§393. Entries under land laws; rights-of-way; lands excluded

Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States prior to August 1, 1916, 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. Whenever consistent with the primary purposes of the park, section 79 of this title shall be applicable to the lands included within the park. The Secretary of the Interior may, in his discretion and upon such conditions as he may deem wise, grant easements or rights-of-way for steam, electric, or similar transportation upon or across the park. No lands located within the park boundaries held in private or municipal ownership prior to August 1, 1916, shall be affected by or subject to the provisions of this section and sections 391 and 394 of this title.

(Aug. 1, 1916, ch. 264, §§2, 3, 39 Stat. 433 , 434.)

References in Text

Herein, referred to in text, means act Aug. 1, 1916, which is classified to sections 391, 393 and 394 of this title. For complete classification of this Act to the Code, see Tables.

The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.

Section 79 of this title, referred to in text, was in the original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790 . For further details, see Codification note set out under section 79 of this title.

Codification

Section is a combination of sections 2 and 3 of act Aug. 1, 1916, all but the last sentence being derived from section 2.

Haleakala National Park

Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala National Park, effective July 1, 1961, see section 396b of this title.

Cross References

Issuance of licenses to citizens or associations or corporations for purpose of constructing, operating, and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, etc., upon any part of the public lands or reservations of United States, see section 797 of this title.

Section Referred to in Other Sections

This section is referred to in sections 391b–1, 391c, 391d of this title.