National Park Protective Act

An Act to protect the birds and animals in Yellowstone National

Park, and to punish crimes in said Park, and for other purposes.

_Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled_, That the Yellowstone National

Park, as its boundaries now are defined, or as they may be hereafter

defined or extended, shall be under the sole and exclusive jurisdiction

of the United States; and that all the laws applicable to places under

the sole and exclusive jurisdiction of the United States shall have

force and effect in said Park: _Provided, however_, That nothing in this

Act shall be construed to forbid the service in the Park of any civil or

criminal process of any court having jurisdiction in the States of

Idaho, Montana and Wyoming. 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 Wyoming.

SEC. 2. That said Park, for all the purposes of this Act, shall

constitute a part of the United States judicial district of Wyoming, and

the district and circuit courts of the United States in and for said

district shall have jurisdiction of all offenses committed within said

Park.

SEC. 3. That if any offense shall be committed in said Yellowstone

National Park, which offense is not prohibited or the punishment is not

specially provided for by any law of the United States or by any

regulation of the Secretary of the Interior, the offender shall be

subject to the same punishment as the laws of the State of Wyoming in

force at the time of the commission of the offense may provide for a

like offense in the said State; and no subsequent repeal of any such law

of the State of Wyoming shall affect any prosecution for said offense

committed within said Park.

SEC. 4. That all hunting, or the killing, wounding, or capturing at any

time of any bird or wild animal, except dangerous animals, when it is

necessary to prevent them from destroying human life or inflicting an

injury, is prohibited within the limits of said Park; nor shall any fish

be taken out of the waters of the Park by means of seines, nets, traps,

or by the use of drugs or any explosive substances or compounds, or 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, natural curiosities, or wonderful objects

within said Park; and for the protection of the animals and birds in the

Park from capture or destruction, or 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 the 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,

receiving for transportation any of the said animals, birds or fish so

killed, taken or caught shall be deemed guilty of a misdemeanor, and

shall be fined for every such offense not exceeding three hundred

dollars. Any person found guilty of violating any of the 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,

natural curiosities or wonderful objects within said Park, or for the

protection of the animals, birds and fish in the said Park, shall be

deemed guilty of a misdemeanor, and shall be subjected to a fine of not

more than one thousand dollars, or imprisonment not exceeding two years,

or both, and be adjudged to pay all costs of the proceedings.

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 wild 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.

SEC. 5. That the United States circuit court in said district shall

appoint a commissioner, who shall reside in the Park, who shall have

jurisdiction to hear and act upon all complaints made, of any and all

violations of the 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 the violation of

the rules and regulations, or with the violation of any provision of

this Act prescribed for the government of said Park, and for the

protection of the animals, birds and fish in the said Park, and to try

the person so charged; and, if found guilty, to impose the punishment

and 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 district of Wyoming, said appeal to be

governed by the laws of the State of Wyoming providing for appeals in

cases of misdemeanor from justices of the peace to the district court of

said State; but the United States circuit court in said district may

prescribe rules of procedure and practice for said commissioner in the

trial of cases and for appeal to said United States district court. Said

commissioner shall also have power to issue process as hereinbefore

provided for the arrest of any person charged with the commission of any

felony within the Park, and to summarily hear the evidence introduced,

and, if he shall determine 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 for confinement, within the jurisdiction of

the United States district court in said State of Wyoming, and shall

certify a transcript of the record of his proceedings and the testimony

in the case to the 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. All

process issued by the commissioner shall be directed to the marshal of

the United States for the district of Wyoming; but nothing herein

contained shall be construed as preventing the arrest by any officer of

the Government or employee of the United States in the Park without

process of any person taken in the act of violating the law or any

regulation of the Secretary of the Interior: _Provided_, That the said

commissioner shall only exercise such authority and powers as are

conferred by this Act.

SEC. 6. That the marshal of the United States for the district of

Wyoming may appoint one or more deputy marshals for said Park, who shall

reside in said Park, and the said United States district and circuit

courts shall hold one session of said courts annually at the town of

Sheridan, in the State of Wyoming, and may also hold other sessions at

any other place in said State of Wyoming or in said National Park at

such dates as the said courts may order.

SEC. 7. That the commissioner provided for in this Act shall, in

addition to the fees allowed by law to commissioners of the circuit

courts of the United States, be paid an annual salary of one thousand

dollars, payable quarterly, and the marshal of the United States and his

deputies, and the attorney of the United States and his assistants in

said district, shall be paid the same compensation and fees as are now

provided by law for like services in said district.

SEC. 8. That all costs and expenses arising in cases under this Act, and

properly chargeable to the United States, shall be certified, approved

and paid as like costs and expenses in the courts of the United States

are certified, approved and paid under the laws of the United States.

SEC. 9. That the Secretary of the Interior shall cause to be erected in

the Park a suitable building to be used as a jail, and also having in

said building an office for the use of the commissioner; the cost of

such building not to exceed five thousand dollars, to be paid out of any

moneys in the Treasury not otherwise appropriated upon the certificate

of the Secretary as a voucher therefor.

SEC. 10. That this Act shall not be construed to repeal existing laws

conferring upon the Secretary of the Interior and the Secretary of War

certain powers with reference to the protection, improvement and control

of the said Yellowstone National Park.

Approved May 7, 1894.

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