The debate on the bill rested until April 21 when Tongue requested unanimous consent for reconsideration of the bill with amendments. Tongue agreed to a number of amendments: (1) the minimum penalty as stated in Section 3 was to be removed; (2) Sections 4, 5, and 6 were to be stricken from the bill; and (3) the restriction against mining in Section 3 was to be eliminated and a clause was to be inserted that the reservation would be open, under regulations to be prescribed by the Secretary of the Interior, to “the location of mining claims and the working of the same.” After adopting these amendments the House passed the bill. [12]
Considerable behind-the-scenes politicking had been undertaken by Representative Tongue to secure House passage of the bill. In a letter to Steel on April 21 he described the maneuvering that he had conducted to secure passage:
I presume you will be gratified at the action of the House on last Saturday in passing the Crater Lake bill. I had secured the endorsement of about every scientific officer in any of the Departments, the Secretary of Agriculture and the President. Before the bill came on the floor I had consulted with Mr. Richardson the leader of the opposition, and had supposed everything was all smooth. But I had reckoned without my host. The idea of a National Park was alarming. Quite a number of gentlemen were on their feet at once, as soon as the bill was read. Nearly half the members have bills pending for the establishment of National Parks. This is the first one that has been permitted to come up this session. When I went to Mr. Richardson, the leader of the opposition, and endeavored to disarm his opposition, his first statement was “why I have a bill for a National Park, why does not the Speaker allow me to bring mine up”? For a while the opposition became too strong, and Mr. Cannon at last objected. I at once went around to interview the different gentlemen, explaining the bill, smoothed down their objections, and at last agreed to several small amendments which did not in any way militate against the bill. In fact, the last three sections were a little inconsistent with the general provisions of the bill. These leave it under the Secretary of the Interior who prescribes the rules. Under the last sections of the bill, the enforcement of these rules were left to the United States Marshal, striking out these sections and also the provision of the Secretary of War can send soldiers, leaves the matter wholly under the direction of the Secretary of the Interior, as is done with other National Parks. I cannot see why this is not just as good, if not the best policy. The whole forestry reserve is under his charge. The bill provided a penalty of not over $500 nor less than $50 for violation of the laws. The less than $50 was stricken out, leaving it discretionary with the Court from $1 to $500. There was no objection to this.
The mining people seemed anxious to retain a provision so that if mines were discovered they could be worked, so the provision making it criminal to engage in mining was stricken out, and the provision leaving it under the Secretary of the Interior to arrange rules for the location and working of mining claims is left in. As I apprehend no mines will ever be discovered I regard this matter as entirely immaterial. If you find the congressional record you will find the matter on pages 4669 to 4673. While all those objecting were Cannon, Loud, Bartlert [sic], Shafroth, Stevens [sic]. So you may imagine I felt very much like being in the sweat box and was considerably relieved when the matter went through. I think there is no doubt whatever about its passing the Senate at an early day. Senator [Henry Clay] Hansbrough [of North Dakota] is chairman of the Committee on Public lands, and I think will report it at once. If that is done and the bill signed, I shall now feel like I could join the Mazamas next summer and take some enjoyment out of the visit to Crater Lake. [13]
On April 21, 1902, the legislation was sent to the Senate, where it was assigned to the Committee on Public Lands. [14] The committee chairman, H.C. Hansbrough, was concerned about the issue of whether there were railroad grants within the proposed park. If such grants existed the question of lieu lands for the grants would have to be addressed. On April 29 General Land Office Commissioner Hermann assured Hansbrough that there were no railroad grants in the proposed park and the nearest land grant was the Oregon military road which was ten miles distant and some seven miles from the indemnity limits of that grant. With the question of land grants settled, the Senate committee recommended that the bill pass without amendment on April 29. [15]
The Senate passed the bill without debate or amendment on May 9, 1902. [16] Upon hearing of that event, Steel wrote a letter to President Roosevelt expressing his thanks for the chief executive’s aid:
Please accept my sincere thanks and grateful acknowledgement for the great assistance rendered in this matter by you. When I tell you I have labored for seventeen years to bring this to pass, paying every expense, except one single item, and all as a matter of love for the grand region in question, you may comprehend the depth of my gratitude.
He concluded the letter by inviting Roosevelt to join him as he led “a party of eminent men–and women, too”–to Crater Lake for a two week outing that summer. [17] On May 22, the President signed the bill, creating Crater Lake as the nation’s sixth national park. [18] The establishing act for Crater Lake National Park (32 Stat. 202) contained three sections: Section 1 described the boundaries and the purpose of the park:
That the tract of land bounded north by the parallel forty-three degrees four minutes north latitude, south by forty-two degrees forty-eight minutes north latitude, east by the meridian one hundred and twenty-two degrees west longitude, and west by the meridian one hundred and twenty-two degrees sixteen minutes west longitude, having an area of two hundred and forty-nine square miles, in the State of Oregon, and including Crater Lake, is hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart forever as a public park or pleasure ground for the benefit of the people of the United States, to be known as “Crater Lake National Park.”
Section 2 provided that the reservation would be under the custody of the Secretary of the Interior.He was authorized to establish “regulations and cause adequate measures to be taken” for the
preservation of the natural objects within said park, and also for the protection of the timber from wanton depredation, the preservation of all kinds of game and fish, the punishment of trespassers, the removal of unlawful occupants and intruders, and the prevention and extinguishment of forest fires.
