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US Code governing Mount Rainier National Park
MPG V2.8, January 2013

Introduction

As a National Park, Mount Rainier National Park (NP) is under the operation and management of the National Park Service (NPS), Department of the Interior. That said, it is the jurisdiction of Congress to pass the laws, signed by the President, which defines the appropriations (funds) and legal matters for the NP and which are implemented or translated into policies and regulations by the NPS for Mt. Rainier NP.

Types of Laws

Overview   Reserve   Designation   Specific   US Code   General   Regulations   Other   Resources  

Background

The laws which governs the NPS and their responsibilities with and in Mt. Rainier NP are published in the US Statutes. Since these are published in chronological order, as they are passed by Congress and signed into law by the President, they are not easily or readily accessible for legal research. To resolve this the US Code system was established, published and routinely updated (current here to February 1, 2010).

The US Code provides teh laws by topic from the general to the specific. The laws governing Mt. Rainier NP over the years are in their own Subchapter, USC Title 16 C1, SC XI, which are then divided into individual sections (§) 91 to 110d, not completely exact or legal transcriptions, but useful for reference to the actual law.

In addition some code sections have notes, defined in Wikipedia as, "When the bill is codified, its various provisions might well be placed in different parts of those various Titles. Traces of this process are generally found in the Notes accompanying the "lead section" associated with the popular name, and in cross-reference tables that identify Code sections corresponding to particular Acts of Congress."

Below are the subchapters with selected or descriptive text and the current status and any applicable notes associated with the section as indicated at the end of the section.

Subchapter XI - Mount Rainier National Park

§ 91. Establishment; boundaries; trespassers.-- "All those certain tracts, pieces, or parcels of land lying and being in the State of Washington, and within the boundaries particularly described as follows, to wit: ...[boundary description]..., are dedicated and set apart as a public park to be known and designated as the Mount Rainier National Park, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereafter provided, shall be considered trespassers and be removed therefrom." (Full Text and Notes)

§ 92. Control; regulations; grants for buildings; rights-of-way; fish and game; removal of trespassers.-- "Mount Rainier National Park shall be under the exclusive control of the Secretary of the Interior. In addition to the powers and duties enumerated in section 3 of this title, not inconsistent with this section, he shall make regulations providing for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and their retention in their natural condition..." (Full Text and Notes)

§ 92a. Rights-of-way for railways, tramways, and cable lines.-- "The provisions of section 92 of this title, granting rights-of-way, under such restrictions and regulations as the Secretary of the Interior may establish, to any railway or tramway company or companies for the purpose of building, constructing, and operating a railway, constructing and operating a railway or tramway line or lines, so far as the same relate to lands within the Mount Rainier National Park, Washington, are repealed: ..." (Full Text and Notes)

§ 93. Grant of prior lands to Northern Pacific Railroad; lieu lands to settlers.-- "Upon execution and filing with the Secretary of the Interior, by the Northern Pacific Railroad Company, of proper deed releasing and conveying to the United States the lands in Mount Rainier National Park, also the lands in the Pacific National Forest which have been heretofore granted by the United States to said company,..." (Full Text and Notes)

§ 94. Location of mining claims.-- "The location of mining claims under the mineral land laws of the United States is prohibited within the area of the Mount Rainier National Park, in the State of Washington..." (Full Text and Notes)

§ 95. Jurisdiction by the United States; fugitives from justice.-- "Sole and exclusive jurisdiction is assumed by the United States over the territory embraced within the Mount Rainier National Park, saving, however, to the State of Washington the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park,..." (Full Text and Notes)

§§ 96, 97. Repealed.].-- "Section 96, act June 30, 1916, ch. 197, § 2, 39 Stat. 244, related to inclusion of park in judicial district. See section 128 of Title 28, Judiciary and Judicial Procedure.
Section 97, act June 30, 1916, ch. 197, § 3, 39 Stat. 244, related to offenses and punishment. See section 13 of Title 18, Crimes and Criminal Procedure." (Full Text)

§ 98. Protection of game and fish; forfeitures and punishments.-- "All hunting or the killing, wounding, or capturing at 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 the waters of the park 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 of the Interior..." (Full Text and Notes)

§ 99. Forfeitures and seizures of guns, traps, teams, etc..-- "All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and..." (Full Text and Notes)

§§ 100 to 105. Repealed.].-- "Section 100, acts June 30, 1916, ch. 197, § 6, 39 Stat. 245; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 101, act June 30, 1916, ch. 197, § 7, 39 Stat. 245, related to arrest and bail by commissioner [now magistrate judge].
Section 102, act June 30, 1916, ch. 197, § 8, 39 Stat. 245, related to issuance of process.
Section 103, acts June 30, 1916, ch. 197, § 9, 39 Stat. 246; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to salary of commissioner [now magistrate judge].
Section 104, act June 30, 1916, ch. 197, § 11, 39 Stat. 246, related to disposition of fines and costs.
Section 105, act June 30, 1916, ch. 197, § 10, 39 Stat. 246, related to fees, costs, and expenses chargeable to the United States." (Full Text)

§ 106. Repealed.].-- "Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 152, related to donations of patented lands or rights-of-way. See section 6 of this title." (Full Text)

§ 107. Boundary changed.-- "The boundary of the Mount Rainier National Park is changed so as to read as follows:... [boundary description] ...and all of those lands lying within the boundary above described are hereby included in and made a part of the Mount Rainier National Park; and all of those lands of the present Mount Rainier National Park excluded from the park are included in and made a part of the Rainier National Forest, subject to all national forest laws and regulations." (Full Text)

§ 108. Other laws extended to added lands.-- "The provisions of sections 1, 2, 3, 4, 91, 92, 93, 95, 98 and 99 of this title, and all Acts supplementary to and amendatory of said sections are made applicable to and extended over the lands added to the park by section 107 of this title: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.], shall not apply to or extend over such lands." (Full Text and Notes)

§ 109. Additional lands.-- "The tract of land within the following-described boundaries is excluded from the Rainier National Forest and is added to and made a part of the Mount Rainier National Park, in the State of Washington:... [boundary description] ..." (Full Text and Notes)

§ 110. Laws and regulations applicable to added lands; free use of roads maintained by State.-- "All laws applicable to and in force within the Mount Rainier National Park as of January 31, 1931, and all regulations issued pursuant thereto, are made applicable to and extended over the land added to the said park by section 109 of this title: Provided, That no fee or charge shall be made by the United States for the use of any roads in said park built or maintained exclusively by the State of Washington." (Full Text and Notes)

§ 110a. Headquarters site; acquisition of lands.-- "In order to apply the present headquarters site in Mount Rainier National Park to public use for which it is more suitable and to provide a headquarters for the park, the Secretary of the Interior is authorized to provide a park headquarters in the general vicinity of Ashford, Washington, and for such purpose to acquire in this vicinity, by such means as he may deem to be in the public interest, not more than three hundred acres of land, or interest therein." (Full Text and Notes)

§ 110b. Administration of headquarters site.-- "The headquarters site provided pursuant to section 110a of this title shall constitute a part of Mount Rainier National Park and be administered in accordance with the laws applicable thereto." (Full Text and Notes)

§ 110c. Boundary adjustments.-- This code has multiple provisions for the adjustment of lands in Mount Rainier National Park and in the Snoqualmie and Gifford Pinchot National Forests. Lands are identified for transfer between the NP and the USFS lands along with provisions for the administration of said lands. (Full Text and Notes)

§ 110d. Mount Rainier National Park Boundary Adjustment.-- This code has multiple provisions for the boundary adjustment, administration of lands and the acquistion of land to be included in Mount Rainier National Park. (Full Text and Notes)

As you can see, this makes finding the laws which apply to Mt. Rainier NP easier with references to the actual statutes. Ok, for a legal reseascher, but for the rest of us, it's interesting.

Additional Resources

Below are sources with the full text and some with summary information of the historical or current laws governing the National Park Service's operation and management of Mount Rainier National Park.

Resources

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WSR V2.8, January 2013