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16 U.S.C. §§ 1–36

136 sections in range

[§1. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1

Notes, amendments, and revision history

Section, act Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Short Title of 2019 Amendment

Pub. L. 116–9, § 1(a), Mar. 12, 2019, 133 Stat. 580, provided that: “This Act [see Tables for classification] may be cited as the ‘John D. Dingell, Jr. Conservation, Management, and Recreation Act’.”

Short Title of 2008 Amendment

Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: “This Act [see Tables for classification] may be cited as the ‘Consolidated Natural Resources Act of 2008’.”

Short Title of 2004 Amendment

Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: “This Act [see Tables for classification] may be cited as the ‘National Park System Laws Technical Amendments Act of 2004’.”

Short Title of 2002 Amendment

Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided that: “This Act [amending section 460kk of this title] may be cited as the ‘Santa Monica Mountains National Recreation Area Boundary Adjustment Act’.”

Short Title of 2000 Amendment

Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: “This Act [see Tables for classification] may be cited as the ‘Hawaii Volcanoes National Park Adjustment Act of 2000’.”

Short Title of 1983 Amendment

Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat. 909, provided: “That this Act [amending sections 459b–8, 459g–7, and 460x–14 of this title and sections 872, 874, 875, 880, and 885 of former Title 40, Public Buildings, Property, and Works, repealing section 433e of this title, and amending provisions set out as a note under section 433c of this title] may be cited as the ‘Public Lands and National Parks Act of 1983’.”

Definition of “Secretary”

Pub. L. 116–9, § 2, Mar. 12, 2019, 133 Stat. 584, provided that: “In this Act [see Short Title of 2018 Amendment note set out above], the term ‘Secretary’ means the Secretary of the Interior.”

[§1a–1. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–1

Notes, amendments, and revision history

Section, Pub. L. 91–383, § 1, Aug. 18, 1970, 84 Stat. 825; Pub. L. 95–250, title I, § 101(b), Mar. 27, 1978, 92 Stat. 166, related to National Park System: administration; declaration of findings and purpose. See section 100101(b) of Title 54, National Park Service and Related Programs.

[§1a–2. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–2

Notes, amendments, and revision history

Section, Pub. L. 91–383, § 3, Aug. 18, 1970, 84 Stat. 826; Pub. L. 94–458, § 1, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 104–333, div. I, title VII, § 703, title VIII, § 818, Nov. 12, 1996, 110 Stat. 4185, 4201; Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3522; Pub. L. 106–176, title I, § 118, Mar. 10, 2000, 114 Stat. 28, related to Secretary of the Interior’s authorization of activities. See sections 100751(b), 100901(a) to (c), 100906(a), (d), 101302, 101702(b), (c), 101703, and 102102 of Title 54, National Park Service and Related Programs.

[§1a–3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–3

Notes, amendments, and revision history

Section, Pub. L. 91–383, § 6, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1939; amended Pub. L. 103–437, § 6(a)(1), Nov. 2, 1994, 108 Stat. 4583, related to legislative jurisdiction; relinquishment by Secretary; submittal of proposed agreement to Congressional committees; concurrent legislative jurisdiction. See section 100754 of Title 54, National Park Service and Related Programs.

[§1a–5. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–5

Notes, amendments, and revision history

Section, Pub. L. 91–383, § 8, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title VI, § 604(1), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 96–199, title I, § 104, Mar. 5, 1980, 94 Stat. 68; Pub. L. 96–344, § 8, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 103–437, § 6(b), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(I), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–391, title III, § 303, Nov. 13, 1998, 112 Stat. 3501, related to additional areas for National Park System. See section 100507 of Title 54, National Park Service and Related Programs.

[§1a–6. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–6

Notes, amendments, and revision history

Section, Pub. L. 91–383, § 10, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941; amended Pub. L. 106–437, § 2, Nov. 6, 2000, 114 Stat. 1920; Pub. L. 108–352, § 11, Oct. 21, 2004, 118 Stat. 1397, related to law enforcement personnel within National Park System. See section 102701 of Title 54, National Park Service and Related Programs.

[§1a–7. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–7

Notes, amendments, and revision history

Section, Pub. L. 91–383, § 12, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; amended Pub. L. 95–625, title VI, § 604(3), (4), Nov. 10, 1978, 92 Stat. 3518, 3519; Pub. L. 103–437, § 6(c), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 105–391, title IV, § 415(b)(2), Nov. 13, 1998, 112 Stat. 3515, related to National Park System development program. Subsec. (a), which required the Secretary of the Interior to transmit a detailed development program and had been omitted from the Code due to its termination, was repealed as obsolete. Subsec. (b) was repealed and restated in section 100502 of Title 54, National Park Service and Related Programs.

§1a–7b. Protection of right of individuals to bear arms

16 U.S.C. § 1a–7b

(a)
Congressional findings— Congress finds the following:
(1)
The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”.
(2)
Section 27.42 of title 50, Code of Federal Regulations, provides that, except in special circumstances, citizens of the United States may not “possess, use, or transport firearms on national wildlife refuges” of the United States Fish and Wildlife Service.
(3)
The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at units of the National Wildlife Refuge System.
(4)
The existence of different laws relating to the transportation and possession of firearms at different units of the National Wildlife Refuge System entrapped law-abiding gun owners while at units of the National Wildlife Refuge System.
(5)
Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in units of the National Wildlife Refuge System that went into effect on January 9, 2009—
(A)
on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and
(B)
the new regulations—
(i)
are under review by the Obama administration; and
(ii)
may be altered.
(6)
Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 90,790,000 acres of land under the jurisdiction of the United States Fish and Wildlife Service.
(7)
Federal laws should make it clear that the 2d amendment rights of an individual at a unit of the National Wildlife Refuge System should not be infringed.
(b)
Protection of right of individuals to bear arms in units of the National Wildlife Refuge System— The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any unit of the National Wildlife Refuge System if—
(1)
the individual is not otherwise prohibited by law from possessing the firearm; and
(2)
the possession of the firearm is in compliance with the law of the State in which the unit of the National Wildlife Refuge System is located.
Notes, amendments, and revision history

(Pub. L. 111–24, title V, § 512, May 22, 2009, 123 Stat. 1764; Pub. L. 113–287, §§ 4(d), 7, Dec. 19, 2014, 128 Stat. 3263, 3272.)

Editorial Notes

Amendments

2014—Pub. L. 113–287, § 7, which directed repeal of this section insofar as it related to the National Park System, could not be executed because of the general amendment by Pub. L. 113–287, § 4(d), which made section applicable only to the National Wildlife Refuge System. See below. For provisions related to the National Park System, see section 104906 of Title 54, National Park Service and Related Programs.

Pub. L. 113–287, § 4(d), amended section generally. Prior to amendment, section related to the right of Americans to exercise their Second Amendment rights in the National Park System and the National Wildlife Refuge System.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective nine months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an Effective Date of 2009 Amendment note under section 1602 of Title 15, Commerce and Trade.

[§1a–8. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1a–8

Notes, amendments, and revision history

Section, Pub. L. 98–540, § 4, Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, § 6(d)(1), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196, related to maintenance management system for the National Park System. Subsec. (a) was repealed and restated in section 101301 of Title 54, National Park Service and Related Programs. Subsec. (b), which required annual status reports, had been previously repealed by Pub. L. 104–333.

[§1b. Repealed or Transferred — repealed]

16 U.S.C. § 1b

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act Aug. 8, 1953, ch. 384, § 1, 67 Stat. 495; Pub. L. 91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826, which related to Secretary of the Interior’s authorization of additional activities; administration of National Park System, was repealed in part and transferred in part. Introductory provisions and pars. (1), (2), and (4) to (8) were repealed and restated in sections 100901(a), (d) to (h), 101901, and 102711 of Title 54, National Park Service and Related Programs. Par. (3) was transferred and is set out as a note under section 407a of this title.

[§1e. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1e

Notes, amendments, and revision history

Section, Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct. 12, 1984, 98 Stat. 1837, 1844; Pub. L. 89–671, § 14(c), as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, related to National Capital region arts and cultural affairs; grant program. See section 102302 of Title 54, National Park Service and Related Programs.

[§1j. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 1j

Notes, amendments, and revision history

Section, Pub. L. 110–229, title III, § 301, May 8, 2008, 122 Stat. 768, related to cooperative agreements for national park natural resource protection. Subsecs. (a) to (c) were repealed and restated in section 101702(d) of Title 54, National Park Service and Related Programs. Subsec. (d) authorized appropriations to carry out this section.

[§3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 3

Notes, amendments, and revision history

Section, act Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535; June 2, 1920, ch. 218, § 5, 41 Stat. 732; Mar. 7, 1928, ch. 137, § 1, 45 Stat. 235; Pub. L. 85–434, May 29, 1958, 72 Stat. 152; Pub. L. 105–391, title IV, § 415(b)(1), Nov. 13, 1998, 112 Stat. 3515, related to rules and regulations of national parks, reservations, and monuments; timber; leases. See section 1865(a) of Title 18, Crimes and Criminal Procedure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs.

[§3b. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 3b

Notes, amendments, and revision history

Section, Pub. L. 87–608, Aug. 24, 1962, 76 Stat. 405, related to maintenance and repair of Government improvements under concession contracts.

Editorial Notes

Codification

Section was classified to section 303c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062.

[§5. Omitted — omitted]

16 U.S.C. § 5

Notes, amendments, and revision history

Editorial Notes

Codification

Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on “the public lands, national forests, and reservations of the United States” for electrical power and communications purposes, was omitted because its provisions, as they related to System units, were repealed by Pub. L. 113–287 and because act Mar. 4, 1911, is also classified to section 961 of Title 43, Public Lands. It was also classified to sections 420 and 523 of this title prior to their omission from the Code.

[§7a. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 7a

Notes, amendments, and revision history

Section, act Mar. 18, 1950, ch. 72, § 1, 64 Stat. 27; Pub. L. 85–726, title XIV, § 1402(e), Aug. 23, 1958, 72 Stat. 807; Pub. L. 91–258, title I, § 52(b)(1), May 21, 1970, 84 Stat. 235, related to airports in national parks, monuments and recreation areas; construction, etc. See section 101501(b) of Title 54, National Park Service and Related Programs.

[§8–1. Repealed. Pub. L. 85–767, § 2 [33], Aug. 27, 1958, 72 Stat. 919 — repealed]

16 U.S.C. § 8–1

Notes, amendments, and revision history

Section, act Sept. 7, 1950, ch. 912, § 4(a), 64 Stat. 787, related to administration of appropriations for construction, reconstruction, and improvement of roads and trails in national parks, monuments, and other areas administered by National Park Service.

Act Sept. 5, 1940, ch. 715, § 8, 54 Stat. 870, which was formerly classified to this section, was repealed by Pub. L. 85–767, § 2[23], Aug. 27, 1958, 72 Stat. 919.

[§8b. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 8b

Notes, amendments, and revision history

Section, act Apr. 9, 1924, ch. 86, § 5, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053; amended 1939 Reorg. Plan No. I, §§ 301, 302, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1426; June 29, 1948, ch. 732, § 4(a), 62 Stat. 1107; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 10, 1949, 14 F.R. 5228, 63 Stat. 1070, related to national-park approach roads and roads and trails within national parks and national monuments; construction, improvement, and maintenance; appropriation. See section 101511(a), (b)(2), (c) of Title 54, National Park Service and Related Programs.

[§8c. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 8c

Notes, amendments, and revision history

Section, act Apr. 9, 1924, ch. 86, § 6, as added Jan. 31, 1931, ch. 79, 46 Stat. 1054, related to national-park approach roads across or within national forests; approval of Secretary of Agriculture. See section 101511(b)(3) of Title 54, National Park Service and Related Programs.

[§10. Repealed. Pub. L. 91–383, § 10(a)(2), (3), as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941 — repealed]

16 U.S.C. § 10

Notes, amendments, and revision history

Section 10, act Mar. 3, 1905, ch. 1405, 33 Stat. 873, authorized National Park Service employees to arrest and prosecute persons violating the laws and regulations relating to the national forests and national parks. Act Mar. 3, 1905, insofar as it relates to the Forest Service, is classified to section 559 of this title. Pub. L. 91–383, § 10(a), as amended, amended act Mar. 3, 1905, to delete references to the National Park Service and the national parks.

Section 10a, act Mar. 2, 1933, ch. 180, § 2, 47 Stat. 1420, related to the authorization of commissioners, superintendents, caretakers, officers, or guards of national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, to arrest and prosecute persons for violations of any of the regulations prescribed pursuant to former section 9a of this title.

[§10a. Repealed. Pub. L. 91–383, § 10(a)(2), (3), as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941 — repealed]

16 U.S.C. § 10a

Notes, amendments, and revision history

Section 10, act Mar. 3, 1905, ch. 1405, 33 Stat. 873, authorized National Park Service employees to arrest and prosecute persons violating the laws and regulations relating to the national forests and national parks. Act Mar. 3, 1905, insofar as it relates to the Forest Service, is classified to section 559 of this title. Pub. L. 91–383, § 10(a), as amended, amended act Mar. 3, 1905, to delete references to the National Park Service and the national parks.

Section 10a, act Mar. 2, 1933, ch. 180, § 2, 47 Stat. 1420, related to the authorization of commissioners, superintendents, caretakers, officers, or guards of national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, to arrest and prosecute persons for violations of any of the regulations prescribed pursuant to former section 9a of this title.

[§14. Repealed. Pub. L. 88–578, § 2(a), Sept. 3, 1964, 78 Stat. 899 — repealed]

16 U.S.C. § 14

Notes, amendments, and revision history

Section, acts Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238; Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1602, prohibited expenditure of appropriations for National Park Service where campground privileges are charged for by the Park Service.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1965, see section 1(a) of Pub. L. 88–578, set out in part as an Effective Date of 1964 Amendment note under section 460d of this title.

[§14b. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 14b

Notes, amendments, and revision history

Section, act May 9, 1935, ch. 101, § 1, 49 Stat. 209, related to credits of receipts for meals and quarters furnished to Government employees in the field. Provision was also set out as section 456a of this title. See section 103101(a) of Title 54, National Park Service and Related Programs.

[§17c. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 17c

Notes, amendments, and revision history

Section, act May 26, 1930, ch. 324, § 4, 46 Stat. 382, related to procurement of supplies, materials, and special services to aid permittees and licensees in emergencies; authority of Secretary of the Interior. See section 102712(b) of Title 54, National Park Service and Related Programs.

[§17d. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 17d

Notes, amendments, and revision history

Section, act May 26, 1930, ch. 324, § 5, 46 Stat. 382, provided that section 543 of former Title 31, Money and Finance, should not be construed to prohibit the acceptance of traveler’s checks and other forms of money equivalent in payment of automobile license fees, etc. charged at national parks.

[§17j. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 17j

Notes, amendments, and revision history

Section, act May 26, 1930, ch. 324, § 11, 46 Stat. 383; Pub. L. 91–383, § 5, Aug. 18, 1970, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1939, related to traveling expenses of National Park System employees and dependents of deceased employees. See section 101305 of Title 54, National Park Service and Related Programs.

§17j–2. Authorization of appropriations for road maintenance and repair, etc.

16 U.S.C. § 17j–2

Appropriations for the National Park Service are authorized for—
(a)
Necessary protection of the area of federally owned land in the custody of the National Park Service known as the Ocean Strip and Queets Corridor, adjacent to Olympic National Park, Washington; necessary repairs to the roads from Glacier Park Station through the Blackfeet Indian Reservation to the various points in the boundary line of Glacier National Park, Montana, and the international boundary; repair and maintenance of approximately two and seventy-seven one-hundredths miles of road leading from United States Highway 187 to the north entrance of Grand Teton National Park, Wyoming; maintenance of approach roads through the Lassen National Forest leading to Lassen Volcanic National Park, California; maintenance and repair of the Generals Highway between the boundaries of Sequoia National Park, California, and the Grant Grove section of Kings Canyon National Park, California; maintenance of approximately two and one-fourth miles of roads comprising those portions of the Fresno-Kings Canyon approach road, Park Ridge Lookout Road, and Ash Mountain-Advance truck trail, necessary to the administration and protection of the Sequoia and Kings Canyon National Parks; maintenance of the roads in the national forests leading out of Yellowstone National Park, Wyoming, Idaho, and Montana; maintenance of the road in the Stanislaus National Forest connecting the Tioga Road with the Hetch Hetchy Road near Mather Station, Yosemite National Park, California; and maintenance and repair of the approach road to the Little Bighorn Battlefield National Monument and the road connecting the said monument with the Reno Monument site, Montana; repair and maintenance of the class “C” road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class “C” road enters Coronado National Memorial in the vicinity of Montezuma Pass, approximately 5.3 miles.
(b)
to (g) Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272.
(h)
Acquisition of rights-of-way and construction and maintenance of a water supply line partly outside the boundaries of Mesa Verde National Park.
Notes, amendments, and revision history

(Aug. 7, 1946, ch. 788, 60 Stat. 885; Pub. L. 86–689, § 3, Sept. 2, 1960, 74 Stat. 737; Pub. L. 102–201, title I, § 101, Dec. 10, 1991, 105 Stat. 1631; Pub. L. 104–333, div. I, title VIII, § 802, Nov. 12, 1996, 110 Stat. 4186; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272.)

Editorial Notes

Amendments

2014—Subsecs. (b) to (g), (i), (j). Pub. L. 113–287 struck out subsecs. (b) to (g), (i), and (j), which authorized various appropriations for the National Park Service. See section 103102 of Title 54, National Park Service and Related Programs.

1996—Subsec. (j). Pub. L. 104–333 added subsec. (j).

1960—Subsec. (a). Pub. L. 86–689 authorized appropriations for the repair and maintenance of the class “C” road lying between the terminus of F.A. 383 at the east boundary of Coronado National Forest and the point where said class “C” road enters Coronado National Memorial in the vicinity of Montezuma Pass.

Statutory Notes and Related Subsidiaries

Change of Name

“Little Bighorn Battlefield National Monument” substituted in text for “Custer Battlefield National Monument” pursuant to Pub. L. 102–201.

Executive Documents

Transfer of Functions

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.

[§17k. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 17k

Notes, amendments, and revision history

Section, act June 23, 1936, ch. 735, § 1, 49 Stat. 1894, related to park, parkway and recreational-area programs; study by National Park Service; consent of States; purpose; cooperation of government agencies. See section 100504(a)(2), (3) of Title 54, National Park Service and Related Programs.

[§17o. Repealed or Omitted — repealed]

16 U.S.C. § 17o

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 104–333, div. I, title VIII, § 814(a), Nov. 12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I, § 120(a)(1), Mar. 10, 2000, 114 Stat. 28; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which related to National Park Service housing improvement, was repealed in part and omitted in part.

Section 17o consisted of pars. (1) to (19). Pars. (2) to (19) were repealed, and pars. (2), (3), (6) to (14), and (17) to (19) were restated in subchapter III (§ 101331 et seq.) of chapter 1013 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272, which Act enacted Title 54. For disposition of section 17o, see Disposition Table preceding section 100101 of Title 54.

Par. (1), which stated the purposes of this section, was omitted from the Code given the repeal of pars. (2) to (19) and enactment of Title 54.

[§18. Transferred — transferred]

16 U.S.C. § 18

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act July 19, 1940, ch. 642, § 1, 54 Stat. 773; Pub. L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765; Pub. L. 94–55, § 2(b), July 9, 1975, 89 Stat. 262, which related to promotion of tourist travel, was transferred to section 1544 of Title 15, Commerce and Trade.

[§18a. Transferred — transferred]

16 U.S.C. § 18a

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act July 19, 1940, ch. 642, § 2, 54 Stat. 773, which related to cooperation with travel agencies and publication of information, was transferred to section 1545 of Title 15, Commerce and Trade.

[§18b. Transferred — transferred]

16 U.S.C. § 18b

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act July 19, 1940, ch. 642, § 3, 54 Stat. 773; Pub. L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765; Pub. L. 97–31, § 12(10), Aug. 6, 1981, 95 Stat. 154; Pub. L. 98–443, § 9(o), Oct. 4, 1984, 98 Stat. 1708, which related to an advisory committee for promotion of tourist travel, was transferred to section 1546 of Title 15, Commerce and Trade.

[§18c. Transferred — transferred]

16 U.S.C. § 18c

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act July 19, 1940, ch. 642, § 4, 54 Stat. 774; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765, which related to rules and regulations and employees, was transferred to section 1547 of Title 15, Commerce and Trade.

[§18d. Transferred — transferred]

16 U.S.C. § 18d

Notes, amendments, and revision history

Editorial Notes

Codification

Section, act July 19, 1940, ch. 642, § 5, 54 Stat. 774; Pub. L. 91–549, Dec. 14, 1970, 84 Stat. 1437; Pub. L. 94–55, § 2(a), July 9, 1975, 89 Stat. 262, which authorized appropriations, was transferred to section 1548 of Title 15, Commerce and Trade.

[§18f–1. Transferred — transferred]

16 U.S.C. § 18f–1

Notes, amendments, and revision history

Editorial Notes

Codification

Section, Pub. L. 101–512, title I, § 116, Nov. 5, 1990, 104 Stat. 1937, which related to disposal of unnecessary or duplicate museum objects and use of proceeds, was transferred and is set out as a note under section 102501 of Title 54, National Park Service and Related Programs.

[§18f–3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 18f–3

Notes, amendments, and revision history

Section, act July 1, 1955, ch. 259, § 3, as added Pub. L. 104–333, div. I, title VIII, § 804(b), Nov. 12, 1996, 110 Stat. 4188, related to application and definitions. Subsec. (a), which made certain authorities available to the Secretary of the Interior, was repealed as obsolete. Subsec. (b) was repealed and restated in section 102502 of Title 54, National Park Service and Related Programs.

[§18j. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 18j

Notes, amendments, and revision history

Section, Pub. L. 91–357, § 4, July 29, 1970, 84 Stat. 472; Pub. L. 94–128, Nov. 13, 1975, 89 Stat. 682; Pub. L. 98–540, § 1(a), Oct. 24, 1984, 98 Stat. 2718; Pub. L. 104–333, div. I, title VIII, § 805, Nov. 12, 1996, 110 Stat. 4188; Pub. L. 113–235, div. F, title I, § 118, Dec. 16, 2014, 128 Stat. 2421, authorized appropriations. See section 102301(d) of Title 54, National Park Service and Related Programs.

[§§19 to 19c. Repealed. Pub. L. 90–209, § 2, Dec. 18, 1967, 81 Stat. 656 — repealed]

16 U.S.C. §§ 19 to 19c

Notes, amendments, and revision history

Sections, act July 10, 1935, ch. 375, §§ 1–3, 5, 49 Stat. 477, 478, related to: creation of National Park Trust Fund Board, its composition, conduct of business, and compensation; authority to accept and administer gifts, disposition of income, and limitations thereof; succession, powers as trustee, and jurisdiction of suits; and exemption of gifts from taxation, respectively.

[§19n. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 19n

Notes, amendments, and revision history

Section, Pub. L. 90–209, § 10, Dec. 18, 1967, 81 Stat. 657, required the National Park Foundation to transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. Section had terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See also page 204 of House Document No. 103–7.

[§§19aa to 19gg. Omitted — omitted]

16 U.S.C. §§ 19aa to 19gg

Notes, amendments, and revision history

Editorial Notes

Codification

Sections 19aa to 19gg were omitted pursuant to section 19gg which provided that all authorities contained in this subchapter expired Sept. 30, 1989.

Section 19aa, Pub. L. 97–433, § 2, Jan. 8, 1983, 96 Stat. 2277, defined terms for purposes of this subchapter.

Section 19bb, Pub. L. 97–433, § 3, Jan. 8, 1983, 96 Stat. 2277, established in United States Treasury the National Park System Visitor Facilities Fund and provided for funds to be credited to that Fund.

Section 19cc, Pub. L. 97–433, § 4, Jan. 8, 1983, 96 Stat. 2277, authorized appropriations to be made available to National Park Foundation to carry out its functions under this subchapter.

Section 19dd, Pub. L. 97–433, § 5, Jan. 8, 1983, 96 Stat. 2278, related to administration of Fund projects and required Foundation to include in its annual report a description of projects undertaken and accomplishments made under this subchapter.

Section 19ee, Pub. L. 97–433, § 6, Jan. 8, 1983, 96 Stat. 2278, related to authority of National Park Foundation.

Section 19ff, Pub. L. 97–433, § 7, Jan. 8, 1983, 96 Stat. 2279, provided that nothing in this subchapter affect responsibilities of Secretary of the Interior under other provisions of law.

Section 19gg, Pub. L. 97–433, § 8, Jan. 8, 1983, 96 Stat. 2279, provided that authorities contained in this subchapter expire Sept. 30, 1989, and that any moneys credited to Fund not appropriated, expended, or obligated be transferred to miscellaneous receipts of the Treasury.

Statutory Notes and Related Subsidiaries

Short Title

Section 1 of Pub. L. 97–433 provided that this subchapter be cited as the “National Park System Visitor Facilities Fund Act”.

[§19jj–1. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 — repealed]

16 U.S.C. § 19jj–1

Notes, amendments, and revision history

Section, Pub. L. 101–337, § 2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, § 814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, § 120(c), Mar. 10, 2000, 114 Stat. 29, related to liability. See section 100722 of Title 54, National Park Service and Related Programs.

[§§20 to 20g. Repealed. Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515 — repealed]

16 U.S.C. §§ 20 to 20g

Notes, amendments, and revision history

Section 20, Pub. L. 89–249, § 1, Oct. 9, 1965, 79 Stat. 969, related to congressional findings and statement of purpose.

Section 20a, Pub. L. 89–249, § 2, Oct. 9, 1965, 79 Stat. 969, related to authority of Secretary of the Interior to encourage concessioners.

Section 20b, Pub. L. 89–249, § 3, Oct. 9, 1965, 79 Stat. 969, related to protection of concessioner’s investment.

Section 20c, Pub. L. 89–249, § 4, Oct. 9, 1965, 79 Stat. 970, related to new or additional services, preferential rights, and operations by a single concessioner.

Section 20d, Pub. L. 89–249, § 5, Oct. 9, 1965, 79 Stat. 970, related to renewal preference for satisfactory performance, extensions, new contracts, and public notice.

Section 20e, Pub. L. 89–249, § 6, Oct. 9, 1965, 79 Stat. 970, related to concessioner’s possessory interest in concession property, limitations, compensation for taking, and determination of just compensation.

Section 20f, Pub. L. 89–249, § 7, Oct. 9, 1965, 79 Stat. 971, related to use of non-monetary consideration in leases of government property.

Section 20g, Pub. L. 89–249, § 9, Oct. 9, 1965, 79 Stat. 971, related to recordkeeping, audit and examination, and access to books and records.

Sections 20 to 20g were popularly known as the National Park System Concessions Policy Act.

§21. Establishment; boundaries; trespassers

16 U.S.C. § 21

The tract of land in the States of Montana and Wyoming, lying near the headwaters of the Yellowstone River and described as follows, to wit, commencing at the junction of Gardiner’s River, with the Yellowstone River, and running east to the meridian passing ten miles to the eastward of the most eastern point of Yellowstone Lake; thence south along said meridian to the parallel of latitude passing ten miles south of the most southern point of Yellowstone Lake; thence west along said parallel to the meridian passing fifteen miles west of the most western point 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 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 pleasuring ground for the benefit and enjoyment of the people; and all persons who locate, or settle upon, or occupy any part of the land thus set apart as a public park, except as provided in section 22 of this title, shall be considered trespassers and removed therefrom.
Notes, amendments, and revision history

(R.S. § 2474.)

Editorial Notes

Codification

R.S. § 2474 derived from act Mar. 1, 1872, ch. 24, § 1, 17 Stat. 32.

§21a. Revision of boundaries; contiguous national forests; jurisdiction of forests

16 U.S.C. § 21a

The boundary of the Yellowstone National Park is 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 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 intersection with the hydrographic divide immediately south of Middle 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 at 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 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 Yellowstone 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 boundary lines are 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 included in and made a part of the contiguous national forests subject to all laws and regulations applicable to national forests, and upon acceptance thereof by appropriate action of the State, jurisdiction for all purposes whatsoever shall be, and is, ceded over the land excluded from the park to the State of Wyoming.

Notes, amendments, and revision history

(Mar. 1, 1929, ch. 437, § 1, 45 Stat. 1435; Apr. 19, 1930, ch. 190, 46 Stat. 220.)

Editorial Notes

Amendments

1930—Act Apr. 19, 1930, struck out “Provided, That whereas it is the purpose and intent of Congress to retain the areas hereby added to the park in its original wilderness character, therefore, no new roads shall be constructed and no hotels or permanent camps shall be authorized or permitted to be maintained on such lands”.

§21b. Extension of certain laws to park

16 U.S.C. § 21b

The provisions of the Act of March 1, 1872,1 reserving lands for park purposes, the Act of July 10, 1890,1 admitting the State of Wyoming into the Union, the Act of May 7, 1894, entitled “An Act to protect the birds and animals in the Yellowstone National Park and to punish crimes in said park, and for other purposes,”1 the Act of August 25, 1916, entitled “An Act to establish a National Park Service, and for other purposes,”1 and all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands added to the park: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to or extend over such lands.

Footnotes

  1. 1 See References in Text note below.
Notes, amendments, and revision history

(Mar. 1, 1929, ch. 437, § 2, 45 Stat. 1436.)

Editorial Notes

References in Text

The Act of March 1, 1872, referred to in text, is act Mar. 1, 1872, ch. 24, 17 Stat. 32. That Act was incorporated into the Revised Statutes as R.S. §§ 2474 and 2475 which are classified to sections 21 and 22, respectively, of this title. For complete classification of this Act to the Code, see Tables.

The Act of July 10, 1890, referred to in text, is act July 10, 1890, ch. 664, 26 Stat. 222. The Act was classified to sections 481 and 490 of former Title 28, Judicial Code and Judiciary, which were repealed and reenacted in sections 501 and 541 of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, §§ 1, 39, 62 Stat. 869, 992. See section 541 of Title 28.

The Act of May 7, 1894, entitled “An Act to protect the birds and animals in the Yellowstone National Park and to punish crimes in said park, and for other purposes,”, referred to in text, is act May 7, 1894, ch. 72, 28 Stat. 73, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

The Act of August 25, 1916, 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.

The Federal Power Act, referred to in text, was in the original 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 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,’ ” 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, 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.

§21c. Section 485 as extending to revised boundaries; lands acquired by exchange

16 U.S.C. § 21c

The provisions of section 485 of this title shall continue to be applicable to the areas included within the Yellowstone National Park by section 21a of this title, and any lands within such areas acquired by exchange thereunder shall thereupon become a part of the Yellowstone National Park.
Notes, amendments, and revision history

(Mar. 1, 1929, ch. 437, § 3, 45 Stat. 1436.)

§21d. Existing claims, locations, and entries as affected by revised boundaries

16 U.S.C. § 21d

Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral right of way, or any other purposes whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land.
Notes, amendments, and revision history

(Mar. 1, 1929, ch. 437, § 4, 45 Stat. 1436.)

Editorial Notes

References in Text

Herein, referred to in text, means act Mar. 1, 1929, which is classified to sections 21a to 21d of this title. For complete classification of this Act to the Code, see Tables.

§22. Control of park by Secretary of the Interior; removal of trespassers

16 U.S.C. § 22

The Yellowstone National 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 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 the park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding ten years, of small parcels of ground, at such places in the park as may require the erection of buildings for the accommodation of visitors; all of the proceeds of such leases, and all other revenues that may be derived from any source connected with the 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 destruction of the fish and game found within the park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same to be removed therefrom, and generally is authorized to take all such measures as may be necessary or proper to fully carry out the objects and purposes of this section.
Notes, amendments, and revision history

(R.S. § 2475.)

Editorial Notes

Codification

R.S. § 2475 derived from act Mar. 1, 1872, ch. 24, § 2, 17 Stat. 33.

§23. Detail of troops for protection of park

16 U.S.C. § 23

The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary details of troops to prevent trespassers 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.
Notes, amendments, and revision history

(Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

§24. Jurisdiction over park; fugitives from justice

16 U.S.C. § 24

The Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States. All the laws applicable to places under the sole and exclusive jurisdiction of the United States, shall have force and effect in said park. Nothing in this Act shall be construed to forbid the service in the 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.
Notes, amendments, and revision history

(May 7, 1894, ch. 72, § 1, 28 Stat. 73.)

Editorial Notes

References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section 2 of act May 7, 1894, provided that the Yellowstone National Park should be part of the judicial district of Wyoming, and that the courts of the United States for the district should have jurisdiction of all offenses committed within the park. It was superseded by act Mar. 3, 1911, ch. 231, § 115, 36 Stat. 1130, constituting the State of Wyoming and Yellowstone National Park the judicial district of Wyoming, that section being in turn superseded by act June 5, 1924, ch. 260, 43 Stat. 388. Provisions of that act are covered by section 131 of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Wyoming: Jurisdiction Over Park

The act admitting the State of Wyoming into the Union, act July 10, 1890, ch. 664, 26 Stat. 222, contained a proviso annexed to the description of the boundaries of the State, in section 2 of the act, as follows: “That nothing in this act contained shall repeal or affect any act of Congress relating to the Yellowstone National Park, or the reservation of the Park as now defined, or as 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 park of civil and criminal process lawfully issued by the authority of said State.”

§26. Regulations for hunting and fishing in park; punishment for violations; forfeitures

16 U.S.C. § 26

All hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of 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. The Secretary 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, natural curiosities, or wonderful objects within said park; and for the protection 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 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, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding $300. Any person found guilty of violating 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 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 $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.

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 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 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.

Notes, amendments, and revision history

(May 7, 1894, ch. 72, § 4, 28 Stat. 73; June 28, 1916, ch. 179, 39 Stat. 238.)

Editorial Notes

References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

[§§27 to 29. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 — repealed]

16 U.S.C. §§ 27 to 29

Notes, amendments, and revision history

Section 27, acts May 7, 1894, ch. 72, § 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to jurisdiction and powers of commissioner [now magistrate judges]. See sections 131, 631, and 632 of Title 28, Judiciary and Judicial Procedure.

Section 28, act May 7, 1894, ch. 72, § 6, 28 Stat. 75, related to deputy marshals. See section 562 of Title 28.

Section 29, acts May 7, 1894, ch. 72, § 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, § 1, 31 Stat. 133; Mar. 4, 1923, ch. 295, 42 Stat. 1560, related to compensation of commissioners [now magistrate judges], marshals, and United States attorneys. See sections 548, 571, 572, and 634 of Title 28.

§30. Jail building; office of magistrate judge

16 U.S.C. § 30

The Secretary of the Interior shall cause to be erected in Yellowstone National Park a suitable building to be used as a jail, and also having in said building an office for the use of the United States magistrate judge.
Notes, amendments, and revision history

(May 7, 1894, ch. 72, § 9, 28 Stat. 75; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

Editorial Notes

Codification

Section 9 of the act of May 7, 1894, contained the added clause, “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 certificate of the Secretary as a voucher therefor,” which was superseded by the provisions contained in section 451 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted in text for “magistrate” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

§30a. Existing laws as affected

16 U.S.C. § 30a

This Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of the Army certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park.
Notes, amendments, and revision history

(May 7, 1894, ch. 72, § 10, 28 Stat. 75; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Editorial Notes

References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

§32. Lease of lands within park

16 U.S.C. § 32

The Secretary of the Interior is authorized and empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yellowstone National Park, separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any 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.

Such lease or leases shall not include any of the geysers or any objects of curiosity or interest in said park, or exclude the public from free and convenient approach thereto, or include any ground within one-eighth of a mile of any of the geysers of the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park; nor shall such lease convey either expressly or by implication any exclusive privilege within the park, except on the premises held thereunder and for the time therein granted. Every lease made for any property of said park shall require the lessee to observe and obey each and every provision in any Act of Congress, every rule, order, or regulation made or which shall hereafter be made and published by 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, and shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior.

The provisions of this section are not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion.

Notes, amendments, and revision history

(Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. 2570, 34 Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. 1219.)

Editorial Notes

Codification

The first paragraph of this section is from act June 4, 1906, as amended by act Mar. 2, 1907, which changed the authorized term of leasing from ten years to twenty years as set out above. It superseded earlier provisions covering similar matter contained in the first sentence of act Aug. 3, 1894.

The second paragraph of the section is from act Aug. 3, 1894, which contained a further proviso that “persons or corporations now holding leases of ground in the park may, upon the surrender thereof, be granted new leases hereunder, and upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as the Secretary of the Interior may prescribe” which has been omitted as temporary and executed.

A further provision that “so much of that portion of the act of March third, eighteen hundred and eighty-three, relating to the Yellowstone Park as conflict with the act, be and the same is hereby, repealed” and the portion of the act March 3, 1883, referred to in such provision, have been omitted from the Code, the last named portion having been superseded by the Acts cited to text.

§33. Mortgages by lessees within the park

16 U.S.C. § 33

Any person, corporation, or company holding a lease within Yellowstone Park for the purposes described in section 32 of this title is authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the Secretary of the Interior, and such mortgages, together with the approval of the 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. Any mortgage, lien, or encumbrance created under the provisions of this section 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.
Notes, amendments, and revision history

(June 4, 1906, ch. 2570, 34 Stat. 207.)

§34. Road extensions

16 U.S.C. § 34

Road extensions and improvements shall be made in the Yellowstone National Park under and in harmony with the general plan of roads and improvements to be approved by the Secretary of the Interior.
Notes, amendments, and revision history

(July 1, 1918, ch. 113, § 1, 40 Stat. 678.)

§35. Private use of electricity from lighting and power plant

16 U.S.C. § 35

Private parties or companies doing business in the Yellowstone National Park under authority from the Government may be permitted, in the discretion of the Secretary of the Army, 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 10 per centum additional, under such regulations as may be prescribed by the Secretary of the Army.
Notes, amendments, and revision history

(Mar. 3, 1903, ch. 1007, § 1, 32 Stat. 1130; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

§36. Disposition of surplus elk, buffalo, bear, beaver, and predatory animals

16 U.S.C. § 36

The Secretary of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals inhabiting Yellowstone National Park to Federal, State, county, and municipal authorities for preserves, zoos, zoological gardens, and parks. He may sell or otherwise dispose of the surplus 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.
Notes, amendments, and revision history

(Jan. 24, 1923, ch. 42, 42 Stat. 1214.)