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Page 223 TITLE 16—CONSERVATION § 403K National Forest Page 223 TITLE 16—CONSERVATION § 403k National Forest, located within and adjacent to State of Tennessee of legislative jurisdiction the right-of-way for section 8A of the Foothills over the lands and notification of such accept- Parkway between Tennessee Highway Numbered ance being given to the Secretary of the Inte- 32 and the Pigeon River. rior, such jurisdiction is retroceded to the State. Upon publication in the Federal Register of an (Pub. L. 91–57, § 3, Aug. 9, 1969, 83 Stat. 100.) order of transfer by the Secretary of Agri- culture, the lands so transferred shall be a part § 403i. Secretary of the Interior authorized to of the Great Smoky Mountains National Park purchase necessary lands and available for the scenic parkway as author- ized by section 403h–11 of this title. The Secretary of the Interior is authorized to acquire on behalf of the United States by pur- (Pub. L. 88–415, Aug. 10, 1964, 78 Stat. 388.) chase, at prices deemed by him to be reasonable, § 403h–15. Conveyances to Tennessee of lands the lands needed to complete the Great Smoky within Great Smoky Mountains National Mountains National Park in the State of Ten- Park nessee, in accordance with the provisions of sec- tions 403 and 403a to 403c of this title; and the The Secretary of the Interior is authorized to Secretary of the Interior is further authorized, convey to the State of Tennessee, subject to when in his opinion unreasonable prices are such conditions as he may deem necessary to asked for any of such lands, to acquire the same preserve the natural beauty of the adjacent park by condemnation under the provisions of section lands, approximately twenty-eight acres of land 3113 of title 40. comprising a portion of the right-of-way of Ten- nessee State Route 72 (U.S. 129), and approxi- (Feb. 12, 1938, ch. 27, § 5, 52 Stat. 29.) mately forty-one acres comprising portions of CODIFICATION the right-of-way of Tennessee State Route 73 ‘‘Section 3113 of title 40’’ substituted in text for ‘‘the east of Gatlinburg, which are within the bound- Act of August 1, 1888’’ on authority of Pub. L. 107–217, ary of the Great Smoky Mountains National § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of Park. which enacted Title 40, Public Buildings, Property, and (Pub. L. 91–57, § 1, Aug. 9, 1969, 83 Stat. 100.) Works. § 403h–16. Reconveyance of rights-of-way and § 403j. Authorization of appropriation lands for control of landslides along Gatlin- There is authorized to be appropriated, out of burg Spur of the Foothills Parkway; condi- any moneys in the Treasury not otherwise ap- tions propriated, the sum of $743,265.29 to complete The Secretary is further authorized to convey the acquisition of lands within the limits of said to the State of Tennessee, subject to such condi- park, such funds to be available until expended. tions as he may deem necessary to assure ad- (Feb. 12, 1938, ch. 27, § 6, 52 Stat. 29.) ministration and maintenance thereof by the State and to preserve the existing parkway § 403k. Boundary between Great Smoky Moun- character of the conveyed lands, the rights-of- tains National Park and Cherokee-Pisgah- way heretofore conveyed to the United States Nantahala National Forests for the purposes of the Gatlinburg Spur of the The portion of the boundary of the Great Foothills Parkway together with any and all Smoky Mountains National Park that is com- parcels of land heretofore conveyed by the State mon to and between the park and the Cherokee- of Tennessee to the United States for the con- Pisgah-Nantahala National Forests hereafter trol and stabilization of landslides along said shall be as follows: Gatlinburg Spur, except such lands as the Sec- (a) Between the Pisgah National Forest and retary determines may be necessary to provide Great Smoky Mountains National Park the for (1) the interchange between the road known boundary shall be as follows: Beginning at a as the Gatlinburg bypass and United States 441, point where North Carolina State Highway (2) the interchange between United States High- Numbered 284 first crosses the Cataloochee Di- way 441 and the Foothills Parkway in the vicin- vide, said point being common to the boundary ity of Caney Creek, and (3) the management and of said forest as described in Proclamation Num- administration of the Foothills Parkway: Pro- bered 2187 of July 10, 1936, and the boundary of vided, That such reconveyance shall not be ef- said park, as authorized by sections 403 and 403a fected until construction of the Gatlinburg by- to 403c of this title; thence following the divide pass and of two rock retaining walls to control northeasterly to the summit of Bent Knee Knob; erosion on the Gatlinburg Spur are completed, thence northwesterly and northerly following and Interstate Route 40 is open to public travel Trail Ridge and White Oak Mountain to a point from Newport, Tennessee to United States where the present national forest boundary Route 19 near Waynesville, North Carolina. leaves White Oak Mountain and running with (Pub. L. 91–57, § 2, Aug. 9, 1969, 83 Stat. 100.) same northwesterly across Cataloochee Creek to the southeast corner of a tract of national park § 403h–17. Elimination of lands from Great land and northwesterly through the same fol- Smoky Mountains National Park and Gatlin- lowing the crest of the ridge next south of the burg Spur of the Foothills Parkway east boundary of the said tract to the old road The conveyance of the lands described in sec- on the summit of Longarm Mountain; thence tions 403h–15 and 403h–16 of this title shall elimi- southwesterly and northwesterly follows the nate them from the park and parkway. Upon said road running with the top of Scottish such conveyance and upon acceptance by the Mountain and through a tract of national forest § 403k–1 TITLE 16—CONSERVATION Page 224 land to the south boundary of a tract of national Valley of the Great Smoky Mountains National park land just east of Mount Sterling Gap; Park. The importance of the chapel in memori- thence northerly following the south and east alizing the early settlement of the valley and in boundaries of the said tract of national park providing an opportunity for interpreting the land to the northeast corner thereof; thence cultural traditions of the former residents of the northeasterly through a tract of national forest valley is hereby recognized, and the Secretary is land, following the crest of the ridge parallel to authorized to make suitable arrangements for and east of Mount Sterling Creek to the summit the history of the chapel to be communicated to of the ridge terminated by the juncture of park visitors and for the chapel to continue to Mount Sterling Creek with its south prong; be used for memorial purposes by former resi- thence northwesterly across Mount Sterling dents and their descendants. Creek to the summit northeast of Ivy Gap; (Pub. L. 96–199, title I, § 106, Mar. 5, 1980, 94 Stat. thence westerly to a point where the westerly 69.) boundary of a tract of Forest Service land di- verges from North Carolina State Highway SUBCHAPTER XLVII—MAMMOTH CAVE Numbered 284; thence with the highway north- NATIONAL PARK erly to a point where North Carolina Highway Numbered 284 joins Tennessee Highway Num- § 404. Establishment; boundaries bered 75 at the State line; When title to lands within the area referred to (b) Between Nantahala National Forest and in this section shall have been vested in the Great Smoky Mountains National Park, the United States in fee simple, there shall be, and boundary shall follow the boundary of said for- there is, established, dedicated, and set apart as est as described in Proclamation Numbered 2185 a public park for the benefit and enjoyment of of July 9, 1936; the people, the tract of land in the Mammoth (c) Between Cherokee National Forest (Unaka Cave region in the State of Kentucky, being ap- Division) and Great Smoky Mountains National proximately seventy thousand six hundred and Park, the boundary shall follow the boundary of eighteen acres, recommended as a National Park said forest as described in Proclamation Num- by the Southern Appalachian National Park bered 2183 of July 8, 1936. Commission to the Secretary of the Interior, in (July 26, 1950, ch. 492, § 1, 64 Stat. 377.) its report of April 8, 1926, and made under au- thority of the Act of February 21, 1925 (chapter § 403k–1. Laws applicable 281, 43 Statutes 958); which area, or any part or Subject to valid existing rights, all lands with- parts thereof as may be accepted on behalf of in the boundaries of Great Smoky Mountains the United States in accordance with the provi- National Park, as redefined by sections 403k to sions hereof, shall be known as the Mammoth 403k–2 of this title, hereafter shall be a part of Cave National Park: Provided, That the United the national park and shall be subject to all States shall not purchase by appropriation of laws, rules, and regulations applicable to the na- public moneys any land within the aforesaid tional park. All federally owned lands elimi- area, but such lands shall be secured by the nated from the national park by said sections United States only by public or private dona- shall hereafter be a part of the Pisgah National tion. Forest and shall be subject to all laws, rules, (May 25, 1926, ch. 382, § 1, 44 Stat. 635.) and regulations relating to such national forest. REFERENCES IN TEXT (July 26, 1950, ch.
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