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16 U.S.C. § 161Establishment; boundaries; trespassers; claims and rights under land laws not affected; reclamation projects; indemnity selections of lands

submitted 116 years ago by ch. 226 to r/title-16-CONSERVATION · 357 words · no verdicts yet

in plain englishAI-generated · not legal advice

A tract of land in Montana is set aside as Glacier National Park. Anyone who settles or occupies park land without permission is a trespasser and must leave. Valid land claims that existed before May 11, 1910, are still protected. The Reclamation Service can enter the park for reclamation projects. Railroads and other companies cannot use park land to claim substitute land elsewhere.

This section creates Glacier National Park and sets its basic rules. Boundary description. The section describes a specific tract of land in Montana using exact boundary lines (metes and bounds) — starting at the international boundary with Canada at the middle of the Flathead River, and following rivers, a railroad right-of-way, and reservation and international boundary lines back to the starting point. This land is withdrawn from settlement, occupancy, or disposal under the land laws of the United States, and is set apart as a public park or pleasure ground, for the benefit and enjoyment of the people of the United States, under the name "The Glacier National Park." Trespassers. Anyone who locates, settles upon, or occupies this land — except as this section allows — is considered a trespasser and must be removed. Protection for old claims. Nothing in this section affects any valid claim, location, or entry that existed under the land laws of the United States before May 11, 1910, or the rights of that claimant, locator, or entryman to fully use and enjoy their land. Reclamation projects. The United States Reclamation Service may enter upon and use any area within the park for flowage or other purposes, if needed to develop and maintain a government reclamation project. No indemnity selection. Before May 11, 1910, railroads and other corporations sometimes had the right, under a law or contract, to select substitute ("indemnity") land elsewhere if they lost land to government action. This section blocks that: no land within Glacier National Park belonging to or claimed by a railroad or other corporation with such a right can be used as the basis for an indemnity selection in any State or Territory, for any loss sustained because Glacier National Park was created.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (May 11, 1910, ch. 226, § 1, 36 Stat. 354; Jan. 26, 1931, ch. 47, § 5, 46 Stat. 1043.)

history & why it existsrecord from the source credit
  • 1910Enacted · Act of May 11, 1910, ch. 226 · 36 Stat. 354
  • 1931Amended · Act of Jan. 26, 1931, ch. 47 · 46 Stat. 1043

A history note hasn’t been published yet. The record shows enactment by ch. 226 on 1910-05-11.

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