TITLE XXXII B-THE NATIONAL PARKS, RESERVATIONS, AND MONUMENTS

Sec.

5277f. Same; exchange of lands with state of South Dakota.

5279. National monuments; historic landmarks; reservations; private claims.

5281a. Forest fires in parks.

Sec.

5281b. National monument in River-
side County, California.

5281c. Same; payment therefor.
5281d. Same; Water Power Act not
applicable.

§ 5196. (Act May 7, 1894, c. 72, § 7.) Compensation of commissioner, marshals, and United States attorneys for Yellowstone Park.

For salary of Commissioner of Yellowstone National Park, see ante, § 1451a. § 5207a. (Act June 2, 1920, c. 218, § 1.) Yosemite, Sequoia, and General Grant National Parks; cession by California accepted; exclusive jurisdiction of United States; jurisdiction remaining in and taxation by California.

The provisions of the act of the Legislature of the State of California (approved April 15, 1919) ceding to the United States exclusive jurisdiction over the territory embraced and included within the Yosemite National Park, Sequoia [,] National Park, and General Grant National Park, respectively, are hereby accepted and sole and exclusive jurisdiction is hereby assumed by the United States over such territory, saving, however, to the said State of California the right to serve civil or criminal process within the limits of the aforesaid parks or either of them in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State outside of said parks; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said parks, and the right to fix and collect license fees for fishing in said parks; and saving also to the persons residing in any of said parks now or hereafter the right to vote at all elections held within the county or counties in which said parks are situated. (41 Stat. 731.)

This section, and the seventeen sections next following, and §§ 5208aa5208d, 5209a, 5216a-5216c, post, are an act entitled "An act to accept the cession by the state of California of exclusive jurisdiction of the lands embraced within the Yosemite National Park, Sequoia National Park, and General Grant National Park, respectively, and for other purposes," cited above. § 5207b. (Act June 2, 1920, c. 218, § 1.) Same; laws applicable. All the laws applicable to places under sole and exclusive jurisdiction of the United States shall have force and effect in said parks or either of them. (41 Stat. 731.)

See note to § 5207a, ante.

§ 5207c. (Act June 2, 1920, c. 218, § 1.) Same; fugitives from justice.

All fugitives from justice taking refuge in said parks, or either of them, shall be subject to the same laws as refugees from justice found in the State of California. (41 Stat. 731.)

See note to § 5207a, ante.

§ 5207d. (Act June 2, 1920, c. 218, § 4.) Same; offenses punishable by State laws.

If any offense shall be committed in the Yosemite National Park, Sequoia National Park, General Grant National Park, or either of them, which offense is not prohibited or the punishment is not specifically provided for by any law of the United States, the offender shall be subject to the same punishment as the laws of the State of California in force at the time of the commission of the offense may provide for a like offense in said State; and no subsequent repeal of any such law of the State of California shall affect any

prosecution for said offense committed within said parks, or either of them. (41 Stat. 731.)

See note to § 5207a, ante.

§ 5207e. (Act June 2, 1920, c. 218, § 5.) Same; hunting or fishing. 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 parks; or shall any fish be taken out of any of the waters of the said parks, or either of them, in any other way than by hook and line, and then only at such seasons and such times and manner as may be directed by the Secretary of the Interior. (41 Stat. 731.)

See note to § 5207a, ante.

§ 5207f. (Act June 2, 1920, c. 218, § 5.) Same; rules and regulations.

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 other than those legally located prior to the passage of the respective Acts creating and establishing said parks, natural curiosities or wonderful objects within said parks, and for the protection of the animals in the park from capture or destruction, and to prevent their being frightened or driven from the said parks; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said parks or either of them. (41 Stat. 732.)

See note to § 5207a, ante.

§ 5207g. (Act June 2, 1920, c. 218, § 5.) dead bodies of birds or animals.

Same; possession of

Possession within said parks, or either of them, of the dead bodies or any part thereof of any wild bird or animal shall be prima facie evidence that person or persons having same are guilty of violating this Act. (41 Stat. 732.)

See note to § 5207a, ante.

§ 5207h. (Act June 2, 1920, c. 218, § 5.) Same; transportation of birds, animals or fish; violations of act or rules or regulations for management, care, and preservation of parks; damage or spoliation; punishment.

Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act, and who receives. for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the other provisions of this Act, or any rule or regulation that may be promulgated by the Secretary of the Interior, with reference to the management and care of the said parks, or either of them, or for the protection of the property therein for the preservation from injury or spoliation of timber, mineral deposits, other than those legally located prior to the passage of the respective Acts creating and establishing said parks, natural curiosities, or wonderful objects within said parks, or either of them, or for the protection of the animals, birds, or fish in the said parks, or either of them, or who shall within said parks commit any damage, injury, spoliation to or upon any building, fence, hedge, gate, guide post, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to the pass

age of the respective Acts creating and establishing said parks, natural curiosities, or other matter or thing growing or being thereon, or situated therein, shall be subject to the penalty provided for the violation of rules and regulations of the Secretary of the Interior authorized by section 3 of the Act of Congress approved August 25, 1916 (Thirty-ninth Statutes, page 535), entitled "An Act to establish a National Park Service, and for other purposes." (41 Stat. 732.)

See note to § 5207a, ante.

§ 5207i. (Act June 2, 1920, c. 218, § 5.) Same; sale or disposal of timber; destruction of detrimental animal or plant life. Nothing herein shall be construed as repealing or in any way modifying the authority granted the Secretary of the Interior by said section 3 of the said Act approved August 25, 1916, to sell or dispose of timber in national parks in those cases where, in his judgment, the cutting of such timber is required in order to control. the attacks of insects or diseases or otherwise conserve the scenery of the natural or historic objects in such parks and to provide for the destruction of such animals and such plant life as may be detrimental to the use of any of said parks, or the authority granted to said Secretary by the Act approved April 9, 1912, entitled "An Act to authorize the Secretary of the Interior to secure for the United States title to patented lands in the Yosemite National Park, and for other purposes," as amended by the Act approved April 16, 1914. (41 Stat. 732.)

See note to § 5207a, ante.

§ 5207j. (Act June 2, 1920, c. 218, § 6.) Same; seizure and forfeiture of guns, traps, teams, horses, etc.

All guns, traps, teams, horses, or means of transportation of every nature or description used by any person, or persons within the limits of said parks, or either of them, when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals, shall be forfeited to the United States and may be seized by the officers in said parks, or either of them, and held pending prosecution of any person or persons arrested under the charge of violating the provisions of this Act, and upon conviction such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. (41 Stat. 733.)

See note to § 5207a, ante.

$5207k. (Act June 2, 1920, c. 218, § 9.) Same; arrests by commissioners for certain offenses; holding persons arrested for trial; bail.

Any such commissioner within his jurisdiction shall also have the power to issue process as hereinbefore provided for the arrest of any person charged with commission within said boundaries of said parks, or either of them, as specified above in this Act, of any criminal offense not covered by the provisions of section 5 of this Act, to hear the evidence introduced, and if he is of the opinion that probable cause is shown for holding the person so charged for trial, he shall cause such person to be safely conveyed to a secure place of confinement within the jurisdiction of the United States district court in and for the judicial district to which he belongs, and certify a transcript of the record of his proceedings and testimony in the case to the court, to which the park is attached as above specified in this Act, which court shall have jurisdiction of the case: Provided, That the said commissioner shall grant

bail in all cases bailable under the laws of the United States or of said State. (41 Stat. 734.)

See note to § 5207a, ante.

§ 52071. (Act June 2, 1920, c. 218, § 10.) Same; service of process issued by commissioners; arrests without process. All process issued by the commissioner of the Yosemite National Park shall be directed to the marshal of the United States for the northern district of California, and all process issued by the commissioner of the Sequoia National Park and the General Grant National Park shall be directed to the marshal of the United States for the southern district of California, but nothing herein contained shall be so construed to prevent the arrest by any officer or employee of the Government or any person employed by the United States, in the policing of such reservation within the boundaries of said parks, or either of them, without process of any person taken in the act of violating the law or this Act or the regulation prescribed by said Secretary as aforesaid. (41 Stat. 734.) See note to § 5207a, ante.

§ 5207m. (Act June 2, 1920, c. 218, § 11.) Same; salaries of

commissioners.

The commissioner provided for in this Act for the Yosemite National Park and the commissioner provided for in this Act for the Sequoia National Park and the General Grant National Park each shall be paid an annual salary of $1,500, payable monthly. (41 Stat. 734.)

See note to § 5207a, ante.

§ 5207n. (Act June 2, 1920, c. 218, § 11.) Same; residence of commissioners.

The said commissioner for the Yosemite National Park shall reside within the exterior boundaries of said Yosemite National Park, and the commissioner provided for the Sequoia National Park and the General Grant National Park shall reside within the exterior boundaries of one of the said last-named national parks and at a place to be designated by the court making such appointment. (41 Stat. 734.)

See note to § 5207a, ante.

§ 52070. (Act June 2, 1920, c. 218, § 11.) expenses collected by commissioner.

Same; fees, costs, and

All fees, costs, and expenses collected by the commissioner shall be disposed of as provided in section 13 of this Act. (41 Stat. 734.) See note to § 5207a, ante.

§ 5207p. (Act June 2, 1920, c. 218, § 12.) Same; payment of fees, costs, and expenses chargeable to United States.

All fees, costs, and expenses arising in cases under this Act and properly chargeable to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States. (41 Stat. 734.) ·

See note to § 5207a, ante.

§ 5207q. (Act June 2, 1920, c. 218, § 13.) Same; disposition of fines and costs.

All fines and costs imposed and collected shall be deposited by said commissioners of the United States, or the marshal of the United States collecting the same, with the clerk of the United States district court to which said parks are attached, as provided in this Act. (41 Stat. 734.)

See note to § 5207a, ante.