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CITE

    16 USC Sec. 403                                             01/05/2009

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.)

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
    Regulatory Commission had jurisdiction to license Tapoco
    Hydroelectric Project on lands transferred by the Secretary.
           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.]
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