Washington : Government Printing Office



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. 
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 rightofway 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 followingdescribed lands, which shall hereafter constitute a part of the rightofway of the Blue Ridge Parkway:
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 eightyfour degrees fiftyfour and onehalf minutes west two hundred thirtyfour and ninetysix onehundredths feet to an iron rod; north eightyfour degrees fortytwo and onehalf minutes west fifty and seventyfour onehundredths feet to an iron rod; north eightythree degrees fiftytwo and onehalf minutes west fiftytwo and twentyseven onehundredths feet to an iron rod; north eightytwo degrees eight and onehalf minutes west fiftythree and eighty onehundredths feet to an iron rod; north seventynine degrees twentynine minutes west fiftyfive and twentyone onehundredths feet to an iron rod; north seventysix degrees eleven minutes west fiftysix and ten onehundredths feet to an iron rod; north seventytwo degrees thirtynine minutes west fiftysix and ten onehundredths feet to an iron rod; north sixtynine degrees ten and onehalf minutes west fiftysix and ten onehundredths feet to an iron rod; north sixtyfive degrees thirtynine minutes west fiftysix and ten onehundredths feet to an iron rod; north sixtytwo degrees ten minutes west fiftysix and ten onehundredths feet to an iron rod;
North fiftyeight degrees fortyone minutes west fiftysix and ten
onehundredths feet to an iron rod; north fiftyfive degrees eleven minutes west fiftysix and ten onehundredths feet to an iron rod; north fiftyone degrees forty minutes west fiftysix and ten onehundredths feet to an iron rod; north fortyeight degrees thirtyeight minutes west forty and twentyfive onehundredths feet to an iron rod; north fortysix degrees three minutes west fiftyfive and fortyfour onehundredths feet to an iron rod; north fortythree degrees seven minutes west fiftythree and eightytwo onehundredths feet to an iron rod; north fortyone degrees twentyfive and onehalf minutes west fiftytwo and twentynine onehundredths feet to an iron rod; north forty degrees thirtythree minutes west fifty and seventysix onehundredths feet to an iron rod; north forty degrees nineteen minutes west fortynine and twentyseven onehundredths feet to an iron rod; north forty degrees fortyfour minutes west fortyeight and thirtyseven onehundredths feet to an iron rod;
North fortytwo degrees thirtynine minutes west fortyfive and ten onehundredths feet to an iron rod; north fortysix degrees fortyfour minutes west fortyone and eightythree onehundredths feet to an iron rod; north fiftyone degrees twentyeight minutes west thirtyeight and ninetyfour onehundredths feet to an iron rod; north fiftyeight degrees fiftyseven and onehalf minutes west thirtysix and ninetyone onehundredths feet to an iron rod; north sixtysix degrees twentysix minutes west thirtysix and ninetyone onehundredths feet to an iron rod; north seventythree degrees fiftyseven minutes west thirtysix and ninetyone onehundredths feet to an iron rod; north eightyone degrees thirtythree and onehalf minutes west twentyone and eighty onehundredths feet to an iron rod; north eightysix degrees twentyfive and onehalf minutes west thirtyeight and fortyfive onehundredths feet to an iron rod;
South eightyeight degrees fiftyfive minutes west fortyone and eightythree onehundredths feet to an iron rod; south eightyfour degrees fifty and onehalf minutes west fortyfive and ten onehundredths feet to an iron rod; south eightytwo degrees fiftythree and onehalf minutes west fortyeight and thirtyseven onehundredths feet to an iron rod; south eightytwo degrees thirtysix minutes west forty and four onehundredths feet to an iron rod; south eightytwo degrees fortyeight minutes west fiftyone and nine onehundredths feet to arri iron rod; south eightyfour degrees five and onehalf minutes west fiftythree and twentyseven onehundredths feet to an iron rod; south eightysix degrees thirtyfour minutes west fiftyfive and fortyfive onehundredths feet to an iron rod;
North eightynine degrees fiftythree minutes west fiftyseven and fiftynine onehundredths feet to an iron rod; north eightyfour degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north seventynine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north seventyfour degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north sixtynine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north sixtyfour degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north fiftynine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north fiftyfour degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north fortynine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north fortyfour degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north thirtynine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod;
North thirtyfour degrees fiftyeight minutes west fiftyeight and
seventythree onehundredths feet to an iron rod; north twentynine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north twentyfour degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north nineteen degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north fourteen degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north nine degrees fiftyeight minutes west fiftyeight and seventythree onehundredths feet to an iron rod; north seven degrees twentyseven and onehalf minutes west fifteen and ninetyseven onehundredths feet to an iron rod; north three degrees fourteen and onehalf minutes west fiftynine and eightyfive onehundredths feet to an iron rod; north no degrees thirtyeight and onehalf minutes east fiftyseven and nine onehundredths feet to an iron rod; north three degrees fortythree and onehalf minutes east fiftyfour and twentyfive onehundredths feet to an iron rod;
North six degrees three and onehalf minutes east fiftyone and fortytwo onehundredths feet to an iron rod; north seven degrees fortyone and onehalf minutes east fiftytwo and sixtytwo onehundredths feet to an iron rod; north nine degrees twelve minutes east fiftytwo and sixtytwo onehundredths feet to an iron rod; north ten degrees fortytwo and onehalf minutes east fiftytwo and sixtytwo onehundredths feet to an iron rod; north twelve degrees twelve minutes east fiftytwo and sixtytwo onehundredths feet to an iron rod; north thirteen degrees fortythree minutes east fiftytwo and sixtytwo onehundredths feet to an iron rod; north fifteen degrees thirteen minutes east fiftytwo and sixtytwo onehundredths feet to an iron rod; north sixteen degrees thirtyfive minutes east forty and thirtyone onehundredths feet to an iron rod;,north seventeen degrees fiftyseven and onehalf minutes east fiftyone and sixtytwo onehundredths feet to an iron rod; north twenty degrees twentynine and onehalf minutes east fiftyfour and eightysix onehundredths feet to an iron rod;
North twentyfour degrees one and onehalf minutes east fiftyeight and ten onehundredths feet to an iron rod; north twentynine degrees twentysix and onehalf minutes east sixtyone and twentyeight onehundredths feet to an iron rod; north thirtyfour degrees fiftyeight and onehalf minutes east sixty and thirtyeight onehundredths feet to an iron rod; north forty degrees fiftyfive and onehalf minutes east sixty and thirtyeight onehundredths feet to an iron rod; north fortysix degrees fiftytwo and onehalf minutes east sixty and thirtyeight onehundredths feet to an iron rod; north fiftytwo degrees fortynine and onehalf minutes east sixty and thirtyeight onehundredths feet to an iron rod; north fiftyseven degrees fortyeight minutes east thirtynine and seventysix onehundredths feet to an iron rod; north sixtytwo degrees fourteen minutes east fiftynine and fourteen onehundredths feet to an iron rod; north sixtyseven degrees five minutes east fiftysix and fortyseven onehundredths feet to an iron rod; north sixtynine degrees twentynine and onehalf minutes east thirtyfive and twentyfive onehundredths 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 twentyseven onehundredths feet to a oneandonehalf 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 thirtynine degrees thirtyfour minutes east eight hundred twentyeight and fiftyfour onehundredths feet to a twoinch iron pipe; thence south thirtynine degrees fortytwo and onehalf minutes
east, two thousand and nine and seventy onehundredths feet to the point of beginning, and containing fortyseven and sixtynine onehundredths acres, more or less, of which fortyseven and eighteen onehundredths acres are in Haywood County and fiftyone onehundredths acre is in Swain County.
Beginning at a point, a cross mark cut on a rock, on the Blue Ridge Parkway boundary line, section 2Y, said point being further described as bearing north fiftyseven degrees onehalf minute west thirtyeight and sixtyeight onehundredths feet from transit point numbered 65 of said Parkway boundary; and running thence the following courses and distances, to wit:
North eighteen degrees twentytwo minutes east sixty and twentyeight onehundredths feet to an iron rod; north twentyone degrees one minute east sixtytwo and twentythree onehundredths feet to an iron rod; north twentysix degrees nineteen and onehalf minutes east sixtytwo and twentythree onehundredths feet to an iron rod; north thirtytwo degrees fortyfive and onehalf minutes east fiftyeight and twentynine onehundredths feet to an iron rod; north thirtyfour degrees one minute east fiftyeight and eighteen onehundredths feet to an iron rod; north fortytwo degrees fiftyeight and onehalf minutes east fiftyseven and eightyfour onehundredths feet to an iron rod; north fortythree degrees eleven and onehalf minutes east fiftyseven and fortysix onehundredths feet to an iron rod; north fiftyone degrees eighteen and onehalf minutes east fiftyseven and seven onehundredths feet to an iron rod; north fiftyone degrees thirtytwo minutes east fiftysix and seventythree onehundredths feet to an iron rod; north fiftyeight degrees fortynine and onehalf minutes east fiftysix and thirtyeight onehundredths feet to an iron rod; north fiftynine degrees one and onehalf minutes east fiftysix feet to an iron rod;
North sixtyfive degrees twentynine and onehalf minutes east fiftyfive and sixtyone onehundredths feet to an iron rod; north sixtyfive degrees fortytwo minutes east fiftyfive and twentyseven onehundredths feet to an iron rod; north seventyone degrees nineteen and onehalf minutes east fiftyfour and ninetyone onehundredths feet to an iron rod; north seventyone degrees thirtytwo and onehalf minutes east fiftyfour and fiftyfive onehundredths feet to an iron rod; north seventysix degrees twentyfive munutes east one hundred and eight feet to an iron rod; north eighty degrees thirtyfive minutes east one hundred six and fiftyfour onehundredths feet to an iron rod; north eightythree degrees fiftyfive minutes east one hundred five and nine onehundredths feet to an iron rod; north eightysix degrees twentyfour and onehalf minutes east one hundred three and sixtyfive onehundredths feet to an iron rod;
North eightyeight degrees four and onehalf minutes east one hundred and two and sixteen onehundredths feet to an iron rod; north eightyeight degrees fiftytwo and onehalf minutes east one hundred and seventyfive onehundredths feet to an iron rod; north eightynine degrees one and onehalf minutes east four hundred and twentynine onehundredths feet to an iron rod; north eightyeight degrees twentysix and onehalf minutes east fortysix and ninetyfive onehundredths feet to an iron rod; north eightyfive degrees three minutes east forty and eightythree onehundredths feet to an iron rod; north seventysix degrees no minutes east thirtyfour and seventytwo onehundredths feet to an iron rod; north seventydegrees nine and onehalf minutes east twentyeight and twentythree onehundredths feet to an iron rod; north fiftyeight degrees nine and onehalf minutes east twenty and fiftysix onehundredths feet to an iron rod;
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 thirtynine degrees fortytwo and onehalf minutes east two hundred ninety and eightythree onehundredths feet to a twoinch iron pipe; thence south thirtynine degrees thirtyfour minutes east six hundred ninetyfive and sixtythree onehundredths feet to a cross mark cut on a rock, said cross mark being transit point numbered 71 of the Blue Ridge Parkway, section 2Y, boundary line; thence with said Parkway boundary:
South seventytwo degrees twentyseven minutes west nine hundred twelve and eightyfive onehundredths feet to an iron rod, transit point numbered 70; south seventythree degrees twentyseven and onehalf minutes west one hundred ninetynine and fiftyseven onehundredths feet to an iron rod, transit point numbered 69; north seventytwo degrees seven and onehalf minutes west three hundred fortyfour and seventyone onehundredths feet to an iron rod, transit point numbered 68; north sixtyfive degrees fortythree minutes west six hundred fortyseven and seventyone onehundredths feet to an iron rod, transit point numbered 67; south eightyfour degrees twentyseven and onehalf minutes west one hundred thirty and sixteen onehundredths feet to an iron rod, transit point numbered 66; north eightyone degrees five minutes west two hundred seventyeight and two onehundredths feet to an iron rod, transit point numbered 65; north fiftyseven degrees onehalf minute west thirtyeight and sixtyeight onehundredths feet to the point of beginning, and containing thirtyeight and fortyfive onehundredths 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:
Beginning at an iron rod, transit point numbered 43 on the Blue Ridge Parkway boundary line, section 2Y, 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 eightyfive degrees fortyfour and onehalf minutes east one thousand four hundred seventythree and seventythree onehundredths feet to an iron rod, transit point numbered 41; north sixtyfour degrees twentynine minutes east eight hundred ninety four and fiftythree onehundredths feet to an iron rod, transit point numbered 45; south seventyone degrees twentysix and onehalf minutes east one thousand fourteen and eightynine onehundredths feet to an iron rod transit point numbered 46; north three degrees thirtytwo minutes east six hundred ninetythree and ninetyfive onehundredths feet to an iron rod, transit point numbered 47; north three degrees eleven and onehalf minutes west nine hundred seventynine and eightytwo onehundredths 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 sixtynine and fiftythree 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 onehalf minutes east five hundred and sixtynine and twentythree onehundredths feet to an iron rod, transit point numbered 50; south seventeen degrees seventeen and
onehalf minutes west nine hundred and sixteen and seventyeight onehundredths feet to an iron rod, transit point numbered 51; south fiftysix degrees twentyfour and onehalf minutes west four hundred and ninetyfour and fortysix onehundredths feet to an iron rod, transit point numbered 52; north seventyeight degrees twentynine minutes west six hundred and seventy and fiftytwo onehundredths feet to an iron rod, transit point numbered 53; north fiftynine degrees twentyfive minutes west three hundred and eight and fiftyseven onehundredths feet to an iron rod, transit point numbered 54; south fortyeight degrees thirtyfour minutes west one thousand and thirtyeight and fifteen onehundredths feet to an iron rod, transit point numbered 55;
North fortyfive degrees fiftynine minutes west nine hundred two and seventynine onehundredths feet to an iron rod; north thirtythree degrees thirty minutes west three hundred twentyfour and twentyeight onehundredths feet to an iron rod; north eightytwo degrees fiftyone and onehalf minutes west one hundred fiftyseven and fortynine onehundredths feet to an iron rod; north fortyeight degrees fortythree minutes west fortyfour and seventy onehundredths feet to an iron rod; south eightytwo degrees fortyeight minutes east one hundred seventythree and two onehundredths feet to an iron rod; north thirtythree degrees thirty minutes west three hundred ninetyeight and ninetysix onehundredths feet to an iron rod; north eightyfour degrees fifteen and onehalf minutes west four hundred ninety and seventyeight onehundredths feet to the point of beginning, and containing eightyone and eightyfive onehundredths 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.
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 hardsurface 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.