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the United States Hot Springs Reservation and Whittington Avenue twenty-five feet easterly from Government monument numbered 142; run thence westerly along said dividing line one hundred and seventy-two and five-tenths feet to a point fifteen and eight-tenths feet westerly from Government monument numbered 143; run thence easterly across the United States Hot Springs Reservation on a twelve-degree thirty-minute curve to the left (R-458.37) a distance of one hundred and sixty-three and six-tenths feet, more or less, to the place of beginning; tract F, beginning at a point on the dividing line between the United States Hot Springs Reservation and the north branch of Whittington Avenue six and six-tenths feet westerly from Government monument numbered 124; run thence easterly along said line fifty feet; run thence southerly across the United States Hot Springs Reservation to a point on the north line of the south branch of Whittington Avenue fiftynine and six-tenths feet westerly from Government monument numbered 133; run thence westerly along said line fifty and two-tenths feet; run thence northerly across the United States Hot Springs Reservation in a straight line to the place of beginning.

57

authorized for

SEC. 3. There is hereby authorized to be appropriated for Appropriation the acquisition of lands described in section 1 hereof such sums as the Congress may from time to time determine.

land acquisition.

An Act To amend the Act of June 15, 1936 (49 Stat. 1516), authorizing the extension of the boundaries of the Hot Springs National Park, in the State of Arkansas, and for other purposes, approved August 10, 1939 (53 Stat. 1341) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso in the Act of June 15, 1936 (49 Stat. 1516), reading as follows: ": Provided, That the lands hereinabove described may be acquired within funds already appropriated and at a cost not to exceed $15,000”, is hereby repealed, and the said Act of June 15, 1936, is hereby fur- Proviso repealed. ther amended by the addition thereto of the following new sections:

"SEC. 2. That there is hereby authorized to be appropriated a sum not to exceed $8,000 to supplement funds in the amount of $15,000 heretofore made available for the purchase of the lands described in section 1 hereof.

"SEC. 3. The Secretary of the Interior is hereby authorized, in his discretion, to accept on behalf of the United States donations of lands or interests in land within the city limits of Hot Springs, Arkansas, the title to such lands or interests in land to be satisfactory to said Secretary. Upon the acquisition of such lands or interests in land, they shall become a part of the Hot Springs National Park and shall be subject to all laws and regulations applicable thereto." (16 U.S.C. sec. 361c, 361c-1 note, 361e.)

Hot Springs

National Park,

Ark.

Supplementary for purchase authorized.

appropriation

of lands

Acceptance of

donations of

lands, etc.

Acquisition to

become part

of park.

Jurisdiction, State cession over park land..........

Page

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58

59

Addition to park of lands acquired with funds made available by Executive order...... ....Act of June 20, 1938 58 ..State Act of February 27, 1939 Jurisdiction, State cession of 1939 accepted............Act of March 6, 1942 Addition to park of Passage Island and Siskiwit Island Bird Reservation, boundaries extended to include submerged lands......... ....Act of March 6, 1942 Amendment to Act of March 6, 1942, relating to addition of lands to the park............... ...........Act of July 27, 1942

Isle Royale
National Park.
Mich.

Certain acquired
lands made a

part of.

62

883

63

An Act To make available for national-park purposes certain lands within the boundaries of the proposed Isle Royale National Park, and for other purposes, approved June 20, 1938 (52 Stat. 785)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands purchased from funds heretofore allocated and made available by Executive order, or otherwise, for the acquisition of lands for conservation or forestation purposes within the maximum boundaries of the Isle Royale National Park, as authorized by the Act of March 3, 1931 (46 Stat. 1514), be, and the same are hereby, made a part Use of allocated of the said park as fully as if originally acquired for that purpose and the proviso at the end of section 1 of the said Act of March 3, 1931, shall not be construed so as to prohibit the acquisition of lands in the park area with the aforesaid funds. (16 U.S.C. sec. 408d.)

16 U.S.C.

sec. 408.

funds in acquisition of lands.

Act of Legislature of Michigan, approved February 27, 1939, ceding jurisdiction over the Isle Royale National Park to the United States (Act 8, Michigan Public Acts, 1939)

The People of the State of Michigan enact:

SECTION 1. Exclusive jurisdiction shall be and the same is hereby ceded to the United States over and within all the territory which is now or may hereafter be included in that area in the state of Michigan set aside and dedicated for park purposes by the United States as Isle Royale National Park; saving, however, to the state of Michigan the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred or crimes committed in said state outside of said park; and saving further to the said state the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing in said park now or hereafter the right to vote at all elections held within the county or counties in which said park is situate: Provided, however, that jurisdiction shall not vest until the United States through the proper officer notifies the state of Michigan that they assume police jurisdiction over said park.

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SECTION 2. All acts and parts of acts only insofar as inconsistent with the provisions of this act are hereby repealed. This act is ordered to take immediate effect.

An Act To accept the cession by the State of Michigan of ex-
clusive jurisdiction over the lands embraced within the Isle
Royale National Park, and for other purposes, approved
March 6, 1942 (56 Stat. 133)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act of the Legislature of the State of Michigan, approved February 27, 1939, ceding to the United States exclusive jurisdiction over and within all the territory that is now or may hereafter be included in that area in the State of Michigan set aside and dedicated for park purposes by the United States as the Isle Royale National Park are hereby accepted and sole and exclusive jurisdiction is hereby assumed by the United States over such lands, saving, however, to the State of Michigan the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said. State outside of said park; and saving further to said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing in said park now, or hereafter, the right to vote at all elections held within the county in which they reside. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Michigan. (16 U.Š.C. sec. 408i.)

SEC. 2. That said park shall constitute a part of the United States judicial district for the western district of Michigan, and the district court of the United States in and for said district shall have jurisdiction over all offenses committed within the boundaries of the said park. (16 U.S.C. sec. 408j.)

Isle Royale
Mich.

National Park,

59

Cession of juris

diction to U. S.

Assignment to

Michigan western judicial district.

Hunting, fishing, etc.,

SEC. 3. That all hunting or the killing, wounding, or cap- etc., prohibitions. turing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park, nor shall any fish be taken out of any of the waters of the said park, except at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such general rules Rules and and regulations as he may deem necessary and proper for the management and care of the park and for the protection. of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the said park; and he shall make rules and

regulations.

Penalties.

Forfeiture of property used for unlawful purposes.

Proviso.

Park

commissioner.

regulations governing the taking of fish from the waters in the said park. Possession within said park of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the said park, or for the protection of the property therein for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in said park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, sign, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all the costs of the proceedings. (16 U.S.C. sec. 408k.).

SEC. 4. That all guns, traps, nets, seines, fishing tackle, teams, horses, or means of transportation of every nature or description used by any person or persons within the limits of said park when engaged in killing, trapping, ensnaring, taking, or capturing such wild birds, fish, or animals contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, shall be forfeited to the United States and may be seized by the officers in said park and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, fishing tackle, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior: Provided, That the forfeiture of teams, horses, or other means of transportation shall be in the discretion of the court. (16 U.S.C. sec. 4081.)

SEC. 5. That upon the recommendation and approval of the Secretary of the Interior of a qualified candidate the United States District Court for the Western District of Appointment and Michigan shall appoint a commissioner, 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

jurisdiction.

II. NATIONAL PARKS ISLE ROYALE

61

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. Such commissioner shall have power, upon Judicial powers. sworn information, to issue process in the name of the United States for the arrest of any person charged with a violation of the rules and regulations, or with a violation of any of the provisions of this Act prescribed for the government of said park and for the protection of the animals, birds, and fish in said park, and to try the person so charged, and, if found guilty, to impose punishment and to adjudge the forfeiture prescribed. In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States District Court for the Western District of Michigan; and the United States district court in the aforementioned district shall prescribe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to the said United States district court. (16 U.S.C. sec. 408m.)

Appeals.

Procedure in

SEC. 6. That the park commissioner provided for in this other cases. Act shall also have power to issue process as hereinbefore provided for the arrest of any person charged with the commission within said park of any criminal offense not covered by the provisions of section 3 of this Act, to hear the evidence introduced, and, if he is of the opinion that probable cause is shown for holding the person so charged for trial, shall commit such person for further appropriate action, and certify a transcript of the record of his proceedings and the testimony in such case to the district court, which court shall have jurisdiction of the case: Provided, That the Proviso. said commissioner may grant bail in all cases according to the laws of the United States. (16 U.S.C. sec. 408n.)

commissioner.

SEC. 7. That the park commissioner provided for in this Pay of Act shall be paid an annual salary, as appropriated for by Congress. (16 U.S.C. sec. 4080.)

SEC. 8. That all fees, costs, and expenses arising in cases under this Act and properly chargeable to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States. (16 U.S.C. sec. 408p.)

SEC. 9. That all fees, fines, and costs and expenses imposed and collected shall be deposited by the commissioner, or by the marshal of the United States collecting the same, with the clerk of the United States District Court for the Western District of Michigan. (16 U.S.C. sec. 408q.)

SEC. 10. That the Secretary of the Interior shall notify in writing the Governor of the State of Michigan of the passage and approval of this Act, and of the fact that the United States assumes police jurisdiction over said park as specified in said act of the State of Michigan. (16 ̊U.S.C. sec. 408i note.)

Fees, costs,

and expenses.

Deposit of collections.

Notice of jurisdiction.

acceptance of

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