16 USC 410 - Authorization of appropriations; general management plan

Collapse to view only § 410jjj-4. Authorization of appropriations; general management plan

§ 410jjj. Establishment
§ 410jjj-1. Acquisition of lands
§ 410jjj-2. Administration
§ 410jjj-3. Report
§ 410jjj-4. Authorization of appropriations; general management plan

§ 410jjj. Establishment

(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).

(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;

(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.

(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.)

§ 410jjj–1. Acquisition of lands

(a) Within the park the Secretary is authorized to acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests therein owned by the State of South Carolina or any political subdivision thereof may be acquired only by donation.

(b) With respect to any lands acquired under the provisions of this subchapter which at the time of acquisition are leased for hunting purposes, such acquisition shall permit the continued exercise of such lease in accordance with its provisions for its unexpired term, or for a period of five years, whichever is less: Provided, That no provision of such lease may be exercised which, in the opinion of the Secretary, is incompatible with the preservation objectives of this subchapter, or which is inconsistent with applicable Federal and State game laws, whichever is more restrictive.

(Pub. L. 94–545, § 2, Oct. 18, 1976, 90 Stat. 2517; Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117 Stat. 1270.)

§ 410jjj–2. Administration

(a) In general

The Secretary shall administer property acquired for the park in accordance with the Act of August 25, 1916 (39 Stat. 535),1

1 See References in Text note below.

as amended and supplemented, and the provisions of this subchapter.

(b) Sport fishing

The Secretary shall permit sport fishing on lands and waters under his jurisdiction within the park in accordance with applicable Federal and State laws, except that he may designate zones where and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations promulgated under this subsection shall be placed in effect only after consultation with the appropriate fish and game agency of the State of South Carolina.

At such time as the principal visitor center at such park is established, such center shall be designated as the “Harry R. E. Hampton Visitor Center”.

(Pub. L. 94–545, § 3, Oct. 18, 1976, 90 Stat. 2517; Pub. L. 98–506, § 1, Oct. 19, 1984, 98 Stat. 2338; Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117 Stat. 1270.)

§ 410jjj–3. Report

Within three years from the effective date of this subchapter, the Secretary shall review the area within the park and shall report to the President, in accordance with subsections 1132(c) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the park for preservation as wilderness, and any designation of any such area as wilderness shall be accomplished in accordance with said subsections.

(Pub. L. 94–545, § 4, Oct. 18, 1976, 90 Stat. 2518; Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117 Stat. 1270.)

§ 410jjj–4. Authorization of appropriations; general management plan

(a) In general

The Secretary may not expend more than $60,500,000 from the Land and Water Conservation Fund for land acquisition nor more than $2,000,000 for the development of essential facilities. The Secretary may expend such additional sums as are necessary from the Land and Water Conservation Fund for acquisition of lands described in section 410jjj(b) of this title.

(b) General management plan

Within three years from the effective date of this subchapter the Secretary shall, after consulting with the Governor of the State of South Carolina, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a general management plan for the use and development of the park consistent with the purposes of this subchapter, indicating:

(1) the lands and interests in lands adjacent or related to the park which are deemed necessary or desirable for the purposes of resource protection, scenic integrity, or management and administration of the area in furtherance of the purposes of this subchapter, and the estimated cost thereof;

(2) the number of visitors and types of public use within the park which can be accommodated in accordance with the protection of its resources;

(3) the location and estimated cost of facilities deemed necessary to accommodate such visitors and uses.

Notwithstanding subsection (a), there are authorized to be appropriated $3,000,000 for construction and development within the park.

(Pub. L. 94–545, § 5, Oct. 18, 1976, 90 Stat. 2518; Pub. L. 98–141, § 6, Oct. 31, 1983, 97 Stat. 909; Pub. L. 100–524, § 6, Oct. 24, 1988, 102 Stat. 2607; Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117 Stat. 1270.)