Acquisition of land within park in exchange for use of park land for Page 32 An Act To authorize the exchange of the use of certain Government land within the Carlsbad Caverns National Park for certain privately owned land therein, approved May 4, 1934 (48 Stat. 664) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, Caverns National authorized to acquire for and on behalf of the United States Carlsbad Park, N. Mex. Exchange of certain land within, authorized. Privilege to use tunnel to remove guano. Provisos. Removing other deposits. Title without Federal cost. for park purposes title to the northeast quarter northwest quarter section 31, township 24 south, range 25 east, New Mexico principal meridian, within the Carlsbad Caverns National Park, and to grant to the owner thereof in exchange therefor, under such regulations as may be deemed by said Secretary necessary and in the interest of the United States, the privilege to use a shaft or tunnel located in the northwest quarter northeast quarter section 31, township 24 south, range 25 east, of the same meridian, for the purpose of mining and removing guano from the said northeast quarter northwest quarter section 31, the right to said guano to be reserved to the owner in the transfer of title to said land to the United States pursuant to this Act: Provided, That in addition to said privilege the Secretary of the Interior may also authorize the removal, under such terms and conditions as he deems fair, of any guano located within or on Government lands adjacent to said deposit: Provided further, That evidence of title to the land to be conveyed to the United States hereunder, satisfactory to the Secretary of the Interior, shall be furnished without cost to the Government. 1 See proclamations No. 2031 of February 21, 1933 (47 Stat. 2556), and No. 2321 of February 3, 1939 (3 CFR, CUM. SUPP., 76; 53 Stat. 2523), adding certain lands to the park pursuant to the Act of May 14, 1930 (46 Stat. 279). 5. Crater Lake National Park Page Commissioner, place of residence and payment of accrued salary.. ...........Act of June 25, 1935 33 An Act To amend an Act entitled "An Act to accept the cession by the State of Oregon of exclusive jurisdiction_over the lands embraced within the Crater Lake National Park, and for other purposes," approved June 25, 1935 (49 Stat. 422) Crater Lake National Park, Oregon. authority, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6, paragraph 1, of an Act entitled "An Act to accept the cession by the State of Oregon of exclusive jurisdiction over the lands embraced within the Crater Lake National Park, and for other purposes", approved August 21, 1916 (39 Stat. L. 523), be amended so as to read: "SEC. 6. That the United States District Court for Ore- Commissioner. Appointment, gon shall appoint a commissioner, who shall reside within residence, the exterior boundaries of the Crater Lake National Park or at a place reasonably adjacent to the park, the place of residence to be designated by the Secretary of the Interior, and who shall have jurisdiction to hear and act upon all complaints made of any violations of law or of the rules and regulations made by the Secretary of the Interior for the government of the park and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes authorized by this Act."1 (16 U.S.C. sec. 129.) SEC. 2. That section 9 of the said Act be amended by striking out the words, "Provided, That the said commissioner shall reside within the exterior boundaries of said Crater Lake National Park, at a place to be designated by the court making such appointment." (16 U.S.C. sec. 132.) SEC. 3. Any commissioner heretofore appointed under authority of the said Act shall be entitled to receive the salary provided by law, which may have accrued at. the date this Act becomes effective, without regard to whether such commissioner or commissioners may have resided within the exterior boundaries of the Crater Lake National Park. (16 U.S.C. sec. 132a.) Payment of accrued salary. 1 See also general Act of June 28, 1938 (52 Stat. 1213, 16 U.S.C. sec. 1a), page 2 relating to residence of national park commissioners. Establishment of park authorized......... Everglades Establishment, lands is vested Page 34 35 36 An Act To provide for the establishment of the Everglades National Park in the State of Florida and for other purposes, approved May 30, 1934 (48 Stat. 816) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in in United States. the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat., pt. 1, p. 1443), shall have been vested in the United States, said lands shall be, and are hereby, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Everglades National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation. (16 U.S.C. sec. 410.) Proviso. Lands secured only by donation. Acceptance of title. Proviso. Restriction, National Park Provisos. SEC. 2. The Secretary of the Interior is hereby authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States, title to the lands referred to in the previous section hereof as may be deemed by him necessary or desirable for national-park purposes: Provided, That no land for said. park shall be accepted until exclusive jurisdiction over the entire park area, in form satisfactory to the Secretary of the Interior, shall have been ceded by the State of Florida to the United States. (16 U.S.C. sec. 410a.) SEC. 3. The administration, protection, and development administer, etc. of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled "An Act to establish a National Park Service, and for other purposes", as amended: Provided, That the provisions of the Act approved June 10, 1920, known as the Federal Water Power Act, shall not apply to this park: Provided further, That nothing in this Act shall be construed to lessen any existing rights of the Seminole Indians which are not in conflict with the purposes for which the Everglades National Park is created: And provided further, That the United States shall not expend any public moneys for the administration, protection, or develop Water Power Act not applicable. 41 Stat. 1063. Rights of Indians. No Federal expense for first 5 years. ment of the aforesaid park within a period of five years. from the date of approval of this Act. (16 U.S.C. sec. 410b.) Permanently reserved as a SEC. 4. The said area or areas shall be permanently reserved as a wilderness, and no development of the project wilderness. or plan for the entertainment of visitors shall be undertaken which will interfere with the preservation intact of the unique flora and fauna and the essential primitive natural conditions now prevailing in this area. (16 U.S.C. sec. 410c.) Excerpt from An Act of the Legislature of Florida, approved June 7, 1935, ceding to the United States exclusive jurisdiction over lands to be deeded or conveyed to the United States for the Everglades National Park. (Ch. 16996, Acts of 1935, sec. 4; Florida Statutes, 1941, sec. 264.08) That the United States of America is authorized to acquire by conveyance, and said Commission is authorized to convey to the United States, pursuant to this Act all lands hereinabove mentioned and for the purposes set out in the Act of Congress approved May 30, 1934, (Public No. 267, 73rd Congress) and exclusive jurisdiction shall be, and the same is hereby ceded to the United States of America over and within all the territory in the State of Florida thus deeded or conveyed; saving, however, to the State of Florida, the right to serve criminal or civil process within the limit of the land or lands thus acquired in suits or prosecutions for or on account of rights acquired, obligations incurred, or crime committed, in said State outside of said land or lands, and on account of rights acquired, obligations incurred, or crimes committed on or within said lands, prior to the date of the giving or service of notice, as hereinafter provided, of the assumption of police jurisdiction over such land or lands by the United States; and, saving further, to the said State the right to tax sales of gasoline and other motor vehicle fuels and oil for use in motor vehicles, and to tax persons and corporations, their franchises and properties, on land or lands deeded or conveyed as aforesaid, and saving, also, to persons residing in or on any of the land or lands deeded or conveyed as aforesaid the right to vote at all elections within the county in which said land or lands are located upon like terms and conditions and to the same extent as they would be entitled to vote in such county had not such lands been deeded or conveyed, as aforesaid, to the United States of America: Provided, nevertheless, that such jurisdiction shall not vest in the United States of America unless and until it, through the proper officer or officers, notifies the Governor and through him the State of Florida, that the United States of America assumes police jurisdiction over the land or lands thus deeded. 35 Everglades 48 Stat. 816. sec. 410b. Provision prohibiting expenditure of public moneys eliminated. An Act To amend an Act entitled "An Act to provide for the establishment of the Everglades National Park in the State of Florida, and for other purposes," approved May 30, 1934, approved August 21, 1937 (50 Stat. 742) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act entitled "An Act to provide for the establishment of the Everglades National Park in the State of Florida, and for other purposes", approved May 30, 1934, be, and the same is hereby, amended by striking therefrom the following words: "And provided further, That the United States shall not expend any public moneys for the administration, protection, or development of the aforesaid park within a period of five years from the date of approval of this Act." (16 U.S.C. sec. 410b.) |