16 U.S.C. § 40 — Additions to park; entry under other acts

Page 43 TITLE 16—CONSERVATION § 40 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 buf- falo shall be deposited in the Treasury of the United States as miscellaneous receipts. (Jan. 24, 1923, ch. 42, 42 Stat. 1214.) § 36a. Disposition of surplus elk The Secretary of the Interior is authorized in his discretion, and under regulations to be pre- scribed by him, to sell or otherwise dispose of the surplus elk from the Yellowstone National Park herd, and all moneys received from the sale of any such surplus elk shall be deposited in the Treasury of the United States as miscella- neous receipts. (Mar. 4, 1929, ch. 707, 45 Stat. 1644.) § 37. Provision of feed and range facilities for game animals As a means of providing within township 8 south, ranges 7 and 8 east, and township 9 south, ranges 7, 8, and 9 east, Montana principal merid- ian, the winter range and winter feed facilities indispensable for the adequate and proper pro- tection, preservation, and propagation of the elk, antelope, and other game animals of the Yellowstone National Park and adjacent lands, the Secretary of the Interior, in his discretion, and subject to the limitation hereinafter pre- scribed may, and is, authorized to perform the following acts: (a) Accept and deposit in a special fund in the Treasury, and expend for the acquisition of lands as herein authorized, private funds do- nated for such purpose. (b) Acquire by purchase, or by acceptance of donations or bequests, such lands in private or State ownership within the townships above de- scribed as he may deem necessary to carry out the purpose of sections 37 to 40 of this title. (May 26, 1926, ch. 399, § 1, 44 Stat. 655.) § 38. Exchange for State or private lands author- ized The Secretary of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or State ownership within the townships described in section 37 of this title, and in exchange there- for may patent not to exceed an equal value of national forest land in the State of Montana, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove not to exceed an equal value of timber within the national forests of said State, the values in each case to be de- termined by the Secretary of Agriculture: Pro- vided, That before any such exchange is effected, notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some news- paper of general circulation in the county or counties in which may be situated the lands to be accepted and in some like newspaper pub- lished in any county in which may be situated any lands or timber to be given in such ex- change. Timber given in exchange shall be cut and removed from national forests under the laws and regulations relating to the national forests and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. (May 26, 1926, ch. 399, § 2, 44 Stat. 655; Pub. L. 86–509, § 1(f), June 11, 1960, 74 Stat. 205.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior under this sec- tion, with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. § 39. Reservation of timber, minerals, or ease- ments by owners on exchange Reservations of timber, minerals, or ease- ments, the values of which shall be duly consid- ered in determining the values of the lands con- veyed, may be made by the owner or owners thereof in lands conveyed to the United States under the provisions of sections 37 to 40 of this title. Where such reservations are made, the right to enjoy them shall be subject to such rea- sonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary of the Inte- rior or the Secretary of Agriculture, whichever may be responsible for the handling and use of the land as provided in said sections: Provided, That all property, rights, easements, and bene- fits authorized by this section to be retained by or reserved to owners of land conveyed to the United States shall be subject to the tax laws of the States where such lands are located. (May 26, 1926, ch. 399, § 3, 44 Stat. 656.) § 40. Additions to park; entry under other acts The President of the United States is author- ized, in his discretion, to add by Executive proc- lamation to Yellowstone National Park any or all of the lands within a certain territory or tract in township 9 south, ranges 7 and 8 east, Montana principal meridian, to wit: Beginning at a point on the north line of said Yellowstone National Park where said line crosses the divide between Reese Creek and Mol Heron Creek, thence northeasterly along said divide to the junction of said divide with the branch divide north and west of Reese Creek; thence along said branch divide in a northeasterly and eas- terly direction around the drainage of Reese Creek, to the Yellowstone River; thence south- erly and southeasterly along the west bank of the Yellowstone River to the line marking the western limits of the town of Gardiner, Mon- tana; thence south on said town limits line to the northern boundary of Yellowstone National Park; thence west along the north boundary of Yellowstone National Park to the point of be- ginning, which are unappropriated lands of the United States or which may be acquired by the United States under the provisions of sections 37 to 40 of this title, within the territory described in this section, subject, however, to all valid ex- isting claims and to reservations such as are au- Page 44 TITLE 16—CONSERVATION § 40a thorized by section 39 of this title; but, with the exception of valid existing claims, no land so added to Yellowstone National Park shall be subject to entry under the mining laws of the United States: Provided, That the Secretary of the Interior for such lands as are added to Yel- lowstone National Park may provide by rules and regulations for the management and use of the added lands as may in his discretion be nec- essary to accomplish the purposes of sections 37 to 40 of this title: And provided further, That the lands of the United States acquired by donation or purchase within the area described in section 37 of this title shall not be subject to location and entry under the mining laws of the United States nor the Act of June 11, 1906, authorizing homestead entries in national forests. (May 26, 1926, ch. 399, § 6, 44 Stat. 656.) Editorial Notes REFERENCES IN TEXT Act of June 11, 1906, referred to in text, means act June 11, 1906, ch. 3074, 34 Stat. 233, which was classified to sections 506 to 508 and 509 of this title, and was re- pealed by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157. § 40a. Educational facilities for dependents of employees; payments to school districts; limi- tation on amount Under such regulations as may be prescribed by the Secretary of the Interior, payments may be made, as provided in sections 40a to 40c of this title, in advance or otherwise, from any rev- enues received by the United States from visi- tors to Yellowstone National Park, to the appro- priate school district or districts serving that park, as reimbursement for educational facili- ties (including, where appropriate, transpor- tation to and from school) furnished by the said district or districts to pupils who are dependents of persons engaged in the administration, oper- ation, and maintenance of the park, and living at or near the park upon real property of the United States not subject to taxation by the State or local agencies and upon which pay- ments in lieu of taxes are not made by the United States: Provided, That the payments for any school year for the aforesaid purpose shall not exceed that part of the cost of operating and maintaining such facilities which the number of pupils, in average daily attendance during that year, bears to the whole number of pupils in av- erage daily attendance at those schools for that year. (June 4, 1948, ch. 417, § 1, 62 Stat. 338.) § 40b. Cooperative agreements with States or local agencies; expansion; Federal contribu- tions If in the opinion of the Secretary of the Inte- rior, the aforesaid educational facilities cannot be provided adequately and payment made therefor on a pro rata basis, as prescribed in sec- tion 40a of this title, the Secretary of the Inte- rior, in his discretion, may enter into coopera- tive agreements with States or local agencies for (a) the operation of school facilities, (b) for the construction and expansion of local facili- ties at Federal expense, and (c) for contribution by the Federal Government, on an equitable basis satisfactory to the Secretary, to cover the increased cost to local agencies for providing the educational services required for the pur- poses of sections 40a to 40c of this title. (June 4, 1948, ch. 417, § 2, 62 Stat. 339.) § 40c. Creation of special fund; expenditure For the purposes of sections 40a and 40b of this title, the Secretary of the Treasury is author- ized to maintain hereafter in a special fund a sufficient portion of the park revenues, based upon estimates to be submitted by the Sec- retary of the Interior, and to expend the same upon certification by the Secretary of the Inte- rior. (June 4, 1948, ch. 417, § 3, 62 Stat. 339.) SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS Statutory Notes and Related Subsidiaries GENERAL GRANT NATIONAL PARK ABOLISHED General Grant National Park was abolished and lands transferred to Kings Canyon National Park, see section 80a of this title. § 41. Sequoia National Park; establishment; boundaries; trespassers The tract of land in the State of California known and described as township numbered 18 south, of range numbered 30 east, also township 18 south, range 31 east; and sections 31, 32, 33, and 34, township 17 south, range 30 east, all east of Mount Diablo meridian, is reserved and with- drawn from settlement, occupancy, or sale under the laws of the United States, and dedi- cated 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 upon, or occupy the same or any part thereof ex- cept as provided in section 43 of this title, shall be considered trespassers and removed there- from. (Sept. 25, 1890, ch. 926, § 1, 26 Stat. 478.) § 42. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028 Section, act July 1, 1916, ch. 209, § 1, 39 Stat. 308, re- lated to donations of lands or rights-of-way. § 43. Sequoia National Park; rules and regula- tions; leases; fish and game; trespassers Sequoia National Park shall be under the ex- clusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, 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 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 pur- poses 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