United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 133 of 150)
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for a period not exceeding twenty years, by Act March 2, 1907, c. 2518, post, S
5205.

§ 5205. (Act March 2, 1907, c. 2518.) Amendment of Act June 4,
1906, c. 2570; leases of lands in Yellowstone National Park;
period.

The Act entitled "An Act to amend an Act approved August
third, eighteen hundred and ninety-four, entitled 'An Act concern-
ing leases in the Yellowstone National Park,' " approved June
fourth, nineteen hundred and six, be, and the same is hereby, so
amended that the Secretary of the Interior shall be authorized and
empowered to lease, according to the other terms of said amended
Act, for a period not exceeding twenty years. (34 Stat. 1219.)

Act June 4, 1906, c 2670, • mentioned in and amended by this act, is set
forth ante, § 5204.

§ 5206. (Act March 3, 1903, c. 1007, § 1.) Use of electricity from
lighting and power plant in Yellowstone Park by private par-
ties.

Private parties or companies doing business in the Yellowstone Na-
tional Park under authority from the Government may be permitted,
in the discretion of the Secretary of War, to use electricity furnished
by the electric lighting and power plant of Fort Yellowstone and
Mammoth Hot Springs at actual cost to the Government for opera-
tion, maintenance, and depreciation of the plant and ten per centum
additional, under such regulations as may be prescribed by the Secre-
tary of War. (32 Stat. 1130.)

This was a provision of the sundry civU appropriation act for the fiscal
year 1904, cited above.

Leases of lands in the park to private parties were authorized by Act Aug.
3, 1894, c. 198, and subsequent acts amendatory thereof, ante, §f 5203-5205.

§ 5207. (Act Sept. 25, 1890, c. 926, § 1.) Public park in California;
Sequoia National Park.
The tract of land in the State of California known and .described
as township numbered eighteen south, of range numbered thirty
east, also township eighteen south range thirty-one east; and
sections thirty-one, thirty-two, thirty-three, and thirty-four, town-
ship seventeen, south range thirty east, all east of Mount Diablo
meridian, is hereby reserved and withdrawn from settlement, occu-
pancy, or sale under the laws of the United States, and dedicated and
set apart as a public park, or pleasure ground, for the benefit and
enjoyment of the people; and all persons who shall locate or settle

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§ 5207 NATIONAL PARKS, RESERVATIONS, AND MONUMENTS (Tit. 32b

Upon, or occupy the same or any part thereof, except as hereinafter
provided, shall be considered trespassers and removed therefrom.
(26 Stat. 478.)

This section and the section next following were an act entitled "An act
to set apart a certain tract of land in the State of Oalifomla aa a public
park."

It was preceded by a preamble which read as follows:

"Whereas, the rapid destruction of timber and ornamental trees in varioua
parts of the United States, some of which trees are the wonders of the world
on account of their size and the limited number growing, makes it a matter
of importance that at least some of said forests should be preserved: There-
fore"

Other lands in California were set apart as forest reserves, and provisions
similar to those of this act in regard to rules and regulations, leases of ground,
preservation of fish and game, trespassers, etc., were made by Act Oct. 1, 1890,
0. 1263, and Act Feb. 7, 1905, c. 547, post, §{ 5209-5213.

The lands reserved by section 8 of said Act Oct 1, 1890, c 1263, post, i
5211, adjoin the lands reserved by this section.

The forest lands set aside and reserved in said Act Feb. 7, 1905, c 547, f
1, were to be known as the **Yosemite National Park," by a provision of said
section, post, f 5212.

On the acceptance of the recession by the State of California of the Yosemite
Valley and the Mariposa Big Tree Grove, said tracts, with other lands, were
set apart as reserved forest lands and made part of the Yosemite National
Park, and the south and west boundary lines of the park were changed, and
lands thereby excluded from the park were added to the Sierra Forest Re-
serve, by Res. June 11, 1906, No. 27, { 1, post, i 5214.

The detail of troops for the protection of Uie lands set apart by this act,
included in the Sequoia National Park, and of the Yosemite National Park
and the General Grant National Park, was authorized by a provision of Act
June 6, 1900, c 791, f 1, post, 8 5217.

§ 5208. (Act Sept 25, 1890, c. 926, § 2.) Rules and regulations
for park; leases of ground; preservation of fish and game;
removal of trespassers.
Said public park shall be under the exclusive control of the
Secretary of the Interior, whose duty it shall be, as soon as prac-
ticable, to make and publish such rules and regulations as he may deem
necessary or proper for the care and management of the same. Sucli
regulations shall provide for the preservation from injury of all timber,
mineral deposits, natural curiosities or wonders within said 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 not exceeding five acres, at such
places in said park as shall require the erection of buildings for the
accommodation of visitors ; all of the proceeds of said leases and other
revenues that may be derived from any source connected with said
park to be expended under his direction in the management of the
same and the construction of roads and paths therein. He shall pro-
vide against the wanton destruction of the fish and game found within
said park, and against their capture or destruction, for the purposes of
merchandise or profit. He shall also cause all persons trespassing upon
the same after the passage of this act to be removed therefrom, and,
generally, shall be authorized to take all such measures as shall be

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Tit 32b) national parks, reservations, and monuments § 5209

necessary or proper to fully carry out the objects and purposes of this

act. (26 Stat. 478.)

No expenditure for construction of any building exceeding $1,000 in any na-
tional park was to be made, except under express authority of Congress, by
Act Aug. 24, 1912, c. 855, post, § 5250.

§ ,5209. (Act Oct. 1, 1890, c. 1263, § 1.) Forest reserve in Califor-
nia; Yosemite National Park; previous grants to State and
bona fide entries not a£Fected.

The tracts of land in the State of California known as described
as follows : Commencing at the northwest corner of township two
north, range nineteen east Mount Diablo meridian, thence east-
wardly on the line between townships two and three north, ranges
twenty-four and twenty-five east ; thence southwardly on the line
between ranges twenty-four and twenty-five east to the Mount
Diablo base line; thence eastwardly on said base line to the comer
to township one south, ranges twenty-five and twenty-six east ; thence
southwardly on the line between ranges twenty-five and twenty-six
east to the south-east corner of township two south, range twenty-five
east; thence eastwardly on the line between townships two and three
south, range twenty-six east to the comer to townships two and three
south, ranges twenty-six and twenty-seven east; thence southwardly
on the line between ranges twenty-six and twenty-seven east to the
first standard parallel south ; thence westwardly on the first standard
parallel south to the southwest corner of township four south, range
nineteen east ; thence northwardly on the line between ranges eighteen
and nineteen east to the northwest corner of township two south, range
nineteen east; thence westwardly on the line between townships one
and two south to the southwest corner of township one south, range
nineteen east ; thence northwardly on the line between ranges eighteen
and nineteen east to the northwest corner of township two north, range
nineteen east, the place of beginning, are hereby reserved and wifi-
drawn from settlement, occupancy, or sale under the laws of the United
States, and set apart as reserved forest lands ; and all persons who shall
locate or settle upon, or occupy the same or any part thereof, except
as hereinafter provided, shall be considered trespassers and removed
therefrom : Provided, however. That nothing in this act shall be con-
stmed as in anywise affecting the grant of lands made to the State of
California by virtue of the act entitled "An act authorizing a grant to
the State of California of the Yosemite Valley, and of the land embra-
cing the Mariposa Big-Tree Grove, approved June thirtieth, eighteen
hundred and sixty- four; or as affecting any bona-fide entry of land
made within the limits above described under any law of the United
States prior to the approval of this act. (26 Stat. 650.)

This section and the two sections next following were an act entitled "An
act to set apart certain tracts of land in the State of California as forest res-
ervations."

Other lands in California were set apart as a public park, and provisions
similar to those of this act in regard to rules and regulations, leases of ground,
preservation of fish and game, trespassers, etc., were made, by Act Sept. 25,
1890, c. 926, ante, §§ 5207, 5208.

All the lands described in this section, not included within the metes and

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§ 6209 NATIONAL PABK8, BBSERVATIONS, AND M0NUMBNT8 (Tit 32b

bonndi of the Und described in Act Feb. 7, 1905, c 647, i 1, post, i 6212*
were included in and made iMurt of the Sierra Forest ReMrre, by a proviao an-
nexed to taid section.

The recession by the State of Oalifomia of the Yosemite Valley and th#
Mariposa Big Tree Grove was accepted, and said tracts with other lands wer»
set apart as reserved forest lands, subject to the provisions of this act« and
were to form a part of the Yosemite National Park, and certain lands werr
excluded from said park by a change of the south and west boundaries th**n-
of, and were made a part of the Sierra Forest Reserve, by Rea. June 11, 194 m;.
No. 27, poet, n 5214-5216.

§ 5210. (Act Oct 1, 1890, c. 1263, § 2.) Rules and regulatioiis for
reserve; leases of ground; preservation of fish and game;
removal of trespassers.
Said reservation shall be under the exclusive control of the
Secretary of the Interior, whose duty it shall be, as soon as prac-
ticable, to make and publish such rules and regulations as he may deem
necessary or proper for the care and management of the same. Such
regulations shall provide for the preservation from injury of all tim-
ber, mineral deposits, natural curiosities, or wonders within said reser-
vation, 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 not exceeding five
acres ; at sudi places in said reservation as shall require the erection
of buildings for the accommodation of visitors ; all of the proceeds of
said leases and other revenues that may be derived from any source
connected with said reservation to be expended under his direction in
the management of the same and the constntction of roads and paths
therein. He shall provide against the wanton destruction of the fish,
and game found within said reser^'ation, and against their capture or
destruction, for the purposes of merchandise or profit. He shall also
cause all persons trespassing upon the same after the passage of this
act to be removed therefrom, and, generally, shall be authorized to take
all such measures as shall be necessary or proper to fully carry out the
objects and purposes of this act. (26 Stat. 651.)
See notes to section 1 of tbis act, ante, § 5209.

The lands set apart as reserved forest lands by Act Feb. 7, 1906, c 547. 8

1, and by Res. June 11, 1906, No. 27, I 1, were made subject to all the pn>-

▼isions of this act, by provisions of each of said sections, post, H 5212, 5214.

Provisions similar to those of this section, applicable to forest reservations

in Kenenl were made by Act June 4, 1897, c. 2, f 1, ante, {f 5123-^134.

The disposition of revenues derived from privileges in Yosemite National
Park under this act and other acts, or from privileges on lands segregated
from the park and included within the Sierra Forest Reserre, waa provided for
by Res. June 11, 1906, No. 27, { 3, post, { 5216.

Details of troops for the protection of the lands aet apart by this act, in-
cluded in the Yosemite National Park, and of the Sequoia National Park and
the General Grant National Park were authorized by a provision of Act June
6, 1900, c 791, S 1, post. 8 5217.

The granting of a lease for the construction of a hotel and other buildin::^
in connection therewith, under the provisions of Act June 4, 1906, c 2r>70,
ante, { 5204, relating to concessions in Yellowstone National Park, and Act
March 2, 1907, c. 2518, ante, S 5205, amendatory thereof, was authorised by
Act Jnne 23, 1918, c. 3, i 1, post, f 5222, which repealed ao much of this sec-
tion MM conflicted therewith.
The exchange of timber within Yosemite National Park for the title to pat-

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Tit. 32b) national parks, bbsbbvations, and monumbnts § 5212

ented lands within its boundaries was authorized by Act April 9, 1912, c 74,
post, S§ 5218-^221.

A right of way through the Yosemite National Park for aqueducts, canals,
pipe lines, etc., for conveying water for domestic and municipal purposes, and
for power and electric plants, etc, and roads, railroads, and other means of
transportation, and also reservoir and dam sites in the Hetch Hetchy Valley
and Lake Eleanor Basin, in said park, were granted to the City and County
of San Francisco, under certain conditions and restrictions, by Act Dec. 19,
1913, c. 8, 88 Stat. — .

No expenditure for the construction of any building exceeding $1,000 can
be made in any national park, except under express authority of Congress, by
Act Aug. 24, 1912, c 855, post, § 5250.

§ 5211, (Act Oct 1, 1890, c, 1263, § 3.) Additional forest reserves
in California.

There shall also be and is hereby reserved and withdrawn from
settlement, occupancy or sale under the laws of the United States,
and shall be set apart as reserved forest lands, as hereinbefore provid-
ed, and subject to all the limitations and provisions herein contained,
the following additional lands, to wit: Township seventeen, south,
range thirty east of the Mount Diablo meridian, excepting sections
thirty-One, thirty-two, thirty-three, and thirty-four of said township,
included in a previous bill. And there is also reserved and withdrawn
from settlement, occupancy or sale under the laws of the United States,
and set apart as forest lands, subject to like limitations, conditions and
provisions, all of townships fifteen and sixteen, south, of ranges twenty-
nine and thirty east of the Mount Diablo meridian. And there is also
hereby reserved and withdrawn from settlement, occupancy or sale
under the laws of the United States, and set apart as reserved forest
lands under like limitations, restrictions and provisions. Sections five
and six in township fourteen, south, range twenty-eight, east of Mount
Diablo meridian, and also Sections thirty-one and t&rty-two of town-
ship thirteen, south, range twenty-eight east of the same meridian.
Nothing in this act shall authorize rules or contracts touching the pro-
tection and improvement of said reservations, beyond the sums that
may be received by the Secretary of the Interior under the foregoing
provisions, or authorize any charge against the Treasury of the United
States. (26 Stat. 651.)

See notes to section 1 of this act, ante, f 5209.

The lands reserved hy this section adjoin those reserved by Act Sept. 25.
1890, c. 926, i 1, ante, S 5207.

§ 5212. (Act Feb. 7, 1905, c. 547, § 1.) Forest reserves in Cali-
fornia; lands segregated from Yosemite National Park and
included in Sierra Forest Reserve ; rights of way over lands ;
disposition of money received for privileges.
The tracts of land in the State of California known and de-
scribed as follows: Beginning at the point where the middle of
the channel of the South Fork of the Merced River intersects the
line between sections three and four, township four south, range
twenty east, Mount Diablo base and meridian; thence northerly
along section lines through the middle of townships three and four
south, range twenty east, to the northwest corner of section three, town-
ship three south, range twenty east; thence westerly along township

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§ 5212 NATIONAL PARKS, RB8BByATI0N8, AND HONUMBNTS (Tit S2b

line to the southwest corner of section thirty-three, township two south,
range twenty east; thence northerly along section lines to the north-
west comer of section twenty-one, said township ; thence westerly alo>ng
section lines to the southwest comer of section eighteen, said township ;
thence southerly akmg range line to the southeast comer of the north-
east quarter of section twenty- four, township two south, range nineteen
east ; thence westerly to the southwest corner of the northeast quarter
of section twenty- four, said township; thence southerly to the south-
east comer of the southwest quarter ot section twenty-four, said town-
ship; thence westerly along section lines to the southwest comer of
section twenty-three, said township; thence northerly along section
lines to the northwest comer of the southwest quarter of section four-
teen, said township; thence easterly to the northeast comer of the
southeast quarter of section fourteen, said township ; thence northerly
along section line to the northwest comer of section thirteen, said
township ; thence easterly along section line to the northeast corner of
section thirteen, said township; thence northerly along range line to
the northwest comer of the southwest quarter of section seven, to^^Ti-
ship two south, range twenty east; thence easterly to the northeast
tomer of the southeast quarter of section seven, said township ; thence
southerly along section line to the northwest comer of section seven-
teen, said township; thence easterly along section lines to the north-
east comer of section sixteen, said township; thence northerly along
section lines to the northwest comer of section three, said township;
thence westerly along township line to the southwest comer of section
thirty-three, township one south, range twenty east; thence northerly
along section lines to the northwest comer of section twenty-one, said
township; thence westerly along section lines to the southwest comer
of section eighteen, said township ; thence northerly along range line
to the northwest comer of section six, said township ; thence westerly
along Mount Diablo base line to tlie southwest comer of section thirty-
four, township one north, range nineteen east ; thence northerly along
section lines through the middle of townships one and two north, range
nineteen east, to the point of intersection with the summit of the divide
between Cherry Creek on the west and Eleanor and Fall creeks on the
east ; thence along the summit of said divide m a northeasterly direc-
tion to the summit of the Sierra Nevada Mountains; thence south-
easterly along the summit of the Sierra Nevada Mountains to the
divide between the Merced and San Joaquin rivers ; thence southwest-
erly along said divide to the point of intersection with the south boimd-
ary of township four south, range twenty-three east, Mount Diablo
base and meridian; thence westerly along township line to the point
of intersection with the middle of the channel of the South Fork of the
Merced River ; thence westerly down the middle of said river to the
place of beginning, are hereby reserved and withdrawn from settle-
ment, occupancy, or sale under the laws of the United States, and set
apart as reserved forest lands, subject to all the provisions of the Act
of Congress approved October first, eighteen htmdred and ninety, en-
titled "An Act to set apart certain tracts of land in the State of Cali-
fornia as forest reservations :" Provided, That all those tracts or par-
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Tit 32b) national parks, resbrvations, and monxtmbnts I § 6218

eels of land described in section one of the said Act of October first,
eighteen hundred and ninety, and not included within the metes and
bounds of the land above described, be, and the same are hereby, in-
cluded in and made part of the Sierra Forest Reserve : And provided
further. That the Secretary of the Interior may require the payment
of such price as he tmy deem proper for privileges on the land herein
segregated from the Yosemite National Park and made a part of the
Sierra Forest Reserve accorded under the Act approved February
fifteenth, nineteen hundred and one, relating to rights of way over cer-
tain parks, reservations, and other lands, and other acts concerning
rights of way over public lands; and the moneys received from the
privileges accorded on the lands herein segregated and included in the
Sierra Forest Reserve shall be paid into the Treasury of the United
States, to be expended, imder the direction of the Secretary of the In-
terior, in the management, improvement, and protection of the forest
lands herein set aside and reserved, whidi shall hereafter be known as
the "Yosemite National Park." (33 Stat. 702.)

This section and the section next following were part of an act entitled
"An act to exclude from the Yosemite National Park, California, certain lands
therein described, and to attach and include the said lands in the Sierra For-
est Reserve."

Section 8 of that act provided that it should take effect and be in force from
and after its passage.

The provisions of Act Oct 1, 1890, c. 1263, mentioned in tliis section, set-
ting apart certain lands in California as forest reservations, are set forth
ante, i§ 6209-6212.

Act Feb. 16, 1901, c. 372, also mentioned in this section, relating to rights t)f
way over certain parks, reservations, etc., including Yosemite National Park,
is ante, § 4946.

On the acceptance of ttie recession by the State of California of the Yosemite
Valley and Mariposa Big Tree Grove, which, with other lands, were set apart
as reserved forest lands and form a part of Yosemite National Park, the south
and west boundaries of said park were changed, and the lands thereby ex-
cluded from said park were added to and made a part of the Sierra Forest Re-
serve, with provisions relating thereto similar to those of this a6t, by Res.
June 11, 1906, No. 27, post, §§ 6214-5216.

Provisions similar to those in the last proviso of this section, relating to the
disposition of revenues derived from privileges in Yosemite National Park
under this act and other acts, as well as from privileges on lands segregated
from the park and included within the Sierra Forest Reserve, were contained
in Res. June 11, 1906, No. 27, { 8, post, § 6216.

§ 5213. (Act Feb. 7, 1905, c. 547, § 2.) Rights of claimants and
owners of lands included in reserve; laws, etc., affecting for-
est reservations applicable within territory included.
None of the lands patented and in private ownership in the
area hereby included in the Sierra Forest Reserve shall have the
privileges of the lieu-land scrip provisions of the land laws, but other-
wise to be in all respects under the laws and regulations affecting the
forest reserves, and immediately upon the passage of this Act all laws,
rules, and regulations affecting forest reservations, including the right
to change the boundaries thereof by Executive proclamation, shall
take effect and be in force within the limits of the territory excluded

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§ 6218 NATIONAL PABK8, RB8ERVATION8, AND MONUMENTS (Tit 32b

by this Act from the Yosemite National Park, excq)t as herein other-
wise provided. (33 Stat. 703.)

Preyioas proyisions affecting forest reseires, dow called national forcvts,
mentioned in this section, are set forth in Titie XXXII A, '*The National For-
ests."

The lien-land scrip provisions, mentioned therein, contained in Act June 4,
1897, c. 2, 8 1, Act June 6, 1000, c. 791,. { 1, and Act Biarch 8, 1901, c 831.
§ 1, were repealed by Act March 3, 1905, c 1495, 83 Stat 1264.

Subsequent provisions in the same language as this section, relating to lands
included in the Sierra Forest Reserve, were made by Res. June 11, 1906. No.
27, § 2, poet, i 5217.

§ 5214. (Res. June 11, 1906, No. 27, § 1.) Recession by Califor-



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 133 of 150)