§393 — Title 16 Conservation | U.S. Code

Summary

Valid land claims made before August 1, 1916 stay in force. That includes homesteads, mining claims, rights-of-way, and other claims. Those owners keep full use and enjoyment of their land. The February 15, 1901 law about rights-of-way in some national parks and forests still applies to park lands when it fits the park’s main purposes. The Secretary of the Interior may allow easements or rights-of-way for steam, electric, or similar transportation across the park under conditions he sets. Private or city-owned land inside the park that was owned before August 1, 1916 is not changed by these rules.

Title 16, §393

Conservation — Source: USLM XML via OLRC

Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States prior to August 1, 1916, 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,11 See References in Text note below. applicable to the location of rights of way in certain national parks and the national forests for irrigation and other purposes, shall be and remain applicable to the lands included within the park. The Secretary of the Interior may, in his discretion and upon such conditions as he may deem wise, grant easements or rights-of-way for steam, electric, or similar transportation upon or across the park. No lands located within the park boundaries held in private or municipal ownership prior to August 1, 1916, shall be affected by or subject to the provisions of this section and section 391 and 394 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Herein, referred to in text, means act Aug. 1, 1916, which is classified to section 391, 393 and 394 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 The Act, insofar as it related to National Park System units, was repealed and restated as section 100902(a) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. Codification Section is a combination of section 2 and 3 of act Aug. 1, 1916, all but the last sentence being derived from section 2.

Statutory Notes and Related Subsidiaries

Haleakala̅ National ParkEstablishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala̅ National Park, effective July 1, 1961, see section 396b of this title.

§393 Entries Under Land Laws; Rights-of-way; Lands Excluded