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The purpose of this chapter is the examination of legislation relating to Crater Lake National Park from 1916 to 1986. Emphasis is placed on the provisions of the various legislative acts and their impact on park management, operations, and expansion. Separate sections of this chapter are devoted to analyses of park wilderness designation proposals, acquisition of major park inholdings, and various unsuccessful efforts to expand the park boundaries.

A. LEGISLATIVE ACTS

1. An Act Providing for Acceptance by Federal Government of Exclusive Jurisdiction over Park Lands and Establishment of Resident U.S. Commissioner Position (39 Stat. 521–August 21, 1916)

On August 21, 1916, four days before enactment of the act establishing the National Park Service, Congress approved legislation providing for acceptance by the federal government of the State of Oregon’s cession of exclusive jurisdiction over the lands embraced in Crater Lake National Park. The legislation further provided for appointment of a U.S. Commissioner to reside in the park with authority to handle violations of law [misdemeanors] and rules and regulations promulgated by the Secretary of the Interior.

The Oregon state legislature approved an act on January 25, 1915, ceding to the United States exclusive jurisdiction over all lands within Crater Lake National Park. [1] The act reserved certain rights for the state, among these being service of “civil or criminal process” in “any suits or prosecutions for, or on account of, rights acquired, obligations incurred, or crimes committed in said State, but outside of said park.” The state also reserved “the right to tax persons and corporations, their franchises and property on lands included in said park.” Exclusive jurisdiction would not be vested in the federal government until after it had notified the state that it was assuming “police and military jurisdiction over said park.”

Section 3 of the act states that confusion existed concerning the jurisdiction of the federal and state courts in the park. Hence passage of the act was “declared to be immediately necessary for the immediate protection of the peace, health, and safety of the State.” An emergency was “declared to exist, and this Act shall go into immediate force and effect from and after its passage and approval by the Governor.”

For more than a year Congress took no formal action to accept the cession of exclusive jurisdiction over Crater Lake National Park. Finally on April 20, 1916, Congressman Nicholas J. Sinnott of Oregon introduced legislation (H.R. 14868) in the House to accept the cession from the State of Oregon. Two days later Senator George E. Chamberlain of Oregon submitted a similar bill (S. 5704) in the Senate. [2]