United States Code

AMENDMENTS

1952-Subsec. (b) amended by act July 10, 1952, which added second sentence.

§ 407n. Cooperative agreements between Secretary of Interior and City of Philadelphia; contents.

In furtherance of the general purposes of sections 407m-407s of this title as prescribed in section 407m of this title, the Secretary of the Interior is authorized to enter into cooperative agreements with the city of Philadelphia to assist in the preservation and interpretation of the property known as the Independence Hall National Historic Site and with the Carpenters' Company of Philadelphia to assist in the preservation and interpretation of Carpenters' Hall, in connection with the Independence National Historical Park. Such agreements shall contain, but shall not be limited to, provisions that the Secretary of the Interior, through the National Park Service, shall have right of access at all reasonable times to all public portions of the property now within Independence Hall National Historic Site and to Carpenters' Hall for the purpose of conducting visitors through such buildings and grounds and interpreting them to the public, that no changes or alterations shall be made in the property within the Independence Hall National Historic Site, including its buildings and grounds, or in Carpenters' Hall, except by mutual agreement between the Secretary of the Interior and the other parties to the contracts.

(June 28, 1948, ch. 687, § 2, 62 Stat. 1061.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 4070. Construction of buildings; acceptance of donations.

The Secretary of the Interior, in his discretion, is authorized to construct upon a portion of the land described in section 407m of this title, or upon other land that may be donated for such purpose, which property he is authorized to accept, such offices and administration buildings as he may deem advisable, together with a suitable auditorium for the interpretation of the historical features of the national historical park. The Secretary of the Interior is also authorized to accept donations of property of national historical significance located in the city of Philadelphia which the Secretary may deem proper for administration as part of the Independence National Historical Park. Any property donated for the purposes of this section shall become a part of the park, following its establishment, upon acceptance by the United States of title to such donated property. The Secretary of the Interior is authorized to permit the American Philosophical Society, a nonprofit corporation, without cost to the United States, to construct, operate, and maintain in the park a building to be located on approximately the

original site of historic Library Hall to house the library of the American Philosophical Society and any additions to said library, such permission to be granted the society pursuant to a lease, contract, or authorization without charge, on such terms and conditions as may be approved by the Secretary and accepted by the society, and for such length of time as the society shall continue to use the said building for the housing, display, and use of a library and scientific and historical collections: Provided, That the plans for the construction of the building and any additions thereto shall be approved by the Secretary of the Interior. (June 28, 1948, ch. 687, § 3, 62 Stat. 1062; July 10, 1952, ch. 653, § 2, 66 Stat. 575.)

AMENDMENTS

1952-Act July 10, 1952, amended section by adding last sentence.

§ 407p. Establishment of advisory commission; composition, appointment, and duties.

The Secretary of the Interior is authorized, in his discretion, to establish a suitable advisory commission of not to exceed eleven members. The members of the advisory commission shall be appointed by the Secretary of the Interior, with three members to be recommended by the Governor of Pennsylvania, three by the mayor of Philadelphia, and one each by the Carpenters' Company of Philadelphia and the Independence Hall Association.

The functions of the advisory commission shall be to render advice to the Secretary of the Interior, from time to time, upon matters which the Secretary of the Interior may refer to them for consideration. (June 28, 1948, ch. 687, § 4, 62 Stat. 1062.)

§ 407q. Administration, protection, and development of park.

The administration, protection, and development of the park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of sections 1, 2-4, and 461-467 of this title. (June 28, 1948, ch. 687, § 5, 62 Stat. 1062.)

TRANSFER OF FUNCTIONS

§ 407r. Appropriations.

For the purpose of acquiring the property described in section 407m of this title, there is authorized to be appropriated not to exceed the sum of $7,700,000. Funds appropriated pursuant to sections 407m—407s of this title shall be available for any expenses incidental to acquisition of property as prescribed by said sections, including the employment of the necessary services in the District of Columbia, and including to the extent deemed necessary by the Secretary of the Interior, the employment without

regard to the civil-service laws or the Classification Act of 1949, of such experts and other officers and employees as are necessary to carry out the provisions of sections 407m-407s of this title efficiently and in the public interest. (June 28, 1948, ch. 687, § 6, 62 Stat. 1062; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972; July 10, 1952, ch. 653, § 3, 66 Stat. 575.)

REFERENCES IN TEXT

The civil-service laws and the Classification Act of 1949, referred to in the text, are classified to chapters 12 and 21, respectively, of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1952-Act July 10, 1952, amended section by increasing the appropriation from $4,435,000 to $7,700,000.

1949-Act Oct. 28, 1949, amended section by substituting the "Classification Act of 1949" for the "Classification Act of 1923".

§ 407s. Administration and operation of properties; use of funds; contracts.

Following the acquisition by the Federal Government of properties pursuant to sections 407m-407s of this title and until such time as the buildings thereon are demolished or the properties and buildings thereon are devoted to purposes of the Independence National Historical Park as provided herein, the Secretary is authorized, with respect to the said properties, to administer, operate, manage, lease, and maintain such properties, and lease, demolish, or remove buildings, or space in buildings thereon, in such manner as he shall consider to be in the public interest. Any funds received from leasing the said properties, buildings thereon, or space in buildings thereon, shall be deposited to the credit of a special receipt account and expended for purposes of operating, maintaining, and managing the said properties and demolishing or removing the buildings thereon. The Secretary, in his discretion and notwithstanding other requirements of law, may exercise and carry out the functions authorized herein by entering into agreements or contracts with public or private agencies, corporations, or persons, upon such terms and conditions as he deems to be appropriate in carrying out the purposes of said sections. (June 28, 1948, ch. 687, § 7, as added Oct. 26, 1951, ch. 574, 65 Stat. 644.)

ISLE ROYALE NATIONAL PARK

§ 408. Isle Royale National Park; establishment; acquisition of land.

When title to all alienated lands within Isle Royale in Lake Superior, Keweenaw County, Michigan, and immediately surrounding islands as shall be designated by the Secretary of the Interior in the exercise of his judgment and discretion as necessary or desirable for national-park purposes, shall have been vested in the United States, and exclusive jurisdiction over the same shall have been ceded by the State of Michigan to the United States, said area shall be, and is established, dedicated, and set apart as a public park for the benefit and enjoyment of the people, and shall be known as the Isle Royale National Park: Provided, That the United States shall not purchase by appropriation of public moneys any

lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation. (Mar. 3, 1931, ch. 448, § 1, 46 Stat. 1514.)

CROSS REFERENCES

Proviso not to be construed as prohibiting acquisition of lands with funds allocated and made available for acquisition of lands for conservation or forestation purposes, see section 408d of this title.

§ 408a. Same; acceptance of title to lands.

The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States title to any lands located on said islands offered to the United States, without cost, as may be deemed by him necessary or desirable for nationalpark purposes. (Mar. 3, 1931, ch. 448, § 2, 46 Stat. 1514.)

§ 408b. Same; administration, protection, and development.

The administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of sections 1 and 2-4 of this title: Provided, That sections 791a-825r of this title shall not apply to this park. (Mar. 3, 1931, ch. 448, § 3, 46 Stat. 1514.)

TRANSFER OF FUNCTIONS

§ 408c. Acceptance of title to lands; reservations; leases; rights-of-way and easements.

The Secretary of the Interior is authorized in his discretion to accept title to lands tendered without cost to the United States within the area of the Isle Royale National Park, subject to leases entered into and granted as part consideration in connection with the purchase of said land for tender to the United States for park purposes, but not exceeding in length of term the life of the particular grantor or grantors: Provided, That said leases and the terms and conditions thereof shall have previously been submitted to and approved by said Secretary: And provided further, That he may lease upon such terms and conditions as he deems proper any lands within the aforesaid areas when such use shall not be deemed by him inconsistent with the purposes for which the lands were acquired on behalf of the United States, to persons, educational or religious institutions, private corporations, associations, and partnerships previously occupying such land for terms not exceeding the particular lifetime in the case of natural persons, and not exceeding twenty years in all other cases, which latter leases may be renewed in the discretion of said Secretary: And provided further, That the Secretary of the Interior

may accept lands for these parks subject to reservations of rights of way and easements. (Feb. 4, 1932, ch. 19, § 2, 47 Stat. 37.)

§ 408d. Addition of lands purchased within boundaries for conservation or forestation purposes.

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 sections 408-408b of this title, are made a part of the said park as fully as if originally acquired for that purpose and the proviso at the end of section 408 of this title shall not be construed so as to prohibit the acquisition of lands in the park area with the aforesaid funds. (June 20, 1938, ch. 531, 52 Stat. 785.)

§ 408e. Addition of lands to Park; Passage Island. Subject to valid existing rights the following-described lands, in addition to the lands established as the Isle Royale National Park pursuant to sections 408-408b of this title, are made a part of the park:

Passage Island, containing approximately one hundred and eighty-two acres, located in sections 3, 4, and 9, township 67 north, range 32 west, in Keweenaw County, Michigan: Provided, That the Secretary of the Navy shall retain control and jurisdiction over the following portions of the Island for lighthouse and boathouse purposes:

(a) All that part of Passage Island lying south of a true east and west line located four hundred and twenty-five feet true north of the center of the Passage Island Light containing approximately six and five-tenths acres.

(b) Beginning at the center of Passage Island Light, thence north thirty-three degrees fifty-two minutes east three thousand five hundred and fifteen feet to a point from which this description shall begin to measure, being the southwest corner of said boathouse site; thence north two hundred feet to a point being the northwest corner of said site; thence east one hundred and seventy-five feet more or less to the harbor shore; thence southeasterly following the harbor shore to a point on the shore being a point on the south boundary of the boathouse site; thence two hundred feet more or less west to the point of beginning, containing approximately seventy-eight one-hundredths acre.

(c) A right-of-way between the sites described in the preceding subparagraphs, to be defined by the Secretary of the Navy within a reasonable length of time after March 6, 1942. (Mar. 6, 1942, ch. 152, § 1, 56 Stat. 138; July 27, 1942, ch. 526, 56 Stat. 722.)

AMENDMENTS

1942-Act July 27, 1942, substituted "Secretary of the Navy" for "Secretary of the Treasury",

§ 408f. Same; former Siskiwit Islands Bird Reservation.

The Siskiwit Islands Bird Reservation is abolished and shall after March 6, 1942, be a part of the Isle Royale National Park. (Mar. 6, 1942, ch. 152, § 2, 56 Stat. 138.)

§ 408g. Same; submerged lands surrounding islands.

The boundaries of the Isle Royale National Park are extended to include any submerged lands within four and one-half miles of the shore line of Isle Royale and the immediately surrounding islands, and the Secretary of the Interior is authorized, in his discretion, to acquire title by donation to any such lands not now owned by the United States, the title to be satisfactory to him. (Mar. 6, 1942, ch. 152, § 3, 56 Stat. 138.)

§ 408h. Same; federally owned lands within Park boundaries.

All federally owned lands within the boundaries of the Isle Royale National Park are made a part of the park: Provided, That the Secretary of the Navy shall retain control and jurisdiction, for lighthouse purposes, over Menagerie Island, located in township 64 north, range 35 west, and an unsurveyed island known as Rock of Ages, situated in approximate sections 7 and 18, township 63 north, range 39 west, and also shall retain the right to maintain existing floating and shore aids to navigation and to establish and maintain additional aids to navigation within the established park area when so required by general navigation. (Mar. 6, 1942, ch. 152, § 4, 56 Stat. 138; July 27, 1942, ch. 526, 56 Stat. 722.)

AMENDMENTS

1942-Act July 27, 1942, substituted "Secretary of the Navy" for "Secretary of the Treasury".

§ 408i. Acceptance of territory ceded by Michigan; jurisdiction.

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 accepted and sole and exclusive jurisdiction is 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. (Mar. 6, 1942, ch. 150, § 1, 56 Stat. 133.)

REFERENCES IN TEXT

The Michigan act referred to in this section constitutes Mich. Laws 1939, Act No. 8.

NOTICE TO MICHIGAN OF SECTIONS 4081-408q Section 10 of act Mar. 6, 1942, which act affected sections 4081-408q of this title, provided: "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."

§ 408j. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section, act Mar. 6, 1942, ch. 150, § 2, 56 Stat. 133, related to inclusion of park in a judicial district, and is now covered by section 102 of Title 28, Judiciary and Judicial Procedure, and section 3231 of Title 18, Crimes and Criminal Procedure.

§ 408k. Hunting and fishing; general rules and regulations; protection of property; violation of statutes or rules; penalties.

All hunting or the killing, wounding, or capturing 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 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 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 sections 4081, 408k and 4081 of this title. 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 said sections 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 said sections, 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. (Mar. 6, 1942, ch. 150, § 3, 56 Stat. 133.)

§ 4081. Same; forfeiture of property used in hunting, fishing, etc.

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 sections 4081, 408k and 4081 of this title 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 said sections, and upon conviction under said sections 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 said sections. 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. (Mar. 6, 1942, ch. 150, § 4, 56 Stat. 134.)

SS 408m-408q. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section 408m, acts Mar. 6, 1942, ch. 150, § 5, 56 Stat. 134; Apr. 21, 1948, ch. 223, § 1, 62 Stat. 196, related to appointment and jurisdiction of commissioner, and is now covered by sections 631 and 632 of Title 28, Judiciary and Judicial Procedure.

Section 408n, act Mar. 6, 1942, ch. 150, § 6, 56 Stat. 135, related to issuance of process, and is now covered by sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure, and Rules 4, 5 (c), and 9 of Federal Rules of Criminal Procedure, following section 3771 of such Title 18.

Section 4080, act Mar. 6, 1942, ch. 150, § 7, 56 Stat. 135, related to commissioner's salary, and is now covered by section 634, of Title 28, Judiciary and Judicial Procedure.

Section 408p, act Mar. 6, 1942, ch. 150, § 8, 56 Stat. 135, related to fees, costs, and expenses against United States, and is now covered by section 604 of Title 28, Judiciary and Judicial Procedure.

Section 408q, act Mar. 6, 1942, ch. 150, § 9, 56 Stat. 135, related to disposition of fines and costs, and is now covered by section 634 of Title 28, Judiciary and Judicial Procedure.

MORRISTOWN NATIONAL HISTORICAL PARK § 409. Morristown National Historical Park; establishment; acquisition of land.

When title to all the lands, structures, and other property in the military camp-ground areas and other areas of Revolutionary War interest at and in the vicinity of Morristown, New Jersey, as shall be designated by the Secretary of the Interior, in the exercise of his discretion, as necessary or desirable for national-park purposes, shall have been vested in the United States, such areas shall be, and they are, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Morristown Na

tional Historical Park: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid areas, but such lands shall be secured by the United States only by public or private donation: And provided further, That such areas shall include, at least, Jockey Hollow camp site, now owned by Lloyd W. Smith and the town of Morristown, Fort Nonsense, now owned by the town of Morristown, and the George Washington Headquarters, known as the Ford House, with its museum and other personal effects and its grounds, now owned by the Washington Association of New Jersey. (Mar. 2, 1933, ch. 182, § 1, 47 Stat. 1421.) § 409a. Same; acceptance of title to lands.

The Secretary of the Interior is authorized to accept donations of land, interest in land, buildings, structures, and other property within the boundaries of said park as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands purchased to be satisfactory to the Secretary of the Interior: Provided, That the Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States other lands, easements, and buildings of Revolutionary War interest in Morris and adjacent counties in New Jersey as may be donated for the extension of the Morristown National Historical Park. (Mar. 2, 1933, ch. 182, § 2, 47 Stat. 1421.)

§ 409b. Same; George Washington headquarters; maintenance as part of park.

After the acquisition of the museum and other personal effects of the said Washington Association by the United States, including such other manuscripts, books, paintings, and other relics of historical value pertaining to George Washington and the Revolutionary War as may be donated to the United States, such museum and library shall forever be maintained as a part of said Morristown National Historical Park. (Mar. 2, 1933, ch. 182, § 3, 47 Stat. 1422.)

§ 409c. Same; board of advisers for park.

The Washington Association of New Jersey, Lloyd W. Smith, and the town of Morristown having, by their patriotic and active interest in conserving for posterity these important historical areas and objects, the board of trustees and the executive committee of the said association, together with Mrs. Willard W. Cutler, its curator, and Clyde Potts, at present mayor of Morristown, shall hereafter act as a board of advisers in the maintenance of said park. The said association shall have the right to hold its meetings in said Ford House. (Mar. 2, 1933, ch. 182, § 4, 47 Stat. 1422.)

§ 409d. Same; employees of Washington Association of New Jersey.

Employees of the said Washington Association, who were, prior to March 2, 1933, charged with the care and development of the said Ford House and its museum and other effects, may, in the discretion of the Secretary of the Interior, hereafter be employed by the National Park Service in the administration,

protection, and development of the said park without regard to the laws of the United States applicable to the employment and compensation of officers and employees of the United States. (Mar. 2, 1933, ch. 182, § 5, 47 Stat. 1422.)

§ 409e. Same; administration, protection, and development.

The administration, protection, and development of aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of sections 1 and 2-4 of this title. (Mar. 2, 1933, ch. 182, § 6, 47 Stat. 1422.)

CODIFICATION

The proviso formerly at the end of this section limited the appropriations for the fiscal years 1934, 1935, and 1936, to $7,500.

TRANSFER OF FUNCTIONS

§ 409f. Jurisdiction of New Jersey in civil, criminal, and legislative matters retained; citizenship unaffected.

Nothing in sections 409-409f of this title shall be held to deprive the State of New Jersey, or any political subdivision thereof, of its civil and criminal jurisdiction in and over the areas included in said national historical park, nor shall said sections in any way impair or affect the rights of citizenship of any resident therein; and save and except as the consent of the State of New Jersey may be hereafter given, the legislative authority of said State in and over all areas included within such national historical park shall not be diminished or affected by the creation of said park, nor by any terms and provisions of said sections. (Mar. 2, 1933, ch. 182, § 7, 47 Stat. 1422.)

EVERGLADES NATIONAL PARK

§ 410. Everglades National Park; establishment; acquisition of land.

When title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443), shall have been vested in the United States, said lands shall be, and are, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Everglades National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation. (May 30, 1934, ch. 371, § 1, 48 Stat. 816.)

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