433g. Fort Federica National Monument; establishment. Same; donation of property; acquisition of lands. 4331. Same; museum; historical markers. 433]. Same; administration, protection and development. 433k. Whitman National Monument; acquisition of land; establishment, supervision and maintenance. 4331. Same; erection of monuments and tablets. 433m. Same; appropriation. 434. 435. 436. 437. 438. 439. National monument in Riverside County, California. Roads and trails, material, equipment, and supplies. Fort McHenry; restoration and preservation. Same; repairs and improvements; how made. Same; land for use of Secretary of the Treasury. 440. Same; closure in times of national emergency. 4408. Change in name of Fort McHenry Park. 441. Badlands National Monument; establishment. 441a. Same; boundaries. 441b. Same; construction of highway by State of South Dakota. 441c. Same; administration; franchises for hotel and lodge accommodations. 441d. Same; examinations, excavations, and gathering of objects of interest within monument. 441e. Same; effective date of sections 441-441d. 441f. Same; adjustment and redefinition of boundaries. 441g. Same; orders to effectuate revision of boundaries; publication. 441h. Same; jurisdiction of mining and mineral rights; patents. 450u. Homestead National Monument of America; establishment. 450v. Same; appropriation. 450w. Same; administration; establishment of museum. 450x. Same; authorization of annual appropriations. 450y. Coronado National Memorials; establishment. 450y-1. Same; administration by National Park Service. 450y-2. Same; grazing and mining within memorial area. 450y-3. Same; construction of fences. 450y-4. Same; acquisition of property; donations. 450z. Organ Pipe Cactus National Monument; disposal of minerals and mining rights. 450aa. George Washington Carver National Monument; acquisition of land. 450aa-1. Same; establishment and supervision. 450aa-2. Same; maintenance of museum; construction of roads and use of markers. 450bb. Harpers Ferry National Monument; establishment; acceptance of donations of land, etc. 450bb-1. Same; administration by National Park Service. 450bb-2. Same; maintenance of museum; acceptance of museum articles; construction of roads, etc. 450cc. Castle Clinton National Monument; establishment. 450cc-1. Same; administration by National Park Service. 450dd. De Soto National Memorial; establishment. 450dd-1. Same; administration by National Park Service. 450ee. Fort Sumter National Monument; establishment. 450ee-1. Same; administration by National Park Service. Fort Vancouver National Monument; establishment. 450ff. 450ff-1. 450ff-2. 450gg. Same; size; effective date; additional lands. 450gg-1. Same; determination of national significance of land; administration by National Park Service. 450gg-2. Same; preservation of relics and records. 450gg-3. Same; transfer to State as historical park at Secretary's discretion; reversion of title. 450hh. Saint Croix Island National Monument; establishment; acceptance of land; size. 450hh-1. Same; name; acquisition of additional lands; lands excluded. 450hh-2. Same; administration by National Park Service. 450ii. Joshua Tree National Monument; revision of boundaries. Same; excluded lands opened to entry under mining laws. 45011-1. 45011-2. 4478. Ocmulgee National Monument; establishment; acquisition of property. Same; continuation of leases, permits, and licenses. NATIONAL PARK SERVICE §1. Service created; director; other employees. There is created in the Department of the Interior a service to be called the National Park Service, which shall be under the charge of a director. The Secretary of the Interior shall appoint the director, and there shall also be in said service such subordinate officers, clerks, and employees as may be appropriated for by Congress. The service thus established shall promote and regulate the use of the Federal areas known as national parks, monuments, and reservations hereinafter specified, except such as are under the jurisdiction of the Secretary of the Army, as provided by law, by such means and measures as conform to the fundamental purpose of the said parks, monuments, and reservations, which purpose is to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Mar. 4, 1923, ch. 265, 42 Stat. 1488; Mar. 3, 1925, ch. 462, 43 Stat. 1176; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.) CHANGE OF NAME The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947. 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. All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator, and all functions of the Commissioner of Public Buildings, and the Public Buildings Administration, were transferred to the Administrator of General Services by act June 30, 1949, ch. 288, title I, § 103 (a), 63 Stat. 380. The Federal Works Agency, the Office of Federal Works Administrator, the Office of Commissioner of Public Buildings, and the Public Building Administration, were abolished by section 103 (b) of said act. See section 630b of Title 5, Executive Departments and Government Officers and Employees. Branch of Buildings Management of National Park Service in the Department of the Interior and its functions and personnel, except those relating to monuments and memorials, and certain functions of National Park Service in connection with public buildings in District of Columbia, together with personnel engaged exclusively in such functions, were transferred to the Public Buildings Administration, and functions of Secretary of Interior and Director of National Park Service relating thereto were transferred to Federal Works Administrator by 1939 Reorg. Plan No. I, §§ 301 and 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1427, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees. Mount Rushmore National Memorial Commission and its functions were transferred to National Park Service by 1939 Reorg. Plan No. II, § 4 (1), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1434, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees. § 1a. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948. Section, act June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to residence of United States Commissioners, and is now covered by section 635 of Title 28, Judiciary and Judicial Procedure. § 2. National parks, reservations, and monuments; supervision. The director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which on August 25, 1916, were under the jurisdiction of the Department of the Interior, and of the Hot Springs National Park in the State of Arkansas, and of such other national parks and reservations of like character as may be created by Congress. In the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park Service to such extent as may be requested by the Secretary of the Interior. (Aug. 25, 1916, ch. 408, § 2, 39 Stat. 535; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.) 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. CROSS REFERENCES "Advisory Board on National Parks, Historic Sites, Buildings, and Monuments" created, see section 463 of this title. §3. Same; rules and regulations; timber; leases. The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service, and any violation of any of the rules and regulations authorized by this section and sections 1, 2, 4, 22, and 43 of this title shall be punished by a fine of not more than $500 or imprisonment for not exceeding six months or both, and be adjudged to pay all costs of the proceedings. He may also, upon terms and conditions to be fixed by him, sell or dispose of timber 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 or the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for the destruction of such animals and of such plant life as may be detrimental to the use of any of said parks, monuments, or reservations. He may also grant privileges, leases, and permits for the use of land for the accommodation of visitors in the various parks, monuments, or other reservations provided for under section 2 of this title, but for periods not exceeding twenty years; and no natural curiosities, wonders, or objects of interest shall be leased, rented, or granted to anyone on such terms as to interfere with free access to them by the public: Provided, however, That the Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze livestock within any national park, monument, or reservation referred to in this section and sections 1, 2, 4, 22, and 43 of this title when in his judgment such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that this provision shall not apply to the Yellowstone National Park: And provided further, That the Secretary of the Interior may grant said privileges, leases, and permits and enter into contracts relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids: And provided further, That no contract, lease, permit, or privilege granted shall be assigned or transferred by such grantees, permittees, or licensees without the approval of the Secretary of the Interior first obtained in writing: And provided further, That the Secretary may, in his discretion, authorize such grantees, permittees, or licensees to execute mortgages and issue bonds, shares of stock, and other evidences of interest in or indebtedness upon their rights, properties, and franchises, for the purposes of installing, enlarging, or improving plant and equipment and extending facilities for the accommodation of the public within such national parks and monuments. (Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535; June 2, 1920, ch. 218, § 5, 41 Stat. 732; Mar. 7, 1928, ch. 137, § 1, 45 Stat. 235.) 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 offcers, 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. § 4. Rights-of-way through public lands. The provisions of sections 1, 2, 3, 22, and 43 of this title shall not affect or modify the provisions of sections 79 and 522 of this title, and section 959 of Title 43. (Aug. 25, 1916, ch. 408, § 4, 39 Stat. 536.) $5. Rights-of-way through parks or reservations for electrical poles and lines. The head of the department having jurisdiction over the lands is authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone, and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such right-of-way shall be allowed within or through any national park or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such park or reservation falls, and upon a finding by him that the same is not incompatible with the public interest. All or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment. Any citizen, association, or corporation of the United States to whom there has been issued a permit, prior to March 4, 1911, for any of the purposes specified herein under any law existing at that date, may obtain the benefit of this section upon the same terms and conditions as shall be required of citizens, associations, or corporations making application under the provisions of this section subsequent to said date. (Mar. 4, 1911, ch. 238, 36 Stat. 1253.) CROSS REFERENCES Issuance of licenses for construction, operation and maintenance of transmission lines, for development, transmission and utilization of power, across public lands and reservations, see section 797 (e) of this title. § 6. Donations of lands within national parks and monuments and moneys. The Secretary of the Interior in his administration of the National Park Service is authorized, in his discretion, to accept patented lands, rights-of-way over patented lands or other lands, buildings, or other property within the various national parks and national monuments, and moneys which may be donated for the purposes of the national park and monument system. (June 5, 1920, ch. 235, § 1, 41 Stat. 917.) CROSS REFERENCES Appropriation to cover cost of recording donated lands, see section 14c of this title. Gifts, authority of National Park Trust Fund Board to accept and administer, see section 19a of this title. Trust funds, donations for National Park Service deposited into Treasury as, see section 725s (17) of Title 31, Money and Finance. § 6a. Acceptance of gifts or bequests of money. Nothing in sections 19-19d of this title shall be construed as prohibiting or restricting the Secretary of the Interior from accepting, in the name of the United States, gifts or bequests of money for immediate disbursement or other property in the interest of the National Park Service, its activities, or its service, as heretofore authorized by law. (July 10, 1935, ch. 375, § 4, 49 Stat. 478.) §7. Repealed. Oct. 31, 1951, ch. 654, § 1 (35), 65 Stat. 702. Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to purchase of supplies or services for National Park Service, and is now covered by section 5 of Title 41, Public Contracts. § 7a. Airports in national parks, monuments and recreation areas; construction, etc. The Secretary of the Interior (hereinafter called the "Secretary") is authorized to plan, acquire, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports in the continental United States in, or in close proximity to, national parks, national monuments, and national recreation areas, when such airports are determined by him to be necessary to the proper performance of the functions of the Department of the Interior: Provided, That no such airport shall be acquired, established, or constructed by the Secretary unless such airport is included in the then current revision of the national airport plan formulated by the Administrator of Civil Aeronautics pursuant to the provisions of the Federal Airport Act: Provided further, That the operation and maintenance of such airports shall be in accordance with the standards, rules, or regulations prescribed by the Administrator of Civil Aeronautics. (Mar. 18, 1950, ch. 72, § 1, 64 Stat. 28.) REFERENCES IN TEXT The Federal Airport Act, referred to in the text, is classifled to section 1101 et seq. of Title 49, Transportation. §7b. Same; acquisition of lands; contracts for operation and maintenance. In order to carry out the purposes of sections 7a-7e of this title, the Secretary is authorized to acquire necessary lands and interests in or over lands; to contract for the construction, improvement, operation, and maintenance of airports and incidental facilities; to enter into agreements with other public agencies providing for the construction, operation, or maintenance of airports by such other public agencies or jointly by the Secretary and such other public agencies upon mutually satisfactory terms; and to enter into such other agreements and take such other action with respect to such airports as may be necessary to carry out the purposes of said sections: Provided, That nothing in said sections shall be held to authorize the Secretary to acquire any land, or interest in or over land, by purchase, condemnation, grant, or lease without first obtaining the consent of the Governor of the State, and the consent of the State political subdivision in which such land is located: And provided further, That the authorization herein granted shall not exceed $2,000,000. (Mar. 18, 1950, ch. 72, § 2, 64 Stat. 28.) §7c. Same; authorization to sponsor projects; use of funds. In order to carry out the purposes of sections 7a-7e of this title, the Secretary is authorized to sponsor projects under the Federal Airport Act either independently or jointly with other public agencies, and to use, for payment of the sponsor's share of the project costs of such projects, any funds that may be contributed or otherwise made available to him for such purpose (receipt of which funds and their use for such purposes is authorized) or may be appropriated or otherwise specifically authorized therefor. (Mar 18, 1950, ch. 72, § 3, 64 Stat. 28.) REFERENCES IN TEXT The Federal Airport Act, referred to in the text, is classified to section 1101 et seq. of Title 49, Transportation. §7d. Same; jurisdiction; operation as public airports. All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by law, shall be operated as public airports, available for public use on fair and reasonable terms and without unjust discrimination. (Mar. 18, 1950, ch. 72, § 4, 64 Stat. 28.) § 7e. Same; definitions. The terms "airport", "project", "project costs", "public agency", and "sponsor", as used in sections 7a-7e of this title, shall have the respective meanings prescribed in the Federal Airport Act. (Mar. 18, 1950, ch. 72, § 5, 64 Stat. 28.) REFERENCES IN TEXT The Federal Airport Act, referred to in the text, is classified to section 1101 et seq. of Title 49, Transportation. § 8. Roads and trails in national parks and monuments; construction, etc. The Secretary of the Interior, in his administration of the National Park Service, is authorized to |