6.
Authorization of appropriations.

        

SUBCHAPTER CXXI—JEMEZ NATIONAL RECREATIONAL AREA

460jjj.
Establishment.
460jjj–1.
Administration.
460jjj–2.
Minerals and mining.
460jjj–3.
Adjoining lands.
460jjj–4.
Acquisition of land.
460jjj–5.
Authorization of appropriations.

        

SUBCHAPTER CXXII—BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA

460kkk.
Boston Harbor Islands National Recreation Area.

        

SUBCHAPTER CXXIII—LAND BETWEEN THE LAKES PROTECTION

460lll.
Definitions.
460lll–1.
Purposes.

        

Part A—Establishment, Administration, and Jurisdiction

460lll–11.
Establishment.
460lll–12.
Civil and criminal jurisdiction.
460lll–13.
Payments to States and counties.
460lll–14.
Forest highways.

        

Part B—Management Provisions

460lll–21.
Land and resource management plan.
460lll–22.
Advisory Board.
460lll–23.
Fees.
460lll–24.
Disposition of receipts.
460lll–25.
Special use authorizations.
460lll–26.
Cooperative authorities and gifts.
460lll–27.
Designation of national recreation trail.
460lll–28.
Cemeteries.
460lll–29.
Resource management.
460lll–30.
Hematite Dam.
460lll–31.
Trust Fund.

        

Part C—Transfer Provisions

460lll–41.
Effective date of transfer.
460lll–42.
Statement of policy.
460lll–43.
Memorandum of agreement.
460lll–44.
Records.
460lll–45.
Transfer of personal property.
460lll–46.
Compliance with environmental laws.
460lll–47.
Personnel.
460lll–48.
Tennessee Valley Authority transfer costs.
460lll–49.
Tennessee Valley Authority transfer funding.

        

Part D—Funding

460lll–61.
Authorization of appropriations.

        

SUBCHAPTER CXXIV—McINNIS CANYONS NATIONAL CONSERVATION AREA

460mmm.
Findings and purpose.
460mmm–1.
Definitions.
460mmm–2.
McInnis Canyons National Conservation Area.
460mmm–3.
Black Ridge Canyons Wilderness designation.
460mmm–4.
Management.
460mmm–5.
Maps and legal descriptions.
460mmm–6.
Advisory Council.
460mmm–7.
Public access.

        

SUBCHAPTER CXXV—STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND PROTECTION AREA

460nnn.
Definitions.
460nnn–1.
Maps and legal descriptions.
460nnn–2.
Valid existing rights.
460nnn–3.
Protection of tribal rights.

        

Part A—Steens Mountain Cooperative Management and Protection Area

subpart 1—designation and purposes

460nnn–11.
Designation of Steens Mountain Cooperative Management and Protection Area.
460nnn–12.
Purpose and objectives of Cooperative Management and Protection Area.

        

subpart 2—management of federal lands

460nnn–21.
Management authorities and purposes.
460nnn–22.
Roads and travel access.
460nnn–23.
Land use authorities.
460nnn–24.
Land acquisition authority.
460nnn–25.
Special use permits.

        

subpart 3—cooperative management

460nnn–41.
Cooperative management agreements.
460nnn–42.
Cooperative efforts to control development and encourage conservation.

        

subpart 4—advisory council

460nnn–51.
Establishment of advisory council.
460nnn–52.
Advisory role in management activities.
460nnn–53.
Science committee.

        

Part B—Steens Mountain Wilderness Area

460nnn–61.
Designation of Steens Mountain Wilderness Area.
460nnn–62.
Administration of Wilderness Area.
460nnn–63.
Water rights.
460nnn–64.
Treatment of wilderness study areas.

        

Part C—Wild and Scenic Rivers and Trout Reserve

460nnn–71.
Designation of streams for wild and scenic river status in Steens Mountain Area.
460nnn–72.
Donner und Blitzen River Redband Trout Reserve.

        

Part D—Mineral Withdrawal Area

460nnn–81.
Designation of mineral withdrawal area.
460nnn–82.
Treatment of State lands and mineral interests.

        

Part E—Establishment of Wildlands Juniper Management Area

460nnn–91.
Wildlands Juniper Management Area.
460nnn–92.
Release from wilderness study area status.

        

Part F—Land Exchanges

460nnn–101.
Land exchange, Roaring Springs Ranch.
460nnn–102.
Land exchanges, C. M. Otley and Otley Brothers.
460nnn–103.
Land exchange, Tom J. Davis Livestock, Incorporated.
460nnn–104.
Land exchange, Lowther (Clemens) Ranch.
460nnn–105.
General provisions applicable to land exchanges.

        

Part G—Funding Authorities

460nnn–121.
Authorization of appropriations.
460nnn–122.
Use of land and water conservation fund.

        

SUBCHAPTER CXXVI—LAS CIENEGAS NATIONAL CONSERVATION AREA

460ooo.
Definitions.
460ooo–1.
Establishment of the Sonoita Valley Acquisition Planning District.
460ooo–2.
Purposes of the Acquisition Planning District.
460ooo–3.
Establishment of the Las Cienegas National Conservation Area.
460ooo–4.
Management of the Las Cienegas National Conservation Area.
460ooo–5.
Management plan.
460ooo–6.
Land acquisition.
460ooo–7.
Reports to Congress.

        

SUBCHAPTER CXXVII—BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT TRAILS NATIONAL CONSERVATION AREA

460ppp.
Findings.
460ppp–1.
Definitions.
460ppp–2.
Establishment of the conservation area.
460ppp–3.
Management.
460ppp–4.
Withdrawal.
460ppp–5.
No buffer zones.
460ppp–6.
Wilderness.
460ppp–7.
Authorization of appropriations.

        

SUBCHAPTER CXXVIII—SLOAN CANYON NATIONAL CONSERVATION AREA

460qqq.
Purpose.
460qqq–1.
Definitions.
460qqq–2.
Establishment.
460qqq–3.
Management.
460qqq–4.
Sale of Federal parcel.
460qqq–5.
Right-of-way.

        

SUBCHAPTER CXXIX—RIO GRANDE NATURAL AREA

460rrr.
Definitions.
460rrr–1.
Establishment of Rio Grande Natural Area.
460rrr–2.
Establishment of the Commission.
460rrr–3.
Powers of the Commission.
460rrr–4.
Management plan.
460rrr–5.
Administration of Natural Area.
460rrr–6.
Effect.
460rrr–7.
Authorization of appropriations.
460rrr–8.
Termination of Commission.

        

SUBCHAPTER CXXX—COW MOUNTAIN RECREATION AREA

460sss.
Cow Mountain Recreation Area, Lake and Mendocino Counties, California.

        

SUBCHAPTER CXXXI—MOOSALAMOO NATIONAL RECREATION AREA

460ttt.
Designation.
460ttt–1.
Map and description.
460ttt–2.
Administration of national recreation area.

        

SUBCHAPTER CXXXII—MOUNT HOOD NATIONAL RECREATION AREA

460uuu.
Mount Hood National Recreation Area.

        

SUBCHAPTER CXXXIII—BRIDGEPORT WINTER RECREATION AREA

460vvv.
Bridgeport Winter Recreation Area.

        

SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL CONSERVATION AREA

460www.
Red Cliffs National Conservation Area.

        

SUBCHAPTER CXXXV—BEAVER DAM WASH NATIONAL CONSERVATION AREA

460xxx.
Beaver Dam Wash National Conservation Area.

        

SUBCHAPTER CXXXVI—FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA

460yyy.
Definitions.
460yyy–1.
Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.
460yyy–2.
Management of the Conservation Area.
460yyy–3.
Authorization of appropriations.

        

SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA

460zzz.
Definitions.
460zzz–1.
Dominguez-Escalante National Conservation Area.
460zzz–2.
Dominguez Canyon Wilderness Area.
460zzz–3.
Maps and legal descriptions.
460zzz–4.
Management of Conservation Area and Wilderness.
460zzz–5.
Management plan.
460zzz–6.
Advisory Council.
460zzz–7.
Authorization of appropriations.

        

SUBCHAPTER CXXXVIII—NELLIS DUNES OFF-HIGHWAY VEHICLE RECREATION AREA

460aaaa.
Nellis Dunes Off-Highway Vehicle Recreation Area.

        

SUBCHAPTER I—NATIONAL PARK SERVICE

§1. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Aug. 25, 1916, ch. 408, §1, 39 Stat. 535; Ex. Ord. No. 6166, §2, June 10, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, §814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs.

Short Title of 2008 Amendment

Pub. L. 110–229, §1(a), May 8, 2008, 122 Stat. 754, provided that: "This Act [see Tables for classification] may be cited as the 'Consolidated Natural Resources Act of 2008'."

Short Title of 2004 Amendment

Pub. L. 108–352, §1, Oct. 21, 2004, 118 Stat. 1395, provided that: "This Act [see Tables for classification] may be cited as the 'National Park System Laws Technical Amendments Act of 2004'."

Short Title of 2002 Amendment

Pub. L. 107–236, §1, Oct. 9, 2002, 116 Stat. 1483, provided that: "This Act [amending section 460kk of this title] may be cited as the 'Santa Monica Mountains National Recreation Area Boundary Adjustment Act'."

Short Title of 2000 Amendment

Pub. L. 106–510, §1, Nov. 13, 2000, 114 Stat. 2363, provided that: "This Act [see Tables for classification] may be cited as the 'Hawaii Volcanoes National Park Adjustment Act of 2000'."

Short Title of 1983 Amendment

Pub. L. 98–141, §1, Oct. 31, 1983, 97 Stat. 909, provided: "That this Act [amending sections 459b–8, 459g–7, and 460x–14 of this title and sections 872, 874, 875, 880, and 885 of former Title 40, Public Buildings, Property, and Works, repealing section 433e of this title, and amending provisions set out as a note under section 433c of this title] may be cited as the 'Public Lands and National Parks Act of 1983'."

§1a. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section, act June 28, 1938, ch. 778, §1, 52 Stat. 1213, related to residence of United States Commissioners [now magistrate judges].

§1a–1. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §1, Aug. 18, 1970, 84 Stat. 825; Pub. L. 95–250, title I, §101(b), Mar. 27, 1978, 92 Stat. 166, related to National Park System: administration; declaration of findings and purpose. See section 100101(b) of Title 54, National Park Service and Related Programs.

§1a–2. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §3, Aug. 18, 1970, 84 Stat. 826; Pub. L. 94–458, §1, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 104–333, div. I, title VII, §703, title VIII, §818, Nov. 12, 1996, 110 Stat. 4185, 4201; Pub. L. 105–391, title VIII, §802(a), Nov. 13, 1998, 112 Stat. 3522; Pub. L. 106–176, title I, §118, Mar. 10, 2000, 114 Stat. 28, related to Secretary of the Interior's authorization of activities. See sections 100751(b), 100901(a) to (c), 100906(a), (d), 101302, 101702(b), (c), 101703, and 102102 of Title 54, National Park Service and Related Programs.

§1a–3. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §6, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939; amended Pub. L. 103–437, §6(a)(1), Nov. 2, 1994, 108 Stat. 4583, related to legislative jurisdiction; relinquishment by Secretary; submittal of proposed agreement to Congressional committees; concurrent legislative jurisdiction. See section 100754 of Title 54, National Park Service and Related Programs.

§1a–4. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §7, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1940, related to uniform allowance.

§1a–5. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §8, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title VI, §604(1), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 96–199, title I, §104, Mar. 5, 1980, 94 Stat. 68; Pub. L. 96–344, §8, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 103–437, §6(b), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(I), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–391, title III, §303, Nov. 13, 1998, 112 Stat. 3501, related to additional areas for National Park System. See section 100507 of Title 54, National Park Service and Related Programs.

§1a–6. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §10, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1941; amended Pub. L. 106–437, §2, Nov. 6, 2000, 114 Stat. 1920; Pub. L. 108–352, §11, Oct. 21, 2004, 118 Stat. 1397, related to law enforcement personnel within National Park System. See section 102701 of Title 54, National Park Service and Related Programs.

§1a–7. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §12, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1942; amended Pub. L. 95–625, title VI, §604(3), (4), Nov. 10, 1978, 92 Stat. 3518, 3519; Pub. L. 103–437, §6(c), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 105–391, title IV, §415(b)(2), Nov. 13, 1998, 112 Stat. 3515, related to National Park System development program. Subsec. (a), which required the Secretary of the Interior to transmit a detailed development program and had been omitted from the Code due to its termination, was repealed as obsolete. Subsec. (b) was repealed and restated in section 100502 of Title 54, National Park Service and Related Programs.

§1a–7a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–383, §13, as added Pub. L. 103–322, title IV, §40132, Sept. 13, 1994, 108 Stat. 1917, related to National Park System crime prevention assistance. See section 102702 of Title 54, National Park Service and Related Programs.

§1a–7b. Protection of right of individuals to bear arms

(a) Congressional findings

Congress finds the following:

(1) The 2d amendment to the Constitution provides that "the right of the people to keep and bear Arms, shall not be infringed".

(2) Section 27.42 of title 50, Code of Federal Regulations, provides that, except in special circumstances, citizens of the United States may not "possess, use, or transport firearms on national wildlife refuges" of the United States Fish and Wildlife Service.

(3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at units of the National Wildlife Refuge System.

(4) The existence of different laws relating to the transportation and possession of firearms at different units of the National Wildlife Refuge System entrapped law-abiding gun owners while at units of the National Wildlife Refuge System.

(5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in units of the National Wildlife Refuge System that went into effect on January 9, 2009—

(A) on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and

(B) the new regulations—

(i) are under review by the Obama administration; and

(ii) may be altered.


(6) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 90,790,000 acres of land under the jurisdiction of the United States Fish and Wildlife Service.

(7) Federal laws should make it clear that the 2d amendment rights of an individual at a unit of the National Wildlife Refuge System should not be infringed.

(b) Protection of right of individuals to bear arms in units of the National Wildlife Refuge System

The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any unit of the National Wildlife Refuge System if—

(1) the individual is not otherwise prohibited by law from possessing the firearm; and

(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Wildlife Refuge System is located.

(Pub. L. 111–24, title V, §512, May 22, 2009, 123 Stat. 1764; Pub. L. 113–287, §§4(d), 7, Dec. 19, 2014, 128 Stat. 3263, 3272.)

Amendments

2014—Pub. L. 113–287, §7, which directed repeal of this section insofar as it related to the National Park System, could not be executed because of the general amendment by Pub. L. 113–287, §4(d), which made section applicable only to the National Wildlife Refuge System. See below. For provisions related to the National Park System, see section 104906 of Title 54, National Park Service and Related Programs.

Pub. L. 113–287, §4(d), amended section generally. Prior to amendment, section related to the right of Americans to exercise their Second Amendment rights in the National Park System and the National Wildlife Refuge System.

Effective Date

Section effective nine months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an Effective Date of 2009 Amendment note under section 1602 of Title 15, Commerce and Trade.

§1a–8. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 98–540, §4, Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, §6(d)(1), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196, related to maintenance management system for the National Park System. Subsec. (a) was repealed and restated in section 101301 of Title 54, National Park Service and Related Programs. Subsec. (b), which required annual status reports, had been previously repealed by Pub. L. 104–333.

§1a–9. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–628, title XII, §1213, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, §6(d)(2), Nov. 2, 1994, 108 Stat. 4583, related to periodic review of National Park System. See section 100505(a) of Title 54, National Park Service and Related Programs.

§1a–10. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–628, title XII, §1214, Nov. 28, 1990, 104 Stat. 4508, related to consultation with affected agencies and organizations. See section 100505(b) of Title 54, National Park Service and Related Programs.

§1a–11. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–628, title XII, §1215, Nov. 28, 1990, 104 Stat. 4508, related to contents of the report on the periodic review of the National Park System. See section 100505(c) of Title 54, National Park Service and Related Programs.

§1a–12. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–628, title XII, §1216, Nov. 28, 1990, 104 Stat. 4508, related to evaluation of proposed boundary changes. See section 100506(a) of Title 54, National Park Service and Related Programs.

§1a–13. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–628, title XII, §1217, Nov. 28, 1990, 104 Stat. 4508, related to proposals for boundary changes. See section 100506(b) of Title 54, National Park Service and Related Programs.

§1a–14. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 102–525, title III, §301, Oct. 26, 1992, 106 Stat. 3441, related to National Park System advisory committees. See section 100906(b), (c) of Title 54, National Park Service and Related Programs.

§1b. Repealed or Transferred

Codification

Section, act Aug. 8, 1953, ch. 384, §1, 67 Stat. 495; Pub. L. 91–383, §2(a), Aug. 18, 1970, 84 Stat. 826, which related to Secretary of the Interior's authorization of additional activities; administration of National Park System, was repealed in part and transferred in part. Introductory provisions and pars. (1), (2), and (4) to (8) were repealed and restated in sections 100901(a), (d) to (h), 101901, and 102711 of Title 54, National Park Service and Related Programs. Par. (3) was transferred and is set out as a note under section 407a of this title.

§1c. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Aug. 8, 1953, ch. 384, §2, 67 Stat. 496; Pub. L. 91–383, §2(b), Aug. 18, 1970, 84 Stat. 826, related to general administration provisions; system defined; particular areas. See sections 100501 and 100755 of Title 54, National Park Service and Related Programs.

§1d. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Aug. 8, 1953, ch. 384, §3, 67 Stat. 496, related to appropriations. See section 103102 of Title 54, National Park Service and Related Programs.

§1e. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 98–473, title I, §101(c) [title I, §100], Oct. 12, 1984, 98 Stat. 1837, 1844; Pub. L. 89–671, §14(c), as added Pub. L. 107–219, §1(a)(3), Aug. 21, 2002, 116 Stat. 1330, related to National Capital region arts and cultural affairs; grant program. See section 102302 of Title 54, National Park Service and Related Programs.

§1f. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 104–333, div. I, title VIII, §814(g), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 113–40, §10(c), Oct. 2, 2013, 127 Stat. 546, related to challenge cost-share agreement authority. See section 101701 of Title 54, National Park Service and Related Programs.

§1g. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–189, related to cooperative agreements. See section 101702(a) of Title 54, National Park Service and Related Programs.

§1h. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 227, related to sums provided by private entities for utility services. See section 103103 of Title 54, National Park Service and Related Programs.

§1i. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 227, related to reimbursable agreements. See section 101704 of Title 54, National Park Service and Related Programs.

§1j. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 110–229, title III, §301, May 8, 2008, 122 Stat. 768, related to cooperative agreements for national park natural resource protection. Subsecs. (a) to (c) were repealed and restated in section 101702(d) of Title 54, National Park Service and Related Programs. Subsec. (d) authorized appropriations to carry out this section.

§2. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Aug. 25, 1916, ch. 408, §2, 39 Stat. 535; Mar. 4, 1921, ch. 161, §1, 41 Stat. 1407, related to national parks, reservations, and monuments; supervision. See section 100302(a)(3) of Title 54, National Park Service and Related Programs.

§3. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Aug. 25, 1916, ch. 408, §3, 39 Stat. 535; June 2, 1920, ch. 218, §5, 41 Stat. 732; Mar. 7, 1928, ch. 137, §1, 45 Stat. 235; Pub. L. 85–434, May 29, 1958, 72 Stat. 152; Pub. L. 105–391, title IV, §415(b)(1), Nov. 13, 1998, 112 Stat. 3515, related to rules and regulations of national parks, reservations, and monuments; timber; leases. See section 1865(a) of Title 18, Crimes and Criminal Procedure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs.

§3a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1387, related to recovery of costs associated with special use permits. See section 103104 of Title 54, National Park Service and Related Programs.

§3b. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 87–608, Aug. 24, 1962, 76 Stat. 405, related to maintenance and repair of Government improvements under concession contracts.

Codification

Section was classified to section 303c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.

§4. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Aug. 25, 1916, ch. 408, §4, 39 Stat. 536, related to rights-of-way through public lands. See section 100303 of Title 54, National Park Service and Related Programs.

§5. Omitted

Codification

Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on "the public lands, national forests, and reservations of the United States" for electrical power and communications purposes, was omitted because its provisions, as they related to System units, were repealed by Pub. L. 113–287 and because act Mar. 4, 1911, is also classified to section 961 of Title 43, Public Lands. It was also classified to sections 420 and 523 of this title prior to their omission from the Code.

§6. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 5, 1920, ch. 235, §1, 41 Stat. 917, related to donations of lands within national parks and monuments and moneys. See section 101101 of Title 54, National Park Service and Related Programs.

§6a. Repealed. Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656

Section, act July 10, 1935, ch. 375, §4, 49 Stat. 478, related to acceptance of gifts or bequests of money.

§7. Repealed. Oct. 31, 1951, ch. 654, §1(35), 65 Stat. 702

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to purchase of supplies or services for National Park Service.

§7a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 18, 1950, ch. 72, §1, 64 Stat. 27; Pub. L. 85–726, title XIV, §1402(e), Aug. 23, 1958, 72 Stat. 807; Pub. L. 91–258, title I, §52(b)(1), May 21, 1970, 84 Stat. 235, related to airports in national parks, monuments and recreation areas; construction, etc. See section 101501(b) of Title 54, National Park Service and Related Programs.

§7b. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 18, 1950, ch. 72, §2, 64 Stat. 28; Pub. L. 89–763, Nov. 5, 1966, 80 Stat. 1313, related to acquisition of lands for airport use; contracts for operation and maintenance. See section 101501(c) of Title 54, National Park Service and Related Programs.

§7c. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 18, 1950, ch. 72, §3, 64 Stat. 28, related to authorization to sponsor airport projects; use of funds. See section 101501(d) of Title 54, National Park Service and Related Programs.

§7d. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 18, 1950, ch. 72, §4, 64 Stat. 28, related to jurisdiction over airports; public operation. See section 101501(e) of Title 54, National Park Service and Related Programs.

§7e. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 18, 1950, ch. 72, §5, 64 Stat. 28, provided definitions for sections 7a to 7e. See section 101501(a) of Title 54, National Park Service and Related Programs.

§8. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Apr. 9, 1924, ch. 86, §1, 43 Stat. 90, related to roads and trails in national parks and monuments; construction, etc. See section 101511(a) of Title 54, National Park Service and Related Programs.

§8–1. Repealed. Pub. L. 85–767, §2 [33], Aug. 27, 1958, 72 Stat. 919

Section, act Sept. 7, 1950, ch. 912, §4(a), 64 Stat. 787, related to administration of appropriations for construction, reconstruction, and improvement of roads and trails in national parks, monuments, and other areas administered by National Park Service.

Act Sept. 5, 1940, ch. 715, §8, 54 Stat. 870, which was formerly classified to this section, was repealed by Pub. L. 85–767, §2[23], Aug. 27, 1958, 72 Stat. 919.

§8a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Apr. 9, 1924, ch. 86, §4, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053, related to designation of national-park approach roads. See section 101511(b)(1) of Title 54, National Park Service and Related Programs.

§8b. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Apr. 9, 1924, ch. 86, §5, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053; amended 1939 Reorg. Plan No. I, §§301, 302, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1426; June 29, 1948, ch. 732, §4(a), 62 Stat. 1107; June 30, 1949, ch. 288, title I, §103, 63 Stat. 380; 1949 Reorg. Plan No. 7, §2, eff. Aug. 10, 1949, 14 F.R. 5228, 63 Stat. 1070, related to national-park approach roads and roads and trails within national parks and national monuments; construction, improvement, and maintenance; appropriation. See section 101511(a), (b)(2), (c) of Title 54, National Park Service and Related Programs.

§8c. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Apr. 9, 1924, ch. 86, §6, as added Jan. 31, 1931, ch. 79, 46 Stat. 1054, related to national-park approach roads across or within national forests; approval of Secretary of Agriculture. See section 101511(b)(3) of Title 54, National Park Service and Related Programs.

§8d. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 4, 1931, ch. 522, title I, 46 Stat. 1570, related to national-monument approach roads.

§8e. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 3, 1948, ch. 401, §1, 62 Stat. 334, related to conveyance to States of roads leading to certain historical areas; conditions; jurisdiction. See section 101512(b) to (d) of Title 54, National Park Service and Related Programs.

§8f. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, acts June 3, 1948, ch. 401, §2, 62 Stat. 334; Aug. 1, 1956, ch. 852, §5, 70 Stat. 908, defined the word "State" as used in former section 8e of this title. See section 101512(a) of Title 54, National Park Service and Related Programs.

§9. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(12), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to exchange of motor vehicles and equipment as part consideration in purchase of new equipment.

§9a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, acts Mar. 2, 1933, ch. 180, §1, 47 Stat. 1420; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501, related to government of parks, etc.; violation of regulations as misdemeanor.

§§10, 10a. Repealed. Pub. L. 91–383, §10(a)(2), (3), as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1941

Section 10, act Mar. 3, 1905, ch. 1405, 33 Stat. 873, authorized National Park Service employees to arrest and prosecute persons violating the laws and regulations relating to the national forests and national parks. Act Mar. 3, 1905, insofar as it relates to the Forest Service, is classified to section 559 of this title. Pub. L. 91–383, §10(a), as amended, amended act Mar. 3, 1905, to delete references to the National Park Service and the national parks.

Section 10a, act Mar. 2, 1933, ch. 180, §2, 47 Stat. 1420, related to the authorization of commissioners, superintendents, caretakers, officers, or guards of national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, to arrest and prosecute persons for violations of any of the regulations prescribed pursuant to former section 9a of this title.

§11. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 10, 1926, ch. 277, §1, 44 Stat. 491, related to medical attention for employees of the National Park Service. See section 101303(a) of Title 54, National Park Service and Related Programs.

§12. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act July 3, 1926, ch. 792, §1, 44 Stat. 900, related to aid to visitors in emergencies. See section 102712(a) of Title 54, National Park Service and Related Programs.

§13. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act July 3, 1926, ch. 792, §2, 44 Stat. 900, related to medical attention to employees at isolated places; removal of bodies for burial. See section 101303(b) of Title 54, National Park Service and Related Programs.

§14. Repealed. Pub. L. 88–578, §2(a), Sept. 3, 1964, 78 Stat. 899

Section, acts Mar. 7, 1928, ch. 137, §1, 45 Stat. 238; Mar. 4, 1929, ch. 705, §1, 45 Stat. 1602, prohibited expenditure of appropriations for National Park Service where campground privileges are charged for by the Park Service.

Effective Date of Repeal

Repeal effective Jan. 1, 1965, see section 1(a) of Pub. L. 88–578, set out in part as an Effective Date of 1964 Amendment note under section 460d of this title.

§14a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 10, 1939, ch. 119, §1, 53 Stat. 729, related to availability of appropriations for printing information and signs.

§14b. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 9, 1935, ch. 101, §1, 49 Stat. 209, related to credits of receipts for meals and quarters furnished to Government employees in the field. Provision was also set out as section 456a of this title. See section 103101(a) of Title 54, National Park Service and Related Programs.

§14c. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 28, 1941, ch. 259, §1, 55 Stat. 350, related to availability of appropriations for expense of recording donated lands. See section 103101(b) of Title 54, National Park Service and Related Programs.

§14d. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1384; Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2507, related to use of funds for law enforcement and emergencies. See section 103101(c) of Title 54, National Park Service and Related Programs.

§14e. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 424, related to contribution for benefit payments to United States Park Police annuitants. See section 103101(d) of Title 54, National Park Service and Related Programs.

§15. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Mar. 7, 1928, ch. 137, §1, 45 Stat. 238, related to appropriations available for purchase of waterproof footwear. See section 103101(e) of Title 54, National Park Service and Related Programs.

§16. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act Apr. 18, 1930, ch. 187, 46 Stat. 219, related to central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution. See section 104901 of Title 54, National Park Service and Related Programs.

§17. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §1, 46 Stat. 381, related to personal equipment and supplies for employees; purchase by Secretary of the Interior; deductions from moneys due employees. See section 101304(a) of Title 54, National Park Service and Related Programs.

§17a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647

Section, act May 26, 1930, ch. 324, §2, 46 Stat. 382, provided for travel allowances and mileage for administration of National Park Service.

§17b. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §3, 46 Stat. 382, related to services or other accommodations for public; contracts; rates. See section 104902 of Title 54, National Park Service and Related Programs.

§17b–1. Repealed. Pub. L. 105–391, title IV, §415(b)(3), Nov. 13, 1998, 112 Stat. 3516

Section, acts July 31, 1953, ch. 298, title I, §1, 67 Stat. 271; July 14, 1956, ch. 598, 70 Stat. 543; Pub. L. 91–383, §12(c), as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1943, related to transmittal of reports of proposed contract and lease awards to Congressional officers by Secretary.

§17c. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §4, 46 Stat. 382, related to procurement of supplies, materials, and special services to aid permittees and licensees in emergencies; authority of Secretary of the Interior. See section 102712(b) of Title 54, National Park Service and Related Programs.

§17d. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §5, 46 Stat. 382, provided that section 543 of former Title 31, Money and Finance, should not be construed to prohibit the acceptance of traveler's checks and other forms of money equivalent in payment of automobile license fees, etc. charged at national parks.

§17e. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §6, 46 Stat. 382, related to care and removal of indigents; disposition of dead persons. See section 104903 of Title 54, National Park Service and Related Programs.

§17f. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §7, 46 Stat. 382, related to property of employee lost, damaged, or destroyed while in use on official business; reimbursement of employee. See section 101304(b) of Title 54, National Park Service and Related Programs.

§17g. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §8, 46 Stat. 383, related to equipment required by field employees; by whom furnished and maintained. See section 101304(c) of Title 54, National Park Service and Related Programs.

§17h. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §9, 46 Stat. 383, related to hire, rental, and purchase of property of employees; when authorized. See section 101304(d) of Title 54, National Park Service and Related Programs.

§17i. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §10, 46 Stat. 383, related to hire of work animals, vehicles and equipment with or without personal services; rates. See section 104904 of Title 54, National Park Service and Related Programs.

§17j. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 26, 1930, ch. 324, §11, 46 Stat. 383; Pub. L. 91–383, §5, Aug. 18, 1970, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939, related to traveling expenses of National Park System employees and dependents of deceased employees. See section 101305 of Title 54, National Park Service and Related Programs.

§17j–1. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 18, 1940, ch. 395, §1, 54 Stat. 445, related to travel expenses for attendance of National Park Service field employees at authorized meetings.

§17j–2. Authorization of appropriations for road maintenance and repair, etc.

Appropriations for the National Park Service are authorized for—

(a) Necessary protection of the area of federally owned land in the custody of the National Park Service known as the Ocean Strip and Queets Corridor, adjacent to Olympic National Park, Washington; necessary repairs to the roads from Glacier Park Station through the Blackfeet Indian Reservation to the various points in the boundary line of Glacier National Park, Montana, and the international boundary; repair and maintenance of approximately two and seventy-seven one-hundredths miles of road leading from United States Highway 187 to the north entrance of Grand Teton National Park, Wyoming; maintenance of approach roads through the Lassen National Forest leading to Lassen Volcanic National Park, California; maintenance and repair of the Generals Highway between the boundaries of Sequoia National Park, California, and the Grant Grove section of Kings Canyon National Park, California; maintenance of approximately two and one-fourth miles of roads comprising those portions of the Fresno-Kings Canyon approach road, Park Ridge Lookout Road, and Ash Mountain-Advance truck trail, necessary to the administration and protection of the Sequoia and Kings Canyon National Parks; maintenance of the roads in the national forests leading out of Yellowstone National Park, Wyoming, Idaho, and Montana; maintenance of the road in the Stanislaus National Forest connecting the Tioga Road with the Hetch Hetchy Road near Mather Station, Yosemite National Park, California; and maintenance and repair of the approach road to the Little Bighorn Battlefield National Monument and the road connecting the said monument with the Reno Monument site, Montana; repair and maintenance of the class "C" road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class "C" road enters Coronado National Memorial in the vicinity of Montezuma Pass, approximately 5.3 miles.

(b) to (g) Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272.

(h) Acquisition of rights-of-way and construction and maintenance of a water supply line partly outside the boundaries of Mesa Verde National Park.

(Aug. 7, 1946, ch. 788, 60 Stat. 885; Pub. L. 86–689, §3, Sept. 2, 1960, 74 Stat. 737; Pub. L. 102–201, title I, §101, Dec. 10, 1991, 105 Stat. 1631; Pub. L. 104–333, div. I, title VIII, §802, Nov. 12, 1996, 110 Stat. 4186; Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272.)

Amendments

2014—Subsecs. (b) to (g), (i), (j). Pub. L. 113–287 struck out subsecs. (b) to (g), (i), and (j), which authorized various appropriations for the National Park Service. See section 103102 of Title 54, National Park Service and Related Programs.

1996—Subsec. (j). Pub. L. 104–333 added subsec. (j).

1960—Subsec. (a). Pub. L. 86–689 authorized appropriations for the repair and maintenance of the class "C" road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class "C" road enters Coronado National Memorial in the vicinity of Montezuma Pass.

Change of Name

"Little Bighorn Battlefield National Monument" substituted in text for "Custer Battlefield National Monument" pursuant to Pub. L. 102–201.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§17k. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 23, 1936, ch. 735, §1, 49 Stat. 1894, related to park, parkway and recreational-area programs; study by National Park Service; consent of States; purpose; cooperation of government agencies. See section 100504(a)(2), (3) of Title 54, National Park Service and Related Programs.

§17l. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 23, 1936, ch. 735, §2, 49 Stat. 1894, related to coordination; planning by States with aid of National Park Service. See section 100504(a)(4) of Title 54, National Park Service and Related Programs.

§17m. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act June 23, 1936, ch. 735, §3, 49 Stat. 1895, related to consent of Congress to agreements between States; when agreements effective. See section 100504(b) of Title 54, National Park Service and Related Programs.

§17n. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, acts June 23, 1936, ch. 735, §4, 49 Stat. 1895; Aug. 1, 1956, ch. 852, §6, 70 Stat. 908, defined the term "State" as used in sections 17k and 17l of this title. See section 100504(a)(1) of Title 54, National Park Service and Related Programs.

§17o. Repealed or Omitted

Codification

Section, Pub. L. 104–333, div. I, title VIII, §814(a), Nov. 12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I, §120(a)(1), Mar. 10, 2000, 114 Stat. 28; Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, which related to National Park Service housing improvement, was repealed in part and omitted in part.

Section 17o consisted of pars. (1) to (19). Pars. (2) to (19) were repealed, and pars. (2), (3), (6) to (14), and (17) to (19) were restated in subchapter III (§101331 et seq.) of chapter 1013 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272, which Act enacted Title 54. For disposition of section 17o, see Disposition Table preceding section 100101 of Title 54.

Par. (1), which stated the purposes of this section, was omitted from the Code given the repeal of pars. (2) to (19) and enactment of Title 54.

§18. Transferred

Codification

Section, act July 19, 1940, ch. 642, §1, 54 Stat. 773; Pub. L. 93–193, §2, Dec. 19, 1973, 87 Stat. 765; Pub. L. 94–55, §2(b), July 9, 1975, 89 Stat. 262, which related to promotion of tourist travel, was transferred to section 1544 of Title 15, Commerce and Trade.

§18a. Transferred

Codification

Section, act July 19, 1940, ch. 642, §2, 54 Stat. 773, which related to cooperation with travel agencies and publication of information, was transferred to section 1545 of Title 15, Commerce and Trade.

§18b. Transferred

Codification

Section, act July 19, 1940, ch. 642, §3, 54 Stat. 773; Pub. L. 93–193, §2, Dec. 19, 1973, 87 Stat. 765; Pub. L. 97–31, §12(10), Aug. 6, 1981, 95 Stat. 154; Pub. L. 98–443, §9(o), Oct. 4, 1984, 98 Stat. 1708, which related to an advisory committee for promotion of tourist travel, was transferred to section 1546 of Title 15, Commerce and Trade.

§18c. Transferred

Section, act July 19, 1940, ch. 642, §4, 54 Stat. 774; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Pub. L. 93–193, §2, Dec. 19, 1973, 87 Stat. 765, which related to rules and regulations and employees, was transferred to section 1547 of Title 15, Commerce and Trade.

§18d. Transferred

Section, act July 19, 1940, ch. 642, §5, 54 Stat. 774; Pub. L. 91–549, Dec. 14, 1970, 84 Stat. 1437; Pub. L. 94–55, §2(a), July 9, 1975, 89 Stat. 262, which authorized appropriations, was transferred to section 1548 of Title 15, Commerce and Trade.

§18e. Repealed. Sept. 20, 1941, ch. 412, title V, §541(c), 55 Stat. 710

Section, act June 28, 1941, ch. 259, §1, 55 Stat. 350, exempted national park, etc., admission fees from all Federal tax on admissions. Act Sept. 20, 1941, was made effective on, and applicable only with respect to, the period beginning with Oct. 1, 1941, by section 550(a) thereof.

§18f. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act July 1, 1955, ch. 259, §1, 69 Stat. 242; Pub. L. 104–333, div. I, title VIII, §804(a)(1), Nov. 12, 1996, 110 Stat. 4187, related to management of museum properties. See sections 102501 and 102503(a) to (f) of Title 54, National Park Service and Related Programs.

§18f–1. Transferred

Codification

Section, Pub. L. 101–512, title I, §116, Nov. 5, 1990, 104 Stat. 1937, which related to disposal of unnecessary or duplicate museum objects and use of proceeds, was transferred and is set out as a note under section 102501 of Title 54, National Park Service and Related Programs.

§18f–2. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act July 1, 1955, ch. 259, §2, as added Pub. L. 104–333, div. I, title VIII, §804(a)(2), Nov. 12, 1996, 110 Stat. 4187, related to additional functions. See sections 102503(g) to (i) and 102504 of Title 54, National Park Service and Related Programs.

§18f–3. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act July 1, 1955, ch. 259, §3, as added Pub. L. 104–333, div. I, title VIII, §804(b), Nov. 12, 1996, 110 Stat. 4188, related to application and definitions. Subsec. (a), which made certain authorities available to the Secretary of the Interior, was repealed as obsolete. Subsec. (b) was repealed and restated in section 102502 of Title 54, National Park Service and Related Programs.

SUBCHAPTER II—VOLUNTEERS IN PARKS PROGRAM

§18g. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–357, §1, July 29, 1970, 84 Stat. 472; Pub. L. 98–540, §1(b), Oct. 24, 1984, 98 Stat. 2718, related to creation of volunteers in parks program. See section 102301(a) of Title 54, National Park Service and Related Programs.

§18h. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–357, §2, July 29, 1970, 84 Stat. 472, related to incidental expenses. See section 102301(b) of Title 54, National Park Service and Related Programs.

§18i. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–357, §3, July 29, 1970, 84 Stat. 472; Pub. L. 101–286, title II, §204(b), May 9, 1990, 104 Stat. 175, related to Federal employee status for volunteers. See section 102301(c) of Title 54, National Park Service and Related Programs.

§18j. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 91–357, §4, July 29, 1970, 84 Stat. 472; Pub. L. 94–128, Nov. 13, 1975, 89 Stat. 682; Pub. L. 98–540, §1(a), Oct. 24, 1984, 98 Stat. 2718; Pub. L. 104–333, div. I, title VIII, §805, Nov. 12, 1996, 110 Stat. 4188; Pub. L. 113–235, div. F, title I, §118, Dec. 16, 2014, 128 Stat. 2421, authorized appropriations. See section 102301(d) of Title 54, National Park Service and Related Programs.

SUBCHAPTER III—NATIONAL PARK FOUNDATION

§§19 to 19c. Repealed. Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656

Sections, act July 10, 1935, ch. 375, §§1–3, 5, 49 Stat. 477, 478, related to: creation of National Park Trust Fund Board, its composition, conduct of business, and compensation; authority to accept and administer gifts, disposition of income, and limitations thereof; succession, powers as trustee, and jurisdiction of suits; and exemption of gifts from taxation, respectively.

§19d. Repealed. Aug. 30, 1954, ch. 1076, §1(25), 68 Stat. 968

Section, act July 10, 1935, ch. 375, §6, 49 Stat. 478, required the National Park Trust Fund Board to submit an annual report to Congress of the moneys or securities received and held by it, and of its operations.

§19e. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §1, Dec. 18, 1967, 81 Stat. 656, provided congressional statement of purpose and established National Park Foundation. See section 101111 of Title 54, National Park Service and Related Programs.

§19f. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656, related to the Board of the National Park Foundation. See section 101112 of Title 54, National Park Service and Related Programs.

§19g. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §3, Dec. 18, 1967, 81 Stat. 656, related to gifts, devises, or bequests. See section 101113 of Title 54, National Park Service and Related Programs.

§19h. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §4, Dec. 18, 1967, 81 Stat. 656; Pub. L. 106–176, title III, §305, Mar. 10, 2000, 114 Stat. 33, related to property and income dealings and transactions. See section 101114 of Title 54, National Park Service and Related Programs.

§19i. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §5, Dec. 18, 1967, 81 Stat. 657, related to corporate succession and powers. See section 101115 of Title 54, National Park Service and Related Programs.

§19j. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §6, Dec. 18, 1967, 81 Stat. 657, related to authority for execution of contracts, instruments, and necessary or appropriate acts. See section 101116 of Title 54, National Park Service and Related Programs.

§19k. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §7, Dec. 18, 1967, 81 Stat. 657, related to bylaws, rules, and regulations and contracts for services. See section 101117 of Title 54, National Park Service and Related Programs.

§19l. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §8, Dec. 18, 1967, 81 Stat. 657, related to tax exemptions, contributions, gifts, and transfers. See section 101118 of Title 54, National Park Service and Related Programs.

§19m. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §9, Dec. 18, 1967, 81 Stat. 657, related to liability of United States. See section 101119 of Title 54, National Park Service and Related Programs.

§19n. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §10, Dec. 18, 1967, 81 Stat. 657, required the National Park Foundation to transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. Section had terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See also page 204 of House Document No. 103–7.

§19o. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 90–209, §11, as added Pub. L. 105–391, title VII, §701, Nov. 13, 1998, 112 Stat. 3520, related to promotion of local fundraising support. See section 101120 of Title 54, National Park Service and Related Programs.

SUBCHAPTER III–A—NATIONAL PARK SYSTEM VISITOR FACILITY

§§19aa to 19gg. Omitted

Codification

Sections 19aa to 19gg were omitted pursuant to section 19gg which provided that all authorities contained in this subchapter expired Sept. 30, 1989.

Section 19aa, Pub. L. 97–433, §2, Jan. 8, 1983, 96 Stat. 2277, defined terms for purposes of this subchapter.

Section 19bb, Pub. L. 97–433, §3, Jan. 8, 1983, 96 Stat. 2277, established in United States Treasury the National Park System Visitor Facilities Fund and provided for funds to be credited to that Fund.

Section 19cc, Pub. L. 97–433, §4, Jan. 8, 1983, 96 Stat. 2277, authorized appropriations to be made available to National Park Foundation to carry out its functions under this subchapter.

Section 19dd, Pub. L. 97–433, §5, Jan. 8, 1983, 96 Stat. 2278, related to administration of Fund projects and required Foundation to include in its annual report a description of projects undertaken and accomplishments made under this subchapter.

Section 19ee, Pub. L. 97–433, §6, Jan. 8, 1983, 96 Stat. 2278, related to authority of National Park Foundation.

Section 19ff, Pub. L. 97–433, §7, Jan. 8, 1983, 96 Stat. 2279, provided that nothing in this subchapter affect responsibilities of Secretary of the Interior under other provisions of law.

Section 19gg, Pub. L. 97–433, §8, Jan. 8, 1983, 96 Stat. 2279, provided that authorities contained in this subchapter expire Sept. 30, 1989, and that any moneys credited to Fund not appropriated, expended, or obligated be transferred to miscellaneous receipts of the Treasury.

Short Title

Section 1 of Pub. L. 97–433 provided that this subchapter be cited as the "National Park System Visitor Facilities Fund Act".

SUBCHAPTER III–B—PARK SYSTEM RESOURCE PROTECTION

§19jj. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–337, §1, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(1), (2), Nov. 12, 1996, 110 Stat. 4199, defined terms as used in this subchapter. See section 100721 of Title 54, National Park Service and Related Programs.

§19jj–1. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–337, §2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, §120(c), Mar. 10, 2000, 114 Stat. 29, related to liability. See section 100722 of Title 54, National Park Service and Related Programs.

§19jj–2. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–337, §3, July 27, 1990, 104 Stat. 380, related to actions. See section 100723 of Title 54, National Park Service and Related Programs.

§19jj–3. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–337, §4, July 27, 1990, 104 Stat. 380; Pub. L. 103–437, §6(d)(3), Nov. 2, 1994, 108 Stat. 4583, related to use of recovered amounts. See section 100724 of Title 54, National Park Service and Related Programs.

§19jj–4. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–337, §5, July 27, 1990, 104 Stat. 381, related to donations. See section 100725 of Title 54, National Park Service and Related Programs.

SUBCHAPTER IV—CONCESSIONS FOR ACCOMMODATIONS, FACILITIES, AND SERVICES IN AREAS ADMINISTERED BY NATIONAL PARK SERVICE

§§20 to 20g. Repealed. Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515

Section 20, Pub. L. 89–249, §1, Oct. 9, 1965, 79 Stat. 969, related to congressional findings and statement of purpose.

Section 20a, Pub. L. 89–249, §2, Oct. 9, 1965, 79 Stat. 969, related to authority of Secretary of the Interior to encourage concessioners.

Section 20b, Pub. L. 89–249, §3, Oct. 9, 1965, 79 Stat. 969, related to protection of concessioner's investment.

Section 20c, Pub. L. 89–249, §4, Oct. 9, 1965, 79 Stat. 970, related to new or additional services, preferential rights, and operations by a single concessioner.

Section 20d, Pub. L. 89–249, §5, Oct. 9, 1965, 79 Stat. 970, related to renewal preference for satisfactory performance, extensions, new contracts, and public notice.

Section 20e, Pub. L. 89–249, §6, Oct. 9, 1965, 79 Stat. 970, related to concessioner's possessory interest in concession property, limitations, compensation for taking, and determination of just compensation.

Section 20f, Pub. L. 89–249, §7, Oct. 9, 1965, 79 Stat. 971, related to use of non-monetary consideration in leases of government property.

Section 20g, Pub. L. 89–249, §9, Oct. 9, 1965, 79 Stat. 971, related to recordkeeping, audit and examination, and access to books and records.

Sections 20 to 20g were popularly known as the National Park System Concessions Policy Act.

SUBCHAPTER V—YELLOWSTONE NATIONAL PARK

§21. Establishment; boundaries; trespassers

The tract of land in the States of Montana and Wyoming, lying near the headwaters of the Yellowstone River and described as follows, to wit, commencing at the junction of Gardiner's River, with the Yellowstone River, and running east to the meridian passing ten miles to the eastward of the most eastern point of Yellowstone Lake; thence south along said meridian to the parallel of latitude passing ten miles south of the most southern point of Yellowstone Lake; thence west along said parallel to the meridian passing fifteen miles west of the most western point of Madison Lake; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner's Rivers; thence east to the place of beginning, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people; and all persons who locate, or settle upon, or occupy any part of the land thus set apart as a public park, except as provided in section 22 of this title, shall be considered trespassers and removed therefrom.

(R.S. §2474.)

Codification

R.S. §2474 derived from act Mar. 1, 1872, ch. 24, §1, 17 Stat. 32.

§21a. Revision of boundaries; contiguous national forests; jurisdiction of forests

The boundary of the Yellowstone National Park is changed so as to read as follows:

Beginning on the present north boundary line of Yellowstone National Park at its intersection with the hydrographic divide immediately north of Pebble Creek, approximately at park boundary monument 29 east; thence following said divide around the head of the drainage of Pebble Creek to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 54 north; thence southerly along said boundary line to its intersection with the hydrographic divide between Soda Butte and Cache Creeks, at a point near park boundary monument 51 north; thence easterly along said hydrographic divide to its intersection with the crest of the Absaroka Range; thence southerly along said crest to its intersection with the main hydrographic divide between Little Lamar River and the North Fork of Shoshone River, passing over Republic and Hoodoo Peaks; thence westerly along said divide passing over Notch Mountain to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 26 north; thence continuing westerly along said divide, now between the headwaters of Lamar River and Jones Creek; headwaters of Sedge, Bear, Cub, and Clear Creeks, and the headwaters of Jones and Crow Creeks, and between Crow Creek and Middle Creek, to its intersection with the present east boundary line of Yellowstone National Park, approximately at park boundary monument 18 north, passing over Pyramid and Cathedral Peaks, Mount Chittenden, and Avalanche Peak, thence southerly along said boundary line to its intersection with the hydrographic divide immediately south of Middle Creek, approximately at park boundary monument 15 north; thence westerly along said divide, now between a southern tributary of Middle Creek, headwaters of Beaverdam, Trappers, and Mountain Creeks, and the headwaters of Canfield and Eagle Creeks, to its intersection with the present east boundary line of Yellowstone National Park, at a point near park boundary monument 5 north, passing over Reservation and Atkins Peaks, Mount Schurz, Mount Humphreys, and Eagle Peak; and

Beginning on the present west boundary line of Yellowstone National Park at its intersection with the left bank of Gallatin River between park monuments 45 and 46 north; thence northwesterly along said bank to a point opposite the hydrographic divide between Daly and Tepee Creeks; thence northeasterly across the Gallatin River and along said divide, around the headwaters of Daly, Black Butte, Specimen, and Fan Creeks, to the intersection of said divide with the present north boundary line of Yellowstone National Park, at a point near park boundary monument 11 west.

All of those lands lying within the boundary lines above described and the present north, east, and west boundary lines are included in and made a part of the Yellowstone National Park; and all of those lands of the present Yellowstone National Park excluded from the park are included in and made a part of the contiguous national forests subject to all laws and regulations applicable to national forests, and upon acceptance thereof by appropriate action of the State, jurisdiction for all purposes whatsoever shall be, and is, ceded over the land excluded from the park to the State of Wyoming.

(Mar. 1, 1929, ch. 437, §1, 45 Stat. 1435; Apr. 19, 1930, ch. 190, 46 Stat. 220.)

Amendments

1930—Act Apr. 19, 1930, struck out "Provided, That whereas it is the purpose and intent of Congress to retain the areas hereby added to the park in its original wilderness character, therefore, no new roads shall be constructed and no hotels or permanent camps shall be authorized or permitted to be maintained on such lands".

§21b. Extension of certain laws to park

The provisions of the Act of March 1, 1872,1 reserving lands for park purposes, the Act of July 10, 1890,1 admitting the State of Wyoming into the Union, the Act of May 7, 1894, entitled "An Act to protect the birds and animals in the Yellowstone National Park and to punish crimes in said park, and for other purposes," 1 the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes," 1 and all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands added to the park: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to or extend over such lands.

(Mar. 1, 1929, ch. 437, §2, 45 Stat. 1436.)

References in Text

The Act of March 1, 1872, referred to in text, is act Mar. 1, 1872, ch. 24, 17 Stat. 32. That Act was incorporated into the Revised Statutes as R.S. §§2474 and 2475 which are classified to sections 21 and 22, respectively, of this title. For complete classification of this Act to the Code, see Tables.

The Act of July 10, 1890, referred to in text, is act July 10, 1890, ch. 664, 26 Stat. 222. The Act was classified to sections 481 and 490 of former Title 28, Judicial Code and Judiciary, which were repealed and reenacted in sections 501 and 541 of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, §§1, 39, 62 Stat. 869, 992. See section 541 of Title 28.

The Act of May 7, 1894, entitled "An Act to protect the birds and animals in the Yellowstone National Park and to punish crimes in said park, and for other purposes,", referred to in text, is act May 7, 1894, ch. 72, 28 Stat. 73, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

The Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes,", referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Federal Power Act, referred to in text, was in the original the "Act of June 10, 1920, entitled 'An Act to create a Federal Power Commission, to provide for the improvement of navigation, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes,' " and was redesignated the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

1 See References in Text note below.

§21c. Section 485 as extending to revised boundaries; lands acquired by exchange

The provisions of section 485 of this title shall continue to be applicable to the areas included within the Yellowstone National Park by section 21a of this title, and any lands within such areas acquired by exchange thereunder shall thereupon become a part of the Yellowstone National Park.

(Mar. 1, 1929, ch. 437, §3, 45 Stat. 1436.)

§21d. Existing claims, locations, and entries as affected by revised boundaries

Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral right of way, or any other purposes whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land.

(Mar. 1, 1929, ch. 437, §4, 45 Stat. 1436.)

References in Text

Herein, referred to in text, means act Mar. 1, 1929, which is classified to sections 21a to 21d of this title. For complete classification of this Act to the Code, see Tables.

§22. Control of park by Secretary of the Interior; removal of trespassers

The Yellowstone National 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 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 or spoliation, of all timber, mineral deposits, natural curiosities, or wonders, within the park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding ten years, of small parcels of ground, at such places in the park as may require the erection of buildings for the accommodation of visitors; all of the proceeds of such leases, and all other revenues that may be derived from any source connected with the park, to be expended under his direction in the management of the same, and the construction of roads and bridle-paths therein. He shall provide against the wanton destruction of the fish and game found within the park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same to be removed therefrom, and generally is authorized to take all such measures as may be necessary or proper to fully carry out the objects and purposes of this section.

(R.S. §2475.)

Codification

R.S. §2475 derived from act Mar. 1, 1872, ch. 24, §2, 17 Stat. 33.

§23. Detail of troops for protection of park

The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein.

(Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

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.

§24. Jurisdiction over park; fugitives from justice

The Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States. All the laws applicable to places under the sole and exclusive jurisdiction of the United States, shall have force and effect in said park. Nothing in this Act shall be construed to forbid the service in the park of any civil or criminal process of any court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Wyoming.

(May 7, 1894, ch. 72, §1, 28 Stat. 73.)

References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section 2 of act May 7, 1894, provided that the Yellowstone National Park should be part of the judicial district of Wyoming, and that the courts of the United States for the district should have jurisdiction of all offenses committed within the park. It was superseded by act Mar. 3, 1911, ch. 231, §115, 36 Stat. 1130, constituting the State of Wyoming and Yellowstone National Park the judicial district of Wyoming, that section being in turn superseded by act June 5, 1924, ch. 260, 43 Stat. 388. Provisions of that act are covered by section 131 of Title 28, Judiciary and Judicial Procedure.

Wyoming: Jurisdiction Over Park

The act admitting the State of Wyoming into the Union, act July 10, 1890, ch. 664, 26 Stat. 222, contained a proviso annexed to the description of the boundaries of the State, in section 2 of the act, as follows: "That nothing in this act contained shall repeal or affect any act of Congress relating to the Yellowstone National Park, or the reservation of the Park as now defined, or as may be hereafter defined or extended, or the power of the United States over it; and nothing contained in this act shall interfere with the right and ownership of the United States in said park and reservation as it now is or may hereafter be defined or extended by law; but exclusive legislation, in all cases whatsoever, shall be exercised by the United States, which shall have exclusive control and jurisdiction over the same; but nothing in this proviso contained shall be construed to prevent the service within said park of civil and criminal process lawfully issued by the authority of said State."

§25. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section, act May 7, 1894, ch. 72, §3, 28 Stat. 73, related to applicability of criminal laws. See section 13 of Title 18, Crimes and Criminal Procedure.

§26. Regulations for hunting and fishing in park; punishment for violations; forfeitures

All hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within the said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding $300. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.

All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

(May 7, 1894, ch. 72, §4, 28 Stat. 73; June 28, 1916, ch. 179, 39 Stat. 238.)

References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

§§27 to 29. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section 27, acts May 7, 1894, ch. 72, §5, 28 Stat. 74; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 28, 1938, ch. 778, §1, 52 Stat. 1213, related to jurisdiction and powers of commissioner [now magistrate judges]. See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure.

Section 28, act May 7, 1894, ch. 72, §6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28.

Section 29, acts May 7, 1894, ch. 72, §7, 28 Stat. 75; Apr. 17, 1900, ch. 192, §1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners [now magistrate judges], marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28.

§30. Jail building; office of magistrate judge

The Secretary of the Interior shall cause to be erected in Yellowstone National Park a suitable building to be used as a jail, and also having in said building an office for the use of the United States magistrate judge.

(May 7, 1894, ch. 72, §9, 28 Stat. 75; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Codification

Section 9 of the act of May 7, 1894, contained the added clause, "the cost of such building not to exceed five thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated upon certificate of the Secretary as a voucher therefor," which was superseded by the provisions contained in section 451 of this title.

Change of Name

"United States magistrate judge" substituted in text for "magistrate" pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

§30a. Existing laws as affected

This Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of the Army certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park.

(May 7, 1894, ch. 72, §10, 28 Stat. 75; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

Change 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.

§31. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section, act May 7, 1894, ch. 72, §8, 28 Stat. 75, related to payment of costs and expenses.

§32. Lease of lands within park

The Secretary of the Interior is authorized and empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yellowstone National Park, separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any one person, corporation, or company, in said park as the comfort and convenience of visitors may require for the construction and maintenance of substantial hotel buildings and buildings for the protection of stage, stock, and equipment.

Such lease or leases shall not include any of the geysers or any objects of curiosity or interest in said park, or exclude the public from free and convenient approach thereto, or include any ground within one-eighth of a mile of any of the geysers of the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park; nor shall such lease convey either expressly or by implication any exclusive privilege within the park, except on the premises held thereunder and for the time therein granted. Every lease made for any property of said park shall require the lessee to observe and obey each and every provision in any Act of Congress, every rule, order, or regulation made or which shall hereafter be made and published by the Secretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein under penalty of forfeiture of such lease, and shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior.

The provisions of this section are not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion.

(Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. 2570, 34 Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. 1219.)

Codification

The first paragraph of this section is from act June 4, 1906, as amended by act Mar. 2, 1907, which changed the authorized term of leasing from ten years to twenty years as set out above. It superseded earlier provisions covering similar matter contained in the first sentence of act Aug. 3, 1894.

The second paragraph of the section is from act Aug. 3, 1894, which contained a further proviso that "persons or corporations now holding leases of ground in the park may, upon the surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as the Secretary of the Interior may prescribe" which has been omitted as temporary and executed.

A further provision that "so much of that portion of the act of March third, eighteen hundred and eighty-three, relating to the Yellowstone Park as conflict with the act, be and the same is hereby, repealed" and the portion of the act March 3, 1883, referred to in such provision, have been omitted from the Code, the last named portion having been superseded by the Acts cited to text.

§33. Mortgages by lessees within the park

Any person, corporation, or company holding a lease within Yellowstone Park for the purposes described in section 32 of this title is authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the Secretary of the Interior, and such mortgages, together with the approval of the Secretary of the Interior may be filed for record in the office of the Secretary of the Interior, and when so recorded shall have all the effect of a public record. Any mortgage, lien, or encumbrance created under the provisions of this section shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor.

(June 4, 1906, ch. 2570, 34 Stat. 207.)

§34. Road extensions

Road extensions and improvements shall be made in the Yellowstone National Park under and in harmony with the general plan of roads and improvements to be approved by the Secretary of the Interior.

(July 1, 1918, ch. 113, §1, 40 Stat. 678.)

§35. Private use of electricity from lighting and power plant

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.

(Mar. 3, 1903, ch. 1007, §1, 32 Stat. 1130; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

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.

§36. Disposition of surplus elk, buffalo, bear, beaver, and predatory animals

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.

(Jan. 24, 1923, ch. 42, 42 Stat. 1214.)

§36a. Disposition of surplus elk

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.

(Mar. 4, 1929, ch. 707, 45 Stat. 1644.)

§37. Provision of feed and range facilities for game animals

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.

(May 26, 1926, ch. 399, §1, 44 Stat. 655.)

§38. Exchange for State or private lands authorized

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.

(May 26, 1926, ch. 399, §2, 44 Stat. 655; Pub. L. 86–509, §1(f), June 11, 1960, 74 Stat. 205.)

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.

§39. Reservation of timber, minerals, or easements by owners on exchange

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.

(May 26, 1926, ch. 399, §3, 44 Stat. 656.)

§40. Additions to park; entry under other acts

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.

(May 26, 1926, ch. 399, §6, 44 Stat. 656.)

References in Text

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, §4, Oct. 23, 1962, 76 Stat. 1157.

§40a. Educational facilities for dependents of employees; payments to school districts; limitation on amount

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.

(June 4, 1948, ch. 417, §1, 62 Stat. 338.)

§40b. Cooperative agreements with States or local agencies; expansion; Federal contributions

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.

(June 4, 1948, ch. 417, §2, 62 Stat. 339.)

§40c. Creation of special fund; expenditure

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.

(June 4, 1948, ch. 417, §3, 62 Stat. 339.)

SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS

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.

§41. Sequoia National Park; establishment; boundaries; trespassers

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.

(Sept. 25, 1890, ch. 926, §1, 26 Stat. 478.)

§42. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028

Section, act July 1, 1916, ch. 209, §1, 39 Stat. 308, related to donations of lands or rights-of-way.

§43. Sequoia National Park; rules and regulations; leases; fish and game; trespassers

Sequoia National 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 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. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding ten 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; 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 direction in the management of the same and the construction of roads and paths therein. 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 after the passage of this section and section 41 of this title 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.

(Sept. 25, 1890, ch. 926, §2, 26 Stat. 478.)

§§44, 45. Transferred

Codification

Section 44, act Oct. 1, 1890, ch. 1263, §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, §3, 26 Stat. 651, which related to additional forest reserves in California, was transferred to section 471d of this title.

§45a. Sequoia National Park; revision of boundaries

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.

(July 3, 1926, ch. 744, §1, 44 Stat. 818.)

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.

1 So in original. Probably should be "Fork".

§45a–1. Addition of lands authorized

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.

(Dec. 21, 1943, ch. 372, §1, 57 Stat. 606.)

Electric Power Development Permits

Pub. L. 99–338, June 19, 1986, 100 Stat. 641, as amended by Pub. L. 103–437, §6(d)(4), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 108–447, div. E, title I, §139(c), Dec. 8, 2004, 118 Stat. 3069, provided: "That the Secretary of the Interior is hereby authorized to issue a permit for ten years, and may issue not more than 3 renewals 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 of the United States House of Representatives.

"Sec. 3. The permit shall contain the following provisions:

"(1) A prohibition on expansion of the Kaweah Project in Sequoia National Park.

"(2) A requirement that an independent safety assessment of the Kaweah Project be conducted, and that any deficiencies identified as a result of the assessment would be corrected.

"(3) A requirement that the Secretary prepare and submit to Congress an update of the July 1983 report on the impact of the operations of the Kaweah No. 3 facility on Sequoia National Park.

"(4) A requirement that the permittee pay the park compensation as determined by the Secretary in consultation with the permittee.

"(5) Any other reasonable terms and conditions that the Secretary of the Interior deems necessary and proper for the management and care of Sequoia National Park and the purposes for which it was established.

"Sec. 4. The proceeds from any fees imposed pursuant to a permit issued under this Act shall be retained by Sequoia National Park and Kings Canyon National Park and shall be available, without further appropriation, for resources protection, maintenance, and other park operational needs."

Pub. L. 93–522, Dec. 14, 1974, 88 Stat. 1660, as amended by Pub. L. 95–625, title III, §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.

Act Dec. 21, 1943, ch. 372, §3, 57 Stat. 606, 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."

§45a–2. Exchange of certain lands for lands conveyed to United States

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.

(Dec. 21, 1943, ch. 372, §2, 57 Stat. 606.)

§45a–3. Repealed. Pub. L. 95–625, title III, §314(g), Nov. 10, 1978, 92 Stat. 3483

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.

§45b. Rules and regulations; leases; fish and game

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.

(July 3, 1926, ch. 744, §2, 44 Stat. 820.)

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.

§45c. Prior claims, locations, and entries; permits for use of natural resources

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.

(July 3, 1926, ch. 744, §3, 44 Stat. 820.)

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.

§45d. Exclusive privileges within park prohibited

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.

(July 3, 1926, ch. 744, §4, 44 Stat. 820.)

§45e. Violations of park regulations; penalty

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.

(July 3, 1926, ch. 744, §5, 44 Stat. 820.)

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.

§45f. Mineral King Valley addition authorized

(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. 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 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 the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. and following) 1 and sections 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 to their heirs, successors, and assigns, 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.

(Pub. L. 95–625, title III, §314, Nov. 10, 1978, 92 Stat. 3479; Pub. L. 103–437, §6(d)(5), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 108–447, div. E, title I, §139(b), Dec. 8, 2004, 118 Stat. 3068.)

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.

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. and following), referred to in subsec. (d)(1), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

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.

Amendments

2004—Subsec. (c)(2). Pub. L. 108–447, §139(b)(1), struck out second sentence which read as follows: "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."

Subsec. (d)(2)(B). Pub. L. 108–447, §139(b)(2), inserted "and to their heirs, successors, and assigns" after "of record on November 10, 1978," in third sentence.

1994—Subsec. (b)(1). Pub. L. 103–437 substituted "Natural Resources" for "Interior and Insular Affairs" after "Committee on".

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

"Secretary" Defined

Pub. L. 95–625, §2, Nov. 10, 1978, 92 Stat. 3470, provided that: "As used in this Act [see Tables for classification], except as otherwise specifically provided, the term 'Secretary' means the Secretary of the Interior."

1 See References in Text note below.

§45g. Addition to Sequoia National Park

(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.

(Pub. L. 106–574, §1, Dec. 28, 2000, 114 Stat. 3062.)

§46. Yosemite National Park; lands segregated from and included in Sierra National Forest; rights-of-way over

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 the Act approved February fifteenth, nineteen hundred and one,1 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."

(Feb. 7, 1905, ch. 547, §1, 33 Stat. 702; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

References in Text

The Act approved February fifteenth, nineteen hundred and one, referred to in text, is act Feb. 15, 1901, ch. 372, 31 Stat. 790, which is classified to section 959 of Title 43, Public Lands. The Act, insofar as it related to National Park System units, was repealed and restated as section 100902(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

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.

Additions to Yosemite National Park

The following provisions authorized the addition of lands to Yosemite National Park:

Pub. L. 98–425, title I, §105(a)(2), (d), Sept. 28, 1984, 98 Stat. 1626.

1 See References in Text note below.

§47. Additional lands excluded from Yosemite National Park and added to Sierra National Forest

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 the Act approved February fifteenth, nineteen hundred and one,1 relating to rights of way over certain parks, reservations, and other lands, and other sections concerning rights 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.

(June 11, 1906, No. 27, §1, 34 Stat. 831; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

References in Text

The Act approved February fifteenth, nineteen hundred and one, referred to in text, is act Feb. 15, 1901, ch. 372, 31 Stat. 790, which is classified to section 959 of Title 43, Public Lands. The Act, insofar as it related to National Park System units, was repealed and restated as section 100902(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

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.

1 See References in Text note below.

§47–1. Administrative site for Yosemite National Park

(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 the Act of August 25, 1916 (39 Stat. 535), as amended (45 Stat. 235, 16 U.S.C., 1952 edition, sec. 3).1

(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.

(Pub. L. 85–922, §§1–6, Sept. 2, 1958, 72 Stat. 1772.)

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.

Section 3 of the Act of August 25, 1916 (39 Stat. 535), as amended (45 Stat. 235, 16 U.S.C., 1952 edition, sec. 3), referred to in subsec. (e), is section 3 of act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 3 of this title. Section 3 of the Act was repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272.

Codification

Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of Pub. L. 85–922.

Land Exchange, El Portal Administrative Site, California

Pub. L. 105–363, §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.

1 See References in Text note below.

§47–2. Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site

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.

(Pub. L. 90–409, §1, July 21, 1968, 82 Stat. 393; Pub. L. 99–542, §1(1)–(3), Oct. 27, 1986, 100 Stat. 3037.)

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.

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

Pub. L. 99–542, §2, Oct. 27, 1986, 100 Stat. 3038, 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]."

§47–3. Use of proceeds; administration of leases

(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.

(Pub. L. 90–409, §2, as added Pub. L. 99–542, §1(4), Oct. 27, 1986, 100 Stat. 3037.)

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.

§47–4. Agreements to effectuate leases

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.

(Pub. L. 90–409, §3, formerly §2, July 21, 1968, 82 Stat. 393; renumbered §3, Pub. L. 99–542, §1(4), Oct. 27, 1986, 100 Stat. 3037.)

Codification

Section was classified to section 47–2(b) of this title prior to renumbering by Pub. L. 99–542.

§47–5. Regulations

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.

(Pub. L. 90–409, §4, as added Pub. L. 99–542, §1(5), Oct. 27, 1986, 100 Stat. 3038; amended Pub. L. 103–437, §6(d)(6), Nov. 2, 1994, 108 Stat. 4583.)

Amendments

1994—Pub. L. 103–437 substituted "Natural Resources" for "Interior and Insular Affairs" after "Committee on".

§47–6. Conflicts of interest prohibited

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.

(Pub. L. 90–409, §5, as added Pub. L. 99–542, §1(5), Oct. 27, 1986, 100 Stat. 3038.)

1 So in original. Probably should be "of".

§47a. Addition of certain lands to park authorized

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.

(May 9, 1930, ch. 234, §1, 46 Stat. 265.)

§47b. Inapplicability of certain laws to lands acquired under section 47a

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.

(May 9, 1930, ch. 234, §2, 46 Stat. 265.)

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 (§791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

§47c. Acquisition of certain lands for preservation and consolidation of timber stands

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.

(Mar. 2, 1929, ch. 498, 45 Stat. 1486.)

§47d. Acquisition of certain lands for protection of park deer

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.

(May 28, 1928, ch. 817, 45 Stat. 787.)

§47e. Purchase of private lands for park authorized

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.

(July 9, 1937, ch. 469, §§1, 2, 50 Stat. 485, 486.)

Codification

"Section 3113 of title 40" substituted in text for "the Act of August 1, 1888" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

1 So in original.

§47f. Inapplicability of certain laws to lands acquired under section 47e

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.

(July 9, 1937, ch. 469, §3, 50 Stat. 486.)

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 (§791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

§48. Yosemite Valley and Mariposa Big Tree Grove reserved and made part of Yosemite National Park

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 Mariposa Big Tree Grove and the south boundary of the Yosemite 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.

(June 30, 1864, ch. 184, §§1, 2, 13 Stat. 325; June 11, 1906, No. 27, §1, 34 Stat. 831.)

§49. Rights of claimants and owners of lands included; laws and regulations applicable within park

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.

(Feb. 7, 1905, ch. 547, §2, 33 Stat. 703; June 11, 1906, No. 27, §2, 34 Stat. 832; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

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.

§50. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028

Section, Joint Res. June 11, 1906, No. 27, §3, 34 Stat. 832, related to disposition of revenues from privileges.

§51. Yosemite National Park; exchange of privately owned lands in park

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.

(Apr. 9, 1912, ch. 74, §1, 37 Stat. 80; Apr. 16, 1914, ch. 58, 38 Stat. 345.)

§52. Values of lands and timber to be exchanged; lands added to park

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.

(Apr. 9, 1912, ch. 74, §2, 37 Stat. 80.)

§53. Cutting and removal of timber

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.

(Apr. 9, 1912, ch. 74, §3, 37 Stat. 81.)

§54. Sale of matured, dead, or down timber

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.

(Apr. 9, 1912, ch. 74, §4, 37 Stat. 81.)

§55. Leases of land in park; mortgages by lessees

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.

(Oct. 1, 1890, ch. 1263, §2, 26 Stat. 651; July 23, 1914, ch. 206, 38 Stat. 554; June 12, 1917, ch. 27, §1, 40 Stat. 153.)

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.

§56. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1028

Section, act July 1, 1916, ch. 209, §1, 39 Stat. 308, related to donations of lands or rights-of-way.

§57. Yosemite, Sequoia, and General Grant National Parks; exclusive jurisdiction of United States; jurisdiction remaining in and taxation by California

Sole and exclusive jurisdiction is assumed by the United States over the territory embraced and included within the Yosemite National Park, Sequoia National Park, and General Grant 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.

(June 2, 1920, ch. 218, §1, 41 Stat. 731.)

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.

General Grant National Park Abolished

Act Mar. 4, 1940, ch. 40, §2, 54 Stat. 43, 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.

§58. Laws applicable; fugitives from justice

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.

(June 2, 1920, ch. 218, §1, 41 Stat. 731.)

§59. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section, acts June 2, 1920, ch. 218, §4, 41 Stat. 731; Mar. 4, 1940, ch. 40, §2, 54 Stat. 43, related to offenses punishable by State laws. See section 13 of Title 18, Crimes and Criminal Procedure.

§60. Hunting or fishing prohibited

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.

(June 2, 1920, ch. 218, §5, 41 Stat. 731.)

§61. Rules and regulations in parks

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 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.

(Oct. 1, 1890, ch. 1263, §2, 26 Stat. 651; June 2, 1920, ch. 218, §5, 41 Stat. 732.)

Codification

The first sentence of this section was from section 5 of the act of June 2, 1920.

The last sentence of this section is from section 2 of act Oct. 1, 1890.

§62. Possession of dead bodies of birds or animals

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.

(June 2, 1920, ch. 218, §5, 41 Stat. 732.)

§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

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 the Act of Congress approved August 25, 1916 (Thirty-ninth Statutes, page 535), entitled "An Act to establish a National Park Service, and for other purposes".1

(June 2, 1920, ch. 218, §5, 41 Stat. 732.)

References in Text

Section 3 of the Act of Congress approved August 25, 1916 (Thirty-ninth Statutes, page 535), entitled "An Act to establish a National Park Service, and for other purposes", referred to in text, is section 3 of act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 3 of this title. Section 3 of the Act was repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272.

1 See References in Text note below.

§64. Sale or disposal of timber; destruction of detrimental animal or plant life

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 the said Act approved August 25, 1916,1 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 2 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.

(June 2, 1920, ch. 218, §5, 41 Stat. 732.)

References in Text

Said section 3 of the said Act approved August 25, 1916, referred to in text, is section 3 of act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 3 of this title. Section 3 of the Act was repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272.

1 See References in Text note below.

2 So in original. Probably should be "plant".

§65. Seizure and forfeiture of guns, traps, teams, horses, etc.

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.

(June 2, 1920, ch. 218, §6, 41 Stat. 733.)

§§66 to 77. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section 66, acts June 2, 1920, ch. 218, §§7, 8, 41 Stat. 733; Mar. 4, 1940, ch. 40, §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, §§7, 8, 41 Stat. 733, related to power of commissioners [now magistrate judges] to make arrests.

Section 68, act June 2, 1920, ch. 218, §§7, 8, 41 Stat. 733, related to appeal from conviction by commissioner [now magistrate judge].

Section 69, act June 2, 1920, ch. 218, §11, 41 Stat. 734, related to residence of commissioners [now magistrate judges].

Section 70, act June 2, 1920, ch. 218, §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, §10, 41 Stat. 734; Mar. 4, 1940, ch. 40, §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, §11, 41 Stat. 734; Mar. 4, 1940, ch. 40, §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, §11, 41 Stat. 734, related to fees and costs.

Section 74, act June 2, 1920, ch. 218, §13, 41 Stat. 734, related to disposition of fines and costs.

Section 75, act June 2, 1920, ch. 218, §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, §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, §3, 41 Stat. 731; Mar. 4, 1940, ch. 40, §2, 54 Stat. 43, related to inclusion of Sequoia National Park within a judicial district. See section 84 of Title 28.

§78. Detail of troops to Sequoia, Yosemite, and General Grant Parks

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, the Yosemite National Park, and the General Grant 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.

(June 6, 1900, ch. 791, §1, 31 Stat. 618; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

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.

General Grant National Park Abolished

Act Mar. 4, 1940, ch. 40, §2, 54 Stat. 43, 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.

§79. Omitted

Codification

Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, which authorized the Secretary of the Interior 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 various public utility purposes, was omitted in view of the repeal of its provisions by Pub. L. 94–579 as they relate to public lands and lands in the National Forest System and by Pub. L. 113–287 as they relate to National Park System units. See section 100902(a) of Title 54, National Park Service and Related Programs. Act Feb. 15, 1901, is also classified to section 959 of Title 43, Public Lands, and was also classified to section 522 of this title prior to its omission from the Code. Section was formerly classified to section 419 of this title.

§79–1. Yosemite National Park; expansion of reservoir capacity

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.

(Pub. L. 100–563, §6, Oct. 31, 1988, 102 Stat. 2830.)

SUBCHAPTER VII—REDWOOD NATIONAL PARK

§79a. Establishment; statement of purposes

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.

(Pub. L. 90–545, §1, Oct. 2, 1968, 82 Stat. 931.)

Short Title of 2005 Amendment

Pub. L. 109–131, title III, §301, Dec. 20, 2005, 119 Stat. 2569, provided that: "This title [amending section 79b of this title] may be cited as the 'Redwood National Park Boundary Adjustment Act of 2005'."

Thomas H. Kuchel Visitor Center

Pub. L. 105–277, div. A, §101(e) [title I, §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'."

§79b. Park area

(a) Boundaries; maps; maximum acreage

(1) The Redwood National Park consists of the land generally depicted on the map entitled "Redwood National Park, Revised Boundary", numbered 167/60502, and dated February, 2003.

(2) The map referred to in paragraph (1) shall be—

(A) on file and available for public inspection in the appropriate offices of the National Park Service; and

(B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California.


(3) The Secretary; 1 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 133,000 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 2 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. 2743) [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.

(Pub. L. 90–545, §2, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95–250, title I, §101(a)(1), (2), Mar. 27, 1978, 92 Stat. 163; Pub. L. 103–437, §6(d)(7), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 109–131, title III, §302, Dec. 20, 2005, 119 Stat. 2569.)

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 (§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.

Amendments

2005—Subsec. (a). Pub. L. 109–131 designated existing provisions of first sentence as par. (1), in par. (1) substituted "The Redwood National Park consists of the land generally depicted on the map entitled 'Redwood National Park, Revised Boundary', numbered 167/60502, and dated February, 2003." for "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.", added par. (2), designated existing provisions of second sentence as par. (3), and in par. (3) substituted "The Secretary;" for "The Secretary" and "133,000 acres" for "one hundred and six thousand acres".

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, §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, §101(a)(2), struck out "by donation only" after "The Secretary is authorized to acquire".

Subsec. (c). Pub. L. 95–250, §101(a)(2), added subsec. (c).

1 So in original. The semicolon probably should not appear.

2 So in original. Probably should be "patrolling".

§79c. Acquisition of land

(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) 1 of the Land and Water Conservation Fund Act of 1965, as amended, 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 to carry out the purposes of this subchapter, and may compensate the former owner for no more than the fair market value of the rights so reserved, except that the Secretary may not revest title to any property for which just compensation has been paid; or, the Secretary may sell at fair market value without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 such down timber as in his judgment may be removed without damage to the park, the proceeds from such sales being credited to the Treasury of the United States. If the State of California designates a right-of-way for a bypass highway around the eastern boundary of Prairie Creek Redwood State Park prior to October 1, 1984, the Secretary is authorized and directed to acquire such lands or interests in lands as may be necessary for such a highway and, subject to such conditions as the Secretary may determine are necessary to assure the adequate protection of Redwood National Park, shall thereupon donate the designated right-of-way to the State of California for a new bypass highway from a point south of Prairie Creek Redwood State Park through the drainage of May Creek and Boyes Creek to extend along the eastern boundary of Prairie Creek Redwood State Park within Humboldt County. Such acreage as may be necessary in the judgment of the Secretary for this conveyance, and for a buffer thereof, shall be deemed to be a publicly owned highway for purposes of section 79b(a) of this title effective on March 27, 1978.

(3) This subsection shall apply to ownerships of fifty acres or less only if such ownerships are held or occupied primarily for nonresidential or nonagricultural purposes, and if the Secretary gives notice to the owner within sixty days after October 2, 1968, of the application of this subsection. Notice by the Secretary shall be deemed to have been made as of October 2, 1968. The district court of the United States for that district in which such ownerships are located shall have jurisdiction to hear and determine any action brought by any person having an interest therein for damages occurring by reason of the temporary application of this paragraph, between October 2, 1968, and the date upon which the Secretary gives such notice. Nothing in this paragraph shall be construed as affecting the authority of the Secretary under subsections (a) and (c) of this section to acquire such areas for the purposes of this subchapter.

(c) Minimization of severance damages; costs not chargeable against appropriations authorization

If any individual tract or parcel of land acquired is partly inside and partly outside the boundaries of the park or the administrative site the Secretary may, in order to minimize the payment of severance damages, acquire the whole of the tract or parcel and exchange that part of it which is outside the boundaries for land or interests in land inside the boundaries or for other land or interests in land acquired pursuant to this subchapter, and dispose of so much thereof as is not so utilized in accordance with the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. The cost of any land so acquired and disposed of shall not be charged against the limitation on authorized appropriations contained in section 79j of this title.

(d) Lands for screen of trees along certain highway

The Secretary is further authorized to acquire, as provided in subsection (a) of this section, lands and interests in land bordering both sides of the highway between the present southern boundary of Prairie Creek Redwood State Park and a point on Redwood Creek near the town of Orick to a depth sufficient to maintain or to restore a screen of trees between the highway and the land behind the screen and the activities conducted thereon.

(e) Timber, soil, and stream protection; "interests in land" defined; notice to Congress of intended action, costs, and benefits requisite for acquisitions, contracts, or cooperative agreements; availability of funds; authorization of appropriations; rehabilitative activities

In order to afford as full protection as is reasonably possible to the timber, soil, and streams within the boundaries of the park, the Secretary is authorized, by any of the means set out in subsections (a) and (c) of this section, to acquire interests in land from, and to enter into contracts and cooperative agreements with, the owners of land on the periphery of the park and on watersheds tributary to streams within the park designed to assure that the consequences of forestry management, timbering, land use, and soil conservation practices conducted thereon, or of the lack of such practices, will not adversely affect the timber, soil, and streams within the park as aforesaid. As used in this subsection, the term "interests in land" does not include fee title unless the Secretary finds that the cost of a necessary less-than-fee interest would be disproportionately high as compared with the estimated cost of the fee. No acquisition other than by donation shall be effectuated and no contract or cooperative agreement shall be executed by the Secretary pursuant to the provisions of this subsection until after he has notified the President of the Senate and the Speaker of the House of Representatives of his intended action and of the costs and benefits to the United States involved therein. Effective on March 27, 1978, there are made available from the amounts provided in section 79j of this title or as may be hereafter provided such sums as may be necessary for the acquisition of interests in land. Effective on October 1, 1978, there are authorized to be appropriated such sums as may be necessary for the implementation of contracts and cooperative agreements pursuant to this subsection: Provided, That it is the express intent of Congress that the Secretary shall to the greatest degree possible insure that such contracts and cooperative agreements provide for the maximum retention of senior employees by such owners and for their utilization in rehabilitation and other efforts. The Secretary, in consultation with the Secretary of Agriculture, is further authorized, pursuant to contract or cooperative agreement with agencies of the Federal Executive, the State of California, any political or governmental subdivision thereof, any corporation, not-for-profit corporation, private entity or person, to initiate, provide funds, equipment, and personnel for the development and implementation of a program for the rehabilitation of areas within and upstream from the park contributing significant sedimentation because of past logging disturbances and road conditions, and, to the extent feasible, to reduce risk of damage to streamside areas adjacent to Redwood Creek and for other reasons: Provided further, That authority to make payments under this subsection shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. Such contracts or cooperative agreements shall be subject to such other conditions as the Secretary may determine necessary to assure the adequate protection of Redwood National Park generally, and to provide employment opportunities to those individuals affected by this taking and to contribute to the economic revival of Del Norte and Humboldt Counties in northern California. The Secretary shall undertake and publish studies on erosion and sedimentation originating within the hydrographic basin of Redwood Creek with particular effort to identify sources and causes, including differentiation between natural and man-aggravated conditions, and shall adapt his general management plan to benefit from the results of such studies. The Secretary, or the Secretary of Agriculture, where appropriate, shall also manage any additional Federal lands under his jurisdiction that are within the hydrographic basin of Redwood Creek in a manner which will minimize sedimentation which could affect the park, and in coordination with plans for sediment management within the basin. To effectuate the provisions of this subsection, and to further develop scientific and professional information and data concerning the Redwood Forest ecosystem, and the various factors that may affect it, the Secretary may authorize access to the area subject to this subsection by designated representatives of the United States.

(Pub. L. 90–545, §3, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95–250, title I, §101(a)(3)–(6), Mar. 27, 1978, 92 Stat. 163–165.)

References in Text

Section 4(b) of the Land and Water Conservation Fund Act of 1965, referred to in subsec. (b)(2), probably means section 5(b), formerly section 4(b), of Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 900, which was classified to section 460l–7(b) of this title and which related to advance appropriations. Section 5(b) was repealed by Pub. L. 94–422, title I, §101(2), Sept. 28, 1976, 90 Stat. 1314. The remainder of section 5 was repealed and restated as section 200304 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

Section 79b(a) of this title, referred to in subsec. (b)(2), was in the original "section 101(a)(2) of this amendment", meaning section 101(a)(2) of Pub. L. 95–250, which amended section 79b(a) of this title.

Codification

"Section 3114(a)–(d) of title 40" substituted in subsec. (b)(2) for "section 258a of title 40, United States Code" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

In subsec. (b)(2), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949, as amended," on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (c), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (40 U.S.C. 471 et seq.)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1978—Subsec. (a). Pub. L. 95–250, §101(a)(3), inserted provisions authorizing the Secretary to accept donations of lands owned by the State of California subject to such preexisting reverters and other conditions as may appear in the title to those lands and such other reverters and conditions as may be consistent with the use and management of the donated lands as a portion of the Redwood National Park and further authorizing the Secretary to expend appropriated funds for permanent improvements on the donated lands in a manner not inconsistent with the reverters and other conditions.

Subsec. (b)(1). Pub. L. 95–250, §101(a)(4), expanded existing provisions, effective Mar. 27, 1978, by inserting references to the vesting in the United States of all right, title, and interest in, and right to immediate possession of, all real property, and to immediate possession of down tree personal 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 inserted two unlettered paragraphs relating, respectively, to the removal of down tree personal property and to the continued access and use of acquired roads.

Subsec. (b)(2). Pub. L. 95–250, §101(a)(5), struck out provision for the bringing of actions in the Court of Claims, as provided in section 1491 of title 28, against the United States for the recovery of just compensation for the land and interests therein taken by the United States and inserted provisions directing that such actions, as well as actions for down tree personal property taken, be brought in the United States district court for the district where the land is located without regard to the amount claimed, authorizing the United States to initiate proceedings to determine just compensation and to deposit the estimated just compensation in the registry of the court, making provision for the revestment of title in cases where the Secretary determines that fee simple title is not necessary, and otherwise relating to the right-of-way for a new bypass highway.

Subsec. (e). Pub. L. 95–250, §101(a)(6), substituted "until after he has notified the President of the Senate" for "until sixty days after he has notified the President of the Senate" in existing provisions and inserted provisions relating to the availability of funds for the acquisition of interests in land, the implementation of contracts and cooperative agreements pursuant to this subsection, and rehabilitative activities generally designed to minimize erosion and sedimentation in ways designed to assure adequate protection for Redwood National Park, contribute to the economic revival of Del Norte and Humboldt Counties in northern California, and provide employment opportunities to individuals affected by taking of land and interests in land.

1 See References in Text note below.

§79c–1. Vesting in United States of all right, title, etc., in real property and down tree personal property in additional lands; effective date; authorization of appropriations

Notwithstanding any provision of this subchapter the vesting in the United States of all right, title, and interest in, and the right to immediate possession of, all real property and all down tree personal 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, as established by section 79c(b)(1) of this title, shall be effective on March 27, 1978. The provisions of section 79c(b)(3) of this title shall also relate to the effective date of this section. From the appropriations authorized for fiscal year 1978 and succeeding fiscal years such sums as may be necessary may be expended for the acquisition of lands and interests in lands, and down tree personal property, authorized to be acquired, or acquired, pursuant to the provisions of this Act.

(Pub. L. 95–250, title I, §101(c), Mar. 27, 1978, 92 Stat. 166.)

References in Text

Section 79c(b)(1) of this title, referred to in text, was in the original "subsection (a)(4) of the first section of this Act", meaning section 101(a)(4) of Pub. L. 95–250, which amended section 79c(b)(1) of this title.

This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1 and 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

The effective date of this section, referred to in text, probably means the date of enactment of section 101 of Pub. L. 95–250, which was approved Mar. 27, 1978.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

§79d. Acquisition of lands

(a) Owner's retention of right of use and occupancy for noncommercial residential purposes for fixed term of years or for life; election of term; fair market value; termination of use and occupancy inconsistent with stated purpose and upon payment of sum for unexpired right

The owner of improved property on the date of its acquisition by the Secretary under this subchapter may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition minus the fair market value on that date of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purpose of this subchapter, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired.

(b) "Improved property" defined

The term "improved property", as used in this section, means a detached, noncommercial residential dwelling, the construction of which was begun before October 9, 1967, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

(c) Sale or lease of certain realty to former owner; conditions and restrictions

The Secretary shall have, with respect to any real property acquired by him in sections 5 and 8, township 13 north, range 1 east, Humboldt meridian, authority to sell or lease the same to the former owner under such conditions and restrictions as will assure that it is not utilized in a manner or for purposes inconsistent with the national park.

(Pub. L. 90–545, §4, Oct. 2, 1968, 82 Stat. 933.)

§79e. Exchange of property; cash equalization payments; commercial operations, minimum economic dislocation and disruption

In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the park, and outside of such boundaries within the limits prescribed in this subchapter. Notwithstanding any other provision of law, the Secretary may acquire such property from the grantor by exchange for any federally owned property under the jurisdiction of the Bureau of Land Management in California, except property needed for public use and management, which he classifies as suitable for exchange or other disposal, or any federally owned property he may designate within the Northern Redwood Purchase Unit in Del Norte County, California, except that section known and designated as the Yurok Experimental Forest, consisting of approximately nine hundred and thirty-five acres. Such federally owned property shall also be available for use by the Secretary in lieu of, or together with, cash in payment of just compensation for any real property taken pursuant to section 79c(b) of this title. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the value shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Through the exercise of his exchange authority, the Secretary shall, to the extent possible, minimize economic dislocation and the disruption of the grantor's commercial operations.

(Pub. L. 90–545, §5, Oct. 2, 1968, 82 Stat. 933.)

§79f. Transfer of property from Federal agency to administrative jurisdiction of Secretary

Notwithstanding any other provision of law, any Federal property located within any of the areas described in sections 79b and 79c of this title may, with the concurrence of the head of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this subchapter.

(Pub. L. 90–545, §6, Oct. 2, 1968, 82 Stat. 934.)

§79g. Contract authorization within prescribed cost limits; installments: duration, interest; provisions for payment of judgments and compromise settlements applicable to judgments against United States

(a) Notwithstanding any other provision of law, the Secretary shall have the same authority with respect to contracts for the acquisition of land and interests in land for the purposes of this subchapter as was given the Secretary of the Treasury for other land acquisitions by section 3171 of title 40, and the Secretary and the owner of land to be acquired under this subchapter may agree that the purchase price will be paid in periodic installments over a period that does not exceed ten years, with interest on the unpaid balance thereof at a rate which is not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities on the installments.

(b) Judgments against the United States, including final partial judgments and compromise settlements of claims referred to the Attorney General for defense of suits against the United States, for amounts in excess of the deposit in court in actions under section 79c of this title shall be paid in accordance with the provisions of section 1304 of title 31, and section 2414 of title 28. Final partial judgments and compromise settlements are payable only after certification by the Attorney General to the Comptroller General that it is in the interest of the United States to do so.

(Pub. L. 90–545, §7, Oct. 2, 1968, 82 Stat. 934; Pub. L. 99–151, title II, §203, Nov. 13, 1985, 99 Stat. 807.)

Codification

"Section 3171 of title 40" substituted in subsec. (a) for "section 34 of the Act of May 30, 1908 (35 Stat. 545; 40 U.S.C. 261)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1985—Subsec. (b). Pub. L. 99–151, in amending subsec. (b) generally, inserted provisions relating to final partial judgments and compromise settlements, substituted reference to actions under section 79c of this title for reference to condemnation actions, and deleted reference to section 2517 of title 28.

§79h. Memorial groves named for benefactors

The present practice of the California Department of Parks and Recreation of maintaining memorial groves of redwood trees named for benefactors of the State redwood parks shall be continued by the Secretary in the Redwood National Park.

(Pub. L. 90–545, §8, Oct. 2, 1968, 82 Stat. 934.)

§79i. Administration

The Secretary shall administer the Redwood National Park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1–4),1 as amended and supplemented.

(Pub. L. 90–545, §9, Oct. 2, 1968, 82 Stat. 934.)

References in Text

The Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.

§79j. Authorization of appropriations

There are hereby authorized to be appropriated $92,000,000 for land acquisition to carry out the provisions of this subchapter.

(Pub. L. 90–545, §10, Oct. 2, 1968, 82 Stat. 934.)

§79k. Mitigation of adverse economic impacts to local economy resulting from additional lands; analysis of Federal actions necessary or desirable; consultations and considerations by Secretaries concerned; reports to Congress; implementation of programs; funding requirements

(a) The Secretary, in consultation with the Secretaries of Agriculture, Commerce, and Labor, shall conduct an analysis of appropriate Federal actions that may be necessary or desirable to mitigate any adverse economic impacts to public and private segments of the local economy, other than the owners of properties taken by this Act, as a result of the addition of property to Redwood National Park under sections 79b and 79c of this title. The Secretaries shall also consider the benefits of making grants or entering into contracts or cooperative agreements with the State of California or Del Norte and Humboldt Counties as provided by subsection (b) of this section for the purpose of development and implementation of a program of forest resource improvement and utilization, including, but not limited to, reforestation, erosion control, and other forest land conservation measures, fisheries and fish and wildlife habitat improvements, and wood energy facilities. Not later than January 1, 1979, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a report of his analysis, including his recommendations with respect to actions that should be taken to mitigate any significant short-term and long-term adverse effects on the local economy caused by such addition.

(b) The Secretary of Commerce and the Secretary of Labor, in consultation with the Secretary, and pursuant to his study, shall apply such existing programs as are necessary and appropriate to further mitigate identified employment and other adverse economic impacts on public and private segments of the local economy, other than with regard to the payment of just compensation to the owners of properties taken by this Act and by this subchapter. In addition to the land rehabilitation and employment provisions of this Act, which should have a substantial positive economic effect on the local economy, the Secretaries of Commerce and Labor are further authorized and directed to implement existing authorities to establish employment programs, pursuant to such grants, contracts and cooperative agreements with agencies of the Federal Executive, the State of California, any political or governmental subdivision thereof, any corporation, not-for-profit corporation, private entity or person, for the development and implementation of such programs, as, in the discretion of the Secretaries of Commerce and Labor, may be necessary to provide employment opportunities to those individuals affected by this taking and to contribute to the economic revival of Del Norte and Humboldt Counties, in northern California. Effective on October 1, 1978, there are authorized such sums as may be necessary to carry out the employment and economic mitigation provisions of this Act: Provided, That the authority to make payments under this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.

(Pub. L. 95–250, title I, §102(a), (b), Mar. 27, 1978, 92 Stat. 166, 167.)

References in Text

This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

Sections 79b and 79c of this title, referred to in subsec. (a), was in the original "the first section of this Act", meaning section 101 of Pub. L. 95–250. Provisions of section 101 relating to the addition of property to Redwood National Park are classified to sections 79b and 79c of this title.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

Study of Timber Harvest Scheduling Alternatives for Six Rivers National Forest; Scope; Report to Congress

Pub. L. 95–250, title I, §102(c), Mar. 27, 1978, 92 Stat. 167, directed Secretary of Agriculture, within one year after Mar. 27, 1978, to prepare and transmit to Congress a study of timber harvest scheduling alternatives for Six Rivers National Forest, which alternatives were to exclude timber inventories standing on units of Wilderness Preservation System at time of study and were to be consistent with laws applicable to management of national forests.

Reference to Secretary as Reference to Secretary of Department of the Interior; Exception

Pub. L. 95–250, title I, §109, Mar. 27, 1978, 92 Stat. 172, provided that: "Unless otherwise indicated hereinbefore, a reference to the Secretary will refer to the Secretary of the Department of the Interior, except in subsections 103(d) through 103(i) [section 79l(d) to (i) of this title], where a reference to the Secretary will refer to the Secretary of the Department of Labor."

§79l. Employment of personnel for rehabilitation, protection, and improvements of additional lands

(a) Appointment and compensation of personnel for implementation of protection and enhancement programs

In order to utilize the skills of individuals presently working in the woods and in the mills to the greatest degree possible to both ease the personal economic effects of this taking, and to assist in the necessary rehabilitation, protection, and improvement of lands acquired by this Act through implementation of sound rehabilitation and land use practices, the Secretary shall have power to appoint and fix the compensation of seven full-time and thirty-one temporary personnel to assist in carrying out such programs necessary for the protection and enhancement of Redwood National Park.

(b) Appointment and compensation of personnel for administration of expanded Park; appointment, etc., of additional personnel

In order to effectively administer the expanded Redwood National Park created by this Act in a manner that will provide maximum protection to its resources and to provide for maximum visitor use and enjoyment to ease the local economic effects of this taking, the Secretary shall have power to appoint and fix the compensation of two full-time and twenty temporary employees in the competitive service. The Secretary shall further have power to appoint and fix the compensation of an additional thirty-two full-time and forty temporary employees in the competitive service as provided by this subsection at the time of the donation of those park lands or interests in land owned by the State of California as are within the boundaries of Redwood National Park as provided herein. In filling these positions, preference shall be given to those State employees affected by this transfer for a period not to exceed six years from the date of transfer; permanent State civil service employees shall be provided the opportunity to transfer to a comparable Federal civil service classification notwithstanding applicable civil service laws and regulations.

(c) Job positions subject to preferential treatment for affected employees

An affected employee shall be given full consideration for certain civilian jobs as provided in this section both with the Federal Government and with those private employers that have certain undertakings or programs that involve Federal participation or approval for the period beginning on March 27, 1978, and ending September 30, 1984, if the positions will be primarily located in Humboldt or Del Norte Counties or other counties in California adjacent thereto, and if the employee is otherwise qualified under this section.

(d) Procedures applicable to Federal agencies for creating or filling job positions; applicants subject to preferential treatment; considerations for employment

(1) Any Federal agency that is creating or filling a civilian Federal job that is within the scope of clause (2)(A) of this subsection, pursuant to contract, civil service merit system, or otherwise, that will be primarily located in Humboldt or Del Norte Counties, California, or other counties in California adjacent thereto, must provide notice in advance of the availability of that job and must provide qualified affected employee applicants for these positions with full consideration for these positions if the further conditions set forth in clause (2)(B) of this subsection are met. The notice required by this paragraph shall be as provided by applicable law and regulation through the offices of the Employment and Training Services located in Humboldt and Del Norte Counties, California, and through such other means as are likely to gain the attention of affected employees.

(2) Consideration for employment under this section shall be provided under the following conditions:

(A) the job involves skills and training that could reasonably be expected to have been gained by individuals who have been employed as logging and related woods employees or sawmill, plywood, and other wood processing employees, or office employees, or that can reasonably be expected to be gained while so employed, or pursuant to retraining as provided herein; and

(B) the applicant has the ability, or can reasonably be expected to have the ability after appropriate training of reasonable duration as further provided herein, to perform the duties of the job: Provided, That the full consideration shall not be required with respect to those affected employee applicants requiring training in a situation where the schedule for completion of the work is such that the period during which said employee can reasonably be expected to work following completion of training is determined by the Secretary to be incommensurate with the time and funds required to provide said employee with the necessary training.

(e) Private employer requirements for filling covered employment positions with affected employees pursuant to Federal contracts, etc.; procedures applicable and considerations for employment

(1) Any Federal agency involved in the manner provided herein with a private employer responsible for filing 1 an employment position that is within the scope of clause (2)(A) of subsection (d) of this section, that will be primarily located in Humboldt or Del Norte Counties, or other counties in California adjacent thereto, is directed to require that any Federal contracts, grants, subsidies, loans, or other forms of funding assistance, and any Federal lease, permit, license, certificate, or other entitlement for use, not constituting an existing property right as of March 27, 1978, that is a condition to or a requirement of the conduct of harvesting and related activities or replanting and land rehabilitation or the conduct of wood processing and related activities or the conduct of highway construction and related activities shall be subject to and conditioned upon said private employer giving full consideration to affected employees as provided herein.

(2) Any private employer who participates with a Federal agency in the manner described above and who is, accordingly, subject to the requirements as provided herein, shall—

(A) provide notice of the availability of those jobs described in subsection (d)(2)(A) of this section in the manner generally provided by subsection (d)(1) of this section; and

(B) provide full consideration to qualified affected employee applicants for these positions if the further conditions established by clause (2)(B) of subsection (d) of this section are met.

(f) Agreements with affected employers and industry employers for full consideration to employment of affected employees formerly employed by affected employers; implementation

The Secretary is directed to seek and authorized to enter into agreements with affected employers and industry employers providing that full consideration shall be given with respect to the employment of affected employees who had been employed by affected employers in jobs that may become available in Humboldt and Del Norte Counties and other counties adjacent thereto. The execution and carrying out of such an agreement, or the giving of full consideration to the employment of affected employees under subsection (c) of this section, shall not subject an employer to any additional liability or obligations under any Federal or State equal employment law, rule, regulation, or order.

(g) Implementation of requirements

(1) The Secretary, except as otherwise provided, shall be responsible for the implementation of this section and—

(A) is authorized and directed to make needed training available, upon application, to an affected employee applicant who, although not presently qualified for a position, can be reasonably expected to be qualified after appropriate training;

(B) is authorized to take such actions as may be necessary to ensure that an affected employee is not denied full consideration because of the need for training where there is no substantial reason to believe that the applicant would be unable to perform the duties of the job after proper training. If the job is one which must be filled while the affected employee would be in training, the Secretary shall encourage the employer to fill the job only on a temporary basis subject to the successful completion of the training by the affected employee;

(C) shall require that, in a case in which two or more affected employee applicants have approximately equal qualifications for a job for which they are to receive full consideration, that applicant with the greatest creditable service shall be given preference among those applicants entitled to full consideration; and

(D) upon the filing of a complaint by an employee who alleges that said employee's rights to full consideration were disregarded, the Secretary shall make a finding on the merits of such complaint. If it is determined that there has been noncompliance with this section, the Secretary shall take such action as may be appropriate to correct the situation.


(2) To assist in implementing this section, agencies shall notify the Secretary, in advance, of any job opening as provided for by subsection (d) of this section and of any Federal commitment as provided for by subsection (e) of this section.

(3) The Secretary shall—

(A) seek the cooperation of the State of California and the county and local governments within Humboldt and Del Norte Counties in the implementation of the provisions of this section and in the adoption of similar provisions for full consideration of affected employees with regard to State, county, and local jobs and activities; and

(B) appoint, from among nominees proposed by certified or recognized unions representing employees, a person or persons who shall serve as the Secretary's liaison with employees and their union and as consultant to the Secretary with regard to the administration of those provisions of this Act for which the Secretary is responsible.

(h) Judicial review of determination of Secretary respecting employee, etc.; procedures applicable

An employee, a group of employees, a certified or recognized union, or an authorized representative of such employee or group, aggrieved by any determination by the Secretary under this Act shall be entitled to judicial review of such determination in the same manner and under the same conditions as provided by section 2395 of title 19, except that such review shall be in the appropriate court of appeals of the United States, and the judgment of such court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(i) Additional or alternative rights under existing labor laws, regulations, or contracts unaffected; compensation of employees appointed to Federal jobs

Nothing in this section shall be construed to affect any additional or alternative rights under a law, regulation, or contract (including, but not limited to, veteran preference and contracts between private employers and unions) in effect as of March 27, 1978, and the implementation of this section shall be carried out in accord with applicable civil service laws and regulations except as otherwise provided for in this section. Employees appointed to Federal jobs pursuant to this section shall have their compensation fixed at rates not to exceed that now or hereafter prescribed for the highest rate of grade 15 of the General Schedule under section 5332 of title 5.

(Pub. L. 95–250, title I, §103, Mar. 27, 1978, 92 Stat. 167; Pub. L. 96–417, title VI, §602, Oct. 10, 1980, 94 Stat. 1744; Pub. L. 105–277, div. A, §101(f) [title VIII, §405(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–417.)

References in Text

This Act, referred to in subsecs. (a), (b), (g)(3)(B), and (h), means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

Amendments

1998—Subsec. (a). Pub. L. 105–277, §101(f) [title VIII, §405(b)(1)], struck out at end "In filling these positions, preference shall be given to affected employees (as defined in title II of this Act) for a period ending on September 30, 1984, notwithstanding applicable civil service laws and regulations."

Subsec. (b). Pub. L. 105–277, §101(f) [title VIII, §405(b)(2)], struck out after first sentence "In filling these positions, preference shall be given to affected employees (as defined in title II) for a period ending on September 30, 1984, notwithstanding applicable civil service laws and regulations."

1980—Subsec. (h). Pub. L. 96–417 substituted provision for judicial review under section 2395 of title 19 for review under section 2322 of title 19 and provided for review in the appropriate court of appeals of the United States and for review of the judgment of the court of appeals by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure.

Reference to Secretary as Reference to Secretary of Department of the Interior; Exception

Reference to Secretary, unless otherwise indicated, as reference to Secretary of Department of the Interior, except for purposes of subsecs. (d) to (i) of this section, where reference to Secretary shall refer to Secretary of the Department of Labor, see section 109 of Pub. L. 95–250, set out as a note under section 79k of this title.

1 So in original. Probably should be "filling".

§79m. Annual reporting requirements; contents; comprehensive general management plan; submission date and scope

(a) The Secretary shall submit an annual written report to the Congress on January 1, 1979, and annually thereafter for ten years, reporting on the status of payment by the Secretary for real property acquired pursuant to section 79c(b)(1) and section 79b of this title; the status of the actions taken regarding land management practices and watershed rehabilitation efforts authorized by section 79c(e) and section 79k(b) of this title; the status of the efforts to mitigate adverse economic impacts as directed by this Act; this 1 status of National Park Service employment requirements as authorized by section 79l of this title; the status of the new bypass highway and of the agreement for the donation of the State park lands as contemplated by section 79c(b)(2) of this title; and, the status of the National Park Service general management plan for the park.

(b) No later than January 1, 1980, the Secretary shall submit to the Committee on Interior and Insular Affairs of the House of Representatives, and to the Committee on Energy and Natural Resources of the Senate, a comprehensive general management plan for Redwood National Park, to include but not be limited to the following:

(1) the objectives, goals, and proposed actions designed to assure the preservation and perpetuation of a natural redwood forest ecosystem;

(2) the type and level of visitor use to be accommodated by the park, by specific area, with specific indications of carrying capacities consistent with the protection of park resources;

(3) the type, extent, and estimated cost of development proposed to accommodate visitor use and to protect the resource, to include anticipated location of all major development areas, roads, and trails; and

(4) the specific locations and types of foot trail access to the Tall Trees Grove, of which one route shall, unless shown by the Secretary to be inadvisable, principally traverse the east side of Redwood Creek through the essentially virgin forest, connecting with the roadhead on the west side of the park east of Orick.

(Pub. L. 95–250, title I, §104, Mar. 27, 1978, 92 Stat. 170.)

References in Text

Section 79c(b)(1) of this title, referred to in subsec. (a), was in the original "section 101(a)(4) . . . of this amendment", meaning section 101(a)(4) of Pub. L. 95–250, which amended section 79c(b)(1) of this title.

Section 79b of this title, referred to in subsec. (a), was in the original "section 101(a)(2) of this amendment", meaning section 101(a)(2) of Pub. L. 95–250, which amended subsecs. (a) and (b), and added subsec. (c), of section 79b of this title.

Section 79c(e) of this title, referred to in subsec. (a), was in the original "section 101(a)(6) . . . of this amendment", meaning section 101(a)(6) of Pub. L. 95–250, which amended section 79c(e) of this title.

Section 79k(b) of this title, referred to in subsec. (a), was in the original "section 102(b) of this amendment", meaning section 102(b) of Pub. L. 95–250, which enacted section 79k(b) of this title.

This Act, referred to in subsec. (a), means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

Section 79l of this title, referred to in subsec. (a), was in the original "section 102 of this amendment", meaning section 103 of Pub. L. 95–250, which enacted section 79l of this title.

Section 79c(b)(2) of this title, referred to in subsec. (a), was in the original "section 101(a)(5) of this amendment", meaning section 101(a)(5) of Pub. L. 95–250, which amended section 79c(b)(2) of this title.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

Reference to Secretary as Reference to Secretary of Department of the Interior; Exception

Reference to Secretary, unless otherwise indicated, as reference to Secretary of Department of the Interior, see section 109 of Pub. L. 95–250, set out as a note under section 79k of this title.

1 So in original. Probably should be "the".

§79n. Authorization of appropriations for rehabilitation programs

Effective on October 1, 1978, there are hereby authorized to be appropriated $33,000,000 to carry out the rehabilitation provisions of this Act.

(Pub. L. 95–250, title I, §105, Mar. 27, 1978, 92 Stat. 171.)

References in Text

This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

§79o. Repealed. Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068

Section, Pub. L. 95–250, title I, §106, Mar. 27, 1978, 92 Stat. 171, related to payments to local government units for entitlement lands within the Redwood National Park. See section 6905 of Title 31, Money and Finance.

§79p. Community services and employment opportunities of Redwoods United, Inc. to be maintained at present rate of employment

The Secretary is further authorized, and the Congress specifically directs that it shall be a purpose of this Act, that the community services and employment opportunities provided by Redwoods United, Incorporated, a nonprofit corporation located in Manila, California, shall be maintained at the present rate of employment to the greatest degree practicable.

(Pub. L. 95–250, title I, §107, Mar. 27, 1978, 92 Stat. 171.)

References in Text

This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

Reference to Secretary as Reference to Secretary of Department of the Interior; Exception

Reference to Secretary, unless otherwise indicated, as reference to Secretary of Department of the Interior, see section 109 of Pub. L. 95–250, set out as a note under section 79k of this title.

§79q. Pledge of full faith and credit of United States for payment of compensation for lands, etc., taken

The Congress further acknowledges and directs that the full faith and credit of the United States is pledged to the prompt payment of just compensation as provided for by the fifth amendment to the Constitution of the United States for those lands and properties taken by this Act.

(Pub. L. 95–250, title I, §108, Mar. 27, 1978, 92 Stat. 172.)

References in Text

This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, as amended, which, insofar as classified to the Code, enacted sections 79c–1, 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out as a note under section 79k of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

SUBCHAPTER VIII—KINGS CANYON NATIONAL PARK

§80. Establishment; boundaries; preservation of rights of citizens

The tract of land in the State of California, particularly described as follows, to wit: Beginning at the summit of Junction Peak, being a point on the present north boundary of Sequoia National Park, also a point on the Tulare and Inyo County line; thence westerly along said north boundary of said park to the crest of the hydrographic divide between Boulder Creek and Sugarloaf Creek; thence in a northerly direction along the crest of the hydrographic divide between Boulder Creek and Sugarloaf Creek to the intersection of said divide with the section line between sections 3 and 4 of township 14 south, range 30 east, Mount Diablo base and meridian; thence northerly along the section line between said sections 3 and 4 and between sections 33 and 34, and sections 27 and 28 of township 13 south, range 30 east, to the northwest corner of southwest quarter of section 27; thence northwesterly along the ridge immediately adjacent to and lying northeast from the headwaters of the east fork of Lightning Creek to the intersection of said ridge with the section line between sections 21 and 28, township 13 south, range 30 east, which point lies on the said section line three quarters of a mile more or less westerly from the northeast corner of said section 28; thence in a northerly direction across the easterly branch of the east fork of Lightning Creek at Summit Meadow to the ridge north of said creek branch; thence northeasterly along said ridge to Lookout Peak; thence in a northeasterly direction along the ridge from said peak, being also the crest of the hydrographic divide between Sheep Creek and Lightning Creek to the intersection of said ridge, with the line between section 15 and 22, township 13 south, range 30 east, which point lies one quarter of a mile more or less westerly of the northeast corner of said section 22; thence easterly along said section line to the corner of sections 14, 15, 22, and 23; thence north along the line between sections 14 and 15 to the southwest corner of the northwest quarter of the northwest quarter of section 14; thence east to the southeast corner of the northeast quarter of the northwest quarter of the said section; thence south to the southwest corner of the northeast quarter of the said section; thence east to the southeast corner of the southwest quarter of the northeast quarter of the said section; thence south to the southwest corner of the northeast quarter of the southeast quarter of the said section; thence east to the northeast corner of the southeast quarter of the southeast quarter of the said section; thence south to the southwest corner of section 13; thence east on the line between sections 13 and 24 to the southeast corner of section 13; thence south to southwest corner of the northwest quarter of the northwest quarter of section 19, township 13 south, range 31 east; thence east along the north latitudinal one-sixteenth section line of sections 19, 20, and 21 to the southeast corner of the northeast quarter of the northwest quarter of said section 21; thence north to the quarter section corner of sections 16 and 21; thence east along the line between sections 16 and 21 to the southeast corner of said section 16; thence north along the section line to the quarter section corner of sections 15 and 16; thence west along the latitudinal quarter section line of sections 16, 17, and 18 to the northwest corner of the southeast quarter of section 18; thence north to the northeast corner of the southeast quarter of the northwest quarter of said section 18; thence west to the northwest corner of the southwest quarter of the northwest quarter of said section 18; thence north along the range line between ranges 30 and 31 east, township 13 south to the northeast corner of section 13, township 13 south, range 30 east; thence west along the line between sections 12 and 13 to the southeast corner of the southwest quarter of the southwest quarter of section 12; thence north to the northeast corner of the southwest quarter of the southwest quarter of said section 12; thence west to the northwest corner of the southeast quarter of the southeast quarter of section 11; thence north to the northeast corner of the northwest quarter of the northeast quarter of said section 11; thence west along the line between sections 2 and 11 to the northwest corner of the northeast quarter of the northwest quarter of said section 11; thence south to the southwest corner of the northeast quarter of the northwest quarter of said section 11; thence west to the northwest corner of the southwest quarter of the northwest quarter of said section 11; thence north along the line between sections 10 and 11 and 2 and 3 to the intersection with the ridge of southeast spur of Stag Dome; thence in a northwesterly direction along the crest of said spur to the summit of Stag Dome; thence in a northerly direction along the crest of the hydrographic divide between Lewis Creek and Deer Cove and Grizzly Creek to its intersection with Monarch Divide at Hog-Back Peak; thence in a westerly direction along the crest of Monarch Divide, to its junction with the northwesterly spur of Mount Harrington; thence northwesterly along the crest of hydrographic divide on the southwest side of the Gorge of Despair to the intersection with the line between sections 12 and 13, township 12 south, range 29 east; thence continuing west along the line between sections 12 and 13, 11 and 14 to the southwest corner of the southeast quarter of the southeast quarter of said section 11; thence northerly to the southwest corner of the southeast quarter of the northeast quarter of said section 11; thence east to the quarter section corner of sections 11 and 12; thence north to the southeast corner of the northeast quarter of the northeast quarter of said section 11; thence east to the southeast corner of the northwest quarter of the northwest quarter of section 12; thence north to the northeast corner of the northwest quarter of the northwest quarter of said section 12; thence east to the quarter section corner of sections 1 and 12; thence north to the northeast corner of the southeast quarter of the southwest quarter of said section 1; thence east to the southeast corner of the northwest quarter of the southeast quarter of said section 1; thence north to the northeast corner of the northwest quarter of the southeast quarter of said section 1; thence east to the quarter section corner of sections 1 and 6; thence north along the range line between the ranges 29 and 30 east, township 12 south, to the northeast corner of said section 1, township 12 south, range 29 east; thence east along the township line between townships 11 and 12 south range 30 east to the southeast corner of the southwest quarter of the southwest quarter of section 31, township 11 south, range 30 east; thence north to the northeast corner of the southwest quarter of the southwest quarter of said section 31; thence west to the northwest corner of the southwest quarter of the southeast quarter of section 36, township 11 south, range 29 east; thence south to the quarter section corner of sections 1 and 36; thence west along the township line between townships 11 and 12 south, range 29 east to the northwest corner of section 1, township 12 south, range 29 east; thence south to the southwest corner of the northwest quarter of the northwest quarter of said section 1; thence west to the northwest corner of the southwest quarter of the northwest quarter of section 2; thence south to the northwest corner of the southwest quarter of the southwest quarter of said section 2; thence west to the northwest corner of the southeast quarter of the southeast quarter of section 3; thence south to the southwest corner of the southeast quarter of the southeast quarter of section 3; thence continuing south to the intersection with the four thousand four hundred contour; thence along the four thousand four hundred-foot contour in a southwesterly direction to its intersection with Tombstone Ridge; thence in a northwesterly direction along the crest of the Tombstone Ridge to the summit of the Obelisk; thence in a straight line in a northeasterly direction crossing Crown Creek to the summit of Kettle Dome; thence in a northeasterly direction along the crest of Kettle Ridge to the summit of Finger Peak in the White Divide; thence northwesterly along the crest of the said White Divide and the Le Conte Divide, passing over the summits of Mount Reinstein and Red Mountain to the summit of Mount Henry; thence in a northerly direction along the crest of the north spur of Mount Henry to the junction of the South Fork San Joaquin River and Piute Creek; thence across the South Fork San Joaquin River and in a northeasterly direction along the hydrographic divide between Piute Creek and the South Fork San Joaquin River to the summit of Pavillion Dome; thence in an easterly direction along the crest of said hydrographic divide to its intersection with Glacier Divide; thence continuing southeasterly along the crest of said Glacier Divide to a point of intersection with the crest of the Sierra Nevada Range, also the boundary line between Inyo County and Fresno County; thence continuing southeasterly along the crest of said Sierra Nevada Range, passing over the summits of Mount Lamarack, Mount Darwin, Mount Haeckel, Mount Wallace, Mount Powell, Mount Thompson, Mount Gilbert, Mount Johnson, Mount Goode, Mount Winchell, North Palisade, The Thumb, Mount Bolton Brown, Split Mountain, Cardinal Mountain, Striped Mountain, Mount Perkins, Colosseum Mountain, Mount Baxter, Diamond Peak, Black Mountain, Dragon Peak, Mount Bixford, Mount Gould, University Peak, Mount Bradley, and Mount Keith to the summit of Junction Peak, being the point of beginning; is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park, to be known as the Kings Canyon National Park, for the benefit and enjoyment of the people: Provided, That nothing in this subchapter shall be construed to affect or abridge any right acquired by any citizen of the United States in the above-described area: And provided further, That no grazing permits heretofore issued and in effect on January 15, 1939, affecting the area described in this section, for whose renewal an application is made before the date of expiration shall be affected by this subchapter, except that they shall be subject to such terms and conditions to insure protection of the lands and for other purposes as may be prescribed by the Secretary of the Interior.

(Mar. 4, 1940, ch. 40, §1, 54 Stat. 41.)

Additions to Kings Canyon National Park

The following provision authorized the addition of lands to Kings Canyon National Park: Pub. L. 98–425, title I, §105(a)(1), Sept. 28, 1984, 98 Stat. 1626.

§80a. General Grant National Park abolished; lands added to Kings Canyon National Park

The General Grant National Park is abolished, and the west half of section 33, township 13 south, range 28 east, and west half of section 4, all of section 8 and the northwest quarter of section 9, township 14 south, range 28 east, Mount Diablo meridian, California, together with the lands formerly within the General Grant National Park, California, and particularly described as follows, to wit: All of sections 31 and 32, township 13 south, range 28 east, and sections 5 and 6, township 14 south, range 28 east, of the same meridian, are, subject to valid existing rights, added to and made a part of the Kings Canyon National Park and such lands shall be known as the General Grant grove section of the said park. The General Grant grove section of the Kings Canyon National Park may, by proclamation of the President, be extended to include the following described lands, to wit: Section 9, south half, section 10, southwest quarter, and that part of the east half south of Generals Highway; section 11, that part south of Generals Highway; section 13, that part south of Generals Highway; section 14, that part south of Generals Highway, section 15, east half, northwest quarter, and the southeast quarter of the southwest quarter, section 21, southeast quarter of the northeast quarter, and the east half of the southeast quarter; section 22, east half, east half of the northwest quarter, southwest quarter of the northwest quarter and southwest quarter; section 23; section 24, that part south of Generals Highway; sections 25 and 26; section 27, east half, northwest quarter, and that part of the southwest quarter north and east of the crest of Redwood Mountain; section 34, that part east of the crest of Redwood Mountain; sections 35 and 36, township 14 south, range 28 east; all of sections 1 and 2; section 3, that part east of the crest of Redwood Mountain; section 11, that part east and north of the crest of Redwood Mountain; all of section 12; section 13, that part north of the Sequoia National Park boundary, township 15 south, range 28 east, Mount Diablo meridian, which shall be subject to all laws, rules, and regulations applicable to the said park. Such extension of the General Grant grove section of the said park shall not interfere with the movement of stock and vehicular traffic without charge, under general regulations to be prescribed by the Secretary of the Interior, to and from national forest lands on either side of the said park extension. The Kings Canyon National Park shall receive and use all moneys prior to or after March 4, 1940, appropriated for General Grant National Park.

(Mar. 4, 1940, ch. 40, §2, 54 Stat. 43.)

Nation's Christmas Tree

Joint Res. Mar. 29, 1956, ch. 98, 70 Stat. 57, provided: "That the General Grant tree, which is located in the Kings Canyon National Park, in Fresno County, California, and which was dedicated by the Federal Government in 1926 as the Nation's Christmas Tree, is hereby declared to be a national shrine in memory of the men and women of the Armed Forces who have served and fought and died to keep this Nation free and to preserve the spiritual, human, and civil rights which are the essence of our American heritage. The Secretary of the Interior, through the National Park Service, shall make appropriate provision for the perpetual care and maintenance of such shrine.

"Sec. 2. Nothing in this Act shall be deemed to change the name of the General Grant tree."

Adjustment of Boundaries and Rights

Act June 5, 1942, ch. 333, §§1, 2, 56 Stat. 310, authorized the Secretary of the Interior to adjust the boundaries of privately owned lands in the General Grant grove section of Kings Canyon National Park in accordance with a survey made by the county surveyor of Tulare County, California; to amend existing patents or relinquish or grant parcels of land therein according to said survey; and to pay from departmental appropriations expenses of surveys and investigations necessary to carry out provisions of this act.

§80a–1. Lands excluded from Kings Canyon National Park and added to Sequoia National Forest

For the purpose of improving the boundary of Kings Canyon National Park, California, and excluding therefrom certain land that is no longer needed for park purposes, that particular area of the park, comprising approximately 160 acres, lying west of the section line between sections 21 and 22, and lying west of the section line between sections 27 and 28, township 13 south, range 30 east, Mount Diablo meridian, is excluded from the park.

Land excluded from the park by this section on and after August 14, 1958 shall be a part of the Sequoia National Forest.

(Pub. L. 85–666, §1, Aug. 14, 1958, 72 Stat. 616.)

Codification

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54 Stat. 41, which comprises this subchapter.

§80a–2. Lands excluded from Sequoia National Forest and added to Kings Canyon National Park

For the purpose of facilitating park road maintenance, and to include in the park certain property that is desirable for future use and development, the following land situated in section 7, township 14 south, range 28 east, Mount Diablo meridian, is excluded from the Sequoia National Forest and added to the Kings Canyon National Park:

East half northeast quarter, east half west half northeast quarter, northeast quarter southeast quarter, east half northwest quarter southeast quarter, and those portions of the southeast quarter southeast quarter and of the east half southwest quarter southeast quarter, lying north of the right-of-way of State Highway 180.

(Pub. L. 85–666, §2, Aug. 14, 1958, 72 Stat. 617.)

Codification

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54 Stat. 41, which comprises this subchapter.

§80a–3. Lands excluded from Sierra National Forest and Sequoia National Forest and added to Kings Canyon National Park

All lands in Tehipite Valley within the Sierra National Forest lying north of a line described as follows:

Beginning at a point on the existing west boundary of the Kings Canyon National Park on the hydrographic divide on the southwest side of the Gorge of Despair in section 13, township 12 south, range 29 east, Mount Diablo base and meridian, being the crest of a ridge designated as Silver Spur;

thence following the crest of Silver Spur westerly to the intersection with the west line of section 14, township 12 south, range 29 east; thence northwesterly in a straight line across the middle fork of the Kings River to the point of intersection of the right bank of a stream or intermittent stream and the 4,400-foot contour north of Tombstone Ridge, in section 15, township 12 south, range 29 east, being a point on the existing west boundary of the park;


and all lands in the Cedar Grove area of the Sequoia National Forest lying east of the west section lines of sections 11 and 14, township 13 south, range 30 east, Mount Diablo base and meridian, are hereby excluded from the said national forests and made a part of the Kings Canyon National Park, subject to all the laws and regulations applicable to such park.

(Pub. L. 89–111, Aug. 6, 1965, 79 Stat. 446.)

Codification

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54 Stat. 41, which comprises this subchapter.

§80b. Administration for public recreational purposes

The National Park Service shall, under the rules and regulations to be prescribed by the Secretary of the Interior, administer for public recreational purposes the lands withdrawn.

(Mar. 4, 1940, ch. 40, §3, 54 Stat. 44.)

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§80c. Motor-vehicle licenses for Sequoia National Park as applicable; limitation of privileges within park

Any motor-vehicle license issued for Sequoia National Park shall be applicable to Kings Canyon National Park, and vice versa: Provided, That in order to insure the permanent preservation of the wilderness character of the Kings Canyon National Park the Secretary of the Interior may, in his discretion, limit the character and number of privileges that he may grant within the Kings Canyon National Park.

(Mar. 4, 1940, ch. 40, §4, 54 Stat. 44; Aug. 17, 1950, ch. 730, 64 Stat. 458.)

Amendments

1950—Act Aug. 17, 1950, struck out last sentence which restricted concessionaires to a five-year term.

§80d. Administration, protection, and development

The administration, protection, and development of the Kings Canyon National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled "An Act to establish a National Park Service, and for other purposes",1 as amended.

(Mar. 4, 1940, ch. 40, §5, 54 Stat. 44.)

References in Text

The Act of August 25, 1916 (39 Stat. 535), entitled "An Act to establish a National Park Service, and for other purposes", referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

1 See References in Text note below.

§80d–1. Use of appropriations for road construction

After June 22, 1946, no part of appropriations made for the National Park Service shall be available for road construction in Kings Canyon National Park, California, except on the floor of the canyon of the South Fork of the Kings River and the Grant Grove section of that park.

(July 1, 1946, ch. 529, §1, 60 Stat. 377.)

Codification

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54 Stat. 41, which comprises this subchapter.

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§§80e to 80h. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section 80e, act Apr. 23, 1946, ch. 202, §1, 60 Stat. 119, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.

Section 80f, act Apr. 23, 1946, ch. 202, §2, 60 Stat. 119, related to arrests for violations of rules and petty offenses.

Section 80g, act Apr. 23, 1946, ch. 202, §3, 60 Stat. 120, related to arrests for criminal offenses, and is now covered by section 3041 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.

Section 80h, act Apr. 23, 1946, ch. 202, §4, 60 Stat. 120, related to payment and disposition of fees, costs, and expenses.

SUBCHAPTER IX—COLONIAL NATIONAL HISTORICAL PARK

§81. Establishment; statement of purposes

Upon proclamation of the President, as herein provided, sufficient of the areas hereinafter specified for the purposes of this subchapter shall be established and set apart as the Colonial National Historical Park for the preservation of the historical structures and remains thereon and for the benefit and enjoyment of the people.

(July 3, 1930, ch. 837, §1, 46 Stat. 855; June 5, 1936, ch. 525, §2, 49 Stat. 1483.)

Codification

Section was formerly classified to section 443 of this title.

Change of Name

Act June 5, 1936, ch. 525, §2, 49 Stat. 1483, provided: "That the area now within the Colonial National Monument, together with such additions as may hereafter be made thereto, pursuant to section 1 hereof [section 81b of this title], shall be known as the 'Colonial National Historical Park', under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for the Colonial National Monument."

Jamestown 400th Commemoration Commission

Pub. L. 106–565, Dec. 23, 2000, 114 Stat. 2812, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Jamestown 400th Commemoration Commission Act of 2000'.

"SEC. 2. FINDINGS AND PURPOSE.

"(a) Findings.—Congress finds that—

"(1) the founding of the colony at Jamestown, Virginia in 1607, the first permanent English colony in the New World, and the capital of Virginia for 92 years, has major significance in the history of the United States;

"(2) the settlement brought people from throughout the Atlantic Basin together to form a multicultural society, including English, other Europeans, Native Americans, and Africans;

"(3) the economic, political, religious, and social institutions that developed during the first 9 decades of the existence of Jamestown continue to have profound effects on the United States, particularly in English common law and language, cross cultural relationships, and economic structure and status;

"(4) the National Park Service, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation of the Commonwealth of Virginia collectively own and operate significant resources related to the early history of Jamestown; and

"(5) in 1996—

"(A) the Commonwealth of Virginia designated the Jamestown-Yorktown Foundation as the State agency responsible for planning and implementing the Commonwealth's portion of the commemoration of the 400th anniversary of the founding of the Jamestown settlement;

"(B) the Foundation created the Celebration 2007 Steering Committee, known as the Jamestown 2007 Steering Committee; and

"(C) planning for the commemoration began.

"(b) Purpose.—The purpose of this Act is to establish the Jamestown 400th Commemoration Commission to—

"(1) ensure a suitable national observance of the Jamestown 2007 anniversary by complementing the programs and activities of the State of Virginia;

"(2) cooperate with and assist the programs and activities of the State in observance of the Jamestown 2007 anniversary;

"(3) assist in ensuring that Jamestown 2007 observances provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the Jamestown sites;

"(4) assist in ensuring that the Jamestown 2007 observances are inclusive and appropriately recognize the experiences of all people present in 17th century Jamestown;

"(5) provide assistance to the development of Jamestown-related programs and activities;

"(6) facilitate international involvement in the Jamestown 2007 observances;

"(7) support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the Jamestown 2007 observances; and

"(8) assist in the appropriate development of heritage tourism and economic benefits to the United States.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Commemoration.—The term 'commemoration' means the commemoration of the 400th anniversary of the founding of the Jamestown settlement.

"(2) Commission.—The term 'Commission' means the Jamestown 400th Commemoration Commission established by section 4(a).

"(3) Governor.—The term 'Governor' means the Governor of the State.

"(4) Secretary.—The term 'Secretary' means the Secretary of the Interior.

"(5) State.—

"(A) In general.—The term 'State' means the State of Virginia.

"(B) Inclusions.—The term 'State' includes agencies and entities of the State.

"SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.

"(a) In General.—There is established a commission to be known as the 'Jamestown 400th Commemoration Commission'.

"(b) Membership.—

"(1) In general.—The Commission shall be composed of 16 members, of whom—

"(A) four members shall be appointed by the Secretary, taking into consideration the recommendations of the Chairperson of the Jamestown 2007 Steering Committee;

"(B) four members shall be appointed by the Secretary, taking into consideration the recommendations of the Governor;

"(C) two members shall be employees of the National Park Service, of which—

"(i) one shall be the Director of the National Park Service (or a designee); and

"(ii) one shall be an employee of the National Park Service having experience relevant to the commemoration, to be appointed by the Secretary; and

"(D) five members shall be individuals that have an interest in, support for, and expertise appropriate to, the commemoration, to be appointed by the Secretary.

"(2) Term; vacancies.—

"(A) Term.—A member of the Commission shall be appointed for the life of the Commission.

"(B) Vacancies.—

"(i) In general.—A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.

"(ii) Partial term.—A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.

"(3) Meetings.—

"(A) In general.—The Commission shall meet—

"(i) at least twice each year; or

"(ii) at the call of the Chairperson or the majority of the members of the Commission.

"(B) Initial meeting.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.

"(4) Voting.—

"(A) In general.—The Commission shall act only on an affirmative vote of a majority of the members of the Commission.

"(B) Quorum.—A majority of the Commission shall constitute a quorum.

"(5) Chairperson.—The Secretary shall appoint a Chairperson of the Commission, taking into consideration any recommendations of the Governor.

"(c) Duties.—

"(1) In general.—The Commission shall—

"(A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the founding of Jamestown;

"(B) generally facilitate Jamestown-related activities throughout the United States;

"(C) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the founding and early history of Jamestown;

"(D) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, Jamestown; and

"(E) ensure that the 400th anniversary of Jamestown provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities.

"(2) Plans; reports.—

"(A) Strategic plan; annual performance plans.—In accordance with the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285) [see Short Title of 1993 Amendment note set out under section 1101 of Title 31, Money and Finance], the Commission shall prepare a strategic plan and annual performance plans for the activities of the Commission carried out under this Act.

"(B) Final report.—Not later than September 30, 2008, the Commission shall complete a final report that contains—

"(i) a summary of the activities of the Commission;

"(ii) a final accounting of funds received and expended by the Commission; and

"(iii) the findings and recommendations of the Commission.

"(d) Powers of the Commission.—The Commission may—

"(1) accept donations and make dispersions of money, personal services, and real and personal property related to Jamestown and of the significance of Jamestown in the history of the United States;

"(2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act;

"(3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act;

"(4) procure supplies, services, and property, and make or enter into contracts, leases or other legal agreements, to carry out this Act (except that any contracts, leases or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission);

"(5) use the United States mails in the same manner and under the same conditions as other Federal agencies;

"(6) subject to approval by the Commission, make grants in amounts not to exceed $10,000 to communities and nonprofit organizations to develop programs to assist in the commemoration;

"(7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of Jamestown; and

"(8) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.

"(e) Commission Personnel Matters.—

"(1) Compensation of members of the commission.—

"(A) In general.—Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.

"(B) Federal employees.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.

"(C) Travel expenses.—A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

"(2) Staff.—

"(A) In general.—The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.

"(B) Confirmation of executive director.—The employment of an executive director shall be subject to confirmation by the Commission.

"(3) Compensation.—

"(A) In general.—Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

"(B) Maximum rate of pay.—The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

"(4) Detail of government employees.—

"(A) Federal employees.—

"(i) In general.—On the request of the Commission, the head of any Federal agency may detail, on a reimbursable or non-reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act.

"(ii) Civil service status.—The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.

"(B) State employees.—The Commission may—

"(i) accept the services of personnel detailed from States (including subdivisions of States); and

"(ii) reimburse States for services of detailed personnel.

"(5) Volunteer and uncompensated services.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.

"(6) Support services.—The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.

"(f) Procurement of Temporary and Intermittent Services.—The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

"(g) FACA Nonapplicability.—Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

"(h) No Effect on Authority.—Nothing in this section supersedes the authority of the State, the National Park Service, or the Association for the Preservation of Virginia Antiquities, concerning the commemoration.

"(i) Termination.—The Commission shall terminate on December 31, 2008.

"SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated such sums as are necessary to carry out this Act."

Pub. L. 106–554, §1(a)(4) [div. B, title I, §127], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–359, enacted provisions substantially identical to those enacted by Pub. L. 106–565, set out above.

§81a. Location and boundaries

The Secretary of the Interior is authorized and directed to make an examination of Jamestown Island, parts of the city of Williamsburg, and the Yorktown battlefield, all in the State of Virginia, and areas for highways to connect said island, city, and battlefield with a view to determining the area or areas thereof desirable for inclusion in the said Colonial National Historical Park, not to exceed two thousand five hundred acres of the said battlefield or five hundred feet in width as to such connecting areas, and upon completion thereof he shall make appropriate recommendations to the President, who shall establish the boundaries of said national park by proclamation: Provided, That the boundaries so established may be enlarged or diminished by subsequent proclamation or proclamations of the President upon the recommendations of the Secretary of the Interior, any such enlargement only to include lands donated to the United States or purchased by the United States without resort to condemnation.

(July 3, 1930, ch. 837, §2, 46 Stat. 855; June 5, 1936, ch. 525, §2, 49 Stat. 1483.)

Codification

Section was formerly classified to section 443a of this title.

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".

Boundaries of Park

Boundaries were established by Presidential Proc. No. 1929, Dec. 30, 1930, 46 Stat. 3041, and Proc. No. 2055, Aug. 22, 1933, 48 Stat. 1706.

§81b. Revision of boundaries

Subject to all the laws and regulations applicable to the Colonial National Historical Park, the boundaries of said historical park as established by section 81a of this title and as defined by Presidential Proclamation Numbered 2055, dated August 22, 1933 (48 Stat. 1706), are revised by the elimination of the parkway area described in said proclamation as running north and west of the city of Williamsburg to Jamestown Island, and the substitution therefor of a parkway area running southerly through or around the city of Williamsburg, thence continuing south of said city to the James River and thence along said river and connecting waters to Jamestown Island, the exact location of which shall be determined by the Secretary of the Interior: Provided, That said parkway area shall not exceed an average of five hundred feet in width outside the city of Williamsburg: And provided further, That condemnation proceedings shall not be had, exercised, or resorted to as to any lands in the city of Williamsburg except such lands as may be required for a right-of-way not exceeding two hundred feet in width through said city to connect with highways or parkways leading from Williamsburg to Jamestown and Yorktown.

(June 28, 1938, ch. 775, §1, 52 Stat. 1208.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".

§81c. Addition of lands

The Secretary of the Interior is authorized, in his discretion, to acquire by purchase and/or accept by donation, in behalf of the United States, such lands, easements, and buildings comprising the former Governor Berkeley's mansion and homestead in James City County and Carter's Grove mansion and homestead in the same county, and the Rosewell mansion and homestead in Gloucester County as are desirable for the proper rounding out of the boundaries and for the administrative control of the Colonial National Historical Park, and such lands as are necessary for parkways, not to exceed five hundred feet wide, to connect said mansions to the said Colonial National Historical Park, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That the said acquisition of lands and/or improvements shall be made only from such funds as may be appropriated pursuant to the authorization of section 81f of this title.

(June 5, 1936, ch. 525, §§1, 2, 49 Stat. 1483.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

Section was formerly classified to section 443a–1 of this title.

Change of Name

Act June 5, 1936, ch. 525, §2, 49 Stat. 1483, provided: "That the area now within the Colonial National Monument, together with such additions as may hereafter be made thereto, pursuant to section 1 hereof, shall be known as the 'Colonial National Historical Park', under which name the aforesaid national park shall be entitled to receive and to use all moneys heretofore or hereafter appropriated for the Colonial National Monument."

§81d. Addition of lands

The Secretary of the Interior is authorized, in his discretion, to acquire by purchase, donation, or otherwise, in behalf of the United States, such lands or interests in lands, easements, and buildings comprising the following: Glass House Point, in James City County; the area known as "The Hook", including the site of the action of October 3, 1781, in Gloucester County; and such additional lands as are desirable for the proper rounding out of the boundaries and for the administrative control of the Colonial National Historical Park: Provided, That the total acreage of lands to be added to the park, with the exception of parkways under the terms hereof shall not exceed seven hundred and fifty acres: Provided further, That the said acquisition of lands or improvements shall be made from such funds as may be appropriated pursuant to the authorization of section 81f of this title.

(June 28, 1938, ch. 775, §2, 52 Stat. 1209.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

§81e. Acquisition of property; condemnation proceedings

The Secretary of the Interior is authorized to accept donations of land, interest in land, buildings, structures, and other property within the boundaries of said park as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the evidence of title to such lands to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of section 3113 of title 40, such tracts of land within the said park as may be necessary for the completion thereof: Provided further, That condemnation proceedings herein provided for shall not be had, exercised, or resorted to as to lands belonging to the Association for the Preservation of Virginia Antiquities, a corporation chartered under the laws of Virginia, or to the city of Williamsburg, Virginia, or to any other lands in said city except such lands as may be required for a right-of-way not exceeding two hundred feet in width through the city of Williamsburg to connect with highways or parkways leading from Williamsburg to Jamestown and to Yorktown.

(July 3, 1930, ch. 837, §3, 46 Stat. 856; June 5, 1936, ch. 525, §2, 49 Stat. 1483.)

Codification

"Section 3113 of title 40" substituted in text for "the Act of August 1, 1888 (U.S.C., title 40, secs. 257, 258; 25 Stat. 357)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Section was formerly classified to section 443b of this title.

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park."

§81f. Authorization of appropriation

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this subchapter, which shall not exceed the sum of $8,572,000 to be available for all expenses incident to the examination and establishment of the said Colonial National Historical Park and for the acquisition of lands and/or lands and improvements needed for the completion of the park, including the securing of options and other incidental expenses. The area of the Yorktown battlefield, authorized for inclusion in said park, is extended to not to exceed four thousand five hundred acres, and all Government-owned lands within the boundaries of said park as established by presidential proclamation, except those determined by the Secretary of the Interior as not necessary in carrying out the objects of said park are transferred to the administrative jurisdiction and control of the National Park Service.

(July 3, 1930, ch. 837, §4, 46 Stat. 856; Mar. 3, 1931, ch. 405, 46 Stat. 1490; June 5, 1936, ch. 525, §2, 49 Stat. 1483; Pub. L. 90–74, Aug. 29, 1967, 81 Stat. 176; Pub. L. 93–477, title I, §101(2), Oct. 26, 1974, 88 Stat. 1445; Pub. L. 109–418, §3, Dec. 19, 2006, 120 Stat. 2883.)

Codification

Section was formerly classified to section 443c of this title.

Amendments

2006—Pub. L. 109–418 substituted "$8,572,000" for "$10,472,000".

1974—Pub. L. 93–477 substituted "$10,472,000" for "$2,777,000".

1967—Pub. L. 90–74 substituted "$2,777,000" for "$2,000,000".

1931—Act Mar. 3, 1931, changed amount of appropriation and inserted last sentence extending the area of Yorktown battlefield.

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".

George Waller Blow Estate; Use of 1967 Increase in Authorization of Appropriations To Purchase

Pub. L. 90–74 provided in part that the limit on the authorized appropriation was increased from $2,000,000 to $2,777,000 in order to permit acquisition of the Thomas Nelson House, the Edmund Smith House, the John Ballard House, and the Thomas Pate House, all of which are located within the boundaries of the Colonial National Historical Park on lots numbered 42A, 44 through 55, 84, 85, and 120 through 129, and known as the George Waller Blow Estate.

§81g. Administration, protection, and development

The administration, protection, and development of the aforesaid national park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled "An Act to establish a National Park Service (U.S.C., title 16, secs. 1–4; 39 Stat. 535), and for other purposes," 1 as amended.

(July 3, 1930, ch. 837, §5, 46 Stat. 856; June 5, 1936, ch. 525, §2, 49 Stat. 1483.)

References in Text

The Act of August 25, 1916, entitled "An Act to establish a National Park Service (U.S.C., title 16, secs. 1–4; 39 Stat. 535), and for other purposes,", referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Codification

Section was formerly classified to section 443d of this title.

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

1 See References in Text note below.

§81h. Civil and criminal jurisdiction; legislative authority of State over park

Nothing in this subchapter shall be held to deprive the State of Virginia, or any political subdivision thereof, of its civil and criminal jurisdiction in and over the areas included in said national park, nor shall this subchapter in any way impair or affect the rights of citizenship of any resident therein; and save and except as the consent of the State of Virginia may be hereafter given, the legislative authority of said State in and over all areas included within said national park shall not be diminished or affected by the creation of said national park, nor by the terms and provisions of this subchapter: Provided, That any rules and regulations authorized in section 81g of this title, and in the Act therein referred to,1 shall not apply to any property of a public nature in the city of Williamsburg, other than property of the United States.

(July 3, 1930, ch. 837, §6, 46 Stat. 856; June 5, 1936, ch. 525, §2, 49 Stat. 1483.)

References in Text

The Act referred to in section 81g of this title, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act. See References in Text note set out under section 81g of this title.

Codification

Section was formerly classified to section 443e of this title.

Change of Name

Act June 5, 1936, changed "Colonial National Monument" to "Colonial National Historical Park".

1 See References in Text note below.

§81i. Donation of buildings thereafter revenue producing; disposition of proceeds

In the event that lands and/or buildings, structures, and so forth, within the city of Williamsburg are donated to the United States and are thereafter revenue producing, the United States shall pay in the treasury of the city of Williamsburg 25 per centum of any rentals included in said revenues, and 25 per centum of the net proceeds of any commercial enterprise there conducted by the United States, such payment into the treasury of the city of Williamsburg not to exceed $20,000 in any year.

(July 3, 1930, ch. 837, §7, 46 Stat. 856.)

Codification

Section was formerly classified to section 443f of this title.

§81j. Transfer of lands to Secretary of Navy

The Secretary of the Interior be, and he is, authorized and directed to transfer to the Secretary of the Navy complete control and jurisdiction over a parcel of land within the Colonial National Historical Park, Yorktown, Virginia, described as follows:

Beginning at a point on the existing property line between the United States naval mine depot and the Colonial National Monument Parkway properties, said point being a fence corner seven hundred and sixty-five feet, more or less, southeast of the marine barracks gate; thence south fifty-six degrees thirty-eight minutes east fifty-three and fifteen one-hundredths feet, more or less; thence south fifty degrees sixteen minutes east three hundred and twelve feet, more or less; thence south thirty-nine degrees forty-four minutes west one hundred and twenty-five and seven one-hundredths feet, more or less, to the property line between the United States naval mine depot and the Colonial National Monument Parkway; thence along the said property line north thirty-nine degrees fifty-four minutes west one hundred and twenty-eight and ninety-six one-hundredths feet, more or less; thence continuing along said property line north twenty-eight degrees eighteen minutes west two hundred and fifty-six and fifty-nine one-hundredths feet, more or less, to the point of beginning; containing six hundred and twenty-one one-thousandths of an acre, more or less.

(Dec. 23, 1944, ch. 721, 58 Stat. 923.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

Sewage-Disposal System for Yorktown Area

Act Mar. 29, 1956, ch. 111, 70 Stat. 64, provided for the modernization of the sanitary facilities in the Yorktown area of Colonial National Historical Park, and in anticipation of the 1957 Jamestown-Williamsburg-Yorktown celebration, authorized the Secretary of the Interior to construct, operate, and maintain a sewage-disposal system to serve Federal and non-Federal properties in the Yorktown area.

Temporary Transfer of Jurisdiction of Portion

Act Dec. 24, 1942, ch. 820, 56 Stat. 1085, provided: "That the Secretary of the Interior be, and he is hereby, authorized and directed to transfer to the control and jurisdiction of the Department of the Navy a portion of the Colonial National Historical Park, Yorktown, Virginia, south of Ballards Creek and adjacent to the east boundary of the naval mine depot, containing approximately sixteen acres.

"Sec. 2. The President of the United States is authorized by Executive order to retransfer jurisdiction over the property to the Secretary of the Interior upon his application when, in the judgment of the President, the property has become surplus to the needs of the Department of the Navy, in which event it again shall become a part of the Colonial National Historical Park."

§81k. Exchange of lands

The Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States from the York County School Board, State of Virginia, title to approximately one-half acre of land in Nelson District, York County, Virginia, situated within the authorized boundaries of the Colonial National Historical Park, and in exchange therefor to convey by deed, on behalf of the United States, to the school board approximately one-half acre of land of approximately equal value situated within the Colonial National Historical Park.

(Sept. 23, 1950, ch. 999, 64 Stat. 979.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

§81l. Additional exchange of lands

In order to consolidate Federal holdings in, and to improve, Colonial National Historical Park, the Secretary of the Interior, when he finds that the public interest will be served thereby, is authorized to accept on behalf of the United States from the York County School Board, State of Virginia, the conveyance of any land or interests in land located within the authorized area of the Colonial National Historical Park, together with the structures situated upon such properties, as may be agreed upon by the Secretary and the school board; and, in exchange therefor, to convey on behalf of the United States to the school board not more than fifty-five acres of land or interests in land situated within the Colonial National Historical Park.

(May 13, 1953, ch. 38, 67 Stat. 27.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

§81m. Additional exchange of lands

For the purpose of preserving more effectively for the public benefit the historic properties within Colonial National Historical Park, Virginia, the Secretary of the Interior is authorized to consummate desirable land exchanges, as hereafter prescribed, and thereby to reduce and adjust the boundaries of the park. Any lands eliminated from the park hereunder shall not subsequently be added to the park except by Act of Congress.

In furtherance of these purposes, the Secretary is authorized on behalf of the United States to accept from grantors title to non-Federal land and interests in land, together with the improvements thereon, situated within the authorized park boundaries, and in exchange therefor, to convey by deed on behalf of the United States to the aforesaid grantors land or interests therein, together with the improvements thereon, situated within Colonial National Historical Park that may be used advantageously for exchange purposes. The aforesaid exchanges are authorized to be made without additional compensation by either party to the exchange when the properties to be exchanged are of approximately equal value. When, however, the properties are not of approximately equal value, as may be determined by the Secretary, an additional payment of funds shall be required by the Secretary or by the grantor of non-Federal properties, as the case may be, in order to make an equal exchange. The Secretary is authorized to use any land acquisition funds relating to the National Park System for such purposes. The Secretary may consummate land exchanges herein authorized upon such terms, conditions, and procedures as he may find to be necessary or desirable in carrying out the purposes of this section and section 81n of this title; and in evaluating non-Federal properties to be acquired hereunder, he is authorized to make such allowance as he may find to be equitable for the value of any residential properties that may be situated upon land to be acquired pursuant to this section and section 81n of this title. If expedient and in the public interest to do so, he may assist in the removal of structures from property to be acquired hereunder through the exchange procedure, and he may cooperate with public or private agencies and persons in the securing of housing for the aforesaid grantors who may require new housing accommodations or facilities as a result of the land exchanges herein authorized.

(Mar. 29, 1956, ch. 105, §1, 70 Stat. 61.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

§81n. Transfer of lands for State Park

The Secretary is further authorized to transfer without compensation up to fifteen acres of the Colonial National Historical Park, Virginia, to the Commonwealth of Virginia for use by agencies of the Commonwealth in the establishment of a State Park in furtherance of the purposes of the Colonial National Historical Park.

(Mar. 29, 1956, ch. 105, §2, 70 Stat. 62.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

§81o. Transfer of administrative jurisdiction over land

The Secretary of the Interior may transfer administrative jurisdiction over approximately 0.23 acres of land within Colonial National Historical Park, Virginia, to the Secretary of the Army, and in exchange therefor, he may accept administrative jurisdiction over a like amount of land from the Secretary of the Army, transfer of which is hereby authorized, for the purpose of relocating the Cape Henry Memorial Cross. Land over which jurisdiction is transferred to the Secretary of the Interior shall become part of Colonial National Historical Park, and land over which jurisdiction is transferred to the Secretary of the Army shall become part of Fort Story Military Reservation.

(Pub. L. 99–390, Aug. 23, 1986, 100 Stat. 831.)

Codification

Section was not enacted as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

§81p. Property transfers

(a) Transfer and rights-of-way

The Secretary of the Interior (hereinafter in this section referred to as the "Secretary") is authorized to transfer, without reimbursement, to York County, Virginia, that portion of the existing sewage disposal system, including related improvements and structures, owned by the United States and located within the Colonial National Historical Park, together with such rights-of-way as are determined by the Secretary to be necessary to maintain and operate such system.

(b) Repair and rehabilitation of system

The Secretary is authorized to enter into a cooperative agreement with York County, Virginia, under which the Secretary will pay a portion, not to exceed $110,000, of the costs of repair and rehabilitation of the sewage disposal system referred to in subsection (a) of this section.

(c) Fees and charges

In consideration for the rights-of-way granted under subsection (a) of this section, and in recognition of the National Park Service's contribution authorized under subsection (b) of this section, the cooperative agreement under subsection (b) of this section shall provide for a reduction in, or the elimination of, the amounts charged to the National Park Service for its sewage disposal. The cooperative agreement shall also provide for minimizing the impact of the sewage disposal system on the park and its resources. Such system may not be enlarged or substantially altered without National Park Service concurrence.

(d) Inclusion of land in Colonial National Historical Park

Notwithstanding the provisions of sections 81b and 81d of this title, limiting the average width of the Colonial Parkway, the Secretary of the Interior is authorized to include within the boundaries of Colonial National Historical Park and to acquire by donation, exchange, or purchase with donated or appropriated funds the lands or interests in lands (with or without improvements) within the areas depicted on the map dated August 1996, numbered 333/80031B, and entitled "Page Landing Addition to Colonial National Historical Park". Such map shall be on file and available for inspection in the offices of the National Park Service at Colonial National Historical Park and in Washington, District of Columbia.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 104–333, div. I, title II, §211, Nov. 12, 1996, 110 Stat. 4109; Pub. L. 106–113, div. B, §1000(a)(3) [title I, §122], Nov. 29, 1999, 113 Stat. 1535, 1501A–159; Pub. L. 106–176, title I, §102, Mar. 10, 2000, 114 Stat. 25.)

Codification

Section was enacted as part of the Omnibus Parks and Public Lands Management Act of 1996, and not as part of act July 3, 1930, ch. 837, 46 Stat. 855, which comprises this subchapter.

Amendments

2000—Subsec. (d). Pub. L. 106–176 directed amendment identical to amendment by Pub. L. 106–113. See 1999 Amendment note below.

1999—Subsec. (d). Pub. L. 106–113 substituted "depicted on the map dated August 1996, numbered 333/80031B," for "depicted on the map dated August 1993, numbered 333/80031A,".

SUBCHAPTER X—NORTH CASCADES NATIONAL PARK

§90. Establishment; statement of purposes; description of area

In order to preserve for the benefit, use, and inspiration of present and future generations certain majestic mountain scenery, snow fields, glaciers, alpine meadows, and other unique natural features in the North Cascade Mountains of the State of Washington, there is hereby established, subject to valid existing rights, the North Cascades National Park (hereinafter referred to in this subchapter as the "park"). The park shall consist of the lands, waters, and interests therein within the area designated "national park" on the map entitled "Proposed Management Units, North Cascades, Washington," numbered NP–CAS–7002, and dated October 1967. The map shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior, and in the office of the Chief, Forest Service, Department of Agriculture.

(Pub. L. 90–544, title I, §101, Oct. 2, 1968, 82 Stat. 926.)

Short Title of 1988 Amendment

Pub. L. 100–668, §1, Nov. 16, 1988, 102 Stat. 3961, provided: "That this Act [enacting section 110c of this title, amending sections 90b, 90c–1, 90d–4, 251n, 256b, 256c, and 1274 of this title, and enacting provisions listed in a table of Wilderness Areas set out under section 1132 of this title and provisions set out as a note under section 251n of this title] may be cited as the 'Washington Park Wilderness Act of 1988'."

Dedication of Park to Senator Henry M. Jackson

Pub. L. 100–85, Aug. 10, 1987, 101 Stat. 551, provided: "That the North Cascades National Park, Washington, is hereby dedicated to Senator Henry M. Jackson in recognition of his leadership in establishing the North Cascades National Park, his outstanding contributions to the National Park System, the National Wilderness Preservation System, and to the protection and preservation of our great natural resources for the benefit of the people of the United States for all time.

"Sec. 2. In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including, but not limited to changes in existing signs, materials, maps, markers, interpretive programs, or other means as will adequately inform the public of the contributions of Henry M. Jackson.

"Sec. 3. The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the boundaries of the North Cascades National Park, an appropriate memorial to Henry M. Jackson. Such memorial shall include but not be limited to an appropriate permanent marker describing the contributions of Henry M. Jackson to the Nation.

"Sec. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act."

§90a. Ross Lake National Recreation Area; establishment; statement of purposes; description of area

In order to provide for the public outdoor recreation use and enjoyment of portions of the Skagit River and Ross, Diablo, and Gorge Lakes, together with the surrounding lands, and for the conservation of the scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Ross Lake National Recreation Area (hereinafter referred to in this subchapter as the "recreation area"). The recreation area shall consist of the lands and waters within the area designated "Ross Lake National Recreation Area" on the map referred to in section 90 of this title.

(Pub. L. 90–544, title II, §201, Oct. 2, 1968, 82 Stat. 927.)

§90a–1. Lake Chelan National Recreation Area; establishment; statement of purposes; description of area

In order to provide for the public outdoor recreation use and enjoyment of portions of the Stehekin River and Lake Chelan, together with the surrounding lands, and for the conservation of the scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Lake Chelan National Recreation Area (hereinafter referred to in this subchapter as the "recreation area"). The recreation area shall consist of the lands and waters within the area designated "Lake Chelan National Recreation Area" on the map referred to in section 90 of this title.

(Pub. L. 90–544, title II, §202, Oct. 2, 1968, 82 Stat. 927.)

Boundary Adjustments, Lake Chelan National Recreation Area and Wenatchee National Forest, Washington

Pub. L. 105–238, §1, Sept. 23, 1998, 112 Stat. 1562, and Pub. L. 105–277, div. A, §101(e) [title III, §342], Oct. 21, 1998, 112 Stat. 2681–231, 2681–296, transferred administrative jurisdiction over part of Lake Chelan National Recreation Area from Secretary of the Interior to Secretary of Agriculture for inclusion in Wenatchee National Forest.

§90b. Land acquisition; authority of Secretary; manner and place; donation of State lands; transfer to administrative jurisdiction of Secretary; elimination of lands from national forests

(a) 1 Within the boundaries of the park and recreation areas, the Secretary of the Interior (hereinafter referred to in this subchapter as the "Secretary") may acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that he may not acquire any such interests within the recreation areas without the consent of the owner, so long as the lands are devoted to uses compatible with the purposes of this subchapter. Lands owned by the State of Washington or any political subdivision thereof may be acquired only by donation. Federal property within the boundaries of the park and recreation areas is hereby transferred to the administrative jurisdiction of the Secretary for administration by him as part of the park and recreation areas. The national forest land within such boundaries is hereby eliminated from the national forests within which it was heretofore located.

(b) The Secretary is hereby authorized to acquire, with the consent of the owner, lands outside of the authorized boundaries of North Cascades National Park Service Complex for the purpose of construction and operation of a backcountry information center not to exceed five acres. The Secretary of the Interior is further authorized to acquire with the consent of the owner, lands for the construction of a headquarters and administrative site or sites, for the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area not to exceed ten acres. The lands so acquired shall be managed as part of the park.

(Pub. L. 90–544, title III, §301, Oct. 2, 1968, 82 Stat. 927; Pub. L. 100–668, title II, §203, Nov. 16, 1988, 102 Stat. 3963.)

Amendments

1988—Subsec. (b). Pub. L. 100–668 added subsec. (b).

Boundary Adjustments for Road

Pub. L. 100–668, title II, §207, as added by Pub. L. 113–291, div. B, title XXX, §3040, Dec. 19, 2014, 128 Stat. 3788, authorized Secretary to adjust boundaries of North Cascades National Park and Stephen Mather Wilderness in order to provide a 100-foot-wide corridor along which the Stehekin Valley Road could be rebuilt and directed that such adjustment be made so that equal acreage amounts would be exchanged, resulting in no net loss of acreage to either the Park or the Wilderness.

1 Subsec. (a) designation editorially supplied.

§90b–1. Exchange of property; cash equalization payments

In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the park and recreation areas and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction in the State of Washington which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

(Pub. L. 90–544, title III, §302, Oct. 2, 1968, 82 Stat. 927.)

§90b–2. Owner's retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right

Any owner of property acquired by the Secretary which on the date of acquisition is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the park or the recreation areas, may, as a condition of such acquisition, retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the owner or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the owner may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the Secretary at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of acquisition. In the event the Secretary terminates a right of use and occupancy under this section, he shall pay to the owner of the right the fair market value of the portion of said right which remains unexpired on the date of termination.

(Pub. L. 90–544, title III, §303, Oct. 2, 1968, 82 Stat. 928.)

§90c. Administration

The Secretary shall administer the park in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented.

(Pub. L. 90–544, title IV, §401, Oct. 2, 1968, 82 Stat. 928.)

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

North Cascades National Park Service Complex Fish Stocking

Pub. L. 113–137, July 25, 2014, 128 Stat. 1741, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'North Cascades National Park Service Complex Fish Stocking Act'.

"SEC. 2. DEFINITIONS.

"In this Act:

"(1) North cascades national park service complex.—The term 'North Cascades National Park Service Complex' means collectively the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area.

"(2) Plan.—The term 'plan' means the document entitled 'North Cascades National Park Service Complex Mountain Lakes Fishery Management Plan and Environmental Impact Statement' and dated June 2008.

"(3) Secretary.—The term 'Secretary' means the Secretary of the Interior.

"SEC. 3. STOCKING OF CERTAIN LAKES IN THE NORTH CASCADES NATIONAL PARK SERVICE COMPLEX.

"(a) In General.—Subject to subsection (b), the Secretary shall authorize the stocking of fish in lakes in the North Cascades National Park Service Complex.

"(b) Conditions.—

"(1) In general.—The Secretary is authorized to allow stocking of fish in not more than 42 of the 91 lakes in the North Cascades National Park Service Complex that have historically been stocked with fish.

"(2) Native nonreproducing fish.—The Secretary shall only stock fish that are—

"(A) native to the slope of the Cascade Range on which the lake to be stocked is located; and

"(B) nonreproducing, as identified in management alternative B of the plan.

"(3) Considerations.—In making fish stocking decisions under this Act, the Secretary shall consider relevant scientific information, including the plan and information gathered under subsection (c).

"(4) Required coordination.—The Secretary shall coordinate the stocking of fish under this Act with the State of Washington.

"(c) Research and Monitoring.—The Secretary shall—

"(1) continue a program of research and monitoring of the impacts of fish stocking on the resources of the applicable unit of the North Cascades National Park Service Complex; and

"(2) beginning on the date that is 5 years after the date of enactment of this Act [July 25, 2014] and every 5 years thereafter, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the research and monitoring under paragraph (1)."

1 See References in Text note below.

§90c–1. Administration of recreation areas

(a) Statement of purposes; utilization of authorities for administration of national park system and for conservation and management of natural resources

The Secretary shall administer the recreation areas in a manner which in his judgment will best provide for (1) public outdoor recreation benefits and (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment. Within that portion of the Lake Chelan National Recreation Area which is not designated as wilderness, such management, utilization, and disposal of renewable natural resources and the continuation of existing uses and developments as will promote, or are compatible with, or do not significantly impair public recreation and conservation of the scenic, scientific, historic, or other values contributing to public enjoyment, are authorized. In administering the recreation areas, the Secretary may utilize such statutory authorities pertaining to the administration of the national park system, and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate for recreation and preservation purposes and for resource development compatible therewith. Within the Ross Lake National Recreation Area the removal and disposal of trees within power line rights-of-way are authorized as necessary to protect transmission lines, towers, and equipment;": 1 Provided, That to the extent practicable, such removal and disposal of trees shall be conducted in such a manner as to protect scenic viewsheds.

(b) Lands withdrawn from location, entry, and patent under mining laws; removal of minerals

The lands within the recreation areas, subject to valid existing rights, are hereby withdrawn from all forms of appropriation or disposal under the public land laws, including location, entry, and patent under the United States mining laws, and disposition under the United States mineral leasing laws: Provided, however, That within that portion of the Lake Chelan National Recreation Area which is not designated as wilderness, sand, rock and gravel may be made available for sale to the residents of Stehekin for local use so long as such sale and disposal does not have significant adverse effects on the administration of the Lake Chelan National Recreation Area.

(c) Receipts, disposition

All receipts derived from permits and leases issued on lands or interests in lands within the recreation areas under the Mineral Leasing Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], or the Acquired Lands Mineral Leasing Act of August 7, 1947 [30 U.S.C. 351 et seq.], shall be disposed of as provided in the applicable Act; and receipts from the disposition of nonleasable minerals within the recreation areas shall be disposed of in the same manner as moneys received from the sale of public lands.

(d) Hunting and fishing

The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the recreation areas in accordance with applicable laws of the United States and of the State of Washington, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the Department of Game of the State of Washington.

(e) Road construction or use restrictions

The Secretary shall not permit the construction or use of any road within the park which would provide vehicular access from the North Cross State Highway to the Stehekin Road. Neither shall he permit the construction or use of any permanent road which would provide vehicular access between May Creek and Hozomeen along the east side of Ross Lake.

(Pub. L. 90–544, title IV, §402, Oct. 2, 1968, 82 Stat. 928; Pub. L. 100–668, title II, §§205, 206, Nov. 16, 1988, 102 Stat. 3964.)

References in Text

The Mineral Leasing Act of February 25, 1920, as amended, referred to in subsec. (c), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§181 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

The Acquired Lands Mineral Leasing Act of August 7, 1947, referred to in subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as amended, which is classified generally to chapter 7 (§351 et seq.) of Title 30. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables.

Amendments

1988—Subsec. (a). Pub. L. 100–668, §205, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary shall administer the recreation areas in a manner which in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of renewable natural resources and the continuation of such existing uses and developments as will promote or are compatible with, or do not significantly impair, public recreation and conservation of the scenic, scientific, historic, or other values contributing to public enjoyment. In administering the recreation areas, the Secretary may utilize such statutory authorities pertaining to the administration of the national park system, and such statutory authorities otherwise available to him for the conservation and management of natural resources as he deems appropriate for recreation and preservation purposes and for resource development compatible therewith."

Subsec. (b). Pub. L. 100–668, §206, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The lands within the recreation areas, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary, under such reasonable regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interest in lands within the recreation areas in the manner prescribed by section 387 of title 43, and he may permit the removal of leasable minerals from lands or interests in lands within the recreation areas in accordance with the Mineral Leasing Act of February 25, 1920, as amended, or the Acquired Lands Mineral Leasing Act of August 7, 1947, if he finds that such disposition would not have significant adverse effects on the administration of the recreation areas."

1 So in original.

§90d. Distributive share of counties of receipts for schools and roads unaffected

The distributive shares of the respective counties of receipts from the national forests from which the national park and recreation areas are created, as paid under the provisions of section 500 of this title, shall not be affected by the elimination of lands from such national forests by the enactment of this subchapter.

(Pub. L. 90–544, title V, §501, Oct. 2, 1968, 82 Stat. 929.)

§90d–1. Contracts, leases, permits, or licenses for occupation or use of Federal lands in the park or recreation areas; continuation of privileges for original or extended term

Where any Federal lands included in the park or recreation areas are legally occupied or utilized on October 2, 1968, for any purpose, pursuant to a contract, lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the Secretary shall permit the persons holding such privileges to continue in the exercise thereof, subject to the terms and conditions thereof, for the remainder of the term of the contract, lease, permit, or license or for such longer period of time as the Secretary deems appropriate.

(Pub. L. 90–544, title V, §502, Oct. 2, 1968, 82 Stat. 929.)

§90d–2. State rights or privileges in property within recreation area used for certain highway unaffected

Nothing in this subchapter shall be construed to affect adversely or to authorize any Federal agency to take any action that would affect adversely any rights or privileges of the State of Washington in property within the Ross Lake National Recreation Area which is being utilized for the North Cross State Highway.

(Pub. L. 90–544, title V, §503, Oct. 2, 1968, 82 Stat. 929.)

§90d–3. Administration of areas designated for public use facilities or for administrative purposes by Secretaries of the Interior and Agriculture; plan for construction of such facilities

Within two years from October 2, 1968, the Secretary of the Interior and the Secretary of Agriculture shall agree on the designation of areas within the park or recreation areas or within national forests adjacent to the park and recreation areas needed for public use facilities and for administrative purposes by the Secretary of Agriculture or the Secretary of the Interior, respectively. The areas so designated shall be administered in a manner that is mutually agreeable to the two Secretaries, and such public use facilities, including interpretive centers, visitor contact stations, lodges, campsites, and ski lifts, shall be constructed according to a plan agreed upon by the two Secretaries.

(Pub. L. 90–544, title V, §504, Oct. 2, 1968, 82 Stat. 930.)

§90d–4. Federal Power Act administrative jurisdiction unaffected

Nothing in this subchapter shall be construed to supersede, repeal, modify, or impair the jurisdiction of the Federal Power Commission under the Federal Power Act (41 Stat. 1063), as amended [16 U.S.C. 791a et seq.], in the lands and waters within the Skagit River Hydroelectric Project, Federal Energy and Regulatory Commission Project 553, including the proposed Copper Creek, High Ross, and Thunder Creek elements of the Project; and the Newhalem Project, Federal Energy and Regulatory Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters within the Lake Chelan Project, Federal Energy and Regulatory Commission Project 637; the Company Creek small hydroelectric project at Stehekin within the Lake Chelan National Recreation Area; and existing hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein.

(Pub. L. 90–544, title V, §505, Oct. 2, 1968, 82 Stat. 930; Pub. L. 100–668, title II, §202, Nov. 16, 1988, 102 Stat. 3963.)

References in Text

The Federal Power Act, referred to in text, is act June 20, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

Amendments

1988—Pub. L. 100–668 substituted "in the lands and waters within the Skagit River Hydroelectric Project, Federal Energy and Regulatory Commission Project 553, including the proposed Copper Creek, High Ross, and Thunder Creek elements of the Project; and the Newhalem Project, Federal Energy and Regulatory Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters within the Lake Chelan Project, Federal Energy and Regulatory Commission Project 637; the Company Creek small hydroelectric project at Stehekin within the Lake Chelan National Recreation Area; and existing hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein" for "in the recreation areas".

Transfer of Functions

Federal Power Commission terminated and functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.

§90d–5. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter, but not more than $4,500,000 shall be appropriated for the acquisition of lands or interest in lands.

(Pub. L. 90–544, title V, §506, Oct. 2, 1968, 82 Stat. 930; Pub. L. 94–578, title I, §101(9), Oct. 21, 1976, 90 Stat. 2732.)

Amendments

1976—Pub. L. 94–578 substituted "$4,500,000" for "$3,500,000".

§90e. Pasayten Wilderness, Okanogan and Mount Baker National Forests; designation; abolition of North Cascades Primitive Area classification

(a) In order to further the purposes of the Wilderness Act [16 U.S.C. 1131 et seq.], there is hereby designated, subject to valid existing rights, the Pasayten Wilderness within and as a part of the Okanogan National Forest and the Mount Baker National Forest, comprising an area of about five hundred thousand acres lying east of Ross Lake, as generally depicted in the area designated as "Pasayten Wilderness" on the map referred to in section 90 of this title.

(b) The previous classification of the North Cascades Primitive Area is hereby abolished.

(Pub. L. 90–544, title VI, §601, Oct. 2, 1968, 82 Stat. 930.)

References in Text

The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

§90e–1. Glacier Peak Wilderness, Wenatchee and Mount Baker National Forests; extension of boundaries

The boundaries of the Glacier Peak Wilderness, an area classified as such more than thirty days before the effective date of the Wilderness Act [16 U.S.C. 1131 et seq.] and being within and a part of the Wenatchee National Forest and the Mount Baker National Forest, subject to valid existing rights, are hereby extended to include portions of the Suiattle River corridor and the White Chuck River corridor on the western side thereof, comprising areas totaling about ten thousand acres, as depicted in the area designated as "Additions to Glacier Peak Wilderness" on the map referred to in section 90 of this title.

(Pub. L. 90–544, title VI, §602, Oct. 2, 1968, 82 Stat. 930.)

References in Text

The Wilderness Act, referred to in text, is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

Effective date of the Wilderness Act, referred to in text, means the date of enactment, Sept. 3, 1964, of such act.

§90e–2. Map and legal description, filing with Congressional committees; correction of errors; applicability of Wilderness Act

(a) As soon as practicable after October 2, 1968, the Secretary of Agriculture shall file a map and legal description of the Pasayten Wilderness and of the Glacier Peak Wilderness, as hereby modified, with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and such descriptions shall have the same force and effect as if included in this subchapter: Provided, however, That correction of clerical or typographical errors in such legal descriptions and maps may be made.

(b) Upon the filing of the legal descriptions and maps as provided for in subsection (a) of this section the Pasayten Wilderness and the additions to the Glacier Peak Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] and thereafter shall be subject to the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this subchapter.

(Pub. L. 90–544, title VI, §603, Oct. 2, 1968, 82 Stat. 930; Pub. L. 103–437, §6(e), Nov. 2, 1994, 108 Stat. 4585.)

References in Text

The Wilderness Act, referred to in subsec. (b), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

Effective date of the Wilderness Act, referred to in subsec. (b), means the date of enactment, Sept. 3, 1964, of such Act.

Effective date of this subchapter, referred to in subsec. (b), means the date of enactment, Oct. 2, 1968, of this subchapter.

Amendments

1994—Subsec. (a). Pub. L. 103–437 substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Interior and Insular Affairs Committees of the United States Senate and House of Representatives".

§90e–3. Area review; report to the President

Within two years from October 2, 1968, the Secretary of the Interior shall review the area within the North Cascades National Park, including the Picket Range area and the Eldorado Peaks area, and shall report to the President, in accordance with section 1132(c) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the park for preservation as wilderness, and any designation of any such area as a wilderness area shall be accomplished in accordance with said section 1132(c) and (d).

(Pub. L. 90–544, title VI, §604, Oct. 2, 1968, 82 Stat. 931.)

SUBCHAPTER XI—MOUNT RAINIER NATIONAL PARK

§91. Establishment; boundaries; trespassers

All those certain tracts, pieces, or parcels of land lying and being in the State of Washington, and within the boundaries particularly described as follows, to wit: Beginning at a point three miles east of the northeast corner of township numbered 17 north, of range 6 east of the Willamette meridian; thence south through the central parts of townships numbered 17, 16, and 15 north, of range 7 east of the Willamette meridian, 18 miles more or less, subject to the proper easterly or westerly offsets, to a point three miles east of the northeast corner of township numbered 14 north, of range 6 east of the Willamette meridian; thence east on the township line between townships numbered 14 and 15 north, 18 miles more or less to a point 3 miles west of the northeast corner of township 14 north, of range 10 east of the Willamette meridian; thence northerly subject to the proper easterly or westerly offsets, 18 miles more or less, to a point 3 miles west of the northeast corner of township numbered 17 north of range 10 east of the Willamette meridian (but in locating said easterly boundary, wherever the summit of the Cascade Mountains is sharply and well defined, the said line shall follow the said summit, where the said summit line bears west of the easterly line as herein determined); thence westerly along the township line between said townships numbered 17 and 18 to the place of beginning, are dedicated and set apart as a public park to be known and designated as the Mount Rainier National Park, 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 hereafter provided, shall be considered trespassers and be removed therefrom.

(Mar. 2, 1899, ch. 377, §1, 30 Stat. 993.)

Short Title

Pub. L. 108–312, §1, Oct. 5, 2004, 118 Stat. 1194, provided that: "This Act [enacting section 110d of this title and provisions set out as a note under section 110d of this title] may be cited as the 'Mount Rainier National Park Boundary Adjustment Act of 2004'."

§92. Control; regulations; grants for buildings; rights-of-way; fish and game; removal of trespassers

Mount Rainier National Park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to make and publish, as soon as practicable, 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 or spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and their retention in their natural condition. The Secretary may, in his discretion, grant parcels of ground at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases, and all other revenues that may be derived from any source connected with said park, to be expended under his direction in the management of the same, and the construction of roads and bridle paths therein. And through the lands of the Pacific National Forest adjoining said park rights-of-way are hereby granted, under such restrictions and regulations as the Secretary of the Interior may establish, to any railway or tramway company or companies, through the lands of said Pacific National Forest, and also into said park created by section 91 of this title, for the purpose of building, constructing, and operating a railway, constructing and operating a railway or tramway line or lines, through said lands, also into said park. 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 after the passage of sections 91, 92, and 93 of this title to be removed therefrom, and generally shall be authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of sections 91, 92 and 93 of this title.

(Mar. 2, 1899, ch. 377, §2, 30 Stat. 994.)

Codification

"Pacific National Forest" was substituted for "Pacific 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.

Repeals

Repeal of provisions of this section relating to granting rights-of-way to railway or tramway companies for purpose of building and operating a railway or tramway, so far as they relate to lands within Mount Rainier National Park, see section 92a of this title.

§92a. Rights-of-way for railways, tramways, and cable lines

The provisions of section 92 of this title, granting rights-of-way, under such restrictions and regulations as the Secretary of the Interior may establish, to any railway or tramway company or companies for the purpose of building, constructing, and operating a railway, constructing and operating a railway or tramway line or lines, so far as the same relate to lands within the Mount Rainier National Park, Washington, are repealed: Provided, however, That nothing herein shall be construed so as to prohibit the Secretary of the Interior from authorizing the use of land in said park under contract, permit, lease, or otherwise for the establishment and operation thereon of a tramway or cable line, or lines, for the accommodation or convenience of visitors and others.

(Jan. 26, 1931, ch. 47, §6, 46 Stat. 1044.)

§93. Grant of prior lands to Northern Pacific Railroad; lieu lands to settlers

Upon execution and filing with the Secretary of the Interior, by the Northern Pacific Railroad Company, of proper deed releasing and conveying to the United States the lands in Mount Rainier National Park, also the lands in the Pacific National Forest which have been heretofore granted by the United States to said company, whether surveyed or unsurveyed, and which lie opposite said company's constructed road, said company is authorized to select an equal quantity of nonmineral public lands, so classified as nonmineral at the time of actual Government survey, which has been or shall be made, of the United States not reserved and to which no adverse right or claim shall have attached or have been initiated at the time of the making of such selection, lying within any State into or through which the railroad of said Northern Pacific Railroad Company runs, to the extent of the lands so relinquished and released to the United States. Any settlers on lands in said national park may relinquish their rights thereto and take other public lands in lieu thereof, to the same extent and under the same limitations and conditions as are provided by law for national forests and national parks.

(Mar. 2, 1899, ch. 377, §3, 30 Stat. 994.)

Codification

"Pacific National Forest" and "national forests" substituted in text for "Pacific Forest Reserve" and "forest reserves", respectively, on authority of