16 U.S.C. § 43 — Sequoia National Park; rules and regula-

Page 44 TITLE 16—CONSERVATION § 40a thorized by section 39 of this title; but, with the exception of valid existing claims, no land so added to Yellowstone National Park shall be subject to entry under the mining laws of the United States: Provided, That the Secretary of the Interior for such lands as are added to Yel- lowstone National Park may provide by rules and regulations for the management and use of the added lands as may in his discretion be nec- essary to accomplish the purposes of sections 37 to 40 of this title: And provided further, That the lands of the United States acquired by donation or purchase within the area described in section 37 of this title shall not be subject to location and entry under the mining laws of the United States nor the Act of June 11, 1906, authorizing homestead entries in national forests. (May 26, 1926, ch. 399, § 6, 44 Stat. 656.) Editorial Notes REFERENCES IN TEXT Act of June 11, 1906, referred to in text, means act June 11, 1906, ch. 3074, 34 Stat. 233, which was classified to sections 506 to 508 and 509 of this title, and was re- pealed by Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157. § 40a. Educational facilities for dependents of employees; payments to school districts; limi- tation on amount Under such regulations as may be prescribed by the Secretary of the Interior, payments may be made, as provided in sections 40a to 40c of this title, in advance or otherwise, from any rev- enues received by the United States from visi- tors to Yellowstone National Park, to the appro- priate school district or districts serving that park, as reimbursement for educational facili- ties (including, where appropriate, transpor- tation to and from school) furnished by the said district or districts to pupils who are dependents of persons engaged in the administration, oper- ation, and maintenance of the park, and living at or near the park upon real property of the United States not subject to taxation by the State or local agencies and upon which pay- ments in lieu of taxes are not made by the United States: Provided, That the payments for any school year for the aforesaid purpose shall not exceed that part of the cost of operating and maintaining such facilities which the number of pupils, in average daily attendance during that year, bears to the whole number of pupils in av- erage daily attendance at those schools for that year. (June 4, 1948, ch. 417, § 1, 62 Stat. 338.) § 40b. Cooperative agreements with States or local agencies; expansion; Federal contribu- tions If in the opinion of the Secretary of the Inte- rior, the aforesaid educational facilities cannot be provided adequately and payment made therefor on a pro rata basis, as prescribed in sec- tion 40a of this title, the Secretary of the Inte- rior, in his discretion, may enter into coopera- tive agreements with States or local agencies for (a) the operation of school facilities, (b) for the construction and expansion of local facili- ties at Federal expense, and (c) for contribution by the Federal Government, on an equitable basis satisfactory to the Secretary, to cover the increased cost to local agencies for providing the educational services required for the pur- poses of sections 40a to 40c of this title. (June 4, 1948, ch. 417, § 2, 62 Stat. 339.) § 40c. Creation of special fund; expenditure For the purposes of sections 40a and 40b of this title, the Secretary of the Treasury is author- ized to maintain hereafter in a special fund a sufficient portion of the park revenues, based upon estimates to be submitted by the Sec- retary of the Interior, and to expend the same upon certification by the Secretary of the Inte- rior. (June 4, 1948, ch. 417, § 3, 62 Stat. 339.) SUBCHAPTER VI—SEQUOIA AND YOSEMITE NATIONAL PARKS Statutory Notes and Related Subsidiaries GENERAL GRANT NATIONAL PARK ABOLISHED General Grant National Park was abolished and lands transferred to Kings Canyon National Park, see section 80a of this title. § 41. Sequoia National Park; establishment; boundaries; trespassers The tract of land in the State of California known and described as township numbered 18 south, of range numbered 30 east, also township 18 south, range 31 east; and sections 31, 32, 33, and 34, township 17 south, range 30 east, all east of Mount Diablo meridian, is reserved and with- drawn from settlement, occupancy, or sale under the laws of the United States, and dedi- cated and set apart as a public park, or pleasure ground, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon, or occupy the same or any part thereof ex- cept as provided in section 43 of this title, shall be considered trespassers and removed there- from. (Sept. 25, 1890, ch. 926, § 1, 26 Stat. 478.) § 42. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1028 Section, act July 1, 1916, ch. 209, § 1, 39 Stat. 308, re- lated to donations of lands or rights-of-way. § 43. Sequoia National Park; rules and regula- tions; leases; fish and game; trespassers Sequoia National Park shall be under the ex- clusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, mineral deposits, natural curiosities or wonders within said park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building pur- poses for terms not exceeding ten years of small parcels of ground not exceeding five acres, at such places in said park as shall require the erection of buildings for the accommodation of 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.)