--- kind: "range" citation: "16 U.S.C. §§ 23–36" title: "16" from: "23" to: "36" count: 13 release: "119-102" url: "https://uscodex.org/usc/16/23..36" --- # §23. Detail of troops for protection of park The [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, upon the request of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, is authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the [park](/usc/16/410r–5.md?p=c-3) for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such [persons](/usc/16/450rr–1.md?p=b) from the [park](/usc/16/410r–5.md?p=c-3) if found therein. # §24. Jurisdiction over park; fugitives from justice The Yellowstone [National Park](/usc/16/410hhh–1.md?p=5), as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States. All the laws applicable to places under the sole and exclusive jurisdiction of the United States, shall have force and effect in said [park](/usc/16/410r–5.md?p=c-3). Nothing in this Act shall be construed to forbid the service in the [park](/usc/16/410r–5.md?p=c-3) of any civil or criminal process of any court having jurisdiction in the [States](/usc/16/544.md?p=r) of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said [park](/usc/16/410r–5.md?p=c-3) shall be subject to the same laws as refugees from justice found in the [State](/usc/16/6456.md?p=2) of Wyoming. # [§25. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 — repealed] # §26. Regulations for hunting and fishing in park; punishment for violations; forfeitures All hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said [park](/usc/16/410r–5.md?p=c-3); nor shall any fish be taken out of the waters of the [park](/usc/16/410r–5.md?p=c-3) by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the [park](/usc/16/410r–5.md?p=c-3) 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](/usc/16/410r–5.md?p=c-3); and for the protection of the animals and birds in the [park](/usc/16/410r–5.md?p=c-3), from capture or destruction, or to prevent their being frightened or driven from the [park](/usc/16/410r–5.md?p=c-3); and he shall make rules and regulations governing the taking of fish from the streams or lakes in the [park](/usc/16/410r–5.md?p=c-3). Possession within the said [park](/usc/16/410r–5.md?p=c-3) of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the [person](/usc/16/450rr–1.md?p=b) or [persons](/usc/16/450rr–1.md?p=b) having the same are guilty of violating this Act. Any [person](/usc/16/450rr–1.md?p=b) or [persons](/usc/16/450rr–1.md?p=b), or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding $300. Any [person](/usc/16/450rr–1.md?p=b) found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior with reference to the management and care of the [park](/usc/16/410r–5.md?p=c-3), 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](/usc/16/410r–5.md?p=c-3), or for the protection of the animals, birds, and fish in the said [park](/usc/16/410r–5.md?p=c-3), shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings. All guns, traps, teams, horses, or means of transportation of every nature or description used by any [person](/usc/16/450rr–1.md?p=b) or [persons](/usc/16/450rr–1.md?p=b) within said [park](/usc/16/410r–5.md?p=c-3) limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said [park](/usc/16/410r–5.md?p=c-3) and held pending the prosecution of any [person](/usc/16/450rr–1.md?p=b) or [persons](/usc/16/450rr–1.md?p=b) arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such [person](/usc/16/450rr–1.md?p=b) or [persons](/usc/16/450rr–1.md?p=b) using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in [addition](/usc/16/410r–5.md?p=c-2) to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior. # [§§27 to 29. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 — repealed] # §30. Jail building; office of magistrate judge The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall cause to be erected in Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) a suitable building to be used as a jail, and also having in said building an office for the use of the United States magistrate judge. # §30a. Existing laws as affected This Act shall not be construed to repeal existing laws conferring upon the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army certain powers with reference to the protection, improvement, and control of the said Yellowstone [National Park](/usc/16/410hhh–1.md?p=5). # [§31. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 — repealed] # §32. Lease of lands within park The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized and empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any [person](/usc/16/450rr–1.md?p=b), corporation, or company he may authorize to transact business in the Yellowstone [National Park](/usc/16/410hhh–1.md?p=5), separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any one [person](/usc/16/450rr–1.md?p=b), corporation, or company, in said [park](/usc/16/410r–5.md?p=c-3) as the comfort and convenience of visitors may require for the construction and maintenance of substantial hotel buildings and buildings for the protection of stage, stock, and equipment. Such lease or leases shall not include any of the geysers or any objects of curiosity or interest in said [park](/usc/16/410r–5.md?p=c-3), or exclude the public from free and convenient approach thereto, or include any ground within one-eighth of a mile of any of the geysers of the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the [park](/usc/16/410r–5.md?p=c-3); nor shall such lease convey either expressly or by implication any exclusive privilege within the [park](/usc/16/410r–5.md?p=c-3), except on the premises held thereunder and for the time therein granted. Every lease made for any property of said [park](/usc/16/410r–5.md?p=c-3) shall require the lessee to observe and obey each and every provision in any Act of Congress, every rule, order, or regulation made or which shall hereafter be made and published by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior concerning the use, care, management, or government of the [park](/usc/16/410r–5.md?p=c-3), or any object or property therein under penalty of forfeiture of such lease, and shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior. The provisions of this section are not to be construed as mandatory upon the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, but the authority herein given is to be exercised in his sound discretion. # §33. Mortgages by lessees within the park Any [person](/usc/16/450rr–1.md?p=b), corporation, or company holding a lease within Yellowstone [Park](/usc/16/410r–5.md?p=c-3) for the purposes described in [section 32 of this title](/usc/16/32.md) is authorized, with the approval of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, and such mortgages, together with the approval of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may be filed for record in the office of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, and when so recorded shall have all the effect of a public record. Any mortgage, lien, or encumbrance created under the provisions of this section shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor. # §34. Road extensions Road extensions and improvements shall be made in the Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) under and in harmony with the general plan of roads and improvements to be approved by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior. # §35. Private use of electricity from lighting and power plant Private parties or companies doing business in the Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) under authority from the Government may be permitted, in the discretion of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, to use electricity furnished by the electric lighting and power plant of Fort Yellowstone and Mammoth Hot Springs at actual cost to the Government for operation, maintenance, and depreciation of the plant and 10 per centum additional, under such regulations as may be prescribed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army. # §36. Disposition of surplus elk, buffalo, bear, beaver, and predatory animals The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized, in his discretion and under regulations to be prescribed by him, to give surplus elk, buffalo, bear, beaver, and predatory animals inhabiting Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) to Federal, [State](/usc/16/6456.md?p=2), county, and municipal authorities for [preserves](/usc/16/410hhh–1.md?p=7), zoos, zoological gardens, and [parks](/usc/16/410r–5.md?p=c-3). He may sell or otherwise dispose of the surplus buffalo of the Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) herd, and all moneys received from the sale of any such surplus buffalo shall be deposited in the Treasury of the United States as miscellaneous receipts.