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16 U.S.C. § 410jjjEstablishment

submitted 50 years ago by Pub. L. 94-545 to r/title-16-CONSERVATION · 498 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress created Congaree National Park in South Carolina to protect a rare hardwood forest. The park's boundary can grow as Congress allows more land purchases, but it can never exceed 26,776 acres. The law also protects nearby landowners' rights and state authority over hunting and fishing.

(a) In general This section creates Congaree National Park. Its purpose is to preserve a rare, nearly untouched southern hardwood forest. The forest sits in the Congaree River floodplain in Richland County, South Carolina. The park covers the area shown on a specific map — called the "Congaree Swamp National Monument" map, numbered CS-80,001-B, dated August 1976, and known as the Beidler Tract. That map is kept on file for the public to see at National Park Service offices. The Secretary of the Interior can make small changes to the boundary. To do this, the Secretary must first give written notice to the House and Senate Interior Committees, and then publish a revised map or description in the Federal Register. (b) Additional land The park also includes land shown on a second map, called the "Citizens Boundary Proposal for Congaree Swamp National Monument," numbered 178-80,009A and dated July 1988. This map is also kept on file at National Park Service offices. The Secretary can revise this map the same way described in (a). (c) Acquisition of additional land (1) In general — The Secretary may add more land to the park, described in paragraph (2) below, by accepting a donation, buying it (with donated or government money), transferring it from elsewhere, or trading for it. (2) Description of land — This added land is about 4,576 acres next to the park, shown on the "Congaree National Park Boundary Map," numbered 178/80015, dated August 2003. (3) Availability of map — This map is kept on file at National Park Service offices for public viewing. (4) Boundary revision — Once the Secretary gets any of this land, the Secretary must update the park's boundary to show it. (5) Administration — Any land gained this way becomes part of the park and is run the same way as the rest of the park. (6) Effect — Nothing in this section does any of these four things: (A) it does not change how private landowners next to the park may use their own land; (B) it does not take away South Carolina's power to regulate hunting, fishing, boating, and wildlife on private land or water outside the park; (C) it must not hurt economic development in the areas around the park; and (D) it does not change how the park is classified under section 7472 of title 42. (d) Acreage limitation The park can never total more than 26,776 acres.
the actual law source: uscode.house.gov ↗public domain
(a) In general

In order to preserve and protect for the education, inspiration, and enjoyment of present and future generations an outstanding example of a near-virgin southern hardwood forest situated in the Congaree River floodplain in Richland County, South Carolina, there is established the Congaree National Park (hereinafter referred to as the “park”). The park shall consist of the area within the boundary as generally depicted on the map entitled “Congaree Swamp National Monument”, numbered CS–80, 001–B, and dated August 1976 (generally known as the Beidler Tract), which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Following reasonable notice in writing to the Committees on Interior and Insular Affairs of the Senate and House of Representatives of his intention to do so, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may make minor revisions of the boundary of the park by publication of a revised map or other boundary description in the Federal Register.

(b) Additional land

In addition to the lands described in subsection (a), the park shall consist of the additional lands within the boundary as generally depicted on the map entitled “Citizens Boundary Proposal for Congaree Swamp National Monument”, numbered 178–80,009A, dated July 1988, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The map may be revised as provided in subsection (a).

(c) Acquisition of additional land
(1) In general

The Secretary may acquire by donation, by purchase from a willing seller with donated or appropriated funds, by transfer, or by exchange, land or an interest in land described in paragraph (2) for inclusion in the park.

(2) Description of land

The land referred to in paragraph (1) is the approximately 4,576 acres of land adjacent to the Park, as depicted on the map entitled “Congaree National Park Boundary Map”, numbered 178/80015, and dated August 2003.

(3) Availability of map

The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(4) Boundary revision

On acquisition of the land or an interest in land under paragraph (1), the Secretary shall revise the boundary of the park to reflect the acquisition.

(5) Administration

Any land acquired by the Secretary under paragraph (1) shall be administered by the Secretary as part of the park.

(6) Effect

Nothing in this section—

(A)

affects the use of private land adjacent to the park;

(B)

preempts the authority of the State with respect to the regulation of hunting, fishing, boating, and wildlife management on private land or water outside the boundaries of the park;

(C)

shall negatively affect the economic development of the areas surrounding the park; or

(D)

affects the classification of the park under section 7472 of title 42.

(d) Acreage limitation

The total acreage of the park shall not exceed 26,776 acres.

Source credit: (Pub. L. 94–545, § 1, Oct. 18, 1976, 90 Stat. 2517; Pub. L. 100–524, § 5, Oct. 24, 1988, 102 Stat. 2607; Pub. L. 108–108, title I, §§ 135, 148, Nov. 10, 2003, 117 Stat. 1270, 1281; Pub. L. 108–199, div. H, § 139(a), Jan. 23, 2004, 118 Stat. 442.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-545 · 90 Stat. 2517
  • 1988Amended · Pub. L. 100-524 · 102 Stat. 2607
  • 2003Amended · Pub. L. 108-108 · 117 Stat. 1270, 1281
  • 2004Amended · Pub. L. 108-199 · 118 Stat. 442

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-545 on 1976-10-18.

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