16 U.S.C. § 393 — Entries under land laws; rights-of-way; lands excluded
submitted 110 years ago by ch. 264 to r/title-16-CONSERVATION · 181 words · no verdicts yet
This law protects valid land claims made before August 1, 1916, inside the park. It also lets the Secretary grant rights-of-way for transportation across the park. Privately or municipally owned land from before that date is not covered by certain park rules.
This section does not affect any valid land claim, "location," or "entry" that existed under U.S. land laws before August 1, 1916 — whether for a homestead, mining, a right-of-way, or any other purpose. It also does not affect the rights of the person who made that claim to fully use and enjoy their land.
Wherever it fits with the park's main purposes, an 1901 law about locating rights-of-way in certain national parks and national forests for irrigation and similar purposes continues to apply to land inside this park.
The Secretary of the Interior may, using their own judgment and setting whatever conditions they think are wise, grant easements or rights-of-way across the park for steam, electric, or similar transportation.
Land inside the park's boundaries that was privately or municipally owned before August 1, 1916, is not affected by or subject to this section or to sections 391 and 394 of this title.
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,1 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 sections 391 and 394 of this title.
Source credit: (Aug. 1, 1916, ch. 264, §§ 2, 3, 39 Stat. 433, 434.)
- 1916Enacted · Act of Aug. 1, 1916, ch. 264 · 39 Stat. 433, 434
A history note hasn’t been published yet. The record shows enactment by ch. 264 on 1916-08-01.
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