16 U.S.C. § 403 — Establishment; boundaries

Page 223 TITLE 16—CONSERVATION § 403 half section 3, southeast quarter southeast quar- ter section 4, east half section 8, sections 9, 10, west half section 11, west half section 14, sec- tions 15, 16, east half, northeast quarter north- west quarter, east half northwest quarter north- west quarter, north half southeast quarter northwest quarter, south half northeast quarter southwest quarter, north half south half south- east 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: Pro- vided, That nothing herein shall affect any valid existing claims upon the lands herein authorized to be added to the park or the rights of stock- men to continue to drive stock over the lands now under an existing stock driveway with- drawal. (Feb. 17, 1931, ch. 209, § 1, 46 Stat. 1166; Mar. 7, 1942, ch. 161, 56 Stat. 141.) Editorial Notes AMENDMENTS 1942—Act Mar. 7, 1942, corrected description of por- tions of the land. § 402g. Elimination of lands 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: Sec- tion 30, township 37 south, range 3 west; section 25, unsurveyed township 37 south, range 4 west, Salt Lake meridian. (Feb. 17, 1931, ch. 209, § 2, 46 Stat. 1167.) SUBCHAPTER XLVI—SHENANDOAH NA- TIONAL PARK AND GREAT SMOKY MOUN- TAINS NATIONAL PARK § 403. Establishment; boundaries When title to lands within the areas herein- after referred to shall have been vested in the United States in fee simple there are estab- lished, 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. (May 22, 1926, ch. 363, § 1, 44 Stat. 616.) Statutory Notes and Related Subsidiaries TAPOCO PROJECT LICENSING Pub. L. 108–343, Oct. 18, 2004, 118 Stat. 1372, known as the ‘‘Tapoco Project Licensing Act of 2004’’, authorized land exchange in Great Smoky Mountains National Park between the Secretary of the Interior and private corporation, and provided that Federal Energy Regu- latory Commission had jurisdiction to license Tapoco Hydroelectric Project on lands transferred by the Sec- retary. 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 per- mits 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 con- sistent 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, § 349(b), Nov. 28, 1995, 109 Stat. 618, permitted State of Virginia to maintain and pro- vide for safe public use of certain roads that State do- nated 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 pub- lic roadways. TRANSFER OF LAND FOR USE AS CUSTOMS SERVICE CANINE ENFORCEMENT TRAINING CENTER Pub. L. 102–393, title V, § 533, Oct. 6, 1992, 106 Stat. 1763, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec- retary of the Interior may transfer certain land located in the Shenandoah National Park and described in sub- section (c) to the Secretary of the Treasury for use by the Secretary of the Treasury as a United States Cus- toms 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 nec- essary. Page 224 TITLE 16—CONSERVATION § 403–1 ‘‘(2) CONSIDERATION.—A transfer made pursuant to subsection (a) shall be made without consideration or reimbursement. ‘‘(3) ABANDONMENT.—If the land referred to in sub- section (a) is abandoned by the Secretary of the Treasury at any time, administrative jurisdiction of the land shall revert to the Department of the Inte- rior. ‘‘(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, equip- ment, 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 de- grees 45 minutes 38 seconds west 9.26 feet from a monu- ment to a corner to the land of Lawson; thence with an- other 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 min- utes 31 seconds east 203.98 feet to (4); thence south 09 degrees 10 minutes 06 seconds east 27.79 feet to (5) a cor- ner between the land of the United States Government and the land of United States Customs Service Detec- tor 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 li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.] § 403–1. Addition of lands to Shenandoah Na- tional Park The following described lands of the Front Royal Quartermaster Depot Military Reserva- tion, Virginia, are made a part of the Shen- andoah National Park, subject to all laws and regulations applicable thereto: Beginning at concrete monument numbered 10 in the bound- ary 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 monu- ment 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 de- grees 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 monu- ment numbered 26, thence north 79 degrees 00 minutes east 2,377.15 feet to monument num- bered 27, thence south 28 degrees 30 minutes west 338.25 feet to monument numbered 28 (off- set 4 feet west), thence south 30 degrees 00 min- utes 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 num- bered 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 num- bered 35 (offset 4 feet south), thence south 80 de- grees 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 monu- ment numbered 37 (offset 9.0 feet north), south 40 degrees 00 minutes west 354.75 feet to monu- ment 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 pro- posed boundary line north 19 degrees 51 minutes east 1,684.5 feet to point A.1, thence north 52 de- grees 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 min- utes 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 Reserva- tion 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 9771⁄2 acres, more or less. (June 13, 1939, ch. 198, 53 Stat. 815.)