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Title 16 — Conservation

Chapter 1 — National Parks, Military Parks, Monuments, and Seashores

§ 255. Effect on existing homestead, mineral, etc., entries; revision of boundaries

Statutory text

Nothing contained herein shall affect any valid existing claim, location, or entry made under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land, nor the rights reserved by treaty to the Indians of any tribes. The boundaries of Olympic National Park may be revised only by Act of Congress.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. An Act to establish a National Park Service, and for other purposes

    Pub. L. 75–812 § 5 · 52 Stat. 1241

    Enacted · 16 U.S.C. § 255

    June 29, 1938, ch. 812, § 5, 52 Stat. 1242

    Source evidence

    Code source credit
    June 29, 1938, ch. 812, § 5, 52 Stat. 1242

    Enacted provision · exact public law section
    Sec. 5. Nothing herein contained shall affect any valid existing claim, location, or entry made under the land laws of the United States, whether for homestead, mineral, right-of-way, or any other purpose whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land, nor the rights reserved by treaty to the Indians of any tribes. Additions to Park. The President may after eight months from the approval of this Act by proclamation add to the Olympic National Park any lands within the boundaries of the Olympic National Forest, and any lands which may be acquired by the Government by gift or purchase, which he may deem it advisable to add to such park; and any lands so added to such park shall, upon their addition thereto, become subject to all laws and regulations applicable to other lands within such Provisos. Limitation. park: Provided, That the total area of the said park shall not exceed eight hundred and ninety-eight thousand two hundred and ninety-two Consultation before issuance of proclamation. acres: Provided further, That before issuing any such proclamation, the President snail consult with the Governor of the State of Washington, the Secretary of the Interior, and the Secretary of Agriculture and advise them of the lands which he proposes to add to such park, and shall afford them a reasonable opportunity to consult with and communicate to him their views and recommendations with respect to the addition of such lands to such park.

  2. Pub. L. 94–578 title III § 320(c) · 90 Stat. 2732

    Substituted · 16 U.S.C. § 255

    Pub. L. 94–578 substituted “The boundaries of Olympic National Park may be revised only by Act of Congress” for “The President may after eight months from June 29, 1938 by proclamation add to the Olympic National Park any lands within the boundaries of the Olympic National Forest, and any lands which may be acquired by the Government by gift or purchase, which he may deem it advisable to add to such park; and any lands so added to such park shall, upon their addition thereto, become subject to all laws and regulations applicable to other lands within such park: Provided, That the total area of the said park shall not exceed eight hundred and ninety-eight thousand two hundred and ninety-two acres: Provided further, That before issuing any such proclamation, the President shall consult with the Governor of the State of Washington, the Secretary of the Interior, and the Secretary of Agriculture and advise them of the lands which he proposes to add to such park, and shall afford them a reasonable opportunity to consult with and communicate to him their views and recommendations with respect to the addition of such lands to such park.”

    Source evidence

    Code amendment note
    Pub. L. 94–578 substituted “The boundaries of Olympic National Park may be revised only by Act of Congress” for “The President may after eight months from June 29, 1938 by proclamation add to the Olympic National Park any lands within the boundaries of the Olympic National Forest, and any lands which may be acquired by the Government by gift or purchase, which he may deem it advisable to add to such park; and any lands so added to such park shall, upon their addition thereto, become subject to all laws and regulations applicable to other lands within such park: Provided, That the total area of the said park shall not exceed eight hundred and ninety-eight thousand two hundred and ninety-two acres: Provided further, That before issuing any such proclamation, the President shall consult with the Governor of the State of Washington, the Secretary of the Interior, and the Secretary of Agriculture and advise them of the lands which he proposes to add to such park, and shall afford them a reasonable opportunity to consult with and communicate to him their views and recommendations with respect to the addition of such lands to such park.”

    Enacted provision · exact public law section
    (c) Section 5 of the said Act of June 29, 1938, is amended by deleting 16 USC 255. the second sentence, and inserting in lieu thereof: “The boundaries of Olympic National Park may be revised only by Act of Congress,”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

Herein, referred to in text, means act , which is classified to sections 251 and 252 to 255 of this title. For complete classification of this Act to the Code, see Tables.

The land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands.

Amendments

1976—Pub. L. 94–578 substituted “The boundaries of Olympic National Park may be revised only by Act of Congress” for “The President may after eight months from by proclamation add to the Olympic National Park any lands within the boundaries of the Olympic National Forest, and any lands which may be acquired by the Government by gift or purchase, which he may deem it advisable to add to such park; and any lands so added to such park shall, upon their addition thereto, become subject to all laws and regulations applicable to other lands within such park: Provided, That the total area of the said park shall not exceed eight hundred and ninety-eight thousand two hundred and ninety-two acres: Provided further, That before issuing any such proclamation, the President shall consult with the Governor of the State of Washington, the Secretary of the Interior, and the Secretary of Agriculture and advise them of the lands which he proposes to add to such park, and shall afford them a reasonable opportunity to consult with and communicate to him their views and recommendations with respect to the addition of such lands to such park.”

Executive Documents

Proclamation No. 3003

Proc. No. 3003, , 18 F.R. 169, enlarged the Olympic National Park by adding to it certain lands within the Olympic National Forest.

Credits

1938–1976 · 2 acts
  1. 1938June 29, 1938, ch. 812, § 5, 52 Stat. 1242
  2. 1976Pub. L. 94–578, title III, § 320(c), , 90 Stat. 2739.
Show as published

(June 29, 1938, ch. 812, § 5, 52 Stat. 1242; Pub. L. 94–578, title III, § 320(c), , 90 Stat. 2739.)

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