Capitol Reef Administrative History

12. Capitol Reef National Monument

Establishment: Proclamation (No. 2246) of August 2, 1937......Page 136

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

(No. 2246 -- Aug. 2, 1937 -- 50 Stat. 1856)

Whereas certain public lands in the State of Utah contain narrow canyons displaying evidence of ancient sand dune deposits of unusual scientific value, and have situated thereon various other objects of geological and scientific interest; and

Whereas it appears that it would be in the public interest to reserve such lands as a national monument, to be known as the Capitol Reef National Monument:

Now, Therefore, I, Franklin D. Roosevelt, President of the United States of America, under and by virtue of the authority vested in me by section 2 of the act of June 9, 1906, ch. 3060, 34 Stat. 225 (U.S.C., title 16, sec. 431), do proclaim that, subject to all valid existing rights, the following described lands in Utah are hereby reserved from all forms of appropriation under the public-land laws and set apart as the Capitol Reef National Monument:

Salt Lake Meridian

T. 28 S.R. 5 E., All of sec. 34 north of the right-of-way of State Hwy. No. 24:

secs. 35 and 36.

T. 28 S., R. 6 E., sec. 31 and the west half of sec. 32.

T. 29 S., R. 5 E., All of secs. 1 and 2 north of the right-of-way of State Hwy. No. 24.

T. 29 S., R. 6 E., secs. 1 to 4, inclusive;

All secs. 5, 6, 8 and 9 north of the right-of-way of State Hwy. No. 24;
secs. 10 to 15, inclusive; All of sec. 16 north of the right-of-way of State Hwy. No. 24;
secs. 22 to 25, inclusive;
sec. 26, E1/2 and N1/2 NW1/4;
sec. 27, N1/2 N/2;
sec. 35, NE 1/4;
sec. 36.

T. 30 S., R. 6 E., sec. 1;

sec. 12, E 1/2.

T. 29 S., R. 7 E., secs. 5 to 8, 17 to 20 and 29 to 32, include.

T. 30 S., R. 7 E., secs. 4 to 9 and 15 to 17, include.;

sec. 18, E 1/2 and NW 1/4;
sec. 19, NE 1/4 and NI/2 SE 1/4;
sec. 20 N 1/2 and N1/2 SW 1/4;
secs. 21 to 23, and 26 to 28 include.;
sec. 29, E 1/2 E1/2;
secs. 33 to 35, inclusive,

containing approximately 37, 060 acres.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any of the lands thereof.

The Director of the National Park Service, under the direction of the Secretary of the Interior, shall have the supervision, management, and control of this monument as provided in the act of Congress entitled "An Act To establish a National Park Service, and for other purposes," approved August 25, 1916 (ch. 408, 39 Stat. 535, U.S.C., title 16, secs. 1 and 2), and acts supplementary thereto or amendatory thereof.

Nothing herein shall prevent the movement of livestock across the lands included in this monument under such regulations as may be prescribed by the Secretary of the Interior and upon driveways to be specially designated by said Secretary.

In Witness Whereof, I have here unto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this 2d day of August, in the year of our Lord nineteen hundred and thirty-seven and of the Independence [seal] of the United States of America the one hundred and sixty second.

FRANKLIN D. ROOSEVELT.

By the President:
     Cordell Hull.
          The Secretary of State.

3 CFR, 1954-8 Comp. p. 160

PROCLAMATION 3249
ENLARGING THE CAPITOL REEF NATIONAL MONUMENT, UTAH

WHEREAS it appears that the public interest would be promoted by adding to the Capitol Reef National Monument, Utah, certain adjoining lands needed for the protection of the features of geological and scientific interest included within the boundaries of the monument and for the proper administration of the area:

NOW, THEREFORE, I, Dwight D. Eisenhower, President of the United States of America, by virtue of the authority vested in me by section 2 of the act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431), do proclaim that, subject to valid existing rights, (1) the lands now owned by the United States within the exterior boundaries of the following-described tracts of lands are hereby added to and made a part of the Capitol Reef National Monument, and (2) the State-owned and privately-owned lands within those boundaries shall become parts of the monument upon acquisition of title thereto by the United States:

SALT LAKE MERIDIAN

T. 29 S., R. 5 E.,

Sections 1 and 2, these portions not previously included in the Monument.

T. 29 S., R. 6 E.,

Sections 5, 6, 9, and 10, those portions not previously included in the Monument;
Sections 7, 8, and 17, those portions lying north of Sulphur Creek;
Section 26, SW 1/4 and S 1/2 NW 1/4.

T. 30 S., R. 7 E.,

Section 20 NW 1/4 SE 1/4 (except S 1/2 S1/2 NW 1/4 SE 1/4) and NE 1/4 SE 1/2 (except S 1/2 SW 1/4 NE 1/4 SE 1/4).

containing 3,040 acres, more or less.

Warning is hereby expressly given to all unauthorized persons not too appropriate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any of the lands thereof.

Nothing herein shall prevent the movement of livestock across the lands included in this monument under such regulations as may be prescribed by the Secretary of the Interior and upon driveways to be specifically designated by said Secretary.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

DONE at the City of Washington this second day of July in the year of our Lord nineteen hundred and [seal] fifty-eight, and of the Independence of the United States of America the one hundred and eighty-second.

DWIGHT D. EISENHOWER

By the President:
     JOHN FOSTER DULLES,
          Secretary of State.

THE PRESIDENT

Proclamation 3888

ENLARGING THE CAPITOL REEF NATIONAL MONUMENT, UTAH

WHEREAS, the Capitol Reef National Monument in Utah was established by Proclamation No. 2246 of August 2, 1937, and enlarged by Proclamation No. 3249 of July 2, 1958, to set aside and reserve certain areas possessing significant features and objects of geological and scientific interest; and

WHEREAS, it would be in the public interest to add to the Capitol Reef National Monument certain adjoining lands which encompass the outstanding geological feature known as Waterpocket Fold and other complementing geological features, which constitute objects of scientific interest, such as Cathedral Valley; and

WHEREAS, under section 2 of the act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), the President is authorized "to declare by public proclamation *** objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected:"

NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States, under the authority vested in me by section 2 of the act of June 8, 1906, supra, do proclaim that, subject to valid existing rights, (1) the lands owned or controlled by the United States within the exterior boundaries of the following described area are hereby added to and made a part of the Capitol Reef National Monument, and (2) the State-owned and privately owned lands within those boundaries shall become and be reserved as parts of that monument upon acquisition of title thereto by the United States:

SALT LAKE MERIDIAN

T. 26 S., R. 5 E.,

Secs. 25 to 29, inclusive, partly unsurveyed;
Secs. 32 to 36, inclusive, partly unsurveyed.

T. 27 S., R. 5 E.,

Secs. 1 to 4, inclusive;
Secs. 9 to 16 inclusive;
Secs. 21 to 28 inclusive;
Secs. 33 to 36 inclusive.

T. 28 S., R. 5 E.,

Secs. 1 to 3, inclusive, partly unsurveyed;
Secs. 10 to 15, inclusive, unsurveyed;
Secs. 22 to 27, inclusive, partly unsurveyed;

T. 26 S., R. 6 E.,

Secs. 27 to 34, inclusive, partly unsurveyed.

T. 27 S., R. 6 E.,

Secs. 3 to 5, inclusive, partly unsurveyed;
Secs. 8 to 10, inclusive, unsurveyed;
Secs. 15 to 17, inclusive, partly unsurveyed;
Secs. 20 to 22, inclusive, unsurveyed;
Secs. 27 to 29, inclusive, unsurveyed;
Secs. 32 to 36, inclusive, partly unsurveyed.

T. 28 S., R. 6 E., that portion not previously included in the monument, partly unsurveyed.

T. 29 S., R. 6 E.,

Secs. 7, 8, and 17, those portions not previously included in the monument;
Sec. 18, NE 1/4, unsurveyed;
Secs. 20 and 21, partly unsurveyed;
Sec. 27, unsurveyed. those portions not previously included in the monument;
Secs. 28, 29, and 34, partly unsurveyed;
Sec. 35, those portions not previously included in the monument.

T. 30 S., R. 6 E.,

Secs. 2 and 11;
Sec. 12, W 1/2;
Sec. 13.

T. 27 S., R. 7 E.,

Secs. 31 and 32, partly unsurveyed.

T. 28 S., R7 E.,

Secs. 2 to 11, inclusive, partly unsurveyed;
Secs. 14 to 23, inclusive, partly unsurveyed;
Secs. 26 to 35, inclusive, partly unsurveyed.

T. 29 S., R. 7 E.,

Secs. 1 to 4, inclusive, partly unsurveyed;
Secs. 9 to 12, inclusive, unsurveyed;
Secs. 13 and 14, that portion north of State of Utah Route 24, unsurveyed;
Secs. 27, 28, 33, and 34, unsurveyed.

T. 30 S., R. 7 E.,

Secs. 3 and 10, unsurveyed;
Secs. 18, 19, 20, and 29, those portions not previously included in the monument;
Secs. 30, 31, and 32.

T. 31 S., R. 7 E.,

Secs. 3 to 11, inclusive, partly unsurveyed;
Secs. 14 to 23, inclusive, partly unsurveyed;
Secs. 27 to 33, inclusive;
Sec. 34, W 1/2;

T. 32 S., R. 7 E;,

Secs. 1 to 18, inclusive;
Secs. 22 to 27, inclusive;
Secs. 35 and 36;

T. 33 S., R.7 E.,

Secs. 1 and 2;
Secs. 11, 12, 13, 24, and 25, unsurveyed.

T. 32 S., R. 8 E.,

Secs. 6, 7, 18, and 19;
Secs. 29 to 32, inclusive.

T. 33 S., R. 8 E.,

Secs. 5 to 8, inclusive, partly unsurveyed;
Secs. 16 to 21, inclusive, partly unsurveyed;
Secs. 28 to 34, inclusive, partly unsurveyed.

T. 34 S., R. 8 E.,

Secs. 3 to 11, inclusive, partly unsurveyed;
Secs. 13 to 36, inclusive, partly unsurveyed.

T. 35 S., R. 8 E.,

Secs. 1 to 5, inclusive, partly unsurveyed;
Secs. 8 to 16, inclusive, partly unsurveyed;
Secs. 22 to 26, inclusive, unsurveyed;
Sec. 36.

T. 34 S., R. 9 E.,

Sec. 19, unsurveyed;
Secs. 30 to 32, inclusive, partly unsurveyed.

T. 35 S., R. 9 E.,

Secs. 5 to 8, inclusive, unsurveyed;
Secs. 16 to 21, inclusive, partly unsurveyed;
Secs. 28 to 33, inclusive, partly unsurveyed.

T. 36 S., R. 9 E.,

Secs. 4 to 9, inclusive, unsurveyed;
Secs. 16, 17, and 21, partly unsurveyed.

Containing 215, 056 acres, more or less.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any of the lands thereof.

Any reservations or withdrawals heretofore made which affect the lands described above are hereby revoked.

Nothing herein shall prevent the movement of livestock across the lands included in this monument under such regulations as may be prescribed by the Secretary of the Interior and upon driveways to be specifically designated by said Secretary.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January in the year of our Lord nineteen hundred and sixty-nine and of the Independence of the United States of America the one hundred and ninety-third.

Lyndon B. Johnson (signature)

[F.R. Doc. 69-899; Filed, Jan. 21, 1969; 10:31 a.m.]

Public Law 92-207
92nd Congress, S. 29
December 18, 1971

AN ACT

To establish the Capitol Reef National Park in the State of Utah.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subject to valid existing rights, the lands, waters, and interests therein within the boundary generally depicted on the map entitled "Boundary Map, Proposed Capitol Reef National Park, Utah," numbered 158-91, 002, and dated January 1971, are hereby established as the Capitol Reef National Park (hereinafter referred to as the "park"). Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(b) The Capitol Reef National Monument is hereby abolished, and any funds available for purposes of the monument shall be available for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by this Act shall be administered by the Secretary of the Interior (hereinafter referred to as the "Secretary") in accordance with the laws applicable to the public lands of the United States.

Sec. 2. The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or otherwise, the lands and interests in lands described in the first section of this Act, except that lands or interests therein owned by the State of Utah, or any political subdivision thereof, may be acquired only with the approval of such State or political subdivision.

Sec. 3. Where any Federal lands included within the park are legally occupied or utilized on the date of approval of this Act for grazing purposes pursuant to a lease, permit, or license for a fixed term of years issued or authorized by ant department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges or their heirs to continue in the exercise thereof during the tern of the lease, permit, or license, and one period of renewal thereafter.

Sec. 4. Nothing in this Act shall be construed as affecting in any way rights of owners and operators of cattle and sheep herds, existing on the date immediately prior to the enactment of the Act, to trail their herds on traditional courses used by them prior to such date of enactment, and to water their stock, notwithstanding the fact that the lands involving such trails and watering are situated within the park: Provided, That the Secretary may promulgate reasonable regulations providing for the use of such driveways.

Sec. 5. (a) The National Park Service, under the direction of the Secretary, shall administer, protect, and develop the park, subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C.1-4).

999(b) The Secretary shall grant easements and right-of-way on a nondiscriminatory basis upon, over, under, across, or along any component of the park area unless he finds that the route of such easements and right-of-way would have significant adverse effects on the administration of the park.

Lyndon B. Johnson (signature)
(F.R. doc. 69-899; Filed, Jan. 21, 1969; 10:31 a.m.]