16 U.S.C. § 79a — Establishment; statement of purposes

Page 59 TITLE 16—CONSERVATION § 79a § 65. Seizure and forfeiture of guns, traps, teams, horses, etc. All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said parks, or either of them, when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals, shall be forfeited to the United States and may be seized by the officers in said parks, or either of them, and held pending prosecution of any person or per- sons arrested under the charge of violating the provisions of sections 57, 58, and 60 to 65 of this title, and upon conviction such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed therein. Such for- feited property shall be disposed of and ac- counted for by and under the authority of the Secretary of the Interior. (June 2, 1920, ch. 218, § 6, 41 Stat. 733.) §§ 66 to 77. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section 66, acts June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to ap- pointment and jurisdiction of commissioners. See pro- visions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure. Section 67, act June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733, related to power of commissioners [now magistrate judges] to make arrests. Section 68, act June 2, 1920, ch. 218, §§ 7, 8, 41 Stat. 733, related to appeal from conviction by commissioner [now magistrate judge]. Section 69, act June 2, 1920, ch. 218, § 11, 41 Stat. 734, related to residence of commissioners [now magistrate judges]. Section 70, act June 2, 1920, ch. 218, § 9, 41 Stat. 734, re- lated to arrests for certain offenses. See sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Pro- cedure, Title 18, Appendix. Section 71, acts June 2, 1920, ch. 218, § 10, 41 Stat. 734; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to service of process. See rule 4 of Federal Rules of Criminal Proce- dure, Title 18, Appendix, and section 3053 of title 18. Section 72, acts June 2, 1920, ch. 218, § 11, 41 Stat. 734; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to commis- sioners’ salaries. See section 634 of Title 28, Judiciary and Judicial Procedure. Section 73, act June 2, 1920, ch. 218, § 11, 41 Stat. 734, related to fees and costs. Section 74, act June 2, 1920, ch. 218, § 13, 41 Stat. 734, related to disposition of fines and costs. Section 75, act June 2, 1920, ch. 218, § 12, 41 Stat. 734, related to payment of fees, costs, and expenses charge- able to the United States. Section 76, act June 2, 1920, ch. 218, § 2, 41 Stat. 731, re- lated to inclusion of Yosemite National Park within ju- dicial district. See section 84 of Title 28, Judiciary and Judicial Procedure. Section 77, acts June 2, 1920, ch. 218, § 3, 41 Stat. 731; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, related to inclusion of Sequoia National Park within a judicial district. See section 84 of Title 28. § 78. Detail of troops to Sequoia, Yosemite, and General Grant Parks The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosem- ite National Park, and the General Grant Na- tional Park, respectively, in California, for the purpose of destroying the game or objects of cu- riosity therein, or for any other purpose prohib- ited by law or regulation for the government of said reservations, and to remove such persons from said parks if found therein. (June 6, 1900, ch. 791, § 1, 31 Stat. 618; 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 Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. GENERAL GRANT NATIONAL PARK ABOLISHED Act Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, set out as sec- tion 80a of this title, abolished the General Grant Na- tional Park and added the lands to the Kings Canyon National Park as the General Grant grove section. § 79. Omitted Editorial Notes CODIFICATION Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; 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 author- ized the Secretary of the Interior to permit the use of rights-of-way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant National Parks, California, for various public utility purposes, was omitted in view of the repeal of its provisions by Pub. L. 94–579 as they relate to public lands and lands in the National Forest System and by Pub. L. 113–287 as they relate to Na- tional Park System units. See section 100902(a) of Title 54, National Park Service and Related Programs. Act Feb. 15, 1901, is also classified to section 959 of Title 43, Public Lands, and was also classified to section 522 of this title prior to its omission from the Code. Section was formerly classified to section 419 of this title. § 79–1. Yosemite National Park; expansion of res- ervoir capacity Notwithstanding any other provision of law, no Federal lands may be used for the expansion of the capacity of any reservoir which is located within the boundaries of Yosemite National Park unless Congress enacts specific statutory authorization after October 31, 1988, for such ex- pansion. (Pub. L. 100–563, § 6, Oct. 31, 1988, 102 Stat. 2830.) SUBCHAPTER VII—REDWOOD NATIONAL PARK § 79a. Establishment; statement of purposes In order to preserve significant examples of the primeval coastal redwood (Sequoia sempervirens) forests and the streams and sea- shores with which they are associated for pur- poses of public inspiration, enjoyment, and sci- Page 60 TITLE 16—CONSERVATION § 79b 1 So in original. The semicolon probably should not appear. 2 So in original. Probably should be ‘‘patrolling’’. entific study, there is hereby established a Red- wood National Park in Del Norte and Humboldt Counties, California. (Pub. L. 90–545, § 1, Oct. 2, 1968, 82 Stat. 931.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–131, title III, § 301, Dec. 20, 2005, 119 Stat. 2569, provided that: ‘‘This title [amending section 79b of this title] may be cited as the ‘Redwood National Park Boundary Adjustment Act of 2005’.’’ THOMAS H. KUCHEL VISITOR CENTER Pub. L. 105–277, div. A, § 101(e) [title I, § 146], Oct. 21, 1998, 112 Stat. 2681–231, 2681–267, provided that: ‘‘The Redwood Information Center located at 119231 Highway 101 in Orick, California is hereby named the ‘Thomas H. Kuchel Visitor Center’ and shall be referred to in any law, document or record of the United States as the ‘Thomas H. Kuchel Visitor Center’.’’ § 79b. Park area (a) Boundaries; maps; maximum acreage (1) The Redwood National Park consists of the land generally depicted on the map entitled ‘‘Redwood National Park, Revised Boundary’’, numbered 167/60502, and dated February, 2003. (2) The map referred to in paragraph (1) shall be— (A) on file and available for public inspec- tion in the appropriate offices of the National Park Service; and (B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California. (3) The Secretary; 1 of the Interior (hereinafter referred to as the ‘‘Secretary’’) may from time to time, with a view to carrying out the purpose of this subchapter and with particular attention to minimizing siltation of the streams, damage to the timber, and assuring the preservation of the scenery within the boundaries of the na- tional park as depicted on said maps, modify said boundaries, giving notice of any changes in- volved therein by publication of a revised draw- ing or boundary description in the Federal Reg- ister and by filing said revision with the officers with whom the original maps were filed, but the acreage within said park shall at no time exceed 133,000 acres, exclusive of submerged lands and publicly owned highways and roads. (b) Highways and roads The Secretary is authorized to acquire all or part of existing publicly owned highways and roads within the boundaries of the park as he may deem necessary for park purposes. Until such highways and roads have been acquired, the Secretary may cooperate with appropriate State and local officials in patroling 2 and maintaining such roads and highways. (c) Park protection zone Within the area outside the boundaries of Red- wood National Park indicated as the ‘‘Park Pro- tection Zone’’ on the map entitled ‘‘Proposed Additions, Redwood National Park, California’’, numbered 167–80005–D and dated March 1978, the Secretary is authorized to acquire lands and in- terests in land: Provided, That lands may be ac- quired from a willing seller or upon a finding by the Secretary that failure to acquire all or a portion of such lands could result in physical damage to park resources and following notice to the Committee on Energy and Natural Re- sources of the United States Senate and the Committee on Natural Resources of the House of Representatives. Any lands so acquired shall be managed in a manner which will maximize the protection of the resources of Redwood National Park, and in accordance with the Act of October 21, 1976 (90 Stat. 2743) [43 U.S.C. 1701 et seq.]. Ac- quisition of a parcel of land under the authority of this subsection shall not as a result of such acquisition diminish the right of owners of adja- cent lands to the peaceful use and enjoyment of their land and shall not confer authority upon the Secretary to acquire additional lands except as provided in this subsection. (Pub. L. 90–545, § 2, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95–250, title I, § 101(a)(1), (2), Mar. 27, 1978, 92 Stat. 163; Pub. L. 103–437, § 6(d)(7), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 109–131, title III, § 302, Dec. 20, 2005, 119 Stat. 2569.) Editorial Notes REFERENCES IN TEXT Act of October 21, 1976 (90 Stat. 2743), referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–131 designated existing provisions of first sentence as par. (1), in par. (1) sub- stituted ‘‘The Redwood National Park consists of the land generally depicted on the map entitled ‘Redwood National Park, Revised Boundary’, numbered 167/60502, and dated February, 2003.’’ for ‘‘The area to be included within the Redwood National Park is that generally de- picted on the maps entitled ‘Redwood National Park,’ numbered NPS–RED–7114–A and NPS–RED–7114–B, and dated September 1968, and the area indicated as ‘Pro- posed Additions’ on the map entitled ‘Additional Lands, Redwood National Park, California,’ numbered 167–80005–D and dated March 1978, copies of which maps shall be kept available for public inspection in the of- fices of the National Park Service, Department of the Interior, and shall be filed with appropriate officers of Del Norte and Humboldt Counties.’’, added par. (2), des- ignated existing provisions of second sentence as par. (3), and in par. (3) substituted ‘‘The Secretary;’’ for ‘‘The Secretary’’ and ‘‘133,000 acres’’ for ‘‘one hundred and six thousand acres’’. 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. 1978—Subsec. (a). Pub. L. 95–250, § 101(a)(1), (2), in- serted ‘‘and the area indicated as ‘Proposed Additions’ on the map entitled ‘Additional Lands, Redwood Na- tional Park, California’, numbered 167–80005–D and dated March 1978,’’ after ‘‘and dated September 1968,’’ and substituted ‘‘one hundred and six thousand acres, exclusive of submerged lands and publicly owned high- ways and roads’’ for ‘‘fifty-eight thousand acres, exclu- sive of submerged lands’’. Subsec. (b). Pub. L. 95–250, § 101(a)(2), struck out ‘‘by donation only’’ after ‘‘The Secretary is authorized to acquire’’.