Public Law 75–703

That the Secretary of the Interior be, and is hereby, directed to give notice to the State of Virginia through its Governor, as contemplated by the Act of the General Assembly of the State of Virginia approved March 28, 1928, that the United States assumes police jurisdiction over lands lying in the State of Virginia and included within the Shenandoah National Park, title to and exclusive jurisdiction over said lands having been conveyed and ceded under and by authority of said Act

Exceptions.

Service of process, suite, etc., arising outside.

and accepted by the Secretary of the Interior, saving, however, to the State of Virginia 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

State tax powers.

committed in said State outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and

Franchise.

saving also to the persons residing in said park now, or hereafter, the right to vote at all elections held within the county or counties

Gasoline, etc., tax.

in which said park is situated; and saving further to the said State the right to tax sales of gasoline and other motor vehicle fuels

Provisions applicable to future conveyances.

and oil for use in motor vehicles. The Secretary is further directed to give like notice as to lands hereafter conveyed to the United States under like authority at such time or times as he shall

Application of laws.

determine to be consistent with the interests of the United States. All the laws applicable to places under sole and exclusive jurisdiction of the United States shall have force and effect in said park. All

Fugitives from justice.

fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Virginia.

Sec. 2.

That said park shall constitute a part of the United States

District court for western district of Virginia, jurisdiction of.

judicial district for the western district of Virginia, and the district court of the United States in and for said district shall have jurisdiction of all offenses committed within the boundaries of the said park.

Sec. 3.

That all hunting or the killing, wounding, or capturing at

Protection of birds and animals.

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, in

Unlawful fishing.

any other way than by hook and line, and then only at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make

Administrative rules, etc.

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 streams or lakes in the said park. Possession

Unlawful acts, evidence of violations.

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 same are guilty of violating this Act. 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 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, or fish in the said park, or who shall within said park commit any damage, injury or spoliation to or upon any building, fence, sign, hedge, gate, guide post, 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

Penalty provisions.

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.

Sec. 4.

That all guns, traps, nets, seines, teams, horses, or means

Guns, traps, teams, etc., forfeiture or seizure for violations.

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 beasts, birds, fish, or animals, 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 this Act, and upon conviction under this Act of such person or persons using said guns, traps, nets, seines, teams, horses. or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this

Disposition of.

Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

Sec. 5.

That upon the recommendation and approval of the Secretary of the Interior of a qualified candidate the United States District Court for the Western District of Virginia shall appoint a commissioner who shall have jurisdiction to hear and act upon all complaints made of any violations of law or of the rules and regulations made by the Secretary of the Interior for the government of the park and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes, authorized by this

Judicial powers in violation of rules, etc.

Act. Such commissioner shall have power, upon sworn information, to issue process in the name of the United States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation of the rules and regulations, or with a violation of any of the provisions of this Act prescribed for the government of said park and for the protection of the animals, birds, and fish in said park, and to try the person so charged, and, if found guilty, to impose punishment and to adjudge the forfeiture

Appeals.

prescribed. In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States District Court for the, Western District of Virginia and the United States District Court in the aforementioned district shall prescribe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States District Court.

Sec. 6.

That any and all United States commissioners now or hereafter authorized to act within the western district of Virginia and any and all persons who shall hereafter succeed to the duties, powers, and authority of United States commissioners in and for said district shall have full power, authority, and jurisdiction to act, with respect to offenses or violations of law occurring within the limits of the Shenandoah National Park, as the United States commissioner for the Shenandoah National Park may act with respect to offenses or violations of law occurring within the limits of said park.

Sec. 7.

That such commissioner shall also have power to issue process as hereinbefore provided for the arrest of any person charged with the commission within said park of any criminal offense not covered by the provisions of section 3 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, shall cause such person to be safely conveyed to a secure place of confinement within the jurisdiction or the United States District Court for the Western District of Virginia, and certify a transcript of the record of his proceedings and the testimony in such case to court, which court shall

Proviso.

Bail.

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.

Sec. 8.

That processes issued by the commissioner shall be directed to the marshal of the United States for the western district of Virginia but nothing herein contained shall be so construed as to prevent the arrest, by any officer or employee of the Government or any person employed by the United States, without process of any person taken in the act of violating the law or this Act or the regulations prescribed by the said Secretary as aforesaid.

Sec. 9.

That the commissioner provided for in this Act shall be

Provisos.

Residence.

paid an annual salary, as appropriated for by Congress: Provided, That the said commissioner shall reside within the exterior boundaries of the Shenandoah National Park or at a place reasonably adjacent to the park, the place of residence to be designated by the Secretary of the Interior: And provided further, That all fees, costs,

Disposal of fees, etc.

and expenses collected by the commissioner shall be disposed of as provided in section 11 of this Act.

Sec. 10.

That all fees, costs, and expenses arising in cases under

Fees chargeable to United States, payment of.

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.

Sec. 11.

That all fines and costs imposed and collected shall be

Deposit of fines and costs.

deposited by said commissioner of the United States, or the marshal of the United States collecting the same, with the clerk of the United States District Court for the Western District of Virginia.