---
kind: "range"
citation: "16 U.S.C. §§ 37–40"
title: "16"
from: "37"
to: "40"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/16/37..40"
---

# §37. Provision of feed and range facilities for game animals


As a means of providing within township 8 south, ranges 7 and 8 east, and township 9 south, ranges 7, 8, and 9 east, Montana principal meridian, the winter range and winter feed facilities indispensable for the adequate and proper protection, preservation, and propagation of the elk, antelope, and other game animals of the Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) and adjacent lands, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, in his discretion, and subject to the limitation hereinafter prescribed may, and is, authorized to perform the following acts:

- (a) Accept and deposit in a special [fund](/usc/16/1421h.md?p=2) in the Treasury, and expend for the [acquisition](/usc/16/620e.md?p=1) of lands as herein authorized, private [funds](/usc/16/1421h.md?p=2) donated for such purpose.
- (b) [Acquire](/usc/16/620e.md?p=1) by purchase, or by acceptance of donations or bequests, such lands in private or [State](/usc/16/6456.md?p=2) ownership within the townships above described as he may deem necessary to carry out the purpose of [sections 37 to 40](/usc/16/37..40.md) of this title.

# §38. Exchange for State or private lands authorized


The [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or [State](/usc/16/6456.md?p=2) ownership within the townships described in [section 37 of this title](/usc/16/37.md), and in exchange therefor may patent not to exceed an equal value of [national forest](/usc/16/5207.md?p=3) land in the [State](/usc/16/6456.md?p=2) of Montana, surveyed and nonmineral in character, or the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture may authorize the grantor to cut and remove not to exceed an equal value of timber within the [national forests](/usc/16/5207.md?p=3) of said [State](/usc/16/6456.md?p=2), the values in each case to be determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture: Provided, That before any such exchange is effected, notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or [counties](/usc/16/544.md?p=d) in which may be situated the lands to be accepted and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in exchange shall be cut and removed from [national forests](/usc/16/5207.md?p=3) under the laws and regulations relating to the [national forests](/usc/16/5207.md?p=3) and under the direction and supervision and in accordance with the requirements of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture.


# §39. Reservation of timber, minerals, or easements by owners on exchange


Reservations of timber, minerals, or easements, the values of which shall be duly considered in determining the values of the lands conveyed, may be made by the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) thereof in lands conveyed to the United States under the provisions of [sections 37 to 40](/usc/16/37..40.md) of this title. Where such reservations are made, the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior or the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, whichever may be responsible for the handling and use of the land as provided in said sections: Provided, That all property, rights, easements, and benefits authorized by this section to be retained by or reserved to [owners](/usc/16/429b–3.md?p=4) of land conveyed to the United States shall be subject to the tax laws of the [States](/usc/16/544.md?p=r) where such lands are located.


# §40. Additions to park; entry under other acts


The President of the United States is authorized, in his discretion, to add by Executive proclamation to Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) any or all of the lands within a certain territory or tract in township 9 south, ranges 7 and 8 east, Montana principal meridian, to wit: Beginning at a point on the north line of said Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) where said line crosses the divide between Reese Creek and Mol Heron Creek, thence northeasterly along said divide to the junction of said divide with the branch divide north and west of Reese Creek; thence along said branch divide in a northeasterly and easterly direction around the drainage of Reese Creek, to the Yellowstone River; thence southerly and southeasterly along the west bank of the Yellowstone River to the line marking the western limits of the town of Gardiner, Montana; thence south on said town limits line to the northern boundary of Yellowstone [National Park](/usc/16/410hhh–1.md?p=5); thence west along the north boundary of Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) to the point of beginning, which are unappropriated lands of the United States or which may be acquired by the United States under the provisions of [sections 37 to 40](/usc/16/37..40.md) of this title, within the territory described in this section, subject, however, to all valid existing claims and to reservations such as are authorized by [section 39 of this title](/usc/16/39.md); but, with the exception of valid existing claims, no land so added to Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) shall be subject to entry under the mining laws of the United States: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for such lands as are added to Yellowstone [National Park](/usc/16/410hhh–1.md?p=5) may provide by rules and regulations for the management and use of the added lands as may in his discretion be necessary to accomplish the purposes of [sections 37 to 40](/usc/16/37..40.md) of this title: And provided further, That the lands of the United States acquired by donation or purchase within the [area](/usc/16/539m–1.md?p=1-A) described in [section 37 of this title](/usc/16/37.md) shall not be subject to location and entry under the mining laws of the United States nor the Act of June 11, 1906, authorizing homestead entries in [national forests](/usc/16/5207.md?p=3).