dreamproit/uscode huggingface dataset:
16 U.S.C. § 251j (CONSERVATION)
§ 251j. Property retention rights of landowners; use and occupancy improvements; plan to be submitted to Secretary; approval evidenced by issuance of permit and certificate; limitation on acquisition power of Secretary
Notwithstanding the provisions of section 251i of this title, any noncorporate owner or owners, as of January 1, 1976, of property adjacent to Lake Ozette may retain title to such property: Provided, That such owner or owners consent to acquisition by the Secretary or 1 scenic easements or other interests that allow only those improvements that the Secretary finds to be reasonably necessary for continued use and occupancy. Any such owner or owners who elects to improve his property or a portion thereof shall submit to the Secretary a plan which shall set forth the manner in which the property is to be improved and the use to which it is proposed to be put. If, upon review of such plan, the Secretary determines that it is compatible with the limitations of this section, he in his discretion may issue a permit to such owner and a certificate to that effect. Upon issuance of any such certificate and so long as such property is maintained and used in conformity therewith, the authority of the Secretary to acquire such property or interest therein without the consent of the owner shall be suspended.
(Pub. L. 94–578, title III, § 320(g), Oct. 21, 1976, 90 Stat. 2741.)
16 U.S.C. § 251k (CONSERVATION)
§ 251k. Economic dislocation in land acquisition; exchange of lands; transfers of land within a national forest; concurrence of Secretary of Agriculture
In order to minimize economic dislocation in acquiring property within the park, the Secretary may acquire with the consent of the owner, lands and interests in lands outside the boundaries of the park, but within the State of Washington, and with the concurrence of the Secretary of Agriculture, he may utilize lands and interests therein within a national forest in the State of Washington hereby authorized to be transferred to the Secretary, for the purpose of exchanging lands and interests so acquired or transferred for property within the park.
(Pub. L. 94–578, title III, § 320(h), Oct. 21, 1976, 90 Stat. 2741.)
heading: Statutory Notes and Related Subsidiaries
heading: Land Exchanges
text: Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 415, provided in part: “That pursuant to 16 U.S.C. 251k, the Secretary may acquire the 270-acre parcel known as Keystone Spit on Whidbey Island, Washington, and convey such parcel to the State of Washington in exchange for the approximately 1,000 acres of tidelands owned by such State within the boundary of Olympic National Park: Provided further, That if recreational uses of these tidelands must be regulated, the National Park Service shall consult with the State of Washington prior to the implementation of any such regulations: Provided further, That the exchange must include the mineral rights of the tidelands.”
16 U.S.C. § 251l (CONSERVATION)
§ 251l. Retrocession of lands to State; Quileute Indian Reservation jurisdiction; concurrent legislative jurisdiction with State
Effective upon acceptance thereof by the State of Washington (1) the jurisdiction which the United States acquired over those lands excluded from the boundaries of Olympic National Park by section 251e of this title is hereby retroceded to the State: Provided, That the lands restored to the Quileute Indian Reservation shall be subject to the same State and Tribal jurisdiction as all other trust lands within said Reservation; and (2) there is hereby retroceded to such State concurrent legislative jurisdiction, as the Governor of the State of Washington and the Secretary shall determine, over and within all territory within the boundaries of the park as revised by sections 251e to 251m of this title.
(Pub. L. 94–578, title III, § 320(i), Oct. 21, 1976, 90 Stat. 2741.)
heading: Editorial Notes
heading: References in Text
text: Section 251e of this title and sections 251e to 251m of this title, referred to in text, were in the original “subsection 1(a) of this Act” and “this Act”, respectively. “This Act” means Pub. L. 94–578.
16 U.S.C. § 251m (CONSERVATION)
§ 251m. Authorization of appropriations
There is hereby authorized to be appropriated not to exceed $23,700,000 for the acquisition of lands, privately owned aquatic lands, or interests therein in accordance with the provisions of sections 251e to 251m of this title. No funds authorized to be appropriated pursuant to sections 251e to 251m of this title shall be available prior to October 1, 1977.
(Pub. L. 94–578, title III, § 320(j), Oct. 21, 1976, 90 Stat. 2741; Pub. L. 96–199, title I, § 110, Mar. 5, 1980, 94 Stat. 70.)
heading: Editorial Notes
heading: References in Text
text: Sections 251e to 251m of this title, referred to in text, was in the original “this title”, meaning title III of Pub. L. 94–578.
heading: Amendments
text: 1980—Pub. L. 96–199 substituted “$23,700,000” for “$13,000,000”.
16 U.S.C. § 252 (CONSERVATION)
§ 252. Disposal of mineral rights
In the areas of said park lying east of the range line between ranges 9 and 10 and north of the seventh standard parallel, and east of the range line between ranges 4 and 5 west, Willamette meridian, all mineral deposits of the classes and kinds now subject to location, entry, and patent under the mining laws of the United States shall be, exclusive of the land containing them, subject to disposal under such laws for a period of five years from June 29, 1938, with rights of occupation and use of so much of the surface of the land as may be required for all purposes reasonably incident to the mining or removal of the minerals and under such general regulations as may be prescribed by the Secretary of the Interior.
(June 29, 1938, ch. 812, § 2, 52 Stat. 1242.)
16 U.S.C. § 253 (CONSERVATION)
§ 253. Apportionment of income among counties
The income of each county receiving moneys from the Olympic National Forest, under section 500 of this title, shall be proportional to the total area of each county in the Olympic National Forest and the Olympic National Park combined.
(June 29, 1938, ch. 812, § 3, 52 Stat. 1242.)
16 U.S.C. § 254 (CONSERVATION)
§ 254. Administration, protection, and development
The administration, protection, and development of the Olympic 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 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,1 as amended.
(June 29, 1938, ch. 812, § 4, 52 Stat. 1242.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 255 (CONSERVATION)
§ 255. Effect on existing homestead, mineral, etc., entries; revision of boundaries
Nothing contained herein shall affect any valid existing claim, location, or entry made under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land, nor the rights reserved by treaty to the Indians of any tribes. The boundaries of Olympic National Park may be revised only by Act of Congress.
(June 29, 1938, ch. 812, § 5, 52 Stat. 1242; Pub. L. 94–578, title III, § 320(c), Oct. 21, 1976, 90 Stat. 2739.)
heading: Editorial Notes
heading: References in Text
text: Herein, referred to in text, means act June 29, 1938, which is classified to sections 251 and 252 to 255 of this title. For complete classification of this Act to the Code, see Tables.
The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.
heading: Amendments
text: 1976—Pub. L. 94–578 substituted “The boundaries of Olympic National Park may be revised only by Act of Congress” for “The President may after eight months from June 29, 1938 by proclamation add to the Olympic National Park any lands within the boundaries of the Olympic National Forest, and any lands which may be acquired by the Government by gift or purchase, which he may deem it advisable to add to such park; and any lands so added to such park shall, upon their addition thereto, become subject to all laws and regulations applicable to other lands within such park: Provided, That the total area of the said park shall not exceed eight hundred and ninety-eight thousand two hundred and ninety-two acres: Provided further, That before issuing any such proclamation, the President shall consult with the Governor of the State of Washington, the Secretary of the Interior, and the Secretary of Agriculture and advise them of the lands which he proposes to add to such park, and shall afford them a reasonable opportunity to consult with and communicate to him their views and recommendations with respect to the addition of such lands to such park.”
heading: Executive Documents
heading: Proclamation No. 3003
text: Proc. No. 3003, Jan. 6, 1953, 18 F.R. 169, enlarged the Olympic National Park by adding to it certain lands within the Olympic National Forest.
16 U.S.C. § 256 (CONSERVATION)
§ 256. Acceptance of land ceded by State of Washington; assumption of jurisdiction
The provisions of the act of the Legislature of the State of Washington, approved March 8, 1941 (Chapter 51 of the Laws of 1941 of the State of Washington), ceding to the United States exclusive jurisdiction over and within all the territory included on March 8, 1941, in the tract of land in the State of Washington, set aside for the purposes of a national park and known as the Olympic National Park, are accepted. Subject to the reservations made by the State in the act of cession, the United States assumes sole and exclusive jurisdiction over such territory.
(Mar. 6, 1942, ch. 151, § 1, 56 Stat. 135.)
heading: Editorial Notes
heading: References in Text
text: Act of State of Washington “approved March 8, 1941”, referred to in text, may be found in Rem. Rev. St., § 8110–1 and Revised Code of Washington Annotated, § 37.08.210.
16 U.S.C. § 256a (CONSERVATION)
§ 256a. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948
text: Section, act Mar. 6, 1942, ch. 151, § 2, 56 Stat. 136, related to inclusion of park in a judicial district. See section 128 of Title 28, Judiciary and Judicial Procedure.
16 U.S.C. § 256d...256h (CONSERVATION)
§§ 256d to 256h. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948
text: Section 256d, acts Mar. 6, 1942, ch. 151, § 5, 56 Stat. 137; Apr. 21, 1948, ch. 223, § 4, 62 Stat. 197, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
text: Section 256e, act Mar. 6, 1942, ch. 151, § 6, 56 Stat. 137, related to issuance of process. See sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
text: Section 256f, act Mar. 6, 1942, ch. 151, § 7, 56 Stat. 137, related to commissioner’s [now magistrate judge’s] salary.
text: Section 256g, act Mar. 6, 1942, ch. 151, § 8, 56 Stat. 137, related to certification and payment of fees, costs, and expenses.
text: Section 256h, act Mar. 6, 1942, ch. 151, § 9, 56 Stat. 137, related to disposition of fines and costs.
16 U.S.C. § 256i (CONSERVATION)
§ 256i. Notice to Governor of Washington; application of laws to subsequently accepted lands
The Secretary of the Interior shall notify in writing the Governor of the State of Washington of the passage and approval of this Act, and of the fact that the United States assumes police jurisdiction over the park. Upon the acceptance by the Secretary of the Interior of further cessions of jurisdiction over lands now or hereafter included in the Olympic National Park, the provisions of sections 256b and 256c of this title shall apply to such lands.
(Mar. 6, 1942, ch. 151, § 10, 56 Stat. 137.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is act Mar. 6, 1942, which is classified to sections 256 to 256i of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 261 (CONSERVATION)
§ 261. Establishment; description of area
When title to such lands, structures, and other property in the Cumberland Gap-Cumberland Ford areas, being portions of the Warriors Path of the Indians and Wilderness Road of Daniel Boone, within Bell and Harlan Counties, Kentucky; Lee County, Virginia; and Claiborne County, Tennessee; as may be determined by the Secretary of the Interior as necessary or desirable for national historical park purposes, shall have been vested in the United States, such area or areas shall be, and they are, established, dedicated, and set apart as a public park for the benefit and inspiration of the people and shall be known as the Cumberland Gap National Historical Park: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid areas.
(June 11, 1940, ch. 304, § 1, 54 Stat. 262; May 26, 1943, ch. 103, § 1, 57 Stat. 85.)
heading: Editorial Notes
heading: Amendments
text: 1943—Act May 26, 1943, omitted proviso relating to inclusion of certain specified lands.
16 U.S.C. § 262 (CONSERVATION)
§ 262. Total area; consent of Congress to acquisition of lands and property and transfer thereof to United States
The total area of the Cumberland Gap National Historical Park, as determined pursuant to this subchapter, shall comprise not less than six thousand acres and shall not exceed fifty thousand acres, and lands may be added to the park following its establishment within the aforesaid limitations. The park shall not include any land within the city limits of Middlesboro and Pineville, Kentucky; Cumberland Gap, Tennessee; which the proper officials thereof shall indicate to the Secretary of the Interior prior to the establishment of said park are required for expansion of said cities.
(a) The consent of Congress is given to the States of Tennessee, Kentucky, and Virginia to enter into a compact providing for (1) the acquisition of the lands, structures, and other property in the Cumberland Gap-Cumberland Ford areas referred to in section 261 of this title, and (2) the transfer of title to such lands, structures, and other property to the United States.
(b) The right to alter, amend, or repeal this section is expressly reserved.
(June 11, 1940, ch. 304, § 2, 54 Stat. 263; May 26, 1943, ch. 103, § 2, 57 Stat. 85.)
heading: Editorial Notes
heading: Amendments
text: 1943—Act May 26, 1943, among other changes, inserted minimum acreage limitation in first par. and added pars. (a) and (b).
16 U.S.C. § 263 (CONSERVATION)
§ 263. Acceptance of donations
The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property within the boundaries of the said historical park as determined and fixed under this subchapter, and donations of funds for the purchase and maintenance thereof: Provided, That he may acquire on behalf of the United States out of any donated funds, by purchase at prices deemed by him reasonable, or by condemnation under the provisions of section 3113 of title 40, such tracts of land within said historical park as may be necessary for the completion thereof. The title to any lands or interests in lands to be acquired pursuant to this subchapter shall be satisfactory to the Secretary of the Interior.
(June 11, 1940, ch. 304, § 3, 54 Stat. 263.)
heading: Editorial Notes
heading: Codification
text: “Section 3113 of title 40” substituted in text for “the Act of August 1, 1888” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
16 U.S.C. § 264 (CONSERVATION)
§ 264. Administration, protection, and development
The administration, protection, and development of the aforesaid national historical 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 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,1 as amended.
(June 11, 1940, ch. 304, § 4, 54 Stat. 263.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 265 (CONSERVATION)
§ 265. Addition of lands
The Secretary of the Interior may acquire for addition to Cumberland Gap National Historical Park the following described land and interests in land, located in Bell County, Kentucky: Provided, That appropriated funds may not be used to pay more than one-half the cost of such acquisition.
Beginning at a concrete marker on the west boundary of Cumberland Gap National Historical Park and being on the south margin of Avondale Avenue in the city of Middlesboro, Kentucky, and also on the south bank of Davis Branch; thence along the park boundary the following courses and distances;
South 24 degrees 50 minutes west, 196.79 feet; thence south 30 degrees 02 minutes west, 129.95 feet to a stake; thence south 12 degrees 22 minutes west, 31.82 feet; thence south 80 degrees 38 minutes west, 143.36 feet; thence south 88 degrees 04 minutes west, 100 feet; thence north 86 degrees 14 minutes west, 100 feet; thence north 80 degrees 33 minutes west, 100 feet; thence north 77 degrees 42 minutes west, 186.40 feet;
Thence north 82 degrees 51 minutes west, 271.55 feet; thence leaving the park boundary and following along the south right-of-way of Clydesdale Avenue south 71 degrees 39 minutes west, 310 feet, more or less, to the north right-of-way of United States Highway 25E;
Thence along the said highway right-of-way south 82 degrees 09 minutes west, 317 feet, more or less, to its intersection with the north right-of-way of Clydesdale Avenue; thence along the north right-of-way of Clydesdale Avenue north 70 degrees 09 minutes east, 423 feet, more or less, to a point on the park boundary;
Thence with the park boundary the following courses and distances: south 86 degrees 39 minutes west, 261.44 feet; thence south 81 degrees 26 minutes west, 147.66 feet; thence north 6 degrees 55 minutes west, 49.23 feet; thence south 83 degrees 04 minutes west, 980 feet; thence north 6 degrees 55 minutes west, 135 feet, more or less, to a point in the middle of Little Yellow Creek;
Thence leaving the park boundary and up the center of the meanders of Little Yellow Creek, 2,562 feet, more or less, to a point in the middle of Little Yellow Creek which is also a point in the middle of Davis Branch;
Thence leaving Little Yellow Creek and along the center of Davis Branch, 400 feet, more or less, to the south margin of Avondale Avenue; thence with the south right-of-way of Avondale Avenue south 55 degrees 44 minutes east, 5 feet, more or less, to the point of beginning, said tract containing 9.0 acres, more or less.
(Pub. L. 87–111, § 1, July 26, 1961, 75 Stat. 224.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of act June 11, 1940, ch. 304, 54 Stat. 262, which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Appropriations
text: Section 2 of Pub. L. 87–111 authorized to be appropriated such sums, but not more than $30,000, as were necessary to carry out the provisions of this section.
16 U.S.C. § 266 (CONSERVATION)
§ 266. Authorization of appropriations for acquisition of additional lands
For the acquisition of lands authorized in section 267 of this title, there are authorized to be appropriated such sums as may be necessary, but not more than $427,500.
(Pub. L. 93–477, title I, § 101(3), Oct. 26, 1974, 88 Stat. 1445.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of act June 11, 1940, ch. 304, 54 Stat. 262, which comprises this subchapter.
16 U.S.C. § 267 (CONSERVATION)
§ 267. Authority of Secretary to acquire additional lands
Notwithstanding the provisions of the Act of June 11, 1940 (54 Stat. 262), as amended (16 U.S.C. 261–265 1 ), the Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange not to exceed 60 acres of land or interests in land located in Bell County, Kentucky, and Claiborne County, Tennessee, for addition to and inclusion in the said national historical park which, upon acquisition, shall become a part of the Cumberland National Historical Park subject to the laws, rules, and regulations governing such park.
(Pub. L. 93–477, title III, § 301(2), Oct. 26, 1974, 88 Stat. 1446.)
heading: Editorial Notes
heading: References in Text
text: Act of June 11, 1940, referred to in text, is act June 11, 1940, ch. 304, 54 Stat. 262, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was not enacted as part of act June 11, 1940, ch. 304, 54 Stat. 262, which comprises this subchapter.