16 U.S.C. § 460 — Natchez Trace Parkway

Page 619 TITLE 16—CONSERVATION § 460 1 See References in Text note below. CATOCTIN RECREATIONAL DEMONSTRATION AREA Act Aug. 24, 1954, ch. 903, 68 Stat. 791, provided: ‘‘That the Secretary of the Interior, for the purpose of con- solidating Federal holdings of land acquired for the Ca- toctin recreational demonstration area, Frederick County, Maryland, is hereby empowered, in his discre- tion, to obtain for the United States land and interests in lands held in private ownership within the estab- lished watersheds and boundaries of said recreational demonstration area by accepting from the owners of such privately owned land complete relinquishment thereof, and the Secretary may grant to such owners in exchange therefor, in each instance, federally owned lands of approximately equal value now a part of the Catoctin recreational demonstration area, that he con- siders are not essential for the administration, control, and operation of the aforesaid recreational demonstra- tion area. Any land acquired by the United States pur- suant to this authorization shall become a part of the Catoctin recreational demonstration area upon the vesting of title in the United States, and shall be sub- ject to the laws applicable thereto.’’ § 459t. Secretary of the Interior authorized to execute deeds and leases for project lands; inclusion of conditional covenants The Secretary of the Interior is authorized to execute on behalf of the United States all nec- essary deeds and leases to effect the purposes of sections 459r to 459t of this title. Every such deed or lease shall contain the express condition that the grantee or lessee shall use the property exclusively for public park, recreational, and conservation purposes, and the further express condition that the United States assumes no ob- ligation for the maintenance or operation of the property after the acceptance of such deed or during the term of such lease, and may contain such other conditions not inconsistent with such express conditions as may be agreed upon by the Secretary and the grantee or lessee: Provided, That the title and right to possession of any lands so conveyed or leased, together with the improvements thereon, shall revert to the United States upon a finding by the Secretary, after notice to such grantee or lessee and after an opportunity for a hearing, that the grantee or lessee has not complied with such conditions during a period of more than three years, which finding shall be final and conclusive, and such lands and improvements thereon, upon such re- version to the United States, shall be returned to the jurisdiction of the Department of the In- terior and upon determination of the Secretary may be considered as surplus real property to be disposed of in accordance with section 1303 of title 40. (June 6, 1942, ch. 380, § 3, 56 Stat. 327.) Editorial Notes CODIFICATION ‘‘Section 1303 of title 40’’ substituted in text for ‘‘the Act of August 27, 1935 (49 Stat. 885)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. § 459u. Exchange of recreational demonstration project lands by grantee In order to facilitate the administration of former recreational demonstration project lands and to consolidate the holdings of the grantees to whom such lands have been or may be grant- ed pursuant to sections 459r to 459t of this title, the Secretary of the Interior may authorize any such grantee to exchange or otherwise dispose of any lands or interests in lands conveyed to it in order to acquire other lands or interests therein of approximately equal value. For the aforesaid purpose, the Secretary is au- thorized to execute a release, as to the par- ticular lands involved, of any condition pro- viding for a reversion of title to the United States, that may be contained in the convey- ance by the United States to said grantee. No such release shall be executed, however, unless the grantee shall agree, in form satisfactory to the Secretary, that the lands to be acquired by it shall be subject to the conditions contained in the original conveyance from the United States, except that in lieu of a provision for reversion, the grantee shall agree to convey said lands to the United States upon a finding by the Sec- retary in accordance with the procedure pro- vided in said sections, that the grantee has not complied with such conditions during a period of more than three years. Lands so conveyed to the United States shall be subject to administration or disposition in like manner as recreational demonstration project lands that revert to the United States under the terms of the aforesaid sections. (Aug. 3, 1950, ch. 522, 64 Stat. 399.) SUBCHAPTER LXV—NATIONAL PARKWAYS § 460. Natchez Trace Parkway All lands and easements heretofore and here- after conveyed to the United States by the States of Mississippi, Alabama, and Tennessee for the right-of-way for the projected parkway between Natchez, Mississippi, and Nashville, Tennessee, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government- owned lands would otherwise be isolated, or where topographic conditions or scenic require- ments are such that bridges, ditches, cuts, fills, parking overlooks, and landscape development could not reasonably be confined to a width of two hundred feet, the said maximum may be in- creased to such width as may be necessary, with the written approval of the department or agen- cy having jurisdiction over such lands) as des- ignated on maps heretofore or hereafter ap- proved by the Secretary of the Interior, shall be known as the Natchez Trace Parkway and shall be administered and maintained by the Sec- retary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’,1 the provisions of which Act, as amended and supplemented, are Page 620 TITLE 16—CONSERVATION § 460 extended over and made applicable to said park- way: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Sec- retary of the Interior, to connect with said park- way such roads and trails as may be necessary for the protection, administration, or utilization of adjacent and nearby national forests and the resources thereof: And provided further, That the Forest Service and the National Park Service shall, insofar as practicable, coordinate and cor- relate such recreational developments as each may plan, construct, or permit to be con- structed, on lands within their respective juris- dictions, which, by mutual agreement, should be given special treatment for recreational pur- poses. (May 18, 1938, ch. 251, § 1, 52 Stat. 407.) Editorial Notes REFERENCES IN TEXT The Act of Congress approved August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the Na- tional Park Service Organic Act, which enacted sec- tions 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Ta- bles. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agen- cies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, ch. 288, title I, 63 Stat. 380. Both Federal Works Agency and of- fice of Federal Works Administrator abolished by sec- tion 103(b) of that act. See Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer re- lates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, as effective July 1, 1949, see section 605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. NATCHEZ TRACE PARKWAY LAND CONVEYANCE Pub. L. 113–35, Sept. 18, 2013, 127 Stat. 519, known as the Natchez Trace Parkway Land Conveyance Act of 2013, required the Secretary of the Interior to convey to the State of Mississippi, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to the 2 parcels of land totaling approximately 67 acres generally depicted as ‘‘Proposed Conveyance’’ on the map entitled ‘‘Natchez Trace Parkway, Proposed Boundary Change’’ on file and available for public inspection in the appropriate of- fices of the National Park Service. The deed of convey- ance shall reserve an easement to the United States re- stricting the use of the parcel commonly known as the ‘‘bean field property’’ to only those uses which are compatible with the Natchez Trace Parkway. On com- pletion of the conveyance the boundary of the Natchez Trace Parkway shall be adjusted to exclude the con- veyed land and effective on Sept. 18, 2013, said boundary is adjusted to include the approximately 10 acres of land that is generally depicted as ‘‘Proposed Addition’’ on the above referenced map and such 10 acres shall be administered by the Secretary as part of the Natchez Trace Parkway. ADJUSTMENT OF BOUNDARY OF PARKWAY Pub. L. 106–527, Nov. 22, 2000, 114 Stat. 2515, provided that: ‘‘SECTION 1. DEFINITIONS. ‘‘In this Act: ‘‘(1) PARKWAY.—The term ‘Parkway’ means the Natchez Trace Parkway, Mississippi. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘SEC. 2. BOUNDARY ADJUSTMENT AND LAND AC- QUISITION. ‘‘(a) IN GENERAL.—The Secretary shall adjust the boundary of the Parkway to include approximately— ‘‘(1) 150 acres of land, as generally depicted on the map entitled ‘Alternative Alignments/Area’, num- bered 604–20062A and dated May 1998; and ‘‘(2) 80 acres of land, as generally depicted on the map entitled ‘Emerald Mound Development Concept Plan’, numbered 604–20042E and dated August 1987. ‘‘(b) MAPS.—The maps referred to in subsection (a) shall be on file and available for public inspection in the office of the Director of the National Park Service. ‘‘(c) ACQUISITION.—The Secretary may acquire the land described in subsection (a) by donation, purchase with donated or appropriated funds, or exchange (in- cluding exchange with the State of Mississippi, local governments, and private persons). ‘‘(d) ADMINISTRATION.—Land acquired under this sec- tion shall be administered by the Secretary as part of the Parkway. ‘‘SEC. 3. AUTHORIZATION OF LEASING. ‘‘The Secretary, acting through the Superintendent of the Parkway, may lease land within the boundary of the Parkway to the city of Natchez, Mississippi, for any purpose compatible with the Parkway. ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated such sums as are necessary to carry out this Act.’’ RELOCATION OF PORTIONS OF PARKWAY Pub. L. 85–746, Aug. 25, 1958, 72 Stat. 839, provided: ‘‘That the Secretary of the Interior is authorized to enter into an agreement with the Pearl River Valley Water Supply District which shall provide for the dis- trict, upon terms and conditions which the Secretary determines are in the public interest, to relocate those portions of sections 3–O and 3–N of the Natchez Trace Parkway in Madison County, Mississippi, required in connection with the Pearl River Reservoir. ‘‘SEC. 2. To cooperate in the relocation, the Secretary of the Interior is authorized to transfer to the Pearl River Valley Water Supply District the aforesaid por- tions of the existing Natchez Trace Parkway lands and roadway in exchange for the contemporaneous transfer to the United States of relocated parkway lands and roadway situated and constructed in accordance with the terms and conditions of the agreement authorized by the first section of this Act: Provided, That such ex- change shall be made on the basis of approximately equal values. ‘‘SEC. 3. The Secretary of the Interior is authorized to accept and to use until expended without additional au- thority any funds provided by the district for the pur- pose of this Act pursuant to agreement with the Sec- retary of the Interior, and any such funds shall be placed in a separate account in the Treasury which shall be available for such purpose.’’ Page 621 TITLE 16—CONSERVATION § 460a–2 1 See References in Text note below. LANDS IN FRENCH CAMP The Secretary of the Interior was authorized to relin- quish or modify certain restrictions upon the use of pri- vately owned lands in the village of French Camp along the Natchez Trace Parkway by act Jan. 7, 1941, ch. 939, 54 Stat. 1227. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. Functions of Administrator of General Services transferred to Secretary of Commerce by Reorg. Plan No. 7 of 1949, § 2, eff. Aug. 20, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5. Functions, powers, and duties of Secretary of Com- merce and other officers and offices of Department of Commerce relating generally to highways under Reorg. Plan No. 7 of 1949 transferred to and vested in Sec- retary of Transportation by Pub. L. 89–670, § 6(a)(1)(M), Oct. 15, 1966, 80 Stat. 938. Reorg. Plan No. 7 of 1949 was amended by section 2(b) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, to reflect such transfer. § 460–1. Inclusion of Ackia Battleground National Monument and Meriwether Lewis National Monument To facilitate the administration of two areas of the national park system, known as Ackia Battleground National Monument, Mississippi, and Meriwether Lewis National Monument, Ten- nessee, those areas are included in the Natchez Trace Parkway, which they adjoin; and they shall be administered as a part of the parkway. In order to provide continued recognition of the significance of these portions of the parkway, the Secretary of the Interior shall provide them with appropriate designations in accordance with the historical events which occurred on them. (Pub. L. 87–131, Aug. 10, 1961, 75 Stat. 335.) § 460a. Licenses or permits for right-of-way over parkway lands In the administration of the Natchez Trace Parkway, the Secretary of the Interior may issue revocable licenses or permits for rights-of- way over, across, and upon parkway lands, or for the use of parkway lands by the owners or les- sees of adjacent lands, for such purposes and under such nondiscriminatory terms, regula- tions, and conditions as he may determine to be not inconsistent with the use of such lands for parkway purposes. (May 18, 1938, ch. 251, § 2, 52 Stat. 408.) § 460a–1. Acceptance of lands conveyed for Blue Ridge or Natchez Trace Parkways The Secretary of the Interior is authorized, in his discretion, to approve and accept, on behalf of the United States, title to any lands and in- terests in land heretofore or hereafter conveyed to the United States for the purposes of the Blue Ridge or the Natchez Trace Parkways, or for recreational areas in connection therewith. (June 30, 1936 ch. 883, § 3, as added June 8, 1940, ch. 277, 54 Stat. 250.) § 460a–2. Blue Ridge Parkway; establishment; ad- ministration and maintenance All lands and easements heretofore or here- after conveyed to the United States by the States of Virginia and North Carolina for the right-of-way for the projected parkway between the Shenandoah and Great Smoky Mountains National Parks, together with sites acquired or to be acquired for recreational areas in connec- tion therewith, and a right-of-way for said park- way of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appur- tenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Gov- ernment-owned lands would otherwise be iso- lated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, landscape develop- ment, recreational and other facilities requisite to public use of said parkway could not reason- ably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written ap- proval of the department or agency having juris- diction over such lands) as designated on maps heretofore or hereafter approved by the Sec- retary of the Interior, shall be known as the Blue Ridge Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’,1 the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the In- terior, to connect with the parkway such roads and trails as may be necessary for the protec- tion, administration, or utilization of adjacent and nearby national forests and the resources thereof: And provided further, That the Forest Service and the National Park Service shall, in- sofar as practicable, coordinate and correlate such recreational development as each may plan, construct, or permit to be constructed, on lands within their respective jurisdictions which, by mutual agreement, should be given special treatment for recreational purposes. (June 30, 1936, ch. 883, § 1, 49 Stat. 2041; June 8, 1940, ch. 277, 54 Stat. 249.) Editorial Notes REFERENCES IN TEXT The Act of Congress approved August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the Na- tional Park Service Organic Act, which enacted sec- tions 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of