§ 19o TITLE 16—CONSERVATION Page 36

§ 19o. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, § 19jj–3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 128 Stat. 3272 2014, 128 Stat. 3272 Section, Pub. L. 90–209, § 11, as added Pub. L. 105–391, Section, Pub. L. 101–337, § 4, July 27, 1990, 104 Stat. 380; title VII, § 701, Nov. 13, 1998, 112 Stat. 3520, related to Pub. L. 103–437, § 6(d)(3), Nov. 2, 1994, 108 Stat. 4583, re- promotion of local fundraising support. See section lated to use of recovered amounts. See section 100724 of 101120 of Title 54, National Park Service and Related Title 54, National Park Service and Related Programs. Programs. § 19jj–4. Repealed. Pub. L. 113–287, § 7, Dec. 19, SUBCHAPTER III–A—NATIONAL PARK 2014, 128 Stat. 3272 SYSTEM VISITOR FACILITY Section, Pub. L. 101–337, § 5, July 27, 1990, 104 Stat. 381, §§ 19aa to 19gg. Omitted related to donations. See section 100725 of Title 54, Na- tional Park Service and Related Programs. CODIFICATION SUBCHAPTER IV—CONCESSIONS FOR AC- Sections 19aa to 19gg were omitted pursuant to sec- COMMODATIONS, FACILITIES, AND SERV- tion 19gg which provided that all authorities contained in this subchapter expired Sept. 30, 1989. ICES IN AREAS ADMINISTERED BY NA- Section 19aa, Pub. L. 97–433, § 2, Jan. 8, 1983, 96 Stat. TIONAL PARK SERVICE 2277, defined terms for purposes of this subchapter. Section 19bb, Pub. L. 97–433, § 3, Jan. 8, 1983, 96 Stat. §§ 20 to 20g. Repealed. Pub. L. 105–391, title IV, 2277, established in United States Treasury the Na- § 415(a), Nov. 13, 1998, 112 Stat. 3515 tional Park System Visitor Facilities Fund and pro- vided for funds to be credited to that Fund. Section 20, Pub. L. 89–249, § 1, Oct. 9, 1965, 79 Stat. 969, Section 19cc, Pub. L. 97–433, § 4, Jan. 8, 1983, 96 Stat. related to congressional findings and statement of pur- 2277, authorized appropriations to be made available to pose. National Park Foundation to carry out its functions Section 20a, Pub. L. 89–249, § 2, Oct. 9, 1965, 79 Stat. under this subchapter. 969, related to authority of Secretary of the Interior to Section 19dd, Pub. L. 97–433, § 5, Jan. 8, 1983, 96 Stat. encourage concessioners. 2278, related to administration of Fund projects and re- Section 20b, Pub. L. 89–249, § 3, Oct. 9, 1965, 79 Stat. quired Foundation to include in its annual report a de- 969, related to protection of concessioner’s investment. scription of projects undertaken and accomplishments Section 20c, Pub. L. 89–249, § 4, Oct. 9, 1965, 79 Stat. made under this subchapter. 970, related to new or additional services, preferential Section 19ee, Pub. L. 97–433, § 6, Jan. 8, 1983, 96 Stat. rights, and operations by a single concessioner. 2278, related to authority of National Park Foundation. Section 20d, Pub. L. 89–249, § 5, Oct. 9, 1965, 79 Stat. Section 19ff, Pub. L. 97–433, § 7, Jan. 8, 1983, 96 Stat. 970, related to renewal preference for satisfactory per- 2279, provided that nothing in this subchapter affect re- formance, extensions, new contracts, and public notice. sponsibilities of Secretary of the Interior under other Section 20e, Pub. L. 89–249, § 6, Oct. 9, 1965, 79 Stat. provisions of law. 970, related to concessioner’s possessory interest in Section 19gg, Pub. L. 97–433, § 8, Jan. 8, 1983, 96 Stat. concession property, limitations, compensation for 2279, provided that authorities contained in this sub- taking, and determination of just compensation. chapter expire Sept. 30, 1989, and that any moneys cred- Section 20f, Pub. L. 89–249, § 7, Oct. 9, 1965, 79 Stat. 971, ited to Fund not appropriated, expended, or obligated related to use of non-monetary consideration in leases be transferred to miscellaneous receipts of the Treas- of government property. ury. Section 20g, Pub. L. 89–249, § 9, Oct. 9, 1965, 79 Stat. 971, related to recordkeeping, audit and examination, SHORT TITLE and access to books and records. Sections 20 to 20g were popularly known as the Na- Section 1 of Pub. L. 97–433 provided that this sub- tional Park System Concessions Policy Act. chapter be cited as the ‘‘National Park System Visitor Facilities Fund Act’’. SUBCHAPTER V—YELLOWSTONE NATIONAL PARK SUBCHAPTER III–B—PARK SYSTEM RESOURCE PROTECTION § 21. Establishment; boundaries; trespassers § 19jj. Repealed. Pub. L. 113–287, § 7, Dec. 19, The tract of land in the States of Montana and 2014, 128 Stat. 3272 Wyoming, lying near the headwaters of the Yel- lowstone River and described as follows, to wit, Section, Pub. L. 101–337, § 1, July 27, 1990, 104 Stat. 379; commencing at the junction of Gardiner’s River, Pub. L. 104–333, div. I, title VIII, § 814(h)(1), (2), Nov. 12, 1996, 110 Stat. 4199, defined terms as used in this sub- with the Yellowstone River, and running east to chapter. See section 100721 of Title 54, National Park the meridian passing ten miles to the eastward Service and Related Programs. of the most eastern point of Yellowstone Lake; thence south along said meridian to the parallel § 19jj–1. Repealed. Pub. L. 113–287, § 7, Dec. 19, of latitude passing ten miles south of the most 2014, 128 Stat. 3272 southern point of Yellowstone Lake; thence west along said parallel to the meridian passing 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, fifteen miles west of the most western point of 110 Stat. 4199; Pub. L. 106–176, title I, § 120(c), Mar. 10, Madison Lake; thence north along said meridian 2000, 114 Stat. 29, related to liability. See section 100722 to the latitude of the junction of the Yellow- of Title 54, National Park Service and Related Pro- stone and Gardiner’s Rivers; thence east to the grams. place of beginning, is reserved and withdrawn from settlement, occupancy, or sale under the § 19jj–2. Repealed. Pub. L. 113–287, § 7, Dec. 19, laws of the United States, and dedicated and set 2014, 128 Stat. 3272 apart as a public park or pleasuring ground for Section, Pub. L. 101–337, § 3, July 27, 1990, 104 Stat. 380, the benefit and enjoyment of the people; and all related to actions. See section 100723 of Title 54, Na- persons who locate, or settle upon, or occupy tional Park Service and Related Programs. any part of the land thus set apart as a public Page 37 TITLE 16—CONSERVATION § 21b park, except as provided in section 22 of this the present north boundary line of Yellowstone title, shall be considered trespassers and re- National Park, at a point near park boundary moved therefrom. monument 11 west. (R.S. § 2474.) All of those lands lying within the boundary lines above described and the present north, CODIFICATION east, and west boundary lines are included in R.S. § 2474 derived from act Mar. 1, 1872, ch. 24, § 1, 17 and made a part of the Yellowstone National Stat. 32. Park; and all of those lands of the present Yel- lowstone National Park excluded from the park § 21a. Revision of boundaries; contiguous na- are included in and made a part of the contig- tional forests; jurisdiction of forests uous national forests subject to all laws and reg- ulations applicable to national forests, and upon The boundary of the Yellowstone National acceptance thereof by appropriate action of the Park is changed so as to read as follows: State, jurisdiction for all purposes whatsoever Beginning on the present north boundary line shall be, and is, ceded over the land excluded of Yellowstone National Park at its intersection from the park to the State of Wyoming. with the hydrographic divide immediately north of Pebble Creek, approximately at park bound- (Mar. 1, 1929, ch. 437, § 1, 45 Stat. 1435; Apr. 19, ary monument 29 east; thence following said di- 1930, ch. 190, 46 Stat. 220.) vide around the head of the drainage of Pebble AMENDMENTS Creek to its intersection with the present east boundary line of Yellowstone National Park, at 1930—Act Apr. 19, 1930, struck out ‘‘Provided, That a point near park boundary monument 54 north; whereas it is the purpose and intent of Congress to re- tain the areas hereby added to the park in its original thence southerly along said boundary line to its wilderness character, therefore, no new roads shall be intersection with the hydrographic divide be- constructed and no hotels or permanent camps shall be tween Soda Butte and Cache Creeks, at a point authorized or permitted to be maintained on such near park boundary monument 51 north; thence lands’’. easterly along said hydrographic divide to its intersection with the crest of the Absaroka § 21b. Extension of certain laws to park Range; thence southerly along said crest to its The provisions of the Act of March 1, 1872,1 re- intersection with the main hydrographic divide serving lands for park purposes, the Act of July between Little Lamar River and the North Fork 10, 1890,1 admitting the State of Wyoming into of Shoshone River, passing over Republic and the Union, the Act of May 7, 1894, entitled ‘‘An Hoodoo Peaks; thence westerly along said divide Act to protect the birds and animals in the Yel- passing over Notch Mountain to its intersection lowstone National Park and to punish crimes in with the present east boundary line of Yellow- said park, and for other purposes,’’ 1 the Act of stone National Park, at a point near park August 25, 1916, entitled ‘‘An Act to establish a boundary monument 26 north; thence continuing National Park Service, and for other pur- westerly along said divide, now between the poses,’’ 1 and all Acts supplementary to and headwaters of Lamar River and Jones Creek; amendatory of said Acts are made applicable to headwaters of Sedge, Bear, Cub, and Clear and extended over the lands added to the park: Creeks, and the headwaters of Jones and Crow Provided, That the provisions of the Federal Creeks, and between Crow Creek and Middle Power Act [16 U.S.C. 791a et seq.] shall not apply Creek, to its intersection with the present east to or extend over such lands. boundary line of Yellowstone National Park, ap- proximately at park boundary monument 18 (Mar. 1, 1929, ch. 437, § 2, 45 Stat. 1436.) north, passing over Pyramid and Cathedral REFERENCES IN TEXT Peaks, Mount Chittenden, and Avalanche Peak, The Act of March 1, 1872, referred to in text, is act thence southerly along said boundary line to its Mar. 1, 1872, ch. 24, 17 Stat. 32. That Act was incor- intersection with the hydrographic divide imme- porated into the Revised Statutes as R.S. §§ 2474 and diately south of Middle Creek, approximately at 2475 which are classified to sections 21 and 22, respec- park boundary monument 15 north; thence west- tively, of this title. For complete classification of this erly along said divide, now between a southern Act to the Code, see Tables. tributary of Middle Creek, headwaters of The Act of July 10, 1890, referred to in text, is act Beaverdam, Trappers, and Mountain Creeks, and July 10, 1890, ch. 664, 26 Stat. 222. The Act was classified to sections 481 and 490 of former Title 28, Judicial Code the headwaters of Canfield and Eagle Creeks, to and Judiciary, which were repealed and reenacted in its intersection with the present east boundary sections 501 and 541 of Title 28, Judiciary and Judicial line of Yellowstone National Park, at a point Procedure, by act June 25, 1948, ch. 646, §§ 1, 39, 62 Stat. near park boundary monument 5 north, passing 869, 992. See section 541 of Title 28. over Reservation and Atkins Peaks, Mount The Act of May 7, 1894, entitled ‘‘An Act to protect Schurz, Mount Humphreys, and Eagle Peak; and the birds and animals in the Yellowstone National Beginning on the present west boundary line Park and to punish crimes in said park, and for other of Yellowstone National Park at its intersection purposes,’’, referred to in text, is act May 7, 1894, ch. 72, 28 Stat. 73, which is classified to sections 24 to 30a of with the left bank of Gallatin River between this title. For complete classification of this Act to the park monuments 45 and 46 north; thence north- Code, see Tables. westerly along said bank to a point opposite the The Act of August 25, 1916, entitled ‘‘An Act to estab- hydrographic divide between Daly and Tepee lish a National Park Service, and for other purposes,’’, Creeks; thence northeasterly across the Gallatin referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. River and along said divide, around the head- 535, known as the National Park Service Organic Act, waters of Daly, Black Butte, Specimen, and Fan Creeks, to the intersection of said divide with 1 See References in Text note below. § 21c TITLE 16—CONSERVATION Page 38 which enacted sections 1, 2, 3, and 4 of this title and other revenues that may be derived from any provisions set out as a note under section 100101 of source connected with the park, to be expended Title 54, National Park Service and Related Programs. under his direction in the management of the Sections 1 to 4 of the Act were repealed and restated as same, and the construction of roads and bridle- section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections paths therein. He shall provide against the wan- 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. ton destruction of the fish and game found with- 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, in the park, and against their capture or de- 3272. For complete classification of this Act to the struction for the purposes of merchandise or Code, see Tables. For disposition of former sections of profit. He shall also cause all persons trespass- this title, see Disposition Table preceding section 100101 ing upon the same to be removed therefrom, and of Title 54. generally is authorized to take all such meas- The Federal Power Act, referred to in text, was in the ures as may be necessary or proper to fully original the ‘‘Act of June 10, 1920, entitled ‘An Act to create a Federal Power Commission, to provide for the carry out the objects and purposes of this sec- improvement of navigation, the development of water tion. power, the use of the public lands in relation thereto, (R.S. § 2475.) and to repeal section 18 of the River and Harbor Appro- priation Act, approved August 8, 1917, and for other CODIFICATION purposes,’ ’’ and was redesignated the Federal Power R.S. § 2475 derived from act Mar. 1, 1872, ch. 24, § 2, 17 Act by section 791a of this title. The Federal Power Act Stat. 33. is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§ 791a et seq.) § 23. Detail of troops for protection of park of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized § 21c. Section 485 as extending to revised bound- and directed to make the necessary details of aries; lands acquired by exchange troops to prevent trespassers or intruders from The provisions of section 485 of this title shall entering the park for the purpose of destroying continue to be applicable to the areas included the game or objects of curiosity therein, or for within the Yellowstone National Park by sec- any other purpose prohibited by law, and to re- tion 21a of this title, and any lands within such move such persons from the park if found there- areas acquired by exchange thereunder shall in. thereupon become a part of the Yellowstone Na- (Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, tional Park. ch. 343, title II, § 205(a), 61 Stat. 501.)

(Mar. 1, 1929, ch. 437, § 3, 45 Stat. 1436.) CHANGE OF NAME § 21d. Existing claims, locations, and entries as Department of War designated Department of the affected by revised boundaries Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, Nothing herein contained shall affect any ch. 343, title II, 61 Stat. 501. Section 205(a) of act July valid existing claim, location, or entry under 26, 1947, was repealed by section 53 of act Aug. 10, 1956, the land laws of the United States, whether for ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- homestead, mineral right of way, or any other acted ‘‘Title 10, Armed Forces’’ which in sections 3010 purposes whatsoever, or shall affect the right of to 3013 continued military Department of the Army under administrative supervision of Secretary of the any such claimant, locator, or entryman to the Army. full use and enjoyment of his land. (Mar. 1, 1929, ch. 437, § 4, 45 Stat. 1436.) § 24. Jurisdiction over park; fugitives from jus- tice REFERENCES IN TEXT The Yellowstone National Park, as its bound- Herein, referred to in text, means act Mar. 1, 1929, aries now are defined, or as they may be here- which is classified to sections 21a to 21d of this title. after defined or extended, shall be under the sole For complete classification of this Act to the Code, see Tables. and exclusive jurisdiction of the United States. All the laws applicable to places under the sole § 22. Control of park by Secretary of the Interior; and exclusive jurisdiction of the United States, removal of trespassers shall have force and effect in said park. Nothing in this Act shall be construed to forbid the serv- The Yellowstone National Park shall be under ice in the park of any civil or criminal process the exclusive control of the Secretary of the In- of any court having jurisdiction in the States of terior, whose duty it shall be, as soon as prac- Idaho, Montana, and Wyoming. All fugitives ticable, to make and publish such regulations as from justice taking refuge in said park shall be he may deem necessary or proper for the care subject to the same laws as refugees from jus- and management of the same. Such regulations tice found in the State of Wyoming. shall provide for the preservation, from injury or spoliation, of all timber, mineral deposits, (May 7, 1894, ch. 72, § 1, 28 Stat. 73.) natural curiosities, or wonders, within the park, REFERENCES IN TEXT and their retention in their natural condition. The Secretary may, in his discretion, grant This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For com- leases for building purposes for terms not ex- plete classification of this Act to the Code, see Tables. ceeding ten years, of small parcels of ground, at such places in the park as may require the erec- CODIFICATION tion of buildings for the accommodation of visi- Section 2 of act May 7, 1894, provided that the Yellow- tors; all of the proceeds of such leases, and all stone National Park should be part of the judicial dis- Page 39 TITLE 16—CONSERVATION § 30 trict of Wyoming, and that the courts of the United ing $300. Any person found guilty of violating States for the district should have jurisdiction of all of- any of the provisions of this Act or any rule or fenses committed within the park. It was superseded by regulation that may be promulgated by the Sec- act Mar. 3, 1911, ch. 231, § 115, 36 Stat. 1130, constituting retary of the Interior with reference to the man- the State of Wyoming and Yellowstone National Park the judicial district of Wyoming, that section being in agement and care of the park, or for the protec- turn superseded by act June 5, 1924, ch. 260, 43 Stat. 388. tion of the property therein, for the preserva- Provisions of that act are covered by section 131 of tion from injury or spoliation of timber, mineral Title 28, Judiciary and Judicial Procedure. deposits, natural curiosities, or wonderful ob- jects within said park, or for the protection of WYOMING: JURISDICTION OVER PARK the animals, birds, and fish in the said park, The act admitting the State of Wyoming into the shall be deemed guilty of a misdemeanor, and Union, act July 10, 1890, ch. 664, 26 Stat. 222, contained a proviso annexed to the description of the boundaries shall be subjected to a fine of not more than $500 of the State, in section 2 of the act, as follows: ‘‘That or imprisonment not exceeding six months, or nothing in this act contained shall repeal or affect any both, and be adjudged to pay all costs of the pro- act of Congress relating to the Yellowstone National ceedings. Park, or the reservation of the Park as now defined, or All guns, traps, teams, horses, or means of as may be hereafter defined or extended, or the power transportation of every nature or description of the United States over it; and nothing contained in used by any person or persons within said park this act shall interfere with the right and ownership of limits when engaged in killing, trapping, en- the United States in said park and reservation as it now is or may hereafter be defined or extended by law; snaring, or capturing such wild beasts, birds, or but exclusive legislation, in all cases whatsoever, shall wild animals shall be forfeited to the United be exercised by the United States, which shall have ex- States, and may be seized by the officers in said clusive control and jurisdiction over the same; but park and held pending the prosecution of any nothing in this proviso contained shall be construed to person or persons arrested under charge of vio- prevent the service within said park of civil and crimi- lating the provisions of this Act, and upon con- nal process lawfully issued by the authority of said viction under this Act of such person or persons State.’’ using said guns, traps, teams, horses, or other § 25. Repealed. June 25, 1948, ch. 646, § 39, 62 means of transportation such forfeiture shall be Stat. 992, eff. Sept. 1, 1948 adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited Section, act May 7, 1894, ch. 72, § 3, 28 Stat. 73, related property shall be disposed of and accounted for to applicability of criminal laws. See section 13 of Title by and under the authority of the Secretary of 18, Crimes and Criminal Procedure. the Interior. § 26. Regulations for hunting and fishing in park; (May 7, 1894, ch. 72, § 4, 28 Stat. 73; June 28, 1916, punishment for violations; forfeitures ch. 179, 39 Stat. 238.) All hunting, or the killing, wounding, or cap- REFERENCES IN TEXT turing at any time of any bird or wild animal, except dangerous animals, when it is necessary This Act, referred to in text, is act May 7, 1894, which to prevent them from destroying human life or is classified to sections 24 to 30a of this title. For com- inflicting an injury, is prohibited within the plete classification of this Act to the Code, see Tables. limits of said park; nor shall any fish be taken §§ 27 to 29. Repealed. June 25, 1948, ch. 646, § 39, out of the waters of the park by means of seines, 62 Stat. 992, eff. Sept. 1, 1948 nets, traps, or by the use of drugs or any explo- sive substances or compounds, or in any other Section 27, acts May 7, 1894, ch. 72, § 5, 28 Stat. 74; way than by hook and line, and then only at Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1938, ch. such seasons and in such times and manner as 778, § 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner [now magistrate judges]. See sections may be directed by the Secretary of the Inte- 131, 631, and 632 of Title 28, Judiciary and Judicial Pro- rior. The Secretary of the Interior shall make cedure. and publish such rules and regulations as he Section 28, act May 7, 1894, ch. 72, § 6, 28 Stat. 75, re- may deem necessary and proper for the manage- lated to deputy marshals. See section 562 of Title 28. ment and care of the park and for the protection Section 29, acts May 7, 1894, ch. 72, § 7, 28 Stat. 75; Apr. of the property therein, especially for the pres- 17, 1900, ch. 192, § 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 ervation from injury or spoliation of all timber, Stat. 1560, related to compensation of commissioners mineral deposits, natural curiosities, or wonder- [now magistrate judges], marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28. ful objects within said park; and for the protec- tion of the animals and birds in the park, from § 30. Jail building; office of magistrate judge capture or destruction, or to prevent their being frightened or driven from the park; and he shall The Secretary of the Interior shall cause to be make rules and regulations governing the tak- erected in Yellowstone National Park a suitable ing of fish from the streams or lakes in the building to be used as a jail, and also having in park. Possession within the said park of the said building an office for the use of the United dead bodies, or any part thereof, of any wild bird States magistrate judge. or animal shall be prima facie evidence that the (May 7, 1894, ch. 72, § 9, 28 Stat. 75; Pub. L. 90–578, person or persons having the same are guilty of title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; violating this Act. Any person or persons, or Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 stage or express company or railway company, Stat. 5117.) receiving for transportation any of the said ani- mals, birds, or fish so killed, taken, or caught CODIFICATION shall be deemed guilty of a misdemeanor, and Section 9 of the act of May 7, 1894, contained the shall be fined for every such offense not exceed- added clause, ‘‘the cost of such building not to exceed § 30a TITLE 16—CONSERVATION Page 40 five thousand dollars, to be paid out of any moneys in lease made for any property of said park shall the Treasury not otherwise appropriated upon certifi- require the lessee to observe and obey each and cate of the Secretary as a voucher therefor,’’ which was every provision in any Act of Congress, every superseded by the provisions contained in section 451 of rule, order, or regulation made or which shall this title. hereafter be made and published by the Sec- CHANGE OF NAME retary of the Interior concerning the use, care, ‘‘United States magistrate judge’’ substituted in text management, or government of the park, or any for ‘‘magistrate’’ pursuant to section 321 of Pub. L. object or property therein under penalty of for- 101–650, set out as a note under section 631 of Title 28, feiture of such lease, and shall be subject to the Judiciary and Judicial Procedure. Previously, ‘‘mag- right of revocation and forfeiture, which shall istrate’’ substituted for ‘‘commissioner’’ pursuant to therein be reserved by the Secretary of the Inte- Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. rior. The provisions of this section are not to be § 30a. Existing laws as affected construed as mandatory upon the Secretary of This Act shall not be construed to repeal ex- the Interior, but the authority herein given is to isting laws conferring upon the Secretary of the be exercised in his sound discretion. Interior and the Secretary of the Army certain (Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. powers with reference to the protection, im- 2570, 34 Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. provement, and control of the said Yellowstone 1219.) National Park. CODIFICATION (May 7, 1894, ch. 72, § 10, 28 Stat. 75; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) The first paragraph of this section is from act June 4, 1906, as amended by act Mar. 2, 1907, which changed REFERENCES IN TEXT the authorized term of leasing from ten years to twen- ty years as set out above. It superseded earlier provi- This Act, referred to in text, is act May 7, 1894, which sions covering similar matter contained in the first is classified to sections 24 to 30a of this title. For com- sentence of act Aug. 3, 1894. plete classification of this Act to the Code, see Tables. The second paragraph of the section is from act Aug. CHANGE OF NAME 3, 1894, which contained a further proviso that ‘‘persons or corporations now holding leases of ground in the Department of War designated Department of the park may, upon the surrender thereof, be granted new Army and title of Secretary of War changed to Sec- leases hereunder, and upon the terms and stipulations retary of the Army by section 205(a) of act July 26, 1947, contained in their present leases, with such modifica- ch. 343, title II, 61 Stat. 501. Section 205(a) of act July tions, restrictions, and reservations as the Secretary of 26, 1947, was repealed by section 53 of act Aug. 10, 1956, the Interior may prescribe’’ which has been omitted as ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- temporary and executed. acted ‘‘Title 10, Armed Forces’ which in sections 3010 to A further provision that ‘‘so much of that portion of 3013 continued military Department of the Army under the act of March third, eighteen hundred and eighty- administrative supervision of Secretary of the Army. three, relating to the Yellowstone Park as conflict with the act, be and the same is hereby, repealed’’ and the § 31. Repealed. June 25, 1948, ch. 646, § 39, 62 portion of the act March 3, 1883, referred to in such pro- Stat. 992, eff. Sept. 1, 1948 vision, have been omitted from the Code, the last named portion having been superseded by the Acts Section, act May 7, 1894, ch. 72, § 8, 28 Stat. 75, related cited to text. to payment of costs and expenses. § 33. Mortgages by lessees within the park § 32. Lease of lands within park Any person, corporation, or company holding The Secretary of the Interior is authorized and a lease within Yellowstone Park for the pur- empowered to lease for a period not exceeding poses described in section 32 of this title is au- twenty years, at an annual rental to be deter- thorized, with the approval of the Secretary of mined by him, to any person, corporation, or the Interior, to execute mortgages upon his or company he may authorize to transact business its rights, properties, and franchises, including in the Yellowstone National Park, separate his or its contract or contracts with the Sec- tracts of land, not exceeding twenty acres each, retary of the Interior, and such mortgages, to- at such places not to exceed ten in number to gether with the approval of the Secretary of the any one person, corporation, or company, in said Interior may be filed for record in the office of park as the comfort and convenience of visitors the Secretary of the Interior, and when so re- may require for the construction and mainte- corded shall have all the effect of a public nance of substantial hotel buildings and build- record. Any mortgage, lien, or encumbrance cre- ings for the protection of stage, stock, and ated under the provisions of this section shall be equipment. subject to the rights of the Government to com- Such lease or leases shall not include any of pel the enforcement of the terms of the lease or the geysers or any objects of curiosity or inter- contract of the mortgagor, and any purchaser est in said park, or exclude the public from free under a foreclosure of such encumbrance shall and convenient approach thereto, or include any take subject to all the conditions assumed by ground within one-eighth of a mile of any of the the original lessee or contractor. geysers of the Yellowstone Falls, the Grand Can- yon, or the Yellowstone River, Mammoth Hot (June 4, 1906, ch. 2570, 34 Stat. 207.) Springs, or any object of curiosity in the park; § 34. Road extensions nor shall such lease convey either expressly or by implication any exclusive privilege within Road extensions and improvements shall be the park, except on the premises held there- made in the Yellowstone National Park under under and for the time therein granted. Every and in harmony with the general plan of roads Page 41 TITLE 16—CONSERVATION § 39 and improvements to be approved by the Sec- the Secretary of the Interior, in his discretion, retary of the Interior. and subject to the limitation hereinafter pre- (July 1, 1918, ch. 113, § 1, 40 Stat. 678.) scribed may, and is, authorized to perform the following acts: § 35. Private use of electricity from lighting and (a) Accept and deposit in a special fund in the power plant Treasury, and expend for the acquisition of lands as herein authorized, private funds do- Private parties or companies doing business in nated for such purpose. the Yellowstone National Park under authority (b) Acquire by purchase, or by acceptance of from the Government may be permitted, in the donations or bequests, such lands in private or discretion of the Secretary of the Army, to use State ownership within the townships above de- electricity furnished by the electric lighting and scribed as he may deem necessary to carry out power plant of Fort Yellowstone and Mammoth the purpose of sections 37 to 40 of this title. Hot Springs at actual cost to the Government for operation, maintenance, and depreciation of (May 26, 1926, ch. 399, § 1, 44 Stat. 655.) the plant and 10 per centum additional, under § 38. Exchange for State or private lands author- such regulations as may be prescribed by the ized Secretary of the Army. The Secretary of Agriculture is authorized in (Mar. 3, 1903, ch. 1007, § 1, 32 Stat. 1130; July 26, his discretion to accept, on behalf of the United 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) States, title to any lands held in private or CHANGE OF NAME State ownership within the townships described Department of War designated Department of the in section 37 of this title, and in exchange there- Army and title of Secretary of War changed to Sec- for may patent not to exceed an equal value of retary of the Army by section 205(a) of act July 26, 1947, national forest land in the State of Montana, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July surveyed and nonmineral in character, or the 26, 1947, was repealed by section 53 of act Aug. 10, 1956, Secretary of Agriculture may authorize the ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- grantor to cut and remove not to exceed an acted ‘‘Title 10, Armed Forces’’ which in sections 3010 equal value of timber within the national forests to 3013 continued military Department of the Army under administrative supervision of Secretary of the of said State, the values in each case to be de- Army. termined by the Secretary of Agriculture: Pro- vided, That before any such exchange is effected, § 36. Disposition of surplus elk, buffalo, bear, notice of the contemplated exchange reciting beaver, and predatory animals the lands involved shall be published once each week for four successive weeks in some news- The Secretary of the Interior is authorized, in paper of general circulation in the county or his discretion and under regulations to be pre- counties in which may be situated the lands to scribed by him, to give surplus elk, buffalo, be accepted and in some like newspaper pub- bear, beaver, and predatory animals inhabiting lished in any county in which may be situated Yellowstone National Park to Federal, State, any lands or timber to be given in such ex- county, and municipal authorities for preserves, change. Timber given in exchange shall be cut zoos, zoological gardens, and parks. He may sell and removed from national forests under the or otherwise dispose of the surplus buffalo of the laws and regulations relating to the national Yellowstone National Park herd, and all moneys forests and under the direction and supervision received from the sale of any such surplus buf- and in accordance with the requirements of the falo shall be deposited in the Treasury of the Secretary of Agriculture. United States as miscellaneous receipts. (May 26, 1926, ch. 399, § 2, 44 Stat. 655; Pub. L. (Jan. 24, 1923, ch. 42, 42 Stat. 1214.) 86–509, § 1(f), June 11, 1960, 74 Stat. 205.)

§ 36a. Disposition of surplus elk TRANSFER OF FUNCTIONS The Secretary of the Interior is authorized in Functions of Secretary of the Interior under this sec- his discretion, and under regulations to be pre- tion, with respect to exchanges of lands held in private scribed by him, to sell or otherwise dispose of or State ownership for national forest lands or timber the surplus elk from the Yellowstone National in Montana, transferred to Secretary of Agriculture, Park herd, and all moneys received from the see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. sale of any such surplus elk shall be deposited in the Treasury of the United States as miscellane- § 39. Reservation of timber, minerals, or ease- ous receipts. ments by owners on exchange (Mar. 4, 1929, ch. 707, 45 Stat. 1644.) Reservations of timber, minerals, or ease- ments, the values of which shall be duly consid- § 37. Provision of feed and range facilities for ered in determining the values of the lands con- game animals veyed, may be made by the owner or owners As a means of providing within township 8 thereof in lands conveyed to the United States south, ranges 7 and 8 east, and township 9 south, under the provisions of sections 37 to 40 of this ranges 7, 8, and 9 east, Montana principal merid- title. Where such reservations are made, the ian, the winter range and winter feed facilities right to enjoy them shall be subject to such rea- indispensable for the adequate and proper pro- sonable conditions respecting ingress and egress tection, preservation, and propagation of the and the use of the surface of the land as may be elk, antelope, and other game animals of the deemed necessary by the Secretary of the Inte- Yellowstone National Park and adjacent lands, rior or the Secretary of Agriculture, whichever § 40 TITLE 16—CONSERVATION Page 42 may be responsible for the handling and use of enues received by the United States from visi- the land as provided in said sections: Provided, tors to Yellowstone National Park, to the appro- That all property, rights, easements, and bene- priate school district or districts serving that fits authorized by this section to be retained by park, as reimbursement for educational facili- or reserved to owners of land conveyed to the ties (including, where appropriate, transpor- United States shall be subject to the tax laws of tation to and from school) furnished by the said the States where such lands are located. district or districts to pupils who are dependents (May 26, 1926, ch. 399, § 3, 44 Stat. 656.) of persons engaged in the administration, oper- ation, and maintenance of the park, and living § 40. Additions to park; entry under other acts at or near the park upon real property of the United States not subject to taxation by the The President of the United States is author- State or local agencies and upon which pay- ized, in his discretion, to add by Executive proc- ments in lieu of taxes are not made by the lamation to Yellowstone National Park any or United States: Provided, That the payments for all of the lands within a certain territory or any school year for the aforesaid purpose shall tract in township 9 south, ranges 7 and 8 east, not exceed that part of the cost of operating and Montana principal meridian, to wit: Beginning maintaining such facilities which the number of at a point on the north line of said Yellowstone pupils, in average daily attendance during that National Park where said line crosses the divide year, bears to the whole number of pupils in av- between Reese Creek and Mol Heron Creek, erage daily attendance at those schools for that thence northeasterly along said divide to the year. junction of said divide with the branch divide north and west of Reese Creek; thence along (June 4, 1948, ch. 417, § 1, 62 Stat. 338.) said branch divide in a northeasterly and eas- terly direction around the drainage of Reese § 40b. Cooperative agreements with States or Creek, to the Yellowstone River; thence south- local agencies; expansion; Federal contribu- erly and southeasterly along the west bank of tions the Yellowstone River to the line marking the If in the opinion of the Secretary of the Inte- western limits of the town of Gardiner, Mon- rior, the aforesaid educational facilities cannot tana; thence south on said town limits line to be provided adequately and payment made the northern boundary of Yellowstone National therefor on a pro rata basis, as prescribed in sec- Park; thence west along the north boundary of tion 40a of this title, the Secretary of the Inte- Yellowstone National Park to the point of be- rior, in his discretion, may enter into coopera- ginning, which are unappropriated lands of the tive agreements with States or local agencies United States or which may be acquired by the for (a) the operation of school facilities, (b) for United States under the provisions of sections 37 the construction and expansion of local facili- to 40 of this title, within the territory described ties at Federal expense, and (c) for contribution in this section, subject, however, to all valid ex- by the Federal Government, on an equitable isting claims and to reservations such as are au- basis satisfactory to the Secretary, to cover the thorized by section 39 of this title; but, with the increased cost to local agencies for providing exception of valid existing claims, no land so the educational services required for the pur- added to Yellowstone National Park shall be poses of sections 40a to 40c of this title. subject to entry under the mining laws of the United States: Provided, That the Secretary of (June 4, 1948, ch. 417, § 2, 62 Stat. 339.) the Interior for such lands as are added to Yel- § 40c. Creation of special fund; expenditure lowstone National Park may provide by rules and regulations for the management and use of For the purposes of sections 40a and 40b of this the added lands as may in his discretion be nec- title, the Secretary of the Treasury is author- essary to accomplish the purposes of sections 37 ized to maintain hereafter in a special fund a to 40 of this title: And provided further, That the sufficient portion of the park revenues, based lands of the United States acquired by donation upon estimates to be submitted by the Sec- or purchase within the area described in section retary of the Interior, and to expend the same 37 of this title shall not be subject to location upon certification by the Secretary of the Inte- and entry under the mining laws of the United rior. States nor the Act of June 11, 1906, authorizing (June 4, 1948, ch. 417, § 3, 62 Stat. 339.) homestead entries in national forests. (May 26, 1926, ch. 399, § 6, 44 Stat. 656.) SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS REFERENCES IN TEXT GENERAL GRANT NATIONAL PARK ABOLISHED Act of June 11, 1906, referred to in text, means act June 11, 1906, ch. 3074, 34 Stat. 233, which was classified General Grant National Park was abolished and lands to sections 506 to 508 and 509 of this title, and was re- transferred to Kings Canyon National Park, see section pealed by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157. 80a of this title. § 40a. Educational facilities for dependents of § 41. Sequoia National Park; establishment; employees; payments to school districts; limi- boundaries; trespassers tation on amount The tract of land in the State of California Under such regulations as may be prescribed known and described as township numbered 18 by the Secretary of the Interior, payments may south, of range numbered 30 east, also township be made, as provided in sections 40a to 40c of 18 south, range 31 east; and sections 31, 32, 33, this title, in advance or otherwise, from any rev- and 34, township 17 south, range 30 east, all east