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16 U.S.C. § 45cPrior claims, locations, and entries; permits for use of natural resources

submitted 100 years ago by ch. 744 to r/title-16-CONSERVATION · 229 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects land claims and rights that existed before July 3, 1926, inside the park. The Secretary of the Interior may issue permits for timber use, grazing, or leasing land for buildings. But only Congress can authorize dams, power lines, or other water-power works in the park.

This section protects people who already had rights to land inside the park before July 3, 1926. If someone had a valid claim, location, or land entry for a homestead, mining, a right-of-way, or any other purpose under U.S. land laws, this law does not take that away. They still get full use and enjoyment of their land. The Secretary of the Interior can also issue permits to certain people connected to that land. A genuine claimant, entryman, landowner, or lessee inside the park's boundaries can get a permit to cut timber to use on or improve their own land. The Secretary sets the rules for these permits. The Secretary can also allow livestock grazing inside the park, issuing grazing permits under rules the Secretary writes, and charging a fee. That fee cannot be higher than what the Forest Service charges on nearby land. But both timber cutting and grazing are only allowed if they do not harm the main reason the park was created. Finally, no one can get a permit, license, lease, or other approval to build dams, pipes, reservoirs, powerhouses, transmission lines, or other water-storage or water-power projects inside the park. That kind of project needs specific approval from Congress first — the Secretary cannot approve it alone.
the actual law source: uscode.house.gov ↗public domain

Nothing herein contained shall affect any valid existing claim, location, or entry established prior to July 3, 1926, under the land laws of the United States, 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: Provided, That under rules and regulations to be prescribed by him the Secretary of the Interior may issue permits to any bona fide claimant, entryman, landowner, or lessee of land within the boundaries herein established to secure timber for use on and for the improvement of his land; and he shall also have authority to issue, under rules and regulations to be prescribed by him, grazing permits and authorize the grazing of livestock on the lands within said park at fees not to exceed those charged by the Forest Service on adjacent areas, so long as such timber cutting and grazing are not detrimental to the primary purpose for which such park is created: Provided, That no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power within the limits of said park as constituted by said sections, shall be granted or made without specific authority of Congress.

Source credit: (July 3, 1926, ch. 744, § 3, 44 Stat. 820.)

history & why it existsrecord from the source credit
  • 1926Enacted · Act of July 3, 1926, ch. 744 · 44 Stat. 820

A history note hasn’t been published yet. The record shows enactment by ch. 744 on 1926-07-03.

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