dreamproit/uscode huggingface dataset:
16 U.S.C. § 403b (CONSERVATION)
§ 403b. Administration, protection, and development; Federal Power Act inapplicable; minimum area
The administration, protection, and development of the aforesaid parks shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of sections 1, 2, 3, and 4 of this title, as amended: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to these parks: And provided further, That the minimum area to be administered and protected by the National Park Service shall be for the Shenandoah National Park area one hundred and sixty thousand acres and for the Great Smoky Mountains National Park area four hundred thousand acres: Provided further, That no general development of either of these areas shall be undertaken until a major portion of the remainder in such area shall have been accepted by said Secretary.
(May 22, 1926, ch. 363, § 3, 44 Stat. 616; Feb. 16, 1928, ch. 59, § 1, 45 Stat. 109; Feb. 4, 1932, ch. 19, § 1, 47 Stat. 37; June 15, 1934, ch. 538, § 1, 48 Stat. 964.)
heading: References in Text
text: The Federal Power Act, referred to in text, was in the original the “Act approved June 10, 1920, known as the Federal Water Power Act,” and was redesignated the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.
heading: Amendments
text: 1934—Act June 15, 1934, changed minimum area for Great Smoky Mountains National Park to 400,000 acres.
1932—Act Feb. 4, 1932, changed minimum area for Shenandoah National Park to 160,000 acres.
1928—Act Feb. 16, 1928, changed minimum area for Shenandoah National Park to 327,000 acres.
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. § 403c (CONSERVATION)
§ 403c. Omitted
heading: Codification
text: Section, act May 22, 1926, ch. 363, § 4, 44 Stat. 617, authorized the Secretary of the Interior to employ, for the purpose of carrying out the provisions of sections 403, 403a, and 403b of this title, the commission authorized by act Feb. 21, 1925, ch. 281, 43 Stat. 958 (a temporary act).
16 U.S.C. § 403c–3 (CONSERVATION)
§ 403c–3. Criminal offenses concerning hunting, fishing, and property
All hunting or the killing, wounding, or 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 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 Interior. 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 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, 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 said park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said 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 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 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, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the said park, or who shall within said park commit any damage, injury or spoliation to or upon any building, fence, sign, hedge, gate, guide post, tree, wood, underwood, 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 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.
(Aug. 19, 1937, ch. 703, § 3, 50 Stat. 701.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 19, 1937, which is classified to sections 403c–1 to 403c–11 of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 403c–4 (CONSERVATION)
§ 403c–4. Forfeiture of property used in commission of offenses
All guns, traps, nets, seines, teams, horses, or means 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, taking, or capturing such wild beasts, birds, fish, 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, nets, seines, 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.
(Aug. 19, 1937, ch. 703, § 4, 50 Stat. 701.)
heading: References in Text
text: This Act, referred to in text, is act Aug. 19, 1937, which is classified to sections 403c–1 to 403c–11 of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 403c–5 to 403c–11 (CONSERVATION)
§§ 403c–5 to 403c–11. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948
text: Section 403c–5, acts Aug. 19, 1937, ch. 703, § 5, 50 Stat. 702; May 15, 1947, ch. 57, 61 Stat. 92, 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 403c–6, act Aug. 19, 1937, ch. 703, § 6, 50 Stat. 702, related to jurisdiction of other commissioners. See provisions covering United States magistrate judges in section 631 et seq. of Title 28.
text: Section 403c–7, act Aug. 19, 1937, ch. 703, § 7, 50 Stat. 702, 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 403c–8, act Aug. 19, 1937, ch. 703, § 8, 50 Stat. 702, related to whom process is directed. See section 3053 of Title 18, rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure.
text: Section 403c–9, act Aug. 19, 1937, ch. 703, § 9, 50 Stat. 702, related to commissioner’s [now magistrate judge’s] salary.
text: Section 403c–10, act Aug. 19, 1937, ch. 703, § 10, 50 Stat. 703, related to fees, costs, and expenses against United States. See section 604 of Title 28, Judiciary and Judicial Procedure.
text: Section 403c–11, act Aug. 19, 1937, ch. 703, § 11, 50 Stat. 703, related to disposition of fines and costs. See section 634 of Title 28.
16 U.S.C. § 403e (CONSERVATION)
§ 403e. Acceptance of title to lands; reservations; leases; rights-of-way and easements
The Secretary of the Interior is authorized in his discretion to accept title to lands tendered without cost to the United States within the areas of the Shenandoah National Park and the Great Smoky Mountains 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 the terms and conditions thereof shall have previously been submitted to and approved by said Secretary: And provided further, That he may lease upon such terms and 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 further, That the Secretary of the Interior may accept lands for these parks subject to reservations of rights-of-way and easements.
(Feb. 4, 1932, ch. 19, § 2, 47 Stat. 37.)
heading: Codification
text: Provisions of act Feb. 4, 1932, § 2, relating to Mammoth Cave National Park and Isle Royale National Park are classified to sections 404d and 408c of this title.
16 U.S.C. § 403h–1 (CONSERVATION)
§ 403h–1. Acceptance of jurisdiction by United States; saving provisions
Sole and exclusive jurisdiction is assumed by the United States over certain lands within the States of North Carolina and Tennessee as may be acquired for the Great Smoky Mountains National Park, saving, however, to the State of North Carolina and to the State of Tennessee, respectively, the right to serve civil or criminal process within the limits of the area ceded by such State in suits or prosecutions for or on account of any rights acquired, obligations incurred, or crimes committed in such State outside of said park; and saving further to each such State the right to tax persons and corporations, their franchises and property on the lands included in such ceded area; and saving also to the persons residing in said park now, or hereafter, the right to vote at all elections held within the county in which they reside; and saving further to each such State the right to tax sales in such ceded area of gasoline and other motor-vehicle fuels and oil for use in motor vehicles. Nothing in this section shall be construed as a consent by the United States to the taxation by the States of such sales for the exclusive use of the United States.
(Apr. 29, 1942, ch. 264, § 1, 56 Stat. 258.)
heading: Codification
text: A provision accepting the act of the North Carolina Legislature and the act of the Tennessee Legislature which ceded to the United States exclusive jurisdiction over the territory referred to in this section has been omitted as executed.
16 U.S.C. § 403h–3 (CONSERVATION)
§ 403h–3. Hunting, fishing, etc.; rules and regulations; protection of property; penalties for violating laws and rules
All hunting or the killing, wounding, or 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 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 Interior. 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 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, 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 said park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said 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, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, 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, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in said park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, sign hedge, gate, guide­post, tree, wood, underwood, 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 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.
(Apr. 29, 1942, ch. 264, § 3, 56 Stat. 259.)
heading: References in Text
text: This Act, referred to in text, is act Apr. 29, 1942, which is classified to sections 403h–1 to 403h–10 of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 403h–4 (CONSERVATION)
§ 403h–4. Forfeiture of property used in commission of offenses
All guns, traps, nets, seines, fishing tackle, teams, horses, or means 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, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, 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, nets, seines, fishing tackle, 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 and the proceeds paid into the Treasury of the United States: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court.
(Apr. 29, 1942, ch. 264, § 4, 56 Stat. 260.)
heading: References in Text
text: This Act, referred to in text, is act Apr. 29, 1942, which is classified to sections 403h–1 to 403h–10 of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 403h–5 to 403h–9 (CONSERVATION)
§§ 403h–5 to 403h–9. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948
text: Section 403h–5, act Apr. 29, 1942, ch. 264, § 5, 56 Stat. 260, 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 403h–6, act Apr. 29, 1942, ch. 264, § 6, 56 Stat. 260, 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 403h–7, act Apr. 29, 1942, ch. 264, § 7, 56 Stat. 260, related to commissioner’s [now magistrate judge’s] salary.
text: Section 403h–8, act Apr. 29, 1942, ch. 264, § 8, 56 Stat. 261, related to fees, costs, and expenses against United States. See section 604 of Title 28, Judiciary and Judicial Procedure.
text: Section 403h–9, act Apr. 29, 1942, ch. 264, § 9, 56 Stat. 261, related to disposition of fines and costs. See section 634 of Title 28.
16 U.S.C. § 403h–10 (CONSERVATION)
§ 403h–10. Notice to Governors of North Carolina and Tennessee; application of sections 403h–3 and 403h–4 to subsequent lands accepted
The Secretary of the Interior shall notify in writing the Governors of the States of North Carolina and Tennessee of the passage and approval of this Act, and of the fact that the United States assumes police jurisdiction over said park as specified in said acts of the States of North Carolina and Tennessee. Upon the acceptance by the Secretary of the Interior of further cessions of jurisdiction over lands now or hereafter included in the Great Smoky Mountains National Park, the provisions of sections 2 to 9 inclusive, shall apply to such lands.
(Apr. 29, 1942, ch. 264, § 10, 56 Stat. 261.)
heading: References in Text
text: This Act, referred to in text, is act Apr. 29, 1942, which is classified to sections 403h–1 to 403h–10 of this title. For complete classification of this act to the Code, see Tables.
Sections 2 to 9 inclusive, referred to in text, means sections 2 to 9 of act Apr. 29, 1942, only sections 3 and 4 of which are still in effect and are classified to sections 403h–3 and 403h–4 of this title.
16 U.S.C. § 403h–12 (CONSERVATION)
§ 403h–12. Entrance road to Cataloochee section
In order to provide suitable access to the Cataloochee section of Great Smoky Mountains National Park, the Secretary of the Interior is authorized to select the location of an entrance road from a point near the intersection at White Oak Church of North Carolina Routes Numbered 1338 and 1346 to the eastern boundary of the park in the vicinity of the Cataloochee section, and to accept, on behalf of the United States, donations of land and interests in land for the construction of the entrance road together with the necessary interchange with said Routes 1338 and 1346, and to construct the entrance road and the interchange on the donated land: Provided, That the right-of-way to be acquired, by donation, for the entrance road shall be of such width as to comprise not more than an average of one hundred and twenty-five acres per mile for its entire length of about five and two-tenths miles, constituting in the aggregate about six hundred and fifty acres of land.
All property acquired pursuant to this section shall become a part of the Great Smoky Mountains National Park upon acceptance of title thereto by the Secretary, and shall be subject to all laws, rules, and regulations applicable thereto.
(Pub. L. 88–120, § 1, Sept. 9, 1963, 77 Stat. 154; Pub. L. 91–108, § 1(1), (2), Nov. 4, 1969, 83 Stat. 182.)
heading: Amendments
text: 1969—Pub. L. 91–108 provided for a modified route for the entrance road, changing it to near the intersection at White Oak Church of North Carolina Routes Numbered 1338 and 1346 from a point on North Carolina Highway Numbered 107 close to its point of interchange with Interstate Route Numbered 40, near Hepco, North Carolina, for construction of an interchange between the entrance road and State Routes 1338 and 1346, and acceptance of a donation of land needed for the interchange; and increased the entrance road from a length of four and two-tenths mile aggregating five hundred and twenty-five acres of land to a length of five and two-tenths mile aggregating six hundred and fifty acres, respectively.
16 U.S.C. § 403h–13 (CONSERVATION)
§ 403h–13. Authorization of appropriations
There is hereby authorized to be appropriated for construction of an entrance road on land acquired pursuant to section 403h–12 of this title not more than $2,500,000 (1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein.
(Pub. L. 88–120, § 2, Sept. 9, 1963, 77 Stat. 155; Pub. L. 91–108, § 1(3), Nov. 4, 1969, 83 Stat. 183.)
heading: Amendments
text: 1969—Pub. L. 91–108 substituted appropriations authorization of “$2,500,000 (1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein” for prior authorization or “$1,160,000”.
16 U.S.C. § 403i (CONSERVATION)
§ 403i. Secretary of the Interior authorized to purchase necessary lands
The Secretary of the Interior is authorized to acquire on behalf of the United States by purchase, at prices deemed by him to be reasonable, the lands needed to complete the Great Smoky Mountains National Park in the State of Tennessee, in accordance with the provisions of sections 403 and 403a to 403c of this title; and the Secretary of the Interior is further authorized, when in his opinion unreasonable prices are asked for any of such lands, to acquire the same by condemnation under the provisions of section 3113 of title 40.
(Feb. 12, 1938, ch. 27, § 5, 52 Stat. 29.)
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. § 404 (CONSERVATION)
§ 404. Establishment; boundaries
When title to lands within the area referred to in this section shall have been vested in the United States in fee simple, there shall be, and there is, 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 Secretary of the Interior, in its report of April 8, 1926, and made under authority of the Act of February 21, 1925 (chapter 281, 43 Statutes 958); 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 moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.
(May 25, 1926, ch. 382, § 1, 44 Stat. 635.)
heading: References in Text
text: Act of February 21, 1925, referred to in text, was not classified to the Code.