16 U.S.C. § 45a — Sequoia National Park; revision of bound-

Page 45 TITLE 16—CONSERVATION § 45a 1 So in original. Probably should be ‘‘Fork’’. 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 provide against the wanton de- struction 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 section and sec- tion 41 of this title 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 section and section 41 of this title. (Sept. 25, 1890, ch. 926, § 2, 26 Stat. 478.) §§ 44, 45. Transferred Editorial Notes CODIFICATION Section 44, act Oct. 1, 1890, ch. 1263, § 1, 26 Stat. 650, which related to lands in California set aside as re- served forest lands, was transferred to section 471c of this title. Section 45, act Oct. 1, 1890, ch. 1263, § 3, 26 Stat. 651, which related to additional forest reserves in Cali- fornia, was transferred to section 471d of this title. § 45a. Sequoia National Park; revision of bound- aries The boundaries of the Sequoia National Park, California, are changed as follows: Beginning at the southwest corner of the present boundary of Sequoia National Park, being the southwest corner of township 18 south, range 30 east of the Mount Diablo base and me- ridian, California, thence easterly along the present south boundary of Sequoia National Park to its intersection with the hydrographic divide between the headwaters of South Fort 1 Kaweah River and the headwaters of that branch of Little Kern River known as Pecks Canyon; thence southerly and easterly along the crest of the hydrographic divide between Pecks Canyon and Soda Creek to its intersection with a lateral divide at approximately the east line of section 2, township 19 south, range 31 east; thence northeasterly along said lateral divide to its intersection with the township line near the southeast corner of township 18 south, range 31 east of the Mount Diablo base and meridian; thence north approximately thirty-five degrees west to the summit of the butte next north of Soda Creek (United States Geological Survey al- titude eight thousand eight hundred and eighty- eight feet); thence northerly and northwesterly along the crest of the hydrographic divide to a junction with the crest of the main hydro- graphic divide between the headwaters of the South Fork of the Kaweah River and the head- waters of Little Kern River; thence northerly along said divide now between Horse and Cow Creeks and the headwaters of East Fork Kaweah River to its intersection with the present east boundary of Sequoia National Park, approxi- mately at Tar Gap, being the east line of town- ship 17 south, range 30 east; thence northerly along said line to its intersection with the main hydrographic divide north of East Fork Kaweah River; thence easterly following said divide, passing through Timber Gap to the summit of Sawtooth Peak; thence southeasterly along the crest of the Great Western Divide to the summit of Coyote Peaks (United States Geological Sur- vey bench mark, altitude ten thousand nine hundred and nineteen feet); thence northeast- erly following the main hydrographic divide south of Coyote Creek to the junction of Coyote Creek and Kern River; thence due east across Kern River to the east bank; thence following said east bank of Kern River northerly to the junction of Golden Trout Creek and Kern River; thence northeasterly following the main hydro- graphic divide north of Golden Trout Creek, and between the headwaters of Golden Trout Creek and Rock Creek to a junction with the main crest of the Sierra Nevada, northwest of Cirque Peak; thence northerly and westerly along said main crest of the Sierra Nevada to Junction Peak (United States Geological Survey bench mark thirteen thousand nine hundred and three feet); thence westerly along the crest of the Kings-Kern Divide to a junction with the crest of the Great Western Divide at Thunder Moun- tain (United States Geological Survey bench mark thirteen thousand five hundred and sev- enty-eight feet); thence southwesterly along the crest of the Great Western Divide to Triple Di- vide Peak (United States Geological Survey alti- tude twelve thousand six hundred and fifty-one feet); thence westerly and northwesterly along the crest of the hydrographic divide between the headwaters of Roaring River and the headwaters of the Middle and Marble Forks of the Kaweah River to Kettle Peak (United States Geological Survey altitude ten thousand and thirty-eight feet); thence westerly and southwesterly along the crest of the main hydrographic divide next north of Clover Creek and Dorst Creek to the Junction of Stony Creek and Dorst Creek; thence following the west bank of the North Fork Kaweah River to its junction with Cactus Creek; thence easterly along the first hydro- graphic divide south of Cactus Creek to its intersection with the present west boundary of Sequoia National Park, being the west line of township 16 south, range 29 east; thence south- erly along said west boundary to the southwest corner of said township; thence easterly along the present boundary of Sequoia National Park, being the north line of township 17 south, range 29 east, to the northeast corner of said township; thence southerly along the present boundary of Sequoia National Park, being the west lines of townships 17 and 18 south, range 30 east, to the place of beginning; and all of those lands lying within the boundary line above described are in- cluded in and made a part of the Roosevelt-Se- quoia National Park; and all of those lands ex- cluded from the present Sequoia National Park are included in and made a part of the Sequoia National Forest, subject to all laws and regula- tions applicable to the national forests. (July 3, 1926, ch. 744, § 1, 44 Stat. 818.) Page 46 TITLE 16—CONSERVATION § 45a–1 Statutory Notes and Related Subsidiaries EXCLUSION AND ADDITION OF LANDS Certain lands excluded from Kings Canyon National Park and added to Sequoia National Forest, see section 80a–1 of this title. Certain lands excluded from Sequoia National Forest and added to Kings Canyon National Park, see section 80a–2 of this title. § 45a–1. Addition of lands authorized The Secretary of the Interior is authorized, in his discretion, to accept title to lands and inter- ests in lands near the entrance to the Sequoia National Park, subject to existing easements for public highways and public utilities, within the following described tracts: Tract A. A portion of tract 37, township 17 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approxi- mately two acres. Tract B. A portion of the east half of the northeast quarter of section 4, township 17 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approxi- mately thirty-eight acres. Tract C. A portion of the south half of tract 37, township 17 south, range 29 east, Mount Diablo meridian, Tulare County, California, comprising approximately sixty one-hundredths acre. The owners of the lands to be conveyed to the United States, before any exchange is effective, shall furnish to the Secretary of the Interior evidence satisfactory to him of title to such lands. Such property shall become a part of the Sequoia National Park upon the acceptance of title thereto by the Secretary, and shall there- after be subject to all laws and regulations ap- plicable to the park. (Dec. 21, 1943, ch. 372, § 1, 57 Stat. 606.) Statutory Notes and Related Subsidiaries ELECTRIC POWER DEVELOPMENT PERMITS Pub. L. 99–338, June 19, 1986, 100 Stat. 641, as amended by Pub. L. 103–437, § 6(d)(4), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 108–447, div. E, title I, § 139(c), Dec. 8, 2004, 118 Stat. 3069, provided: ‘‘That the Secretary of the Inte- rior is hereby authorized to issue a permit for ten years, and may issue not more than 3 renewals of equivalent duration, for portions of an existing hydro- electric project, known as the Kaweah Project of Southern California Edison Company, to continue to occupy and use lands of the United States within Se- quoia National Park as necessary for continued oper- ation and maintenance. ‘‘SEC. 2. The Secretary shall not execute any permit renewal prior to one hundred and twenty calendar days from the date the same is submitted to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Natural Resources of the United States House of Representatives. ‘‘SEC. 3. The permit shall contain the following provi- sions: ‘‘(1) A prohibition on expansion of the Kaweah Project in Sequoia National Park. ‘‘(2) A requirement that an independent safety as- sessment of the Kaweah Project be conducted, and that any deficiencies identified as a result of the as- sessment would be corrected. ‘‘(3) A requirement that the Secretary prepare and submit to Congress an update of the July 1983 report on the impact of the operations of the Kaweah No. 3 facility on Sequoia National Park. ‘‘(4) A requirement that the permittee pay the park compensation as determined by the Secretary in con- sultation with the permittee. ‘‘(5) Any other reasonable terms and conditions that the Secretary of the Interior deems necessary and proper for the management and care of Sequoia National Park and the purposes for which it was es- tablished. ‘‘SEC. 4. The proceeds from any fees imposed pursuant to a permit issued under this Act shall be retained by Sequoia National Park and Kings Canyon National Park and shall be available, without further appropria- tion, for resources protection, maintenance, and other park operational needs.’’ Pub. L. 93–522, Dec. 14, 1974, 88 Stat. 1660, as amended by Pub. L. 95–625, title III, § 314(d)(3), Nov. 10, 1978, 92 Stat. 3482, authorized Secretary of the Interior to issue a permit to occupy and use lands of United States with- in Sequoia National Park necessary for continued oper- ation, maintenance, and use of hydroelectric project known as the Kaweah Number 3 project of Southern California Edison Company, provided that in no event could the term of such permit extend for any period in excess of ten years following the date of its issuance, unless specifically authorized by law, provided for terms and conditions of permit, required report on im- pact of hydroelectric project, and provided for applica- bility of the Act. Pub. L. 88–47, June 21, 1963, 77 Stat. 70, authorized Secretary of the Interior to issue a permit to use and occupy United States lands within Sequoia National Park necessary for continued operation, maintenance, and use of the Kaweah number 3 hydroelectric project of Southern California Edison Company, which by its terms was to provide that any privileges granted there- under were to be exercised in accord with Federal Power Act (16 U.S.C. 791a et seq.) and rules and regula- tions promulgated thereunder, and which was to expire no later than Aug. 6, 1974. Act Dec. 21, 1943, ch. 372, § 3, 57 Stat. 606, provided as follows: ‘‘Nothing in this Act [sections 45a–1 and 45a–2 of this title] shall be construed to alter or affect in any manner the provisions, or extend the term, of the per- mit heretofore granted to the Southern California Edi- son Company and predecessors thereof for the use of lands in the Sequoia National Park for electric power development purposes, or to relieve the company of any financial or other obligation under said permit, or under agreements or orders relating or supplementary thereto.’’ § 45a–2. Exchange of certain lands for lands con- veyed to United States In exchange for the conveyance to the United States of tract A, as provided in section 45a–1 of this title, the Secretary is authorized, in his dis- cretion, to patent to the owner of tract A, sub- ject to such terms and conditions as the Sec- retary may deem necessary, certain lands of ap- proximately equal value described as follows: Tract D. A portion of the southeast quarter of section 33, township 16 south, range 29 east, Mount Diablo meridian, Tulare County, Cali- fornia, comprising approximately two and fifty one-hundredths acres. In exchange for the conveyance to the United States of tracts B and C, as provided in section 45a–1 of this title, the Secretary is authorized to patent, in a similar manner, to the owner of tracts B and C certain lands of approximately equal value described as follows: Tract E. The southwest quarter of the north- west quarter of section 4, which shall be subject to section 818 of this title; the south half of the northeast quarter of section 5; and approxi- mately sixty-eight acres of the north half of the