16 U.S.C. § 64 — Sale or disposal of timber; destruction of

Page 58 TITLE 16—CONSERVATION § 61 1 See References in Text note below. 1 See References in Text note below. 2 So in original. Probably should be ‘‘plant’’. except dangerous animals, when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said parks; nor shall any fish be taken out of any of the waters of the said parks, or any one of them, in any other way than by hook and line, and then only at such seasons and such times and manner as may be directed by the Secretary of the Interior. (June 2, 1920, ch. 218, § 5, 41 Stat. 731.) § 61. Rules and regulations in parks The Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the manage- ment and care of the park and for the protection of the property therein, especially for the pres- ervation from injury or spoliation of all timber, mineral deposits other than those legally lo- cated prior to the passage of the respective Acts creating and establishing said parks, natural cu- riosities or wonderful objects within said parks, and for the protection of the animals in the park from capture or destruction, and to prevent their being frightened or driven from the said parks; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said parks or either of them. He shall cause all persons trespassing upon the same to be removed therefrom. (Oct. 1, 1890, ch. 1263, § 2, 26 Stat. 651; June 2, 1920, ch. 218, § 5, 41 Stat. 732.) Editorial Notes CODIFICATION The first sentence of this section was from section 5 of the act of June 2, 1920. The last sentence of this section is from section 2 of act Oct. 1, 1890. § 62. Possession of dead bodies of birds or ani- mals Possession within said parks, or either of them, of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evi- dence that person or persons having same are guilty of violating sections 60 to 63 of this title. (June 2, 1920, ch. 218, § 5, 41 Stat. 732.) § 63. Transportation of birds, animals, or fish; violations of statute or rules or regulations for management, care, and preservation of parks; damage or spoliation; punishment Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of sections 57, 58, and 60 to 65 of this title, and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of said sections, or any rule or regulation that may be promulgated by the Secretary of the Interior, with reference to the management and care of the said parks, or either of them, or for the protection of the property therein for the preservation from in- jury or spoliation of timber, mineral deposits, other than those legally located prior to the passage of the respective Acts creating and es- tablishing said parks, natural curiosities, or wonderful objects within said parks, or either of them, or for the protection of the animals, birds, or fish in the said parks, or either of them, or who shall within said parks commit any dam- age, injury, spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, under- wood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to the passage of the re- spective Acts creating and establishing said parks, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be subject to the penalty provided for the violation of rules and regulations of the Secretary of the Interior authorized by section 3 of the Act of Congress approved August 25, 1916 (Thirty-ninth Statutes, page 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’.1 (June 2, 1920, ch. 218, § 5, 41 Stat. 732.) Editorial Notes REFERENCES IN TEXT Section 3 of the Act of Congress approved August 25, 1916 (Thirty-ninth Statutes, page 535), entitled ‘‘An Act to establish a National Park Service, and for other pur- poses’’, referred to in text, is section 3 of act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 3 of this title. Section 3 of the Act was repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. § 64. Sale or disposal of timber; destruction of detrimental animal or plant life Nothing in sections 57, 58, and 60 to 65 of this title shall be construed as repealing or in any way modifying the authority granted the Sec- retary of the Interior by said section 3 of the said Act approved August 25, 1916,1 to sell or dis- pose of timber in national parks in those cases where, in his judgment, the cutting of such tim- ber is required in order to control the attacks of insects or diseases or otherwise conserve the scenery of the natural or historic objects in such parks and to provide for the destruction of such animals and such palnt 2 life as may be detri- mental to the use of any of said parks, or the au- thority granted to said Secretary by sections 51 to 54 of this title. (June 2, 1920, ch. 218, § 5, 41 Stat. 732.) Editorial Notes REFERENCES IN TEXT Said section 3 of the said Act approved August 25, 1916, referred to in text, is section 3 of act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 3 of this title. Section 3 of the Act was repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. 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-