;

UNITED STATES DEPARTMENT OF THE INTERIOR

HAROLD L. ICKES, Secretary

NATIONAL PARK SERVICE

AnNO B. CAIfJ\IERER.Director

-

LAWS RELATING TO

THE NATIONAL PARK SERVICE

THE NATIONAL PARKS

AND MONUMENTS

COMPILED BY

HILLORY A. TOLSON

AUornell. Branch of Landa and Use

National Park Senice
CONTENTS

LAWS RELATING TO THE NATIONAL PARK SERVICE, THB

NATIONAL PARKS AND MONUMENTS

I. General legislation _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ __

H. Legislation relating to the national parks:

1. Acadia National Park__________________________________

2. Bryce Canyon National Park___________________________

3. Carlsbad Caverns National Park________________________

4. Crater Lake Natioilal Park __ _ _ _ __ __ __ __ _ __ __ __ _ _ _ _ _ _ ___

5. General Grant. National Park__ _ __ __ _ _ _ __ __ __ _ __ _ __ _ _ ___

6. Olacier National Park_________________________________

7; Grand Canyon National Park___________________________

8. Grand Teton National Park____________________________

9. Great Smoky Mountains National Park__________________

10. Hawaii National Park "___________________________

11. Hot Springs National ParL____________________________

12. Lassen Volcanic National Park__________________________

13. Mesa Verde National Park_____________________________

14. Mount McKinley National Park________________________

15. Mount Rainier National Park___________________________

16. Platt National Park_ __ __ ___ ___ __ __ ___ ____ ___ __ __

17. Rocky Mountain National Park_________________________

18. Sequoia National Park_________________________________

19. Sullys Hill National Parkl______________________________

20. Wind Cave National Park______________________________

21. Yellowstone National Park __ _ _ _ __ _ __ _ _ _ _ _ _ __ _ __ __ __ _ ___

22. Yosemite National Park n __ __ _ _ _ __ __ ___ _ __ _ _ __

23. Zion National Park _ ___ __ __ __ n

__ __________

24. Morristown National Historical Park_ __ __ _ _ __ _ __ _ _ _ _ ____

III. Legislation relating to proposed national parks:

1. Apostle Islands National Park__________________________

2. Everglades National Park _ _ __________

3. Grandfather Mountain National Park____________________

4. Isle Royale National Park______________________________

5. Mammoth Cave National Park_________________________

6. Shenandoah National Park_ _____ ____ _________

7. Upper Mississippi National Park ___ ___________

IV. Legislation relating to the national monumenta___________________

I Trau8ferred to the Department of Agr1cu1ture by Act of Maroh 8, 1931(411Btat. UOG).to be malntelned.

88 the Bull,. Hill ~a&naI Game Prmerve.

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I. GENERALLEGISLATION

Act of February 15, 1901, relating to rights of way through oartliin parkr.,

reservation,;, and other public lanus_ __ _ __ _ _ _ _ __ _ _ _ _ _ __ __ __ _ __ _ ____

Excerpt from Department of Agriculture appropriation act of March 4,

1911, authorizing heads of departments to grant casements for not to

exceed 50 years for rights of way through public lands o\'er which. they

have j urisdict.ion __ _ __ _ _ _ _ _ _ _ _ _ _ _ _

_ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _

Act of March 3, 1\)21, amending Federal Water Power Act of June 10,

1920 (41 Stat. 1063), to provide that no permits for work under that

act shall be granted in national parks and monuments without specific

authorit.y of Congress ________.._________ ____________._____

Act of February 6, 1905, providing for the protection of public forest

reserves and national parks of the United States___________________

Excerpts from act of March 4, 1909, codifying, revising, and amending

the penal laws of.the United States relative to 'timber depredations,

etc., on public lands _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Excerpts from act of June 25, 1910, providing punishment for t.imber

depredations on reservations or Indian lands and for failure to extinguish fircs thereon __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ __ _ _ _ _ __ _ _

Act of June 15, 1933, amending section 289 of the Criminal Code of the

Unit.ed States relative to adoption of State laws for punishment of

wrongful acts, etc __ _ __

..

__ _ _ _ _ __ __ _ __ _.. _ _ _ __ _ _ ..

__ _ _ __ __ _ _ _ __ _ __ __

Excerpt from Sundry Civil Act of August 24, 1912, limiting cost of buildings in the national parks to $1,000, except under express authority of

Congress_ _ _ _ _ _

_ _ _ __ _ _ _

__ _ _.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..

_ _ _ _ _ _ _ _ _

__ _ _ _ _ _ _ _ _

Excerpt from Sundry Civil Act of July I, 1918, increasing limitation of

cost of buildings in the national parks to $] ,500, except under express

authority of Congress __________ ________________________

Excerpt from Sundry Civil Act of August 24, 1912, authorizing certain

officers of the national parks and other Government reservations, etc.,

to administer oaths to expense accounts __

___ ___ __ __ __ _ __ ___ ____

Act of August 25,1916, establishing the National Park Service_________

Excerpt from act of June 2, 1920, relative to punishment for violation of

rules and regulations authorized by act of August 25, 1916, establishing

the National Park Service_ _ _ _ __ _ _ _

_ _ _ _ _ ~

__ ___ _ __ ____

Excerpt from Interior Department Appropriation Act of March 7, 1928,

relative to I1;ranting of privileges, leases, and permits for accommodation of public within national parks and national monuments_ ___ __ ~_

Excerpt from Sundry Civil Act of June 12, 1917, providing that all revenues

of na.tional parks, except Hot. Springs Reserva.tion, shall be covered

into the Treasury to the credit of miscellaneous receipts______.._______

Excerpt from Interior Department Appropriation Act of May 24, 1922,

providing that all revenues of Hot Springs National Park shall be covered into the Treasury to the credit of miscellaneous receipts_ ___ ______

Act of July 3, 1926, to facilitate and simplify the work of the National

Park ServicC\_ _ _ _._ ______ ____ _.. _______________.. __________________

Excerpt. from act of February 25, 1920, promoting the. mining of coal,

phosphate, potassium, oil, oil shale, gas, and helium on the public

domain________________________________________________________

Excerpt from Sundry Civil Act of June 5, 1920, authorizin!l; acceptance of

donated lands, etc., for national parks and monument.s_:_____________

Excerpt from act of November 9, 1921, providing that highways .in

national parks or in military or naval reservations shah not be taken over

by the Secretary of Agriculture_ __ __ ___ ___ __ _____ ______

Excerpts from act of April 9, 1924, authorizing construction, reconstruct.ion, and improvement of roads and trails, inclusive of necessary bridges,

in national parks and monuments, and for the transfer of Army road

material distributed under the Highway Act________________________

1
2 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Act of January 31, 1931, amending "ct of April 9, ~924, so as to provide

for national park approaches_ _ _ _ _ _ _

"

_____________

Exceryt from deficiency act of March 4, 1931, providing for inclusion of

natIonal monument approaches in provisions of act of April 9; 1924, as

amended by act of January 31, 1931-______________________________

Exceryt from act of July 21, 1932, providing for construction of roads in

natIonal parkt! and monuments and approach roads thereto of not less

than 8 miles which cross lands wholly or to extent of 90 per centum

owned by the United States______________________________________

Act of September 20, 1922, providing for the protection of timber owned

by the United States from fire, disease, or ravages of beetles or other

insects_________________________________________________________

Excerpts from Interior Department Appropriation Act of January 24,

1923, providing for purchases of supplies and services not exceeding $50

by the National Park Service in the open market without advertising

and for exchanges for new equipment__ __ _________ _____

Excerpt from Interior Department Appropriation Act of January 12,

1927, providing for purchases of supplies and services not exceeding

$100 by the National Park Service in the open market without advertising__________________________________________________________

Excerpts from Interior Department Appropriation Act of May 10,1926,

authorizing contracts for medical attention and service. for National

Park employees, and making appropriations for administration, etc., of

national parks and monuments available for expense of depositing

public moneys_ _ _ __ ___ _ __ __ _ _ ~_ ___ __ __ _ _ _ _ _ ___ _ ___ __ _ _ __ _ ___ _ ___

Act of February I, 1928, concerning actions on account of death or personal

injury within places under exclusive jurisdiction of the United States__

Excerpt from Interior Department Appropriation Act of March 7, 1928,

providing that funds available for equipment purchases may be used to

purchase waterproof footwear. _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ __ _ _ _ _ __

Excerpts from act of April 10, 1928, providing for cooperation by the

Smithsonian Institution with States, educational institutions, and

scientific organizations for continuing ethnological researches among

the American Indians_ ______ __ __ __ ____ __ __ __ __ ____ ___ ___ ___ __

Excerpt from Interior Department Appropriation Act of March 4, 1929,

forbiddint use of National Park Service appropriations where campground privileges are charged for__________________________________

Act of April 18, 1930, authorizing maintenance of central warehouses in

national parks and monuments and appropriations for the purchase

of supplies to be kept therein _ _ _ __ __ __ _ _._ _ __ __ __ __ _ _ _ _ _ __ _ __ __ ____

Act of May 26, 1930, to facilitate the administration of the national parks

by the United States Department of the Interior___.----------------

Act of February 14, 1931, permitting payments for the operation of motorcycles and automobiles used for necessary travel on. official business on a

mileage basis in lieu of actual operating expenses____________________

Excerpt from Treasury-Post Office Appropriation Act of March 3, 1933, reducing rates allowed for transportation of civilian officers, etc., by motorcvcle or automobile _

_ _ _ _ _ _ _ _ ___ __ ___ _ ___ _ __ __ _ ___ _ _ _ _ ___

An Act Relating to rights of way through certain parks, reserva.

tions, and other public lands, approved February 15, 1901 (31

Stat. 790)

Be it enacted by the Senate rmd House of Representatives of the .United States of A7MrWa in Oongress assembled, That the Secretary of the Interior be, and hereby is,

authorized and empowered, under general regulations to

Rightsof way be fixed by him, to permit the use of rights of way

=g~~~~~. through the public lands, forest and other reservations

~orl.ed. Seep. of the United States, and the Yosemite, Sequoia, and .

General Grant national parks, California, for electrical

plants, poles, and lines for the generation and distribuPublic lands.

Pare

14

15

16

16

16

17

17

17

18

18

18

18

19

21

22
GENERAL LEGISLATION 3

tion of electrical power, and for telephone and telegraph ~~~~:~ ~ ~6

purposes, and for canals, ditches, pipes and pipe lines,8, below;:.nd bi

flumes, tunnels, or other water conduits, and for water ~~::~.fc:t:,

plants dams and reservoirs used to promote irrigation June10,1920,U

. '. ,

.

h f

. . Stat.1068,as

or mmIng or quarrymg, or t e manu acturmg or cuttmg amendedbyU

of timber or lumber, or the supplying of water for domes- ~::~.~~~~'

tic, public, or any other beneficial uses to the extent of

the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants,

or electrical or other works permitted hereunde.r, and not Width.

to exceed fifty feet on each side of the marginal limits

thereof, or not to exceed fifty feet on each side of the

center lines of such pipes and pipe lines, electrical, tele.

graJ?h, and telephone lines and poles, by any citizen, associatIOn, or corporation of the United States, where it is

intended by such to exercise the use permitted hereunder

or anyone or more of the purposes .herein named: Pro- p,.ot>U~f

I/Jided, That such permits shall be allowed within or :srro

0 perthrough any of said parks or any forest, military,

Indian, or other reservation only upon the approval

of the chief officer of the Department under whose

supervision such park or reservation falls and upon a

.finding by him that the same is not incompatible

with the public interest: Provided further, That all Telegraphetc.

permits given .hereunder for telegraph and telephone p~lts.'

,

purposes shall be su~ject to the provision of title sixtyfive of the Revised Statutes of the United States, and

amendments thereto, regulating rights of way for telegraph companies over the public domain -: And proVided fwrther, That any permission given by the Secretary of the Interior under the provisions of this Act may RevocatiODof

be revoked by him or his successor in his discretion. and

permits.

shall not be held to confer any right, or easement, or

interest in, to, or over any public land, reservation, or

park. (U.S. C., title 16, sec. 79.)

Excerpt from "An Act Making appropriations for the Department

of Agriculture for the fiscal year ending June SO,1912," approved

Karch 4, 1911 (36 Stat. 1253)

The head of the department having jurisdiction over ~~:i o~wa:jfor

the Lands is authorized and empowered, under general (Ame:dedD~u

regulations to be fixed by him, to grant an easement for S~t) 18Ii8. See

rights of way, for a period not exceeding fifty years from ~ra~tsaUowed

the date of the issuance of such grant, over, across, and forbft°cover

upon the public lands, national forests, and reservations li~oJ parka;::

of the Umted States for electrical poles and lines for the

transmission and distribution of electrical power, and for

poles and lines for telephone and telegraph purposes, to (Amends81stat.

the extent of twenty feet on each side of the center line 790. Seep.2.)

of such electrical, telephone and telegraph lines and

poles, to any citizen, association, or corporation of the

United States, where it is intended' by such to exercise

iSee .solicitor's Opinion of June 6, 1932 (Y,27036).
4 LAWS FOR NAT. PARK SERVICE, PAR,KS, & MONUMENTF.

the right of way herein granted for anyone or more of

the purposes herein named: Provirkd, That such right

of way shall be allowed within or through any national

park, national forest, military, Indian, or any other resOfficialapprovalervation only upon the approval of the chief officer of required. the department under whose supervision or control such

reservation falls, and upon a finding by him that the

same is not incompatible with the public interest: Pr'ovided, That all or any part of such right of way may be

forfeited and annulled by declaration of the head of

the department having jurisdiction over the Lands for

nonuse for a period of two years or for abandonment.

Any citizen, association, or corporation of the United

Existingpermits.States to whom there has heretofore been issued a permit

for any of the pUl'poses specified herein under any existing law, may obtain the benefit of this Act upon the

same terms and conditions as shall be required of citizens

associations, or corporations hereafter making application under the provisions of this statute. (U.S.C., title

16, sec. 5.)

Forfeiture.

An Act To amend an act entitled "An Act To create a Federal

Power Commission; to provide for the improvement of navigation; the development of water power, the use of the public lands

in relation thereto; and to repeal section 18 of the River and

Harbor Appropriation Act, approved August 8. 1917, and for other

purposes," approved June 10, 1920, approved March 3. 1921 (41

Stat. 1353)2

Federal W9.ter Be it enacted by the Senate and House of Representa-

~fa~~rl~~h~u tives of tl~~ United States of Ame1:lca i,,!-Congress assert1--

No permitstor bled, That hereafter no permIt, lIcense, lease, or

works under, ill tl . .

f d d

.

t

.

nationalparksor au lOrIZatlOn or ams, con UI s, reservoIrS, power

monuments with h t

.. I' th I f t' outspecificau-- ous.es, ransmISSlOn mes, or 0 er wor {s or s or~g~ or

thorityofCon- CarrIage of water, or for the development, transmISsIOn,

gress.

or utilization of power, within the limits as now constituted of any national park or national monument shall

be granted or made without specific authority of Congress, and so much of the Act of Congress approved June

10, 1920, entitled "An Act to create a Federal Power

Commission; to provide for the improvement of navigation; the development of water power; the use of the

public lands in relation thereto; and to repeal section. 18

of the River and Harbor Appropriation Act, approved

August 8, 1917, and for other purposes," approved June

.AuthorityforJj- 10, 1920, as authorizes licensing such uses of existing na-

:~~.

therein tiona 1 parks and national monuments by the Federal

Power Commission is hereby repealed. (D.S.C., title 16,

sec. 797.)

An Act For the protection of the public forest reserves and national

parks of the United States, approved February 6, 1905 (33 Stat.

700)

Be it enacted by tlte Senate and House of Representatives of the United States of America in Congress assem-

. Amends 31 Stat, 790 (see p. 2) "and 36 Stat. 1253 (ACe p. 3),
GENERAL LEGISLATION 5

bled, That all persons employed in the forest reserve and

national park service of the United'States shall have au- :gd~atr~=es

thority to make arrests for the violation of the laws and parks.

f

.

1

.

1

.

1 f d t

.

1

Arrests or VIO- regu atlOns re atmg to t Ie orest reserves an na lOna latinglawa,etc.

parks, and any person so arrested shall be taken before

the nearest United States commissioner, within whose

jurisdiction the reservation or national park is located,

for trial; and upon sworn information by any competent

person any United States commissioner in the proper

jurisdiction shall issue process for the arrest of any per- Process.

son charged with the violation of said laws and regulations; but nothing herein contained shall be construed

,

as Preventin g the arrest bv aD" officer of the United ArrestWIthout

. J process. States, without process, of any person taken in the act

of violating said laws and regulations. (U.S.C., title 16,

sec. 10. )

.

Excerpts from "An Act To codify, revise, and amend the penal

laws of the United States," approved March 4, 1909 (35 Stat.

1098)

SEC. 49. Whoe\-er shall cut or cause or Procure to be Timberdepred,a. ,

tIonson publIc cut, or shall wantonly destroy, or cause to be wantonly lands.

destroyed, any timber growing on the public lands of the

United States.; or whoever shall remove, or cause to be

removed, any timber from said public lands, with intent

to export or to dispose of the same; or whoever, being the

owner, master, or consignee of any vessel, or the owner,

director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or

lumber manufactured therefrom, shall be fined not more

than one thousand dollars or imprisoned not more than Punishmentfor.

one year, or both. Nothing in this section shall prevent Rightsof entryany miner or agriculturist from clearing his land in the men.

ordinary working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber

necessary to support his improvements, or the taking of

timber for the use of the United States. And nothing in

this section shall interfere with or take away anv right

or privilege under any existing law of the United" States

to cut or remove timber from any public lands. (U.S.C.,

title 18, sec. 103.)

SEC.50. 'Whoever shall unlawfully cut, or aid in unlaW-Timber,etc.,depfully cutting, or shall wantonly injure or destroy, or pro-

~:n~: ~~rI":

cure to be wantonly injured or destroyed, an y tree, grow- dian lan

d

. ds.

' d

. .

b

. mg, stan mg, or emg upon any land of the Umted . Stat. (Amen867. ed bySeep. 36

States which, in pursuance of law, has been reserved 01'7.)

purchased by the United States :for any public use, or

upon any Indian reservation, or lands belonging to or

occupied by any tribe of Indians under the authority of

the United States, shall be fined not more than five hun- Punishmentfor.

dred dollars, or imprisoned not more than one year, or

both.

SEC. 51. Whoever shall cut, chip, chop, or box any tree Boxing,etc.,

upon any lands belonging to the United States, or upon :fn~ forturpen-
6 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

any lands covered by or embraced in a:ny unperfeeted settlement, application, filing, entry, selection, or location,

made under any law of the United States, for the purpose

of obtaining from such tree any pitch., turpentine, or

other substance, or shall knowingly encourage, cause,

procure, or aid in the cutting, chipping, chopping, or

boxing of any such tree, or shall buy, trade for, or in any

manner acquire any pitch, turpentine, or other substance,

or any article or commodity made from any such pitch,

turpentine, or other substance, when he has lrnowledge

that the same has been so unlawfully obtained from such

Punishmentfor trees, shall be fined not more than five hundred dollars,

or imprisoned not more than one year, or both. (U.S.C.,

title 18, sec. 105.)

~i~~~'O~r~~bliCSEO. 52. Whoever shall willfully set on fire, or cause to lands. be set on fire, any timber, underbrush, or grass upon the

public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material,

Punishmentfor. shall be fined not more than five thousand dollars, or

imprisoned not m9re than five years, or both. (U.S.C.,

title 18, sec. 106.)

:::ln~r~. extin- SE? 5

b

3. Whoe

h

ver .sh

fl

all buil

b

d

l

a fire ip

l

or near

h

any f

b

o

l

:-

(Amendedby 36est, bm er, or ot er In amma e matena upon t e pu IC Stat.857. Seep.domain shall before leavin g !';aid fire totall. y extin gu ish 7.) , ~,

the same: and whoever shall fail to do so shall be fined

Punishmentfor. not more" than one thousand dollars, or imprisoned not

more than one year, or both.

. .

SEO. 54. In all cases arising under the two preceding

:;'\~~c~~~fJ'naJ:sections the fines collected shall be paid into the public

school fund of the county in which the lands where the

offense was committed are situated. (D.S.C., title 18,

sec. 108.)

* * * * *

B ki f

SEO. 56. Whoever shall knowingly and unlawfully

rea ng ences, driving"'!ttle. brea,k open, or destroy any gate, fence, hedge, or wall

:~bhcola~~:OSed inclosing any lands of the United States which, in pursuance of any law, have been reserved or purchased by the

United States for any public use; or whoever shall drive

any cattle, horses, hogs, or other live~ock upon any such

lands for the purpose of destroying the grass or trees on

said lands, or where they may destroy the said grass or

trees; or whoever shall knowingly permit his cattle,

horses, hogs, or other livestock, to ent~r through any such

inclosure upon any such lands of the United States, where

such cattle, horses, hogs, or other livestock mayor can

destroy the grass or trees or other property of the United

States on the said lands, shall be fined not more than five

Punishmentfor. hundred dollars, or imprisoned not more than one year,

or both: Provided, That nothing in this section shall be

construed to apply to unreserved public lands. (U.S.C.,

title 18, sec. 110.)

Injuringor reo SEC. 57. Whdever shall ;Willfully destroy, deface,

moving survey I t h I

.

marks. Clange, or remove 0 anot er p ace any sectIon corner,
GENERAL LEGISLATION 7

quarter-section corner, or meander post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of a Government survey, or shall willfully deface, change, or remove

any monument or bench mark of any Government survey, Punishmt f

shall be fined not more than two hundred and fifty dol- en or.

lars, or imprisoned not more than six months, or both.

(U.S. C., title 18, sec. 111.)

SEC. 58. Whoever in any manner, by threats or force, Interruptingsur.

shall interrupt, hinder, or prevent the surveying of the \'e)'ll.

public lands, or of any private land claim which has been

or may be confirmed by the United States, by the J?ersons

authorized to survey the same, in conformity wIth the

iristructions of the Commissioner of the General Land

Office shall be fined not more than three thousand dollars Punishmentfor. ,

and imprisoned not more than three years. (U.S.C., title

18, sec. 112.)

* * * * *

SEC. 60. Whoever shall willfully or maliciously injure InjurlestoUnited

or destroy any of the works, property, or material of any ~::'~"'lln~.egraph,

telegraph, telephone, or cable line, or system, operated or

controlled by the United States, whether constructed or

in process. of construction, or shall willfully Qr maliciously interfere in any way with the working or use of

any such line, or system, or shall willfully or maliciously

obstruct, hinder, ,or delay the transmission of any communication over any such line, or system, shall be fined

not more than OJ;lethousand dollars, or imprisoned not PDDlshment tor.

more than three yea~ or both. (U.S. C., title 18, sec.

116.) .

Excerpts from "An Act To provide for determining the heirs of

deceased Indians, for the disposition and sale of allotments of

deceased Indians, for the leasing of allotments, and for other

purposes," approved 1une 25, 1910 (38 Stat. 857)

SEC. 6. That section fifty of the Act entitled, "An Act t:imberdepredato codify, revise, and amend the penal laws of the United ~~r-85.p. 1098,

~tates," approved March 4, 1909 (35 Stat. 1098), is r'encled. Seep.

hereby amended so as to read: .

"SEC 50 Whoever shall unlawfull y cut or aid in un- Punishmentfor .

'. ..

, depredations011 lawfully cuttmg, or shall wantonly m)ure or destroy, or r~"atlons or

b I

. .

' d d d

IndIan Jands. procure to e wanton y mJure or estroye, any tree,

growing~ standin'g, or being upon any land of the Uniteq.

States which, in pursuance of law, has been reserved or

purchased by the United States for any public use, or

upon any Indian reservation, or lands belonging to or

occupied by any tribe of Indians under the authority of

the United States, or any Indian allotment while the title

to the same shall be held in trust by the Government. or T tilt while the same shall rrmain inalienable by the allottee Incl~d~.otmens

without the consent of the United States, shall be fined

not more than $500, or imprisoned not mOre than one

year, or both." (U.S.C., title 18, &'Cc.104.)
8 LAWS FOR NAT. PARK SERVICE, PARKS, &; MONUMENTS

Vol.85,p. 1098, That section fifty-three of said Act is hereby amended amended.Seep.SO as to read:

~unishmentfor" SEC. 53. Whoever shall build a fire in or near any

not extinguisbing f t

.

b h

.

fl bl .

IIreson reserva-ores, tlm er, or ot er In amma e matena I upon the

tioDS or Indian

E

ublic domain or Up on an y Indian reservation or lands Jands. .'. elongmg to or occupIed by any tribe of Indians' under

the authority of the United States, or upon any Indian

Trost allotmentsallotment while the title to the same shall be he1d in trust

included. b th G t h' l h h II

.,

y e overnmen, or w let e same s a remaIn Inalienable by the allottee without the consent of the United

States, shall, before leaving said fire, totally extinguish

the same; and whoever shall fail to do so shall be fined

not more than $1,000, or imprisoned not more than one

year, or both." (D.S.C., title 18, sec. 107.)

An Act To amend section 289 of the Criminal Code, approved lune

Vol. 85, p. 1145, 15, 1933 (H.R. 5091)

amended. Be -it enacted by the Senate and Hou,~e of Representatives of the United States of America in Oongress assembled, That section 289 of the Criminal Code (U.S. C.,

title 18, sec. 468) be, and it is hereby, amended to read

R.S. 53,91. p. as follows: 1045. ,\0130,p.

" s 289

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1 I

..

717. EC..v loever, Wit m t e terntorla f

.

Imlts 0

any St.ate, organized Territory, or District, but within or

upon any of the places now existing or hereafter reserved

or acqUIred, described in section 272 of the Criminal

Code (U.S.C., title 18, sec. 451),3 shall do or omit the

La f Stat doing of any act or thing which is not made penal by

!'d:;t"odfor~~. any laws of Congress, but which if committed or omitted

f~~~~.o~~Ong.within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof

in force on June 1, 1933, and remaining in force at the

time of the doing or omitting the doing of such act or

thing, would be penal, shall be deemed guilty of a like

offense and be subject to a like punishment."

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending lune SO,

1913, and for other purposes," approved August 24, 1912 (37 Stat.

460)

Limit on cost of d

. .

f d

.. .

buildingsin na. No expen Iture for constructIOn 0 a nllmstratlOn or

tiona! parks. h b

.

ld '

.,

f b

.

ld '

.

(Amendedby 400t er Ul mgs costing In case 0 any UI Ing In excess

Stat. 677. Seep. of $1000 shall be made in any national park except 8 below.) ,

.

C

.

Exception. under express authorIty of ongress: Provide.,d 'That

this shall not apply to buildings now in the process of

actual construction. (D.S.C., title 16, sec. 451.)

Excerpt from "An Act Making appropriations for sundry civil expenses of .the Government for the fiscal year ending June 30,

1919, and for other purposes," approved July 1, 1918 (40 Stat.

677) .

Costorbuildings The limitation of cost upon the construction of any incl'eased. administration or other building in any national parle

.Includes any lands reserved or acquired for the excJush'e use of the

UnitP-d States, and under tbe exclusive jurisdiction thereof.
GENERAL LEGISLATION 9

without e.xpress authority of Congress, contained in the

sundry civil appropriation Act approved August 24, (Amends37Stat.

1912, is increased from $1,000 to $1,500. (U.S.C., title 466. Seep. 8.)

16, sec. 451.)

Excerpt from "An Act :Makingappropriations for sundry.civil expenses of the Government for the fiscal year ending June 30,

1913, and for other purposes," approved August 24, 1912 (37 Stat.

487)

After June 30, 1912,' postmasters, assistant postmas- Oathsto expense

tel'S, collectors of customs, collectors of internal revenue, accounts.

chief clerks of the various executive departments and AdditionaI'otlicers bureaus , or clerks designated by them for the purpose, au.~orizedto ad.

. -. d t t d

. mlDlster. the supermtendent, the ac:tmg suparmten en , cus 0 lan,

and principal clerks ()f the various national parks and

other GovernInent reservations, superintendent, acting

superint~ndents, and principal clerks of the different

Indi.an superintendencies or Indian agencies, and chiefs

of field parties, are required, empowered, and authorized, when requested, to aclminister oaths, required by

law or otherwise, to accounts for travel or other expenses

against the United States, with like force and effect as

officers having a seal; for such services when so rendered

or when rendered on demand after said date by notaries

public, who at the time are also salaried officers or emplovees of the United States, no charge shall be made;

and on and after July 1, 1912, no fee or money'paid for ~~~arges aIthe services herein described shall be paid or reimbursed :'0~~mbu;r- by the United States. (U.S.C., title 16, sec. 454.) en erea er.

An Act To establish a National Park Service, and for other purposes approved August 25, 1916 (39 Stat. 535)

Be it enacted by the Senate antJ House of Representatives of the Vrvited States of .America in OonfJ7'ess

assembled, That there is hereby created in the Department of the Interior a service to be called the Nahonal NationalPa'k Park Service, which shall be under the charge of a di- serviceestab~

rector, who shall be appointed by the Secretary and who ~~~::ior.etc..to

shall receive a salar y of $4,500 Per annum . There shall beappointed.

(Amended by 42 also be appointed by the Secretary t~e following assist- :,t. 1488"Cl,~s- ants and other employees at the salarIes designated: One cationAct.)

assistant director, at $2,500 per annum; one chief clerk,

at $2,000 per annum; one draftsman, at $1,800 per

annum; one messenger, at $600 per annum; and, ill addition thereto~ such other employees as the Secretary of the

Interior shall deem necessary: ProvidetJ, That not more

than $8,100 annually shall be expended for salaries of Limitforexperts.

experts, assistants, and employees within the District of

Columbia not herein specifically enumerated unless previously authorized by law. The service thus establisned

P d II d shall promote and regulate the use of the Federal areas urposee ne .

known as national parks, monuments, and reservations

hereinafter specified by such means and measures as conform to the. fundamental purpose of the said parks,
10 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and

the wild life therein and to provide for the enjoyment

of the same in such manner and by such means as will

leave them unimpaired for the enjoyment of future

generations. (U.S.C., title 16, sec. 1.)

~~r. f

SEC.2. That the director shall, under the direction of

tio~fpa~b,n:ic.the Secretary of the Interior, have the supervision, management, and control of the several national parks and

national monuments which are now under the jurisdiction of the Department of the Interior, and of the Hot

Springs Reservation in the State of Arkansas, and of

such other national parks and reservations of like character as may be hereafter created by Congress: Provided,

That in the supervision, management, and control of national monuments contiguous to national forests the SecNationa!. monu.'retary of Agriculture may cooperate with said National

men~ con~F~ Park Service to such extent as may be requested by the

~:r"esta.

na 0

Secretary of the Interior (U.S.C., title 16,sec. 2.)

SEC.3. That the Secretary of the Interior shall make

RegulatiOD8

t

for and Publish such rules and re g ulations as he ma y deem

managemen.

etc..tobemade.necessary or proper for the use and management of the

parks, monuments, and reservations under the jurisdicP nishmentfor tion of the National Park Service, and any violations of

¥i~I.tiona. any of the rules and regulations authorized by this Act

~t.~e~;:t ~ ~~shall be'punished as provided for in section fifty of the 11.) Act entitled "An Act to codify and amend the penal laws

of the United States," approved March fourth, nineteen

hundred and ninel. as amended by section six of the Act

of June twenty-fitth, nineteen hundred and ten (Thirtysixth United States Statutes at Large, page eight hundred and fifty-seven). He may also, upon terms and

~'-I of tim. conditions to be fixed by him.1 sell or dispose of timber

.

in those cases where in his jUdgment the cutting of such

timber is required in order to control the attacks of

insects or diseases or otherwise conserve the scenery or

the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for the destruction of such animals and of such

plant life' as may be detrimental to the use of any of said

parks, monuments, or reservations. He may also grant

IA88es,etc., forprivileges, leases7 and permits for the use of land for

:r:bi~tion the accommodatIOn of visitors in the various parks,

(~ed' bJ U monuments, or other reservations herein provided for,

Stat.286. Seep.but for periods not exceeding twenty years; and no nat- 11.) ural curiosities, wonders, or objects of interest shall be

leased, rented, or granted to .anyone on such terms as to

interfere with free access to them by the public: P"Ovided, however, That the Secretary of the Interior may,

under such rules and regulations and on such terms as

QruiDgpermit..he may prescribe, grant the privilege to graze live stock

within any national park, monument, or reservation
GENERAL LEGISLATION 11

herein referred to when in his ju!fgment such use is not

detrimental to the primary purpose for which such park,

monument, or reservation was created, except that this Yellowstone Park

provision shall not apply to the Yellowstone National excepted.

Park. (U.S.C., title 16, sec. 3.)

SEC. 4. That nothing in this Act contained shall affect Rightsofwaynot

or modifY the provisions of the Act approved February affected.

fifteenth, nineteen hundred and one, entitled "An Act

relating to rights of way through certain parks, reservations, and other public lands.',' (U.S.C., title 16, see, 4.) rs~~:12I 790.

Excerpt from "An Act to accept the cession by the State of California of exclusive jurisdiction of the lands embraced within the

Yosemite National Park, Sequoia National Park, and General

Grant- National Park, respectively, and for other purposes,"

approved 1une 2, 1920 (41 Stat. 732)

Section 3 of the Act of Congres's approved August 25,

1916 (39 Stat. 535), entitled "An Act To establish a Na- :~~::d. Pse~3~:

tional Park Service, and for other purposes," is hereby 9.

amended by striking therefrom the words" and any violations of any of the rules and regulations authorized

by this Act shall be punished as provided for in section

50 of the Act entitled 'An Act To codify, revise, and

amend the Penal Laws of the United States,' approved

March 4, 1909, as amended by section 6 of the Act of

.June 25, 1910 (Thirty-sixth United States Statutes at

Large, page 857)," and inserting in lieu thereof the words

"and any violation of any of the rules and regulations Pun\Rbment

authorized by this Act shall be punished by a fine of not modified.

more than $500 or imprisonment foJ."not exceeding six

months, or both, and be adjudged to pay all cost of the

proceedings." (U.S.C., title 16, sec. 3.)

Excerpt from "An Act ][aldng appropriations for the Department of

the Interior for the fiscal year ending 1une 30, 1929, and for

other purposes," approved Karch 7, .1928 (45 Stat. 235)

Section:3 of the Act of August 25,1916 (39 Stat. 535), Vol.39, p. 6S6,

entitled "An Act to establish a National Park Service, :~ended. Seep.

and for other purposes," is hereby amended by adding

the following thereto: "And provi<kd /

urther, That the P~ovu~. . . .

"

LIcenses (or ac. .Secretary of the Interior may grant sal prIvIleges, leases, commodationsfor

and permits and enter into contracts relating to the same vi.ito"!.without

.

h

.

bl fi

"

]

adverti.h,g. 'Wlt responsl e persons, rms, or corporatIOns WIt lout

advertising a.nd without securing competitive bids: And

provided further, That no contract, lease, permit, or

privilege granted shall be assigned or transferred by such

T

(

to b grantees, permittees, or licenses). without the approval 01 n~~~v':Jby s:". the Secretary of the Interior tlrst obtained in writing: retar)'.

.And provided fwrther, That the Secretary may, in hiB

discretion, authorize such grantees, permittees, or licen- Grantees,etc.,

sees to execute mortgages and issue bonds, shares of stock, "tar issnehonds,

and other evidences of interest i,n or indebtedness upon e c.

their rights, properties, and franchises, for the purposes
12 LAWS FOR" NAT. PARK SERVICE, PARKS, & MONUMENTS

of installing, enlarging, or improving plant and equipment and extending facilities for the accommodation of

the public within such national parks and monuments."

(v.s.e., 6th supp., title 16, sec. 3.)

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30,

1918, and for other purposes," approved June 12, 1917 (40 Stat.

153)

::;::~~s b~o~v_ From and after July 1, 1918, all revenues of the naTed Intothe tional parks, except Hot Springs Reservation, Arkansas, reaaury. shall be covered into the Treasury to the credit of misEt' t

cellaneous receipts; and the Secretary of the Interior

q~i;~~es re- is directed to submit, for the fiscal year 1919 and annu-

(A d d b 42ally thereafter, estimates of the amounts required for

Sta~e~9~,sle p. the care, maintenance, and development of the said

12 below; and H .k (V S C t ' tl 16 452 ) Stat.900,seep. pal s. ..., Ie. , sec. _' 12 below.)

Excerpt from "An Act Making appropriations for the Department of

the Interior for the fiscal year ending June 30, 1923, and for

Hot Springs,Ark. other purposes," approved May 24, 1922 (42 Stat. 690)

Revenuesto be

coyere

ll

d In ss From and after July 1, 1922, all revenues of the Hot

mlsce aneOU9re .

celpts. Sprmgs NatIOnal Park shall be covered mto the Treas-

(Amends 40 Stat.

153. Seep. 11 ur y to the credit of miscellaneous recei pts , exce p t such

above.) (Amend- as ma y be necessar y to Pav obli gations outstandin g on edby14Stat. . .

900. Seep.12 June 30,1922. (V.s.C., tItle 16, sec. 452-.)

below. )

An Act To facilitate and simplify the work of the National Park

Service, United States Department of the Interior, and for other

purposes, approved July 3, 1928 (44 Stat. 900)

Be it enacted by the Senate and House of Representatives of the United States of A7Mrica in Oongress assembled, That the Secretary of the Interior is hereby authorSale of tood, etc.,ized to aid and assist visitors within the national parks or

~~~~si;,t~:~~o~il. national monuments in emergencies and when no other

park~andmonu-source is available for the procurement of food or sup- mens. plies, by the sale, at cost, of food or supplies in quantities

sufficient to enable them to reach safely a point where

Proviso. such food or supplies can be purchased: Provided, That

Receipts avail- tl

.

t f h I h 11b d

.

able for furtber . Ie recelp s rom suc sa es s a e eposl ted as a re fun d

f~rcba:"40Stat to the appropriation or appropriations current at the

IS;:,e:.e p. 12 .

date of covering in of such de

fc

esit and shall be available

above' and 42 f h h f

. .

1 d 1

.

Stat. 590,seep. or t e purc, ase 0 Slml ar 00 or supp les. (VSe...,

12above.) 6th supp., title 16, sec. 12.)

Medicalasslst- SEC. 2. That the Secretary of the Interior, in his disance etc to em- t

. .

th ' d

.

ploy~sai'i801ated cre lOn, IS au OrIze to prOVIde, ou t 0f moneys appro- situations. priated 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

AttentionIncaseavailable, and in case of death to remove the bodies of ofdeath. deceased employees to the nearest place where they can

be prepared for shipment or for burial. (v.s.e., 6th

supp., title 16, sec. 13.)
GENERAL LEGL<;LATlON 13

Excerpt from "An Act To promote the mining of coal, phosphate,

oil, oil shale, gas, and sodium on the public domain," approved

February 25, 1920 (41 Stat. 437)'

Deposits of coal, phosphate, sodium, oil, oil shale, or ~~::::'~l:ll~'min.

gas, and lands containing such deposits owned by the er!,1~ita on.

United States, including those in national forests, but ~~~~ns,e~:

to

excluding lands acquired under the Act known as the ~i'~6ex~IU~~.

Appalachian Forest Act, approved March 1, 1911 (36

. ,. .

Stat. 961), and those in national parks, and in lands

withdrawn or reserved for military or naval uses or purposes, except as hereinafter provided, shall be subject to

disposition in the form and manner provided by this Act

to citizens of the United States, or to any association or

such persons, or to any corporation or§

anized under the Coal:~tc.,.~

I f h U

.

d S f T

. mUnICIpalIties.

aws 0 t e mte tates, or 0 any tate or ern tory

thereof, and in the case of coal, oil, oil shale, or gas, to

municipalities: Provided, * * *

(U.S.C., title 30, Pr01Ji....

sec.lSl. )

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30,

1921, and for other purposes," approved Iune 5, 1920 (41 Stat.

917)

The Secretary of the Interior in his administration of

the National Park Service is authorized, in his discretion, to accept patented lands, rights of way over pat- Acceptanceofdoented lands or other lands, buildings, or other property f::-:a~~~:tc.,

within the various national parks and national monu- monuments.

ments, and moneys which may be donated for the purposes of the national park and monument system.

(U.S.C., title 16, sec. 6.)

Excerpt from "An Act To amend the Act entitled 'An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,' approved Iuly

11, 1918, as amended and supplemented, and for other purposes,"

approved November 9, 1921 (42 Stat. 212)

SEC. 3. All powers and duties of the Council of N a- Councilof National Defense under the Act entitled "An Ad making tional Defense.

appropriations for the support of the Army for the fiscal

year ending June 30, 1917, and for other purposes," Powersof, In 10-

approved August 29, 1916, in relation to highway or ":ti'1 hi~b~B,

highway transport, are hereb~ transferred to the' Secre- ~ocsecr;:,~~of

tary of Agriculture, and the Council of National Defense ~fI!~~~"660.

is directed to turn over to the Secretary of Agriculture

the equipment, material, supplies, papers, maps, and documents utilized in the exercise of such powers. The

powers and duties of agencies dealing with highways in

the national parks or in' military or naval reservations N~}.ional par"",

under the control of the United States Army or Navy, :::,:V~~7":~~-

or with high$ays used principally for military or naval tions.

purposes, shall not be taken over by the Secretary cJ. C t 1 f bigb

Agriculture, but such highways shall remain under the :.:;.roin~not' dfaturbecL

'Amended by Act of February 7, 1927 (44 Stat. 1058), whIch added

.. depoalts of potassium." (V.S.C., 6th aupp., title 30, aec. 181.)
14 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

control and jurisdiction of such agencies.

23, sec. 3.)

(U.S.C., title

Excerpts from "An Act Authorizing the construction, reconstruction, and improvement of roads and trails, inclusive of necessary

bridges, in the national parks and monuments under the jurisdiction of the Department of the Interior," approved April 9,

1924 (43 Stat. 90)

The Secretary of the Interior, in his administration of

the National Park Service, is hereby authorized to construct, reconstruct, and improve roads and trails, inclusive of necessary bridges, in the national parks and

monuments under the jurisdiction of the Department of

the Interior. ~U.S.C., title 16, sec. 8.)

Tranafer ofAI'm1' SEC. 3. The Secretary of Agriculture is authorized to

~::=der reserve from distribution to the several States, in addia~~o';t~lct. .

tion to the 10 per centum authorized by section 5 of the

Act of November 10, 1921 (42 Stat. 213), not exceeding

5 per centum of the ma.terIal, equipment, and supplies

hereafter received from the Secretary of War, and to

transfer said material, equipment, and supplies to the

Secretary of the Interior for use in constructing, reconstructing, improving, and maintaining roads and trails

Pro9i60. in the national parks and monuments: Provided, That no

~~r chargeacharge shall be made for such transfer except such sums

(Amendedb146as may be agreed upon as being reasonable charges for

Stat. 1068 See f

.

ht h dl ' d d ' t " f ffi . p.14below:) t

relg, an mg, an con llOnIng or e Clen use.

(U.S.C., title 16, sec. 436.)

National Parks,

etc.

Roacls, trails,

etc., authorized

III.

AD Act To amend the Act of April 9, 1924, so as to provide for

national-park approaches, approved laDuary 31, 1931 (46 Stat.

1053)"

Be it enacted by the Senate and Howe of Representatives of the United States of America in Oongr88s aBsemNatiODal Parka. bled, That the Act entitled" An Act authorizing the con-

=01IIIIOf roadstruction, reconstruction, and improvement of roads and .

trails, inclusiye of necessary bridges, in the national parks

and monuments under the jurisdiction of the Depart-

:: d~ Pcs!e°ment of the Interior" (43 Stat. 90; U.S.C., title 16,p. 390,

fiIhbo~ sec. 8), approved April 9, 1924, is hereby amended by

- ma . adding the following:

"SEC. 4. Whenever the Secretary of the Interior shall

A roach to bedetermine it to be in the public interest he may designate =~ as national-park approach roads and as supplementary

PuJ'l108S parts of the highway systems of any of the national parks declared. roads whose primary value is to carry national-park

tmvel and which lead- across lands wholly or to the extent

. of 90 per centum owned by the Government of the United

~=n~

WltbStates and which will connect the highways within a

~~ national park with a convenient point on or leading to .

the Federal 7 per centum highway system: Provided,

~

restrie-'!'hat such approach roads so designated shall be limited

"See provision of Emergenc1 Relief and Construction Act of 1932 (47

Stat. 709), p. 16. .
GENERAL LEGISLATION 15

to not to .exceed sixty miles in len~th between a park :r~':.'~ym~~:-

gateway and such point on or lea<1ing to the nearest county.

convenient 7 per centum system road; or, if such approach road is on the 7 per centum system, it shall be

limited to not to exceed thirty miles: Provided fwrther,

That not to exceed forty miles of any one ap£~oach road

shall be designated in anyone county. (U.s.a., 6th

sUP:Q.,title 16, sec. 8a.)

" SEC.5. The Secretary of the Interior is hereby authorized during the fiscal years 1932 and 1933 to construct,lm1!rovcments

reconstruct, and improve such national-park approach ~~I:~a~nd

roads so designated, inclusive of necessary bridges, and ~:ts. t

to enter into agreements for the maintenance thereof by mai:ie~~~

State or county authorities, or to maintain them when ConstructIOn, etc.

otherwise necessary, as well as hereafter to construct,

reconstruct, and improve roads and trails within the

national parks and national monuments; and for all such

purposes there is hereby authorized to be appropriated,

out of any money in the Treasury not otherwise a

r

propriated, the following sums: $7,500,000 for the fisca year SUIDSauthorized.

ending June 30, 1932; the sum of $7,500,000 for the fiscal

year ending June 30, 1933: Provided, That under agreement with the Secretary of the Interior the Secretar~ of

Agriculture may carry out any or all of the provisIOns

of this section: Provided, further, That not to ex<:eed=~iion of

$1,500,000 shall be allocated annually for the constructIOn, ~etary of Agreconstruction, and improvement of such national park l'~~r~lloca.

approach roads: And pro'IJided further, That nothing in tiOD8for apthis Act shall be construed to limit the authority of the l;ri~:-

Secretary of the Interior to hereafter construct, recon- :.,,:,,:,,~r;

struct, improve, and maintain roads and trails within the ~~

'of Innational parks and national monuments. (u.s.a., 6th d~

supp., title 16, sec. 8b.)

"SEC. 6. Whenever a.ny such approach road is proposed under the terms of this Act across or within any.

national forest the Secretary of the Interior shall secure ~~or:1~i':.,

the approval of the .Secretal'I of Agriculture before con- =rovalfof Sec.

struction shall begin~" (u.s.a., 6th supp., title 16,Atrri~l'ture.

sec. 8c.)

Excerpt from "An Aot Kaking appropriations to supply deficiencies

in certain appropriations for the 1lscal year ending June 80, 1931,

and prior bcal ycars to provide supplemental appropriations for

the fisoal years ending lune 30, 1931, and lune 80, 1932, and for

other purposes," approved March f, 1931 (46.Stat. 1570)

Roads and Trails, National Parks: For an additional ::ada,trails,

amount for the construction, reconstruction, and im-

.

provement of roads and trails in national parks7 and

monuments, and of national-park approach roads, Inclusive of necessary bridges, in accordance with the Act

approved April 9, 1924, as amended by the Act of

. See provision of Emergency Relief and Construction Act of 1932 (47

StRt. 709), p. 16.
16 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Vol.43,'po90, January 31, 1931 (43 Stat. 90, and 46 Stat. 1053, respec- and Vol. 46, pp.

t

.

I )

.

1 d

.

N

.

1 M

. _1. d

]053, 1570. IVe y , mc u mg atlOna onument apprOaL"llroa s,

i~~)

pp. 14 and $2,500,000to remain available until exp~nded: Provided,.

Provi8o. That approach roads to national monuments shall be inApproachesto eluded within the provisions of such Act under the same

~a:~~~a:ncl~d:d. conditions as approach roads to national parks, and the

limitation therein on the amount of annual allocation of

funds to national-park approach roads shall be inclusive

of such national monument approaches. (D.S.C., 6th

5Upp., title 16, sec. 8d.)

Vol. 46, PP.

1053, 1570.

(See pp. 14 and

15.)

Excerpt from "An Act To relieve destitution, to broaden the lending powers of the Reconstruction Finance Corporation, and to

create employment by providing for and expediting a publicworks program," approved July 21, 1932 (47 Stat. 709)

Emer~ncycon.

* * *

(C) For the construction, reconstruction, structton of roads

d

.

f d d

.

1 ' I

.

f

in nationalparksan Improvement 0 roa s an tral s, Inc USlve 0 neces- andmonuments.

sary bridges, in the national parks and national monuments under the jurisdiction of the Department of the

Interior, including .areas to be established as national

Vol 44 p 616~arks authorized under the Act of May 22, 1926 (D.S.C., Vol:44:p: 635:I:;upp. V, title 16, sees. 403 to 403c), and under the Act of

May 25, 1926 (D.S.C., Supp. V, title 16, sees. 404 to 404c),

and national park and monument approach roads authorized by the Act of January 31, 1931 (46 Stat. 1053),

as amended, or anyone section of such roads of not less

than eight miles, which crosses lands wholly or to the

cxt~nt of 90 per centum owned by the Government of the

Umted States, $3,000,000; * * *

An Act For the protection of timber owned by the United States.

from fire, disease, or the ravages of beetles or other insects,

approved September 20, 1922 (42 Stat. 857)

Timber. Be it fmacted by the Senate and. HO'll!8e of Repre- Protectionof, onsentatives Of

the U'fIIited States O Government f America in O()lnI1'1'es/J ~ands, . . -''7f' fromfire, assem1Jled, That the Secretary of the InterIor IS hereby

1IJsects, etc., th ' d t t t d f fi d

. authorized. au onze 0 pro ec an preserve, rom re, Isease, or

the ravages of beetles, or other insects, timber owned by

the United States upon the public lands, national parkS,

national monuments, Indian reservations, or other lands

under the jurisdiction of the De:partment of the Interior

owned by the Dnited States, eIther directly or in cooperation with other departments of the Federal Government, with States, or with owners of timber; and approAppropriations,priations are hereby authorized to be made for such authorizedfor. purpos~s. (D.S.C., title 16, sec. 594.)

Exo:erptfrom "An Act lIaking appropriations for the Department

of the Interior for the fiscal year ending lune 30, 1924, and for

other purposes," approved January 24, 1923 (42 Stat. 1215)'

~inor purchases The purchase of supplies or the procurement of serv- 111open market. .

b h N

.

I P k S

.

t

.

d h D

. .

f

(Amended,by ICeS y t e atlOna ar erVlCe ou Sl e t e IstrlCt 0

Vol. 44, Stat.

936. Seep. 17.) Columbia ma y be made in the Op en market without comT See Sec. 4, 46 Stat. 381. (See p. 19.)
GENERAL LEGISLATION 17

Plia.nce with sections 3709 and 3744 of the Revised Stat- R.B.,sec.3709

., and 8744, pp.

utes of the Umted States In the manner common among 738,788.

business men, when the aggregate amount of the purchase

or service does not exceed $50. (U.S,C., title 16, .sec. 7.)

The National Park Service mav exchange hereafter, as Exchangeafor

part consideration, in the purchase of new equipment,

Dew equipment.

motor vehicles, and any other equipment for use in the

national parks. (U.S.C., title 16, sec. 9.)

Excerpt from "An Act Making appropriations for the Department

of the Interior for the fiscal year ending June 30, 1928, and for

other purposes," approved January 12, 1927 (44 Stat. 936)'

The purchase of sup p lies and equipment or the pro- Minorpu.rchasea

f

. D f I

. allowedm open

-curement 0 SerVICeS for the epartment 0 the ntenor, market.

the bureaus and offices thereof, Howard University, and (AmeRlls~2Stat.

the Columbia Institution for the Deaf, at the seat of 1.2}5'16u.s.c.:

government, as well as those located in the field outside ~':e~. 16.)"C'

7.

the District of Columbia, may be made in the open market without compliance with sections 3709 and 3744 of R.S.sees.3709,

the Revised Statutes of the United States, in the manner m~'

pp. 737,

common among business men, when the aggregate

amount of t.he purchase or the service does not. exceed

$100 in any instance.

Excerpt from "An Act Making appropriations for the Department

of the Interior for the fiscal year ending June 30, 1927, and for

other 1)urposes," approved May 10, 1926 (44 Stat. 491)

The Secretary of the Interior in his administration Medicalservices

£ h N

.

I P k S

. .

th ' d t t

for employeea.

o t e atlOna ar erVlCe IS au orlze to con rac Deductedfrom

£01' medical attention and service for employees and to

payroll.

make necessary pay-roll deductions agreed to by the employees therefor. (U.S.C., 6th supp., title 16, sec. 11.)

Appropriations made for the administration, protection, and maintenance of the national parks and n~tional

monuments under the jurisdiction of the Secretary of

the Interior shall be available for expense of depositing Expenseof de.

public m~ney. (V.S.C., 6th supp., title 16, sec. 456.) ~g~~;t

puhlic

An Act Concerning actions on account of death or personal injury

within places under the exclusive jurisdiction of the United

States, approved February I, 1928 (45 Stat. 54)

Be it enacted;, by t'M Senate and House of Representati'ves of the United States of Am-erica in Oongress

a8semUecl, That in the case of the death of any person by NationalParks,

the neglect or wrongful act of another within a national ~ci' f dfath

park or other place subject to the exclusive jurisdiction o~~~~:On~~ in-

.

Or the United States, within the exterior boundaries of {,~.~;:~~n~~~~

any State. such right of action shall exist as though the ofStateWhCi'~

place were under the jurisdiction of the State within

located.

whose exterior boundaries such place may be; and in any

action brought to recover on account of injuries !"\1stained

in any such place the rights of the parties shall be govf See Sec. 4. 46 Stl1t. 381. (See p. HJ.j
18 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

erned by the laws of the State within the exterior boundaries of which it may be. (U.S.C., 6th supp., title 16,

sec. 457.)

Purchase of

waterproof

footwear.

Excerpt from "An Act Making appropriations for the Department of

the Interior for the fiscal year ending June 30, 1929, and for

other purposes," approved March 7, 1928 (45 Stat. 238)

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.

(U.S.C., 6th supp., t.itle 16, sec. 15.)

Excerpts from "An Act To provide for cooperation by the Smithsonian Institution with State, educational, and scientific organizations in the United States for continuing ethnological researches among the American Indians," approved April 10, 1928

(45 Stat. 413)

That the Secretary of the Smithsonian Institution is

hereby authorized to cooperate with any State, educational institution, or scientific organization in the United

States for continuing ethnological researches among the

American Indians and the excavation and preservation

of archaeological remains.

Uontrolof work. SEC. 2.

* * * Provided fwrther, That all. such cooperative work and division of the result thereof shall

be under the direc'tion of the Secretary of the SmithR I t

.

f Honian institution: Provided furthe1" that where lands egu a Ions or .

1 d h

.

h d I

.,

.

d " f h

worknnlandsofare Invo ve w IC are un er t Ie JUriS lCtlOn 0 t e

knat~~~lap~rkBureau of Indian Affairs or the National Park Service,

Service. cooperative work thereon shall be under such regu.lation" and condit.ionf' as the Secretary of the Interior may

provide, (U.S.C., title 20, sees. 69, 70.)

American In.

dians, cooperation b,' Smith.

sonian I nsti.

tution in

ethnological reo

searches among.

Excerpt. from "An Act Making appropriations for the Department ot.

the Interior for the fiscal year ending June 30, 1930, and for

other purposes," approved March 4, 1929 (45 Stat. 1602)

Us.e?f appro.. None of the appropriations. for the N ationaI Park pnatlOns forbId. o.

h d h ]1 b

.

1 bI f

.

d

. denwherecamp.OerVlCe,W enever ma e, s a e aval a e or .expen. 1- groundprivileges

charged for.. ture within any park or national monument wherein a

S

.

f

.

charge IS made or collected by the Park erVlCe or

camp-ground privileges. (U.S.C., 6th Sllpp., title 16,

sec. 14.)

An Act To authorize the maintenance of central warehouses in

national parks and national monuments and authorizing aDpropriations for the purchase of supplies and materials to be kept in

said warehouses, approved April 18, 1930 (46 Stat. 219)

Be it enacted b1,!J the Senate a.nd House O Notional pa..ks f Re p resenta- andmonument., tiv~8 of tlte United States of America .in Oon,qress assembled. That hereafter the Secretary of the Interior, ill his

!1clministl'ation of the national parks and national monuCent..alware- ments, is authorized to maintain central warehouses at

hon... lor sup- .

I k d t I

.

t

.

d f

I.iies,ctc., to be SalC par s an monumen s, ane appropna Ions ma e or

nt:1intainedin. the Rdmini~t l'fltion. protection. maintenance, and im-
GENERAL LEGISLATION 19

provement 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 APPil

ropria

f

tions

. .

t

.

d f th t

.

I ks d

ava able or

VariOUSapproprIa IOns ma e or e nil; IOna par an p~rcha.ea,disnational monuments are hereby authorIzed for the purtrlbutlon,etc.

pose 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 sup~

lies SUPt

P

\

lies, ctc)

.,

. ", con nuouay

and materIals as rem am therem at the end of any seal availablefor.

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 monu~ents 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 f~o~~'~

the purpose of increasing the value of storehouse stock p~~~has~.

beyond reasonable requirements for any current fiscal

year. (D.S.C., 6th supp., title 16, sec. 16.)

An Act To facilitate the administration of the national parks by

the United States Department of the Interior, and for other purposes, approved May 26, 1930 (46 Stat. 381)

Be it enacted by the Senate and House of Representatives of the United. States of America in Oongress assembled, That the Secretary of the Interior is hereby au- Purchase.for

thorized to purchase personal equipment and supplies ~ht.~~~oabe

for employees of the National Park Service, and to make dedu~tedfrom

deductions therefor from moneys appropriated for salary

salaries.

payments or otherwise due such employees. (D.S.C., 6th

supp., title 16, sec. 17.)

SEC. 2. That the, Secretary of the Interior, in his ad- f

. .

t t

.

f h N t' 1 P k S ' h

. Allowanceor

mInIS ra IOn 0 t e. a IOna ar ervlCe, may aut OrIZe motorvehicle

the payment of not to exceed 3 cents per mile for a motor ~1~~~dedby 46

cycle or .7 cents per mile for an automobile used for of~ Stat. 1103, See

ficial business, including travel at official stations, when,

p.21,)

in his judgment, the expense of travel can be reduced

thereby: Provided, That he may authorize not to exceed :i0h"0"

10 cents per mile for an automobile used in localities m~~~r fo~YPoor

where poor road conditions or high cost of motor sup- ;.ooi~~dferry

plies prevail and he finds that the average cost to the cbari

!\'es,etc., in

t

.

,

f '"

t

.

1 P

.!J d f

add tiOD.

opera or IS m excess 0 I cen s per mI e : rov'(,{,(,e Wfther, That he may authorize the payment of toll and ferry

charges, storage, a.nd towage for such automobiles in ad.-

dition to mileage allowances. (D.S.C., 6th supp., title

16, sec. 17a.)8

. ~meDded by 46 Stat. 1103 (p. 21) and sec. 9, H.R. 13520 (p. 22).
SEC. 3. That the Secretary of the Interior is hereby

authorized to contract for services or other accommodations provided in the national parks and national monu- Accommodat!ons

for the public. ments for the public under contract with the Departh I

.

b

', h

Contracta .Il)r, ment of t e ntenor, as may e reqUIred III t e admims- authorized with, ~

t

.

f th N t

.

I P k S

.

t t d

outadvertising.ITa IOn 0 e a IOna ar erVlCe, a ra es approve

by him for the furnishing of such services or accommodations to the Government and without compliance with

t he provisions of section 3709 of the Revised Statutes of

the United States. (U.S.C., 6th supp., title 16, sec. 17b.)9

SEC. 4. That the Secretary of the Interior be, and he

is hereby, authorized in emergencies when no other source

::~~::Ofn:.~~- is available for the immediate procurement of supplies, plies,etc. materials, OP special services, to aid and assist grantees,

permittees, or lice~es 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

Plovi80. the receipts from such sales shall be deposited as a refund Useofreceipts.

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 monump.nt purposes. (U.S.C., 6th supp., title 16, sec. 17c.)

SEC. 5. The provisions of section 3651 of the Revised

Statutes shall not be construed so as to prohibit the cashing of tr,aveler'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.

(D.S.C., 6th supp., title 16, sec. 17d.) Indigentpersons.

Temporary care SEC. 6. That the Secretary of the Interior is hereby

I

.

I

.

h

.

d

.

t' t

.

d

.

f

andremovalof. aut. lOnZe( , In IS Iscre lon, 0 proVl e, out 0 moneys

appropriated for the general expenses of the several national parks, for the temporary care and removal from

Durialexpenses.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

distance of more than fifty miles from the national park.

(U.S.C., 6th supp., title 16, sec. 17e.)

SEC. 7. That hereafter 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 equi pment 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 reimbursement to be made from

20

Cashing travel.

er's checks for

automobile Ii-

<'ensea allowed.

Reimbursement

for horses, eh'.,

lost in fire

fighting, etc.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

.St."42 Stat. 1215 (p. 1() anI! 44 Stat. ~36 (p. 17).
GENERAL LEGISLATION 21

any available funds in the apprO'priatiO'n to' which the

hire Qf such equipment WQuid be prQperly chargeable.

(U.S.C., 6th supp., title 16, sec. 17f.)

SEO. 8. That the Secretary O'fthe InteriQr may require i Id I

field emplQyees Qf the NatiQnal Park Service to furnish roefur::g iro':ea

h d h h

.

I d

.

II .

and other cquir

or8e8, motor an ot er ve IC e8, an mlSce aneou8 equlp- mentfor otBcla ment necessary fO'r the perfO'rmance O'ftheir O'fficial work; work.

d h

.

d t G t f

Care, etc., at an e may prO'''I e, a O'vernmen expense, orage, care, Government

and housing for animals, and hQusing 0'1' storage and e%pense.

fuel for vehicles and Qt.l1er equipment so required to be

furnished. (U.S.C., 6th supp., title 16, sec. 17g.)

SEO. 9. That hereafter the Secretary O'f the Interior

may, under such regulations as he may prescribe, authQr- ~~~~!es~f ize the hire, rental, or purchase Qf prQperty frO'm em- Purchase,bire,

plO'yeesO'fthe NatiO'nal Park Service whenever the public ~~~~~.

au.

mterest will be prO'moted thereby. (D.S.C., 6th supp.,

title 16, sec. 17h.)

SEO. 10. Hereafter the NatiQnal Park Service may

11 k I I hire, with 0'1'withO'ut persO'nal services, wO'rk animals and ~ndrve~i'c1:' .':.nv

.

I d d t 11d h

.

1 d

.

anIma -. rawn an mO' O'r-prope e ve behiredwitbout

~c es an equIp- writtencontract, ment at rates to' be apprO'ved by the Secretary O'f the etc.

InteriO'r and withO'ut cO'mpliance with the provisions O'f

sectiO'ns 3709 a,nd 3744 of tJie Revised Statutes. (D.S.C.,

6th supp., title 16, sec. 17i.)

SEO. 11. Ap

~

rO'priatiO'ns whenever made for' the Na-

.

'" tIonal Park erVIce whICh are avaIlable for general Travelln pellses~UB~bold ....

administratiO'n may be used fO'r the pa [iment O'f traveling effecta

d

: etel"

aI.

.

1 d

. .

h f

. .

d

lowe emp oyees expenses, me u mg t e CO'sts 0' pac ng, cratmg, an on changeof

transPO'rtatiO'n (including drayage) O'fpersO'nal effects O'fstation.

emplO'yees UPO'npermanent change O'fstatiO'n, under regulatiQns to' be prescribed by the Secretary O'f the InteriO'r.

(D.S.C., 6th supp., title 16, sec. 17j.)

An Act To permit payments tor the operation ot motorcycles and

automobiles used tor necessary travel on official business, on a

mileage basis in lieu ot actual operating expenses, approved

February 14, 1931 (46 Stat. 1103)'.

Be it enacted by the Senate and HOU8e of Repre.senta- T.ra,n~portatlonol

t

.

f

l. U ".1 S f A

. .

0

ClvlhanotBcers, 'Wes 0 t Le ndea, tatc8 0 menca 'l?L ong re.~s as- etc. .

sembled, That It civilian O'fficer 0'1' emplO'yee engaged in 1~S:~3~'i':'

2,

necessary travel O'n official business away frO'm his desig- ~etP. ~.)

d nated PO'st O'f dut.y may be paid, in lieu of actual expenses '~r,e.'bY~~~omoO'f transPO'rtatiO'n, under regulatiO'ns to' be prescribed by ~;~~e~rmotorthe President. nO't to exceed 3 cents per mile fO'r the use 10 lieu of actual

O'f his own motO'rcycle 0'1' 7 cents per mile for the use O'f ~"Jl~~~'p. 689,

his O'wn autO'mobile fO'r such transPO'rtatiO'n, whenevp.r amended.

such mO'de of travel has been previO'usly authO'rized and

payment on such mileage basis is mO're ecO'nO'mical and

advantageolls to the United States. This Act shall take

,. Amended by Gee. 9, a.R. 13520, approved March 3, 1933, Tl'easurvPost O'fllce Appropriation Act for the fiscal year ending July 30, 1934.

See page 22,
22 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Et'lectlYe elate. effect July 1, 1931, and all laws or parts. of laws are

hereby modified or repealed to the extent same may be

in conflict herewith.

Excerpt from "An Act Making appropriations for the Treasury and

Post OfficeDepartments for the fiscal year ending June 30, 1934,

and for other purposes," approved :March3, 1933 (H.R. 13520)

Batesallowedfor SEC. 9. The allowance provided for in the Act entitled

=~~

of"An Act to permit payments for the operation of motoretc.,bymotor: cycles and automobiles used for necessary travel on

bf~.eor automo-official business, on a mileage basis in lieu of actual oper-

(Amends 45 Stat. atin

~

exp enses" ap£roved Februar

a

14 1931 (46 Stat n08. Beep.' ,.

11.) 1103 , for travel or ered after the ate of enactment of

this Act shall not exceed 2 cents per mile in the case of

travel by motorcycle. or 5 cents per mile in the case of

travel by automobile.
CHRONOLOGICALLIST OF THE NATIONAL PARKS

N~e YWM~~M

1. Yellowstone National Park 1872

2. Sequoia National Pe.rk _ _ _ _ __ _ __ _ __ __ __ _ __ __ _ _ _ __ _ _ 1890

3. General Grant National Park 1890

4. .Yosemite National Park _ 1890

5. Mount Rainier National Park 1899

6. Crater Lake National Park 1902

7. Platt National Park 1902

8. Wind Cave National Park 1903

9. Mesa Verde National Park 1906

10. Glacier National Park 1910

11. Rocky Mountain National Park 1915

12. Hawaii National Park___ __ __ ___ 1916

13. Lassen'Volcanic National Park 1916

14. Mount McKinley National Park 1917

15. Grand Canyon National Park 1919

16. Acadia National Park 1919

17. Zion National Park 1919

18. Hot Springs National Park 1 1921

19. Bryce Canyon National Park 1928

20. Grand. Teton National Park . 1929

21. Carlsbad Caverns National Park 1930

22. Great Smoky Mountains National Park 1930

23. SullYBHilI National Park' 1904

24. Morristown National HistorictU Park 1933

Page

25

48

48

63

101

111

118

123

125

137

152

169

186

200

205

215

217

219

260

264

268

270

277

279

1Set aside as the Hot Springs Reservation by Act or Apr. 20, 1832(' Stat. 6(5).

. Transrerred to the Department of Agriculture by Act or Mar. 3, 1931(66 Stat. 1509), to be maintained as

tbe Sullys Hill National Game Preserve.

23
n. LEGISLATION RELATING TO THE NATIONAL PARKS

1. Yellowstone National Park

Act of March Il 1872, setting apart a certain tract of land lying near the

headwaters or the Yellowstone River as a public park_______________

Excerpt from Sundry Civil Act of March 3, 1883, authorizing leasing park

grounds for hot.el purposes and detail of troops for park protection____

Excerpt from act of July 10, 1890, providing for admission of Wyoming

into the Union and limiting authority of the State of Wyoming over the

Yellowstone National Park______ --

__

-

__':'u

Act of Legislature of Idaho, approved February 7, 1891, ceding to the

United States exclusive jurisdiction over all lands within the State of

Idaho as may be included in the Yellowstone National Park_ __ __ ____

Act of Legislature of Montana, approved February 14, 1891, cedin.s;to. the

United States exclusive jurisdiction over all lands within the :state of

Mont.an!' which are or which may be embraced within the Yellowstone NationalPark___________________________________________-------

Act of Legislature of Montanal.approved March 3,1917, cediIlg exclusive

jurisdiction to the United /:jtates over that part of the Yellowstone

National Park in the State of Montana____________________________

Act of May 7, 1894, providing for protection of birds and animals in the

Yellowstone National Park and punishment for crimes therein________

Act of June 28, 1916, amending act of May 7, 1894, providing for protection of birds and animals in the Yellowstone National Park and punishment for crimes therein ~__

Act of August 3,1894, concerning leases in the Yellowstone National ParL

Act of June 4, 1906, amending act of August 3, 1894, concerning leases in

the Yellowstone National Park___________________________________

Act of March 2, 1907, amending act of June 4, 1906, concerning leases in

the Yellowstone National Park___________________________________

Excerpt from Sundry Civil Act of March ~~

1903, authoriZing private parties to use electricity furnished by Fort xellowstone and Mammoth Hot

Springs electric lighting and power plant__ _ ___

- -

_

-- -- - -- -- - -- -- -- -- Excerpt from act of Marclt'3, 1911, to codify, revise, and amend the laws

relating to the judiciary giving jurisdiction of all felonies committed

within the Yellowstone National Park to the district court for the district of Wyoming_ _______ "_ -- - - - -- --- Excerpt from Department of Agriculture Appropriation Act of August 10,

1912 providing for the establishment of a winter game (elk) reserve

in Wyoming south of the Yellowstone National Park________________

Excerpt from Interior Department Appropriation Act of January 24, 1923,

authorizing giving surplus elk, buffalo, etc., inhabiting Yellowstone

National Park to Federal, State, county, and municipal authorities, and

selling surplus buffalo of the park herd_____________________________

Act of May 26, 1926, making additions to Absaroka and Gallatin National

Forests and Yellowstone National Park, and improving and extending

winter feed facilities of elk, antelope, and other game animals of the

Yellowstone National Park and adjacent land______________________..

Act of May 18, 1928, authorizing appropriation to enable the Secretary. of

the Interior to carry out the provisions of the act of May 26, 1926__- -

Joint Resolution of February 25, 1927, authorizing acceptance of title to

certain lands.in Teton County, Wyo., adjacent to the winter elk refuge in

saidState_____________________________________________---------

Excerpts from Deficiency Act of March 4, 1929, authorizing the disposal of

surplus elk from the Yellowstone National Park herdn _-_ _ __________

Excerpt from Act of August 25,1916, to establish a National Park Service,

providing that grazing permits may not be granted in the Yellowstone

National Park__________________________________________________

25

Page

26

27

28

29

29

29

30

33

34

35

36

36

36

37

37

37

40

40

41

41
26 UWS FOB NAT. PARK SERVICE, PARKS, A MONUMENTS

Excerpt from Sundry Civil Act of July 1,1918, restrreting road extensions

and improvements in the Yellowstone Natiou~ Park________________

Act of February 25, 1919, authorizing sale of certain lands at or near Yellowstone, Mont'l for hotel and other purposes n~------------

Act of June 6, 1924, amending Act of March 3, 1911,.to codify, revise, and

amend laws relating to the judiciary, providing for the appointment of

deputy manhals to reside in Yellowstone National Park_____________

Joint Resolution of February 28, 192!. authorizing appointment of a Yel10wstone National Park Boundary vommission to b1spect areas involved

in pJ;'Oposedadjustment of Yellowstone National Park boundaries_____

Act of March I, 1929, revising Yellowstone National Park boundaries___

A~:e'W~i;~~::>k =::ri~~~~ ~~ _~a~~~_ ~~_1_9_2~~_~_~~~~ ~~~~:

Pap

41

42

42

43

43

45

An Act To let apart a certain traot of land lying near the headwaten of the Yellowltone River as a public park, approved

Karoh .1, 1872 (17 Stat. 81)

Be it enacted by the Senate and H0'U8e of Repr68entati'fJ68of the United States of America in Oongres8 as8embled, That tb(' .tract of land in the Territories of Montana

and WYOllling,lying near the head-waters of the Yellowstone River, and described as follows, to wit, commencing

at the junction of Garoiner's river with the Yellowstone

river, and runnin f

east to the meridian passing ten miles

to the eastward 0 the most. easter~ point of Yellowstone

(~mendecl b7 ulake; thence south along saId merIdIan to the parallel of

stat.lUtl, teep. latitude

~

assing ten mIles south of the most southern 68; U1d48Stat. . .

220,teep. 46.) pomt of ellowstone lake; thence west along saId parallel

to the mer!dian passi~g fiftee~ miles west of the m~t

western pomt of MadIson lake; thence north along saId

meridian to thE!latitude of the junction of the Yellowstone and Gardiner's rivers; thence east to the place of

beginning, is hereby reServed and withdrawn from settlement, occupancy, or sale under the laws of the United

States, and dedicated and set aeart as a public park or

pleasuring-ground for the benefit and enJoyment of the

fe~~. people; and all persons who shall locate or settle upon or

3:-: toIN: occupy the same, or any part thereof, except as here- treIp88en. inafter provided, shall be considered trespassers and

removed therefrom. (U.S.C., title16t sec. 21.)

Secretar7or In. SEC. 2. That said public park shall be under the exclu-

~~f~k; ~ve control of the Secretary. of the Interior, whose d~ty

~ w::::

naleaforIt shall be, as s()()n as practIcable, to make and publish

such rules and regulations as he may deem necessary or

~:v==, proper for the care and management of the same. Such

as:~ See p. regulations shall provide for the preservation, from in- .

jury or spoliation, of all timber, mineral deposits, natural

~~::) _. cunosities, or wonders within said park, and their reten-

)faygrut oer. tion in their natural conditiop. The Secretary may in his

talDr_ aDd discretion, ~ant leases for building purposes for terms

~=.

proeeedll

not exceeding ten years, of small parcels of ground, at

Ameodedb, 30such places in said park as shall require the erection of

Stat. 686.u buildings for the accommodation of visitors; all of the

:~:.)*I. Bee proceeds of said leases, and all other revenues that may be

Public park

eatablilbed Dear

head_ten of

YelloW8tone

River.
LEGISLATION RELATING TO NATIONAL PARKS 27

derived from any source connected with said park, to be

expended under his direction in the management of the

same, and the construction of roads and bridle-paths

therein. He, shall provide against the wanton destruc- ~:~

tion of the fish and game found within said park, and tionof:m and

against their capture or destruction for the purposes of ~ t'IImOVe

merchandise or profit. He shall also cause all persons

trespassing upon the same aft.er the passage of this act to

be removed therefrom, and generally shall be authorized

to take all such measures as shall be necessary or proper

to fully carry out the object.s and purposes of this act.

(U.S:C., title 16, sec. 22.)

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the :fiscal year ending 1une 80,

1884, and for other purposes," approved March 3, 1883 (22 Stat.

828)

For the protection and improvement of the .Yellow-li~W;~~ ~astone National Park: For every purpose and obJect necessary for the protection, preservation, and improvement

of the Yellowstone National Park, including compensation of superintendent and employees,. forty thousand

.dollars, two thousand dollars of said amount to be paid

annually to a superintendent of said park and not exceeding nine hundred dollars annually to each of ten assistants, all of whom shall be appointed by the Secretary

of the Interior, and reside continuously in the park and

whose duty it shall be to protect the game, timber, and

ob~ects of mterest therein; the balance of the sum approprIated to be expended in the construction and improvement of suitable roads and bridges within said park,

under the supervision and direction of an engineer officer

detailed by the Secretary of War for that purpose.

The Secretary of the Interior may lease small portions ~tif gro1U1ds;

of ground in the park, not exceeding ten acres in extent (~:- by 18

for each tract, on which may be erected hotels and the :tai",~22. See

necessary outbuildings, .and for a period not exceeding.

ten years; but such lease shall not include any of the

geysers or other objects of curiosity or interest in said

park, or exclude the public from the free and convenient

approach thereto; Or include any ground within one

quarter of a mile of any of the geysers, or the Yellowstone

Falls, nOr shall there be leased more than ten acres to any

one person or corporation; nor shall any hotel or other

buildings be erected within the park until such lease shall

be executed by the Secretary of the Interior, and all contracts, agreements, or exclusive privileges heretofore

made or given in regard to said" park or any part thereof,

are hereby declared to be invalid i

nor shall the Secretary

of the Interior, in allY lease which he may make and

execute, grant arty exclusive privileges within said park,

except upon the ground leased.

The Secretary of War, upon the request of the Secre- De"tailoI troopa,

tary of the Interior, is hereby authorized and directed to~;; ~~r:.r:~-
28 LA WS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Inake the necessary details of troops to prevent trespassel'S or intruders from entering the park for the purpose of destroying the game or objects of curiosity

therein, or for any other purpose prohibited by law, and

to remove such persons from the park if found therein.

(U.S.C., title 16. sec. 23.)

Excerpt from "An Act To provide for the admission of the State of

Wyoming into the Union. and' for other purposes," approved luly

10, 1890 (26 Stat. 222)1

~=D8 ~to Nothing in this act contained shall repeal or affect any

tlo~ Park~e: act of Congress relating to the Yellowstone National

:~p, etc., Park, or the reservation of the Park as now defined, or

us may be hereafter defined or extended, or the power of

the United. States. over it; and nothing contained in this

act shall interfere with the right and ownership of the

United States in said park and reservation as it now is

or may hereafter be defined or extended by law; but

exclusive legislation, in all cases whatsoever, shall be

exercised by the United States, which shall have exclusive control and jurisdiction over the same; but

nothing in this proviso contained shall be construed to

prevent the service within said pa.rk of civil and criminal

process lawfully issued by the authority of said State.

Icb1atlOIL

JarlsdfetioD.

lAwful State

pl'OCf!f:S1D8J'

.erved.

Act of. Legislature of Idaho, approved February 7, 1891, ceding to

the United States exclusive jurisdiction over all lands within the

State of Idaho as may be included within the Yellowstone

National Park. (Session Laws of Idaho, 189G-91, p. 40)

Be it enacted by the Legislature of the State of Idaho,

That pursuant to article one, section eight, pllragraph

seventeen, of the Constitution of the United States,.

consent to purchase is hereby given and exclusive jurisdiction ceded to the United States over and with respect

to all lands embraced within the military posts and reservations of Fort Sherman and Boise Barracks, together

with such other lands in the State as may be now or

hereafter acquired and held by the United States for

military pur:r.0ses, either as additions to the said posts

or as new mIlitary posts or reservations which may be

established for the common defense; and, also, all such

lands within the State as may be included in the territory of the Yellowstone Nationai Park, reserving, however, to this State a concurrent jurisdiction for the

execution. upon said lands, or in the buildings erected

thereon, of all process, civil or criminal, lawfully issued

by the courts of the State and not incompatible with

this cession.

SEC. 2. This act shall take effect from and after its

passage, an emergency existing therefor.

1 Amended by 28 Stat. 73 (see p. 30). and 43 Stat. 388 (see p. 42).
LEGISLATION RELATING TO NATIONAL PARKS

Act ot Legislature ot Montana, approved February 14, 1891, ceding

to the United States exclusive jurisdiction over all lands whioh

are or whioh may be, embraoed within the Yellowstone National

Park, eto. (Laws ot Montana, 1891, p. 262) ,

Be it eruwtea by the LegisZati'IJeAssembly of the State

of Montana, That pursuant to article I, section 8, paragraph 17, of the Constitution of the United States, consent to purchase is hereby given and exclusive jurisdiction

ceded to the United States over and with respect to all

lands within the State which are or may he embraced

within the Yellowstone National Park, together with all

such lands as are now or may hereafter be occupied and

held by the United States for military purposes either.

as additions to the military posts over which jurisdiction

is ceded by the constitution of Montana, or as new or

other posts or reservations established within the State

for the common defense, reserving, however, to this State

a concurrent jurisdiction for the execution upon said

lands or in the buildings erected thereon of all process)

civil or criminal, lawfully issued by the courts of the

State and not incompatible with this cession.

SEO. 2. This act shall take effect from and after its

passage.

Act ot the Legislature ot Montana, approved Maroh 3, 1917, ceding

to the United States exclusive jurisdiction over that part of the

Yellowstone National Park in the State ot Montana, and for

other purposes. (Revised Code ot Montana, vol. I, 1921, p. 232)

Be it enaoted by the Legislatwe Assembly of the State

of M omana, That exclusive jurisdiction shall be, and the

same is hereby, ceded to the United States over all that

part of the territory situate in the Sta~e of Montana now

embraced in the Yellowstone Nationa! Park, described as

follows:

Beginning at the intersection of the east boundary of

Yellowstone Park with the south boundary of Montana;

thence north to the northeast corner of said Park; thence

west along the ~orth boundary of the Park to the northwest corner thereof; thence south along the west boundary of the Park to the boundary between Montana and

Idaho; thence easterly along that boundary to the west

boundary of Wyoming; thence north along the west

boundary of Wyoming to the northwest corner thereof;

thence east along the boundary between Wyoming and

Montana to the east boundary of said Park, the place of

beginning; containing an area of approximately 198

square miles, saving however, to the said State the right

to serve civil or criminal process "Yithin the limits of the

aforesaid described lands, as long as the lands herein

described are used for a National Park and no other

purposes, in suits or prosecutions for or on account of

29
30 LAWS FOR NAT. fARK SERVICE, PARKS, ~ MONUMENTS

ri~hts acquired, obligations incurred, or crimes comnutted in said State, but outside the lands aforesaid, and

saving further to the said State the right to tax persons

and corporations, their franchises and property on said

le.nds: Provided, however, That jurisdiction shall not

vest until the United States, through the proper officer or

officers, notifies the Governor of the State of Montana

that they assume police or military jurisdiction over said

lands.

SEO.2. All acts .and parts of acts in conflict with this

act are hereby- repealed.

SEC. 3. ThIs act shall be in force and effect from e.nd

after its passage and approval by the Governor.

An Act To protect the birds and animals in Yellowstone National

Park, and to punish crimes in said park, and for other purposes,

approved may 7, 1894 (28 Stat. 73)

Be it enacted by the Senate and House of Repr'e8entative8 of the United States of America in Oongress assernr

~:~~:~oP:rk. bled, That the Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter

SoleJurisdictiondefined or extended, shall be under the sole and exclu- ofUnitedStates.sive jurisdiction of the United States; and that all the

laws applicable to places under the sole and exclusive

jurisdiction of the United States shall have force and

effect in said park: Provided, how'ever, That nothing in

this act shall be construed to forbid the service in the Stateprocess. park of any civil or criminal process of any court having

Jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said

park shall be subject to the same laws as refugees from

Justice found in the State of Wyoming. (U.S.C., title

16, sec. 24.)

Wyoming Jul"iJldiction of SEC. 2. That said park, for all the purposes of this act, judicialshall constitute a part of the United ,States judicial dis1~~~~edby!l8 trict of Wyoming, and the district and circuit courts of

:ta~2.:88. Seethe United States in and for said district shall have juris- .

diction of all offenses committed within said park.

Punlshmeutof ..BEC.3. That if any offense shall be committed in said

W';~~"n;n~:~.Yellowstone National Park, which offense is not prohibited or the punishment is not specially provided for

by any law of the United States or by any regulation of

the Secretary of the Interior, the offender shall be subject to the same punishment as the laws of the State of

Wyoming in force at the time of the commission of the

offense may provide for d, like offense in said State; and

no subsequent repeal of any such law of the State of

Wyoming shall affect any prosecution for said offense

committed within said park. (D.S.C., title 16, sec. 25;)

SEC.4. That all hunting, or the killing, wounding, or

capturing at any ti'Ile of any bird or wild animal, except

dangerops animals, when it is necessary to prevent them

from destroying human life or inflicting ail injury, is

Provuo.
LEGISLATION BELATING TO NATIONAL PARKS 31

~

ohibited within the lim. its of said Park' nor shall any Prohibition of

, hunting,ftsblng,

h be taken out of the waters of the park by means of de.

seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than

by hook and line, and then only at such seasons and in

such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior r'~:tf~...ed.

shall make and publish such rules and regulations as he

.

may deem necessary and proper for the management

and care of the park and for the protection of the property therein, especially for the preservation from injury

or spoliation of all timber, mineral deposits, natural

curiosities, or wonderful objects within said park j and

for the pro.tection of the animals and birds in the park

from capture or destruction, or to prevent their being.

frightened or. driven from the park; and he shall make

rules and regulations governing the taking of fish from

the streams or lakes in the park. PossessIOn within the

said park of the dead bodies, or any part thereof, of imy ~~~~i'::.

or

wild bird or animal, shall be prima facie evidence that

the person or persons having the same are guilty of

violatiJ;lg this act. Any person or persons, or stage or

express company or railway company, receiving for

transportation any of the said animals, birds or fish so P It f

killed, taken or caught, shall be deemed guilty of a mis- lae;:"IYtraO:S~

demeanor, and shall be fined for every such offense not

tatfOD,etc..

exceeding three hundred dollars. Any person found (A d d b 89

guilty of violating any of the provisions of this act or Sta'r.eDS8S. ~ee

any rule or regulation that may be promulga,ted by the p.83,)

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, mineral deposits, natural curiosities

'Or wonderful objects within said park, or for the protection of the animals, birds and fish in the said park, shall

be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than one thousand dollars or

imprisonment not exceeding two years~ or both, and be

adJudged to pay all costs of the proceedings.

That all Q'uns, traps, teams, horses, or means of trans.-

t t' f

9.

t ' d ' t ' d b

Forfeiture of

por a IOn 0 every na ure or .

escrlp Ion use y any per- guns, traps, etc..

Hon or persons within said park limits when engaged in

killing, trapping, ensnaring, or capturing such wild

beasts, birds, or wild animals shall be forfeited .to the

United States, and may be seized by the officers in said

park and held pending the prosecution of any perSOI} or

persons arrested under charge of violating the provisions

of this act, and upon conviction under this act of such

person or persons' using said guns, traps, teams, horses,

or other means of transportation such forfeiture shall be

adjudicated as a penalty in addition to the other punishment provided in this act. Such forfeited property
shall be disposed of and accounted for by and under the

authority of the Secretary of the Interior. (U.S.C., title

16, sec. 26.)

Comnlissioner.SEC. 5. That the United States circuit court in said Appointment.district shall -appoint a commissioner, who shall reside in

the park, who shall have jurisdiction to hear and act

upon all complaints made, of any and all violations of

the law, or of the rules and regulations made by the Secretary of the Interior for the government of the park,

and for the protection of the ammals, birds, and fish and

objects of interest therein, and for other purposes authorized by this act. Such commissioner shall have

power, upon sworn information, to issue process in the

name of the United States for the arrest of any person

charged with the commission of any misdemeanor, or

charged with the violation of the rules and regulations,

or with the violation of any provision of this act prescribed for the government of said park, and for the protection of the animals, birds, and fish in the said park,

and to try the person so charged, and, if found guilty, to

impose the punishment and adjudge the forfeiture prescribed. In all cases of conviction an appeal shall lie

from the judgment of said cOlnmissioner to the United

States district court for the district of Wyoming, said

appeal to be governed by the laws of the State of Wyomin~ providing for appeals in. cases of misdemeanor from

justIces of the peace to the district court of said State;

but the United States district court in said district may

prescribe rules of procedure and practice for said commissioner in the trial of cases and for appeal to said

Processin felonyUnited States district court. Said commissioner shall

cases. also have power to issue process as hereinbefore provided

for the- arrest of any .person charged with the commission of any felony within the park, and to summarily

hear the evidence introduced, and, if he shall determine

that probable cause is shown for holding the person so

charged for trial, shall cause such .person to be safely

conveyed to a secure place for confinement, within the.

jurisdiction of the United States district court in said

State of Wyoming, and shall certify a transcript of the

record of his proceedings and the testimony in the case

to the said court, which court shall have jurisdiotion of

the case: Provided, That the said commissioner shall

grant 'bail in all cases bailable under the laws of the

United States or of said State. All process issued by

the- commissioner shall be directed to the marshal of the

United States for the district of Wyoming; but nothing

herein contained shall be construed as preventing the

Summaryarrests.arrest by any officer of the Government or employee of

the United States in the park, without process, of any

person taken in the act of violating the law or any regulation of the Secretary of the Interior: Provided, That

32

Duties.

Trials.

Appealll.

Provi/'(M.

Bail, etc.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS
LEGISLATION RELATING TO NATIONAL PARKS 33

the said commissioner shall only exercise such authority ;~til~ri~

and powers as are conferred by this act. (U.S.C., title'

16, sec. 27.)

SEC. 6. That the marshal of the United States for the Deputymarshal..

district of Wyoming may appoint one or more deputy

marshals for said park, who shall reside in said park,

and the said United States district and circuit courts

shall hold one session of said courts annually at the town 'ferrosof court.

of Sheridan in the State of Wyoming, and may also hold

other sessions at any other place in said St<afe of Wyoming or in said National Park at such dates as the said

courts may order. (U.S.C., title 16, sec. 28.)

SEC. 7. That the commissioner provided for in this act

shall, in addition to the fees allowed by law to commis- Fees, etc.

sioners of the circuit courts of the United States, be paid (Seevol.31, p.

an annual salary of one thousand dollars, payable quar- 133;vol.42,p.

I d h h I f h U

.

d S d h

.

1

1560: and vol.

tel' y, an t e mars a 0 t e nIte tates an IS (e:pu- 43, p. 1028.)

ties, and the attorney of the United States and his assIstants in said district, shall be paid the same compensation

and fees as are now j>rovided by law for like services in

said district. (U.S.C., title 16, sec. 29.)

SEO. 8. That all costs and expenses arising in cases Costs,etc.

under this act, and properly chargeable to the United

States, shall be certified, approved, and paid as like costs

and expenses in the courts of the United States are certified, approved, and paid under the laws of the United

States. (U.S.C., title 16, sec. 31.)

SEC. 9. That the Secretary of the Interior shall cause

to be erected in the park a suitable building to be used as

a jail, and also having in said building an office for the Jail.

use of the commissioner, the cost of such building not to

exceed five thousand dollars, to be paid out of any moneys

in the Treasury, not otherwise appropriated upon the cer- Appropriation.

tificate of the Secretary as a voucher therefor. (U.S.C.,

title 16, sec. 30.) ,

SEC. 10. That this act shall not be construed to repeal

existing laws conferring upon the Secretary of the Inte- Existinglaws.

rioI' and the Secretary of War certain powers with reference to the protection, improvement, and control of the

said Yellowstone National Park. '

An Act To amend "An act to protect the birds and animals in Yellowstone National Park, and to punish crimes in said park, and

for other purposes," approved May seventh, eighteen hundred

and ninety-four, approved J'une i8, 1916 (39 Stat. 238)'

'

Be it enacted by the Senate. and House of Representative8 of the United Sta.te.y of America. in Oong1'es8 assembled, That the following paragraph, forming part of

section four of an Act entitled "An Act to protect the

b

.

d d

.

I

.

Y II N"

I P k 1

Yellowstone

II' S an anIma S In e owstone atlOna aI', aJH. to National Pork.

punish crimes in said park, and for other purposes,"

,

See 41 Stat. 732 (p. 11).
34 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

approved May seventh, eighteen hundred and ninetyfour, to wit: .

"Any person found guilty of viol8.ting any of the provisions of this act 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

::~J;0nef:. in protectiqn of the property therein, for the preservation

VoL 118,'P. 78,

.

from injurv or spoliation of timber, miner-al deposits, Amended. (See t 1

-'" 't ' d ful b

.

ts ' thi . p.80.) na ura curIOSIIes, or won er 0 Jec WI n sald par,k

Punishmentfor or for the protection of the animals, birds, and fish in the

~Iationaoflaw.said park, shall be deemed guilty of a misdemeanor, and

~o;mer shall be subjected to a fine of not more than $1,000 or provision. imprisonment not exceeding two years, or both, and be

adJudged to pay all costs of the proceedings," be amended

to read as follows:

"Any person found guilty of violating any of the prop.lln

la

;

ti

.~m'!Dt

f I

for visions of this Act or any rule or regulation that may be

V10 0118 0 aw,

1 d b h S f h I

. .

h f

etc., In. . promu gate y t e ecretary 0 t e nterlOr WIt re er-

('nce to the management and care 0:1:the park, or for the

protection of the property therein, for the preservation

from injury ?r: spoliation of tim1;>er, ~ne~al ~eposit£,

natural CUrIOsItIes, or wonderful obJects wlthm saId park,

or for the protection of the animals, birds, and fish in the

said park, shall be deemed guilty of a misdemeanor, and

shall be subjected to a fine of not more thp,n $500 or Pmaltyreduced.imprisonment not exceeding six months, or both, and be

adjudged to pay all costs of the proceedings." (U,S.C.,

title 16, sec. 26.)

An Act Concerning leases in the Yellowstone National Park, approved August 3, 1894 (28 Stat. 222)"

Yellowstone Be it enacted by the Senate ana House of RepresentaNationalPark. tive8 of the United States of America in Oongress a8semLeases bled, That the Secretary of the Interior is hereby author- authorized. ized and empowered to lease to any person, corporation,

(Amencedbyvol.or company, for a period not exceeding ten years, at such

~~i.~4,~.\1I'f9~annual rental as the Secretary of the Interior may de-

~:')"P.35and termine, parcels of land in the Yellowstone National

.

Park, of not more than ten acres in extent for each tract

and not in excess of twenty acres in all, to anyone person,

corporation, or company, on which may be erected hotels

and necessary outbuildings: Provided, That such lease

or lease£ shall not include any of the geysers or other

objeots of curiosity or interest in said park or exclude

the public from free and convenient approach thereto or

include any ground within, onf--eighth of a mile of any

of the geysers or the Yellow stolle Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs,

or any object of curiosity in the park: And provided f'/JP'~

ther, That such leases shall not convey, either expressively

or by implication, any exclusive privilege within the

park except upon the premises held thereunder and for

Promo..

Natural

curiosities

excluded.

Pri vilogea

granted.

"Amended by 39 Stat. 1535, as amended (see pp. 9-12).
LEGISLATION RELATING '(0 NATIONAL PARKS 35

the time therein granted. Every lease hereafter made

for any property m said park shall require the lessee to

observe and obey .each and every provision in any act of

Congress, and every rule, order, or re~ulation made). or

which may hereafter be made and published by the ~ecretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein, under penalty of forfeiture of such lease,

and every such lease shall be subject to the right of revocation and forfeiture, which shall therein be reserved by

the Secretary of the Interior: And 'fl'I"ovidedfwrtlwr

That jersons or corporations now holding leases of

groun in the park may, upon the surrender thereof, be

granted new leases hereunder, and upon the terms and Newleu.. to

stipulations contained in their present leases, with such pl'8Bent holders.

modifications, restrictions, and reservations as the Secretary of the Interior may prescribe.

This act, however, is not to be construed as mandatory upon the Secretary of the Interior, but the authority A th I f

herein given is to be exercised in his sound discretion. S:creb.::~f lhe

(U.S.C., title 16, sec. 32.) Jnterior.

That so much of that portion of the act of March ~ef.~2 626

third, eighteen hundred and eighty-three, relating to the s~'P. 27.\I. .'

Yellowstone Park as conflicts with this act be, and the

same is hereby, repealed.

An Act To amend an Act approved August 3, 1894, entitled "An Act

Concerning leases in the Yellowstone National l'ark," approved

1une 4, 1906 (34 stat. 207)

Be it enacted by tlw Senate and HOW8e of Representa- Yellowstone

t

.

f

t

1. [J .

t

~ St t

f A

. . C

National Park.

zves 0 ne nz eu a es 0 mBWa zn ongres8 as- Leasesofland

~emble~, That the Secretary of the Interim: is hereby :;;'~.:.o~.~urauthorIzed and empowered to lease for a penod not ex- ac~horized.

d

.

1

. \'c.l 28 'II ~22

coo mg ten years, at an annua rental to be determmed by am~nded.'s':;' .

him, to any person, corporation, or company he may au- ~A8,~~nded al.

thorize to transact business in the Yellowstone National by84Stat.12~9.

Park separate tracts of land, not exceeding twenty acres See.p.86.)

each, at such places not to exceed ten in number to any Numberlimited.

one person, corporation, or company, in said park as the

comfort and convenience of visitors may require, for the

construction and maintenance of substantial hotel buildings and buildings for the protection of stage, stock, and

equipment. (U.S.C., title 16, sec. 32.)

Any person, corporation, or company holding a lease Mort~es.

within said park for the purposes above described is ~t.te'58"t ~~

39

hereby authorized, with the approval of the Secretary of am';'ded. .

See

the Interior, to execute mortgages upon his or its rights, pp.9-12.)

properties, and franchises, including his or its contract

or contracts with the Secretary of the Interior, and such

mortgages, ~ogether with the approval.of said Secretary

of the InterIor, may be filed for record m the officeof the

Secretary 01 the Interior, and when so recorded shall

ha ve all the effect of a public record.
36 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Subject to

leases. Any mortgage, lien, or incumbrance created under the

provisions hereof shall be subject to the rights of the

Government to compel the enforcement of the terms of

the lease or contract of the mortgagor, and any purchaser

under It foreclosure of such incumbrance shall take subject to all the conditions assumed by the original lessee

or contractor. (U.S.C., title 16, sec. 33.)

All provisions of existing law in relation to said park

not. in conflict herewith are hereby continued in full force

and effect.

Existiug law

coutinued.

An Act To amend an act entitled "An act to amend an act approved August third, eighteen hundred and ninety-four, entitled

'An act concerning leases in the Yellowstone National Park,'"

approved lune fourth, nineteen hundred and six, approved March

2, 1907 (34 Stat. 1219)"

Be it enacted by the Senate and House of Repres&ntati1..'es of the United States of America in Oongre:~s

ltssembled, That the act. entitled "An act to amend an act

approved August third, eighteen hundred ninety-four,

Yellowstoue entitled 'An act concerning leases in the Yellowstone

=~t~~ National Park,'" approved June fourth, nineteen hun- for hotelpur- dred and six, be, and the same is hereby, so amended that

~':i~'28,p. 222.the Secretary of the Interior shall be authorized and

~:i~'l:';tended.empowered to lease, according to the other terms of said VOl.

:~ Pi;207,amended act, for a period not exceeding twenty years.

:~en . eep. (U.S.C., title 16, sec. 32.)

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the lIscal year ending lune 30,

1904, and for other purposes," approved March 3, 1903 (32 Stat.

1130)

Yell.owstone National Private P arties or com p anies doina' business in the Park. . b .

Useo!ele<'tricilyYellowstone NatIOnal Park under authorIty from the

~~J~.ate Government I~.!lYbe permitted, in the discretion of the

Secretary of War, to use electricity furnished by the

electric lighting and power plant of Fort Yellowstone

and Mammoth Hot Springs at actual cost to the Government for operation, maintenance, and depreciation of

the plant and ten per centum additional, under such

regulations as may be prescribed by the Secretarv of

War. (U.S.C., title 16, sec. 35.) ~

Excerpt from "An Act To codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911 (36 Stat. 1094)

YellowstonePark SEC. 26. The district court for the district of Wyoming

~b.~,.if.w{o- shall hav~ jurisdiction of all felonies committed within

court.

ISrlc

the Yellowstone National Park and appellate jurisdiction

rs~~~'lo.;8. of judgments in cases of conviction before the com missiOller authorized to be appointed under section five of

an Act entitled "An act to protect the birds and animals

in Yellowstone National Park. and to punish crimes in

said Park, and for other p'urposes," approved May

seventh, eighteen hundred and ninety-four.

. See 45 Stat. 235, p. 11.
,LEGISLATION RELATING TO NATIONAL PARKS 37

Excerpt from "An Act Making appropriations for the Department

of Agriculture for the fiscal year ending lune 30, 1913," approved August 10, 1912 (37 Stat. 293)

For the establishment of a winter game (elk) reserve Elkreoerve

in the State of Wyoming, which shall be located in that :,yo'{:ing,:

section of Wyoming lying south of the Yellowstone Par!r, l~d~,~"t?~ for

and shall include not less than two thousand acres III(S~~ts:t.

township forty-one north, r~nges one hundred and fif- 1246,p.40.)

teen and one hundred and sixteen west, forty-five thousand dollars, to be available until expended, and the

Secretary of Agriculture is hereby authorized to purchase said lands with improvements, to erect necessary

buildings and inclosures, and to incur other expenses

necessary for the maintenance of the reserve.

Excerpt from "An Act Making appropriations for the Department of

the Interior for the fiscal year ending June 30, 1924, and for

other purposes," approved lanuary 24, 1923 (42 Stat. 1214)'

The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to Surpluagame give surplus elk, buffalo, bear, beaver, and predatory ani-lI'!imala,

mals inhabiting Yellowstone National Park to Federal, ~ure, ~c~edera1,

State, county, and municipal authorities for preserves, :u~t~~~~';f

zoos, zoological gardens, and parks: Provided, That the p:.o"..o,.

' d S II h

.

d

.

f th Sale of aurplua sal ecretary may se or ot erwlse Ispose 0 e sur- buffalo.

plus buffalo of the Yellowstone National Park herd, and

all moneys received from the sale of any such surplus

buffalo shall be deposited in the Treasury of the United

States as miscellaneous receipts. (U.S,C., title, 16,

sec. 36.)

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 lands,

and for other purposes, approved May 26, 1926 (44 Stat. 655)

Be it enlWted by the Senate and !Iouse Of RepreYellowstone

National Park.

sentati'ves of tlw United States of America in Oongress

assembled, That as a means of providing within township 8 south, ranges 7 and 8 east, and township 9 south, Landadeaignated

ranges 7, 8, and 9 east, Montana principal meridian, the in Monta!,afor ,

t d

.

t f d' f ' l' t '

.

d' bl f

preservation, ete.. WID er range an win er ee aCl lies In Ispensa e or gameanimalsin

the adeql!ate and proper protection, preservation, and tbepark,etc,

propagatIOn of the elk, antelope, and other game animals

of the Yellowstone National Park and adjacent lands, the Authorityof

Secretary of the Interior, in his discretIOn, and subject ?~~:~? ofthe

to the limitation hereinafter prescribed may, and is

hereby, authorized to perform the following acts:

(a J Accept and deposit in a sJ?ecialfund in the Treas- Acceptance of

ury and expend for the acquisition of lands as herein donationsto IlOr.

h'

.

d ' f d d d f '

chasethelanda. aut orlze , pnvate un s onate or such purpose.

(b) AcqUire by purchase, or by acceptance of dona- Acquirelandsin

tions or bequests such lands in Private or State owner- private,01'State,

. ownershop,

,

See p. 20. (Sec. 4, 46 Stat. 381.)
38 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

ship within the townships above described as. he may

deem necessary to carry out the purpose of this Act.

(U.S.C., 6th supp., title 16, sec. 37.)

SEC. 2. That the Secretary of the Interior be, and is

hereby, authorized in his discretion to accept, on behalf

of the United States, title to any lands held in private

Exchanges for or State ownership within the townships herein above otherforestlands

maybemade. described ,.and in exchange .

therefor may patent not to

f d

.

exceed an equal value of natIonal orest Ian 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 eg

ual value; of timber Timber from . .

h I

.

nationalforl!.!ts.wIthin the national forests of sald tate, t e va ues III

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

Removal of such exchange. Timber given in exchange shall be cut timberallowed.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 the Secretary of Agriculture. (U.S.C..

6th supp., title 16, sec. 38.)

SEC. 3. That reservations of timber, minerals, or easeTimbermineralsments, the values of which shall be duly considered in etc.,~~ybereo'determining the values of the lands conveyed, may be

~I:nd l;,:v~;:~made by the owner or owners thereof in lands conveyed

to the United States under the provisions of this Act.

Where such reservations are made, the right to enjoy

Conditions and them shall Ix, subject to such reasonable conditions reuse. specting 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

:rONO.et land as provided in this Act: Provided, That all propre~Y=~bj~t erty, rights, easements, and benefits authorized by this toStatetaxation.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. (U.S.C.,

6th supp., title 16, sec. 39.)

SEC. 4. That, subject to. all valid existi~g claims and

entries under the land laws of the United States, all unreserved and unappropriated public lands of the United

Stlttes situated east of the Y~l1owstone River, in townships 8 and 9 south, ranges 7, 8, and 9 east, Montana.

principal meridian, State of Montana, and any lands

acquired under the provisions pf this Act are hereby

added to and made parts of the Absaroka National ForProtJuo.

Notice of proposed exchanges

to be published.

Absaroka -

National Forest,

Mont.

Landa added to.
LEGISLATION RELATING TO NATIONAL PARKS 39

est, subject to all laws and regulations relating to the

national forests, and the east bank of the Yellowstone

River is hereby established as the western boundary of

said Absaroka National Forest in the townships above

described.

S

r: l 'h t b

.

t t 11 I

O

d

0

t ' 1

.

d

Gallatin EC.;). a , su Jec 0 a va I eXIs ll!g c alms an National~' t

entries under the land laws of the United States, all un- Mont.

ore. .

reserved and unappropriated public lands of the United

Landsaddedto.

States situated west of the Yellowstone River, in townships 8 and 9 south, ranges 7 and 8 east, Montana principal meridian, .s~ate of Montana, and any lands acquired

under the provisions of this Act, are hereby added to

and made parts of the Gallatin National Forest, subject

to all laws and :regulations relating to the national forests, and the east bank of the Yellowstone River is hereby

established as the eastern boundary of said Gallatin

National Forest i.n ~he townships above described.

SEC. 6. That 1.he President of the United States is ~~ll~=rP:rk

hereby authorizeC:, in his discretion, to add by Executive Lands, a~dedto.

proclamation to Yellowstone National Park any or all DescriptIOn.

of the lands within a certain territory or tract in township 9 south, ran2;es 7 and 8 east, Montana principal

meridian, tc?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 Nationa.! 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 this Act, wIthin the territory described in

t.his section, subject, however, to all valid existing claims

and to reservatIOns such as are authorized by section 3

of this Act; but, with the exception of valid existing SubjecttovalioJ

claims, no land so added to Yellowstone National Park

claims,etc,

shall be subject to entry under the mining laws of the

United States: Provided, That the Secre~ary of the 1n- Prolliao.

terior for such lands as are added to Yellowstone N ational Park may provide by rules and regulations for the ::~:~~r e'rcan~f

management and use of the added lands as may in his addedIa~d.."

discretion be necessary to accomplish the purposes of

this Act: And provided fwrther, That the lands of the Donatedland.

United States acquired by donation or purchase within nO,t!",bje<tto

the area described in secti~n 1 of 'this Act shall not be ~~:d~:rl:om~
40 LA WS .FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

subject to location and entry under the mining laws of

the United States nor the Act of June 11, 1906, authorizing homestead entries ill national forests. (U.S.C., 6th

supp.. title 16, sec. 40.)

An Act Authorizing an appropriation to enable the Secretary of the

Interior to carry out the provisions of the Act of May 28, 1928

(Forty-fourth Statutes at Large, page 855), to make additions to

the Absaroka and Gallatin National Forests, and to improve and

extend the winter-feeding facilities of the elk, antelope, and

other game animals of Yellowstone Nation~ark and adjacent

lands, approved May 18, 1928 (45 Stat. 803)

Be it enacted by the Senate and House of Rep1'esentotives of the United States of America in Oongress asS th .

d

8embled, That there is hereb y authorized to be app ronri- urn au onze .

T

F: for additionsto.ated, out of any money ill the reasury of the Umted

States not otherwise appropriated, the sum of $150,000,

which sum shall continue available until expended, to

enable the Secretary of the Interior to carry out the _proVol.44, p. 655.visions of the Act of May 26, 1926 (Forty-fourth Stat- Beep.37. ntes at Large, page 655), entitled "An Act to make additions to the Absaroka and Gallatin National Forests and

E t nson of tlre Yellowstone National Park, and to improve and exwfn~e:feedfacil-tend the winter-feed facilities of the elk, antelope, and

~~~:f:'

game other game animals of Yellowstone National Park and

Pr . udjacent land, and for other purposes": Provided, That

Ex~:~~ituresnotthe total expenditures from this appropriation shall not to ~xceedcontri.exceed the combined total of the sums contributed by bubon of com..

h

.

d h '

,

bi':ledtotalwithprIVate or ot er agenCIes un er t e proVIsIOns 0f cause 1

~~~~~~';;..etc.,(a) of section 1 of said Act, and the appraised values of

land donated or bequeathed under the provisions of

clause (b) of section 1 of said Act.

Absarolm and

Gallatin Forests,

and Yellowstone

Park.

Joint Resolution Authorizing the acceptance of title to certain

landa in Teton County, Wyoming, adjacent to the winter elk

refuge in said State established in accordance with the Act of

Congress of August 10, 1912 (Thirty-seventh Statutes at Large,

page 293), approved February 25, 1927 (44 Stat, 1248)

Resolved by the Senate and H OU8eof Representatives

Elkrefnge,Wyo.of the Un ted States of America in Ocmgress assembled, Additionalla,!dThat the Secretary of Agriculture be, and he is hereby,

accepted for, ID

TetonCounty, aut h orized ' to accept, on beha If. 0f an d WIt' hout expense Wyo. to the United States, from the Izaak Walton League of Vol. 37, p. 293. Seep.37. A merIca, ' or I' ts au th orize' d trus tees, agio' ft f cer tam' 1an ds

in Teton County, Wyoming, described as the south half

of section 4; the east half of the southeast quarter of section 5; the southwest quarter of the southeast quarter of

section 5; the south half of the southwest quarter of

section 5; the southeast quarter of the northeast quarter

of section 7; the east half of the southeast quarter of

section 7; the southwest quarter of the southeast quarter

of secti on 7, and lot 4 of section 7; all of section 8; the

north half of the northeast quarter of section 9; the

north half of the northwest quarter of section 9; and the

southwest quarter of the northwest quarter of section 9;

Descriptio!l.
LEGISLATION RELATING TO NATIONAL PARKS 41

the north half of the northeast quarter of section 17; lot

1 of section 18; and the east half of the northwest quarter

of section 18; all in township 41 north, range 115 west,

of the sixth principal meridian, including all the buildings, and improvements thereon, and all ri~hts, easements, and appurtenances .thereunto appertaming, subject to the conditions that they be used and administered

by the United States, under the supervision and control

of the Secretary of A~iculture, for the grazing of, and

as a refuge for, American elk and other big game animals, and that they be known as the Izaak Walton

League addition to the winter elk refuge: Provided, That Prof1itlo.

upon the conveyance of said lands to the United States,

as herein provided; they shall become a part of the winter

elk refuge established pursuant to the authority con- Addedtowinter

tained in the Act of August 10, 1912 (Thirty-seventh ~~II~~;n~ear

Statutes at Large, page 293), and shall be subject to any Park.

laws governin g the administration and Protection of said Vol.37, p. 293.

. ~~~

refuge.

Excerpt from "An Act Haking appropriations to supply deficiencies in certain appropriations for the fiscal year ending J'une 30,

1929, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending J'une 30, 1929, and J'une 30,

1930, and for other purposes," approved Karch 4, 1929 (45 stat.

1844)8

T~e Secretary of the Int:erior is authoriz~d in his 4is- ~:~i~~:rP:rk.

crehon, and under regulatIons to be prescrIbed by hIm, Disposalof

t{) sell or otherwise dispose of the surplus elk from the surpluaelk.

Yellowstone National Park herd, and all moneys received

from the sale of any such surplus elk shall be deposited

in the Treasury of the United States as miscellaneous

receipts. (U.S.C.,6th supp., title 16, sec. 36a.)

Excerpt from "An--Act To edtablish a National Park Service, and

for other purposes," approved August 25, 1916 (39 Stat. 535)

The Secretary of the Interior may, under such rules Grazingpermits.

and regulations and on such terms as he may prescribe

grant the privilege to graze live stock within any national

park, monument, or reservation herein referred to when

in his judgment such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that this provision shall not

apply to the Yellowstone National Park. (U.S.C., title ~~~~t~.one

16, sec. 3.)

Excerpt from "An Act Haking appropriations for sundry civil e:I:-

pense~ of the Government for the fiscal year ending J'une 3D,

1919, and for other purposes," approved J'uly 1, 1918 (40 Stat.

678)

Yellowstone National Park Wyoming: Hereafter road Road.extensions

extensions and improvements' shall be made in said park rl'Stncted.

8 See p. 87. (42 Stat. 1214.)
42 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

under and in harmony with the general plan of roads

and improvements 'to be approved by the Secretary of

the Interior. (U.S. C., title 16, sec. 34.)

An Act To authorize the sale of certain lands at or near Yellowstone, Montana, for hotel and other purposes, approved February

25, 1919 (40 Stat. 1152)

MacliaonNational Be it e'1UWtedby the Senate and House of RepresentaForest,Mont. tives of the U1Ifited States of AmerWa in Oongress

assembled, That the Secretary of the Interior be, and

hereby is, authorized to sell and convey to Oregon Short

Line Railroad Company, a corporation organized under

SaleoflandIn, the laws of the State of Utah and authorized fu do busi-

:O~~~~:t, ness in the State of Montana, its successors and assigns,

~t ~r' ::.. for hotel and other purposes, and at 'a price to be fixed or 0 ,e. by appraisement at not less than $25 per acre, and under

such terms, conditions, and regulations as the Secretary

of the ~nterior. may pre~cribe, the following described

lands, sItuated m Gallatm County, Montana: Lot three

and the northeast quarter of the southwest quarter of

section thirty-four, III township thirteen south, of range

five east, Montana principal meridian, including the area

at present covered by the right of way for the wye tracks

of said Oregon Short Line Railroad Company; also all

that portion of the southeast quarter of the northwest

quarter of said section thirty-four lying south of the

right of way and station grounds of said company, the

entire tract above described consisting of eighty-eight

and two one-hundredths a.cres; the right of way and

statioJ) grounds of said Oregon Short Line Railroad

Compauy and t~e right of way for the wye tracb of

said company being designated in the filing map of the

Yellowstone Park Railroad Company filed with the Secretary of the Interior, the land described being within

the boundaries of the Madison National Forest: Pro-

'l.ided, however , That any hotel erected on said lands Regulations for 0 S L

.

R

.

operation. shall be operated by the said regon hort me 0.111'00. d

Company, or its successors in interest, under such rules

and regulations as' the Secretary of the Interior may

prescri~ for the conduct and operation of hotels within

the Yellowstone National Park.

An Act To amenClsection 115 of the Act of March 8, 1911, entitled

"An Act to codify, revise, and amend the laws relating to the

judiciary," approved lune 5, 1924 (43 Stat, 388)

Be it e'1UWtedby the Senate and House of Representatives of the United States of AmerWa in Oongress

Uni::SdBtatel assembled, That section 115 of the Act appro"ed March

;'o'L86,p. 11803,1911, entitled "An Act to codify, reVIse, and amend amended. the laws relating to the judiciary," be, and the same is

hereby, amended so as to read as follows:

"SEC. 115. The State of Wyoming shall constitute one

judicial district, to be known as the district of Wyoming.
LEGISLATION RELATING TO NATIONAL PARKS 43

Terms of the district court for said district shall be 'ilIo=~d1~

held at Cheyenne on the second Mondays in May and (Amendslee.II,

November at Casper on the first Mondav in Februar y

118 Stat. 78. See

,

'.J' p. 80.)

at Evanston on the second Tuesday in July, and at

Lander on the first Monday in October; and the said

court shall hold one session annually at Sheridan, on

~uch date as the court may order. The marshal and Terms

clerk of the said court shall each, respectively, appoint Desut).marshals

at least one deputy to reside at Casper, and one to reside aD clerks.

at Evanston, and one to reside at Lander, and shall, also

maintain an office at each of those places: Pr01Jided, ProvUo.

That, until a public building is provided at Casper, suit~ RoolDIatCasper.

able accommodations for holdmg court in said town

shall be furnished free of expense to the United States.

The marshal of the United States for the said district

may appoint among others one or more deputy marshals, ~ep~t)1marsha18

who shall reside in the' Yellowstone National Park." P:rk.e oWBtone

.Toint Resolution To authorize the President of the United States to

appoint a Yellowstone National Park Boundary Commission to

inspect the areas .involved in the proposed adjustment of the

southeast, south, and southwest boundaries of the Yellowstone

National Park, approved February 28, 1929 (45 Stat. 1413)

Re80we(j by the Senate and Howe of Repesentative8

of the United State8 of America in Oongres8 as8embled,

That the President of the United States be, and he is

hereby, authorized and directed to appoint a commission, ~e~t:rpe k

consisting pf five members, to be known as the Yellow- &w:'daryQ;m.

stone National Park Boundary Commission, whose duty ~~tment or

it shall be to inspect the areas involved in the proposed to IDspect d'

.

adjustment of the southeast, south, and southwest bOund-=r or~

3ries of the Yellowstone National Park, and report to art. ofthepark.

the President its recommendations concerning such adjustment. The necessary expenses of such inspection

shall be paid from any appropriation available for Yel.

l?wstone National Park: PrfJ'/Jided,That said comm~.~. 8nal Slon shall make a final report to the Congress on or before report.

.January 1, 1931.

An Act To revise the north, northeast, and ea.t boundaries of the

Yellowstone National Park in the State. of .ontana and Wyoming and for other purposes, approved .arch 1, 1919 (41 Stat.

1485)

Be it enacted by the Se'TWJt8 o:nd H0U86 of Representa- YeIloWBtone

tive8 of the United State8 Of America in Oon gre88 (JJJ8em. National. Park.

h f h

. Boundanes bled, That t e boundary 0 t e Yellowstone National chanll'!d.

Park is hereb y chan ged so as to read as follows: (Amendsvol.17,

p. 811. See p.

" Beginning on the present north boundary line of Yel- ~rI tI lowstone National Park at its intersection with the (AmefdcdDj,y

h ydro gr aphic divide immediatel y north of Pebble Creek vol.46.p. 120.

. , Seep. 45.)

3pproximately at park boundary monument 29 east;

thence following said divide around the head of the

drainage of Pebble Creek to its intersection with the
44

Excluded land.

added to contiguous national

foresta.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

present east boundary line of Yellowstone National Park,

at a point near park boundary monument 54 north;

thence southerly along said boundary line to its intersection with the hydrograppic 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 wlth the crest of the AQsaroka

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 continuing 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

int~rsection with the hydrographic divide immediately

south of Middl~ 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 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

"Beginning on the present west boundary line of

Yellowstone National Park lIt 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

Ilnd 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 boundary line of Yellowstone National Park, at a point near

park boundary monument 11 west.

"All of those lands lyin~, within the boundary lines

above described and, the present north, east, and west

bounda_ry 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 accept-
LEGISLATION RELATING TO NATIONAL PARKS 45

ance 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 (U.S.C., 6th supp., title

16, sec. 21a) : Provided, That whereas it is the purpose ~o~::'roads

and intent of Congress to retain the areas hereby added botels,etc..~.

t th k

. .

t

.. I

.

ld h th mitted on added

o e par In I s qrIgma WI emess c aracter, ere- areas. (Repealed

fore, no new roads shall be constructed and no hotels or~:" ~~~~::)

permanent camps shall be authorized or permitted to be Law"made

.

. .

d h d "

applicable.

mamtame on sue Ian s. Vol.17.p. 811.

SEC. 2. That the provisions of the Act of March 1, ~'::i P2:6p, 222

1872, reserving lands for park purposes, the Act of July See'P.2'8.

.

10,1890, admitting the State of Wyoming into the Union, ~~'/~o.P. '13.

t~e ~ct of ~ay 7, .1894, entitled "An Ac~ to protect the J~'p~~.

p.535.

bIrds and ammals m the Yellowstone NatIOnal Park and

to punish crimes in said park, and for other purposes,"

the Act 0.£August 25, 1916, entitled "An Act to establish

a National Park Service, and for other purposes," and

all Acts supplementary to and amendatory of !:laid Acts

are made applicable to and extended over the lands

hereby added to the park: Provided, That the provi- ProflUO.

sions of the Act of June 10, 1920, entitled "An Act to

create a Federal Power Commission, to provide for the

improvement of navigation, the development of water W~terWWbl Aet

power, the use of the public lands in relation thereto, and ;:I.a:t ;. 1~63.

to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," shall not apply to or extend over such lands.

(U.S.C., 6th supp., title 16, sec. 21b.)

SEC. 3. That the :provisions of the Act of March 20, Exchange 01

1922 (title 16, sectIOn 485, United States Code), as ~~~~o:~~.:.rl.

amended, shall continue to be applicable to the areas in- ~~~ho~zed. 465

eluded within the Yellowstone National Park by this'

.p. .

Act, and any lands within such areas acquired by exchange thereunder shall thereupon become a part of the

Yellowstone National Park. (V.S.C., 6th supp., title

16, sec. 21c.) .

SEC. 4. That nothing herein contained shall aftect any V]

al

i

id existing

l ' d

.

t

.

I

.

I t

.

t d h I d

e a ms. etc.. Dot

va I eXISmg c aim), oca IQn, or en ry un er t e. an affected.

laws of the United ~tates, whether for homestead, mineral right of way, or any other purposes whatsoever, or

shall affect the right of any such claimant, locator, or

entI'Jll1:an to the full use and enjoyment of his land.

(U.S.C., 6th supp., title 16, sec. 21d.)

An Act To amend section 1 of an Aot entitled "An Aot to revise the

north, northeast, and east boundaries of the Yellowstone National

Park in the States of Montana and Wyoming, and for other purposes," approved Maroh 1, 1828, bJl1ng Publio Aot Numbered 888

of the Seventieth Congress, approved April 18, 1830 (48 Stat.

220)

Be it eruIcted by tM Senate and House of Representativ~s 01 the Umteil States of America im, Oongress assem:bW, That section 1 of the Act entitled "An Act to
46

,

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

rey.ise the north, northeast: and east boundaries of the

Yellowstone Yellowstone National Park in the States of Montana and

National Park, W.

d f th Mont.andWyo. yonung, an or 0 er purposes,

"

approve d Mare,h 1

~h:'::::i:iea 1929, being Public.Act Nu~bered 888 of the Seventi~th Vol.'6, p. U35,Congress, be, and the same IS hereby, amended by strlk-

~~ v~;.1~p~'43ing out the proviso at the end of that section so that and26. when so amended the section will read as follows: That

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 southerly along said boundary line to its'intersection with the 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 wifh 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 continuing westerly

along said divide, now between the headwaters of Lamar

River and Jones Creek; headwaters of Sedge, Bear, Cub,

and Clear Creeks, and the head waters ofJones and Crow

Creeks, and ~tween Crow Creek and Middle Creek, to

its intersection with the present east boundary line of

Yellowstone National Park, approiimately at park

boundary monUIuent 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 westerl:yalong said divide,

now between a southern tributary of Middle Creek headwaters of Beaverdam Trappers, and Mountain Creeks,

and the headwaters of Canfield and. Eagle Creeks, to its

intersection with the present east boundary line of Yel10wstone National Park, at a point near park boundary

monument 5 north, passing over Reservation and Atkiri$

Peaks, Mount Schurz, Mount Humphreys, and Eagle

Peak; and

"Beginnin~ on the present west boundary line of Yellowstone National Park at its intersection with the .left

bank of Gallatin Riv~r between park monuments 45 and

Description.
LEGISLATION RELATING TO NATIONAL PARKS 47

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 boundary line of YeHowstone 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

Descnbedal'l'as

"

added to park.

bounda

~

lines are hereb y included in and made a Part Excluded lands

. added to conof the ellowstone N abonal Park; and all of those lands ti~ousnational

of the present Yellowstone National Park excluded from forests.

the :park are hereby included in and made a part of the

conbguous national forests subject to all laws and regulations applicable to national forests, and upon acceptance thereof by app ropriate action of the State J

o

urisdic- Jurisdiction of

.

. 2 Wyoming.

tlOn for all purposes whatso~ver shall be, and IS hereby,

ceded over the land hereby excluded from the park to the

State of Wyoming." (U.S. C., 6th supp., title 16, sec.

21a.)
2 and 3. Sequoia and General Grant National Parks

Act of September 25, 1890, setting apart a certain tract of land in California as a public park___ __ ___ _ _ __ _ __ __ _ _ _ ___ __ __ __ _____

Act of October 1, 1890, setting apart certain tracts of land in CallfoJ:.lliaas

forest reservations _ _ _ _ _ _ ___ _ _ _ _ ___ _ _ _ _ _ __L __ _ _ _ _ _ __ _ _ _ ___ __ __

Excerpt from Sundry Civil Act of June 6, 1900, authorizing the Secretary

of War to detail troops for the protection of Yosemite, Sequoia, and

General Grant National Parks __________________

Act of February 15, 1901, relating to rights-of-way through certain parks,

reservations, and other public lands________________________________

Excerpt from Sundry Civil Act of July 1, 1916, authorizing acceptance of

patented lands or rights-of-way. over lands in Sequoia National Park

that may be donated for park purposes__ _ _ _ __ _ _ __ _ __ _ __ _ __ _ _ __ _ ___

Actof Legislature of California, approved April 15, 1919, ceding to the

United States exclusive jurisdi<:tion over Sequoia and General Grant

National _Parks_________________________________________________

Act of June 2, 1920, accepting cession by California of exclusive jurisdiction of lands embraced within Y08emite, Sequoia, and General Grant

National Parks ~________________

Act of July 3, 1926, revising the boundary of the Sequoia National Park__

An Act To let apart a certain tract of land 1nthe State of California as a publio park, approved September 25, 1890 (28 Stat.

478)1

Whereas, the rapid destruction of timber and ornamental trees in various parts of the United States, some of

which trees are the wonders of the world on account of

their size and the limited number growing, makes it a

matter of importance that at least som&of said forests

should be preserved: Therefore

Be it enacted by the Senate and H01UJeof Representatives of the United States of America in Oongress assembled, That the tract of land in the State of California

known and described as township numbered eighteen

south, of range numbered thirty east also township

eighteen south range thirty-one east; and sections thirty--

one, thirty~two, thirty-three, and ,thirty-four, township

R t' ete seventeen sOuth range thirty east, all east of Mount eserva lon, .

Diablo meridian, is hereby reserved and withdrawn from

settlement, occupancy, or sale under the laws of the

United States, and dedicated ,and set apart as a public

park, or pleasure ground, for the benefit and enjoymeJ).t

of the people; and all persons who shall locate or settle

upon, or occupy the same or any part thereof, except as

hereinafter

,

provided, shall be considered trespassers and.

,removed therefrom. (U.S.C., title 16, sec. 41.)

SeC,'etaryof In- SEC 2 That said

~

teriortocontrol.'.

.. ublic Park shall be under the exclu- Care,etc. Slve control of the ecretary of the InterIor, .' whose duty

Preamble.

Big tree&.

Public land in

California reaerved, ete.. for

a public park,

etc.

Location, ete.

Trellpuaera.

1 (Tbls act covers part of Sequoia National Park; the remainder of said

park Is reserved by acc. 8 of act of October I, 1890, wblch fOllows.)

48

Page

48

49

51

51

52

52

53

58
LEGISLATIOK RELATING TO NATIONAL PARKS 49

it shall be, as soon as practicable, to make and publish

such rules and regulations as he may deem necessary or

Regulations.

proper for the care and management of the same. Such

regulations shall provide for the preservation from injury of all timber, mineral deposIts, natural curiosities

or wonders wit:tin said park, and their retention in their ~

natural condition. The Secretary may, in his discretion,,=~

grant leases for building purposes for terms not exceed- ~~l3:edpbY685

ing ten years of small parcels of ground not exceeding fiveas ame':ded. ~

acres, at such places in said park as shall require the

p.9.)

erection of buildings for the accommodation of visitors;

(all of the proceeds of said leases and other revenues that

may be derIved from any source connected with said park

to be expended under his direction in the management of ~~~.:'re of

the same and th~ construction of roads and paths therein.)

He shall provide against the wanton destruction of the

fish and game found within said park, and against their

capture or destruction. for the Purposes of merchandise D t cti f

fi h

.

1

. esruono

Qr pro t. He s all also cause a 1 persons trespassmg Ilshandgame.

upon the same, after the passag6 of this act to be removed therefrom, and, generally, shall be authorized to removalof tc.

take all such measures as shall be necessary or proper to

respassers,e

fully carry out the objects and purposes of this act.

(U.S.C., title 16, sec. 43.)

An Act To set apart certain tracts of land in the State of California

as forest reservations, approved October 1, 1890 (28 Stat. 850)'

Be it eruwted by tM Senate and House of Repre- [;~~~c:i:::';ia.

8entatives of tM United States of Ameriqa in Oongress Boundaries.

assembled, That the tracts of land in the State of California known and described as follows: Commencing at

the northwest corner of township two north, range nineteen east Mount Diablo meridian, thence eastwardly on

the line between townships two and three north, ranges

twenty-four and twenty-five east; thence southwardly on

the line between ranges twenty-four and twenty-five east

to the Mount Diablo base line; thence eastwardly on said

base line to the corner to township one south, ranges

twenty-five and twenty-six east; thence southwardly on

the line between ranges twenty-five and twenty-six east

t.o the southeast corner of township two south, range

twenty-five east; thence eastwardly on the~ine between

townships two and three south, range twenty-six east to

the corner to townships two and three south, ranges

twenty-six and twenty-seven east; thence southwardly on

the line between ranges twenty-six and twenty-seven east

t.o the first standard parallel south; thence westwardly

'Secs. 1 and 2 of this act .relate to Yosemite National Park. Of the

lands described in sec. 3 of the act. Tps. 15 and 16 S., Rs. 29 and 30 E.,

Mount Diablo base and meridian, and all of T. 17 S., R. 30 E., with the

exception of s<'cs. 31, 32, 33, and 34, form part of the Sequoia National

Park, the lands forming the remainder of said park being reserved by the

act of Sept. 25..1890. The followlnlt land8, described in see. 3 constitute

General Grant ~ational Park: Secs. 5 and 6, Tp. 14 S., R. 28 E., and secs.

31 alid 32, T. 13 S., R. 28 E., Mount Diablo base and meridian.
50 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

on the first standard parallel south to the southwest

corner of township' four south, range nineteen east;

thence northwardly on the line between ranges eighteen

and nineteen east to the northwest corner of township

two south, range nineteen east; thence westwardly on the

line between townships one and two south to the southwest corner 'of township one south, range nineteen east;

thence northwardly on the line b~tween ranges eighteen

and nineteen east to the northwest corner of township

two north, range nineteen east, the place of beginning,

W

.

I d f

are hereby reserved and withdrawn from settlement, oc- It} rawn rom

I d h I f h U

.

settlement. ec. cupancy, or sa e un er t e aws 0 t e mte d States, and

Trespassers. set apart as reserved forest lands; and all persons who

shall locate or settle upon, or occupy the same or any part

thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom: Provided,

however, That nothing in this act shall be construed as in

anywise affecting the grant. of lands made to the State of

California by virtu~ of the act entitled "An act authorizing a grant to the State of California of the Yosemite

Valley and of the land embracing the Mariposa Big TI:ee

Grove,;' approved June thirtieth, eighteen hundred and

Bonafideprior sixty-four; or as affecting any bona fide entry. (U.S.C., entriesnot titl e 16, sec. 44.)

affected.

SEC. 2. That said reservation shall be under the exclusive control of the Secretary of the Interior, whose duty Secretary of .

Interior to have it shall be, as soon as practIcable, to make and publish control. such rules and regulations as he may deem necessary or Regulations. proper for the care and management of the same. Such

re gulations shall Provide for the Preservation from inPreservation or timber.etc. jury of all timber, mineral deposits, natural curiosities,

or .wonders within said reservation, and their retention

in their natural condition. The Secretary may, in his

B

.

Idl I

discretion, grant .leases for building purposes for terms UI ng eases. d

.

etc. not excee mg ten years 0f sma II parce Is 0f groun d not

~.~t~:edp~Y585 exceeding five acres; at such [laces in said reservation

asnmen'ded.Se~as shall re quire the erection 0 buildin gs for the accom- pp.9-12.)

d t

.

f

. .

II f h d f

.

mo a IOn 0 vIsItors; a 0 t e procee S 0 sa1 d Ieases

Distributionof and other revenues that may be derived from any source

proceeds,

d

.

th ' d

.

connecte WI Sal r~ServatlOn to be expen ded un der hIS'

direction in the management of the same and the construction of roads and paths therein. He shall provide

against the wanton de ;truction of the fish and game

Preservation of f d

.

h'

.

d

.

d ' h

.

t fishandgame, oun WIt m sal reservatIOn, an agaInst t ell' cap ure

or destruction, for the purposes of merchandise or profit.

He shall also cause all persons trespassing upon the same

after the passage of this act to be removed therefrom,

and, generally, shall be authorized to t.ake all such measures as shall be necessary or proper to fully carry out

the objects and purposes of this act. (U.S.C., title 16,

sec. 43.)

SEC. 3. There shall also be and is hereby reserved and

withdrawn from settlement, occupancy, or i?ale uQder the

Provi&o.

Grant of

Yosemi te Valley

and Mariposa

Dig Tree Grove,

not affected.

Vol. 13. p. 32G.

See p. 64.

Removal of

trespassers, etc.

(Amended hy

vol. 41. p. 731.

See p. 53.)
LEGISLATION RELATING TO NATIONAL PARKS 51

laws of the United States, and shall be set apart as reserved forest lands, as hereinbef()re provided, and subject

11 h 1

. .

t

.

d

. .

h

.

t

.

d

Other landa

to ate Imlta Ions an prOVIsIOns erem con ame ,reserved aa

the following additional lands, to wit: Township sevenforesthLuda.

teen south, range thirty east of the Mount Diablo meDescription.

ridian, excepting sections thirty-one, thirty-two, thirtythree. and thirty-four of said township, included in a

previous bill. And there is also reserved and withdrawn

from settlement, occupancy, or sale under the laws of

the United States, and set <apart as forest lands, subject

to like limitations, conditions, and provisions, all of

townships fifteen and sixteen south, of ran~es twentynine and thirty east of the Mount Diablo meridian. And

there is also hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United

States, and set apart as reserved forest lands under like

limitations, restrIctions, and provisions, sections five and

six in township fourteen south. range twenty-eight east

of Mount Diab10 meridian, and also sections thirty-one

and thirty-two of township thirteen south, range twentyeight east of the same merIdian. Nothing in thIS act shall Limitupon

authorize rules or contracts touching the protection and ~~~'i~~':;. ~ie

improvement of said reservations beyond the sums that

..

may be received by the Secretary of the Interior under

the foregoing proVIsions, or authorize any charge against

the Treasury of the United States. (U.S.C., title 16,

sec. 45.)

Excerpt from "An Act Making appropriations for sundry oivil expenses of. the Government for the fiscal year ending lune 30.

1901, and. for other purposes," approved lune 6, 1900 (31 Stat.

618)

The Secretar y of War Upon the re quest of the SecreProtectionof

, Sequoia.Y08emtar y of the Interior , is hereafter authorized and directed O

ite, an

t N

d

°t

.enera

l

l

. ran a 10na

to make the necessary detul of troops to prevent treS-Park., California.

passers or intruders from entering the Sequoia National

Park, the Yosemite National Park, and the General

Grant National Park, respectively, in California, for the

purpose of destroying the game or objects of curiosity

therein, 01' for any other purpose prohibited by law or

regulation for the government of said reservations, and

to remove such persons from said parks if found therein.

(U.S. C., title 16, sec. 78.)

An Act Relating to rights of way through certain parks, reservations, and other public lands, approved February 15, 1901 (31

Stat. 790)

Be it enacted by the Senate and H o'lJJ8eof Representa- P~blic land..

.

f h U

.. d S f A

. .

0

Rlghtll of way

t'wes 0 t e nzte tates 0 1lU31"lCa~n ongress a8Sem- t~roughreservabled, That the Secretary of the Interior be, and hereby ~',:'U:~ri~t;d:

is, authorized and empowered,under general regulations ~t.'fer~~g ~y86

to be fixed by him, to permit the use of rights of way 3; a;'dbyFed~

p.

through the public lands, forest and other reservations e;~l-:;~t'~~:lO'.er
52 LAWS FOR NAT. PARK SERVICE, PARKS, &; MONUMENTS

:g:~,41Stat'dedof the United States, and the Yosemite, Sequoia, and

by4i ~f."~53, General Grant national parks, California, for electrical

~Jdtb~.etc. plants, poles, and lines for the genetation and distribution of electrical power, and for teleJ?hone and telegraph

purposes, and for canals, ditches, pIpes and pipe lines,

flumes, tunnels, or other water conduits, and for water

plants, dams and reservoirs used to promote irrigation or

mining or quarrying, or the manufacturing or cutting of

timber or lumber, or the supplying of water for domestic,

public, or any other beneficial uses to the extent of the

ground occupied by such canals, ditches, flumes, tunnels,

reservoirs, or other water conduits or water plants, or

electrical or other works permitted hereunder, and not to

exceed fifty feet on each side of the marginal limits

thereof, or not to exceed fl-fty feet on each side of the center line of such pipes and pipe lineR, electrical, telegraph,

and telephone lines and poles, by any citizen, association.]

or corporation of the United States, where it is intended

by such to exercise the use permitted hereunder or any

one or more of the purposes herein named: Provided,

That such permits shall be allowed within or through any

of said parks or any forest, military, Indian, or other

reseryation only upon the approval of the chief officer of

the department under' whose supervision such park or

reservation falls and upon a finding by him that the same

is not incompatible with the public interest: Provid{ld

Telegrapb,etc. further, That all permits given hereunder for telegraph permits. and telephone purposes shall be subject to the provision

of title sixty-five of the Revised StatL'tes of the United

States, and amendments thereto, regulating rights of way

for telegraph companies over the public domain: .(1nd

::~:.tion of JJ1'ovided further, That any permission g-iven by the Secretary of the Interior under the provIsions of this act

may be revoked by him or his successor in his discretion,

and shall not be held to confer any right, or easement, or

interest in, to, or over any public land, reservation, or

park. (U.S.C., title 16, sec. 79.)

PTOVUlO..

Approval of

permit.

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30,

1917, and for other purposes," approved July 1, 1916 (39 Stat.

308)

Sequoia Th S f I I " h

. National d

Park. e ecretary 0 t 1e nterlOr IS aut ol'lze to accept

Acceptance of

P atented lands or rio'hts of wa y whether over donatedland.. .. 1:>'. . Patented (Repealedby 46or other lands III the SequOIa NatIOnal Park that may be

~;::j~e1°1;~t~~t donated for park purposes. (U.S.c., title 16, sec. 42.)

covered by

U.S.C., title 16, Act of Le gislature of California app roved Ap sec. 6, 41 Stat. . . .'.. ril 15 1919 cedin g to '.

'

91;. S.e p. 13.) the UnIted States exclusive JUrlsdichon over Yosemite, Sequoia,.

and General Grant National Parks in the State of California.

(Statutes and amendments to Codes of California, 1919, p. 74)

Tlte people of the State of Oalifornun do enact as

follows :

.Sec Solicitor's Opinion of June 6, 19~2 (M. 27036)
LEGISLATION RELATING TO NATIONAL PARKS 53

SECTION 1. Exclusive jurisdiction shall be and the saIlle

is hereby ceded to the United States over and within 11,11

the terrItory which is now or may hereafter be included

in those several tracts of land in the State of California

set aside and dedicated for park purposes by the United

Stat~s as "Yosemite National Park,' "Sequoia, National

Park," and "General Grant National Park" respectively j saving however to the State of California the

right to serve civil or criminal process within the limits

of the aforesaid parks in suits or prosecutions for or on

account of rights acquired, obligations incurred, or

crimes committed in said State outside of said parks j

and saving further. to the said State the right to tax

persons and corporations, their franchises and property

on the land$ included in, said parks, and the right to fix

and collect license fees for fishing il~ said parks j and

saving also to the persons residing in any of said parks

now or hereafter the right to vote at all elections held

,!ithin the c0!llty or counties in 'Yhi.ch. sa.id parks are

SItuate: Pruuided, hO'/JNwer,That JUrISdictIOn shall not

vest until the United States through the proper officer

notifies the State of California that they assume police

jurisdiction over said parks.

An Act To accept the cession by the State of Calif.ornia of exclusive

Jurisdiction of the lands embraced within the Yosemite National

Park, Sequoia National Park, and General Grant National Park,

respectively, and for other purposes, approved June 2, 1920 (41

Stat. 731)

Be it enacted by the Senate and House of Representatives of the United State.'t of A.merica -in Oongrcs.s

assembled, That the provisions of the act of the LegisN t' 1 P k

lature of the State of California (approved April 15, C~;'Llla ar 8.

1919) ceding to the United States exclusive jurisdiction ~icti~~ or'sla'telaover the territory embraced and included within the over ~dignated,

Yosemite National Park, Sequoia National Park, and a~epe .

General Grant National Park, respectively, are hereby ~d1;h:t:...erved

accepted and sole and exclusive jurisdiction is hel'eby

assumed by the United States over such territory, saving,

however, to the said State of California the right to

serve civil or criminal process within the limits of the

aforesaid parks or either of them in suits or prosecutions for or on account of rights acquired, obligations

incurred, or crimes committed in said State outside of

said parks j a.nd saving further to the said State the

right to tax persons and corporations, their franchises

and property on the lands included in said parks, and

the right to fix and collect license fees for fishmg in said

parks j and saving also to the persons residing in any of

.said parks now or hereafter the right to vote at all elections held within the county or counties in which said

parks are situated. (U.S.C. title 16, sec. 57.) All the.

laws !),pplicable to places under sole and exclusive juris- ~~:~~~:i~~~le diction of the United States shall have force and effect .
54 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Extradition of in said P arks or either oT them. All fU2'itives from J

'us- criminals. ~,

rice taking refuge in said parks, or either of them, shall

be subject to the same laws as refugees from justice

found in the State of California. (U.S.C., title 16,

te f"ec. 58.)

~:ir~ r:&H. SEC. 2. That said Yosemite National Park shall con-

~i~rI~nOrlbernstitute a part of the United States judicial district for

.

the northern district of California, and the district court

of the United States in and for said northern district

shall have jurisdiction of all offenses committed within

said boundaries of the Yosemite National Park. (U.S.C.,

title 16, sec. 76.)

~:~~~ ~~~nt

.

SEC. 3. That said Sequoia N ationa.l Park and General

Parks. Grant National Park shall constitute part of .the United

AssignedtoCali.States judicial district for the southern district of Cali-

~i~;r;,t~outbern:fornia, and the district court of the United States in and

for said ~outhern district shall have jurisdiction of all

offenses committed within the boundaries of said Sequoia

National Park and General Grant National Park.

(U.S~C., title 16, sec. 77.)

SEC. 4. That if any offense shall be committed in the

Yosemite National Park, Sequoia National Park, Gen.

eral Grant Nationa.l Park, or either of them, which

Punishmentof offense is not prohibited or the punishment is not spes~:r:el'a~~~instciflcally provided for by any law of the United States,

the offender shall be subject to the same punishment as

the laws of the State of California in force at the time of

the commission of the 0ffense may provide for a like

otl'ense in said State; and no subsequent repeal of any

such law of the State of California shall affect any prosecution for said offense cominitted within said parks, or

either of them. (U.S. C., title 16, sec. 59.)

Hunting,.fi.s~ing. SEC. 5. That all hunting or the killing, wounding, or

etc., prohllHtlons. .

t

.

£

.

]d U" d

.

I

.

capturmg at any Iffie 0

.

any WI II' or aluma , except

dangerons animals, when it is necessary t.o prevent them

from destroying- human liv(>~c; or inflicting personal injury,

is prohibitecl wIthin the limits of said parks; or shall any

fish be taken out of any of the waters of the said pwrks,

or either of them, in any other wav than by hook and

line, and then only at such se;ts<ms' and sucli times and

manner as may be directed by the Secretary of the In-

~e'tla;~:~ri~~: terior. (U.S.C., title 16, sec. 60.) That the Secretary of (Amendsvol.26,the Interior shall make and publish such general rules

~9~)50.Seep. and regulations as he may deem necessary and propel'

for the management and care of ths park and for the

protection of the property therein, especially for the

preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to

t.he passage of the respect~ve Acts creating and establishing said parks, natural curiosities or wonderful objects

within said parks, and for the prot.ection of the animals

in the park from capture or destruction; and to prevent

their being frightened or driven from the said parks;
LEGISLATION RELATING TO NATIONAL PARKS 55

and he shall make rules and regulations governing the

taking of fish from the streams or lakes in the said parks

01'either of them. (U.S.C., title 16, sec. 61.) Possession E.vidence of

within ~id parks, or either of them, of the dead bod~esvlolatiOlll.

.or any part thereof of any wild bird or' animal shall be

prima fa.cie evidence that person or persons having same

are guilty of violating thIS .Act. (U.S.C., title 16, sec.

62.) .Any person or persons, or stage or express com- Penaltyfor,~opany, or railway company, who kn?WS or has reason to ~~~~.P~810Dl

beliey~ that they were taken or kII~ed contrary to the

provISIOns of this .Act, and who receIves for. transportation any of said animals, birds, or fish so killed, caught,

01'taken, or who shall violate any of the other provisions

of this .Act, or any rule or regulation th8;t may be promulgated by the Secretary of the Interior, with reference

to the management and care of the said parks, or either

of them, or for the protection of the property therein

foI' the preservation from injury or spoliation of timber,

mineral deposits, other than those legally located prior

to the passage of the respective Acts creating and establishing said parks, natural curiosities, or wonderful objects within said parks, or either of them, or for the

protection of ~he animals, birds, or fish in the said parks,

or either of t em, or who shall within said parks commit

.any damage, njury, spoliation to or upon any building,

fence, hedge, gate, guide post, tree, wood, underwood,

timber, garden, crops, vegetables, plants, land, springs,

mineral deposits other than those legally located prior to

::11epassage of the respective Acts creating and establishin~ ~9.id parks, natural curiosities, or other matter or

tiung grc wing or being thereon, or situated therein, shall

ba subject tp the penalty provided for the violation of

rules and regulations of the Secretary of the Interior

authorized by section 3 of the Act of Congress approved

August 25, 1916 (Thirty-ninth Statutes, page 535), entitled "An .Act to establish.a National Park Service, and :e~\.~99.

p. 1181.

for other purposes," which section is hereby amended by Pl1n~6hmeDt

' ki h I "

d

.

f

modIfied.

stri ng t :;refrom t 1e words an any violatIOns 0 any

of the rules and regulations authorized by this Act shall

be punished as provided for in section 50 of the Act

entitled 'An Act to codify and amend the Penal Laws of

the United States,' approved March 4, 1909, as amended

by section 6 of the Act of June 25, 1910 \Thirty-sixth

United States Statutes at Larg~, page 857), 'and inserting in lieu thereof the words" and any violation of any

of the rules and regulations authorized by this Act shall

be punished by it fine of not more than $500 or imprisonment for not exceeding six months, or both, and be

adjudged to pay all cost of the proceedings" (U.S.C.,

title 16, sec. 63) : P.i'ovided, That nothing herein shall be {i:0f]~ ft'

cons~rued as repealing or in any way modifying the au- ~:;~dest:'oyl::'

thorlty granted the Secretary of the Interior by said ~~Y~~~~.-:t

section 3 of the said Act approved August 25, 1916, to affected,

'
56 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

seU or dispose of timber in national parks in those cases

where, in his judgment, the cutting of such timber is requir~d in' order to control the attacks of insects or diseases

or otherwise cOJ18erve the scenery of the natural or historic objects in such parks and to provide for the destruction of such animals and such plant life as may be

detrimental to the use of any of said parks, or the authority granted to said Secretary by the Act approved

April 9, 1912, entitled "An Act to authorize the Secretary

of the Interior to secure for the United States title to

patented lands in the Yosemite National Park, and for

other purposes," as amended by the Act approved April

16, 1914. (U.S. C., title 16, sec. 64.)

SEC. 6. That all guns, traps, teams, horses, or means of

transportation of every nature or description used by any

person or persons within the limits of said parks, or either

of them, when engaged in kilJing, trappmg, ensnaring,

or capturing such wild beasts, birds, or animals, shall be

forfeited to the United States and may be seized by the

officers in said parks, or either of them, and held pending

prosecution of any person or persons arrested under the

charge of violating the provisIOns of this Actt and upon

convICtion such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in

this Act. Such forfeited property shall be disposed of

and accounted for by and under the authority of the Secretary of the Interior. (U.S.C., title 16, sec. 65.)

Commissioner SEC. 7. That the United States District Court for the

~O:ri°Semite Northern District of California shall appoint a commissioner for the Yosemite National Park, who shall reside

~u"lro~i~~':~:: in said park, and who shall have jurisdiction to hear and

act. upon all complaints made of any violatiotls of lawl

or of the rules and regulations made by the Secrekry ot

the Int.erior, for the government of said Yosemite ldtional Park, and for the protection of the animals, birds,

and fish, and objects of interest therein, and for other

purposes authorized by this Act. (U.S.C., title 16,

sec. 66.)

.~l"ljejall'.o\Vel'.Such commissioner shall have Power Up on sworn in- In VIOlatIOns of f "

.

,

f

.

lule..etc. ormatIOn, to Issue process m the name 0 the Umted

States for the arrest of any person char~ed w:ith the commission of any misdemeanor, or charged with a violation

of the rules and regulations, or with a violation of any

of the provisions of this Act prescribed for the government of said Yosemite National Park, and for the protection of the animals, birds, and fish in said park, and

try persons so charged, and if found guilty impose PUIlishment and to adjudge forfeiture prescribed. (U.S.C.,

title 16, sec. 67.)

In all cases of conviction an appeal shall lie from the

.judgment of said commissioner to the United States

Court for the Northern District of California, and the

United States district court in said district shall preVol. 37,p. 80.

See p. 75.

Vol. 38, p. 345.

See p. 76.

Forfeiture of

guns, traps, etc~t

illegally used.

AI)I)t~19.
LEGISLATION RELATING TO NATIONAL PARKS 57

scribe rules and procedure and practice for said cOInlnissioner in the trial of cases and for appeals to said United

States district court. (U.S.C., title 16, sec. 68.)

SEC. 8. That the United States District Court for the

Southern District of California shall appoint a commis- fo~"S~:::.n:~d

sioner for the Sequoia National Park and the General GeneralGrant

Grant National Park, whl) shall reside in one of said Parks..

ks d 1 h 11h

.. di t

.

t h d t par, an w 10 ~ppointmeot. s a ave JUrIS c IOn 0 ear an ac ~lIthorityetc.

upon all complaints made of any violations of the law or

.

of the rules and regulations made by the Secretary of the

Interior, for the government of the Sequoia National

Park and the General Gra.nt National Park, and for the

protection of the animals, birds, and fish, and objects of

interest therein, and for other purposes authorized by this

Act.

Such commissioner shall have power, upon sworn in- ~udi~ialtK'wers

formation, to issue process in the name of the United ~~I::.o~~~onof

States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation

of the rules and regulations, or with a violation of any of

the provisions of this Act prescribed for the government

of said Sequoia National Park and General Grant N ational Park, or either of them, and for the protection of

the animals, birds, and fish in said last-named parks, or

either of them, and try persons so charged, and, if found

guilty, impose punishment and to adjudge forfeiture

prescribed. (U.S.C., title 16, sec. 67.)

In all cases of conviction an appeal shall lie from the Appeals.

judgment of said commissioner to the United States

Court for the Southern District of California, and the

United States district court in said district shall prescribe rules and procedure and practice for said commissioner in the trial of cases and for appeals to said

United States district court. (U.S.C., title 16, sec. 68.)

SEO. 9. That any such commissioner within his juris- P~ocedllrein

diction shall also have the power to issue process as here- cnminalcase..

inbefore provided for the arrest of any person charged

with commission within said boundaries of said parks, or

either of them, as specified above in this Act, of any criminal offense not covered by the provisions of section 5 of

this Act, to hear the evidence introd'uced, and if he is of

the opinion that probable cause is shown for holding the

person so charged for trial, he shall cause such person to

be safely conveyed to a secure place of confinement

within the jurisdiction of the United States district

court in and for the judicial district to which he belongs,

and certify a transcript of the record of his proceedings

and testir;nony in the case to the court, to which the park

is at.tached as above specified in this Act, which court

shall have jurisdiction of the case: Provided, That the PrODi,o.

said commissioner shall grant bail in all cases bailable Bail.

under the laws of the United States or of said State.

(U.S. C., title 16, sec. 70.)
58 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Service of

process.

SEC. 10. That all process issued by the commissioner of

the Yosemite National Park shall be directed to the marshal of the United States for the northern district of

Ca.lifornia, and all process issued by the commissioner of

the Sequoia National Park and the General Grant National Park shall be directed to the marshal of the United

States for the Southern District of California, but nothing herein contained shall be so construed to prevent the

Summar)" .rrest..,arrest by any officer or employee of the Govern..TJJent or

any person employed by the United States, in the policing of such reservation within the boundaries of said

parks, or either of them, without process of any person

taken in the act of violating the law or this Act or the

regulation prescribed by said Secretary as aforesaid.

(U.S. C., title 16, sec. 71.)

SEC. 11. That the commissioner provided for in this

Act for the Yosemite National Park and the commissioner provided for in this Act for the Sequoia National

Park and the General Grant National Park eacli shall be

paid an annual salary of $1,500, payable monthly: Provided, That the said commissioner for the Yosemite NaHeside1lee tiona] Park shall reside within the exterior boundaries of requirements. said Yosemite National Park, and the commissioner provided for the Sequoia National Park and the General

Grant National Park shall reside within the exterior

boundaries of one of the said last-named national parks

and at a place to be designated by the court making such

appointment. (U.S.C., title 16, secs. 69 and 72.) And

Disposal offees. provided further, That all fees, costs, and expenses colete. lected by the commissioner shall be disposed of as provided in section 13 of this Act. (U.S.C., title 16, sec. 73.)

SEC. 12. That all fees, costs, and expenses arising iu

cases under this Act and properly chargeable to the

United States shall be certified, approved, and paid a~

are like fees, costs, and expenses in the courts of the

United States. (U.S.C., title 16, sec. 75.)

Dexositsof fines SEC. 13. That all fines and costs imposed and collected

an costs. shall be deposited by said commissioners of the United

States, or the marshal of the United States collecting the

same, with the clerk of the United States district court to

which said parks are attached, as provided in this Act.

(U.S.C., title 16, sec. 74.)

:';;'~i~~~nt'e of

.

SEC:.~4. That the Secretary of the Interior shall notify

m wrItmg the governor of the State of California of the

passage and approval of this Act and of the fact that the

United States assumes police jurisdiction over said parks,

as specified in said Act.

Pay of com,

missj()nel's.

United Stat"" fees.

An Act To revise the boundary of the Sequoia National Park, California, approved July 3, 1926 (44 Stat. 818)

Be it enacted by the Senate and House of Representati'ves of the United States of America in Congress
LEGISLATION RELATING TO NATIONAL PARKS 59

a8sembled That the boundaries of the Sequoia National Sequoia~ational 1.

b d f 1

Park. CallI. Park, Cahforma, are here y change as 01 OWS: Boundaries

Beginning at the southwest corner of the present changed.

boundary of Sequoia National Park, being the southwest DescrlpttoD 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 Pork 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 northeast~rly 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 SmIth 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 .thocand 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 north.-

easterly 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
60 LAWS FOR NA.T. PARK SERVICE, PARKS, & MONUMENTS

crest of the Kings-Kern Divide to a junction with thtJ

crest of the Great Western Divide at Thunder Mountain

(United States Geological Survey bench mark thirteen

thousand fiye hundred and seventy-eight feet); thence

southwesterly along the crest of the Great \Vestern

Divide to Triple Divide Peak (United States Geological

Survey altitude twelve thousand six hundred and fiftyone feet); thence westerly and northwesterly along the

crest of the hydrographic divide between the headwaters

of noaring 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

with Cactus Creek; thence easterly along the first hydrographic 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 1'7 and 18 south, range i30east,

to the place of beginning; and all of those lands lying

within the boundary line above described are hereby inMeaincludedin cluded in and made a part of the Roosevelt-Sequoia Na-

~~~t:N~\i~~~'1 tional Park; and all of those lands excluded from the

J:ar~.d d I IPl'esent Sequoia National Park are hereby included in

";f.f~~t"os~~:;oland made a part of the Sequoia National Forest, subject NationalForest.to ull laws and regulations applicable to the national

forests. (U.S.C., 6th supp., title 16~ sec. 45a.)

Exclusivecontrol S}~C.2. That said park shall be nnder the exclusive con-

~~c':.~~~r:~~ertrol of the Secretary of the Interior, whose ~uty it shall

Interinr. be, as soon as practIcable, to make and publIsh such reat~;~:~d;:ODBto :,;onable rules and regulations, not inconsistent with the

Jaws of the United States, as he may deem necessa.ry 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 pur.-

poses 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

condi~ion as far as practicable, and for the preservation

of said park in a state of nature so far as IS consistent

Fi,llingbyhook with the purposes of this Act. Such rules and regulann" lineper- t.ions shall P ermit the takin!! of fish by hook and line uliLted. f

\

~,

. rom the streams or lakes in said park, but at such seasons, during such times, and in such manner as may be
LEGISLATION RELATING TO. NATIONAL PARKS 61

directed by the Secretary o.f the Interio.r. Such rules

and regulatio.ns ho.wever, shall pro.vide against the destructio.n o.f the wild life within said park, and the Secretary o.f the Interio.r is hereby autho.rIzed to take all such

measures as shall be necessary to fully carry o.ut the o.bjects and purpo.ses o.f this Act. Said Secretary may, in

his discretio.n, execute leases to. parcels o.f gro.und no.t ~~=~:datiOll exceeding ten acres in extent at any o.ne place to anyone ofvisitor&.

perso.n 0.1'perso.ns 0.1'campany far nat to. exceed twenty

years, when such graund is necessary far the erectian o.f

buildings far the accammadatian af visitars. Such

leases 0.1'privileges may be renewed 0.1'extended at the

expiratian af the terms thereaf: Pro.vided, That existing Prol>Uo.

leases fram the Department af AgrIculture may be can- ExIs~ng1_

tinued, in the discretian af the Secretary af t4e Interiar, continued.

far so. lang as such extensian is nat detrimental to. the

public purposes fo.r which the park is created. (U.S.c.,

6th supp., title 16, sec. 45b.)

SEC. 3. That nathing herein cantained shall affect any Validclaims,

l' d ' t ' 1

.

1

.

t h t f st b

etc, not atrected

va 1 eXIS mg Calm, o.CatlOn, 0.1'en ry ere a are e a -' .

lished under the land laws o.f the United States, whether

far hamestead, mineral, right o.f way, 0.1'any ather purpase whatsaever, 0.1'shall affect the rights af any such

claimant, lacator, 0.1'entryman to. the full use and enjayment af his land: Provided, That under rules and regu- PrONO'.

latians to. be prescribed by him the Secretary o.f the In- Useoftimber.

teriar may issue permits to. any bana fide claimant,

entryman, landawner, 0.1'lessee o.f land within the baundaries herein established to secure timber far use an and

far the impravement o.f his land; and he shall also. have

autharity to. issue, under rules and regulatians to. be prescribed by him, grazing permits and autho.rize the graz- Grazingpermlta.

ing o.f livestock an the lands within said park at fees nat

to. exceed thase charged by the Farest Service an adjacent

areas, so. lang as such timber cutting and grazing are nat

detrimental to. the primary purpase far which such park

is. created: Provuud, That no. permit, license, lease, 0.1'~estri~on;a

autharizatio.n fo.r dams, canduits, reservo.irs, pawer ~~~.

"or

hauses, transmissio.n lines, 0.1'ather wo.rks far starage 0.1'

carriage af water, 0.1'far the develapment, transmissio.n,

0.1'utilizatian o.f Po.wer within the limits af said park as

herein co.nstituted, shall be granted 0.1'made withaut specific autho.rity o.f Cangress. (U.S.C., 6th supp., title 16,

sec. 45c.)

SEC. 4. That no. exclusive privilege shall be granted ~~rl~'les

within said park, 0.1' an 0.1' aver the ro.ads and trails

therein, except uPo.n graund leased far the erectio.n <,f

buildings 0.1'.camps thereo.n. (U.S. C., 6th supp:' title 16,

sec. 45d.)

S 5 Th t f d

.

It f ' 1 t

. Punishment for EC..

. a. any per~an aun gUl y a VIOa mg any violatingrule!!, o.f the praVISIo.nS af thIS Act 0.1'any rule 0.1'regulatio.n etc.

that may be pramulgated by the Secretary af the Interiar

with reference to. the management and care af the park,
62 LAWS ~'OR NAT. PARK SERVICE, PARKS, & MONUMENTS

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. (U.S.C., 6th supp.,

title 16, sec. 45e.)

SequoiaNational SEC. 6. That all Parts of townshi l

) 17 south ranO"es 31

~~~~ d

.

, 0

Landsdeslg. an 32 east, and townshIp 18 south, range 31 east, Mount natedas. Diablo base and meridian, which are north of the hydrographic divide passing through Farewell Gap, and which

are not added to and made part of the Sequoia National

Park by the provisions of this Act, are hereby designated

Unal.!thorlzedas the Sequoia National Game Refuge, and the hunting,

~fb~~d~' o~tC;'iI~n. trapping, killing, or capturing of birds and game or

::itFi1s. un- other wild animals upon the lands of the United States wu. within the limits of the said area shall be unlawful except under such regulations as may be prescribed from

time to time by the Secretary of Agriculture; and any

Punishmentfor. persons violating sueh regulations or the provisions of

this sect.ion shall be deemed guilty of a misdemeanor,

and shall, upon convictioll in any United States court of

competent jurisdiction, be fined in a sum not exceeding

$1,000, or by imprisonment for a period not exceeding

one year, or shan suffer both fine and imprisonment, in

ProvU.8. the discretion of the court: Prov'ided, That it is the purfI~;>~~~a:efd.8eo- pose of this sec~ion to protect from trespas~ the pu~lic

lands of the Umted States a.nd the game ammals whIch

may be thereon, and not to interfere with the operation

L ndsto con. of the local game la ws as affecting private or State lands: ti~uein SequoiaProvided f~l,rther, That the lands included in said game

National Forest f I II .

b t f h S

.

N t ' I forusesthereof:re llge S1a eontlnue to e par sot e equola a -lona

Forest amI nothing contained in this section shaH prevent

the Secretary of Agriculture from permitting other uses

of said lands under and in conformity with the laws and

the rules and regulations applicable thereto so far as

may be consistent with the purposes for which said gam("

refuge is established.

1
4. Yosamite National Park

Act of June 30, 1864, authorizing a grant to California of the" Y"osemite

Valley" and land embracing the "Mariposa Big Tree Grove" ________

Act of October 1, 1890, setting apart certain tracts of land in California

as forest reservations_ _________________- - - --- - - - - - - -- - - -- - --- Act of July 23, 1914, amending act of October 1, 1890, setting apart certain tracts of land in California as forest reservations_ _ __ _ _ _ __ _

-

__ _ __

Act of July 18, 1892, granting to Mariposa County, California, right of

way for free wagon road across Yosemite National Park_____________

Excerpt from Sundry Civil Act of June 6, 1900, authorizing the Secretary

of War to detail troops for the protection of Yosemite, Sequoia, and

General Grant National Parks_ _________-

_

- - ~- -- - - - -- - --- -- --- - - -- Act of February 15, 1901, relating to rights of way through certain parks,

reservat.ions, and other public lands_ ____________-- - -- -- -- - - - - - - - -- Excerpt from Sundry Civil Act of April 28, 1904, directing examination

into conditions in Yosemite Park to ascertain what portions of park

lire not necessary and where a road from park boundary to Yosemite

Valley grant can be built___ ________-- -- --- -

-. - - -- --- -- - -- - - ------

Act of February 7, 1905, excluding certain lands from Yosemite National

Park and including said lands in the Sierra Forest Reserve ------- Act of Legislature of California, approved March 3, 1905, regranting to

the United States the Yosemite Valley and land embracing the" Mariposa Big Tree Grove"___________________________________________

Joint Resolution of June 11, 1906, accepting recession by California of

Yosemite Valley grant and Mariposa Big Tree Grove and including

same, with certain other land, within Yosemite National Park, and

changing the boundaries thereoL ____

- - - -

__

- -

__ __ ___ ___ __ n

---- Act of April 9, 1912,. authorizing the Secretary of the Interior to secure

title to patented lands in the Yosemite National Park_______________

Act of April 16, 1914, amending act of April 9, 1912, authorizing the

Secretary of the Interior to secure title to patented lands in the Yosemite

National Park_ _________- - - - - - -- -- - - - - - - - - - -- - -- - - ----- Excerpt from Sundry Civil Act of June 23, 1913, authorizing the granting

of a lease for construction of a hotel and buildings in connection therewith in the Yosemite National Park__----- ---- -- --- ---------------

Act of December 19, 1913, granting to city and county of San Francisco

certain rights of way over certain public lands, Yosemite National Park,

and Stanislaus National Forest_ _- -

_

-- -- - --- - -- - - -- - - --------- Act of May 13, 1914, consolidating certain forest lands in Sierra National

Forest and Yosemite National Park_ -- - - -- -- -- - -- - -- -- - - - - -- - - - --- Excerpt from Sundry Civil Act of July 1, 1916, authorizing acceptance of

patented lands and rights of way in Yosemite National Park that may

be donated for park purposes_ -- -- -- -- -- - -- - -- - -- - - - -- -- - - - - - - - --- Act of Legislature of California, approved April 15, 1919, ceding to the

United States exclusive jurisdiction over Yosemite National Park_____

Act of June 2, 1920, accepting cession by California of exclusive jurisdiction of lands embraced within the Yosemite, Sequoia, and General

Grant National Parks_ ______ -- -- -- -- -- - -- ------------

Act of May 28, 1928, authorizing the acquisition of certain patented land

adjoining Yosemite National Park boundary by exchange____________

Act of March 2, 1929, providing for preservation and consolidation of

certain timber stands along the western boundary of Yosemite National Park____________________._____________________________--------

Ac~oo;e~:! J~tf:;~i p~~;~~i~~_ ~~~

_t_~e_~_d_~i~~O_~ _~f_~~~t_a!~_~~ _~_~~~

Excerpt from Interior Department appropriation act of February 14,

1931, providing for acquisition of privately owned lands within national

parks and monuments and for an addition to Yosemite National Park

by proclamation_ _ _ _ ___n ---------- --------- 63

64

64

66

67

68

68

69

69

71

72

75

76

77

77

90

92

92

92

98

99

99

99
64 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

An Act Authorizing a grant to the State of California of the" YoSemite Valley," and of the land embracing the H Mariposa Big

Tree Grove," approved .Tune 30, 1864 (13 Stat. 325)

The.;'~~.. Be it enacted b1/ the Senate and House of Repre-

~~~.t~ toe6ali_sentatives of the United States of .America Vn Oongre8S forma. a8sem,bled, That there shall be, and is hereby, granted to

the State of California the" cleft" or "gorge" in the

granite peak of the Sierra Nevada Mountains, situated

in the county of Mariposa, in the State aforesaid, and

the headwaters of the Merced River, and known as the

Yo-Semite Valley, with its branches or spurs, in estimated length,fifteen miles, and in average width one mile

back from the main edge of the precipice, on each side

00mJitior.sof of the valley, with the stipulation, nevertheless, that the grant. said State shall accept this grant upon the express conditions that the premises shall be held for public use,

resort, and recreation; shall be inalienable for all time j

but. leases not exceeding ten l

eal'S may be granted for

Leasesandin- portions of said premises. 11 incomes derived from

come therefrom. f

. .

b d

.

leases 0 prIvIleges to e expen ed in the preservatIOn

and improvement of the property, or the roads leading

::~~~::

bowth~reto; the bounda:ies to be established at the cost ~f

.

saId State by the Umted States surveyor-general of California, whose official plat, when affirmed by the Commissioner of the General Land Office, shall constitute the

evidence of the locus, extent, and limits of the said cleft

(Amended by

or gor ge ., the Premises to be mana ged by the !lovernor vol. 34, p. 831. ~

Seep.72.) of the State with eight other commissioners, to be appointed by the executive of California, and who shall

receive no compensation for their service~.

SEC. 2. .And be it fwrther enacted, That there shall likewise be, and there is hereby, granted to' the said State of

California the tracts' embracing- what is known as the

"Mariposa Big Tree Grove," not to exceed the area of

four sections, and to be taken in legal subdivisions of one

~~t10D8 of quarter section each, with the like stipulation as expressed in the first section of this act as to the State's

acceptance, with like conditions as in the first section of

this act as to inalienability, yet with same lease privilege j

the income to be expended in preservation, improvement,

and protection of the property j the premises to be managed by commissioners as stipulated in the first section

of this act, and to be taken in legal subdivisions as aforesaid j and the officialplat of the United States surveyorgeneral, when affirmed by the Commissioner of the General Land Office, to be the evidence of the locus of the

said Mariposa Big Tree .Grove. (U.S.C., title 16, sec. 48.)

"Mariposa Big

Tree Grove H

granted to

California.

An Act To set apart certain tracts of land in the State of California as forest reservations, approved October 1, 1890(26 Stat. 650)1

f.0restc~ Be it enacted b'!J the Senate and House of Representa-

~~cIa~~ tl1Jes of the United States of .America in Oongress a8sem1 Secs. 1 and 2 of this act pertain to the Yosemite National Park, while

Sec. 3 sets apart General Grant National Park, and also a portion of

Sequoia National Psrk.
LEGISLATION RELATING TO NATIONAL PARKS 65

bled, That the tracts of land in the State of California

known and described as follows: Commencing at the

northwest corner of township two north, range nineteen

east :Mount Diablo meridian, thence eastwardly on the line

between townships two and three north, ranges twentyfour and twenty-five east; thence southwardly on the line

between ranges twenty-four and twenty-five east to the

Mount DiabLo base line; thence eastwardly on said. base

line to the corner to township one south, ranges twentyfive and twenty-six east; thence southwardly on the line

between ranges twenty-five and twenty-six east to the

southeast corner of township two south, range twentyfive east; thence eastwardly on the line between townships two and three south, range twenty-si.x east to the

corner to townships two and three south, ranges twentysix and twenty-seven east; thence southwardly on the line

between ranges twenty-six and twenty-seven east to the

first standard parallel south; thence westwardly on the

first standard parallel south to the southwest corner of

township four south, range nineteen east; thence northwardly on the line between ranges eighteen and nineteen

east to the northwest corner of township two south, range

nineteen east; thence westwardly on the line between

townships one and two south to the southwest corner of

township one south', range nineteen east; thence northwardly on the line betw~e}l ranges eig:hteen and nineteen

east to the northwest corner of townshIp two north, range

nineteen east, the place of beginning, are hereby reserved

and withdrawn from settlement, occupancy, or sale up del'

the laws of the United States, and set apart as reserved

forest lands' and all , Persons who shall locate or settle Withdrawnfrom . settlement, Ptc.

upon, or occupy the same or any part thereof, except as Trespassel'L

hereinafter provided, shall be considered trespassers and

removed therefrom: Provided, however, That nothing in Provi4o.

this act shall be construed as in anywise affecting the

grant of lands made to the Stat~ of California by virtue

of the act entitled, "An act authorizing a grant to the

State of California of the Yosemite Valley, and of the Gra?t°V

f

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o,

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.

h

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f ' B ' T G d

sem.te a ey an em raemg t e.n anposa Ig- ree rove, approve andMariposa

June thirtieth, eighteen hundred and sixty-four; or, as ::~,~~~ve.

affecting any bona-fide entry of land made within the Vol.18,p. 826.

limits above described under a.ny law of the United States ~~~fti3e4'Prior

prior to the approval of this act. :~~~.DOt

SEC. 2. That said reservation shall be under the exISecre~ry 0

ba I

' " ' t I f h S f h I

.. h

nterior to ve C USlVe con root e ecretary 0 t e nterlOr, w Ose control.

duty it shall be, as soon as practicable. to make and

publish such rules and regulations as he nlay deem neces- UeguIatioDB.

sary or proper for the care and management of the same.

Such regulations shall provide for the preservation from ~reservationof

injury of all timber, mineral deposits, natural curiosities, (]mber.etc.

or wonders within said reservation, and their retention

in their natural condition. The Secretary may, in his B IIdlng1

discretiont grant leases for building pnrp9ses for terms et~, ea&e8,

not exceeding ten years of small parcels of ground not ~:I~~~~~.~4.

)
66 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Seep. 66below.)exceedinO' five acres' at such [

(Amendedby laces in said reservation b.'. . .

vol. '0, p. 1118,as shall reqUire the erectIOn 0 bUIldmgs fo'r the accomas amended. d

.

f

. .

11 f h d f

.

Seep.]2.) mo atlOn 0 vIsItors; a 0 t e procee s 0 saleases d 1

Distributionof proceeds. and other revenues that may be derived from any source

connected with said reservation to be expended under his

direction in the management of the same and the con- PrelleTVation of

fish and game. struction of roads an d Path s therein. He shall Provide

against the wanton destruction of the fish, and game

found within said reservation, and against their capture

or destruction, for the purposes of merchandise or profit.

Removalof tres-He shall also cause all

E

ersons tres p assin g UI

)

passers, etc. ~ . on the same

.

after the passage of t IS act to .be removed therefrom,

and, generally, shall be authorized to take all such measures as shan be necessary or proper to fully carry out

the objects and purposes of this act. (U.S.C., title 16,

sec. 55.)

?:~ve:dla:sdsf~:;~tSEC. 3. There shall also be and is hereby reserved and

lands. withdrawn from settlem'ent, occupancy, or sale under the

laws of the United States, and shall be set apart as reserved forest lands, as hereinbefore provided, and subject

to all the limitations and provisions herein contained, Descriptions. the following additional lands, to wit: Township seventeen south, range thirty east of the Mount Diablo meridian, excepting sections thirty-one; thirty-two, thirtythree, and thirty-four of said township, included in a

previous bill. And there is also reserved and withdrawn

from settlement, occupancy, or sale under the laws of the

United States, and set apart as forest lands, subject to

like. limitations, conditions, and provisions, all of townships fifteen and sixteen south, of ranges twenty-nine

and thirty east of the Mount Diablo meridian. And

there is also hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United

States, and set apart as reserved forest lands under like

limitations, restrictions, and provisions, sections five and

six in township fourteen south, range twenty-eight east of

Mount Diablo ,meridian, and also sections thirty-one and

thirty-two of township thirteen south, range twentyLimituponcon.eight east of the same meridian. Nothing in this act

~racta,Fendl. shall authorize rules or contracts touching the protecures. e c. tion and improvement of said reservations, beyond the

Sums that may be received by the Secretary of the Interior under the foregoing provisions, or authorize any

charge against the Treasury of the United States.

Yosemite National Park,

Call!.

An Act To amend an Act approved October first, eighteen hundred

and ninety, entitled "An Act to set apart certain tracts of land

in the State of California as forest reservations," approved J'uly

23, 1914 (38 Stat. 554)'

Be it enaeted by the Senate and House of Representatives of the United States of America in Oongress assembled, That the Secretary of the Interior is hereby

'Amends 26 Stat. 6M. See p. 64.

t.
LEGISLATION RELATING TO XATIONAL PARKS 67

.authorized. and empowered to grant leasei'!, for periods of ~tdf p~~d

not exceedmg twenty years, at. annual rentals, and under poses,etc., au.

terms and conditions to be determined by him, to any l~O~:"~~by 81

person, corp?ratio~, or compan~ he m~y authorize to :~~d~~~'sa:e

transact busmess m the YosemIte N atlOnal Park, for pp.9-12.)

separate tracts of land, not exceeding twenty acres each,

at such places, not to exceed ten in number, to any person, Vol.26,p.650.

t

. . .

d k tl f t I

Seep. 6f.

corpora .Jon, or company m sal par, as Ie com or ane

convenience of visitors may require, for the construction

.and maintenance of substantial hotel buildings and bhild- NumberUmlted.

ings for the protection of motor cars, stages, stock and

equipment, and so forth. Such leases may, at the option

of the Secretary of the Interior, contain ap'propriate pro- ~fc~ra~:m~.

visions for the appraisement, at the expmltion of the nation.

lease, of the value of such hotel and other buildings (or

portions thereof) as may be constructed by the lessees,

respectively, and the payment of the same to the lessees

in case a new lease be made to persons other than said

lessees, such payments to be made by such new lessees,

respecti vely.

That any person or corporation or company holding a ~~

lease or leases within said park for the purposes above ow

described is hereby authorized, with the approval of the

Secretary of the Interior, to execute mortgages upon hi::;

or its rights and properties, including his or its_contract

or contracts with the Secretary of the Interior; such

mortgages shall be executed in duplicate and delivered to

the Secretary of the Interior for his approval, and upon

his approval thereof he shall retain one of said duplicates

and file the same for record in" his office.

Any mortgage, lien, or encumbrance created under the subjectto lease..

provisions hereof shall be subject to the rights of the

Government to compel the enforcement of the terms of

the lease or contract of the mortgagor, and any purchaser

under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee

or contractor. (U.S.C., title 16, sec. 55.)

All provisions of existing law in relation to said park NODCOn1Uctlng

. ed fl.

h

.

th h b t

.

d

.

f 11 f

Jaws contlnu .

not m con lct ereWI. are ere y con mue m u orce

and effect.

An Act Granting to the county of Mariposa, in the State of California, the right of way for a free wagon road or turnpike aCI'OSS

the Yosemite National Park, in said State, approved J"uly 18,

1892 (27 Stat. 235)

Be it enacted. by the Senate and. House of Representa- YosemitePart,

tives of the Unit~ States of America in Oongre8s asCalif.

sembled., That there is hereby granted to the county of

Mariposa, in the State of California, a right of way, not Rightof

~ exceeding one hundred feet in width, on that portIOn of ~r~r1::S:

the Yosemite National Park, in said State, commencing County.

near the sob.thwest corner of said national park as now

established and running from thence to the Merced River,

,thence across same, to the western boundary line of the
68 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Completion.

Yosemite Valley grant to a junction with the Coulterville

Freewagonroad.road" for the purpose of constructing a free wagon road

or turnpike leading from the town of Mariposa, in said

county and State, to the Yosemite Valley, upon the express condition that the said road shall be completed in

five years from the passage of this act.

Nonliabilltyof SEo.2. That the United States shall in no wise be liable UnitedStates. for any expense, at any time, on account of the building

of said free wagon road or turnpike, Or for keeping the

same in repair, and if the said ~ad should be forfeited

or abandoned, or cease to be free of toll, the land covered

by the right of way shall revert to the United States if

the land over which it ran is kept for park purposes, or

if sold, to the owners of the land through which the road

runs, or whose property abuts the same.

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30,

1901, and for other purposes," approved June 8, 1900 (31 Stat.

818)

Protectionof Be- The Secretary of War, upon the request of the Secre-

:diaG~~~:rite. tary of the Interior, is hereafter authorized and directed

Grant~~~ to make the necessary detail of troops to prevent tres- parks. or a.

passers or intruders from entering the Sequoia National

Park, the Yosemite National Park, and the General

Grant National Park, respectively, in California, for the

purpose of destroying the game or objects of curiosity

therein, or for any other purpose prohibited by law or

regulation for the government of said reservations, and

to remove such persons from said parks if found therein.

(U.S. C., title 16, sec. 78.)

Reyersion.

An Act Relating to rights of way through certain parks, reservations, arid other public lands, approved February 15, 1901 (31

Stat. 790)

Publiclands. Rights Be it enacted by the Senate and Howe of Representa- of way .

f h U

. ~

s fA . .

t!>roughreserva-t'tves 0 t e. n'lteu tates 0 me1'Zca ~n 0 ong1'ess a8sem-

::'~ri;;J~" au- bled, That the Secretary of the Interior be, and hereby is,

~~enf:i3 by 86authorized and empowered, under general regulations to

~

8; and by see be fixed by him. to permit the use of rights of way

p~~;tA:a~;r through the public lands, forest and other reservations

~r~~~: mg: of the United Sta~es, and the Y o.semi~e, Sequoia, I;1nd

as amendedby General Grant natIOnal parks, Cahforma, for electrIcal

41 Stat. 1853 1 t 1 d 1

.

f th t

.

d d

.

t

.

Seep. 4.)' b

.

P an s, po es, an lnes or e genera IOn an IS rI ution of electrical power, and for teleJ?hone and telegraph

purposes, and for canals, ditches, pIpes and pipe lines,

flumes, tunnels, or other water conduits, and for water

plants, dams and reservoirs used to promote irrigation

or mining or quarrying, or the manufacturing or cutting

of timber or lumber, or the supplying of water for domestic, public, or any other beneficIal uses to the extent of the

ground occupied by such canals, ditches, flumes, tunnels,

reservoirs, or other water conduits or water plants, or

'See Solicitor's Opinion of June 6. 1932 (Y. 27036).
LEGISLATION RELATING TO NATIONAL PARKS 69

electrical or other works permitted hereunder, and not to

exceed. fifty feet on each side of the marginal limits - width, etc.

thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph,

and telephone lines and poles, by any citizen, assocIation,

or corporation of the United States, where it is intended

by such to exercise the use permitted hereunder or any

one or more of the purposes herein named: Provided, Protluo'i f

That such permits shall be allowed within or through any ~~~y;.a

0

of said parks or any forest, military, Indian, or other

reservation only upon the approval of the chief officer of

the department under whose supervision such park or

reservation falls and upon a finding by him that the same

is not incompatible with the public interest: Provided

1'II.rther, That all permits given hereunder for telegraph TeI~h, etc.,

and telephone purposes shall be subject to th~ provision peruu

of title sixty-five of the Revised Statutes of the United

States, and amendments thereto, regulating rights of way

for telegraph companies over the public domain: And

promaed further, That any permissIOn given by the Secretary of the Interior under the provisions of this act

may be revoked by him or his successor in his discretion, ::mittlon -of

and shall not be held to confer any right, or easement, or

interest in, to, or over any public land, reservation, or

park. (U.S.C., title 16, sec. 79.)

Excerpt from "An Act Making appropriations for sundry civil expenses cf the Government for the fiscal year ending June 30,

1905, and for other purposes," approved April 28, 1904 (33 Stat

487)

The Secretary of the Interior is hereby directed to YosemitePark.

. .

to h d't' d ' t t'

,

h U ' ted

Report on reduc- eXamIne ill t e con 1 IOns an SI ua IOns In t e nl Ingarea,etc.

States Yosemite Park in the State of California for the ~g~ :,36~ta~.

purpose of ascertaining what portions of said park are low,)

not necessary for park purposes but can be returned to

the public domain, and also at what place a good and

substantial road can be built from the boundary of said

park to the Yosemite Valley gra'nt, including the length

a.nd cost of the same; and for the purposes of said examination the sum of three thousand dollars is hereby appropriated, to be immediately available.

An Act To exclude from the Yosemite National l'ark, California,

certain lands therein described, and to attach and include the

said lands in the Sierra Forest Reserve, approved February 7.

1905 (33 Stat, 702)

Be it enacted by the Senate and House of Representati'ves of the United States- of America in Oongress assemb.led, That the tracts of la.nd in the State of California.

known and described as follows: Beginning at the point ft~:rl~ear~awhere the middle of the channel of the South Fork of the ~a~f.f t Merced River intersects the line between sections three ta':,h.J'toa

Sierra

and four, township four south, range twenty east, Mount ~~~to~':~"es.

Diablo base and meridian; thence northerly alon~ section lines through the middle of townships three and
70 LAWS }'OR NAT. PARK SERVICE, PARKS, & MONUMENTS

four south, range twenty east, to the northwest corner of

section three, township three south, range twenty east;

thence westerly along township line to the southwest

corner of section thirty-three, township two south, range

twenty east; thence northerly along section lines to the

northwest corner of section twenty-one, said township:

thence westerly along section lines to the southwest corner of section eighteen, said township; thence southerly

along range line to the southeast corner of the northeast

quarter of section twenty-four, township two south, range

nineteen east; thence westerly to the southwest corner of

the northeast quarter of section twenty-four, said township; thence southerly to the southeast corner of the

southwest quarter of section twenty-four, said township;

thence westerly along section lines to the southwest corner of section twenty-three, said township; thence northerly along section lines to the northwest corner of the

southwest quarter of section fourteen, said ~ownship;

thence easterly to the northeast corner of the southeast

quarter of section fourteen, said township; thence northerly along section line to the northwest corner of section

thirteen, said township; thence easterly along section line

to the northeast corner of section thirteen, said township; thence northerly along range line to the northwest

corner of the southwest quarter of section seven, township two south, range twenty east; thence easterly to the

northeast corner of the southeast quarter of section seven,

said township; thence southerly along section line to the

northwest corner of section seventeen, said township;

thence easterly along section lines to the northeast corner

of section sixteen, said township; thence northerly along

section lines to the northwest corner of section three, said

township; thence westerly along township line to the

southwest corner of section thirty-three, township one

south, range twenty east; thence northerly along\section

lines to the northwest corner of section twenty-one, said

township; thence westerly along section lines to the

southwest corner of sectIOn eighteen, said township;

thence northerly ,along range line to the northwest corner of section six, said township; thence westerly along

Mount Diablo base line to the southwest COrner of section thirty-four, township one north, range nineteen east;

thence northerly along section lines through the middle

of townships one and two north, range nineteen east, to

the point of intersection with the summit of the divide

between Cherry Creek on the west and Eleanor and Fall

creeks on the east; thence along the summit of said divide

in a northeasterly direction to the s.ummit of the Sierra

Nevada Mountains; thence southeasterly along the summit of the Sierra Nevada Mountains to the divide between the Me:r:,cedand San Joaquin rivers; thence southwesterly along said divide to the {Joint of intersection

with the south boundary of townshIp four south, range

twenty-three east, Mount Diablo baSe and 'meridian;
LEGISLATION RELATING TO NATIONAL PARKS 71

thence westerly along township line to the point of intersection with the middle of the channel of the South Fork

of the Merced River; thence westerly down the middle of

sa.id river to the place of beginning, are hereby reserved

and withdrawn from settlement, occupancy, 0.1'sale under

the laws of the United States, and set apart as reserved

forest lands, subject to all the provisions of the act of

v I 26 Congress approved October first, eighteen hundred and s~: p.6t 660.

ninety, entitled "An act to set apart certain tracts of

land in the State of California as forest reservations": PrIIlIo Provided, That all those tracts or parcels of land de- Re~aln~'ermade

scribed in section one of the said act of October first, ~~~~fR~~':.

eighteen hundred and ninety, and not included within

the metes and bounds of the land above described, be

and the same are hereby, included in and made part of

the Sierra Forest Reserve: A.nd provided further, That.

the Secretary of the Interior may require the payment of

such price as he may deem proper for privileges on the

land herein segregated .from the Yosemite National Park

and made a part of the Sierra Forest Reserve accorded

under the act approved February fifteenth, nineteen hundred and one, relating to rights of way over certain ~i~ht;lofwa~90

parks, reservations, and other lands, and other acts con- Se~p.68.p. .

cerning rights of wa~Tover public lands; and the moneys

received from the prIvileges accorded on the lands herein ~g~~~:e~ to

!':egrr,Q'ated and included in the Sierra Forest Reservl~ ~o~~mlttpk

shall'be paid into the Treasury of the United States, to be a }Dna ar.

expended, :undel' the direction of the Secretary of the

Interior, in the management, improvement, and protection of the foref.t lands herein set aside and reserved,

which shall hereaft~r be known as the" Yosemite

National Park." (U.S.C., title 16, sec. 46.)

SEC. 2. That none of the lands patented and in private Pri!ateIandaID.

h

. .

h h b

.

d S

. subject to forest owners lp m t e area ere y mclu ed in the lerra For- reservelaw.. etc.

est Reserve shall have the privileges of the lieu-land

scrip provisions of the land laws, but otherwise to be in

all respects under the laws and regulations affecting the

forest reserves, and immediately upon the passage of this

act all laws, rules, and regulations affecting forest reservations, including the right to change the boundaries

thereof by Executive proclamation, shall take effect and

be in force within the limits of the territory excluded by

this act from the Yosemite National Park, except as

Iwrein otherwise provided.

SEC. 3. That this act shall take effect and be in force

from and after its passage.

Act of Legislature of California, approved Maroh 3, 1905, regranting to the United States of America the Yosemite Valley and the

land embracing the" Mariposa Big Tree Grove" (Statutes of

California, 1905, p. 54)

The people of tlw State of Oalifornia do enact as

follows:

SECTION 1. The State of California does hereby recede

8.nd regrant unto t.he United States of America the" cleft"
72 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

or "gorge" in the granite peak of the Sierra Nevada

Mountains, situated in the county of Mariposa, State of

California, and the headwaters of the Merced River, and

known as the Yosemite Valley, with its branches and

spurs, granted unto the State of California in trust for

public use, resort, and recreation by the act of Congress

entitled "An act authorizing a grant to the State of

California of the Yosemite Valley and of the land embracing the Mariposa Big Tree Grove," approved June

thirtieth, eighteen hundred and sixty-four; and the State

of California tiloes hereby relinqmsh unto the United

States of America and resign the trusts created and

granted by the said act of Congress.

SEC. 2. The State of California does hereby recede and

regrant unto the United StateS of America the tracts embracing what is known as the" Mariposa Big Tree

Grove," granted unto the State of California in trust

for public use, resort, and recreation by the act of Congress referred to in section one of this act, and the State

of California does hereby relinquish unto the United

States of America and resign the trusts created and

granted by the said act of Congress.

SEC. 3. This act shall take effect from and after acceptance by the United States of America of the recessions and regrants herein made, thereby forever releasing

the State of California from further cost of maintaining

the said premises, the same to be held for all time by the

United States of America for public use, resort, and

recreation, and imposing on the United States of America the cost of maintaining the same as a national park:

P?'ovided, however, That the recession and regrant hereby

made shall not affect vested rights and interests of third

persons.

loint Resolution accepting the recession by the State of California

of the Yosemite Valley grant and the Mariposa Big Tree Grove,

and including the same, together with fractional sections five

and six, township five south, range twenty-two east, Mount

Diablo meridian, California, within the metes and bounds of the

Yosemite National Park, and changing the boundaries thereof,

approved lune 11, 1906 (34 Stat. 831)'

Y08dllI~Val1:t:r Resolved by tM Se1Wte aruJ House of Represen.tatives

T~~MGro~sa of the United States of America in Oongress assembled,

~:Jiio'~':aof:,~ That the recession and regranting unto the United States

Unltedd. States by the State of California of the cleft or gorge in. the

~':;"ed asfor- granite peak of the Sierra Nevada Mountains, situated

~~I.lfs~p.~~. In the county of Mariposa, St8;te of California, and the

Be p.6'. headwllters of the Merced RIver, and known as the

Yosemite Valley, with its branches or spurs, gr,anted unto

the State of California in trust for public use, resort, and

recreation by the act of Congress entitled "An act. au-

'The wordlnA" of the bll\ Introduced In the House of Representatives, providing for the acceptance of the recession as Indicated In the above

title, was struck out In the Senate, and the bllI as passed carried an appropriation without accepting the recession of Yosemite Valley and Mariposa

Big Tree Grove.
LEGISLATION RELATING TO NATIONAL PARKS 73

thorizing a grant to the State of California of the

Yosemite Valley and of the land embracing the Mariposa

Big Tree Grove," approved June thirtieth, eighteen hundred and sixty-four (Thirteenth Statutes, page three

hundred and twenty-five), as well as the tracts embracing what is known as the" Mariposa Bill; Tree Grove,"

likewise granted unto the State of California by the

aforesaid act of Congress, is hereby ratified and accepted,

and the tracts of land embracing the Yosemite V alley

and the Mariposa Big Tree Grove, as described in the act

of Congress approved June thirtieth, eighteen hundre~

and sixty-four, together with that part of fractional sections five and six, township five south, range twenty-two

east, Mount Diablo meridian, California, lying south of

the South Fork of Merced River and almost wholly between. the Mariposa Big Tree Grove and the south boundary of the Yosemite National Park, be, and the same are

hereby, reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States and

set apart as reserved forest lands, subject to all the

limitations, conditions, and provisions of the act of Congress approved October first, eighteen hundred and Vol.26.p. 660.

ninety, entitled" An act to set apart certain tracts of Seep.64.

land in the State of California as forest reservations,"

as well as the limitations, conditions, and provisions of

the act of Congress approved February seventh, nineteen

hundred and five, entitled "An act to exclude from the VoLsS."p.'102.

Yosemite National Park, California, certain lands therein Seep.69.

described, and to attach and include the said lands in the

Sierra Forest Reserve," and shall hereafter form a part

of the Yosemite National Park. (U.S.C., title 16,

sec. 48.)

The south and west boundary lines of the Yosemite ~~=:f Park.

National Park are hereby changed as follows: Be~inning Bh'unddries

at the point on the line between sections thirty-nve and D=;;'itOD,

thirty-six, township four south, range twenty-one east2

where the same intersects the middle of the channel ot

the South Fork of the Merced River; thence north on

section line to the southwest corner of section twentyfive; thence west on section lines to the southwest corner

of section twenty-eight; thence north on section line to

the northwest corner of section twenty-eight; thence west

on section line to the quarter-section corner between sections twenty and twenty-nine; thence north throull;h the

middle of section twenty to the center thereof; thence

east through the middle of section twenty to the quartersection corner between sections twenty and twenty-one;

thence north on section line to the quarter-section corner

between sections sixteen and seventeen; thence west

through middle of section seventeen to the center thereof;

thence north through the middle 'of sections seventeen,

eight, and five to the quarter-section corner of north

boundary of section five on township boundary, all in
74 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

township four south, range twenty-one east; thence north

through the middle of section thirty-two, township three

south, range twenty-one east, to the center thereof; thence

west through the middle of section thirty-two, said town.

ship, and section thirty-six, township three south, range

twenty east, to the quarter-section corner between sections thirty-five. and thirty-six; thence north on section

line to the quarter-section corner between sections twentyfive and twenty-~ix; thence east through the middle of

section twenty-five to the center thereof; thence north

through the middle of sections twenty-five and twentyfour to the center of section twenty-four; thence west

through the middle of sections twenty-four, twenty-three,

and twenty-two to the quarter-section corner between

sections twenty-one and twenty-two, township three south,

range twenty east, on the present western boundary of

La:dae:cludrf

r

the Yosemite National Park. And all that portion of

~?erI~aF~~ 0

the Yosemite National Park lying between the boundary Reserve. line last above mentioned and the present boundary line

of said national park is excluded from said park; and

the said lands so excluded, and all thereof, are added to

and made a part of the Sierra Forest Reserve, and shall

hereafter form a part of said Sierra Forest Reserve, and

shall be subject to all of the acts of Congress with rela-

~~~:i for tio~ thereto: P,,:O'Vided, That the Secretar.y of the In- ~rivilegea. terlOr may reqmre the payment of such prIce as he may

s~lg.36~.p. 790.deem proper for privileges on the land herein segregated

Rii1rJad!wayto from the Yosemite National Park and made a part of

Reatricti~n. the Sierra Forest Reserve i accorded under the act approved February fifteenth, nineteen hundred and one,

relating to rights of way over certain parks, reservations,

and other lands, and other acts concerning rights of way

over public lands: And provided fwrthe1', That in the

grant of any right of way for railway purposes across the

lands placed under this measure within the Sierra Forest

Reserve it shall be stipulated that no logs or timber shall

be haul,M over the same without the consent of the

Secretary' of toe Inter!or, and under regulations to be

promulgated by him. (U.S.C., title 16. sec. "1:7.)

SEC. 2. That none of the lands patented and in private

ownership in the area hereby included in the Sierra Forest Reserve shall have the privileges of the lieu-land scrip

provisions of the land laws, but otherwise to be in all

respects under the laws and regulations affecting the

forest reserves, and immediately lipon the passage of this

act all laws, rules, and regulations affecting forest reservations, including the right to change the boundaries

thereof by Executive proclamation, shall take effect and

be in force within the limits of the territory excluded by

this act from the Yosemite National Park, except as

herein otherwise provided. (U.S.C., title 16, sec. 49.)

Revenuesex. SEC. 3. That all revenues derived from privileges in the

=:~:~:a,~"c. park authorized under the act of October first, eighteen

Patented lands,

etc.
LEGISLATION RELATING TO NATIONAL PARKS 75

hundred and ninet y the act of Februarv seventh nine- Vol.!8,p.860.

l' '

J

- .

'

Sl't!p. 84.

teen hundred and nve, as well as under thIS measure, or Vol.88, p. TOI.

from privileges accorded on the lands herein segregated ~R';eat":iby 48

from said park and included within the Sierra Forest S~f.J°28,~t

Reserve, shall be paid into the Treasury of the United ~vered;:

States, to be expended under the direction of the Secre- ~~~'~6,!:I:~e it.

tary of the Interior in the management, protection, and ~90,~:)ended.

improvement of the Yosemite National Park. (U.S. C., ee p. .

title 16, sec. 50.)

A,n Act To authorize the Secretary of the Interior to secure for the

United States title to patented lands in the Yosemite National

Park, kDd for other purposes, approved April 9, 1912 (37 Stat. 80)

Be it enacted by the Senate and HmuJe of Representatives of the United States of .America in Oongress

assembled, That the Secretary of the Interior for the

p~rpose of eliminating private holdings within the

Yosemite National Park and the preservation intact of YN

08!!'1' nal

lte

h 1

.

b 1 th d

.

th .

t

. at)o Park

t e natura hm er a ong e roa SIn e sceDlc por IOns Exchangeoftimof the park, both on patented and park lands, is hereby r:~~o~u:r:.te

empowered, in his discretion, to obtain for the' United Vol.84,p. 831.

States the complete tItle to any or all of the lands held ~~J,;,?d~by 38

in private ownership within the boundaries of said park, s~~ )846. See

by the exchange of decayed or matured timber, that can ~reaervationof

be removed from such parts of the park as will not affect ~~b~l~':J..

the scenic beauty thereof, for lands of equal value held in

private ownership therein, and also, in his discretion, to

exchange for timber standing near the public roads on

patented land.s timber of equal value on park lands in

other parts of the park. (U.S.C., title 16, sec. 51.)

SEO. 2. That the value of patented lands withm the Determinationot

park offered in exchange, and the value of the timber on

value&.

park lands proposed to be given in exchange for such

patented lands, shall be ascertained in such manner as the

Secretary of the Interior may, in his discretion, direct,

and all expenses incident to ascertaining such values shall

be paid by the owners of said patented lands, and such

owners shall, before any exchange is effective, furnish the

Secretary of the Interior evidence satisfactory to him of

title to the patented lands offered in exchange, and if the

value of the timber on Park lands exceeds the value of the PaY'!lenttortim-

. ber 1Dexcess ot patented lands deeded to the Government m the exchange valueotland.

such excess shall be paid to the Secretary of the Interior

by the owners of the patented lands before any of the

timber is removed from the park, and shall be deposited

and covered into the Treasury as miscellaneous receipts.

The same course shall be pursued in relation to exchange

for timber standing near public roads on patented lands

for timber to be exchanged on park lands: Provided,

That the lands conveyed to the Government under this f:0':o. ddd t

Act shall become a part of the Yosemite National Parle pa~k.a e 0

(U.S.C., title 16, sec. 52.)
76 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Regulations for

cutting and

removal.

SEC. 3. That all timber must be cut and removed from

the park under regulations to be prescribed by the Secretary of the Intenor, and any damage which may result

to the roads or any part of the park in consequence of

the cutting and removal of the timber from the reservation shall be borne by the owners of the patented lands,

and bond satisfactory to the Secretary of the Interior

must be given for the payment of such damages, if any,

as shan be determined by the Secretary of the Interior.

(U.S. C., title 16, sec. 53.)

Baleofmatured. SEC. 4. That the Secretary of the Interior may also

=k.

timberin sell ana permit the removal of such matured or dead or

down timber as he may deem necessary or advisable for

the protection or improvement of the park, and the proceeds derived therefrom shall be deposited and covered

into the Treasury as miscellaneous receipts. (U.S.C.,

title 16, sec. 54.)

An Act To amend section one of an Act of Congress approved April

ninth, nineteen hundred and twelve (Thirty-seventh Statutes,

page eighty), entitled "An Act to authorize the Secretary of the

Interior to secure for the United States title to patented lands in

the Yosemite National Park, and for other purposes," approved

April 16, 1914 (38 Stat. 345)

Be it enacted by the Senate ([IndH01lse of Rep1'esentatives of the United States of Amc1-icain Congress assembled, That section one of an Act of Congress approved April ninth, nineteen hundred and twelve

Y08!""lte (Thirty-seventh Statutes, page 80), entitled "An Act to

~:m~nalPark. authorize the Secretary of the Interior to' secure for the

~~n::c!.P's::' Uni~ed States title to patented lands in the Yosemite p.75. - N atIQnal Park, and for other purposes," be, and the

same IS hereby, amended to read as follows: Exchangeoftimher, etc.. tor "SECTION 1. That the Secretaries of the De p artments acquiringp!ivateof Interior and Agriculture, for the purpose of eliminatlanda. ing private holdings within the Yosemite National Park

and to preserve intact timber along and adjoining the

roads in the scenic portion of the park on patented lands,

are hereby empowered in their discretion to obtain and

accept for the United States a complete title to any and

all patented lands within the boundaries of said park by

the exchange 'of timber or timber and lands within the

Yosemite National Park and the Sierra and Stanislaus

National Forests for such lands and the timber thereon

within the park, necessary conveyances of park and

E cha f

national forest timber or timber and lands to be made by

p:tent:ela~~In said secretaries, respectively. That the secretaries of the-

~~~~a~dNa. said departments may, and are hereby author.ized to, ac- tlonal~'orests. quire title in fee by the exchange of lands of the United

States for patented lands not exceeding six hundred and

forty acres in the Sierra and Stanislaus Nat-ional Forests, adjacent and contiguous to the Yosemite National.

Park, and when such patented lands are thus acquired.
LEGISLATION RELATING TO NATIONAL PARKS 77

said lands shall become a part of the Yosemite National

Park and be subject to all the provisions of the Act of

October first, eighteen hundred and ninety, entitled 'An ::e\>.2:;..

p. 860.

Act to set apart certain tracts of land in the State of

California as forest reservations.'" (U.S.C., dtle 16,

sec. 51.)

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending lune SO,

1914, and for other purposes," approved lune 2S, 1915 (S8 Stat.

49)

Y

.

te N ' I P k C l' f ' F te t'

Yosemite Park,

OSeml . atlOna ar, a 1 orma: or pro cIon '

and improvement, construction and repair of bridges,

fences, and trails, and improvement of roads other than Pr

toll roads: Provided, "however, That the Secretary of the ~or hotel

Interior is hereby authorized and empowered to grant 0.

authorized.

lease for the construction and maintenance of a substantial hotel and buildings in connection therewith in accordance with and under the provisions of the Act of

June fourth, nineteen hundred and six (34 Stat. 207), VoU4,p.207.

relating to concessions in Yellowstone National Park,

Seep,86.

and the Act of March second, nineteen hundred and

seven (34 Stat. 1219), amendatory thereof, and any part Vol84,p, me,

of section two of the Act of October firs~, eighteen hun- i:':.frl~ima

dred and ninety, concerning the Yosemite National Park~ero;~, 650

in conflict herewith is hereby repealed, $125,000. s~'P. 6'f.P.

.

An Act Granting to the city and county of San Franc1sco certain

rights of way in, over, and through certain public lands, the

Yosemite National Park, and Stanislaus National Forest, and

certain lands in the Yosemite National Park, the Stanislaus

National Forest, and the public lands in the State of California,

and for other purposes, approved December i9, 1913. (S8 Stat.

242)

Be it enacted by the Senate and House of Representatives of tlt8 U'lIIited States of America in Oongress

aJJsembled, That there is hereby granted to the city and

county of San Francisco, a municipal corporation in ~~lfFranc\sco.

the State of California. all necessary rights of way along Righiof way

such locations and of' such width, not to exceed two ~.:~1 ~bUC

hundred and fifty feet, as in the judgment of the Secre- ::::; ~

for

t/!.ry of the Interior may .be required for the purposes

of this Act, in, over, and through the public lands of

the United States in the counties of Tuolumne, Stanislaus, San Joaquin, and Alameda, in the State of Cali-

. fornia, and in, over, and through the Yosemite.National

Park and the Stanislaus National Forest, or portions

th.ereof, lying within the said counties, for the purpose of

constructmg, operating, and maintaining aqueducts, canals, ditches, pipes, pipe lines, flumes, tunnels, and conduits for conveying water for domestic purposes and

uses to the city and county of San Francisco and such

other municipalities and water districts as, with the

consent of the city and county of San Francisco, or in
78 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

accordance with the laws of the State of California in

force at the time application is made, may hereafter participate in the beneficial use of the rights and privileges

:~c pllllltl,granted by this Act j for the purpose of constructing,

operating, and maintaining poweT and electric plants,

poles, and lines for generation and sale and distribution

of electric energy j also for the purpose of constructing,

operating, and maintaining telephone and telegraph

lines, and for the purpose of constructing, operating, and

maintaining roads, trails, bridges, tramways, railroads,

and other means of locomotion, transportation, and communication, such as may be necessary or proper in the

construction, maintenance, and operation of the works

l.«DdaforreIeI'constructed by the grantee herein j together with such

if~ ~ lands in the Hetch Hetchy Valley and Lak~ Eleanor VaIlq,.. Basin within the Yosemite National Park, and the

Cherry Valley within the Stanislaus N~tional Forest, irrespective of the width or extent <;>fsaid lands, as may be

determined by the Secretary of the Interior to be actually necessary for surface or underground reservoirs,

diverting and storage dams j together with such lands as

the Secretary of the Interior may determine to be actually necessary for power houses, and all other structures

~

hou8e8,

or buildings necessary or proI?erly incident to the construction, operation and mamtenance of said waterpower and electric plants, telephone and telegraph lines,

ct1 and such means of locomotion, t.ransportation, and com-

~fro':D ma-munication as may be established j together with the

~=~ PJ%~right to take, free of cost, from the public lands, the e8t,etc. Yosemite National Park, and the Stanislaus NatIOnal

Forest adjacent to its right of way, within such distance

as the Secretary of the Interior and the Secretary of

Agriculture may determine} stone, earth, gravel, sand,

tufa, and other materials of like charact~r actually necessary to be used in the construction, operation, and repair of its said water-power and electric plants, its said

telephone and telegraph lines, and its said means of locoConditions. etc.motion, transportation, or communication, under such

conditions and regulations as may be fixed QYthe Secretary of the Interior and the, Secretary of Agriculture,

within their respective jurisdictions, for the protection

of the public lands, the Yosemite National Park, and the

~oU:'be IIId Stanislaus National Forest: Provided, That said grantee pa e .

shall file, as hereinafter provided, a map or maps showing the boundaries, location, and extent of said proposed

rights of way and lands for the purposes hereinabove

set forth: Provided further, That the Secretary of the

Approvalof Interior shall a pp rove no location or chan ge of location location. in the national forests unless said location or change of

location shaH have been approved in writing by the

Secretary of Agriculture.

lor .r ~e filed SEC. 2. That within three years after the passage of D an 0 ces.

this Act said grantee shall file with the registers of the
LEGISLATION RELATING TO NATIONAL PARKS 79

United States land offices, in the districts where said

rights of way or lands are located, a map or maps showing the boundaries, locations, and extent of said proposed

rights of way and lands required for the purposes stated

in section one of this Act; but no permanent construction ~m:=~D.

work shall be commenced on said land until such map or

maps shall have been filed as herein provided and approved by the Secretary of the Interior: Provided, how- bb:=

ever, That any changes of location of any of said rights

of way Or lands may be made by said grantee before the

final completion of any of said work permitted in section

one hereof, by filing such additional map or maps as may

be necessary to show such changes of location, said addItional map or maps to be filed in the same manner as the

original map or maps; but no change of location shall

become valid until approved by the Secretary of the In- :Ec.va1

J'eo

terior, and the approval by the Secretary of the Interior

of said map or maps showing changes of location of said

rights of way or lands shall operate as an abandonment

by the city and county of San Francisco to the extent of

such change or changes of any of the rights of way or

lands indicated on the original maps: And proVided

f'u!ther, That any rights inuring to the grantee under :=:~ 7::0f

thIS Act shall, qn the approval of the map or maps re- aJ.1q.

.

ferred t.o herein by the Secretary of the Interior, relate

back to the date of the filing of said map or maps with

the register of the United States Land Office as provided

herein, or to the date of the filing of such maps as they

may be copies o.f as provided for herein: A~ prO'lJided:=~~

further, That wIth reference to any map or maps heretofore filed by said city and county of San Francisco or its

grantor with any officer of the Department of the Interior or the Department of A~ricu1ture, and approved

by said department, the provisions hereof will be considered complied with by the filing by said grantee of

copies of any of such map or maps with the register of

the United States Land Office as provided for herein,

which said map or maps and locations shall as in all other

cases be subject to the approval of the Secretary of the

Interior.

SEC. 3. That the rights of way hereby granted shall not :::~ ~;::.

be effective over any lands upon which homestead, min- chaseta o~V1Llid

ing, or other existing valid claim or claims shall have

gran. .

been filed or made and which now in law constitute prior

rightc; to any claim of the grantee until said grantee

shall have purchased such portion or portions of such

homestead, mining, or other existing valid claims as it

may require for right-of-way purposes and other purposes herein set forth, and shall have procured proper

relinquishments of such portion or portions of such

claims, or acquired title by due process of law and just

compensation paid to said entrymen or claimants and

caused proper evidence of such fact to be filed with the
80

PrIWi8o.

Lands In

former rights

of way not

a1lected.

Park and forest

regulations to

govern.

Timher regulations.

Pro'l1Uo'.

In Yosemite

Park.

Bridges, fenCes,

and r0ad8

nquired.

Removal of

d~bri8, etc.

Public use of

roads, etc,

LAWS FOR NAT. PARK SERVICE, PARKS, & :\WNUMENTS

Commissioner of the General Land Office, and the right

of such entrymen or claimants to sell and of said grantee

to purchase such portion or portions of such claims are

hereby granted: Provided, howffIJer, That this Act shall

not apply to any lands embraced in rights of way heretofore approved under any Act of Congress for the benefit of any parties other than s,aid grantee or its predecessors in interest.

SEC. 4. That the said grantee shall conform to all regulations adopted and prescribed by the Secretary of the

Interior governing the Yosemite National Park and by

the Secretary of Agriculture governing the Stanislaus

National Forest, and shall :riot take, cut, or destroy any

timber within the Yosemite National Park or the Stanislaus National Forest, except such as may be !lctually

necessary in order to construct, repair, and operate its

said reservoirs, dams, power plants, water-power and

electric works, and other structures above mentioned, but

no timber shall be cut or removed from lands outside of

the right of way until designated by the Secretary of the

Interior or the Secretary of Agriculture, respectively;

and it shall pay to the United States the full value of

all timber and wood cut, injured, or destroyed on or

adjacent to any of the rights of way and lands, as reqUIred by the Secretary of the Interior or' the Secretary

of Agriculture: PrO'Viikd, That no timber shall be cut

by the grantee in the Yosemite National Park except

from land to be submerged or which constitutes an actual

obstruction to the right or rights of way or to any road

or trail provided in this Act: Provided further, That

for and in consideration of the rights and privileges

hereby granted to it the said grantee shall construct and

maintain in good repair such bridges or other practicable

crossings over its rights of way within the Stanislaus

National Forest as may be prescribed in writing by the

Secretary of Agriculture, and elsewhere on public lands

along the line of said works, and within the Yosemite

National Park as may be prescribed in writing by the

Secretary of'the Interior; and said grantee shall, as said

waterworks are completed, if directed in writing by the

Secretary of the Interior or the Secretary of Agriculture,

construct and maintain along each side of said right of

way a lawful fence of such character as may be presCrlbed by the proper Secretary, with such suitable lanes

or crossings as the aforesaid officers shall prescribe: And

provided further, That the said grantee shall clear its

rights of way within the Yosemite National Park and

the Stanislaus National Forest and over any public land

of any debris or inflammable material as directed by the

Secretary of the Interior and the Secretary of Agricult.ure, respectively; and said grantee shall perin it any road

or trail which it may construct over the public lands, the

Yosemite National Park, or the Stanislaus National For-
LEGISLATION RELATiNG TO NATIONAL PARKS 81

(',sf,to be freely used by the officials of the Government

and by the public, and shall permit officials of the Government, for official business only, the free use of any

telephone or telegraph lines, or equipment; or railroads

t.hat it may construct and maintain within the Yosemite

National Park and the Stanislaus National Forest, or

on the public lands, together with the right to connect

with any such telephone or telegraph lines private telephone wires for the exclusive use of said Government

officials' And Provided f

urther That all reservoirs dams Structu~es, etc.,

. ,., , to be sightly

conduits, power plants, water power and electric works, andRUitable.

bridges, fences, and other structures not of a temporary

character shall be sightly and of suitable exterior design

and finish so as to harmonize with the surrounding landscape and its use as a park; and for this purpose all

plans and designs shall be submitted for approval to the

Secretary of the Interior.

SEC. 5. That a11 lands over which the rights of way Restrictionof

mentioned in this Act shall pass shall be disposed of only

easements.

subject to such easements: Provided, ho'l1X3ver',That the :rovi8os.f

construction of the aforesaid works shall be prosecuted c:~~{::t?on

diligently, and no cessation of such construction shall reqUired.

continue for a period of three consecutive years, and in

the event that the Secretary of the Interior shall firid and

determine that there has not been diligent prosecution

of the work or of some integral and essential part thereof,

or that there has been a cessation of such construction

for a period of three consecutive years, then he may declare forfeited all rights of the grantee herein as to that Forfeitureon

part of the works not constructed, and request the Attor- failure.

ney General, on behalf of the United States, to commence

suit in the United States District Court for the Northern

District of California for the purpose of procuring a

judgment declaring all such rights to that part of the

works not constructed to be forfeited to the United

States, and upon such request it shall be the duty of the

said Attorney General to cause to be commenced and D t rmfnatt by

prosecuted to a final judgment such suit: Provided fur- s:c;e?1ryo~Dthe

thm', That the Secretary of the Interior shall make no

Intenor.

such finding and take no such action if he shall find that

the construction or progress of the works has been delayed or prevented by the. act of God or the public

enemy, or by engineering or other difficulties that could

not have been reasonably foreseen and overcome, or by

other special or peculiar difficulties beyond the control

of the said IYrantee' Provid-ed fwJ'ther That in the exer- Compliancewith

. b

,. .' . , regulations

clse of the rights granted by thIS Act, the grantee shall required.

at all times comply with the r<>gulations herein authorized, and in the event of any material departure therefrom the Secretary of the Interior or the Secretary of

Agriculture, .respectively, may take such action as may

be necessarv in the courts or otherwise to enforr.e such

rE'gulations:
82 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Sellingof water, SEC. 6. That the O'rantee is prohibited from ever sell- et~., restricted..

I

. I:> . .

d

. . mg or ettmg d I t

to any corporatIOn or m IVI ua, excep a

municipality or a municipal water district or irrigation

district, the right to sell or sublet the water or the electric

energy sold or given to it or him by the said grantee:

P11ovided, That the rights hereby granted shall not be

sold, assigned, or transferred to any private person, corporation, or association, and in case of any attempt to so

sell, assign, transfer, or convey, this grant shall revert

to the Government of the United States.

Roadsan~trails SEC. 7. That for and in consideration of the grant by to be assigned

h U

.

d S

.

d d f

.

h

.

A I

.

I

to tbe United t e mte tates as prOVI e or III t IS ct t le sal( States. grantee shall assign, free of cost to the United States, all

roads and trails built under the provisions hereof; and

further, after the expiration of five years from the passage of this Act the grantee shall pay to the United

~:t:1 cashpay.States the sum of $15,000 annually for a period of ten .

years, beginning with the expiration of the five-year

period before mentioned, and for the next ten years following $20,000 annually, and for the remainder of the

term of the grant shall, unless in the discretion of Congress the animal charge should be increased or diminished, pay the sum of $30,000 annually, said sums to be

Applicationof paid on the first day of July of each year. Until other- fund. wise provided by Congress, said sums shall be kept in a

separate fund by the United States, to be applied to the

build~ng and maintenance of roads and trails and other

improvements in the Yosemite National Park and other

national pArks in the State of California. The Secretary of the Interior shall designate the uses to be made

of sums paid under the provisions of this section under

the conditions specified herein.

~~tee.. OOD' SEC. 8. That the word" grantee" as used herein shall

be understood as meaning the city and county of San

Francisco and such other municipalities or water district

or water districts as may, with the consent of the city

and county of San Francisco or in accordance with the

laws of the State of California, hereafter participate in

or succeed to the beneficial rights and privileges granted

by this Act.

SEC. 9. That this grant is made to the said grantee suuject to the observance on the part of the grantee of all

the conditions hereinbefore and hereinafter enumerated:

r~~i~~e;~~. (a) Th

h

at upon the completi~n of the H~tch H~tchY

l

tions. Dam or t e Lake Eleanor Dam. m the YosemIte NatlOna

Park, by the grantee, as herein specified, and upon the

commencement of the use of any reservoirs thereby created by said grantee as a source of water supply for said

grantee, the following sanitary regulations shall be made

effective within the watershed above and around said

reservoir sites so used by said grantee:

Pro!Ji8o.

Prohibition on

assignment of

grant.

Specified conditions.
LEGISLATION RELATING TO NATIONAL PARKS 83

First. No human excrement, garbage, or other refuse Refl!Be,tc.

shall be placed in the waters of any reservoir or stream

or within three hundred feet thereof.

Second. All sewage from permanent camps and hotels Sewage.

within the watershed shall be filtered by natural percolation through porous earth or otherwise adequately

purified or destroyed.

. .

Third. No person shall bathe, wash clothes or cooking ~~~~~~on

of

utensils, or water stock in, or in any way pollute, the

water within the limits of the Hetch Hetchy Reservoir

or any reservoir constructed by the said grantee under

the provisions of this grant, or in the streams leading

thereto, within one mile of said reservoir; or, with reference to the Hetch Hetchy Reservoir, in the waters from

the reservoir or waters entering the river between it and

the" Early intake" of the aqueduct, pending the completion of the aqueduct between" Early intake" and the

Hetch Hetchy Dam site.

Fourth. The cost of the inspection necessary to secure ~P'%~~:ofIncompliance with the sanitary regulations made a part of

.

these conditions, which inspection shall be under the

direction of the Secretary of the Interior, shall be

defrayed by the said grantee. Fil I

Fifth. If at any time the sanitary regulations provided Pla~~\C:.

for herein shall be deemed by said grantee insufficient to

protect the purity of the water supply, then the said

grantee' shall install a filtration plant or provide other

means to guard the purity of the water. No other sanitary rules or restrictIOns shall be demanded by or granted

to the said grantee as to the use of the watershed by

campers, tourists, or the occupants of hotels and cottages.

(b) That the said grantee shall recognize the prior ~~:t; ;:jga.

rights of the Modesto Irrigation District and the Tur-tlon Districts.

lock Irrigation District as now constituted under the laws Priorrights

of the State o:fCalifornia, or as said districts may be recognized.

hereafter enlarged to contain in the aggregate not to

exceed three hundred thousand acres of land, to receive

two thousand three hundred and fifty second-feet of the

natural daily flow of the Tuolumne River, measured at

the La Grange Dam, whenever the same can be beneficially used by said irrigation districts~ and that the

grantee shall never interfere with said rights.

(c) That whenever said irrigation districts receive at Ad~lti~nal

the La Grange Dam .less than two thousand three hun- waer ow.

dred and fifty second-feet of water, and when it is necessary for theIr beneficial use to receive more water the

said grantee shall release free of charge, out of the natural daily flow of the streams which it has intercepted,

so much water as may be necessary for the beneficial use

of said irrigation districts not exceeding an amount TuolumneRiver

which, with the waters of the Tuolumne and its tribu- supply.
84 LAWS FOR NAT. PARK SERVICJ<:, PARKS, & MONUMENTS

taries, will cause a flow at La Grange Dam of two thousand three hundred and fifty second-feet; and shall also

recognize the rights of the said irrigation districts to the

extent of four thousand second-feet of water out of the

natural daily flow of the Tuolumne River for combined

direct use and collection into storage reservoirs as may

be provided by said irrigation districts, during the period

of sixty days immediately following and including April

fifteenth of each year, and shall during such period

release free of charge such quantity of water as may be

necessary to secure to the said irrigation districts such

four thousand second-feet flow or portion thereof as the

said irrigation districts are capable of beneficially directly

P

R

ro

l

"uo, f d

.

1

usin g and storing below Jawbone Creek: Provided. howe ease 0 a1 y

I h

.

h d

.

1 1

lIow. ever, T lat at suc times as t e aggregate al y natura

flow of the watershed of the Tuolumne and its tributaries

measured at the La Grange Dam shall be less than said

districts can beneficially use and less than two thousand

three hundred and fifty second-feet, then and in that

event the said grantee shall release, free of charge, the

entire natural daily flow of the streams which it has

under this grant intercepted.

~~::d~a~:r. (d) That the said grantee whenever the said irrigation

districts desire water in excess of that to which they

are entitled under the foregoing, shall on the written

demand of the said irrigation districts sell to the said

irrigation districts from the reservoir or reservoirs of the

said grantee such amounts of stored water as may be

needed for the beneficial use of the said irrigation districts at such a price as will return to the grantee the

actual total costs of providing such stored water, such

costs to be computed in accordance with the currently

of

Determination

compensaacce p ted Practice of Public cost accountin!!

~

as ma y be tiOD,etc. determined by the Secretary of the Interior, including,

however, a fair proportion of the cost to said grantee of

the conduit, lands, dams, and water-supply system included in the Hetch Hetchy and Lake Eleanor sites;

upon the express condition, however, that the said grantee

may require the said irrigation districts to purchase and

pay for a minimum quantity of such stored water, and

that the said grantee shall be entitled to receive compensation fora minimum quantity of stored water and

shall not be requir-ed to sell and deli vel' to the said irrigation districts more than a maximum quantity of such

stored water to be released during any calendar year:

Provided, h01JJl3ver,That if the said irrigation districts

shall develop sufficient water to meet their own needs for

beneficial use and shall so notify in writing the Secretary

of the Interior, the said grantee shall not be required to

sell or deliver to said irrigation districts the maximum or

minimum amount of stored waters hereinbefore provided

for, and shall release the said di6tricts from the obliga.-

Protl18o,.

Restriction.
LEGISLATION RELATING TO NATIONAL PARKS 85

tion to pay for such stored water: And provided fv:rther, Returnof waste

That said grantee shall without cost to said irrigation water.

districts return to the Tuolumne River above the La

Grange Dam for the use of the said irrigation districts

all surplus or waste water resulting from the development of hydroelectric energy generated by the said

grantee.

(e) That such minimum and maximum amounts of Amountsof

such stored water to be so released during any calendar t~Ob~drd~

year as hereinbefore 'provided and the price to be paid

therefor by the said Irri~ation districts are to be determined and fixed by the ~ecretary of the Interior in accordance with the provisions of the preceding paragraph.

(f ) That the Secretary of the Interior shall revIse the Revldonof

d " ft d t b

max,mumand maXImum an mInImUm amounts 0 sore wa er to e minimum.

supplied to said irrigation districts by said grantee as

hereinbefore provided, whenever the said irrigation districts have properly developed the facilities of the Davis

Reservoir of the Turlock Irrigation District and the

Warner-Dallas Reservoir of the Modesto Irrigation District to the fullest practicable extent up to a development

not exceeding in cost $15 per acre-foot storage capacity,

and whenever additional storage has been provided by

the said irrigation districts which is necessary to the economical utilIzation of the waters of said watershed, and

also after water losses and wastes have been reduced to

such reasonable minimum as will assure the economical

and beneficial use of such water.

(g) That the said grantee shall not be renuired to fur- Restt1ctlonof

.

h th th .

d

.. t

].

t f t d

water to be fur. DIS more an e sal mlDunum quan I y 0 sore lilahed.

water hereinbefore provided for until the said irrigation

districts shan have first drawn upon their own stored

water to the fullest practicable extent.

(h) That the .said grantee shall not divert beyond the Limitofdiverlimits of the San Joaquin Valley any more of the waters ~~nqu~wat:D

from the Tuolumne watershed than, together with the

.

waters which it now has or may hereafter acquire, shall

be necessary for its beneficial use for domestic and other

municipal purposes.

(i) That the said grantee shall, at its own expense, Gagingwater

locate and construct, under the direction of the Secretary !low.

of the Interior, such weirs or other suitable structures

on sites to be granted, if necessary, by the United States,

for accurately measuring the flow in the said river at or

above La Grange Dam, and measuring the flow into and

out from the reservoirs or intakes of said districts, and

into and out from any reservoirs constructed by the said

grantee, and at any other point on the Tuolumne River

or its tributaries, which he may designate, and fit the

same with water-measuring apparatus satisfactory to

said Secretary and keep such hydrographic records as he

may direct, such apparatus and records to be open to

inspection by any. interested party at any time.
Terms collltrued. (j) That by "

the flow,"

"

natural daily flow,"

"

aggregate daily natural flow," and" what is natur.ally flowmg," as are used herein, is meant such flow as on any

given day would flow in the Tuolumne River or its tributaries if said grantee had no storage or diversion works

on the said Tuolumne watershed.

(k) That when the said grantee begins the development of the Hetch Hetchy Reservoir site, it shall undertake and vigorously prosecute to completion a dam at

least two hundred feet high, with a foundation capable

Damto bebuilt.of supporting said dam when built to its greatest economic and safe height.

:t~,~~ar~~:rgy (1) That the said grantee shall, upon request, sell or

~ithi~.i[;I~ supply to said irrigation districts, and also to the munici- Ion 111 palities within either br both said irrigation districts, for

the use of any land owner or owners therein for pumping

subsurface water for drainage or irrigation, or for the

actual municipal public purposes of said municipalities

(which purposes shall not include sale to private persons

or corporations) any excess of electrical energy which

may be generated, and which may be so beneficially used

by said irrigation districts or municipalities, when any

such excess of electric energy may not be required for

pumping the water supply for said grantee and for tho

actual municipal public purposes of the said grantee

(which purposes shall not include sale to pri'-ate persons

or corporations) at such price as will actually reimburse

the said grantee for developing and maintaining and

transmitting the surplus electrical energy thus sold; and

Powerplants no power plant shali be interposed on the line of the

limited.

b

.

conduit except y the sal d grantee, or the Iessee, as here.

inafter provided, and for the purposes and within the

limitations in the conditions set forth herein: P'l'ovided,

That said grantee shall satisfy the needs of the landowners in said i1'l'igation d"istricts for pumping subsurface water for drainage or ifrigation, and the needs of

the municipalities within such irrigation districts for

actual municipRI public purposes, after which it may dispose of any excess electrical energy for commercial

purposes.

Condtlt:ons of I

(m) That the right of said grantee in the Tuolumne

~~r:m~~_c- water supply to develop electric power for either municiI use. pal or commercial lIse is to be made conditional for

twenty years following the completion of any portion

of the works adapted to the generation of electrical

Minimumpower energ y, as follows: The said !!rantee shall within three in 3 years. ~

years from the date of completion " of said portion of the

works install, operate, and maintain apparatus capable

of developing and transmitting not less than ten thousand horsepower of electric' power for municipal and

commercial use, said ten thousand horsepower to be

actually used or offered for use; and within ten years

from the completion of said portion of the works not

86

Hetch Hetchy

Reservoir.

Proviso.

Priority for

irrigation, muDicipal, etc.,

uses.

In 10 years.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS
LEGISLATION RELA'!'ING TO NATIONAL PARKS 87

l('ss than twenty thousand hersepower; and within fifteen

years therefrom net less than thirty thousand horsepower; and within twenty years therefrom not less than In !!O18lL

sixty theusand horsepower, unless in the judgment ef the

Secretary {)f the Interior the public interest will be satisfied with a lesser development. The said grantee shall ~al!,o~powerfor

develop and use hydroelectric power for the use of its ungatlon.etc.

people and shall, at prices to be fixed under the laws of

California or, in the absence of such laws, at prices ap- C41',putationof

preved by the Secretary of the Interior, sell or supply pnce.

such power for irrigation, pumping, or other beneficial

use, said prices not to be less than will return to said

grantee the actual total costs of providing and supplying

said power, which costs shall be computed in accordance

with the cutrently accepted practice of public cost account.ing,. as slu~ll be determined ~y the, Secyetary of thE\

Intenor, mcludmg, however, a faIr proportIOn of cost of

conduit, lands, dams, and water-supply system; and

further, said grantee shaH, before using any of said

water for the purpose of developing hydroelectric power,

file such maps, surveys, field notes, or other data as may

be required by law, and shall conform to any law existinl?

and applicable to said subject ef development ef saill

hydroelectric power for municipal or commercial uses.

(n ) That after the Period of twent y Years hereinbefore Elec~r!cpower

. . requuement

prevlded fer the development, transmIssIOn, use, and sale after20yean.

{)f electric pewer, the Secretary of the Interior, under

authorization hereby given, may require the grantee,

within a time fixed by the Secretary, to. develop, transmit,

and use, or offer for sale, such addItional power, and also.

such power less than sixty thousand horsepower as the

grantee may have failed to. develep, transmitI use, 0.1'seUl

within the twenty years aforesaid, as in the Judgment ot

said Secretary the grantee mayor eught to. develop under

this grant, and whIch in his judgment the public mterest

demands or convenience requires; and in case ef the

failure ef the grantee to carry out any such requirements fa~:ure on

ef the Secretary ef the Interior the latter is hereby au-

.

thorized so to do, and he may, in such manner and ferm

and upon such terms and conditions as he may determine,

provide for the development, transmission, use, and sale

of such additional power and such power not so developed, transmitted, 0.1'used by the grantee at the end

ef said twenty years up to sixty thousand horsepower;

and. for tha~ purpose the Secretary of the Interior may

take possessIOn of and lease to such person 0.1'persens as ~~es

authorhe may designate such portion of the rights of way.

structures, dams, conduits, and other preperty acquired

0.1'constructed by the grantee hereunder as Illay be necessary for the development, transmission, use, and sale of

such power.

(0) That the rates 0.1'charges to. be made by the grantee RAtesto con0.1' by any lessee under the last preceding paragraph fer I~~.toet~~te
88 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

the use of power for commercial purposes shall at aU

times conform to the laws of the State of California or,

in the absence of any such statutory law, be subject to the

approval of the Secretary of the Interior, and in the

absence of such law no rates or charges shall be made.

fixed, or collected without such approval, and the grantee

shall at any time, upon the demand of the Secretary of

the Interior allow the latter or such person or persons as

he may designate full and free access. right, and opportunity to examine and inspect all of the grantee's books.

records, and accounts, and all the works constructed and

property occupied hereunder by the grantee.

Road.,trails, (p) That this grant is upon the further condition that

etc..to be built.the grantee shall construct on the north side of the Hetch

Hetchy Reservoir site a scenic road or trail, as the Secretary of the Interior may determine, above and along

the proposed lake to such point as may be de~lgnated by

the said Secretary, and also leading from said scenic road

or trail a trail to the Tiltill Valley and to Lake Vernon,

and a road or trail to Lake Eleanor and Cherry Valley

via McGill Meadow; and likewise the said grantee shall

build a wagon road from Hamilton or Sn'liths Station

along the most feasible route adjacent to its proposed

aqueduct from Groveland to Portulaca or Hog Ranch

and into the Hetch Hetchy Dam site, and a. road along

the southerly slope of Smiths Peak from Hog Ranch past

Harden Lake to a junction with the old Tioga Road, in

section four. township one south, range twenty-one east,

Mount Diablo base and meridian. and such roads and

trails made necessary by this grant, and as may be preApproval, etc. scribed by the Secretary of the Interior. Said grantee

shall have the right to build and maintain such other

necessary roads or trails through tbe public lands. for

the construction and operation of its works, subject, however, to the approval of the Secretary of Agriculture in

the Stanislaus National Forest. and the Secretary of the

Interior in the Yosemite National Park. The said

ro~t~~;'~PPlYgrantee shall further lay and maintain a water pipe, or

purposes. otherwise l)rovide a good and sufficient supply of 'water

for camp purposes at the Meadow, one-third of a mile,

more or less, southeasterly from the Hetch Hetchy Dam

site.

That all trail and road building and maintenance by

the said grantee in the Y osemi te Nat-ional Park and the

Stanislaus National Forest shall be done subject to the

direction and approval of the Secretary of the Interior

or the Secretary of Agriculture according to their

respective jurisdictions. .

(q) That the said grantee shall furn ish water at cost

to any authorized occupant within one mile of the reservoir and in addition to the sums provided for in section

sevell it shall reimburse the United States Government

for the actual cost of maintenance of the above roads

Approval of

roads, etc.

Water to occu.

pant. of Janda.

Reimbursement

for road

maintenance.

etc.

Investigation

expenses.
LEGISLATION RELATING TO NATIONAL PARKS 89

and trails in a condition of repair as good as when

constructed.

(r) That in case the Department of the Interior is

called upon, by reason of any of the above conditiqns, to

make investigations and decisions respecting the rights,

benefits, or obligations specified in this Act, which investigations or decisions mvolve expense to the said Department of the Interior, then such expense shall be borne

by said grantee.

(s) That the grantee shall file with the Secretary of Formalacceptthe Interior, within six months after the approval of this ance.

Act, its acceptance of the terms and conditions of this

grant.

(t) That the grantee herein shall convey to the United ~::y~:;,e

States, by proper conveyance, a good and sufficient title UnitedStates.

free from all liens and encumbrances of any nature whatever, to any and all tracts of land which are now owned

by said' grantee within the Yosemite National Park or

that part of the national fs)},'est adjacent thereto not actually required for use under the provisions of tlus Act,

said conveyance to be approved by and filed with the Secretary of the Interior within six months after the said

grantee c~ases to use such lands for the purpose of construction or repair under the provisions of this Act.

(u) That the city and county of San Francisco shall~": g~;:::en~

sell to the United States, for the use of the War Department, such water as the War Department may elect to

take, and shall deliver the same through its system in or

near the city of San Francisco to the mains or systems

of such military reservations in that vicinity as m'!Y be

designated by the Secretary of War

fu

under such rules and al I t ' h

.

be f h

Annu reBtal. regu a Ions as e may prescrl. payment or suc

water and the delivery thereof the Ullited States shall

pay to the said city and county of San Francisco a rental,

to be calculated at a fixed rate per one thousand gallons,

said rate not to exceed the actual cost of said water to said

city and county for all the water so furnished, as determined by meter measurements: And prO'lJided fwtlter, ~rotlUo'.

That payment of said rental shall be made by the local c~~ii,;ce with

disbursin g officer of the War Department in the usual all conditiollS

. required. manner: Promded, hoioever, That the grantee shall at

all times comply with and observe on its part all the conditions specified in this Act, and in the event that the

same are not reasona~ly complied with and carried out by

the grantee, upon wrItten request of the Secretary of the

Interior, it is made the duty of the Attorney General in

the name of the United States to commence all necessary

suits or proceedings in the proper court having jurisdiction thereof, for the purpose of enforcing and carrying

out the provisions of this Act.

SEC. 10. That this grant, so far as it relates to the said Ri~bta~f~~ irrigation districts, shall be deemed and held to constitute ga on sr.

a binding obligation upon said grantee in favor of the
90 LAWS FOR :NAT. PARK SEHVICE, PAR-KS, & MONUMENTS

State laws not

alfected.

said irrigation districts which said districts, or either of

them, may judicially enforce in any court of competent

jurisdiction.

SEC. 11. That this Act is a grant upon certain express

conditions specifically set forth herein, and nothing

herein contained shall be construed as affecting or intending to affect or in any way to interfere with the lawsof the State of California relating to the control, appropriation, use, or distribution of water used in irrigation

01' for municipal 01' other uses, or any vested right acquired thereunder, and the Secretary of the Interior, in

carrying' out the provisions of this Act, shall proceed in

conformity with the laws of said State.

An Act To consolidate certain forest lands in the Sierra National

Forest, and Yosemite National Park, California, approved May

13, 1914 (38 Stat. 376)

Be it enacted by the Senate and House of Representa--

tives of the United States of America in Oongrl'3ss

assembled, That for the purpose of preserving scenic features and consolidating certain forest lands belonging to

the United States within the Sierra National Forest and

the Yosemite National Park, California, the Secretary

of the Interior be, and he hereby is, authorized and empowered, upon the recommendation of the Secretary of

Agriculture, and after obtaining and accepting- for the

Government of the United States of America a valid title

to the land to be acquired, which title shall be approved

by said Secretary of the Int~rior, to exchange lands belonging to the United States which are a part of the

SierraN ational Forest for privately.,.pwned timber lands

of approximately equal value lying within the boundaries of said Sierra National Forest and the said Y 0-

~~::'\~~tionof semite National Park: Prm'ided, That upon the con- acquiredlands. summation of an exchange hereunder the lands ac

~

uired Descrition. . . . . .

Land/for Sierraby the Umted States wlthm the boundarIes of the HJrra Foreat. Forest shall become a part of that national forest and

that within the boundaries of the Yosemite National

Park shall become a part of that park: Provided further, That only the following privately owned lands in

the Sierra National Forest may be acquired by the

United States under the exchange: North half southeast

quarter and southeast quarter southeast quarter section

thirty-four, southwest quarter southwest quarter section

thirty-five, and all of section thirty-six, township four

south, range twenty east, Mount Diablo meridian; east

half northeast quarter and south half southwest quarter

section thirty-two, west half northwest quarter section

thirty-three, township four south, range twenty-one east,

Mount Diablo meridian; southeast quarter section one,

southeast quarter southeast quarter (lot sixteen) section

eleven, lots three and four, southwest quarter northwest

quarter, southwest quarter, and southeast quarter section twelve, lots two, five, six, and seven, section thirteen,

Sierra National

ForCf>t.Calif.

Exchange of

lands in, with

private owner..
LEGISLATION RELATING TO NATIONAL PARKS 91

township five south, range twenty east, Mount Diablo

meridian; lots two and six, section five, portion northwest quarter northwest quarter south of traverse, southwest quarter northwest quarter, portion southeast quarter northwest quarter west of traverse, northeast quarter

southwest quarter, southeast quarter southwest quarter,

and that portion of the southeast quarter west of the

traverse, section eight, portion of ~orthwest quarter,

northeast quarter west of traverse, southwest quarter

northeast quarter, portion of southeast quarter northeast

quarter west of traverse, and portion of east half southeast quarter west of traverse, section seventeen, portion

of northeast quarter northeast quarter west of traverse,

portion southeast quarter northeast quarter west of traverse, and portion of east half southeast quarter west of

traverse, section twentv, township five, south, range

twenty -one east, Mount 'Diablo meridian; and that only ~::nt~: Park.

the northeast quarter section thirt y-six town shin four LandsgivenIn

.

,

.

,1; . exchange.

south, range twenty-one east, Mount DIablo mendIan, m

the Yosemite NatlOnal Park, may be acquired by the

United States under the exchange; imd that only the

followinO' lands may be given in exchange by the United

States : West half lot nine and west half south west quarter section three; portion of lots four and five south (I

traverse, section five; portions of lots one, two, three.

and five south of the traverse; portion of lot six east of

traverse; lots seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, and portions of lot twenty north of traverse', section

six; portion of the north half northeast quarter north of

traverse line, section seven; north half northeast quarter,

southwest quarter northeast quarter, and north half

northwest quarter, sect.ion ten; southwest quarter 'northwest quarter and northwest quarter southwest quarter,

section eleven, southwest quarter northeast quarter and

southeast quarter northwest quarter, section thirteen, portion of southwest quarter northeast quarter east of traverse, section twenty, township five south, range twentyone east. Mount Diablo meridian; southwest quarter

southwest quarter section nine, northeast quarter northeast quarter (lot one) section seventeen, lot five, section

eighteen, southwest quarter southwest quarter and southeast quarter southwest quarter, section nineteen, southwest quarter northwest quarter section twenty-eight,

northwest quarter ndrtheast quarter section twenty-nine,

southwest quarter northeast quarter, northeast quarter

northwest quarter, southwest quarter northwest quarter,

southeast quarter northwest quarter, lot one, northe~t

quarter southwest quarter, northwest quarter southwest

quarter, southeast quarter southwest quarter, west half

southeast quarter, and southeast quarter southeast quarter, section thirty, township five south, range twentytwo east, Mount Diablo meridian; northeast quarter
92 LAWS FOR NAT. PARK SERVICE, PARKS, & l\1ONUMENTS,

southeast quarter and south half southeast quarter, section two, north half northeast quarter section eleven,

northwest quarter northeast quarter, south half northeast quarter, and northwest quarter, section twelve, township six south, range twenty-one east, Mount Diablo meridian; northeast quarter northwest quarter and south

r.alf northwest quarter, section seven, township six south,

range twenty-two east, Mount Diablo meridian.

Excerpts from "An Act Making appropriations for sundry civil

expenses of the Government for the fiscal year ending ;rune 30,

1917, and for other purposes," approved ;ruly 1, 1916 (39 Stat.

308)

itoserj~e~a. The Secretary of the Interior is authorized to accept

A~:i,ta::eof patented lands or rights of way whether over patented

1R=e~b';' 4601' other lands in the Yosemite National Park that may

:u~~~o:;t~ be donated for park purposes. (U.S.C., title 16, sec. 56.)

coveredby U.B.C.,title 16,Act of Legislature of California, approved April 15, 1919, ceding to

~76,~;.,~tais) the United States exclusive jurisdiction over Yosemite National. .. Park in the State 'of California. (Statutes and amendments to

Codesof California, 1919,p. 74)

The people of the State of Oalifornia do en4Ct as follows, Exclusive jurisdiction shall be and the same is

hereby ceded to the United States over and within all

the territory which is now or may hereafter be included

in those several tracts of land in the State of California

set aside and dedicated for park purposes by' the United

States as "

Yosemite National Park,' "Sequoia National

Park," and" General Grant National Park," respectively; saving however to the State of California the

right to serve civil or criminal process within the limits

of the aforesaid parks in suits or prosecutions for or on

account of rights acquired, obligations incurred, or crimes

committed in said State outside of said parks; and saving

fmiher to the said State the riO'ht to tax persons and

corporations, their franchises and property on the lands

included in said parks, and the right to fix and collect

license fees for fishing in said parks; and saving also to

the persons residing in any of said parks now or hereafter the right to vote at all elections held within the

county or counties in which said parks are situate: Provided, however, That jurisdiction shall not vest until the

United States through the proper officer notifies the State

of California that they assume police 1urisdiction over

said parks.

Nati~nal Parks,

Calif.

An Act To accept the cession by the State of California of exclusive

jurisdiction of the lands embraced within the Yosemite National

Park, Sequoia ,National Park, and General Grant National Park,

respectively, and for other purposes, approved ;rune 2, 1920 (41

Stat. 731)

Be it enacted by the Senate arnd House of Representatives of the United States of America in Oongress ((JJsembled;That the provisions of the act of the Legislature of
LEGISLATION RELATING TO NATIONAL PARKS 93

the State of California (approved April 15, 1919) ceding Cessionof juristo the United States exclusive jurisdiction over the terri- ~~d~=,te

tory embraced and included within'the Yosemite National accepted.

Park, Sequoia National Park, and General Grant Na- ~:te~ed

tional Park, respectively, are hereby accepted and sole

and exclusive jurisdiction is hereby assumed by the

United States over such territory, saving, however, to the

said State of California the right to serve civil or criminal process within the limits of the aforesaid parks or

either of them in suits or prosecutions for or on account

of rights acquired, obligations incurred, or crimes committed in saId State outside of said parks; and saving

further to the said State the right to tax persons and

corporations, their franchises and property on the lands

included in said parks, and the right to fix and collect

license fees for fishing in said parks; and saving also to

the persons residing in any of said parks now or hereafter the right to vote at all elections held within the

county or counties in which said parks are situated.

(U.S.C., title 16, sec. 57.) All the, laws applicable to

places under sole and exclusive jurisdiction of the United U 'tedStates States shall have force and effect in said parks or either la~ ~PUeabJe.

of them. All fugitives from justice taking refuge in said ~=...:'n of

parks, or either of them, shall be subject to the same laws

as refugees from justice found in the State of California.

(U.S.C., title 16, sec. 58.)

SEC. 2. That said Yosemite National Park shall consti- I~~::~u tute a part of the United States judicial district for the "!~: northern.

northern district of California, and the district court of distrIct.

the United States in and for said northern district shall

have jurisdiction of all offenses committed within saio

boundaries of the Yosemite National Park. (U.S.C.,

title 16, sec. 76.)

SEC. 3. That said Sequoia National Park and General Sequoiaand

Grant National Park shall constitute part of the United ~~ Grant

States judicial district for the southern district of Cali- t:'ed \'h

CaUJ

fornia, and the district court of the United States in and d~stri~u em

for said southern district shall have jurisdiction of all

offenses oommitted within the boundaries of said Sequoia

National Park and General Grant National Park.

(U.S.C., title 16, sec. 77.)

SEC. 4. That if any offense shall be committed in the

Yosemite National Park, Sequoia National Park, General Grant National Park, or either of them, which

offense is not prohibited or the punishment is not specifically provided for Bv any law of the United States, Punishmentof

the offender shall be subject to the same punishment as ~t"=.-iDst

the laws 'of the Stat" of California in force at the time

of the commission of the offense may provide for a like

offense in said State; and no subsequent repeal of any

SUC!llaw of t~e State of Calif?rnia s~all. aff-e<;tany prosecutIon for sa1(1 offense commItted wlthm said parks, or

-either of them. (D.S.C., title 16, sec. 59.)
94 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

~nt~. fI:'h" SEC. 5. That all hunting or the killing, wounding, or

bit{oD8,"ro I

capturing at any time ,of any wild bird or animal, except

dangerous animals, when it is necessary to prevent them

from destroying- human lives or inflicting personal injury, is prohibIted within the limits of said parks; or

shall any fish be taken out of any of the waters of the

~aid parks, or either of them, in any other way than by

hook and line, and then only at such seasons and such

times and manner as may be directed by the Secretary

of the Interior. (U.S. C., title 16, sec. 60.) That the

Secretary of the Interior shall make and publish such

Regulations, general rules and regulations as he may deem necesfID,ry

~rlb~ be pre. and proper for the management and care of the park and

for the protection of the property therein, especially for

the preservation from injury or spoliation of all timber,

mineral deposits other than those legally located prior to

(A 'd 'I 26 the passage of the respective Acts creating and establishp, J1:o~ ss~ P.

.

ing said parks, natural curiosities or wonderful objects 64.) within said parks, and for the protection of the animals

in the park from capture or destruction, and to prevent

their being frightened or driven from the said parks;

and he shall make rules and regulations governing the

taking of fish from the streams or lakes in the said parks

Ev!denceof vio-or either of them. (U.S.C., title 16, sec. 61.) Possession 1111Ions. within said parks, or either of them, of the dead bodies

or any part thereof of any wild bird or animal shall be

prima facie evidence that person or persons having same

are guilty of violating this Act. (U.S. C., title 16, sec.

62.) Any person or persons, or stage or express comPe!"iJtyfor,vio. pany, or railway company, who knows or has reason to

loting p'cvlsions b I.

hereof,etc. "e IeVe that they' were ta k en or kI' ll ed contrary to the

provisions of this Act, and who receives for transportation any of said animals, birds, or fish so killed, caught,

or taken, or who shall violate any of the other provisions

of this Act, or any rule or regulation that may be promul-

~ated by the Secretary of the Interior, with reference to

the management and care of the said parks, or either of

them, or for the protection of the property therein for

the preservation from injury or spoliation of timber,

mineral deposits, other than those legally located prior

to the passage of the respective Acts creating and establishing said parks, natural curiosities, or wonderful objects within said parks, or either of them, or for the protection of the animals, birds, or fish in the said parks~ or

either of them, or who shall within said parks commit

any damage, injury, spoliation to or upon any building,

fence, hedge, gate, guide post, tree, wood, underwood,

timber, p''Lrden, crops, vegetables, plants, land, springs,

mineral deposits other than those legally located prior

to the passage of the respective Acts creating and establishing said parks, natural curiosities, or other" matter or

thing growing or being thereon, or situated therein, shall

be subJect to the penalty provided for the violation of

rules and regulations of the Secretary of the InterIOr
LEGISLATION RELATING TO NATIONAL PARKS 95

authorized by section 3 of the Act of Congress approved

August 25, 1916 (Thirty-ninth Statutes; page 535), en- Vol.89,p.685.

titled "An Act to establish a National Park Service, and ~~~t for other purposes," which section is hereby amended by modified.

striking tnerefrom the words" and any violations of any

of the rules and regulations a:mthorized by this Act shall

be punished as provided for in section 50 of the Act en- Vol.8~ p. 686,

titled 'An Act to codify and amend the Penal Laws ofS:e;:. e:...1B~

the United States," approved March 4, 1909, as amended

~y section 6 of the Act of June 25, 1910 ,Thirty-sixth

United States Statutes at Large, page 857),

' and insert- ing in lieu thereof the words" and any violation of any

of the rules and regulations authorized by this Act shall

be punished by a fine of not more than $500 or imprisonment for not exceeding six months, or both, and be

adjudged to pay all cost of the proceedings" (U.S. C., Pr .

title 16, sec. 63): P'I'fY!Jided,:rhat nothing h~rei?1 shalll?l:i~i of

be construed as repealmg or ill any way modIfymg the 1:,m f~ju~e:;:y'

authority granted the Secretary of the Interior by said an~mals, etc.,not

section 3 of the said Act approved August 25, 1916, to affected.

sell or dispose of timber in national parks in those cases

where, in his judgment, the cutting of such timber is

required in order to control the attacks of insects or diseases or otherwise conserve the scenery of the natural or

historic objects in such parks and to provide for the

destruction of such animals' and such plant life as may

be detrimental to the use of any of said parks, or the

authority granted to said Secretary by the Act approved

April 9, 1912, entitled "An Act to authorize the Secretary

of the Interior to secure for the United States title to Vol.87,p. 80.

patented lands in the Yosemite National Park, and for ~e~PsJ6. 846 other purposes," ~s amended by the Act approved ApriI8~ep. 7it .

16, 1914. (U.S. C., title 16, sec. 64.)

SEC. 6. That all guns, traps, teams, horses, or means of Forfeitureof

.

f d

.

t

.

d b

guns, traps, etc., transportatIon 0 every nature or escrIp IOn use y any illegallyused.

person or persons within the limits of said parks, or

eith~r of them, w~en engaged in killing, trapping, ensnanng, or capturmg such wild beasts, bIrds, or ammals,

shall be forfeited to the United States and may be seized

by the officers in said parks, or either of them, and held

pending prosecution of any person or :persons arrested

under the charge of violating the provisIons of this Act,

and upon conviction such forfeiture shall be adjudicated

as a penalty in addition to the other punishment prescribed in this Act. Sucll forfeited property shall be disposed of and accounted for by and under the authority

of the Secretary of the InterIor. (U.S. C., title 16, sec.

65.)

SEC. 7. That the United States District Court for the fom;i88lo!,er

Northern District of California shall appoint a commis- ;:rk.oseuute

sioner for the Yosemite National Park, who shall reside ~Jtt~l;i~e~~~

in said park, and who shall have jurisdiction to hear and ..

act upon all complaints made of any violations of law, or

of the rules and reg1}lations made by the Secretary of the
96 LAWS FOR NAT. PARI\: SERVICE, PARKS, & MONUMENTS

Interior, for the government of said Yosemite National

Park, and for the protection of the animals, birds, and

fish, and objects of interest therain, and for other purJudicial powen! po

S

ses

h

authori~e~ by th

h

is

l

A

l

C

h

t. (U.S.C., title 16, se~. 6

f

6.)

in violationsof ue COmmISSIOners a ave power, upon sworn In 01'- rules,etc. mation, to issue process in the name of the United States

for the arrest of any person charged with the commission

of any misdemeanor, or charged with a violation of the

rules and re~ulations, or with a violation of any of the

provisions of this Act prescribed for the government of

said Yosemite National Park, and for the protection of

the animals, birds, and fish in said park, and try persons

so charged, and if found guilty. impose punishment and

to adjudge forfeiture prescrIbed. (U.S.C., title 16,

sec. 67.)

In all cases of conviction an appeal shall lie from the

judgment of said commissioner to the United States Court

for the Northern District of California, and the United

States district court in said district shall prescribe rules

and procedure and practice for said commissioner in the

trial of cases and for appeals to said 'United States dis-

. trict court. (U.S.C., title 16, sec. 68.)

~~'<rl~ssI~drfor SEC. 8. That the United States District Court for the

~k~ Grant ~outhern District of ~ali!o~nia shall appoint a commisAP&,:intment,SlOneI' for the SequOIa Nahona! Park and the General

au ority,etc. Grant National Park, who shall reside in one of said

parks, and who shall have jurisdiction to hear and act

upon all complaints made of any violations of the law or

of the rules and regulations made by the Secretary of the

Interior, for the government of the Sequoia National

Park and the General Grant National Park, and for the

protection of the animals, birds, and fish, and objects of

interest therein, and for other purposes authonzed by

this Act.

f.:'d;fo:-!tI~:~ Such commissioner shall have power, upon sworn infor- rules,de. mati on, to issue process in the name of the United States

for the arrest of any person charged with the commission

of any misdemeanor, or charged with a violation of the

rules and regulations, or with a violation of any of the

provisions of this Act prescribed for the O'overnment of

said Sequoia National Park and General arant National

Park, or either of them, and for the protection of the

animals, birds, and fish in said last-named parks, or

either of them, and try persons so charged, and, if found

guilty, impose punishment and to adjudge forfeiture prescribed. (U.S.C., title 16, sec. 67.)

In all cases of conviction an appeal shall lie from the

judgment of said commissioner to the United States

Court for the Southern District of California, and the

United States district court in said district shall prescribe rules and procedure and practice for said commissioner in the trial of cases and for appeals to said

United States district court. (U.S.C., title 16, sec. 68.)

Appeala.

Appeal8.
LEGISLATION RELATING TO ~.-\TIONAL PARKS 97

SF.c. 9. That any such commissioner within his juris- Procedurein

diction shall also have the power to issue process as here- criminalcases.

inbefore provided for the arrest of any person charged

with commission within said boundaries of said parks,

or either of them, as specified above in this Act, of any

criminal offense not covered by the provisions of section

5 of this Act, to hear the evidence introduced, and if he

is of the opinion that probable cause is shown for holding the person so charged for trial, he shall cause such

person to be safely conveyed to a secure place of confinement ,vithin the jurisdiction of the United States district court in and for the judicial district to which he

belongs, and certify a transcript of the record of his proceedings and testimony in the case to the court, to which

the park is attached as above specified in this Act, which

court shall have jurisdiction of t.he case: Provided, That Provi&o.

the said commissIOner shall grant bail in all cases bailable Ball.

under the laws of the United States or of said State.

(U.S.C., title 16, sec. 70.)

SEC. 10. That all process issued by the commissioner Serviceof

of the Yosemite National Park shall be directed to the process.

marshal of the United States for the northern district of

California, and all process issued by the commissioner of

the Sequoia National Park and the General Grant National Park shall be directed to the marshal of the United sum~ary

States for the southern district of California, but noth- arrea .

ing herein contained shall be so construed to prevent the

arrest by any officer or employee of the Government or

any person employed by the United States, in the policing of such reservation within the boundaries of said

parks, or either of them, without process of any person

taken in t.he act of violating the law or this Act or the

regulation prescribed by said Secretary as aforesaid.

(U.S.C., title 16, sec. 71.)

SEC. 11. That the commissioner provided for in this P~y,ofcomAct for the Yosemite National Park and the commis- mISSIoners.

sioner provided for in this Act for the Sequoia National

Park and the General Grant National Park each shall be

paid an annual salary of $1,500, payable monthly: Pro- Provi,o,.

vided, That the said commissioner for the Yosemite National Park shall reside within the exterior boundaries

of saio Yosemite Nat.ional Park, and th~ commissioner

provided for the Sequoia National Park and the General

Grant National Park shall reside within the exterior Residencereo

boundaries of one of the said last-named national parks quirements.

and at a place to be designated by the court making such

appointment (U.S.C., title 1(;, sees. G9 and 72) : And pTOvided f1U't!ze1',That all fees, costs, and expenses collected

by the commissioner shall be disposed of as provided in Disposaloffee.,

section 13 of this Act.. (U.S.C., title 1G,sec. 73.) etc.

SEC. 12. That all fees, costs, and expenses arising in UnitedState.

cases uncleI' this Act and properly chargeable t.o the fees.

United States shall be certified, approved, and paid as
ACCl!Ptance of

ceEion.

LAWS FOB NAT. PARK SERVICE, PARKS~ &; MOKU1J/mN'm

are like fees, costs, and expenses in the courts of ~he

United States. (U.S.C., title 16, sec. 75.)

SEC.13. That all fines and costs imposed and collected

shall be deposited by said commissioners of the United

States, or the marshal of the United States colJectin~ the

same, with the clerk of the. United States district couri

to which said parks are attached, as provided in this Act.

(U.S. C., title 16, sec. 74.)

SEC.14. That the Secretary of the Interior shall notify

in writing the governor of the State of California. of the

passage and approval of this Act and of the fact that the

United States assumes police jurisdiction over said parks,

as specified in said Act.

An Act To authorize the acquisition of certain patented land adjoining the Yosemite National Park: boundary by exchange, and

for other purposes, approved may 28, 1928 (4t1iStat. 787)

Be it enacted by the Senate and H ouae of Representa,-

tives of the United States of .America 'in Oongress assem,-

bled, That for the purpose of protecting f>ark deer along

the western boundary of the Yosemite National Park, the

Secretary of the Interior be, and he is hereby, authorized

to acquire as part of said park, by exchange as hereinafter l

rovided, title in fee for and' on behalf of the

Unite States of America to all that land in sections 21

and 28 in township 3 south, range 20 east, Mount Diablo

meridianz lying between the abandoned railroad grade

running trom a point in the Wawona Road near Chinquapin to the top of the abandoned incline hoist in the northeast quarter of the southwest quarter of section 21, and

the east and west center line of section 21, and in sections

22, 23, 24, 25, 26, and 27 lying between said abandoned

railroad grade and the existing park boundary, containing one thousand three hundred and fifty acres, more or

less, now held in private ownership, which lands upon

La d I

acquisition shall be, and are hereby, added to the park;

c~n:e.~ob~ and in exchange therefor the said Secretary be, and he is eliminated the park. fromhereb y ,

authorized to issue Patent to the owner of said

lands, for the Government lands described as follows:

That part of the north half of northeast quarter lying

south of abandoned railroad grade hereinbefore mentioned, north half of southwest quarter of northeast

quarter, southwest quarter of southwest quarter of northeast quarter, southwest quarter, west half of northeast

quarter of southeast quarter, ahd southwest quarter of

southeast quarter of section 25, township 3 south, range

20 east; north half section 36, township 3 south, range 20

east; southwest quarter northeast quarter, south half

northeast quarter northwest quarter, west half northwest

quarter, southeast quarter northwest quarter, northwest

quarter southeast quarter, and west half southwest quarter

southeast quarter section 32, township 3 south, range 21

east; and northwest q.uarter section 5, township 4 south,

range 21 east; con taming one thousand and ten acres,

more or less, which lands upon issuance of patent shall

Yosemite National Park.

Acquisition of

landa In private

ownership to be

ndded to, for

protecting park

deer.

Description.

Description.
LEGISLATION RELATING TO. NATIONAL PARKS 99

be, and are hereby, eliminated from said park.

6th supp., title 1.6,sec. 47d.)

(U.S.C.,

An Aot To prov~de for the preservation and consolidation of certain timber stands along the western boundary of the Yosemite

National Park, and for other purposes, approved Maroh 2, 1929

(45 Stat. 1488)

Be it enacted by the Senate and House of Representatives of the United States of .America in Oongress as-

~embled, That for the purpose of preserving and consolidating certain timber stands along the western boundary of the Yosemite National Park, the President .of the ~~:ii~~~..

United States is hereby authorized, upon the joint recom- tdditfo'1:mto,

mendation of the Secretaries of the Interior and of Agri- tfon~~.dJ~:

culture, to add to said park by Executive proclamation =,:mber

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, D ri tI

range 19 east, Mount Diablo meridian; sections. 4, 5, and esc p on.

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. (D.S.C., 6th supp.,

title 16, sec. 47c.)

An Act To provide for the addition of certain lands to the Yo.

semite National Park, California, and for other purposes, approved :May 9, 1930 (48 Stat. 265)

Be it en.acted by the &mate f.lfndHouse of Representulives of the United States of America in Congress assembled, That fo~ the purpose of preserving and consolidating timber stands along the western boundary of

the Yosemite National Park the President of the United K~~aTi~~r~a.

States is hereby authorized, upon the joint recommend a- CaliJ' dd~ tion of the Secretaries of Interior and Agriculture, to Lans a 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. (D.S.C., 6th supp., title 16,

sec. 47a.)

SEC. 2. That the provisions of the Act of June 10, 1920, WaterPowerAct

known as the Federal Water Power Act shall not apI)l y not applicable.

, Vol. 41, p. 1068.

to any lands added to the Yosemite National Park under

the authority of this Act. (D.S.C., 6th supp., title 16,

sec. 47b.)

* * * * *

Excerpt from "An Act Making appropriations for the Department

of the Interior for the fiscal year ending June 30, 1932, and for

other purposes," approved February 14, 1931 (46 Stat. 1154)

* * * * *

For the acquisition of privately owned lands and/or

standin g timber within the boundaries of existin g na- Ac.quisltioD of

.. prIvately owned tIonal parks and natIOnal monuments to be expended !ands.etc.,with.

only when matched by equal amounts by donation from ~o~:~~:,d
100 LAWS FOR NA~. PARK SERViCE, PARKS, ... MONVMENT8

AdclJtiOD to

Yosemlk National Park, by

'Proclamation.

other sources for the same I;>urpose,to be"availableunti,l

expended, $1,000,000: Provided. That the appropriati9n

herein made shall be available to the extent of one-half

the actual purchase price of the certain private holdings

within sections 33, 34, 35, and 36, townshiJ? 4 south, range

21 east, Mount Diablo meridian, and sections 1, 2, ~1.4, 9,

10,11,12, 13, 14, townshil? 5 south, range 21 east .Mount

Diablo meridian, Califorma, and traversed in part by the

Yosemite-Mariposa Grove Road, and the President by

proclamation may add any or all of such lands and/or

Government lands to Yosemite National Park: Provided,

Acreagewith- That the public lands herein authorized to be withdrawn drawn. shall not exceed 5,664 acres, the same being within -presAdcIJtiona1 ent national forests: Provider])further, That in addItion

=:: ~. to the amount herein appropriated, the authority granted

to the Secretary of the Interior in the Interior Department Appropriation Act for the fiscal year. 1930, to incur obligations and enter into contracts. for additional

acquisition of such lands and/or timber is, to the extent

of $1,000,000, hereby continued until availed of as matching funds from outside sources are donated for the same

purpose, and his action in doing so shall be considered

contractual obligations of the Federal Government: Prot~:b~~_ for '!-,idea further, That the sum herein appropriated shall be

tiona. available to reimburse anr future donor of privately

owned lands and/or standmg timber within the bOQIldaries of any existing national park Or national monument to the extent of one half the actual purchase price

thereof: Provided fwrther, That as part consideration

for the purchase of lands. the Secreta.ry of the Interior

may, in his discretion and upon such conditio:ns as he

deems proper, lease lands purchased to the grantors for

periods, however, not to exceed the life of the particular

grantor, and the matching of funds under the provisions

hereof shall ,not be governed by any cash value placed

upon such leases: Provided furtlier, That appropriations

fo~e~= heretofore and herein made for the purchase of privately

owned lands and/or standing timber in the national

parks and national monuments shall be available for the

payment in full of expenses incident to the purchase of

PaymentIDfullsaid lands and/or standing timber: Provided further, ofpurchaseprice.That not to exceed $200,000 of this appropriation shall

be, and is hereby, authorized to be use? in the fiscal year

1931 and thereafter for the payment m full of the purchase price of any said lands and/or standing timber as

may be agreed to by the Secretary of the Interior, said

amount to be matched by subsequent donations which are

not allotted for the purchase of any specific lands by the

donor, the total expenditure of the Federal Government

LImitonMY in anyone national park or monument for acquisition of

oneproject. such lands therein not to exceed 50 per centum of the

total cost of such lands acquired hereafter in any such

park or monument.

* *

LeasaI permitted.

I'rot1Uu.

ODe ba1f P1IJ'o

ebase price for

d~~

boldi DIlL

Hatched by

subsequent

donations.

. . *
5. Mount Rainier National Park

Act of March 2,1899, setting aside certain lands in the State of Washington

as Mount Rainier National Park__________________________________

Act of Legislature of Washington, approved March 16, 1901, ceding to the

United States exclusive jurisdiction over Mount Rainier National Park_

Act of June 30, 1916, accepting cession by Washington of exclusive jurisdiction over lands embraced within Mount Rainier National Park_____

Excerpt from Sundry Civil Act of May 27, 1908, prohibiting mining locations within Mount Rainier National Park __ __ ____ __ __ __ ____ _______

Excerpt from Sundry Civil Act of June 12,1917, authorizing acceptance of

patented lands and rights of way in Mount Rainier National Park that

may be donated for park purposes_________________________________

Act of May 28, 1926, revising the boundary of Mount Rainier National

Park__________________________________________________________

Excerpt from act of January 26, 1931, to provide for uniform Ildministration of the national parks, repealing grants of rights of way within Mount

Rainier National Park, except for establishment and operation of a

tramway or cable line or lines_____________________________________

Act of January 31,1931, extending the south and east boundaries of Mount

Rainier National Park__ __ ___ ___ _________

An Act To set aside a portion of certain lands in the State of Washington, now known as the" Pacific Forest Reserve," as a public

park to be known as "Mount Rainier National Park," approved

March 2, 1899 (30 Stat. 993)

Be it enactea by the Senate and House of Representatives of the United States of .Arnerica in Oongres8

assernbled, That all those certain tracts, pieces, or parcels MountRainier

of land lyin g and bein g in the State of Washin gton and NationalPark,

, Wash.,estabwithin the boundaries particularly described as follows~ lIsbed.

to wit: Beginning at a point three miles east of the.

northeast corner of township numbered seventeen north~

of range six east of the Willamette meridian; thence

south through t.he cent.ral parts of townships numbered Location.

seventeen, sIxteen, and fifteen north, of range seven east

of the 'Villamette meridian, eighteen miles more or less,

subject to the proper easterly or westerly offsets, to a

point three miles east of the northeast corner of township

numbered fourteen north, of range six east of the "Villamette meridian; thence east on the township line

between townships numbered fourteen and fifteen north,

eighteen miles more or less to a point three miles west of

the northeast corner of township fourteen north, of range

ten east of t.he Willamette meridian; thence northerly,

subject to the proper easterly or westerly offsets, eighteen

miles more or less, to a point three miles west of t.he

northeast corner of township numbered seventeen north,

of range ten east of the Willamette meridian (but in

locating said easterly boundary, wherever the summit of

the Cascade Mountains is sharply and well defined, the

101

Pap

101

103

104

107

108

108

109

109
102 LAWS FOR NAT. PARK SERVICE, PARKS, &; MONUMENTS

said line shall follow the said summit, where the said

summit line bears west of the easterly line as' herein

determined); thence westerly aJong the township line between said townshi{>s numbered seventeen and eighteen

to the place of begInning, the same being a portIOn of

the lands which were reserved from entry or settlement Vol.17,p.1063.and set aside as a public reservation by proclamation of

the President on the twentieth day of February, in the

year of our Lord eighteen hundred and ninety-three, and

of the Independence of the United States the one hundred

and seventeenth, are hereby dedicated and set apart as a

public park, to be known and designated "as the" Mount

Rainier National Park," for the benefit and enjoyment

of the people; and all persons who shall locate or settle

upon or occuPy the same, or any part thereof, except as

hereafter provIded, shall be considered trespassers and be

removed therefrom. (U.S.C., title 16, sec. 91.)

~=~:>'too~~e SEC.2. That said .public park shall be under the excluregulations, eta. sive control of the Secretary of the Interior, whose duty

it shall be to makeI and publish, as soon as practicable,

such rules and regulations as he may deem necessary or

proper for the care and management of the same. Such

regulations shall provide for the preservation from injury or spoliation of all timber, mineral deposits, natural

curiosities, or wonders within said park, and their reten-

~i~' tion in their natural condition. The Secretary may, in

~~~~~

by89his discretion, grant parcels of ground at such places in

amended.' -:00 said park as shall require the erection of buildings for pp.&-12.) the a,ccommodation of visitors; all of the proceeds of said

leases, and all other revenues that may be derived from

any source connected with said park, to be expended

under his direction in the management of the same and

the construction of roads and bridle paths therein. And

through the lands of the Pacific Forest Reserve adjoining

said park rights of way are hereby .granted, under such

restrictions and regulations as the Secretary of the Interior may establish, to any railway or tramway company

or companies, through the lands of said Pacific Forest

Reserve, and also into said park hereby created, for the

purpose of building, constructing, and operating a railway, constructing and operating it railway or tramway

line or lines, through said lands, also into said park.1

He shall provide against the wanton destruction of the

Protectionof fish and !rame found within said Park , and a!!ainst their IIsb and game. ~ ~

Trespassers. capture or destruction for the purposes of merchandise

or profit. He shall also cause all persons trespassing upon

the same after the passage of this act to be removed

therefrom, and generally shall be authorized to take all

such measures as shall be necessary to fully carry out the

objects and purposes of this act. (U.S.C., title 16,

sec. 92.)

Rigbts of way

to park granted

througb Pacific

Forest Reserve.

'01Repel)lerl. so far as relates to lands within Mount Rainier National

parI,. by 46 Stat. 1044. See p. 109.
LEGISLATION RELATlXG TO NATIONAL PARKS 103

SEC. 3. That upon execution and filing with the Secre- Grantoflandto

tar y of the Interior , by the Northern Pacific Railroad N'!rtbem.Pacllic

. . railroadIn ex- Company, of proper deed releasmg and conveymg to the ch,,:ngeforland

U

.

d S 1 I d

.

1

.

h b t d

relinquished. mte tates t Ie an s m t Ie reservatIOn ere y crea e ,

also the lands in the Pacific Forest Reserve which have

been heretofore granted by the United States to said

company, whether surveyed or unsurveyed, and which lie

opposite said company's constructed road, said company

is hereby authorized to select an equal quantity of nonmineral public lands, so classified as non mineral at the

time of actual Government survey, which has been or

shall be made, of the United States not reserved and to

which no adverse right or claim shall have attached or

have been initiated at the time of the making of such

selection, lying within any State into or through which

the railroad of said Northern Pacific Railroad Company

runs, to the extent of the lands so relinquished and released to the United States: Provided, That any settlers t°'1°' d t

on lands in said national park may relinquish their rights s::'t~e":~s 0

thereto and take other public lands in lieu thereof, to the

same extent and under the same limitations and conditions as are provided by law for forest reserves and

national parks. (U.S. C., title 16, sec. 93.)

SEC. 4. That upon the filing by the said railroad com- Patent.

pany at the local land office of the land district in which

any tract of land selected and the payment of the fees

prescribed by law in analogous cases, and the approval of

the Secretary of the Interior, he shall cause to be executed, in due form of law, and deliver to said company a

patent of the United States conveying to it the lands so

selected. In case the tract so selected shall at the time of

selection be unsurveyed, the list filed by the company at DescriptionIn

h I II d ffi h II d

.

b h

. .

h

selection list of t e oca an 0 Ce s a escI'l e suc tract In suc man- unsurveyedland,

ner as to designate the same with a reasonable degree of etc.

certainty; and within the period of three months after

the lands including such tract shall have been surveyed

and the plats thereof filed by said local land office, a new

selection list shall be filed by said company, describing

such tract according to such survey; and in case such

tract, as originally selected and described in the list filed

in the local land office, shall not precisely conform with

the lines of the official survey, the said company shall be

permitted to describe such tract anew, so as to secure such

conformity.

M' a1 I d SEC. 5. That the mineral-land laws of the United States la~:rexte:ded

are hereby extended to the lands lying within the said ~~,!;:~~~d by 85

reserve and said park. Stat. 865. See p.l07.)

Act of Legislature of Washington, approved March 16, 1901, ceding

to the United States exclusive jurisdiction over Mount Rainier

National Park in the State of Washington. (Laws of Washington, 1901, p. 192)

Exclusive jurisdiction shall be, and the same is hereby.

ceded to the United States over and within all the terri-
104 LAWS FOR NAT. PAHK SERVICE, PARKS, & MONUMENTS

tory which is now or may hereafter be included in that

tract of land in the State of Washington set aside for the

purposes of a national park and known as "Rainier National Park," saving, however, to the said State the right

to serve civil or criminal process within the limits of the

aforesaid park in suits or prosecutions for or on account

of rights acquired, obligations incurred, or crimes committed in said State, but outside of said park, and saving

further to the said State the right to tax persons and

corporations, their franchises and property, on the lands

included in said park: Provided, however, That jurisdic:

tion shall not vest until the United States, through the

proper officer,notifies the governor of this State that they

assume police or military jurisdiction over said park.

An Act To accept the cession by the State of Washington of exclusive jurisdiction over the lands embraced within the Mount

Rainier National Park, and for other purposes, approved J'une

30, 1916 (39 Stat. 243)

MountRainier Be it enacted by the Senate and House of Representa-

~=~l Park, tives of the United States of America in Oongress a8sem-

~~, j=lct~;n bled, That the p;ovi~ions of the act of the legis~ature of

W~blngtonto the State of Wasillngton, approved March sIxteenth,

~~~edp~=' nineteen hundred and one, ceding to the United States

etc. .

exclusive jurisdiction over the territory embraced within

the Mount Rainier National Park, are hereby accepted

and sole and exclusive jurisdiction is hereby assumed by

the United States over such territory, savmg, however,

to the said State the right to serve civil or criminal

process within the limits of the aforesaid park in suits

or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but

outside of said park, and saving further to the said State

the right to tax persons and corporations, their franchises

and property, on the lands included in said park. All

the laws applicable to places under the sole and exclusive

jurisdiction of the_ United States shall have force and

effect in said park: All fugitives from justice taking

refuge in said park shall be subject to the same laws as

refugees from justice found in the State of Washington.

(U.S.C., title 16, sec. 95.)

~:1.hr':g: of SEC. 2. That said park shall constitute a part of the

westerndistrict.United States judicial district for the western district of

Washington, and the district court of the United States

in and for said district shall have jurisdiction of all

offenses committed within said boundaries. (U.S.C.,

titie 16, sec. 96.)

~~~_ SEC. 3. That if any offense shall be committed in the

tonlaws. Mount Rainier National Park, which offense is not prohibited or the punishment for which is not specifically

provided for by any law of the United States, the

offender shall be subject to the same punishment as the

laws of the State of Washington in force at the time of

the commission of the offense may provide for a like
LEGISLATION RELATING TO NATIONAL PARKS 105

offense in said State; and no subsequent repeal of any

such law of the State of Washington shall affect any

prosecution for said offense committed within said park.

(U.S.C., title 16, sec. 97.) H tl fish 11h '

.

h 1

.

11' d

. un ng, mg, SEC. 4. That a untmg or ten mg, woun mg, or etc.,probibited.

capturing at any time of any wild bird or animal, except

dangerous animals when it is necessary to prevent them

from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor

shall any fish be taken out of the waters of the park in

any other way than by hook and line, and then only at

such seasons and in such times and manner as may be

directed by the Secretary of the Interior. That the Sec- Regulations, etc.

retary of the Interior shall make and publish such rules

and regulations as he may deem necessary and proper for

the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral

deposits other than those legally located prior to the passage of the Act of May twenty-seventh, nineteen hundred :01. 3:07P,365.

and eight (Thirty-fift.h Statutes, page three hundred and eep. ,

sixty-five), natural curiosities, or wonderful objects

within said park, and for the protection of the animals

and birds in the park :from capture or destruction, and to

prevent their being frightened or driven from the park;

and he shall make rules and regulations governing the

taking of fish from the streams or lakes in the park.

P

.

'th O .d k f 1 d d b d" OSSeSSlOn WI Evidence of In sal par 0 t Ie ea 0 Ies, or any violations.

part thereof, of any wild bird or animal shall be prima

facie evidence that the person or persons having the same

are gu ilt y of "iolatin g this Act. An y Person or Persons P.unis~ment for

.

, violatIOns,

or stage or express company, or raIlway company, who

knows or has reason to believe t.hat they were taken or

killed contrary to the provisions of this Act and who

receives for transportation any of said animals, birds, or

fish so killed, caught, or taken, or who shall violate any

of the other provisions of this Act 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,

mineral deposits other than those legally located prior to

the PassaO'e of the Act of Ma y twent y -seventh nineteen Vol. 35. p. 365.

,..,.

"

, Seep. 107. hundred and eIght (ThIrty-fifth Statutes, page three hundted and sixty-five), natural curiosities, or wonderful

objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said

park commit any damage, injury, or spoliation to or upon

any building,. fence, hedge, gate, guidepost, tree, wood,

underwood, tImber, garden, crops, vegetables, plants,

land, springs, mineral deposits other than those legally

located prior to the passage of the Act of May twentyseventh, nineteen 'hundred and eight (Thirty-fifth Stat-
106

Forfeiture of

guns, traps, etc.

Commissioner.

Appointment,

authority, etc.

Judicial powers

in violations of

rules, eto.

.Appeals.

Procedure in

criminal esses.

LAWS FOR NAT, PARK SERVICE, PARKS, & MONUMENTS

utes, page three hundred and sixty-five), natural curiosities, or other matter or thing growing or being thereon

or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than

$500 or imprisonment not exceeding six months, or both,

and be adjudged to pay all costs of the proceedings.

(U.S.C., title 16, sec. 98.)

SEC. 5. That all guns, traps, teams, horses, or means of

transportation of every nature or description used by any

person or persons within said park limits when engaged

m killing, trapping, ensnaring, Or capturing such wild

beasts, birds, or animals shall be forfeited to the United

States and may be seized by the officers in said park and

held pending the prosecutIOn of any person or person:;

arrested under charge. of violating the provisions of this

Act, and upon conviction under this Act of such person

or persons using said guns, traps, teams, horses, or other

means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment

provided in this Act. Such forfeited property shall be

disposed of and accounted for by and under the authority

of the Secretary of the Interior. (U.S.C., title 16, sec.

99.)

SEC. 6. That the United States District Court for the

Western District of W ashin~on shall appoint a commissioner who shall reside in the park and who shall have

jurisdiction to hear and act upon all complaints made of

any violations of law or of the rules and regulations

made by the Secretary of the Interior for the government of the park and for the protection of the animals,

birds, and fish, and objects of interest therein, and for

other purposes authorized by this Act.

Such commissioner shall have power, upon sworn information, to issue process in the name of the United

States for the arrest of any person charged with the

commission of any misdemeanor, or charged with a violation of the rules and regulations, or with a violation

of any of the provisions of this Act prescribed for tho

government of said park and .for the protection of the

animals, birds, and fish in said park, and to try the person

so charged, and, if found guilty, to impose punishment

and to adjudge the forfeiture prescribed.

In all cases of conviction an appeal shall lie from the

judgment of said commissione~ to. the United .States District Court for the Wel"tern DIstrIct of W ashmgton, and

the United States district court in' said district shall

prescribe the rules of procedure and practice for said

commissioner in the trial of cases and for appeal to said

United States district court. (U.S.C., title 16, sec. 100.)

SEC. 7. That any such commissioner shall also have

power to issue process as hereinbefore provided foT' the

arrest of any person charged with the commission within

said boundaries of any criminal offense not covered by
LEGISLATION RELATING TO NATIONAL PARKS 107

the provisions of section four of this Act to hear the

evidence introduced, and if he is of opinion that probable

cause is shown for holdin~ the person so charged for trial

shall cause such person to be safely conveyed to a secure

place of confinement within the jurisdiction of the United

States District Court for the Western District of Washington, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which

court shall have jurisdiction of the case: Provided, That PrOfJi&o.

the said commissioner shall grant bail in all cases bailable Bail.

under the laws of the United States or of said State.

(US.c., title 16, sec. 101.)

SEC. 8. That all process issued by the commissioner Serviceof

~hall be directed to the marshal of the United States for process.

the western district of Washington, but nothing herein

contained shall be so construed as to prevent the arrest

by any officer or employee of the Government or any

person employed by the United States in the policing of

said reservation within said boundaries without process

of any person taken in the act of violating the law or

this Act or the regulations prescribed by said Secretary

as aforesaid. (US. C., title 16, sec. 102.)

SEC. 9. That the commissioner provided for in this Salary.-

Act shall be paid an annual salary of $1,500, payable.

quarterly: Provided, That the said commissioner shall ~~r.J:~e.

reside within the exterior boundaries of said Mount

Rainer National Park, at a place to be designated by the

court making such appointment: And provided fwrther, Disposaloffees.

That all fees, costs, and expenses collected by the commissioner shall be disposed of as provided in section

eleven of this Act. (U.S.C., title 16, sec. 103.)

SEC. 10. That all fees, costs, and expenses arising in UnitedStates

cases under this Act and properly chargeable to the fees,etc.

United States shall be certified, approved, and paid as

are like fees, costs, and expenses in the courts of the

United States. (US. C., title 16, sec. 105.)

SEC~11. Tha~ all fines !tnd costs. i~posed and colle~ted ~:aO~~fflnea

shall be deposIted by saId COmnllSSlOner of the Umted .

States, or the marshal of the United States collecting the

same, with the clerk of the United States District Court

for the Western District of Washingtori. (US. C., title

16, sec. 104.)

SEC. 12. That the Secretary of the Interior shall notify, Acc~Ptanceof

in writing, the governor of the State of Washington of cesson.

the passage and approval of this Act.

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending lune 30,

1909, and for other purposes," approved May 27, 1908 (35 Stat.

385)'

The location of mining claims under the mineral land MountRainier

laws of .the United States is prohibited within the area ~~t~~alParI£.

.Salary of United States commissioner amended by current ApproprIatIon Acts.

. Amends sectlon 5. 30 Stat. 993. See P. 103.
108 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Mininglocationsof the Mount Rainier National Park, in the State of

prohi.bited. Washington: Provided, howe'ver, That this provision

:~i::'ri'ghtsnot shall not affect existing rights heretofore acquired in affected. good faith under the mineral land laws of the United

States to any mining location or locations in said Mount

Rainier National Park. (U.S.C., title 16, sec. 94.)

Mo~nt Rainier Excerpt from "An Act Making appropriations for sundry civil ex-

~~~~~a~~. penses of the Government for the fiscal year ending June 30,

donated lands, 1918, and for other purposes," approved June 12, 1917 (40 Stat.

etc. 152) (Repealed by 46

Sta~. 1028, but The Secretar y of the Interior is authorized to accent subject matter. f" coveredby patented lands or nghts of way over patented lands m

~~'~:'4~i~~~6,the Mount Rainier National Park that may be donated

ffi Seep. for park purposes. (U.S.C., title 16, sec. 106.)

An Act To revise the boundary of the Mount Rainier National

Park in the State of Washington, and for other purposes, approved May 28, 1926 (44 Stat. 668)

Be it enacted by the Senate and House of Representatives of the United States of .America in Oongress

assembled, That the boundary of the Mount Rainier N ational Park is hereby changed so as to read as follows:

Beginning at park boundary monument numbered 1,

established on the east line of section 4, township 17

north, range 7 east, Willamette meridian, by a survey of

the boundaries of Mount Rainier National Park, Washington, by the General Land Office, plat dated April 17,

1909; thence southerly along the present west park

boundary line as established by said survey, being the

midtownship line of range 7 east, to its intersection with

the south bank of Nisqually River; thence easterly along

said bank to its intersection with the present south park

boundary line at a point east of J?ark boundary monument numbered 28, as established by said survey, being

the township line between townships 14. and 15 north;

thence easterly along said south park boundary line to

the southeast corner of the present park boundary;

thence northerly along the present east park boundary

line to park boundary monument numbered 59 as established by said survey, being the midtownship line of

range 10 east; thence due north to the south bank of

White River; thence northeasterly along said bank to a

point due east of park boundary monument numbered 67;

thence due west to said monument numbered 67; thence

westerly along the present north park boundary line, as

established by said survey, being the township line between townships 17 and 18 north, to its intersection withthe north bank of Carbon River; thence westerly along

said bank to a

j

oint due north of park boundary monUment numbere 1; thence due south to place of beginning; and all of those lands lying within the boundary

above described are hereby included in and made a part

of the Mount Rainier National Park; and all of those

Mount Rainier

National Park,

Wash.

Boundary modi.

fied.

Description.
LEGISLATION RELATING TO NATIONAL PARKS 109

lands of the present Mount Rainier National Park excluded from the park are hereby included in and made

a Part of the Rainier National Forest sub]' ect to all Exch,dedla,;,d,s

.' addedtoRaInier

national forest laws and regulatIOns. (D.S.C., 6th supp., NationalForest.

title 16, sec. 107.)

SEc. 2. That the provisions 'of the Aot of March 2,

1899, entitled, "An Act to set aside a portion of certain

lands in the State of Washington, now known as the Lawsextended

Pacific Forest Reserve,' as a public park, to be known \?Ol80 993

as the' Mount Rainier National Park,'

"

the Act of June SeeP.l(j1~' .

10, 1916, entitled "An Act to accept the cession by the Vol.89,p.248.

State of Washington of exclusive jurisdiction over the Seep.104.

lands embraced within the Mount Rainier National Park,

and for other purposes," the Act of August 25, 1916, en- Vol.89, p. 585.

titled "An Act to establish a national park service, and Seep.9.

for other purposes," and all Acts supplementary to and

amendatory of said Acts are made applicable to and

extended over the lands hereby added to the park: Provided, That the provisions of the Act of June 10, 1920, Pro!JilO.

entitled "An Act to create a Federal power commission;

to provide for the improvement of navigation; the development of water power' the use of the public lands in Fedel'DlPower

I

.

h d ' I t

.

18 f h R

. Act not applire atIOn t ereto; an to repea sec IOn 0 t elver cable.

and Harbor Appropriation Act, approved August 8, 1917, Vol.41,p. 1068.

and for other purposes," shall not apply to 01' extend

over such lands. (D.S.C., 6th supp., title 16, sec. 108.)

Excerpt from "An Act To provide for uniform administration of the

national parks by the United States Department of the Interior,

and for other purposes," approved January 26, 1931 (46 Stat.

1044)

The provisions of the Act of March 2, 1899 (30 Stat. Grantaof rigbts

993) .. h f d h

.. d

of way, repealed

, grantmg rIg ts 0 way, un er suc restrIctIOns an With,inMount'

re gulations as the Secretar y of the Interior ma y establish Raimer, Wash.

, Vol. 80, p. 998.

to any railway or tramway company or companies for the re~~led. See

purpose of building, constructing, and operating a railp. 1.

way, constructing and operating a railway or tramway

line or lines, so far as the same relate to lands within the

Mount Rainier National Park, Washington, are hereby

repealed: Provided, however, That nothing herein shall

be construed so as to prohibit the Secretary of the In- ~roll...ti.

terior from authorizing the use of land in said park under

xcepon.

contract, permit, lease, or otherwise, for the establishment'

and operation thereon of a tramway or cable line, or lines,

for the accommodation or convenience of visitors and

others. (D.S.C., 6th supp., title 16, sec. 92a.)

An Act To extend the south and east boundaries of the Mount

Rainier National Park, in the State of Washington, and for

other purposes, approved January 31, 1931 (48 Stat. 1047)

Be it enacted by the Se-na.te and House of Representa-

.

f h U

.

d S f A

. .

0

Mount Rainier

twes 0 t e n~te tates 0 menca ~n Qngress a8Sem- NationalPark,

bled, That the tract of land within the following~de- rasg. addd t

scribed boundaries be, and the same is hereby, excluded

.ana e 0.
110

Description.

RegulatiOD8 applicable to

additloD8.

PrOIlNO.

Free roadwaya.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

from the Rainier National Forest and is hereby added

to and made a part of the Mount Rainier National Park,

in the State of Washington:

Beginning at a point on the present east boundary of

Mount Rainier National Park one and one quarter miles

southerly from the northeast corner of the said park as

fixed bv the Act of May 28, 1926 (44 Stat. 668); thence

extendIng east to the summit of the hydrographic divide

between Silver Creek and White River; thence along the

summit of Crystal Mountain to the summit of the Cascade Mountains; thence southerly along the summit of

the Cascade Mountains to a point in section 20, township

15 north, range 11 east, Willamette meridian, whence flow

the waters of Bumping River to the east and Carlton and

Cougar Creeks to the south and west; thence southwesterly along the summit of the divide between Carlton

Creek and the waters flowing into the main fork of

Ohanapecosh River to the quarter section line of section

9, township 14 north, range 10 east, Willamette meridian;

thence westerly along the quarter section line of sections

9, 8, and 7 to the west boundary of said township; thence

due west to the right or west bank of Muddy Fork of the

Cowlitz River; thence northerly along the right bank of

said Muddy Fork to a point exactly due Qast of post

numbered 34 on the south boundary of Mount Rainier

National Park as surveyed in 1908; thence due west to

said post numbered 34 ~thence along the boundary of said

park as surveyed in 1908 to post numbered 35; thence

easterly along the south boundary of said national park

as surveyed in 1908 to the southeast corner thereof;

thence northerly along the east boundary of said national

park as surveyed in 1908 to I?ost numbered 59; thence

along the east boundary of saId park as revised by the

Act of May 28, 1928, supra, northerly to the point of

beginning. (U.S.C., 6th supp., title 16, sec. 109.)

SEC. 2. All laws applicable to and in force within the

Mount Rainier National Park as of the date hereof, and

all regulations issued pursuant thereto, are hereby made

applicable to and extended over the land added to the

said park by this Act: Provided, That no fee or charge

shall be made by the United States for the use of any

roads in said park built or maintained exclusively by the

State of Washington. (U.S. C., 6th supp., title 16, sec.

110.)
6. Crater Lake National Park

Act of May 22, 1902, reserving a certain tract of land from public lands in

AC?~fg~g~:l:t~~eb~f 8:;:;~; ~ppr~~~~f j ~~~~;y -25,-i 9is,- ~edi~i ~~~i~;i~~

jurisdiction to the United States over Crater Lake National Park_____

Act of August 21, 1916, accepting cession by Oregon of exclusive jurisdiction over lands embraced within the Crater Lake National Park______

Excerpt from Sundry Civil Act of June 12, 1917, authorizing acceptance of

patented lands and rights-of-way in Crater Lake National Park that may

be donated for park purposes__ ____-- --- - - - - - --- -- -- -- - - ----- Act of June 7, 1924, accepting certain tracts of land in Medford, Jackson

County, Oreg., as sites for administration buildings of the Crater Lake

National Park_ _________-

_-

-- -- - - - - - --- - - - - -- - - - - -- - - - - --- - - - ---

Act of May 14, 1932, adding certain land to Crater Lake National Park__

Act of May 14, 1932, authorizing the acquisition of additional land in Medford, Oreg., for use in administration of the Crater Lake National Park__

An Act Reserving from the public lands in the State of Oregon, as

a public park for the benefit of the people of the United States,

and for the protection and preservation of the game, fish, timber,

and all other natural objects therein, a tract of land herein

described, and so forth, approved )lay 22, 1902 (32 Stat. 202)

B.e it enacted by the Senate and H OU8eof Representa- Publiclands

tives of the United States of America in Oongress CraterLake'Na.

assembled, That the tract of land bounded north by the g~:: ~t~~.

parallel forty-three degrees four minutes north latItude, liBhed.

south by forty-two degrees forty-eight minutes north Boundaries.

latitude, east by the meridian one hundred and twentytwo degrees west longitude, and west by the meridian

one hundred and twenty-two degrees sixteen minutes west

longitude, having an area of two hundred and forty-nine

&quare miles: in the Stat~ of Oregon, and including

Crater Lake, is hereby reserved and withdrawn from

settlement, occupancy, or sale under the .laws of the

United States, and dedicated and set apart forever as a

public park or pleasure ground for the benefit of the

people of the United States to be known as "Crater

Lake National Park." (U.S.C., title 16, sec. 121.)

SEC. 2. That the reservation established by this act Regulationa. etc.,

shall be under the control and custody of the S~cretary of ~Kte~i:retaryof

the Interior, whose duty it shall be to establish rules'

and regulations and cause adequate measures to be taken

for the preservation of the natural objects within said

park, and also for the protection of the timber from

wanton depredation, the preservation of all kinds of

game and fish, the punishment of trespassers, the removal

of unlawful occupants and intruders, and the prevention and extinguishment of forest fires. (U.S. C., title 16,

sec. 122.)

111

Page

111

112

113

116

116

117

117
112 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Settlementin, SEC. 3. That it shall be unlawiul for any person to

etc., prohibited.establish any settlement or residence within said reserve,

or to engage in any lumbering, or other enterprise or

business occupation therein, or to enter therein for any

speculative purpose whatever, and any person violating

the provisions of this act, or the r~les and regulations

established thereunder, shall be punished by a fine of not

more than five hundred dollars, or by imprisonment for

not more than one year, and shall further be liable for

all destruction of timber or other property of the United

Provilo.. States in consequence of any such unlawful act: ProAdmilllionof vided, That said reservation shall be open, under such visitors,etc. regulations as the Secretary. of the Interior may prescribe, to all scientists, excursionists, and pleasure seeKers and to the location of mining claims and the working

H tel tc of the same: And provided furtlwr, That restaurant and

mi~. e ., per.hotel keepers, upon application to the Secretary of the

~t.'f.~~~ ~

811Interior, may be permit~ed by him to establish places of

ame3~~~';See pp.. entertainment within the Crater Lake National Park for

the accommodation of visitors, at places and under regulations fixed by the Secretary of the Interior, and not

otherwise. (U.S. C., title 16, sec. 123.)

Penalties.

Act of Legislature of Oregon, approved ;January 25, 1915, ceding to

the United States exclusive jurisdiction over Crater Lake National Park in the State of Oregon. (Oregon Laws, 1920, vol. II,

p. 3487.)

Be it enacted by the people of the State of Oregon,

That exclusive jurisdiction shall be, and the same is

hereby, ceded to the United States over and within all the

territory which is now, or may hereafter be, included in

that tract of land in the State of Oregon set aside by an

act of Congress, approved May 22, 1902, entitled "An

Aet reserving from the public lands in the State of Oregon, as a public park for the benefit of the people of the

United States, and for the protection and preservation of

the game, fish, timber, and all other natural objects

therein, a tract of land herein described, and so forth,"

for the purposes of a national park, known and designated as Crater Lake National Park; saving, however, to

the said State the right to serve civil or criminal process

within the limits of the aforesaid park in any suits or

prosecutions for, or on account of, rights acquired, obligations incurred, or crimes committed in said State but

outside of said park; and saving further to the said State

the right. to tax persons and corporations, their franchises and property on lands included in said park: Provided, however, That jurisdiction shall not vest until the

United States, through the proper officers, notifies the

Governor of said St!lte that they assume police and military jurisdiction over said park.

SEC. 2. All acts and parts of acts in conflict with this

act are hereby repealed.
LEGISLATION RELATING TO NATIONAL PARKS 113

SEC,3. Inasmuch as at this time there exists confusion

concerning the jurisdiction of the Federal and State

courts over the property and within the territory in this

Act described, the passage of this Act is declared to be

immediately n~cessary for the immediate protection of

the peace, health., and safety of the State, and an emergency is hereby declared to exist, and this Act shall go

into immediate force and effect fr.om and after its passage

and approval by the Governor.

An Act To accept the cession by the State of Oregon of exclusive

jurisdiction over the lands embraced within the Crater Lake

National Park, and for other purposes, approved August 21,

1916 (39 Stat. 521)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That the ~rovisions of the act of the Legislature of

the State of Oregon, approved January twenty-fifth,

nineteen hundred and fifteen, ceding to the United States

exclusive jurisdiction over the territory embraced within

the Crater Lake National Park, are hereby accepted and ~~~~:-WLa;:rk

sole and exclusive jurisdiction is hereby assumed by the Oreg. '

U ' d S h " h th Sole Jurled!c- nlte. tates over suc terntory, saving, owever, to e tion over, ceded

said State the right to serve civil or criminal process ~i~~~~ within the limits of the aforesaid park in suits or prose- Statepl'OCelll.

cution for or on account of rights acquired, obligations etc.

incurred, or crimes committed in said State but outside

of said park, and saving further to the said State the

right to tax persons and corporations, their franchises

and property, on the lands included in said park. All the

laws applicable to places under the sole and exclusive

jurisdiction of the United States shall have force and

effect in said park. All fugitives from justice taking

I'efuge in said park shall be subject to the same laws as

refugees from justice found in the State of Oregon.

(U.S.c., title 16, sec. 124.)

SEC. 2. That said park shall constitute a part of the Jurisdictionof

U

.

,

d S t

.

d'

.

1 d '

,

f 0 d h d

. Oregon Judicial

mte ta es )U ICla Istrlct or regon, an t e IS- district.

trict court of the United States in and for Oregon shall

have jurisdiction of all offenses committed within said

boundaries. (U.S. C., title 16, sec. 125.)

SEC. 3. That if any offense shall be committed in the ~3~=n

Crater Lake National Park, which offense is not pro- la_

hibited or the punishment for which is not specifically

provided for by any law of the United States, the offender shall be subject to the same punishment as the

laws of the State of Oregon in force at the time of the

commission of the offense may provide for a like offense

in said State; and no subsequent repeal of any such law ,

of the State of Oregon shall affect any prosecution for

.said offense committed within said park. (U.S.C., title

16, sec. 126.)

SEC. 4. That all hunting or the killing, wQunding, or Huntingfishing,

~pturing at any time of any wild bird or animal, except etc.,prohibited.
114 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

dangerous I!-nimalswhen it is necessary to prevent them

from destroying human lives. or inflictmg injury, is prohibited within the limits of said park; nor shall any fish

be taken out of the waters of the park in any other way

than by hook and line, and then only at such seasons and

in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior

Regulations, etc.shall make and publish such rules and regulations as he

may deem necessary and proper for the management and

care of the park and for the protection of the property

therein, especially for the preservation from injury or

spoliation of all timber, mineral deposits other than those

legally located prior to the passage of this Act, natural

curiosities, or.wonderful objects within said park, and for

the protection of the animals and birds in the park from

capture 01'destruction, and to prevent their being frightened 01' driven from the park; and he shall make rules

and regulations governing the taking of fish from the

streams or lakes in the parl(. Possession within said park

of the dead bodies, or any part thereof, of any wild bird

or animal shall be prima facie evidence that the person

or persons having the same are guilty of violating this

~~=~t for Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to

believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation

any of said animals, birds, or fish so killed, cau~ht, or

taken, or who shall violate any of the other provislOns of

this Act 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 spoliat~on of timber, mineral deposits other

than those legally located prior to the passage of this

Act, natural curiosities, or wonderful objects within said

park, or for the protection of. the animals, birds, or fish

m the park, or who shall within said park commit any

damage, i"njury, or spoliation to or upon any building,

fence, hedge, gate, guidepost, tree,-wood, underwood, timber, garden, crops, vegetables, plants, land, spring, mineral deposits other than those legallY.'located prior to the

passage of this Act, natural curiosIties, or other matter

or thing growing or being thereon or situate therein, shall

be deemed guilty of a misdemeanor, and shall be subject

to a fine of not more than $500 or imprisonment not

exceeding six months, or both, and be adjudged to pay all

costs of the proceedings. (U.S.C., title 16, sec. 127.) Forfeitureof POI, SEC.5. That all guns, traps, tea.ms, horses, or means of trapa,etc. .

transportatIon 0f every nature or d eSCI'l'ptlOn " use d by any

person or persons within said park limIts when engaged

in killing, trapping, ensnaring, Or capturing such wild

beasts, birds, or animals shall be forfeited to the United

States and may be seized by the officers in said park and

Evidence of

violations.
LEGISLATION RELATING TO NATIONAL PARKS 115

held pending the prosecution of any person or persons

arrested under char~e of violating the provisions of thiR

Act, and upon convIction under this Act of such person

or persons using said guns, traps, teams, horses, or other

means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment

provided in this Act. Such forfeited property shall be

disposed of and accounted for by and under the authority

of the Secretary of the Interior. (U.S.C., title 16, sec.

128.)

SEC. 6. That the United States District Court for

Oregon shall appoint a commissioner who shall reside in ~m'iI~ODr'

the park and who shall have jurisdiction to hear and act agt'b;;~ty,~.

upon all complaints made of any violations of law or of

the rules and regulations made by the Secretary of the

Interior for the government of the park and for the protection of the animals, bir<k, and fish, and objects of

interest therein, and for other purposes authorized by

this Act.

Such commissioner shall have power, upon sworn in- JUdlclal~wer

formatIOn, to issue process in the name of the United ~~.0~0D8of

States for the arr.est of any person charged with the commission of any mh;d~meanor, or charged with a violation

of the rules and regulations, or with a violation of any

of the provisions of this Act prescribed for the government of said park and for tl}e protection of the animals,

birds, and fish in said park, and to try the person so

charged, and if found guilty, to impose punishment and

to adjudge the forfeiture prescribed.

In all cases of conviction ,an appeal shall lie from the Appeals.

judgment of said commissioner to the United States District Court for Oregon, and the United States court in

said district shall prescribe the rules of procedure and

practice for said commissioner in the trial of cases and

for appeal to said United States District Court. (U.S.C.,

title 16, sec. 129.)

SEO. 7. That any such commissioner shall also have p:crdu{ein

power to issue process as hereinbefore provided for the c m DR -

arrest of any person charged with the commission within

said boundaries of any criminal offense not covered by

the provisions of section four of this Act to hear the eVIdence introduced, and if he is of opinion that probable

cause is shown for holding the person so charged for

trial shall cause such person to be safely conveyed to a

secure place of confinement within the jurisdiction of the

United States District Court for Oregon, and certify a

transcript of t.he record of his proceedmgs and the testimony in the case to said court, which court shall have

jurisdiction of the case: Prwided, That the said com- ProtlUo.

missioner shall grant bail in all cases bailable under the Ban.

laws of the United States or of said State. (U.S.C., title

16, sec. 130.)

SEC. 8. That all process issued by the commissioner Servleeof

shall be directed to the marshal of the United States for proce&
116 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

the district of Oregon, but nothing herein contained shall

be so construed as to prevent the arrest by any officer or

employee of the Government or any person employed by

the United States in the policing of said reservation

within said boundaries without process of any person

taken in the act of violating the law or this Act or the

regulations prescribed by said Secretary as aforesaid.

(U.S. C., title 16, sec. 131.)

SEC. 9. That the commissioner provided for in this

Act shall be paid an annual salary of $1,500, payable

Pr01JUOI. quarterly: Provided, That the said commissioner shall

Residence. reside wifuin the exterior boundaries of said Crater Lake

National Park, at a place to be designated by the court

Disposal offees,making such appointment: Provided fwrther, That all

etc. fees, costs., and expenses co.llect~d by ~he commission~r

shall be disposed of as provided m sectIOn eleven of this

Act. (U.S.C., title 16, sec. 132.)

SEC. 10. That all fees, costs, and expenses arising in

cases under this Act and properly chargeable to the

United States shall be certified, approved, and paid as are

like fees, costs, and expenses in the courts of the United

States. (U.S.C., title 16, sec. 133.)

~;r~~flnes SEC. 11. That aU fines and costs imposed and collected

shall be deposited by said commissioner of the United

States, Or the marshal of the United States collectin~ the

same, with the clerk of the United States District liourt

for Oregon. (U.S.C., title 16, sec. 134.)

SEC.12. That the Secretary of the Interior shall notify,

in writing, the governor of the State of Oregon of the

passage and approval of this .Act.

Salary.

ijnited States

fees, etc.

Acce\ltance of

cession.

Excerpt from" An Act Making appropriations for sundry civil expensps of the Government for the 1iscal year ending lune 30,

1918, and for other purposes," approved June 12, 1917(40 Stat.

152)

CraurLake Th S t f h I " h

.

NationalPark. e ecre ary 0 t e nterlOr IS aut ol'lze d to acce:pt

i~~3: patented la.nds or rights of way .over patented lands 10

(~Ied ' the Crater Lake National Park that may be donated for

8ta~.1028,btu~6park purposes. (U.S.C., title 16, sec. 135.)

8UbJect matter

~~-:'c~ ~ftle 16,An Act Accepting certain tracts of land in the city of Medford,

see.6, 41 Stat. lackson Cou.nty, Oregon, approved lune 7, 1924 (43 stat. 606) 917. Seep.13.) .

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress aRsem-

~ra~ LakeNa.bled, That the Secretary of the Interior be, and he is

g~eg.

Park, hereby, authorized to accept certain tracts of land in the

~C:P:'~Jfg:d city of Medford, Jackson County, Oregon, described as

oflots,assites lots numbered 15 and 16, block 9, amended plat to Queen for buildingsIn.Ann Addition to the city of Medford; and lot 3, block 2,

central subdivision to the city of Medford, which have

been tendered to the United States of America in fee

simple by the city of Medford, Oregon, as sites for buildings to be used in connection with the administration of

Crater Lake National Park, Oregon.
LEGISLATION RELATING TO NATIONAL PARKS 117

An Act To add certain land to the Crater Lake National Park in

the State of Oregon, and for other purposes, approved May 14,

1932 (47 Stat. 155)

Be it enacted by the Senate a;nd House of Representa- g~.:- pr:,~eNa.

tives of the United States of America in Oongress a8sem- Oreg. '

bled. That all of that certain tract described as follows:

Beginning on the south boundary line of Crater Lake

Nationnl Park at four mile post numbered 112; thence

~

ia~~edto.

west along the south boundary line of said park four and r

p on.

twenty-six one-hundredths chains which is the northwest

corner of this tract; ~hence south one hundred and fourteen and forty-two one-hundredths chains; thence south

forty degrees fifty-nine minutes east, eighty-four and

thirty-nine one-hundredths chains; thence east fifteen and

thirteen one-hundredths chains to highway stake numbered 130; thence north eighty-nine degrees thirty minutes

east, eighteen and six one-hundredths chains; thence north

twenty and eighty-three one-hundredths chains; thence

north nineteen degrees and forty minutes west, one hundred and twenty-six and four one-hundredths chains;

thence north twenty-seven degrees fifty-two minutes west

forty-three and fifty one-hundredths chains to the south

boundary of Crater Lake National Park; thence west Transferredfrom twenty-four chains following the south boundar ;

of said CraterNational

park to the place of beginning, in t.he State 0 Oregon Forest.

be, and the same is hereby, excluded from the Crater

National Forest and made a part of the Crater Lake

National Park subject to all laws and regulations applicable to and governing said park. (U.S. C., 6th supp.,

title 16, sec. 121a.)

An Act To authorize the acquisition of additional land in the city

of Medford, Oregon, for use in connection with the administration of the Crater Lake National Park, approved May 14, 1932

(47 Stat. 156)

Be it enacted by the Senate a;nd House of Repr'esenta- Cratt-.rLakeNat

.

f

t

J. U

.

t d St t

f A

. .

0

tional Park, ~V.eS0 ne n~ e a es 0 merzca ~n ongress assem- Oreg.

bled, That the Secretary of the Interior be, and he is ::i~~Jf b:'~

hereby, authorized to acquire on behalf of the United.Med~JfuOreg.,

States for use in connection with the present administra- :'thorize:i~to,

tive headquarters of the Crater Lake National Park, that

certain tract of land in the city of Medford, Jackson

County, Oregon, adjoining the present headquarters site

and described as lot 4, block 2, central subdivision to said

city of Medford, Oregon, which tract of land has been

offered to the United States for the pur.pose aforesaid by

the city of Medford, Oregon, free and clear of all encumbrances for the consideration of $300.

SEC. 2. That not to exceed the sum of $300 from the Price.

unex p ended balance of ap nro p riations heretofore made Fund available.

.. Vol.46. p. 11M. for the acquisition of prIvately owned lands and/or

standing timber within the national parks and national

monuments be, and the same is hereby, made available

for the acquisition of land herein authorized.
7. Platt National Park

Page

Excerpt from act of July I, 1902, ratifying and confirming an agreement

with the Choctaw and Chickasaw Indian tribes to cede certain lands to

the United States_ ___ __ __ ___ __ _ _ __ _ ___ ___ ___ _ __ _ __ __ _ __ _ __

Excerpt from Indian Department Appropriation Act of April 21, 1904,

makin~ appropriation for fulfilling treaty stipulations with various tribes

of IndIans, etc_ __ __ __ __ ___ _ __ _ _ __ _ ___

Exce~t from act of June 16, 1906, to enable people of Oklahoma and

Indian Territory to form a constitution and State government, etc.,

retaining exclusive jurisdiction over Sulphur Springs Reservation, etc__

Joint resolution of June 29, 1906, directing that Sulphur Springs Reservation be named" Platt National Park" __ _ __ __ __ _ _ _ _ __ __ __ __ _ _ __ ____

118

119

121

121

Excerpt from "An Act To ratify and confirm an agreement with

the Choctaw and Chickasaw tribes of Indian.s, and for other purposes," approved July 1, 1902 (32 Stat. 655)

Be it enacted by the Senate ~ House of Representatives of the United States of America in OO'f,l,gressaBsem3:'::i~,,;lmvre bled, That the following agreement, made by the Com-

~tiflTri:a f

mission to the Five Civilized Tribes with the commisasree:en~nJth sions representing the Choctaw and Chickasaw tribes of ~J;:.~w andIndians on the twenty-first day of March, nineteen hun.

Indians. dred and two, be, and the same is hereby, ratified and

confirmed, to wit:

* * * *

.

SulphurSprings. 64. The two tribes hereby absolutely and unqualifiedly

~Ifa~:' adja- relinquish, cede, and convey unto the United States a

tract or tracts of land at and in the vicinity of the village

Limitofacreage.of Sulphur, in the Chickasaw :IS"ation, of not exceeding

six hundred and forty acres, to be selected, under the

direction of the Secretary of the Interior, within four

months after the final ratIfication of this agreement, and

to embrace all the natural springs in and about said village and so much of Sulphur Creek, Rock Creek, Buckhorn Greek, and the lands adjacent to said natural springs

and creeks as may be deemed necessary by the Secretary

of the Interior for the proper utilization and control of

said springs and the waters of said creeks, which lands

shall be so selected as to cause the least interference with

the contemplated town site at that 'place consistent with

the purposes for which said cession is made, and when

selected the ceded lands shall be held, owned, and contrpl1ed by the United States absolutely and without any

;~: =~:g: m: restriction, save that no part thereof shall be platted or

disposed of for town-site purposes during the existence

of the two tribal governments. Such oth~r lands as may

be embraced in a town site at that point shall be disposed

118
LEGISLATION RELATING TO NATIONAL PARKS 119

cf in the manner provided in the Atoka agreement for

the disposition of town sites. Within ninety days after

the selection of the lands so ceded there shall be deposited

in the T:reasury of the United States, to.ti1e credit of the

two tribes from the unappropriated public moneys of

the Unit;d States, twenty dollars per acre for each acre :fri:b~crecl1t

so selected, which shall be in full compensation for the

lands so ceded, and such moneys shall, upon the dissolution of the tribal governments, be divided per capita

among the members of the tribesz freedmen excepted, as Improvemmts.

are other funds of the tribes. All improvements upon

the lands so selected which were lawfully there at the

time of the ratification of this agr.eement by Congress

shall be appraised, under the direction of the Secretary

of the Interior, at the true value thereof at the time of

the selection of said lands, and shall be paid for by warrants drawn by the Secretary of the Interior upon the

Treasurer of the United States. Until otherWIse provided by law the Secretary of the Interior may, under ~

of water,

rules prescribed for that purpose, regulate and control

the use of the water of saId springs and creeks and the

temporary use and occupation of the lands so ceded. No

ptlrson shall occupy any portion of the lands so ceded,

or carryon any business thereon, except as j)rovided in

said rules, and until otherwise provided by Congress the

laws of the United States relating to the introduction,

possession, sale, and giving away of liquors or intoxi- Sale,etc.,ofIn.

t f ki d ' h

.

th I d

.

t I d'

toxicanta for.

can s 0 any n WIt men Ian coun ry or n Ian bidden.

reservations shall be applicable to the lands so. ceded,

and said lands shall remain within the jurisdiction of

the United States court for the southern district of Indian Territory: Provided, however, That nothing contained in this section shall be construed or held to com- p tI/:

mit the Government of the United States to any expendi- E~~tul'&

ture of money upon said lands or the improvements

thereof, except as provided herein, it being the intention

of this provision that in the future the lands and improvements herein mentioned shall be conveyed by the

United States to such territorial or state organization as

may exist at the time when such conveyance is made.

(U.S. C., title 16, sec. 151.)

Exoerpt from "An Aot Making appropriations for the current and

contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fisoal

year ending lune 30, 1905, and for other purpose.s," approved

April 21, 1904 (33 Stat, 220)

S Th h S f h I

. .

h

Sulphur. IDcIian

. EO. 18. at t e ecretary 0 t e ntenor IS ereby Territo"..

a';lthox:i~edand. directed to withhold from. sl,l-leor other AddlUonallud

dIsposItIon the Irregular tract of land contammg seventy- forreeervatioU:

eight and sixty-eight one-hundredths acres, more or less,

lymg in the northwest 9.uarter of section two and the

northeast quarter of sectIon three, township one south,

range three east, and being within the exterior bound- D..cdptioD.
120 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

aries of the proposed town site of Sulphur, in th~ Chickasaw Nation, Indian Territory, and excluded from said

town site by order of the Secretary of the Interior, of

October twentieth, nineteen hundred and three, and also

to withdraw and withhold from disposition the tract of

land within the exterior boundaries of said proposed

town site, lying south of and adjacent to the tract above

mentioned, containing in the aggregate one hundred and

thirty-eight acres, more or less, and mentioned in the

report of Gerard H. Matthes, of December twentyseventh, nhleteen hundred and three, to F. H. Newell,

Chief Engineer United States Geological Survey, and

shown upon the map accompanying said report by a

yellow line.

The land hereby reserved shall be paid for by the' Priceperacre. United States at the rate of sixty dollars per acre and in

the same manner as the land acquired in accordance with

paragraph sixty-four of the act of Congress approved

r~:.2if8.:55. July first, nineteen hundred and two, entitled "An act to

ratify and confirm an agreement with the Choctaw and

Chickasaw tribes of Indians, and for other purposes,"

and such money as may be necessary to carry out this

provision is hereby appropriated, from any money in

the Unit~d States Treasury not otherwise appropriated,

Imf.rovementa.and made immediately available. Vo.82,p. 655. All improvements upon said land, at the passage of (Seep.118.) this act, shall be appraised and paid for as provided in

said paragraph sixty-four of the'act of July first, nineteen hundred and two. Management, control,etc. The land qere by reserved shall, immediately upon payment therefor by the United States, be and become a part

of the reservation heretofore established at the said village of Sulphur, and shall be subject to all the

~

Vol. 82, .,. 655. rof

.

f f

(Seep.lIS.) visions 0 said section Slxty- our 0 the act of July rst,

nineteen hundred and two, respecting the care, control,

direction, use, and occupancy thereof, as if they had been

included in the original segregation: Provided, That the

Secretary of the Interior is hereby authorized, in the

absence of other provisions for the care and management thereof, to designate an officer or employee of his

department to take charge of the land, whether acquired

under said section sixty-four of the act of July first~

nineteen hundred and two, or under this act, and to enforce rules and regulations for the control and use

thereof, and of the waters of the springs anu creeks'

within the reservation: Provided further, That the Secretary of the Interior is hereby authorized, in his discretion, to sell or dispose of any buildings upon the land

hereby reserved and upon the land originally reserved,

(Amrndedby (0 and all money received from such. sales, as well as all

::::;'l~s, : money heretofore received or that may hereafter be

p.12.)' ee

l'ealized for the use of said waters or for the use and

occupancy of the land or the buildings thereon, through

leases, permits, or otherwise. may be expended under the

Provira..

Enfol'cement of

regulations.

Sale of fm.

provements.
LEGISLATION RELATING TO NATIONAL PARKS 121

direction of the Secretary of the Interior for the care and

management of said lands, and the preservation of the

improvements thereon' And 1!rovided f urther That if Violationof . ,

regulations. any person, firm, or corporation shall willfully violate

any of the rules and regulations prescribed by the Secretary of the Interior relative to the use of the waters

of saId springs and creeks and the use and occupation of

the lands in said reservation, such person, firm, corporation, or members or agents thereof, shall be deemed guilty

..f a misdemeanor, and upon conviction shall be fined P It not less than five dollars and not more than one hun- ena y.

dred dollars: and may be imprisoned for a term of not

more than six months for each offense. (U.S.C., title 16,

sec. 152.)

Excerpt from" An Act To enable the people of Oklahoma and of

the Indian Territory to form a constitution and State t:overnment, etc.," approved lune 18, 1908 (34 Stat. 287)

SEC.7.1 . . . Provided, That nothing in this act """""0, contained shall repeal or affect any act of Congress relat- :~:.ber ~

ing to the Sulphur Springs Reservation as now defined vationsreserved.

or as may be hereafter defined or extended, or th~ power

of the United States over it or any other lands embraced

in the State hereafter set aside by Congress as a national

park, game preserve, or for the preservation of objects

of archlOOlogical or ethnological interest; and nothing

contained in this act shall interfere with the rights and

ownership of the United States in any land hereafter

set aside by Congress as national park, game preserve.

or other reservation, or in the said Sulphur Springs

Reservation, as it now is or may be hereafter "defined or

extended by law; but exclusive legislation, in all cases Exclusivejuriswhatsoever, shall te exercised by the United States, ~c:d~ rewhich shall have exclusive control and jurisdiction over Serviceof

the same; but nothing in this proviso contained shall be process,etc.

construed to prevent the service within said Sulphur

Springs Reservation or national parks, game preserves.z

and other reservations hereafter established by law, 01

civil and criminal processes lawfully issued by the authority of said State, and said State shall not be entitled ~~em::lud:Jecto select indemnity school lands for the thirteenth, six. fromparks.etc.

teenth, thirty-third, and thirty-sixth sections that may

be embraced within the metes and bounds of the national

park, game preserve, and other reservation or the said

Sulphur Springs Reservation, as now defined or may be

hereafter defined. (U.S.C., title 16, see, 153.)

10int Resolution Directing that the Sulphur Springs Reservation

be named and hereafter called the" Platt National Park," approved lune 29, 1908 (34 Stat. 837)

Resolved by the Senate amd H ou.se of Repl'esentatives

of the United States of America in Oongress assembled, .

That the Secretary of the Interior be, and he is hereby, ~~~~~t\';,"n':'np

1 The above provision was substantially covered by the State constitution of Oklahoma, adopted July 16, 1901, as art. I, sec. 3.
122 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

~m;~chaN~ authorized and directed to change the name of the Sul

=

park,In phur Springs Reservation, an Indian reservation now

Seuato:rpt~t~a:; m the State of Oklahoma, formerly in the Indian Terri- Oonnectlcut.tory, so that said reservation shall be named and hereafter called the" Platt National Park," in honor of

Orville Hitchcock Platt, late and for twenty-six years

a Senator from the State of Connecticut, and for many

years a member of the Committee on Indian Affairs, in

recognition of his distinguished services to the Indians

and to the country. (D.S.C., title 16, sec. 151.)
8. Wind Cave National Park

Ac~r~i~~~r~:ti;~3p:~t~~ _a~~_~~~ _l_a_~~~_~~~~_~~~~_~

Act of March 4, 1931, extending the boundaries of Wind Cave National

Park________________-_________________________________________

123

124

An Act To set apart certain lands in the State of South Dakota as

a public parJt to be known as the "Wind Cave :Rational Park,"

approved lanuary 9, 1903 (32 Stat. 765)

Be it MUU]tedby the Senate and H0'U8e of Representa- PubUclaudl.

tives of the United States of America in Oongress aBsem- :~~~v;ark.

bled, That there are hereby reserved from settlement, fl~:-' 1!8tabentry, sale or other: disposal, and set apart as a public'

park, all those certain tracts, pieces, or parcels of land

lyin~ and being situate in the State of South Dakota and

withm the boundaries particularly described as follows:

Beginning at the southeast corner of section thirteen, &undarles.

wwnship six south, range five east, Black Hills meridian,

South Dakota; thence westerly, to the southwest corner

of the southeast quarter of section sixteen, said township;

thence northerly along the quarter-section lines to the

northwest corner of the northeast quarter o£section four,

said township; thence easterly to the southwest corner of

section thirty-four, township five south, range five east;

thence northerly to the northwest corner of said section;

thence easterly to the northeast corner of section thirtyone, township five south, range six east; thence southerly

along the section lines to the southeast corner of section

seven, township six south, range six east; thence westerly

w' the southwest corner of said section; thence southerly

W the southeast corner of section thirteen, township six

south, range five east, the place of beginning: Provided, hONO.

That nothing herein contained shall be construed to affect Validrightsnot

any valid rights acquired in connection with any of the alJected.

lands emoraced within the limits of said park. (U.S.C.,

title 16, sec. 141.)

SEC. 2. That said ~ark shall be known as the" Wind R,egulatloD8, etc..

Cave National Park' and shall be under the exclusive ~lte':.te:~ of

control of the Secretary of the Interior, whose duty it

shall be to prescribe such rules and regulations and establish such service as he may deem necessary for the care

and management of the same. (V.S.C., titl~ 16, sec. 142:) Leaseof cavern, SEC. 3. That the Secretary of the InterIor be, and IS etc. (Repealed

h b th ' d

.

the .

f h

.

d

. .

t

by 46 Stat 1028

ere y, au orlze, In exercise 0 IS IscretlOn, 0 bot OI1bject IDat:

rent or lease, under rules and regulations to be made by t~rs'irve:~ ~{6

him, the cavern underlying the above-described lands, seC"8;'8~Stat.'

and also pieces and parcels of ground within said park :::i>: ~~)ded.

123
124 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

for the erection of such buildings as may be required for

tl~e accommodation of visitors. (D.S.C., title 16, sec.

143.)

?~~~Dgs.46 SEC. 4. That all funds arising from such rentals or

Stat.1028.~ut l('ases shall be covered into the Treasury of the United

:~~~~~;tter States as a special fund to be expended in the care and

U;S'~'6:i~~e 16, improvement of said park. (D.S.C., title 16, sec. 144.)

;:-ndsf' t ts SEC. 5. That in cases in which a tract covered by an

relin«(Uis~ed.rar unperfected bona fide claim or by a patent is included

within the limi~ of this park, the settler or owner thereof

may, if he desires to do so, relinquish the tract to the

Government and secure other land, outside of the park,

in accordance with the provisions of the law relating to

the subject of such relinquishment of lands in forest

reserves in the State of South Dakota. (D.S.C., title 16,

sec. 145.)

Penalty101' SEC. 6. That all persons who shall unlawfully intrude

~i~':..""::C~ntru- upon said park, or who shall without permission appropriate an:}'object therein or commit unauthorized inJury

or waste 111,any form whatever upon the lands or other

public property therein, or who shall violate any of the

rules and regulations prescribed hereunder, shall upon

conviction, be fined in Iisum not more than one thousand

dollars or be imprisoned for a period not more than

twelve months, or shall suffer both fine and imprisonment, in the discretion of the court. (U.S. C., title 16,

sec. 146.)

Description.

An Act To extend the boundaries of Wind Cave National Park,

South Dakota, approved March 4, 1931 (48 Stat. 1518)

Be it enacted by the Senate and House of Representati1:es of the United States of America in Oongress assembled. That the boundaries of Wind Cave National Park

in the State of South Dakota are hereby extended to

include the lands within the east half of the southwest

quarter, southeast quarter section 26, south hal£ of section 25, east half of section 33, township 5 south, range. 5

east, and south half section 30, township 5 south, range 6

east, Black Hills meridian, South Dakota, comprising in

part a part of the Harney National Forest. Such lands

are hereby made a part of Wind Cave National Park, and

shall hereafter be subject to, all laws and regulations

applicable to such park. (U.S.C., 6th supp., title 16, sec.

141a.)

Wind Cave National Park,

S.Oak.

Boundaries JI,

extended.

1 42 Stat. 590. as amended. See p. 12.
9. M:esaVerde National Park

Act of June 29, 1906, creating the Mesa Verde National Park___________

Excerpt from deficiency act of June 25, 1910, authorizing the granting of

leases and permits for use of land or development of resources in the

Mesa Verde NationalPark ~---------------- Excerpt from Bureau of Indian Affairs Appropriation Act of June 30,1913,

for fulfilling treaty stipulations with various Indian tribes, andtenending boundaries of Mesa Verde National Park_ ______________________

Excerpt from" sundry civil act of June 12t.!917, authorizing acce~tance of

patented lands and rights of way in Mesa Verde National Park tba,

Ac~J~~I:~ ~rc::Jd~~;;d-MaY-2:i927: e;~~;;

jurisdiction to the United States over Mesa Verde NatI~ark_-,___

Act of April 25, 1928, ::fting cession by Colorado of exclusive jurisdiction over lands emb within Mesa Verde National Park__________

EXcerpt from Interior Department Appropriation Act of May 14, 1930,

making Mesa Verde National Park appropriations available for operation of Aileen Nusbaum HospitaL________________________________

Excerpt from act of January 26, 1931, to provide for uniform adIninisktt.-

tion of the national parks, forbidding leases for minerai prospecfiiq,

etc., in Mesa Verde National Park________________________________

Act of February 26,1931, providing for "addition of certain lands to Mesa

Verde National Park____________________________________________

AD Act Creatbl.g the .esa Verde lIational Park, approved lune 19,

1906 (H StaL 616)

Be it IJftIJCtedby the Senate and H 0tI86of R6pre8mta- __ Verdel!fa. tiW8 of the United Statea of America in Oongr688tlJJ8em-g:a Put.

bled, That there is hereby reserved from settlement. BItabI oL

entry, sale, or other disposal, and set apart as a public ~

reservation, all those certain tracts; pieces, and parcels of

land lying and bein~ situate in the State of Colorado, and

within the boundanes particularly described as follows:

Beginning at the northwest corner of section twentyseven township thirty-five north, range sixteen west,

New Mexico principal meridian; thence easterly along

the section lines to the southwest corner of the southea...~

quarter of section twenty, township thirty-five north,

range fifteen west; thence northerly to the northwest

corner of the southeast quarter of said section; thence

easterly to the northeast corner of the southeast quarter

of said section; thence northerly to the northwest corner

of seetion twenty-one, said township; thence easterly to

the northeast corner of the north.est quarter of said section; thence northerly to the northwest corner of the

southeast quarter of section sixteen, said township;

thence easterly to the northeast corner of the southeast

quarter of section fifteen, said township; thence southerly to the southeast corner of said section; thence easterly to the southwest" corner of section thirteen, said

125

1"8eI"

125

127

127

131

Uti

131

135

135

135
Regulations.

PrONO.

Prehiatorlc

ruins.

LAWS FOR NAT. PARK SERVIOE, PARKS, & MONUMENTS

township; thence northerly to the northwest corner off

the southwest quarter of said section; thence ea.sterly to

the northe4St corner of the southwest quarter of said

section; th~nce northerly to the northwest corner of the

northeast quarter of said section; thence easterly to the

northeast corner of said section; thence northerly to the

northwest corner of the southwest quarter of section

seven, township thirty-five north, range fourteen west;

thence easterly to the northeast corner of the southwest

quarter of. said section; thence northerly to the northwest corner of the southeast quarter of section six, said

township; thence easterly to the northeast comer of the

southwest quarter of section four, ~a.id township; thence

southerly to the northwest corner of the southeast quarter of section nine, said township; thence easterly to the

northeast corner of the southeast quarter of said section;

thence southerly to the northwest corner of section

twenty-two, said township; thence easterly to the northeast corner of the northwest quarter of said section;

thence southerly to the northwest corner of the southeast

quarter of said section; thence easterly to the northeast

corner of the southeast quarter of saId section; thence

southerly to the northwest quarter of section twenty-six

said township; thence easterly to the northeast corner of

the northwest quarter of said section; thence southerly to

the southeast corner of the southwest quarter of section

thirty-five, said township; thence easterly to the northeast corner of section two, township thirty-four north,

range fourteen west; thence southerly ~long the section

line between sections one and two and between sections

eleven and twelve to the northern boundary of the southern Ute Indian Reservation; thence westerly along the

northern boundary of said reservation to the center of

section nine, township thirty-four north, range sixteen

west; thence northerly along the quarter-section lines to

the northwest corner of the southeast quarter of section

twenty-eight, township thirty-five north, range sixteen

west; thence easterly to the northeast corner of the south.

east quarter of said section; thence northerly to the

northwest corner of section twenty-seven, said township,

the place of beginning. (D.S.C., title 16, sec. 111.)

SEC. 2. That said public park shall be known as the

Mesa Verde National Park, and shall be under the exclusive control of the Secretary of the Interior, whose

duty it shall be to prescribe such rules and regulations

and establish such service as he may deem necessary for

the care and management of the same. Such regulations

shall provide specifically for the preservation from injury or spoliation of the ruins and other works e.nd relics

of

.

prehistoric or primitive man within said park (U.s. C.,

title 16, sec. 112): P1'01Jided,Thmt all prehistorIc ruins

that are situated within five miles of the boundaries of

said park, as herein described, on Indian lands and not
LEGlBLATION RELATING TO NATIONAL PARKS 127

on lands alienated by patent from the ownership of. the

United States, are hereby placed under the custodIanship of the Secretary of the Interior, and shall be administered by the same service that is established for the

custodianship of the park.

SEC.3. That the Secretary of the Interior be, and he is

hereby, authorized to permit. examinations, excavations, ~fttfo..

and other gathering of objects of mterest within said

park by any person or persons whom he may deem properly qualijied to conduct such examinations, excavations,

or gatherings, subject to such rules and regulations as he ~

may prescribe: Provided always, That the examinations, BemIettOll.

excavations, and gatherings are undertaken only for the

benefit of some reputable museum, university, college, or

other recognized scientific or educational institution, with

8. view to increasing the knowled~e of such objects and

aidin~the general advancement or archlOOlogicalscience.

(U.S.C., title 16, sec. 113.)

SEC. 4. That any person or persons who may otherwise ~~ =.:-

in any manner willfully remove~ disturb, qestroy, or mo--'

lest any of the ru.i.m!,mounds, Duildings, graves, relics,

or other evidences of an ancient civilizatIOn or other property from said park shall be deemed guilty of a misdemeanor, and upon conviction before any court having

jurisdiction of such offenses shall be fined not more than

one thousand dollars or imprisoned not more than twelve

months, or such person or persons may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the property disturbed, if possible.

(U.S.C., title 16, sec. 114.)

Exoerpt from" An Act .&king appropriations to supply deAoienoIes in appropriations for the fiscal year 1910, and for other

purposes," approved lune 85, 1910 (38 Stat. 798)

The Secretary of the Interior may, upon terms and ::lV=,N..

conditions to be fixed by him, grant leases and permits =-

etc..per.

for the use of the land or development of the resources ~Ammdedb1H

thereof, in the Mesa Verde National Park h

and the funds p.~~l)04S. S.

derived therefrom shall be covered into t e Treasury of

.

the United States: PrO'lJ'id.e<l, That such leases or grants =_

shall not include any of the prehistoric ruins in said park EzpeJIH8,

or exclude the public from free or convenient access

thereto; . . .

Exoerpt from" An .AotJlaking appropriation. for the current and

contingent apenses of the Bureau of Indian Atrain, for fulIlUng treaty stipulation. with various Indian tribes, and for

other purposes, for the fUcal year encUnc lune 30, 19U," approved lune 80, 1913 (38 Stat. 88)

That an agreement, made at the Navajo Springs Indian =~ ~ Agency, in the State of Colorado, on the tenth day of of 8o~':t- u.

May, in the year of our Lord nineteen hundred and IIIdtuII,0cI10.

eleven, with the Wiminuche Band of Southern Ute In4
128

Lands to be

eoD~ ill

UIOIIaJI&e.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

dians, belonging to the jurisdiction of the Navajo Springs

Indian A."aency,be, and the same is hereby, modified and

amended to read as follows:

"Atm:cu: I

"

The said Wiminuche Band of Southern Ute Indians

hereby ~arees to relinquish and surrender to the United

States of America all Its right, title, and interest in and

to that. :portion of its reservation described as follows:

"

Beginning at a point on the north boundary of the

Southern Ute Indian Reservation in southwestern Colorado where the north quarter corner of unsurveyed fractional section two (2), township thirtv-four (34) north,

range fifteen (15) west, 'south of the Ute boundary,'

intersects the same; thence south t.o the south quarter

corner of 1JDSUrveyedsection twenty-six (26), said township; thence west to the southwest corner of unsurveyed

section twenty-five (25), township thirty-four (34) north.

range sixteen (16) w6$t; thence north to the northwest

corner of nnsurveyed fractional section one (1), said

township; thence east to the north quarter corner of unsurveyed fractional section two (2), township thirtyfour (34) north, range fifteen (15) west, 'south of the

Ute boundary,' the place of beginning; fourteen thousand five hundred and twenty (14,520) acres, more or

l~ IJ!ng and being in Montezuma County, State of

Colorado.

".AJrnCLE IT

"

In consideration for the lands relinquished and surrendered as aforesaid the United States herei»y agrees to

convey to said Wiminuche Band of Southern Ute Indians

in exchange therefor lands lying within the present

boundaries of the Mesa Verde National Park and from

the public domain. said lands to become a part of the

reservation of said Wiminuche Band of Southern Ute

Indians and to take on the same character and title as the

rest of the land of the said reservation, of which they

become a part by virtue of this agreement, and described

as follows:

"Sections one (1), two (2), three (3), four (4), five

(5), fractional sections ei~ht (8). nine (9), ten (10),

eleven (11), twelve (12), In township thirty-four (34)

north, range sixteen (16), west. 'north of the Ute boundary'; also sections twenty-five (25), twenty-six (26),

twenty-seven (27), southeast quarter section twenty-eight

(28), sections thirty-two (32), ~-three (83), thirtyfour (34), thirty-6:ve (35), and thirty-six (36), township thirty-five (35) north, range sixteen (16) west, containing ten thoUS&.r-dand eighty (10080) acres, more or

less.

"Also sections five (5) and six (6) and fractional sections seven (7) and"eight (8) (unsurveyed) in township
LEGISLATION RELATING TO NATIONAL PARKS 129

thirty-four (34) north, range seventeen (17) west, 'north

of the Ute boundary,' and sections one (1), two (2), three

(3), four (4), five (5), and fractional sections eight (8),

nine (9), ten (10), eleven (11), and twelve (12) (unsurveyed), in township thirty-four (34) north, range

eighteen (18) west,' north of the Ute boundary'/ and sections nineteen (19), twenty (20), twenty-nine (29), thirty

(30), thirty-one (31), and thirty-two (32), in township

thirty-five (35) north, range sevent~en (17) west, and

sections twenty (20), twenty-one (21), twenty-two (22),

twenty-three (23), twenty-four (24), twenty-five (25),

twenty-six (26), twenty-seven (27), twenty-eight (28),

twenty-nine (29), thirtv-two (32), thirty-three (33),

thirty-four (34), thirty-olive (35), and thirty-six (36) in

township thirt.y-five (35) north, range eighteen (18),

west, New Mexico principal meridian, contaming twenty

thousand one hundred and sixty (20,160) acres, more or

le$.

"And in case it be found that any portion of the lands Additional.

herein described have been entered or patented under any

of the land laws of the United States, then, and in that

event, it is stipulated and agreed that public lands of an

equal amount and like character and lying adjacent to

the lands herein described be substituted and given to

said W"iminuche Band of Southern Ute Indians, to make

the total area of lands to be given in amount equal to the

above-described lands, the total area in said western tract

to contain twenty thousand one hundred and sixty

(20,160) acres.

"A.1m:CLEIII

" Nothing in this agreement shall be construed to de- Annuities,ete.,

prive the Indians parties hereto of any annuities or ben- notimpaired.

efits to which they are entitled under existing laws and

treaties.

"ARTICLEIV

"This agreement shall become effective and binding on Rat!1lcationrethe parties hereto when ratified by the Congress of the quired.

United States."

That the said agreement be, and the same is hereby, Agreementconaccepted, ratified, and confirmed as herein amended. dnned.

That the Secretary of the Interior is hereby authorized AdditionalJanda

to add to the area conveyed to the Indians in exchange to be conveyed.

for the lands relinquished any tracts of unappropriated

public land adjoining thereto which may be necessary to

make the total area of the acreage ceded to the IndIans

in lieu of that lost to them by any prior existing valid

rights attaching thereto.

That the boundary of the Mesa Verde National Park, MesaVerdeNa.

created by the Act of Congress approved June twenty- ~na~:..I"ex_

ninth, nineteen hundred and six (Thirty-fourth Statutes ten'd"oo.

at Large, page six hundred and sixteen), is hereby exVol.Sf,p. eu.

tended on the south so as to include the land relinqUIshed
130 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Df8ctiptfou.

by the Indians in the foregoing agreement as herein provided and the boundaries of said park shall hereafter be

defined as follows:

Beginning at a point on the north boundary of. the

Southern Ute Indian Reservation in southwestern Colorado where the north quarter corner of unsurveyed fractional section two (2), township thirty-four (34) north,

range fifteen (15) west, "south of the Ute boundary,"

intersects the same; thence south to the south quarter

corner of unsurveyed section twenty-six (26), said township; thence west to the southwest corner of unsurveyed

section twenty-five (25), township thirty-four (34) north,

range sixteen (16) west; thence north to the northwest

corner of unsurveyed fractional section one (1), sai~

township and ran~e; thence west to the southeast corner

of fractional sectIOn twelve (12), township thirty-four

.(34) north, range sixteen (16) west, "north of the Ute

boundary"; thence north to the northwest corner of section nineteen (19), township thirty-five (35) north,

range fifteen (15) west; thence east to the southwest corner of the southeast quarter of section sixteen (16), said

township; thence north to the northwest corner of the

southeast quarter of said section; thence east to the southwest corner of the northeast quarter of section thirteen

(13), said township; thence north to the northwest corner of the northeast quarter of said section; thence east

to the southwest corner of section seven (7), township

thirty-five (35) north, range fourteen (14) west; thence

north to the northwest corner of said section; thence east

to the southwest corner of section five (5), said township;

thence north to the northwest corner of said section;

thence east to the northeast corner of said section; thence

south to the southeast corner of the northeast quarter of

said section; thence east to the northeast corner of the

southwest quarter of section four (4), said township;

thence south to the northwest corner of the southeast

quarter of section sixteen (16), said township; thence

east to the northeast corner of the south"ast quarter of

said section; thence south to the northwest corner of section twenty-two (22), said township; thence east to the

northeast corner of said section; thence south to the

northwest corner of section twenty-six (26), said township; thenc~ east along the north section line of section

twenty-six (26) to the east bank of the Rio Mancos;

thence in a southeasterly direction along the east bank

of the Rio Mancos to its intersection with the northern

boundary line of the Southern Ute Indian Reservation;

thence west along said Indian reservation boundary to its

intersection with the range line between ranges fourteen

( 14) and fifteen (15) west, the place of beginning.

(U.S. C., title 16, sec. 111.)

IacludedInPark And the provisions of the Act of June twenty-ninth, caabol,eta. eighteen hundred and ninety-six, creating the park, are

hereby extended over the same.
LEGISLATION RELATING TO NATIONAL PARKS 131

So much of the Act of June twenty-ninth, nineteen Custodyof ad.

hundred and six, as provides that the custodianship of t~~~~~fc~rDl

the Secretary of the Interior shall extend over all pre- repealed.

historic ruins situated within five miles of the eastern,

Vol.87,p. 617.

western, and northern boundaries of the park, .as described in said Act, not on lands alienated by patent from

the ownership of the United States, is hereby repealed.

Excerpt from" An Act Making appropriations for sundry civil

expenses of the Government for the :fiscal year ending June 30,

1918, and for other purposes," approved June 12, 1917 (40

Stat. 152)

The Secretary of the Interior is authorized to accept ~=alVp~~kNaPatented lands or ri!!hts of way over patented lands III A

coiO.

ta 'f

M N

1-' d f

cceI'DC",O the esa Verde ahonal Park that may be onated or donatedlands,

park purposes. (U.S.C., title 16, sec. 116.) (~~ealedby '8 Stat. 1028, but

Aot of General Assembly ot Colorado, approved May 2, 1927, oed- :~~~ 'b;tter

ing to the United StateII' exclusive jurisdiction over the Mesa u.s.a., title 16,

Verde National Park in the State of Colorado (Session Laws of sec. e, U Stat.

Colorado, 1927, p. 481) 917. Seep. 18.)

Be it enacted by the General AssembZy of the State of

o oZorado:

SECTION1. Exclusive jurisdiction shall be and the same

is hereby ceded to the United States over and within all

the terrItory which is now or may hereafter be included

in that tract of land in the State of Colorado set aside

and dedicated for park purposes by the United States,

known as Mesa Verde National Park, saving, however,

to the State of Colorado the right to serve civil or criminal process within the limits of the aforesaid park, in

suits or prosecutions for or on account of rights acquired

obligations incurred, or crimes committed outside of said

park, and saving further to the said State the right to

tax persons and corporations, their franchises and property on the lands included in said tracts, and saving also

to the persons residing in said park now or hereafter the

right to vote at all elections held within the county 01'

counties in which said tracts are situated: Provided

however, That jurisdiction shall not vest in the United

States now or hereafter over any lands included within

said park until the United States, through its proper

officer, notifies the State of Colorado, through its Governor, that the United States assumes police jurisdiction

over the respective tracts involved.

An Act To accept the cession by the State of Colorado of exclusive

jurisdiction over the lands embraced within the Mesa Verde National Park, and for other purposes, approved April 25, 1928

(45 Stat. 458)

Be it enacted by the Senate am.d House of Representa- MesaVerdeNatives of the United. States of America in Oongress a8sem- g~~

Park,

bZedhThat the provisions of the act of the Legislature of tuc;~~~:.:i

the /jtate of Colorado, approved May 2, 1927, ceding to Colo~doOVlll'

the United States exclusive jurisdiction over the territory ~~:.l~'Ta!JIo
::'k~~ed embraced and included within the Mesa Verde National

Park, are hereby accepted, and sole and exclusive jurisdiction is hereby assumed by the United States over such

territory, saving, however, to the State of Colorado the

right to serve civil or criminal process within the limits

of the aforesaid park in suits or prosecutions for or on

account of rights acquired, obligations incurred, or crimes

committed outside of said park; and saving further to

the said State the. right to tax persons and corporations,

their franchises and property on the lands included in

said tracts; and saving also to the persons residing in

said park now or hereafter the right to vote at all elections held within the county or counties in which said

tracts are situated. All the laws applicable to places

under the sole and exclusive jurisdiction of the United

States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be

subject to the same laws as refu~ees from justice found

in the State of Colorado. (U.S.C., 6th supp., title 16,

sec. 117.)

SEC. 2. That said park shall constitute a part of the

United States judicial district for the State of Colorado,

and the district court of the United States in and for

said district shall have jurisdiction of all offenses committed within said boundaries. (U.S.C., 6th supp., title

16, sec. 117a.)

Punishmentof SEC. 3. That if an y offense shall be committed in the offen!11!8 against 8tatela_ Mesa Verde National Park, which offense is not prohibited or the punishment for which is not specifically

provided for by any law of the United States, the offender shall be subject to the same punishment as the

laws of the State of Colorado in force at the time of the

commission of the offense may provide for a like offense

in said State; and no subsequent repeal of any suchlaw

of the State of Colorado shall affect any prosecution for

5aid offense committed within said park. (U.S. C., 6th

!:'upp., title 16, sec. 117b.)

~ting'h~h~~ng, SEC. 4. That all huntmg or the killing, wounding, or

., proI I Ion.capturing at any time of any wild bird or animal, except

dangerous animals when it is necessary to prevent them

from destroying human lives. or inflicting personal injury, is prohibited within the limits of said park; nor

shall any fish be taken out of the waters of the park in

any other way than by hook and line, and then only at

such seasons and in such times and manner as may be

directed by the Secretary of the Interior. That the Secretary of the Interior shall make .and publish such general rules and regulations as he may deem necessary and

proper for the management and care of the park and for

the prote?tion of t~e .property th~re~n, especially ,for the

preservatIOn from mJury' or spolIatIon of the rums and

other works and relics of prehistoric or primitive man,

all timber, natural curiosities, or wonderful objects

132

Application of

UnIted States

laws.

Extmdition of

eriminals.

AsIIIgned to

Oolol.do

l:t~1al dJs.

Regulations,

ete., to be

pl'EllCl'ibed.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS
LEGISLATION RELATING TO NATIONAL PARKS 133

within said park, and for the protection of the animals

and birds in the park from capture or destruction, and

to prevent their being frightened or driven from the

park; and he shall make rules and regulations governing

the taking of fish from the streams or lakes in the park.

Evfd f Possession within said park of the dead bodies, or any viola::" 0

part thereof, of any wild bird or animal shall be prima.

facie evidence that the person or persons having the same

Pu lRhmentto are guilty of violating this Act. Any person or persons, Vlo~atiDgprov~.

or stage or express company, or railway company, who sionsbereof,eta.

knows or has reason to believe that they were taken or

killed contrary to the provisions of this Act and who

receives for transportation any of said animals, birds, or

fish so killed, caught, or taken, or who shall violate any

of the provisions of this Act 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 the ruins and

other works and relics of prehistqric or primitive man,

and timber, natural curiosities, or wonderful objects

within said park, or for the proteCtion of the 'animals,

birds, or fish in the park, or who shall within said park

commit any damage, injury, or spoliation to or upon any

building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land,

springs, natural curiosities, or other matter or thing

growing or being thereon or situated therein, shall be

deemed guilty of a misdemeanor and shall be subject to a

fine of not more than $500 or imprisonment not exceeding

six months or both, and be adjudged to pay all costs of

the proceedings: Provided, however, That any person or Z~~~;'al persons who may, without permission from the Secretary pu~::rent !or

of the Interior, in any manner willfully remove, disturb, ~~.

ng rulDS,

destroy, or molest any of the ruins, mounds, buildings,

graves, relics, or other evidences of an ancient civilization

from said park shall upon conviction before any court

having jurisdiction of such offenses be fined not more

than $1,000 or imprisoned not more than twelve months,

or such person or persons may be fined and' imprisoned,

at the dIscretion of the judge, and shall be required to

restore the property disturbed, if possible. (U.S.C., 6th

supp., title 16, sec. 117c.)

SEC. 5. Tha.t all guns, traps, teams, horses, or means ~~~~fetc.,

of transportation of every nature or description used by illl!Kllllyused.

any person or persons wIthin said park limits when engaged in killing, trapping, ensnaring, or capturing such

wild beasts, birds, or animals shall be forfeited to the

United States and may be seized by the officers in said

park and held pending the prosecution of any person or

persons arre&ied under charge of violating the provisions

of this' Act, and upon convie~ion under this Act of such

person or persons using said guns,. traps, teams, horses,
134 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Or other means of transportation, such forfeiture shall

be adjudicated as a penalty in addition to the other

punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under

the authority of the Secretary of the Interior. (U.S.C.,

6th supp., title 16, sec. 117d.)

SEC. 6. That the United States District Court for the

State of Colorado shall appoint a commissioner who shall

reside in the park and who shall have jurisdiction to hear

and act upon all complaints made of any violations of

law or of the rules and regulations made by the Secretary of the Interior for the government of the park and

for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes authorized by this Act.

f~d~i:~i~t!)o~:e~f Such commissioner ~hall have power, upon sworn inrules,etc. formation, to issue process in the name of the United

States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation

of the rules and reguIations, or with a violation of any

of the provisions of this Act prescribed for the government of said park and for the protection of the animals,

birds, and fish in said park, and to try the person so

charged, and, if found guilty, to impose punishment and

to adjudge the forfeiture prescribed.

:1~f:I~~ :'urt. IIi all cases of conviction an appeal shall lie from the

judgment of said commissioner to the United States District Court for the State of Colorado, and the United

States district court in said district shall prescribe the

rules of procedure and practice for said commissioner in

the trial of cases and for appeal to said United States

district court. (U.S.C.,6th supp., title 16, sec. 117e.)

~rl"~~:{~~. SEC. 7. That such commissioner shall also have power

to issue process as hereinbefore provided for the arrest

of any person charged with the commission within said

boundaries of any criminal offense not covered by the

provisions of section 4 of this Act to hear the evidence

introduced, and if he is of opinion that probable cause is

shown for holding the person so charged for trial shall

cause such person to be safely conveyed to a secure place

of confinement within the jurisdiction of the United

States District Court for the State of Colorado, and certify a transcript of the record of his proceedings and the

testimony in the case to said court, which court shall have

jurisdiction of the case: Provided, That the said commissioner shall grant bail in all cases bailable under the

laws of the United States or of said State. (U.S.C.,6th

supp., title 16, sec. 117f.)

SEC. 8. That all process issued by the commissioner

shall be directed to the marshal of the United States for

the district of Colorado, but nothing herein contained

Iummal'1.r ts.shall be so construed as to prevent the arrest by any officer or employee of the Government or any person employed by the United States in the policing of said 1'eserCommissioner

for.

Appointment.

authority, etc.

Pro.x.o.

Ball.

Service of

process.
LEGISLATION RELATING TO NATIONAL PARKS 135

vation within said boundaries without process of any person taken in the act of violating the law or this Act or

the re~ulations prescribed by said Secretary as aforesaid.

(US.v., 6th supp., title 16, sec. 117g.)

SEC.9. That the commissioner provided for in this Act ~~e~1culllmlsshall be paid an annual salary as appropriated for by Pr~ Congress, payable quarterly: Provided, That the said R~ill~~erecommissioner shall reside within the exterior boundaries jj~~~~~ 01 fees,

of said Mesa Verde National Park, at a place to be desig- etc.

nated by the court making such appointment: And provided further, That all fees, costs, and expenses collected

by the commissioner shall be disposed of as provided in

section 11 of this Act. (U.S.C., 6th supp., title 16, sec.

117h.)

SEC. 10. That all fees, costs, and expenses arising in }TnltedStates

cases under this Act and properly chargeable to the ees.

United States shall be certified, approved, and paid as are

like fees, costsJ..and expenses in the courts of the United

States. (US.Vo, 6th supp., title 16, sec. 1171.)

SEC.11. That all fines and costs imposed and collected Dego:t~f Buee

shall be deposited by said commissioner of the United an COB

States, or the marshal of the United States collecting the

same, with the clerk of the Un~ted States District Court

for the State of Colorado. (US. C., 6th sUJ?p., title 16,

sec. 117j.)

SEC. 12. That the Secretary of the Interior shall notify, :=tance of

in writing, the Governor of the State of Colorado of the on.

passage and approval of this Act.

Excerpt from" An Act Making appropriations for the Department

of the Interior for the :Ilscal year ending lune 30, 1931, and for

other purpOSel," approved May 14, 1930 (46 Stat. 315)

Appropriations made for Mesa Verde National Park ~esaIVpdekN..

shall be available for the operation of the Aileen Nus- cg::,~.

sr,

baum Hospital and the furnishing of the necessary serv- ~fI~tlO~U8~UDI

ice in connection therewith at rates to be fixed by the Hospital.

Secretary of the Interior. (U.S.C., 6th supp., title 16,

sec. 118.)

Excerpt from" An Act To provide for uniform administration of

the national parks by the United States Department of the Interior, and for other purposes," approved lanuary 26, 1931 (46

Stat. 1043)

No permit, license, lease, or other authorization for Nationalpara

the prospecting, development, or utilization of the min- ~'f'!u~tratlon.'

eral resources within the Mesa Verde National Park, ~:ti~. ~.~

Colorado, * *

.

shall be granted or made. (U.S.C., eoe:. :;'~b:~den.

6th supp., title 16, sec. 115.) ~t.'r.en7~8.s8 Bee

p.127.)

An Act To provide for the addition of certain lands to the lIIesr

Verde National Park, Colorado,and for other purposes, approved

February 26, 1931 (48 Stat. 1422)

Be it enacted by tM Senate and H()U,8eof Repre8entatives of the United States of .America in Oongres8

as8embled, That for the purpose of protecting the scenery
136

Mesa Verde National Park,

Colo.

Additions to,

authorized.

Acceptance of

donations.

ExchAnge authorized.

Value ascertained.

Title.

LAWS FOR NAT. PAR.K SERVICE, PARKS, & MONUMENTS

along the Point Lookout Road between the north boundary of the Mesa Verde National Park and this road's

juncture with the Cortez-Mancos Road, the President of

the United States is hereby authorized, upon the recommendation of the Secretary of the Interior, to add to the

said Mesa Verde National Park, Colorado, by executive

proclamation, a strip of land two hundred and sixty feet

wide along and including said Point Lookout Road, and

t.he triangle formed by the fork in said road and such

other public land along or adjacent to said road and right

of way and lands as may be acquired by gift or by exchanges as hereinafter provided, which lands shall thereupon become and be a part of said park subject to all

laws and regulations applicable thereto. (U.S. C., 6th

supp., title 16, sec. 111.)

SEC.2. That for the yurpose of carrying out the provisions of this Act the Secretary of the Interior is hereby

authorized to accept donations of land or right of way, or

to acquire title to any land along or adjacent to the said

Point Lookout Road as may be deemed desirable by him

for the {>rotection of said road. by exchange for any unapproprIated public lands within sections 29 and 32,

township 36 north, range 14 west, New Mexico principal

meridian, of equal value j the value of the lands offered

for exchange hereunder and the value of the lands of the

United States to be selected therefor shall be ascertained

in such manner as the Secretary of the Interior may direct j and the owners of lands offered to the United States

pursuant hereto shall, before the exchange is effective,

furnish the Secretary of the Interior evidence satisfactory

to him of title to the lands offered in exchange.
10. Glacier National Park

Act of May 11, 1910, establishing Glacier Natione.1 Park in the Rocky

Mountains south of the International Boundary Line in Montana_ ____

Act of Legislature of Montana, approved February 17, 1911, ceding to the

United States exclusive jurisdiction over Glacier Natione.1 Park_______

Act of August 22, 1914, accepting cession by Montana of exclusive jurisdiction over lands embraced within the Glacier National Park_ _______

Act of Legislature of Montana, approved March 6, 1919, amending State

general fish and game laws to provide that licenses issued thereunder

shall not entitle holder to hunt m any national park within the State of

Montana_______________________________________________________

Act of Legislature.of Montana, approved Fcbruary 27, 1929, granting to

the United States concurrent police jurisdiction over rights of way of

Blackfeet Highway and over rights of way of its connections with Glacier

National Park Road System on the Blackfeet Indian Reservation in the

State of MQntana_ _______________ __________ _________

Act of May 2, 1932, accepting grant by Montana of concurrent police

jurisdiction over rights of way of Blackfeet Highway and over rights of

way of its connections with Glacier National Park Road System on the

Blackfeet Indian Reservation in the State of Montana_ ______________

Excerpt from Sundry Civil Act of March 4, 1911, authorizing expenditure

of proceeds of leases, etc., in the administration of roads, etc., in the

Glacier National Park_ _ __ __ ___ __ __ _ __ __ __ __ __ _ _ _ __ _ _ ___ __ _ _ __ _ __

Act of February 10, 1912, authorizing the withdrawe.1 from entry or se.1e

not to exceed five acres of land within the town site of Midvale, Mont.,

for use in administrative purposes of Glacier National Park_ _________

Act of February 27, 1915, authorizing the Great Northern Railway Company to revise the location of its right of way, all lands north of the

north line of the revised right of way being excluded from the Lewis

and Clark National Forest and made a part of the Glacier Natione.1

Park__________________________________________________________

Excerpt from Sundry Civil Act 0 July 1, 1916, authorizing acceptance of

patented lands or rights of way over patented lands in Glacier National

Park that may be donated for park purposes_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Act of July 3, 1916, providing for relief of certain homestead entrymen for

land within the Glacier National Park_ __ __ _ _ __ __ _ __ _ _ __ _ __ __ __ __ __

Act of March 2, 1917, authorizing the sale of certain lands at or near

Belton, Mont., for hotel purposesu _ _ _ __ _ _ _ _ _ __ _ __ _ __ __ __ _ _ __ _ __ __

Act of March 3, 1917, authorizing the exchange of lands with owners of

private lands within Glacier National Park_________________________

Act of February 28, 1923, authorizing an exchange of lands with owners

of private holdings withi!). the Glacier"National Park_ _ _ _ ____________

Excerpt from Sundry Civil Act of June 12, 1917, authorizing acceptance

of buildings, moneys, or other property_ which may be useful in betterment of administration of the Glacier National Park_________________

Act of March 23, 1928, for the. relief of Fannie M. Hollingsworth___~____

Excerpts from act of January 26, 1931, to provide for uniform administra.-

tion of the national parks, prohibiting permits for summer homes and

acquisition of rights of way for steam or electric railways within the

Glacier National Park_ __ ____________

Act of May 2, 1932, establishing the Waterton-Gla.cier International Peace Park__________________________________________._______________

137

138

139

139

1~

143

144

145

145

146

147

147

147

148

149

150

150

151

151
138 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Glacier Na.

tiona I Park,

Mont.

Landa set.

uide as.

Description.

An Act to establish" The Glacier National Park" in the Rocky

Mountains .south of the international boundary line, in the State

of Montana, and for other purposes, approved May 11, 1910

(38 Stat. 354)

Be it enacted by the Senate aru1House of Representatives of the United States of .America in Oongress assembled, That the tract of land in the State of Montana

particularly described by metes and bounds as follows,

to wit: Commencing at a point on the international

boundary between the United States and the Dominion

of Canada at the middle of the Flathead River; thence

following southerly along and with the middle of the

Flathead River to its confluence with the Middle Fork

of the Flathead River; thence following the north bank

of said Middle Fork 01 the Flathead River to where it

is crossed by the north bound/lry of the right of way of

the Great Northern Railroad; thence following the said

right of way to where it intersects the west boundary of

the ;Blackfeet Indian Reservation; thence' northerly along

said west boundary to its intersection with the international boundary; thellce along said international

boundary to the place of beginning,. is hereby reserved

Rem I f

and -withdrawn from settlement, occupancy, or disposal

treI~~ under the laws of the United States, and dedicated and

~yr;"rigbtaDotset apart as a public park or pleasure ground for the

~~~~ed. f benefit and enjoyment of the people of the United States

ro~..d1~B1~' under the name of "The Glacier National Park; "

and

~~f.~~8.b1 ~ all persons who shall locate or settle upon or occupy the p.151.) same, or any part thereof, except as hereinafte~ provided,

shall be consIdered trespassers and removed therefrom:

Provided, That nothinl! herein contained shall affect any

valid existing claim, location, or entry under the land

laws of the United States or the rights of any such claimant, locator, or entr~an to the full use and enjoyment

of his land: Provided further, That rights of way

through the valleys of the North and Middle forks of the

Flathead River for steam or electric railways may be

acquired within said Glacier National Park under filings

or proceedings heretofore or hereafter made or instituted

under the laws applicable to the acquisition of such rights

over or upon the unappropriated public domain of the

United States, and that the United States Reclamation

Service may enter upon and utilize for flowage or other

purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project: .And provided further, That

no lands within the lImits of said park hereby created

belonging to or claimed by any railroad or other corporation now having or claiming the right of indemnity selection by virtue of any law or contract whatsoever shall be

used as a basis for indemnity selection in any State or

Territory whatsoever for any loss sustained by reason

of the creation of said park. (U.S.C., titl~ 16, sec. 161.)

ReJ!'Ulations for SEC. 2. That said park shall be under the executive protection,etc. control of the Secretary of the Interior, whose duty it

No ti,demnity

selecHons

alIowed cor.

porations.
LEGISLATION RELATING TO NATIONAL PARKS 139

shall be, as soon as practicable, to make and publish such

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 samel which regulations shall provide for th~ :preservation ot the park in a state of nature so far as IS consistent with the purposes of this act, and for the care and

protection of the fish and game within the boundaries

thereof. Said Secretary may, in his discretion, executeLeases f

leases to parcels of ground not exceeding ten acres in hotels,e'::;.

extent at anyone place to anyone person or company, for ~~~8':1~\ealOtofar

not to exceed twenty years when such ground is neces-use of. Glacier

f h

,.

f b ' l'di f h d '

National Psrk

sary or t e erectIon 0 Ul ngs or t e accommo atIon land for IWD'

of visitors, and t9 parcels of ground not exceeding one ~i~~~~~~

acre in extent and for not to exceed twenty years to per- by46Stat.1048,

sons who have heretofore erected or whom he may here-:cili'i.) Sell

after authorize to erect summer homes or cottages; he

may also sell and permit the removal of such matured or ~~

of

dead or down timber as he may deem necessary or advis- tlm~. .

able for the protection or improvement of the park.

(U;S.C., title 16, sec. 162.)

.Aotof Legislature of )lontana, approved February 17, 1911,oeding

to the United States exclusive jurisdiction over the Glacier National Park in the State of )lontana (Laws of Montana, 1911,

p. 151)

Be it enacted by the Legislative Assem1Jly of the State

of Montana, Exclusive jurisdiction shall be and the same

is hereby ceded ~o t~e United States over and ~ithin all

the terrItory whIch IS now or may hereafter be mcluded

in that tract of land in the State of Montana set aside by

the Art of Congress, approved May 11, 1910, for the pur-

~oses of a national park, and known and designated as

The Glacier National Park," saving, however, ~o the

said State the right to serve civil or crimina] process

within the limits of the aforesaid park in any suits or

prosecution for or on account of rights acquired, obliJ!ations incurred, or crimes committed in said State, Dut

outside of said park; and .saving, further, to the said

State the right to tax persons and corporations, their

franchises, and property, on the lands ineluded in said

park: Provided however, That jurisdiction shall not vest

until the United State~, through the proper officers, notifies the Governor of this State that they assume police or

military jurisdiction over said f

ark.

SEC.2. All Aets and parts 0 Acts in conflict with this

Act are hereby rt>pealed.

SEC.3. This Act shall be in force and effect from and

after its passage and approval by the Governor.

.An Aot To aooept the cession by the State .of Montana of exolusive

juri.diction over the lands embraced within the Glacier National Park, and for other purpo.ses, approved August 22, 1914

(38 Stat. 899)

Be it enacted by the Se'T/.ate and House of Repr6senta-

'W68 of the United States of America in Oongress a8sem-
140 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

~:~~~~0Dal bled, That the provisions of the act of the Legislature of

BOle'iUrisdiction the State of Montana, approved February seventeenth,

~~e~n~dB~:eI nineteen hundred and eleven, ceding to the United States

:~~roce&II exclusive jurisdiction over the territory embraced within

etc. . the Glacier National Park, are hereby accepted~ and sole

and exclusive jurisdiction is hereby assume<1 by the

United States over such territory, savmg, however, to the

said State the right to serve civil or criminal process

within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations

incurred, or crimes committed in said State but outside

of said park, and saving further to the said State the

right to tax persons and corporations, their franchises

and property, on the lands included in said park. All

the laws applicable to places under the sole and exclusive

jurisdiction of the United States shall have force and

effect in said park. All fugitives from justice taking

refuge in said park shall be subject to the same laws as

refugees from justice found in the State of Montana.

(D.S.C., title 16, sec. 163.)

~=j:d~~al SEC. 2. That said park shall constitute a part of the

district. United States judicial district of Montana, and the district court of the United States in and for said district

shall have jurisdiction of all offenses committed within

said boundaries. (U.S.C., title 16, sec'. 168.)

SEC. 3. That if any offense shall be committed in the

Glacier National Park, which offense is not prohibited or

:3=~~:f the punishment is not specifically provided for by any

Montanalaws. law of the United States, the offender shall be subJect to

the same punishment as the laws of the State of Montana

in force at the time of the commission of the offense may

provide for a like offense in said State; and no subsequent repeal of any such law of the State of Montana

shall affect any prosecution for said offense committed

within said park. (U.S.C., title 16, sec. 169.) Bunting,. ~hing. SEC.4. That all hunting or the killing wounding or etc.,prohIbIted. . .

f b' d ' ld "

]

,

capturmg at any tIme 0

.

any Ir or WI amma, except

dangerous animals when it is necessary to prevent them

from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor

shall any fish be taken out of the waters of the park in

any other way thal1 by hook and line, and then only at

such seasons and in such times and manner as may be

directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules

Regulations, etc. and regulations as he may deem necessary and proper

for the mauagement and care of the park and for the

protection of the property therein, especially for the

preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to the

v I 36 354passage of the Act of May eleventh, nip "teen hundred

Be~p,l:il' ~and ten (Thirty-sixth Statutes, page threo:: hundred and
LEGISLATION RELATING TO NATIONAL PARKS 141

fifty-four), natural curiosities, or wonderful objects

within said park, and for the protection of the animals

and birds in the park from capture or destruction, and to

prevent their being frightened or driven from the park;

and he shall make rules and regulations governing the

taking of fish from the streams or lakes in the park.

Possession within said park of the dead bodies, or any E.v\dU'ce of

part thereof, of any wild bird or animal shall be prima

VIO B ODL

facie evidence that the person or persons having the same

are guilty of violating this Act. Any person or persons,

or stage or express company, or railway company, who

knows or has reason to believe that they were taken or

killed contrary to the provisions of this Act and who

receives for transportation any of said animals, birds,

or fish so killed, caught, or taken, or who shall violate P!,nisJ?ment for

any of the other provisions of this Act or any' rule or

nO)BtloDL

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, mineral deposits, other than those legally located

prior to the passage of the Act of May eleventh, nineteen

hundred and ten (Thirty-sixth Statutes, page .three hundred and fifty-four), natural curiosities, or wonderful

objects within said park, or for the protection of the

animals, birds, or fish in the park, or who shall within

said park commit any damage, injury, or spoliation to

or upon any building,. fence, hedge, gate, guidepost, tree,

wood, underwood, tImber, garden, crops, vegetables,

plants, land, springs, mineral deposits other than those

legally located prior to the passage of the Act of May

eleventh, nineteen hundred and ten (Thirty-sixth Statutes, page three hundred and fifty-four), natural curiosities, or other matter or thing growing or being thereon,

or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than

$500, or imprisonment not exceeding six months, or both,

and be adjudged to pay all costs of the proceedings.

(U.S. C., title 16, sec. 170.)

SEC. 5. That all guns, traps, teams, horses, or means ForfeItureof

of transportation of everv nature or description used by ~~ri~tr~:

any person or persons wIthin said park limits when en-

.

gaged in killing~ trapping, ensnaring, or capturing such

wild beasts, birds, or wild animals shall be forfeited to

the United States and may be seized by the officers in

said park and held pending the prosecution of any person or persons arrested under charge of violating the

provisions of this J..ct, and upon conviction under this

Act of such person or persons using said guns, traps,

teams, horses, or other .meanS of transportation, such forfeiture shall be adjudicated as a penalty in addition to

the other punishment .provided in this Act. Such f.or-
142 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

feited property shall be disposed of and accounted for by

and under the authority of the Secretary of the Interior.

(U.S.C., title 16, sec. 171.) Commissioner.

Appointment, SEC. 6. That the United States district court for the

authority,etc.' district of Montana. shall appoint a commissioner, who

shall reside in the park, and who shall have jurisdiction

to hear and act upon all complaints made of any violations of law or of the rules and regulations made by the

Secretary of the Interior for the government of the park

and. for the protection of the animals, birds, and fish, and

objects of interest therein, and for other purposes authorized by this Act.

.Judlcfal powers, Such commissioner shall have power, upon sworn in- In violation of f "

. 1:

f h U

.

ted rulel,de. ormatIOn, to Issue process In tIle name 0 t e m

States for the arrest of any person charged with the commission 'of any misdemeanor, or charged with a violation

of the rules and regulations, or with a violation of any

of the f

rovisions of this Act prescribed for the government 0 said park and for the protection of the animals,

birds, and fish in said park, and to try the person so

charged, and, if found guilty, to impose punishment and

to adjudge the forfeiture prescribed.

In all cases of conviction an appeal shall lie from the

judgment of said commissioner to the United States district court for the district of Montana, and the United

States district court in said district shall prescribe the

rules of procedure and practice for said commissioner in

the trial of cases and for appeal to said United States

district court. (U.S.C., title 16,sec.H2.)

ProcedureIn SEC. 7. That any such commissioner shall also have crIminalcues. power to issue process as hereinbefore provided for the

arrest of any person charged with the commission, within

said boundaries, of any criminal offense not covered by

the provisions. of section four of this Act, to hear the

evidence i~troduced, and if he is of opinion that probable

cause is shown for holding the person so charged for

trial, shall cause such person to be safely conveyed to a

secure place of confinement within the jurisdiction of the

United States district court for the district of Montana,

and certify a transcript of the record of his proceedings

and the testimony in the case to said court which court

shall have jurisdiction of the case: Provided, That the

said commissioner shall grant bail in all cases bailable

under the laws of the United States or of said State.

(U.S. C., title-16, sec. 173.) .

SEC. 8. That all process issued by the commissioner

shall be directed to the marshal of the United States for

the district of Montana, but nothing herein contained

shaH be so construed as to prevent tbe arrest by any

officer or employee of the Government, or any person

employed by the United States in the policing of said

reservation, within said boundaries, without process, of

any person taken in the act of violating the law or this

Appeel8.

8nYlce of

pr_
LEGISLATION RELATING TO NATIONAL PARKS 143

Act, or the regulations prescribed by said Secretary as

aforesaid. (D.S.C., title 16, sec..174.)

SEO. 9. That the commissioner provided for in this f!1

Act shall be paid an annual salary of $1,500, payable P~::l:o,.

quarterly: Provided, That the said commissioner shall U(sldence.

residel within the exterior boundaries of said Glacier National Park, at a place to be designated by the court making such appointment: And provided further, That all

fees, costs, and expenses collected by the commissioner D Ita f

shall be dis:posed of as provided in sections eleven and f: eto.o

twelve of thIS Act. (U.S.C. title 16, sec. 175.)

SEC. 10. That all fees, costs, and expenses arising in UnitedState.

<:ases under this Act and properly chargeable to the lees,etc.

United States shall be certified, approved, and paid as

are like fees, costs, and expenses in the courts of the

United States. (U.S.C., title 16, sec. 177.)

SEC.11. That all fines and costs imposed and collected.

shall be deposited by said commissioner of the United ~~3fC08ts.

States or the marshal of the United States collecting the

same with the clerk of the United States district court

for the district. of Montana. (D.S.C., title 16, sec. 176.)

SEC.12. That the Secretary of the Interior shall notify, A~taDceof in writing, the governor of the State of Montana of tJie celllOII.

passage and approval of this Act.

.Act of Legislature of Kontana, approved Karoh 8, 1919, amending

State General J'ish and Game Laws to provide that licenses 11-

lued thereunder shan not entitle holder to hunt in any 1'I'ational Park within the State of Kontana (Law. of Kontana,

1919, p. 178)

Be it ~ed by the Legislative .A88em:blyof the SkU

0/ Montana, That Chapt.er 173 of the laws of the Fifteenth Legislative Assembly of the State of Montana, be

and the same is hereby amended by adding thereto a

section numbered 5A, as follows:

«SEC. 5A. All licenses issued under the provisions of

this Act shall have printed upon the face thereof in large

black-faced type the following words:

.

".' 4his license does not authorize the holder to hunt within the boundaries of any national park within the

State of MontaiIa~'"

SEC.2. All Acts and parts of Acts in confl.ict herewith

are hereby repealed.

SEC.3. .This Act shall be in full force and effect from

and after its passage and approval.

.Act of the Legislature of Kontana, approved I'ebruar:v 17, 1929,

to grant to the 'United States concurrent police Jurisdiction

over the right. i)f way of the Blaokfeet, J[1ghway, and over

the rightl of way of ita connections with the Glacier Park road

qttem on the Blackfeet Indian Reservation in the State of Kontana (Laws of Kontana, 1929, p. 88)

B~ i~ enacted by the Legislative A88embly 0/ the State

of Montana, That concurrent police jurisdiction shall be.

and the same is hereby granted to the Uniied States of
144 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

America, over and within all the territory which is now

or may hereafter be included in the rights of way of

the Blackfeet Highway, including the highway itself

throughout its length between Glacier Pa-rk StatIon and

the Canadian boundary line, and including also the rights

of way of the highways on the Blackfeet Indian Reservation connecting the Blackfeet Highway with the

Glacier Park road system, including the highways

themselves.

SEO. 2. That jurisdiction herein granted shall not "est

until the United States of America through the proper

officers, notifies the Governor of the State of Montana

that they assume concurrent police jurisdiction over the

said rights of way and the said highways.

SEC. 3. This Act shall be in full force and effect from

and after its passage and approval and upon compliance

by the United States of America with section two of

this Act.

An Act To accept the grant by the state of :Montana of concurrent.

police jurisdiction over the rights of way of the Blackfeet Highway, and over the rights of way of its connections with the

Glacier National Park road system on the Blackfeet Indian Res.

ervation in the State of :Montana, approved :May 2, 1,932 (47

Stat, 144)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress

:I~~~fe~tf ~~~h-a8sembkd, That the provisions of the act of the Legisway. Mont.

f Acceptance 0

lature of the State of Montana, approved Februar y 27,

1929 t' h U

.

d St I

. grantby Mon. , gran mg to t e mteates concurrent po Ice

::~: j~fri~ic~i~~jurisdiction over and within all the territory which is

~~~[io~~d ~ili: n

f

ow

th

or

B

m

l

aY

kf

her

t

e

H

a~e

h

r be in.clu

l

de

d

~in t

h

he

h

r~g

h

hts of. wa

l

Y

f GlacierNational0 e ac ee 19 way, mc u mg t e 19 way ltse Pm. throughout its length between Glacier Park Station and

the Canadian boundary line, and including also the rights

Ap~IicabiUty of way of the highways on the Blackfeet Indian Reser- of ederal law.,etc. vation connectinO' the Blackfeet Hi ghwa y with the I+.. Glacier Nationall"ark road system, including the highways themselves, are hereby accepted) and the laws and

regulations of the United States relatmg to and while in

force within the Glacier National Park, so far as applicable, are hereby extended over and within the territory of said rights of way and highways. (U.S.C., 6th

supp., title 16, sec. 181.)

SEO.2. The Secretary of the Interior shall notify, in

~::.~;~

toGov. writing, the Governor of the State of Montana of the

passage and approval of this Act, and so far as the interests of the Umted States shall require, the said Secretary

J\dmlnlst.-ailv>1 shall ex'~rciseadministrative control and jurisdiction over control. said rights of w~y and highways through the National

Park Service. (U.S.C., 6th supp., title 16, sec.'18111,.)

Commilllionor SEC.3. The United States commissioner for the Glacier

fm' Glacier Na. tlonalPark. NatlOna ' I Par k sh11,1I have jurisdiction under the provi-
LEGISLATION RELATING TO NATIONAL PARKS 145

sions of the Act of August 22 1914 (38 Stat 699) of JuriadidloD

,

.

. , extended.

viola.tions- of la.w or the rules a.nd remIla.tlOns of the yol.S~.p.691).

Be f th I t

. .

f

.

thinP- .d

.

hts f

amended. See

cret&ry 0 e n enor III orce WI sal rIg 0 p. 189.

way and highways. (U.S.C., 6th supp., title 16, sec.

181b.)

Excerpt from" An Act Jlaking appropriations for sundry civil

expenses of the Government for the fiscal year ending June 30,

1911,and for other purposes," approved Karoh 4,1911 (38 Stat.

1421)

All proceeds of leases and other revenues that may be

derived from any source connected with the Glacier Na- g~~erp:'~

tional Park Montana, shall be expended under the direc- ~r:.:e&. ;

tion of the Secretary of the Interior in the administration leaseu, etc.~ to be

and improvement of the park, and the construction of :fni~ti: ~t

roads, trails, bridges, a.nd so forth, therein. (U.S.C., title roa:" etc.,in

16, sec. 180.) m-epealedby

Stat. 1028, but'6

.

wi hi i

subject matter

An Act To authorize the sale of land t n or near the town s te cove,'ed by

of Midvale, Montana, for hotel purposes, approved February 10, u.s.a., title 18,

1912 (37 Stat. 64) sec. 452, n Stat.

590, as amended.

Be it enacted by the Bennie and H(YU8e of Representa- Seep.11.)

tives of the United. States of America in Oongress a8-

sem1Jled., That the Secretary of the Interior is hereby

authorized to sell and convey to Louis W. Hill, his heirs,

executors, or administrators, for hotel purposes, at a price

to be fixed by appraisement, a.t not less than. twenty-five

dollars per acre, and under such terms, conditions and

regulations as the Secretary of the Interior may prescribe, not to exceed one hundred and sixty acres of land,

not heretofore sold or allotted, within or near the town BlacldeetIndio

site of Midvale, Montana, within the Blackfeet Indian ~ese:'V8tion.

Reservation, the proceeds from the sale of said lands to be ~~of land III,

deposited in the Treasury to the credit of the Blackfeet ~'::'~

Tribe of Indians: Provided, however, That any hotel {i°1'tt

erected on said lands shall be operated by the said Louis

egua ODS.

W. Hill, his executors, administrators, heirs, or assigns,

under such rules and regulations as the Secretary of the

Interior may prescribe for the conduct and operation of

hotels within the" Glacier National Park": Arnd prO- Additionto

vided al>80,That the Sec.retary of the Interior may, in his

townsite.

discretion, add to the said town site of Midvale from the

unallotted triba.1lands not to exceed forty acres of land

to be disposed of for town-site purposes in accordance

with the provisions of the Act of March first, nineteen Vol.3', p.

hundred and seven (Thirty-fourth Statutes at Large, 1089.

page ten hundred and thirty-nine).

SEC. 2. That the Secretary of the Interior is hereby authorized and directed, at his discretion, to withdraw from Withdrawalfor

entry and sale not to exceed five acres of the lands em- ~~~~.er

Nst\onar

braced within the said town site of Midvale, or any addition thereto, fQr use in administrative purposes of the

said Glacier National Park.
146 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

An Act To authorize the Great Northern Railway Company to revise the location of its right of way, and for otJ1.er purposes,

approved February 27, 1915 (38 stat. 814)

Be it enacted by the Senate and House of RepJ'esentatives of the United States of America in Oongress assembled, That, with the consent and approval of the Secretary of the Interior and upon the filing with the Interior

Department and the approval thereof by said Secretary

of maps of definite location within three years from the

passage of this Act, the Great Northern Railway Company, a corporation of the State of Minnesota, be, and it

is hereby, authorized to revise the location of that part of

its line of rail way along the southern boundary of the

Ke8trlct1oD8, etc.Glacier National Park, in the State of Montana, on the

terms and conditions and subject to the limitations and

restrictions granted by and contained in an Act of Congress entitled "An Act granting to railroads the right of

way through the public lands of the United States," ap- Vol.18,p. m. proved March 3, 1875 (18 Stat. 482), as amended by an

Act of Congress entitled "An Act making appropriations to supply deficiencies in the appropriations for the

fiscal year ending June 30, 1899, and for prior years, and

Vol 80 p 1288for other purposes," approved March 3, 1899 (30 Stat.

1T~o;.' .

1233) : Provilkd1 That all lands' north of the north line

~~~a'W~ to of the revised rIght of way, when said revised line of tionalPark. right of way shall have been approved as aforesaid, shall

be excluded from the Lewis and Clark National Forest,

and become and remain part of the Glacier National

Park, and be subject to all the provisions of an Act of

Congress entitled "An Act to establish' the Glacier National Park' in the Rockv Mountains south of the international boundary line in the State of Montana, and for

~~'P~~3~}U.other purposes," approved May 11, 1910 (36 Stat. 354),

and to all the provIsions of any Act of Congress that ma.y

hereafter be passed relative to said park, and the regulations of the Secretary of the Interior heretofore or hereafter prescribed in accordance with law for the governLand ddd

ment of the Park, and that any and all lands south of the

Lewi:~ndeci~rknorth line of such revised line of right of way which may

~~rfO~1:orest.now be within the Glacier National Park, shall become

1753.

,.

and remain a part of the Lewis and Clark National

Forest and be subject to and be governed by the laws

heretofore or hereafter enacted by Congress and the regulations heretofore or hereafter prescribed by the Secretary of Agriculture for the control of national forests:

Provided further, That before the Secretary of the Interior shall consent to and approve the revision of location herein authorized, the Great Northern Railway

RelinquishmentCompany shall file with the said Secretary a relinquish- of formerright ment of all claims of whatever nature to that of way. Portion of

its right of way affected by said revised location.

Montana.

Great Northern

Railw,.y Company may

change location

of right of

wayIn. .
LEGISLATION RELATING TO NATIONAL PARKS 147

Excerpt from" An Act Making appropriations for sundry civil ex.

penses of the Government for the fiscal year ending lune 30,

1917, and for other purposes," approved luly 1, 1916 (39 stat.

308)

The S~cretary of the Interior is authorized to accept Gla~e~National

patented lands or rights of way over patented lands in I~ta~~ta:r"

the Glacier National Park that may be donated for park ~~natedlands,

purposes. (U.S. C., title 16, sec. 179.)

An Act For the reUef of certain homestead entrymen for land

within the Umits of the Glacier :National Park, approved luly 3,

1916 (39 Stat. 342)

Be it en(l(Jted by the Senate and H O1JJ8eof Represent- Glacier,Nat

.

f h

TT .

t d St t f A

. .

0

tional Park.

awes 0 t e u n't e a es 0 meruXli 'tn ongress as- Conflnnationor

sembled, That the homestead entries heretofore made by g~~~~eg

prior

Howard E. Jones, Ernest R. Henthorn, Daniel C. Dov- entrieswithin.

erspike, Ora Reeves, Louis N. Fournier, Pat Doyle, Walter E. Barricklow, and Frank Kelly for lands within the

"limits of the Glacier National Park, in the Kalispell,

Montana, land district, which entries were allowed under

orders issued by the Secretary of the Interior on May

twenty-first and twenty-fifth, nineteen hundred and ten,

based upon lists approved by_the Secretary of Agriculture prior to the passage of the Act of May eleventh,

nineteen hundred and ten (36 Stat. 354), creating the Vol.BII,p. 811..

said Glacier National Park.] be, and they are hereby,

Seep.IBB.

excepted from the force and effect of said Act of May

eleventh, nineteen hundred and ten: Pro'lJ'iMd, That Pr01lVo.

should said entries not be perfected as required by law ::'=edn~

the lands embraced therein shall revert to and become a

revertto park,

part of the said Glacier National Park.

An Act To authorize the sale of certain lands at or near Belton,

Kontana, for hotel purposes, approved Karch 2, 1917 (39 Stat.

994)

Be it enaeted by the Sen(Lte and HO'/Ji8eof Representa- GlacierPark

tives of the United States of America in Oongress as- ~~~

a~mpaDT.

sembled, That the Secretary of the Interior be, and ~;o';;.,M.:ri'to.

hereby is, authorized to sell and convey to the Glacier

Park Hotel Company, a corporation organized under the

laws of the State of Minnesota and authorized to do

business in the State of Montana, its successors and assigns, for hotel purposes, and at a price to be fixed by

appraisement at not less than $25 per acre, and under

such terms, conditions, and regulations as the Secretary

of the Interior may prescribe, all that part of the south

half of the northwest quarter of section thirty-six, in

township thirty-two north, of range nineteen west, Montana prmcipal meridian, within the following-described

area: Beginning ata point on the southerly line of the DescliptioD.

right of way of the Great Northern Railway Company,

one hundred feet southerly from and at right angles to the
148 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

center line of the main track of said railway at a point in

said center line four hundred and eighty-four feet easterly

from its intersection with the west line of said section

thirty-six; thence southerly at right angles to said center

line three hundred and thirty feet, this course following

approximately the line of the westerly fence constructed

by the United States Forestry Service in nineteen hundred

and nine; thence easterly at right angles to the lastdescribed course six hundred and seventy-two feet;

thence northerly at right angles to the last-described

course to the said southerly line of right of way, this

course following, approximately, the line of the easterly

fence constructed by the United States Forestry Service

in nineteen hundred and nine; thence westerly alon~ the

said southerly line of the right of way of the \ireat

Northern Railway to the place of beginning, excepting

therefrom that portion within lot eight, containing five

acres, more or less, within the Flathead National Forest.

hotMo. at or near Belton, Montana: Provided, however, That

SubJrtlto parkany hotel erected on said land shall be operated by the

~ ~6~~ 864.said Glacier Park Hotel Company, its successors and as- Seep.188. signs, under such rules and regulations as the Secretary

of the Interior may prescribe for the conduct and operation of hotels within the Glacier National Park. (U.S.C.,

title 16, sec. 178.)

Aseertalmnent

of nlue of

lands and of

timber oll'ered

in eJrcbaDge.

An Act To authorize an exchange of lands with owners of private

holdings within the Glacier National Park, approved March 3,

1917 (39 Stat. 1122)

Be it e1U1J(Jtedby the Senate and House of Representatives of the United States of America in Oongress a8sem8~~e~a~:-Mo_bled, That the Secretary of the Interior, for the purpose

tana.

,n

of eliminating private holdings within the Glacier N a-

~~:JeJland. in,tional Park and the preservation intact of the natural

~ b:X~~~~~edofforest along the roads in the scenic portions of the park,

timber,etc. both on patented and park lands, is hereby empowered,

in his discretion, to obtain for the United States the complete title to any or all of the lands held in private or

State ownership within' the boundaries of said park

within townships thirty-two and thirty-three north,

J'anges eighteen and nineteen west of Montana principal

meridian, by the exchange of dead, decadent, or matured

timber of approximately equal values that can be removed

from any part of the park without injuriously affecting

the scenic beauty thereof; or upon the approval of the

Secretary of Agriculture, the timber to be selected or exchanged may be taken from the Governtnent lands within

the metes and bounds of the national forests within the

State of Montana. (V.S.C., title 16, sec. 164.)

SEC. 2. That the value of all patented lands within

said park, including the timber thereon, offered for exchange, and the value of the timber on park lands, or on

Government lands within the metes and bounds of the
LEGISLATION RELATING TO NATIONAL PARKS 149

national forests within the State of Montana, proposed

to be given in exchange for such patented landsl shall be

ascertained in such manner as the Secretary 01 the Interior and the Secretary of Agriculture may jointly in

their discretion direct, and all expenses incident to ascertaining such values shall be paid by the owners of said

patented lands; and such owners shall, before any exchange is effective, furnish the Secretary of the Interior

evidence satisfactory to him of title to the patented lands

offered in exchange; and if the value of tunber on park =~~: of

lands or on the Government lands in the national forests tlmb"l'.

within the State of Montana exceeds the value of the

patented lands deeded to the Government in exchange,

such excesS shall be paid to the Secretary of the InterIor

by the owners of the patented lands before any tinlber

is removed, and shall be deposited and covered into the ProNo

Treasury as miscellaneous receipts: Provided, That the LaD~~ddedto

lands conveyed to the Government under this Act shall GlacierPark.

become a part of the- Glacier National Park. (U.S. C.,

title 16, sec. 166.)

SEC. 3. That all timber on Government la~ds in the =&1 ~~ the

park must be cut and removed under regulatIons to be park.

prescribed by the Secretary of the Interior, and any damage which may result to the roads or any part of the park

or the national forests in consequence of the cutting and

temoval of the timber therefrom shall be borne by the

owners of the patented lands, and bonds satisfactOry to

the Secretary of the Interior and the Secretary of Agriculture, jointly, must be given for the payment of such

damages, if any, as shall be determined by the Secretary ~~ to be

of the Interior so far as the same relatesJto lands within

a national park and by the Secretary of Agriculture

where the same relates to lands in the national forests:

Provided further, That the Secretary of Agriculture and ProwYo.

the Secretary of the Interior shall jointly report to Con- Jointreportsof

gress in detail the factors upon which valuations were ,"aluation.

made. (U.S.C., title 16, sec. 167.)

An Act To authorize an exchange of lands with owners of private

land holdings within the Glacier :National Park, approved February 28, 1923 (42 Stat. 1324)

Be it enacted by the Senate and House Q

f Repr esenta- GlaclerNational

. . . Park,Montana.

twes of the Umted States of Amel'wa in Oong1'ess ussen/'- Exchangewitb

bled, That the Secretary of the Interior, for the purpose f::'d:.t:J'~:.""of

of eliminating private holdings of land within the

Glacier National Park, is hereby empowered, in his discretion, to obtain for the United States the complete title

to any or all of the lands held in private ownership within

the boundaries of said park by accepting from the owners of such privately owned lands complete relinquishment thereof and by granting and patenting to such owners, in exchange therefor, in each instance, like public

land of equal value situate in the State of Montana, after
JlOO LAWS :rOB NAT. PARK SERVIOE, PARKS, Qh11I10NU:nmNTS

due notice of the proposed exchange has bssn given by

publicl!.tion for not less than thirty dl!.Ysin the counties

where the lands proposed to be exchanged or taken in

exche.nge are located. (U.S.C., title 16, sec. 164.)

~

of Sma. 2. The,t the value of all patented lands within

ooid park, including the timber thereon, offered foX'

exchange, and the value of other lands of the United

States elsewhere.situate, to be given in exchange therefor, shall be ascertained in such manner as the Secretary

of the Interior may direct; and the owners of such privately ownec lands within said park shall before any

exchange is effective, furnish the Secre~ry of the Interior

evidence satisfactory to him of title to the patented lands

T:tadck:dto offered in exchange; and lands conveyed to the Govern- II!1tiooal prk. ment under this Act shall be and remain a part of the

Glacier National Park. (U.S.C., title 16, sec. 165.)

Ixcerpts from" An Act 11Ilaking appropriations for sundry civil

egpenses of the Government for the fiscal year ending .June 80,

1918, and for other purpose~," approved .Tune 12, 1917 (~O Stat.

151)

~~~~:D~::anal The Secretary of the Interior is authorized, in his <listocee~taDce of' cretion, to accept buildings, moneys, or other properiy II!!ODD. which may be useful in the betterment of the admimstration and affairs of the Glacier National Park under his

supervision, and which may be donated for park purposes.

(U.S.C., title 16, sec. 179.)

An Act For the relief of Fannie 11Il.Hollingsworth, approved J:a:aroh

23, 1928 (45 Stat. 1711)

Be it enactea by the Senate and H 0'IJJ86of Representatives of the United States of America in OO'lLg'res8

aS8e111lJlea4That the Secretary of the Interior is hereby

authorized and empowered to grant permission to Fannie

II'ClDDle M.Bol- M. Hollingsworth to divert, through a one-inch pipe, for liDasworth.

use for domestic purposes and fire protection on the propM"[ d~vert erty hereinafter described, water from a spring in It

:ri~ ';:~In wester.ly direction from the said property approximately

~:.~erfO~aJ:,~nal four hundred and fifty yards, tne said sprmg being the

meade.etc., only one within such distance of the house on the said

=liptlon. property, which is described as follows: Lot 4 of section

15 in township 33 north of range 18 west of the Montana

principal meridian, in Flathead COUIity, State of Montan!? containing approximatel l

eleven acres, accordin~ to

the tiovernment survey thereo ,subject to such conditIons

as the Secretary of the Interior may prescribe and subject further to the right of said Secretary to terminate

any permit granted hereunder when, in his judgment,

l!IubJcato Goy. the Particular water shall be needed b

r

ornJI1liiDt neada. the GOvernment

in the administration and protection 0 Glacier National

Park.
LEGISLATION RELATING TO NATIONA!,. PARKS 151

Ezaerpu from "An Act To provide for uniform administration of

the national parks by the United States Department of the Interior, and for other purpOIeI," approved lanaary 28, 1931 ('8

Stat. 1M3)

SEC. 3. No permit, license, lease or other authoriza- ~~~~:n~

tion for the use of land within the Glacier National ParkJ p~t8fOr~'

Montana. . . for the erection and maintenance ot ::hi::i'f:: (..

lNIDIIler'homes or cottages shall be granted or made: ~.:. sr~

Provided, however, That the Secretary of the Interior ~

~ it r~tea

may, in his discretion, renew any permit, license, lease, 8ee~8.

mee.

or other authorization for such purpose heretofore ~ of ptagranted or made. (US.C., 6th supp., title 16, sec. 162a.) .ent

1_, de.

SEC. 5. The acquIsition of rights of way through the ~=;~~Of

valleys of the north and middle forks of the Flathead Glacier,Mont.

.

R' f ste 1 t

. .

1

.

th Gl . N'

(RepealS 3«1Stat.

Iver or am or e ec nc ral ways m e aCIer a- 36',U.S.C., Utle

tional Park MOlltana under filings or Proceedin

~

under 1«1,sec. 161, in,

,

.

'

.. . sofar.. relateeto

the laws applicable to the acqUIsitIon of such rIg ts over steamor electric

h

.

ted bli d ' f h U ' d

railway rights of

or upon t e unap'propna pu c omam 0 t e moo y. Seep.188.)

States is prohibited. (U.S.C., 6th supp., title 16,

sec. 161.)

An Act Por estabUlhment of the Waterton-Glacier International

Peace Park, approved Kay' I, 1932 (47 Stat. 145)

Be it enacted by the S(NI,(],teand H O'U8eof Representatives of the United States of America in Oongress

assem1Jlet!, That for th~ J;>urpose ?f pe:manently commemoratmg the 10ng-exIstmg relatIonshIp of peace and ~~::~ti~2.t1ac1er

good will existing between the people and Governments ~=l= t f.

of Canada and the United States and upon the enact- ConCUJTellt':c.

0

ment by the pr?per autb~ity of the 9anadian GoverntionbyOanada.

moot of a similar proV1SlOnrespectmg the Waterton

Lakes National Park in the Province of Alberta and

upon the proclamation of the President of the United ~rocJamat1oD III

States, who is hereby authorized to issue such a proclamal8IIUe.

tion, the Glacier National Park in the State of Mon- GlacierNatioDal

. .' Park to becomea

tana shall become a part of an mternatIOnal park to be part.

known as the Waterton-Glacier International Peace

Park. (US.C., 6th supp., title 16, sec. 161a.)

SEC.2. For purposes of administration, promotion, de- D=~~

velopment, and support by appropriations that part of r;:eu'~~tedStateL

the said Waterton-Glacier International Peace Park

within the territory of the United States shall be designated as the Glacier National Park. (US.C., 6th supp.,

title 16, sec. 161b.)
An Act To establish the Rocky :Mountain National Park in the

State of Colorado, and for other purposes, approved lanuary 26,

1915 (38 Stat. 798)

Be it enacted by the Senate a(nd House of Representa,-

tives of the United States of A.1nc-rica in Congress assembled, That the tract of land in the State of Colorado

particularly described by and included within metes and

bounds as follows, to wit: Beginning at the southeast

corner of section thirty-fonr, township three north, range

seventy-three west of the sixth principal meridian, Colorado, thence north along the section lines to the northeast

corner of section three, said township; thence west to the

northwest corner of said section; thence north along the

section lines to the northeast c'orner of section sixteen,

township four north, range seventy-three west; thence

west to the northwest corner of said section; thence north

to the northeast corner of section eight, said township;

152

11. Rocky Mountain National Park

Act of January 26, 1915, establishing 'the Rocky Mountain Nation~ Park__________________________________________________________.

Act of March 1, 1919, repealing last proviso of section 4 of the act of

January 26, 1915, relath'e to limitation on appropriations for the

Rocky Mountain National Park___n_nn_________________________

Act of February 14, 1917, adding certain lands to the Rocky Mountain

National Park__________________________________________________

Excerpt from Sundry Civil Act of June 12, 1917, authorizing acceptance of

patented lands or rights of way over patented lands in the Rocky

Mountain National Park that may be donated for park purposes______

Act of September 18, 1922, authorizing the acceptance of a certain tract of

land donated as a site for an administration building for the Rocky

Mountain National Park ~___ ______ _ ____

Act of June 2,/}924, transferring certain lands of the United States from

the Rocky M.ountain National Park to the Colorado National Forest__

Act of Februarx 24, 1925, authorizing the exchange of certain patented

lands in the Rocky Mountain NatiGnal Park for Government lands in

thepark ~------------------_______

Act of June 9, 1926, eliminating certain privately owned lands from the

Rocky Mountain National Park and transferring certain other lands

from the Rocky Mountain National Park to the Colorado National

Forest_________________________________________________________

Act of Legislature of Colorado, approved February 19, 1929, ceding to

the United States exclusive jurisdiction over the Rocky. Mountain

National Park _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Act of March 2, 1929, accepting cession by Colorado of exclusive jurisdiction over lands embraced within the Rocky Mountain National

Park :_

Act of June 21, 1930, providing for addition of certain lands to the Rocky

Mountain National Park___ _ _ _ ___ __ _ _ 0

_ _ _ _ no ___ __ _ _ _ _ _ _ _n _ _ _ _

n

Excerpt from act of January 26, 1931, to provide for uniform administration of the national parks, repealing authority to grant rights of way

within the Rocky Mountain National Park n________.___

Rocky Mountain

National Park,

Colo., estab.

lished.

Description.

(Amended by

vol. 39, p. 916.

See p. 155.)

Pap

15Z

155

155

157

151

157

15&

15&

162

163

166

16&
LEGISLATION RELATING TO NATIONAL PARKS

thence west along the section lines to the northwest corner

of section seven, said township; thence north to the northeast corner of township four north, range seventy-four

west; thence west along the first correction line north, to

the southeast corner of section thirty-six, township five

north, range seventy-four west; thence north along the

range line to the northeast corner of the southeast quarter

of the southeast quarter of section thirteen said townsbip; thence west to the northwest corner of the southeast

quarter of the southeast quarter of section fourteen, said

township; thence north to the northwest corner of the

northeast quarter of the southeast quarter of section

eleven, said township; thence east to the northeast corner

of tlte northeast quarter of the southeast quarter of section twelve, said township; thence south along the range

line to the southeast corner of said section; thence east

alon~ the section lines to the southeast corner of the

southwest quarter of section ten, township five north,

range seventy-three west; thence north to the northeast

corner of the southwest quarter of said section; thence

east to the southeast corner of the northeast quarter of

said section; thence north to the northeast corner of said

section; thence east to the southeast corner of the southwest quarter of the southwest quarter of section two, said

township; thence north to the northeast corner of the

southwest quarter of the southwest quarter of said section; thence east to the southeast corner of the northeast

quarter of the southwest quarter, said section; thence

north to the northeast corner of the northeast quarter of

the southwest quarter of said section; thence east to the

southeaSt corner of the northeast quarter of section one,

said township; thence north along the range line to the

northeast corner of section thirty-six, township seven

north, range seventy-three west; thence west along the

section lines to the intersection with the west bank of the

Big South Cache la Poudre River in township seven

north, range seventy-five west; thence Southeasterly' along

the west bank of said river to the mouth of a tributary

of said river, probably in section one, township six north,

range seventy-five west; said tributary headinp: at La

Poudre Pass in section twenty, township six north, range

seventy-five west; thence southwesterly along the west

bank of said tributary to its head; thence across the continental divide to the headwaters of the North Fork of

the Grand River, which also heads at La Poudre Pass;

thence down the west bank of the North Fork .of the

Grand River to its intersection with the section line between sections twenty-nine and thirty, township six

north, range seventy-live west; thence south along the

section lines to the southeast corner of section eigliteen,

township five north, range seventy-five west; thence west

along the section line to its intersection with the west

bank of the North Fork of the Grand River; thence down

153
154 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

the west bank of the North Fork of the Grand River to

its intersection with the section line between sections:

twenty-five and thirty-six, township four north, range

seventy-six west; thence east to the northeast corner of

section thirty-six, said township; thence south along the

range line to the southeast coiner of said township;

thence east along the township line to the northeast

cor!ler of the northwest quarter of section four, township

three north, range seventy-five west; thence south to the

southwest corner "Ofthe northeast quarter of section nine,

said township] thence west along the quarter section line

to its intersectIOn with a creek in section seven, said township, this creek being an outlet of Grand Lake, and flowing into the North Fork of the Grand River; thence

southerly along the said creek to its junction with the

North Fork of the Grand River; thence southerly along

the west bank of the North Fork of the Grand River to

its intersection with the township line between townships

two and three north; thence east along the township line

to the southeast corner of section thirty-four, township

three north, range seventy-three west of the sixth princIpal meridian, Colorado, the place of beginnin~, all of

said above-described tract now being included wIthin the

boundaries of the counties of Grand, Boulder, and Larimer, in the State of Colorado, is hereby reserved and

withdrawn from settlement, occupancy, or disposal under

the laws of the United States, and said tract IS dedicated

and set apart as a public park for the benefit and enjoyment of the people of the United States, under the name

of the Rocky Mountain National Park: Provided, That

the United States Reclamation Service may enter upon

and utilize for flowage or other purposes any area within

said park which may be necessary for the development

and maintenance of a Government reclamation project.

(U.S.C., title 16, sec. 191.)

BmtIDgentr:lfll. SEC.2. That nothing herein contained shall affect any

::reS.ot1m- valid existing ~laim, location, or entry under the land

laws of the Umted States, whether for homestead, minRlltht.8of'lll'llY. eral, right of way, or any other purpose whatsoever, or

Vol.81,p.7110.shall affect the rIghts of any such claimant, locator, or

entryman to the full use and enjoyment of his land.

Whenever consistent with the primary purposes of the

park the Act of February fifteenth, nineteen hundred

and one, applicable to the location of rights of way in

certain natIOnal parks and the national forests for irrigation and other purposes, shall be and remain applicable

to the lands included within the park. The Secretary of

the Interior may, in his discretion and upon such condi-

(IAItpro'ffsfODtions as he may deem wise, grant easements or rights of

repealedby'" way for steam, elec~ric, or similar transportation upon

~~8~r8. Seeor across the park. (D.S.C., title 16, sec. 193.)

p t

SEC. 3. That no lands located within the park bound.

ah1~e~e:w. aries now held in private, municipal, or State ownership

Pr0t140.

Reclamation

Service U88

allowed.
LEGISLATION RELATING TO NATIONAL PARKS 155

shall be affected by or subject to the provisions of this

Act. (U.S.C., title 16, sec. 194.)

SEC. 4. T4at the said park shall be under thQ executive

control of the Secretary of the Interior, and it shall be Regulationof.

the duty of the said executive authority, as soon 88 prac- control,etc.

ticable, to make and J?ublish such reasonable rules and

regulations, not incollSlstent with the laws of the United

States, !is the said authority may deem necessary 01'

proper for the care, protection, management, and improvement of the same, the said regulations being primarily aimed at the freest use of the said park for

recreation purposes by the public and for the preservation of the natural conditions and scenic beauties thereof.

The said authority may, in his. discretion, exec~te leases Lea.eeeforaocom.

to parcels of ground not exceeding twenty acres m extent modatlOD8.of

.

I to f

visitonlde.

m anyone p ace any person or company or not to (AmeDdedby88

exceed twenty years whenever such ground is necessaJ:y ~::;J:' -:

for the erection of establishments for the accommodation pp.II-lt:) ee

of visitors, may grant such other necessary privile~es

and conces$ions as he deems wise for the accommodatlon

of visitors, and may likewise arrange for the removal of

such mature or dead or dow)l timber as he may deem

necessary and advisable for the protection and improvement of the park. The regulatIOns governing the park

shall include provisions for the use of automobiles

therein (U.S.C., title 16, sec. 195): Provided, That no ProlJUO

appropriation for the maintenance, supervision or im- Limit0;'appro.

provement of said park in excess of $10,000 annually priatloDB.

shall be made unless the same shall have first been expressly authorized by law. (Repealed by 40 Stat. 1270.

See p. 155 below.)

An Act To repeal the last proviso ot section tour ot an Act to estabish the Rocky Mountain National Park, in the State ot Colorado,

and tor other purposes, approved lanuary twenty-sixth, nineteen

hundred and fltteen, approved March 1, 1919 (40 Stat. 1270)

Be it enacted by the Senate a:ndHouse of Representa- ~~1't~~D'kID

tives of the United States of .America in Oongress aBsem- 0010.

ar.

bled, That the last proviso of section four of an Act Vol.S8.p. 798,

entitled "An Act to establish the Rocky Mountain Na- aml~:ed.See

tional Park, in the State of Colorado, and for other

p. .

purposes," approved January twenty-sixth, nineteen hun- ~::;:~ro~Dt:r

dred and fifteen, which is in the words and figures repealed. .

following: "Provided, That no appropriation for the

maintenance, supervisIOn, or improvement of said park

in excess of $10,000 annually shall be made unless the

same shall have first been expressly authorized b~ la.w,"

be, and the same is hereby, repealed. (U.S.C., title 16,

sec. 195.)

An Act To add certain lands to the Rocky Koun+ :~al

Park, Colorado,approved :February 14, 1917 (89 Sta'$..,..,

Be it enacted by the Senate and HOU8e of Representatives of the United States of .America i1; -:'ongre8s a88Sm-
156 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

RoekyMountainbled, That the eastern boundary line of the Rocky MounNatiooalPark t

. N.

I P k be th .

0010. . am ationa ar tween e section corner common

:::=res to sections two and three, township three nO.l"th,and sec- Vol.sa.p.708,tions thirty-four and thirty-five, township four north,

amended. See h d th sh .

p..161. range seventy-t ree west, an e town IP corner common to townships five and six north, ranges seventy-two

and seventy-three west, is hereby changed so as to read

as follows:

"

Beginning at a point on the present eastern boundary

line of the Rocky Mountain National Park, Colorado,

which is the northwest corner of section two and the

northeast corner' of section three, tOWDshiJ? three north,

range seventy-three west of the sixth princIpal meridian,

Colorado, running thence east along the township line to

its intersection WIth the main hydrographic divide east

of Cow Creek, between section thirty-one, township four

north, and section six, township three north, range seventy-two west; thence northwesterly following along said

I!ydrographic divide, passmgover Twin Sisters, The

Crags, passing west of Lily Lake, and continuing along

said hydrographic divide, now between Aspen Brook and

Fish Creek and passing o\ter Lily Mountain and Gianttrack Mountain to a (Y<)intwhich is the southeast corner

of section thirty-four and the southwest corner of section

thirty-five, township five north, range seventy-three west;

thence north along the section lines between sections

thirty-four and thirty-five, twenty-six and twenty-seven,

twenty-two and twenty-three, fourteen and fifteen, to the

quarter corner common to sections fourteen and fift~,

all in township five north, range seventy-three west;

thence east along quarter-section line, through sections

fourteen and thirteen, township five north, ran~ seventythree west and alonf{ the continuation of said quartersection line through section eighteen to the quarter corner

common to ~tions eighteen and seventeen, township five

north, range seventy-two west; thence north along the

section line between sections ei~hteen and seventeen,

seven and eight, five and six. aU in township fin> north,

range seventy-two west, to that point which IS the northeast corner of section six and the northwest corner of section five in said t{)wnship and range; thence west along

the township line to the township corner common to

townships five and six north, ranges seventy-two and

seventy-three west, which is on the J?resent eastern boundary line of the Rocky Mountain N atIonal.Park, Colorado."

Lnd!Iaddedto, And the lands lying between the present existing east-

~~ =.a ern boundary and the eastern boundary as changed by

this Act between said section corner common to sections

two and three, township three north, and sections thirtyfour and thirty-fiv~ township four north. range seventythree west, and said tOwnshIP corner common to townships five and six north, ranges seventy-two and seventy-
LEGISLATION RELATING TO NATIONAL PARKS 157

three west, are hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the

United States, and said tracts are hereby made a part of

and included in the Rocky Mountain National Park, and

all the provisions of the Act to establish the Rocky

Mountain National Park in the State of Colorado, and

for other purposes, approved January twenty-sixth,

nineteen hundred and fifteen, are hereby made applicable

to and .extended over the lands hereby added to the park.

(U.S. C., title 16, see. 192.)

E:l:cerpt from "An Act J[a]ring appropriations for" sundry civil

ezpenscs of thc Government for the fiscal year ending lune 30,

1918, and for other purposes," approved lune 11, 1917 (40 Stat.

151)

The Secretary of the Interior is authorized to accept ~~opn.:.n

patented lands or rights of way over patented lands m :'c:r=.o~

the Rocky Mountain ~ational Park that may be donated

for park purposes. (U.S. C., title 16,sec. 195.)

An Act To author1ae the Secretary of the Interior to accept a

certain tract of land donated as a site for an administration

building for the :Rocky Kountain National hrk, approved September 18, 1911 (41 Stat. (47)

B6 it enacted by the Senate o:nd H0U8e of Representatives of the UnitetJ States of America in Oongr688 assemlJl.etJ, That the Secretary of the Interior be, and he is =":~~D hereby, authorized to accept a certain tract of land in the Siteforadminfs.

town of Estes Park, Colorado, described as lot five, :::~=,diDg

Buena Vista Terrace, in the southeast quarter of the

northwest quarter, section twenty-five, township five

north, ran."ae seventy-three west of the sixth principal

meridian, Larimer .County, Colorado, donated by the

Estes Park Woman's Club as a site for an administration building for the Rocky Mountain National Park.

An Act To transfer certain lands of the United States from the

:RockyKountain National Park to the ColoradoNational Forest,

Colorado,approved lune I, 19M (0 Stat. 151)

Be it 6'MCted by the Senate and House of Representati'f168of tM United States of America in Oongress assembled. That those portions of the following-described

tracts now within the Rocky Mountain National Park be: ColoradoNaticmal and are hereby, transferred to the Colorado National Forest.0010.

Forest and shall hereafter be subject to all laws relating =::trom

t~ the use and administration of the national forests: ~OpD~

Section 10; northwest quarter of southeast quarter, south- a ar

west quarter of the northeast quarter, and the southwest

quarter of section 11; northwest quarter of the northeast

quarter, north half of the northwest quarter, and the

southwest quarter of the northwest quarter of section '15;

and the northeast quarter of section 16; township 6

north, range 75 west, sixth principal meridian.
158 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

An Act To authorize the exchange of certain patented lands in

the Rocky Mountain National Park for Government lands in the

park, approved February 24, 1925 (43 Stat. 973)

Be it enacted by the Se'J'Wte and House of Representatives of the United States of .America in Oongress {])8sembled, That the owner of the northeast quarter southeast.

quarter section 22; northwest quarter southwest quarter,

east half southeast quarter section 23; and northeast

quarter northeast quarter section 26, township 4 north,

range 74 west, sixth principal meridian, Colorado, within

R k M

the Rocky Mountain National Park, is hereby permitted

oc y

ountaln d I

.

d

.

h f

.

I

. Nati,-,nal Park, an autlOl'lZe to convey t e ee-slmp e tit Ie th ere t0 to

~~hangeof the United States, and select in lieu thereof the south half

lat.ulsof southeast quarter, south half northeast quarter southeast

prIvate owners andaddedtothe quarter, sout h h aIf souteast h quarter sout hwest quarter, park. south half south half northwest quarter southeast quarter, south half north half southeast quarter southwest

quarter, section 7, township 4 north, range 73 west, and

the north half north half northwest quarter northeast

quarter, north half north half northeast quarter northwest quarter, section 18, township 4 north, range 73 west

of said meridian; and the Secretary of the Interior is

hereby authorized and empowered to accept such conveyance and thereafter cause a patent for the lands so

selected to be issued to such owner, :r:.eserving to the

United States, however, such ri~hts of way as may be

needed for the construction aud maintenance of roads in

the park: Provided, That the lands so conveyed shall

become and be !t part of said park and be subject to all

laws and regulations relating to other lands therein.

Prov..o.

Conveyed lands

made part of

park.

Rocky Mountain

National Park,

Colo.

Bouudarles

mocWled.

North boundary.

An Act To eliminate certain privately owned lands from the Rocky

Mountain National Park and to transfer certain other lands

from the Rocky lII<>untain National Park to the Colorado National Forest, Colorado, approved June 9, 1928 (44 Stat. 712)

Be it enacted by th{3 Senate and H OW8e.of Representatives of the Unitefl States of America in Oongress

o.8sem1Jled, That portions of the north and east boundary

of the Rocky Mountain National Park are hereby revised

as follows:

North boundary, beginning at the northwest corner of

the northeast quarter of the northeast quarter of section

33, township 7 north, range 74 west, being a point on the

present north boundary line of the Rocky Mountain National Park; thence southerly to the southwest corner of

the northeast quarter of the northeast quarter of said

section; thence westerly to the southeast corner of the

northwest quarter of the northwest quarter of said section; thence northerly to the northeast corner of the

northwest quarter of the northwest quarter of said section, being a point on the present north boundary line

of the R~ky Mountain National Park and the end of the

above-described change of said boundary; and
LEGISLATION RELATING TO NATIONAL PARKS 159

East boundary, beginning at the northeast corner of Eastboundary.

section 3, township 3 north, range 73 west of the sixth ,

principal meridian, Colorado, bemg a point on the present east boundary line of Rocky Mountain National

Park; thence westerly along the township line to the

northwest corner of said section; th!'.nce northerly along

section line to the southwest corner of the northwest quarter of section 34, township 4 north, range 73 west; thence

easterly to the southeast corner of the southwest quarter

of the northwest quarter of said section, thence northerly

to the northeast corner of the northwest quarter of the

northwest quarter of said section; thence westerly to the

northwest corner of said section; thence northerly along

section lines to the southwest corner of the northwest

quarter of the southwest quarter of section 22, said township; thence easterly to {he southeast corner of the northeast quarter of the southwest quarter of said section;

thence northerly to the southwest corner of the northwest

quarter of the northeast quarter of said section; thence

easterly to the southeast corner of the northeast quarter

of the northeast quarter of said section; thence northerly

along section lines to the northeast corner of the southeast quarter of the southeast quarter of section 15, said

township; thence westerly to the northwest corner of the

southwest quarter of the southeast quarter of said section; thence northerly passing through the northeast corner of the northwest quarter of said section, to the northeast corner of the southeast quarter of the southwest

quarter of section 10, said township; thence westerly to

the northwest corner of the southeast quarter of the southwest quarter of said section; thence northerly to the

northeast corner of the northwest quarter of the southwest quarter of said section; thence westerly, passing

through the northwest corner of the southwest quarter of

said section, to the northwest corner of the northeast

quarter of the southwest quarter of section 9, said township; thence southerly to the northeast corner of the

southwest quarter of the southwest quarter of said section; thence westerly to the northwest corner of the

sOuthwest quarter of the southwest quarter of said section; thence northerly along section lines to the northeast

corner of the southeast quarter of the southeast quarter

of section 5, said township; thence westerly tq the northwest corner of the southeast quarter of the southeast

quarter of said section; thence southerly to the southwest

corner of the southeast quarter of the southeast quarter

of said section; thence westerly along section line to the

southeast corner of the southwest quarter of said section;

thence northerly to the northeast corner of the southwest

quarter of said section; thence westerly to the northwest

corner of the southwest quarter of said section; thence

northerly along section line to the northeast corner of

seCtion 6, said township; thence easterly along the first
]60 L\WS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

correction line north to the southeast corner of the southwest quarter of section 32, township 5 north, range 73

west; thence northerly to the northeast corner of the

northwest quarter of said section; thence westerly along

s~ction line to the northwest corner of said section; thence

northerly along section lines to the southwest corner of

the northwest quarter of the southwest quarter of section

20, said townshi p; thence easterly to the northwest corner

of the south(>8st quarter of the southeast quarter of said

section; thence southerly, passing through the southwest

eorner of the southeast quarter of the southeast quarter

of said section, to the southwest corner of the northeast

quarter of the northeast quarter of section 29, said township; thence easterly to the southeast corner of the northeast quarter of the northeast quarter of said section;

thence southerly to the southwest corner of the northwest

quarter of seetion 28, said township; thence easterly to

the southeast corner of the southwest quarter of the northwest quarter of said section; thence northerly to the

northeast corner of the southwest quarter of the northwest quarter of said section; thence easterly, passil\g

through the southeast corner of the northea.st quarter of

the northeast quarter of said section, to the southeast

corner of the northeast quarter of the northeast qua.rter

of section 21~ said township; thence northerly along section line to the northeast corner of said section; thence

westerly along section line to the southeast corner of the

soutliwest quarter of the southwest quarter of section 22,

said township; thence northerly to the northeast corner

of the northwest quarter of the northwest quarter of said

section; thence westerly along section lines to the southeast corner of the southwest quarter of section 16, said

township; thence northerly to the northeast corner of

the southeast quarter of the southwest quarter of said section; thence westerly to the northwest corner of the southwest quarter of the southwest quarter of said section.

thence northerly along section line to the center line of

the north branch of Fall River; thence northwesterly

810n~ the center line of the north branch of Fall River

to the west line of the east half of the east half of section

17, said township; thence southerly to the northeast corner of the southwest quarter of the southeast quarter of

!::Ilidsection; thence westerly to the northwest corner of

the southwest quarter of the southeast quarter of said

section; thence southerly to the southwest corner of the

southeast quarter of said section; thence westerly along

section line to the southeast corner of section 18, said

township; thence northerly along section line to the

northeast corner of said section; thence easterly along

~ction line to the northwest corner of section 16, said

township; thence southerly along section line to the southwest corner of the northwest quarter of the northwest

.quarter of said 'seCtion; thence. easterly to the northwest
LEGISLATION RELATI~G TO NATIONAL PARKS 161

corner of the southwest quarter of the northeast quarter

of said section; thence southerly to the southwest corner

of the northeast quarter of said section; thence easterly,

passing through the southeast corner of the northeast

quarter of said section,. to the northwest corner of the

northeast quarter of the southwest quarter of section 15;

said township; thence southerly to the southwest corner

of the northeas(; quarter of the southwest quarter of said

sectioIl-; thence easterly to the southeast corner of the

northeast quarter of the southwest quarter of said section; thence northerly to the southwest corner of the

northeast quarter of said section; thence easterly on midsection lines to the southeast corner of the northwest

quarter of section ~8, township 5 north,- range 72 west;

thence northerly to the southwest corner of the northwest

quarter of the northeast quarter of said section; thence

easterly to the southeast corner of the northeast quarter

of the northeast quarter of said section; thence northerly

l'long section lines to the northeast corner of section 7,

said township; thence westerly along section line to the

southeast corner of the southwest quarter of section 6,

said township; thence northerly to the northeast corner

of the southeast quarter of the southwest quarter of said

section; thence westerly to the northwest corner of the

southwest quarter of the southwest quarter of said section; thence northerly to the northwest corner of said

section, being a point on the present east boundary line of

Rocky Mountain National Park and the end of the change

of said boundary: PrO'lJided,however, That the following

Pro':i:'iemamt lands shall remain and be a part of the Rocky Mountain ~~e park. DIf

National Park: The northwest quarter of the northeast

quarter and the east half of the northeast quarter of the

northwest quarter of section 34, township 5 north, range

73 west; all of that portion of the following described

lands located in township 4 north, range 73 west, lying

west of the hydrographic divide that forms the eastern

boundary of the watershed of Cow Creek and of Aspen

Brook; the east half pf the northeast quarter of section

35; the east half of the southeast quarter and the southeast quarter of the northeast quarter of section 26; section 24; section 25; the east half of section 23: Provided

;urtheJ', That those portions of the following-described Landsexcluded,

lands that are hereby excluded from the Rocky Mountain :io~~~d

Na.tional Park, are hereby transferred to and made a National Forest.

part of the Colorado National Forest, subject to all laws

and regulations applicable to National Forests; the northwest quarter of the northeast quarter and northeast quarter of the northwest quarter, section 33, township 7 north,

range 74 west; section 6, township 5 north, range 72 west;

the southeast quarter of the southeast quarter of section

34. townshin 5 north, range 73 west; sections 3, 10, and

15~township 4 north, range 73 west. (U.S.C., 6th supp.,

t.itle 16, sec. 192a.)
162 LAWS FOR NAT. PATIK SERVICE, PARKS, & MONUMENTS

SEC. 2. The Secretary of the Interidt is hereby authorized in his discretion to permit, by license, lease, or other

authorization, the use of the necessary land in the Rocky

Mountain National Park for the maintenance and operation in its present height and capacity, of the Arbuckle

Number 2 Reservoir. (U.S.C., 6th supp., title 16, sec.

196.)

Pro\>islonaof SEC. 3. That the provisions of the Act of January 26,

formeracts 1915, entitled "An Act to establish the Rocky Mountain

t~~~I~;:'lep. 798.National Park in the State of Colorado, and for other

Seep.152. Vol. purposes" and Act of Au O'ust 25 1916 entitled "An Act 89,p. 585. 1 . I::> '.

,

See.p.9. to establIsh a natIOnal-park serVIce, and for other purposes," and all Acts supplementary to and amendatory

of said Acts are made applicable to and extended over

Provuo. the lands hereby added to the park: Provided, That the

~:tt~~~~~~/ctprovisions of the Act of June 10,1920, entitled "An Act

Vol.41,p.1063.to create a Federal power commission; to provide for the

improvement of navigation; the development of water

power; the use of the public lands in relation thereto;

and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other

purposes," shall not apply to or extend over such lands.

(U.S. C., 6th BUpp., title 16, sec. 197.)

Maintenance of

Arbuckle No. \I

Reservoir permltte<L

Act of General Assembly of Colorado, approved February 19, 1929,

ceding to the United States exclusive jurisdiction over the Rocky

MountaiIt National J'ark in the State of Colorado (Session Law,8

of Colorado, 1929, p. 475)

Be it enacted by the General Assembly of the State of

Oolorado, ExclusIve jurisdiction shall be, and the same

is hereby ceded to the United States of America over

and within all of the territory which is now included in

that tract of land in the State of Color-ado set aside and

dedicated for park purposes by the United States, known

as the Rocky Mountain National Park, saving, however,

to the State of Colorado the right to serve civil or criminal process within the limits of the aforesaid' park, in

suits or prosecutions for or on account of rights acquired,

obligations incurred, or crimes committed outside of

said park, and saving further to the said State the right

to tax persons and corporations, their franchises and

property on the lands included in said tracts, and saving,

also, to the persons residing in said park now or hereafter the right to vote at all elections held within the

county or counties in which said tracts are situated; and

saving to all persons residing within said park upon

lands now privately owned witl~in said l

arl~ ~ccess to

and' from such lands, and all rIghts an prIvIleges as

citizens Qf the United States and saving to the people of

Colorado all vested, appropriated and existing water

rights and rights of way connected therewith, including all existing irrigation conduits and ditches: Provided, }wWfJver, That jurisdiction shall not vest in the
LEGISLATION RELATING TO NATIONAL PARKS 163

United States now or hereafter over any lands included

within said park until the United States, through its

proper officers,notifies the State of Colorado, thI'ough its

Governor, that the United States assumes police Jurisdiction over the respective tracts involved.

An Act To accept the cession by the State of Colorado of exclusive

Jurisdiction over the lands embraced within the Rocky Mountain

National Park, and for other purposes, approved March 2, 1929

(45 Stat. 1538)

Be it enacted by the Senate (Nld House of RepT'esentatives 01 the United States of America in Oongress a8sem..

bled)..That the provisions of the act of the Legislature of

the ;:;tate of Colorado, approved February 19, 1929, ceding to the United States exclusive jurisdiction over the

territory embraced and included within the Rocky MGun- Roc!<yMountain

tain National Park, are hereby accepted, and sole and ~lt~~nalPart,

exclusive jurisdiction is hereby assumed by the United

States over such territory, savmg, however, to the State AcceptalJCeol

of Colorado the ri~ht to serve civil or criminal process ~~~:o:v~

within the limits of the aforesaid park in suits or prose- 1'i)~::iilD.

cutions for or on account of rights acquired, obligations Rl:rhtareserved

incurred, or crimes committed outside of said park; and ~t~~~=t saving further to the said State the right to tax persons

.

and corporations, their franchises and property on the

lands included in said tract; and saving also to the persons residing in said park now or hereafter the right to

vote at all elections held within the county or counties in

which said tracts are situated; and saving to all persons

residing within said park upon lands now privately

owned within said park access to and from such lands

and all rights and :privileges as citizens of the State of

Colorado; and savmg to the people of Colorado all

vested, appropriated, and existing water rights and rights

of way connected therewith, including all existing Irrigation conduits and ditches. All the laws applicable to Appli()8.tlonol

places under the sole and exclusive jurisdiction of the ~~.edBtatel

United States shall have force and effect in said park.

All fugitives from justice taking refuge in said park Extradition01

shall be subject to the same laws as refugees from justice criminals.

found in the State of Colorado. (U.S.C., 6th supp., title

16, sec. 198.)

SEC. 2. That said park shall constitute a part of the

United States judicial district for the State of Colorado, Assignedto

and the district court of the United States in and for ~l~r:t0 Judicfal

said district shall have jurisdiction of all offenses committed within said boundaries. (U.S. C., 6th supp., title

16, sec. 198a.)

SEC. 3. That if any offense shall be committed in the

Rocky Mountain National Park, which offense is not prohibit~d or the punishment for which is not specifically Punishment 01

provIded for by p,nr law of the United States, the of- ~~~~

fender shall be subject to the same punishment as the

laws of the State of Colorado in force at the time of the
commission of the offense may provide for a like offense

in said State; and no subsequent repeal of any such law

of the State of Colorado shall affect any prosecution for

said offense committed within said park. (V.S.C., 6th

supp., title 16, sec. 198b.)

Hunting,ftshing, SEC. 4. That all hunting or the killing, wounding, or

etc.,prohibitions. capturing at any time of any wild bird or animal, except

dangerous animals when it is necessary to prevent them

from destroying human lives 01' inflicting personal injury, is prohibited within the limits of said park; nor

shall any fish be taken out of the waters of the park in

any other way than by hook and line, and then only at

such seasons and in such times and manner as may be

directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such genRegulations, etc.,eral rules and regulations as he may deem necessary and

to beprescribed. proper for the management and care of the park and for

the protection of the property therein, especially for the

preservation from injury or spGliation of all timber,

natural curiosities, or wonderful objects within said park,

and for the protection of the animals and birds in the

park from capture or destruction, and to prevent their

being frightened or driven from the park; and he shall

make rules and regulations governing the taking of fish

from the streams or lakes in the park. Possession within

said park of the dead bodies, or any part thereof, of any

wild bird or animal shall be prima facie evidence that

the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express

company, or railway company, who knows or has reason

to believe that they were taken or killed contrary to the

provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught,

or taken, or who shall violate any of the provisions of

this Act or a~y 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 prob~ction of the property therein, for the preservation from

injury or spoliation of timber, natural curiosities, or

wonderful objects within said :park, or for the protection

of the animals~ birds, or fish m the park, or who shall

within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants1 land, springs, natural curiosities, or other

matter or thmg growing or being thereon or situated

therein, shall be deemed guilty of a misdemeanor and

shall be subject to a fine of not more than $500 or im..

prisonment not exceeding six months, or both, and be

adjudged to pay all costs of the proceedings. (V.S.C.,

6th supp., title 16, sec. 198c.)

Forfeitureof SEC. 5. That all guns, traps, teams, horses, or means

~~:-OO~' of transportation of every nature or description used by

164

Evidence of

violatioll8.

Purdshment for

violating apooifled provlst018

bereof, etc.

Penalty.

LAWS FOR NAT PARK SERYICE, PARKS, & MONUMENTS
LEGISLATION RELATING TO NATIONAL PARKS 165

any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such

wild beasts, birds, or ammals shall be forfeited to the

United States and may be seized bv the officers in said

park and held pending the prosecut'ion of any pei'son or

persons arrested under charge of violating the provisions

of this Act, and upon conviction under this Act of such

person or persons using said guns, traps, teams, horses,

or other means of tl'ansportation, such forfeiture shall be

adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall

be disposed of and accounted for by a~d under the aUthority of the Secretary of the Interior. (U.S. C., 6th

supp., title 16, sec. 198d.)

SEC. 6. That the United States District Court for the ~mm~:':f.for.

State of Colorado shall appoint a commissioner who shall aU~'ity. etc..

reside in the park and who shallliave jurisdiction to hear

and act upon all complaints made of any violations of

law or of the rules and regulations made by the Secretary

of the Interior for the government of the park and for

the protection of the animals, birds, and fish, and objects

of interest therein, and for other purposes authorized by

this Act.

Such commissioner shall have power, upon sworn in.- JUdic:'al J:::V1!n formation, to issue prQcess in the name of the United ~:0:c. 0118of

States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation

of the rules and regulations, or with a violation of any

of the provisions of this Act prescribed for the government of said park and for the protection of animals,

birds, and fish in said park, and to try the persons so

charged, and, if found guilty, to impose punishment an.d

to adjudge the forfeiture prescribed.

In all cases of conviction an appeal shall lie from the =18 to

judgment of said commissioner to the United States Dis- ct court.

trict Court for the State of Colorado, and the United

States district court in said district shall prescribe the

rules of procedure and practice for said commissioner in

the trial of cases and for appeal to said United States

district court. (U.S.C., 6th supp., title 16, sec. 198e.)

SEO. 7. That such commissioner shall also have power ProcedurelD

to issue process as hereinbefore provided for the arrest crfm1nal_

of any person charged with the commission within said

boundaries of any criminal offense not covered by the

provisions of section 4 of this Act to hear the evidence

introduced, and if he is of Qpinion that probable cause

is shown for holding the person so charged for trial shall

cause such person to be safely conveyed to a secure place

of confinement within the jurisdiction of the United

States District Court for the State of Colorado, and certify a transcript of the record of his proceedings and the

testimony in the case to said court, which court shall have

jurisdictIon of the case: PrO'Vided, That the said commis- =u~wed.
166 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

sioner shall grant bail in all cases bailable under the laws

of the United States or of said Stltte. (U.S.C., 6th supp.,

title 16, sec. 198f.) Serviceofprocess. SEC. 8. That all process issued by the commissioner

shall be directed to the marshal of the United States for Summaryarrests.the district of Colorado, but' nothing herein contained

shall be so construed as to prevent the arrest by any officer or employee of the Government or any person employed by the United States in the policing of said reservatIOn within said boundaries without process of any

person taken in the act of violatin~ the law or this Act

or the regulations prescribed by the said Secretary as

aforesaid. (U.S.C., 6th supp., title 16, sec. 1989.)

SEC.9. That the commissioner provided for in this Act

shall be paid an annual salary as appropriated for by

Congress, payable quarterly: Provided, That the said

commissioner shall reside wIthin the exterior boundaries

of said Rocky Mountain National Park, at a place to be

designated by the court makin~ such appointment: And

provided further, That all fee::;,costs and expenses colDfapoBa1 offeealected by the commissioner shall be disposed of as provided in section 11 of this Act. (U.S.C., 6th supp., title

16, sec. 198h.)

Ye:~edStatea SEC. 10. That all fees, costs, and expenses arising in

cases under this Act and properly chargeable to the

United States shall be certified, approved, and paid as

are like fees, costs, and expenses in the courts of the

United States. (U.S.C., 6th supp., title 16, sec. 198i.)

~:~~f 6nea SEC.11. That all fines and costs imposed and collected

shall be deposited by said commissioner of the United

States, or the marshal of the United States collecting the

same, with the clerk of the United StMeS District Court

for the State of Colorado. (u.s. C., 6th supp., title 16,

sec. 198j.) Acceptance of SEC.12. That the Secretary of the Interior shall notify, cession. in writing, the Governor of the State of Colorado of the

passage and approval of this Act.

Pay of commiaioner.

ProWo,.

Residence

required.

An Act To provide for the Qddition of certain lands to the Rocky

Mountain National Park, in the State of Colorado, approved

June 21, 1930 (~6 Stat. 791)

~~1~0~~ Be it. eruwted by tho Senate fJJrUi.H0'UJ8eof Represent0010.

.

atives of the United States of America in Oongress as-

~d~~ih~~do sembled, That the President of the United St~tes is .

hereby authorized, upon the recommendation of the Secretary of the Interior, and with respect to lands located

in a national forest upon the joint recommendation of the

Secretaries of the Interior and of Agriculture, to add to

the Rocky Mountain National Park, in the State of Colorado, by Executive proclamation any or all of the following-described lands, to wit:

Sections 5 and 6, township 3 north, range 75 west.

All of section 3 except the northeast quarter northeast

quarter; all of section 4; north half, north half southeast

DelCription.
LEOISLAXION RELATING TO NATIONAL PARKS 167

quarter, southwest quarter southea&t quarter section 5;

north half, northwest quarter southwest quarter section

9; north half, northeast quarter southwest quarter, southeast quarter section 10; northeast quarter, north half

southeast quarter section 15, in township 4 north, range

73 west.

North half, southwest quarter, northwest quarter

southeast quarter section 17; south half south west quartel', southwest quarter southeast quarter section 20; south

half northeast quarter, southeast quarter northwest quarter, south half section 28; all of section 29 except northeast quarter northeast quarter; east half section 32; all

of section 33; southwest quarter northeast quarter, northwest quarter northwest quarter, south half northwest

quarter, southwest quarter, west half southeast quarter,

southeast quarter southeast quarter section 34, in township 5 north, range 73 west.

All of sections 6, 7, and 18; that portion of sedion 19

lying outside ~f park boundary, in township 5 north,

range 75 west.

All of sections 1, 2, 11, 12, 13, 14, 23, and 24; those portions of sections 3 and 10 lying east of the Continental

Divide; that portion of sectIOn 15 lying east of the Continental Divide and Qn the eastern slope of Mount Nimbus; and that portion of section 22 lymg on the eastern

slop.e of Baker Mountain, in township 5 north, range

76 west.

All of sections 19, 30, and 31; that portion of section

20 lying outside of the. park boundary and south of the

boundary line between Larimer and Grand Counties;

that J?art of sections 11 and 18 lying south of the boundary' lme between Larimer and Grand Counties and the

Continental Divide and that part of section 29 lying outside the park boundary, in township 6 north, range 75

west. \

All of sections 25, 26, 35, and 36; those portions of sections 13, 22, 23, 24, 27, and 34 lying east of the Continental Divide, in township 6 north, range 76 west; and

all the lands added to said park pursuant hereto shall be,

and are hereby, made subject to all laws, rules, and regulations applicable to and in force in the Rocky Mountain

National Park. (U.S. C., 6th supp., title 16, sec. 192b.)

SEC. 2. That nothing- herein contained shall affect anv Priorrllthtaof

ves~ed aI,ld. accrue~ rights ?f ownership of l.a~ds or any 0::t~. etc..

vahd eXlstmg claIm, locatIOn, or entry eXlstmg under P

the land laws of the United States at the date of passage

of this Act, whether for homestead, mineral, rights of

way, or any other purposes whatsoever, or any water

rights and or rights of way connected therewith, including reservoirs, conduits, and ditChes, as may be recognized by local customs, laws, and decisions of courts, or

shall affect the rig-ht of any such owner, claimant, locator,

or entryman to the full use and enjoyment of his land.

(V.S.C., 6th supp., title 16, sec. 192c.)
168 LAWS FOR NAT. PAHK SERVICE, PARKS, & MONUMENTS

Excerpt fro.m "An Act To. provide fo.r unifo.rm administratio.n o.f

the natio.nal parks by the United states Department o.f the Interio.r, and fo.r o.ther purpoiles," appro.ved .January 26, 1931 (46

Stat. 1043)

SEC.7. The provision of the Act of January 26, 1915

Grants of rights .(38 ~tat.. 798)., authorizing the Secreta1:Y.of the Interior, of waywithin In hIS dIscretIOn and upon such condItIons as he may

Rocky Mountain d

.

t

.

NatiooalPark, eem WISe,to ~ant easemen s or rIg hts 0f way for steam,

~r~~'v1sion ofelectric, or simIlar transportation upon or across the lands

Vol.88,p.m, within the Rocky Mountain National Park, is hereby

S:~1'52. repealed. (U.S. C., 6th Supp.; title 16, sec. 193.)
12. Hawaii National Park

Act of August 1, 1916, establishing a national park in the Territory of

HawaiL _ _ _ __ __ __ __ _ __ ___ ___ ______

Aot of June 5,1924, repealing first proviso of section 4 of the act of August

1, 1916, relative to limitation on appropriations for the Hawaii National

Park__________________________________________________________

Act of February 27, 1920, authorizing the Governor of the Territory of

Hawaii to acquire privately owned lands and rights of way within the

boundaries-of the Hawaii National Park u___________

Ac:o 0fh~ila~a}f~~t~~~~r~:rk~~i~_ :r~~.~_~r_~~~~ ~~_~~~ _i~~~~~~~_~~~~i~

Act of March 10, 1924, extending the provisions of certain laws to the

Territory of HawaiL _ _ __ _ _ _ _ __ __ __ _ _ u

_ _ _ _ __ __ __

Act of February 12, 1927; revising the boundary of the Hawaii National

Park on the island of MauL______________________________________

Act of April 11, 1928, .revising the boundary of the Hawaii National Park

on the island of HawaiL __ __ __ ___ ____ ____ ______

Act of April 19, 1930, providing for the exercise of sole and exclusive

jurisdiction by the United States over the Hawaii National Park_____

An Aot To establish a national park in the Territory of Hawaii,

approved August 1, 1916 (39 Stat. 432)

Be it enacted by the Senate and House of Representatives of the United States of Amerioa in Oongress assembled, That the tracts of land on the island of Hawaii and IIswaiiNational

on the island of Maui, in the Territory of Hawaii, here- ~:::blishedon

inafter described, shall be perpetually dedicated and set. island:!0.'Hawaii

apart as a public 'park or pleasure ground for the benefit andMaul.

and enjoyment of the people of the United States, to be

known as Hawaii National Park. Said tracts of land are

described as follows:

First. All that tract of land comprising portions of the Descriptl?!"

lands of Kapapala and Keauhou, In the district of Kau, OnHawau.

and Kahaualea, Panaunui, and Apua, in the district of

Puna, on the island of Hawaii, containing approximately

thirty-five thousand eight hundred and sixty-five acres,

bounded as follows: Beginning at a point on the west

edge of the Keamoku Aa Flow (lava flow of eighteen

hundred and twenty-three), from which point the true

azimuth and distance to Government survey trigonometrical station Ohaikea is one hundred and sixty-six dewees twenty minutes, six thousand three hundred and

fifty feet, and running by true azimuths: (First) Along

the west edge of the Keamoku lava flow in a northeasterly and northwesterly direction, the direct azimuth and

distance being one hundred and ninety-eight degrees t.en

minutes, fourteen thousand seven hundred feet; (second)

t.wo hundred and fifty-six degrees, eleven thousand four

169

Page

169

173

173

174

175

176

179

182
170 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

hundred feet, more or less, across the land of Kapapala

and Keauhou to a marked point on the Humuula trail;

(third) three hundred and twenty~eight degrees fifteen

minutes, eight thousand seven hundred and twenty-five

feet, across the land of Keauhou to the top of the fault

north of the Kau road; (fourth) along the fault in a

northeasterly direction, the direction azimuth and distance being two hundred and fifty-one degrees and thirty

minutes, four thousand three hundred and thirty feet;

(fifth) two hundred and forty-five degrees, six thousand

feet, to a point near the southwest boundary of the land

of Olaa; (sixth) three hundred and thirty-seven degrees

ten minutes, eight thousand six hundred and fifty feet,

more or less, to the junction of the Hilo and Keauhou

roads; (seventh) three hundred and thirty-three degrees

and twenty minutes, three thousand three hundred feet,

more or less, to the southwest corner of the land of

Keaau; (eighth) three hundred and thirty-two degrees

and ten minutes, seven thousand feet, alon~ the land of

Kahaualea; (ninth) two hundred and eighty-one degrees,

thirty thousand three hundred and seventy-five feet, more

or less, across the land of Kahaualea, passing through the

notth corner of the land of Panaunui, to the north corner

of the land of Laeapuki; (tenth) thirty-one degrees

thirty minutes, thirteen thousand two hWldred feet, more

or less, along the land of Laeapuki and across the land of

Panaunui; (eleventh) eighty-nine de~ees and ten minutes, thirty-two thousand nine hundred feet, more or less,

across the land of Panaunui, Apua, and Keauhou tQ

"Palilele-o-Kalihipaa ", the boundary point of the Keauhou-Kapapala boundary; (twelfth) fifty-one degrees and

thirty minutes, five thousand and five hundred feet, across

the land of Kapapala; (thirteenth) one hundred and two

degrees and fifty minutes, nineteen thousand one hundred and fifty feet, across the land of Kapapala to a

small cone about one thousand five hundred feet southwest of Puu Koae tri~onometrical station; (fourteenth)

one hundred and sIXty-six degrees twenty minutes,

twenty-one thousand feet, across the land of Kapapala to

the point of beginning.

Second. All that tract of land comprising portions of

the lands of Kapapala and Kahuku, in the district of

Kan, island of Hawaii; Keauhou second, in the district

of North Kona; and Kaohe, in the district of Hamaku\t,

containing seventeen thousand nine hundred and twenty

acres, bounded as follows: Beginning at Pohaku Hanalei

of Humuula, a small cone on the brow of Mauna Loa, and

at the common boundary points of the lands of Humuula,

Kapapala, and Kaohe, from which the true azimuth and

distance to Government survey trigonometrical station

Omaokoili is one hundred and ninety-five degrees twelve

minutes eighteen seconds, seventy-eight thousand two

hundred and eighty-six feet, and running by true azi-
LEGISLATION RELATING TO NATIONAL PARKS 171

muths: First, two hundred and ninety-eight degrees, five

thousand two hundred and forty feet; second, twentyeight degrees, thirty-six thousand nine hundred and sixty

feet; thIrd, one hundred and eighteen degrees, twentyone thousand one hundred and twenty feet; fourth, two

hundred and eig~t degrees, thirty-six thousand nine hundred and 'sixty feet; fifth, two hundred and ninety-eight

degrees, fifteen thousand eight hundred and eighty feet,

to the point of beginning.

Third. A strip of land of sufficient width for a road to

connect the two tracts of land on the island of Hawaii

above described, the width and location of which strip

shall be determined by the Secretary of the Interior.

Fourth. All that tract of land comprising portions of OnMauL

the lands of Honuaula and Kula, in the district of Makawao, and Kipahulu, Kaupo, and Kahikinui, in the district of Hana, on the island of Maui, containing approximately twenty-one thousand one hundred and fifty acres,

bounded as follows: Beginning at a po\nt called Kolekole,

on the summit near'the most western point of the rim of

the crater of Haleakala and running by approximate

azimuths and distances: First, hundred and ninety-three

degrees forty-five minutes nineteen thousand three hundred and fifty feet along the west slope of the crater of

Haleakala to' a point called Puu-o-Ili; second, two hundred and sixty-eight degrees twenty-three thousand feet

up the western slope and across Koolau Gap to the point

where the southwest boundary of Koolau Forest Reserve

crosses the east rim of Koolau Gap; third, three hundred

and six degrees thirty minutes seventeen thousand one

hundred and. fifty feet along the southwest boundary of

Koolau Forest Reserve to a point called Palalia, on the

east rim of the crater of Haleakala; fourth, along the

east rim of the crater of Haleakala, the direct azimuth

and distance being three hundred and fifty-four degrees

fifteen minutes eighteen thousand three hundred feet to

a point on the east rim of Kaupo Gap, shown on. Hawaiian Government survey maps at an elevation of four

thousand two hundred and eight feet; fifth, eighty-eight

degrees forty-five minutes three thousand three hundred

feet across Kaupo Gap to a point call~ Kaumikaohu, on

the boundary lme between the lanqs of Kipahulu and

Kahikinui; sixth, one hundred and two degrees and thirty

minutes forty thousand seven hundred and fifty feet

along the south slope of the crater of Haleakal'l. to the

point of beginning. (U.S.C., title 16, sec. 391.)

SEC.2. That nothing herein contained shall affect any

valid existing claim, location, or entry under the land Existingland

laws of the United States, whether for homestead. min- claimsnot

I

.

ht f th h t

. affected.

era, rIg . 0 way, or any 0 er. purpose w a soever, or

shall affect the rights of any such claimant, locator, or

entryman to the full use and enjoyment of his land.

Whenever consistent with the primary purposes of the
172 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

park the Act of February fifteenth, nineteen hundred and

. one, applicable to the location of rigbts of way in certain ~ht.8~t

.~Y790. . national parks and the national forests for irrI~ation and

other purposes, shall be and remain applicable to the

lands. include~ wi~hin. the park. The Secretary o.f. the

InterIor may, III his dIscretIon and upon such condItIOns

as he may deem wise, grant easements or rights of way

for steam, electric, or similar transportation upon or

across the park. (U.S.C., title 16, sec. 393.)

Privateowner- SEC. 3. That no lands located within the park bound- ehlpnotaffected.aries now held in private or municipal ownership shall be

affected by or subject to the provisions of this Act.

(U.S.C., title 16, sec. '393.)

~tion. SEC. 4. That the said park shall be under the executive

control of the Secretary of the Interior whose duty it

shall be, as soon as practicable, to make 'and publish such

rules and regulations as he may deem necessary or proper

for the care and management of the same. Such regulations shall provide for the preservation from injury of

all timber, birds, mineral. deposits, and natural curiosities or wonders within said park, and their retention in

=~;r.«f:~ their natural condition as nearly as possible. The Sec- (Supersededby retary mav in his discretion

~

rant leases for terms not 89 Stat. 685 as d

." amended.S~ cxcee mg twenty years, at suc annual renta I as he may Seepp.9'-12.) determine, of parcels of land in said park' of not more

than twenty acres in all to anyone person, corporation,

or company for the erection and maintenance of buildings for the accommodation of visitors; birt no such lease

shall include any of the objects of curiosity. or interest

in said park or exclude the public from free and convenient approach thereto or convey" either expressly or

by implication, any exclusive privIlege within the park

except upon the premises held thereunder and for the

time granted therein; and every such lease shall require

the lessee to observe and obey each and every provIsion

in any Act of Congress and every rule, order, or regulation of the Secretary of the Interior concerning the use,

care, management, or government of the park, or any

object or property therein, under penalty of forfeiture

of such lease. The Secretary may in his discretion grant

to persons or corporations now holding leases of land in

the park, upon the surrender thereof, new leases hereunder, upon the terms aud stipulations contained in their

present leases, with such modifications, restrictions, and

Proceedstor reservations as he may prescribe. All of the proceeds of parkllses. sa.id leases and other revenues tha.t may be derived from

any source connected with the park shall be expended

under the direction of the Secretary, in the management

and protection of the same and the construction of roads

and paths therein. The Secretary may also, in his discretion, permit the erection and maintenance of build-
LEGISLATION RELATING TO NATIONAL l)ARKS 173

ings in said park £01'scientific purposes: Provided, That ProN08.

no appropriation £01' the maintenance supervision, and Limiton

improyement of said park in excess of $10,00{) annuallY'~~ed bL:S

shall be 'made unless the same shall have first been ex- :.~~s~~~w.)

pressly authorized by law: And provided further, That

no appropriation sha.ll be made for the improvement or

maintenance of said park until proper conveyances shall

be made to the United States o£ such perpetual ease- Co f

mente;; and rights o£ way over private lands within the ~~:'rr:m

exterior boundaries of said park as the Secretary of the

privateownerll.

Interior shaH find necessary to make said park reasonably accessible in all its parts, and said Secretary shall

when such easements and rights of way have been conveyed to the United States report the same to Congress.

(D. S.C., title 16, sec. 394.)

An Act To repeal the first proviso of section 4 of an Act to establish a national park in the Territory of Hawaii, approved August

I, 1918, approved lune 5, 1924 (43 stat. 390)

Be it enacted by tM Senate mul H0'U8e of Representatives of the United States of America in 007lgress assembled, That the first proviso of section 4 of an Act entitled

"An Act to establish a national park in the Territory of

HawaiiNational

Hawaii," approved August 1, 1916, which is in words ~:tk8o,p. m,

and figures following: "Provided, That no appropria- ~8e~t~e.

Seep.

tion for the maintenance, supervision, and improvement ReI!tri~n ont

of said park in excess of $10,000 annually shaH be made :~:nses,

r':.,e c.,

unless the same shall have first been expressly authorized

pealed.

by law," be, and the same is hereby, repealed. (U.S.C.,

title 16, sec. 394.)

An Act To authorize the governor of the Territory of Hawaii to

acquire privately owned lands and rights of way within the

boundaries of the Hawaii National Park, approved February 27,

1920 (41 stat. 452)

Be it enacted by tM Senate and H o'USeof Representatives of the United States of America! in Oongress assembled That the governor of the Territor y of Hawaii is HawaiiNational ,. . p~1

hereby a\lthorized to acquire, at the expense of the Terri- Acqu'tringaddi.

tory of Hawaii, by exchange or otherwise, all privately ~~:::'J~~ for,

owned lands lying within the boundaries of the Hawaii Vol.89, p. 432.

National Park as defined by "An Act to establish a naSeep.169.

tiona I park in the Territory of Hawaii," approved

August 1, 1916, and all necessary perpetual easements and

rights of way, or roadways, in fee simple, over or to said

land .01'any part thereof.

SEC. 2. That the provisions of section 73 of an Act General

entitled "An Act to provide a government for the Terri- ~~s;r~:lt'~ble.

tory of Hawaii," approved April 30, 1900, as amended

by an Act approved May 27. 1910. relating to exchanges Vol.81,p. 155;

of public lands, shall not apply 'in the acquisition, by

vol.R6.p. 444.

exchange, of the privately owned lands herein referred

to. (U.S.C., title 16, sec. 392.)
174 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

An Act To add a certain tract of land on the island of Hawaii to

the Hawaii National Park, approved May 1, 1922 (42 Stat. 1103)

Be it enanted by the SenaJ,e and,House of Representatives of the United States of America in Oongress assembled, That the tract of land on the island of Hawaii, in

the Territory of Hawaii, set aside for park purposes on

the 29th day of October, 1920, by executive order numberedeighty-one of the governor of the Territory of

Hawaii, and hereinafter described, is hereby added to

~~:Jd~e:ti~na1and made. a part of the Hawaii National Park. Said

Park. tract of land is described as follows, to wit:

VoL 89, l.' m. All that tract of land comprising a portion. of the Kau Seep. 18 . Desert, Kapapala, in the district of Kau, on the island

Description. of Hawaii, containing forty-three thousand four hundred

acres, more or less, bounded as follows:

Beginning at a galvanized iron nail driven into the

pahoehoe at the northeast corner of this tract of land, at

a place called Palilele-o-Kalihipaa, and on the boundary

between the lands of Kapapala and Keauhou, the coordinates of said point of beginning referred to Government survey trigonometrical station Uwekahuna, being

twenty-six thousand and ten and four tenths feet south

and nine thousand nine hundred and thirty-two and four

tenths feet east, as shown on Government survey registered map nu~bered twenty-three hundred and eightyeight and running by true. azimuths: First, three hundred and fifty degrees forty-three minutes, thirty thousand and twenty-three feet along the land of Kapapala

to a point at seacoast; second, thence in a west and southwest.erly direction along the seacoast to a station on a

large flat stone, at a place called Na-Puu-o-na-Elemakule,

at the seacoast boundary point of the lands of Kapapala

and Kaalaala, the direct azimuth and distance being

sixty-nine degrees thirty-four minutes thirty seconds,

thirty-two thousand and forty-three feet; third, eightynine degrees twenty-seven minutes thirty seconds, thirty

thousand six hundred and ninety feet alo~g the land of

Kaalaala to the main eighteen hundred and sixty-eight

lava crack, said point being by true azimuth and distance two hundred and ninety-six degrees twenty-seven

minutes thirty seconds, twenty-one hundred feet from

Government survey trigonometrical station Puu Nahala;

fourth, thence up along the main eighteen hundred and

sixty-eight lava crack, along the Kapapala pastoral lands

to a small outbreak of lava from the eighteen hundred

and sixty-eight lava crack, opposite the Halfway House.]

the direct azimuth and distance being one hundred and

ninety-eight degrees, thirty-two thousand five hundred

and fifty feet; fifth, two hundred and thirty degrees

twenty-five minutes, twenty-seven thousand six hundred

and fifteen feet along the Kapapala pastoral lands to the

west boundary of the Kilauea section, Hawaii National

Park; sixth, three hundred and forty-six de¥rees twenty

Hawaii.
LEGISLATION RELATING TO NATIONAL PARKS 175

minutes, §ix thousand seven hundred and forty-two feet

along said west boundary to a small cone; seventh, two

hundred and eighty-two degrees fifty minutes, nineteen

thousand one hundred and fifty feet along the south

boundary of said Kalauea section, Hawaii National Park;

eighth, two hundred and thirty-one degrees fifty minutes

thirty seconds, five thousand four hundred and thirty

feet along said south boundary to the point of beginning.

SEC. 2. That the provisions of the. Act of August 1, r..~

park

1916, entitled "An Act to establish a national park in the ~cS.U~bl~.m

Territory of Hawaii"; the Act of August 25, 1916, en- 636. &eP&P. leg

titled "An Act to establish a national park service, and and9.

for other purposes/, and all Acts supplementary to and

amendatory of said Acts are made applicable to and extended over the lands hereby added to the park: Provided, That the provisions of the Act of June 10, 1920, Pr .

entitled" An Act to create a Fed~ral power commission;

OtIVO.

to Provide for the improvement of navi gation' the de- FederalWater

,

. PowerAct

velopment of water power; the use of the publIc lands pro~onanot

in relation thereto; and to repeal section 18 of the River

appl ble.

and Harbor Appropriation Act, approved August 8,1911, Vol.41,p. 1063.

and for other purposes," shall not apply to or extend

over such lands. (U.S.C., title 16, sec. 391.)

An Act To extend the provisions of certain laws to the Territory

of Hawaii, approved Karch 10, 1914 (48 Stat. 17)

Be it enacted by the Senate and H01JJ88.of Repre8entative8 of the Unite~ States of America in Oonr;reBS

assembled, That be~ihning with the fiscal year ending

June 30, 1925, the Territory of Hawaii shall be entitled

to share in appropriations now or which may hereafter

become available for apportionment under the Act entitled "An Act to provide that the United States !jhall

aid the States in the construction of rural post roads, and

for other purposes," approved July 11, 1916, known as

the Federal Highway Act, and any Act amendatory Hawaii

thereof or supplementary thereto, upon the same terms Fed.eraiHlg~waT

d d ' t' f th I St t d h

Act appropr'aan con I Ions as any 0 e severa a es, an suc tion. extendedto.

Territory shall be included in the calculations to deter- Vol.39. p. 866;

.

h b

.

f

.

f h f d P

vol. n. p. 212.

mme t e aslS 0 apportIOnment 0 suc un s: ro- P,0m.1O.

"ided, That in approving road projects in such Territory

to receive Federal aid, the Secretary of Agriculture shall

give preference to such projects as will expedite the com- Prelerenceto

pletion of an adequate system of highways for the =PJ~t:S~;~e:'

national defense or which will connect seaports with units etc.

of the national parks. (U.S.C., title 23, sec. 41.)

SEC. 2. The provisions of the Federal Farm Loan Act, FederalFarm

d A t d t th f I t

Loan Act proylun any c amen a ory ereo or supp emen ary sionsp.xtendedto.

thereto, are extended to the Territory of Hawaii. The vol',8:. p.

~W

Federal Farm Loan Board shall include the Territory in ~~~nch'b~~ks4

.

a Federal land bank district, and such Federal land bank

authorized.

as the board may designate is authorized to establish

branch banks in the Territory.
176 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Allotment

authorized.

:.~:n~ti:ien_ SEC. 3. The Territory of Hawaii shall be entitled to

eIIts:.xtendedto.share in the benefits of the Act entitled "An Act for the Vol.42,p. 224.promotion of the welfare and h~giene of maternity and

mfancy, and for other-purposes,' approved November 23,

1921, and any Act amendatory thereof or supplementary

thereto, upon the same terms and conditions as any of

the 'several States. For the fiscal year ending June 30,

1925, there is authorized to be appropriated; out of any

money in the Treasury not otherwise appropriated, the

Apportionmentsum of $13,000, to be available for apportionment under oftunds. such Act to tqe Territory, and annually thereafter such

sum as would be apportioned to the Territory if such Act

had originally included the Territory. (U.S.C., title 42,

sec. 175.)

Vocational edu. SEC. 4. The Territory of Hawaii shall be entitled to

::''deS70visionsshare in the benefits of the Act entitled "An Act. to proVoL89,P: 929.vide for the promotion of vocational education; to

provide for cooperation with the States in the promotion

of such education in agriculture _and the trades and industries; to provide for cooperation with the States in

the preparatIon of teachers of vocational subjects ; and

to appropriate money and regulate its expendIture," approved February 23, 1917, and any Act amendatory

thereof or supplementary thereto, upon the same terms

and conditions ~s any of the several States. There is

authorized to be appropriated, out of any money in the

Treasur:y not otherwise appropriated, for the fiscal year

ending June 30, 1925, and annually thereafter, the sum

of $30,000, to be available for allotment under such Act

to the Territory. (US.C., title 20, sec. 29.)

Vocai~onal reba. SEC. 5. The Territory of Hawaii shall be entitled to

billtati?Dofper.share in the benefits of the Act entitled "An Act to prosons dIsabled In .

d f th .

f t

.

I h b' l ' t t

.

f

i!,dusl.ry, prov!- VI e or e promotIOn 0 voca IOna re a I I a Ion 0

V~l4t';~~i5: persons ~is~bled in industry or otherwise and their return to CIVIl employinent," approved June 2, 1920, and

any Act amendatory thereof or supplementary thereto,

upon the same terms and conditions as any of the several

States. There is authorized to be appropriated, out of

any money in the Treasury not otherwise appropriated,

for the fiscal year ending June 30, 1925, and annually

thereafter, the sUln of $5.000, to be available for allotment under such Act to the Territory. (US.C., title 29,

sec. 45.)

Allotment

authorized.

An Act To revise the 1:oundary of the Hawaii National Park on

the island of Maui in the Territory of HawaU, approved February 12, 1927 (44 Stat. 1087)

HawaIINational Be it enacted by the Senate and House of Rep1'esenta-

~~~'dary tives of the United Stales of A11wrWa in Oongress a8Se17l,.. changedonMaul.bled, That the boundary of the Hawaii National Park on

the island of Maui is hereby changed to read as follows:
LEGISLATION RELATING TO NATIONAL PARKS 177

"Beginning at a triangle on set stone, said mark being VoL89, p. 48S,

the Government survey trIangulation station Puu Nianiau amTo~ed.See

in the land of Kalialinui, and running by true azimuths: p. .

"1. Three hundred degrees fifty-seven minutes thirty Descrlption.

seconds eleven thousand seven hundred and sixty-nine

and three-tenths feet a~ong the remaining portion of the

land of Kalialinui to a concrete monument marked Number 1 on spur and on the west edge of Koolau Gap.

"2. Two hundred and ninety-seven degrees forty-seven

minutes thirty seconds fourteen thousand six hundred

and fifty-two and six-tenths feet along same and across

Koolau Gap to a concrete monument marked Number 3,

the true azimuth and distance from said monument to

Government survey triangulation station Hanakauhi being forty-five degrees fourteen minutes nine hundred and

eightY-eIght feet.

"3. Two hundred and sixty-nine degrees fifty-seven

minutes thirty seconds nine thousand and one and threetenths feet along same to a concrete monument marked

Number 7 on the southwest boundary of the land of

Haiku.

"4. Three hundred and six degrees thirty-nine minutes

three thousand nine hundred and thirteen and four-tenths

feet along the southwest boundary of the land of Haiku

to a cross on large flat rock called Pohaku Palaha.

"5. Two hundred and seventy-thrM degrees seven minutes four hundred and forty feet along the Nahiku tract

to Government survey triangulation station Pakihi.

"6. Thence followmg along summit of dividing ridge

between Haleakala crater and Kipahulu Valley to an ahu

at a place called Pakihi, the direct azimuth and distance

being three hundred and fifty degrees four minutes thirty

seconds seven thousand four hundred and fourteen and

seven-tenths feet.

"7. Thence along Government land and following

along rim of the crater and crest of wall of Kaupo Gap

to a four inch by four inch redwood post, the direct

azimuth and distance being three hundred and fifty-six

degrees forty-one minutes ten thousand eight hundred

and sixty-seven and nine-tenths feet.

"8. Eighty-six degrees one minute thirty seconds six

thousand seven hundred and seventy-seven and fourtenths feet along grant 3457, lot 1, to A. V. Marciel, and

the remaining portion of the land of Nuu (R.P. 8049,

L.C.A. 6239 Apana 2 to Kala:imoku), passing over a cross

on stone at Kauhaokamoa at three thousand four hundred and forty-one and eight-tenths feet and passing over

an iron pipe on the west edge of the Koolau Gap at five

thousand eight hundred and seventy-four feet.

"9. One hundred and thirty-eight degrees forty-two

minutes thirty seconds nine thousand five hundred and
178 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

seventy-four and two-tenths feet along the remaining

portion of said)and of Nuu to a cross on rock, the true

azimuth and distance to Government survey triangulation station Haleakala 2 being one hundred and seventynine degrees thirteen minutes fifteen seconds nine hundred and forty-three and two tenths feet.

"10. Ninety-one degrees thirty-four minutes forty-five

seconds nine. thousand nine hundred and sixty and fourtenths feet along same to a concrete monument marked

Number 14, the true azimuth and distance from said

monument to an a,rrow on rock called Kumuiliahil marking the northeast corner of the land of Nakula, bemg one

hundred and sixty-seven degrees twenty-eight minutes

nine hundred and twenty-eight and seven-tenths feet.

"

11. Ninety degrees twenty-three minutes thirty seconds twelve thousand two hundred and forty-nine and

three-tenths feet along- the remaining portion of the

lands of N akula and Nahikinui to a concrete monument

marked Number 15.

"12. One hundred and seventeen degrees fifty-two

minutes thirty seconds five thousand two hundred and

nine and two-tenths feet along the remaining portion of

the land of Kahikinui to a concrete monument marked

Number 16, the true azimuth and distance from. said

monument to Government survey triangulation station

Kolekole, being ninety-eight degrees thirty minutes onl:'

thousand five hundred and forty-three and five-tenths

feet.

"13. One hundred and twenty-seven degrees thirtyeight minutes two thousand one hundred and seventy-five

and six-tenths feet along saine and the iand of Papaanui

to a concrete monument marked K umber 17, the true

azimuth and distance from said monument to a concrete

monument marked Number 25, which marks the south

corner of the land of Kealahou 3 and 4 being forty degrees ten minutes thirty seconds four hundred and sixtysix and two-tenths feet.

"14. Two hundred and thirteen degrees forty-six minutes eight thousand two hundred and forty-one and twotenths feet along the remaining portions of the lands of

Kealahou 3 and 4 and Pulehunui to a concrete monument

marked Number 19, the true azimuth and distance from

said monument to a 'K' marked on a large lava rock

called Kilohana, at the east Gorner of the lands of Kell'lahou 3 and 4, being three hundred and twenty-three degrees fifty-three minutes nine hundred and forty-seven

and three-tenths feet.

":15. One hundred and forty-three degrees fifty-three

minutes six thousand nine hundred and five and threetenths feet along the land of Pulehunui to a concrete

monument marked Number 20.
LEGISLATION RELATING TO NATIONAL PARKS 179

"16. One hundred and ninety-nine degrees twentythree minutes ten thousand seven hundred and twenty-six

feet along the remaining portion of the land of Kalialinui to the point of beginning, passing over a concrete

monument marked Number 22 at a distance of six thousand four hundred thirty-six and seven-tenths feet; including portions of the lands of Kealahou 3 and 4, Pulehunui, Kalialinui, Kaupo, Nuu, Nakula, Kahikinui, and

Papaanui, Island of Maui, and containing seventeen

thousand one hundred and thirty acres, more or less; "

AdditIons.

and all of those lands lying within the boundary above

described are hereby included in and made a part of the

Hawaii National Park subject to all laws and regulations

pertaining to said park. (U.S.C., 6th supp., title 16,

sec. 391a.)

SEC. 2. That the provisions of the Act of February 27, A~lrlng~.

1920, entitled ".An Act to authorize the Governor of the r:ncJl.~. with.

Territory of Hawaii to acquire privately owned lands ~~th:=ndafJ.

and rights of way within the boundaries of the Hawaii VoLn, P. '62.

National Park," are hereby extended over and made apSeep.I?S.

plicable to the l,!!nds added to the park and included

within the boundary established by the preceding section

of this Act. (U.S. C., 6th supp., title 16, sec. 392a.)

An Act To revise the boundary of a portion of the Hawaii National

Park on the island of Hawaii in the Territory of Hawaii, approved April 11, 1928 (45 Stat. 424)

Be it enacted by th.e Senate and House of Representatives of the United States of America in Oongress

assembled, That the boundary of that portion of the

Hawaii National Park on the island of Hawaii firstly ~a'kail National

described in the Act of Congress approved August 1,

or.

1916 (Thirty-ninth Statutes, page 432, section 391, title BOln~fJ

16, United States Code), entitled "An Act to establish a ~~l.s\~i.p. m.

national park in the Territory of Hawaii," be, and the ~6gend Seep.

same is hereby, amended to read as follows:

.

"All that tract of land comprising portion of the lands DeICI'Iptloll.

of. Kapapala Ilnd Keauhou, in the District of Kau, and

portions of the lands of Keaau, Kahaualea, Panaunui,

and Apua in the District of Puna, containing approximately thirty-four thousand five hundred and thirtyone acres, bounded as follows: .

"Beginning at a point on the west edge of the Keamoku Aa Flow (lava flow of 1823), the coordinates of

E'aid point of beginning referred to Government Survey Trigonometry Station' Uwekahuna,' being four

thousand seven hundred and six and six-tenths feet south

and seventeen thousand nine hundred and seventy and

three-tenths feet west, and the true azimuth and distance

from said point of beginning to Government Survey

Trigonometry Station' Ohaikea,' being one hundred and
180 LAWS FOR NAT. PAHK SERVICE, PARKS, & MONUMENTS

sixty-six degrees and twenty minutes, six thousand three

hundred and fifty feet, and running by true azimuths-

"1. Along the west edge of the Keamoku Aa Flow in

a northeasterly and northwesterly direction, the direct

azimuth and dIstance being one hundred and ninety-eight

degrees and ten minutes fourteen thousand seven hundred feet;

"2. Two hundred and fifty-six degrees eleven thousand four hundred feet across the land of kapapala and

Keauhou to a marked point on the Humuula Trail;

"3. Three hundred and twenty-eight degrees and

fifteen minutes eight thousand seven hundred and

twenty-five feet across the land of Keauhou to the top of

the fault north and the Kau Road;

"4. Thence along the fault in a northeasterly direction along the remainder of Keauhou to a pipe, the direct azimuth and distance being two hundred and fiftyone degrees and thirty minutes four thousand three

hundred and thirty feet;

"5. Two hundred and eighty-six degrees five hundred

and thirty feet along the remainder of Keauhou;

"6. Two hundred and ninety-eight degrees nine hundred and sixty feet along same;

"7. Two hundred and eighty-three degrees and fortyeight minutes one thousand one hundred and forty-six

and five-tenths feet along same to a pipe;

"8. Two hundred and sixty-seven degrees and twenty

minutes one thousand and twenty-seven and five-tenths

feet along same;

"9. Two hundred and ninety-three degrees and ten

minutes one thousand and fifty feet along same to a

pIpe;

"10. Three hundred and twenty-one degrees and fortysix minutes one thousand one hundred and eleven and

three-tenths feet along same;

"11. Three hundred and thirty-three degrees and fifty

minutes one thousand one hundred feet along same;

"12. Three hundred and twenty-seven degrees and

twenty minutes one thousand nine hundred and forty

feet along same;

"13. Two hundred and eighty-three degrees and thirtynine minutes two thousand and fifty-seven and fourtenths feet along same to a pipe;

"14. Three hundred and thirty-three degrees and

twenty minutes two hundred and fifty feet along same to

a pipe on the north side of Government Main Road at

junction with the Keauhou Road, said pipe being by true

azimuth and distance two hundred and ninety-five degrees and twelve minutes six thousand one hundred and

sixty-seven and one-tenth feet from Government Survey

Trigonometry Station

'

Volcano House Flag';

"15. Three hundred and thirty-three degrees and

twenty minutes three thousand two hundred and eighty-
LEGISLATION RELATING TO NATIONAL PARKS

three and two-tenths feet along the remainder of Keauhou to a pipe ;

"16. Three hundred and fifty-four degrees and fiftyfour minutes sixty feet along the remainder of Keaau;

"17. Two hundred and thirty-one degrees and thirtyone minutes one thousand six hundred and seventy-eight

and eight-tenths feet along same;

"18. Three hundred and eighteen degrees eight hundred and sixteen and four-tenths feet along same to the

boundary between the lands of Keaau and Kahaualea j

"19. Seventy-two degrees and forty-five minutes one

thousand two hundred and thirty-three and three-tenths

feet along the land of Kahaualea to a pipe j

"20. Forty-eight degrees six hundred and thirty-four

feet along the remainder of Kahaualea to a pipe on the

Kahaualea-Keauhou boundary j

"21. Three hundred and thirty-two degrees and ten

minutes six thousand five hundred and fifty-one and

four-tenths feet along the Kahaualea-Keaau boundary to

a pipe j

"22. Two hundred and eighty-one degrees thirty thousand three hundred and one and seven-tenths feet along

the remainder of Kahaualea to a pipe j

"23. Thirty-one degrees and thirty minutes thirteen

thousand and seventy-four and seven-tenths feet along

the remainder of Kahaualea and Panaunui to a pipe,

passing over a pipe at five thousand nine hundred and

twenty-two and two-tenths feet on the KahaualeaPanaunui boundary;

"24. Eighty-nine degrees and ten minutes thirty-two

thousand nine hundred feet along the remainder of

Panaunui. across the lands of Apua and Keauhou to

'Palilele-o-Kalihipaa,' at an angle in the KeauthouKapap!tla boundary marked by a pile of stones, passing

over pIpes at three thousand five hundred and seventytwo and eight-tenths feet on the Panaunui-Apua boundary and eight thousand four hundred and thirty-five

and three-tenths feet;

"25. Fifty-one degrees fifty minutes and thirty seconds

five thousand four hundred and thirty feet across the

land of Kapapala;

"26. One hundred and two degrees and fifty minutes

ninet~en thousand one hundred and fifty feet across same

to a small cone about one thousand five hundred feet

southwest of 'Puu Koae

'

;

"27. One hundred and sixty-six degrees and twenty

minutes twenty-one thousand feet across the land of

Kapapala to the point of beginning; "

and all of those

lands lying within the boundary above described are

hereby included in and made a part of the Hawaii-National Park subject to all laws and regulations pertaining

to said park. (u.S. C., 6th supp., title 16, sec. 391.)

181
182 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Acquiringof SEC. 2. That the provisions of the Act of February 27,

f.ri~telYt~~ 1920, entitled "An Act to authorize the Governor of the

~l. 4~~p~r452:Territory of Hawaii to acquire privately owned lands Seep. 173. and rights of way within the boundaries of the Hawaii

National Park,"are hereby extended over and made

applicable to the lands added to the park and included

within the boundary established by the preceding section

of this Act. (D.S.C., 6th supp., title 16, sec. 392a.)

An Act To provide for the exercise of sole and exclusive jurisdiction by the United States over the Hawaii National Park in the

Territory of Hawaii, and for other purposes, approved April 19,

1930 (46 Stat. 227)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress a8semHawaiiNationalbled, That hereafter sole and exclusive jurisdiction shall

~:lek.jurisdictionbe exercised by the United States over the territory which

over..to

d

b

b

e is now or may hereafter be included in the Hawaii Na- exercIse Y .

I P k

.

h T

.

t f H

.. . U!Jited h

States. tIona ar m t e ern ory 0 awan, savmg, owever,

~~~T~~ro;: to the Territory of Hawaii the right to serve civil or

criminal process within. the limits of the aforesaid. park

in suits or prosecutions for or on account of rights

acquired, obligations incurred, or ctimes committed outside of said park, and saving further to the Territory of

Hawaii the right to tax persons and corporations, their

franchises and property on the lands included in said

~~~tl~~8~f park. All the laws applicable to places under the sole

and exclusive jurisdiction of the United States shall have

~~1:~~n of force and effect in said park. All fugitives from justice

taking refuge in said park shall be subject to th~ same

laws as refugees from justice found in the Territory of

Hawaii. (D.S.C., 6th supp., title 16, sec. 395.)

Jurisdictionof SEC. 2. That the District Court of the United States in DistrictCourt. and for the Territory of Hawaii shall have jurisdiction

of all offenses committed within the boundaries of said

park. (U.S. C., 6th supp., title 16, sec. 395a.)

Punishment of SEC. 3. That if any offense shall be committed in the

;~~:rI~;:S;8. Hawaii National Park, which offense is not prohibited or

the punishment for which is not specifically provided for

by any law of the United States, the offender shall be

subject to tlie same punishment as the laws of the Territory of Hawaii in force at the time of the commission of

the offense may provide for a like offense in said Terri.

tory and no subsequent repeal of any such law of the

Territory of Hawaii shall affect any prosecution for said

offense committed within said park. (U.S.C., 6th supp.,

title 16, sec. 395b.)

:unUDgiu~' SEC. 4. That all hunting or the killing, wounding, or c..pro Ions. capturing at any time of any wild bird or animal, except

dangerous animals when it is necessary to prevent them

from destroying human lives or inflicting personal injury,

is prohibited wIthin the limits of said park; nor shall any

fish be taken out of the waters of the park in any other
LEGISLATION RELATING TO NATIONAL PARKS 183

way than by hook and line, and then only at such seasons

and in such times and manner as may be directed by the

Secretary o~ the Interior. That the Secretary of the ~~1~

Interior shall make and publish such general rules and

regulations as he may deem necessary and proper for the

management and care of the park and for the protection

of the property therein, especially for the preservation

from injury or spoliation of all timber, natural curiosities~ or wonderful objects within said park, and for the

protection of the animals and birds in the park from capture ot destruction, and to prevent their being frightened

or driven from the park; and he shall make rules and

regulations governing the taking of fish from the streams ,

or lakes in the park. Possession within said park of the ~i~~::f

dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. .

Any person or persons, or stage or express company, or P,unl

lshm

tl

ent f

vi°l

.

1 h k h b I'

V10a ng pro .

1'&1way company, W 0 nows or as reason to e leve .10118bereof,eto.

that they were taken or killed contrary to the provisions

of this Act and who receives for transportation any of

said animals, birds, or fish so killed, caught, or taken, or

who shall violate any of the provisions of this Act or any

rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management

a.nd care of the park or for the protection of the property

therein, for the preservation from injury or spohation of

timber, natural curiosities, or wonderful obJects within

said park, or for the protection of the animals, birds, or

fish in the park, or who sh411 within said park willfully

commit any damage, injury, or spoliation to or upon any

building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land,

springs, natural curiosities, or other matter or thing

growing or being thereon or situated therein, shall be

deemed guilty of a misdemeanor and shall be subject to a

fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay aU costs

of the proceedings. (U.S.C., 6th supp., title 16, sec. 395c.)

SEC. 5. That all guns, traps, teams, horses, or means of

transportation of every nature or description used by

ftny person Or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such

wild beasts, birds, 01' animals shall be forfeited to the Forfeitureof

U

.

d S t d b ' d b h ffi . .

d

gun., traps, eto..

mte ta es an may e seIze y t e 0 cers m sal illegallyused.

park and held pending' the prosecutIOn of any person or

persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of

such person or persons using' said guns, traps, teams,

borses, or other means of transportation, such forfeiture

shall be adjudicated as a penalty in addition to the other

punishment provided in this Act. Such forfeited prop-
184 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

erty shall be disposed of and accounted for by and under

the authority of the Secretary of the Interior. (U.S.G.,

6th supp., title 16, sec. 395d.)

SEC. 6. That upon the recommendation and approval

(if the Secretary of the' Interior of a qualified candidate

the United States District Court for the Territory of

Commissionerfor. Hawaii shall appoint a commissioner who shall reside in

:~:~ri~,~ the park and who shall have jurisdiction to hear and act

upon all complaints made of any violations of law or of

the rules and regulations made by the Secretary of the

J nterior for the government of the park and for the protection of the animals, birds, and fish, and. objects of interest therein. and for other purposes, authorized by

this Act. (U.S.C., 6th supp., title 16, sec. 395e.)

lndIcialpower Such commissioner shall have power, upon sworn inof in viOlatiODSf

'. . h f h U

. ot'roIes,. ormation, to Issue. process In t e name 0 t e mt ed

States for the arrest of any person charged with the

commission of any misdemeanor, or charged with a violation of the rules and regulations, or with a violation of

any of the provisions of this Act prescribed for the government of said park and for the protection of the ani.

mals, birds, and fish in said park, and t()ltry the person

so charged, and, if found guilty, to impose punishment

and to adjudge the forfeiture prescribed. (U.S.C., 6th

8Upp., title 16, sec. 395e.)

In all cases of conviction an appeal shall lie from the

judgment of said commissioner to the United States DisAppealsfrom,to trict Court for the Territory of Hawaii, and the United

districtcourt. States district court in said district shall prescribe the

rules of procedure and practtce for said commissioner in

the trial of cases and for appeal to said United States

district court. (U.S.C., 6th supp., title 16, sec. 395e.)

SEC. 7. That such commissioner shall also have power

to issue process as hereinbefore provided for the arrest

of any person charged with the commission within said

Procedurein boundQ.ries of any criminal offense not covered by the criminalcases. provisions of section 4 of this Act, to hear the eYidence

introduced. and if he is of opinion that probable cause

is shown, for holding the person so charged for trial shall

cause such person to be safely conveyed to a secure place

of confinement within the jurisdiction of the United

States District Court for the Territory of Hawaii, and

certify a transcript of the record of his proceedings and

the testimony in the case to said court. which conrt shall

have jurisdiction of the case: Prov£ded, That the said

commissioner shall grant bail in aU cases bailable under

the laws of the United States or of said Territorv.

(U.S.C., 6th supp.. title 16, sec. 395£.) .

Serviceoiprocesa.SEC. 8. That all process issued by the commissioner

shall be directed to the marshal of the United States for

the district of Hawaii, but nothing herein contained shall

Summaryarrests.be so construed as to prevent the arrest by any officer Or

Disposalof.

Pf'ofiUo.

Ball
LEGISLATION REL.,\TING TO NATIONAL PARKS 185

employee of the Government or any person employed by

the United States in the policing of said reservation

within said boundaries without process of any person

taken in the act of violating the law or this Act or the

regulation:!; prescribed by the said Secretary as aforesaid.

(U.S.C., 6th supp., title 16, sec. 395g.)

SEC. 9. T!lat the commissioner provided f~r in this Act Payofcommisshall be paId an annual salary as approprIat~d for by sioner.

Congress, payable quarterly: PrO'Vided, That the said

commissioner shall reside within exterior boundaries of ~

said Hawaii National Park at a place to be designa.t~d by Residenee

the Secretary of the Interior: And prO'lJided further, required.

That all fees. costs. and expenses eollected by the com- Disposalof f-. mission{'r shall be disposed of as provided in section 11 ete.

of this Act. (U.S.C.,6th supp., title 16, sec. 395h.)

SEC. 10. That all fees, costs, and expenses arising in F U .tee!

cases under this Act and properly chargeable to the s:"':':"" Unhed States shall be certified, approved, and paid as are

like fees, costs, and expenses in the courts of the United

States. (D.S.C., 6th supp., title 16, sec. 395i.)

SEe. 11. That all fines and costs imposed and collected

shall be deposited bv said commissioner of the United ~~f lias

States, or the marshal of the United States collec~ the

same. with the clerk of the United States District Court

for the Territory of Hawaii. (U.S.C., 6th supp., title 16,

sec. 395j.)

SEC. 12. That the Secretary of the Interior shall notify Nou.:,t;.=-

in writing, the Governor of the Territory of Hawaii of::t,: J1Uf8dIo.

the passage and approval of this Act and of the fact that tin ........

the United States assumes police jurisdiction over said

park.
13. Lassen Volca.nic National Park

Act of August 9, 1916, establishing Lassen Volcanic National Park in the

Sierra Nevada Mountains in California_ _ __ _ _ __ __ __ _ __ __ _ __ _ __ __ ___

Act of April 29, 1922, repealing section 5 of the act of August 9, 1916,

relative to limitation on' appropriations for Lassen Volcanic National

Park _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ., _ _ _ _ _ _ _ _ _

Act of Legislature of California, approved April 20, 1927, ceding to the

United' States exclusive jurisdiction over Lassen Volcanic National Park___________________________________________________________

Act of April 26, 1928, accepting cession by California of exclusive jurisdiction over lands embraced within Lassen Volcanic National Park____

Act of March 27, 1928, providing for the naming of a mountain or peak

within Lassen Volcanic National Park in honor of Hon. .John E. Raker,

deceased_______________________________________________________

Act of April 26, 1928, addin~ certain lands to I,assen Volc.anic National Park__________________________________________________________

Act of May 21, 1928, authorizing the exchange of public lands for State

lands in California, the State lands so acquired to become a' part of

Lassen Volcanic National Park __

_ _ _ _ _ _ _ _ _ __

__ _ _ _ _ _ _ _ _ __ _ _ _ _ __

Act of January 19, 1929, revising the boundaries of Lassen Volcanic

National Park _

__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ __ _ _ _ _ _ _

.

_ _ _ _ _ _ _ _ ._ _ _ _ __

Act of March 1, 1929, consolidating or acquiring alienated lands in Lassen

Volcanic National Park_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _c _ _ __ __ _ _ _ _ __

Act of April 19, 1930, authorizing the exchange of certain land now within

Lassen Volcanic National Park for certain private land adjoining thp.

park and to adjust t.he park boundary accordingly_ __ _ _ _ _ _ _ _ _ _ _ -.;.____

Act of Ju!y 3, 1.930, ~roviding for the addition of certain lands to the

Lassen Volcamc NatIOnal Park _ _ _ _ _ _ _ _ __ _ _ _ _ _ _

__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Excerpt from act of January 26, 1931, to provide for uniform administration of the national parks, prohibiting permits for summer homes, etc.,

and acquisition of rights of way in Lassen Volcanic National Park____

Page

186

189

189

190

194

194

194

195

197

197

198

199

An Act '1'0 establish the Lassen Volcanic National Park in the Sierra Nevada Mountains in the State of California, and for

other purposes, approved August 9, 1916 (39 Stat. 442)

Be it enacted by the Senate rmd H OU8eof Representatives of the United States of America in Oongress assembled, That all those certain tracts, pieces, or parcels of

Ian\! lying and being situate in the State of California.

and within the boundaries particularly described as follows, to wit: Beginning at the northeast corner of section three, township thirty-one, range six east, Mount

Diablo meridian, California; thence southerly to the

southeast corner of said section; thence easterly to the

northeast corner of the northwest quarter of section

eleven, said township; thence southerly to the southeast

cornel' of the southwest quarter of section fourteen, said

township; thence easterly to the northeast corner of the

northwest quarter of section twenty-four, said township;

thence southerly to the southeast corner of the southwest

quarter of seetio:p twenty-five, said township; thence

westerly to the southwest corner of section twenty-six,

186

La..en Volcanic

National Park,

Calif.

Established.

Description.
LEGISLATION RELATING TO NATIONAL PARKS

silid' township; thence southerly to the southeast corner

of section thirty-four, said township; thence westerly

along the sixth standard parallel north, allowing for the

proper offsets, to the northeast corner of section three,

township thirty north, range six east; thence southerly

to the southeast corner of section twenty-seven, said township; thence westerly to the south. west c~rner of ~he

southeast quarter of sectiQn twenty-eIght, saId townshIp;

thence northerly to the northwest corner of the southeast

quarter of said section; thence westerly to the southwest

corner of the northwest quarter of said section; thence

northerly to the northwest corner of said section; thence

westerly to the southwest corner of the southeast quarter

of section twenty, said township; thence northerly to the

northwest corner of the southeast quarter of said section;

thence westerly to the range line between ranges five and

six east; thence southerly along said range line to the

southeast corner of township thirty north, range five

east; thence westerly along the township line between

townships twenty-nine and thirty north to the southwest

corner of section thirty-three, township thirty north,

range five east; thence northerly to the northwest corner

of said section; thence westerly to the southwest corner

of the southeast quarter of section twenty-nine, said

township; thence northerly to the northwest corner of

the southeast quarter of said section; thence westerly to

the southwest corner of the northwest quarter of said

section; thence northerly to the northwest corner of said

section; thence westerly to the southwest corner of the

southeast quarter of section twenty, township thirty

north, range four east; thence northerly to the northwest

corner of the southeast quarter of .section eight, .Sft,id

township; thence easterly to the northeast corner of the

southwest quarter of section nine, said township; thence

northerly to the township line between townships thirty

and thirty-one north; thence easterly along the sixth

standard parallel north, allowing for the proper offsets,

to the southwest corner of section th:i'ty-three, township

thirty-one north, range four east; thence northerly to

the northwest corner or section twenty-one, said town~

ship; thence easterly to the ran~e line between ranges

four and five east; thence northerly along said range line

to tne northwest corner of fractional section eighteen,

township thirty-one north, range five east; thence easterly to the southwest corner of section twelve, said town..

ship; thence northerly to the northwest comer of section

one, said township; thence easterly alon~ the township

line between townships thirty-one and thirty-two north

to the northeast corner of section three, township thirtyone north, ran~e six east, the place of beginning, are

hereby reserved and withdrawn from settlement, occupancy, disposal, or sale, under the laws of the United

187
188 LAWS FOR NAT. PAI:K SERVICE, PARKS, & MONUMENTS

Stab~s, and said tracts are dedicated and set apart as .a

public park or pleasuring ground for the benefit and enjoyment of the people of the United States under the

name and to be known and designate«;l as the L~n V01-

canic National Park; and all pe~ons who shall locate or

settle upon or occupy the same, or any part thereo~, except as hereinafter provided, shall be considered tres-

~~. . passers and be removed therefrom: Provided, That noth-

':ecled.atmsIIOting herein contained shall affect any valid existing claimJ

location, or entry under the land laws of the United

States or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land: ProRights

~

way. vided fwrther, That rights of way for steam or electric

~::rf043.bY s: railways, automobiles, or wagon roads may be acquired

p.199.) within said Lassen Volcanic National Park under filings

or proceedings hereafter made or instituted under the

laws applicable to the acquisition of such ri~hts over or

upon the national forest lands of the United States when

the construc60n of such roads will not intedere with the

objects of the national park, and that the United States

Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which

may be necessary for the development and maintenance

of a Government reclamation project; that no lands located within the park boundaries now held in private,

municipal. or State ownership shall be affected b~ or subject to the provisions of this Act: An~ prOtJided further,

That no lands within the limits of said park hereby created belonging to or claimed by any railroad or other

PnRat_ corporation now having or claiming the right of indem-

:t..m::~ nity selection by virtue of any law or- contract whatso8electIcn& ever shall be used as a basis for indemnity selection in

any State or Territory whatsoever for any loss sustained

by reason of the creation of said park. (U.S. C., title 16,

sec. 201.)

~=~=

of SEC. 2. That 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

rules and reW11ations 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 the said park for recreation purposes by

the public and for the preservation hom injury or spoliation of all timber, mineral deposits, and natural curiosities or wonders within said park and their retention in

their natural condition as far as practicable and for the

preservation of the park in a state of nature so far as is

consistent with the purposes of this Act. He shall provide against the wanton destruction of the fish and game

found within said park and a~inst their capture or destruction for purposes of merchandise or profit, and generally shall be authorized to take all such measures as

Trespassing

forbidden.

ReclamaU...

Service use.
LEGISLATION RELATING TO NATIONAL PARKS 189

shall be necessary to fully carry out the objects and purposes of this Act. Said Secretary may, in his discretion,

execute leases to parcels of ground not exceeding ten::.:'d:e ~.d:D1'

acres in extent at anyone place to any ono- person or per- etc. (Tbisse<J-'

f d

.

h

tion so far as it

sons or company or not to excee twenty years w en relatestosummer

such ground is n~cessary. f?r the erection of buildings for b;t~a:s~~~":J~.

the accommodatIOn o.f VIsItors and to parcels .of ground Seep. 199.)

not exceeding one acre in extent and for not to exceed

twenty years to persons who have heretofore erected, or

whom he may hereafter authorize to erect, summer homes

or cottages. Such leases or privileges may be renewed or

extended at the expiration of the terms thereof. No

exclusive .privilege, however, shall be granted within the

park except upon the ground leased. The regulations

governing the park shall incJude provisions for the use of

automobiles therein and the reasonable grazing of stock.

(U.S. C., title 16, sec. 202.)

SEC. 3. That the Secretary of the Interior may also sell Timberdisposal.

and permit the removal of such matured or dead or down

timber as he may deem necessary or advisable for the

protection or improvement of the park: (U.S.C., title 16,

sec. 203.)

SEC. 4. Thai the Secretary of the Interior may exact Chargeo.

such charges as he deems proper for leases and all other

privileges granted hereunder. (U.S.C., title 16, sec. 203.)

SEC. 5. That no appropriation for the maintenance, ::::t~o:'

approsupervision, or improvement of said park in excess of Repealedby42

$5,000 annually shall be made unless the same shall have :~~95::iow~ee

first been expressly authorized by law.

An Act To repeal section 5 of an Act entitled" An Act to establish

the Lassen VolcWc :Rational Park in the Sierra :Revada Mountains, in the State of California, and for other purposes," approved August .8, 1916, approved April 29, 1922 (42 Stat. 503)

Be it e.rw£ted by the Senate and H O'U8eof Representatwes of the United States of America in Oongress aBse'TTlrLassev Itani bled, 'fliat section 5 of an Act entitled "An Act to estab- Nat~o':wPark,C

lish the Lassen Volcanic National Park in the Sierra ~:i on approNevada M.ountains, in the State of California, and for ~t~ons reother purposes," approved August 9, 1916 (Thirty-ninth VOl.eS9, p. m.

Statutes at Large, page 442), be, and the same is hereby, ~:~~8.~: 5,

repealed. .Seep.189 above. )

Act of Legislature of California, approved April 20, 1927, ceding to

the United States exclusive jurisdiction over Lassen Volcanic

:Rational Park in the State of California. (Codes and General

Laws of California, Deering Consolidated Supplement, 1925-27,

p. 1449)

The people of the State of OoJifornia do enact as follows, Exclusive jurisdiction shall be and the same is

hereby ceded to the United States over and within all

of the territory which is now or may hereafter be included in that tract of land in the State of California set

aside and dedicated for park purposes by the United
190 LAWS FOR NAT. PARK SERVICE, PAHKS, & MONUMENTS

States as

"

Lassen Volcanic National Park," saving, how_

ever, to the State of California the right to serve civil

or criminal process within .the limits ot the aforesaid

park in suits or. prosecutions for or on account of rights

acquired, obligations incurred or crimes committed in

said state outside of said park; and saving further to the

said state the right to tax persons and corporations and

their property on the lands included in said park and

the right to fix awl collect license fees for fishing in said

park, and saving also to the. persons residing in said park

now or hereafter the right to vote at all elections held

within the county or counties in' which said park is situated: Provided, hov:e/Jel', That jurisdiction shall not vest

until the United States through the proper office notifies

the State of California that they assume police jurisdiction over said p!1rk, and that the laws of the State of

California and the jurisdiction of its courts shall remain

in full effect in said park, insofar as they are not inconsistent with the laws of the United States, until congress

shall specifically supersede them.

An Act To accept the cession by the State of California of exclusive jurisdiction over the lands embraced within the Lassen

Volcanic National Park, and for other purposes, approved April

26. 1928 (45 Stat. 463)

Be it enacted by th~ Senate amd House of Representatives of the United States of A1i1el'lca in Congress assembled, That the provisions of the Act of the legislatu.re of

the State of California (approved April 20, 1927) ceding

to the United States exclusive jurisdiction over andwithin the territory which is now or may hereafter be

included within the Lassen Volcanic National Park are

hereby accepted and sole and exclusive jurisdiction is

hereby assumed by-the United States over such territory,

saving, however,. to the State of California the right to

serve civil or criminal process within the limits of the

aforesaid park in snits or prosecutions for or on account

of rights acquired., obligations incurred, or crimes committed in said State outside of said park; and saving

further to the said State the right to tax persons and

corporations, their franchises and property on the lands

included,in said park, and- the right to fix and collect

license fees for fishing in said park; and saving also to

the persons residing in said park now, or hereafter, the

right to vote at all elections held within the county or

Application01 counties in which said park is situated. All the laws

~~;.rdStates applicable to places under sole and exclusive jurisdiction

of "he United States shall have force and effect in sa:id

Extmuition of Park. All fUL!itives from ]

.

ustice takinL! l'efuL!e in said criminals. (. , n

(. ,

park shall be subject to the same laws as refugees from

justice found in the State of California. (U.S.C., 6th

supp., title 16, sec. 204.)

Assi!fnedtoCali- SEC. 2. That said park shall constitute a part of the forma northern

U ' d S

.

d'

,

I d '

,

f h h d '

,

judicialdistrict, mte tates JU ICla Istrlct or t e nort el'n lstnct

Lassen Volcanic

National Park.

Acceptance of

jurisdiction 01

California over

territory in.

cluded in.

Rights reserved

to the State.
I,EGISLATION RELATING TO NATIONAL PARKS 191

of California, and the district court of the United States

in and for said northern district shall have jurisdiction

of all offenses committed within the boundaries of the

said park. (U.S.C., 6th supp., title 16,sec. 204a.) .

S Th .

f ff h 11 b 'tt d ' th l'umnhment for EO. 3. at I any 0 ense s a e commI e In,. e offemesagainst

said park, which offense is not prohibited or the pUlllsh- Statelaws,

ment is not specifically provided for by any law of the

United States, the offender shall be subject to, the ,san~e

punishment as the laws of the State of CalI forma m

force at the time of the commission of the offense may

prQvide for a like offense in said State; and no subsequent

repeal of any such law of the. State of California shall

affect any prosecution for said offense committed within

said park. (U.S.C., 6th supp., title 16, sec. 204b,) ..

S Th 11 h t' th 1 ' II' d '

Huntmg, ftslung, EO. 4. at a un mg or e n mg, woun mg, or etc.,prohibitions,

capturing at any time of any wild bird or animal, except

dangerous animals, when it is necessary to prevent them

from destroying human lives or inflicting personal injllry, is prohibited within the limits of said park; nor

shall any fish be taken out of any of the waters of the

said park, in any other way than by hook and line, and

then only at such seasons and at such times and in such

manner as may be directed by the Secretary of the In- R I t. t

terior. That the Secretary of the Interior Shllii make toere~r~~~ibed:'

and publish such general rules and regulations as he

may deem necessary and proper for the management and

care of the park and for the protection of the property

therein, especially for the preservation from injury or

spoliation of all timber. mineral deposits other than those

legally located prior to the passage of the Act creating

and establishing ~aid park, natural curiosities or wonderful objects within said park, and for the protection of

the animals in the park from capture or destruction, and

to prevent their being 'frightened or driven from the

said park; and. he shall make rules and regulations governing the taking of fish from the streams or lakes in the E 'd said .park. Possession within said park of the dead vi~ia~i;~~f

bodies or any part thereof of any wild bird or animal

shall be prima facie evidence that the person or persons P ish t f

having same are .guilty of violating this Act. Any per- vi~i'ati:e~ro~~

son or persons, or stage or express company, or railway SIODShereof,etc,

company, who knows or has reason to believe that they

were taken or killed contrary to the provisions of this

Act, and who receives for transportation any tJf said

animals, birds, or &h so killed, caught, or taken, or who

shall violate any of the other provisions of this Act,

or any rule or regulation that may be promulgated by

the Secretary of the Interior, with reference to the management and care of the said park, or for the protection

of the property therein for the preservation from injury

or spoliation of timber, mineral deposits other than those

lel!ally located prior to the passage of the Act creatinO'

and establishing said park, natural curiQsities, or won~
192 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

derful objects within said park, or for the protection Qf

the animals, birds, or fish in the said park, or who shall

within said park com~it any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than

those legally located prior to the passage of the Act

creating and establishing said park, natural curiosities,

or other matter or thing growmg or being thereon, or

situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than

$500 or imprisonment not exceeding six months, or both,

and be adjudged to pay all the costs of the proceedings.

(U.S.C., 6th supp., title 16, ~c. 204c.)

Forfeitureof SEC. 5. That all guns, traps, teams, horses, or means

fii:;'l~;a:;,d~" of transportation of every nature or description used by

any person or persons within the limits of said park when

engaged in killing, trapping, ensnaring, or .capturing

such wild beasts, birds, or animals, shall be forfeited to

the United States and may be seized by the officers in

said park, and held pending prosecution of any person or

persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act

of such person or persons using said guns, traps, teams,

horses, or other means of transportation, such forfeiture

shall be adjudicated as a penalty in addition to the other

punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under

the authority of the Secretary of the Interior. (V.S.C.,

6th supp., title 16, sec. 204d.)

Commissioner for. SEC. 6. That the United States district court for the

Appointment, au-northern district of California shall appoint a commis- thority,etc. sioner who shall r~side in t4e park and who shall have

jurisdiction to hear and act upon all complaints made of

any violations of law, or of the rules and regulatioD.s

made by the Secretary of the Interior for the government of said park and for the protection of the animals,

birds, and fish and objects of interest therein, and for

other purposes authorized by this Act. Such commissioner shall have power, upon sworn information, to issue

process in the name of the United States for the arrest

of any person charged with the commission of any misdemeanor, or charged with a violation of the rules and

regulatioIlj), or with a violation of any of the provisions

Judicial powe,.,. of t. his Act Prescribed for the government .of said park, in violations of fi .

rules,etc. and for the protection of the animals, birds, and sh m

said park, and to try persons so charged, and if found

guilty to impose punishment and to adjudge the forAppealsto dill- feiture prescribed. In all cases of conviction an appeal triet court. shall lie from the judgment of said commissioner to the

United States district court for the northern district of

California and the United States district court in said

district shall prescribe. the rules of procedure and prac-
LEGISLATION RELATING TO NATIONAL PARKS 193

tice for said commissioner in the trial of cases and .for

appeals to said United States district court. (U.S.C.,

6th supp., title 16, sec. 204e.)

SEC. 7. That such commissioner shall also have power ~~d~

to issue process as hereinbefore provided fo.r the .arrest

of any person charged with the commission within said

park of any criminal offense not covered by the provisions of section 4 of this Act, to hear the evidence introduced, and if he is of the opinion that probable cause

is shown for holding the perEonso charged for trial,

shall cause such person to be safely conveyed to a secure

place of confinement within th~jurisdiction of. the United

States District Court for the ~orthern District of California and certify a transcriJ.>t of the record of his proceedings and the testimony III such case to said court,

which court shall have jurisdiction of the case: Pr01Jided, PrOflUO.

That the said commissioner shall ~rant bail in all cases.

bailable under the laws of the Umted States or of said Ball.

State. (U.S.C., 6th supp., title 16, sec. 204f.)

SEC. 8. That all process issued by the commissioner Serviceofprocea.

shall be directed to the marshal of the United States for

the northern district of California, but nothing herein

contained shaH be so construed as to prevent the arrest Summaryarrests.

by any officer or employee of the Government or any person employed by the United States in the poli~ing 6f said

reservation within said park without process of any person taken in the act of violating the law or this Act or the

regulations prescribed by the said Secretary as aforesaid.

(U.S. C., 6th supp., title 16, sec. 204g.)

SEC. 9. That the commissioner provided for in this Act ~ayofcolDIlli&-

shall be paid an annual salary as appropriated for by Bloner.

Congress, payable quarterly: PrO'lJided, That the said Prom"".

com~issioner shall res~de wi~hin the exterior boundaries ::~~ce reof sald Lassen Volcamc National Park at a place to be

designated by the court making such appointment: And

provided D' 1offeee, further, That all fees, costs, and .expenses col- e;"~

lected by the commissioner shall be disposed of as provided in section 11 of this Act. (U.S.C., 6th supp., title

16, sec. 204h.)

SEC. 10. That all fees, costs, and expenses arising in =ted Statl!ll

cases under this Act and properly chargeable to the

United States shall be certified, approved~ and paid as

are like fees, costs, and expenses in the courts of the

United States. (U.S. C., 6th supp., title 16, sec. 204i.)

SEC.11. Thll;t all fines !l-ndcosts. i~posed and colle~ted

~~~~~

lIul!II

shall be deposIted by saId commlsi:noner of the Umted

States, or the marshal of the United States collecting the

same with the clerk of the United States district court

for th.e northern district of California. (U.S.C., 6th

supp., title 16, sec. 204j.)

SEC. 12. That the Secretary of the Interior shall notify ~E::mce of

in writing the Governor of the State of California of the .

passage and approval of this Act, and of the fact that the
194 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

United States assumes police jurisdiction over said park

as specified in said Act of the State of California.

An Act To provide for the naming of a mountain or peak within

the boundaries of the Lassen Volcanic National Park, California,

in honor of Honorable John E. Raker, deceased, approved Harch

'27, 1928 (45 Stat. 371)

J.assenVolcanic Be it enacted by tlw Senate and House of Representa- NationalPark, .

f h V

. .

d S at f A

. .

Qalif. twes 0 t e mte t es 0 merwa ~n 0o-ng1'essasse1ll,..

Motintainwithin,bled, That the United States Geographic Board is hereby

t~:oer~ij~~ninE.authorize.d to name permanently a prominent mountain

Raker,deceasedor peak within the boundaries of the Lassen Volcanic

Memher of Con- N

.

1 P k C l'f

. .

gress. atlOna aI', a 1 orma, In honor 0f teah I teon. J h E

Raker, deceased, a form~r MeIQber of Congress of the

United States.

Lassen Voleanic

'National Park,

Calif.

Lands added to.

An Act To add certain lands to the Lassen Volcanic National Park

in the Sierra Nevada Mountains of the State of California, approved April 26, 1928 (45 Stat. 466)

Be it enacted by the Se.nate and House of Representatives of the United Statef} of America in Oongre.ss assembled, That the lands hereafter described, to wit: The

30uthwest quarter of the northwest quarter, section 25,

and the southeast quarter of the northeast quarter, section

26, township 29 north, range 3 eas.t, Mount Diablo meridian, in the State of California, are hereby added to and

made a part of the Lassen Volcanic National Park for

use as an administrative headquarters site. (U.S. C., 5th

supp., tjtle 16, sec. 205.)

SEC. 2. That. the provisions of t.he Act of August 9,

1916, entitled "An Act to establish the Lassen Volcanic

National Park in the Sierra Nevada Mountains in the

State of California, and for other purposes," the' Act of

August 25, 1916, entitled "An Act to est.ablish a National

Park Service, and for other pl1rposes," and all Acts supplementary to and amendatory of said Acts are made

Provi.o. applicable to and extended over the lands hereby added

~tt~~:l~;"ble~ct to the park: P.rovided, That. the provisions of t.he Act. of

.June 10, 1920, entitled "An act to create a Federal Power

Commission, to provide for the improvement of navigaVol.n, p.1063.t.ion, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of

the Rivers and Harbors Appropriation Act, approved

August 8, 1917, and fa!' other purposes," shall not apply

to or extend over such lands. (U.S.C., 6th supp., title

16, sec. 205a.)

Park provisions

applicable.

Vol. 39, p. 442.

See p. 186.

Vol. 39, p. 535.

See p.. 9.

La,;sen Volcanic

National Park.

Acceptance of

designated land

from California.

An Act To acquire an area of State land situate in Lassen Volcanic

National Park, State of California, by exchange, approved May

21, 1928 (45 Stat. 644)

Be it enacted by the Senate and House of Re]Ji'Psentatives of the United States of A17l.erica in Oongress assembled, That the Secretary of the Int.erior be, and he is

hereby, authorized to accept on behalf of the United

States, title to the northeast quarter northeast quarter
LEGISLATION RELATING TO NATIONAL PARKS 195

section 27, township 30 north, range 5 east, Mount Diablo La~ givenin

base and meridian, situate within the exterior boundaries exc aage.

of Lassen Volcanic National Park, from the State of ~d3~Jr:~~:d

California, and in exchange therefor may patent an area park.

of unreserved, vacant, nonmineral public land of equal

value situate in the same State. The land which may be

acquired by the United States under this Act shall, upon

acceptance of title, become a part of Lassen Volcanic

National Park. (U.S.C., 6th supp., title 16, sec. 201.)

An Act To revise the boundaries of the Lassen Volcanic National

Park, in the State of California, and for other purposes, approved January 19, 1929 (45 Stat. 1081)

Be it enacted by the Sena.te and 11ouse of Representatives of the United Stat~8 of Am,erica in Oonql'ess .assem- Las,",nVolcanic

bl-ed, That the boundarIes of the Lassen Volcamc Na- NationalPark,

tional Park are hereby changed to read as follows : ~~~daries

"Beginning at the soufhwest corner of the southeast modified.

quarter of section 29, township 30 north, range 5 east,

Mount Diablo meridian, on the present south boundary

line; thence west on the section line between sections 29

and 32 and 30 and 31, township 30 north, range 5 east, Descliption.

and between sections 25 and 36 and 26 and 35 and 27 and

34 and 28 and 33 and 29 and 32 to the southwest corner of

section 29, township 30 north; range 4 east; thence north

on the section line between sections 29 and 30 and 19 and

20 and 18 and 17 and 7 and 8 and 6 and 5 to the northwest corner of fractional section 5, township 30 north,

range 4 east; thence ea.st on the township line to the

southwest corner of sectio~ 32, township 31 north, range

4 east; thence north on the section line between sections

31 and 32, 29 and 30, and 19 and 20, to the northwest

corner of section 20, same township and range; thence

west to the southwest corner of section 18, same township

and range; thence north on township line to the northwest corner of the southwest quarter of section 7, same

township and range; thence east on the quarter section

line to the northwest corner of the southwest quarter of

section 8, same township and range; thence north to the

northwest corner of said section 8; thence east to the

northeast corner of said seetion 8; thence north to the

northwest corner of the southwest quarter of section 4,

same township and range; then~e east on the quarter section line to the point where it intersects Lost Creek;

thence following Lost.Creek in a southerly direction to a

point where it intersects the north line of section 14,

township 31 north, range 4 east; thence east on said section line and along the section line between sections 12

and 13, said township and range, to intersection with the

present park boundary; and

"

Beginning at a point on the present north boundary

which is the southwest corner of the southeast quarter

section 8, township 31 north, range 5 east; thence north to
196 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

the northwest cornel' of the southeast quarter, same section, township, and range; thence east on quarter section

line to II,point on the present park boundary which is the

northwest cornel' of the southwest quarter of section 12,

same township and range; and

"Beginning at the northeast cornel' of the northwest

quarter of section 24, township 31 north, range 6 east, a

point on the present east boundary line; thence east

between sections 13 and 24 to the northeast corner of section 24, said township; thence south on the range line

three miles to the southeast corner of section 36, said

townshi~; thence west on the township line to the northeast corner of section 1, township 30 north, range 6 east;

thence south on the range line to the southeast corner of

section 25, said township; thence west along the section

line to the southwest corner of section 26 on the present

south boundary line; thence along the present boundary

line and continuing on the section line to the southwest

corner of section 28; thence north on the section line to

, the northwest corner of the southwest quarter of the

southwest quarter of said section 28; thence west to the

southwest corner of the northeast quarter of the southwest quarter of section 29; thence north to the northwest

corner of the sout.heast quat'ter of the nort.hwest quarter

of said section 29; thence west to the southwest corner of

the northeast quarter of the northeast quarter of section

30; thence north to the northwest corner of the northeast

quarter of the northeast quarter of said .section 30; thence

west to the northeast corner of the northeast quarter of

the northwest quarter of said section 30; thence south to

the southeast corner of the northeast quarter' of the northwest quarter of said section 30; thence west to the southeast corner of the northwest quarter of the northwest

quarter of said section 30; thence south to the southeast

corner of the northwest quarter of the' southwest quarter,

of said section 30; thence west to the southwest corner of

the northwest quarter of the southwest quarter of said

section 30, township 30 north, range 6 east, which is a

point on the present boundary line.

"All of those lands lying within the boundary lines

above described and the present boundary lines are hereby

included in and made a part of the Lassen Volcanic

National Park." (U.S.C., 6th supp., title 16, sec. 201a.)

SEC. 2. That the provisions of the Act of August 9,

Fonnerlawsap. 1916, entitled "An Act to establish the Lassen Volcanic

~~r~~' pp,442,National Park in the Sierra Nevada Mountains in the

~~~.9Se"pp. State of California, and for other purposes," the Act of , .

August 25, 1916, entitled "An Act to establish a National

Park Service, and for other purposes," and all Acts supplementary to and amendatory of said Acts are made

Proviso applicable to and extended over the lands hereby added

WaterPowerActto the park: Provided, That the provisions of the Act of

~~tafe~~~he68,June 10, 1920, entitled "An Act to create a Federal Power
LEGISLATION RELATING TO NATIONAL PARKS 197

Commission, to provide for the improvement of navigation, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of

the River and Harbor Appropriation Act,. approved

August 8, 1917, and for other purposes," shall not apply

to or extend ov~r such lands. (U.S.C.: 6th supp., title 16,

sec. 201b.)

An Act To consolidate or acquire alienated lands in Lassen Volcanic National Park, in the State of California, by exchange,

approved March 1, 1929 (45 Stat. 1443)

Be it eruwted by the Senate and House of Represent«r

fives of the United States of Anuwica in Congress assembled, That, when the public interests will be benefited ~~~r~~:~c

thereby, the Secretary of the Interior be and he is hereby ~~Ptanceof authorized, in his discretion, to accept, on behalf of the lan(jsin.byez.

United States, title to any land within exterior bound- change.

aries of Lassen Volcanic National Park which, in the

opinion of the Director of the National Park Service, are

chiefly valuable for forest or recreational and nationalpark purposes, and in exchange therefor may patent not

to exceed an egual value of such national-park land

within the exterIOr boundaries of said national park; or

the Secretary of the Interior may authorize the grantor

to cut and remove an equal value of timber in exchange :rimberallowed

h f f

.

d

.

t d

.

th ' th mexchange. t ere or rom certam eSlgna e areas WI m e ex - .

terior boundaries of said national purk: Provided, That ProvtJIo.

such timber shall be cut and removed from such desig- Conditions.

t d

.

h

.

11 .. h

.

I

Accepted landa

na e area In a manner t at WI not m]ure t e natIOn a addedtothe

park for recreational purposes and under such forestry park.

regulations as shall be stipulated, the values in e!leh case

to be determined by the Secretary of the Interior. Lands

conveyed to the United States under this Act shall, upon

acceptance of title, become a part of Lassen Volcanic

National Park. (U.S.C., 6th supp., title 16, sec. 206.)

An Act To authorize the exc)J.ange of certain land now within the

Lassen Volcanic National Park for certain private land adjoining the park and to adjust the park boundary accordingly, and

for other purposes, approved April 19, 1930 (46 Stat. 222)

Be it enacted by the Senate and House of Representatives of the United States of A'1TU!ricain Congress assembled, That the Secretary of the Interior be, and he is ~TI~~arot~~kic

hereby, authorized to accept on behalf of the United ~alif'ta f'

States, for inclusion in the Lassen Volcanic National t:"~~Pofl~~dfor

Park, fe,e simple title to the tract of land containing ten inclusionin.

acres, now adjoining said park, and described as the west

half west half northwest quarter northeast quarter section 30, township 30 north, range 6 east, Mount Diablo

base and meridian, and in exchange therefor is author- Lan

h

d in pa

h

rk in

.

d

. exc ange t ere- lze and empowered to patent to the owner of saId land for.

ten acres of land now within said park and described as

the. southwest quarter northeast quarter northeast quarter

section ao, township 30 north, rangE' 6 east, Mount Diablo
198 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUM.ENTS

Provi.o.

Accepted land

added to park

and exchanged

land excluded.

base and meridian: Provided, That the land a:cquired by

the United States under this Act shall, upon acceptance

of title, become and be a part of the Lassen Voleanic

National Park and subject to all laws and regulations

relating to the lands therein, and the land exchanged

t.herefor shall, upon issuance of patent, be excluded from

the park. (U.S.C., 6th supp., title 16, sec. 207.)

WaterP,?werAct SEC. 2. The provisions of the Act of June 10, 1920,

~~tafE;h:~1~3.entitled "An Act to create a Federal Power Commission,

U.S.C.,p. 441. to provide for the improvement of navigation, the development of water power, the use of the public lands in

relation thereto, and to repeal section 18 of the River

and Harbors Appropriation .Act, approved August 8,

1917, and for other purposes," shall not apply to or extend over the land acquired for inclusion in the Lassen

Volcanic National Park in accordance with the provisions of this Act. (U.S.C., 6th supp., title 16, sec. 207a.)

Lassen Volcanic

National Park,

Calif.

Land addition

to. authorized.

An Act To provide for the addition of certain lands to the Lassen

Volcanic National Park in the State of California, approved

luly 3. 1930 (46 Stat. 853)

Be it enacted by the Senate and Howse. of Representatives of the United States of An~rica in Congress

assembled, That 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

the Lassen Volcanic National Park, in the State of California, by Executive proclamation, any or all of the lands

within sections 3 and 4, township 29 north, range 6 east;

and sections 29. 30, 31, 32, 33, 34, 35, and 36, township

30 north, range 6 east, Mount Diablo meridian, not now

Provi.o. included within the boundaries of the park: P1'ovided,

r..~~=t:'~~e~:'d~d That no privately owned lands shall be added to the park

prior to the vestmg in the United States of title thereto.

(U.S.C.~ 6th supp.. title 16, sec. 204k.)

WatuPowerAct SEC. 2. That the provisions of the Act of June 10, 1920.

notapplicable. known as the Federal 'Vater Power Act, shall not apply Vol.41,p.1063.to any lands added to the Lassen Voleanic National Park

under the authority of thi.s Act. (U.S.C., 6th supp., title

16, sec. 2041.)

Priorrightsnot SEC. 3. That nothin~ herein cont.ained shall affect an y

prejudiced. .

'

.

vested and accrued rights of ownership of lands or any

valid existing claim. location, or entry existing under the

land laws of the United States at the date of passage of

this Act, whether for homestead, mineral, rights of way,

or any other purposes whatsoever, or any wateJ,: rights

and/or rights of way connected therewith, including

reservoirs, conduits, and ditches, as may be recognized

by local customs, laws, and decisions of courts, or shall

affect the right of any such owner. claimant. locator, or

entl'yman to the full use ana. enjoyment of his land,

(U.S. C., 6th supp., title 16, sec. 204m.)

DesCl iption.
LEGISLATION RELATING TO NATIONAL PARKS 199

Excerpt from" An Act To provide for uniform <administration 01

the national parks by the United'States ;D8partmeni of the Interior, and for other purposes," approved J"anuary' 28, 1931 (48

Stat. 1043)

S 3 Th t h f ' t 1

.

1

,

h

. Permits for sum, EO.. a erea tel' no perml , lcense, ease,or ot er mer bomes, etc.,

authorization for the use of land within the. . . prohibited.(Re-

. .

. _'

'

peats see. 2, 89

Lassen Volcamc NatIOnal Park, Cahforma, for the erec- Sts~.H2, insofar

.

d

.

f h h 11as It relates to bon an mamtenance 0 summer omes or cottages s a summer cottsges.

be granted or made: Pr01}ided, however, That the Sec- Seep.188.)

retary of the Interior may, in his discretion, renew any Pr R 0"'"0. .

.

t 1

.

1 t'h th '

-

f h

enewal of pre- perml ~ lcense, ease, or 0 er au. onzatIOn or suc pur- sentJPBSe8.tc.

pose heretofore granted or made. (U.S.C., 6th supp.,

title 16, sec. 202a.)

SEO. 4. That hereafter the acquisition of rights of way ~cquh

..isit

f

ion of

f

f t 1 t

. .

1 t b' l d

rig.. 0 way or0.1's. earn or e ec .rlC ral wa~s, au ?ItlO I e or wa,go~ roa .

s, b~ddED.(Repeals

wlthm. the Lassen Volcamc NatIOnal Park, t./ahforma, ~~~;o~f~~.'i:'"

under filings or proceedings under laws applicable to the ~9Sta~8:Y'

acquisition of such rights over or upon the national- eep. .

fol-est lands ot the United States is prohibited. (U.S. C.,

6th supp., title 16, sec. 201.)
14. Mount JlcIGnley National Park

Page

Act of February 26, 1917, establishing Mount McKinley National Park__ 200

Act of May 21, 1928, repealing the proviso of section 6 and last proviso of

section 7 of act of February 26, 1917, reL!.tive to limitation on appropriatiollil for, and killing of game for food in, Mount McKinley National

Park _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'_ _ _ _ _ _ _ _ _ __

Act of January 30, 1922, adding certain land.! to Mount McKinley National

Park__________________________________________________________

Joint resolution of June 14, 1930, providing for the naming of a prominent

"

mountain or peak within Mount McKinley National Park in honor of

Carl Ben _Eieldon________________________----___________________

Excerpt from act of January 26, 1931, to provide for uniform administration of the national parks, authorizing t~e prescribing of regulations for

surface use of m~nerallands within Mount McKinley Nationa] Park___

Act of March 19,1932, revising the boundary of Mount McKinley National

Park ~_______________________________________________

202

202

203

203

203

An Act To establish the .ount .cXinley National Park, in the

MOUDtMcKinley Territory of Alaska, approved February 26, 1917 (39 Stat. 938)

National Park,' B.

d b h S -

J Alaska,estab- e zt enacte, y t e ena:te a/WI H owse 0f R epresent- habed. ativea of the Uni.te(/) States of Ame.rica in (Jonqress aaDCSCliptioD,sembled, That the 'tract of land In the Terntory of

Alaska particularly described by and included within the

metes and bounds, to wit: Beginning .at a point as shown

on Plate III, reconnaissance map of the Mount McKinley

region, Alaska, prepared in the Geological Survey, edition of nineteen hundred and eleven, said point being at

the summit of a hill between two forks of the headwaters

of the Toklat Rivet, approximate latitude sixty-three

degrees forty-seven minutes, longitude one hundred and

fifty degrees twenty minutes; thence south six degrees

twenty minutes west nineteen miles; thence south sixtyeight degrees west sixty miles; thence in a southeasterly

direction approximately twenty-eight miles to the summit of Mount Russell; thence in a nOltheasterly direction

approximately eighty-nine miles to a point twenty-five

miles due south of a point due east of the point of beginning; thence due north twenty-five miles to said point;

thence due west twenty-eight and one-half miles to the

point of beginning, is hereby reserved and withdrawn

from settlement, occupancy, or disposal under the laws

of the United States, and said 'tract is dedicated and set

apart as a public park for the benefit and enjoyment of

the people, under the name of the Mount McKinley NaExistingentriea,tional Park. (U.S.C., title 16, sec. 347.)

et~..:Jot/,J:' d. SEC. 2. That nothing herein c::>htained shall affect any

~ b~'46 s';;.e;:valid existing claim, location, or entry under the laud

~~~~jSeep,

laws of the United States, whether for homestead, min200
LEGISLATION RELATING TO NATIONAL PARKS 201

eral, right of way, or any other purpose whatsoever, or

shall affect the nghts of any such claimant, locator:, or

entryman to the full use and enjoyment of his land.

(U.S. C., title 16, sec. 348.).

. .

SEC. 3. That whenever consIstent WIth the pnmary Right..ofway.

purposes of the park, the Act of February fifteenth, nine- Vol.31,p. 790.

teen hundred and one, applicable to the location of rights

of way in certain national parks and national forests for

irrigation and other purposes, shall be and remain applicable to the lands included within the park. (U.S.C.,

title 16, sec. 349.)

SEC. 4. Nothing in this Act shall in any way modify Mineralland

or affect the mineral land laws now applicable to the lawsnota'Tectf!d.

lands in the said park. (U.S.C., title 16, sec. 350.)

SEC. 5. That the said park shall be under the executive Regulationsof

control of the Secretary of the Interior, and it shall be control,etc.

the duty of the said executive authority, as soon as practicable, to make and publish such rules and regulations

not inconsistent with the laws of the United States as

the said authority may 'deem necessary or proper for the

care, protection, management, and improvement of the

same, the said regulations being primarily aimed at the

freest use of the said park for recreation purposes by the

public and for the preservation of animals, birds, and

fish and for the preservation of the natural curio;'ities

and scenic beauties thereof. (U.S.C., title 16, sec. 351.)

SEC. .6. That the said park shall be, and is hereby, Gamerefuge

established as a game refuge,. and no person shall kill established.

any game in said park except under an order from the

Secretary of the Interior for the protection of persons or

to protect or prevent the extermination of other animals

or birds: Provided, That prospectors and miners engaged Pf'<JlJi40.

in pr?specting or mining ~n said p~rk may take and ki.ll Killingforfood

therem SOmuch game o,r buds as may be needed for theIr permitted.(Reactual necessities when short of food; but in no case shall ~~~~~l.4~ee

animals or birds be killed in said park for sale or removal p. 202.)

therefrom, or wantonly. (U.S.C., title 16, sec. 352.)

SEC. 7. That the said Secretary of the Interior may, in Leasesforaccomhis discretion execute leases to t

arcels of gr ound not ex- ,,!~dationsfor

.

'. . VISItOrs(Amend- ceedmg twenty acres m extent or I

enods not to exceed ed by 39,Stat.

. 535,liSaml!Rded. twenty years whenever such groun IS necessary for the Seepp.9-12.)

erection of establishments for the accommodation of

visitors; may grant such other necessary privileges and

concessions as he deems wise for the accommodation of

visitors; and may likewise arrange for the removal of

such mature or dead or down timber as he may deem neces!>ary and advisable for the protection and improvement

of ~he park: P~d, T~at no appropriation for the fi:::;~oon appromamtenance of sald park m excess of $10,000 annuall y priations. (Reh II be d I h h

pealed by 45 sarna e un ess t e same s all have first been ex- Stat.622. See

pressly authorized by law. (U.S.C., title 16, sec. 353.) p.202.)

SEC. 8. That any person found guilty of violating any Punis~ment for

of the provisions of this Act shall be deemed guilty of a violanolls.
202 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

misdemeanor, and shall be subjected to a fine of not more

than $500 or imprisonment not exceeding six months, or

both, and be adjudged to pay all costs of the proceedings.

(U.S.C., title 16, sec. 354.)

An Act To repeal the proviso of section 6 and the last proviso of

section 7 of "An Act to establish the Mount McKinley National

Park in the Territory of Alaska," approved February 26, 1917,

approved May 21, 1928 (45 Stat. 622)

Mo~ntMcKinley Be it enacted by the Senate and H ou..~eof RepresentaNatIonal Park.

t

.

f

th U " t d S f A

. .

AlaskB.WeS 0 e n~ e tates 0 mer.zca ~n Congress

assembled, That the last proviso of section 7 of nn Act

Limitonappro. entitled "An Act to establish the Mount McKinley

priationsfor, National Park, in the Territory of Alaska," approved repealed. February 26, 1917; which is in the words and figures following:" Provided, That no appropriation for the mainVol.39,p.939, tenance of said park in excess of $10,000 annually shall

~~~"ti~d.See be made, unless the same shall have first been expressly

authorized by law," be, and the same is hereby, repealed.

. , SEC. 2. That the proviso of section 6 of an Act enr~~\:m)i~:I~~W' titled "An Act to establish the Mount McKinley National

game for foodin, Park in the Territor y of Alaska" app roved Februar y

repealed. '.. '

.

26, 1917, WhICh IS in the words and figures followmg:

"Provided, That prospectors and miners engaged in

Vol. 39, p. 939, P ros p ectin g or minin!!:in said Park ma y take and kill

repealed. See <J

p.201. therein so much gaule or birds as may b@ needed for

their actual necessities when short of food; but in no

case shall animals or birds be killed in said park for

sale or removal therefrom, or wantonly," be, and the

same is hereby repealed. (U.S.C., title 16, 6th supp.,

sec. 352, 353.)

An Act To add certain lands to Mount McKinley National Park,

Alaska, approved January 30, 1922 (42 Stat. 359)

MOII,lIt McKinley Be it enacted by the Senate and House of RepresentaNatIOnalPark,. i

h U

.

d S f A

. .

Alaska. C twes 0 t e n~te tates o. menca ~n ongres8 I.and.arldedto. a8se1'nb ed, That the south, east, and north boundaries of

the Mount McKinley National Park are hereby changed

as follows: Beginning at the summit of Mount Russell,

which is the present southwest corner of the park; thence

in a northeasterly direction one hundred miles, more or

less, to a point on the one hundred and forty-ninth meridian, which is twenty-five miles south of a point due

east of the upper northwest corner of the park; thence

north along the one hundred and forty-ninth meridian

twenty-five miles; thence west forty miles, more or less,

to the present upper northwest corner of Mount ~cKinley National Park. And all these lands lymg

between the above-described boundary and the present

south, east, and north boundaries are hereby r~served and

withdrawn from settlement, occupancy, or disposal, and

under the laws of the United States said lands are hereby

made a part of and included in the Mount McKinley

National Park; and all the provisions of the Act to
LEGISLATION RELATING TO NATIONAL PARKS 203

establish Mount McKinley National Park, Alaska, and Vol.89, p. 988.

for other purposes, approved February 26: 1917, are Seep. 200.

hereby made applicable to and extended over lands

hereby added to the park. (D.S.C., title 16, sec. 347.)

Joint Resolution To. provide for the naming of a prominent mountain or peak within the boundaries of Mount McKinley National

Park, Ala.ska, in honor of Carl Ben Eielson, approved June 14,

1930 (46 Stat. 588)

Resalved by the Senate and II ause af Re'JYf'Bsentatives ~~~:. Eielson,

af the United States af America in ('ang1'ess assembled,

That a mountain or peak, unofficially known as Copper

Mountain, located at the headwaters of the Mount McKinley River, lying in a northeasterly direction from Mount M t' .

McKinley in the Mount McKinley National Park, Alaska, M~~~ta;,rck~nley

.

h b tl d M t E

.

I

.

h f

National Park IS ere y perman en . y name oun Ie son In onor 0 namedin.honor

the pioneer work in aviation performed in Alaska and ~f.~arl Ben

the North by Carl Ben Eielson. Ie son.

Excerpt from" An Act To provide for uniform administration of

the national parks by the United States Department of the Interior, and for other purposes," approved January 26, 1931 (46

Stat. 1043)

SEC. 2. That hereafter the Secretary of the Interior Mount McKinley,

h h h

. .

b I

.

f h

Alaska S all ave aut onty to prescn e regu atlOns or t e sur- Regulationsfor

face use of any mineral land lo?at~ons already m~de or ':::[J:~:ll:~d; that may hereafter be made wlthm the boundanes of within.

M M K

.

I N t

.

I P k

.

h T

.

t f

(Amends sec 9 ount c m ey a lOna ar, III t e errI ory 0 Yol.39,'P.938:'

Alaska, and he may require registration of all prospectors i'R

ce P;t

20

t

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t

d

.

h h k P --'AI .J TI . egl.. ra Ion 0an mIllers W 0 enter t e par: ra'U'w,eu" Iat no resl- mine~s,etc.

dent of the United States who is qualified under the min- PrOVt8o.

ing laws of the Dnited States applicable to Alaska shall Entries.

be denied entrance to the park for the purpose of prospecting or mining. (D.S.C., 6th supp., title 16, sec. 350a.)

An Act To revise the boundary of the Mount McKinley National

Park, in the Territory of Alaska. and for other purposes, approved March 19, 1932 (47 Stat. 68)

Be it enacted by the Senate and II ause of Representatives af the United StJates af America in Oangress

ass&rnbled, That the boundary of the Mount McKinley ~~~i~~~I~~:'kley

National Park is hereby changed so as to read as follows: Alaska.

'

Beginning at the summit of a hill between the Toldat g~~~~:J:

River and the Clearwater Fork of that river at an ap- S

vol. 39, p. 938.

.

I t

.

t d f

.

th d f

er p. 200. proXImate a I U e 0 SIXty- ree egrees orty-seven

minutes forty-five seconds, longitude one hundred and

fifty degrees seventeen minutes forty seconds, which is

intended to be same point of beginning- of the bouhdary

description as contained in the Act of February 26, 1917; Descliption.

thence southerly along the summit of the ridge between

Toklat River and the Clearwater Fork of said river and

across Stony Creek at its confluence with the said Clearwater 'Fork to the summit of the ridge between Stony

Creek and the Clearwater Fork of .the Toklat River;

thence following the summit of said ridge and the sum-
204 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

mit of the riJ.ge between the tributaries of said Clearwater

Fork, the headwaters of the North Fork of Moose Creek

and Boundary Creek to the intersection with the present

boundary of Mount McKinley National Park at approximate latitude of sixty-three degrees thirty-two minutes

forty-five seconds, longitude one hundr:ed and fifty degrees twenty-four minutes forty-five seconds; thence

southwesterly fourteen and three-tenths miles, more or

less, to a point one-half mile north of Wonder Lake on

the stream flowinO' out of Wonder Lake .into Moose

Creek; thence south sixty-eight degrees west fortI

-three

and five-tenths miles, l1Iore 01' less, to the point 0 intersection with the southwest boundary extended; thence

southeasterly thirty-three miles, more or less, to the summit of Mount Russell; thence in a northeasterly direction

following the present south boundary approximately

eighty-eight miles to Windy Creek at approximate latitude sixty-three degrees twenty-five minutes forty-five

seconds, longitude one hundred and forty-nine degrees

one minute thirty-five seconds; thence easterly following

the north bank of Windy Creek to the western boundary

of The Alaska Railroad right of way; thence northerly

following the west boundary of The Alaska Railroad

right of way to a point due east of the present north

boundary of the park as extended due east; thence due

west following the present north boundary of the park

to the sununit of the ridge between Toklat River and the

ClearwEter Fork of said river; thence southerly following

.

the summit of said ridge to the place of beginning: Prof:~~~':J'tractBofvided, hmo'ever, That such isolated tracts of land lying landincluded. east of The Alaska Railroad right of way and the west

bank of the Nenana River between the north bank of

'Vindy Creek and the north park boundary as extended

eastward are also included in said park: Provi~d fur,.-

Validexisting the'!', That nothing herein contained shall affect any valid

claims, etc., not.. 1

.

I

.

d h I d 1 f

affect.ed. eXIstIng Calm, ocatIon, or entry un er t e an aws 0

the United States, whether for homestead, mineral, r~ht

of way, or any other purpose whatspever, or shall attect

the rights of any such claimant, locator, or entryman to

the full use and enjoyment of his land. (U.S.C., 6th

supp., title 16, sec. 355.)

SEC. 2. That the provisions of the Act -of August 25,

1916, entitled "An Act to establish a national park service, and for other purposes," and the Act of February

26, 1917, entitled "An Act to establish the 1t{ount McKinley National Park, in the Territory of Alaska," together with all Acts supplementary to and amendatory

of said Acts are made applicable to and extended over

the lands hereby added to the park. (U.S.C., 6th supp.,

title 16, sec. 355a.)

National park

provhdoDSmnde

applicable.

Vol. 39, p. 938 ;

Vol. 39, p. 535.

See pp. 200 and

II.
15. Grand Canyon National Park Page

205 Act of February 26, 1919, establishing the Grand Canyon National Park_

Excerpt from Interior Department appropriation act of June 5). 1924,

making appropria.tion for constLUction of trails in Grand \janyon

National Park and for the purchase of Bright Angel Toll Road________

Act of May 10, 1926, authorizing the exchange of certain patented lands

in Grand Canyon National Park for certain Government lands in said park__________________________________________________---------

Act of February 25,1927, revising the boundary of Grand Canyon National Park__________________________________________________--------

Excerpt from Interior Department appropriation act of March 7, 1928,

making funds available for maintenance of road within the Grand

Canyon National Park -- ---- ------------ -- ------------ -- -- --- Excerpt from uct of January 26, 1931, to provide for uniform administration of the national park 3,forbidding mineral prospectin~, etc., in the

Grand C!myon National Park - - - - -- - - - - -- - - -- -- - -- - - - -- - - - --

209

210

211

213

214

An Act To establish the Grand Canyon National Park in the State

of Arizona, approved February 26, 1919 (40 Stat. 1175)

Be it ena'(]tedby the Senate and H ()U,<Je of Representa- g~~io~~la;~~~

tives of the United States of Ame1'ic(lJ in Oongress Ariz.

.

assembled, That there is hereby reserved and withdrawn ~o~~d

setapart

from settlement, occupancy, or disposal under the laws

of the United States and dedicated and set apart as a

public park for the benefit and enjoyment of the people,

under the name of the" Grand Canyon National Park",

the tract of land in the State of Arizona particularly

described by and included within metes and bounds as

follows, to wit:

Beginning at a point which is the northeast corner of

township thirty north, range one east, of the Gila and

Salt River meridian, Arizona; thence west on township

line between townships thirty and thirty-one north, range D

.

t

.

. .

d

~~pl00.

one east, to sectIOn corner common to sectIons one an (AmendedbyU

two, township thirty north, range one east, and thirty- ~~til~38.

See

five and thirty-six, township thirty-one north, range one

east; thence north on section lines to the intersection with

Tobocobya Spring-Rowe Well Road; thence northwesterly along the southwesterly side of said Tobocobya

Spring-Rowe Well Road, passing and in relation to

United States Geological Survey bench marks stamped

"

Canyon" and numbered 6340, 6235, 6372, 6412, 6302,

($144, and 6129, through townships thirty-one and thirtytwo north. ranges one east and one and two west, tb its

intersection with the section line between sections nine

and sixteen in township thirty-two north, range two west;

thence west along the section lines through township

thirty-two north, ranges two and three west, t() its intersection with upper westerly rim of Cataract Canyon;

205
206 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

thence northwesterly along upper rim of Cataract

Canyon, crossing Hualapai Canyon and continuing northwesterly along said upper rim to its intersection with

range line, township thirty-three north, between ranges

four and five west; thence north on said range line, townships thirty-three and thirty-four north, ranges four and

five west, to north bank of tne Colorado River; thence

northeasterly along the north bank of the Colorado River

to junction with Tapeats Creek; thence easterly along

north bank of Tapeats Creek to junction with Spring

Creek; thence easterly along the north bank of Spring

Creek to its intersection with Gila and Salt River meridian, township thirty-four north, between ranges one

east and one west and between section six, township

thirty-four north, range one east, and section one, township thirty-four north, range one west; thence south on

range line between ranges one east and one west to section

corner common to sections seven and eighteen, township

thirty-four north, range one east, and sections twelve and

thirteen, township thirty-four north, range one west;

thence east on section lines to section corner common to

sections seven, eight, seventeen, and eighteen, township

thirty-four north, range two east; thence south on section

lines to township line between townships thirty-three

and thirty-four north, range two east. 'at section corner

'common to sections thirty-one and thirty-two, township

thirty-four north, range two east, and sections five and

six, township t~irty-three no~th1 range two east; thence

east on townshlp hne to sectIOn corner common to sections thirty-one and thirty-two, township thirty-four

north, range three east, and sections five and six, township thirty-three north, range three east; thence south

on section lines to section corner common to' sections

seventeen, eighteen, nineteen. and twenty, township

thirty-three north, range three east; thence east on section lines to section corner common to sections thirteen,

fourteen, twenty-three, and twenty-four, township thirtythree north, range three east; thence north on section

lines to section corner common to sections one, two, eleven,

and twelve, township thirty-three north, range three

east; thence east on section lines to the intersection with

upper rim of Grand Canyon; the'nce northerly along said

upper rim of Grand Canyon to main hydrographic

divide north of N ankoweap Creek; thence easterly along

the said hydrographic divide to its intersection with the

Colorado River, approximately at the mouth of Nankoweap Creek; thence easterly across the Colorado River

and up the hydrographic divide nearest the junction of

Nankoweap Creek and Colorado River to a point on the

upper east rim of the Grand Canyon; thence by shortest

route to an i~tersection with range line. townships thirtyt.hree and .thirty-four north, between ranges five and six

east; then~e south on said range line, between ranges five
LEGISLATION RELATING TO NATIONAL PARKS

and six east, to section corner common to sections eighteen and nineteen, township thirty-three north, range six

east and sections thirteen and twenty-four, township

thirty-three north, range five east; thence east on secti6n

lines to section corner common to sections sixteen, seventeen, twenty, and twenty-one~ township .thirty-three

north range six east; thence south on sectiOn hnes to

sectio~ corner common to sections eight, nine, sixteen,

and seventeen, township thirty-one north, range six east;

thence west on section line to section corner common to

sections seven, eight, seventeen, and eighteen, township

thirty-one north, range six east; thence south on section

lines to township line between townships thirty and

thirty-one north at section corner common to sections

thirty-one and thirty-two, township thirty-one north,

range six east, and sections five and six, township thirty

north, range six east; thence west on township line to

section corner common to sections thirty-four and thirtyfive, township thirty-one north, range five east, and sections two and three, township thirty north, range five

east; thence south on section line to section corner common to sections two, three, ten, and 'eleven, township

thirty north, range five east; thence west on section lines

to range line, township thirty north, between ranges- four

and five east, at section corner common to sectIOns six

and seven, township thirty north, range five east, and

one and twelve, township thirty north, range four east;

thence south on range line, township thirty north, between ranges four and five east, to section corner common

to sections seven and eighteen, township thirty north,

range five east, and sections twelve and thirteen, township

thirty north, range four east; thence west on section line

to section corner common to sections eleven, twelve, thirteen, and fourteen, township thirty north, range four

east; thence south on section line to section corner common, to sections thirteen, fourteen, twenty-three, and

twenty-four, township thirty north, range four east;

thence west on section lines to section corner common to

sections fifteen, sixteen, twenty-one, and twenty-two,

township thirty north~ range four east; thence south on

section line to section corner common to sections twentyone, twenty-two, twenty-seven, and twenty-eight, township thirty north, range four east; thence west on section

lines to range line, township thirty north, between ranges

three and four east, at sectIOn corner common to sections

nineteen and thirty, township thirty north, range four

ea~t. and sections twenty-four and twenty-five, township

thIrty north, range three east; thence north on range line

to section corner common to sections eighteen and nineteen, township thirty north, range four east, and sections

thirteen and twenty-four, township thirty north, range

three east; thence west on section lines to section corner

common to sections fourteen, fifteen, twenty-two, and

207
208 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

twenty-three, township thirty north, range three east;

thence north on section line to section corner common to

sections ten, eleven, four-teen, and fifteen, township thirty

north, range three east; thence west on section lines to

range line at section corner common to sections seven and

eighteen, township thirty north, range three east, and

sections twelve and thirteen, township thirty north, range

two east; thence north on range line to sectiOJacorner

common to sections.six and seven, township thirty north,

range three east, snd sections one and twelve, township

thirty north, range. two east: thence west on section line

to section corner common to sections one, two, eleven, and

twelve, township .thirty north} range two east; thence

north on section line to township line at section corner

coinInon to sections thirty-five and thirty-six, township

thirty-one north, range' two east, and sections one and

two, township thirty north, range two east; thence west

on, township line to the northeast corner of township

thir!y north, range one east, the place of beginning.

Admfni.tration (U

S

,S,C'

2'

ti

T

tl

h

e 16'h

sec.

dm

221)..

.

d

byN..tionalPark EC.. at tea ImstratlOn, protectIOn, an proService. motion of said Grand Canyon National Park shall be

Vol.39,p.535. exercised, under the direction of the Secretary of the Seep.9. Interior, by the National Park Service, subject to the.

provisions of the Act of August twenty-fifth, nineteen

hundred and sixteen, entitled "An Act to establish a

National Park Service, and for other purposes": Provided, That all concessions f.or hotels, camps, transportation, and other privileges of every kind and nature for

the accommodation or entertainment of visitors shall be

~gh~taigiJd~. let at public bidding to the best and most responsible

bidder. (U.S.C., title 16, sec. 222.)

Right.of Hava. SEC. 3. That nothing herein contained shall affect the

"bPiJ I'ddlans not rights of the Havasupai Tribe of Indians to the use and

a r ge.

occupancy of the bottom lands of the Canyon of Cataract

Creek as described in the Executive order of March

thirty-first, eighteen hundred and eighty-two, and the

Secretary of the Interior is hereby authorized, In his discretion, to permit individual members of said tribe to use

and occupy other tracts of land within said park for

agricultural purposes. (U.S.C., title 16, sec. 223.)

ExI.tlngrights SEC. 4. That nothing herein contained shall affect any

notdected. valid existing ~laim).. location, or entry under the la,nd

laws of the Umted ;jtates, whether for homestead, mIneral, right of way, or any other purpose whatsoever, or

shall affect the rights of aQY such claimant, locator, or

entryman to the full use and enjoyment of hie. land and

nothing herein contained shall affect, diminish, or impair the right and authority of the county of Coconino,

BrightAngelTollIII the State .of Arizona, to levy and collect t?lls for the

RoadandTnill. passage of lIve stock over and upon the Bnght Angel

Toll Road and Trail, and the Secretary of the Interior is

hereby authorized to negotiate with the said county of
LEGISLATION RELATING TO NATIONAL PARKS 209

Coconino for the purchase of said Bright Angel TolI PurchaseauthOrRoad and Trail and all rights therein, and report to ~~'tat~':23.

Congress at as early a date as possible the tenns upon p.209below.

which the property can be procured. (U.S.C., title 16,

sec. 224.)

SEC. 5. That whenever consistent with the primary

purposes of said /ark the Act of February fifteenth, nine- RightsofWay

teen. hundred an one, applicable to the locations of rights V~\h8rlz':'790

of way in certain national parks and the national forests'

.. .

for irrigation and other purposes, and subsequent Acts

shall be and remain applicable to the lands included

within the park. The Secretary of the Interior may, in

his discretion and upon such conditions. as he may deem

.proper, grant easements or rights of way for railroads For,ailroads.

upon or across the park. (U.S. C., title 16, sec. 225.)

SEC. 6. That whenever consistent with the primary

purposes of said park, the Secretary of the Interior is

authorized, under general regulations to be prescribed

by him, to permit the prospecting, development, and ~ineralP,ro tt

SPCC

d

t-

'I' t ' f h ' I f

.

d k

mg permt e ,

utI lza IOn 0 t e mmera resources 0 sal par upon (Amendedby46

such' terms and for specified periods, or otherwise, as he :~il~43. See

may deem to be for the best interests of the United States.

(U.S.C., title 16, sec. 226.) , ,

SEC. 7. That, whenever consistent with the primary ~%,j~~~n

purposes of said park, the Secretary of the Interior is

Authorized to permit the utilization of areas therein

which may be necessary for the development and maintenance of a Government reclamation project. (U.S.c.,

title 16, sec. 227.)

SEC 8 That where Privatel y owned lands within the Bu~ld!ng.etc.,r~. .

. .. strlcttonson said park he wlthm three hundred feet of the rim of priV'8telands.

the Grand Canyon no building, tent, fence, or other structure shall be erected on the park lands lying between said

privately owned lands and the rim. (U.S.C., title 16,

:sec. 228.)

SEC. 9. The Executive order of January eleventh, nine- ~~~r:n~a~~~.

teen hundred and eight, creating the Grand Canyon Na- lnentvacated.

tiona 1 Monument, is hereby revoked and repealed, and Parklandsexsuch parts of the Grand Canyon National Game Preserve, ~~~:dp~:;::~rve.

designated under authority of the Act of Congress, ap- Vol,34,p.607.

proved June twenty-ninth, nineteen hundred and six,

entitled "An Act for the protection of wild animals in

the Grand Canyon Forest Reserve," as are by this Act

included with the Grand Canyon National Park are

hereby excluded and eliminated from said game preserve.

Excerpts from" An Act Making appropriations for the Department

of the Interior for the 1I.scal year ending June 30, 1925, and for

other purposes," approved June Ii, 1924 (43 Stat. 423)

F h

.

f

.

1

.

h' h G C

Grand Canyon,

. or t e constructIOn 0 tral s Wit III t e rand anyon Arizon.,.

National Park, $100,000,to be immediately available and fr~ii:ri~~ttonof

to remain available untIl expended: Ppomaed, That said ~0"f0' base

sum may be used by the Secretary of the Interior for theBr~h~ .r~;1ToU

purchase from the county of Coconino, Arizona, of the ~~a:08~tc.see
210

Grand Canyon

National Park,

Ariz.

Lands 1n, transferrer! to United

States.

Description.

Lands to be selected in lieu.

Description.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Bright Angel Toll Road and trail within said park 1Jnder

such terms and conditions as he may deem proper and the

Secretary of the Interior is authorized to construct an

approach road from the National Old Trails Highway to

the south boundary of said park.

An Act To authorize the exchange of certain patented lands in

the Grand Canyon National Park for certain Government lands

in said park, approved May 10, 1926 (44 stat. 497)

B~ it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled. That the owner of the land described as the northeastquarter of the northwest quarter of section 17, township 30 north, range 4 east, Gila and Salt River meridian,

ArIzona, containing 40 acres, more or less, and that portion of lot numbered 2 of section 17, township 30 north,

range 4 east, Gila and Salt River meridian, Arizona,

lying west ?f the east line of a ri~ht. of way of

~

proposed

road, descrIbed as follows: Be~nmng at a pomt on the

south line of said section 17, eight hundred feet west of

the quarter section corner of said section 17; thence north

twenty-f'Our degrees forty-five minutes west. five hundred

feet; thence north fourteen degrees forty-five minutes

west, five hundred feet; thence north thirteen degrees five

minutes west, eight hundred and thirty-one feet to the

intersection of the west line of the northeast quarter of

the southwest quarter of said section 17; thence south one

thousand seven hundred and forty-eight feet on the east

line of the west half of the southwest quarter of said section 17 to the south line of said section 17; thence east

along said south line, five hundred and twenty-three and

five-tenths feet to the point of beginning, containing eight

and nine-tenths acres~ inore or less, all within the Grand

Canyon National Park, is hereby permitted and authorized to convey the fee simple title to said land to the

United States of America, and select in lieu or said land

above described the Government land within the area

described as follows: Beginning at a point on the south

line of section 17, township 30 north, range 4 east, Gila

and Salt River meridian, Arizona, approximately eight

hundred and seventy feet east of the south quarter sectIOn

corner of said section 17, which point is south of a point

just east of the east bank of a draw on the south rIm of

the Grand Canyon; thence north approximately five hundred and fifty feet to. said point on the south rim of the

Grand Canyon; thence northwesterly along the south rim

of the Grand Canyon approxim!o.Cely four thousand eight

hundred and ten feet to Its intersection with the east line

of the southeast quarter of the northwest quarter of said

section 17; thence south on the north and south center

line of said section 17 approximately three thousand

seven hundred and seventy-five feet to the south line of
LEGISLATION RELATING TO NATIONAL PARKS 211

said section 17; thence east along said south line of said

section 17 approximately eight hundred and seventy feet

to the point of beginning, containing twenty-five and

eight-tenths acres, more or less, Ilnd the Secretary of the

Interior is hereby authorized, empowered, and directed

to accept a duly executed grant deed from said owne.r

conveying said owner's land above described to the United

States of America, 'and upon acceptance of such grant

deed to cause to be issued and delivered to said owner a

patent conveying absolutely to said owner the Govern- Patentl;o,pwner.

ment land above described: Provided, however, That the P

La,o"d

i.o.

b

I I d b ' d h d b

n 8 to) ecome.

ane s so conveye y sal ownel' s all become an e a i.artofGrand

part of the Grand Canyon National Park and be subject (;any'>nPark.

to all laws and regulations relating to said park. (D.S.C.,

6th supp., title 16, sec. 221c.)

SEC. 2. U pon the completion of the exchan ge author- Title to. existing

. .. ToadqUltclabned Ized by the precedmg section hereof there shall be, and to owner.

is hereby, relinquished and quitclaimed to said owner any

right, title, and interest that the United States of America

may have in and to the now existing road over other land

of said owner in the Grand Canyon National Park, the

center line of said road being described as fcillows: Be- Description.

ginning at a point approximately at the south quarter

section corner of section 17, township 30 north, range 4

east, Gila and Salt Rive'r meridian, Arizona, thence north

ten degrees eleven minutes west, five hundred feet; thence

north thirty-six degrees six minutes west, one hundred

and forty-five feet; thence north forty-two -degrees sixteen minutes west, one thousand seven hundred feet to

the east line of the west half of the west half of said

section 17. (D.S.C.,6th supp., title 16, sec. 221d.)

An Act To revise the boundary of the Grand Canyon National

Park in the State of Arizona, and for other purposes, approved

February 25, 1927 (44 Stat. 1238)

Be it enacted by the Senate and Howse of Repl'esentatit.es of the United States of America in Oongre8s a88e1n~

bled, That the boundary of the Grand Canyon National gr~~d~a~yo~

Park is hereby changed so as to read as follows: A~i~~naar.

Beginning at a point on the present south boundary of ~und~JY

Grand Canyon National Park, being the northeast corner ~'oi~~o:p.1li5,

of townshi p 30 north

~

an ge 1 east of the Gila and Salt amen,?ed.See , ,. .205.

River merIdian, Ariz na; thence westerly along north \)esCl'iption.

line of said township to the northwest .comer of section

1) said township; thence northerly along west line of sectIon 36,.township 31 north, range 1 east, to a point onehalf mile south of the center line of the Supai road survey

as mapped and staked by the Bureau of Public Roads

during the field season of 1925; thence in a northwesterly

direction follo"!Ving a line, which maintains a uniform

distance one-half mile south and west of the center line

of said road survey, to its intersection with the projected

section line between what probably will be when surveyed
212 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

sections 9 and 16, township 32 north, range 2 west; thence

westerly along prQjected section lines through probable

townshIps 32 north,ranges 2, 3, and 4 west, tQ its intersection with the upper west rim of Havasu (Cataract)

Canyon; thence northwesterly along said upper west rim,

crossing Hualapai Canyon to Wescogame Point and continuing northwesterIyalong said upper rim to Watahomigie Point; thence due north along the top of a ridge

a distance of approximately three-fourths of a mile to

the point .of said ridge, the elevation of which is given

as four thousand eight hundred and sixty-five feet;

thence northwesterly, crossing Beaver Canyon, to Yumtheska Point and continuing northwesterly, following the

lower rim of Y umtheska Point, crossing the projected

range line between ranges 4 and 5 west to the divide west

of Havasu Creek; thence northerly along said divide to

the north bank of the Colorado River; thence north.

easterly along said bank to the divide immediately west

of Tapeats Creek; thence northeasterly along sa.id dividel

including the entire drainage area on the north side of

Tapeats Creek, to the poillt at which this divide touches

the ledge of cross-bedded sandstone generally known as

the Coconino sand~ton~; t~ence

.

sO'utherly. along said

sandstone -ledge to Its Junction WIth the GIla and Salt

River meridian; thence southerly along the Gila and Salt

River meridian to the northwest corner of what will

probably be when. surveyed section 18, township 34 north,

range 1 east; thence easterly along I?rojected section lines

to the northeast corner of what wIll probably be when

surveyed section 14, township 34 north, range 2 east;

thence southerly along projected section line to the southeast corner of said section 14; thence easterly along projected section lines, a distance of approximately six miles

to a point on the divide between South Canyon and

-Thompson Canyon; thence southeasterly along said

divide, including the entire drainage area of Thompson

Canyon and Neal Spring Canyon, to the intersection with

the upper rim of the Grand Canyon; thence easterly

along the main hydrographic divide north 0'£ Nankoweap

Creek and Little N ankoweap Canyon to its intersection

with the Colorado River, approximately at the mouth of

I,.ittle Nankoweap Canyon; thence due east across the

Colorado River to the east bank of the Colorado River;

thence sputheasterly along said bank, to the north bank

of Little Colorado River; thence easterly along said bank

of Little Colorado River to its intersection with what

probably will be when surveyed the east.line of section 32,

township .33 north, range 6 ea~t, or the east line of section

5, townshIp 32 north, range 6 east; .thence southerly along

projected section line~. to the northeast corner of what

proJJably will be when surveyed section 8, township 30

north,. range 6 east; thence .westerly along projected section lines to the southwest corner of wbat probably will
LEGISLATION RELATING TO NATIONAl, PARKS 213

be when surveyed section 6, township 30 north, range 5

east; thence southerly to the northeast corner of section

13, township 30 north, range 4 east; thence westerly to

the northwest corner of said section 13; thence southerly

to the southwest corner of said section 13; thence westerly

along section lines to a point nine hundred and fifty feet

west of the northeast corner of section 22, said township;

thence due south a distance of one thousand three hundred and twenty feet to a point on the south line of the

north tier of forties of said section 22; thence westerly

to the west line of said section 22; thence southerly along

said west line, to the southwest corner of said section 22;

thence westerly along section lines to the southwest corner

of section 19, township 30 north, range 4 east; thence

northerly to the northwest corner of said section 19;

thence westerly to the southwest corner of section 14,

township .30 north, range 3 east; thence northerly to the

northwest corner of said section 14; thence westerly on

section lines to the southwest corner of section 12, township 30 north, range 2 east; thence northerly along section lines to the north line of said township 30 north,

range 2 east; thence westerly along said north township

line to the place of beginmng; and all of those lands

lying within the boundary line above described are

hereby included in and made a part of the Grand Canyon

National Park; and all of those lands excluded from the Excludedlands

t G d C N t

.

I P k h b

. addedto national presen ran anyon a IOna ar are ere y In- forests.

cluded in and made a part of the contiguous national

forests, subject to all natIOnal forest laws and regulations.

(D.S.C., 6th supp., title 16, sec. 221a.)

SEC. 2.. That the provisions of ~he Act of February 26, Natic.nalpark 1919, entItled "An Act to establIsh the Grand Canyon provi,ionsmade

National Park in the State of Arizona," the Act of ~~f.1~~~~~~1175 :

Au

~

ust 25 1916 entitled."An Act to establish a national Vol.89.p. 535,

.' ,

Seepp 205and9. par. serVIce, and for other purposes," and all Acts supplementary to and amendatory of said Acts are ulIl.de

applicable to and extended over the lands hereby added

to the park: Provided, That the provisions of the Act of Provi&o.

June 10, 1920, entitled "An Act to create a Federal power ::;~t~~~i~we~ct

commission; to provide for the improvement of naviga- Vol.41,p. 1068.

ti.on; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of

the River and Harbor Appropriation Act, approved

August 8, 1917, and for other purposes," shall not apply

to or extend over such lands. (D.S.C., 6th supp., title

16, sec. 221b.)

Excerpts from "An Aot )laking appropriations for the Department

of the Interior for the fiscal year ending lune 30, 1929, and for

other purposes," approved )larch 7, 1928 (45 Stat. 234)

Funds herein appropriated shall be available for the Gr!,ndCanyon.

maintenance of a road within the following-described ~~'i~tenance of

area, which is hereby added to and made a part of the 'road.
214 LAWS FOR NAT. PARK SERVICE, PARKS, & 'MONUMENTS

Grand Canyon Na:tional Park: Beginning at the corner

common to sections 14,15,22, and 23, township 30 north,

range 4 east, Gila and Salt River meridian; thence west

along the section line between sections 15 and 22 a distance of nine hundred and fifty feet; thence south a distance of one thousand three hundred and twenty feet to a

point 0\1 the south line of the north tier of forties of said

section ~2; thence east a distance of qne thousand six

hundred 'and ten feet; thence north a distance of one

thousand three hundred and twenty feet to a point on

the line between sections 14 and 23; thence west along

said section line a distance Of six hundred and sixty feet

to the place of beginning, containing an area 01: fortyeight and seventy-nine hundredths acres, more or less:

Proviso.

. Provided, That livestock permitted to graze in adjoining ~J:n:~.grazlDg nati9nal forest areas shall be allowed to drift across the

land described herein to private land north thereof

within the park. (V.S.C., 6th supp., title 16, sec. 221e.)

Description.

Excerpt from" An Act To provide for uniform administration of

the national park by the United States Department of the Interi<!.r, and for other purposes," approved' lanuary 28, 1931 (41r

Stat. 1043)

:arineralprospect. Hereafter no permit, license, lease, or other authorizac!~Y~~~'A~:~d tion for the prospecting, development, or utilization of forbidden. the mineral resources within the * * * Grand (Amends sec. 6,

C N

.

1 P k A

.

h 11 b t d

40Stat.1175. anyon ahon~' ar, nzona, s a e gran e or Seep.209.) made. (V.S.C., ~th supp., title 16, sec. 226.)
16. Acadia National Park Page

215 Act of Februa"y 26, 1919, e:ltabliahing the Lafayette. Nation9-1 Park_ ----

Act of January 19, 1929, providing for extension of boundary limits of

Lafayette. National Park in Maine and for change of name of s9id park

to the Acadia Nadonal

Park______________________________________

Act of May 23, 1930, authorizing transfer of former naval radio station,

Seawall, Maine, as an addition to Acadia National Park-____________

216

216

An Ac~ To establish the Lafayette National Park in the State of

Maine, approved February 28, 1919 (40 Stat. 1178)

Be it enacted by the Senate and House of RepresMliafives of the United States of A.vuerica in CQngress assembled, That the tracts of land, easements, and other ~~i~~~~epark

real estate heretofore known as the Sieur de Monts Na- Maine. '

.

I M

.

d '''" D I I d

. Sieurde Monts

tIona .I! onument, sItuate on .lu.ount esert s an In National

the count y of Hancock and State of Maine established Monument,

, ~hanged to

and designated as a national monument under t.he Act of

.

June eighth, nineteen hundred and six, entitled "An Act

for the preservation of American antiquities," by presidential proclamation of July eighth, nineteen hundred

and sixteen, is hereby declared to be a national park.and

dedicated as a public park for the benefit and enjoyment of the people under the name of the Lafayette National Park, under which name, the aforesaid national

park shall be entitled to receive a'nd 'to use all moneys

heretofore or hereafter appropriated for Sieur de Mont::;

National Monument. (U.S. C., title 16~'sec. 341.)

S 2 '

rh t th d

,' t ' t ' t t

.

d

Administration EC.. a e a mUllS ra lon, pro ec lon, an pro- II\'Kational

motion of said Lafavette National Park shall be exer- Pa:kService.

cised under the direction of the Secretary of the Interior Vol.39,p. 535.

by the National Park Service, subject to the provision Seep.9.

of the Act of August twenty-fifth, nineteen hundred and

sixteen, entitled "An Act to establish a National Park

Service~ and for other purposes," and Acts additional

thereto or amendatory thereof. (U.S. C., title 16, sec.

342.)

SEC. 3. That the Secretary of the Interior is hereby

authorized, in his discretion, to accept in behalf of the ta f

U

.

d S

.

h h

.

d M D

Accep nee 0

mte tates sue ot er property on sal ount esert <lonatedlands,

Island, including lands, easements, buildings, and etc.

moneys, as may be donated for the extension or improvement of said park. (U.S.C., title 16, sec. 343.)

An Act To provide for the extension of the boundary limits of

the Lafayette National Park in the State of Maine and for

change of name of said park to the Acadia National Park, approved January 19, 1929 (45 Stat. 1083)

Be it enacted by the Senate and Hou.~e of Rl'presentatives of the United State.~ of A.mericain ('ollfll'esS as215
216 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Lafayette, semJJled, That the Secretary of the Interior be, and he is

Natioll8l Park h b th .

d

.

hi d

.. .

Maine. b h If .

ere yjau orI~, m .

s l!~CretlOn, to accept In e a

Acceptanceau- of the United States lands, easements, and buildjngs, as

:~~fu'':~8D1:; ~ay be donate? for. th~ extension of the Lafayette Na- exten.ioDthereof;tI?n9:1 Par~, lymg withm. the.boul1,ds of Hancod~ County

withm whIch the' park IS Sltuated, together wIth such

islands in Knox County adjoining, as lie to, t'b.e east and

south of the main ship channel through Penobscot Bay,

which complete the archipelago of which Mount Desert

Island, whereon the "park IS situated, forms the domin~nt

and largest unit. (U.S.C.,6th supp., title 16, sec. 342a.)

.

SEC. 2. That the area now withm the Lafayette NaNamechanged tional Park, together with such additions as mayhere~

toAcadia after be made thereto,. shall be known as the Acadia

National Park. Nationa 1 P aI",k under whieh name the aforesaid national

park shall be entitled to receiv~ ,and to use all money..

heretofore. or hereltfter appropriated 'for the Lafayette

~lIi8o. ActNational Park: Provided, That the provisions of the Act

Doit~~li:~le.of June 10, 1920, entitled "An Act to ~reate a Federal Vol.41,p.1068.Power Commission, to provide for the improvement of

navigation, the. development of water power, the use of

the public lands in relation thereto, and to repeal section

18 of t~ Rivers and Harbors Appropriation Act, approved August 8, 1917, and for other purposes," shan

not apply to or extend to any lands now or hereafter

included in said park. (U.S.C., 6th supp., title 16, sec.

342b.)

An Act To authorize the transfer of the former naval radio staUon, Seawall, ](aine, as an addition to the Acadia "aUonal Park,

approved )lay 23, 1930 (46 Stat. 377)

Be it enac.teq by t~, Senate OJndHOW8e of Representatives of the United States of Ameriaa in Oongress 0,8-

AcadiaNatioll8lsemlJled,That the SeCretary of the Navy be, and he Park,Maine. hereby is, authorized and directed to transfer to the control and j!lrisdiction of the Secretary of the Interior as

Landsaddedto. an addition to the Acadia National Park, established

Vol.'0, p. 1178,under the Act of February 26, 1919 (40 Stat. 1178), as

am:rs1ed.See amended by the Act of January 19, 1929 (Public, Num-

~oI;,i6,p. 1088.bered 667, Seventieth Congress), all that tract of land Seep.215. containing two hundred and twenty-three acres, more or

less, with improvements thereon, ,comprising the fonner

naval radio station at Seawall, town of Southwest Harbor, Hancock County, Maine, said tract being no .longer

needed for naval purposes. (U.S.C.,6th supp., title 16-

sec. 342a.)
17. Zion National Park

Act of November 19, 1919, establishing the Zion National Park_______.__

Excerpt from .act of June 7, 1924, authorizing the exchange of alienated

hmdd in the Zion National Park for other l&nds u c____

Act of May 28, 1928, for the relief of the town of Springdale, Utah______

Act of June 13, 1930, adding certain lands to the Zion National Park____

Page

217

217

217

218

An Act -To establish the Zion National PaJ;k In the State of 'Utah,

approved November 19, 1919 (41 Stat. 3118)

B.e it enacted by. the Senate and H O'USeof Representatives of the United States of America in 00'!'1Pes8 .

assembled; That the Zion NatIOnal Monument, m the ~:r~~::'ul county of Washington, State of Utah, established aQ,d Fom:ernational

designated as a national monument under the Act of ~;eD~.

June 8 1906 entitled "An Act for the preservation of Vol 8(, p. 225.

Ameridan an'tiquities," by Presidential proclamation1> of~. ~6~:~'m8;

July 31, 1909, and March 18, 1918, is hereby declared to vol 40,p. 1760.

be a national park and dedicated as such for the .benefit

and enjoyment of the people, under the name of the

Zion National Park, under which name the aforesaid

national park shall be maintained by allotment of funds

heretofore or hereafter appropriated for the national

monuments, until such time as an independent appropriation is made therefor by Congress. (U.S.C., title 16,

sec. 344.)

S

.

2 Th th dm " t t

.

t

.

d EC.. at e a Administration llllS ra lon, protec lon, an pro- byNationalPark

motion of s~id ~ion National Park shall be exe.rcised ~~~3"9, p. 535. under the dIrectIon of the Secretary of the InterIOr by Seep.9.

the National Park Service, subject to the provision of

the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes,"

and Acts additional thereto or amendatory thereof.

(U.S.C., title 16, sec. 345.)

Exoerpt from" An Act To establish the 'Utah National Park In the

State of Utah," approved lune 7,.1924 (43 Stat. 593)

The Secretary of the Interior is hereby authorized to E~cbange

ed l

or

d

I

.

h " d

.

t

.

I

.

d I d

.

*

* *

ahenat an s

exe lange, In IS lsere lon, a lenate an s In in ZionNational

Zion National Park for una pp ro p riated and unreserved Parkrorotber

. landa. public lands of equal value and approximately equal area

in the State of Utah outside of said park. (U.S.C., title

16, sec. 346.) \

An Act For the relief of the town of Springdale, Utah, approved

May 28, 1928 (45 Stat. 787)

Be it enacted by the Sella(~ mid flousc of Rep1'esentalives of the U11ited States orA1Jia!ea.in. Oong1'ess a8sem.-

217
218 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

SpriDirdale,)JI!ah. bled,. That the Secretary of the Interior is hereby author-

~:l,rrl~~: ized and directed, under such reasonable regulations as

spripgsin Zion he may prescribe, to grant permission to the town of

NatJooalPark. S

.

d I Ut h t d

.

rt th h h

.. f.

prmg a e, a, 0 Ive. roug sue plpmg aCII-1'

ties as may be necessary, for domestic and other uses

within the limits of said town of Springdale, Utah,

water from certain springs in the Zion National Park.

Utah, situated at the head of what is known as Oak

Creek, which crosses the main highway about one-half

mile below the park b.oundary, and located in approximately section 20, township 41 south, range 10 west, Salt

Lake meridian.

Zion National

Park.

Lands added to.

An Act To add certain lands to the Zion Nationall'ark in the State

ot Utah, and tor other purposes, approved 1une 13, 1930 (46 Stat.

682) .

Be it fmaated by the Senate and House of Representa.-

tives of the United States of Arnerica in Oon,gress assembled, That sections 7, 17, 18, 19, 20, 29, 30, 31, and 32,

township 41 south, range 9 west; unsurveyed sections 5,

6, 7, 8, 17, and 18, township 42 south, range 9 west;

unsurveyed sections 5, 6, 7, and 8, township 42 south,

range 9112west; unsurveyed sections 1, 2, and the north

half and southeast quarter section 3; northeast quarter

section 4, east half section 10, sections 11 and 12, township 42 south, range 10 west; all of section 2L southwest quarter section 22, northwest quarter section 27,

southeast quarter unsurveyed section 28; east half unsurveyed section 33, township 41 south, r.ange 10 west; and

11,11of sections 34, 35, and 36, township 41 sou~h1 range

11 west all with reference to the Salt Lake merIdian, be,

and the' same are hereby, added to and made a p.art of

the Zion National Park in the State of Utah, subject to

all laws and regulations applicable to and governing

said park. (U.S. C., 6tH supp., title 1b, sec. 346a.)
18. Hot Springs National Park

Excerpt from act of April 20, ,1832, to authorize the Governor of the

Territory of ArkanSas to lease salt springs in said Territory, reserving

the hot springs in the Territory of Arkansas for the future disposal of

tl'ie United States ___ __ __ __ __ h_ ___________

Act of June 11,1870, relating to the Hot Springs Reservation in Arkansas_

Act of March 3,1877, relating to the Hot Springs Reservation in Arkansas_

Act of December 16, 1878, authorizing the appointment of the Hot

Springs Commission; directing the lease of Arlington Hotel grounds;

granting water rights to hotels and bath houses at Hot Springs, Ark.,

etc____________________________________________________________

Act of April 12, 1904, amending act of December 16, 1878, so as to

h~~~~~i:~ ~~~ ~~~r~~~~ tk~~~!~i~~_~ _~_a_t~~ _~i~~:~ _

~~

_~~~e!~ _

~~~ _ ~~~~ Act of June 16, 1880, for the establishment of land titles in Hot Springs__

Act of February 10, 1900, amending section .four of act of June 16, 1880,

so as to grant c!!rtain lands to city of Hot Springs, Ark., as a city park_

Excerpt from the War Department appropriation act of June 30, 1882,

establishing an Army and Navy hospital at Hot Springs, Ark ~____

Act of July 8, 1882, authorizin~ the sale of certain lots in the city of Hot

Springs, Ark., to the Woman s Christian National Library Association_

Joint R~solution of March 3, 1887, authorizing the use of hot water off the

Government reservatio,'1 at Hot Springs, Ark_______________________

Joint Resolution of March 26, 1888, authorizing thE}utilization of the hot

water running to waste on the permanent reservation at Hot Springs,

Ark___________________________________________________________

Act of October 19, 1888, granting right of way for const.ruction of a. railroad through Hot Springs Reservation__ __ _ _ __ __ _ _ _ _ _ _ __ ___ __ __

Act of March 3, 1891, regulating the granting of leases at Hot Springs,

Ark ~__________________________________________

Act of June 22, 1892, including lot 53, in block 89, at Hot Springs, Ark.,

in the public reservation at that place__ ____ ____ __ __ ____ ______ __ ___

Act of July 14, 1892, granting lot 1, in block 72, of Hot Springs Reservation to school district of Hot Springs for school purposes__ ______

~

__ ___

Act of December 21, 1893, granting rights of way for construction of

a railroad and other improvements over and on West Mountain of Hot

Springs Reservation __ _ _ _ _ _ _ _ _ _ _ _ __ _ __ __ __ _ _ _ _ __ __ __ _ _ _ ___ ___

Act of June 21, 1894, granting the use of certain lands in Hot Springs

Reservation to the Barry HospitaL '-________________

Act of August 7, 1894, authorizing the granting of leases for sites on Hot

Springs Reservation for cold water reservoirs_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Act of August 9, 1894, authorizing the sale of lot 8, in block

93" at Hot Springs, Ark., by school directors thereof and use of proceoos for school

purposes_______________________________________________________

Act of March 19, 1898, relat.ing to leases on Hot Springs Reservation____

Act of May 9, 1898, authorizing the Supreme Lodge of the Knights of

Pythias to erect and mairitain a sanitarium and bath house on -the

Government reservation at Hot Springs, Ark___ ____ ___ __ __ __ __ __ ___

Act of I,egislature of Arkansas, approv~d February 21, 1903, ceding

jurisdiction to the United States over a part of the Hot Springs Mountain Reservation_ __ _ _ __ _ _ __ _ _ _ _ __ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ ____

Act of April 20, 1904, conferring jurisdiction upon United States commissioners over offenses committed in a portion of the permanent Hot

Springs Mountain Reservation___ ______ __ __ ___________ ________ ____

Act of March 2, 1907, amending act of April 20, 1904, so as to confer

jurisdiction upon any d,uly appointed United States commissioner

of the eastern district of Arkansas to hear and act upon complaints made

of violations of said acL _ ___ __ _ __ . __ __ _ __ __ __ __ _ __ __ ___ ___ Act of March 3, 1911, amending act of March 2, 1907, so as to refer'to

United States commissioners duly appointed by the district court for

the eastern district of Arkansas instead of to the circuit court of that

district '____________________________________________

219

Page

221

221

222

227

228

229

231

232

232

232

233

233

235

238

238

238

240

240

241

241

241

242

243

241

247
220 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Act of May 23, 1906, changing the line of the reservation at Hot Springs,

Ark., and of Reserve Avenue_____________________________________

Act of April 30, 19Q8,conferring title in fee and authorizing the disposition

of certain lots situate on Hot Springs Reservation to the school district

of Hot Springs, Ark_____________________________________________

Act of March 12, 1910, granting the Hot Springs Street Railway Co. right

to maintain and operate its railway along the southern border of that

portion of Hot Springs Reservation known as Whittington Lake Reserve Park__________________________________________________--------

Act of June 25, 1910, granting land to Hot Springs, Ark., for street purposes ~ ~---------------------------

Act of February 15, 1911, authorizing Hot Springs Masonic Lodge, No.

62, to occupy and construct buildings for use of the organization on

lots 1 and 2, in block 114, in Hot Springs, Ark._____________________

Act of March 2, 1911, 1imiting privileges of Government free bathhouse

on the public reservatlon.at Hot Springs, Ark., to persons who are without and unable to obtain means to pay for baths___________________

Act of June 3, 1912, authorizing I-eo N. Levi Memorial Hospital Association to occupy and construct buildings for use of corporation on lots 3

and 4, block 114, in Hot Springs,

Ark______________________________

Act of August 21, 1912, authorizing the city of Hot Springs, Ark., to

occupy and construct buildings for use of fire department of said city on

lot 3, block 115, in the city of Hot Springs, Ark_____________________

Excerpt from Sundry Civil Act of August 24, 1912, authorizing the lease

of certain premises occupied by buildings of the ArlinJrton Hotel Co. for

not to exceed 20 yee.rs_ ~-

Act of July 8

it 1916, authorizing the furnishing of hot water from hot

springs on ot Springs Reservation for drinking and bathing purposes

free of cost to Leo N. Levi Memorial Hospital Assoeiation___________

Excerpt from Sundry Civil Act of June 5, 1920, authoriz,ing assessment

and collection of reasonable charges from physicians prescribing hot

waters from the Hot Springs Reservatioh_ -- -----------------------

Act of March 2, 1931, regulating the 'prescribing and use of the waters

from the Hot Springs National Park__________-----------------.---

Act of Legislature of Arkansas, approved February 2, 1921, ceding to'1he

United States exclusive jurisdiction over block 82 of the Hot Springs

~rvation----------------------------------------------------

Act of September 18, 19~2, accepting cession by Arkansas of exclusive

jurisdiction over a tract of land within Hot Springs National Park____

Excerpt from Sundry Civil Act of March 4, 1921, changing the name of

Hot Springs Reservation to "Hot Springs National Park"____________

Act of M~ 8, 1922, granting certain lands in ~ot Springs, Ark., to the

Leo N. Levi Memorial Hospital Association________________________

Excerpt from Interior Department approp~ation act of May 24, 1922,

providing that all revenues of Hot Springs National Park shall be

covered into the Treasury to credit of miscellaneous receipts__________

Excerpt from Interior Department appropriation. act of June 5, 1924,

authorizing the acceptance of a tract of land for use in connection with

Ac\h~fHot ~f~~~~: ~ a~~~!::~ka- p~~~~

- M~;~h -i7-,-

1925,-~~i~g -to-the

Uni~tates exclusive jurisdi~fion over a tract of land known as ,the

Automobile Tourist Camp witmn Hot Springs National Park________

Act of March 3,1927, accepting cession by Arkansas of exclusive jurisdiction over a tract of land within Hot Springs National Park_ - - - - - -- - ---

Act of May 29, 1928, authorizing the conveyance of lot 3, in block 115,

in the city of Hot Springs, Ark., to the city of Hot Springs,

Ark________

Act of June 18, 1930, providing for the reconstruction of ~he Army and

Navy Hospital at Hot Springs, Ark n '_________________

Act of June 25, 1930, authorizing the conveyance of certain land in Hot

Springs National Park to the P. F. Connelly Paving CO______________

Act of February 14, 1931, authorizing the acceptance of a tract of land

adjoining the Hot Springs National Park___________________________

Act of February 14, 1931, providing for retention by United States of

Bite within Hot Springs National Park formerly occupied by the Arlington Hotel aQd Bathhouse, for park and landscape purposes________

Act of March 2, 1931, authorizing the Leo N. Levi MelDorial Hospital

Association to mortgage its property in Hot Springs National Park____

Page

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248

248

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252

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255

255

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257

258

258

259

259
LEGISLATION RELATING TO NATIONAL PARKS 221

Excerpt from "An Act Authorizing the governor of the Territory

of Arkansas to lease the salt springs, in said territory, and for

other purposes," approved April 20,'1832 (4 stat. 1S01S}

SEC. 3. .And be it further enacted, That the Hot ~er:fcJ.rings

Springs, in said territory, together with four sections

of land including said springs, as near the centre thereof

as may be, shall be reserved for the future disposal of the

United States, and shall not be entered, located, or appropriated, for any other purpose whatever

An Aot In relation to the Hot Springs Reservation ill. .Arkansas,

approved lune 11, 1870 (18 ~tat. 149)

Be it enacted by the Senate and House of Repr~-entatives of the United States of .America in Oongress assembled, That any person claiming title, either legal or~:.::' :o~miDI equitable, to the whole or any part of the four sections SprlDgII Reservaof land constituting what is known as the Hot Springs ~~t~~~

reservation in Hot Sprin~s countY-1 in the State of :»a9"u':oor

ttl Arkansas, may institute agamst the United States in the samU::se e

Court of Claims, and prosecute to final decision, any suit

that may be necessary to settle the same: Provided, That

no such suits shall be brought at any time after the expiration of ninety days from the passage of this act, and

all claims to any part of said reservation upon which

suit shall not be brought under the provisions of this act

within that time shall be forever barred.

SEC. 2. .And be it further enacted, That all such suits

shall be by petition in the nature of a bill in equity, and

shall be conducted and determined in all respects, ex- Formofsuitsand

I

.

th '

.

d d d

.

h I

howcond'uctfd cept as lerem 0 erwlse provl e , accor mg to t e ru es

. .

and principles of equity practice and jUrIsprudence in

the other courts of the United States; and for the purposes of this act the Court of Claims is hereby invested

with the jurisdiction and powers exercised by courts of :o~'"':~~ equity so far as may be necessary to give full relief in

any suit which may be instituted under the provisions of

this act.

SEC. 3. .Apd be it further enacted, That notice of every Noticeofsuit,

suit authorIzed by this act shall be executed by the delivery of a true copy thereof with a copy of the petition

to the Attorney-General, whose duty it shall be, for and

in behalf of the United States, to demur to or answer

the petition therein, within thirty days after the service

of such process upon him, unless the court shall for good

cause shown grant further'time for filing the same.

SEC. 4. And be it further enacted, That if two or more p~~

parties claiming the same lands under different rights :laf: ~e 'i:nds

shall institute separate suits under the provisions of this rl:ri~~ei.:;t

act, such suits shall be consolidated and tried together, tuI~different

and the court shall determine the question of title and su

grant all proper relief as between the respective claimants as well as between each of them and the United

States.
222 LAWS FOR NAT. PARK SERVICE. PARKS, &; MONUMENTS

If declsionIn SEC. 5. .And be it further en(J£ted, That if, upo.n the

~~~ ofco~~t~final hearing o.f any ca1,Ise pro.vided fo.r in this act, the

appob;treceiver.co.urt shall decide in favo.r o.t the United States, it shall

o.rder such lands into. the po.ssessio.n o.f a receiver to. be appo.inted by the co.urt, who. shall take charge o.f and rent

Dutyofreceiver.o.ut the same fo.r the Uni~d States, until Co.ngress shall

by law direct ho.w the same shall be dispo.sed o.f, whicH

said receiver shall execute a sufficient bo.nd to. be appro.ved

(Somuchofthisby the co.urt, co.nditio.ned fo.r the fa'ithful perfo.rmance o.f

sectionasrelateshis duties as such render a strict acco.unt o.f the manner

~:~~~~ment in which he shall 'have discharged said duties, and o.f all

~J~~1~7~yJ:e mo.neys received by him as a receiver as a-fo.resaid,which

p.222below.) shall be by said co.urt appro.ved 0.1'rejected acco.rdingly

as it may be fo.und co.rrect 0.1'no.t, and pay such mo.neys

into. the treasury o.f the Uni~d States; and he shall

receive such reaso.nable co.mpensatio.n .£0.1' his services

as said co.urt may allo.w, and in case o.f a failure o.f said

receiver to. discharge any duty devolving upo.n him as

such, the Co.urt shall have po.wer to. enfo.rce the perfo.rmance o.f the same bv rule and attachment. But if

If decision In h h 11 d

.

d

. .

f f 1

.

favor of claim- t e Co.urt sa. eCI e In avo.r 0. any calmant, bo.th as

~~ J:~~i~~. against the United Sta~s and o.ther claimants, it shall

so. decree, and pro.ceed by pro.per pro.cess to. put such

successful claimant in po.ssessio.n o.f such po.rtio.n thereo.f

as he may be thus fo.und to. be entitled to., and upo.n the

filing o.f a certified co.py o.f such decree with the SecrePatentto be tary o.f the Interio.r, he shall cause a patent to. be issued issued. to. the party in who.se favor such decree shall be renEltbel'part.ymaydered fo.r the lands therein adjudged to. him: Provided,

~~~~::,,:oCourt.T.h~t either party l}1ay within ninety ?ays afte~ the rendltIo.n o.f any final Judgment 0.1'decree many SUlt autho.rized by this act, carry such suit by appeal to. the Supreme Co.urt o.f th~ United States, which court is hereby

vested with full jurisdictio.n to. hear and determine the

same o.n such appeal, in the same manner and with the

same effect as in cases of appeal in equity causes from

the circuit co.urts o.f the United Sta~s: And provided

further, That in case the judgment 0.1'decree o.f the co.urt

o.f claims in any such suit shall be adverse to. the United

States, the Atto.rney-General shall pro.secute such appeal

within the time abo.ve prescribed; and the taking o.f an Effectof appeal.appeal fro.m any such Judgment 0.1'decree shall o.perate

as a supersedeas thereo.f until the final hearing and judgment of the Supreme Co.urt thereo.n.

An Act In relation to the Hot Springs Reservation in the State of

Arkansas, approved March 3, 1877 (19 Stat. 377)

Be it enacted by the Senate and House of Repl'esentatives of th,e United States of .America in Oongress a8SemAmendssec.5, bled, That so much o.f sectio.n five o.f an act o.f June elev-

~6Stai22Ht, enth, eighteen hundred and seventy, in relatio.n to. the

":'~P'for~ei~~'rHo.t Springs Reservatio.n o.f Arkansas, as pro.vides fo.r-

~frk~,o:e:J':I~'1.s, the appo.intment o.f a receiver by the co.urt, be" and the
LEGISLATION RELATING TO NATIONAL PARKS 223

same is hereby, repealed: P1'oL,ided, That nothing in this

section shall be construed to affect the right of the United Rightsreaen-ed.

States to collect and receive rents already due.

SEC. 2. That it shall be the duty of the President of the

United States 'upon the passage of this act, to appoint

three discreet, competent, and disinterested persons, who

shall constitute a board of commissioners, any two ot Co~on:"

whom shall constitute a quorum, who are hereby author- ~~ri':igsouiese~~

ized to perform and discharge the duties specified by this vation.

act, and for that purpose shall meet at Hot Springs, in

the State of Arkansas, within thirty days after their

appointment, and shall, before entering upon the discharge of their duties, subscribe to the usual oath for

civil officers, and shall, at their first meeting, organize

by the election of one of their number as chairman of

the board, ha:lving given ten days' notice of the time and

place of meeting in some daily paper published at Hot

Springs, which notice shall be continued during the

entire session of said board of commissioners, and all

the evidence herein provided to be taken by said board

shall be taken at Hot Springs.

SEC. 3. That it shall be the duty of said commissioners, Manneroflaying

after examination of the topography of the reservation, outreservation.

to layout into convenient squares, blocks, lots, avenues,

streets, and alleys, the lines of which shall correspond

with the existing boundary lines of occupants of said

reservation as near as may be consistent with the interests of the United States, the following-described lands,

to-wit: The south half of section twenty-eight, the south La d to b

half of section twenty-nine, all of sections thirty-two and included. e

thirty-three, in township two south and range nineteen

west; and the north half of section four, the north half

of section five, in township three south and range nineteen west, situate in the county of Garland, and State

of Arkansas, and known as the Hot Sprin~s Reservation.

SEC. 4. That before making any subdIvision of said

lands, as described in the preceding section, it shall be ::r~pA'::i~~~

the duty pf said board of commissioners, under the direc- reserved.

tion and subject to the approval of the Secretary of the

Interior, to designate a tract of land included in ohe

boundary, sufficient in extent to include, and which shall

include all the hot or warm springs situate on the lands

aforesaid, to embrace, as near as may be, what is known

as Hot Springs Mountain, and the same is hereby resened from sale, and shall remain under the charge of

a superintendent, to be appointed by the Secretary of Superintendent.

the Interior: Pro'vided, however, That nothing in this Special

~

on

section shall preven\. the Secretary of t4e Interior from ~~~rs~ri:;ngs.

fixing a special tax on water taken from said springs.

sufficient to pay for the protection and necessary improvement of the same.

SEC. 5. That it shall be the dutv of said commissioners Dutyofcornto show by metes and bounds on the map herein provided mission.
2-24 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

for, the parcels or tracts of lands claimed by reason of

improvements made thereon or occupied by each and

every such claimant and occupant en said reservation; to

hear any and all proof offered by such claimants and occupants and the United States in respect to said lands

and in respect to the improvements thereon; and to

finally determine the right of each claimant or occupant

to purchase the same, or any portion thereof, at the appraised value, which shall be fixed by said commissioners:

Provided, however, That such claimants and occupants

shall file their claims, under the provisions of this act,

before said commissioners within six calendar months

after the first sitting of the said board of commissioners,

or their claims shall be forever barred; and no claim

shall be considered which has accrued since the twentyfourth day of April, eighteen hundred and seventy-six.

SEC. 6. That the said commissioners shall have power

to compel the at~endance of witnesses and the production

of papers touching the occupancy or improvements of or

on saId lands, or any other matter in any wise belonging

or appertaining either to the said lands or the improvements thereon; shall have power to examine under oath

all witnesses that may come before them, and all testimony shall be reduced to writing, and preserved as hereinafter provided.

SEG.7. That that said commissioners shall have power

Asto ob- to remove, or cause to be removed, all buildin~s or ob- structions.structions upon the said Hot Springs ReservatIOn when

the same may be ,necessary to carry out the provisions of

this act, as also all obstructions to streets, alleys or roads,

to be laid off, straightened or widened as herein provided for.

SEC. 8. That the commissioners shall have power to

:t~~

streets,straighten or widen any of the present streets or alleys

in the town of Hot Springs, and to layoff such additional streets, alleys, and roads ill said Hot Spri~s

Reservation, or in the town, before the sale or disposition of any of the property herein mentioned, as the convenience of the public and the interest of the United

States may require, and for that purpose may condemn

all buildings that they may find necessary to condemn

in order to straighten or widen said streets and alleys,

or to layoff new streets, alleys, and roads, and also all

buildings Qr improvements on the reservation herein

made, and to fix the value on all property thus condemned.

Reportof com- SEC. 9, That it shall be the duty of said commissioners, mission. without delay, to file in the office of the Secretary of the

Interior, the map and survey herein provided for, with

the boundary lines of each claim clearly marked thereon,

and with each division and subdivision traced and numbered, accompanied by a schedule, showing the name of

Powers of commissionAs to witnesses.

Msp.
LEGISLATION RELATING TO NATIONAL PARKS 225

each claimant, and of each lot or parcel of land, the appraised value thereof, numbers to correspond with such

claim upon the map; also all of the evidence taken by

them respecting the claimants' possessory right of occupation to any portion of the Hot Springs Reserva- Evidenceand

tion and their findings in each case; also their appraisal finding.

of each tract or parcel of land, and the improvements Appraisedvalue.

thereon; and it shall be the duty of said commissioners Certificatesto

to issue a certificate to each claimant, setting forth the claimants.

amount of land the holder is entitled to purchase, and

the va-Iuation fixed thereon, and also showing the character and the valuation fixed upon the improvements of

said tract or parcel of land, and to issue a certificate or

certificates to all persons whose improvements are condemned, as herein provided, showing the value of said

improvements.

SEC. 10. That it shall be the duty of the Secretary of Latdsta~ be

the Interior, within thirty days after said commissioners ~~t:~~J.n

file said report and map in his office, to instruct the

United States land officers of Little Rock (Arkansas)

land district to allow said lands to be entered as hereinafter provided, and to cause a patent to issue therefor;

and it shall be the duty of the land officers authorized

to sell said lands to give twenty days public notice in Pub~icnoticeto

the Little Rock and Hot Springs newspapers that said beglVen.

lands are subject to entry in accordance with the provisions of this act.

SEC. 11. That any claimant or occupant, his heirs or Claima,ntsto

legal representatives, in whose favor said commissioners ~~~:r~::tp~

have adjudicated, shall, under such rules and regula- forlands.

tions as the Secretary of the Interim.' may prescribe, have

the sole right to enter and pay for, at the price fixed by

said commissioners, the amount of land the commissioners had adjudged that they were entitled to purchase, at any time within twelve months next after the

land officers give the public notice herein required.

SEC. 12. That upon the failure of any claimant or Onfailureof

occupant in whose favor the commissioners have ad- claimanto pur-

.

d d h I

.

fi . . . chase,property JU ge to pay t e va uatIOn xed upon saId land wIthm to be soldat

the time and in the manner herein prescribed, then said auction.

lands, together with all other lands that no one has an

adjudicat~d right to purchase under this act, shall be

sold, by direction of the Secretary of the Interior, to the

highest bidder at public sale for not less than the appraised value thereof at the land office at Little Rock,

after notice of such sale has been advertised three months

in some newspaper in the town of Hot Springs and in

such other papers as he may designate, said lands and

improvements to be sold together; and the proceeds arising from the sale thereof shall be paid to the receiver

of public moneys at the land office in Little Rock,

Arkansas.
226 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Improvements SEC. 13. That any claimant or occupant who does not

mayberemoved. desire to purchase the lands adjudicated to him or her

at the valuation fixed by said commissioners shall have

the right to remove any improvements made on said

land, at his or her own cost, before the time fixed for the

rayment for said lands.

D!sPOS!1.'iOD of SEo.'14. That the monev arising from the sale of the

proce"ds of sale. 1 d h 11 b

.

d

.

I

u

T

.

an s s a e pal mto t Ie reasury III tIIe same manner

as other moneys arising from the sale of public lands, and

held for the purpose herein specified and at the further

disposal of Congress; and the money arising from 'water

rents shall be under the control of the Secretary of the

Interior, and expended by him for the purposes hereinbefore stated, an account of which shall be annually rendered to Congress, showing the amount received, the

amount expended, and the amount remaining on hand

at the end of each fiscal year.

Marshalto exe- SEC. 15. That the United States marshal for the judicuteprocesses. cial district of Arkansas, in which the Hot Springs lllay

be situated shall execute.all processes required to be executed by this act.

J:~~i~~i~~;:.of SEC. 16. That said commissioners shall hold their offiees

.

for the period of one year from the date of appointment,

and shall have power to employ competent engineers to

make the maps and .surveys herein provided for, at a

reasonable compensatIOn; to employ a stenographer, who

shall also act as clerk, at a compensation of not more than

eight dollars per day, to rent an office and purchase the

necessary stationery; and the compensation of said commissioners shall be ten doJlars per day each, all of which

shall be paid by the Secretary of the Interior upon the

certified vouchers of said commissioners.

SEC. 17. That the right of way be and the same is

hereby, granted to the Hot Springs Railroad Company,

a company duly incorporated and organized under the

laws of the State of Arkansas, to construct, maintain,

and operate its line of railroad upon, over, and across

the Hot Springs Resenation in the State of Arkansas,

as follows:

Routeofrailway. Commencing on the east line of the south half of section thirty-three, in township two south of the base line,

in range nineteen west of the fifth principal meridian,

in the county of Garland. and State of Arkansas, at a

point about six hundred feet from the southeast corner

of said section; thence running up a ravine parallel to

and south of the Benton wagon road, westwardly

through said section, to a point where the same will

intersect with the Malvern stage road at a point south of

the graveyard on said Reservation.

Widthof grant. SEC. 18. The right of way hereby granted shall consist of a strip of land fifty feet wide on each side of said

railroad, measured from the centre line thereof, from

the point on the east line of said section of land where

Water rents.

Hot Springs

Railroad Co. to

have right of

way.
LEGISLATION RELATING TO NATIONAL PARKS 227

said railroad enters the same to the terminus of the track

of said road: Provided, That said railway company may

purchase upon the same terms as individuals land for

shops, depots, and other purposes, not exceeding twenty Landforshops,

acres: P1'ovided, lwwever, That Congress may at any ~;~vi80.

time alter, amend, 01' repeal this section.

SEC. 19. That a suitable tract of land, not exceeding La~~.forpublic

five acres shall be laid off by said commissioners, and the t~~)~~fc~~nty.

same is hereby granted to the county of Garland in Prov..o.

the State of Arkansas as a site for the public building

of said county: Provided, That the tract of land hereby

granted shall not be taken from the land reserved herein

for the use of the United States.

An Act To correct an error of enrollment hi bill making appropriations for sundry civil expenses of the Government for the :fiscal

year ending June thirtieth, eighteen hundred and seventy-nine,

and for other purposes, approved December 16, 1878 (20 Stat. 258)

Be it enacted by the Senate and House of Representatives of the United States of A171e1ica in Congress assembled, That the sum of twenty-seven thousand five hUIldred dollars, or so much thereof as may be necessary, is

hereby appropriated to pay for clerk hire, engineering,

marshal's fees, salaries, and other expenses of the Hot H t S I

Springs Commission; and the President of the United ~mmf.';.i~~~

States be, and he is hereby, authorized to appoint with Appcintment.

the advice and consent of the Senate, three discreet, competent, and disinterested persons, who shall constitute a

board of commissioners, any two of whom shall constitute a quorum, who shall hold their offices for the pe:riod Termof omce.

of one year from the date of their appointment, and shall

have the same powers and authority in all respects as

was provided for the commissioners appointed under the

act of Congress approved March third, eighteen hundred

and seventy-seven, entitled "An act in relation to the ~:e ~~ai22~77.

Hot Springs reservation in the State of Arkansas";

which act is hereby revived and continued in full force

for the purpose of enabling said board of commissioners

to take possession of all records, papers, and proofs, and

to determine the claims presented to the board of commissioners appointed under said act, whose term of office

has expired, and to do and perform all other acts and

duties authorized by said act. And the Secretary of the

Interior is hereby directed to lease to the present proPrietors of the Arlin gton Hotel or their assi gn s the Arlington Hotel

. . grounds. grounds, not exceedmg one acre, now occupIed by them,

for a period of ten years, unless otherwise provIded by

law, at an annual rental of one thousand dollars. And

he is further directed to lease the bathhouses of a per- Bathhouses.

manent nature now upon the Hot Springs Reservation to

the owners of the same, and lease to any person 01' persons upon such terms as may be agreed on, sites for the

building of other bathhouses for the term of five years,

unless otherwise provided by law, under such rules and
228 LAWS FOR NAT. PARK SERVJCE, PARKS, & MONUMENTS

regulations as he may prescribe; and the tax imposed

shall not exceed fifteen dollars per tub per annum, including land rent: Provided, That said leases shall in no

way prejudice any legal right that any person or persons

may have acquired under the act hereby revived and continued, to any improvements on said ground: And pro-

=t to bath. vided furthe?', That to prevent monopoly, no bathhouse

(Amendedby 88or hotel shall be supplied with more than enough water

~~a2~n~OW~)for forty bathtubs of the usual size, unless there shall be

more than enough hot water to supply all other demands

for the same, in which case no single establishment shall

be allowed more than forty bathtubs of the usual size:

And provided further, That the superintendent shall

provide and maintain a sufficient number of free baths

for the use of the indigent, and the expense thereof shall

be defrayed out of the rentals hereinbefore provided for.

Fractionsoflots. In cases where fractions of lots are made by straightening, widening or laying out streets, the commissioners

shall have power to determine the disposal of the same,

giving the preference to the owners of abutting lots:

CoDdftioDII of Provided, That all titles given or to be given by the titles. United States shall explicitly exclude the right to the

purchaser .of the land, his heirs or assigns, from ever

boring thereon for hot water; and tqe Hot Springs, with

the reservation and mountain are hereby dedICated to the

United States, and shall remain forever free from sale

or alienation. (U.S.C., title 16, sec. 361.)

TaL

Free baths.

An Act To amend an act approved December sixteenth, eighteen

hu~dred and seventy-eight, and to authorize the Secretary of the

Interior to grant additional water rights to hotels and bathhouses at Bot Springs, Arkansas, and for other purposes, approved Apr1l12, 1904 (33 Stat. 173)

Be it enacted by tM Senate and House of Rep1'esentatives of the United States of America in Congress asBott~prmr:-es- sembled, That the provisions of the Act entitled "An

~iero~rivi'ieges Act to correct an error of enrollment in bill making apexteucled. .. f d

. .

Vol.20,p.258, proprlatlOns or sun ry CIVI1 expenses 0f th e Govern-

~e~~. Beep. ment for the fiscal year ending June thirtieth, eighteen ve. hundred and seventy-nine, and for other purposes," approved December sixteenth, eigl)teen hundred and seventy-eight (Twentieth Statutes at Large, page 258), be,

and the same is hereby, amended by strIking out the second proviso of the same and inserting in lieu thereof

the following:

f~~oio number "And provided further, That the Secretary of the Inofbath~b8 terior be, and he is hereby, authorized to grant to hotels

remove. having bathhouses attached, and to bathhouses situated

on the Hot Springs Reservation, as well as in the city of

Hot Springs, Arkansas, the right to install, maintain,

and use, either in said bathhouses or in connection with

the rooms of said hotels or the bathhouses attache,d to

said hotels, as many bathtubs as in his discretion he
LEGISLATION RELATING TO NATIONAL PARKS 229

may deem proper and necessary for the public service

and the amount of hot water will justify." (D.S.C., title

16, sec. 361.)

An Act For the establishment of titles in Hot Springs, and for

other purposes, approved ;June 18, 1880 (21 Stat. 288)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That any person, his heirs or legal representa- ~ds~~:..a~d_ tives, in whose favor the commissioners appointed under judtcatedbythe

the acts of Congress of eighteen hundred and seventy- commissioners.

seven and eighteen hundred and seventy-eight, relative

to the Hot Springs of Arkansas, have adjudicated, shall Soleri,fhtof enhave the sole right to enter and pay for the amount of ~';;,.:~el:~e;!

land the commissioners may have adjudged him entitled ::t a~e:s~perto purchase, within eighteen months next after the ex- valuefor18

piration of the notice required by the tenth section of the ti:ths afterDOact of Congress of M:rrch third, eighteen hundred and

seventy-seven, to be given l:>Ypaying to the receiver of

public moneys at the land office in Little Rock, Arkansas,

forty per centum of the assessed value of said land as

placed thereon by said commissioners; and that such assessments be reduced to that extent: and that in any

cases where any church or church association has been

adjudged entitled to purchase land it may do So by paying five dollars per lot.

SEC. 2. That the certificates (except certificate Num- Oe~l1Ica~(exber one hundred and sixty-two, issued to Samuel H. ~eII)emade

Stitt, De Witt C. Rugg, and Samuel W. Fordyce for ~=:"sb~Jo~urtwenty-two thousand dollars, which exceptions shall not fhaaemoneytor

prejudice the rights of the United States or the holders B":rt~nR~_

of said certificate), issued for condemned buildings by tlon.

said commissioners be made receivable for the amounts

named therein as so many dollars lawful money of the

United States in the entry and purchase of the lands

that may be sold in the Hot Springs Reservation, and

that such certificates be assignable, and when assigned

in the presence of two subscribing witnesses or the execution of the assignment thereof shall have been acknowledged before a court of record or clerk thereof, the

land officers in like manner shall receive them from the

assignee in payment of lands purchased by himself or

others; and in case the amount of the certificate presented and received at such land-office shall exceed that

necessary to make the purchase and entry desired, there

shall be executed by the register and receiver, and delivered to the person from whom the same is received,

a certificate giving the number of the original, the date

and amount thereof, the balance due such person thereon,

and the certificate thus issued shall be assignable and receivable in like manner as the original, and in all cases

where such certificates are issued the register of the land
230 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

office shall certify on the original certificate taken up,

the number of the lots purchased therewith,'and the price

thereof.

Yountainou~'. SEC. 3. That those divisions of the Hot Springs Res- distrl~tdivIsIons .

k h

.

d" d

.

definedandd~l- ervatlOn, nown as t e mountaInous lstncts, not 1-

~:e~r~er.ubhc vided by streets on the maps made by the commissionersl

but known and defined on the map and in the report 01

the commissioners as North Mountain, West Mountain,

and Sugar Loaf Mountain, be, and the same are hereby

forever reserved from sale, and dedicated to public use

as parks, to be known, with Hot Springs Mountain, as

the permanent reservation.

f':':~~Zd by 81 SEC. 4. That whenever the town of Hot Springs shall

Stat.28. Seep. procure elsewhere a suitable burying ground and shall 281.)

cause the bodies now buried in the cemetery lot, within

the limits of said town, to be decently removed and reinterred, the title to said cemetery lot shall vest in the corporation of said town, to be held and used forever as a

town or city park, and not otherwise.

~~~~a~~tg~r~~~ SEC. 5. That the Secretary of the Interior is hereby

ft>designatesix authorized to designate six lots from the unawarded

lots for Schools. d h H S

. R

.

groun s on t e ot prmgs eservatlOn for t h e use af

the common schools of the corporation of the town of

Hot Springs, as sites for schoolhouses, and the lots when

so designated are hereby dedicated to the use of common

schools, and shall be used, controlled, and managed by

the common-school officials of the district in which they

may be located for such purposes only. The Secretary

BaptistChurch.of the Interior is also authorized to convey to the Baptist Church of Hot Springs, whose church edifice was

destroyed by fire, a suitable lot of ground not exceeding

one-eighth of an acre from that portion of the Hot

Springs Reservation laid off into lots and blocks, and

forming part of the town site but not awarded to any

claimants and not otherwise disposed of by this act

said conveyance to be on cQl1sideration of the payment

of a sum equal to ten dollars per acre for said lot.

St t rts SEC. 6. That the streets, courts, and alleys and other

an~eearie;~ed~thoroughfares of the town of Hot Springs, as surveyed,

~:.:~~~~n

or opened, or established by the commissioners and repreSprings,Ark. sented on the map of said town, and not included in the

permanent reservation, be, and the same are hereby,

ceded to the corporation of the town of Hot Springs for

public use: Pro-vided, however, that nothing in this act

shall be so construed as to impair the rights or equities

conferred upon claimants to said land by an act of Congress approved March third, eighteen hundred and seventy-seven, and an act approved December sixteenth

eighteen hundred and seventy-eight, in relation to the

Hot Springs Reservation in the State of Arkansas.

RemallJdersof SEC. 7. That that portion of the Hot- Springs Reser-

~:'ksl~~tadi~. vation laid off into lots and blocks and forming part of
LEGISLATION RELATING TO NATIONAL PARKS 231

the town site but not awarc1ec1 to anv claimants and not posedof or re-

. .

'

..

- .

,

served,to be sold otherWIse dIsposed of or reserved bv thIs act. shall be at publicauction

II bl'

,

h h' h t

-

b' dd

.

1

at not less than ;':0e at pu IC auctIOn to t e Ig es I er, at Rot ess appraisedvalue.

than its appraised value, to be made from time to time,

at the discretion and under the direction of the Secretary of the Interior, and after public notice in the usual

way in the sale of public lands; and the money arising

from' said sales, as well.as any money paid in under section one of this act, shall be held as a special fund for

the improvement and care of the permanent reservation

at Hot SprinO's and of the Hot SprinO's Creek adjacent Dispoaitionof

I b

b

h

b.

d f h

proceeds of sale, to ane etween t e permanent reservatIOns, an or t e

maintenance of free baths for the invalid poor of the

rnited States, as provided by acts of Congress.

An Act To amend section four of the Act of Congress approved June

sixteenth, eighteen hundred and eighty, granting to the city of

Hot Springs, Arkansas, certain lands as a city park, and for

other purposes, approved February 10, 1900 (31 Stat. 28)

Be it enacted by the Senate and House of Representatives of the United States of Ame1,ica in Oongress assembled. That section four of the Act of Congress approved HotSprings,Ark,

June sixteenth, eighteen hundred and eighty, granting

to the city of Hot Springs, Arkansas, a parcel of land

known as the cemetery lot for a city park only, be

amended so as to read as follows:

;; That whenever the city of Hot Springs, Arkansas, ~eI~~~~:

shall relinquish to the United States of America allnanted to,etc.

. .

h

.

1 d

.

' d

' h f 11 '

Vol 21, p, 288. ItS ng t, tIt e, an mterest m an to t e 0 owmg_ Seep,230,

described lot or parcel of land, being a part of said cemetery lot, but which is now described in the plats and surveys of said city as lot sixteen, block seventy-eight, towit: Commencing at the southwest corner of the said

city park, in block seventy-eight of the Hot Springs Reservation, and formerly known as cemetery lot, and running thence easterly along the north line of Benton

street one hundred and fifty feet; thence northerly two

hundred and thirty-five feet to a point on the north line

of said park one hundred and fifty feet easterly of the

northwest corner thereof; thence to said northeast corner: thence along the west boundary line of said park

two hundred and sixty-two and seven-tenths feet to the

point of beginning, the same being a part of said lot

sixteen, in block seventy-eight aforesaid, which is hereby

reserved by the United States as a site for the public

building provided for by Act of Congress approved Vol.80,p. 983.

~Iarch second, eighteen hundred and ninety-nine, the

right and title of the United States to all the remaining

palt of said cemetery lot, now known as lot sixteen, in

block seventy-eight, shall vest absolutely in the city of

Hot Springs,-Arkansas, for city park, city building, auditorimn, or other public purposes."
232 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Excerpt from ",An Act Making appropriations for the support of

the Army for the fiscal year ending 1une 30, 1883, and for other

purposes," approved 1une 30, 1882 (22 Stat. 121)

* *

* * *

Establishment of Provided That one hundred thousand dollars be and

Armv and Navy h b

.' .

d f h

.

hospitalat Hot ere y IS, appropriate or t e erectIOn 0f an Armyan' d

Springs,Ark. Navy hospital at Hot Springs, Arkansas, which shall be

erected by and under the direction of the Secretary of

,,:--ar, in accordance with plans and specifications to be

prepared and submitted to the Secretary of War by the

Surgeons-General of the Army and Navy; which hospital, when in a condition to receive patients, shall be

subject to such rules, regulations, and restrictions as shall

be provided by the President of the United States: Provided fU1'the1', That slJch hospital shall be erected on the

government reservation at or near Hot Springs, Arkansas.

* * * * *

An Act To authorize the sale of certain lots in the city of Hot

Springs, Arkansas, to the Woman's Christian National Library

Association, approved July 8, 1882 (22 Stat. 155)

Sale n! lots at Be it enacted by the Senate and House of RepresentHot Springs t

.

f

th U

.

t d St te f A

. .

Ark.toWo~an'sawes 0 e n~ .e a s 0 menca ~n 0ongress

Chri;tianNa. assembled, That the Woman's Christian National Library

tional Library A

.,.

Association. d d h I f h S f

.

ssoClatlOn, InCOrporate un er t e aws 0 t e tate 0

Arkansas, be authorized and entitled to enter and purchase

within six months next after the passage of this act, for

the uses and purposes of such association, lots numbered

eleven and twelve in block numbered one hundred and

twenty-siwen, in the city of Hot Springs, Arkansas, now

subject to sale under the direction of the Secretary of the

Interior, by paying to the receiver of public moneys, at the

land office at Little Rock, Arkansas, the assessed value of

said lots as placed thereon by the commissioners appointed

under the acts of Congress of eighteen hundred and

seventy-seven and eighteen hundred and seventy-eight.

19 Stut. 377.

See p. 222.

20 Stat. 258.

S.. p. 227.

Joint Resolution To authorize the use of hot water oft the Government Reservation at Hot Springs, Arkansas, approved March 3,

1887 (24 Stat. 647)

Resoh'ed by the Senate and House of Representatives

of the United States of America in Oongress assembled,

HotSprings,Ark.That the Secretar y of the Interior be and he is hereb y

Hot water to be, , .

suppliedto bath. authorIzed to contInue to furmsh to the bathhouses 10-

bouses off the d if th t t' t H t S

.

reserntion, cate 0 e permanen reserva lOn a 0 pnngs,

Arkansas, a sufficient amount of hot water for drinking

. and bathing purposes: Provided, That furnishing such

~~~t'~~' interferebathhouses shall in no way interfere with the supply of

~ith Army.and hot water necessar y for the use of the Arm y and Nav y

Navy Hospital .

supply. Hospital, and for the bathhonses located upon the permanent reservation subject to any further action of Congress on the subject.
LEGISLATION RELATING TO NATIONAL PARKS 233

10int Resolution To enable the Secretary of the Interior to utilize

the hot water now running to waste on the permanent reservation at Hot Springs, Arkansas, and for other purposes; approved

March 26, 1888 (25 Stat. 619)

Resolved by the Senate and House of Representatives

of the United States of America in Congress assembled,

That the Secretary of the Interior be, and is hereby,

authorized and directed to utilize the hot water upon

the reservation at Hot Sprin~s, Arkansas, not necessary ~~~e~P~~B'::k. for the Army and Navy HospItal, the bathhouses erected fur~i~hedthree

and to be erected Up on said reservation and the bath- addltlonalbath-

, housel1.

houses now erected and furnished with hot water by

authority of the Secretary off said reservation, by permitting its use by not exceeding three bathhouses to be

erected by individuals below and off said Hot Springs

Reservation (the expense of obtaining said water to be

borne by the proprietors of said bathhouses), said water

to be furnished under the same restrictions and regulations as now govern the supply of hot water furnished

to the bathhouses above and off said reservation, and Rent.

that the water rents for all bathhouses be increased to

thirty dollars per tub per annum: Provided, That the Proviso.

new bathhouses which may be so erected shall not be Newhousesnot

d t 11 d b

tl> be owned by owne or con 1'0 e y any person, company or corpo- personsinterration , which may be the owner or interested in an y other ested in hO

t

~ses

. . on fl'serva Ion. bathhouse on or near the Hot Sprmgs ReservatlOn; and

if the ownership or control of any such bathhouse be

transferred to any person or corporation owning or interested in any other bathhouse on or near said reservation, the Secretary of the Interior shall, for that cause,

deprive said bathhouse of the hot water, and also any

other bathhouse in which any such person or corporation shall be interested and shall cancel any lease from

the United States which any such person or corporation

may hold or be interested in.

An Act Granting the right of way for the construction of a rail.

road through the Hot Springs Reservation, State of Arkansas,

approved October 19, 1888 (25 Stat. 809)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled, That the right of way is hereby granted to MountainView

h M

. V.

R

.

1 C f H S

. Railway Co

t e ountam lew al way ompany, 0 ot prmgsl granted right of

Arkansas, incorporated under the laws of the State 01 W

s

ay;throu

R

gh Hot

A k be ,' t h

.

f h 1

.

f

prmgs ejervar ansas, gmmng a sue pomt east 0 t e me 0 tlon,Ark.

the bathhouses, between the Army and Navy Hospital

and the Arlington Hotel as the Secretary of the Interior may approve, thence by the most eligible route to

the east line of Hot Springs Mountain, thence westerly

down North Mountain and West Mountain to the west

line of reservation.

SEC. 2. That the right of way hereby granted shall ~Idth.f

,(:

not exceed thirty feet in width, and no part of the right no~~o\e"~b~r

of way herein granted shall in any way interfere with structed.
or obstruct the full flow of the hot waters, or be so

located as to cause the United States GoverI1ment, or

any citizen thereof, any expense of any kind or character, save and except the projectors of said road, its

heirs and assigns.

~& tgi:.e~~e SEC. 3. That it shall be the duty of the United Staws

Government's superintendent of the Hot Springs Reservation to see that said railway, to be constructed under

this act, shall not obstruct or in any manner interfere

with the springs, hot-wawr pipes, roads or paths now

existing or contemplated to be located upon said reservation, but it shall be made safe and secure for the

pleasure, comfort, and edification of the patrons of the

Munidpalrightssame, and used for the conveyance of passengers only.

una1fected. SEC. 4. That nothing in this act shall be so construed

as to abridge the right of the city government of Hot

Springs to control and regulate the privileges of the

Mountain View Railway where the same may cross

Central Avenue in said city. Observatories. SEC. 5. That the Mountain View Railway Company

shall have the right to construct observatories at different eligible locations in the vicinity of the right of way

hereby granted, at such points as the Secretary of the

Interior may approve.

SEc. 6. That said observatories shall not exceed thirty

feet ~quare at foundation, and to be built in good and

safe manner, and that no timber shall be cut upon the

mountain, or earth or rock blasted or removed", or the

Construction, surface of the ground in any way defaced, except upon

the actual roadbed of the said way, and no blasting shall

be done on Hot Springs Mountain except as authorized

by the Secretary of the Interior; and that the right of

way hereby granted shall be used for the purposes herein

mentioned and none other: Provided, That this grant

shall not be construed to abridge the authority of the

Secretary of the Interior over the portion of the reservation included in the right of way.

Mapto be filed SEC. 7. That said company shall cause a map showing

:lt~eS~~~~~. the proposed route of its line through the reservation to

be filed in the office of the Secretary of the Inwrior, and

said location shall be approved by the Secretary of the

Interior before any grading or construction on any part

of the line shall be begun, and the right of way shall be

lost and forfeited unless the road is completed and in

running order within three years after the pas sag? of this

act: Provided, That this condition as to construction

within three years shall be construed as a condition precedent to the grant herein made and in case of failure to

so complete said road as provided, such failure shall,. of

itself work a forfeiture of all rights hereunder.

SEC. 8. That the company or its assignees to whom

this right of way is granted, shall annually pay to the

234

ProVi8o.

Authority of

Goverrunertt not

abridged.

\:ompletion.

PrONG.

Forfeiture.

Taxes.

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS
LEGISLATION RELATING TO NATIONAL PARKS 235

Government of the United States for the improvement

of the permanent reservation at Hot Springs, Arkansas,

three per centum of its gross earnings. And Congress

hereby reserves the right to at any time amend, add to, Amendment.

alter, or repeal this act.

An Act To regulate the granting of leases at Hot Springs, Arkansas, and for other purposes, approved March 3, 1891 (26 Stat.

842)

Be it ena.cted by the Senate and House of Repre8entatives of the United States of .America in Oongress

assembled, That the Secretary of the Interior is hereby :ot ~~~i1~

authorized and empowered to execute leases to the bath- ~I~~ IWIJ"lease

houses and bathhouse sites on the permanent reservation bathhouses, etc.

at Hot Springs, ArkaJ;lRas, for periods not exceeding

twenty years, and at an annual rental of nqt less than

thirty dollars per tub for each tub used in any bathhouse. Said annual rental shall be payable quarterly Payment.

in advance, at the office of the Government Superintendent of said property, in Hot Springs, Arkansas:

Providedl That the same rate for water rent shall be ~:;::O:~nt

charged tor the water to all parties receiving the same,

whether .on or off the permanent reservation: Provided,

That after the Army and Navy Hospital bathhouse,

the public bathhouse, the bathhouses which are now or

may hereafter be authorized on the permanent reservation, the Arlington Hotel, and the bathhouses off the

permanent reservation now authorized to be supplied Surpluswater.

with hot water, in the order herein named, if there shall

still be a surplus of hot water the Secretary of the

Interior may, in his discretion and under such regulations as he may prescribe, cause hot water to be furnnished to bathhouses, hotels, and families off the permanent reservation: Provided, That such bathhouses,

hotels, and families shall cause all connections for ob- Connections.

taining such hot water to be made at their own expense:

Provided, That all water furnished to any hotel or

family for other use than bathing shall be paid for at Rates.

such reasonable price, as shall be fixed by the Secretary

of the Interior: Provided further, That the Secretary

of the Interior shall at the expiration of each period of

five years during the continuance of each lease made Readjustment of

hereunder readjust the terms and amounts of payment =after 6

provided for therein as may be just, but not less than

the minimum herein provided. (U.S. C., title 16, sec.

362.)

SEC. 2. That the Secretary of the Interior is hereby

authorized to execute a lease of the Arlington Hotel siteI::s~o~ Arllog.

at Hot Springs, Arkansas, to the present lessees for a

period of twenty years, and at an annual ground rent

of two thousand five hundred dollars, for the first five

years thereof, and at the end of said period of five years, R t.

and of each period of five years thereafter, he shall

en
236 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

readjust and fix the compensation to be paid during the

ensuing five years, but not less than that hereinbefore

provided for.

~:rir:rta:l~k~n. SEC. 3. That all power now possessed by the Secre-

~regulations. tary of the Interior for the regulating of leases of bathhouses, bathhouse privileges, or hotel rights on the reservation, or as to supplying hot water to places off the

reservation, is hereby retained arid continued in him; and

full power is vested in the. Secretary of the Interior to

provide, in all leases to be executed against any combination among lessees or their assigns, as to ownership,

prices, or accommodations at any bathhouse; full power

is also vested in him to make all needful rules and regulations as to the use of the hot water, and to prevent its

waste, including full power to authorize the superintendent of the -reservation to make examination and inspecUseof water. tioI1 at any time of the manner of using the hot water

at any bathtub, that it may be used in proper quantity

only, and to prevent its waste; and also full power to

provide and fix reasonable maximum charges for all

baths, or bathing privileges, or services of any person

connected with any bathhouse furnished to bathers; and

for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the Secretary of the

Interior may make all necessary rules and regulations

as to said bathhouses and the service therein as shall be

deemed best for the public interest, and to provide penalties for the violation of any regulation which may be

Leases subject to

e

l

nforced

d

as though

f h

Provided by. 8;c

l

t of, C

h

on

ll

g

b

res

h

s.

ld

All

regulations. eases an grants 0 ot-water PrlVI eges s a e e to

be subject to all regulations now in force or which may

be hereafter adopted by the Secretary of the Interior,

and for any violation of any regulatIOn, known to the

proprietor at the time of the offense, the lease or grant

ProvisionsIn may be canceled by the Secretary of the Interior. It leases. shall be expressly provided in all leases and grants of

privileges for hot water that the bathhouse for which

provision is made shall not be owned or controlled by

any person, company, or corporation which may be the

owner of or interested (as stockholder or otherwise) in

any other bathhouse on or near the Hot Springs Reservation; that neither the hot-water privilege granted nor

any interest therein, nor the right to operate or control

said -bathhouse, shall be assigned or transferred by the

party of the second part without the approval of the

Secretary of the Interior first obtained, in writing; and

if the ownership or control of said bathhouse be transferred to any person, company or corporation owning

or interested in any other bathhouse on or near said reservation, the Secretary of the Interior may, for that

cause. deprive the bathhouse provided for of the hot

Buildings subject t

' d 1 th 1 t All b

.

ld '

toapproval. wa er an cance e ease or agreemen . Ul lngs

to be erected on the .reservation shall be on plans first

Chargee.
LEGISLATION RELATING TO NATIONAL PARKS 237

approved by the Secretary of the Interior, and shall be

required to be fireproof, as nearly as practicable. (U.S.C.,

title 16, sec. 363.)

SEC. 4. That the Secretary of the Interior, before exe- Investigationto

cuting any lease to bathhouses or bathhouse sites on the determineIf per.

.

' f h f h

sons are interest. permanent reservatIOn or contracts or t e use 0 ot ed In morethaI'

water for bathhouses off the permanent reservation, onebathhouse.

may make due investigation to ascertain whether' the person, persons, or corporation applying for such lease or

contract are not, d.irectly or indirectly, intereste4 in any

manner whatever m any other bathhouse lease, mterest,

or privilege at or near Hot Springs, Arkansas, or

whether he or they belong to any pool, combination or

8.8sociation so interested, or whether he or they are members or stockholders in any corporation so interested, or,

if a corporation, whether its members or any of them are

members or stockholders of any other corporation or association interested in any other bathhouse, lease, interest,

or privilege as aforesaid, and in order to arrive at the

facts in any such case he is authorized to send for persons

and papers, administer oaths to witnesses, and require

affidavits from applicants; and any such person making

a false oath or affidavit in the premises shall be deemed

guilty of perjury, and, upon conviction, subject to all the

pains and penalties of perjury under the statutes of the

United States; and whenever, either at the time of leasing or other time it ap'pears to ~he satisfaction of the said Forfeiturefor Secretary that such mterest m other bathhouse, lease, pooling,etc.

interest, or privilege exists, or at any time any pool or

combination exists between any two or more bathhouses

or he deems it for the best interests of the management

of the Hot Springs Reservation and waters, or for the

public interest" he ,may refuse such lease, license, permit,

or other privilege, or forfeit any lease or privilege wherein the parties interested have become otherwise interested

as aforesaid. (U.S.C., title 16, sec. 364.)

SEC. 5. That the consent of the United States is here- I f

b

.

f h t t

.

d th h

.

f h

Tant on 0 per. y gIven or t e axa lon, un er e aut orlty 0 t e sonslproperlY

laws of the State of Arkansas applicable to the equal underStatelaw.

taxation of personal property in that State, as personal

property of all structures and other property in private

ownership on the Hot Sprj.ngs Reservation. (U.S.C., title

'16, sec. 365.)

SEC. 6. That the authority heretofore conferred upon

the Secretary of the Interior to collect the hot water upon ~V;tlon of

said reservation shall be so construed as to require water

to be collected only where such collection is necessary for

its proper distribution, and not where by gravity the

same can be properly utilized. (U.S.C., title 16, sec. 366.)

SEC. 7. That the Secretary of the Interior may direct Sale"f lots

the public sale of all unsold Government lots on the Hot authorized.

Springs Reservation, and not now permanently reserved

at the city of Hot Springs, after having had the same
238 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

reappraised, and also advertised as now required by law,

and no lot shall be sold at less than the appraised price.

(D. S. C., title 16, sec. 367.)

SEC. 8. Nothing in this act shall be so construed as to

H t I

prevent the stocKholders of any hotel from operating a

at~b:Jili~~;r. bathhouse in connection with such hotel as a part

thereof. (D.S.C., title 16, sec. 368.)

An Act To include lot numbered :fifty-three in block eighty-nine,

at Hot Springs, Arkansas, in the public reservation at that place

approved June 22, 1892 (27 Stat. 58)

Be it enacted by the Senate and House of Representatives of the United States of America Vn Oongress

assembled, That lot numbered fifty-three in block

HotSprings,Ark. eighty-nine, of the town of Hot Springs, in the State

of Arkansas, as surveyed and laid out according to an

act of Congress approved March third, eighteen hundred and seventy-seven, under the direction and supervision of the Hot Springs Commission, be, and the same

is hereby, reserved from sale, and the same is hereby

~'r'~7a~f~ko~9 declared to be a part of the permanent public reserva- Vol.i9, p. 877:tion at Hot Springs, and that it shall be subject to the Seep.222.

same laws, rules, and regulations that apply to said

permanent reservation as now defined.

An Act To grant lot numbered one in block numbered seventy-two

of the Hot Springs Reservation to the school district of the city

of Hot Sprin'gs for school purposes approved July 14, 1892 (27

Stat. 174)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress

~~ ~D~ f:rk.assembled, That lot numbered one in block numbered

school. seventy-two of Hot Springs Reservation be, and the

same is hereby granted and conveyed to the school district of the city of Hot Springs, Arkansas, for school

purposes.

An Act Granting the right of way for the construction of a railroad and other improvements over and on the West Mountain of

the Hot Springs Reservation, Hot Springs, Arkansas, approved

December 21, 1893 (28 Stat. 21)

Be it enacted by the Senate and House of RepresentaHotSprings,Ark.tives of the United States of America in 0 ongress asRightof w:lc; sembled, That the right of way forty-five feet in width,

t;.';:'t':~ oW'upon which to construct, equip, operate, and maintain a

&Iter et X

.

railroad with one or more tracks, is hereby granted to

George W. Baxter, John D. Ware, Leslie Webb, and

George M. Baxter, their associates and assigns, upon and

over that part of the Hot Springs Reservation known as

the West Mountain, as follows: Com!llencing at a point

on first line marked A1 seven feet east of the line marked

M on Government plat survey, eighteen hundred and

ninety-two, for topography; thence by a route to be approved by the Secretary of the Interior to the boundary

Location.
LEGISLATION RELATING TO NATIONAL PARKS 239

line of said West Mountain reservation, or as near thereto as shall be necessary, but the said railroad shall not obstruct any highway contemplated by the plans fpr the

improvement of the Government reservation of Hot

Springs, Arkansas, and the said grantees shall, by the

erection and permanent maintenance of substantial iron

bridges with closed beds and sides, or by means of tunnels, avoid rendering the crossings dangerous to passengers on the said highways, either in conveyances or o.n

foot: Provided, That such road so constructed and thIS ::'"..::ft~grants

grant shall not interfere with any grant within such not affected.

reservation heretofore made.

SEC. 2. That the said Darties or their assigns shall

cause to be made an accurate map and profile of the 10- S

d 1

.

f

.

d

.

1

.

h h

.

fi t

.

f th ecretary of In. cate me 0 Sal ral way WIt t e speci ca IOns or e teriortoapprove

construction thereof, and the same shall be approved plans,etc.

by and filed with the Secretary of the Interior before the

construction of said railroad shall be commenced. The Supervision.

Secretary of the Interior shall have the supervision and

control over the location and construction of said rail. C I ti road, which must be built and put in running order to the ompeon.

top of said mountain within two years from and after

the passage of this Act. Each of the conditions in this

section shall be construed as a condition precedent to .

the grant herein made, and a failure to comply with any ForfeIture.

of them shall of itself work a forfeiture of the rights

hereby granted. .

SEC. 3. That the said parties or their assigns shall have :~f~.~t~rect

the privilege of erecting on said .West Mountain observatories, hotels, and such other buildings as may be considered by the Secretary of the Interior desirable for the

accommodation of the public, and for such purposes, and

for laying off and beauti£:ying a park surrounding or adjacent to such buildings the said parties or their assigns Lends ted

are hereby J?rivileged to use five acres of ground upon

gran.

said mountam, they agreeing to build upon and beautify

the same at their own expense. A survey and plat of

the grounds to be used for the purposes herein mentioned

shall be first submitted to the Secretary of the Interior,

and approved by him before any improvements shall be

begun upon said land. Plans for all buildings shall be ~~~~~ ~rthe

submitted to and approved by the Secretary of the Interior.

Interior.

SEC. 4. That the said parties are to pay semiannually Yearlypayment.

to the Interior Department, on account of the fund for

the improvement of the permanent Hot Springs Reservation, the sum of two pE'r centum of the gross annual

earnings of said railroad and buildings and grounds.

SEC. 5. That all tolls, charges, or income received Chargesetc

under or by reason of this grant shall be subject to the'

.

approval of the Secretary of the Interior, who shall from

time to time prescribe rules and regulations for the management of said property.
240 LAWS FOR XAT. PARK SERVICE, PARKS, & MONUMENTS

Amendments. etc. SEC. 6. That Congress 'reserves the right to at an~'

time alter, amend, change or repeal the rights and privileges hereby conferred.

An Act Granting the use of certain lands in the Hot Springs Reservation, in the State of Arkansas, to the Barry Hospital, approved

June 21, 1894 (28 Stat. 95)

Be it erulCted by the Senate and House of Representatives of the United States of America in Oongress

assem.bled, That there is hereby granted to the Barry

H t S ringsAIf Hospital of the city of Hot Springs, in the State of

~nd dona~ed't~Arkansas, a charity hospital duly organized and char- BarryHospital.tered under the laws of the State of Arkansas, the right

to occupy, improve, and control, for the purpose of

erecting thereon a hospital for the use and benefit of

the poor, and for no other purpose whatever, any of

the lots, pieces or parcels of land, situate in the county

of Garland, and State of Arkansas, now owned by the

Government of the United States, to be selected by the

Prov;so.. Location. Secretar y of the Interior; Provided , Said hos p ital shall Rightsreserved.not be located on the reservation which embraces the

Hot Springs; Provided, That the United States reserves

to itself the fee and the right forever to resume possession and occupy any portion of said lands whenever

in the judgment of the President the exigency arises

that should require the use and appropriation of the

same, or for such other disposition as Congress may

determine.

Rentsl.

An Act Authorizing the Secretary of the Interior to grant leases

for sites on the Hot Springs Reservation, Arkansas, for coldwater reservoirs" approved August 7, 1894 (28 Stat. 263)

Be it erulCtcd by the Senate and House of Representatives of the United States of Am.erica in Oongress

assembled, That the Secretary of the Interior be, and

~o\ SPcingS he is hereby, authorized to lease unto the Hot Springs

~~rof~tefor Water Company, 9f Hot Springs, Arkansas, its succes-

~~~~aterreser-SOl'Sand assigns, or to any other person or corporation

authorized to supply the city of Hot Springs with cold

water for drinking and domestic purposes, a site upon

the West Mountain of the Hot Springs Reservation, to

be selected by him, for the purpose of constructing and

maintaining thereon a reservoir for cold water and the

pipes necessary to connect the same with the system of

water suppry of the citY-9f Hot Springs, the term of

such lease to be not to exceed twenty years, and the

consideration therefor an annual rental of one hundred

dollars, to be collected and accounted for as now provided by law in relation to the collection and accounting for of revenue derived from leases of bathhouse

sites upon the Hot Springs Reservation; Provided, That

on the termination of any lease granted under authority

of this Act the Secretary of the Interior shall have like

Proviso.

Renewal.
LEGISLATION RELATING TO NATIONAL PARKS 241

power and authority, in his discretion, to extend or

renew the same for additional periods of. not exceeding

twenty years.

An Act To authorize sale of lot eight, block ninety-three, city of

Rot Springs, by school directors thereof, and use"of proceeds for

school purposes,approved August 9, 1894(28 Stat. 274)

Be it eMcted by the SeMte and House of Representa-~~s~f1r::isb~rk.

tives of the United States of Anwrica in Oongress assem- schooldirectors.

bled, That the directors of the school district of the city

Gf Hot Springs, Arkansas, are hereby authorized to sell

and convey, at private or public sale, lot eight, in block

ninety-three, on Ouchita Avenue, in said city, as shown

by the survey and plat of the United States Commissioners for Hot Springs, heretofore designated and set

apart by the Secretary of the Interior as a site for a.

schoolhouse under Act approved June 16, 1880, and to ~~'p~1219, 288.

apply the proceeds of such sale for the benefit of the

.common schools of said city.

An Act Relating to leases on the Hot Springs Rp.servation, and for

other purposes, approved March 19, 1898 (30 Stat. 329)

Be it e7l4cted by the SeMte and House of Representa- ~~~JE~mrr:es'

tives of the United States of America in Oongress asiem- secretar~ofI~-

bled, That the Secretary of the Interior, in addition to teri~J'mayaI!-

h ' ' h b h ' d ' h ' d '

. thonceconstrueIS present powers, IS ere y aut orlze , In IS IscretlOn, tion,etc.,of

to grant leases and privileges to suitable persons to conoh~ervatories,

struct and maintain observatories, pavilions, refreshment

et .

stands, upon the Government reservation in the city of

Hot Springs, in the State of Arkansas, under such rules

,and regulations as he may prescribe,

An Act Authorizing the Supreme Lodge of th.e Knights of Pythias

to erect and maintain a sanitarium and bath house on the Government reservation at the city of Hot Springs, Arkansas, approved May 9, 1898 (30 Stat. 403)

Be it enacted 'by the SeMte and House of Representatives of the United States of A"I1U3ricain Oongress assem- ~"Ji~Me~Odge.

bled, That the exclusive right to use, occupy, and enjoy Pythiai.may

the possession of the following-described lot of land, ~~ecJDs:::n~~

being a part of the Government reservation at the cit y of reservation', Hot

H S

. A k

. .

Springs, Ark.

ot prmgs, l' ansas, to-WIt, commencmg on the north

line of Reserve A venue at the southelJst corner of the

Army and Navy Hospital grounds; thence running eastward along the north line of Reserve Avenue four hundred and sixty-five feet, more or less, to United States

monument numbered twenty-seven; thence north six and

one-half degrees we~t fou~ hundred and seventy feet;

thence west on a dIrect lme four hundred and fiftythree feet, more or less, to the northeast corner of the

Army and Navy Hospital grounds; thence southward

along the east boundary of said Army and Navy Hospitalgrounds five hundred and twenty-five feet to place

of beginning, is by this act granted to the Supreme
242 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Lodge of the Knights of Pythias, for the purpose of

erecting, equipping, and maintaining a national sanitarium and bathhouse for the accommodation of the

Knights of Pythias of the United States of America.

The rights and privileges granted under this Act shall

continue as long as the property is used and occupied

f:>r the purposes mentioned in this Act, not, however, to

exceed ninety-nine ,years; subject, however, to the fol-

- conditions. lowing conditions and limitations, namely: That unless

said supreme lodge shall, within five years after the

passage of this Act, erect and equip a sanitarium and

bathhouse, for the purposes above mentioned, at a cost

of not less than two hundred and fifty thousand dollars,

or if said supreme lodge shall at any time hereafter use

- forleiture or permit said premises to be used for any other purpose.

than that herein granted, then, and in either event, all

the rights, privileges and powers by this Act granted and

conferred upon said supreme lodge shall be forfeited to

the United States.

Use of hot water. SEC. 2: That upon compliance with the conditions and

requirements of section one of this Act by said supreme

lodge, the Secretary of the Interior shall be authorized

and required to lease to said supreme lodge a sufficient

quantity of hot water to accommodate said sanitarium

for all drinking purposes and to supply at least five

bathtubs, under such rules and regulations as he may

prescribe; and all improvements made upon said property shall be subject to the approval of the Secretary of

the Interior.

Duration of

privilege.

An Act Ceding jurisdiction to the United States over a part of the

Hot Springs Mountain Reservation, approved February 21, 1903

(General Acts of 4rkansas, 1903. p. 52; Digest of the Statutes

of Arkansas, 1921,sec. 4558,p. 1241)

Be it enacted by the Geneml Assembly of the State

of Arkansas: That exclusive jurisdiction over that part

of the Hot Springs Reservation known and described

as a part of the Hot Springs Mountain and whose limits

are particularly described by the following boundary

lines: Commencing at stone monument number (7)

seven set upon the west line of Reserve A venue and

marking the boundary line of Hot Springs Mountain,

and running thence in, a northwesterly direction to a

point upon the south Hne of Fountain Street to a stone

monument numbered forty-two (42) and marking the

bcundary line of Hot Springs Mountain, thence along

the South line of Fountain Street to its intersection with

Central Avenue or to stone monument number thirtythree (33), thence south along the east line of Central

A venue to where the same is intersected bv Reserve

Avenue at stone monument number thirty (3"0), thence

along the north boundary line of Reserve A venue to

stone monument number seven (7) the point of COIll-
LEGISLATION RELATING TO NATIONAL PARKS 243

mencement, all in Township Two South, Range nineteen

West, in the County of Garland, State of Arkansas, being

a part of the permanent United States Hot Springs

Reservation, is hereby ceded and granted to the United

States of America to be exercised so long as the same

shall remain the property of the United States; provided that this grant of jurisdiction shall not prevent

the execution of any process of the State, civil or crimi-

.nal, on any per~on who may be on such reservation or

premises; provided further, -that the right to tax all

structures and other property in private ownership on

the Hot Springs Reservation accorded the State by the

Act of Congress approved March 3, 1891/ is hereby

reserved to the State of Arkansas.

An Act Conferring jurisdiction upon United States commissioners

over offenses committed in a portion of the permanent Hot

Springs Mountain Reserv::.Uon, Arkansas, approved April 20, 1904

(33 Stat. 187)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That the portion of the Hot Springs Mountain ~~~S&~~..er.

Reservation in the State of Arkansas situated and lying ~:'~~~~kjUriawithin boundaries defined as follows, " Commencing at a dictionbyArkanb d t th t 1

. BB8Ill, accepted.

stone monument num ere seven, se upon ewes me Vol.19,p. 877.

of Reserve Avenue and marking the boundary line of See,p.222.

Hot Springs Mountain, and running thence in a northwesterly' direction to a point upon the south line of

Fountain Street to a stone monument numbered fortytwo and marking the boundary line of Hot Springs

Mountain; thence along the south line of Fountain Street

to its intersection with Central Avenue or to stone monument numbered thirt.y-three; thence south along the east

line of Central Avenue to where the same is intersected

by Reserve A venue at stone monument numbered thirty;

thence along the north boundary line of Reserve A venue

to stone monument numbered seven, the point of commencement; all in township two south, range nineteen

west, in the count.y of Garland and State of Arkansas,

being a part of the permanent United States Hot Springs

Reservation ", sole and exclusive jurisdiction over which

was ceded to the United States by an act of the general

assembly of the State of Arkansas, entitled ':An Act

ceding jurisdiction to the United States over a part of

the Hot SprinO's Mountain Reservation ", approved February twenty.first, nineteen hundred and three, which

cession is hereby accepted, or within such boundaries as

may be defined hereafter, shall be under the sole and

exclusive jurisdiction of the United States, and all laws

applicable to places under !'ruch sole and exclusive jurisdiction shall have full force and effect therein: Provided, ~r~!':~rail I

That nothing in this Act shall be so construed as to for- A~k:m~s~u~ts.

1 See p. 235.
244 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

bid the service within said boundaries of any civil

or criminal process of any court having jurisdiction in

the State of Arkansas; that all fugitives from justice

taking refuge within said boundaries shall, on due application to the executive of said State, whose warrant may

lawfully run within said territory for said purpose, be

subject to the laws which apply to fugitives from justice found in the State of Arkansas: And prO'Vided furtMr, That this Act shall not be so cons~rued as to inter~

fere with the right to tax all structures and other property in private ownership within the boundaries above

described, accorded to the State of Arkansas by section

Vol.28,~842. five of the Act of Congress approved March third, eight- Seep.23. een hand red and ninety-one, entitled "An Act to regulate the granting of leases at Hot Springs, Arkansas,

and for other purposes."

~~k~~.!:~ SEC. 2. That said above-described portion of said res- judicialdistrict.ervation shall constitute a part of the eastern United

States judicial district of Arkansas, and the district

court of the United States in and for said district shall

have jurisdiction of all offenses committed within said

boundaries. (V.S.C., title 16, sec. 372.)

Protectionto SEC. 3. That an y property, etc. Person who shall , within the said

above-mentioned tract, commit any damage, injury, or

spoliation to or upon any building, fence, hedge, gate,

guidepost, tree, wood, underwo:>d, timber, garden, crops,

vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty

of a misdemeanor, and upon conviction thereof, shall be

subiect to a fine of not more than one hundred dollars

and be adjudged to pay all costs of the proceedings.

(U.S.C., title 16, sec. 373.)

Bathing,etc., SEC. 4. That an y Person who shall , except in compli-

~~~

ance with such rules and regulations as the Secretary 0f

the Interior may deem necessary, and which he is hereby

authorized and directed to make, enter or attempt to enter upon said described tract, take, or attempt to take,

use, or attempt to use, bathe in, or attempt to bathe in

water of any spring located thereon, or without presenting satisfactory evidence that he or she (provided he or

she is under medical treatment) is the patient of a physician duly registered at the office of the superintendent of

the Hot Springs Reservation as one qualified, under such

rules which the Secretary of the Interior may have made

or shall make, to prescribe the waters of the Hot Springs,

shall be deemed guilty ofa misdemeanor, and, ufJon conviction thereof, shall be subject to a fine of not more than

one hundred dollars, and be adjudged to pay all costs of

S

Pr

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the proceedin gs: Provided, That no physician whQ shall

a c log pa ron- .

h Ii ..

~e by.registeredeI?gage III t e SO cItatIon 0f J?atronage t hroug h t.he me-

~I:id~~an.for- dlUm of drummers, or otherwIse, shall be or rema,Ill thus

Tantlou.

Penalty.

Penalty.
LEGISLATION RELATING TO NATIONAL PARKS 245

registered: .And pr01Jided further, That if aMy person so

bathing, or attempting to bathe, or so entering, or attemptin~. to enter uP.o~ the prescrib~d. tract, sha11 ~ave ~::~1~~~'t~~~.

the permit of a physlClan, such physIcian shall be liable cianvalid.

to the penalties of this section, unless he be regularly

registered; and such person shall not be liable to the

penalties of this section, unless it sha.ll be made to appear

that he knew, or had reason to believe, that the physician

giving him such permit was not regularly registered.

(U.S.C., title 16,section. 374.) P Ishment f

SEC. 5. That if any act shall be committed within said offenses.

0

boundaries which would constitute an offense under the

municipal ordinances of the city of Hot Springs or the

laws of the State of Arkansas, but which is not prohibited or the punishment of which is not specially provided for by any law of the United States, regulation of

the Secretary of the Interior, or by this Act, the offender

shall be subJect to the same punishment as the said municipal ordinances of the city of Hot Springs, or the

laws of the State of Arkansas in force at the time of the

commission of the offense, may provide for a like offense

in the said State, and no subsequent repeal of any such

law or ordinance shall affect any pending prosecution

for an offense committed within said boundaries.

(U.S.C., title 16, sec. 375.)

SEC. 6. That such commissioner shall have power, Arresta.

upon sworn complaint, to issue process in the name of the

United States for the arrest of any person charged with

the doing, otherwise than in compliance with the rules

and regulations of the Secretary of the Interior, of any

act with reference to the matters which the Secretary

of the Interior in section. four of this Act is authorized

to regulate, or in violation of such rules and regulations,

or in violation of any provision of this Act, or with any

misdemeanor or other like offense the punishment provided for which does not exceed a fine of one hundred

dollars to try the person thus charged, and if' found Appeal

guilty, to impose the penalty prescribed. In all.cases of

conviction an appeal .shalllie from the judgment of said

commissioner to the United States district court for the

eastern district of Arkansas. The said United States R I f

district court shall prescribe rules of procedure and prac- ced:e~

protice for said commissioner in the trial of cases and with

reference to said appeals. (U.S.C., title 16, sec. 376.)

S 7 Th t

.

d

.. h 11 1 h

Proceaa In other EC.. a sa.1 commISSIOner s a a so ave power crlml~lolfenlea.

to issue process as hereinbefore provided for the arrest

of any person charged with the commission, within said

boundaries~ of any criminal offense not covered by the

provisions of section six of this Act, to hear the evidence

mtroduced, and if he is of opinion that probable cause

is shown for holding the person so charged for trial,

shall cause such person to be safely conveyed to a secure
246 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Execution. of

sentence.

place for confinement, within the jurisdiction of the

United States district court for the eastern district of

Arkansas, and certify a transcript of the record of his

proceedings and the testimony in the case to said court,

which court shall have jurisdiction of the case: ProvUkd, That the said commissioner 3hall _grant bail in

all cases bailable under the laws of the United States

or of the State of Arkansas or the ordinances of the

city of Hot Springs. (U.S. C., title 16, sec. 377.)

~~ym~U~, SEC. 8. That all process issued by the commissioner

etc. shall be directed to the marshal of the United States

for the eastern district of Arkansas, but nothing herein

contained shall be so construed as to prevent the arrest

by any officer of the Government, police of said reservation, police office~ of the city o! I;Iot Springs, or ~m- ployee of the Umted States wlthm saId boundarIes,

without process, of any person taken in the act of violating the law or this Act, or doing anything with reference to the matters which in section four of this Act

the Secretary of the Interior is authorized to regulate,

except in compliance with such rules and regulations,

or committing any act in violation of such regulations.

(U.S.C., title 16, sec. 378.)

SEC. 9. That the commissioner referred to in this Act

and the marshal of the United States and his deputies

in the eastern districj; of Arkansas shall be paid the

same fees and compensation as are now provided by law

for like services in said district. (U.S.C.~ title 16, sec.

3i9.)

~aYDIent offees, SEC. 10. That all fees, costs, and expenses arising in e c.

cases under this Act and properly chargeable to the

United States shall be certified, approved, and paid as

are like fees, costs, and expenses in the courts of the

United States. (D.S.C., title 16, sec. 383.)

SEC. 11. That all fines and costs il~1posed aud collected

shall be deposited by said commissioner of the United

States or the marshal of the United States collecting

the same with the clerk of the United States district

court for the judicial district in which said reservation

may be situated. (U.S.C., title 16, sec. 380.) Imprisonmentfor SEG. 12 That all nonpayment.. Persons who mav be im p risoned for . . .

nonpayment of any fine, or costs, provIded for by thIS

Act, or awaiting trial without bail, shall be confined in

the jail of Pulaski County, at Little Rock, Arkansas,.

or at such place as may be otherwise designated.

(U.S.C., title 16, sec. 382.)

SEC. 13. That upon the .conviction of a party upon

trial by said commissioner, or by said district court,

execution of. sentence shall be in conformity with the

laws of the United States, anything in the statutes of

the State of Arkansas to the contrary notwithstanding.

(D.S.C., title 16, sec. 381.)

PrDvUo.

Ball.

Fees, etc.

Finee, etc.
LEGISLATION RELATING TO NATIONAL PARKS 247

An Act To amend an act entitled "An Act conferring jurisdiction

upon Unite.i States commissioners over offenses committed in a

portion of the permanent Hot Springs Mountain Reservation,

Arkansas," approved April twentieth, nineteen hundred and four,

approved March 2, 1907 (34 Stat. 1218)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That Public Act Numbered One hundred and ~ot S&~ingsRes

twenty-four, an Act conferring jurisdiction upon the va~;n,I~r~. erUnited States commissioners over offenses committed in ~~,~: ~yJUrfs.

a portion of the permanent Hot Springs Mountain Res- ~~~s ini87

ervation, Arkansas, be amended as follows: H~lnglbefore

That section six be amended by prefixing the follow- s:t~n&~

ing: sioner.

"That any United States commissioner, duly ap-1'~; ~~2M~7

pointed by the United States circuit court for the eastern ~hiendet' andded district of Arkansas, and residing in said district, shall by~~f. 3~~~

have pow~r and jurisdiction to hear and act upon all m6beIo~~p.

complaints made of any and all violations of this Act."

(U.S,C., title 16, sec. 376.)

SEC. 2. That the words" commissioner ", "such com-

..

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.

d

.." "

" h

.

JI?-IsslOner, Sal commlssI<?ner.

'

or t e

.

COmmIS- "Any ofsaid SlOneI' ", whenever they occur m sald Act be strIcken out commissioners"

h d

"

O

f ' d

.." "

b '

substituted for and t e wor s any 0 sal commISSIOners e mserted words" commlsin lieu thereof. sioner," etc.

An Act To amend section one of the Act approved March second,

nineteen hundred and seven, being an Act to amend an Act entitled "An Act conferring Jurisdiction upon United States commissioners over offenses committed on a partion of the permanent

Hat Springs Mountain Reservation, Arkansas," approved March

3, 1911 (36 Stat. 1086)

Be it enacted by the Senate' and House of Representatives of the United States of Al1wrica in Oongress assembled, That section one of the Act approved March sec- HotSpribgs

ond nineteen hundred and seven (Thirt y -fourth Stat- MO\lntainReser- ,

.. vatJon,Ark.

utes, page twelve hundred and elO'hteen) IS amended so Jurisdictionover.

d f 11

1:>, Any United

as to rea as 0 ows: Statescommis-

"That aI,lYUnited St~tes .commissioner duly appoint~d j~ri:.Jim::over

by the Vmted States dIStrIct court for the eastern dIS- sllviolations.

t

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d d " h 11Vol 34 p 1218 rIC 0 I' ansas, an reSI mg m sal Istnct, s a am~nded.' ,

have power and jurisdiction to hear and act upon all com- Seep. 247above.

plaints made of any and all violations of said Act of

Congress approved April twentieth, nineteen hundred

and four." (V.S.C., title 16, sec. 376.)

An Act To. change the line of the reservation at Hot Springs, Arkansas, and af Reserve Avenue, approve.i May 23, 1906 (34 Stat.

198)

Be it enacted by the Senate and House of Representatives of the United States of A11U3ricain Oongress

G8se11Lbled , That the line of the Government reservation R

Hot Spr

t

!ngs

.eserva lon, Ark. at Hot Sprmgs, Arkansas, and of Reserve A venue be Boundarylines

changed so as to run from stone monument 26 to stone changed.
248 LAWS FOR NAT. PARK SERVICE, PARKS, ~ MONUMENTS

monument 28 on a direct line, instead of running from PrOvUo. 26 to 27 and thence to 28, as it now does: Provided, Excludedlands That the tract of land thus excluded from the reserva- ceded to Hot .

b h

.

h 1

.

b d d h

Springs . forstreetbon y c angmg t e mes as a ove, be ce e to t e CIty

purposes. of Hot Springs, to become a part of Reserve A venue

and to be used for street purposes only; to be accepted

by the city without change of the opposite (southerly)

boundarv line of said avenue.

Repeal.

An Act To confer title in fee and to authoriZe the disposition of

certain lots now situate on Hot Springs Reservation, in the State

of Arkansas, and for other purposes, approved April 30, 1908 (35

Stat. 98)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

a8sernbled, That all the estate, right, title, and interest, Hot~prlngsRes.and all right of reversion of the United States in and to ervat.on, Ark.

1 b d

. LandsgrantedIn ot num ere two, m block numbere d seventy-two; lot

~c~oOf~ho&l dls. numbered ten, in block numbered forty-eight; lot num- Description. bered eight, in block numbered one hundred and :f.ortysix; lot numbered -eighteen, in block numbered one

hundred and thirty-five; and lot numbered twenty-one,

in block numbered one hundred and thirty-eight, situate

on the Hot Springs Reservation, in the school district of

Hot Springs, in the State of Arkansas, be, and is,

granted to and vested in the said school district of Hot

Springs, with full power and authority of the officers

of said school distrIct to manage, control, sell, pledge,

or dispose of the same, or any part thereof, at their

discretion, for the use of said school district and the

public schools thereof.

SEC. 2. That all laws and parts of laws in conflict

with this Act be, and the same are hereby, repealed.

SEC. 3. That this Act shall take effect and be in force

from and after its passage.

Effect.

An Act Granting unto the Hot Springs Street Railway Company,

its successors and assigns, the right to maintain and operate its

electric railway along the southern border of that portion of the

Hot Springs Reservatfon, in the State of Arkansas, known as the

Whittin~ton Lake Reserve Park, approved March 12, 1910 (36

Stat. 235)

Be it e'nacted by the Senate and House of Representatives of the United States of America in Congress a8sem- Hot~prlngsRes- ervatlon,Ark. bled That the ri ght is hereby granted unto the Hot , .

H t S

Springs Street Railway Company, its successors and ass;:eetP=ay signs, during the existence of the franchise granted by

Co.grantedright ofwsyacross. the cit y Of Hot Sp rin gs,. to maintain and Operll.te its

electric street railway as now laid and encroaching, in

whole or in part at various places, amounting in the aggregate to not exceeding eight hundred feet in length

and twenty feet in width, upon and along the southern

border of that portion of the Hot Springs Reservation,

in the State of Arkansas, known as the Whittington Lake

Reserve Park.
LEGISLATION RELATING TO NATIONAL PARKS 249

SEO.2. That the right to alter, amend, or repeal this Amendment.

.Act is hereby expressly reserved.

An Act Granting to the city of Hot Springs, Arkansas, land for

street purposes, approved J'une 25, 1910 (36 Stat. 844)

Be it ena,cted by tlw Senate and House of Rep1'esentatives of tlw United States of America in Oongress assembled, That the parcel or strip of land, situated in the city HotSprings,Ark.

of Hot Springs, Arkansas, shown .on a plat of a subdl- Grantoflandsfor

vision of block one hundred and fourteen, in said city, as streetpurposes.

originally laid out by the United States Hot Springs

Commissioners, filed in the office of the circuit clerk of

Garland County, Arkansas, October seventeenth, nineteen

hundred and four, and being designated on said plat as

Interior Street, and shown and described therein as follows, to wit: Commencing on the east line of said block Description.

one hundred and fourteen on the west line of Court

Street, at a point one hundred and fifty feet north of

Prospect A venue; running thence in a westerly direction

on a line parallel with Prospect Avenue for a distance

of four hundred and fifty feet to a point one hundred and

fifty-four and three-tenths feet north of Prospect Avenue

and to east line of Granite Street; thence north along the

east line of Granite Street for a distance of forty feet;

thence running in an easterly direction on a line parallel

with said first-described line for a distance of four hundred and fifty feet to the west line of Court Street;

thence running south for a distance of forty feet to the

point or place of beginning, and containing eighteen

thousand square feet, more or less, be, and the same is

hereby, ceded to the corporation of the city of Hot

Springs, Arkansas, for use as a public street.

An Act Authorizing the Hot Springs Lodge, Numbered Sixty-two,

Ancient Free and Accepted Masons, under the jurisdiction of

the Grand Lodge of Arkansas, to occupy and construct buildings

for the use of the organization on lots numbered one and two,

in block numbered one hundred and fourteen, in the city of Hot

Springs, Arkansas, approved February 15, 1911 (36 Stat. 908)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress

assembled, That the exclusive right to use, occupy, and

enjoy the possession of all of lots numbered one and two, HotSprings,Ark.

in block numbered one hundred and fourteen, in the HotSprings cijy of Hot Springs, Arkansas, is by this Act granted LodgeofMasone

to the Hot Springs Lodge, Numbered Sixty-two, 1::~:;:.'upytwo

Ancient Free and Accepted Masons, under the jurisdiction of the Grand Lodge of Arkansas, for the purpose of erecting .and maintaining thereon a suitable and

sightly building for the use of the said Hot Springs Conditions.

Lodge. The rights and privileges granted under this

Act shall continue as long as the property is used and

occupied for the purposes mentioned in this Act, subject, however, to the following conditions and limita- Forfeiture.
250 LA'VS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

tions, namely: That unless said Hot Springs Lodge

shall, within five years after the passage of this Act,

erect and equip a suitable and sightly building for the

purposes above mentioned, or if said Hot Springs

Lodge shall at any time hereafter use, or permit the

premises to be used, for any other purpose than that

he~e~n granted, then, and in either event, all the rights,

pnvIleges, and powers by this Act. granted and conferred upon said Hot Springs Lodge shall be forfeited

to the United States.

SEC. 2. That upon compliance with the conditions and

J.paseof hot requirements of section one or this Act by said Hot

water authorized. S

.

L d h

co f 1 r

'. .

h

.

prmgs 0 ge t e "ecretary 0 t Ie ntenol', m IS

discretion.; is hereby authorized to lease to said Hot

Springs Lodge a sufficient quantity of hot water to

accommodate said Lodge for all drinking purposes and

to supply not more than five bathtubs, under such rules

and regulations as he may prescribe; and all improvements made upon said property shall be subject to the

approval of the Secretary of the Interior.

An Act Limiting the privileges of the Government free bathhouse

on the pUblic reservation at Hot Springs, Arkansas, to persons

who are without and unable to obtain the means to pay for

baths, approved March 2, 1911 (36 stat. 1015)

HotSprings,Ark. Be it enacted by the Senate and House of RepreUse of free bath- .

f h U

.

d Sf f A

. .

bouselimited. sentat~ves 0 t e n~teates 0 m..erwa ~n 0 ongress

assembled, That only persons who are without and unable to obtain the means to pay for baths and are suffering from ailments for which bathing in the water of

Oathrequiredof the Hot- Springs Reservation will afford relief or effect

lackofmeans, a' cure shall be permitted to bathe at the free bathhouse etc.

on the public reservation at Hot Springs, Arkansas, and

before any person shall be permitted to bathe at the free

bathhouse on the reservation he shall be required to

make oath, before such officer duly authorized to adr..J:e~~t for minister oaths for general purposes as the superintendent of the Hot Springs Reservation shall designate,

that he is without and unable to obtain the means to pay

for baths, and any person desiring to bathe at the free

bathhouse on the Hot Springs Reservation making a

false oath as to his financial condition shall be deemed

guilty of a misdemeanor and upon conviction thereof

shall be subject to a fine of not to exceed twen_ty-five

dollars, or thirty days' imprisonment, or both. (U.S.C.,

title 16, sec. 371.)

An Act Authorizing the Leo N. Levi Memorial Hospital Association

to occupy and construct buildings for the use of the corporation

on lots numbered three and four, block numbered one hundred

and fourteen, in the city of Hot Springs, Arkansas, approved

June 3, 1912 (:J7 Stat. 121)

Be it enacted by the Senate and House of Representati.ves of the United States of America in Oongress assem-
LEGISLATION HELATING TO NATIONAL PARKS 251

.bled, That the exclusive right to use, occupy, and enjoy

the possession of all of lots numbered three and four, in

block numbered one hundred and fourteen, in the city of'

Hot Springs, Arkansas, is by this Act granted to the Leo HotSprings,Ark.

N. Le,vi Memorial Hospital Association, a corporation ~~~ld~~~W~r.

orgamzed under the laws of the State of Arkansas, ror LeviMemorial

1 f

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.

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.,

th .

t

Hospital As.oeia.

t 1e purpose 0 erectmg an maIn ammg ereon a SUI -tion at.

able and sightly building for the use or the said corporation. The rights and privileges granted under this Act Duration01

shall continue as long as the property is used and oc- privileges.

cupied for the purposes mentioned in this Act subject Forfeiturefor

however, to the following conditions and lin;itatlons: nonuser.

namely, that unless said Leo N. Levi Memorial Hospital

Association shall within five years after the passage of

this Act erect and equip a suitable and sightly buildin~

for the purposes above mentioned, or if said Leo N. LeV1

Memorial Hospital Association shall at any time hereafter use or permit the premises to be used for any other

purpose than that herein granted, then and in either

event all the rights, privileges, and powers by this Act

granted and conferred upon said association sha'U be

rorfeited to the United States.

SEC. 2. That upon compliance with the conditions and Lease01water.

requirements or section one of this Aet by said corporation the Secretary of the Interior, in his discretion, is

hereby authorized to lease the said association a sufficient quantity of hot water to accommodate said association ror all drinking purposes, and to supply not more

than five bathtubs, ullder such rules and regulations as he

may prescribe; and all improvements made upon said

property shall be subject to the approval or the Secretary

or the Interior.

SEC. 3. That the right to aIter, amend, or repeal this Amendment.

Act is hereby expressly reserved.

An Act Authorizing the city of Hot Springs, Arkansas, to occupy

and construct buildings for the use of the fire department of

said city on lot numbered three, block numbered one hundred

and fifteen, in the city of Hot Springs, Arkansas, approved

August 21, 1912 (37 Stat. 322)

Be it enacted by the Senate. and Ho'use of Representat-ives of the United States of America in Oongress assembled, That the exclusive right to use, occupy, and enjoy

the possession or lot numbered three, in block numbered HotSpring.,Ark.

one hundred and fifteen in the cit y or Hot Sprin gs

Lot granted to,

. .' .' forfiredepart. Arkansas, 1S by th1S Act granted to the CIty of Hot ment.

Springs, Arkansas, for the purpose of erecting and maintaining thereon, a suitable and sightly building or buildings ror the use of the fire department of said city. The

rights and privileges granted under this Act shall continue as long as' the property is used and occupied for the

purposes mentioned in this Act, subject, however, to the

following conditions and limitations, namely, that un- Conditions.
252 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

less said city of Hot Springs, Arkansas, shall within five

years after the passage of this Act erect and equip on

said lot a suitable and sightly building or buildings for

the purposes above mentioned, or if said city shall at

any time hereafter use or permit the premises to be used

for any other purpose than that herein granted, then and

in either event all the rights, privileges, and powers by

t.his Act granted and conferred upon said city shall be

forfeited to the United States.

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1913,

and for other purposes," approved August 24, 1912 (37 Stat. 459)

HotSprings,Ark. The Secretary of the Interior is hereby authorized to

~H~il~~~g- lease certain premises fronting on Central Avenue and

thorlzed. on fountain Street, now occupied by the buildings of

the Arlington Hotel Company, at Hot Springs, Arkan.

sas, on such terms and conditions as he may determine.

Term. No lease made hereunder shall be for a longer period

Valuationofim-than twenty years. In case said premises shall be leased

~~=;,alfto to another lessee than the Arlington Hotel Company

the provision of the lease ending March 3, 1912, for a

valuation of and payment for the improvements made

by the Arlington Hotel Company shall be recognized

by said Secretary; but he shall have the power to fix

a time within which such valuation must be made, and

if such valuation is not made within the time so fixed

said Secretary may lease the premises free from an

claim of said Arlington Hotel Company. (U.S.C., title

16, sec. 370.) 2

An Act To authorize the Secretary of the Interior to furnish hot

water from the hot springs on the Hot Springs Reservation for

drinking and bathing purposes free of cost to the Leo N. Levi

Memorial Hospital Association, approved July 8, 1916 (39 Stat.

351)

~~~t[~~~k~es- , Be it enacted by the Senate and House of Repre.

sentatives of tM' United States of America in Oongress

assembled, That the Secretary of the Interior be, and he

~ N.LeviHos-is hereby, authorized to supply a sufficient quantity of

Ei':~dt~:e:f~~.hot water for five tubs from the hot springs on the Hot

Springs Reservation. for drinking and bathing purposes

to the Leo N. Levi Memorial Hospital Association without cost or charge therefor, under such rules and regu.

lations as he may prescribe: 'Provided, That said hospital association shall, upon request of the superintendent

of the Hot Springs Reservation or his duly authorized

Treatmentof representative, immediately after being notified, send

~i~:.CY an ambulance or conveyance for and acceJ?t and treat

without charge therefor any emergency patIents so sent

to the hospital for treatment.

Provuo.

.Modified by 46 Stat. 1109. See p. 259.
LEGISLATION RELATING TO NATIONAL PARKS 253

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30,

1921, and for other purposes," approved June 5, 1920 (41 Stat.

918)

The Secretar y of the Interior is hereb y authorize d to

Hot ~prings ReservatIOn, Ark.

assess and collect from Physicians who desire to prescribe Assessmentof

S

.

R

. specIfied charges the hot waters from the Hot prmgs eservatIOn, rea- forwater.

sonable charges for the exercise of such privilege, including fees for examination and registration; and, he Wf'e~~~~ b~'346

is also authorized to assess and collect from bath attend-~. a253bel~~.)e

ants and masseurs operating in all bathhouses receiving

hot water from the reservation, reasonable charges for

the exercise of such privileges. The moneys received

from the exercise of this authority shall be used in the

protection and improvement of the said reservation.

(U.S. C., title 16, sec. 369.)

An Act To regulate the prescribing and use of waters from the

Hot Springs National Park at Hot Springs, Arkansas, and for

other purposes, approved March 2, 1931 (46 Stat. 1462)

Be it enacted by the Senate and House of Rep1'esentatives of the United States of Ame'FlCa in Oongress assembled, That section 369~ title 16, United States Code, rot ~p;inr f't. being a provision of the Sundry Civil Appropriation Act J~~~lati"o"ns' co~-

approved June 5, 1920 (41 Stat. 874,918), is hereby~:r:,~go~:eOf

amended so as to read as follows: tmtn~:d. 918 "The Secretary of the Interior is hereby authorized a~~nded~'s.;

to assess and collect from physicians who desire to pre-I(jo~f~t~~~v~i

scribe the hot waters from the Hot Sp rinO's National physicians:prlvi-

. .

. b.. lege lees dlsronPark reasonable fees for exammatIOn and regIstratIOn; tinued.

and he is also authorized to assess and collect from bath ~J~~~ri:'d.ges

attendants and masseurs operating in bathhouses receiving hot water from the park reasonable annual charge~

to cover the cost of physical examinations." (U.S.C.,

6th supp., title 16, sec. 369.)

An Act Ceding to the United States exclusive jurisdiction over

Block 82 of the ,Hot Springs Reservation in the State of Arkansas, approved February 2, 1921 (General Acts of Arkansas, 1921,

p. 63)

Be it enacted by tl/.e General Assembly of the State of

Arkansas, That exclusive jurisdiction over that part ot

the Hot Springs Resen-ation known and described as

block eighty-two on the official plat of the United States

Hot Springs Commission is hereby ceded and granted to

the United. States of America to be exercised so long as

the same shall remain the property of the United States:

Provided, That this grant of jurisdiction shall not prevent the execution of any process of the State, civil or

criminal, on any person who may be on such reservation

or premises: Provided, further, That the right to tax all

structures and other property in private ownership on

the Hot Springs Reservation accorded the State by the
254 LAWS FOR ,NAT. PARK SERVICE, PARKS, & MONUMENTS

Act of Congress approved March 3, 1891,3 is hereby reserved to the State of Arkansas as respects the tracts

hereby ceded.

An Act ~o accept the cession by the State of Arkansas of exclusive

jurisdiction over a tract of land within the Hot Springs National

Park, and for other purposes, approved September 18, 1922 (42

Stat. 847)

Be it enacted by the Senate and House of Rep1>esentatives of tlte United States of Arne1'ica in Oongress assern-

:fg~n~W~~~,st.tbled, That the provisions of the Act of the Legislature of Jurisdictionof the State of Arkansas, approved :February 2, 1921, ceding

Arkansas over

t t

t U

.

t

] St I

... d

. . .

bl k

tract in, ceded. .0 11e met ates exc USIve JUrIS IctIon over, oc

Y°l. 33, p. 187;

'01. 34.p. 1218,. ei,.,

ghty-two

,

within the Hot Sp rinO's National Park are

.. '"'

,

Vol.36,p. 1086.herebv accepted, and the prOVISIOns of the Act approved

~~dPfi/43,247,Apri(20, 1904, as amended by the Acts of March 2, 1907,

and March 3, 1911, relating to the Hot Springs Mountain

Hesenation, Arkansas, are extended to said block eightytwo. (U.S.C., title 16, sec. 372.)

Hot Spring$ Na.

tional Park.

Vol. 39, p. 535,

amended. See

pp. 9-12.

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30,

1922, and for other purposes," approved March 4, 1921 (41 Stat.

1407)

The Hot Springs Reservation shall be known as the

Hot Springs National Park. (U.'S.C., title 16, sees. 2

and 361.)

An Act Granting certain lands in Hot Springs, Arkansas, to the

Leo N. Levi Memorial Hospital Association, approved May 8, 1922

(42 Stat. 506)

Be it enacted by the Senate and House of Rep1>e-

,

sentatives of tjw United States of America in Oongress

Hot~pl'ing~, Ark.assembled, That the exclusive right to use, occupy, and

Leo N Len

'

.

h

.

f I

.

Memo,:ial'Hospi-enJoy t e possess JOn or lOSpi t a1 purposes 0f a110 f 10tS

tal AosociaUon numbered one and two in block numbered one hundred granted landsin,

"

,

. .

for Descllpbon. hn.spi.tal Ubes.and fourteen, m the CIty of Hot Sprmgs, Arkansas, IS.bY

this Act granted to the Leo N. Levi Memorial Hospital

Association, a corporation organized under the laws of the

State of Arkansas, for the purpose of erecting and maintaining thereon an addition to or extension of its present

hospital building, located on adjoining lots, numbered

three and four, in said block one hundred and fourteen,

in said city of Hot SprIngs, Arkansas. The ri~hts

and privileges granted under this Act shall contmue

as long as the property is used and occupied for the purposes mentioned in this Act, subject however, to the follo'wing conditions and limitations, namely, that unless

said Leo N. Levi Memorial Hospital Association shall

within five years after the passage of this Act erect and

equip a suitable and sightly addition to or extension of

its present hospital building, or if said Leo N. Levi

Conditions.

Forreiture

provisions.

. See p. 2H5.
LEGISLATION RELATING TO NATIO:NAL PARKS 255

.Memorial Hospital Association shall at any time hereafter use 01' permit the premises to be used for any other

purpose than that herein granted, or if at any time pay

wards are maintained in any buildings erected upon

the lots hereby granted, then and in e~ther event all

the rights, privileges, and powers by thIS Act granted

and conferred upon said association shall be forfeited to

the UnitBd States.

Excerpt from "An Act Making appropriations for the Department

of the Interior for the flscal year ending June 30, 1923, and for

other purposes," approved May 24, 1922 (42 Stat. 590)

From and after July 1, 1922, all revenues of the Hot }lotSpringsNa.

N

.

l

Op k' h 11 b d.

I T

tlOnal Park, Ark.

~prmgs l' atlOna ar s a e covere mto t Ie reasury to the credit of miscellaneous receipts, except such ~e\~~e:~~e~~~8be

as may be necessary to pay obligations outstanding on mis~ellaneous

t

, . . receIpts.

June 30, 1922. (U .S.C., htle 16, sec. 452.) Vol.40,p. 153,

3l1)enaed. See

Excerpt from "An Act Making appropriations for the Department p. 12,

of the Interior for the fiscal year enjing June 30, 1925, and for

othe purrposes," approved June 5, 1924 (43 Stat. 423)

* * *

Pro-vided, That the Secretary of the Interior ~~~a~~~~~gs,

be, and is hereby, authorized, in his discretion, to accept AClctanceofdothe fee-simple title to a certain traet of land adjoining ~~~horl~~~t,

the Hot Springs National Park, Arkansas, described as

.

being the \ve.st half of the southwest quarter of the southwest quarter of section 27. township :2 south, range 19

west, fifth principal meridian, containing sixteen acres,

more or less, sit.uated in Garland County, Stat.e of Ar..

kansas, donated to the United States of America for use

in connection with Hot Springs National Park: P1'Ovided, That such land when accepted by the Secretary T b dd d to of the Interior shall be and remain a part of Hot Springs I'~k.ea c

National Park.

An Act Ceding to the United States exclusive jurisdiction over a

tract of land known as the automobile tourist camp within the

Hot Springs National Park, approved March 27, 1925 (General

Acts of Arkansas, 1925, p. 677)

Be it enacted by tlu3 General Asse1nbly of the State of

Arkansas, That exclusi"e jurisdiction over that part of

the Hot Springs National Park known and described as

the automoLile tourist camp and whose limits are particularly described by the following boundary lines:

Commencing at the stone marking at the northeast corner of the northeast quarter of section thirty-three (33)

township two (2) south, range nineteen (19) west,

thence east for five hundred and twent.y-eight (528) feet

along the south line of the southwest quarter of section

twenty-seven (27), township two (2) south, range nineteen (19) west, thence north parallel with the reservation

line for one thousand three hundred and twenty (1,320)

feet to the north line of said southwest quarter of the

southwest quarter of section twenty-seven (27), town-
256 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

ship two (2) south, range nineteen (19) west, thence

west for five hundred and twenty-eight (528) feet along

north line of said southwest quarter of the southwest

quarter of section twenty-seven (27), township two (2)

south, range nineteen (19) west, to the east line of Hot

Springs National Park1.-,.thence south along the line of

Hot Springs National .t'ark to the place of beginning,

in the County of Garland, State of Arkansas, being a

part of the permanent United States Hot Springs Reservation', is hereby ceded to and granted to the United

States of America to be exercised so long as the same

shall remain the property of the United States: p.}'o-

'Jided, That this grant of jurisdiction .shall not prevent

the execution of any process of the State, civil or criminal, on any person who may be on such reservation or

premises: Provided furtlwr, That the right to tax all

structures and other property in private ownership on

the Hot Springs National Park accorded the State by

the Act of Congress approved March 3, 1891, is hereby

reserved to the State of Arkansas.

An Act To accept the cession by the State of Arkansas of exclusive

jurisdiction over a tract of land within the Hot Springs N~tional

Park, and for other purposes, approved March 3, 1927 (44 Stat.

1359)

Be it enacted by the Senate and House of Representatives of tlw United States of America in Oongress a8sern-

~~~p;:::r. f:k. bled, That the conditional cession and grant to the United

tr~~~prn~~o~ Sta~esof ex~lusivejurisdiction over that :part of the Hot Arkansas. Sprmgs NatIOnal Park known as the publIc camp ground PescIiptiOD. and described as follows: Commencing at the stone marking at the northeast corner of the northeast quarter, of

section 33, township 2 south, range 19 west, thence east

for five hundred and twenty-eight feet along the s01l1th

line of the southwest quarter of section 27, township 2

south, range 19 west, thence north parallel with the reservation line for one thousand three hundred and twenty

feet to the north line of said southwest quarter of the

southwest quarter of section 27, township 2 south, range

19 west, thence. west for five hundred and twenty-eight

feet along north line of said southwest quarter of the

southwest quarter of section 27, township 2 south, range

19 west to the east line of Hot Springs National Park,

thence south along the line of Hot Springs National

Park to the place of beginning, in the county of Garland,

State of Arkansas, being a part of the Hot Springs NaLaws extended t?, Vol.83,p. 187.

tl' ona l Park ,.made by act of the Le g islature of the State

~~::~~:~:m~ ~

of Ar

d

kans

d

as

t'h

appro,:e~ Mar

f

ch

th

27

A'

1

t

925,4 are

d

he

A

reb~

1

a

2

c

O

-

VoL 42, p. 690. cepte ,an e provIsIOns 0 e c approve pl'l ,

:~,Pt~d2~~5~.7, 1904, as amended by the Acts of March 2, 1907, and

. See p. 255.
LEGISLATION RELATING TO NATIONAL PARKS 257

March 3, 1911,relating to the Hot Springs Mountain Reservation, Arkansas, are hereby extended to said land.

(U.S.C., 6th supp., title 16, sec. 372a.)

An Act Authorizing the Secretary of the Interior to convey to the

city of Hot Springs, Arkansas, all of lot numbered 3 in block

numbered 115 in the city of Hot Springs, Arkansas, approved

May 29, 1928 (45 Stat. 959)

Be it enacted by the Senate and H01tSe of Rep1'esentatives of th,e United States of A.merica in Oongress assembled, That the Secretary of the Interior is authorized and HotSr.rings,Ark.

directed to convey by quitclaim deed to the city of Hot ~~i~~I:~~i;~df~r

Sprin gs Arkansas subject to the provisions of section 2 firedepartment.

.

'

,

. '01.87,p.822. of this Act, all of lot numbered 3 111block numbered 115 Seep.251.

in the city of Hot Springs, Arkansas, the use and occupation of which by such city was authorized by the Act entitled "An Act authorizing the city of Hot Springs,

Arkansas, to occupy and construct buildings for the use

of the fire department of said city on lot numbered 3,

block numbered 115, in the city of Hot Springs, Arkansas," approved August 21, 1912.

SEC. 2. The lot shall be used by the city for fire de- Saleauthorized

t t 1 t t'h t th .t 11 to provide fundtl par men purposes on y, excep a e CI y may se fornEWbuilding.

or otherwise dis p ose of so much of the lot as ma y be Reversion, if

. .' proceeds not SO

necessary to provide funds for the constructIOn of a new used,.orif city

building for its fire department. The deed executed by permItsother use.

the Secretary of the Interior shall contain the express

condition that if the proceeds of any such sale or other

disposition are not used for the construction of such

building or if the city uses or permits to be used for any

other purposes than that herein authorized that part of

the lot upon which such building is erected or attempts

to alienate it, the title to that part of such lot shall revert

to the United States.

An Act To provide for the reconstruction of the Army and Navy

Hospital at Hot Springs, Arkansas, approved June 18, .1930 (46

Stat. 781)

Be it enaated by the Senate and H O1tse of Rep1'esentatives of the United States of America in Oong1'ess

assembled, That the Secretary of War be, and he is

hereby, authorized and directed to raze such part of the

existing hospital buildings in the reservation of the

,~ d N G 1 H

.

t I t H t S

. Hot Springs, Ark. ,d..rmy an ~ avy enera. OSpl a, a 0 pnngs, Reconstructionof

Arkansas, as may be desirable and proper to make room Arm~~d Navy

for the construction of another hospital, and thereafter Hospt at.

to construct upon said ground such additional unit of

said Army and Navy General Hospital, at Hot Springs,

Arkansas, and for said purpose there is hereby author- Sumauthorized.

ized to be appropriated the sum of $450,000, or as much

thereof as may be necessary, out of any money in the

Treasury not otherwise appropriated.
258 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Fundsexpended SEC. 2. All funds expended for the construction or

~r~~r~ecretary reconstruction of hospital buildings and facilities on

said Army and Navy General Hospital RescrvatiGn, at

Hot Springs, Arkansas, lJ,uthorized by this or any other

Act, shall be so expen(led under supervision of the Secretary of 'War, and the said hospital shall remain under

the jurisdiction and control of the War Department:

ProviJ!o'

l f I

Provided, That the exterior design of said hospital shall Approva 0 p

an b d b h N

.

1 P k S

.

by National e approve y t e atlOna ar erVICe.

Park Service.

An Act To authorize the conveyance of certain land in the Hot

Springs National Park, Arkansas, to the P. F. Connelly Paving

Company, approved June 25, 1930 (46 Stat. 1915)

Be it enacted by tlie Senate and House of Representatives of tILe United States of AlIwrlca in Congress

assernbled, That the Secretary of the Interior be, and is

hereby, authorized in his discretion to convey to the

P

P

a' v~'

CO

c

nn

o

tHy

mg mpany. P. F. Connelly Paving Company, of Little Rock, Arkanb h

.

f 1

..

Desig1l8tedland sas, Y t e Issuance 0 patent or ot leI' approprIate min HotSprings strument of conveyance, and at an appraIsed value to

National Park, b I b

.

d S t h t

. Ark.,conveyedto. e approvec y sal ecreary, t at eel' aln trac t 0f 1an d

located within the Hot Springs National Park, Garland

County, Arkansas, described as follows: Beginning at

a point on the west boundary line of Hot Sprmgs

National Park, Arkansas, said point being the most

southerly corner of lot 32, block 128, United States

Hot Springs Reservation as surveyed, mapped, and

plattgd by the United States Hot Springs commissioners; thence in a southeasterly direction and at right

angles to the boundary of Hot Springs National Park

aforesaid, a distance of fifty feet; thence in a northeasterly direction and parallel with the aforementioned

boundary line, two hundred and ninety feet; thence in

a northwesterly direction a distance of fifty feet to the

aforementioned boundary line; thence in a southwesterly direction along said boundary line a distance of

two hundred and ninety feet to the {Joint of beginning;

and, upon the transfer of title to saId land to the said

company, the same shaH be, and is hereby, eliminated

:01.'16~.1407.from the said Hot Springs National Park. (U.S. C., 6th eep..

supp., title 16, sec. 361.)

Description.

An Act To authorize the accepetance of a tract of land adjoining

Hot Springs National Park, Arkansas, and for other purposes,

approved February 14, 1931 (48 Stat, 1106)

HotSpringsNa. Be it enacted by the Senate and House of Representatlonsl Park, Ark.,

f

tA U 't d St t

f A

. . Adjacentlands twes 0 e n~ e a es 0 lIz.erwa ~n Congress assem- acceptedasaddi.bled That the Secretary of the Interior be and he is tionto.

hereby, authorized, in his discretion and upon' submission

of evidence of title satisfactory to him, to accept on behalf of the United States of America that certain tract

of land adjoining the Hot Springs National Park, Arkansas, described as being a part of the north half south-
LEGISLATION RELATING TO NATIONAL PARKS 259

west quarter section 27, township 2 south, range 19 west,

west of the ninety-third meridian, in Garland County,

Arkansas, and which has been tendered to the United

States of America as a donation and as an addition to the

said Hot Spr-ings National Park: Provided, That such ~ob~"meperland when accepted by the Secretary of the Interior mane.ntpart.

shall be and remain a part of the Hot Springs National

Park. (U.S.C., 6th supp., title 16, sec. 361a.)

An Act To provide for the retention by the United States of a

site within the Hot Springs National Park formerly occupied

by the Arlington Hotel and Bathhouse, for park and landscape

purposes, approved February 14, 1931 (46 Stat. 1109)

Be it enacted by tlw Senate and House of Representatives of the United States of America in Oongress assembled, That the site within the Hot Springs National Park HotSpringsNaf t " C t 1 A d F " s

tional Park. Ark.

ron Ing on en ra venue an 011 ountalll treet, SiteofArlington

leased by the Secretar y of the Interior Pursuant to the. hotel and bath.

. . house to be re- authorlty of the Act of August 24, 1912, to the Arhng- t!1int-donexpiraton Hotel Company, and occupied by the hotel and bath- ~~~D~!n~~:'bY

house buildin g of said company until it burned on April UnitedStatesfor'

. .

f

park, etc., pur5, 1923, shall upon the eXpIratIOn on March 6, 1932, 0 poses.

the existing lease therefor with the said Arlington Hotel

Company, be kept, retained, and maintained by the NewteaseDoto

United States for park and landscaping purposes; and no begranted.

new leas~ shall be granted by the' Secretary of the Interior for the erection of another hotel, bathhouse, or

other structure thereon. (U.S.C., 6th supp., title 16, sec.

370a.) 5

An Act To authorize the Leo N. Levi Memorial Hospital Association

to mortgage its property in Hot Springs National Park, approved

March 2, 1931 (46 Stat. 1462)

Be it enacted by the Senate r.mdHouse of Representa- L0 Ii Levi

tives of the United States of America in Oongress assem- M"emorlal H.oSPibled, That the Leo N. Levi Memorial Hospital Associa- talAssociatIon.

tion is hereby authorized, with the approval of the Sec- Maymortgageits

retary of the Interior, to execute mortgages upon its ~~~y frkHot

rights in and properties upon lots numbered 1, 2, 3, and' .

4 in block numbered 114 in the city of Hot Springs,

Arkansas, and such mortgages, together with the approval

of said Secretary of the Interior, may be filed for record

in the office of the Secretary of the Interior, and when so

recorded shall have all the effect of a public record.

. Modifies 37 Stat. 459. See p. 252.
19. Bryce Canyon National Park

Act.of June 7, 1924, establishing the Utah National Park in the State of

Utah__________________________________________________________

Act of February 25, 1928, changing the name of the Utah National Park

to the" Bryce Canyon National Park" __ __ __ __ _ _ _ __ __ _ _ _ _ _ _ _ _ __ ___

Act of May 12, 1928, correcting the descriptions of land comprising the

Bryce Canyon National Park__ __ _ __ __ _ __ __ _ __ _ _ _ __ __ ~

_ _ _ _ __ __

Act of June 13, 1930, providing for the addition of certain lands to the

Bryce Canyon National Park_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Act of Feb. 17, 1931, adjusting the boundaries and adding certain lands to

the Bryce Canyon National Park_ __ _ __ _ _ _ ___ _ _ __ _ _ _ _ _ _ ___ _ __ __ ____

Page

260

261

261

262

263

Administration.

etc.. under National Park

Service.

Vol. 39, p. 585.

Beep. 9.

An Act To establish the Utah National Park in the State of Utah,

approved JUJle 7, 1924 (43 Stat. 593)

Be it enacted by the Senate arid House of Rep1'eUtahNational sentatives of the United States of America in Oongress Park. assembled, That there is hereby reserved and withLandi!setapart drawn from settlement, occupancy or disposal under the

80. laws of the United States and dedicated and set apart

(Amendedby45 as a public park for the benefit and enjoyment of the

~~a~,~:'75g~~people, under the name of the" Utah National Park,"

~~~~r

261and the tract of land in the State of Utah particularly deDescription. scribed by and included within metes and bounds, as

follows, to wit:

Unsurveyed sections 31 and 32, township 36 south,

range 3 west; surveyed section 36, township 36 south,

range 4 west; north half, southwest quarter and west

half of the southeast quarter of partially surveyed section 5; unsurveyed sections 6 and 7, west half, west

half of the northeast quarter, and west half of the southwest quarter of partially surveyed section 8, partially

surveyed section 17 and unsurveyed section 18, township

37 ~outh, range3 west; and unsurveyed sections 1, 12,

and 13, township 37 south, rang~ 4, all west of the Salt

Lake meridian, in the State of Utah: Provided, That all

the land within the exterior boundaries of the aforesaid

tract shall first become the p"roperty of the United States.

SEC. 2. That the administration, protection, and J?romotion of said Utah National Park shall be exercIsed

under the direction of the Secretary of the Interior by

the National Park Service, subject to the provisions of

the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes."

Novalidclaim, SEC.3. That nothing herein contained shall affed any etc..aJIected. valid existing claim). 10catiol1, or entry under the land

laws of the United ::;tates, whether for homestead, mineral, right of wa:y, or any other purpo.se whatsoever, or

shall affect the nghts of any such claImant, locator, or

entryman to the full use and enjoyment of his land:

Provided, That the Secretary of the Interior is hereby

260

Prowo.

Title to be

secured.

Prowo.
LEGISLATION RELATING TO NATIONAL PARKS 261

th .

d t h

.

h

.

d

.

t

.

1

.

t d 1 d

Exchange of au Orlze 0 exc ange, In IS Iscre lOn, a lena e an s alienatedlanda

in this and Zion National Park for unappropriated and in,andZion

d bl ' 1 d f 1 1 d

. Park for other

unreserve pu lC an s 0 equa va ue an approXl- land;.

mately equal area in the State of Utah outside of said

parks. (U.S.C., title 16, sec. 346.)

An Act To change the name of the Utah National Park, the establishment of which is provided for by the Act of Congress approved June 7, 1924 (Forty-third Statutes, page 59'3), to the

"Bryce Canyon National Park," and for other purposes, approved February 25, 1928 (45 Stat. 147)

Be it enacted by the Senate and House of Representa- ~rYt

~eC

l

anp

yon

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f

1.

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.

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. .

0

...,a lona ar.

twes 0 t",t; n'tte tates 0 menca 'tn ongress assem- Utah.

bled, That tb'e area within the State of Utah described

in the Act of Congress approved June, 7, 1924 (Fortythird Statutes, page 593), providing for the establishment of the Utah National Park, shall be, when estab-'utah National

lished as a national park, known as the Bryce Canyon Park to be knowu

National Park. (U.S.C., 6th supp., title 16, sec. 402a.) 11&

SEC. 2. That the east half east half section 25, township 36 south, range 4 west; the east half southwest

quarter section 20, and all of sections 21, 29, and 30,

v I 48 698 township 36 south, range 3 west; all of sections 24 and ~~ded~' See'

25, township 37 south, range 4 west; and all of sections p.160.

19 and 30 townshi p 37 south, range 3 west, Salt Lake

meridian, be, and the same are hereby, excluded from the

Powell National Forest and made a part of the Bryce

C&nyon National Park, subject to the provisions of the f

Areasp

cxcl

ei

u

l

ded

N

f

.

d A C 7

rom ow .-

a oresal ct of ongress approved June, 1924.tionalForestand

(U.S.C., 6th supp., title 16, sec. 402b.) ~~~~o:::~

SEC. 3. That unsurveyed sections 28 and 33, township

36 south, range 3 west, and section 20, township 37 south,

range 3 west, Salt Lake meridian, public lands of the

United States, be, and the same are hereby, added to and

made a part of the Bryce Canyon National Park subject ~~:d~::rk.

to the provisions of the aforesaid Act of Congress approved June 7, 1924. (U.S.C., 6th supp., title 16, sec.

402c.)

An Act To correct the descriptions of land comprising the Bryce

Canyon National Park as contained in the Act approved lune 7,

1924, entitled "An Act to establish the Utah National Park in

the State of Utah," and the Act approved February 25, 1928,

entitled "An Act to change the name of the Utah National Park,

the establishment of which is provided for by the Act of Congress approved lune 7, 1924 (Forty-third Statutes, page 593),

to the' Bryce Canyon National Park,' and for other purposes,"

approved May 12, 1928 (45 Stat. 502)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress

assembled, That the tract of land described in section 1 ~r~~e ~an/o~

of the Act approved June 7, 1924, entitled "An Act to U~h~n ar .

establish the Utah National Park in the State of Utah," Vol.48, p. 698,

be, and the same is hereby, amended to read as follows: ~2e:g,ed.See

"Unsurveyed sections 31 and 32, township 36 south,

range 3 west; surveyed section 36, township 36 south,
262 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

New area

described. range 4 west; north half, southwest quarter and west

half of the southeast quarter of partially surveyed section 5; unsurveyed sections 6 and 7, west half, west half

of the northeast quarter, and west half of the southeast

quarter of partially surveyed section 8, partially surveyed section 17, and unsurveyed section 18, township 37

south, range 3 west; and unsurveyed sections 1, 12, and

13, township 37 south, range 4, all west of the Salt Lake

meridian in the State of Utah." (D.S.C., 6th supp., title

16, sec. 401.)

DesJ1~io~I dJ SEC. 2. That the tract of land described in section 2

~gn:Po:ella~a.of the Act approved February 25, 1928, entitled "An tlonalForest. Act to change the name of the Utah National Park,

the establishment of which is provided for by the Act

of Congress approved June 7, 1924 (Forty-third Statutes, page 593), to the 'Bryce Canyon National Park;'

and for other purposes," be, and the same is hereby,

amended to read as follows:

" The east half east half section 25, township 36 south,

Comctedde- range 4 west; the east half and southwest quarter secscription. tion 20, and all of sections 21, 29, and 30, township 36

south, range 3 west; all of sections 24 and 25, township

37 south, range 4 west; and all of sections 19 and 30,

township 37 south, range 3 west, Salt Lake meridian."

(U.S.C., 6th supp,. title 16, sec. 402b.)

An Act To provide for the addition of certain lands to the :Bryce

Canyon National Park, Utah, and for other purposes, approved

lune 13, 1930 (46 Stat. 582)

Be it enacted by the Senate and House of Representatives of the United States of Arnerica in Oongress assembled, That for the purpose of preserving in their natural

state the outstanding scenic :features to the south and

west of Bryce Canyon National Park, the President of

the United States be, and he is hereby, authorized, upon

the joint recommendation of the Secretaries of Interior

and of Agriculture, to add to the Bryce Canyon National

Park, in the State of Utah, by Executive proclamation,

any or all of unsurveyed townships 37 and 38 south,

range 4 west, Salt Lake meridian, not now included in

said park, and all the lands added to said park pursuant hereto shall be, and are hereby, made subject to

all laws, rules, and regulations applicable to and in force

in the Bryce Canyon National Park. (U.S.C., 6th supp.,

title 16, sec. 402d.)

WaterPl!werAct SEC. 2. That the Provisions of the Act of June 10 not apphcable. Vol.41, p. 1920, known as ' the Federal Water Power Act, shall not 1068. apply to lands now included in the Bryce Canyon N ational Park nor to any lands added to said park under

the authority of this Act. (U.S.C., 6th supp., title 16,

sec. 402e.)

Bryce Canyon

National Park,

Utah. Presiden.t authorized

to add certain

lands to, by

proclamation.

Description.
LEGISLATION RELATING TO NATIONAL PARKS 263

An Act To adjust the boundaries and for the addition of certain

lanjs "to the Bryce Canyon National Park, Utah, and for other

purposes, approved February 17, 1931 (46 Stat. 1166)

Be it enacted by the Senate and House of Repre-

. B C

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. .

d

(I

f A

. .

C

ryce anyon

sent?1tzves 0 t e nzte !Jtates 0 merzca zn ,ongress NationalPark,

d Th f I f

." I '

Utah. assemble, at or t le purpose 0 preselvmg In t leiI' Boundariesmodi.

natural state the outstanding scenic features thereon fled.

and for the purpose of rounding out the boundary of

the Bryce Canyon National Park, the President of the

United States be, and he is hereby, authorized, upon the

joint recommendation of the Secretaries of Interior and

of Agriculture, to add to said park by Executive proclamation any or all of the following-described lands in the

State of Utah, which shall thereupon become and be a

part of said park'subject to all laws and regulations Landsadded.

applicable thereto, to wit: South half southwest quarter section 2, south half south half section 3, southeast

quarter southeast quarter section 4, east half section 8,

sections 9, 10, west half section 11, west half section 14,

s~ctions 15, 16, east half northeast quarter northwest

quarter, east half northwest quarter northwest quarter,

north half southeast quarter northw~st quarter, south

half northeast quarter southwest quarter, north half

south half southeast quarter northwest quarter and

north half southeast quarter southwest quarter section

17, south half south half section 19, south half northwest quarter section 20, west half west half east half

and northeast quarter northeast quarter section 22,

north half northwest quarter section 23, west half section 27, and north half northwest quarter section 34,

township 36 south, range 3 west; lots 3 and 4, south

half northwest quarter section 4, northeast quarter

northeast quarter and southeast quarter southeast quarter section 8, township 37 south, range 3 west; west

half east half and southwest quarter section 25, unsurveyed township 36 south, range 4 west; lots 3 and 4,

south half west half section 3, lots L 2, 3, and 4 and

south half section 4, and lots 1 and 2 and south half

east half section 5, township 39 south, range 4 west,

Salt Lake meridian: Prov£ded, That nothing herein PrOV{40.

h 11 if t I' d ' t ' 1

.

I I 1

Existing claims S a a ec any va I eXlsmg c alms upon tie ane s etc.,not'

herein authorized to be added to the park or the rights affected.

of stockmen to continue to drive stock over the lands

now under an existing stock driveway withdrawal.

(U.S. C., 6th supp., title 16, sec. 402£.)

SEC. 2. That the following-described lands are hereby Portionselimi.

eliminated from the Bryce Canyon National Park and nated.

shall hereafter be included in and become a part of the Tobecome

Powell N~tional Forest, subject to all laws and regu- ~~~\o~t°;'~~t. lations applicable thereto, to wit: Section 30, township

37 south, range 3 west; section 25, unsurveyed township

37 south, range 4 west, Salt Lake meridian. (U.S.C.,

6th supp., title 16, sec. 402g.)
20. Grand Teton National Park

Page

Orand Teton

National Park.

Area.

De8crfptlon.

264

An Act To establish the Grand Teton National Park in the State

of Wyombig, and for other purposes, approved February 26, 1929

(45 Stat. 1314)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled, That the tract of land in the State of W yoming particularly described by metes and bounds as

follows, to wit:

Beginning at the northwest corner of township 44

north, range 115 west, of the sixth principal meridian;

thence southerly along the west line of said township

to the northeast corner of section 12, township 44 north,

range 116 west; thence westerly to the northwest corner of the northeast quarter northeast quarter section

12; thence southerly and westerly, respectively, on

quarter-quarter section lines to the southwest corner of

said section 12; thence southerly to the southwest corner of the northwest quarter northwest quarter section

13; thence easterly to the northeast corner of the south- .

west quarter northeast quarter section 13; thence southerly on the east quarter-quarter section lines of sections

13, 24, and 25, to the southwest corner of the northeast

quarter northeast quart~r section 25; thence westerly

and southerly, respectively, on quarter-quarter section

lines to the northwest corner of the southwest quarter

southwest quarter section 25; thence westerly to the

northwest corner of the southwest quarter southeast

quarter section 26; thence southerly to the southwest

corner of the southeast quarter section 26; thence westerly to the southwest corner of the southeast quarter

southwest quarter section 26; thence southerly to the

southwest corner of the northeast quarter southwest

quarter section 35; thence easterly to the northeast corner of the southwest quarter southeast quarter section

35; thence southerly to the southeast corner of the southwest quarter southeast quarter section 35, all in township 44 north, range 116 west; thence westerly to the

northeast corner of the northwest quarter section 2,

township 43 north, range 116 ";Vest; thence southerly on

mid-sectio~ lines of sections 2, 11, and 14, to the northwest corner of the southeast quarter section 14; thence

264
LEGISLATION RELATING TO NATIONAL PARKS

easterly to the northeast corner of the northwest quarter

southeast quarte.r section 14; thence southerly on east

quarter-quarter section lines of sections 14, 23, 26, and

35, all in township 43 north, range 116 west, to the right

bank of South Fork Snake River; thence westerly along

said bank to its intersection with the north line of township 42 north, range 116 west; thence westerly along

said township line to the northwest corner of said

township; thence southerly along the west line of said

township to its intersection with the main hydrographic

divide immediately south of Granite Canyon; thence

southwesterly along said divide to its intersection with

the main hydrographic divide formed by the crest of

the Teton Mountains; thence northerly along said divid~ between the headwaters of Moose Creek and GraniteL:anyon, Fox Creek, and Open Canyon, Dirby Creek

and Death Canyon, Teton Creek and Taggart and Glacier Creeks, Leigh Creek and Leigh Canyon, Badger

Creek and Moran Canyon, to a point where said divide

intersects the main hydrographic divide immediately

south and southeast of Webb (Moose) Canyon; thence

northeasterly along the last-mentioned divide to its

interseciton with the projected east quarter-quarter section line of what will probably be when surveyed section 7, township 46 north, range 115 west; thence southerly along said line to the northwest corner of the southeast quarter southeast quarter section 7; thence westerly

to the northwest corner Of the southwest quarter southeast quarter section 7; thence southerly on projected

mid-section lines of probable sections 7, 18, 19, and 30,

to the southwest corner of the northeast quarter section

30; thence westerly to the southeast corner of the southwest quarter northwest quarter section 30; thence southerly to the southeast corner of the northwest quarter

southwest quarter section 30; thence westerly to the

southwest corner of the northwest quarter southwest

quarter section 30, all of township 46 north, range 115

west; thence southerly on proj~cted west line of said

township and the west line of township 45 north, range

115 west, to the southwest corner of section 6, township

45 north, :range 115 west; thence westerly on projected

north line of what ~ill probably be when surveyed, section 12, township 45 north, range 116 west, to the north.

east corner of the northwest quarter northwest quarter

section 12; thence southerly to the southeast corner of

the southwest quarter northwest quarter section 12;

thence westerly to the southeast corner of the southwest

quarter northwest quarter probable section 11; thence

southerly to the northeast corner of the southwest quarter southwest quarter section 11; thence westerly to the

northwest corner of the southwest quarter southwest

quarter section 11; thence southerly on projected west

lines of probable sections 11 and 14 to the southwest

265
266 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

corner of said section 14; thence easterly to the northeast corner of the northwest quarter northwest quarter

probable section 23; thence southerly to the southeast

corner of the northwest quarter northwest quarter section 23; thence easterly to the southwest corner of the

northeast quarter of the northeast quarter section 23;

then southerly to the southwest corner of the southeast

quarter northeast quarter section 23; thence easterly

to the southeast corner of the northeast quarter section

23; thence southerly on projected east lines of probable

sections 23 and 26 to the northeast corner of the southeast quarter southeast quarter section 26; thence eastward to the northeast corner of the southeast quarter

southeast quarter section 25, all in township 45 north,

range 116 west; thence easterly to the northeast corner

of the southeast quarter southwest quarter section 30,

township 45 north, range 115 west; thence southerly on

mid-section lines of sections 30 and 31, to the south line

of section 31, said township; thence easterly to place of

beginning, is hereby reserved and withdrawn from settlement, occupancy, or disposal under the laws of the

S

G

et a

d

Pa

T

rt

t

as

N

United States , and dedicated and set apart as a Public

ran e on a- .

tionalPark, park or pleasure ground for the benefit and enJoyment Wyo. of the people of the United States under the name of

the Grand Teton National Park of Wyoming: Provided, That no new roads shall be constructed and no hotels

or permanent camps shall be esta.blished on such lands

except under authority of appropriations specifically

made therefor by Congress, but nothing herein shall be

held to restrict the establishment and construction of

trails on said lands. (U.S.C., 6th supp., title 16, sec.

406.)

Nati?nalPar!< SEC. 2. That the provisions of the Act of August 25,

~~r;.:c:p~r~ble.1916, entitled "An Act to establish a National Park ServVol.39, p. 535.ice, and for other purposes," and all Acts supplementary Seep.9.

to and amendatory of said Act, are made applicable to

and extended over the lands hereby included in said

Grand Teton National Park: Provided, That under rules

and regulations to be prescribed by the Secretary of the

Interior any bona fide claimant or entryman claiming or

owning land reasonably adjacent to the land iJ? said park

shall have the right to graze upon land in said park

reasonably adjacent to the lands claimed or owned by

him such number of livestock as he has been accustomed

to so graze in the past or as may be reasonably necessary

to the conduct of his business, and shall also have the

right subject to such rules and regulations to secure dead

Useof deadandor down timber from park lands for use in the conduct downtimber. of such business. (U.S.C., 6th supp., title 16, sec. 406a.)

SEC. 3. That the provisions of the Act 0.£ June 10,

WaterPowe,: 1920, entitled "An Act to create a Federal Power Com-

~~l:.otapph. mission, to provide for the improvement of navigation,

Vol.U. p. 1063.the development of water power, the use of the public

ProvUo.

Restriction on

new roada and

hotels.

Pro.n.o.

Grazing permitted adjacent

owners, upon

lands of.
LEGISLATION RELATING TO NATIONAL PARKS 267

lands in relation thereto, and to. repeal section 18 of the

River and Harbor Appropriation Act, approved August

8, 1917, and for other purposes," shall not apply to or

extend over the land hereby reserved and dedicated as

the Grand Teton National Park. (U.S. C., 6th supp.,

title 16, sec. 406b.)

SEC.4. That nothing herein contained shall affect any ~a1idciai'fs.

valid existing claim). location, o.r entry under the land i~t~d~o alaws of the United ~tates, whether for homestead, mineral, right of way, or any other purposes whatsoever, or

shall affect the right of any such claimant, locator, or

~ntryman to the full use and enjoyment of his land.

(U.S.C., 6th supp., title 16, sec. 406c.)

SEC. 5. That the ap

~

ropriations heretofore and here- Appropriations

. for Yellowstone after made avaIlable or the adullnIstratlOn, protectIOn, Parkavailable

and maintenance of the Yellowstone National Park shall ~or p~rposes

also be available for these purposes for the Grand Teton ereo.

National Park of Wyoming unless said park is otherwise provided for by Act of Congress.1 (U.S.C., 6th

supp., title 16, Sec. 406d.)

1 Separate appropriations have been made for Grand Teton National

Park beginning with the Interior Department appropriation act for the

fiscal year ending June 30. 1931 (46 Stat. 279).
21. Carlsbad Caverns National Park

Act of May 14, 1930, establishing the Carlsbad Caverns National Park in

New Mexico____________________________________________________

Page

268

An Act To establish the Carlsbad Caverns National Park in the

State of New Mexico, and for other purposes, approved Ma, 14,

1930 (46 Stat. 279)

b de Be it enacted by tM Senate and House of Repre.

~~:sN~tio::i sentatives of the United States of Arnerica in Oongres8

~~~~~:~ assembled, That the tract of land heretofore known as

to. the Carlsbad Cave National Monument, in the State of

Vol. 84, p. 225; N M

.

t bl' h d d d

.

~ d t

.

vol.43,p. 1929, ew exlCo, es a IS e an eSIgna~-= as a na lOna I

amended. monument under the Act of June 8, 1906, entitled "An

Act for the preservation of American antiquities," and

by presidential proclamation of October 25, 1923, be, and

the same is hereby, declared to be a national park and

dedicated as a public park for the benefit and enjoyment

of the people under the, name of the Carlsbad Caverns

National Park, under which name the aforesaid national

park shall be entitled to receive and to use all moneys

heretofore or hereafter appropriated for .the Carlsbad

~~n~ysforuse Cave National Monument. (V.S.C., 6th supp., title 16,

sec. 407.)

SEC. 2. That the administration, protection, and development of said Carlsbad Caverns National Park shall

be exercised under the direction of the Secretary of the

Interior by the National Park Service, subject to the

provisions of the Act of August 25, 1916, entitled "An

Act to establish a N atiQnal Park Service, and for other

purposes," and Acts supplementary thereto or amendatory thereof. (V.S.C., 6th supp., title 16, sec. 407a.)

Water P

I

?we

b

r

l

Act SEC. 3. That the provisions of the Act of June 10,

not app lca e. Vol.41, p. 1920, k~nown as the F ederal Water Power Act, shall not 1063. apply to or extend over the land hereby or hereafter

reserved and dedicated as the Carlsbad Caverns N atiol1al

Park. (V.S.C., 6th supp., title 16, sec. 407b.)

SEC. 4. That the boundaries of said Carlsbad Caverns

Enla'1j'ement of National Park ma y be enlar ged by subse quent Proda- boundaries authorized. mation or proClamations of the President upon the recommendations of the Secretary of the Interior, to include

any or all of the following-described lands, to wit: Sections 1, 12, and la, township 24 south? range 22 east;

sections 1 to H~,inclusive, 20 to 28, inclusIve, and 33 to 36,

inclusive, township 24 south, range 23 east; the entire

township 24 south, range 24 east; sections 6, 7, 18, and

268

Administration

by National

Park Service.

Vol. 39, p. 535.

See p. 9.

Descliptlon.
LEGISLATION RELATING TO NATIONAL PARKS

19, and 27 to 34, inclusive, township 24 south, range 25

east; sections 24, 25, 35, and 36, township 25 south, range

22 east; the entire township 25 south, range 23 east;

north half of township 25 south, range 24 east; sections

5, 6, 7, 8, 17, and 18, township 25 south, range 25 east;

sections 1, 2, 11, 12, 13, and 14, and 19 to 36, inclusive,

townshiJ? 26 south, range 22 east; west half of township

and sectIOns 22 to 26, inclusive h

township 26 south, range

23 east; all with respect to t e New Mexico principal

meridian. (U.S.C., 6th supp., title 16, sec. 40Ic.)

269
22. Great Smoky Mountains National Park

Act of February 21,1925, providing for the securing of lands in the southern

Appalachian Mountains and Mammoth Cave regions of Kentucky for

perpetual preservation as national parks_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Act of May 22, 1926, providing for the establishment of the Great Smoky

Mountains National Park in North Carolina and Tennessee, and specifying the minimum area (150,000 acres) to be. administered and protected

by the National Park Service n___________

Act of February 16, 1928, authorizing the leasing of lands within the Great

Smoky Mountains National Park to prior occupants________________

Act of Legislature of North Carolina, approved March 28, '1929, ceding to

the United States exclusive jurisdiction over the Great Smoky Mountains

National Park in North Carolina _ _ __ _ __ __ _ _ __ __ __ _ _ _ ___

Act of Legislature of Tennessee, approved April 12, 1929, ceding to the

United States exclusive jurisdiction over the Great Smoky Mountains

~ational Park in Tennessee_ __ __ _ _ _ _ _ _ __ _ _ _ ___ _ __ _ ___ _ _ _ _ _ _ ___

Act of April 19, 1930, providing for an extension of the boundary limits of

the Great Smoky Mountains NatiQna1:Park_ __ __ __ __ __ __ __ __ _ _ __ _ ___

Act of February 4, 1932, authoriZing acceptance of lands tendered without

cost to United States within area of Great Smoky Mountains National

Park, and authorizing leases not inconistent with purposes for which

landacquired ~_________

Act of July 19, 1932, authorizing the conveyance to Tennessee of certain

land deeded to the United States for the Great Smoky Mountains

National Park and not needed therefor____________________________

Page

270

271

272

273

274

274

275

276

Land. in Mammoth Cave regions of Kentucky, etc_

An Act To provide for the securing of lands in the southern Appalachian Mountains and in the Mammoth Cave regions of Kentucky for perpetual preservation as national parks, apPNved

February 21, 1925 (43 Stat, 958)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That the Secretary of the Interior is hereby

authorized and directed to determine the boundaries ,and

.

area of such portion of the Blue Ridge Mountains of VirNahon~ P!-rks. O'inia l y in

~

east of the South Fork of the Shenandoah Determmatton M

of areasto be River an' between Front Royal on the north and

acquired for Shenandoah, Va.,Waynes boro on t h~ sout h as may be reconunen ded by

;;:U:t::~ him to be acquired and administered as a national park,

Tenn.and'N.C;to be known as the Shenandoah National Park, and such

portion of the Smoky Mountains lying in Tennessee and

North Carolina as may be recommended by him to be

acquired and administered as a national park, to be

known as the Smoky Mountains National Park, and in

the Mammoth Cave regions of Kentucky and also such

other lands in the southern Appalachian Mountains as in

his judgment should be acquired and administered as

national parks, and to receive definite offers of donations

of lands and moneys, and to secure such options as in

his judgment may be considered reasonable and just for

270

SecUling options, ete.
LEGISLATION RELATING TO NATIONAL PARKS 271

the purchase of lands within said boundaries and to report to Congress thereon: Provided, That the Secretary ~~ to of the Intenor may, for the purpose of carrying out the beapPOIn~

provisions of this Act, appoint a commission of five

members, composed of a representative of the Interior

Department and four national park experts, said four

members to serve without compensation. (U.S.C., 6th

supp., title 16, sec. 403c.)

SEC. 2. A sum sufficient to secure options and to pay

the necessary expenses of the commission in ('arryin~ out

the provisions of this Act, including the salary ot one

clerk to the commission at a rate not to exceed $2.000

1

.

f th b

Amount

per annum, necessary trave mg expenses 0 e mem ers autbor!sedfor

of the commission, and $10 per diem in lieu of actual cost ezpeII8e8.

of subsistence, in all, not to exceed $20,000, is hereby

authorized to be appropriated.

An Act To provide for the establishment of the Shenandoah National Park in the State of Virginia and the Great Smoky Mountain National Park in the States of North Carolina and Tennessee,

and for other purposes, approved May 22, 1928 (44 Stat. 818)

Be it enacted by tl:e Senate and House of Representa- National parka.

tives of the United States of .America in Congress assembled, That when title to lands within the areas here~

inafter referred to shall have been vested in the United

States in fee simple there shall be, and are hereby, established, dedicated, and set apart as public parks for the

benefit and enjoyment of the people, the tract of land in

the Blue Ridge, in the State of Virginia, being. approximately five hundred and twenty-one thousand acres

recommended by the Secretary of the Interior in his

report of April 14, 1926, which area, or any part or parts

thereof as may be accepted on behalf of the United States

in accordance with the provisions hereof, shall be known

as the Shenandoah NatIonal Park; and the tract of land Greal:SmoKY

in the Great Smoky Mountains in the States of North Mountains, N.C.,

C 1

.

d T be. .

t 1 h

set apart as, when

aro 1na an ennessee mg approx1ma e y seven un- landstherefor

dred and four thousand acres, recommended by the Sec- s:~:.in United

retary of the Interior in his report of April 14, 1926,

which area, or any part or parts thereof as may be accepted on behalf of the United States in accordance with

the provisions hereof, shall be known as the Great Smoky

Mountains National Park: Provided, That the United ~Od"Ot b

States shall not purchase by appropriation of public sec~r':..i °Onl;by

moneys any land within the aforesaid areas, but that such donation.

lands shall be secured by the United States only by public

or private donation. (U.S. C., 6th supp., title 16, sec.

403.)

SEC. 2. The Secretary of the Int~rior is hereby author- t~ep~rcedot.

ized, in his discretion, 'to accept as hereinafter provided Slm~k~M~,;,~wn

on behalf of the United States title to the lands referred ~:~~e:;::~d

to in the previous ,section hereof am!,to'be purchased with NorthCarolinL

the $1,200,000 whIch has been subscribed by the State of
272 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Virginia and the Shenandoah National Park Association of Virginia and with other contributions for the

purchase of lands in the Shenandoah National Park area,

and with the $1,066,693 which has been subscribed by the

State of Tennessee and the Great Smoky Mountains Conservation Association and by the Great Smoky Mountains (Incorporated) (North Carolina) and with other

contributions for the purchase of lands in the Great

Smoky Mountains National Park area. (V.S.C., 6th

supp., title 16, sec. 403a.)

SEC. 3. That the administration, protection, and development of the aforesaid parks shall be exercised under

the direction of the Secretary of the Interior by the

~:~i~4:0~8J_kNational Park Service, subject to the provisions of the

minister,etc. Act of August 25, 1916, entitled "An Act to establish

::'p~~:

p. 535.

a National Park Service, and for other purposes," as

Pro~-i8o.. amended: Provided, That the provisions of the Act apWaterPowerActproved June 10, 1920, known as the Federal 'Vater

~~ta¥r.li~~b~~63. Power Act, shall not apply to these parks: And p'rovided

Minimumarea f1trther, That the minimum area to be administered and specified. protected by the National Park Service shall be for the

Shenandoah National Park area two hundred and fifty

thousand acres and for the Great Smoky Mountains N ational Park area Olle hundred and fifty thousand acres:

Area to be Be- P

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vided furthc

h

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ral dev~

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lopme~t of eitl.1er

ceptedbeforeany 0 t ese areas s a e un erta en untl a maJor portIOIl

::d~opment of the remainder in such area shall have been accepted

.

by said Secretary. (V.S.C., 6th supp., title 16,sec. 403b.)

Commissionem- SEC. 4. The Secretary of the Interior may for the purployed. pose of carrving out the provisions of this Act employ

X~~'p~3i71~:. 958. the commission authorized by the Act approved February 21, 1925. (V.S.C., 6th supp., title 16, sec. 403c.)

An Act To establish a minimum area for a Shenandoah National

Park, for administration, protection, and general development

by the National Park Service, and for other purposes, approved

February 18, 1928 (45 Stat. 109)

Be it e1l.llcted by the Senate and H01tse of Representatives of the United States of America in Congress

Shenandoah Na bl d Th h

.. f d " t t

.

tiona!Park, Va: a8seme, at t e mlmmum area or a mlms ra lOll,

Minimumarea protection, and, general development by the National of, established. Park Service in the Shenandoah National Park, the Vol. 44, p. 616.

bl ' h f h ' h

. .

amended.Seep. esta IS ment 0 w IC IS prOVIded for by th e Act 0f

271. Congress approved May 22, 1926, (Forty-fourth Statutes, page 61fl), be and the same is hereby, established

as three hundred and twenty-seven thousand acres, and

so much of the said Act of May 22, 1926, as is inconsistent herewith i~ hereby repealed.

Leas",!authorized SEC. 2. 'That the Secretary of the Interior is hereby

~~n¥~'~~l~d~-in authorized to lease lands within the Shenandoah N a- Shenandoahand tional Park and Great Smoky Mountains National Park Great SmokY .

d d

.

h d

. Mountains Parks.for perlO s not excee mg two years, upon suc con 1-
LEGISLATION RELATING TO NATIONAL PARKS

tions as he may in his discretion deem proper, to persons

and educational or religious institutions occupying same

or who had or claim to have had some interest in the

title to the same prior to the establishment of the park.

(U.S.C., 6th supp., title 16, sec. 403e.)

An Act Ceding to the United States exclusive jurisdiction over

Great Smoky Mountains National Park in the State of North

Carolina, approved March 28, 1929 (Public Acts of North Carolina, 1929, p. 272)

Tile General Assembly of North Carolina do enact,

That chapter forty-eight Public Laws of North Carolina,

one thousand nine hundred twenty-seven, be amended in

the following particulars, viz:

* *

. . .

(b) By striking out section 24: of said Act and inserting in lieu thereof the following, viz :

"

That the United States of America is authorized to

acquire by conveyance made pursuant to this Act all

the lands hereinabove mentioned and for the purposes

set out in the Act of Congress above mentioned, and

exclusive jurisdiction shall be, and the same is, hereby

ceded to the United States of America over and within

all the territory in the State of North Carolina, thus

deeded or conveyed; saving, however, to the State of

North Carolina the right to serve ci.vil or criminal process

within the limits of the land or lands thus acqUIred in

suits or prosecutions for or on account of rights acquired,

obligations incurred, or crimes committed in said State

outside of said land or lands, and on account of rights

acquired, obligations incurred, or crimes committed, on

or within said lands, prior to the date of the giving or

service of notice as hereinafter provided, of the assumption of police jurisdiction over such land or lands by the

United States; and, saving further, to the said State, the

right to tax sales of gasoline and other motor vehicle

fuels and oil for use in motor vehicles, and to tax persons and corporations, their franchises and properties,

on land or lands deeded or conveyed as aforesaid; and

saving, also, to persons residinO' in or 011 any of the

land or lands deeded or conveyed as aforesaid the right

to vote at all elections within the countv in which said

land or lands are located, upon like tei'ms and conditions and to the same extent as they would be entitled to

vote in such county had not such lands been deeded or

conveyed, as aforesaid, to the United States of America;

provided, nevertheless, that such jurisdiction shall not

vest in the United States of America unless and until

it, through the proper officer or officers, notifies the Governor and through him the State of North Carolina, that

the United States of America assumes police jurisdiction over the land or lands thus deeded and conveyed."

273
274 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

An Act Ceding to the United States exclusive jurisdiction over

Great Smoky Mountains National Park in the State of Tennessee.

approved April 12, 1929 (Public Acts of Tennessee,,1929, p. 314)

Be it enacted by tlw General.Assembly of the State of

Tennessee, That Section 24 of Chapter 54, Public Acts

1927, be amended so as to read, as follows:

"That the United States of America is authorized to

acquire by conveyance, and said Commission 1 is authorized to convey to the United States, pursuant to this

Act all lands hereinabove mentioned and for the purposes

set out in the Act of Congress above mentioned, and exclusive jurisdiction shall be, and the same is hereby ceded

to the United States of America over and within all the

territory in the State of Tennessee thus deeded or conveyed; saving, however, to the State of Tennessee the

right to serve criminal or civil process within the limit

of the land or lands thus acquired in suits or prosecutions for or on account of rights acquired, obligations

incurred, or crimes committed, in said State outside of

said land, or lands, and on account of rights acquired,

obligations incurred, or crimes committed on or within

said lands, prior to the date of the giving or service of

notice, as hereinafter provided, of the assumption of

police jurisdiction over such land or lands by the United

States; and, saving further, to the said State the right

to tax sales of gasoline and other motor vehicle fuels

and oil for use in motor vehicles, and to tax persons and

corporations, their franchises and properties, on land or

lands deeded or conveyed as aforesaid, and saving, also,

to persons residing in or on any of the land or lands

deeded or conveyed as aforesaid the right to vote at all

elections within the county in which said land or lands

are located, upon like terms and conditions and to the

same extent as they would be entitled to vote in such

county had not such lands been deeded or conveyed, as

aforesaid, to the United States of America; provided,

nevertheless, that such jurisdiction shall not vest in the

United States of America unless and until it, through

the proper officer or officers, notifies the Governor and

through him the State of Tennessee, that the United

States of America assumes police jurisdiction dver the

land or lands thus deeded."

An Act To provide for the extension of the boundary limits of the

proposed Great Smoky Mountains National Park, the establishment of which is authorized by the Act approved May 22, 1926

(Forty-fourth Statutes, page 616), approved April 19, 1930 (46

stat. 225)

Be it enacted by the Senate and House of Representatives of the United States of .America in Oongress as-

=~k"N sembled, That the boundary limits of the tract of land

tlcmalPark, N':O.in the Great Smoky Mountairis in the States of North

1 The Tennessee GreRt Smoky Mountains Park Comml.slon.
LEGISLATION RELATING TO NATIONAL PARKS 275

Carolina and Tennessee, recommended by the Secretary andTenn.

of the Interior in his report of April 14, 1926, for the :~~n~:d.P.S~~6p.

establishment of the Great Smoky Mountains N ationaI271.

Park, be, and the same are hereby, extended to include Adjacentland.

lands adjacent to the east boundary as defined in said included.

report to a line approximately as follows:

From a point on top of the Balsam Mountains at the Description.

boundary of Swain and Hayward Counties just north

of Black Camp Gap; thence following east the top of

the mountain range to Jonathan Knob and Hemphill

Bald; thence along top of ridge through Camp Gap to

Bent Knee Knob; thence following the main ridge to

Cataloochee Creek to a point on the boundary of the

area described in report of the Secretary of the Interior

of April 14, 1926; and the lands within said boundary

extension, or any part thereof, may be accepted on behalf thccep~nce

of the United States in accordance with the" provisions V6I~44', p.616.

of the Act of May 22, 1926, for inclusion in the area to Seep.271.

be known as the Great Smoky Mountains National Park.

(U.S.C.,.6th supp., title 16, sec. 403.)

An Act To establish a" minimum area for a Shenandoah National

Park, for administration, protection, and general development

by the National Park Service, and for other purposes, approved

February 4, 1932 (47 Stat. 37)

B

.

t d b th S t -

J H f R t

Shenandoah Nae ~"tenace y e ena e ana ouse 0 epresen a- tiona!Park.

tives of the, United States of America in Oongress assembled, That the minimum area for administration, protection and g eneral develo pment by the National Park Areafordev~lop-

,

. . . . mentbyNational SerVICe III the Shenandoah NatIOnal Park, the establIsh- ParkService,ea.

ment of which is provided for by the Act of Congress tablished.

approved May 22, 1926 (44 Stat. 616 ), be, and the same VI 44 616

is hereby, established as one hundred and sixty thousand s~P. 27t: .

acres, and so much of the said Act of May 22, 1926, and

of the Act of February 16, 1928 (45 Stat. 109) as is :e~p.4~7t 109.

inconsistent herewith is hereby repealed. (U.S.C., 6th

supp., title 16, sec. 403d.) .

SEC. 2. That the Secretary of the Interior be, and he is

h b tl ' d

.

h

.

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.

t

.

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.

1

Acceptance of

ere y, au lOnze In IS Iscre IOn to accep tit e to titleto]and,sub.

lands tendered without cost to the United States within jectto leases.

the areas of the Shenandoah National Park, the Great

Smoky Mountains National Park, Mammoth Cave National Park, and the Isle Royale National Park, subject

to leases entered into and granted as part consideration

in connection with the purChase of said lands for tender

to the United States for park purposes, but not exceeding in length of term the life of the particular grantor.

or grantors: Provided, That said leases and the terms Prov..os.

and conditions thereof shall have previously been sub-

' tt d t d d b

.

d S A -

J Approval of Sec. mi e 0 an approve y sal . ecretary: '11A.Itpro- rctary of the Invided further That he may lease upon such terms and terior,required.

d ' t ' h' d 1 d

.

h

.

I f

Authority to lease

con 1 IOns as e eems proper any an s WIt III t Ie a ore. lands,

said areas when such use shall not be deemed by him in-
276 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Acceptance of

lands subject to

~asements, etc.

consistent with the purposes for which the lands were

acquired on behaH of the United States, to persons,

educational or religious institutions, private corporations,

associations, and partnerships previously occupying such

land for terms not exceeding the particular lifetime in the

case of natural persons, and not exceeding twenty years in

all other cases, which latter leases may be renewed in the

discretion of said Secretary: And provided further, That

the Secretary of the Interior may accept lands for these

parks subject to reservations of rights of way and easements. (U.S.C., 6th supp., title 16, sec. 403f.)

An Act To authorize the conveyance to the State of Tennessee of

certain land deeded to the United States for the Great Smoky

Mountains National Park and not needed therefor, approved

July 19, 1932 (47 Stat. 702)

GreatS~oky Be it enacted by the Senate and House of RepreMounUunsNa. .

f

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.

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.

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. .

tionalPark, 8entatzve8 0 t e nzte a e8 0 rnerzca 1,100 ongre88

't;~:~ance of a88emble,d, That the Secretary of the Interior be, and h<l

:~id ~ng i d

is hereby, authorized, in his discretion, to convey to the

s:t:' for,;

te State of Tennessee by the execution of appropriate deeds StateofTennes.on behaH of the United States app roximatel y two hun- see,authorized. . .

dred and seventy-two and nme-tenths acres of land III

Happy Valley and approximately two thousand seven

hundred and ninety-five and two-tenths acres of land

adjoining the north park boundary of the Great Smoky

Mountains National Park, said lands having been heretofore deeded to the United States by said State for park

purposes and now being found unnecessary therefor:

ProviBo. Provided, That the proceeds of the sale of said land by Proceedsofsu~hthe State of Tennessee shall be applied to the purchase

landtobeapphed

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!.I>purchaseof 0 ot er eSIra e an unacqUlre an WIt III t he par k

otherparkland. boundaries in Tennessee, or, if deemed more advantageous, may be exchanged for such unacquired lands

within the park area.
23. Sullys Hill National Park

Paa.

Excerpt from act of April 27, 1904, modifying and amending an agreement

with the Indians of the Devils Lake Reservation, in North Dakota, to

accept and ratify the same as amended, to reserve tract of land embracing

Sullys Hill as a public park, etc_ __ nn ___ ____ n__ ____ __ __ ____

Act of March 3, 1931, transferring jurisdiction over Sullys Hill National

Park fro~ t~e Interior Dep~rtmen.t to the Department of Agriculture

to be mal.ntallled as Sullys Hill NatIOnal Game Preserve n

__ __ __ __ ____

277

277

Except from "An Act To modify and amend an agreement with

the Indians of the Devils Lake Reservation', in North Dakota, to

ILccept and ratify the same as amended, and making appropriation and provision to carry the same into effect," approved

April 27, 1904 (33 Stat. 323)'

The President is also authorized to reserve a tract embracing Sullys Hill, in the northeastern portion of the Publicpark.

abandoned military resen-ation, about nine hundred and

sixty acres, as a public pal'~.

An Act For the transfer of jurisdiction over Sullys Hill National

Park from the Department of the Interior to the Department of

Agriculture, to be maintained as the Sullys Hill National Game

Preserve, and for other purposes, approved March 3, 1931 (46

Stat. 1509)

Be it enacted by the Senate and House of Repl'esentatives of tl~e United States of America in Oongress assembled, That the Secretary of the Interior be, and he .

is hereby, authorized to transfer to the control of the ~i~~~i:~~\,Na.,

Secretary of Agriculture Sullys Hill National Park, to- I

N.~a

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.

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UrIS lC on over,

ge er WIt a Improvements t ereon, In t Ie tate 0,' transferredto

North Dakota and the Secretar y of A g riculture shall Departmentof

,

'

Agriculture.

he

f

reafter

d

ad

b

min

d

i~ter said a

d

re

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a as !l'ld

big .gam

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d

re

b

s~rv

d

e, '[e~e~\~~:~~'as

re uge, an ree Ing groun s or WI amma s an 11' S, SullysHillNa.

which shall be known as the Sullys Hill National Game ~~~~~~ame

Preserve and shall embrace within its boundaries the

.

lands described in the proclamation of June 2, 1904,

establishing Sl~llys Hill Park, together with all :'lllsur- ~~f.13er.b;~~~d68.

veyed or publIc lands uncovered by the receSSIOn of

the waters of Devils Lake in front of said reservation,

the preserve to be bounded on the north and northwest

by the waters of Devils Lake, and on the west and southwest by a stream which flows through lands uncovered

by the recession of the waters of Devils Lake, approximately midway between lots 10 and 11, section 17; lots

1, 2, 6, and 8, section 16; and lot 2, section 9; lots 3, 4,

and 5, section 16, township 152 north, range 65 west, fifth

1 For descrIption of lands reserved aa Sullya HIl1 Park, see 33 Stat. 2370.

277
278 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

principal meridian, as meandered on the official plats of

survey approved June 23, 1904, and June 2, 1927: Pro-.

Pr . vided, That the said game preserve is to be made availAv~TI:~~~ forree-able to the public for recreational purposes insofar as

~~~nalpur- consistent wIth the use of this area as a game preserve:

Huntingforbid-pJ'ovided furtM'l', That hunting shall not be permitted

den. on said game preserve. (D.S.C., 6th supp., title 16,

sec. 674a.)

-SEC.2. The Secretary of Agriculture is authorized to

acquire, by purchase or otherwise, after July 1, 1932,

an area of land not to exceed three thousand acres, at

Averagecost. an average cost of not more than $10 per acre, with the

improvements thereon, situated on the east and south of

said preserve as described in section 1 of this Act, within

sections 10, 11, 12, 13, 14, 15, 22, 23, and 24, township 152

north, range 65 west, fifth principal meridian, said lands

upon. acquisition by the Dnited States, to become a part

of the Sullys Hill National Game Preserve. (D.S.C., 6th

supp., title 16, sec. 674b.)

SEC. 3. The Secretary of Agriculture is authorized to

construct and maintain such bo.undary and division fences

as are required to inclose and subdivide the preserve; to

construct such buildings and improvements, to install

and maintain a suitable water-supply and sanitary sysfc~~~:-SerT-tern, to purchase such supplies, and to employ such assistants as are necessary for the maintenance of the preserve

and the improvements thereon and for the accommodation of visito.rs thereto. (U.S.C., 6th supp., title 16, sec.

674c.)

SEC. 4. There is authorized to be appropriated out of

any moneys in the Treasury not otherwise appropriated

such sums as Congress shall from time to time deem

necessary to carry out the purposes of this Act. (D.S.C.,

6th supp., title 16, sec. 674d.)

AcquIsition for

extensions.

Description.

Improvements

authorized.

Appropriation

authorized.
24, Morristown National Historical Park

Page

~\ct of March ~, 1933, providing for the establishment of the Morristown

National Historical Park in New Jerser_____________________________

An Act To provide for the creation of the Morristown National

Historical Park in the state of New Jersey, and for other purposes, approved March 2, 1933

Be it enacted by the Senate ana House of Repre-~g~~\s~7.'t:.i;al

sentath.es of tlte United States of America in Congress Park,N.J.

bl d Th I t ' I 11 h 1 d

To be established aS8em e, at w len It e to ate an s, structures, whentitle to

and other property in the ~ilitary camp-ground areas ~~,ai~~nn~~ve

and other areas of RevolutIOnary War mterest at and beenvestedin

.

h

-

." ~ 1\"-' N J h II be United States

1n t e Vicimty OJ. lUOrrIstown, .I: ew ersey, as sa'

designated by the Secretary of the Interior, in the

exercise of IllS discretion, as necessary or desirable for

national-park purposes, shall have been vested in the

United States, such areas shall be, and they are hereby,

established, dedicated, and set apart as a public park for

the benefit and enjoyment of the people and shall be

known as the Morristown National Historical Park:

P1'ovided, That the United States shall not purchase by Prov..~.

appropriation of public moneys any lands within the ~~:reJOt~e

aforesaid areas but such lands shall be secured by the Unit"dStates.

T~' 1 S ' I b bI'

.

d

.

A d

Area"to be L1mte( tates on y y pu IC or private onatlOn: n, includedin puk.

provided further, That such areas shall include, at least,

Jockey Hollow camp site, now owned by Lloyd W.

Smith and the town of Morristown, ,Fort Nonsense,

now owned by the town of Morristown, and the George

1Vashington Headquarters, known as the Ford House,

with its museum and other personal effects and its

grounds, now owned by the Washington Association of

New Jersey.

SEC. 2. The Secretary of the Interior is hereby author- SecretaryofIn-

.

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.

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. .

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.

Id terior authorized lZe to accept onatlOns 0 an, Interests In an , Ul -to acc)eptdonaiugs, structures, and other property within the bound- t~ons ofit~.nd,

aries of said park as determined and fixed hereunder ~a~kb~unJ~ries.

and donations -of funds for the :purchase and/or maintenance thereof, the title and eVIdence of title to lands

purchased to be satisfactory to the Sec.retary of the Interior: Pro-vided, That the Secretary of the Interior is Proviso.

authorized in his discretion to acce pt on behalf of the Alsoauthorized.

.'

,

.. to acceptcertaIn

Umted States other lands, easements, and bmldmgs of dona~ion8in

R I

. u:r' t. 11.. 1

.

d d

. MOTTIsand

evo utlOnary n ar merest In .l:torrIs an a Jacent coun- adjacentcounties in New Jersey as may be donated for the extension tiesin New

f h M

.

'-T' I H ' ' I P k

Jersey.

o t e orristown.l:" atlOna IstorlC-a ar.

SEC. 3. After the acquisition of the museum and other Wiisl>ington

personal effects of the said WashingtOli Association by ~~c~~~~

of

the Unit~d. States, including. such <?ther, manuscripts, ii'b::~t~~e

books, pamtmgs, and other rehcs of lustoncal value per- maintainedas

taining to George 'Vashington and the Reyolutionary part of park,

279

279
280 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

War as may be donated to the United States, such

museum and library shall forever be maintained as a

part of said Morristown National Historical Park.

Boardof Ad- SEC. 4. The Washington Association of .New Jersey,

visCl'IIdesig. Lloyd W. Smith, and the town of Morristown having, nated. by their patriotic and active interest in conserving for

posterity these impol'tant historical areas and objects,

the board of trustees and the executive committee of the

said association, together with Mrs. Willard W. Cutler,

its curator, and Clyde Potts, at present mayor of Morristown, shall hereafter act as a board of advisers in the

maintenance of said park. The said association shall

have the right to hold its meetings in said Ford House.

Employeesof SEC. 5. Employees of the said W aS~lington Association,

Wash!n~n who have been heretofore charged wIth the care and de-

~:,~cJa::~:/~ayvelopment of the said Ford House and its museum and

*et,emPl"ledkbyother effects, may, in the discretion of the Secretary of the

s:r~i~e~ar Interior, hereafter be employed by the National Park

Service in the administration, protection, and development of the said park without regard to the laws of the

United States applicable to the employment and compensation of officers and employees of the United States.

SEC. 6. The administration, protection, and development of aforesaid national historical park shall be exer~

cised under the direction of the Secretary of the Interior

by the National Park Service, subject to the provisions

of the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes,"

Proviao as amended (US.C., title 16, sees. 1-4) : Provided, That

A,,;nual' appJ',?"no appropriation of Federal funds for administration,

l~~a:~0fgJ~~ and protection, and maintenance of said park in excess of

1936notto $7.500 annually shall be made for the fiscal years 1934, exceed$7,500.

1935, 1936.

.

SEC. 7. Nothing in this Act shall be held to deprive

~u~ho~itr

Jurls(hcbon

and

of the State of New Jersey, or any political subdivision

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State of New t ereo , 0 ItS CIVl and cnmlna )uns lctlOn In and 'over

Jen;ey over park

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area. t e areas mc U( ec m sal nahona ustol'lca 1 par 1(, nor

shall this Act in any way impair or affect the rights of

citizenship of any resident therein; and save and except

as the consent of the State of New Jersey may be hereafter given, the legislative authority of said State in and

over all areas included within such national historical

park shall not be diminished or affected by the creation

of said park, nor by any terms and provisions of this Act.

Administration.

protection, and

development to

be exercised by

National Park

Service.
m. LEGISLATION RELATING TO PROPOSED NATIONAL PARKS

1. GRANDFATHER MOUNTAIN NATIONAL PARK

Excerpt from Sundry Civil Act of June 12, 19'17, authorizing acceptance

of lands in western North Carolina for park purposes_ _____ __ _____ ___

2. SHENANDOAH NATIONAL PARK

Act of February 21, 1925, providing for the securing of lands in the

southern Appalachian Mountains and Mammoth Cave regions of

Kentucky for perpetual preservation as national parks_ h _ _ n

_ n

__ _ __

Act of May 22, 1926, providing for the establishment of the Shenandoah

National Park in the State of Virginia, and specifying the minimum

area (250,000 acres) to be administered and protected by the National

Park Service ~_________________

Act of February 16, 1928, estahlishing a minimum area (327,000 acres) for

the Shenandoah National Park to be administered and protected by

the National Park Service___ _ _ n

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _

n

_ _ _ __

Act of February 4, 1932, establishing a minimum area (160,000 acres) for

the Shenandoah National Park to be administered and protected by the

National Park Service, and authorizing acceptance of lands tendered

without cost to the United States within the area of that park subject

to leases entered int~)and granted as part consideration in purchasing

said lands for tender to the United States for park purposesnn______

Act of Legislature of Virginia, approved March 22, 1928, ceding to the

United States exclusive jurisdiction over the Shenandoah National

Park in the State of Virginia uh_hnnn uh____________

3. MAMMOTH CAVE NATIONAL PARK

Act of February 21, 1925, providing for the securing of lands in the southern Appalachian Mountains and Mammoth Cave regions of Kentucky

for perpetual preservation as national parks__ __ __ _ _ _

n

_ _ _ __ _ _

h

_ n__

Act of May 25, 1926, providing for the e!'tablishment of the Mammoth

Cave National Park in the State of Kentucky, and specifying the minimum area (20,000 acres) to be administered and protected by the

National Park Service _ _ _ n

_ _ _ _ _ _ _ _ _ _

n

_ _ n_ _ _ __ _ _ n_ _ _ ___

Act of February 4, 1932, authorizing acceptance of lands tendered without cost to the United States within the area of the Mammoth Cave

National Park subject to leases entered into and granted as part consideration in purchasing said lands for tender to the United States for

park purposes___________________________________________________

4. .EVERGLADES NATIONAL PARK

Act of March 1, 1929, authorizing the Secretary of the Interior to investigate and report to Congress on the advisability and practicability of

establishing the Everglades National Park in the State of Florida _ _ __

5. ApOSTLE ISLANDS NATIONAL PARK

Act of May 9, 1930, authorizing the Secretary of the Interior to investigate .and report to Congress on the advisability and practicability of

establishing the Apostle Islands National Park in the State of Wisconsin__________________________________________________________

6. UPPER MISSISSIPPI NATIONALPARK

Act of June 14, 1930, authorizing the Secretary of the Interior to investigate and report to Congress on the advisability and practicability of

establishing the Upper Mississippi National Park in the States of Iowa,

Illinois, Wisconsin, and Minnesota_ _ _ _ h

__ _ __ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _

.

281

Pago

283

283

284

285

285

286

287

288

289

290

291

291
282 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

7. ISLE ROYALE NATIONAL PARK

Page

Act of March 3, 1931, providing for the establishment of the Isle Royale

Nation!l-l Park in the State of Michigan____________________________

Act of February 4, 1932, authorizing the acceptance of lands tendered

without cost to the United States within the area of the Isle Royale

National Park subject to leases entered into and granted as part consideration in purchasing said lands for tender to the United States for

park purposeB ~_____________________----.

292

292
1. Grandfather Mountain National Park

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending lune 30,

1918, and for other purposes," approved lune 12, 1917 (40 Stat.

152)

The Secretary of the Interior is authorized to accept Acceptanceof

for Park Pur l

)oses an y 'lands and ri ghts of wa y includin g

lands for park

, purposes.

the Grandfather Mountain, near or adjacent to the Government forest reserve in western North Carolina.

(U.S. C., title 16, sec. 453.)

2. Shenandoah National Park

An Act To provide for the securing of lands in the southern Appalachian Mountains and in the Mammoth Cave regions of Xentucky for perpetual preservation as national parks, approved

February 21, 1925 (43 Stat. 958)

Be it enacted by the Se1ULte and House of Representatives of the United States of .America in OO1l-g'ress

assembled, That the Secretary of the Interior is hereby

autporized and directed to determine the boundaries and

area of such portion of the Blue Ridge Mountains of

Virginia lying east of the South Fork of the Shenandoah River and between Front Royal on the north and

Waynesboro on the south as may be recommended by

him to be acquired and administered as a national park, NationalParks.

to be known as the Shenandoah National Park and such De.terminationof

.

f h S k M

.

I

. .

T ' d

areas to be-ac- portIOn 0 t e mo y ountams ymg m ennessee an quiredfor ShenNorth Carolina as may be recommended by him to be s~~~,~~_and

acquired and administered as a national park, to be ~~. TWIll. and

known as the Smoky Mountains National Park, and in "

the Mammoth Cave regions of Kentucky and also such LandsinMamother lands in the southern Appalachian Mountains as ~~~~~rK::

in his judgment should be acquired and administered as tucky.etc.

national parks, and to receive definite offers of donations

of lands and moneys, and to secure such options as in his Securingoptions.

jud~ent may be considered reasonable and just for the etc.

purchase of lands within said boundaries, and to report

to Congress thereon: Provided, That the Secretary of Proviao.

the Interior may, for the purpose of carrying out the

provisions of this Act, appoint a commission of five Commissiontobe

b d f t t

.

f th I t

. appointed. mem ers, compose 0 a represen a lve 0 e n enor (Referred

t" in

Department and four national park experts said four sec. 4, vol. 44, p.

b

.

h

.

(U' S C 6th 616. See p. 286. mem ers to serve WIt out compensatIOn. ...,

supp., title 16, sec. 403c.)

SEC. 2. A sum sufficient to secure options and to pay Amountauthorth f th '" .

t

ized for expenses. e necessary expenses 0 e commIsSIOn m carrymg ou

the provisions of this Act, including the salary of one

283
284 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

clerk to the commission at a rate not to exceed $2,000 per

annum, necessary traveling expenses of the members of

the commission, and $10 per diem in lieu of actual cost

of subsistence, in all, not to exceed $20,000 is hereby

authorized to be appropriated.

.

An Act To provide for the establishment of the Shenandoah :Na.

tional Park in the State of Virginia and the Great Smoky Mountain :National Park in the States of :North Carolina and Tennessee, and for other purposes, approved May 22, 1926 (44 Stat.

616)

NationalParke. Be it enacted. by the Senate arid House of Repre8entaShenandoah, Va.,.

f h U

. J S f A

. .

andGr~atSmokyhves 0 t e n~tetb tates 0 1ne7"lC(/)znongress 0 as- Mountains,N.C.,sembled That when title to lands within the areas here- andTenn.,eet , .

~ar :~' w~en inafter referred to shall have been vested in the United

ve~:di~r<b~tedStates in fee simple there shall be, and are hereby, estab-

~~~~S.intheBluelished, dedicated, and set apart as public parks for the

Ridge,Va. Seebenefit and enjoyment of the people, the tract of land in

¥~2t~~Great the Blue Ridge, in the State of Virginia, being approxi.

~:t~~:,~un~ndmately five hundred and twenty-one thousand acres recTenn:.

ommended by the Secretary of the Interior in his report

of April 14, 1926, which area, or any part or parts thereof

as may be accepted on behalf of the United States in

accordance with the provisions hereof, shall be known as

the Shenandoah National Park; and the tract of land

in the Great Smoky Mountains in the States of North

Carolina and Tennessee being approximately seven hundred and four thousand acres, recommended by the Secretary of the Interior in his report of April 14, 1926, which

area, or any part or parts thereof as may be accepted on

behalf of the United States in accordance with the provisiQns hereof, shall be known 3S the Great Smoky

Mountains National Park: Provided, That the United

States shall not purchase by appropriation of public

moneys any land within the aforesaid areas, but that such

lands shall be secured by the United States only by public

or' private donation. (U.S.C., 6th supp., title 16, sec.

403.)

SEC. 2. The Secretary of the Interior is hereby authorized, in his discretion, to accept as hereinafter provided

on behalf of the United States title to the lands referred

to in the previous section hereof and to be purchased

with the $1,200,000 which has been subscribed by the

~crPtf'ice3t. State of Virginia and the Shenandoah National Park

s~e~;ndo~hP~~kAssociation of Virginia and with other contributions for

area In Hrgima. the purchase of lands in the Shenandoah National Park

area, and with the $1,066,693 which has been subscribed by

In.SmokyMoun:the State of Tennessee and the Great Smoky Mountains

~~~nn~~:~d InConservation Association and by the Great Smoky MounNorthCarolina.tains (Incorporated ) (North Carolina) and with other

contributions for the purchase of lands in the Great

Smoky Mountains National Park area. (U.S.C., 6th

supp., title 16, sec. 403a.)

SEC. 3. That the adnlinistration, protection, and development of the -aforesaid parks shall be exercised under

""avila. Lands to be eecured only by

donation.
LEGISLATION RELATING TO PROPOSED NAT. PARKS 285

the direction of the Secretary of the Interior by the

National Park Service, subject to the provisions of the Nal1al P k Act of August 25, 1916, entitled "An Act to establish a servfc~toa':fmt...

National Park Service and for other Pur poses" as

iater,etc.

,

.

, Vol.39,p, 535. amended: Pr()Vided, That the provisions of the Act ap-

~~~. proved June 10, 1920, known as the Federal Water Power WaterP~werAct

Act shall not app ly to these Parks: And P1'ovid.ed n

v

ot

l

applicable.

,

0 . 41, p. 1068. fwrther, That the minimum area to be administered and

protected'by the National Park Service shall be for the

Shenandoah National Park area two hundred and fifty

thousand acres 1 and for the Great Smoky Mountains

National Park area one hundred and fifty thousand acres:

Provided further, That no general development of either Minimumana

of these areas shall be undertaken until a major portion Tecift:od'b

of the remainder in such area shall have been accepted by cer:edbJo:eosaid Secretary. (U.S. C., 6th supp., title 16, sec. 403b.) ~!de.development

SEC. 4. The Secretary of the Interior may £01' the pllr- crmmlssionem.

pose of carrying out the provisions of this Act employ ~o~~~i,p,968.

the commission authorized by the Act approved February Seep,288.

21, 1925. (U.S.C., 6th supp., title 16, sec. 403c.)

An Act To establish a minimum area for a Shenandoah National

Park, for administration, protection, and general development by

the National Park Service, and for other purposes, approved February 16, 1928 (411Stat. 109)

Be it enacted by the Senate and HOWle of Representatives of the United States of America in Oongres8 asbl d Th t t

1. .. f d "

t t '

Shenandoab Na. sem e, a Jle minimum area or a minis ra lon,_pro- tionalParkVa.

tection, and general development by the National Park M~bf;:: ~~

of,

Service in the Shenandoah National Park l

the estab- ~ol.u, ~.'616,

lishment of which is provided for by the ct of Con- m~ded BeePo

gress approved May 22, 1926 (Forty-fourth Statutes,

page 616)

~

be, and the same is hereby, established as

three hundred and twenty-seven thousand acres, and so

much of the said Act of May 22 1926, as is inconsistent

herewith is hereby repealed. (U.S.C., 6th supp., title

16, sec. 403d.)

SEC. 2. That the Secretary of the Interior is hereby ~o:u~~

authorized to lease lands within the Shenandoah Na- G~ts0J~ndaIn

tional Park and Great Smoky Mountains National Park O=Smoty8D

for periods not exceedin~ two years, upon such condi- Monntains Parks.

tions as he may in his discretion deem J,>roper,to persons and educational or religious institutIOns occupying

same or who had or claim to have had some interest in

the title to the same prior to the establishment of the

park. (U.S. C., 6th supp., title 16, sec. 403e.)

An Act To establish a minimum area for a Shenandoah National

Park, for administration, protection, and general development by

the National Park Service, and for other purposes, approved February 4, 1932 (47 Stat. 37)

Be it enacted by the Senate and HOWle of Representatives of the United States of America in Oonqress assembled, That the minimum area for administration,

1 Amended by VoL 47, p. 87.
286 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

:;jtl~oahk.Na. protection, and general development by the National

A~ foradevelOP' Park Service in the Shenandoah National Park, the

~:: ~~~~~ establishment of which is provided for by the Act of

~~li~ed. 616 Congress approved May 22, 1926 (44 Stat. 616), be, and

s~'P. 2St .the same is hereby, established as one hundred and sixty

:~p~~8R: 109. thousand acres, and so much of the said Act of May 22,

1926, and of the Act of February 16, 1928 (45 Stat. 109),

as is inconsistent herewith is hereby repealed. (U.S.C.,

6th supp., title 16, sec. 403d.)

~~:~ced ofb- SEC. 2. That the Secretary of the Interior be, and he

JecttoIe:.&.BUis hereby, authorized in his discretion to accept title to

lands tendered without cost to the United States withih

the areas of the Shenandoah National Park, the Great

Smoky Mountains National Park, Mammoth Cave National Park, and the Isle Royale National Park, subject

to leases entered into and granted as part consideration

in connection with the purchase of said land for tender

to the United States for park purposes, but not excMding in length of term t4e life of the particular grantor

PrOWOI, or grantors: Provided, That said leases and the terms

:M;v~ r~eBi:and conditions thereof shall have previously been subterior,required.mitted to and approved by said Secretary: And provided

tutb'iri~to further, That he may lease upon such terms and condi, easean tions as he deems proper any lands within the aforesaid

areas when such use shall not be deemed by him inconsistent with the purposes for which the lands were acquired on behalf of the United States, to persons, educational or religious institutions, private corporations,

associations, and partnerships previously occupyin~ such

land for terms not exceeding the particular lifetime in

the case of natural persons, and not exceeding twenty

years in all other cases, which latter leases may be renewed in the discretion of said Secretary: And provided

Acceptance of f urther , That the Secretar y 0.

f the Interior ma y acce p t lands subject to easementa, etc. lands for these parks subject to reservations of rights of

way and easements. (U.S.C., 6th supp., title 16, sec.

403f.)

Act of General Assembly of Virginia ceding to the United States

exclusive Jurisdiction over the Shenandoah National Park in

the State of Virginia, approved March 22, 1928 (Acts of

Assembly of Virginia, 1928, p. 983)

Be it enacted by the General Assembly of Virginia as

follow8 :

.

* * *

.

SEC.7. The United States of America is authorized to

acquire by deed or conveyance pursuant to this act land

or lands within the area specified and described in sections three (3) and four (4) of this act, and exclusive

jurisdiction shall be and the same is hereby ceded to the

United States of America over and within all the territory in the State of Virginia which is included ,within

the area described in sections three (3) and four (4) of
LEGISLATION RELATING TO PROPOSED NAT, PARKS 287

this act, and deeded and conveyed to it, pursuant to the

terms and conditions of section six (6) of this act; saving,

however, to the State of Virginia the right to serve civil

or criminal process within the limits or the land or lands

thus deeded or conveyed, in snits ar prosecutions for or

on account of rights acquired, obligations incurred, or

crimes committed in said State outside of said land or

lands, and on account of rights acquired, obligations incurred, or crimes committed, on or within said lands,

prior to the date of the giving or service of notice as

hereinafter provided, of the assumption of police jurisdiction over such land or lands by the United States; and,

saving further, to the said State, the right to tax sales

of gasoline and other motor vehicle fuels and oil for use

in motor vehicles, and to tax persons and corporations,

their franchises and properties, on land or lands deeded

or conveyed as aforesaia; and saving, also, to persons

residing in or on any of the land or lands deeded or conveyed as aforesaid the right. to vote at all elections within

the county in which said land or lands are located, upon

like terms and conditions and to the same extent as they

would be entitled to vote in such county had not such

lands been deeded or conveyed, as aforesaid, to the United

States of America; provided, nevertheless, that such

jurisdiction shall not vest in the United States of America

unless and until it, through the proper officer or officers,

notifies the governor and through him the State of

Virginia, that the United States of America assumes

police jurisdiction o.ver the land or lands thus deeded and

conveyed. Power is hereby expressly conferred on the

congress of the United States to enact such laws as it

may deem necessary for the acquisition of the said lands

within the area prescribed in sections three (3) and four

(4) of this act, and further, to enact such laws and to

make and provide for the making o.f such rules and regulations, of both civil and criminal nature, and to provIde

punishment therefor, as in its judgment may be proper in

the exercise of the jurisdiction hereby conveyed.

* * *

* *

SEC. 9. An emergency existing, this act shall be in

force from its passage.

3. Mammoth Cave National Park

An Act To provide for the securing of lands in the southern Appalachian Mountains and in the Mammoth Cave regions of Kentucky for perpetual preservation as national parks, approved

February 21, 1925 (43 Stat, 958)

Be it enacted by the Senate and H Oltse of Repl'e8cnta- NationalP~l'k.,

,

f

th U 't d S f A

. ,

0

DetelminatlOn t~ve8 0 "e 'm e tates 0 mcnca ~n ongl'CS8 as- of areas 10 be

sembled, That the Secretary of the Interior is hereby Sh~~~r::o:~r Va

authorized and directed to determine the boundaries and S

M

nd Sm,oky'

.

f h t

.

f h Bl R' d l\K

'

ounlsms. area 0 suc porIon 0 t e ue. 1 ge ~ountaIl1S of Tenn.and N.C:,
288 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Virginia lying east of the South Fork of the Shenandoah River and between Front Royal on the north and

'Vaynesboro on the south as may be recommended by

him to be acquired and administered as a national parlr,

to be known as the Shenandoah National Park, and such

portion of the Smoky Mountains lying in Tennessee and

North Carolina as may be recommended by him to be

acquired and administered as a national park, to be

known as the Smoky Mountains National Park, and

in the Mammoth Cave regions of Kentucky and also

such other lands'in the southern Appalachian Mountains

as in his judgment should be acquired and administered

as national parks, and to receive definite offers of donaSecuringoptionstions of lands and moneys, and to secure such options as

etc. 'in his judgment may be considered reasonable and just

:for the purchase of lands within said boundaries, and

Provis/? to report to Congress thereon: Provided, That the SecComrmssion to t f th I

.

f h :f .

be allpointed. re ary 0 e ntenor may, or t e purpose 0 carrymg (Referredto In out the Provisions of this Act app omt a commission of see. 4, vol. U, ,

p. 635. See five members, composed of a representative of the Inp.289.) terior Department and four national park exper~~ said

:four members to serve without compensation. ( U.S.C.,

6th supp., title 16, sec. 403c.)

Amoi~at SEC. 2. A sum sufficient to secure options and to pay

:~~:s.

or ex-the necessary expenses of the commission in carrying out

the provisions of this Act, including the salary of one

clerk to the, commission at a rate not to exceed $2,000

per annum, necessary traveling expenses of the members

of the commission, and $10 per diem in lieu of actual

cost of subsistence, in all, not to exceed $20,000 is hereby

a.uthorized to be appropriated.

An Act To provide for the establishment of the Mammoth Cave

National Park in the State of Kentucky, and for other purposes,

approved May 25, 1928 (44 Stat. 835)

National Park.

Mammotb Be it enacted by the Senate and lIouse Of Re p resenta- Cave, . . .

l{y.,.et apart tives of the United States of Amerwa ~n Oongress as-

~h~~e~obre~~~~~ sembled, That when title to lands within the area herein UnitedStates.inafter referred to shall have been vested in the Unitf\d

States in fee simple, there shall be, and there is hereby,

established, dedicated, and set apart as a public park for

the benefit and enjoyment of the people, the tract of land

in the Mammoth Cave region in the State of Kentucky,

being approximately seventy thousand six hundred and

eighteen acres, recommended as a National Park by the

Southern Appalachian National Park Commission to the

~~~'1~:i~~'958.Secretary of the Interior, in its report of April 8, 1926, Seep.287. and made under authority of the Act of February 21,

1925; which area, or any part or parts thereof as may

be accepted on behalf of the United States in accordance

with the provisions hereof, shall be known as the Mammoth Cave National Park: Provided, That the United

States shall not purchase by appropriation of public

Lands in Mam.

motb Cave regions of Ken.

tucky. etc.

ProlliBo.

Lands to be secured only by

donation.
LEGISLATION RELATING TO PROPOSED NAT. PARKS 289

moneys any land within the aforesaid area, but such

lands shall be secured by the United States only by public or private donation. (U.S.C., 6th supp., title 16, sec.

404.)

SEC. 2. The Secretary of the Interior is hereby author- Acceptance01

ized, in his discretion, to accept, as hereinafter provided, ~~~e~l~~~ on behalf of the United States, title to the lands referred thorized.'

to in the previous section hereof, pnd to be purchased

with the funds which may be subscribed by or through

the Mammoth Cave National Park Association of Kentucky, and with other contributions for the purchase of

lands in the Mammoth Cave National Park area: Pro- b~ov;~o.

vided, That any of said lands may be donated directly to a.:~ ac:~~~:

the United States and conveyed to it, cost free, by' feesimple title, in cases where such donations may be made

without the necessity of purchase; (U.S.C., 6th supp.,

title 16, sec. 404a.)

SEC. 3. The administration, protection, and develop- NationalPark

ment of the aforesaid park shall be exercised under the Set':i~eto ~- direction of the Secretary of the Interior by the National mm. er, e .

Park Service, subject to the provisions of the Act of.

August 25, 1916, entitled "An Act to establish a National :01. 3:. p. 585.

Park Service, and for other purposes," as amended: Pro- P~:,\''':'o;

vided, That the provisions of the Act approved June 10, ~~t:~~i';bi~ct

1920, known as the Federal Water Power Act, shall not

apply to this park: And provided further, That the min- V<.>I.. n, p. 1063.

imum area to be administered' and protected by the N a- ::'l'::;;~:d':' area

tional Park Service shall be, for the said Mammoth Cave

National Park, twenty thousand acres, including all of

the caves: Provided further, That no general development of said area shall be undertaken until a major por- Areato be

tion of the remainder in such area shall have been acceptedbelore

. . anydevelopment accepted by said Secretary. (U.S.C., 6th supp., title 16, made.

sec. 404b.)

SEC. 4. The Secretary of the Interior may, for the purpose of carrying out the provisions of this Act, employ Commission

the commission authorized by the Act approved Febru- employed.

ary 21,1925. (U.S. C., 6th supp., title 16, sec. 404c.) ~:~/:8l' 959.

An Act To establish a minimum area for a Shenandoah National

Park, for administration, protection, and general development

by the National Park Service, and for other purposes, approved

February 4, 1932 (47 Stat. 37)

Be it e11.actedby the Senate and House of RepJ'esenta- ShenRndoah Nat

.

f

t

1 U 't d St t

f A

.

' 0

tiona! Park. loVeS 0 lie n1, e a es 0 menca zn O11.gl'ess assem- Area for deble~, That the minimum area for administr~tion, pro- ~~~i~':::ln~~:k

tectlOn, and general development by the Nahonal Park 8.mice,estabService in the Shenandoah National Park, the establish- hsheu.

ment of which is provided for by the Act of Congress

approved May 22, 1926 (44 Stat. 616), be, and the same

is hereby, established as one hundred and sixty thousand Vol.44,p. 616.

acres, and so much of the said Act of May 22, 1926, and Seep.284.

of the Act of February 16, 1928 (45 Stat. 109), as is Vol.45,p. 109.

inconsistent herewith is hereby repealed. Seep.285.
290 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Aceeptanceof SEC. 2. That the Secretary of the Interior be, and he

tiUeto land, is hereby, authorized in his discretion to accept title to IUbjectto leases.lands tendered without cost to the United States within

the areas of the Shenandoah National Park, the Great

Smoky Mountains National- Pllrk, Mammoth Cave Nittional Park, and the Isle Royale National Park, subject

to leases entered into and granted as part consideration

in connection with the purchase of said land for tender

to the United States for park purposes, but not exceeding in length of term the life of the particular gr,antor

ProNo or grantors: Provided, That said leases and the terms

APPIOV~of and conditions thereof shall have previously been sub-

=;I~~le~f themitted to and approved by said Secretary: .And proT~d"t to vided further, That he may lease upon such terms and

le:.e1)1~~s. conditions as he deems proper any lands within the aforesaid areas when such use shall not be deemed by him

inconsistent with the purposes for which the lands were

acquired on behalf of the United States, to persons,

educational or religious institutions, private corporations, associations, and partnerships previously occupying such land for terms not exceeding the particular lifetime in the case of natural persons, and not exceeding

twenty years in all other cases, which latter leases may

be renewed in the discretion of said Secretary: .And provided fw,the?', That the Secretary of the Interior may

accept lands for these parks subJect to reservations of

rights of way and easements. (U.S.C., 6th supp., title

16, sec. 404d.)

Acceptance of

lands subject

to easements.

ete.

4. Everglades National Park

An Act To authorize the Secretary of the Interior to investigate

and report to Congress on the advisability and practicability of

establishing a national park to be known as the Tropic Everglades National Park in the State of Florida, and for other purposes, approved March 1, 1929 (45 Stat. 1443)

Be it enacted by the SeruLte and House of Representatit'es of the United States of America in Oongress

~~:fl~ae:k~~ c:ssh

emb

b

led'

d

~hat t

d

he S~creta~y of the

d

Interior be

C'

and he

InveBtigation IS ere y, Irecte to mvesttgate an report to ongress

::~i"::~ t~!.ad as to the desirability and practicability of establishing a

=gWt1 of national park, to be known as the Tropic Everglades IS Dg. National Park, in the everglades of Dade, Monroe, and

Collier Counties of the State of Florida, for the benefit

and enjoyment of the people of the United States and

to preserve said area in its natural state, including in his

report full information as to the ownership, value, estimated cost to acquire and character of the lands involved

and his opinion as to whether such areas measure up to

Expensesfrom national park standards. Any appropriations for the

r:~f;e~lPark National Park Service shall be available for the necessary expenses of such investigation.
LEGISLATION RELATING TO PROPOSED NAT. PARKS 291-

S. Apostle Islands National Park

An Act To authorize the Secretary of the Interior to investigate

and report to Congress on the advisabillty and practicabillt:y of

establishing a national park to be known as the Apostle Islands

National Park in the State of Wisconsin, and for other purposes,

approved Kay 9, 1930 (48 Stat. 284)

Be it enacted by the Sen<de and House of Representatives of the United St<des of America in Oongress

assembled, That the Secretary of the Interior b~ and he ~post1eIs!

.

ana

is hereby, directed to investigate and report to lJongress ~i~onalPark,

as ~o the desirability and practicability of establishing a ~:d~~::~o:. to

natIOnal park to be known as the Apostle Islands N.a- deslrabillt7of

tional Park, located in the northern part of the counties :~~~":r'

of Ashland and Bayfield, in the State of Wisconsin, and

known as the Apostle Island Group in Lake Superior,

for. the benefit and enjoyment of the people of the United

States and to preserve said area in its natural state,

including in his report full information as to the ownership, value, estimated cost to acquire, and character of

the lands involved and his opinion as to whether such

areas measure up to national park standards.

6. Upper :Mississippi National Park

An Act To authorize the Secretary of the Interior to investigate

and report to Congress on the advisabillt:y and practicability of

establishing a national park to be known as the Upper Mississippi National Park in the States of Iowa, Illinois, Wisconsin,

and Minnesota, approved lune 14, 1930 (48 Stat. 588)

Be it enacted by the Sen<de and House of Representa- ~~:rrN~h~

tives of the United States of America in Oongress as- Park.

sembled, That the Secretary of the Interior be, and he

is hereby, directed to investigate and report to Congress Investigation,

as to the desirability and practicability of establishing ::~bMt~~r

a national park, to be known as the Upper Mississippi =-~~~~i~ National Park, along the Mississippi River in the coun- InterIor.

ties of Jackson, Dubuque, Cl'8.yton, and Allamakee of AreaIncluded.

the State of Iowa; the county of J 0 Daviess of the State

of Illinois; the counties of Grant, Crawford, Vernon,

La Crosse, Trempealeau, Buffalo, Pepin, and Pierce of

the State of Wisconsin; and the counties of Houston,

Winona, Wabasha, Goodhue, Dakota, and Washington

of the State of Minnesota and vicinity' for the benefit

and enjoyment of the people of the United States and

to preserve said area in its natural state, including in Ene t f his "- report full information as to the ownership, value, u 0 repo

estimated cost to acquire, and character of the lands

involved and his opimon as to whether such areas measure up to national-park standards.
An Act To provide tor the establishment ot the Isle Royale National Park, in the State ot Michigan, and tor other purposes,

approved March 3, 1931 (46 Stat. 1514)

~~~i~~a~ark. Be it enacted by the Senate and House of Representa- Mlch. tives of the United States of .Am.erica in Oongress assembled, That when title to all alienated lands within

Isle Royale in Lake Superior, Keweenaw County, Michigan, and immediately surrounding islands as shall be

designated by the Secretary of the Interior in the exercise of his judgment and discretion as necessary or desirable for national-park purposesl shall have been vest.ed

in the United States and exclusIve jurisdiction over the ~~blishment.same shall have been ceded by the State of Michigan to

the United States, said area shall be, and is hereby, established). dedicated, and set apart as a public park for

the benent and enjoyment of the people, and shall be

known as the Isle Royale National Park: Provided, That

the United States shall not purchase by appropriation

of public moneys any lands within the aforesaid area,

but such lands shall be secured by the United States only

by public or private donation. (U.S.C., 6th supp., title

16, sec. 408.) .

SEC. 2. The Secretary of the Interior is hereby authorized, in his discretion and upon submission of evidence

~IT:~tanceof of title satisfactory to him, to accept on behalf of the

United States title to any lands located on said islands

offered to the United States, without cost, as may be

deemed by him necessary or desirable for national-park

purposes. (U.S.C., 6th supp., title 16, sec. 408a.)

Administration S 3 Th d "

t t

.

t t

.

byNationalPark EC.. e a mlnlS.fa lOn, proec lon, an d deve IopService. ment of the aforesaid park shall be exercised under the

direction of the Secretary of the Interior by the N ational Park Service, subject to the provisions of the Act Vol. 89, p. 585. Seep.9. of Au g ust 25, 1916 (39 Stat. 535 )

, entitled "An Act to

establish a National Park Service, and for other pur-

~~~'water poses," as amended: Provided, That the provisions of

POifr~ct not the Act approved June 10, 1920, known as the Federal

~~. c:1.ep. Water Power Act, shall not apply to this park. (U.S.C., 1068. 6th supp., title 16, sec. 408b.)

An Act To establish a minimum area tor a Shenandoah National

Park, for administration, protection, and general development

by the National Park Service, and for other purposes, approved

February 4, 1932 (47 Stat. 37)

Be it enacted by the Senate and House of Representatives of the United States of .America in Oongress assembled, That the minimum area for administration,

protection, and general development by the National

Park Service in the Shenandoah National Park, the estab292

PrOfJi,o.

Lands to be secured without

Fedet'lll cost.

Sbenandoab National Park.

Area for development by

LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

7. Isle Royale National Park
LEGISLATION RELATING TO PROPOSED NAT. PARKS 293

lishment of which is provided for by the Act of Congr~ NationalPuk

approved May 22, 1926 (44 Stat. 616)-, be, and the same ~~~estabis hereby, established as one hundred and sixty thousand :~p'4:8l' 818.

acres, and so much of the said Act of May 22, 1926, .

and of the Act of February 16, 1928 (45 Stat. 109), Vot 45.Po100.

as in inconsistent herewith is hereby repealed. Seep.185.

SEC. 2. That the Secretary of the Interior be, and he

is hereby, authorized in his discretion to accept title to ~~~~r

lands tendered without cost to the United States within rbject to .

the areas of the ShenandoahNational Park, the Great -

Smoky Mountains National Park, Mammoth Cave National Park, and the Isle Royale National Park, subject to leases entered into and granted as part consideration in connection with the purchase of said land for

tender to the United States for park purposes, but not

exceeding in length of term the life of the particular

grantor or grantors: Provided, That said leases and I"roftIoa.

the terms and conditions thereof shall have previously A al fth been submitted to and approved by said Secretary: .And S~~ry~fth:

provided further, That he may lease upon such terms and ~~:r.r reconditions as he deems proper any lands within the Authorityto

aforesaid areas when such use shall not be deemed by leaseland8.

him inconsistent with the purposes for which the lands

were acquired on behalf of the United States, to persons,

educational or religious institutions, private corporations, associations, and partnerships previously occupying such land for terms not exceedmg the particular

lifetime in the case of natural persons, and not exceeding twenty years in all other cases, which latter leases

may be renewed in the discretion of said Secretary: .And

provided further, That the Secretary of the Interior may

accept lands for these parks subject to reservations of =~gj~ to

rights of wa.y and easements. (U.S.C., 6th supp., title easements, eto.

16, sec. 40Rc.)
IV. LEGISLATION RELATING TO NATIONAL MONUMENTS

An Act for the Preservation of American Antiquities, approved June 8,1906_

Uniform Rules and Regulations Prescribed by the Secretaries of the Interior, Agriculture, and War to carry out the Provisions of the" Act for

the Preservation of American Antiquities", promulgated on December

28,1906________________________________________________________

1. RIVERSIDE COUNTY, CALIF. 1

Act of August 26, 1922, authorizing the dedication of certain lands" in

Riverside County, Calif., as a national monument_ ___ __ ___ _____

2. CASA GRANDE RUINS NATIONAL MONUMENT

Act of June 7, 1926, restoring certai~ lands within Casa Grande Ruins

National Monument to the public domain _" ___

Act of June 13, 1930, authorizing use of right of way by United States

Indian Service through Casa Grande Ruins National Monument" in

connection with the San Carlos irrigation project_ _ _ _ _ __ __ __ __ __ _ _ _ ___

3. BADLANDS NATIONAL MONUMENT 1

Act of March 4, 1929, establishing the Badlands National Monument in

the State of South Dakota_ _____________________ ____

4. GEORGE WASHINGTON BIRTHPLACE NATIONAL MONUMENT

Act of January 23, 1930, authorizing an appropriation for improvements

upon Government-owned land at Wakefield, Va., the birthplace of

George Washington, and establishing the George Washington Birthplace National MonumenL_ __ _ _ _ _ _ ___ ___ ___ _____

5. PAPAGO SAGUARO NATIONAL MONUMENT 2

Act of April 7, 1930, abolishing the Papago Saguaro National Monument,

Ariz., to provide for disposition of certain lands therein for park and

recreational purposes_ _ _ _ ___ _____ __ ___ ___ __ ___ ___ __ ___ __ ____

6. PETRIFIED :FOREST NATIONAL MONUMENT

Act of May 14, 1930, authorizing exchanges of lands with owners of privateland holdings within the Petrified Forest National Monument., Ariz _ _ _ __

7. COLONIAL NATiONAL MONUMENT

Act of July 3, 1930, providing for the creation of the Colonial National

Monument in the State of Virginia_ _ __ _ _ __ _ __ _ __ __ _ __ __ _ __ _ _ _ __ ____

Act of March 3, 1931, authorizing appropriation for Colonial National

Monument and extending area to not to exceed 4,500 acres____________

8. CANYON DE CHELLY NATIONAL MONUMENT

Act of February 14, 1931, authorizing the President to establish the

Canyon de Chelly National Monument within the Navajo Indian

Reservation, Arizona_ _ _ _ _ _ __ _ _ _ _ __ __ __ _ __ _ __ __ _ _ __ __ __ __ _ __ _ _ ___

Act of March 1, 1933, amending the description of land described in section

1 of the Act of February 14, 1931, entitled" An Act To authorize the

President to establish the Canyon de Chelly Nationttl Monumeilt within

the Navajo Indian Reservation, Ariz."_____________________________

I Proposed for nati011al monument...

. Abolished.

294

Pagtt

296

298

301

302

30Z

302

306

307

310

311

313

313

315
LEGISLATION RELATING TO NATIONAL MONUMENTS

9. CHACO CANYON NATIONAL MONUMENT

10. CRATERS OF THE MOON NATIONAL MONUMENT

Act of February 21, 1931, authorizing exchanges of land with owners of

private-land holdings within the Craters of the Moon National Monument,Idaho____________________________________________________

11. DEATH VALLEY NATIONAL MONUMENT

Act of June 13, 1933, extending the mining laws of the United States to the

Death Valley National Monument in California_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

295

Pace

315

317

318
An Aot For the preservation of American antiquities, apprC)ved

;rune 8, 1908 (34 Stat. 225)

. Be it enacted by the Senate and House of Representatives of the United States of America in Oongress assembled, That any person who shall appropriate, excavate, ~:~~~t~ injure, or destroy any historic or prehistoric ruin or excavations, etc.

monument, or any object of antiquity, situated on lands

owned or controlled by the Government of the United

States, without the permission of the Secretary of the

department of the Government having jurisdiction over

the lands on which said antiquities are situated, shall,

upon conviction, be fined in a "sum of not more than

five hundred dollars or be imprisoned for a period of

not more than ninety days, or shall suffer both fine and

imprisonment, in the discretion of the court. (U.S.C.,

title 16, sec. 433.) .

SEC. 2. That the President of the United States is S~ttingapartof

h b h ' d

.

h

';]' .

d 1 b bl'

histOriC, etc.,

ere y aut OrIze , III IS \llscretlOn, to ec are y pu ICpubliclands.

proclamation historic landmarks, historic and prehistoric

structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be

national. monuments, and may reserve as a part thereof

parcels of land, the Fmits of which in all cases shall be

confined to the smallest area compatible with the proper

care and management of the objects to be protected:

Provided, That when such objects are situated upon a ~,.l~fv~,*ment

tract covered by a bona fide unperfected claim or held in claims.

private ownership, the tracts, or so much thereof as may

be necessary for the proper care and management of the

object, may be relinquished to the Government, and the

Secretary of the Interior is hereby authorized to accept

the relinquishment of such tracts in behalf of the Government of the United States. (U.S.C., title 16, sec. 431.)

S 3 Th t

.

f h ' t ' f

.

th EC.. Permits for a permIts or t e examlna IOn 0 rUIns, e excavations.

excavation of archreological sites, and the gathering of

objects of antiquity upon the lands under their respective

jurisdictions may be granted by the Secretaries of the

Interior, Agriculture, and War to institutions which they

may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and

regulations as they may prescribe: Provided, That the ~.~e::~;:S~lon In

examinations, excavations, and gatherings are undertaken

for the benefit of reputable museums, uni.versities, co\-

leges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such

296
LEGISLATION RELATING TO NATIONAL MONUMENTS 297

objects, and that the gatherings shall be made for permanent preservation in public museums. (D.S.C., title

16, sec. 432.)

SEC.4. That the Secretaries of the departments afore- Regu1ations.

said shall make and publish from time to time uniform

rules and regulations for the purpose of carrying out

the provisions of this act. (D.S.C., title 16, sec. 432.)
UNIFORM RULES AND REGULATIONS

Prescribed by the Secretaries of the Interior, Agriculture, and War to Carry

Out the Provisions of the "Act for the Preservation of American Antiquities," approved June 8, 1906 (34 Stat. 225)1

1. Jurisdiction over ruins, archeological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks, and other objects of historic or scientific interest, ;;hall be

exercised under the act by the respeCtiv'e Departments as follows:

By the Secretary of Agriculture over lands within the exterior

limits of forest reserves, by the Secretary of War over lands within

the e~terior limits of military reservations, by the Secr~tary of the

InterIOr over all other lands owned or controlled by the Government

of the United States, provided the Secretaries of War and Agriculture may by agreement cooperate with the Secretary of the Interior in the supervision of such monuments and objects covered by

the act of June 8, 1906, as may be located on lands near or adjacent

to forest reserves and military reservations, respectively.

2. No permit for the removal of any ancient monument or structure which can be permanently preserved under the control of the

United States in situ, and remain an object of interest, shall be

granted.

3. Permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity will be

granted, by the respective Secretaries having jurisdiction, to reputable museums, universities, colleges, or other recognized scientific

or educational institutions, or to their duly authorized agents.

4. No exclusive permits shall be granted for a larger area than

the applicant can reasonably be expected to explore fully and systematically within the time limit named in the permit.

5. Each application for a permit should be filed with the Secretary

having jurisdiction, and m~st be accompanied by a definite outline

of the proposed work, indicating the name of the institution making

the request, the date proposed for beginning the field work, the

length of time proposed to be devoted to it, and the person who will

have immediate charge of the work. The application must also contain an exact statement of the character of the work, whether examination, excavation, or gathering, and the public museum in which the

collections made under the permit are to be permanently preserved.

The application must be accompanied by a sketch plan or description of the particular site or area to be examined, excavated, or

searched, so definite that it can be located on the map with reasonable accuracy.

I See p. 296.

298
LEGISLATION RELATING TO NATIONAL MONUMENTS 299

6. No permit will be granted for a period of more than three years,

but if the work has been diligently prosecuted under the permIt, the

time may be extended for proper cause upon application.

7. Failure to begin work under a permit within six months after it

is granted, or failure to diligently prosecute such work after it has

been begun, shall make the permit void without any order or proceeding by the Secretary having jurisdiction.

8. Applications for permits shall be referred to the Smithsonian

Institution for recommendation.

9. Every permit shall be in writing and copies shall be transmitted to the Smithsonian Institution and the field officer in charge

of the land involved. The permittee will be furnished with a copy

of these rules and regulations:-

10. At the close of each season's field work the permittee shall report in duplicate to the Smithsonian Institution, in such form as its

secretary may prescribe, and shall prepare in ,duplicate a catalogue of

the collections and of the photographs made during the season,

indicating therein such material, if any, as may be available for

exchange.

11. Institutions and f

ersons receiving permits for excavation shall,

after the completion 0 the work, restore the lands upon which they

have worked to their customary condition, to the satisfaction of ~he

field officer in charge.

12. All permits shall be terminable at the discretion of the Secretary having jurisdiction.

13. The field officer in charge of land owned or controlled by the

Government of the United States shall, from time to time, inquire

and report as to the existence, on or near such lands, of ruins and

archeological sites, historic or prehistoric ruins or monuments,

objects of antiquity, historic landmarks, historic and prehistoric

structures, and other objects of historic or scientific interest.

14. The field officer in charge may at all times examine the permit

of any person or institution claiming privileges granted in accordance with the act and these rules and regulations, and may fully

examine all work done under such permit.

15. All persons duly authorized by the Secretaries of Agriculture,

War, and Interior may apprehend or cause to be arrested, as. provided in the act of February 6, 1905 (33 Stat. 700)2 any person

or persons who appropriate, excavate, injure, or destroy any historic

or prehistoric ruin or monument, or any object of antiquity on lands

under the supervision of the Secretaries of Agriculture, War, and

Interior, respectively.

16. Any object of antiquity taken, or collection made, on lands

owned or controlled by the United States, without a permit, as prescribed by the act and these rules and regulations, or there taken or

made, contrary to the terms of the permit, or contrary to the act and

these rules and regulations... may be seized wherever found and at

any time, by the proper fiel<1officer or by any person duly authorized

by the Secretary having jurisdiction, and disposed of as the Secretary s11.alldetermine, by deposit in the proper national depository or

otherwIse.

I See p. 4.
300 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

17. Every collection made under the authority of the act and of

these rules and regulations shall be preserved in the public museum

designated .in the permit and shall be accessible to the public. No

such collection shall be removed from such public museum without

the written authority of the Secretary of the Smithsonian Institution, and then only to another public museum, where it shall be

accessible to the public; and when any public museum, which is a

depository of any collection made under the I?rovisions of the act

and these rules and regulations, shall cease to eXist, every such collection in such public museum shall thereupon revert to the national

collections and be placed in the proper national depository.

WASHINGTON,D.C., December ~8, 1906.

The foregoing rules and regulations are hereby approved in triplicate and, under authority conferred by law on the Secretaries of the

Interior, Agriculture, and War, are hereby made and established, to

take effect immediately.

E. A. HITCHCOCK,

Secretary of the Interior.

JAMES WILSON,

Secretary_ O[ Agriculture.

WM:.H. TAFl',

Secretary of War.
1. Riverside County, California

An Act Authorizing the Secretary of the Interior to dedicate and

set apart as a national monument certain lands in RiversUe

County, California, approved August 26, 1922 (42 Stat. 832)

Be it enacted by the Senate and House of Representa- Pub!iclands.

.

f h U

.

d S f A

. .

0

National monutwes 0 t e mte tates 0 menca '/,n ongress a8- m~ntsetapartin

sembled, That the Secretary of the Interior be, and he is ~~~::deCalii.

hereby, authorized to set apart the following-described Vol.84.p. 225.

lands located in the county of Riverside, in the State of

Seep.296.

California, as a national monument, which shall be under

the exclusive control of the Secretary of the Interior,

who shall administer and protect the same under the provisions of the Act .of Congress approved June 8, 1906,

entitled "An Act for the preservation of American antiquities," and under such regulations as he may prescribe: The west half of the sout~west quarter of sect~on Description.

two, the southeast quarter of sectIOn three, all of sectIOn

ten, the west half of the northwest quarter of section

eleven, all of section fourteen, all in township five south,

range four east, San Bernardino base and meridian, containing one thousand six hundred acres: Provided, That P,'ovl8o.

~efore such reservation ~nd dedication as herein. aut~or- ~fel~i'~~i~fmA~

Ized shall become effectIve the consent and rehnqUlsh- CalienteBandof

ment of the Agua Caliente Band of In,dians shall first ~bt~~~:d.to

be

be obtained, covering its right, title, and interest in and

to the lands herein described, and payment therefor to

the members of said band on a per capita basis, at a price

to be agreed upon, when there shall be donated for such

purposes to the Secretary of the Interior a fund in an

amount to be fixed and determined by him as sufficient

to compensate the Indians therefor. (D.S.C., title 16,

sec. 434.)

SEC. 2. That in order to determine the amount to be Negotiations

paid under the preceding section the Secretary of the d'l:~t~~ian8

Interior is authorized and directed to negotiate with said

Indians to obtain their consent and relinquishment, and

when such consent and relinquishment has been obtained

and an agreement reached the Secretary of the Interior is

further authorized to make payment from said donated

fund for the lands relinquished to the enrolled members

of the said Agua Caliente Band as authorized by section

1 of this Act: Provided, That the consent and relinquishment of the Indians may be obtained and payment made

for the lands in such manner as the Secretary of the

Interior may deem advisable: Provided further, That P~ovi.o..

th t

.

ht d

.

1

.

I d "

. D,scretionary

. e wa er rIg s, am, pIpe mes, cana s, an IrrIgatIOn authority.

301
302 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

:~~:~r:~hts of structures located in sections two and three of township

served, five south, range ':four east, San Bernardino meridian,

and also all water and water rights in Palm Canyon, are

hereby excepted from this reserve and shall remain under

the exclusive control and supervision of the Bureau of

Indian A.ffairs.

Wa~~PoWertActSEC. 3. That the provisions of the A.ct of Congress ap-

~~~uca~~no proved June 10, 1920, known as the Federal Water Power

Vol41,p, 1063,Act, shall not apply to this monument. (V.S.C., title 16,

sec. 435.)

2. Casa Grande Ruins National Monument

An Act To restore to the public. domain certain lands within the

Casa Grande Ruins NationaLMonument, and for other purposes,

approved June 7, 1928 (44 Stat. 898)

Casa Grande Be it enacted by the Senate and House of Rep'resentaRuins Nationa! tives of the United States of .America in Congress asMonument. Anz,

bled Th h

-. h b d h bl ' d

sem , at t ere IS ere y restore to t e pu IC 0-

main the west half and the southeast quarter of the

~~erl°lc;pr:buc southwest quarter of ,the northwest quarter of the south- domain,for west quarter of sectIOn 16, townshIp 5 south, range 8

irrigating lands

t f th G' l d S I R'

,.

I

.

ofPimaIndians,eas 0 e 1 a an at Iver pnnClpa men d'lan, a

part of the Casa Grande Ruins National Monument,

Arizona, needed for right of way in constructing a canal

to ,J?rovide irrigation facilities for lands of the Pima

IndIans.

An Act To authorize the use of a right of way by the United States

Indian Service through. the Casa Grande Ruins National Monument in connection with the San Carlos irrigation project, approved June 13, 1930 (48 Stat. 582)

Calla Grande Be it enacted by the Senate and House of RepresentaRuins Monu- tives Of

the United States Of ment,Ariz. .America in Oongress assembled, That for the purpose of carrying but the San

Carlos project the Secretary of the Interior is hereby

authorized to use a right of way for an irrigation canal

I h f

across the northeast quarter northeast quarter section 16,

:~.oma,;ate township 5 south, range 8 east, Gila and Salt River

~~c:lr:!:tion meridian, within the Casa Grande Ruins National Monu- project. ment, Arizona, to the extent of the ground occupied by

such canal and not to exceed fifty feet on each side of

the marginal limits thereof.

3. Badlands National Monument

An Aot fo establish the Badlands National Monument in the State

of South Dakota, and for other purposes, approved March 4, 1929

(45 Stat. 1553)

~:r:n~e t Be it enacted by the Senate and H0'U8eof Representa8.Dak. n,

Uves of the United States of .America in Oongress assembled, That when a quantum, satisfactory to the Sec-
LEGISLATION RELATING TO NATIONAL lVIONUM:ENTS 303

retary of the Interior, of the privately owned lands ~:d~~;d:e1Y

lying within the area hereinafter described shall have withindescribed

been acquired and transferred to the United States for :~~~i~J.et~e:n

monument purposes, without expense to the Federal ~~~\to,:e

set

Treasury, such areas shall be, and are hereby, dedicated

r .

and set apart as a national monument for the benefit

and enjoyment of the people, under the name of the

Badlands National Monument: Provided, That the State Pr01lVo.

Qf South Dakota shall have first constructed the hi~h- Highwaysto be

ways heI:einafter described. (U.S.C., 6th supp., tItle ~~~ru~o~

16, sec. 441.)

SEC. 2. That the areas to be included in said Bad- Areasdescribed.

lands National Monument are situated in the State of

South Dakota and lie within the boundaries particularly

described as follows: Beginning at the northeast corner section 13, township 3 south, range 18 east, Black

Hills meridian; thence west one-fourth mile; thence

south one mile; thence west one-fourth mile; thence south

one-fourth mile; thence west one mile; thence south onefourth mile; thence west one-fourth mile; thence north

one mile; thence west one and one-fourth miles; thence

north one-half mile; thence west three miles, to the

northwest corner section 18, township 3 south, range 18

east, Black Hills meridian.

Thence north one-fourth mile; thence west one-half

mile; thence north one-fourth mile; thence west threefourths mile; thence south one-fourth mile; thence west

one-fourth mile'; thence north one-fourth mile; thence

west one-fourth mile; thence north one-fourth mile;

thence west three-fourths mile; thence south one-fourth

mile; thence west one-half mile; thence south one-half

mile; thence west one mile; thence ,north one-fourth mile;

thence west one-fourth mile; thence north one-fourth

mile; thence west one and one-fourth miles; thence north

one-fourth mile; thence west one-fourth mile; thence

north three-fourths mile; thence west one and one-fourth

miles; thence north one-half mile, to the northeast corner section 2, township 3 south, range 16 east, Black

Hills meridian.

Thence west one-half mile; thence north one mile;

thence west one-fourth mile; thence north one-half mile;

thence west three-fourths mile; thence north one-half

mile; thence west one-half mile; thence north two miles;

thence west eight miles; thence south one-half mile;

thence west one mile; thence north one-half mile, to the

northeast corner section 13, township 2 south, range 14

east, Black Hills meridian.

Thence west one mile j thence south one mile j thence

east one-half mile j thence south one-half mile j thence

west one-half mile j thence south two and one-half miles;

thence east one and one-fourth miles j thence south one

mile; thence east three-fourths mile, to the northeast
304 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

corner section 7, township 3 south, range 15 east, Black

Hills meridian.

Thence south one-fourth mile; thence east one-fourth

mile; thence south one-half mile; thence west one-fourth

mile; thence south one-fourth mile; thence west one mile,

thence south one and three-fourths miles; thence east one

mile; thence north three-fourths mi:le; thence east two

miles; thence north one-half mile; thence east threefourths mile; thence north one-fourth mile; thence east

one-half mile; thence north three-fourths mile; thence

west one-fourth mile; thence north three-fourths mile;

thence west one. fourth mile; thence north one-fourth

mile; thence west one-fourth mile; thence north onefourth mile; thence east one-fourth mile; thence north

one-half mile; thence east one mile; thence south one.

fourth mile; thence east one and three-fourths miles;

thence north one-half mile; thence west one-half mile;

thence north one-haJf mile, to the northwest corner section 31, township 2 south, range 16 east, Black Hills

meridian.

Thence east one-half mile; thence south one-fourth

mile; thence east one mile; thence south one-fourth mile;

thence east one and three-fourths miles; thence south

three-fourths mile; thence east three-fourths mile; thence

south three-fourths mile; thence east one-half mile;

thence south one-fourth mile; thence east one-fourth

mile; thence south one-fourth mile; thence east onefourth mile; thence south one-fourth mile; thence east

one-fourth mile; thence south one-fourth mile; thence

east one-fourth mile; thence south one-fourth mile;

thence east one-half mile; thence south one and onefourth miles; thence east three-fourths mile; thence

north one-half mile; thence east one-fourth mile, to the

northeast corner section 19, township 3 south, range 17

east, Black Hills meridian.

Thence north one-half mile; thence east three-fourths

mile; thence south two miles; thence. east one and onehalf miles; thence north one and one-half miles; thence

east two miles; thence south one-fourth mile; thence east

one-fourth mile; thence south one-fourth mile; thence

east one-half mile; thence south one-fourth mile; thence

east one-half mile; thence south one-fourth mile; thence

east one-half mile, to the northeast corner section 30,

township 3 south, range 18 east, Black Hills meridian.

Thence south three-fourths mile; thence east onefourth mile; thence south one-fourth mile; thence east

one-half mile; thence north one-fourth mile; thence east

one and one.fourth miles; thence south one-fourth mile;

thence east three miles, to the northeast corner of section

36, township 3 south, range 18 east, Black Hills meridian.
LEGISLATION RELATING TO NATIONAL MONUMENTS 305

Thence north one mile; thence east one mile; thence

north one-half mile; thence west one-fourth mile; thence

north one-fourth mile; thence west one-fourth mile;

thence north one and one-fourth miles; thence west onehalf mile to the point of beginning. (U,S.C., 6th supp.,

title 16, sec. 441a.)

SEC. 3. That the establishment of said monument is H~wa~ ~:o

conditioned upon the State of South Dakota first con- ~uthruDakotl

structing the following highway in a manner satisfactory

to the Secretary of the Interior: A highway commencing

at the corporation limits of the town of Interior, thence

going in a northwesterly direction to and over Big Foot LocaU Pass, and through the region known as The Pinnacles; on.

thence in a westerly direction to Sage Creek, being a

total distance of about thirty miles. (U.S.C., 6th supp.,

title 16, sec. 441b.)

SEC. 4. That the administration, protection, and pro- Administration

motion of said Badlands National Monument shall be byNationalPark

Service, Vol. 89.

exercised under the direction of the Secretary of the p~~~;; ~~Ln.

Interior by the National Park Service, subject to the g'andil.) eepp.

provisions of the Act of August 25, 1916, entitled "An

Act to establish a National Park Service, and for other

purposes," as amended ~y the Act of June 2, 1920

(Forty-first United States Statutes at Large, page 732) :

Provided, That in advance of the fulfillment of the con- ~o~o.

ditions herein the Secretary of the Interior may grant ~~~cl~~~C~,orn1a,.

franchises for hotel and for lodge accommodations under be gl'anted.

the provisions of this section. (U.S. C., 6th supp., title

16, sec. 441c.)

SEC. 5. That the Secretary of the Interior be, and he Examinations.

is hereby authorized to permit examinations excava- exca\"atlons, etc..

.

d' 'h ' f b

.

f

.

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.

d

maybeper- tlOns, an gat ermg 0 0 Jects 0 mterest WIt m sal mitted.

monument by any person or persons whom he may deem

properly qualified to conduct such examinations, excavations, or gatherings, subject to such rules and regulations

as he may prescrIbe: Provided, That the examinations, ~ollilo.

excavations, and gatheri:p.gs are undertaken only for the ~~::':Jro~o~ca. benefit of some reputable museum, university, college, or t!ona\Instituother recognized scientific or educational institution, with tIona,etc.

a view to increasing the knowledge of such objects and

aiding the genera] advancement of geological and zoological science. (U.S.C., 6th supp., title 16, sec. 441d.)

SEC.. 6. That this Act shall become effective if and EtJectivewhen

. . ronnl111y dedi. when all of the above condItions shall have been fully catedby froGo

complied with to the satisfaction of the President of ~.:i~:'t.o the

the United States, who shall then issue a proclamation

declaring that the conditions precedent herein required

have been complied with, and said proclamation shall

formally dedicate and set aside the areas herein described

in accordance with the provisions of .section 1 hereof.

(U.S. C., 6th supp., title 16, sec. 441e.)
306 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

4. George Washington Birthplace National Monument

An Act Authorizing, an appropriation for improvements upon the

Government-owned land at Wakefield, Westmoreland County, Virginia, tlie birthplace of George Washington, approved January

23, 1930 (46 Stat. 58)

Be it enacted by the Senate and House of Representa-

. tives of the United States of America in Oongress assem-

~=~'irc~n's bled, That there is hereby authorized to be appropriated,

=

fauth~. out of any money in the Treasury not otherwise approprovu~~nt~f, priated, the sum of $65,000, which shall be used and

~o:~::r~~ v~~expended as follows: The sum of $15,000 shall be used

rem

th°Ved

si

to

t

in movin g the monument erected by the United States ano er e. and now located upon the plot of ground owned by the

United States at Wakefield, Westmoreland County, Virginia, to another site on said plot of ground; and the

sum of $50,000 shall be paid to the Wakefield National

Memorial Association of Washington, District of Columbia, a corporation created by and existing under the law~

of the State of Virginia for use by the said association

:r~~~ ~Uilding(a) in erecting on the Government-owned land at Wake-

~

Dei~ec.=obyfield, Westmoreland County, Virginia, the building percJailg~. - mitted by Act of Congress entitled "An Act granting the Vol.H, p. 699. consent of Congress to the Wakefield National Memorial

Association to build upon Government-owned land at

Wakefield, Westmoreland County, Virginia, a replica

of the house in which George Washington was born, and

for other purposes," approved June 7, 1926; (b) in restoring and improving the gardens and grounds at

W akefield, Westmoreland County, Virginia; and (c) in

erecting such other buildings as shall be deemed necessary: Provided, That the plans for all said buildings and

gardens to be constructed or restored hereunder and the

location of .said monument shall be subject to the approval of the Fine Arts Commission and the Secretary

of the Interior, and the expenditure of said funds shall

00 be subject to the prior approval of the Secretary of the

co~;m'.:dceb~fld_ Interior: Provided further, That said building and all

h":it:.jcs~e:.helands owned by the Wakefield National Memorial Asso- .

ciation shall on completion of the restoration be conveyed to the United States as a gift for administration,

Geo Washin protection, and maintenance as hereinafter provided.

tonr~irthPlacl- SEC. 2. That the said premises and all structures there- NationalMonumentestablished. on shall

. constitute the Geor ge Washin. g ton.. Birth p lace

"

AdmInistration.NatIOnal Monument at Wakefielc1, VIrgmIa, whIch IS

hereby established and set apart for the preservation of

the historical associations connected therewith, for the

benefit and enjoyment of the people, and the said nation~l monument sh~ll be hereafter: adI?inistered 1J.ythe

NatIOnal Park ServIce under the dIrectIOn of the Secretary of the Interior subject to the provisions of the Act

PrOI1M08. Approval of

plans, etc.
LEGISLATION RELATING TO NATIONAL MONUMENTS 307

of August 25, 1916 (Thirty-ninth Statutes, page 535), as Vol.39,p. 535.

amended. (U.S.C., 6th supp., title 16, sec. 442.) Seep.9.

SEC. 3. All Acts or parts of Acts inconsistent with the Inconsiotent laws

provisions of this Act are repealed to the extent of such repealed.

inconsistency.

5. Papago Saguaro National Monument

An Act To abolish the l'apago Saguaro National Monument, Arizona, to provUe for the disposition of certain lands therein for

park and recreational uses, and for other purposes, approved

April 7, 1930 (48 Stat. 142)

Be it eruwted by the Senate and House of Representa- Pa.pagoSaguaro

tives Of

the United States Of America in Oon gress asNational Monument, Ariz.

sembled, That the Papago Saguaro National Monument Abolishment of.

. A

.

h 11 b d th .

h b b 1

.

h d

Vol. S8, p. 1991.

In rIzona S a e, a,n e same IS ere y, a 0 IS e , Arizona Naand that the Government lands therein described accord- tionalGuard.

ing to the Gila and Salt River' base and meridian shall

be disposed of as follows:

1. The north half northeast quarter section 5; north

ha1£ northwest quarter section 4, township 1 north, range tre&resJred

4 east, within the boundaries of the said Papago Saguaro r~:~

e

National Monument, together with the southeast quarter

section 32; and the southwest quarter section 33, townshi~ 2 north, range 4 east, of the public lands of the

U mted States shall be, and the same are hereby, reserved

for military purposes for use of the National Guard of

Arizona as a rifle range.

2. .All of the remainder of Government lands in the

said Papago Saguaro National Monument, in Maricopa Arizoua.

County, Arizona, except such parts thereof as are hereinafter authorized to be purchased by the city of Tempe, ::a=d: for

and except such tracts as the Salt River Valley Water park,etc.,'purUsers' Association is hereinafter authorized to purchase,

pOBe&.

shall be, and the same are hereby, granted to the State ExceptiOD8.

of Arizona for park, recreation, or public-convenience

purposes; and there is hereby. granted to the city of Tempe.

Tempe, Arizona, for municipal, park, recreation, or

public-convenience purposes, the south ha1£ northeast

quarter, north half southeast quarter section 9; all of the to~e~=~ to,

southwest quarter; the west half southeast quarter; and purpOSeB.

the south half northwest quarter section 10, township 1

north, range 4 east, except the lands in the aforesaid sections hereinafter granted to the Salt River V alley Water

Users' Association: Provided, That there shall be re- a-~~"d Bib

served tQ the United States all oil, coal, or other mineral reae~ed.

epo

deposits found at any time in the lands, and the right to

prospect for, mine, and remove the same under such rules

and regulations as the Secretary of the Interior may prescribe: Provided further, That the lands hereby granted

shall be used by the State of Arizona and the city of

Tempe, Arizona, only for the purposes herein indicated,
308 LAWS FOR NA1" PARK SERVICE, PARKS, & MONUMENTS

Reversiontor and if the said lands or an y nonuserbyState , Part thereof , shall be aban- andTempe. doned for such use, such lands or such part shall revert

to the United States; and the Secretary of the Interior

is hereby authorized and empowered to declare such a

forfeiture of grant and to restore said premises to the

public domain if at any time he shall determine that the

State or city has abandoned the lands for the uses herein

indicat.ed, and such order of the Secretary shall be final

and conclusive; and thereupon and thereby said premises

shall be restored to the public domain and freed from

the operation of these grants: Provided, however, That

the grants herein are made subject to any valid existing

Rightofwayofclaim or easement and particularly subject to the right =Ssers' of way one hundred feet wide on eIther side of the canal

on. flume and pipe line heretofore constructed by the Salt

River Valley Water Users' Association; and said association is hereby granted the right to purchase within two

years after the approval of this Act, at the rate of $1.25

per acre, approximately eighty-five acres of land east

of said right of way in section 3; not to exceed seven acres

of land contiguous to said right of way in section 10, and

approximately seven one-hundredths acre in section 9,

Areadescribed.township 1 north, range 4 east, adjacent to said canal

right of way and power-plant property, and said lands

to be used by said association for maintenance and operation purposes, the said right of way and contiguous

land being particularly described as follows: Beginning

at a point on the north and south center line of the west

half of said section 3, one hundred and thirty-one feet

south two degrees forty-six minutes west from the mid

point of the west half of the north boundary line of said

section 3; thence south two degrees forty-six minutes

west along the said north and south mid line of the west

half of said sedion 3, identical with the east boundary

line of the tract herein described, five thousand two hundred and eight feet to the mid point of the west half

of the south boundary line of said section 3; thence west

along said south boundary line of said section 3, two

hundred and ninety-two and five-tenths feet to a point

on the west boundary line of the tract herein described

identical with the west boundary line of the right of way

of the Arizona Cross-Cut Canal; thence in a general

northerly direction along the west boundary line of the

tract herein described and the west boundary line of

said Arizona Cross-Cut Canal as follows: North twentyeight degrees one minute west, two hundred and fortythree and four-tenths feet; thence north forty-six degrees fifty-nine minutes west, three hundred and twentyone and seven-tenths feet; thence north thirty-three degrees fifty-four minutes west, two hundred and twentyone and eight-tenths feet; thence north twenty-seven degrees twenty-seven minutes west, two hundred and

Purchase by

WateT Users'

As8oclation au.

thori&ed.
LEGISLATION RELATING TO NATIONAL MONUMENTS

ninety-four and six-tenths feet; thence north eighteen

degrees four minutes west, five hundred and seventy-five

and three-tenths feet; thence north six degrees fortyseven minutes east, one hundred and seventy-seven and

seven-tenths feet; thence north twenty-four degrees

twenty-seven minutes east, two hundred and fifty-two

feet; thence north fifty-two degrees twenty-one minutes

east, two hundred and eighty-three a.nd five~tenths feet;

thence north one degree fifty minutes east, nine hundred

and eight and four-tenths feet; thence north nineteen degrees eleven minutes east, nine hundred and twenty-three

and nine-tenths feet; thence north twenty-seven degrees

fifty-eight minutes east, seven hundred and twenty-five

feet; thence north thirty-nine degress fifty-five minutes

east, five hundred and sixty-nine and nine-tenths feet, and

thence north fifteen degrees forty-nine minutes east, three

hundred and nine and five-tenths feet to the point of

beginning, containing eighty-four and sixty-eight onehundredths acres more or less, inclusive of the portion

of said tract, also embraced within the right of way of

said Arizona Cross-Cut Canal. Also a right of way one

hundred feet wide on each side of a line beginning at a

point on the north boundary line of said section 10, distant one thousand one hundred and fifty-six feet east of

the northwest corner of said section 10; thence south

twenty-five degrees twenty-two minutes east, two hundred and seventy-eight feet; thence south no degrees

twenty-five minutes west, two hllndred and ten and fivetenths feet; thence south twenty-six degrees twenty-eight

minutes west, one thousand one hundred and sixty-seven

feet; thence south sixteen degrees nine minutes east, four

hundred and thirteen feet; thence south forty-eight degrees fifty-five minutes east, two hundred and seventy

feet; thence south six degrees twenty-two minutes east,

ninety-nine feet; thence south twenty-two degrees thirty

minutes west, four hundred and sixty and five-tenths

feet; thence south forty degrees forty-four minutes west,

one thousand four hundred and seventy-four and seventenths feet, and thence south fifty-seven degrees fortyfive minutes west, thirty-eight and eight-tenths feet to a

point on the west boundary line of said section 10,

distant one thousand one hundred and thirty-two feet,

south one degree eighteen minutes west from the west

quarter-section corner of said section 10; thence continuingsouth fifty-seven degrees forty-five minutes west in

section 9, five hundred feet to a point one hundred feet

distant measured at right angles to said last-mentioned

course from the intersection of the west boundary line of

said right of way with the east and west middle line of

the southeast quarter of said section 9. The south half

southeast quarter southwest quarter northwest quarter

and the north half northeast quarter northwest quarter

southwest quarter of said section 10, the area of said

309
310 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

tract, exclusive of the two hundred feet right of way of

said Arizona Cross-Cut Canal hereinbefore described

which crosses said tract in a general southwesterly direction, being seven acres. A trIangular piece of land being

all of the northeast quarter southeast quarter of said section 9, lying southeast of the right of way of said Arizona Cross-Cut Canal hereinbefore described, the said

tract measuring sixty-two and five-tenths feet along the

east boundary of .said sectibn 9 and ninety-five feet along

the south boundary of said northeast quarter of the

southeast quarter of said section 9, containing sevenhundredths acre more or less.

6. Petrified Forest National Monument

An Act To authorize exchanges of lands with owners of privateland hOldings within the Petrified Forest National Monument,

Arizona, approved May 14, 1930 (46 Stat. 278)

Be it enaoted by the Senate and House of Representatives of the U7bited States of America in Oongress assembled, That the Secretary of the Interior, for the purpose of eliminating private holdings of land within the

Petrified Forest National Monument, Arizona, is hereby

empowered, in his discretion, to obtain for the United

States the complete title to any or all of the lands held

in private ownership within the boundaries of the Petrified Forest National Monument, Arizona, as now or as

may be. hereafter defined, by accepting from the owners

of such privately owned lands complete relinquishment

thereof and by granting and patenting to such owners,

in exchange therefor, in each instance, like public lands

of equal value situated in Navajo and/or Apache Counties in the State of Arizona, after due notice of the

proposed exchange has been given by publication for

not less than thirty days in the counties where the lands

proposed to be exchanged or taken in exchange are 10-

~:Of land.. cated: Pr'ovided, That the Secretary of the Interior shall,

on application or otherwise, designate public lands located outside the extreme boundaries of the said monument subject to exchange under this Act which are, in

his opinion, chiefly valuable for grazing and raising

forage crops, do not contain merchantable timber, are not

susceptible of irrigation from any known source of

water supply, and are of character similar to the .privately owned lands offered in exchange. (U.S.C., 6th

supp., title 16, sec. 444.)

Val

b

ue cf lan

i

da

d

SEC. 2. That the value of all Patented lands within to eascertane. .

saId monument affere d for exc h ange, an d t h e va 1ue 0f

the lands of the United States to be given in exchange

therefor, shall be ascertained in such manner as the

Secretary of the Interior may direct j and the owners

P etrllled Forest

National Monument. Arlz.

Acquisition of

privately owned

land. witbin.

Public landa to

be given in exchange.
LEGISLATION RELATING TO NATIONAL MONUMENTS 311

of such privately owned lands with\n said monument

shall, before any exchange is eifecti'-e, furnish the Secretary of the Interior evidence satisfactory to him of .

. I '_'

I h t t d I d if d

.

h d

TIt e reqUireu.

tIt e to tepa en e an s 0 ere III exc ange; an

lands conveyed to the United States under this Act shall

be and remain a part of the Petrified Forest National

Monument. (U.S.C., 6th SLlpp., title 16, sec. 444a.)

7. Colonial National Monument

An Act To provide for the creation of the Colonial National Monument in the state of Virginia, and for other purposes, approved

July 3, 1930 (46 Stat. 855)

Be it enacted by the Senate and House of Repre- ?l0'iia~ Nasentatives of the United States of America in Oongress ~~~.

Va~nuassembled, That upon proclamation of the President, as ~~d' setapart

herein provided, sufficient of the areas hereinafter specified for the purposes of this Act shall be established and

set apart as the Colonial National Monument for the

preservation of the historical structures and remains

thereon and for the benefit and enjoyment of the people.

(U.S. C., 6th supp., title 16, sec. 443.) Examination0'

SEC. 2. That the Secretary of the Interior be, and he 1~i~i:io:reas

is hereby, authorized and directed to make an examina-

.

tion of Jamestown Island, parts of the city of Williamsburg, and the Yorktown battlefield, all in the State of

Virginia, and areas for highways to conn,ect said island,

city, and battlefield with a view to determining the

area or areas thereof desirable for inclusion in the said

Colonial National Monument, not to exceed two thousand five hundred acres of the said battlefield or five

hundred feet in width as to such connecting areas, and B dart

upon completion thereof he shall make appropriate rec- tab~rsbed~Yesommendations to the President, who shall establish the proclamatIon.

boundaries of said national monument by proclamation:

Provided, That the boundaries so established may be PrOf)MO.

enlarged or diminished by subsequent proclamation or t;ce:eo~~Y~

proclamations of the President uJ?on the recommend a- Donatlo~

tions of the Secretary of the IntEmor, any such enlargement only to include lands donated to the United States

or purchased by the United States without resort to

condemnation. (U.S. C., 6th supp., title 16, sec. 443a.)

SEC. 3. That the Secretary of the Interior be, and 'he

is hereby, authorized to accept donations of land, interest in land, buildings, structures, and other property

within the boundaries of said monument as determined

and fixed hereunder and donations of funds for the purchase and/or maintenance -thereof, the evidence of title

to such lands to be satisfactory to the Secretary of the Prowo..

Interior' Provided That he ma y acquire on behalf of Acqulsi.tlo!, of

.

.,

. landwlthm

the Umted States by purchase when purchasable at prIces monument.
312 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Vol.26,p. 867. deemed by him reasonable, otherwise by condemnation V.S.O.,p. 1302.undl:Jr the provisions of the Act of August 1, 1888

(D.S.C., title 40. secs. 257, 258; 25 Stat. 357), such tracts

Land of land within the said monument as may be necessary

froms~~:~nn- for the completion thereof: Provided fU1'ther, That contion proceedings. demnation proceedings herein provided for shall not be

had, exercised, or resorted to as to lands belonging to the

Association for the Preservation of Virginia Antiquities,

a corporation chartered under the laws of Virginia, or

to the city of Williamsburg, Virginia, or to any other

lands in said city except such lands as may be required

for a right of way not exceeding two hundred feet in

width through the city of Williamsburg to connect with

highways or parkways leading from Williamsburg to

,Jamestown and to Yorktown. (D.S.C., 6th supp., title

16, sec. 443b.)

Sums author. S 4 Th 1.

h b h

.

!zed. (Amended EC.. at. t lere IS ere y aut orlze d to be appro- by46Stat.1490.

Seep.818.) priated out of any money in the Treasury not otherwise

'. d

.

$ Purposes. apprOprIate, such sums not exceedmg 500,000 as may

be necessary to carry out the provisions of this Act, to be

available for all expenses incident to the examination and

establishment of the said Colonial National Monument

and the protection and maintenance of lands and of

buildings as acquired and/or constructed, as well as for

the acquisition of lands needed for the completion of the

monument, including the securing of options and other

incidental expenses. (U.S.C., 6th supp., title 16, sec.

443c.)

~mJnistratlon, SEC. 5. That the administration, protection, and development of the aforesaid national monument shall be

exercised under the direction of the Secretary of the

Interior by the National Park Service, subject to the

provisions of the Act of August ~5, 1916, entitled "An Vol.89.p.15815.Act to establish a National Park Service (U.S.C., title Seep. 9.

16, secs. 1-4; 39 Stat. 535), and for other purposes," as

amended. (D.S.C., 6th supp., title 16, sec. 443d.)

SEC. 6. That nothing in this Act shall be held to deprive the State of Virginia, or any political subdivision

Jurisdiction01 thereof, of its civil and criminal jurisdiction in and over

Virginia in

monument. the areas included in said national monument, nor shall

this Act in any way impair or affect the rights of citizenship of any resident therein; and save and except as

the consent of the State of Virginia may be hereafter

given, the legislative authority of said State in and over

all areas included within said national monument shall

not be diminished or affected by the creation of said

national monument, nor by the terms and provisions of

this Act: Provided, That any rules and regulations authorized in section 5, and in the Act therein referred to,

shall not apply to any property of a public nature in the

city of Williamsburg, other than property of the United

States. (D.S.C., 6th supp., title 16, sec. 443e.)

Proviso.

Rulen, etc.. nu.

thorized herein,

lIot applicable

to property of

Williamsburg.
LEGISLATION RELATING TO NATIONAL MONUMENTS 313

SEC.7. In the event that lands and/or buildings, structures, and so forth, within the city of Williamsburg are

donated to the United States and are thereafter revenue

producing, the United States shall pay in the treasury

of the city of Williamsburg 25 per centum of an;

rentals

included in said revenues, and 25 per centum 0 the net re~u~ ~m

proceeds of any commercial enterprise there conducted I:ted :y:'to

C)o

by the United States, such payment into the treasury of aceroe in part to.

the city of Williamsburg not to exceed $20,000 in any Limit.

year. (U.S.C., 6th supp., title 16, sec. 443f.)

An Act To amend an Act entitled "An Aot to provide for the oreation of the Colonial Nationalllrlonument in the State of Virginia,

and for other purposes," approved luly 8, 1980, approved J/laroh

8, 1981 (48 Stat. 1490)

Be it enacted by the Senate and House of Representatives of the. United States of .America in Oongress assem-~:U~~:.

bled, That section 4 of an Act entitled "An Act to pro- ment,Va.

vide for the creation of the Colonial National Monu- ~~~~~..~~~

ment in the State of Vir~inia, and for other purposes," p.Sll.)

approved July 3, 1930, IS hereby amended to read as

follows:

"

SEC.4. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise

appropriated, such sums as may be necessary to carry

out the provisions of this Act, which shall not exceed Sumauthorized.

the sum of $2,000,000, to be available for all expenses Purpoet'&

incident to the examination and establishment of the said

Colonial National Monument and for the acquisition of

lands and/or lands and improvements needed for the

completion of the monument, including the securing of

Qptions and other incidental expenses. The area of the Yorktown!>atYorktown battlefield, authorized for inclusion in said =elgJrea

monument, is hereby extended to not to exceed four n .

thousand five hundred acres, and all Government-owned

lands within the boundaries of said monument as estab- rroclamatlon.

lished by presidential proclamation, except those determined by the Secretary of the Interior as not necessary

in carrymg out the objects of said monument, are hereby

transferred to the administrative iurisdiction and control of the National Park Service.' (U.S.C., 6th supp.,

title 16, sec. 443c.)

8. Canyon De Chelly National Monument

An Act To authorize the President of the United States to establish

the Canyon De Chelly National Monument within the Navajo

Indian Reservation, Arizona, approved February 14, 1981 (48

Stat. 1181)

Be it enacted by the Senate and House of Representatives of the United States of .America in Oongress as- Canyonde

sembled, That with the consent of the tribal council of ~e1lY NatioDal

the Navajo Tribe of Indians the Pr{'sident of the United' onument,Ark.
314 LAWS FOR NAT. PARK SERVICE, PARKS, &; MONUMENTS

~m~~is*~~ajo States is hereby authorized to establish by presidential

~fu~,8~il1eserva-proc

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CanJ.7on

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R

elly Na~iona

A

I ¥onuconse'!toftheir !llen ,.WI m e avaJ~ n an eservatlOn, rlzona, coUDr,il. mcludmg the lands heremafter described.

Townshi p 4 north, ran ge 7 west , north half section 5

'

'lescription.

an d nort heast quarter section 6; township 5 north, ran~e

7 west, south half section 15, section 19, south half section 20, section 21, section 22, south half section 23, north

half section 26, north half section 27, north half section

28, sections 29, 30, 31, and 32; township 3 north, range

8 west, section 4, east half' section 5; township 4 north,

range 8 west, sections 6 and 7, southwest quarter section

17, i3ections 18 and 19, west half and southeast quarter

section 20, sections 29 and 30, north half section 31, sections 32 and 33; township 5 north, range 8 west,section

7, se.ction 13, south half section 14, south half section 15,

south half and northwest quarter section 16, sections 17

to 24, inclusive, north half section 25, north half section

26, section 27, north half and southeast quarter section

28, north half section 29, north half section 30 and southwest quarter section 31; township 6 north, range 8 west,

north half section 3, sections 4 to 8, inclusive, west half

section 18 and northwest quarter section 19; township 7

north, range 8 west, south half section 33, section 34 and

west half section 35; township 4 north, range 9 west

sections 1 to 3, inclusive, east half section 4, north half

section 10, north half section 11, sections 12 and 13, east

half section 24 and east half section 25; township 5

north, range 9 west, sections 4 to 31, inclusive, east half

section 33, and sections 34 to 36, inclusive; township

6 north, range 9 west, sections 1 to 3, inclusive, sections

10 to 15, inclusive, sections 21 to 23, inclusive, north half

section 24; north half section 26, sections 27 to 29, inclusive, southeast quarter section 30, and sections 31 to

34, inclusive; township 5 north, range 10 west, sections

1 to 18, inclusive, north half section 22, sections .23 to

25, inclusive, north half section 26, and north half section 36; township 6 north, range 10 west, east half section 34, section 35, and south half section 36, embracing

about eighty-three thousand eight hundred and fort\'

acres of unsurveyed land, all west of the Navajo meridian, in Arizona. (D.S.C., 6th supp., title 16, sec. 445.)

SEC. 2. That nothing herein shall be construed as in

Rights of lb. an y way im p airin g the ri ght, title, and interest of the diana reserved. Navajo Tribe of Indians which they now h aye an d h0ld

to all lands and minerals, including oil and gas; and the

surface use of such lands for agricultural, grazing, and

other purposes, except as hereinafter defined; and the

said tribe of Indians shall be, and is hereby, granted the

preferential right, under regulations to be prescribed by

the Secretary of the Interior, of furnishing riding animals for the use of visitors to the monument. (D.S.C.,

6th supp., title 16, sec. 445a.)
LEGISLATION RELATING TO NATIONAL MONUMENTS 315

SEC.3. That the National Park Service, under the di- Control, etc.

rection of the Secretary of the Interior, is hereby charged

with the adrilinistration of the area of said national monument, so far as it applies to the care, maintenance, preservation and restoration of the prehistoric ruins, or

other features of scientific or historical interest within

the area, and shall have the right to construct upon the

lands such roads, trails, or other structures or improvements as may be necessary in connection with the administration and protection of the monument, and also the

right to provide facilities of any nature whatsoever required for the care and accommodation of visitors to the

monument. (U.S. C., 6th supp., title 16, sec. 445b.)

An Act To amend the description of land descrilled in section 1 of

the Act approved February 14, 1931, entitled "An Act To authorize the President of the United States to establish the Canyon

De Chelly National Monument within the Navajo :Indian Reservation, Arizona," approved March 1, 1933

Be it enacted by the Senate and Howse of Representati'lJes of the UnitefJ States of .America in Oongres8

assembled, That the description of the tract of land de- gheti°DNdu I

scribed in section 1 of the Act approved February 14, Monu~ent~Jz.

1931, entitled "An Act to authorize the President of the ~~:rl~i~:OD.

United States to establish the Canyon De Chelly National ~in:aln1~i I,

Monument within the Navajo Indian Reservation, Ari- (Se~p.818.).

zona" (U.S.C., title 16, secs. 445, 445b), be, and the same

is hereby, amended to read as follows:

"All lands in Del Muerto, De Chelly, and Monument

Canyons, and the canyons tributary thereto, and the

lands within one-half mile of the rims of the said canyons, situated in unsurveyed town.ships 4 and 5 north,

range 7 west; townships 4, 5, and 6 north, range 8 west;

townships 4 and 5 north, range 9 west; and in surveyed

townships 4 and 5 north, range 6 west; townships 3, 6,

and 7 north, range 7 west; township 6 north, range 9

west; and township 5 north, range 10 west; embracing

abollt eighty-three thousand eight hundred and forty

acres, all of the Navajo meridian, in Arizona."

9. Chaco Canyon National Monument

An Act To authorize exchange of lands with owners of privateland holdinis within the Chaco Canyon National Monument, :New

Mexico, and for -other purposes, approved February 17, 1931 (48

Stat. 1185)

Be it enacted by the Senate and House of Representatives of the United States of America in Oongress

assembled, That the Secretary of the Interior, for the ~r' c;mJ;0D

purpose of eliminating private holdings of land within m:nf.n~UI~u'

the Chaco Canyon National Monument, New Mexico, is

hereby empowered, in his discretion, to obtain for the ACiqU~tIODofed

United States the complete title to any or all alienated r:n: il own
816 LAWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

lands within the boundaries of the Chaco Canyon National Monument, New Mexico, as now or as may be

=nr.n~' or hereafter defined, by accepting from the owners of such

alienated lands complete relinquishment thereof and by

granting and patentmg to the owners; in exchange therefor, surveyed, nonmineral, and unreserved public lands

of equal quality and acreage or of equal value as may

be agreed upon situated elsewhere in the State of New

MexIco, after due notice of the proposed exchange has

been given by publicatiop. for not less than thirty days

in the counties where the lands proposed to be exchanged

or taken in exchange are located: Provided, That the

Secretary of the Interior shall, on application or otherwise, designate public lands subject to exchange under

this Act which are, in his opinion, chiefly valuable for

?~,~' grazing and raising forage crops, do not contain mer-

~ted.to estg-chantable timber, are not susceptible of irrigation from

any known source of water supply, are not embraced in

a valid claim, and are of quality similar to the alienated

Drivbqfstock lands offered in exchange: And provided further, That

.-. any owner of patented lands in the monument now owning other lands adjoining said nionument, which may be

separated by the acquisition of land in the monument

by the United States under the provisions hereof, shall

be, and is hereby, authorized to drive stock across said

monument at an accessible location, which may be approved by the Secretary of the Interior, which right

shall also accrue to any successor in interest to said

adjoining lands, or to any lessee of such lands.

~~~tll!:~, SEC. 2. That the value of all patented lands within o 0

said monument offered for exchange, and the value of

the lands of the United States to be given in exchange

therefor, shall be ascertained in such manner as the

Secretary of the Interior may direct; and the owners

of such alienated lands within said monument shall,

before any exchange is effective, furnish the Secretary

of the Interior evidence satisfactory to him of title to

the patented lands offered in exchange; and lands con-

~d:fMto Na-t. veyed to the United States under this Act shall be and

o onumen remain a part of the .ChacoCanyon National Monument.

~nlV~ or

tc. SEC. 3. That in the acquisition on behalf of the United

ew co, e

States under authority of law of any of the followingdescnibed land, to wit: Section 13, in township 21 north,

range 11 west; section 17, in township 21 north, range 10

west; section 21, in township 21 north, range 10 west;

~~~~ section 3-, in township 21 north, range 11 west; and reservation. section 11, in township 21 north, range 11 west, owned

by the University of New Mexico, the Museum of New

Mexico, and/or the School of American Research, the

said Secretary may ILCcepttitle thereto subject to such

reservations by the grantor or grantors as will enable the

said University of New MexIco, the Museum of New

Mexico, and/or the School of American Research to
LEGISLATION RELATING TO NATIONAL MONUMENTS 3J1.'1

continue scientific research thereon: Provided, That such PrOfJUJOD.

use shall not interfere with the administration of said UcereatrI~

area :for nationa~-monument purposes: And provided

further, That u.{>onrelinquishment to the United States ~~b:n~:da iD

of any o:f the rIghts reserved by any grantor pursuant

hereto the S~cretary o~the I~teri~r may, in his dis~retion,

grant the rIght to saId UmversIty of N~w MexIco, the

Museum of New Mexico, and/or the School of A.merican

Research similar rights with reference to other ruins and

locations within said monument in lieu thereof.

JlO. Craterll of the moon JEationS!l][onument

An Act To authorize exchanges of land with owners of privateland holdings within the CraterlJ of the moon National monument,

approved February 21, 1931 (~8 Stat. 12CS)

Be it enacted by the Senate and House of Representatives of the United States of America -in Oongress aBsem- Orateroof tOO bled, That the Secretary of the Interior be, and he is MOODNat1oll!!1

hereby, authorized in his discretion to accept on behalf ~".b~~eDt.

o:f the United States complete title to any or all of the tcc.F~1I9~

following-described lands held in private ownership k:d." D,au 1-

within the boundaries of the Craters of the Moon N ational Monument,' Idaho: Southeast quarter southwest

quarter, section 22; northeast quarter northwest quarter,

southwest quarter northwest quarter, west half northeast

quarter, section 27; northwest quarter northwest quarter,

section 26, township 2 north, range 24 east, Boise meridian, Idaho, and in exchange therefor may patent not to DeooriptioD.

exceed an equal value of land to be selected from the :following-described tracts of reserved public land, subject

to any valid and existing entries under any law: Northwest quarter northwest quarter, section 2; northwest

quarter northeast quarter, southeast quarter, northwest

quarter southwest' quarter, southeast quarter southwest

quarter, section 3; northeast quarter northwest quarter,

section 9; northwest quarter, west half northeast quarter,

section 10, township 1 north, range 23 east; and south

half southwest quarter, west half southeast quarter,

southeast quarter southeast quarter, section 26; northeast, quarter, east half northwest quarter, south half

southeast quarter, northeast quarter southeast quarter,

north half southwest quarter, southwest quarter southwest quarter, section 35, township 2 north, range 23 east,

Boise meridian, Idaho: Provided, That if lands sufficient ~.

fia'eCiliIII to equal the value of the lands within the monument ~

offered in exchange are not available within the area

herein described, then in addition the Secretary may

patent public land in the State of Idaho, surveyed and

nonmineral in character, sufficient~ equal such value.
318

Publication required.

Value ascertained.

Title.

J"AWS FOR NAT. PARK SERVICE, PARKS, & MONUMENTS

Before any exchange hereunder is effected notice of the

contemplated exchange, reciting the lands selected, shall

be published once each week for four successive weeks in

some newspaper of general circulation in the county or

counties ;where the lands proposed to be selected are

located.

SEC. 2. That the value of the lands within said monument offered for exchange, and the value of the lands of

the United States to be selected therefor, shall be ascertained in such manner as the Secretary of the Interior

may. direct; and the owners of such privateJy owned

lands within said monument shall, before the exchange

is effective, furnish the Secretary (If the Interior evidence satisfactory to him of title to the patented lands

offered in exchange; and lands conveyed to the United

St.at.es under this Act shall be and remain a part of the

Craters of the Moon National Monument.

11. Death Valley National Monument

An Act To extend the mining laws of the 'United States to the

Death Valley National Monument in California, approved lUBe

13, 1933 (H.R. 3659)

Be it enacted by the Senate and House of Representa-

~~!~n:~~':rnu.tives of the Un!tted States of America in Oongress asment.Calif. sembled, That the mining laws of the United States be,

M' . and they. are hereby, extended to the area included within

u:rli:: ~~ra. the Death Valley National Monumpnt in California, or tendedto. as it may hereafter be extended, subject, however, ~o the

surface use of locations , entries, or Patents under general

IJmitatlon. regulations to be prescribed by the Secretary 0f the

Interior.

It u.s. GOVERNMENT PRINTING OFFICE: 19670-2.5-175