Loading (50 kb)...'

(continued)
west 45.0 feet; south 72 degrees 08 minutes, west 100.0 feet; south
43 degrees 17 minutes, west 50.0 feet; south 30 degrees 57 minutes,
west 73.0 feet; south 47 degrees 22 minutes, west 70.0 feet; south
65 degrees 32 minutes, west 68.0 feet; south 80 degrees 05 minutes,
west 130.0 feet; south 51 degrees 40 minutes, west 118.0 feet;
south 66 degrees 51 minutes, west 36.0 feet; to the point of
beginning.

-SOURCE-
(Pub. L. 86-775, Sept. 13, 1960, 74 Stat. 915.)

-End-



-CITE-
16 USC Sec. 403-3 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. 403-3. Addition of lands to Shenandoah National Park;
administration

-STATUTE-
Subject to valid existing rights, the lands and interests in
lands which comprise section 1-A of the Blue Ridge Parkway and lie
between the southern boundary of the Shenandoah National Park at
Jarman Gap and parkway centerline station 448+00 at Rockfish Gap
are excluded from the parkway, made a part of the Shenandoah
National Park, and shall be administered in accordance with
sections 1, 2, 3, and 4 of this title, as amended and supplemented.

-SOURCE-
(Pub. L. 87-71, June 30, 1961, 75 Stat. 192.)

-End-



-CITE-
16 USC Sec. 403a 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. 403a. Acceptance of title to lands

-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept as hereinafter provided on behalf of the United States
title to the lands referred to in section 403 of this title and to
be purchased with the $1,200,000 which has been subscribed by the
State of Virginia and the Shenandoah National Park Association of
Virginia and with other contributions for the purchase of lands in
the Shenandoah National Park area, and with the $1,066,693 which
has been subscribed by the State of Tennessee and the Great Smoky
Mountains Conservation Association and by the Great Smoky Mountains
(Incorporated) (North Carolina) and with other contributions for
the purchase of lands in the Great Smoky Mountains National Park
area.

-SOURCE-
(May 22, 1926, ch. 363, Sec. 2, 44 Stat. 616.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 403c, 403f, 403h, 403i,
403k, 403k-2 of this title.

-End-



-CITE-
16 USC Sec. 403b 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. 403b. Administration, protection, and development; Federal
Power Act inapplicable; minimum area

-STATUTE-
The administration, protection, and development of the aforesaid
parks 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, as amended:
Provided, That the provisions of the Federal Power Act [16 U.S.C.
791a et seq.] shall not apply to these parks: And provided further,
That the minimum area to be administered and protected by the
National Park Service shall be for the Shenandoah National Park
area one hundred and sixty thousand acres and for the Great Smoky
Mountains National Park area four hundred thousand acres: Provided
further, That no general development of either of these areas shall
be undertaken until a major portion of the remainder in such area
shall have been accepted by said Secretary.

-SOURCE-
(May 22, 1926, ch. 363, Sec. 3, 44 Stat. 616; Feb. 16, 1928, ch.
59, Sec. 1, 45 Stat. 109; Feb. 4, 1932, ch. 19, Sec. 1, 47 Stat.
37; June 15, 1934, ch. 538, Sec. 1, 48 Stat. 964.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act approved June 10, 1920, known as the Federal Water Power
Act," and was redesignated 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.


-MISC1-
AMENDMENTS
1934 - Act June 15, 1934, changed minimum area for Great Smoky
Mountains National Park to 400,000 acres.
1932 - Act Feb. 4, 1932, changed minimum area for Shenandoah
National Park to 160,000 acres.
1928 - Act Feb. 16, 1928, changed minimum area for Shenandoah
National Park to 327,000 acres.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 403c, 403f, 403h, 403i,
403k, 403k-2 of this title.

-End-



-CITE-
16 USC Sec. 403c 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. 403c. Use of existing commission

-STATUTE-
The Secretary of the Interior may for the purpose of carrying out
the provisions of sections 403 and 403a to 403c of this title
employ the commission authorized by the Act approved February 21,
1925.

-SOURCE-
(May 22, 1926, ch. 363, Sec. 4, 44 Stat. 617.)

-REFTEXT-
REFERENCES IN TEXT
Act February 21, 1925, ch. 281, 43 Stat. 958, referred to in
text, was a temporary act and was not classified to the Code.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 403b, 403h, 403i, 403k,
403k-2 of this title.

-End-



-CITE-
16 USC Sec. 403c-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. 403c-1. Respective jurisdiction of Virginia and United States
over lands in Shenandoah Park

-STATUTE-
In order to provide for uniform Federal jurisdiction over all of
the lands now or hereafter embraced within the Shenandoah National
Park, the provisions of the Act of the General Assembly of the
Commonwealth of Virginia, approved April 1, 1940 (Acts of 1940, ch.
402, p. 725), fixing and defining the respective jurisdiction and
powers of the Commonwealth of Virginia and the United States and
ceding to the United States exclusive police jurisdiction over all
lands now or hereafter included within the park are accepted and
such exclusive jurisdiction is assumed by the United States over
such lands. From June 5, 1942, the respective jurisdiction and
powers of the Commonwealth of Virginia and the United States over
all lands within the Shenandoah National Park as it is now
constituted or may hereafter be extended shall be as follows:
(a) The United States shall have exclusive jurisdiction,
legislative, executive, and judicial, with respect to the
commission of crimes, and the arrest, trial, and punishment
therefor, and exclusive general police jurisdiction thereover.
(b) The United States shall have the power to regulate or
prohibit the sale of alcoholic beverages on said lands: Provided,
however, That, if the sale of alcoholic beverages is prohibited by
general law in the Commonwealth of Virginia outside of said lands,
no such alcoholic beverages shall be sold on said lands contained
in said park area: And provided further, That, if the general laws
of the Commonwealth of Virginia permit the sale of alcoholic
beverages, then the regulations of the United States relating to
such sales on said lands shall conform as nearly as possible to the
regulatory provisions in accordance with which such sales are
permitted in the Commonwealth of Virginia outside of said park
lands. Nothing in this subsection shall be construed as reserving
in the Commonwealth power to require licenses of persons engaged in
the sale of intoxicating beverages on said lands, nor the power to
require that any sales be made through official liquor stores.
(c) The Commonwealth of Virginia shall have jurisdiction to serve
civil process within the limits of said park in any suits properly
instituted in any of the courts of the Commonwealth of Virginia,
and to serve criminal process within said limits in any suits or
prosecutions for or on account of crimes committed in said
Commonwealth but outside of said park.
(d) The Commonwealth of Virginia shall have the jurisdiction and
power to levy a nondiscriminatory tax on all alcoholic beverages
possessed or sold on said lands.
(e) The Commonwealth of Virginia shall have jurisdiction and
power to tax the sales of oil and gasoline, and other motor-vehicle
fuels and lubricants for use in motor vehicles. This subsection
shall not be construed as a consent by the United States to the
taxation by the Commonwealth of such sales for the exclusive use of
the United States.
(f) The Commonwealth of Virginia shall have the jurisdiction and
power to levy nondiscriminatory taxes on private individuals,
associations, and corporations, their franchises and properties, on
said lands, and on their businesses conducted thereon.
(g) The courts of the Commonwealth of Virginia shall have
concurrent jurisdiction with the courts of the United States of all
civil causes of action arising on said lands to the same extent as
if the cause of action had arisen in the county or city in which
the land lies outside the park area, and the State officers shall
have jurisdiction to enforce on said lands the judgments of said
State courts and the collection of taxes by appropriate process.
(h) Persons residing in or on any of the said lands embraced in
said Shenandoah National Park shall have the right to establish a
voting residence in Virginia by reason thereof, and the consequent
right to vote at all elections within the county or city in which
said land or lands upon which they reside are located upon like
terms and conditions, and to the same extent, as they would be
entitled to vote in such county or city if the said lands on which
they reside had not been deeded or conveyed to the United States of
America. All fugitives from justice taking refuge in the park shall
be subject to the same laws as refugees from justice found in the
Commonwealth of Virginia.

-SOURCE-
(Aug. 19, 1937, ch. 703, Sec. 1, 50 Stat. 700; June 5, 1942, ch.
343, 56 Stat. 321.)

-REFTEXT-
REFERENCES IN TEXT
The Act of the General Assembly of the Commonwealth of Virginia,
approved April 10, 1940 (Acts of 1940, ch. 402, p. 725), referred
to in text, was also set out as Va. Code 1936, Supp. 1942, Sec. 585
(58)a. For provisions relating to the respective jurisdiction of
Virginia and the United States over lands in Shenandoah Park, see
Sec. 7.1-19 of the Code of Virginia 1950.


-MISC1-
AMENDMENTS
1942 - Act June 5, 1942, amended section generally.

-End-



-CITE-
16 USC Sec. 403c-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. 403c-2. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.
992, eff. Sept. 1, 1948

-MISC1-
Section, act Aug. 19, 1937, ch. 703, Sec. 2, 50 Stat. 701,
related to inclusion of park in judicial district. See section 127
of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
16 USC Sec. 403c-3 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. 403c-3. Criminal offenses concerning hunting, fishing, and
property

-STATUTE-
All hunting or the killing, wounding, or capturing at any time of
any wild bird or animal, except dangerous animals when it is
necessary to prevent them from destroying human lives or inflicting
personal injury, is prohibited within the limits of said park; nor
shall any fish be taken out of any of the waters of the said park,
in any other way than by hook and line, and then only at such
seasons and at such times and in such manner as may be directed by
the Secretary of the Interior. The Secretary of the Interior shall
make and publish such general 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, and to prevent their being frightened
or driven from the said park; and he shall make rules and
regulations governing the taking of fish from the streams or lakes
in the said park. Possession within 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 same are guilty of
violating this Act. Any person or persons, or stage or express
company, or railway company, who knows or has reason to believe
that they were taken or killed contrary to the provisions of this
Act, and who receives for transportation any of said animals,
birds, or fish so killed, caught, or taken, or who shall violate
any of the other 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 said 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, or fish in the said park, or who shall within said
park commit any damage, injury or spoliation to or upon any
building, fence, sign, hedge, gate, guide post, tree, wood,
underwood, timber, garden, crops, vegetables, plants, land,
springs, mineral deposits, natural curiosities, or other matter or
thing growing or being thereon, or situated therein, shall be
deemed guilty of a misdemeanor and shall be subject to a fine of
not more than $500 or imprisonment not exceeding six months, or
both, and be adjudged to pay all the costs of the proceedings.

-SOURCE-
(Aug. 19, 1937, ch. 703, Sec. 3, 50 Stat. 701.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 19, 1937, which is
classified to sections 403c-1 to 403c-11 of this title. For
complete classification of this Act to the Code, see Tables.

-End-



-CITE-
16 USC Sec. 403c-4 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. 403c-4. Forfeiture of property used in commission of offenses

-STATUTE-
All guns, traps, nets, seines, teams, horses, or means of
transportation of every nature or description, used by any person
or persons within the limits of said park when engaged in killing,
trapping, ensnaring, taking, or capturing such wild beasts, birds,
fish, or animals, shall be forfeited to the United States and may
be seized by the officers in said park and held pending prosecution
of any person or persons arrested under the charge of violating the
provisions of this Act, and upon conviction under this Act of such
person or persons using said guns, traps, nets, seines, teams,
horses, or other means of transportation, such forfeiture shall be
adjudicated as a penalty in addition to the other punishment
prescribed in this Act. Such forfeited property shall be disposed
of and accounted for by and under the authority of the Secretary of
the Interior.

-SOURCE-
(Aug. 19, 1937, ch. 703, Sec. 4, 50 Stat. 701.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 19, 1937, which is
classified to sections 403c-1 to 403c-11 of this title. For
complete classification of this Act to the Code, see Tables.

-End-



-CITE-
16 USC Secs. 403c-5 to 403c-11 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-
Secs. 403c-5 to 403c-11. Repealed. June 25, 1948, ch. 646, Sec. 39,
62 Stat. 992, eff. Sept. 1, 1948

-MISC1-
Section 403c-5, acts Aug. 19, 1937, ch. 703, Sec. 5, 50 Stat.
702; May 15, 1947, ch. 57, 61 Stat. 92, related to appointment and
jurisdiction of commissioner. See provisions covering United States
magistrate judges in section 631 et seq. of Title 28, Judiciary and
Judicial Procedure.
Section 403c-6, act Aug. 19, 1937, ch. 703, Sec. 6, 50 Stat. 702,
related to jurisdiction of other commissioners. See provisions
covering United States magistrate judges in section 631 et seq. of
Title 28.
Section 403c-7, act Aug. 19, 1937, ch. 703, Sec. 7, 50 Stat. 702,
related to issuance of process. See sections 3041 and 3141 of Title
18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of
Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 403c-8, act Aug. 19, 1937, ch. 703, Sec. 8, 50 Stat. 702,
related to whom process is directed. See section 3053 of Title 18,
rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix,
and rule 4 of Federal Rules of Civil Procedure, Title 28, Appendix,
Judiciary and Judicial Procedure.
Section 403c-9, act Aug. 19, 1937, ch. 703, Sec. 9, 50 Stat. 702,
related to commissioner's [now magistrate judge's] salary.
Section 403c-10, act Aug. 19, 1937, ch. 703, Sec. 10, 50 Stat.
703, related to fees, costs, and expenses against United States.
See section 604 of Title 28, Judiciary and Judicial Procedure.
Section 403c-11, act Aug. 19, 1937, ch. 703, Sec. 11, 50 Stat.
703, related to disposition of fines and costs. See section 634 of
Title 28.

-End-



-CITE-
16 USC Sec. 403d 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. 403d. Lease of lands within Shenandoah National Park and Great
Smoky Mountains National Park

-STATUTE-
The Secretary of the Interior is authorized to lease lands within
the Shenandoah National Park and Great Smoky Mountains National
Park for periods not exceeding two years, upon such conditions as
he may in his discretion deem proper, to persons and educational or
religious institutions occupying same or who had or claim to have
had some interest in the title to the same prior to the
establishment of the park.

-SOURCE-
(Feb. 16, 1928, ch. 59, Sec. 2, 45 Stat. 109.)

-End-



-CITE-
16 USC Sec. 403e 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. 403e. Acceptance of title to lands; reservations; leases;
rights-of-way and easements

-STATUTE-
The Secretary of the Interior is authorized in his discretion to
accept title to lands tendered without cost to the United States
within the areas of the Shenandoah National Park and the Great
Smoky Mountains National Park, subject to leases entered into and
granted as part consideration in connection with the purchase of
said land for tender to the United States for park purposes, but
not exceeding in length of term the life of the particular grantor
or grantors: Provided, That said leases and the terms and
conditions thereof shall have previously been submitted to and
approved by said Secretary: And provided further, That he may lease
upon such terms and conditions as he deems proper any lands within
the aforesaid areas when such use shall not be deemed by him
inconsistent with the purposes for which the lands were acquired on
behalf of the United States, to persons, educational or religious
institutions, private corporations, associations, and partnerships
previously occupying such land for terms not exceeding the
particular lifetime in the case of natural persons, and not
exceeding twenty years in all other cases, which latter leases may
be renewed in the discretion of said Secretary: And provided
further, That the Secretary of the Interior may accept lands for
these parks subject to reservations of rights-of-way and easements.

-SOURCE-
(Feb. 4, 1932, ch. 19, Sec. 2, 47 Stat. 37.)

-COD-
CODIFICATION
Provisions of act Feb. 4, 1932, Sec. 2, relating to Mammoth Cave
National Park and Isle Royale National Park are classified to
sections 404d and 408c of this title.

-End-



-CITE-
16 USC Sec. 403f 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. 403f. Great Smoky Mountains National Park; extension of
boundaries

-STATUTE-
The boundary limits of the tract of land in the Great Smoky
Mountains in the States of North Carolina and Tennessee,
recommended by the Secretary of the Interior in his report of April
14, 1926, for the establishment of the Great Smoky Mountains
National Park, are extended to include lands adjacent to the east
boundary as defined in said report to a line approximately as
follows:
From a point on top of the Balsam Mountains at the boundary of
Swain and Hayward Counties just north of Black Camp Gap; thence
following east the top of the mountain range to Jonathan Knob and
Hemphill Bald; thence along top of ridge through Camp Gap to Bent
Knee Knob; thence following the main ridge to Cataloochee Creek to
a point on the boundary of the area described in report of the
Secretary of the Interior of April 14, 1926; and the lands within
said boundary extension, or any part thereof, may be accepted on
behalf of the United States in accordance with the provisions of
sections 403 and 403a to 403c of this title for inclusion in the
area to be known as the Great Smoky Mountains National Park.

-SOURCE-
(Apr. 19, 1930, ch. 197, 46 Stat. 225.)

-End-



-CITE-
16 USC Sec. 403g 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. 403g. Establishment; minimum area

-STATUTE-
An area of four hundred thousand acres within the minimum
boundaries of the Great Smoky Mountains National Park, acquired
one-half by the peoples and States of North Carolina and Tennessee,
and the United States, and one-half by the Laura Spelman
Rockefeller Memorial in memory of Laura Spelman Rockefeller, is
established as a completed park for administration, protection, and
development by the United States.

-SOURCE-
(June 15, 1934, ch. 538, Sec. 1, 48 Stat. 964.)

-End-



-CITE-
16 USC Sec. 403g-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. 403g-1. Exchange of lands

-STATUTE-
The Secretary of the Interior is authorized to accept from
grantors title to non-Federal land and interests in land, together
with improvements thereon, situated within or adjacent to the Great
Smoky Mountains National Park, and in exchange therefor, to convey
by deed on behalf of the United States to the aforesaid grantors,
land or interests therein, together with improvements thereon,
situated within the Great Smoky Mountains National Park: Provided,
That such exchanges may be made without additional compensation by
either party to the exchange when the properties to be exchanged
are of approximately equal value; however, when the properties are
not of approximately equal value, as may be determined by the
Secretary, an additional payment of funds shall be required by the
Secretary or by the grantor of non-Federal properties, as the case
may be, in order to make an equal exchange, and the Secretary is
authorized to use any land acquisition funds relating to the
National Park System for such purposes: Provided further, That not
more than two hundred acres of park land shall be conveyed pursuant
to the aforesaid exchange authority. All properties acquired by the
United States pursuant to this section shall become a part of the
Great Smoky Mountain National Park upon acquisition thereof.
Properties conveyed by the United States pursuant to this section
shall thereafter be excluded from the park and any Federal
regulation or control thereof for park purposes.

-SOURCE-
(Pub. L. 85-407, May 16, 1958, 72 Stat. 115.)

-End-



-CITE-
16 USC Sec. 403h 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. 403h. Inclusion of acquired lands

-STATUTE-
All lands purchased from funds heretofore allocated and made
available by Executive order, or otherwise, or which hereafter may
be allocated and made available for the acquisition of lands for
conservation or forestation purposes within the maximum boundaries
of the Great Smoky Mountains National Park as authorized by
sections 403 and 403a to 403c of this title, are made a part of the
said park as fully as if originally acquired for that purpose.

-SOURCE-
(June 15, 1934, ch. 538, Sec. 2, 48 Stat. 964.)

-End-



-CITE-
16 USC Sec. 403h-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. 403h-1. Acceptance of jurisdiction by United States; saving
provisions

-STATUTE-
Sole and exclusive jurisdiction is assumed by the United States
over certain lands within the States of North Carolina and
Tennessee as may be acquired for the Great Smoky Mountains National
Park, saving, however, to the State of North Carolina and to the
State of Tennessee, respectively, the right to serve civil or
criminal process within the limits of the area ceded by such State
in suits or prosecutions for or on account of any rights acquired,
obligations incurred, or crimes committed in such State outside of
said park; and saving further to each such State the right to tax
persons and corporations, their franchises and property on the
lands included in such ceded area; and saving also to the persons
residing in said park now, or hereafter, the right to vote at all
elections held within the county in which they reside; and saving
further to each such State the right to tax sales in such ceded
area of gasoline and other motor-vehicle fuels and oil for use in
motor vehicles. Nothing in this section shall be construed as a
consent by the United States to the taxation by the States of such
sales for the exclusive use of the United States.

-SOURCE-
(Apr. 29, 1942, ch. 264, Sec. 1, 56 Stat. 258.)

-COD-
CODIFICATION
A provision accepting the act of the North Carolina Legislature
and the act of the Tennessee Legislature which ceded to the United
States exclusive jurisdiction over the territory referred to in
this section has been omitted as executed.

-End-



-CITE-
16 USC Sec. 403h-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. 403h-2. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat.
992, eff. Sept. 1, 1948

-MISC1-
Section, act Apr. 29, 1942, ch. 264, Sec. 2, 56 Stat. 259,
related to inclusion of park in a judicial district. See sections
113 and 123 of Title 28, Judiciary and Judicial Procedure.

-End-



-CITE-
16 USC Sec. 403h-3 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. 403h-3. Hunting, fishing, etc.; rules and regulations;
protection of property; penalties for violating laws and rules

-STATUTE-
All hunting or the killing, wounding, or capturing at any time of
any wild bird or animal, except dangerous animals when it is
necessary to prevent them from destroying human lives or inflicting
personal injury, is prohibited within the limits of said park, nor
shall any fish be taken out of any of the waters of the said park,
in any other way than by hook and line, and then only at such
seasons and at such times and in such manner as may be directed by
the Secretary of the Interior. The Secretary of the Interior shall
make and publish such general 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, and to prevent their being frightened
or driven from the said park; and he shall make rules and
regulations governing the taking of fish from the streams or lakes
in the said park. Possession within 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, stage or express
company, railway or other transportation company, who knows or has
reason to believe that such wild birds, fish, or animals were taken
or killed contrary to the provisions of this Act or the rules and
regulations promulgated by the Secretary of the Interior, and who
receives for transportation the dead bodies or any part thereof of
the wild birds, fish, or animals so taken or killed, or who shall
violate any of the other provisions of this Act, or the rules and
regulations, with reference to the management and care of the said
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 said park, or who
shall within said park commit any damage, injury, or spoliation to
or upon any building, fence, sign hedge, gate, guidepost, tree,
wood, underwood, timber, garden, crops, vegetables, plants, land,
springs, mineral deposits, natural curiosities, or other matter or
thing growing or being thereon, or situated therein, shall be
deemed guilty of a misdemeanor and shall be subject to a fine of
not more than $500 or imprisonment not exceeding six months, or
both, and be adjudged to pay all the costs of the proceedings.

-SOURCE-
(Apr. 29, 1942, ch. 264, Sec. 3, 56 Stat. 259.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 29, 1942, which is
classified to sections 403h-1 to 403h-10 of this title. For
complete classification of this Act to the Code, see Tables.

-End-



-CITE-
16 USC Sec. 403h-4 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. 403h-4. Forfeiture of property used in commission of offenses

-STATUTE-
All guns, traps, nets, seines, fishing tackle, teams, horses, or
means of transportation of every nature or description used by any
person or persons within the limits of said park when engaged in
killing, trapping, ensnaring, taking, or capturing such wild birds,
fish, or animals contrary to the provisions of this Act or the
rules and regulations promulgated by the Secretary of the Interior,
shall be forfeited to the United States and may be seized by the
officers in said park and held pending prosecution of any person or
persons arrested under the charge of violating the provisions of
this Act, and upon conviction under this Act of such person or
persons using said guns, traps, nets, seines, fishing tackle,
teams, horses, or other means of transportation, such forfeiture
shall be adjudicated as a penalty in addition to the other
punishment prescribed in this Act. Such forfeited property shall be
disposed of and accounted for by and under the authority of the
Secretary of the Interior and the proceeds paid into the Treasury
of the United States: Provided, That the forfeiture of teams,
horses, or other means of transportation shall be in the discretion
of the court.

-SOURCE-
(Apr. 29, 1942, ch. 264, Sec. 4, 56 Stat. 260.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 29, 1942, which is
classified to sections 403h-1 to 403h-10 of this title. For
complete classification of this Act to the Code, see Tables.

-End-



-CITE-
16 USC Secs. 403h-5 to 403h-9 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-
Secs. 403h-5 to 403h-9. Repealed. June 25, 1948, ch. 646, Sec. 39,
62 Stat. 992, eff. Sept. 1, 1948

-MISC1-
Section 403h-5, act Apr. 29, 1942, ch. 264, Sec. 5, 56 Stat. 260,
related to appointment and jurisdiction of commissioner. See
provisions covering United States magistrate judges in section 631
et seq. of Title 28, Judiciary and Judicial Procedure.
Section 403h-6, act Apr. 29, 1942, ch. 264, Sec. 6, 56 Stat. 260,
related to issuance of process. See sections 3041 and 3141 of Title
18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of
Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 403h-7, act Apr. 29, 1942, ch. 264, Sec. 7, 56 Stat. 260,
related to commissioner's [now magistrate judge's] salary.
Section 403h-8, act Apr. 29, 1942, ch. 264, Sec. 8, 56 Stat. 261,
related to fees, costs, and expenses against United States. See
section 604 of Title 28, Judiciary and Judicial Procedure.
Section 403h-9, act Apr. 29, 1942, ch. 264, Sec. 9, 56 Stat. 261,
related to disposition of fines and costs. See section 634 of Title
28.

-End-



-CITE-
16 USC Sec. 403h-10 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. 403h-10. Notice to Governors of North Carolina and Tennessee;
application of sections 403h-3 and 403h-4 to subsequent lands
accepted

-STATUTE-
The Secretary of the Interior shall notify in writing the
Governors of the States of North Carolina and Tennessee of the
passage and approval of this Act, and of the fact that the United
States assumes police jurisdiction over said park as specified in
said acts of the States of North Carolina and Tennessee. Upon the
acceptance by the Secretary of the Interior of further cessions of
jurisdiction over lands now or hereafter included in the Great
Smoky Mountains National Park, the provisions of sections 2 to 9
inclusive, shall apply to such lands.

-SOURCE-
(Apr. 29, 1942, ch. 264, Sec. 10, 56 Stat. 261.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 29, 1942, which is
classified to sections 403h-1 to 403h-10 of this title. For
complete classification of this act to the Code, see Tables.
Sections 2 to 9 inclusive, referred to in text, means sections 2
to 9 of act Apr. 29, 1942, only sections 3 and 4 of which are still
in effect and are classified to sections 403h-3 and 403h-4 of this
title.

-End-



-CITE-
16 USC Sec. 403h-11 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. 403h-11. Further additions for construction of scenic parkway

-STATUTE-
The Secretary of the Interior is authorized to accept, on behalf
of the United States, donations of land and interests in land in
the State of Tennessee for the construction of a scenic parkway to
be located generally parallel to the boundary of the Great Smoky
Mountains National Park and connecting with the park, in order to
provide an appropriate view of the park from the Tennessee side.
The right-of-way to be acquired for the parkway shall be of such
width as to comprise an average of one hundred and twenty-five
acres per mile for its entire length. The title to real property
acquired pursuant to this section shall be satisfactory to the
Secretary of the Interior. All property acquired pursuant to this
section shall become a part of the Great Smoky Mountains National
Park upon acceptance of title thereto by the Secretary, and shall
be subject to all laws, rules, and regulations applicable thereto.

-SOURCE-
(Feb. 22, 1944, ch. 28, 58 Stat. 19.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 403h-14 of this title.

-End-



-CITE-
16 USC Sec. 403h-12 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. 403h-12. Entrance road to Cataloochee section

-STATUTE-
In order to provide suitable access to the Cataloochee section of
Great Smoky Mountains National Park, the Secretary of the Interior
is authorized to select the location of an entrance road from a
point near the intersection at White Oak Church of North Carolina
Routes Numbered 1338 and 1346 to the eastern boundary of the park
in the vicinity of the Cataloochee section, and to accept, on
behalf of the United States, donations of land and interests in
land for the construction of the entrance road together with the
necessary interchange with said Routes 1338 and 1346, and to
construct the entrance road and the interchange on the donated
land: Provided, That the right-of-way to be acquired, by donation,
for the entrance road shall be of such width as to comprise not
more than an average of one hundred and twenty-five acres per mile
for its entire length of about five and two-tenths miles,
constituting in the aggregate about six hundred and fifty acres of
land.
All property acquired pursuant to this section shall become a
part of the Great Smoky Mountains National Park upon acceptance of
title thereto by the Secretary, and shall be subject to all laws,
rules, and regulations applicable thereto.

-SOURCE-
(Pub. L. 88-120, Sec. 1, Sept. 9, 1963, 77 Stat. 154; Pub. L.
91-108, Sec. 1(1), (2), Nov. 4, 1969, 83 Stat. 182.)


-MISC1-
AMENDMENTS
1969 - Pub. L. 91-108 provided for a modified route for the
entrance road, changing it to near the intersection at White Oak
Church of North Carolina Routes Numbered 1338 and 1346 from a point
on North Carolina Highway Numbered 107 close to its point of
interchange with Interstate Route Numbered 40, near Hepco, North
Carolina, for construction of an interchange between the entrance
road and State Routes 1338 and 1346, and acceptance of a donation
of land needed for the interchange; and increased the entrance road
from a length of four and two-tenths mile aggregating five hundred
and twenty-five acres of land to a length of five and two-tenths
mile aggregating six hundred and fifty acres, respectively.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 403h-13 of this title.

-End-



-CITE-
16 USC Sec. 403h-13 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. 403h-13. Authorization of appropriations

-STATUTE-
There is hereby authorized to be appropriated for construction of
an entrance road on land acquired pursuant to section 403h-12 of
this title not more than $2,500,000 (1969 prices), plus or minus
such amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering cost
indexes applicable to the types of construction involved herein.

-SOURCE-
(Pub. L. 88-120, Sec. 2, Sept. 9, 1963, 77 Stat. 155; Pub. L.
91-108, Sec. 1(3), Nov. 4, 1969, 83 Stat. 183.)


-MISC1-
AMENDMENTS
1969 - Pub. L. 91-108 substituted appropriations authorization of
"$2,500,000 (1969 prices), plus or minus such amounts, if any, as
may be justified by reason of ordinary fluctuations in construction
costs as indicated by engineering cost indexes applicable to the
types of construction involved herein" for prior authorization or
"$1,160,000".

-End-



-CITE-
16 USC Sec. 403h-14 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. 403h-14. Authorization to transfer additional lands for scenic
parkway

-STATUTE-
The Secretary of Agriculture is authorized to transfer to the
jurisdiction of the Secretary of the Interior, who is hereby
authorized to accept such transfer, not to exceed three hundred and
sixty acres of national forest land in Cocke County, Tennessee, now
part of the Cherokee National Forest, located within and adjacent
to the right-of-way for section 8A of the Foothills Parkway between
Tennessee Highway Numbered 32 and the Pigeon River.
Upon publication in the Federal Register of an order of transfer
by the Secretary of Agriculture, the lands so transferred shall be
a part of the Great Smoky Mountains National Park and available for
the scenic parkway as authorized by section 403h-11 of this title.

-SOURCE-
(Pub. L. 88-415, Aug. 10, 1964, 78 Stat. 388.)

-End-



-CITE-
16 USC Sec. 403h-15 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. 403h-15. Conveyances to Tennessee of lands within Great Smoky
Mountains National Park

-STATUTE-
The Secretary of the Interior is authorized to convey to the
State of Tennessee, subject to such conditions as he may deem
necessary to preserve the natural beauty of the adjacent park
lands, approximately twenty-eight acres of land comprising a
portion of the right-of-way of Tennessee State Route 72 (U.S. 129),
and approximately forty-one acres comprising portions of the
right-of-way of Tennessee State Route 73 east of Gatlinburg, which
are within the boundary of the Great Smoky Mountains National Park.

-SOURCE-
(Pub. L. 91-57, Sec. 1, Aug. 9, 1969, 83 Stat. 100.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 403h-17 of this title.

-End-



-CITE-
16 USC Sec. 403h-16 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. 403h-16. Reconveyance of rights-of-way and lands for control
of landslides along Gatlinburg Spur of the Foothills Parkway;
conditions

-STATUTE-
The Secretary is further authorized to convey to the Stateof (continued)