5. Mount Rainier National Park

Act of March 2, 1899, setting aside certain lands in the State of Washington as Mount Rainier National Park

Act of Legislature of Washington, approved March 16, 1901, ceding to the United States exclusive jurisdiction over Mount Rainier National Park

Act of June 30, 1916, accepting cession by Washington of exclusive jurisdiction over lands embraced within Mount Rainier National Park

Excerpt from Sundry Civil Act of May 27, 1908, prohibiting mining locations within Mount Rainier National Park

Excerpt from Sundry Civil Act of June 12, 1917, authorizing acceptance of patented lands and rights of way in Mount Rainier National Park that may be donated for park purposes

Act of May 28, 1926, revising the boundary of Mount Rainier National Park

Excerpt from act of January 26, 1931, to provide for uniform administration of the national parks, repealing grants of rights of way within Mount Rainier National Park, except for establishment and operation of a tramway or cable line or lines

Act of January 31, 1931, extending the south and east boundaries of Mount Rainier National Park

An Act To set aside a portion of certain lands in the State of Washington, now known as the "Pacific Forest Reserve," as a public park to be known as "Mount Rainier National Park," approved March 2, 1899 (30 Stat. 993)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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: Beginning at a point three miles east of the northeast corner of township numbered seventeen north of range six east of the Willamette meridian; thence south through the central parts of townships numbered seventeen, sixteen, and fifteen north, of range seven east of the Willamette meridian, eighteen miles more or less, subject to the proper easterly or westerly offsets, to a point three miles east of the northeast corner of township numbered fourteen north, of range six east of the Willamette meridian: thence east on the township line between townships numbered fourteen and fifteen north, eighteen miles more or less to a point three miles west of the northeast corner of township fourteen north, of range ten east of the Willamette meridian; thence northerly, subject to the proper easterly or westerly offsets, eighteen miles more or less, to a point three miles west of the northeast corner of township numbered seventeen north of range ten east of the Willamette meridian (but in locating said easterly boundary, wherever the summit of the Cascade Mountains is sharply and well defined, the said line shall follow the said summit, where the Said summit line bears west of the easterly line as herein determined); thence westerly along the township line between said townships numbered seventeen and eighteen to the place of beginning, the same being a portion of the lands which were reserved from entry or settlement and set aside as a public reservation by proclamation of the President on the twentieth day of February, in the year of our Lord eighteen hundred and ninety-three, and of the Independence of the United States the one hundred and seventeenth, are hereby 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. (U.S.C., title 16, sec. 91.)

SEC. 2. That said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to make, and publish, as soon as practicable, such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide 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. The Secretary may, in his discretion, grant parcels of ground at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases, and all other revenues that may be derived from any source connected with said park, to be expended under his direction in the management of the same and the construction of roads and bridle paths therein. And through the lands of the Pacific Forest Reserve adjoining said park rights of way are hereby granted, under such restrictions and regulations as the Secretary of the Interior may establish, to any railway or tramway company or companies, through the lands of said Pacific Forest Reserve, and also into said park hereby created, for the purpose of building, constructing, and operating a railway, constructing and operating a railway or tramway line or lines, through said lands, also into said park.¹ He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and generally shall be authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of this act. (U.S.C., title 16, sec. 92.)

¹Repealed, so far as relates to lands within Mount Rainier National park, by 46 Stat. 1044. See p. 109.

SEC. 3. That 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 the reservation hereby created, also the lands in the Pacific Forest Reserve which have been heretofore granted by the United States to said company, whether surveyed or unsurveyed, and which lie opposite said company's constructed road, said company is hereby authorized to select an equal quantity of non-mineral public lands, so classified as nonmineral at the time of actual Government survey, which has been or shall be made, of the United States not reserved and to which no adverse right or claim shall have attached or have been initiated at the time of the making of such selection, lying within any State into or through which the railroad of said Northern Pacific Railroad Company runs, to the extent of the lands so relinquished and released to the United States: Provided, That any settlers on lands in said national park may relinquish their rights thereto and take other public lands in lieu thereof, to the same extent and under the same limitations and conditions as are provided by law for forest reserves and national parks. (U.S.C., title 16, sec. 93.)

SEC. 4. That upon the filing by the said railroad company at the local land office of the land district in which any tract of land selected and the payment of the fees prescribed by law in analogous cases, and the approval of the Secretary of the Interior, he shall cause to be executed, in due form of law, and deliver to said company a patent of the United States conveying to it the lands so selected. In case the tract so selected shall at the time of selection be unsurveyed, the list filed by the company at the local land office shall describe such tract in such manner as to designate the same with a reasonable degree of etc. certainty; and within the period of three months after the lands including such tract shall have been surveyed and the plats thereof filed by said local land office, a new selection list shall be filed by said company, describing such tract according to such survey; and in case such tract, as originally selected and described in the list filed in the local land office, shall not precisely conform with the lines of the official survey, the said company shall be permitted to describe such tract anew, so as to secure such conformity.

SEC. 5. That the mineral-land laws of the United States are hereby extended to the lands lying within the said reserve and said park.

Act of Legislature of Washington, approved March 16, 1901, ceding to the United States exclusive jurisdiction over Mount Rainier National Park in the State of Washington. (Laws of Washington, 1901, p. 192)

Exclusive jurisdiction shall be, and the same is hereby, ceded to the United States over and within all the territory which is now or may hereafter be included in that tract of land in the State of Washington set aside for the purposes of a national park and known as "Rainier National Park," saving, however, to the said State 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 committed in said State, but 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: Provided, however, That jurisdiction shall not vest until the United States, through the proper officer, notifies the governor of this State that they assume police or military jurisdiction over said park.

An Act To accept the cession by the State of Washington of exclusive jurisdiction over the lands embraced within the Mount Rainier National Park, and for other purposes, approved June 30, 1916 (39 Stat. 243)

Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the provisions of the act of the legislature of the State of Washington, approved March sixteenth, nineteen hundred and one, ceding to the United States exclusive jurisdiction over the territory embraced within the Mount Rainier National Park, are hereby accepted and sole and exclusive jurisdiction is hereby assumed by the United States over such territory, saving, however, to the said State 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, 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. All the laws applicable to places under the sole and exclusive jurisdiction of the United States Shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Washington. (U.S.C., title 16, sec. 95.)

SEC. 2. That said park shall constitute a part of the United States judicial district for the western district of Washington, and the district court of the United States in and for said district shall have jurisdiction of all offenses committed within said boundaries. (U.S.C., title 16, sec. 96.)

SEC. 3. That if any offense shall be committed in the Mount Rainier National Park, which offense is not prohibited or the punishment for which is not specifically provided for by any law of the United States, the offender shall be subject to the same punishment as the laws of the State of Washington in force at the time of the commission of the offense may provide for a like offense in said State; and no subsequent repeal of any such law of the State of Washington shall affect any prosecution for said offense committed within said park. (U.S.C., title 16, sec. 97.)

SEC. 4. That 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 in jury, 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. That the Secretary 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 and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits other than those legally located prior to the passage of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, page three hundred sixty-five), 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 park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession 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 the 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 park or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits other than those legally located prior to the passage of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, page three hundred and sixty-five), natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits other than those legally located prior to the passage of the Act of May twenty-seventh, nineteen hundred and eight (Thirty-fifth Statutes, page three hundred and sixty-five), natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor 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 costs of the proceedings. (U.S.C., title 16, sec. 98.)

SEC. 5. That 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 held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition 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 of the Interior. (U.S.C., title 16, sec. 99.)

SEC. 6. That the United States District Court for the Western District of Washington shall appoint a commissioner who shall reside in the park and 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 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 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 Washington, and the United States district court in said 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. (U.S.C., title 16, sec. 100.)

SEC. 7. That any such commissioner shall also have power to issue process as hereinbefore provided for the arrest of any person charged with the commission within said boundaries of any criminal offense not covered by the provisions of section four of this Act to hear the evidence introduced, and if he is of 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 of the United States District Court for the Western District of Washington, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which court shall 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. (U.S.C., title 16, sec. 101.)

SEC. 8. That all process issued by the commissioner shall be directed to the marshal of the United States for the western district of Washington, 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 in the policing of said reservation within said boundaries without process of any person taken in the act of violating the law or this Act or the regulations prescribed by said Secretary as aforesaid. (U.S.C., title 16, sec. 102.)

SEC. 9. That the commissioner provided for in this Act shall be paid an annual salary of $1,500, payable quarterly: Provided, That the said commissioner shall reside within the exterior boundaries of said Mount Rainer National Park, at a place to be designated by the court making such appointment: And provided further, That all fees, costs, and expenses collected by the commissioner shall be disposed of as provided in section eleven of this Act. (U.S.C., title 16, sec. 103.)

²Salary of United states commissioner amended by current Appropriation Acts.

SEC. 10. That all fees, costs, and expenses arising in cases under 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. (U.S.C., title 16, sec. 105.)

SEC. 11. That all fines and costs imposed and collected shall be 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 Washington. (U.S.C., title 16, sec. 104.)

SEC. 12. That the Secretary of the Interior shall notify, in writing, the governor of the State of Washington of the passage and approval of this Act.

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1809, and for other purposes," approved May 27, 1908 (35 Stat. 365)³

³Amends section 5, 30 Stat. 993. See p. 103.

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: Provided, however, That this provision shall not affect existing rights heretofore acquired in good faith under the mineral land laws of the United States to any mining location or locations in said Mount Rainier National Park. (U.S.C., title 16, sec. 94.)

Excerpt from "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1918, and for other purposes," approved June 12, 1917 (40 Stat. 152)

The Secretary of the Interior is authorized to accept patented lands or rights of way over patented lands in the Mount Rainier National Park that may be donated for park purposes. (U.S.C., title 16, sec. 106.)

An Act To revise the boundary of the Mount Rainier National Park in the State of Washington, and for other purposes, approved May 28, 1926 (44 Stat. 668)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the boundary of the Mount Rainier National Park is hereby changed so as to read as follows: Beginning at park boundary monument numbered 1, established on the east line of section 4, township 17 north, range 7 east, Willamette meridian, by a survey of the boundaries of Mount Rainier National Park, Washington, by the General Land Office, plat dated April 17, 1909; thence southerly along the present west park boundary line as established by said survey, being the midtownship line of range 7 east, to its intersection with the south bank of Nisqually River; thence easterly along said bank to its intersection with the present south park boundary line at a point east of park boundary monument numbered 28, as established by said survey, being the township line between townships 14 and 15 north; thence easterly along said south park boundary line to the southeast corner of the present park boundary; thence northerly along the present east park boundary line to park boundary monument numbered 59 as established by said survey, being the midtownship line of range 10 east; thence due north to the south bank of White River; thence northeasterly along said bank to a point due east of park boundary monument numbered 67; thence due west to said monument numbered 67; thence westerly along the present north park boundary line, as established by said survey, being the township line between townships 17 and 18 north to its intersection with the north bank of Carbon River; thence westerly along said bank to a point due north of park boundary monument numbered 1; thence due south to place of beginning; 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 hereby included in and made a part of the Rainier National Forest, subject to all national forest laws and regulations. (U.S.C., 6th supp., title 16, sec. 107.)

SEC. 2. That the provisions of the Act of March 2, 1899, entitled, "An Act to set aside a portion of certain lands in the State of Washington, now known as the 'Pacific Forest Reserve,' as a public park, to be known as the "Mount Rainier National Park," the Act of June 10, 1916, entitled "An Act to accept the cession by the State of Washington of exclusive jurisdiction over the lands embraced within the Mount Rainier National Park, and for other purposes," the Act of August 25, 1916, entitled "An Act to establish a national park service, and for other purposes," and all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands hereby added to the park: Provided, That the provisions of the Act of June 10, 1920, entitled "An Act to create a Federal power commission to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes," shall not apply to or extend over such lands. (U.S.C., 6th supp., title 16, sec. 108.)

Excerpt from "An Act To provide for uniform administration of the national parks by the United States Department of the Interior, and for other purposes," approved January 26, 1931 (46 Stat. 1044)

The provisions of the Act of March 2, 1899 (30 Stat. 993), 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 repealed. See 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 hereby repealed: Provided, however, That nothing herein shall be construed so as to prohibit the Secretary of the Interior from authorizing the use of land in said park under contract, permit, lease, or otherwise, for the establishment and operation thereon of a tramway or cable line, or lines, for the accommodation or convenience of visitors and others. (U.S.C., 6th supp., title 16, sec. 92a.)

An Act To extend the south and east boundaries of the Mount Rainier National Park, in the State of Washington, and for other purposes, approved January 31, 1931 (46 Stat. 1047)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of land within the following described boundaries be, and the same is hereby, excluded from the Rainier National Forest and is hereby added to and made a part of the Mount Rainier National Park, in the State of Washington:

Beginning at a point on the present east boundary of Mount Rainier National Park one and one quarter miles southerly from the northeast corner of the said park as fixed by the Act of May 28, 1926 (44 Stat. 668); thence extending east to the summit of the hydrographic divide between Silver Creek and White River; thence along the summit of Crystal Mountain to the summit of the Cascade Mountains; thence southerly along the summit of the Cascade Mountains to a point in section 20, township 15 north, range 11 east, Willamette meridian, whence flow the waters of Bumping River to the east and Carlton and Cougar Creeks to the south and west; thence southwesterly along the summit of the divide between Carlton Creek and the waters flowing into the main fork of Ohanapecosh River to the quarter section line of section 9, township 14 north, range 10 east, Willamette meridian; thence westerly along the quarter section line of sections 9, 8, and 7 to the west boundary of said township; thence due west to the right or west bank of Muddy Fork of the Cowlitz River; thence northerly along the right bank of said Muddy Fork to a point exactly due east of post numbered 34 on the south boundary of Mount Rainier National Park as surveyed in 1908; thence due west to said post numbered 34; thence along the boundary of said park as surveyed in 1908 to post numbered 35; thence easterly along the south boundary of said national park as surveyed in 1908 to the southeast corner thereof; thence northerly along the east boundary of said national park as surveyed in 1908 to post numbered 59; thence along the east boundary of said park as revised by the Act of May 28, 1928, supra, northerly to the point of beginning. (U.S.C., 6th supp., title 16, sec. 109.)

SEC. 2. All laws applicable to and in force within the Mount Rainier National Park as of the date hereof, and all regulations issued pursuant thereto, are hereby made applicable to and extended over the land added to the said park by this Act: 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. (U.S.C., 6th supp., title 16, sec. 110.)

17. Mount Rainier National Park

Secretary of the Interior authorized to acquire the property and facilities of the Rainier National Park Company Act of September 21, 1950

Secretary of the Interior authorized to provide a headquarters Site for park in general vicinity of Ashford, Washington Act of June 27, 1960

An Act Authorizing the Secretary of the Interior to acquire on behalf of the United States Government all property and facilities of the Rainier National Park Company, approved September 21, 1950 (64 Stat. 895)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized, in his discretion and under such terms and conditions as he may deem proper, to acquire on behalf of the United States, at a price considered by him to be reasonable, all of the property and facilities of the Rainier National Park Company within the Mount Rainier National Park used for the purpose of furnishing accommodations and conveniences to the public visiting said park, excluding, however, such facilities of the company as are used in furnishing transportation for the said park.

SEC. 2. There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, such sum or sums as may be necessary to carry out the provisions of this Act.

An Act To authorize the Secretary of the Interior to provide a headquarters site for Mount Rainier National Park in the general vicinity of Ashford, Washington, and for other purposes, approved June 27, 1960 (74 Stat. 219)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, 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. (16 U.S.C. § 110a [Supp. II].)

SEC. 2. The headquarters site provided pursuant to this Act shall constitute a part of Mount Rainier National Park and be administered in accordance with the laws applicable thereto. (16 U.S.C. § 110b [Supp. II].)