16 U.S.C. § 47 — Additional lands excluded from Yosemite

Page 51 TITLE 16—CONSERVATION § 47 1 See References in Text note below. townships 3 and 4 south, range 20 east, to the northwest corner of section 3, township 3 south, range 20 east; thence westerly along township line to the southwest corner of section 33, town- ship 2 south, range 20 east; thence northerly along section lines to the northwest corner of section 21, said township; thence westerly along section lines to the southwest corner of section 18, said township; thence southerly along range line to the southeast corner of the northeast quarter of section 24, township 2 south, range 19 east; thence westerly to the southwest corner of the northeast quarter of section 24, said town- ship; thence southerly to the southeast corner of the southwest quarter of section 24, said town- ship; thence westerly along section lines to the southwest corner of section 23, said township; thence northerly along section lines to the northwest corner of the southwest quarter of section 14, said township; thence easterly to the northeast corner of the southeast quarter of sec- tion 14, said township; thence northerly along section line to the northwest corner of section 13, said township; thence easterly along section line to the northeast corner of section 13, said township; thence northerly along range line to the northwest corner of the southwest quarter of section 7, township 2, south, range 20 east; thence easterly to the northeast corner of the southeast quarter of section 7, said township; thence southerly along section line to the north- west corner of section 17, said township; thence easterly along section lines to the northeast corner of section 16, said township; thence northerly along section lines to the northwest corner of section 3, said township; thence west- erly along township line to the southwest corner of section 33, township 1 south, range 20 east; thence northerly along section lines to the northwest corner of section 21, said township; thence westerly along section lines to the south- west corner of section 18, said township; thence northerly along range line to the northwest cor- ner of section 6, said township; thence westerly along Mount Diablo base line to the southwest corner of section 34, township 1 north, range 19 east; thence northerly along section lines through the middle of townships 1 and 2 north, range 19 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 in a northeasterly direction to the summit of the Sierra Nevada Mountains; thence southeasterly along the summit of the Sierra Nevada Moun- tains to the divide between the Merced and San Joaquin Rivers; thence southwesterly along said divide to the point of intersection with the south boundary of township 4 south, range 23 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. The lands above described are reserved and withdrawn from settlement, oc- cupancy, or sale under the laws of the United States, and set apart as reserved forest lands, subject to all the provisions of sections 55, 61, 471c and 471d of this title. The Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra National Forest accorded under the Act approved Feb- ruary fifteenth, nineteen hundred and one,1 re- lating to rights of way over certain parks, res- ervations, and other lands, and other acts con- cerning rights of way over public lands; and the moneys received from the privileges accorded on the lands herein segregated and included in the Sierra National Forest shall be paid into the Treasury of the United States as provided by law. The forest lands herein set aside and re- served shall be known as the ‘‘Yosemite Na- tional Park.’’ (Feb. 7, 1905, ch. 547, § 1, 33 Stat. 702; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) Editorial Notes REFERENCES IN TEXT The Act approved February fifteenth, nineteen hun- dred 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 section 100902(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. CODIFICATION ‘‘Sierra National Forest’’ substituted in text for ‘‘Si- erra Forest Reserve’’ on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest re- serves shall hereafter be known as national forests. Statutory Notes and Related Subsidiaries ADDITIONS TO YOSEMITE NATIONAL PARK The following provisions authorized the addition of lands to Yosemite National Park: Pub. L. 98–425, title I, § 105(a)(2), (d), Sept. 28, 1984, 98 Stat. 1626. § 47. Additional lands excluded from Yosemite National Park and added to Sierra National Forest That portion of the Yosemite National Park lying between the boundary line described in section 46 of this title and the line next herein described is excluded from said park and the said portion so described added to and made a part of the Sierra National Forest, to wit: Be- ginning at the point on the line between sec- tions 35 and 36, township 4 south, range 21 east, where same intersects the middle of the channel of the South Fork of the Merced River; thence north on section line to the southwest corner of section 25; thence west on section lines to the southwest corner of section 28; thence north on section line to the northwest corner of section 28; thence west on section line to the quarter- section corner between sections 20 and 29; thence north through the middle of section 20 to the center thereof; thence east through the middle of section 20 to the quarter-section corner be- tween sections 20 and 21; thence north on section line to the quarter-section corner between sec- tions 16 and 17; thence west through middle of section 17 to the center thereof; thence north Page 52 TITLE 16—CONSERVATION § 47–1 1 See References in Text note below. through the middle of sections 17, 8, and 5 to the quarter-section corner of north boundary of sec- tion 5 on township boundary, all in township 4 south, range 21 east; thence north through the middle of section 32, township 3 south, range 21 east, to the center thereof; thence west through the middle of section 32, said township, and sec- tion 36, township 3 south, range 20 east, to the quarter-section corner between sections 35 and 36; thence north on section line to the quarter- section corner between sections 25 and 26; thence east through the middle of section 25 to the cen- ter thereof; thence north through the middle of sections 25 and 24 to the center of section 24; thence west through the middle of sections 24, 23, and 22 to the quarter-section corner between sections 21 and 22, township 3 south, range 20 east, on the present western boundary of the Yo- semite National Park. The above-indicated por- tion of land so made a part of the Sierra Na- tional Forest shall be subject to all of the Acts of Congress with relation thereto. The Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra Na- tional Forest accorded under the Act approved February fifteenth, nineteen hundred and one,1 relating to rights of way over certain parks, res- ervations, and other lands, and other sections concerning rights of way over public lands. In the grant of any right-of-way for railway pur- poses across the lands placed under this measure within the Sierra National Forest it shall be stipulated that no logs or timber shall be hauled over the same without the consent of the Sec- retary of the Interior and under regulations to be promulgated by him. (June 11, 1906, No. 27, § 1, 34 Stat. 831; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.) Editorial Notes REFERENCES IN TEXT The Act approved February fifteenth, nineteen hun- dred 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 section 100902(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. CODIFICATION Section is derived from the second paragraph of sec- tion 1 of the Resolution of June 11, 1906. The second paragraph, aforesaid, originally began with the fol- lowing words omitted here ‘‘The south and west bound- ary lines of the Yosemite National Park are hereby changed as follows:’’ The first portion of this section before the colon was derived from a later portion of the original section reading as follows: ‘‘And all that por- tion of the Yosemite National Park lying between the boundary line last above mentioned and the present boundary line of said national park is excluded from said park; and the said lands so excluded, and all there- of, are added to and made a part of the Sierra Forest Reserve, and shall hereafter form a part of said Sierra Forest Reserve, and shall be subject to all of the Acts of Congress with relation thereto:’’ The words of the first sentence of this section ‘‘described in section 46 of this title’’ replace the words ‘‘present boundary line’’ hereinbefore quoted. For the first paragraph of the Resolution of June 11, 1906, see section 48 of this title. ‘‘Sierra National Forest’’ substituted in text for ‘‘Si- erra Forest Reserve’’ on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest re- serves shall hereafter be known as national forests. § 47–1. Administrative site for Yosemite National Park (a) Establishment of site To enable the Secretary of the Interior to pre- serve the extraordinary natural qualities of Yo- semite National Park, notwithstanding its in- creasing use by the public, the Secretary is hereby authorized to provide in the manner hereinafter set forth an administrative site in the El Portal area adjacent to Yosemite Na- tional Park, in order that utilities, facilities, and services required in the operation and ad- ministration of Yosemite National Park may be located on such site outside the park. (b) Acquisition of land For said site the Secretary of the Interior is authorized to acquire by purchase or donation, or with donated funds, approximately twelve hundred acres, as shown on map numbered NP–YOS–7011, of non-Federal land, interests in land, and appurtenances thereto, and, to avoid severing parcels in private ownership which ex- tend beyond the area so depicted, the Secretary of the Interior may acquire in their entirety such parcels of land or interests therein. (c) Transfers of jurisdiction The Secretaries of Agriculture and Interior are authorized to arrange and effect mutually satisfactory transfers of jurisdiction over land administered by each in the El Portal area. Land so transferred to the Secretary of the Inte- rior shall thereupon be excluded from the na- tional forest or forests involved and thereafter be administered by the Secretary of the Interior pursuant to this section as a part of said admin- istrative site. Land transferred to the Secretary of Agriculture pursuant to this section shall thereupon become national forest land subject to all laws, rules, and regulations applicable to land acquired pursuant to the Week’s law. (d) Pre-existing claim, location, or entry Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. (e) Status of acquired land Until further action by the Congress, the lands acquired by or transferred to the Secretary of the Interior hereunder shall not become a part of Yosemite National Park, nor be subject to the laws and regulations governing said park, but the Secretary of the Interior shall have super- vision, management, and control of the area and shall make and publish such rules and regula- tions as he may deem necessary and proper for its use and management: Provided, That he may grant nonexclusive privileges, leases, and per- mits for the use of land in the area and enter into contracts relating to the same, subject to