§ 45a–1 TITLE 16—CONSERVATION Page 74 along said line to its intersection with the main Certain lands excluded from Sequoia National Forest hydrographic divide north of East Fork Kaweah and added to Kings Canyon National Park, see section River; thence easterly following said divide, 80a–2 of this title. passing through Timber Gap to the summit of SECTION REFERRED TO IN OTHER SECTIONS Sawtooth Peak; thence southeasterly along the This section is referred to in section 45e of this title. crest of the to the summit of Coyote Peaks (United States Geological Sur- § 45a–1. Addition of lands authorized vey bench mark, altitude ten thousand nine hundred and nineteen feet); thence northeast- The Secretary of the Interior is authorized, in erly following the main hydrographic divide his discretion, to accept title to lands and inter- south of Coyote Creek to the junction of Coyote ests in lands near the entrance to the Sequoia Creek and Kern River; thence due east across National Park, subject to existing easements for Kern River to the east bank; thence following public highways and public utilities, within the said east bank of Kern River northerly to the following described tracts: junction of Golden Trout Creek and Kern River; Tract A. A portion of tract 37, township 17 thence northeasterly following the main hydro- south, range 29 east, Mount Diablo meridian, graphic divide north of Golden Trout Creek, and Tulare County, , comprising approxi- between the headwaters of Golden Trout Creek mately two acres. and Rock Creek to a junction with the main Tract B. A portion of the east half of the crest of the , northwest of Cirque northeast quarter of section 4, township 17 Peak; thence northerly and westerly along said south, range 29 east, Mount Diablo meridian, main crest of the Sierra Nevada to Junction Tulare County, California, comprising approxi- Peak (United States Geological Survey bench mately thirty-eight acres. mark thirteen thousand nine hundred and three Tract C. A portion of the south half of tract 37, feet); thence westerly along the crest of the township 17 south, range 29 east, Mount Diablo Kings-Kern Divide to a junction with the crest meridian, Tulare County, California, comprising of the Great Western Divide at Thunder Moun- approximately sixty one-hundredths acre. tain (United States Geological Survey bench The owners of the lands to be conveyed to the mark thirteen thousand five hundred and sev- United States, before any exchange is effective, enty-eight feet); thence southwesterly along the shall furnish to the Secretary of the Interior crest of the Great Western Divide to Triple Di- evidence satisfactory to him of title to such vide Peak (United States Geological Survey alti- lands. Such property shall become a part of the tude twelve thousand six hundred and fifty-one upon the acceptance of feet); thence westerly and northwesterly along title thereto by the Secretary, and shall there- the crest of the hydrographic divide between the after be subject to all laws and regulations ap- headwaters of Roaring River and the headwaters plicable to the park. of the Middle and Marble Forks of the Kaweah River to Kettle Peak (United States Geological (Dec. 21, 1943, ch. 372, § 1, 57 Stat. 606.) Survey altitude ten thousand and thirty-eight ELECTRIC POWER DEVELOPMENT PERMITS feet); thence westerly and southwesterly along Pub. L. 99–338, June 19, 1986, 100 Stat. 641, as amended the crest of the main hydrographic divide next by Pub. L. 103–437, § 6(d)(4), Nov. 2, 1994, 108 Stat. 4583, north of Clover Creek and Dorst Creek to the provided: ‘‘That the Secretary of the Interior is hereby Junction of Stony Creek and Dorst Creek; authorized to issue a permit for ten years, and may thence following the west bank of the North issue not more than one renewal of equivalent dura- Fork Kaweah River to its junction with Cactus tion, for portions of an existing hydroelectric project, Creek; thence easterly along the first hydro- known as the Kaweah Project of Southern California graphic divide south of Cactus Creek to its Edison Company, to continue to occupy and use lands intersection with the present west boundary of of the United States within Sequoia National Park as necessary for continued operation and maintenance. Sequoia National Park, being the west line of ‘‘SEC. 2. The Secretary shall not execute any permit township 16 south, range 29 east; thence south- renewal prior to one hundred and twenty calendar days erly along said west boundary to the southwest from the date the same is submitted to the Committee corner of said township; thence easterly along on Energy and Natural Resources of the United States the present boundary of Sequoia National Park, Senate and to the Committee on Natural Resources being the north line of township 17 south, range [now Committee on Resources] of the United States 29 east, to the northeast corner of said township; House of Representatives. thence southerly along the present boundary of ‘‘SEC. 3. The permit shall contain a provision prohib- Sequoia National Park, being the west lines of iting expansion of the Kaweah Project in Sequoia Na- tional Park and shall also contain such other terms townships 17 and 18 south, range 30 east, to the and conditions as the Secretary of the Interior shall place of beginning; and all of those lands lying deem necessary and proper for the management and within the boundary line above described are in- care of Sequoia National Park and the purposes for cluded in and made a part of the Roosevelt-Se- which it was established.’’ quoia National Park; and all of those lands ex- Pub. L. 93–522, Dec. 14, 1974, 88 Stat. 1660, as amended cluded from the present Sequoia National Park by Pub. L. 95–625, title III, § 314(d)(3), Nov. 10, 1978, 92 are included in and made a part of the Sequoia Stat. 3482, authorized Secretary of the Interior to issue National Forest, subject to all laws and regula- a permit to occupy and use lands of United States with- in Sequoia National Park necessary for continued oper- tions applicable to the national forests. ation, maintenance, and use of hydroelectric project (July 3, 1926, ch. 744, § 1, 44 Stat. 818.) known as the Kaweah Number 3 project of Southern California Edison Company, provided that in no event EXCLUSION AND ADDITION OF LANDS could the term of such permit extend for any period in Certain lands excluded from Kings Canyon National excess of ten years following the date of its issuance, Park and added to Sequoia National Forest, see section unless specifically authorized by law, provided for 80a–1 of this title. terms and conditions of permit, required report on im- Page 75 TITLE 16—CONSERVATION § 45c pact of hydroelectric project, and provided for applica- tional Game Refuge and exclusion of such lands from bility of the Act. the Sequoia National Park. See section 45f(b)(2) of this Pub. L. 88–47, June 21, 1963, 77 Stat. 70, authorized title. Secretary of the Interior to issue a permit to use and occupy United States lands within Sequoia National EFFECTIVE DATE OF REPEAL Park necessary for continued operation, maintenance, Repeal effective on transfer of abolished Sequoia Na- and use of the Kaweah number 3 hydroelectric project tional Game Refuge by Secretary of Agriculture to ad- of Southern California Edison Company, which by its ministrative jurisdiction of the Secretary of the Inte- terms was to provide that any privileges granted there- rior under section 45f(b)(2) of this title, see section under were to be exercised in accord with Federal 314(g) of Pub. L. 95–625, set out as an Effective Date of Power Act (16 U.S.C. 791a et seq.) and rules and regula- Repeal note under section 688 of this title. tions promulgated thereunder, and which was to expire no later than Aug. 6, 1974. § 45b. Rules and regulations; leases; fish and Section 3 of act Dec. 21, 1943, provided as follows: game ‘‘Nothing in this Act [sections 45a–1 and 45a–2 of this title] shall be construed to alter or affect in any man- The said park shall be under the exclusive con- ner the provisions, or extend the term, of the permit trol of the Secretary of the Interior, whose duty heretofore granted to the Southern California Edison it shall be, as soon as practicable, to make and Company and predecessors thereof for the use of lands publish such reasonable rules and regulations, in the Sequoia National Park for electric power devel- not inconsistent with the laws of the United opment purposes, or to relieve the company of any fi- States, as he may deem necessary or proper for nancial or other obligation under said permit, or under the care, protection, management, and improve- agreements or orders relating or supplementary there- ment of the same, such regulations being pri- to.’’ marily aimed at the freest use of said park for SECTION REFERRED TO IN OTHER SECTIONS recreation purposes by the public and for the This section is referred to in section 45a–2 of this preservation from injury or spoliation of all title. timber, natural curiosities, or wonders within said park and their retention in their natural § 45a–2. Exchange of certain lands for lands con- condition as far as practicable, and for the pres- veyed to United States ervation of said park in a state of nature so far In exchange for the conveyance to the United as is consistent with the purposes of this Act. States of tract A, as provided in section 45a–1 of Such rules and regulations shall permit the tak- this title, the Secretary is authorized, in his dis- ing of fish by hook and line from the streams or cretion, to patent to the owner of tract A, sub- lakes in said park, but at such seasons, during ject to such terms and conditions as the Sec- such times, and in such manner as may be di- retary may deem necessary, certain lands of ap- rected by the Secretary of the Interior. Such proximately equal value described as follows: rules and regulations, however, shall provide Tract D. A portion of the southeast quarter of against the destruction of the wild life within section 33, township 16 south, range 29 east, said park, and the Secretary of the Interior is Mount Diablo meridian, Tulare County, Califor- authorized to take all such measures as shall be nia, comprising approximately two and fifty necessary to fully carry out the objects and pur- one-hundredths acres. poses of this Act. Said Secretary may, in his dis- In exchange for the conveyance to the United cretion, execute leases to parcels of ground not States of tracts B and C, as provided in section exceeding ten acres in extent at any one place to 45a–1 of this title, the Secretary is authorized to any one person or persons or company for not to patent, in a similar manner, to the owner of exceed twenty years, when such ground is nec- tracts B and C certain lands of approximately essary for the erection of buildings for the ac- equal value described as follows: commodation of visitors. Such leases or privi- Tract E. The southwest quarter of the north- leges may be renewed or extended at the expira- west quarter of section 4, which shall be subject tion of the terms thereof: Provided, That exist- to section 818 of this title; the south half of the ing leases from the Department of Agriculture northeast quarter of section 5; and approxi- may be continued, in the discretion of the Sec- mately sixty-eight acres of the north half of the retary of the Interior, for so long as such exten- southeast quarter of section 5, which shall not sion is not detrimental to the public purposes include the surveyed two-hundred-foot strip as for which the park is created. shown on map ‘‘D’’ of exhibit ‘‘K’’, entitled ‘‘De- (July 3, 1926, ch. 744, § 2, 44 Stat. 820.) tailed Map of Kaweah Project of the Southern California Edison Company, Ltd.’’, and filed in REFERENCES IN TEXT the office of the Federal Power Commission on This Act, referred to in text, is act July 3, 1926, which December 12, 1923; all of said lands in tract E is classified to sections 45a, 45b to 45e, and 688 of this being situated in township 17 south, range 29 title. For complete classification of this Act to the east, Mount Diablo meridian, comprising ap- Code, see Tables. proximately one hundred and eighty-eight acres. CROSS REFERENCES (Dec. 21, 1943, ch. 372, § 2, 57 Stat. 606.) Rules and regulations for Sequoia National Park, leases, timber, etc., see sections 3 and 43 of this title. CROSS REFERENCES SECTION REFERRED TO IN OTHER SECTIONS Electric power development permits, see note set out under section 45a–1 of this title. This section is referred to in section 45e of this title. § 45a–3. Repealed. Pub. L. 95–625, title III, § 45c. Prior claims, locations, and entries; per- § 314(g), Nov. 10, 1978, 92 Stat. 3483 mits for use of natural resources Section, Pub. L. 85–648, Aug. 14, 1958, 72 Stat. 604, au- Nothing herein contained shall affect any thorized addition of certain lands to the Sequoia Na- valid existing claim, location, or entry estab-