Loading (50 kb)...'
(continued)
be necessary by Secretary of the Interior;
(c) The Secretary, on behalf of the United States, is authorized
to accept donations of real and personal property within the areas
selected for the park until such time as the aforesaid total of
nine thousand five hundred acres shall have been acquired for the
park by the United States, and he may also accept donations of
funds for the purposes of this section and section 398 of this
title. Notwithstanding the acreage limitations and boundary
designations contained in this section, the Secretary is authorized
to accept through donation, or purchase from a willing seller, the
real and personal property located on Lots 251-252 Estate Contant
Enighed, Parcels 86B and 86AA Cruz Bay Quarter;
(d) Any Federal properties situated within the areas selected for
the park, upon agreement by the particular agency administering
such properties that such properties should be made available for
the park, may be transferred without further authorization to the
Secretary by such agency for purposes of this section and section
398 of this title;
(e) Establishment of the Virgin Islands National Park, in its
initial phase, shall be and is declared to be accomplished and
effective for purposes of administration when a minimum acreage of
not less than five thousand acres in Federal ownership for purposes
of this section and section 398 of this title shall have been
acquired by the United States in specific areas containing such
acquired lands to be designated by the Secretary; and
(f) Notice of the establishment of the park as authorized and
prescribed by this section and section 398 of this title shall be
published in the Federal Register.
-SOURCE-
(Aug. 2, 1956, ch. 885, Sec. 2, 70 Stat. 940; Pub. L. 95-348, Sec.
7(b)(6), Aug. 18, 1978, 92 Stat. 495.)
-MISC1-
AMENDMENTS
1978 - Subsec. (c). Pub. L. 95-348 inserted provisions relating
to acceptance through donation or purchase of the real and personal
property located on Lots 251-252 Estate Contant Enighed.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398, 398c, 398d of this
title; title 48 section 1705.
-End-
-CITE-
16 USC Sec. 398b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398b. Repealed. Pub. L. 85-404, May 16, 1958, 72 Stat. 112
-MISC1-
Section, act Aug. 2, 1956, ch. 885, Sec. 3, 70 Stat. 941,
authorized an appropriation for capital improvements and an annual
appropriation for administration of the Virgin Islands National
Park.
-End-
-CITE-
16 USC Sec. 398c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398c. Addition of lands
-STATUTE-
In furtherance of the purposes of sections 398 and 398a of this
title, providing for the establishment of the Virgin Islands
National Park, and in order to preserve for the benefit of the
public significant coral gardens, marine life, and seascapes in the
vicinity thereof, the boundaries of such park, subject to valid
existing rights, are revised to include the adjoining lands,
submerged lands, and waters, and Hassel Island located in Saint
Thomas Harbor and adjoining lands, submerged lands, and waters,
described as follows:
-HEAD-
NORTH OFFSHORE AREA
Beginning at the hereinafter lettered point A on the shore of
Cruz Bay, a corner in the Virgin Islands National Park boundary,
being also a corner of lot F, Cruz Bay, added to the park by order
of designation signed June 29, 1960, by the Assistant Secretary of
the Interior pursuant to sections 398 and 398a of this title, and
published in the Federal Register of July 7, 1960, the said corner
being the terminus of the course recited therein as "north 58
degrees 50 minutes west a distance of 20.0 feet, more or less,
along Government land to a point;" for the third call in the metes
and bounds description lot F, Cruz Bay.
From the initial point A, distances in nautical miles, along
direct courses between the hereinafter lettered points at
geographic positions (latitudes north, longitudes west):
Northwestward approximately 0.13 mile to point B, latitude 18
degrees 20 minutes 08 seconds, longitude 64 degrees 47 minutes 43
seconds in Cruz Bay;
0.43 mile to Point C, latitude 18 degrees 20 minutes 08
seconds, longitude 64 degrees 48 minutes 10 seconds in Pillsbury
Sound;
1.36 miles to point D, latitude 18 degrees 21 minutes 30
seconds, longitude 64 degrees 48 minutes 10 seconds in Windward
Passage;
1.64 miles to point E, latitude 18 degrees 22 minutes 10
seconds, longitude 64 degrees 46 minutes 35 seconds in the
Atlantic Ocean;
1.99 miles to point F, latitude 18 degrees 22 minutes 45
seconds, longitude 64 degrees 44 minutes 35 seconds in the
Narrows;
3.18 miles to point G, latitude 18 degrees 22 minutes 00
seconds, longitude 64 degrees 41 minutes 20 seconds in Sir
Francis Drake Channel;
1.04 miles to point H, latitude 18 degrees 21 minutes 10
seconds, longitude 64 degrees 40 minutes 40 seconds in Haulover
Bay;
Southwestward approximately 0.22 mile to point I, a bound post
on the shore of Haulover Bay marking a corner of the Virgin
Islands National Park boundary as shown on drawing numbered
NP-VI-7000 entitled "Acquisition Area Virgin Islands National
Park", approved November 15, 1956, by the acting Secretary of the
Interior in accordance with sections 398 and 398a of this title,
being also the southeasterly corner of estate Haulover 5a and 5c
east end quarter as delineated on the municipality of Saint
Thomas and Saint John drawing PW file numbered 9-24-T51 dated
October 26, 1950;
Thence running generally westward along the Virgin Islands
National Park northerly boundary as it follows the northerly
shore of the island of Saint John as shown on the said drawing
numbered NP-VI-7000 and on drawing numbered NP-VI-7003 entitled
"Land Ownership Cruz Bay Creek" depicting the boundary adjustment
affected by the said order of designation to point A, the point
of beginning.
The area described contains approximately 4,100 acres.
SOUTH OFFSHORE AREA
Beginning at the hereinafter lettered point L, a concrete bound
post on the short of Drunk Bay marking a northeasterly corner in
the Virgin Islands National Park boundary as shown on the said
drawing numbered NP-VI-7000, being also the northeasterly corner of
parcel numbered 1, estate Concordia (A), as delineated on the Leo
R. Sibilly, civil engineer, drawing file numbered C9-13-T55.
From the initial point L, distances in nautical miles, along
direct courses between the hereinafter lettered points at
geographic positions (latitudes north, longitudes west):
Eastward approximately 0.32 mile to point M, latitude 18
degrees 18 minutes 48 seconds, longitude 64 degrees 41 minutes 50
seconds in Sabbat Channel;
0.88 mile to point N, latitude 18 degrees 17 minutes 55
seconds, longitude 64 degrees 41 minutes 50 seconds in the
Caribbean Sea;
0.40 mile to point O, latitude 18 degrees 17 minutes 55
seconds, longitude 64 degrees 42 minutes 15 seconds in the
Caribbean Sea;
1.88 miles to point P, latitude 18 degrees 18 minutes 48
seconds, longitude 64 degrees 44 minutes 00 seconds in the
Caribbean Sea;
1.74 miles to point Q, latitude 18 degrees 18 minutes 48
seconds, longitude 64 degrees 45 minutes 50 seconds in the
Caribbean Sea;
0.45 mile to point R, latitude 18 degrees 19 minutes 15
seconds, longitude 64 degrees 45 minutes 50 seconds in Fish Bay;
Eastward approximately 0.08 mile to point S on the shore of
Fish Bay, a corner in the present Virgin Islands National Park,
as delineated on said drawing numbered NP-VI-7000, being the
northwesterly corner of parcel numbered 2 estate Fish Bay,
numbered 8 Reef Bay Quarter, and the terminus of the delineated
course "south 78 degrees 52 minutes west distance 1,178.9 feet"
as depicted on the Leo R. Sibilly, civil engineer, drawing file
numbered G9-385-T56.
Thence running generally eastward along the present southerly
park boundary as it follows the southerly shore of the island of
Saint John as depicted on the said drawing numbered NP-VI-7000 to
point L, the point of beginning.
The area described contains approximately 1,550 acres.
HASSEL ISLAND
The area known as Hassel Island in Saint Thomas Harbor consisting
of approximately 135 acres, together with such adjoining lands,
submerged lands, and waters as the Secretary of the Interior deems
appropriate, but the boundaries shall not, in any event, extend
beyond 100 yards from the mean high water mark of the island.
Lands, submerged lands, and waters added to the Virgin Islands
National Park pursuant to sections 398c to 398f of this title shall
be subject to administration by the Secretary of the Interior in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented.
-SOURCE-
(Pub. L. 87-750, Sec. 1, Oct. 5, 1962, 76 Stat. 746; Pub. L.
95-348, Sec. 7(a), Aug. 18, 1978, 92 Stat. 493.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-348 inserted provisions relating to boundaries
of Hassel Island located in Saint Thomas Harbor and adjoining
lands, submerged lands, and waters.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398d, 398e of this title;
title 48 section 1705.
-End-
-CITE-
16 USC Sec. 398d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398d. Acquisition of lands, waters, and interests therein
-STATUTE-
(a) Authorization; payment requirements; interest rate
Within the boundaries of Virgin Islands National Park as
established and adjusted pursuant to sections 398 and 398a of this
title, and as revised by sections 398c to 398f of this title, the
Secretary of the Interior is authorized to acquire lands, waters,
and interests therein by purchase, exchange or donation or with
donated funds. In acquiring such lands, up to 6.6 acres, the
Secretary may, when agreed upon by the landowner involved, defer
payment or schedule payments over a period of ten years and pay
interest on the unpaid balance at a rate not exceeding the current
prevailing commercial rate.
(b) Employment and training of residents to develop, etc., area
The Secretary is authorized and directed to the maximum extent
feasible to employ and train residents of the Virgin Islands to
develop, maintain, and administer the Virgin Islands National Park.
(c) Payment requirements for acquisition of Hassel Island from
United States
Subject to continued protection and use of Hassel Island for park
and recreation purposes, and such other conditions as the Secretary
may deem appropriate, the Territory of the Virgin Islands may,
within, but not after, five years after August 18, 1978, by duly
enacted legislation acquire all interests of the United States in
Hassel Island by reimbursing the United States in an amount equal
to the amount actually expended by the United States for the
acquisition of lands and interests in lands and for the costs of
construction of permanent improvements, if any.
(d) Rights of owners of improved property on Hassel Island to use
and occupancy of property for noncommercial residential purposes;
term; payment requirements; suspension of authority to condemn
Royal Mail property; "improved property" defined; termination of
rights of owners to use and occupancy
(1) Except for property deemed necessary by the Secretary of the
Interior for visitor facilities or administration of the park, any
owner or owners of improved property on Hassel Island on the date
of its acquisition, may retain for themselves a right of use and
occupancy of the property for noncommercial residential purposes
for twenty-five years or, in lieu thereof, for a term ending at the
death of the owner or the owner's spouse, whichever is later. The
owner shall elect the term to be reserved. The Secretary shall pay
to the owner the fair market value of the property on the date of
such acquisition, less the fair market value on such date of the
right retained by the owner. The authority of the Secretary to
acquire the property commonly known as the Royal Mail (hotel) by
condemnation shall be suspended for ten years from August 18, 1978,
if such owner or owners agree, in writing, within ninety days after
August 18, 1978, to grant to the United States the right to
purchase such property at a purchase price, mutually agreed upon by
the Secretary and the landowner, which does not exceed the fixed
value of said property on July 1, 1978.
(2) As used in subsection (d)(1) of this section, "improved
property" means a single-family dwelling, the construction of which
began before January 1, 1977, together with such lands as are in
the same ownership and appurtenant buildings located thereon.
(3) The Secretary may terminate a right of use and occupancy
retained pursuant to subsection (d)(1) of this section upon his
determination that such use and occupancy is being, or may be,
exercised in a manner inconsistent with the purposes for which they
were included within the park and upon tender to the holder of such
right of the amount equal to the value of that portion of the right
which remains unexpired on the date of termination.
-SOURCE-
(Pub. L. 87-750, Sec. 2, Oct. 5, 1962, 76 Stat. 747; Pub. L.
95-348, Sec. 7(b)(1)-(3), Aug. 18, 1978, 92 Stat. 494.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-348 designated existing provisions as subsec.
(a), inserted provisions respecting acquisitions of up to 6.6
acres, and added subsecs. (b) to (d).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398c, 398e of this title;
title 48 section 1705.
-End-
-CITE-
16 USC Sec. 398e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398e. Bathing and fishing rights protected
-STATUTE-
(a) Regulations
Nothing in sections 398c to 398f of this title shall be construed
as authorizing any limitation on customary uses of or access to the
areas specified in section 398c of this title for bathing and
fishing (including setting out of fishpots and landing boats),
subject to such regulations as the Secretary of the Interior may
find reasonable and necessary for protection of natural conditions
and prevention of damage to marine life and formations.
(b) Admission fee prohibited
Notwithstanding any provision of law to the contrary, no fee or
charge shall be imposed for entrance or admission into the Virgin
Islands National Park.
-SOURCE-
(Pub. L. 87-750, Sec. 3, Oct. 5, 1962, 76 Stat. 747; Pub. L.
95-348, Sec. 7(b)(4), Aug. 18, 1978, 92 Stat. 495.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-348 designated existing provisions as subsec.
(a) and added subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398c, 398d of this title.
-End-
-CITE-
16 USC Sec. 398f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398f. Authorization of appropriations for acquisitions,
grants, etc.
-STATUTE-
Effective October 1, 1978, there are authorized to be
appropriated such sums as may be necessary for the acquisition of
lands and interests in lands within the Virgin Islands National
Park. For purposes of this section, acquisitions of land on Hassel
Island shall be deemed to be acquisitions qualifying for payment
under the provisions of paragraph (2) of the Act of June 10, 1977
(Public Law 95-42; 91 Stat. 210) [16 U.S.C. 460l-7]. In addition to
such sums as may have heretofore been appropriated for development
of public facilities within the Virgin Islands National Park,
effective October 1, 1978, there are authorized to be appropriated
not more than $1,000,000 for restoration and rehabilitation of
historic structures and for development of public facilities on
Hassel Island, and not more than $500,000 as a grant to the
Territory of the Virgin Islands for its use in furthering projects
undertaken pursuant to the Land and Water Conservation Fund Act [16
U.S.C. 460l-4 et seq.], the Historic Preservation Act [16 U.S.C.
470 et seq.], or other comparable programs upon the transfer of
title to the United States of all properties held by the territory
on Hassel Island.
-SOURCE-
(Pub. L. 87-750, Sec. 4, Oct. 5, 1962, 76 Stat. 748; Pub. L.
93-477, title I, Sec. 101(10), Oct. 26, 1974, 88 Stat. 1445; Pub.
L. 95-348, Sec. 7(b)(5), Aug. 18, 1978, 92 Stat. 495.)
-REFTEXT-
REFERENCES IN TEXT
Paragraph (2) of the Act of June 10, 1977 (Public Law 95-42; 91
Stat. 210), referred to in text, amended section 460l-7 of this
title.
The Land and Water Conservation Fund Act, referred to in text,
probably means the Land and Water Conservation Fund Act of 1965,
Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is
classified principally to part B (Sec. 460l-4 et seq.) of
subchapter LXIX of chapter 1 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 460l-4 of this title and Tables.
The Historic Preservation Act, referred to in text, probably
means Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
known as the National Historic Preservation Act, which is
classified generally to subchapter II (Sec. 470 et seq.) of chapter
1A of this title. For complete classification of this Act to the
Code, see section 470(a) of this title and Tables.
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-348 substituted provisions authorizing
appropriations for acquisition of lands and interests in lands in
the Park, provisions for acquisitions of land on Hassel Island, and
provisions authorizing appropriations for restoration and
rehabilitation of historic structures, etc., on Hassel Island and
as a grant for the Territory, for provisions authorizing
appropriations of not more than $12,250,000 for acquisition of
lands pursuant to section 398d of this title.
1974 - Pub. L. 93-477 substituted "$12,250,000" for "$1,250,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398c, 398d, 398e of this
title.
-End-
-CITE-
16 USC SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-CHANGE-
CHANGE OF NAME
Utah National Park changed to Bryce Canyon National Park, see
section 402a of this title.
-End-
-CITE-
16 USC Sec. 401 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 401. Establishment; boundaries; administration
-STATUTE-
There is 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,
under the name of the "Bryce Canyon National Park," the tract of
land in the State of Utah particularly described by and included
within metes and bounds, as follows, to wit:
Unsurveyed sections 31 and 32, township 36 south, range 3 west;
surveyed section 36, township 36 south, range 4 west; north half,
southwest quarter and west half of the southeast quarter of
partially surveyed section 5; unsurveyed sections 6 and 7, west
half, west half of the northeast quarter, and west half of the
southeast quarter of partially surveyed section 8, partially
surveyed section 17, and unsurveyed section 18, township 37 south,
range 3 west; and unsurveyed sections 1, 12, and 13, township 37
south, range 4, all west of the Salt Lake meridian in the State of
Utah. All the land within the exterior boundaries of the aforesaid
tract shall first become the property of the United States. The
administration, protection, and promotion of said Bryce Canyon
National Park shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to
the provisions of sections 1, 2, 3, and 4 of this title.
-SOURCE-
(June 7, 1924, ch. 305, Secs. 1, 2, 43 Stat. 593, 594; Feb. 25,
1928, ch. 102, Sec. 1, 45 Stat. 147; May 12, 1928, ch. 533, Sec. 1,
45 Stat. 502.)
-COD-
CODIFICATION
The last sentence of this section is from section 2 of act June
7, 1924.
-MISC1-
AMENDMENTS
1928 - Act May 12, 1928, changed description of land in section 8
from "west half of the southwest quarter" to "west half of the
southeast quarter".
-CHANGE-
CHANGE OF NAME
"Utah National Park" changed to "Bryce Canyon National Park" by
section 1 of act Feb. 25, 1928, classified to section 402a of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 402a, 402b, 402c of this
title.
-End-
-CITE-
16 USC Sec. 402 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402. Existing claims, locations, or entries not affected;
exchange of lands
-STATUTE-
Nothing herein contained shall affect any valid claim, location,
or entry existing under the land laws of the United States prior to
June 7, 1924, whether for homestead, mineral, right-of-way, or any
other purpose whatsoever, or shall affect the rights of any such
claimant, locator, or entryman to the full use and enjoyment of his
land. The Secretary of the Interior is authorized to exchange, in
his discretion, alienated lands in Bryce Canyon National Park for
unappropriated and unreserved public lands of equal value and
approximately equal area in the State of Utah outside of said park.
-SOURCE-
(June 7, 1924, ch. 305, Sec. 3, 43 Stat. 594; Feb. 25, 1928, ch.
102, Sec. 1, 45 Stat. 147.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act June 7, 1924, which is
classified to sections 346, 401 and 402 of this title. For complete
classification of this Act to the Code, see Tables.
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
-COD-
CODIFICATION
The last sentence of this section as originally enacted is
expressly applicable also to Zion National Park. See section 346 of
this title.
-CHANGE-
CHANGE OF NAME
"Utah National Park" changed to "Bryce Canyon National Park" by
section 1 of act Feb. 25, 1928, classified to section 402a of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 402b, 402c of this title.
-End-
-CITE-
16 USC Sec. 402a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402a. Utah National Park; change of name to Bryce Canyon
National Park
-STATUTE-
The area within the State of Utah described in section 401 of
this title, providing for the establishment of the Utah National
Park, shall be, when established as a national park, known as the
Bryce Canyon National Park.
-SOURCE-
(Feb. 25, 1928, ch. 102, Sec. 1, 45 Stat. 147.)
-End-
-CITE-
16 USC Sec. 402b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402b. Additions to park
-STATUTE-
The east half east half section 25, township 36 south, range 4
west; the east half and southwest quarter section 20, and all of
sections 21, 29, and 30, township 36 south, range 3 west; all of
sections 24 and 25, township 37 south, range 4 west; and all of
sections 19 and 30, township 37 south, range 3 west, Salt Lake
meridian, are excluded from the Powell National Forest and made a
part of the Bryce Canyon National Park, subject to the provisions
of sections 346, 401, and 402 of this title.
-SOURCE-
(Feb. 25, 1928, ch. 102, Sec. 2, 45 Stat. 147; May 12, 1928, ch.
533, Sec. 2, 45 Stat. 502.)
-MISC1-
AMENDMENTS
1928 - Act May 12, 1928, corrected description of land in section
20 by inserting "and" between "east half" and "southwest quarter".
-End-
-CITE-
16 USC Sec. 402c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402c. Further additions to park
-STATUTE-
Unsurveyed sections 28 and 33, township 36 south, range 3 west,
and section 20, township 37 south, range 3 west, Salt Lake
meridian, public lands of the United States, are added to and made
a part of the Bryce Canyon National Park subject to the provisions
of sections 346, 401, and 402 of this title.
-SOURCE-
(Feb. 25, 1928, ch. 102, Sec. 3, 45 Stat. 147.)
-End-
-CITE-
16 USC Sec. 402d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402d. Extension of boundaries; laws applicable
-STATUTE-
For the purpose of preserving in their natural state the
outstanding scenic features to the south and west of Bryce Canyon
National Park, the President of the United States is authorized,
upon the joint recommendation of the Secretaries of Interior and of
Agriculture, to add to the Bryce Canyon National Park, in the State
of Utah, by Executive proclamation, any or all of unsurveyed
townships 37 and 38 south, range 4 west, Salt Lake meridian, not
included in said park, on June 13, 1930, and all the lands added to
said park pursuant hereto shall be, and are, made subject to all
laws, rules, and regulations applicable to and in force in the
Bryce Canyon National Park.
-SOURCE-
(June 13, 1930, ch. 480, Sec. 1, 46 Stat. 582.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 402e of this title.
-End-
-CITE-
16 USC Sec. 402e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402e. Application of Federal Power Act
-STATUTE-
The provisions of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to lands included in the Bryce Canyon National Park
on June 13, 1930, nor to any lands added to said park under the
authority of section 402d of this title.
-SOURCE-
(June 13, 1930, ch. 480, Sec. 2, 46 Stat. 583.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act of June 10, 1920, known as the Federal Water Power Act,"
and was redesignated as the Federal Power Act by section 791a of
this title. The Federal Power Act is act June 10, 1920, ch. 285, 41
Stat. 1063, as amended, and is classified generally to chapter 12
(Sec. 791a et seq.) of this title. For complete classification of
this Act to the Code, see section 791a of this title and Tables.
-End-
-CITE-
16 USC Sec. 402f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402f. Further additions to park
-STATUTE-
For the purpose of preserving in their natural state the
outstanding scenic features thereon and for the purpose of rounding
out the boundary of the Bryce Canyon National Park, the President
of the United States is authorized, upon the joint recommendation
of the Secretaries of Interior and of Agriculture, to add to said
park by Executive proclamation any or all of the
following-described lands in the State of Utah, which shall
thereupon become and be a part of said park subject to all laws and
regulations applicable thereto, to wit: South half southwest
quarter section 2, south half south half section 3, southeast
quarter southeast quarter section 4, east half section 8, sections
9, 10, west half section 11, west half section 14, sections 15, 16,
east half, northeast quarter northwest quarter, east half northwest
quarter northwest quarter, north half southeast quarter northwest
quarter, south half northeast quarter southwest quarter, north half
south half southeast quarter northwest quarter and north half
southeast quarter southwest quarter section 17, south half south
half section 19, south half northwest quarter section 20, west
half, west half east half and northeast quarter northeast quarter
section 22, north half northwest quarter section 23, west half
section 27, and north half northwest quarter section 34, township
36 south, range 3 west; lots 3 and 4, south half northwest quarter
section 4, northeast quarter northeast quarter and southeast
quarter southeast quarter section 8, township 37 south, range 3
west; west half east half and southwest quarter section 25,
unsurveyed township 36 south, range 4 west; lots 3 and 4, south
half west half section 3, lots 1, 2, 3, and 4 and south half
section 4, and lots 1 and 2 and south half east half section 5,
township 39 south, range 4 west, Salt Lake meridian: Provided, That
nothing herein shall affect any valid existing claims upon the
lands herein authorized to be added to the park or the rights of
stockmen to continue to drive stock over the lands now under an
existing stock driveway withdrawal.
-SOURCE-
(Feb. 17, 1931, ch. 209, Sec. 1, 46 Stat. 1166; Mar. 7, 1942, ch.
161, 56 Stat. 141.)
-MISC1-
AMENDMENTS
1942 - Act Mar. 7, 1942, corrected description of portions of the
land.
-End-
-CITE-
16 USC Sec. 402g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLV - BRYCE CANYON NATIONAL PARK
-HEAD-
Sec. 402g. Elimination of lands
-STATUTE-
The following-described lands are eliminated from the Bryce
Canyon National Park and shall hereafter be included in and become
a part of the Powell National Forest, subject to all laws and
regulations applicable thereto, to wit: Section 30, township 37
south, range 3 west; section 25, unsurveyed township 37 south,
range 4 west, Salt Lake meridian.
-SOURCE-
(Feb. 17, 1931, ch. 209, Sec. 2, 46 Stat. 1167.)
-End-
-CITE-
16 USC SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND
GREAT SMOKY MOUNTAINS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY
MOUNTAINS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 403 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403. Establishment; boundaries
-STATUTE-
When title to lands within the areas hereinafter referred to
shall have been vested in the United States in fee simple there are
established, dedicated, and set apart as public parks for the
benefit and enjoyment of the people, the tract of land in the Blue
Ridge, in the State of Virginia, being approximately five hundred
and twenty-one thousand acres recommended by the Secretary of the
Interior in his report of April 14, 1926, which area, or any part
or parts thereof as may be accepted on behalf of the United States
in accordance with the provisions hereof, shall be known as the
Shenandoah National Park; and the tract of land in the Great Smoky
Mountains in the States of North Carolina and Tennessee being
approximately seven hundred and four thousand acres, recommended by
the Secretary of the Interior in his report of April 14, 1926,
which area, or any part or parts thereof as may be accepted on
behalf of the United States in accordance with the provisions
hereof, shall be known as the Great Smoky Mountains National Park:
Provided, That the United States shall not purchase by
appropriation of public moneys any land within the aforesaid areas,
but that such lands shall be secured by the United States only by
public or private donation.
-SOURCE-
(May 22, 1926, ch. 363, Sec. 1, 44 Stat. 616.)
-MISC1-
LAND EXCHANGE IN GREAT SMOKY MOUNTAINS NATIONAL PARK
For land exchange between National Park Service and Eastern Band
of Cherokee Indians involving tract in Great Smoky Mountains
National Park, see section 138 of Pub. L. 108-108, classified as a
note under section 460a-5 of this title.
RIGHT-OF-WAY PERMITS FOR NATURAL GAS PIPELINES IN GREAT SMOKY
MOUNTAINS NATIONAL PARK
Pub. L. 107-223, Aug. 21, 2002, 116 Stat. 1338, authorized the
Secretary of the Interior to issue right-of-way permits for natural
gas pipelines existing as of Sept. 1, 2001, or proposed for certain
specified locations, within the boundary of Great Smoky Mountains
National Park, subject to certain terms and conditions and
consistent with laws and regulations generally applicable to
utility rights-of-way within units of the National Park System.
SHENANDOAH NATIONAL PARK; ROADS ON FEDERAL LAND; TRANSFER OF COUNTY
ROAD CORRIDORS
Pub. L. 104-59, title III, Sec. 349(b), Nov. 28, 1995, 109 Stat.
618, permitted State of Virginia to maintain and provide for safe
public use of certain roads that State donated to United States at
time of establishment of Shenandoah National Park; established
transfer from United States to State of county road corridors for
that purpose; defined "county road corridor" and "Shenandoah county
road"; and provided for reversion of corridors should they be
withdrawn from use as public roadways.
TRANSFER OF LAND FOR USE AS CUSTOMS SERVICE CANINE ENFORCEMENT
TRAINING CENTER
Pub. L. 102-393, title V, Sec. 533, Oct. 6, 1992, 106 Stat. 1763,
provided that:
"(a) In General. - Subject to subsection (b), the Secretary of
the Interior may transfer certain land located in the Shenandoah
National Park and described in subsection (c) to the Secretary of
the Treasury for use by the Secretary of the Treasury as a United
States Customs Service Canine Enforcement Training Center.
"(b) Conditions of Transfer. -
"(1) Protection of the park. - An agreement to transfer
pursuant to subsection (a) shall include such provisions for the
protection of Shenandoah National Park as the Secretary of the
Interior considers necessary.
"(2) Consideration. - A transfer made pursuant to subsection
(a) shall be made without consideration or reimbursement.
"(3) Abandonment. - If the land referred to in subsection (a)
is abandoned by the Secretary of the Treasury at any time,
administrative jurisdiction of the land shall revert to the
Department of the Interior.
"(c) Description of the Land. - The land referred to in
subsection (a) is a plot of fenced land equaling 9.888 acres
containing buildings, structures, fixtures, equipment, and other
improvements affixed to or resting upon the land, and has the
following legal description:
"The tract of land located just west of Road No. 604 about one
mile south of Front Royal, Warren County, Virginia, and bounded as
follows:
"Beginning at (1) a monument in the line of the land of Lawson
just west of Road No. 604; thence with the land of Lawson, and then
with a new division line through the land of Shenandoah National
Park north 59 degrees 45 minutes 38 seconds west 506.05 feet to (2)
a Concrete Monument set, said point being north 59 degrees 45
minutes 38 seconds west 9.26 feet from a monument to a corner to
the land of Lawson; thence with another new division line through
the land of Shenandoah National Park north 31 degrees 31 minutes 00
seconds east 1206.07 feet to (3) a Concrete Monument set in the
line of the land of the United States Government; thence with the
land of the United States Government for the following two courses:
south 07 degrees 49 minutes 31 seconds east 203.98 feet to (4);
thence south 09 degrees 10 minutes 06 seconds east 27.79 feet to
(5) a corner between the land of the United States Government and
the land of United States Customs Service Detector Dog Training
Center; thence with 282.896 acre tract of land of United States
Customs Service Detector Dog Training Center for the following six
courses: south 10 degrees 38 minutes 32 seconds east 152.47 feet to
(6); thence south 00 degrees 48 minutes 32 seconds west 127.52 feet
to (7); thence south 08 degrees 25 minutes 46 seconds west 422.15
feet to (8); thence south 14 degrees 37 minutes 16 seconds west
106.47 feet to (9); thence south 27 degrees 13 minutes 28 seconds
west 158.11 feet to (10); thence south 38 degrees 17 minutes 36
seconds west 146.44 feet to the point of beginning, containing
9.888 acres, more or less."
[For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.]
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 403a, 403c, 403f, 403h,
403i, 403k, 403k-2 of this title.
-End-
-CITE-
16 USC Sec. 403-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403-1. Addition of lands to Shenandoah National Park
-STATUTE-
The following described lands of the Front Royal Quartermaster
Depot Military Reservation, Virginia, are made a part of the
Shenandoah National Park, subject to all laws and regulations
applicable thereto: Beginning at concrete monument numbered 10 in
the boundary line of the Front Royal Remount Depot, and running
thence along said boundary line, north 70 degrees 00 minutes west
3,465.0 feet to monument numbered 11, thence north 40 degrees 30
minutes west 1,881.0 feet to monument numbered 12, thence north 2
degrees 00 minutes west 792.0 feet to monument numbered 13, thence
north 78 degrees 00 minutes west 693.0 feet to monument numbered
14, thence south 1 degree 30 minutes west 379.5 feet to monument
numbered 15, thence south 61 degrees 15 minutes west 2,244.0 feet
to monument numbered 16, thence south 16 degrees 00 minutes east
2,640.0 feet to monument numbered 17, thence south 61 degrees 15
minutes west 3,333.0 feet to monument numbered 18, thence south 15
degrees 00 minutes east 646.8 feet to monument numbered 19, thence
south 63 degrees 00 minutes west 627.0 feet to monument numbered
20, thence south 15 degrees 00 minutes west 1,254.0 feet to
monument numbered 21, thence south 48 degrees 00 minutes east
3,267.0 feet to monument numbered 22, thence north 34 degrees 00
minutes east 297.0 feet to monument numbered 23, thence north 25
degrees 00 minutes west 1,551.0 feet to monument numbered 24,
thence north 67 degrees 00 minutes east 1,716.0 feet to monument
numbered 25, thence north 58 degrees 00 minutes east 2,862.75 feet
to monument numbered 26, thence north 79 degrees 00 minutes east
2,377.15 feet to monument numbered 27, thence south 28 degrees 30
minutes west 338.25 feet to monument numbered 28 (offset 4 feet
west), thence south 30 degrees 00 minutes west 462.0 feet to
monument numbered 29 (offset 14 feet east), thence south 40 degrees
00 minutes west 396.0 feet to monument numbered 30 (offset 9.0 feet
east), thence south 54 degrees 00 minutes west 132.0 feet to
monument numbered 31 (offset 10.0 feet east), thence south 75
degrees 00 minutes west 429.0 feet to monument numbered 32, thence
south 62 degrees 00 minutes west 297.0 feet to monument numbered 33
(offset 3.0 feet southeast), thence south 41 degrees 00 minutes
west 462.0 feet to monument numbered 34 (offset 5.0 feet south),
thence south 53 degrees 00 minutes west 264.0 feet to monument
numbered 35 (offset 4 feet south), thence south 80 degrees 00
minutes west 165.0 feet to monument numbered 36 (offset 8.0 feet
south), thence north 85 degrees 00 minutes west 396.0 feet to
monument numbered 37 (offset 9.0 feet north), south 40 degrees 00
minutes west 354.75 feet to monument numbered 38, thence south 27
degrees 00 minutes east 1,023.0 feet to monument numbered 39,
thence north 73 degrees 30 minutes east, 1,518.0 feet to monument
numbered 40, thence north 52 degrees 00 minutes east 330.0 feet to
monument numbered 41, thence along a proposed boundary line north
19 degrees 51 minutes east 1,684.5 feet to point A.1, thence north
52 degrees 20 minutes east 1,107.0 feet to point A.2, thence north
39 degrees 26 minutes east 717.5 feet to a point A.3, thence north
26 degrees 11 minutes east 1,978.0 feet to concrete monument
numbered 10, the point of beginning, it being the intent of this
section to add to the Shenandoah National Park all that portion of
the Front Royal Quartermaster Depot Military Reservation lying west
of a line between monuments numbered 41 and 10, as described by the
last four courses of the above description. The tract as described
contains an area 977 1/2 acres, more or less.
-SOURCE-
(June 13, 1939, ch. 198, 53 Stat. 815.)
-End-
-CITE-
16 USC Sec. 403-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
-HEAD-
Sec. 403-2. Exchange of lands within Shenandoah National Park
-STATUTE-
The Secretary of the Interior may accept title to approximately
37.44 acres of land within the authorized boundaries of the
Shenandoah National Park, said land fronting on United States
Highway Numbered 211 and being more particularly described as
follows:
Beginning at park monument H-8, thence with the park boundary
line the following courses and distances: north 51 degrees 57
minutes, east 2,242.0 feet to park monument H-9; south 26 degrees
40 minutes, east 51.0 feet to park monument H-10; south 32 degrees
40 minutes, east 340.0 feet to park monument H-11; south 11 degrees
35 minutes, east 190.0 feet to park monument H-12; south 41 degrees
26 minutes, east 329.0 feet to park monument H-13; thence crossing
Pass Run south 57 degrees 00 minutes 36 seconds, west 1,871.32 feet
to a marked white oak tree near the northeast edge of the fire road
on top of Piney Mountain, thence north 58 degrees 36 minutes, west
771.16 feet to the point of beginning.
In exchange for the aforesaid land the Secretary is authorized to
convey on the basis of approximately equal values a parcel of park
land containing approximately 38.58 acres, being more particularly
described as follows:
Beginning at park monument P-153, a point in the center of Route
666, Virginia Department of Highways, thence with the park boundary
line the following courses and distances: north 66 degrees 27
minutes, west 345.0 feet to park monument P-152; north 41 degrees
08 minutes, east 705.0 feet to park monument P-151; north 63
degrees 01 minutes, west 302.0 feet to park monument P-150; north
30 degrees 38 minutes, east 1,110.0 feet to park monument P-149;
south 74 degrees 36 minutes, east 443.0 feet to park monument
P-148; north 41 degrees 33 minutes, east 109.0 feet to park
monument P-147; south 69 degrees 50 minutes, east 668.0 feet to the
center of the said Route 666; thence leaving the courses of the
park boundary line and following the alinement of said Route 666
for the following courses and distances; south 36 degrees 26
minutes, west 436.0 feet; south 33 degrees 45 minutes, west 398.0
feet; south 29 degrees 39 minutes, west 388.0 feet; south 13
degrees, 55 minutes, west 100.0 feet; south 04 degrees 16 minutes,
west 70.0 feet; south 32 degrees 37 minutes, west 49.0 feet; north
89 degrees 45 minutes, west 43.0 feet; north 66 degrees 43 minutes,
west 50.0 feet; north 89 degrees 26 minutes, west 100.0 feet; north
73 degrees 39 minutes, west 78.0 feet; north 84 degrees 11 minutes, (continued)