INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-SIXTH CONGRESS, THIRD SESSION, 1940-1941.
Chap. 49  | Chap. 51 | Chap. 77 | Chap. 78 | Chap. 79 | Chap. 80 | Chap. 107 | Chap. 158 | Chap. 159 | Chap. 206 | Chap. 276 | Chap. 280 | Chap. 283 | Chap. 285 | Chap. 304 | Chap. 315 | Chap. 318 | Chap. 320 | Chap. 322 | Chap. 355 | Chap. 323 | Chap. 359 | Chap. 395 | Chap. 396 | Chap. 412 | Chap. 413 | Chap. 415 | Chap. 421 | Chap. 432 | Chap. 437 | Chap. 460 | Chap. 496 | Chap. 497 | Chap. 552 | Chap. 554 | Chap. 555 | Chap. 565 | Chap. 629 | Chap. 687 | Chap. 715 | Chap. 761 | Chap. 780 | Chap. 781 | Chap. 785 | Chap. 787 | Chap. 844 | Chap. 845 | Chap. 851 | Chap. 861 | Chap. 876 | Chap. 895 | Chap. 906 | Chap. 921

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Chapter 318
June 11, 1940 [H. R. 6668] |  [Public No. 593] 54 Stat. 299

AN ACT
To authorize the Secretary of the Interior to convey to the State of North Carolina for use in connection with the Blue Ridge Parkway certain land within the Cherokee Indian Reservation in the State of North Carolina.
Section 2 | 3 | 4

Margin Notes
Chap. 318 Blue Ride Parkway, N. C. Conveyances of land to State of N. C., authorized.
Chap. 318 300
Chap. 318 Description.
Sec. 2 Survey before conveyance.
Sec. 2 Deed of conveyance.
Sec. 3 Payment by State to U.S.
Sec. 3 Deposit.
Sec. 3 Construction of State highway; location.
Sec. 4 Eastern Band of Cherokee Indians. Granting to, of interest in designated lands, authorized.
Sec. 4 Payment by transfer of funds.
Sec. 4 301
Sec. 4 Availability of transferred funds.
Sec. 4 Inclusion of acquired lands in Reservation.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to convey to the State of North Carolina for use as a right-of-way in connection with the Blue Ridge

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Parkway in the State of North Carolina all right, title, and interest of the United States and the Eastern Band of Cherokee Indians in such land and the timber thereon, to be determined as hereinafter provided, within the Cherokee Indian Reservation in the State of North Carolina as may be necessary for the construction and maintenance of such parkway over the following course: Beginning at a point in State Highway Numbered 293 near Soco Gap and extending to a junction with State Highway Numbered 107, near the mouth of the Ravens Fork of the Oconoluftee River by way of the following approximate controls: Leaving Soco Gap and following the east and northerly slopes of Soco and Bunches Bald ridge and crossing through Docks Gap to the south and west side of Soco and Bunches Bald; thence crossing Lickstone Ridge and entering Bunches Gap from the south; thence from Bunches Gap, following the south slopes of the main ridge, crossing Jenkins Divide ridge and entering Big Witch Gap from the southeast; thence leaving Big Witch Gap in a northwesterly direction and keeping on the northerly and westerly slopes of the main ridge, but crossing the various spur ridges circling around the heads of Mingo Creek and Sherrills Cove, and around the north end of the ridge lying immediately northeast of the Ravensford Mill site, crossing the Oconoluftee River to the junction with State Highway Numbered 107, previously referred to, and in addition, starting in a northeasterly direction from Bunches Gap passing about one-half mile north of Soco Bald; thence turning north and intersecting the boundary between the Qualla Indian Reservation and the Great Smoky Mountains National Park at a point approximately one mile northeast of Bunches Gap.

SEC. 2.

Before making such conveyance, the Secretary of the Interior shall have the lands along such course surveyed and shall determine the exact location and boundaries of the land to be conveyed for use as such right-of-way, which shall not exceed one hundred and twenty-five acres per mile. The deed of conveyance for such land shall contain an accurate description of the location and boundaries of such land in order that the interests of the United States and the Eastern Band of Cherokee Indians may be properly protected.

SEC. 3.

In consideration of conveyance, the State of North Carolina shall pay to the United States the sum of $40,000 or $30 per acre for the lands embraced in the right-of-way described in section 1, whichever sum is the largest, which shall be deposited in the Treasury to the credit of the Eastern Band of Cherokee Indians and held in trust by the United States for the Eastern Band of Cherokee Indians. It is understood and agreed that the State of North Carolina shall build without further payment for right-of-way, and without expense to the United States or the Cherokee Indians, a suitable State highway between Soco Gap and Cherokee Village, subject to the same laws, rules and regulations applicable to all State highways of North Carolina.

SEC. 4.

The Secretary of the Interior is hereby authorized, in his discretion, to grant to the Eastern Band of Cherokee Indians the beneficial interest in any lands selected by the council of said band within the Boundary Tree tract, containing approximately eight hundred and eighty-four acres; and the said Secretary is hereby directed to exclude from the Great Smoky Mountains National Park any lands so selected and granted. Prior to the consummation of any such grant, payment shall be made for all lands included therein by the transfer of a sum equal to the fair market value of such lands, as determined by the Secretary of the Interior, from any funds in the United States Treasury to the credit of said band, including funds made available under section 3 hereof, to the credit of the fund “National Park Service, donations”, which transfer the Secretary of

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the Treasury is hereby authorized to make upon request by the council of said band approved by the Secretary of the Interior. Funds so transferred shall be available for national park and monument uses, including the acquisition of lands for inclusion in the Great Smoky Mountains National Park. All lands purchased or otherwise acquired for the Eastern Band of Cherokee Indians under authority contained in this Act shall constitute a part of the Cherokee Indian Reservation in North Carolina, shall be held by the United States in trust for said band, and shall be nontaxable, nonalienable to the same extent as other lands within said reservation.

Approved, June 11, 1940.


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