Page:United States Statutes at Large Volume 44 Part 1.djvu/408

 49 TITLE 16;———CON preclpice, onieach jslde of the iralley,. and the tract; egnbthelng — U what is known as the “Mariposa Big Tree Grove,". not to exceed the area of four,sectio1£s’, and to be taken ln legal subdivisions of one Quarter Section each, together with that part Q lot fractional sections 5_and.6, township 5_'south‘, tange 22 east, . T Mount Diablo 'mcrldlan, ·Qalifornla_, lying soutlr ot the. South Fork of Merced River and almost wholly between the Mariposa . Big Tree Groteand the preéent south boundary of the Yosem-__ t ite National, Park, on June 11, 1906, are reserved and with- ‘ drawn item settlement, occupancy, or sale undef the laive of ' `the, United Statesnnd setapatt as-a national forest, subject to [_ all the limitations, conclltionS,.a11d provisions of sections 44, 45, - and 61 lot thistitle, as well as the limitations, conditions, and prevlsione ei section 46, and shall hereafter form a part of the _ I Yosemite National Park. (Ju°ue`__ 30, 1864, cL..184, §·§ 1,_ 2, 13 Stat. 325 ;_ June 11, 1906, No. 27, § 2, 34 Stat. 832.) ", r · 49. Sante: righte of claimants and e@rs of lands included; laws! and. regulatiens applicable within.:-—None of the lands patented and in private otvnérsblp in the areal included `under, sections .46 and 47` of this title in the Sierra National- Forest_ shall have the privileges of the lien-land, scalp provisions of ~tlxe L. land laws, lent otherwise, to be in all respects undei the lawn and regnlatlene adecting the national toieste. All lawn, rules, and regulatfons ateeting national forests, incladlng the fight to change the boundaries thereof by Executive proclamation, _ shall take efect and be in force within the llxnlte of the territory excluded by sections 48 and 47 from the Yosemite Natlenal Park, except as otherwise proylded; (June 11, 1906, No, 27, §‘2,·34 sm. my . { · ’_ ·_ _ ·_ l 50, Sante; revenues funn pilvileges.···—-All revenues derived fron: ybtlvlleges ln the park .·autl1orlz.ed under sections 44, 46, 1 and- 55 of this ° title, as well as"umler‘ section 47,- or from; prlvilegea"ncc<gcded on the lands segregated from aald park and laclndm within the Sierra National Forest, shall be paid into- I the T1'*€&§l11'X’ at the United States, to the credit of mlscellanel ‘ cus receipts; (June 11, 1906, No. .27, 5,3, 34 Stat. 832; June 12, l 191}, c.~27,·| 1, 40 Stat. 153..) M ·  { _ an A ` l _ 51. Same; exchinge of privately owned lands in park;-—-—’1‘he · Secreteiiea of thebepartments ot Interior and Qagrlculture, for ‘ the pnrpese of ellznlnatlng private holdings within tlge Yosemite a National Park, and to preserve intact. tlxnber- along and adjoln- ; ing the roads 'ln tlie scenic pertion of the ‘mrk on' patented ‘1 landa, are empowered in their discretion to obtain and accept J efoxxme United Stated a complete title to any and all patented l lands within tlae boaadarles"ot mid park by tlneexchange ot dmbex or timber and lands within the `Yceemlte National Park · : and the“Sle:·ra and Stanislaus National Foresta for such lands : and the timber thereon within the bark, neeeaaary conveyancés 1 —ot park andnatlenal forest tlxnber or timber and lands ·to__be made b1‘8llQ$S®l'8llhl‘lB8, respectively. j The wcretarm ei the 3 said departznents are aathorlzw to acqulretltle ln fee by the a exchang ot lands ot the United States-for patented lands not ¤ exceeding six hundred' and jetty acres ln tlne Sierra and 1 Stanlelaaa Natlaned Forests, adjacent and contiguous to the 1 Yosemite Natlenal Park, and z when such patented lands are-, l than aeqnlred, eald"landa’sl1all become ‘a part at the Yosemite l Natlenal Parlctand be enbjcct to all the nvovwona of sections 4 14, ,45, 55, and 61 ot this tltle. (Apr; 9, 1912, c. 74, l 1, *37 Stat. 80; Apr. 16, 1914, c. 58, 38 Stat. 345.) · ’ ~ 52. Same; walaca of lands and timber to be exchanged; lands 1 added ata park.-——·%-·The value ,of patented lands within the park 4 -o¤e1•& ln exchange, and the value of the timber an papklands e pnapowd to be given in exchange for such patented lands, shall *3 be ascertained ln, auch manner as the Secretary of the Interldr 4 may,. in his dlmtetion, direct, and all expenaéa incident tofas-I Q certalnlng-such values slpll  pald by the ewners of skid patented lands, and aucli owners ellall, before any exchange is 1 effective, furnish the g&Cl‘Bt81‘¥"Qf the Interior evidence satis- ‘1

‘SERVA TIONr »· 394 ·· factory to him ot title to. the patented lands offered in exchange, and if the value of the tlmber on park landsfeiceede ° the value of the patented 1auds_deeded` 10 the G0ve1’l1me11t ip, = the exchange such excessashnll be paid to the Secretary ot the Interior by the owners of thopatented lends before any of the timber is} removed from the parlf, and shall be deposited'and covered into the Treasury es nxiscellaneous receipts. The same course- shalt be pursued ln irelation to exchange for `tilnber standing peer public roads on patented 18DdS'£0¥°l1iIl1b€PLt0 be exchanged on park lands. The laudsconveyed to the Govern. mentlunder section 51 'ot this tltle shall become a part of the Yosemite Nntions.l,l?a1jk, (Apr. '9, 1912, c. 74, § 2, 37 Stet._B0,) 53.- Sante; cutting and removal of timbers-—Al1 timber- must ;. he cut and removed from.- the Yosemite National _Park miner regulations; to be. prescribed by the Secretary oi the’ Interior, and anydamage which may result to hthe roads or_nny part of the,_perl; in consequence Lot the cutting and remoyal ot the l timber from-the reservation shall be borne by the owners ot the patented landseend bond satisfactory to the Secretaryot the `lnterlor must be lgiven for the payment ot snch damages, il any, as shall be- determiuedby the Secretary of the Interior. (Apr. 9, 1912, c. 74, § 3,,37 Stat. 81.) _ — ». _ I 54. Same; sale of natured, dead, or down timber.-%The Secretarylofethe Interior may sell one permit the-removalot such matured or dead or §]0W!l’EiI{l·b€1’ as he `meydeem ne ry or advisable for the protection or improvement of the perk, and ~the proceeds derived therefrom shall {be deposited and covered into the Treasury eas miscellaneous receipts: (Apr. 9, 1912,1:. 74, § 4, 31 Stat. _81.) ° _ A ‘ _ ‘ · retery of. the Interior is authorized and empowered to grant leases, for periods of not exceeding twenty years, etoannnal rentals, and under, terms and conditions to be determined by hlin, to uny person, corporation, or cognpany he may entllorize tot transect business in the _Yosen1lte National Pork, foreepa-· rote tracts oftlnnsl, not exceeding twenty acres eaeh, at such plnces,.not to exceed ten in number, to any person, corporation, or company in said park, os the comfort ond, convenience ot visitors may require, for the construction ond maintenance ot substantial hotel buildings and buildings for the protection ot motor; cars, stages, stock and equipment, end so forth.- Such leases may, at the option of the Secretary ot the lnterlor, contnin appropriate provisions for the apprnlsement, ntthe expire- · tion of the lease, ot the value of such hotel and other buildings (or portions thereof) es may be constructed oy the lessees, respectively, and the payment of the same to the lesseesin ease o new lxse be made to persons other than sold lessees, snch payments to `be made by such new lessees. respectively. » Any person or corporation or company holding .n lease or leases within said perl; for the purposeg above described is authorized, with the approval ot the Secretary of the Interior, to execute mortgages upon his or its rights and properties, Including his or its contract or egngfcts with the Secretary of the Interior; such mortgegu she executed in duplicate and delivered to the Secretery ot the Interior for his approval. and upon his approval thereof he shell retain one ot said duplicates and me the same for record in his otllce. ‘ . Any mortgage, lion, or encnmbrence crested under the proylsions hereof ahold! be subject to the righta of the Government to compel the enforcement of the terms of the lense or contract of the ‘:nor_tgagor, and anypurchaser under e foreclosure of such encmnbrnnce shell take subject to ell the conditions assumed by tlfe original lessee or contractor. (Oct. 1, 1890, e. 1263, §· 2, 26 Stat. 651; July 23, 1914, c. 206, 38 Stat. 554; Tune 12, 1917, c. 2'E, { 1, 40 Stat. 153.) ‘ , 56. Same; donetionsof lands or rights of way.·——=-The Secre
 * 55. Same; leases of lhndjn; mortgages by lessees.-The Sec- Y ‘
 * ery of the Interior is authorlzed to accept patented lends or

rights of way whether over patented or other lende in the . i ,