INDIAN AFFAIRS: LAWS AND TREATIES

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

Washington : Government Printing Office


Home | Disclaimer & Usage | Table of Contents | Index

PUBLIC LAWS OF THE EIGHTY-FIRST CONGRESS, FIRST SESSION, 1949
Chap. 22 | Chap. 48 | Chap. 90 | Chap. 138 | Chap. 139 | Chap. 154 | Chap. 236 | Chap. 354 | Chap. 425 | Chap. 464 | Chap. 472 | Chap. 487 | Chap. 488 | Chap. 494 | Chap. 506 | Chap. 521 | Chap. 566 | Chap. 567 | Chap. 574 | Chap. 603 | Chap. 604 | Chap. 628 | Chap. 630 | Chap. 653 | Chap. 680 | Chap. 691 | Chap. 694 | Chap. 726 | Chap. 790 | Chap. 791

Page Images




Chapter 653
October 10, 1949 [H.R. 2876] |  [Public Law 338] 63 Stat. 726

AN ACT
To effect an exchange of certain lands in the State of North Carolina between the United States and the Eastern Band of Cherokee Indians, and for other purposes.
Section 2

Margin Notes
Chap. 653 Eastern Band of Cherokee Indians. Exchange of lands.
Chap. 653 727
Chap. 653 728
Chap. 653 729
Chap. 653 730
Chap. 653 Grant to Eastern Band of Cherokee Indians.
Chap. 653 731
Sec. 2 Agreement.

Page 448

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of acquiring suitable right-of-way property for the Blue Ridge Parkway consistent with Resolution Numbered 33 of October 17, 1947, adopted by the tribal council of the Eastern Band of Cherokee Indians, there is hereby granted to the United States, subject to the provisions of the said resolution and this Act, all the right, title, and interest of the Eastern Band of Cherokee Indians in and to the following-described lands, which shall hereafter constitute a part of the right-of-way of the Blue Ridge Parkway:

TRACT NUMBERED 2—MOLLIE GAP

Beginning at an iron rod located on the boundary line between the Qualla tract of the Cherokee Indian Reservation and the lands of the Plott heirs, said iron rod being further described as being located approximately one thousand two hundred and fifty feet northwest from transit point numbered 71, a point on the Blue Ridge Parkway boundary line, and running thence the following courses and distances, to wit:

North eighty-four degrees fifty-four and one-half minutes west two hundred thirty-four and ninety-six one-hundredths feet to an iron rod; north eighty-four degrees forty-two and one-half minutes west fifty and seventy-four one-hundredths feet to an iron rod; north eighty-three degrees fifty-two and one-half minutes west fifty-two and twenty-seven one-hundredths feet to an iron rod; north eighty-two degrees eight and one-half minutes west fifty-three and eighty one-hundredths feet to an iron rod; north seventy-nine degrees twenty-nine minutes west fifty-five and twenty-one one-hundredths feet to an iron rod; north seventy-six degrees eleven minutes west fifty-six and ten one-hundredths feet to an iron rod; north seventy-two degrees thirty-nine minutes west fifty-six and ten one-hundredths feet to an iron rod; north sixty-nine degrees ten and one-half minutes west fifty-six and ten one-hundredths feet to an iron rod; north sixty-five degrees thirty-nine minutes west fifty-six and ten one-hundredths feet to an iron rod; north sixty-two degrees ten minutes west fifty-six and ten one-hundredths feet to an iron rod;

North fifty-eight degrees forty-one minutes west fifty-six and ten

Page 449

one-hundredths feet to an iron rod; north fifty-five degrees eleven minutes west fifty-six and ten one-hundredths feet to an iron rod; north fifty-one degrees forty minutes west fifty-six and ten one-hundredths feet to an iron rod; north forty-eight degrees thirty-eight minutes west forty and twenty-five one-hundredths feet to an iron rod; north forty-six degrees three minutes west fifty-five and forty-four one-hundredths feet to an iron rod; north forty-three degrees seven minutes west fifty-three and eighty-two one-hundredths feet to an iron rod; north forty-one degrees twenty-five and one-half minutes west fifty-two and twenty-nine one-hundredths feet to an iron rod; north forty degrees thirty-three minutes west fifty and seventy-six one-hundredths feet to an iron rod; north forty degrees nineteen minutes west forty-nine and twenty-seven one-hundredths feet to an iron rod; north forty degrees forty-four minutes west forty-eight and thirty-seven one-hundredths feet to an iron rod;

North forty-two degrees thirty-nine minutes west forty-five and ten one-hundredths feet to an iron rod; north forty-six degrees forty-four minutes west forty-one and eighty-three one-hundredths feet to an iron rod; north fifty-one degrees twenty-eight minutes west thirty-eight and ninety-four one-hundredths feet to an iron rod; north fifty-eight degrees fifty-seven and one-half minutes west thirty-six and ninety-one one-hundredths feet to an iron rod; north sixty-six degrees twenty-six minutes west thirty-six and ninety-one one-hundredths feet to an iron rod; north seventy-three degrees fifty-seven minutes west thirty-six and ninety-one one-hundredths feet to an iron rod; north eighty-one degrees thirty-three and one-half minutes west twenty-one and eighty one-hundredths feet to an iron rod; north eighty-six degrees twenty-five and one-half minutes west thirty-eight and forty-five one-hundredths feet to an iron rod;

South eighty-eight degrees fifty-five minutes west forty-one and eighty-three one-hundredths feet to an iron rod; south eighty-four degrees fifty and one-half minutes west forty-five and ten one-hundredths feet to an iron rod; south eighty-two degrees fifty-three and one-half minutes west forty-eight and thirty-seven one-hundredths feet to an iron rod; south eighty-two degrees thirty-six minutes west forty and four one-hundredths feet to an iron rod; south eighty-two degrees forty-eight minutes west fifty-one and nine one-hundredths feet to arri iron rod; south eighty-four degrees five and one-half minutes west fifty-three and twenty-seven one-hundredths feet to an iron rod; south eighty-six degrees thirty-four minutes west fifty-five and forty-five one-hundredths feet to an iron rod;

North eighty-nine degrees fifty-three minutes west fifty-seven and fifty-nine one-hundredths feet to an iron rod; north eighty-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north seventy-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north seventy-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north sixty-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north sixty-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north fifty-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north fifty-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north forty-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north forty-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north thirty-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod;

North thirty-four degrees fifty-eight minutes west fifty-eight and

Page 450

seventy-three one-hundredths feet to an iron rod; north twenty-nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north twenty-four degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north nineteen degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north fourteen degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north nine degrees fifty-eight minutes west fifty-eight and seventy-three one-hundredths feet to an iron rod; north seven degrees twenty-seven and one-half minutes west fifteen and ninety-seven one-hundredths feet to an iron rod; north three degrees fourteen and one-half minutes west fifty-nine and eighty-five one-hundredths feet to an iron rod; north no degrees thirty-eight and one-half minutes east fifty-seven and nine one-hundredths feet to an iron rod; north three degrees forty-three and one-half minutes east fifty-four and twenty-five one-hundredths feet to an iron rod;

North six degrees three and one-half minutes east fifty-one and forty-two one-hundredths feet to an iron rod; north seven degrees forty-one and one-half minutes east fifty-two and sixty-two one-hundredths feet to an iron rod; north nine degrees twelve minutes east fifty-two and sixty-two one-hundredths feet to an iron rod; north ten degrees forty-two and one-half minutes east fifty-two and sixty-two one-hundredths feet to an iron rod; north twelve degrees twelve minutes east fifty-two and sixty-two one-hundredths feet to an iron rod; north thirteen degrees forty-three minutes east fifty-two and sixty-two one-hundredths feet to an iron rod; north fifteen degrees thirteen minutes east fifty-two and sixty-two one-hundredths feet to an iron rod; north sixteen degrees thirty-five minutes east forty and thirty-one one-hundredths feet to an iron rod;,north seventeen degrees fifty-seven and one-half minutes east fifty-one and sixty-two one-hundredths feet to an iron rod; north twenty degrees twenty-nine and one-half minutes east fifty-four and eighty-six one-hundredths feet to an iron rod;

North twenty-four degrees one and one-half minutes east fifty-eight and ten one-hundredths feet to an iron rod; north twenty-nine degrees twenty-six and one-half minutes east sixty-one and twenty-eight one-hundredths feet to an iron rod; north thirty-four degrees fifty-eight and one-half minutes east sixty and thirty-eight one-hundredths feet to an iron rod; north forty degrees fifty-five and one-half minutes east sixty and thirty-eight one-hundredths feet to an iron rod; north forty-six degrees fifty-two and one-half minutes east sixty and thirty-eight one-hundredths feet to an iron rod; north fifty-two degrees forty-nine and one-half minutes east sixty and thirty-eight one-hundredths feet to an iron rod; north fifty-seven degrees forty-eight minutes east thirty-nine and seventy-six one-hundredths feet to an iron rod; north sixty-two degrees fourteen minutes east fifty-nine and fourteen one-hundredths feet to an iron rod; north sixty-seven degrees five minutes east fifty-six and forty-seven one-hundredths feet to an iron rod; north sixty-nine degrees twenty-nine and one-half minutes east thirty-five and twenty-five one-hundredths feet to an iron rod;

located on the boundary line between the Qualla tract of the Cherokee Indian Reservation and the Great Smoky Mountains National Park; thence with said boundary line south forty degrees nine minutes east, seventy and twenty-seven one-hundredths feet to a one-and-one-half inch iron pipe, said iron pipe being further described as a common corner between the Qualla tract of the Cherokee Indian Reservation, the Greaty Smoky Mountains National Park, and the Plott heirs; thence with the Indian Reservation and the Plott heirs boundary line south thirty-nine degrees thirty-four minutes east eight hundred twenty-eight and fifty-four one-hundredths feet to a two-inch iron pipe; thence south thirty-nine degrees forty-two and one-half minutes

Page 451

east, two thousand and nine and seventy one-hundredths feet to the point of beginning, and containing forty-seven and sixty-nine one-hundredths acres, more or less, of which forty-seven and eighteen one-hundredths acres are in Haywood County and fifty-one one-hundredths acre is in Swain County.

TRACT NUMBERED 3—WOLF LAUREL GAP

Beginning at a point, a cross mark cut on a rock, on the Blue Ridge Parkway boundary line, section 2-Y, said point being further described as bearing north fifty-seven degrees one-half minute west thirty-eight and sixty-eight one-hundredths feet from transit point numbered 65 of said Parkway boundary; and running thence the following courses and distances, to wit:

North eighteen degrees twenty-two minutes east sixty and twenty-eight one-hundredths feet to an iron rod; north twenty-one degrees one minute east sixty-two and twenty-three one-hundredths feet to an iron rod; north twenty-six degrees nineteen and one-half minutes east sixty-two and twenty-three one-hundredths feet to an iron rod; north thirty-two degrees forty-five and one-half minutes east fifty-eight and twenty-nine one-hundredths feet to an iron rod; north thirty-four degrees one minute east fifty-eight and eighteen one-hundredths feet to an iron rod; north forty-two degrees fifty-eight and one-half minutes east fifty-seven and eighty-four one-hundredths feet to an iron rod; north forty-three degrees eleven and one-half minutes east fifty-seven and forty-six one-hundredths feet to an iron rod; north fifty-one degrees eighteen and one-half minutes east fifty-seven and seven one-hundredths feet to an iron rod; north fifty-one degrees thirty-two minutes east fifty-six and seventy-three one-hundredths feet to an iron rod; north fifty-eight degrees forty-nine and one-half minutes east fifty-six and thirty-eight one-hundredths feet to an iron rod; north fifty-nine degrees one and one-half minutes east fifty-six feet to an iron rod;

North sixty-five degrees twenty-nine and one-half minutes east fifty-five and sixty-one one-hundredths feet to an iron rod; north sixty-five degrees forty-two minutes east fifty-five and twenty-seven one-hundredths feet to an iron rod; north seventy-one degrees nineteen and one-half minutes east fifty-four and ninety-one one-hundredths feet to an iron rod; north seventy-one degrees thirty-two and one-half minutes east fifty-four and fifty-five one-hundredths feet to an iron rod; north seventy-six degrees twenty-five munutes east one hundred and eight feet to an iron rod; north eighty degrees thirty-five minutes east one hundred six and fifty-four one-hundredths feet to an iron rod; north eighty-three degrees fifty-five minutes east one hundred five and nine one-hundredths feet to an iron rod; north eighty-six degrees twenty-four and one-half minutes east one hundred three and sixty-five one-hundredths feet to an iron rod;

North eighty-eight degrees four and one-half minutes east one hundred and two and sixteen one-hundredths feet to an iron rod; north eighty-eight degrees fifty-two and one-half minutes east one hundred and seventy-five one-hundredths feet to an iron rod; north eighty-nine degrees one and one-half minutes east four hundred and twenty-nine one-hundredths feet to an iron rod; north eighty-eight degrees twenty-six and one-half minutes east forty-six and ninety-five one-hundredths feet to an iron rod; north eighty-five degrees three minutes east forty and eighty-three one-hundredths feet to an iron rod; north seventy-six degrees no minutes east thirty-four and seventy-two one-hundredths feet to an iron rod; north seventy-degrees nine and one-half minutes east twenty-eight and twenty-three one-hundredths feet to an iron rod; north fifty-eight degrees nine and one-half minutes east twenty and fifty-six one-hundredths feet to an iron rod;

Page 452

located on the boundary line between the Qualla tract of the Cherokee Indian Reservation and the lands of the Plott heirs; thence with said boundary line south thirty-nine degrees forty-two and one-half minutes east two hundred ninety and eighty-three one-hundredths feet to a two-inch iron pipe; thence south thirty-nine degrees thirty-four minutes east six hundred ninety-five and sixty-three one-hundredths feet to a cross mark cut on a rock, said cross mark being transit point numbered 71 of the Blue Ridge Parkway, section 2-Y, boundary line; thence with said Parkway boundary:

South seventy-two degrees twenty-seven minutes west nine hundred twelve and eighty-five one-hundredths feet to an iron rod, transit point numbered 70; south seventy-three degrees twenty-seven and one-half minutes west one hundred ninety-nine and fifty-seven one-hundredths feet to an iron rod, transit point numbered 69; north seventy-two degrees seven and one-half minutes west three hundred forty-four and seventy-one one-hundredths feet to an iron rod, transit point numbered 68; north sixty-five degrees forty-three minutes west six hundred forty-seven and seventy-one one-hundredths feet to an iron rod, transit point numbered 67; south eighty-four degrees twenty-seven and one-half minutes west one hundred thirty and sixteen one-hundredths feet to an iron rod, transit point numbered 66; north eighty-one degrees five minutes west two hundred seventy-eight and two one-hundredths feet to an iron rod, transit point numbered 65; north fifty-seven degrees one-half minute west thirty-eight and sixty-eight one-hundredths feet to the point of beginning, and containing thirty-eight and forty-five one-hundredths acres, more or less, and lying entirely within Haywood County.

In exchange for the lands so granted to the United States, there is hereby granted to the Eastern Band of Cherokee Indians the beneficial interest in the following described lands of approximately equal value, which lands shall hereafter be excluded from the Blue Ridge Parkway:

TRACT NUMBERED 1—BUNCHES GAP

Beginning at an iron rod, transit point numbered 43 on the Blue Ridge Parkway boundary line, section 2-Y, said point being further described as being located approximately six hundred and fifty feet northwest from Bunches Gap and approximately one hundred and thirty feet north of the Indian Service Road; running thence the following courses and distances, to wit:

South eighty-five degrees forty-four and one-half minutes east one thousand four hundred seventy-three and seventy-three one-hundredths feet to an iron rod, transit point numbered 41; north sixty-four degrees twenty-nine minutes east eight hundred ninety four and fifty-three one-hundredths feet to an iron rod, transit point numbered 45; south seventy-one degrees twenty-six and one-half minutes east one thousand fourteen and eighty-nine one-hundredths feet to an iron rod transit point numbered 46; north three degrees thirty-two minutes east six hundred ninety-three and ninety-five one-hundredths feet to an iron rod, transit point numbered 47; north three degrees eleven and one-half minutes west nine hundred seventy-nine and eighty-two one-hundredths feet to an iron rod, transit point numbered 48; said transit point being located on the boundary line between the Qualla tract of the Cherokee Indian Reservation and the Great Smoky Mountains National Park; thence with said boundary line south forty degrees twelve minutes east, one thousand sixty-nine and fifty-three one hundredths feet to an iron rod, transit point numbered 49, and there leaving said National Park and Indian Reservation boundary line; thence—

South two degrees sixteen and one-half minutes east five hundred and sixty-nine and twenty-three one-hundredths feet to an iron rod, transit point numbered 50; south seventeen degrees seventeen and

Page 453

one-half minutes west nine hundred and sixteen and seventy-eight one-hundredths feet to an iron rod, transit point numbered 51; south fifty-six degrees twenty-four and one-half minutes west four hundred and ninety-four and forty-six one-hundredths feet to an iron rod, transit point numbered 52; north seventy-eight degrees twenty-nine minutes west six hundred and seventy and fifty-two one-hundredths feet to an iron rod, transit point numbered 53; north fifty-nine degrees twenty-five minutes west three hundred and eight and fifty-seven one-hundredths feet to an iron rod, transit point numbered 54; south forty-eight degrees thirty-four minutes west one thousand and thirty-eight and fifteen one-hundredths feet to an iron rod, transit point numbered 55;

North forty-five degrees fifty-nine minutes west nine hundred two and seventy-nine one-hundredths feet to an iron rod; north thirty-three degrees thirty minutes west three hundred twenty-four and twenty-eight one-hundredths feet to an iron rod; north eighty-two degrees fifty-one and one-half minutes west one hundred fifty-seven and forty-nine one-hundredths feet to an iron rod; north forty-eight degrees forty-three minutes west forty-four and seventy one-hundredths feet to an iron rod; south eighty-two degrees forty-eight minutes east one hundred seventy-three and two one-hundredths feet to an iron rod; north thirty-three degrees thirty minutes west three hundred ninety-eight and ninety-six one-hundredths feet to an iron rod; north eighty-four degrees fifteen and one-half minutes west four hundred ninety and seventy-eight one-hundredths feet to the point of beginning, and containing eighty-one and eighty-five one-hundredths acres, more or less, and lying entirely within Swain County.

The lands last above described shall constitute a part of the Cherokee Indian Reservation in North Carolina and shall be held by the United States in trust for said band and shall be nontaxable and nonalienable as other lands of said reservation.

SEC. 2.

The Secretary of the Interior, for the purpose of insuring prompt and full compliance with the conditions relating to the exchange of lands hereby affected, as set forth in the said Resolution Numbered 33 of October 17, 1947, is hereby authorized and directed to enter into an agreement with the Governor of the State of North Carolina which shall contain assurance that the present Indian Service road at Wolf Laurel shall remain open for Indian use without restriction; provide for the construction by the North Carolina State Highway and Public Works Commission, at its own expense, of a hard-surface access road of suitable width from Mollie Gap to the site of the proposed tourist development to be made on tribal land in the vicinity of Soco Bald; and set forth such other terms and conditions as may be mutually desirable for effectuating the purposes of the said resolution.

Approved, October 10, 1949.


Search | OSU Library Electronic Publishing Center

Produced by the Oklahoma State University Library
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu