16 U.S.C. § 161: Establishment; boundaries…

Summary

A specific piece of land in Montana, described by its rivers, a railroad right-of-way, the west edge of the Blackfeet Indian Reservation, and the international boundary with the Dominion of Canada, is taken out of regular public land use and set aside as a public park called Glacier National Park for the benefit and enjoyment of the people of the United States. People who settle or occupy the park without permission must be removed, except anyone who had a valid claim, location, or entry under U.S. land laws before May 11, 1910 — those people keep full use of their land. The United States Reclamation Service may enter park land if needed for Government reclamation projects. Any park lands owned or claimed by a railroad or corporation that had a right of indemnity selection before May 11, 1910 cannot be used to make indemnity selections elsewhere.

Title 16, §161

Conservation, Source: USLM XML via OLRC

The tract of land in the State of Montana particularly described by metes and bounds as follows, to wit: Commencing at a point on the international boundary between the United States and the Dominion of Canada at the middle of the Flathead River; thence following southerly along and with the middle of the Flathead River to its confluence with the Middle Fork of the Flathead River; thence following the north bank of said Middle Fork of the Flathead River to where it is crossed by the north boundary of the right-of-way of the Great Northern Railroad; thence following the said right-of-way to where it intersects the west boundary of the Blackfeet Indian Reservation; thence northerly along said west boundary to its intersection with the international boundary; thence along said international boundary to the place of beginning, is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States under the name of “The Glacier National Park.” All persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers and removed therefrom. Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States before May 11, 1910, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. The United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project. No lands within the limits of Glacier National Park belonging to or claimed by any railroad or other corporation having or claiming before May 11, 1910, the right of indemnity selection by virtue of any law or contract whatsoever shall be used as a basis for indemnity selection in any State or Territory whatsoever for any loss sustained by reason of the creation of Glacier National Park.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands. Herein, referred to in text, means act

May 11, 1910, ch. 226, 36 Stat. 354, which is classified to this section and section 162 of this title. Codification In sentence beginning “Nothing herein contained”, the words “before

May 11, 1910” were inserted to give effect to the preceding word “existing”, and in the last sentence the words “having or claiming before

May 11, 1910” are a translation of the words “now having or claiming” of the original text.

Amendments

1931—Act Jan. 26, 1931, struck out provision that right of way through the valleys of the North and Middle Forks of the Flathead River might be acquired within Glacier National Park for steam or electric railways.

Statutory Notes and Related Subsidiaries

Permits for Existing Natural Gas Pipelines Pub. L. 112–268, § 1, Jan. 14, 2013, 126 Stat. 2441, provided that: “(a) In General.—The Secretary of the Interior may issue right-of-way permits for each natural gas pipeline (including all appurtenances used in the operation of the natural gas pipeline) that, as of March 1, 2012, is located within the boundary of Glacier National Park. “(b) Terms and Conditions.—A permit issued under subsection (a) shall be—“(1) issued as a right-of-way renewal, consistent with laws (including

Regulations

) generally applicable to utility rights-of-way within units of the National Park System; “(2) for a width of not more than 25 feet on either side of the centerline of the natural gas pipeline; and “(3) subject to any terms and conditions that the Secretary of the Interior determines to be necessary.”

Executive Documents

Change of Name

The Reclamation Service, established in July 1902, changed to the Bureau of Reclamation on

June 20, 1923, then to the Water and Power Resources Service on Nov. 6, 1979, and then back to the Bureau of Reclamation on

May 18, 1981. See 155 Dep’t of the Interior, Departmental Manual 1.1 (2008 repl.); Sec’y Hubert Work, Dep’t of the Interior, Order (

June 20, 1923); Sec’y Cecil D. Andrus, Dep’t of the Interior, Secretarial Order 3042, §§ 1, 4 (Nov. 6, 1979); Sec’y James G. Watt, Dep’t of the Interior, Secretarial Order 3064, §§ 3, 5 (

May 18, 1981).

§161 Establishment; Boundaries; Trespassers; Claims and Rights Under Land Laws Not Affected; Reclamation Projects; Indemnity Selections of Lands