16 U.S.C. § 152: Additional land withdrawn…

Summary

Keep from being sold or given away an irregular piece of land of 78.68 acres inside the planned town site of Sulphur (parts of sections 2 and 3 in Township 1 South, Range 3 East). That piece was excluded by the Secretary’s October 20, 1903 order. Also withdraw an adjacent tract so that about 138 acres total are reserved, as shown on Gerard H. Matthes’s December 27, 1903 report and map (yellow line). The United States will pay $60 per acre for the land, using the same process as land bought under section 151, and the land becomes part of the Sulphur village reservation and follows the same rules for care, control, use, and occupancy as if it had been set aside earlier. If no other manager is provided, the Secretary may appoint a department officer to manage the land and the springs and creeks and enforce rules. The Secretary may sell buildings there. Money from sales or from fees, leases, or permits must go into the U.S. Treasury as miscellaneous receipts. Anyone who willfully breaks the Secretary’s rules about using the waters or occupying the land is guilty of a misdemeanor and, on conviction, may be fined $5 to $100 and jailed up to six months for each offense.

Title 16, §152

Conservation, Source: USLM XML via OLRC

The Secretary of the Interior is authorized and directed to withhold from sale or other disposition the irregular tract of land containing seventy-eight and sixty-eight one-hundredths acres, more or less, lying in the northwest quarter of section 2 and the northeast quarter of section 3, township 1 south, range 3 east, and being within the exterior boundaries of the proposed town site of Sulphur, in the Chickasaw Nation, Indian Territory, and excluded from said town site by order of the Secretary of the Interior, of October 20, 1903, and also to withdraw and withhold from disposition the tract of land within the exterior boundaries of said proposed town site, lying south of and adjacent to the tract above mentioned, containing in the aggregate one hundred and thirty-eight acres, more or less, and mentioned in the report of Gerard H. Matthes, of December 27, 1903, to F. H. Newell, chief engineer United States Geological Survey, and shown upon the map accompanying said report by a yellow line. The land reserved shall be paid for by the United States at the rate of $60 per acre and in the same manner as the land acquired in accordance with the provisions of section 151 of this title and shall be a part of the reservation established at the village of Sulphur, subject to all the provisions of said section 151, respecting the care, control, direction, use, and occupancy thereof as if they had been included in the original segregation. The Secretary of the Interior is authorized, in the absence of other provisions for the care and management thereof, to designate an officer or employee of his department to take charge of the land, acquired under this section and section 151 of this title, and to enforce rules and regulations for the control and use thereof, and of the waters of the springs and creeks within the reservation. The Secretary of the Interior is authorized, in his discretion, to sell or dispose of any buildings upon the land reserved, and all money received from such sales, or that may be realized for the use of said waters or for the use and occupancy of the land or the buildings thereon, through leases, permits, or otherwise, shall be covered into the Treasury of the United States to the credit of miscellaneous receipts. If any person, firm, or corporation shall willfully violate any of the rules and regulations prescribed by the Secretary of the Interior relative to the use of the waters of said springs and creeks and the use and occupation of the lands in said reservation, such person, firm, corporation, or members or agents thereof, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $5 and not more than $100, and may be imprisoned for a term of not more than six months for each offense.

Notes & Related Subsidiaries

Editorial Notes

Codification A clause of the original text making an appropriation to carry out this provision and a provision for appraisement of and payment for all improvements upon the land have been omitted as executed. Provisions requiring the Secretary to cover all money received into the Treasury to the credit of miscellaneous receipts were substituted for provisions which permitted the expenditure of such money under the direction of the Secretary for the care and management of the lands and the preservation of the improvements thereon in view of act June 12, 1917, which required the Secretary to cover the receipts of all revenues of the national parks into the Treasury to the credit of miscellaneous receipts.

Statutory Notes and Related Subsidiaries

Change of Name

Platt National Park designation repealed and areas formerly known as Platt National Park made an integral part of Chickasaw National Recreation Area by Pub. L. 94–235, § 5. See section 460hh–4 of this title.

Repeals

Pub. L. 94–235, § 5, repealed act June 29, 1906, No. 42, 34 Stat. 837, cited as a credit to this section, under which the name of the reservation at the village of Sulphur established by section 151 of this title, known as Sulphur Springs Reservation, had been renamed Platt National Park in honor of Orville Hitchcock Platt, former senator from Connecticut “and for many years a member of the Committee on Indian Affairs, in recognition of his distinguished services to the Indians and the country.”

§152 Additional Land Withdrawn; Payment; Management and Control; Regulations; Sale of Improvements; Penalties; Town Lots