§410jjj — Title 16 Conservation | U.S. Code

Summary

Creates Congaree National Park to protect a near‑virgin southern hardwood forest in the Congaree River floodplain in Richland County, South Carolina. The park includes the Beidler Tract shown on the map "Congaree Swamp National Monument" (CS–80,001–B, August 1976) and additional lands shown on the map "Citizens Boundary Proposal for Congaree Swamp National Monument" (178–80,009A, July 1988). The Secretary of the Interior may make small boundary changes after giving written notice to the Senate and House Interior committees and publishing a revised map in the Federal Register. The Secretary may also acquire by donation, purchase from a willing seller, transfer, or exchange about 4,576 acres next to the park as shown on "Congaree National Park Boundary Map" (178/80015, August 2003). Any land acquired will become part of the park and be managed as park land, and the boundary will be updated. This does not change how private land next to the park is used, does not take away the State’s authority over hunting, fishing, boating, or wildlife on private land or water outside the park, does not harm nearby economic development, and does not change the park’s classification under 42 U.S.C. 7472. The park may not exceed 26,776 acres.

Title 16, §410jjj

Conservation — Source: USLM XML via OLRC

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

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

Hereinafter, referred to in subsec. (a), means Pub. L. 94–545, which is classified to this subchapter. For complete classification of Pub. L. 94–545 to the Code, see Tables.

Amendments

2004—Subsec. (c)(6). Pub. L. 108–199, § 139(a), added par. (6) and struck out former par. (6) which read: “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; or “(C) negatively affects the economic development of the areas surrounding the park.” 2003—Subsec. (b). Pub. L. 108–108, § 148(1), struck out last sentence which read “The total acreage of the monument including lands described in subsection (a) and this subsection shall not exceed 22,200 acres.” Subsecs. (c), (d). Pub. L. 108–108, § 148(2), added subsecs. (c) and (d). 1988—Pub. L. 100–524 designated existing provisions as subsec. (a), struck out “, but the total area may not exceed fifteen thousand, two hundred acres” after “Federal Register”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Change of Name

“Congaree National Park”, “park”, and “Park” substituted in text for “Congaree Swamp National Monument”, “monument”, and “Monument”, respectively, pursuant to Pub. L. 108–108, § 135, which is set out below and which redesignated the Congaree Swamp National Monument as the Congaree National Park. Pub. L. 108–108, title I, § 135, Nov. 10, 2003, 117 Stat. 1270, provided that: “Upon enactment of this Act, the Congaree Swamp National Monument shall be designated the Congaree National Park.” Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the “Committee System Reorganization

Amendments

of 1977”), approved Feb. 4, 1977. Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

Short Title

of 1988 Amendment Pub. L. 100–524, § 1, Oct. 24, 1988, 102 Stat. 2606, provided that: “This Act [enacting section 191a of Title 30, Mineral Lands and Mining, amending this section and section 410jjj–4 of this title, and enacting provisions listed in a table of Wilderness Areas set out under section 1132 of this title] may be cited as the ‘Congaree Swamp National Monument Expansion and Wilderness Act’.”

§410jjj Establishment

Summary

Title 16, §410jjj

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Amendments

Short Title

Citations & Metadata