An Act To establish the Olympic
National Park, in the State of
Washington, and for other purposes, approved June 29, 1938 (52
Stat. 1241)
Be it enacted by the Senate and House of
Representatives
of the United States of
America in Congress assembled,
16. Olympic National Park
Establishment of park Act of June 29,
1938
Establishment of park Act of June 29,
1938 Jurisdiction, State cession
over area included in park on March 8, 1941
State Act of Mar. 8, 1941
Jurisdiction, State cession of 1941
accepted Act of Mar. 6, 1942
Acquisition of non-Federal land within
park in exchange for national
forest land Act of Dec. 22, 1942
An Act To establish the Olympic
National Park, in the State
of Washington, and for other purposes,
approved June 29,
1938 (52 Stat. 1241)
Be it enacted by the Senate and House
of Representatives
of the United States of America in
Congress assembled,
That the Mount Olympus National
Monument established
pursuant to proclamation of the
President dated March 2,
1909, is hereby abolished,and 'the
tracts of land in the State
of Washington particularly described
as follows, to wit:
Township 25 north, range 4 west,
sections 5 to 8, 17 to 20,
and 29 to 32, inclusive (unsurveyed);
township 26 north,
range 4 west, sections 1 to 12, 17 to
20, and 29 to 32, inclusive
(unsurveyed); township 27 north, range
4 ,west,
sections 5 to 8, 17 to 20, and 29 to
36, inclusive (unsurveyed);
township 28 north, range 4 west,
sections 17 to
22, and 27 to 34, inclusive
(unsurveyed); townships 25,
26, and 27 north, range 5 west (
unsurveyed); towns hip
28 north, range 5 west, sections 7 to
36, inclusive (unsurveyed)
; township 24 north, range 6 west,
sections 3 to 10,
15 to 22, and 27 to 34, inclusive
(unsurveyed); townships
25, 26, and 27 north, range 6 west
(unsurveyed); township
28 north, range 6 west, sections 7 to
36, inclusive (un- .
surveyed); townships 24, 25, 26, and
27 north, range 7
west (unsurveyed); township 28 north,
range 7 west, sections
5 to 36 inclusive (unsurveyed);
township 24 north,
range 8 west, sections 1 to 18,
inclusive (partly surveyed) ;
townships 25, 26, 27, and 28 north,
range 8 west (unsurveyed);
township 29 north, range 8 west,
sections 6, 7,
18, 19.10 21, and 28 to 33, inclusive
(unsurveyed); township
30 north, range 8 west, sections 18,
19, 30, and 31
(partly surveyed); township 24 north,
range 9 west, sections
1, 2, 11, 12, 13, and 14 (partly
surveyed) ; township
25 north, range 9 west (unsurveyed);
township 26 north,
range 9 west, sections 1 to 18,
inclusive (unsur~eyed),
each half of section 19 (unsurveyed),
sections 20 to 29, and
32 to 36, inclusive (surveyed);
townships 27 and 28 north,
range 9 west (unsurveyed); township 29
north, range 9
west (partly surveyed) ; township 30
north, range 9 west,
sections 13, 14, and 23 to 36,
inclusive (partly surveyed) ;
township 26 north, range 10 west,
sections 1, 12, and 13
(surveyed) ; township 27 north, range
10 west, sections 1
to 6, inclusive, 12, 13, 24, 25, and
36 (surveyed) ; township
28 north, range 10 west, south half
section 7, south half 77
Olympic National Park.Wash..established. 1\found 0lympus National Monument
abolished. 3S Stat. 2247.
Lands transferred to park.
Page 77
79 79 82
78
Lands transferred to Olympic National Forest.
Mineral deposits..
Division of receipts for schools and roads.
16 V.S.C. sec. 500.
Administration, etc.
16 V.S.C.. ch. 1.
Existing claims. etc., not affected.
Additions to park.
II. NATIONAL PARKS - OLYMPIC
section 8, south half section 9, south
half section 10, south
half section 11, south half section
12, sections 13 to 36,
inclusive (unsurveyed) all west of the
Willamette meridian,
in Washington, are hereby reserved and
withdrawn
from settlement, occupancy, or
disposal under the laws
of the United States and dedicated and
set apart as a public
park for the benefit and enjoyment of
the people and shall
be known as the Olympic National Park,
and all lands formerly
included in the Mount Olympus National
Monument
and not included in the above
description are hereby transferred
to and made a part of the Olympic
National Forest.
(16 U.S.c. sec. 251.)
SEC. 2. That in the areas of said park
lying east of the
range line between ranges 9 and 10 and
north of the seventh
standard parallel, and east of the
range line between ranges
4 and 5 west, Willamette meridian, all
mineral deposits of
the classes and kinds now subject to
location, entry, and
patent under the mining laws of the
United States shall be,
exclusive of the land containing them,
subject to disposal
under such laws for a period of five
years from the date
of approval of this Act, with rights
of occupation and use
of so much of the surface of the land
as may be required for
all purposes reasonably incident to
the mining or removal of
the minerals and under such general
regulations as may
be prescribed by the Secretary of the
Interior. (16 U.S.c.
sec. 252.)
SEC. 3. The income of each county
receiving moneys
from the Olympic National Forest,
under the Act of May
23, 1908 (35 Stat. 260, ch. 192), as
amended, shall be proportional
to the total area of each county in
the Olympic National
Forest and the Olympic National Park
combined.
(16 U.S.c. sec. 253.)
SEC. 4. The administration,
protection, and development
of the Olympic National Park shall be
exercised under
the direction of the Secretary of the
Interior by the National
Park Service, subject to the
provisions of the Act of August
25, 1916 (39 Stat. 535), entitled "An
Act to establish a
National Park Service, and for other
purposes", as amended.
(16 D.S.C. sec. 254.)
SEC. 5. Nothing herein contained shall affect
any valid
existing claim, location, or entry
made under the land laws
of the United States, whether for
homestead, mineral, right~
of-way, or any other purpose
whatsoever, or shall affect
the right of any such claimant,
locator, or entryman to the
full use and enjoyment of his land,
nor the rights reserved
by treaty to the Indians of any
tribes. .
The President may after eight months
from the approval
of this Act ,by proclamation add to
the Olympic National
Park any lands within the boundaries
of the OIympic National
Forest, and any lands which may be
acquired by
the Government by gift or purchase,
which he may deem
it advisable to add to such park; and
any lands so added
to such park shall, upon their
addition thereto, become
II. NATIONAL PARKS - OLYMPIC
stubject to all laws and regulations
applicable to other lands
within such park: Provided, That the
total area of the
said park shall not exceed eight
hundred and ninety-eight
thousand two hundred and ninety-two
acres: Provided
further, That before issuing any such
proclamation, the
President shall consult with the
Governor of the State of
Washington, the Secretary of the
Interior, and the Secretary
of Agriculture and advise them of the
lands which he proposes
to add to such park, and shall afford
them a reasonable
opportunity to consult with and
communicate to him
their views and recommendations with
respect to the addition
of such lands to such park.! (16
U.S.c. sec. 255.)
Excerpt from an Act of the Legislature
of Washington, approved
March 8, 1941,
ceding to the United States exclusive
jurisdiction over the territory then
included in the Olympic
National Park. (Chapter 51 of the Laws
of 1941 of the
State of Washington)
Exclusive jurisdiction shall be, and
the same is hereby
ceded to the United States over and
within all the territory
that is now included in that tract of
land in the State of
Washington, set aside for the purposes
of a national park,
and known as the Olympic National
Park; saving, however,
to the said state, the right to serve
civil and criminal
process within the limits of the
~foresaid 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,This jurisdiction shall dot
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
Olympic National Park, and for other
purposes, approved
March 6, 1942 (56 Stat. 135)
Be it enac'ted by the Senate and H
oftse of Representatives
of the United States of America in
Congress assembled,
That the provisions of the act of the
Legislature of the State
of Washington, approved March 8, 1941
(Chapter 51 of the
Laws of 1941 of the State of
Washington), ceding to the
United States exclusive jurisdiction
over and within all
the territory included on March 8,
1941, in the tract of
land in the State of Washington, set
aside for the purposes
of a national park and known as the
Olympic National
Park, are hereby accepted. Subject to
the reservations
made I by the State in the act of
cession, the United States
hereby assumes sole and exclusive
jurisdiction over such
territory. (16 U.S.c. sec. 256.)
1 See proclamations No. 2380 of
January 2. 1940 (3 CFR. CUM.SUPP..
140), and No. 2587 of May 29, 1943 (3
CFR. CUM.SUPP., 333), adding land
to the park.
79
Provisos. .
Limitation.
Consultation before issuance of proclamation.
Olympic National Park, Wash. Cession of jurisdiction to U. S.
80
II. NATIONALPARKS- OLYMPIC
Assignment to Washington western judicial district.
SEC. 2. The 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
over all offenses committed
within the boundaries of the park. All
fugitives
from justice taking refuge in the park
shall be subject to
the same laws as refugees from justice
found in the State
of Washington. (16 U.S.c. sec. 256a.)
SEC. 3. 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 the park, nor
shall any fish be
taken out of any of the waters of the
park, except at such
seasons and at such times apd in such
manner as may be
directed by the Secretary of the
Interior. The Secretary
of the Interior shall make and publish
such general 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,
natural curiosities, or wonderful
objects within the
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
waters in the park. Possession within
the 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, stage or express company,
railway or other transportation
company, who knows or has reason to
believe
that such wild birds, fish, or animals
were taken or killed
contrary to the provisions of this Act
or the rules and regulations
promulgated by the Secretary of the
Interior, and
who receives for transportation the
dead bodies or any
part thereof of the wild 'birds, fish,
or animals so taken
or killed, or who shall violate any of
the other provisions
of this Act, or the rules and
regulations, with reference
to the management and care of the
park, or for the protection
of the property therein, for the
preservCltion from
injury or spoliation of timber,
mineral deposits, natural
curiosities, or wonderful objects
within ,the park, or for the
protection of the animals, birds, and
fish in the park, or who
shall within the park commit any
damage, injury, or
spoliation to or upon any building,
fence, sign, hedge, gate,
guidepost, tree, wood, underwood,
timber, garden, crops,
vegetables, plants, land, springs,
mineral deposits, natural
curiosities, or other matter or thing
growing or being thereon,
or situated therein, shall be deemed
guilty of a misdemeanor
and shall be subect to a fine of not
more than
$500 or imprisonment not exceeding six
months, or both,
and be adjudged to pay all the costs
of the proceedings.
(16 U.S.c. sec. 256b.)
Hunting: Fishing, etc..
Prohibitions, Rules and Regulations Penalties.
II. NATIONAL PARKS - OLYMPIC
SEC. 4. All guns, traps, nets, seines,
fishing tackle, teams,
horses, or means af transpartation of
every nature or descriptian
used by any persan or persons within
the limits
of the park when engaged in killing,
trapping, ensnaring,
taking, or capturing such wild birds,
fish, or animals cantrary
to the provisians of this Act or the
rules and regulatians
promulgated by the Secretary af the
Interior shall
be forfeited to the United States and
may be seized by the
officers in the park and held pending
prosecution af any
person ar persons arrested under the
charge af violating
the provisians of this Act, and upon
conviction under this
Act of such person ar persons using
said guns, traps, nets,
seines, fishing tackle, teams, horses,
or other means of
transportation, such forfeiture shall
:be adjudicated as a
penalty in addition to the other
punishment prescribed in
this Act. Such forfeited property
shall be disposed of and
accounted for by and under the
authority of the Secretary
af the Interior: Provided, That the
forfeiture of teams,
horses, or other means of
transportation shall be in the
discretion of the court. (16 U.S.c.
sec. 256c.)
SEC. 5. Upon the recommendation and
approval af the
Secretary of the Interior of a
qualified candidate, the United
States District Court for the Western
District of Washington
shall appoint a park commissioner, who
shall have
jurisdiction to hear and act up an 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 informatian, to
issue process in the name
of the United' States for the arrest
of any person charged
with a violation af the rules and
regulations, or with a
violation of any of the provisions af
this Act prescribed
for the government of the park and for
the protection of
the animals, birds, and fish in the
park, and to try the
person as 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 the
commissioner to the United States
District Court for the
Western District of Washingtan; and
the district court shall
prescribe the rules of procedure and
practice for the commissioner
in the trial of cases and for appeal
to the dis1rict
court. (16 U.S.C. sec. 256d.)
SEC. 6. The park commissioner shall
also have power to
issue process, as herein before
provided, for the arrest of
any person charged with the commission
within the park
of any criminal offense not covered by
the provisions of
section 3 of this Act, t\:>hear the
evidence introduced, and,
if he is of the opinion that probable
cause is shown for
holding the person as charged, for
trial, shall cause such
person to, be safely conveyed to a
secure place af confinement
within the jurisdictian of the United
States District
81
Forfeiture of property used for unlawful purposes.
Proviso.
Park commissioner, Appointment and jurisdiction.
Judicial powers.
Appeals.
Procedure in other cases.
82
Bail.
Pay of commissioner, Fees, costs. and expenses.
Deposit of collections.
Notice of acceptance of jurisdiction.
Olympic National Park Wash.
Exchange of lands.
II. NATIONAL PARKS - OLYMPIC
Court for the Western District of
Washington, and certify
a transcript of the record of his
proceedings and the testi-.
mony in such case to the said district
court, which court
shall have jurisdiction of the case.
The park commissioner
shall have authority to grant bail in
all cases according to
the laws of the United States. (16
U.S.c. sec. 256e.)
SEC. 7. The park commissioner shall
;be paid an annual
salary as appropriated for by
Congress. (16 U.S.c. sec.256£.)
SEC. 8. 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. (16 U.S.c. sec.
256g.)
SEC. 9. All fees, fines, costs, and
expenses imposed and
collected shall be deposited by the
commissioner, or by the
marshal of the United States
collecting the same, with the
clerk of the United States District
Court for the Western
District of Washington. (16 U.S:c.
sec. 256h.)
SEC. 10. The Secretary of the Interior
shall notify in
writing the Governor of the State of
Washington of the passage
and approval of this Act, and of the
fact that the
United States assumes police
jurisdiction over the park.
Upon the acceptance by the Secretary
of the Interior of
further cessions of jurisdiction over
lands now or hereafter
included in the Olympic National Park,
the provisions of
sections 2 to 9, inclusive, shall
apply to such lands. (16 U.S.c.
sec. 256i.)
An Act To authorize the exchange of
lands not in Federal ownership
within the Olympic National Park,
Washington, for
national forest lands in the State of
Washington, approved
December 22, 1942 (56 Stat. 10,70)
Be it enacted by the Senate and House
of Representatives
of the United States of America in
Congress assembled,
That title to State, county, and
private lands situated north
of the line between townships 27 and
28 north, Willamette
base and meridian, Washington, and
within the boundaries
of the Olympic National Park as now
or' hereafter estab-
lished by proclamation of the
President of the United States,
shall be subject to acceptance under
the provisions of the
Act approved March 20, 1922 (42 Stat.
465; 16 U.S.C.485),
and such lands when vested in the ownership of. the
United States shall be a part of the
Olympic National Park
subject to all laws and regulations
applicable thereto. (16 U.S.C.
sec. 251a.)