ATTACHMENT A  to Testimony of Kantishna Inholders Association, February 9, 2000

Issues and controversies relating to access across conservation system lands and other public lands in Alaska under the Alaska National Interest Lands Conservation Act

STATUTORY LANGUAGE (DENALI NATIONAL PARK ENABLING ACT)

DENALI NATIONAL PARK ENABLING STATUTE KIA COMMENT
16 USC Sec. 347 01/05/99

TITLE 16 - CONSERVATION

CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

SUBCHAPTER XXXIX - DENALI NATIONAL PARK

Sec. 347. Establishment; boundaries

The tract of land in the Territory of Alaska particularly described by and included within the metes and bounds, to wit: Beginning at a point as shown on Plate III, reconnaissance map of the Mount McKinley region, Alaska, prepared in the United States Geological Survey, edition of 1911, said point being at the summit of a hill between two forks of the headwaters of the Toklat River, approximate latitude sixty-three degrees forty-seven minutes, longitude one hundred and fifty degrees twenty minutes; thence south six degrees twenty minutes west nineteen miles; thence south sixty-eight degrees west sixty miles; thence in a southeasterly direction approximately twenty-eight miles to the summit of Mount Russell; thence in a northeasterly direction approximately eighty-nine miles to a point twenty-five miles due south of a point due east of the point of beginning; thence due north twenty-five miles to said point; thence due west twenty-eight and one-half miles to the point of beginning, is reserved and withdrawn from settlement, occupancy, or disposal under the laws of the United States, and said tract is dedicated and set apart as a public park for the benefit and enjoyment of the people, under the name of the Denali National Park. In addition to the above-described tract, all those lands lying between the south, east, and north boundaries above described and the following described boundary are made a part of and included in the Denali National Park for all purposes, to wit: Beginning at the summit of Mount Russell, which is the present southwest corner of the park; thence in a northeasterly direction one hundred miles, more or less, to a point on the one hundred and forty-ninth meridian, which is twenty-five miles south of a point due east of the upper northwest corner of the park; thence north along the one hundred and forty-ninth meridian twenty-five miles; thence west forty miles, more or less, to the upper northwest corner of Denali National Park as existing prior to January 30, 1922. (Feb. 26, 1917, ch. 121, Sec. 1, 39 Stat. 938; Jan. 30, 1922, ch. 39, 42 Stat. 359; Pub. L. 96-487, title II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382; Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)

 

 

 

 

 

 

included in NPS selective quote from enabling legislation

Sec. 348. Entries under land laws not affected

Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, prior to February 26, 1917, whether for homestead, mineral, right of way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. (Feb. 26, 1917, ch. 121, Sec. 2, 39 Stat. 938.)

Sec. 349. Rights-of-way

Whenever consistent with the primary purposes of Denali National Park, section 79 of this title shall be applicable to the lands included within the park. (Feb. 26, 1917, ch. 121, Sec. 3, 39 Stat. 938; Pub. L. 96-487, title II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)

Sec. 350. Repealed in order to close area to entry and location under the Mining Law of 1872, subject to valid existing rights.

Sec. 351. Control; rules and regulations

Denali National Park shall be under the executive control of the Secretary of the Interior, and it shall be the duty of the said executive authority, as soon as practicable, to make and publish such rules and regulations not inconsistent with the laws of the United States as the said authority may deem necessary or proper for the care, protection, management, and improvement of the same, the said regulations being primarily aimed at the freest use of the said park for recreation purposes by the public and for the preservation of animals, birds, and fish and for the preservation of the natural curiosities and scenic beauties thereof. (Feb. 26, 1917, ch. 121, Sec. 5, 39 Stat. 938; Pub. L. 96-487, title II, Sec. 202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)

 

key passage left out of NPS selective quote from enabling legislation

included in NPS selective quote from enabling legislation

 

Sec. 352. Game refuge; killing game

The said park is established as a game refuge, and no person shall kill any game in said park except under an order from the Secretary of the Interior for the protection of persons or to protect or prevent the extermination of other animals or birds. (Feb. 26, 1917, ch. 121, Sec. 6, 39 Stat. 939; May 21, 1928, ch. 654, Sec. 2, 45 Stat. 622.) Act May 21, 1928, struck out provision that prospectors and miners could kill game or birds needed for actual necessities when short of food.

Sec. 353. Leases

The Secretary of the Interior may, in his discretion, execute leases to parcels of ground not exceeding twenty acres in extent for periods not to exceed twenty years whenever such ground is necessary for the erection of establishments for the accommodation of visitors; may grant such other necessary privileges and concessions as he deems wise for the accommodation of visitors; and may likewise arrange for the removal of such mature or dead or down timber as he may deem necessary and advisable for the protection and improvement of the park. (Feb. 26, 1917, ch. 121, Sec. 7, 39 Stat. 939; May 21, 1928, ch. 654, Sec. 1, 45 Stat. 622.)

Sec. 354. Offenses; punishment

Any person found guilty of violating any of the provisions of this subchapter 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. (Feb. 26, 1917, ch. 121, Sec. 8, 39 Stat. 939.)

 

key passage left out of NPS selective quote from enabling legislation