16 U.S.C. § 401 — Establishment; boundaries; administration

Page 221 TITLE 16—CONSERVATION § 401 1 See References in Text note below. 1 See References in Text note below. Park. For purposes of this section, acquisitions of land on Hassel Island shall be deemed to be acquisitions qualifying for payment under the provisions of paragraph (2) of the Act of June 10, 1977 (Public Law 95–42; 91 Stat. 210). In addition to such sums as may have heretofore been ap- propriated for development of public facilities within the Virgin Islands National Park, effec- tive October 1, 1978, there are authorized to be appropriated not more than $1,000,000 for res- toration and rehabilitation of historic struc- tures and for development of public facilities on Hassel Island, and not more than $500,000 as a grant to the Territory of the Virgin Islands for its use in furthering projects undertaken pursu- ant to the Land and Water Conservation Fund Act,1 the Historic Preservation Act,1 or other comparable programs upon the transfer of title to the United States of all properties held by the territory on Hassel Island. (Pub. L. 87–750, § 4, Oct. 5, 1962, 76 Stat. 748; Pub. L. 93–477, title I, § 101(10), Oct. 26, 1974, 88 Stat. 1445; Pub. L. 95–348, § 7(b)(5), Aug. 18, 1978, 92 Stat. 495.) Editorial Notes REFERENCES IN TEXT Paragraph (2) of the Act of June 10, 1977 (Public Law 95–42; 91 Stat. 210), referred to in text, amended former section 460l–7 of this title. The Land and Water Conservation Fund Act, referred to in text, probably means the Land and Water Con- servation Fund Act of 1965, Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which was classified principally to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter 1 of this title. Sections 2, 3, 4(i)(1)(C), (j) to (n), 5 to 10, and 201 of the Act were repealed and restated as sections 100506(c) and 100904 and chapter 2003 of Title 54, Na- tional Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For com- plete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Dis- position Table preceding section 100101 of Title 54. The Historic Preservation Act, referred to in text, probably means Pub. L. 89–665, Oct. 15, 1966, 80 Stat. 915, known as the National Historic Preservation Act, which was classified generally to subchapter II (§ 470 et seq.) of chapter 1A of this title. The Act, except for sec- tion 1, was repealed and restated in division A (§ 300101 et seq.) of subtitle III of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 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. AMENDMENTS 1978—Pub. L. 95–348 substituted provisions author- izing appropriations for acquisition of lands and inter- ests in lands in the Park, provisions for acquisitions of land on Hassel Island, and provisions authorizing ap- propriations for restoration and rehabilitation of his- toric structures, etc., on Hassel Island and as a grant for the Territory, for provisions authorizing appropria- tions of not more than $12,250,000 for acquisition of lands pursuant to section 398d of this title. 1974—Pub. L. 93–477 substituted ‘‘$12,250,000’’ for ‘‘$1,250,000’’. SUBCHAPTER XLV—BRYCE CANYON NATIONAL PARK Statutory Notes and Related Subsidiaries CHANGE OF NAME Utah National Park changed to Bryce Canyon Na- tional Park, see section 402a of this title. § 401. Establishment; boundaries; administration There is reserved and withdrawn from settle- ment, occupancy, or disposal under the laws of the United States and dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the ‘‘Bryce Can- yon National Park,’’ the tract of land in the State of Utah particularly described by and in- cluded within metes and bounds, as follows, to wit: Unsurveyed sections 31 and 32, township 36 south, range 3 west; surveyed section 36, town- ship 36 south, range 4 west; north half, south- west quarter and west half of the southeast quarter of partially surveyed section 5; unsurveyed sections 6 and 7, west half, west half of the northeast quarter, and west half of the southeast quarter of partially surveyed section 8, partially surveyed section 17, and unsurveyed section 18, township 37 south, range 3 west; and unsurveyed sections 1, 12, and 13, township 37 south, range 4, all west of the Salt Lake merid- ian in the State of Utah. All the land within the exterior boundaries of the aforesaid tract shall first become the property of the United States. The administration, protection, and promotion of said Bryce Canyon National Park shall be ex- ercised under the direction of the Secretary of the Interior by the National Park Service, sub- ject to the provisions of the Act of August 25, 1916, entitled ‘‘An Act to establish a National Park Service, and for other purposes.’’ 1 (June 7, 1924, ch. 305, §§ 1, 2, 43 Stat. 593, 594; Feb. 25, 1928, ch. 102, § 1, 45 Stat. 147; May 12, 1928, ch. 533, § 1, 45 Stat. 502.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916, entitled ‘‘An Act to estab- lish a National Park Service, and for other purposes.’’, referred to in text, 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 repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, 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 preceding section 100101 of Title 54. CODIFICATION The last sentence of this section is from section 2 of act June 7, 1924. AMENDMENTS 1928—Act May 12, 1928, changed description of land in section 8 from ‘‘west half of the southwest quarter’’ to ‘‘west half of the southeast quarter’’. Page 222 TITLE 16—CONSERVATION § 402 Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Utah National Park’’ changed to ‘‘Bryce Canyon Na- tional Park’’ by section 1 of act Feb. 25, 1928, classified to section 402a of this title. § 402. Existing claims, locations, or entries not af- fected; exchange of lands Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States prior to June 7, 1924, whether for homestead, mineral, right- of-way, or any other purpose whatsoever, or shall affect the rights of any such claimant, lo- cator, or entryman to the full use and enjoy- ment of his land. The Secretary of the Interior is authorized to exchange, in his discretion, alienated lands in Bryce Canyon National Park for unappropriated and unreserved public lands of equal value and approximately equal area in the State of Utah outside of said park. (June 7, 1924, ch. 305, § 3, 43 Stat. 594; Feb. 25, 1928, ch. 102, § 1, 45 Stat. 147.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act June 7, 1924, which is classified to sections 346, 401 and 402 of this title. For complete classification of this Act to the Code, see Tables. The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands. CODIFICATION The last sentence of this section as originally enacted is expressly applicable also to Zion National Park. See section 346 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Utah National Park’’ changed to ‘‘Bryce Canyon Na- tional Park’’ by section 1 of act Feb. 25, 1928, classified to section 402a of this title. § 402a. Utah National Park; change of name to Bryce Canyon National Park The area within the State of Utah described in section 401 of this title, providing for the estab- lishment of the Utah National Park, shall be, when established as a national park, known as the Bryce Canyon National Park. (Feb. 25, 1928, ch. 102, § 1, 45 Stat. 147.) § 402b. Additions to park The east half east half section 25, township 36 south, range 4 west; the east half and southwest quarter section 20, and all of sections 21, 29, and 30, township 36 south, range 3 west; all of sec- tions 24 and 25, township 37 south, range 4 west; and all of sections 19 and 30, township 37 south, range 3 west, Salt Lake meridian, are excluded from the Powell National Forest and made a part of the Bryce Canyon National Park, subject to the provisions of sections 346, 401, and 402 of this title. (Feb. 25, 1928, ch. 102, § 2, 45 Stat. 147; May 12, 1928, ch. 533, § 2, 45 Stat. 502.) Editorial Notes AMENDMENTS 1928—Act May 12, 1928, corrected description of land in section 20 by inserting ‘‘and’’ between ‘‘east half’’ and ‘‘southwest quarter’’. § 402c. Further additions to park Unsurveyed sections 28 and 33, township 36 south, range 3 west, and section 20, township 37 south, range 3 west, Salt Lake meridian, public lands of the United States, are added to and made a part of the Bryce Canyon National Park subject to the provisions of sections 346, 401, and 402 of this title. (Feb. 25, 1928, ch. 102, § 3, 45 Stat. 147.) § 402d. Extension of boundaries; laws applicable For the purpose of preserving in their natural state the outstanding scenic features to the south and west of Bryce Canyon National Park, the President of the United States is authorized, upon the joint recommendation of the Secre- taries of Interior and of Agriculture, to add to the Bryce Canyon National Park, in the State of Utah, by Executive proclamation, any or all of unsurveyed townships 37 and 38 south, range 4 west, Salt Lake meridian, not included in said park, on June 13, 1930, and all the lands added to said park pursuant hereto shall be, and are, made subject to all laws, rules, and regulations applicable to and in force in the Bryce Canyon National Park. (June 13, 1930, ch. 480, § 1, 46 Stat. 582.) § 402e. Application of Federal Power Act The provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to lands in- cluded in the Bryce Canyon National Park on June 13, 1930, nor to any lands added to said park under the authority of section 402d of this title. (June 13, 1930, ch. 480, § 2, 46 Stat. 583.) Editorial Notes REFERENCES IN TEXT The Federal Power Act, referred to in text, was in the original the ‘‘Act of June 10, 1920, known as the Federal Water Power Act,’’ and was redesignated as the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. § 402f. Further additions to park For the purpose of preserving in their natural state the outstanding scenic features thereon and for the purpose of rounding out the bound- ary of the Bryce Canyon National Park, the President of the United States is authorized, upon the joint recommendation of the Secre- taries of Interior and of Agriculture, to add to said park by Executive proclamation any or all of the following-described lands in the State of Utah, which shall thereupon become and be a part of said park subject to all laws and regula- tions applicable thereto, to wit: South half southwest quarter section 2, south half south