Page 43 TITLE 16—CONSERVATION § 45a of Mount Diablo meridian, is reserved and with- range 30 east of the Mount Diablo base and me- drawn from settlement, occupancy, or sale ridian, , thence easterly along the under the laws of the United States, and dedi- present south boundary of Sequoia National cated and set apart as a public park, or pleasure Park to its intersection with the hydrographic ground, for the benefit and enjoyment of the divide between the headwaters of South Fort 1 people; and all persons who shall locate or settle Kaweah River and the headwaters of that branch upon, or occupy the same or any part thereof ex- of Little Kern River known as Pecks Canyon; cept as provided in section 43 of this title, shall thence southerly and easterly along the crest of be considered trespassers and removed there- the hydrographic divide between Pecks Canyon from. and Soda Creek to its intersection with a lateral divide at approximately the east line of section (Sept. 25, 1890, ch. 926, § 1, 26 Stat. 478.) 2, township 19 south, range 31 east; thence § 42. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. northeasterly along said lateral divide to its 1028 intersection with the township line near the southeast corner of township 18 south, range 31 Section, act July 1, 1916, ch. 209, § 1, 39 Stat. 308, relat- east of the Mount Diablo base and meridian; ed to donations of lands or rights-of-way. thence north approximately thirty-five degrees west to the summit of the butte next north of § 43. ; rules and regula- Soda Creek (United States Geological Survey al- tions; leases; fish and game; trespassers titude eight thousand eight hundred and eighty- Sequoia National Park shall be under the ex- eight feet); thence northerly and northwesterly clusive control of the Secretary of the Interior, along the crest of the hydrographic divide to a whose duty it shall be, as soon as practicable, to junction with the crest of the main hydro- make and publish such rules and regulations as graphic divide between the headwaters of the he may deem necessary or proper for the care South Fork of the Kaweah River and the head- and management of the same. Such regulations waters of Little Kern River; thence northerly shall provide for the preservation from injury of along said divide now between Horse and Cow all timber, mineral deposits, natural curiosities Creeks and the headwaters of East Fork Kaweah or wonders within said park, and their retention River to its intersection with the present east in their natural condition. The Secretary may, boundary of Sequoia National Park, approxi- in his discretion, grant leases for building pur- mately at Tar Gap, being the east line of town- poses for terms not exceeding ten years of small ship 17 south, range 30 east; thence northerly parcels of ground not exceeding five acres, at along said line to its intersection with the main such places in said park as shall require the hydrographic divide north of East Fork Kaweah erection of buildings for the accommodation of River; thence easterly following said divide, visitors; all of the proceeds of said leases and passing through Timber Gap to the summit of other revenues that may be derived from any Sawtooth Peak; thence southeasterly along the source connected with said park to be expended crest of the Great Western Divide to the summit under his direction in the management of the of Peaks (United States Geological Sur- same and the construction of roads and paths vey bench mark, altitude ten thousand nine therein. He shall provide against the wanton de- hundred and nineteen feet); thence northeast- struction of the fish and game found within said erly following the main hydrographic divide park, and against their capture or destruction, south of Coyote Creek to the junction of Coyote for the purposes of merchandise or profit. He Creek and Kern River; thence due east across shall also cause all persons trespassing upon the Kern River to the east bank; thence following same after the passage of this section and sec- said east bank of Kern River northerly to the tion 41 of this title to be removed therefrom, junction of Golden Trout Creek and Kern River; and, generally, shall be authorized to take all thence northeasterly following the main hydro- graphic divide north of Golden Trout Creek, and such measures as shall be necessary or proper to between the headwaters of Golden Trout Creek fully carry out the objects and purposes of this and Rock Creek to a junction with the main section and section 41 of this title. crest of the Sierra , northwest of Cirque (Sept. 25, 1890, ch. 926, § 2, 26 Stat. 478.) Peak; thence northerly and westerly along said main crest of the to Junction §§ 44, 45. Transferred Peak (United States Geological Survey bench CODIFICATION mark thirteen thousand nine hundred and three feet); thence westerly along the crest of the Section 44, act Oct. 1, 1890, ch. 1263, § 1, 26 Stat. 650, Kings-Kern Divide to a junction with the crest which related to lands in California set aside as re- served forest lands, was transferred to section 471c of of the Great Western Divide at Thunder Moun- this title. tain (United States Geological Survey bench Section 45, act Oct. 1, 1890, ch. 1263, § 3, 26 Stat. 651, mark thirteen thousand five hundred and sev- which related to additional forest reserves in Califor- enty-eight feet); thence southwesterly along the nia, was transferred to section 471d of this title. crest of the Great Western Divide to Triple Di- vide Peak (United States Geological Survey alti- § 45a. Sequoia National Park; revision of bound- tude twelve thousand six hundred and fifty-one aries feet); thence westerly and northwesterly along The boundaries of the Sequoia National Park, the crest of the hydrographic divide between the California, are changed as follows: headwaters of Roaring River and the headwaters Beginning at the southwest corner of the of the Middle and Marble Forks of the Kaweah present boundary of Sequoia National Park, being the southwest corner of township 18 south, 1 So in original. Probably should be ‘‘Fork’’. § 45a–1 TITLE 16—CONSERVATION Page 44

River to Kettle Peak (United States Geological ELECTRIC POWER DEVELOPMENT PERMITS Survey altitude ten thousand and thirty-eight Pub. L. 99–338, June 19, 1986, 100 Stat. 641, as amended feet); thence westerly and southwesterly along by Pub. L. 103–437, § 6(d)(4), Nov. 2, 1994, 108 Stat. 4583; the crest of the main hydrographic divide next Pub. L. 108–447, div. E, title I, § 139(c), Dec. 8, 2004, 118 north of Clover Creek and Dorst Creek to the Stat. 3069, provided: ‘‘That the Secretary of the Inte- Junction of Stony Creek and Dorst Creek; rior is hereby authorized to issue a permit for ten thence following the west bank of the North years, and may issue not more than 3 renewals of Fork Kaweah River to its junction with Cactus equivalent duration, for portions of an existing hydro- electric project, known as the Kaweah Project of Creek; thence easterly along the first hydro- Southern California Edison Company, to continue to graphic divide south of Cactus Creek to its occupy and use lands of the United States within Se- intersection with the present west boundary of quoia National Park as necessary for continued oper- Sequoia National Park, being the west line of ation and maintenance. township 16 south, range 29 east; thence south- ‘‘SEC. 2. The Secretary shall not execute any permit erly along said west boundary to the southwest renewal prior to one hundred and twenty calendar days corner of said township; thence easterly along from the date the same is submitted to the Committee the present boundary of Sequoia National Park, on Energy and Natural Resources of the United States Senate and to the Committee on Natural Resources of being the north line of township 17 south, range the United States House of Representatives. 29 east, to the northeast corner of said township; ‘‘SEC. 3. The permit shall contain the following provi- thence southerly along the present boundary of sions: Sequoia National Park, being the west lines of ‘‘(1) A prohibition on expansion of the Kaweah townships 17 and 18 south, range 30 east, to the Project in Sequoia National Park. place of beginning; and all of those lands lying ‘‘(2) A requirement that an independent safety as- within the boundary line above described are in- sessment of the Kaweah Project be conducted, and that any deficiencies identified as a result of the as- cluded in and made a part of the Roosevelt-Se- sessment would be corrected. quoia National Park; and all of those lands ex- ‘‘(3) A requirement that the Secretary prepare and cluded from the present Sequoia National Park submit to Congress an update of the July 1983 report are included in and made a part of the Sequoia on the impact of the operations of the Kaweah No. 3 National Forest, subject to all laws and regula- facility on Sequoia National Park. tions applicable to the national forests. ‘‘(4) A requirement that the permittee pay the park compensation as determined by the Secretary in con- (July 3, 1926, ch. 744, § 1, 44 Stat. 818.) sultation with the permittee. ‘‘(5) Any other reasonable terms and conditions EXCLUSION AND ADDITION OF LANDS that the Secretary of the Interior deems necessary and proper for the management and care of Sequoia Certain lands excluded from Kings Canyon National National Park and the purposes for which it was es- Park and added to , see section tablished. 80a–1 of this title. ‘‘SEC. 4. The proceeds from any fees imposed pursuant Certain lands excluded from Sequoia National Forest to a permit issued under this Act shall be retained by and added to Kings Canyon National Park, see section Sequoia National Park and Kings Canyon National 80a–2 of this title. Park and shall be available, without further appropria- tion, for resources protection, maintenance, and other § 45a–1. Addition of lands authorized park operational needs.’’ Pub. L. 93–522, Dec. 14, 1974, 88 Stat. 1660, as amended The Secretary of the Interior is authorized, in by Pub. L. 95–625, title III, § 314(d)(3), Nov. 10, 1978, 92 his discretion, to accept title to lands and inter- Stat. 3482, authorized Secretary of the Interior to issue ests in lands near the entrance to the Sequoia a permit to occupy and use lands of United States with- National Park, subject to existing easements for in Sequoia National Park necessary for continued oper- public highways and public utilities, within the ation, maintenance, and use of hydroelectric project known as the Kaweah Number 3 project of Southern following described tracts: California Edison Company, provided that in no event Tract A. A portion of tract 37, township 17 could the term of such permit extend for any period in south, range 29 east, Mount Diablo meridian, excess of ten years following the date of its issuance, Tulare County, California, comprising approxi- unless specifically authorized by law, provided for mately two acres. terms and conditions of permit, required report on im- Tract B. A portion of the east half of the pact of hydroelectric project, and provided for applica- northeast quarter of section 4, township 17 bility of the Act. south, range 29 east, Mount Diablo meridian, Pub. L. 88–47, June 21, 1963, 77 Stat. 70, authorized Secretary of the Interior to issue a permit to use and Tulare County, California, comprising approxi- occupy United States lands within Sequoia National mately thirty-eight acres. Park necessary for continued operation, maintenance, Tract C. A portion of the south half of tract 37, and use of the Kaweah number 3 hydroelectric project township 17 south, range 29 east, Mount Diablo of Southern California Edison Company, which by its meridian, Tulare County, California, comprising terms was to provide that any privileges granted there- approximately sixty one-hundredths acre. under were to be exercised in accord with Federal The owners of the lands to be conveyed to the Power Act (16 U.S.C. 791a et seq.) and rules and regula- United States, before any exchange is effective, tions promulgated thereunder, and which was to expire no later than Aug. 6, 1974. shall furnish to the Secretary of the Interior Act Dec. 21, 1943, ch. 372, § 3, 57 Stat. 606, provided as evidence satisfactory to him of title to such follows: ‘‘Nothing in this Act [sections 45a–1 and 45a–2 lands. Such property shall become a part of the of this title] shall be construed to alter or affect in any Sequoia National Park upon the acceptance of manner the provisions, or extend the term, of the per- title thereto by the Secretary, and shall there- mit heretofore granted to the Southern California Edi- after be subject to all laws and regulations ap- son Company and predecessors thereof for the use of plicable to the park. lands in the Sequoia National Park for electric power development purposes, or to relieve the company of any (Dec. 21, 1943, ch. 372, § 1, 57 Stat. 606.) financial or other obligation under said permit, or