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16 U.S.C. § 460a–2Blue Ridge Parkway; establishment; administration and maintenance

submitted 90 years ago by ch. 883 to r/title-16-CONSERVATION · 352 words · no verdicts yet

in plain englishAI-generated · not legal advice

All land given to the U.S. by Virginia and North Carolina for a parkway between Shenandoah and Great Smoky Mountains National Parks is named the Blue Ridge Parkway. It's run by the Secretary of the Interior through the National Park Service, under the 1916 law creating that service. Right-of-way is generally capped at 200 feet through government land, though it can be wider where needed.

All land and easements given to the United States by Virginia and North Carolina for the right-of-way of the planned parkway between Shenandoah National Park and Great Smoky Mountains National Park — plus sites for connected recreation areas — become the Blue Ridge Parkway. The right-of-way includes the highway and its bridges, ditches, cuts, and fills. Through government-owned land, it generally cannot be wider than 200 feet. But it can be made wider, with written approval from the agency controlling the land, where: small parcels of government land would otherwise be cut off, or the terrain or scenic needs mean that bridges, ditches, cuts, fills, parking overlooks, landscaping, recreation facilities, and other things needed for public use of the parkway can't reasonably fit in 200 feet. The exact boundaries follow maps approved by the Secretary of the Interior. The Secretary of the Interior, through the National Park Service, administers and maintains the parkway, under the Act of August 25, 1916 that created the National Park Service (as later amended and supplemented, and applied to the parkway). There are two provisos: the Secretary of Agriculture, with the Secretary of the Interior's agreement, may connect roads and trails to the parkway as needed to protect, run, or make use of nearby national forests. And, as far as practical, the Forest Service and National Park Service must coordinate their recreation development plans on land under their separate control, where both agencies agree by mutual agreement that the land deserves special recreational treatment.
the actual law source: uscode.house.gov ↗public domain

All lands and easements heretofore or hereafter conveyed to the United States by the States of Virginia and North Carolina for the right-of-way for the projected parkway between the Shenandoah and Great Smoky Mountains National Parks, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, landscape development, recreational and other facilities requisite to public use of said parkway could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Blue Ridge Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,1 the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with the parkway such roads and trails as may be necessary for the protection, administration, or utilization of adjacent and nearby national forests and the resources thereof: And provided further, That the Forest Service and the National Park Service shall, insofar as practicable, coordinate and correlate such recreational development as each may plan, construct, or permit to be constructed, on lands within their respective jurisdictions which, by mutual agreement, should be given special treatment for recreational purposes.

Source credit: (June 30, 1936, ch. 883, § 1, 49 Stat. 2041; June 8, 1940, ch. 277, 54 Stat. 249.)

history & why it existsrecord from the source credit
  • 1936Enacted · Act of June 30, 1936, ch. 883 · 49 Stat. 2041
  • 1940Amended · Act of June 8, 1940, ch. 277 · 54 Stat. 249

A history note hasn’t been published yet. The record shows enactment by ch. 883 on 1936-06-30.

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