16 U.S.C. § 47–1: Administrative site for…

Summary

Allows the Secretary of the Interior to set up an administrative site in the El Portal area next to Yosemite National Park so utilities, facilities, and services for running the park can be placed outside the park itself. The Secretary may get about twelve hundred acres shown on map NP–YOS–7011 by buying it, accepting donations, or using donated money. The Secretary can buy whole private parcels if needed to avoid splitting property. The Secretaries of Agriculture and the Interior may swap control of land in El Portal. Land moved to the Interior will no longer be national forest and will be managed as part of the administrative site. Existing private claims or entries are not affected. Until Congress says otherwise, the acquired land will not become part of Yosemite and will be run by the Interior, which can make rules, grant nonexclusive permits, leases, and contracts under limits like those in the 1916 park law. Park Service funds available for operations or land purchase may be used for this site.

Title 16, §47–1

Conservation, Source: USLM XML via OLRC

(a)Establishment of site

To enable the Secretary of the Interior to preserve the extraordinary natural qualities of Yosemite National Park, notwithstanding its increasing use by the public, the Secretary is hereby authorized to provide in the manner hereinafter set forth an administrative site in the El Portal area adjacent to Yosemite National Park, in order that utilities, facilities, and services required in the operation and administration of Yosemite National Park may be located on such site outside the park.

(b)Acquisition of land (c) Transfers of jurisdiction

For said site the Secretary of the Interior is authorized to acquire by purchase or donation, or with donated funds, approximately twelve hundred acres, as shown on map numbered NP–YOS–7011, of non-Federal land, interests in land, and appurtenances thereto, and, to avoid severing parcels in private ownership which extend beyond the area so depicted, the Secretary of the Interior may acquire in their entirety such parcels of land or interests therein.

(d)Pre-existing claim, location, or entry

Nothing herein contained shall affect any valid claim, location, or entry existing under the land laws of the United States, or the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land.

(e)Status of acquired land (f) Availability of funds

Until further action by the Congress, the lands acquired by or transferred to the Secretary of the Interior hereunder shall not become a part of Yosemite National Park, nor be subject to the laws and regulations governing said park, but the Secretary of the Interior shall have supervision, management, and control of the area and shall make and publish such rules and regulations as he may deem necessary and proper for its use and management: Provided, That he may grant nonexclusive privileges, leases, and permits for the use of land in the area and enter into contracts relating to the same, subject to the limitations and conditions applying to the similar authority provided in section 3 of the Act of August 25, 1916 (39 Stat. 535), as amended (45 Stat. 235, 16 U.S.C., 1952 edition, sec. 3).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Week’s law, referred to in subsec. (c), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, which is classified to section 480, 500, 513 to 519, 521, 552 and 563 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 552 of this title and Tables. section 3 of the Act of August 25, 1916 (39 Stat. 535), as amended (45 Stat. 235, 16 U.S.C., 1952 edition, sec. 3), referred to in subsec. (e), is section 3 of act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 3 of this title. section 3 of the Act was repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. Codification Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of Pub. L. 85–922.

Statutory Notes and Related Subsidiaries

Land Exchange, El Portal Administrative Site, California Pub. L. 105–363, § 4, Nov. 6, 1998, 112 Stat. 3298, authorized transfer from the United States of land within the El Portal Administrative Site to party conveying to United States an adjacent property known as the Yosemite View parcel, and provided for equalization of values of Federal and non-Federal lands, applicability of other laws to the exchange, boundary adjustment, map, and additional terms and conditions.

§47–1 Administrative Site for Yosemite National Park