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§ 362. Rights-of-way; continuation of leases; renewal; grazing
privileges (a) The Secretary shall designate and open rights-of-way, including stock driveways, over and across Federal lands within the exterior boundary of the park for the movement of persons and property to or from State and private lands within the exterior boundary of the park and to or from national forest, State, and private lands adjacent to the park. The location and use of such rights-of-way shall be subject to such regulations as may be prescribed by the Secretary;
(b) All leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States with respect to the Federal lands within the exterior boundary of the park which are in effect on September 14, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof;
(c) Where any Federal lands included within the park by this chapter were legally occupied or utilized on September 14, 1950, for residence or grazing purposes, or for other purposes not inconsistent with sections 2-5, 141 and 144 of this title, pursuant to a lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the person so occupying or utilizing the lands, and the heirs, successors, or assigns of such person, shall, upon the termination of the lease, permit, or license, be entitled to have the privileges so possessed or enjoyed by him renewed from time to time, subject to such terms and conditions as the Secretary shall prescribe, for a period of twenty-five years from September 14, 1950, and thereafter during the lifetime of such person and the lifetime of his heirs, successors, or assigns but only if they were members of his immediate family on such date, as determined by the Secretary. Grazing privileges appurtenant to privately owned lands located within the Grand Teton National Park established by this chapter shall not be withdrawn until title to lands to which such privileges are appurtenant shall have vested in the United States, except for failure to comply with the regulations applicable thereto after reasonable notice of default. Nothing in this subsection shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely termporary purposes. Nothing contained in this chapter shall be construed as creating any vested right, title, interest, or estate in or to any Federal lands.
§ 363. Compensation for tax losses; limitation on annual income
(a) In order to provide compensation for tax losses sustained as a result of any acquisition by the United States, subsequent to March 15, 1943, of privately owned lands, together with any improvements thereon, located within the exterior boundary of the Grand Teton National Park as continued by this chapter, payments shall be made to the State of Wyoming for distribution to the county in which such lands are located in accordance with the following schedule of payments: For the fiscal year in which the land has been or may be acquired and nine years thereafter there shall be paid an amount equal to the full amount of annual taxes last assessed and levied on the land, together with any improvements thereon, by public taxing units in such county, less any amount, to be determined by the Secretary, which may have been paid on account of taxes for any period falling within such fiscal year. For each succeeding fiscal year, until twenty years elapse, there shall be paid on account of such land an amount equal to the full amount of taxes referred to in the preceding sentence, less 5 per centum of such full amount for each fiscal year, including the year for which the payment is to be made. The amount payable under the foregoing schedule for any fiscal year preceding the first full fiscal year following September 14, 1950, shall not become payable until the end of such first full fiscal year.
(b) As soon as practicable after the end of each fiscal year, the amount then due for such fiscal year shall be computed and certified by the Secretary, and shall be paid by the Secretary of the Treasury. Such amount shall not exceed 25 per centum of the fees collected during such fiscal year from visitors to the Grand Teton National Park and the Yellowstone National Park. Payments made to the State of Wyoming under this section shall be distributed to the county where the lands acquired from private landowners are located and in such manner as the State of Wyoming may prescribe. § 364. Use for reclamation purposes
Nothing in this chapter shall affect the use for reclamation purposes, in accordance with chapters 195, 197, 199, and 201 of this title, of the lands within the exterior boundary of the park as prescribed by this chapter which have been withdrawn or acquired for reclamation purposes, or the operation, maintenance, rehabilitation, and improvement of the reservoir and other reclamation facilities located on such withdrawn or acquired lands.
CHAPTER 25—GREAT SMOKY MOUNTAINS NATIONAL
PARK-NORTH CAROLINA AND TENNESSEE Sec. 381. Location; boundaries; continuance as park. 382. Acquisition of land for park. 383. Acceptance of donations of land for scenic parkway. 384. Secretary authorized to purchase necessary lands. 385. Acceptance of title to lands; leases; rights-of-way and easements. 386. Jurisdiction of States of North Carolina and Tennessee and of the United
States over lands within park; state taxes and licenses. 387. Fugitives from justice. 388. Donations of land for park purposes near or adjacent to National Forest
Reserve in North Carolina.
8 381. Location; boundaries; continuance as park
(a) The Great Smoky Mountains National Park in the States of North Carolina and Tennessee, established, in part, December 26, 1935, with a minimum area of four hundred thousand acres, acquired onehalf by the peoples and States of North Carolina and Tennessee, and the United States, and one-half by the Laura Spelman Rockefeller Memorial in memory of Laura Spelman Rockefeller, shall continue as a national park with an authorized area of approximately seven hundred and four thousand acres as recommended by the Secretary in his report of April 14, 1926, as extended to include lands adjacent to the east boundary as defined in said report to a line approximately as follows:
From a point on top of the Balsam Mountains at the boundary of Swain and Hayward Counties just north of Black Camp Gap; thence following east the top of the mountain range to Jonathan Knob and Hemphill Bald; thence along top of ridge through Camp Gap to Bent Knee Knob; thence following the main ridge to Cataloochee Creek to a point on the boundary of the area described in report of the Secretary of the Interior of April 14, 1926.
(b) In addition to the provisions of subsection (a) that portion of the boundary of the Great Smoky Mountains National Park that is common to and between the park and the Cherokee-Pisgah-Nantahala National Forests shall be as follows:
(1) Between the Pisgah National Forest and Great Smoky Mountains National Park the boundary shall be as follows: Beginning at a point where North Carolina State Highway Numbered 284 first crosses the Cataloochee Divide, said point being common to the boundary of said forest as described in Proclamation Numbered 2187 of July 10, 1936, and the boundary of the park, as described in subsection (a); thence following the divide northeasterly to the summit of Bent Knee Knob; thence northwesterly and northerly following Trail Ridge and White Oak Mountain to a point where the present national forest boundary leaves White Oak Mountain and running with same northwesterly across Cataloochee Creek to the southeast corner of a tract of national park land and northwesterly through the same following the crest of the ridge next south of the east boundary of the said tract to the old road on the summit of Longarm Mountain; thence southwesterly and northwesterly following the said road running with the top of Scottish Mountain and through a tract of national forest land to the south boundary of a tract of national park land just east of Mount Sterling Gap; thence northerly following the south and east boundaries of the said tract of national park land to the northeast corner thereof; thence northeasterly through a tract of national forest land, following the crest of the ridge parallel to and east of Mount Sterling Creek to the summit of the ridge terminated by the juncture of Mount Sterling Creek with its south prong; thence northwesterly across Mount Sterling Creek to the summit northeast of Ivy Gap; thence westerly to a point where the westerly boundary of a tract of Forest Service land diverges from North Carolina State Highway Numbered 284; thence with the highway northerly to a point where North Carolina Highway Numbered 284 joins Tennessee Highway Numbered 75 at the State line;
(2) Between Nantahala National Forest and Great Smoky Mountains National Park, the boundary shall follow the boundary of the forest as described in Proclamation Numbered 2185 of July 9, 1936;
(3) Between Cherokee National Forest (Unaka Division) and Great Smoky Mountains National Park, the boundary shall follow the boundary of the forest as described in Proclamation Numbered 2183 of July 8, 1936.
(c) So much of the twenty-five acre tract of land in Forney's Creek Township, Swain County, North Carolina, lying north of Lake Cheoah, donated to the United States by the Carolina Aluminum Company, is hereby made a part of Great Smoky Mountains National Park.
(d) Subject to valid existing rights, all lands within the boundaries of Great Smoky Mountains National Park, as redefined by this section, hereafter shall be a part of the national park and shall be subject to all laws, rules, and regulations applicable to the national park. All federally owned lands eliminated from the national park by this section shall hereafter be a part of the Pisgah National Forest and shall be subject to all laws, rules, and regulations relating to such national forest.
§ 382. Acquisition of land for park
The Secretary may accept title to the lands referred to in section 381, and to be purchased with the $1,066,693 which has been subscribed by the State of Tennessee and the Great Smoky Mountains Conservation Association and by the Great Smoky Mountains (Incorporated, North Carolina) and with other contributions for the purchase of lands in the Great Smoky Mountains National Park area. $ 383. Acceptance of donations of land for scenic parkway
The Secretary may accept, on behalf of the United States, donations of land and interests in land in the State of Tennessee for the construction of a scenic parkway to be located generally parallel to the boundary of the Great Smoky Mountains National Park and connecting with the park, in order to provide an appropriate view of the park from the Tennessee side. The right-of-way to be acquired for the parkway shall be of such width as to comprise an average of one hundred and twenty-five acres per mile for its entire length. The title to real property acquired pursuant to this section shall be satisfactory to the Secretary. All property acquired pursuant to this section shall become a part of the Great Smoky Mountains National Park upon acceptance of title thereto by the Secretary, and shall be subject to all laws, rules, and regulations applicable thereto. § § 384. Secretary authorized to purchase necessary lands
The Secretary may acquire on behalf of the United States by purchase, at prices deemed by him to be reasonable, the lands needed to complete the Great Smoky Mountains National Park in the State of Tennessee in accordance with the provisions of sections 381, 382 of this title; and the Secretary may, when in his opinion unreasonable prices are asked for any of such lands, acquire the same by condemnation. § 385. Acceptance of title to lands; leases; rights-of-way and
easements The Secretary may accept title to lands tendered without cost to the United States within the area of the Great Smoky Mountains National Park, subject to leases entered into and granted as part consideration in connection with the purchase of said land for tender to the United States for park purposes, but not exceeding in length of term the life of the particular grantor or grantors; however, said