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TITLE 16.—CONSERVATION

Chapter 1.-THE NATIONAL PARKS, MILITARY PARKS, AND MONUMENTS.

THE NATIONAL PARK SERVICE

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Section 3. Same; rules and regulations; timber; privileges, leases and permits.-* And provided further, That the Secretary of the Interior may grant said privileges, leases, and permits and enter into contracts relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids: And provided further, That no contract, lease, permit, or privilege granted shall be assigned or transferred by such grantees, permittees, or licensees, without the approval of the Secretary of the Interior first obtained in writing: And provided further, That the Secretary may, in his discretion, authorize such grantees, permittees, or licensees to execute mortgages and issue bonds, shares of stock, and other evidences of interest in or indebtedness upon their rights, properties, and franchises, for the purposes of installing, enlarging, or improving plant and equipment and extending facilities for the accommodation of the public within such national parks and monuments. (As amended Mar. 7, 1928, c. 137, § 1, 45 Stat. 235.)

14. Appropriations; availability where charge made for camp-ground privileges. None of the appropriations for the National Park Service shall be available for expenditure within any park or national monument wherein a charge is made or collected by the Park Service for camp-ground privileges. (Mar. 7, 1928, с. 137, § 1, 45 Stat. 238; Mar. 4, 1929, с. 705, § 1, 45 Stat. 1602.)

The Acts cited to the text are the Interior Department Appropriation Acts.

15. Appropriations for purchase of equipment; waterproof footwear.-Appropriations whenever made for the National Park Service which are available for the purchase of equipment may be used for purchase of waterproof footwear which shall be regarded and listed as park equipment. (Mar. 7, 1928, c. 137, § 1, 45 Stat. 238.)

The Act cited to the text is the Interior Department Appropriation Act.

16. Central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution. The Secretary of the Interior, in his administration of the national parks and national monuments, is authorized to maintain central warehouses at said parks and monuments, and appropriaThe Act cited to the text is the Interior Department Appropria- tions made for the administration, protection, maintenance, and the expense of travel can be reduced thereby: Provided, That reimbursement to be made from any available funds in the aphe may authorize not to exceed 10 cents per mile for an auto-propriation to which the hire of such equipment would be propmobile used in localities where poor road conditions or high cost erly chargeable. (May 26, 1930, с. 324, § 7, 46 Stat. 382.)

tion Act.

The amendment added the three provisos set out above at the end of the section.

★4. Rights of way through public lands.—

"420" in last line of this section should read "522." There should probably be added to this section the following clause "and section 959 of Title 43, PUBLIC LANDS."

11. Medical attention for employees. The Secretary of the Interior in his administration of the National Park Service is authorized to contract for medical attention and service for employees and to make necessary pay-roll deductions agreed to by the employees therefor. (May 10, 1926, с. 277, § 1, 44 Stat. 491.)

The Act cited to the text is the Interior Department Appropriation Act.

12. Aid to visitors in emergencies. The Secretary of the Interior is hereby authorized to aid and assist visitors within the national parks or national monuments in emergencies and when no other source is available for the procurement of food or supplies, by the sale, at cost, of food or supplies in quantities sufficient to enable them to reach safely a point where such food or supplies can be purchased: Provided, That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of such deposit and shall be available for the purchase of similar food or supplies. (July 3, 1926, с. 792, § 1, 44 Stat. 900.)

The Act cited to the text was entitled "An Act to facilitate and simplify the work of the National Park Service, United States Department of the Interior, and for other purposes.”

13. Medical attention to employees at isolated places; removal of bodies for burial. The Secretary of the Interior, in his discretion, is authorized to provide, out of moneys appropriated for the general expense of the several national parks and national monuments, medical attention for employees of the National Park Service located at isolated situations, including the moving of such employees to hospitals or other places where medical assistance is available, and in case of death to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial. (July 3, 1926, c. 792, § 2, 44 Stat. 900.)

For title of Act see note to § 12.

improvement of the said parks and monuments shall be available for the purchase of supplies and materials to be kept in said central warehouses for distribution at cost, including transportation and handling, to projects under specific appropriations, and transfers between the various appropriations made for the national parks and national monuments are hereby authorized for the purpose of charging the cost of supplies and materials, including transportation and handling, drawn from central warehouses maintained under this authority to the particular appropriation benefited; and such supplies and materials as remain therein at the end of any fiscal year shall be continuously available for issuance during subsequent fiscal years and to be charged for by such transfers of funds between appropriations made for the administration, protection, maintenance, and improvement of said parks and monuments for the fiscal year then current without decreasing in any way the appropriations made for that fiscal year: Provided, That supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stock beyond reasonable requirements for any current fiscal year. (Apr. 18, 1930, c. 187, 46 Stat. 219.)

The Act cited to the text was entitled "An Act to authorize the maintenance of central warehouses in national parks and national monuments and authorizing appropriations for the purchase of supplies and materials to be kept in said warehouses."

17. Personal equipment and supplies for employees; purchase by Secretary of Interior; deductions from moneys due employees. -The Secretary of the Interior is authorized to purchase personal equipment and supplies for employees of the National Park Service, and to make deductions therefor from moneys appropriated for salary payments or otherwise due such employees. (May 26, 1930, с. 324, § 1, 46 Stat. 381.)

The Act cited to the text was entitled "An Act to facilitate the administration of the national parks by the United States Department of the Interior, and for other purposes."

17a. Travel on official business; allowances authorized; motor cycles and automobiles. The Secretary of the Interior, in his administration of the National Park Service, may authorize the payment of not to exceed 3 cents per mile for a motor cycle or 7 cents per mile for an automobile used for official business, including travel at official stations, when, in his judgment, of motor supplies prevail and he finds that the average cost to the operator is in excess of 7 cents per mile: Provided further,

That he may authorize the payment of toll and ferry charges, storage, and towage for such automobiles in addition to mileage allowances. (May 26, 1930, с. 324, § 2, 46 Stat. 382.)

For title of Act see note to § 17.

17b. Services or other accommodations for public; contracts; rates. The Secretary of the Interior is authorized to contract for services or other accommodations provided in the national parks and national monuments for the public under contract with the Department of the Interior, as may be required in the administration of the National Park Service, at rates approved by him for the furnishing of such services or accommodations to the Government and without compliance with the provisions of section 5 of Title 41. (May 26, 1930, с. 324, § 3, 46 Stat. 382.)

For title of Act see note to § 17.

17c. Procurement of supplies, materials and special services to aid permittees and licensees in emergencies; authority of Secretary of Interior.—The Secretary of the Interior is authorized in emergencies when no other source is available for the immediate procurement of supplies, materials, or special services, to aid and assist grantees, permittees, or licensees conducting operations for the benefit of the public in the national parks and national monuments by the sale at cost, including transportation and handling of such supplies, materials, or special services as may be necessary to relieve the emergency and insure uninterrupted service to the public: Provided, That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of such deposit, and shall be available for expenditure for national park and national monument purposes. (May 26, 1930, с. 324, § 4, 46 Stat. 382.)

For title of Act see note to § 17.

17d. Traveler's checks and other forms of money equivalent; acceptance in payment of automobile license fees, etc. The provisions of section 543 of Title 31 shall not be construed so as to prohibit the cashing of traveler's checks or other forms of money equivalent in customary use by travelers, exclusive of personal checks, when tendered in payment of automobile license fees charged at national parks under the jurisdiction of the Secretary of the Interior, or other collections made within the national parks or national monuments. (May 26, 1930, с. 324, § 5, 46 Stat. 382.)

For title of Act see note to § 17.

17e. Care and removal of indigents; disposition of dead persons. The Secretary of the Interior is authorized, in his discretion, to provide, out of moneys appropriated for the general expenses of the several national parks, for the temporary care and removal from the park of indigents, and in case of death to provide for their burial, in those national parks not under local jurisdiction for these purposes, this section in no case to authorize transportation of such indigent or dead for a

For title of Act see note to § 17.

17g. Equipment required by field employees; by whom furnished and maintained. - The Secretary of the Interior may require field employees of the National Park Service to furnish horses, motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and he may provide, at Government expense, forage, care, and housing for animals, and housing or storage and fuel for vehicles and other equipment so required to be furnished. (May 26, 1930, c. 324, § 8, 46 Stat. 383.)

For title of Act see note to § 17.

17h. Hire, rental, and purchase of property of employees; when authorized. The Secretary of the Interior may, under such regulations as he may prescribe, authorize the hire, rental, or purchase of property from employees of the National Park Service whenever the public interest will be promoted thereby. (May 26, 1930, с. 324, § 9, 46 Stat. 383.)

For title of Act see note to § 17.

17i. Hire of work animals, vehicles and equipment with or without personal services; rates. The National Park Service may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary of the Interior and without compliance with the provisions of sections 5 and 16 of Title 41. (May 26, 1930, с. 324, § 10, 46 Stat. 383.)

For title of Act see note to § 17.

17j. Appropriations for National Park Service; use for payment of traveling expenses of employees.-Appropriations whenever made for the National Park Service which are available for general administration may be used for the payment of traveling expenses, including the costs of packing, crating, and transportation (including drayage) of personal effects of

employees upon permanent change of station, under regulations to be prescribed by the Secretary of the Interior. (May 26, 1930, с. 324, § 11, 46 Stat. 383.)

For title of Act see note to § 17.
YELLOWSTONE NATIONAL PARK

21. Yellowstone Park; establishment.

The boundaries of Yellowstone National Park have been reviseď by § 21a of this title.

21a. Same; revision of boundaries; contiguous national forests; jurisdiction of forests; roads, hotels and camps. The boundary of the Yellowstone National Park is hereby 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

distance of more than fifty miles from the national park. southerly along said boundary line to its intersection with the

(May 26, 1930, с. 324, §. 6, 46 Stat. 382.)

For title of Act see note to § 17.

17f. Property of employee lost, damaged or destroyed while in use on official business; reimbursement of employee. -The Secretary of the Interior in his administration of the National Park Service is authorized to reimburse employees and other owners of horses, vehicles, and other equipment lost, damaged, or destroyed while in the custody of such employee or the Department of the Interior, under authorization, contract, or loan, for necessary fire fighting, trail, or other official business, such

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 contin

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, c. 437, § 4, 45 Stat. 1436.)

For title of Act see note to § 21a.

★27. Same; commissioner; jurisdiction and powers of."circuit" in line 24 of this section should read "district."

uing 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 | deposited in the Treasury of the United States as miscellaneous

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

36a. Same; 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

receipts. (Mar. 4, 1929, с. 707, 45 Stat. 1644.)

The Act cited to the text is the Second Deficiency Appropriation Act.

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 hereby,

"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 bound- | authorized to perform the following acts:

ary 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 hereby 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 hereby 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 hereby, ceded over the land hereby excluded from the park to the State of Wyoming." (Mar. 1, 1929, с. 437, § 1, 45 Stat. 1435, as amended Apr. 19, 1930, с. 190, 46 Stat. 220.)

Act Mar. 1, 1929, с. 437, cited to the text, was entitled "An Act to revise the north, northeast, and east boundaries of the Yellowstone National Park in the States of Montana and Wyoming and for other purposes."

The amendment struck out the proviso at the end of the section.

21b. Same; extension of certain laws to park. The provisions of section 21 of this title, reserving lands for park purposes, the Act of July 10, 1890, admitting the State of Wyoming

into the Union, and sections 1 to 4 and 24 to 32 of this title are made applicable to and extended over the lands hereby added to the park: Provided, That the provisions of sections 791 to 823 of this title shall not apply to or extend over such lands.

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

For title of Act see note to § 21a.

21c. Same; section 485 as extending to revised boundaries; lands acquired by exchange. The provisions of section 485 of Title 16, 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, с. 437, § 3, 45 Stat. 1436.)

For title of Act see note to § 21a.

(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 this section and sections 38, 39, and 40 of this title. (May 26, 1926, c. 399, § 1, 44 Stat. 655.)

The Act cited to the text was entitled "An Act to make additions to the Absaroka and Gallatin National Forests, and the Yellowstone National Park, and to improve and extend the winter feed facilities of the elk, antelope, and other game animals of Yellowstone National Park and adjacent land, and for other purposes."

Sections 4 and 5 of said Act are not carried into this Supplement as they provide merely for the addition of lands to Absaroka National Forest, Mont., and Gallatin National Forest, Mont., and the legislation affecting these two forests are not in the Code.

38. Exchange for State or private lands authorized. The Secretary of the Interior is hereby 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 herein above described, 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 the Interior and the Secretary of Agriculture jointly: 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

21d. Same; existing claims, locations and entries as affected by sections 21a to 21c. Nothing contained in sections 21a to 21c of this title shall affect any valid existing claim, location, the Secretary of Agriculture. (May 26, 1926, с. 399, § 2, 44

or entry under the land laws of the United States, whether || Stat. 655.)

for homestead, mineral right of way, or any other purposes

See note to § 37.

11319°-30-10

44. Lands set aside as reserved forest lands.This section is affected by § 45a of this title.

45. Additional forest reserves in California.This section is affected by § 45a of this title.

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 | boundaries of the Sequoia National Park, California, are hereby 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, с. 399, § 3, 44 Stat. 656.)

See note to § 37.

40. Additions to park; entry under other Acts. The President of the United States is hereby 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 еxсерtion 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 sections 506 to 509 of this title, authorizing homestead entries in national forests. (May 26, 1926, c. 399, § 6, 44 Stat. 656.)

See note to § 37.

45a. Sequoia National Park; revision of boundaries. The

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 [Fork] 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 KingsKern Divide to a junction with the crest of the Great Western Divide at Thunder Mountain (United States Geological Survey

SEQUOIA, YOSEMITE, AND GENERAL GRANT NATIONAL bench mark thirteen thousand five hundred and seventy-eight

PARKS

41. Sequoia National Park.

This section is affected by § 45a of this title.

★ 42. Same; donations of lands or rights of way.

This section appears to be superseded by § 6 of this title. 43. Same; rules and regulations; leases; fish and game; trespassers.—

This section is affected by § 45b of this title.

★"42" in next to the last line of this section should read "41."

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 ❘ to be prescribed by him, grazing permits and authorize the with Cactus Creek; thence easterly along the first hydrographic grazing of livestock on the lands within said park at fees not 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 hereby 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 hereby 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, с. 744, § 1, 44 Stat. 818.)

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: Pro|vided, 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 herein constituted, shall be granted or made without specific authority of Congress. (July 3, 1926, c. 744, § 3, 44 Stat. 820.)

The Act cited to the text was entitled "An Act to revise the boundary of the Sequoia National Park, California."

For § 6 of Act July 3, 1926, establishing a game preserve, see § 688.

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 sections 45a to 45e of this title. 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 hereby authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of said sections. 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, c. 744, § 2, 44 Stat. 820.)

See note to § 45a.

45c. Prior claims, locations, and entries; permits for use of natural resources.—Nothing contained in section 45a or 45b of this title shall affect any valid existing claim, location, or entry heretofore established 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

See note to § 45a.

45d. Exclusive privileges 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, c. 744, § 4, 44 Stat. 820.)

See note to § 45a.

45e. Violations; penalty. Any person found guilty of violating any of the provisions of sections 45a to 45e of this title 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, с. 744, § 5, 44 Stat. 820.)

See note to § 45a.

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

"45" in line 3 of this section should read "44."

47a. Same; 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 hereby 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, с. 234, § 1, 46 Stat. 265.)

47b. Same; inapplicability of certain laws to lands acquired under section 47a. The provisions of sections 791 to 823 of this title, shall not apply to any lands added to the Yosemite National Park under the authority of section 47a of this title. (May 9, 1930, с. 234, § 2, 46 Stat. 265.)

47c. Same; 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 hereby 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, с. 498, 45 Stat. 1486.)

The Act cited to the text was entitled "An Act to provide for the preservation and consolidation of certain timber stands along the western boundary of the Yosemite National Park, and for other purposes."

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