16 U.S.C. § 193 — Claims and rights under land laws not af-

Page 121 TITLE 16—CONSERVATION § 193 1 See References in Text note below. (f) City of Grand Lake, Colorado; conveyance of land by the Secretary The Secretary of the Interior shall convey, to the city of Grand Lake, Colorado, without com- pensation or consideration, the lands, not to ex- ceed two acres, within the area referred to as GL–5 on the map referred to in subsection (a). (g) Use of snowmobiles in certain areas The Secretary of the Interior may provide for the use of snowmobiles along the East Shore Trail of Shadow Mountain Lake if after study the Secretary determines such use will not re- sult in any significant adverse impact upon wildlife. (Pub. L. 96–560, title I, § 111, Dec. 22, 1980, 94 Stat. 3271.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 96–560, Dec. 22, 1980, 94 Stat. 3265, which enacted this section and enacted provisions set out as notes under sections 1132 and 1133 of this title. For complete classi- fication of this Act to the Code, see Tables. Public Law 95–450 (92 Stat. 1099), referred to in subsec. (a), is Pub. L. 95–450, Oct. 11, 1978, 92 Stat. 1095, known as the Indian Peaks Wilderness Area, the Arapaho Na- tional Recreation Area and the Oregon Islands Wilder- ness Area Act, which is classified principally to sub- chapter XCIV (§ 460jj et seq.) of this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 460jj of this title and Tables. Statutory Notes and Related Subsidiaries ENCOURAGEMENT OF LAND EXCHANGES Pub. L. 104–333, div. I, title IV, § 408(b), Nov. 12, 1996, 110 Stat. 4153, provided that: ‘‘(1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL PARK.— Promptly following enactment of this Act [Nov. 12, 1996], the Secretary of the Interior shall seek to acquire by donation or exchange those lands within the bound- aries of Rocky Mountain National Park owned by the city of Longmont, Colorado, that are referred to in sec- tion 111(d) of the Act commonly referred to as the ‘Col- orado Wilderness Act of 1980’ (Public Law 96–560; 94 Stat. 3272; 16 U.S.C. 192b–9(d)). ‘‘(2) OTHER LANDS.—The Secretary of Agriculture shall immediately and actively pursue negotiations with the city of Longmont, Colorado, concerning the city’s proposed exchange of lands owned by the city and located in and near Coulson Gulch for other lands owned by the United States. The Secretary shall report to Congress 2 calendar years after the date of enact- ment of this Act [Nov. 12, 1996], and every 2 years there- after on the progress of such negotiations until nego- tiations are complete.’’ § 192b–10. Boundary adjustment for Rocky Moun- tain National Park and Roosevelt National Forest (a) Acquisition and boundary change The Secretary of the Interior (hereinafter re- ferred to as the ‘‘Secretary’’) is authorized to acquire, by donation, purchase with donated or appropriated funds, or by exchange, lands or in- terests therein within the area generally de- picted as ‘‘Proposed Park Additions’’ on the map entitled ‘‘Proposed Park Additions, Rocky Mountain National Park’’, numbered 121–80, 106–A and dated May, 1989, which map shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. Upon acquisition of such lands, the Secretary shall revise the boundary of Rocky Mountain National Park to include such lands within the park boundary and shall admin- ister such lands as part of the park subject to the laws and regulations applicable thereto. (b) Boundary adjustment for Roosevelt National Forest Upon acquisition of such lands by the Sec- retary, the Secretary of Agriculture shall revise the boundary of the Roosevelt National Forest to exclude such lands from the national forest boundary. (c) Agreement The Secretary is authorized to enter into an agreement with the owner of the lands identified as Tract 1127 and 1127B4, Section 23, Township 3 North, Range 73, Boulder County, Colorado, within the boundaries of Rocky Mountain Na- tional Park, to ensure the right of use as a sin- gle family residence, unless said property is being developed or is officially proposed to be developed by the owners in a manner which would substantially change its use. (Pub. L. 101–192, § 1, Nov. 29, 1989, 103 Stat. 1700.) § 192c. Vested rights Nothing contained in this section and section 192b of this title shall affect any vested and ac- crued rights of ownership of lands or any valid existing claim, location, or entry existing under the land laws of the United States on June 21, 1930, whether for homestead, mineral, rights-of- way, or any other purposes whatsoever, or any water rights and/or rights-of-way connected therewith, including reservoirs, conduits, and ditches, as may be recognized by local customs, laws, and decisions of courts, or shall affect the right of any such owner, claimant, locator, or entryman to the full use and enjoyment of his land. (June 21, 1930, ch. 561, § 2, 46 Stat. 792.) § 193. Claims and rights under land laws not af- fected; rights-of-way for irrigation and other purposes Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right of way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park the Act of February fifteenth, nineteen hundred and one,1 applicable to the location of rights of way in certain national parks and the national forests for irrigation and other pur- poses, shall be and remain applicable to the lands included within the park. (Jan. 26, 1915, ch. 19, § 2, 38 Stat. 800; Jan. 26, 1931, ch. 47, § 7, 46 Stat. 1044.) Page 122 TITLE 16—CONSERVATION § 194 1 So in original. Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act Jan. 26, 1915, which is classified to sections 191 and 193 to 195a of this title. For complete classification of this Act to the Code, see Tables. The Act of February fifteenth, nineteen hundred 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 sec- tion 100902(a) of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. AMENDMENTS 1931—Act Jan. 26, 1931, repealed provision which au- thorized granting of easements or rights of way for steam, electric, or similar transportation upon or across the park. § 194. Lands held in private, municipal, or State ownership not affected No lands located within the park boundaries held in private, municipal, or State ownership on January 26, 1915, shall be affected by or sub- ject to the provisions of sections 191, 193, 195, and 195a of this title. (Jan. 26, 1915, ch. 19, § 3, 38 Stat. 800.) § 195. Control; regulations; leases; sale and re- moval of timber Rocky Mountain National Park shall be under the executive control of the Secretary of the In- terior, and it shall be the duty of the said execu- tive authority, as soon as practicable, to make and publish such reasonable rules and regula- tions, not inconsistent with the laws of the United States, as the said authority may deem necessary or proper for the care, protection, management, and improvement of the same, the said regulations being primarily aimed at the freest use of the said park for recreation pur- poses by the public and for the preservation of the natural conditions and scenic beauties thereof. The said authority may, in his discre- tion, execute leases to parcels of ground not ex- ceeding twenty acres in extent in any one place to any person or company for not to exceed twenty years whenever such ground is necessary for the erection of establishments for the ac- commodation of visitors, may grant such other necessary privileges and concessions as he deems wise for the accommodation of visitors, and may likewise arrange for the removal of such mature or dead or down timber as he may deem necessary and advisable for the protection and improvement of the park. The regulations governing the park shall include provisions for the use of automobiles therein: 1 The Secretary of the Interior is authorized to accept patented lands or rights of way over patented lands in the Rocky Mountain National Park that may be do- nated for park purposes. (Jan. 26, 1915, ch. 19, § 4, 38 Stat. 800; June 12, 1917, ch. 27, § 1, 40 Stat. 152; Mar. 1, 1919, ch. 88, 40 Stat. 1270.) Editorial Notes CODIFICATION Section, with the exception of the last sentence, was from section 4 of act Jan. 26, 1915. The last sentence was from section 1 of act June 12, 1917. AMENDMENTS 1919—Act Mar. 1, 1919, ch. 88, struck out ‘‘Provided, That no appropriation for the maintenance, super- vision, or improvement of said park in excess of $10,000 annually shall be made unless the same shall have first been expressly authorized by law’’ after ‘‘automobiles therein:’’. Statutory Notes and Related Subsidiaries OBLIGATION OF FEES FOR TRANSPORTATION SERVICES AT ZION OR ROCKY MOUNTAIN NATIONAL PARKS Pub. L. 108–7, div. F, title I, § 140, Feb. 20, 2003, 117 Stat. 244, provided that: ‘‘In fiscal year 2003 and each fiscal year thereafter, notwithstanding any other provi- sion of law, with respect to a service contract for the provision solely of transportation services at Zion Na- tional Park or Rocky Mountain National Park, the Secretary of the Interior may obligate the expenditure of fees expected to be received in that fiscal year before the fees are received, so long as total obligations do not exceed fee collections retained at Zion National Park or Rocky Mountain National Park, respectively, by the end of that fiscal year.’’ EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED BOUNDARY OF ROCKY MOUNTAIN NATIONAL PARK Pub. L. 104–333, div. I, title VIII, § 810, Nov. 12, 1996, 110 Stat. 4189, provided that: ‘‘The Secretary of the Inte- rior is authorized to collect and expend donated funds and expend appropriated funds for the operation and maintenance of a visitor center to be constructed for visitors to and administration of Rocky Mountain Na- tional Park with private funds on privately owned lands located outside the boundary of the park.’’ § 195a. North St. Vrain Creek and adjacent lands Neither the Secretary of the Interior nor any other Federal agency or officer may approve or issue any permit for, or provide any assistance for, the construction of any new dam, reservoir, or impoundment on any segment of North St. Vrain Creek or its tributaries within the bound- aries of Rocky Mountain National Park or on the main stem of North St. Vrain Creek down- stream to the point at which the creek crosses the elevation 6,550 feet above mean sea level. Nothing in this section shall be construed to prevent the issuance of any permit for the con- struction of a new water gauging station on North St. Vrain Creek at the point of its con- fluence with Coulson Gulch. (Jan. 26, 1915, ch. 19, § 5, as added Pub. L. 104–333, div. I, title IV, § 408(a), Nov. 12, 1996, 110 Stat. 4153.) § 196. Use for Arbuckle Reservoir The Secretary of the Interior is authorized in his discretion to permit, by license, lease, or other authorization, the use of necessary land in the Rocky Mountain National Park for the maintenance and operation in its present height and capacity, of the Arbuckle Number 2 Res- ervoir. (June 9, 1926, ch. 515, § 2, 44 Stat. 714.)