16 U.S.C. § 349 — Rights-of-way

Page 191 TITLE 16—CONSERVATION § 351 1 See References in Text note below. FEASIBILITY STUDY FOR NORTHERN ACCESS ROUTE INTO DENALI NATIONAL PARK AND PRESERVE Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–164; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part that: ‘‘The National Park Service shall, within existing funds, conduct a Feasibility Study for a northern ac- cess route into Denali National Park and Preserve in Alaska, to be completed within one year of the enact- ment of this Act [Apr. 26, 1996] and submitted to the House and Senate Committees on Appropriations and to the Senate Committee on Energy and Natural Re- sources and the House Committee on Resources [now Committee on Natural Resources]. The Feasibility Study shall ensure that resource impacts from any plan to create such access route are evaluated with accurate information and according to a process that takes into consideration park values, visitor needs, a full range of alternatives, the viewpoints of all interested parties, including the tourism industry and the State of Alas- ka, and potential needs for compliance with the Na- tional Environmental Policy Act [of 1969] [42 U.S.C. 4321 et seq.]. The Study shall also address the time re- quired for development of alternatives and identify all associated costs. ‘‘This Feasibility Study shall be conducted solely by the National Park Service planning personnel perma- nently assigned to National Park Service offices lo- cated in the State of Alaska in consultation with the State of Alaska Department of Transportation.’’ Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 348. Entries under land laws not affected 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 purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. (Feb. 26, 1917, ch. 121, § 2, 39 Stat. 938.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, is act Feb. 26, 1917, which is classified to sections 347 to 350, 351 to 353, and 354 of this title. For complete classification of this Act to the Code, see Tables. § 349. Rights-of-way Whenever consistent with the primary pur- poses of Denali National Park, the Act of Feb- ruary fifteenth, nineteen hundred and one,1 ap- plicable to the location of rights of way in cer- tain national parks and national forests for irri- gation and other purposes, shall be and remain applicable to the lands included within the park. (Feb. 26, 1917, ch. 121, § 3, 39 Stat. 938; Pub. L. 96–487, title II, § 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.) Editorial Notes REFERENCES IN TEXT The Act of February fifteenth, nineteen hundred and one, referred to in text, is act Feb. 15, 1901, ch. 372, 31 Stat. 790, which is classified to section 959 of Title 43, Public Lands. The Act, insofar as it related to National Park System units, was repealed and restated as sec- tion 100902(a) of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Denali National Park’’ substituted in text for ‘‘Mount McKinley National Park’’ pursuant to Pub. L. 96–487, § 202(3)(a), which is classified to section 410hh–1(3)(a) of this title and which added lands to the park, established additional land as the Denali Na- tional Preserve, and redesignated the whole as the Denali National Park and Preserve. § 350. Repealed. Pub. L. 94–429, § 3(b), Sept. 28, 1976, 90 Stat. 1342 Section, act Feb. 26, 1917, ch. 121, § 4, 39 Stat. 938, pro- vided that nothing in sections 347 to 349, 351 to 353, and 354 of this title was to affect the mineral land laws ap- plicable to lands in the park prior to Feb. 26, 1917. Statutory Notes and Related Subsidiaries MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976 Section 3 of Pub. L. 94–429 provided in part that this section was repealed in order to close area to entry and location under the Mining Law of 1872, subject to valid existing rights. § 350a. Repealed. Pub. L. 94–429, § 3(c), Sept. 28, 1976, 90 Stat. 1342 Section, act Jan. 26, 1931, ch. 47, § 2, 46 Stat. 1043, pro- vided that the Secretary of the Interior had the author- ity to prescribe regulations for the surface use of any mineral land locations within the boundaries of the park. Statutory Notes and Related Subsidiaries MINING RIGHTS EXISTING PRIOR TO SEPTEMBER 28, 1976 Section 3 of Pub. L. 94–429 provided in part that this section was repealed in order to close area to entry and location under the Mining Law of 1872, subject to valid existing rights. § 351. Control; rules and regulations Denali National Park shall be under the exec- utive control of the Secretary of the Interior, and it shall be the duty of the said executive au- thority, as soon as practicable, to make and publish such rules and regulations not incon- sistent with the laws of the United States as the said authority may deem necessary or proper for the care, protection, management, and improve- ment of the same, the said regulations being pri- marily aimed at the freest use of the said park for recreation purposes by the public and for the preservation of animals, birds, and fish and for the preservation of the natural curiosities and scenic beauties thereof. (Feb. 26, 1917, ch. 121, § 5, 39 Stat. 938; Pub. L. 96–487, title II, § 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)