§ 47-1. — Administrative site for Yosemite National Park.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC47-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI--SEQUOIA AND YOSEMITE NATIONAL PARKS
Sec. 47-1. Administrative site for Yosemite National Park
(a) Establishment of site
To enable the Secretary of the Interior to preserve the
extraordinary natural qualities of Yosemite National Park,
notwithstanding its increasing use by the public, the Secretary is
hereby authorized to provide in the manner hereinafter set forth an
administrative site in the El Portal area adjacent to Yosemite National
Park, in order that utilities, facilities, and services required in the
operation and administration of Yosemite National Park may be located on
such site outside the park.
(b) Acquisition of land
For said site the Secretary of the Interior is authorized to acquire
by purchase or donation, or with donated funds, approximately twelve
hundred acres, as shown on map numbered NP-YOS-7011, of non-Federal
land, interests in land, and appurtenances thereto, and, to avoid
severing parcels in private ownership which extend beyond the area so
depicted, the Secretary of the Interior may acquire in their entirety
such parcels of land or interests therein.
(c) Transfers of jurisdiction
The Secretaries of Agriculture and Interior are authorized to
arrange and effect mutually satisfactory transfers of jurisdiction over
land administered by each in the El Portal area. Land so transferred to
the Secretary of the Interior shall thereupon be excluded from the
national forest or forests involved and thereafter be administered by
the Secretary of the Interior pursuant to this section as a part of said
administrative site. Land transferred to the Secretary of Agriculture
pursuant to this section shall thereupon become national forest land
subject to all laws, rules, and regulations applicable to land acquired
pursuant to the Week's law.
(d) Pre-existing claim, location, or entry
Nothing herein contained shall affect any valid claim, location, or
entry existing under the land laws of the United States, or the rights
of any such claimant, locator, or entryman to the full use and enjoyment
of his land.
(e) Status of acquired land
Until further action by the Congress, the lands acquired by or
transferred to the Secretary of the Interior hereunder shall not become
a part of Yosemite National Park, nor be subject to the laws and
regulations governing said park, but the Secretary of the Interior shall
have supervision, management, and control of the area and shall make and
publish such rules and regulations as he may deem necessary and proper
for its use and management: Provided, That he may grant nonexclusive
privileges, leases, and permits for the use of land in the area and
enter into contracts relating to the same, subject to the limitations
and conditions applying to the similar authority provided in section 3
of this title.
(f) Availability of funds
Funds now or hereafter appropriated or otherwise available for
operating and capital programs in the areas administered by the National
Park Service, including funds for acquisition of land and interests in
land, are made available to acquire land, interests in land, and
appurtenances thereto, within the administrative site, and to further
the purpose of this section.
(Pub. L. 85-922, Secs. 1-6, Sept. 2, 1958, 72 Stat. 1772.)
References in Text
Week's law, referred to in subsec. (c), is act Mar. 1, 1911, ch.
186, 36 Stat. 961, which is classified to sections 480, 500, 513 to 519,
521, 552 and 563 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 552 of this
title and Tables.
Codification
Subsecs. (a) to (f) are based on sections 1 to 6, respectively, of
Pub. L. 85-922.
Land Exchange, El Portal Administrative Site, California
Pub. L. 105-363, Sec. 4, Nov. 6, 1998, 112 Stat. 3298, authorized
transfer from the United States of land within the El Portal
Administrative Site to party conveying to United States an adjacent
property known as the Yosemite View parcel, and provided for
equalization of values of Federal and non-Federal lands, applicability
of other laws to the exchange, boundary adjustment, map, and additional
terms and conditions.
Section Referred to in Other Sections
This section is referred to in section 47-2 of this title.