16 U.S.C. § 46 — Yosemite National Park; lands segregated

Page 50 TITLE 16—CONSERVATION § 45g directed to cooperate with the Secretary in his development of such plan and to make such studies as the Secretary may request on a cost reimbursable basis. (D) In preparing the comprehensive manage- ment plan required by this subsection, the Sec- retary shall consider technical information and other pertinent data assembled or produced by field studies or investigations conducted sepa- rately or jointly by the technical and adminis- trative personnel of the Federal and State agen- cies involved in order to insure the permanent conservation of wildlife within the area added to the park by this section. Except in emergencies, rules and regulations pertaining to the manage- ment of wildlife within the area added to the park by this section shall be put into effect only after consultation with the State of California. (f) Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary for the acquisition of land and interests therein de- scribed in this section. (g) Omitted (h) Skiing prohibition The Congress recognizes that the Mineral King Valley area has outstanding potential for cer- tain year-round recreational opportunities, but the development of permanent facilities for downhill skiing within the area would be incon- sistent with the preservation and enhancement of its ecological values. (Pub. L. 95–625, title III, § 314, Nov. 10, 1978, 92 Stat. 3479; Pub. L. 103–437, § 6(d)(5), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 108–447, div. E, title I, § 139(b), Dec. 8, 2004, 118 Stat. 3068.) Editorial Notes REFERENCES IN TEXT This section, referred to in text, other than as ap- pearing with a reference to a subsection of this section, means section 314 of Pub. L. 95–625, which in addition to enacting this section, repealed sections 45a–3 and 688 of this title, enacted provisions set out as a note under section 688 of this title, and amended provisions set out as a note under section 45a–1 of this title. The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. and following), referred to in subsec. (d)(1), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were re- pealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table pre- ceding section 100101 of Title 54. CODIFICATION Section is comprised of section 314 of Pub. L. 95–625. Subsec. (d)(3) of section 314 of Pub. L. 95–625 amended Pub. L. 93–522, which is set out as a note under section 45a–1 of this title. Subsec. (g) of section 314 of Pub. L. 95–625 repealed sections 45a–3 and 688 of this title and enacted provisions set out as notes under section 688 of this title. AMENDMENTS 2004—Subsec. (c)(2). Pub. L. 108–447, § 139(b)(1), struck out second sentence which read as follows: ‘‘Such rights of use and occupancy shall be for not more than twenty-five years or for a term ending at the death of the owner or his or her spouse, whichever is later.’’ Subsec. (d)(2)(B). Pub. L. 108–447, § 139(b)(2), inserted ‘‘and to their heirs, successors, and assigns’’ after ‘‘of record on November 10, 1978,’’ in third sentence. 1994—Subsec. (b)(1). Pub. L. 103–437 substituted ‘‘Nat- ural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. ‘‘SECRETARY’’ DEFINED Pub. L. 95–625, § 2, Nov. 10, 1978, 92 Stat. 3470, provided that: ‘‘As used in this Act [see Tables for classifica- tion], except as otherwise specifically provided, the term ‘Secretary’ means the Secretary of the Interior.’’ § 45g. Addition to Sequoia National Park (a) In general As soon as practicable after December 28, 2000, the Secretary of the Interior shall acquire by donation, purchase with donated or appropriated funds, or exchange, all interest in and to the land described in subsection (b) for addition to Sequoia National Park, California. (b) Land acquired The land referred to in subsection (a) is the land depicted on the map entitled ‘‘Dillonwood’’, numbered 102/80,044, and dated September 1999. (c) Addition to park Upon acquisition of the land under subsection (a)— (1) the Secretary of the Interior shall— (A) modify the boundaries of Sequoia Na- tional Park to include the land within the park; and (B) administer the land as part of Sequoia National Park in accordance with all appli- cable laws; and (2) the Secretary of Agriculture shall modify the boundaries of the Sequoia National Forest to exclude the land from the forest boundaries. (Pub. L. 106–574, § 1, Dec. 28, 2000, 114 Stat. 3062.) § 46. Yosemite National Park; lands segregated from and included in Sierra National Forest; rights-of-way over All those tracts or parcels of ground described in section 471c of this title, but not included within the metes and bounds of the land herein- after described are included and made a part of the Sierra National Forest, namely: The tracts of land in the State of California known and de- scribed as follows: Beginning at the point where the middle of the channel of the South Fork of the Merced River intersects the line between sections 3 and 4, township 4 south, range 20 east, Mount Diablo base and meridian; thence north- erly along section lines through the middle of 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