§ 403. — Establishment; boundaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC403]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI--SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
Sec. 403. Establishment; boundaries
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.
(May 22, 1926, ch. 363, Sec. 1, 44 Stat. 616.)
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.]
Section Referred to in Other Sections
This section is referred to in sections 403a, 403c, 403f, 403h,
403i, 403k, 403k-2 of this title.
