« ForrigeFortsett »
Sec. 3. That the Secretary of the Interior shall make Regulations for and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service, and any violations Punishment for of any of the rules and regulations authorized by this Act shall be punished as provided for in section fifty of the Act entitled “ An Act to codify and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, as amended by section six of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth United States Statutes at Large, page eight hundred and fifty-seven). He may also, upon terms and Disposal of conditions to be fixed by him, sell or dispose of timber in those cases where in his judgment the cutting of such timber is required in order to control the attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for the destruction of such animals and of such plant life as may be detrimental to the use of any of said parks, monuments, or reservations. He may also grant privi- accommodating leges, leases, and permits for the use of land for the ac- visitors. commodation of visitors in the various parks, monuments, or other reservations herein provided for, but for periods not exceeding twenty years; and no natural curiosities, wonders, or objects of interest shall be leased, rented, or granted to anyone on such terms as to interfere with free access to them by the public: Provided, however, That the Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze live stock within any national park, monument, or reservation herein referred to when in his judgment such use is not detrimental to the primary purpose for which such park, monument, or reserration was created, except that this provision shall not Park excepted. apply to the Yellowstone National Park.
Sec. 4. That nothing in this Act contained shall affect Right of way or modify the provisions of the Act approved February fifteenth, nineteen hundred and one, entitled “An Act relating to rights of way through certain parks, reservations, and other public lands."
Approved, August 25, 1916 (39 Stat. 535).
Grazing per: mits.
Extract from the sundry civil appropriation Act approved June 12,
1917 (40 Stat, 105–153). From and after July first, nineteen hundred and eighteen, all revenues of the national parks, except Hot parks to be com. Springs Reservation, Arkansas, shall be covered into ered into the
Treasury. the Treasury to the credit of miscellaneous receipts; and the Secretary of the Interior is directed to submit, for
Estimates rethe fiscal year nineteen hundred and ninteen and annu- quired hereafter.
ally thereafter, estimates of the amounts required for the care, maintenance, and development of the said parks.
The following are the principal acts of Congress establishing or relating to national parks (not military) in public land States, and also the Lafayette National Park in the State of Maine:
CASA GRANDE NATIONAL PARK.- Establishment of-act of March 2, 1889 (25 Stat. 961).
CRATER LAKE NATIONAL PARK.---Establishment of-Act of May 22, 1902 (32 Stat. 202).
Jurisdiction over-Act of August 21, 1916 (39 Stat. 521).
CUSTER STATE GAME PARK SANCTUARY.--Establishment of-Act of June 5, 1920 (41 Stat. 986).
GLACIER NATIONAL PARK.-Establishment of-Act of May 11, 1910 (36 Stat. 354).
Sale of lands for hotel-Act of February 10, 1912 (37 Stat. 64). Jurisdiction over-Act of August 22, 1914 (38 Stat. 699).
Secretary of the Interior authorized to accept title to lands donated-Act of March 3, 1915 (38 Stat. 863).
Secretary of the Interior authorized to acquire title to lands in private ownership-Act of March 3, 1917 (39 Stat. 1122).
Secretary of the Interior authorized to accept buildings, etc., donated-Act of June 12, 1917 (40 Stat. 105–151).
Exchange of lands in--Act of February 28, 1923.
GRAND CANYON NATIONAL PARK.-Establishment of Act of February 26, 1919 (40 Stat. 1175).
HAWAII NATIONAL PARK.-Establishment of-Act of August 1, 1916 (39 Stat. 432).
Additions to, authorized-Act of February 27, 1920 (41 Stat. 452).
Additions to-Act of May 1, 1922 (42 Stat. 503).
LAFAYETTE NATIONAL PARK.- Establishment of Act of February 26, 1919 (40 Stat. 1178).
LASSEN VOLCANIC NATIONAL PARK.--Establishment of--Act of August 9, 1916 (39 Stat. 442).
Section 5 of the Act of August 9, 1916, repealed by the Act of April 29, 1922 (42 Stat. 503).
MESA VERDE NATIONAL PARK.--Establishment of--Act of June 29, 1906 (34 Stat. 616).
Add tions to Act of June 30, 1913 (38 Stat. 77-82).
MOUNT MCKINLEY NATIONAL PARK.- Establishment of-Act of February 26, 1917 (39 Stat. 938).
Additions to-Act of January 30, 1922 (42 Stat. 359).
MOUNT RAINIER NATIONAL PARK.- Establishment of Act of March 2, 1899 (30 Stat. 993).
Jurisdiction over--Act of June 30, 1916 (39 Stat. 243).
Secretary of the Interior authorized to accept title to lands donated-Act of June 12, 1917 (40 Stat. 105–152).
ROCKY MOUNTAIN NATIONAL PARK.--Establishment of-Act of January 26, 1915 (38 Stat. 798).
Additions to--Act of February 14, 1917 (39 Stat. 916).
Secretary of the Interior authorized to accept title to lands donated-Act of June 12, 1917 (40 Stat. 105–152).
Limit of appropriations, as provided for in Act of January 26, 1915, repealed--Act of March 1, 1919 ( 40 Stat. 1270).
Donated land accepted-Act of September 18, 1922 (42 Stat. 847).
SEQUOIA AND GENERAL GRANT NATIONAL PARKS.Establishment of-Art of September 25, 1890 (26 Stat. 478).
Additions to---Act of October 1, 1890 (26 Stat. 650). WIND CAVE NATIONAL PARK.--Establishment of-Act of January 9, 1903 (32 Stat. 765).
YELLOWSTONE NATIONAL PARK.-Establishment ofAct of March 1, 1872 (17 Stat. 32).
Leases for hotels--Act of August 3, 1894 (28 Stat. 222); and act of June 4, 1896 (34 Stat. 207).
Protection or birds and animals and punishment for crimes-Act of May 7, 1894 (28 Stat. 73), and act of June 28, 1916 (39 Stat. 238).
YOSEMITE NATIONAL PARK.Establishment of---Act of October 1, 1890 (26 Stat. 650).
Right of way through-Act of July 19, 1892 (27 Stat. 235).
Troops may be detailed to protect-Act of June 6, 1900 (31 Stat. 588-618).
Boundaries changed-Act of February 7, 1905 (33 Stat. 702). Acceptance of cession-Act of June 11, 1906 (34 Stat. 831).
Acceptance of title to private lands --Act of August 9, 1912 (37 Stat. 80).
San Francisco water right-Act of December 19, 1913 (38 Stat. 242).
Secretaries of the Interior and Agriculture authorized to acquire title to lands in private ownership-Act of April 16, 1914 (38 Stat. 345).
Secretary of the Interior authorized to acquire title to lands in private ownership-Act of May 13. 1914 (38 Stat. 376).
Leases for hotels-Act of July 23, 1914 (38 Stat. 554).
Acceptance of cession of Yosemite, Sequoia, and General Grant National Parks-Act of June 2, 1920 (41 Stat. 731).
ZION NATIONAL PARK.—Establishment of-Act of November 19, 1919 (41 Stat. 356).
Thé preemption laws, sections 2257 to 2288, inclusive, of the Revised Statutes, were repealed by section 4 of the Act of March 3, 1891 (26 Stat. 1096), except sections 2275, 2276, 2286, and 2288. However, they are here given because of their relation to existing laws.
Page. Revised Statutes.-Sections 2257–2274, R. S.-Lands subject to preemption-Qualifications--Limitation--Proofs_
320 Sections 2277-2285—Military bounty-Land warrants--Agricultural college scrip-Railroad grants-Sales
324 Section 2287-Where claimant becomes register or receiver.
325 Act of September 30, 1890-Extension of time for payment on homestead or preemption claim.-
326 Act of March 3, 1891-Repeal of preemption laws.
326 Act of July 26, 1894—Extension of time for payment on preemption entry
UNITED STATES REVISED STATUTES.
12 S. 413.
Lands not subject to preemption.
Sept. 4, 1841, 5 S. 455.
Sec. 2257. All lands belonging to the United States, to preemption. June 2, 1862, to which the Indian title has been or may hereafter be
extinguished, shall be subject to the right of preemption, under the conditions, restrictions, and stipulations provided by law.
Sec. 2258. The following classes of lands, unless otherwise specially provided for by law, shall not be subject to the rights of preemption, to wit:
First. Lands included in any reseryation by any treaty, law, or proclamation of the President, for any purpose.
Second. Lands included within the limits of any incorporated town, or selected as the site of a city or town.
Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture.
Fourth. Lands on which are situated any known
salines or mines. Persons entitled Sec. 2259. Every person, being the head of a family, to preemption.
or widow, or single person, over the age of twenty-one years, and a citizen of the United States, or having filed à declaration of intention to become such, as required by the naturalization laws, who has made, or hereafter makes, a settlement in person on the public lands subject to preemption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land office for the district in which such land lies, by legal subdi
visions, any number of acres not exceeding one hundred
of preemption right.
Sept. 4, 1841,
and sixty, or a quarter section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land.
Sec. 2260. The following classes of persons, unless til persons not enotherwise specially provided for by law, shall not ac- tion. quire any right of preemption under the provisions of Ibid. the preceding sections, to wit:
First. No person who is the proprietor of three hundred and twenty acres of land in any State or Territory.
Second. No person who quits or abandons his residence on his own lands to reside on the public landsin the same State or Territory.
SEC. 2261. No person shall be entitled to more than Limitation one preemptive right by virtue of the provisions of section twenty-two hundred and fifty-nine; nor where a ...496 Mar. party has filed his declaration of intention to claim the 620. benefits of such provisions, for one tract of land, shall he file, at any future time, a second declaration for another tract.
Sec. 2262. Before any person claiming the benefit of Oath of prethis chapter is allowed to enter lands, he shall make oath where filed; pen before the receiver or register of the land district. in a Sept. 4, 1841, which the land is situated that he has never had the 5 S. 456. benefit of any right of preemption under section twentytwo hundred and fifty-nine; that he is not the owner of three hundred and twenty acres of land in any State or Territory; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; and that he has not, directly or indirectly made any agreement or contract, in any way or manner, with any person whatever, by which the title which he might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except himself; and if any person taking such oath swears falsely in the premises, he shall forfeit the money which he may have paid for such land, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, for a valuable consideration, shall be null and void, except as provided in section twenty-two hundred and eighty-eight. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public land office of such district and to transmit a duplicate copy to the General Land Office, either of which shall be good and sufficient evidence that such oath was administered according to law.
Sec. 2263. Prior to any entries being made under and Proof of settle by virtue of the provisions of section twenty-two hun- of preemption dred and fifty-nine, proof of the settlement and im- rights. provement thereby required shall be made to the satisfaction of the register and receiver of the land district
1 See the Act of Feb. 23, 1923, under " Homestead Proofs."