Appendix A
Legislation About the Yosemite
In the year 1864, Congress passed the
following act:--
ACT OF JUNE 30, 1864 (13 STAT., 325).
An Act Authorizing a grant to the State of California of the "Yo-Semite
Valley," and of the land embracing the "Mariposa Big Tree Grove."
"Be it enacted by the Senate and House of
Representatives of the
United
States of America, in Congress assembled, That there shall be, and
is
hereby, granted to the State of California, the 'Cleft' or 'Gorge' in
the Granite Peak of the Sierra Nevada Mountains, situated in the county
of Mariposa, in the State aforesaid, and the headwaters of the Merced
River, and known as the Yosemite Valley, with its branches and spurs,
in
estimated length fifteen miles, and in average width one mile back from
the main edge of the precipice, on each side of the Valley, with the
stipulation, nevertheless, that the said State shall accept this grant
upon the express conditions that the premises shall be held for public
use, resort, and recreation; shall be inalienable for all time; but
leases not exceeding ten years may be granted for portions of said
premises. All incomes derived from leases of privileges to be expended
in the preservation and improvement of the property, or the roads
leading thereto; the boundaries to be established at the cost of said
State by the United States Surveyor-General of California, whose
official plat, when affirmed by the Commissioner of the General Land
Office, shall constitute the evidence of the locus, extent, and limits
of the said Cleft or Gorge; the premises to be managed by the Governor
of the State, with eight other Commissioners, to be appointed by the
Executive of California, and who shall receive no compensation for
their
services.
"Sec. 2. And be it further enacted,
That there shall likewise
be, and
there is hereby, granted to the said State of California, the tracts
embracing what is known as the 'Mariposa Big Tree Grove,' not to exceed
the area of four sections, and to be taken in legal subdivisions of
one-quarter section each, with the like stipulations as expressed in
the first section of this Act as to the State's acceptance, with like
conditions as in the first section of this Act as to inalienability,
yet with the same lease privileges; the income to be expended in the
preservation, improvement, and protection of the property, the premises
to be managed by Commissioners, as stipulated in the first section of
this Act, and to be taken in legal subdivisions as aforesaid; and the
official plat of the United States Surveyor-General, when affirmed by
the Commissioner of the General Land Office, to be the evidence of the
locus of the said Mariposa Big Tree Grove."
This important act was approved by the
President, June 30, 1864,
and shortly after the Governor of California, F. F. Low, issued a
proclamation taking possession of the Yosemite Valley and Mariposa
grove of Big Trees, in the name and on behalf of the State, appointing
commissioners to manage them, and warning all persons against
trespassing or settling there without authority, and especially
forbidding the cutting of timber and other injurious acts.
The first Board of Commissioners were F. Law
Olmsted, J. D. Whitney,
William Ashburner, I. W. Raymond, E. S. Holden, Alexander Deering,
George W. Coulter, and Galen Clark.
ACT OF OCTOBER 1, 1890 (26 STAT., 650).
[Footnote: Sections 1 and 2 of this act
pertain to the Yosemite
National
Park, while section 3 sets apart General Grant National Park, and also
a
portion of Sequoia National Park.]
An Act To set apart certain tracts of land
in the State of California
as
forest reservations.
"Be it enacted by the Senate and House of
Representatives of the
United
States of America in Congress assembled, That the tracts of land in
the
State of California known as described as follows: Commencing at the
northwest corner of township two north, range nineteen east Mount
Diablo
meridian, thence eastwardly on the line between townships two and three
north, ranges twenty-four and twenty-five east; thence southwardly on
the line between ranges twenty-four and twenty-five east to the Mount
Diablo base line; thence eastwardly on said base line to the corner
to township one south, ranges twenty-five and twenty-six east; thence
southwardly on the line between ranges twenty-five and twenty-six east
to the southeast corner of township two south, range twenty-five east;
thence eastwardly on the line between townships two and three south,
range twenty-six east to the corner to townships two and three south,
ranges twenty-six and twenty-seven east; thence southwardly on the line
between ranges twenty-six and twenty-seven east to the first standard
parallel south; thence westwardly on the first standard parallel south
to the southwest corner of township four south, range nineteen east;
thence northwardly on the line between ranges eighteen and nineteen
east
to the northwest corner of township two south, range nineteen east;
thence westwardly on the line between townships one and two south to
the southwest corner of township one south, range nineteen east; thence
northwardly on the line between ranges eighteen and nineteen east to
the northwest corner of township two north, range nineteen east, the
place of beginning, are hereby reserved and withdrawn from settlement,
occupancy, or sale under the laws of the United States, and set apart
as
reserved forest lands; and all persons who shall locate or settle upon,
or occupy the same or any part thereof, except as hereinafter provided,
shall be considered trespassers and removed therefrom: Provided,
however, That nothing in this act shall be construed as in anywise
affecting the grant of lands made to the State of California by virtue
of the act entitled, 'An act authorizing a grant to the State of
California of the Yosemite Valley, and of the land embracing the
Mariposa Big-Tree Grove,' appeared June thirtieth, eighteen hundred and
sixty-four; or as affecting any bona-fide entry of land made within the
limits above described under any law of the United States prior to the
approval of this act.
"Sec. 2. That said reservation shall be
under the exclusive control
of the Secretary of the Interior, whose duty it shall be, as soon as
practicable, to make and publish 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 of all
timber, mineral deposits, natural curiosities, or wonders within said
reservation, and their retention in their natural condition. The
Secretary may, in his discretion, grant leases for building purposes
for
terms not exceeding ten years of small parcels of ground not exceeding
five acres; at such places in said reservation as shall require the
erection of buildings for the accommodation of visitors; all of the
proceeds of said leases and other revenues that may be derived from
any source connected with said reservation to be expended under his
direction in the management of the same and the construction of roads
and paths therein. He shall provide against the wanton destruction of
the fish, and game found within said reservation, 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 or proper to fully
carry
out the objects and purposes of this act.
"Sec. 3. There shall also be and is hereby
reserved and withdrawn from
settlement, occupancy, or sale under the laws of the United States, and
shall be set apart as reserved forest lands, as herein before provided,
and subject to all the limitations and provisions herein contained, the
following additional lands, to wit: Township seventeen south, range
thirty east of the Mount Diablo meridian, excepting sections
thirty-one,
thirty-two, thirty-three, and thirty-four of said township, included
in a previous bill. And there is also reserved and withdrawn from
settlement, occupancy, or sale under the laws of the United States, and
set apart as forest lands, subject to like limitations, conditions,
and provisions, all of townships fifteen and sixteen south, of ranges
twenty-nine and thirty east of the Mount Diablo meridian. And there is
also hereby reserved and withdrawn from settlement, occupancy, or sale
under the laws of the United states, and set apart as reserved forest
lands under like limitations, restrictions, and provisions, sections
five and six in township fourteen south, range twenty-eight east of
Mount Diablo meridian, and also sections thirty-one and thirty-two of
township thirteen south, range twenty-eight east of the same meridian.
Nothing in this act shall authorize rules or contracts touching the
protection and improvement of said reservations, beyond the sums that
may be received by the Secretary of the Interior under the foregoing
provisions, or authorize any charge against the Treasury of the United
States."
ACT OF THE LEGISLATURE OF THE STATE OF
CALIFORNIA, APPROVED
MARCH 3, 1905.
"Sec. 1. The State of California does hereby
recede and regrant unto
the
United States of America the 'cleft' or 'gorge' in the granite peak of
the Sierra Nevada Mountains, situated in the county of Mariposa, State
of California, and the headwaters of the Merced River, and known as the
Yosemite Valley, with its branches and spurs, granted unto the State
of California in trust for public use, resort, and recreation by the
act of Congress entitled, 'An act authorizing a grant to the State
of California of the Yosemite Valley and of the land embracing the
Mariposa Big Tree Grove,' approved June thirtieth, eighteen hundred and
sixty-four; and the State of California does hereby relinquish unto the
United States of America and resign the trusts created and granted by
the said act of Congress.
"Sec. 2. The State of California does hereby
recede and regrant unto
the United States of America the tracts embracing what is known as the
'Mariposa Big Tree Grove,' planted unto the State of California in
trust
for public use, resort, and recreation by the act of Congress referred
to in section one of this act, and the State of California does hereby
relinquish unto the United States of America and resign the trusts
created and granted by the said act of Congress.
"Sec. 3. This act shall take effect from and
after acceptance by the
United States of America of the recessions and regrants herein made
thereby forever releasing the State of California from further cost of
maintaining the said premises, the same to be held for all time by the
United States of America for public use, resort, and recreation and
imposing on the United States of America the cost of maintaining the
same as a national park: Provided, however, That the recession
and
regrant hereby made shall not affect vested rights and interests of
third persons."
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