Page Survey authorized with a view of constructing "The Oglethorpe National Trail and Parkway". .........Act of June 16, 1938 192 Oglethorpe National Trail and Parkway. Preamble. An Act To authorize a survey of the old Indian trail and the highway known as "Oglethorpe Trail" with a view of constructing a national roadway on this route to be known as "The Oglethorpe National Trail and Parkway", approved June 16, 1938 (52 Stat. 752) Whereas the ancient Indian trail, extending from Savannah, the scene of the English colonization of Georgia, northwestwardly along the route of the Savannah River in the direction of the city of Augusta, and thence in a northwesterly direction, furnished a trail along which passed the great Indian migrations and also furnished a means of communication between the Indian tribes traveling from the Middle West and North to the Southeast; and Whereas General Oglethorpe, in establishing a thoroughfare from Savannah to Augusta (upon returning, in September 1739, from his famous treaty conference with the Creek Nation, which was held at Coweta), followed this ancient Indian trail-this thoroughfare having been used thereafter by the colonists of Georgia in establishing their trading posts and outposts along the banks of the Savannah River into the great heart of the southeastern territory of the United States; and Whereas this thoroughfare from Savannah to Augusta was designated in 1780 as a British military road; and Whereas for nearly three-quarters of a century this thoroughfare was used as a stage road, President George Washington having traveled this road during his southern tour in 1791 in going from Savannah to Augusta; and Whereas many important and historic sites are located on or near this road, including (ascending from Savannah) Old Yamacraw; the Hermitage Plantation; New Yamacraw; the Indian Mound Irene (site of John Wesley's Mission); Mrs. Musgroves Cowpen; Joseph's Town; Mulberry Grove (Nathanael Greene's plantation and site of invention of the cotton gin by Eli Whitney); the town of Abercorn; Dacre's Tavern; New Ebenezer; Old Ebenezer (site of the Salzburger settlement in 1734); the Palachocolas river crossing; Mount Pleasant (site of the trading post and fort); Hudson's Ferry; Uchee Town; Brier Creek Battlefield (site of important Revolutionary War battle); Burton's Ferry; Telfare's Saw Mill; Telfare's Plantation; Stony Bluff (site of prehistoric Indian stone implement factory) Gorham's Ferry; Shell Bluff (site of deposits of gigantic fossilized oysters five inches wide by twenty-four inches long); and Whereas not only is the area traversed rich in historic and prehistoric sites but it contains tremendous scenic value, passing through deep, junglelike river swamps which abound in game; over small blackwater creeks well stocked with bass, perch, and bream; across flat pine barren lands and rolling hills, and along commanding bluffs on the banks of the Savannah River; and in the springtime when dogwood, laurel, and magnolias are in bloom the area becomes a veritable garden; and Whereas the entire Indian trail and the original thoroughfare from Savannah to Augusta lends itself particularly well to treatment as a national historic parkway (aside from its own significance it appears entirely feasible and desirable to link this proposed parkway to other national parkways, now under construction, by developing the Cherokee Indian trail from Augusta over the mountains to Tennessee); and Whereas the cities and counties located in the area through which this roadway passes are interested in the building of this national parkway-numerous organizations, associations, and private citizens having already sponsored many projects to mark various of the historic sites along the roadway; and Whereas the Government has recently adopted a policy and set up a division in the Department of the Interior known as the "National Park Service" to engage in a nâtional way in laying out parks, reservations, and building parkways: Therefore Use of funds 193 authorized for survey of old thorpe Trail. Indian and Ogle 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 hereby authorized to use a sum not in excess of $10,000 of the regular roads and trails or parkway appropriations available to the National Park Service, with which to make a survey of the old Indian and Oglethorpe Trail throughout its entire length leading from the city of Savannah to the city of Augusta, Georgia, the same to be known as "The Oglethorpe National Trail and Parkway." The said survey shall locate Location of the parkway as nearly as practicable in its original route. An estimate of cost of construction of an appropriate national parkway on this route, and such other data as would be valuable, shall be obtained by said survey, with the objective of determining matters concerning the construction of the parkway. parkway. XII. LEGISLATION RELATING TO NATIONAL 1. Cape Hatteras National Seashore Recreational Area project .... Establishment of "Cape Hatteras National Seashore" authorized........ 1 National Sea Page 195 197 Cape Hatteras shore, N. C. Establishment; area, location, etc. An Act To provide for the establishment of the Cape Hatteras National Seashore in the State of North Carolina, and for other purposes, approved August 17, 1937 (50 Stat. 669) 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when title to all the lands except those within the limits of established villages, within boundaries to be designated by the Secretary of the Interior within the area of approximately one hundred square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke, and Collington, and the waters and the lands beneath the waters adjacent thereto shall have been vested in the United States, said area shall be, and is hereby, established, dedicated, and set apart as a national seashore for the benefit and enjoyment of the people and shall be known as the Cape Hatteras National Seashore: Provided, That the United States shall Proviso. not purchase by appropriation of public moneys any lands Donations of within the aforesaid area, but such lands shall be secured lands. by the United States only by public or private donation. (16 U.S.C. sec. 459.) donations, etc. land. SEC. 2. The Secretary of the Interior is hereby author- Acceptance of ized to accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national seashore as determined and fixed hereunder and donations of funds for the purchase and maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, Proviso. That he may acquire on behalf of the United States under Acquisition of any donated funds by purchase, when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of the Act of August 1, 1888, such tracts of land within the said national seashore as may be necessary for the completion thereof. (16 U.S.C. sec. 459a.) SEC. 3. The administration, protection, and development of the aforesaid national seashore shall be exercised under the direction of the Secretary of the Interior by the National 1 Amended by Act of June 29, 1940 (54 Stat. 702), p. 197. 25 Stat. 357. 40 U.S.C. sec. 257. etc., by National Park Service. Administration, Park Service, subject to the provisions of the Act of August 16 U.S.C. sec. 1. 25, 1916 (39 Stat. 535), entitled "An Act to establish a Provisos. Jurisdiction of other agencies not divested.. Federal Water Power Act not applicable. National Park Service, and for other purposes", as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government now exercised over Federalowned lands within the area of the said Cape Hatteras National Seashore: Provided further, That the provisions of the Act of June 10, 1920, known as the "Federal Water Power Act", shall not apply to this national seashore: And provided further, That the legal residents of villages referred to in section 1 of this Act shall have the right to earn a livelihood by fishing within the boundaries to be Rights of village designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in this Act. (16 U.S.C. sec. 459a-1.) 41 Stat. 1063. 16 U.S.C. sec. 791. residents. Permanent reservation as a wilderness. Proviso. Minimum area. Reversionary provision. SEC. 4. Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, which shall be developed for such uses as needed, the said area shall be permanently reserved as a primitive wilderness and no development of the project or plan for the convenience of visitors shall be undertaken which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing in this area: Provided, That the Secretary of the Interior may, in his discretion, accept for administration, protection, and development by the National Park Service a minimum of ten thousand acres within the area described in section 1 of this Act, including the existing Cape Hatteras State Park, and, in addition, any other portions of the area described in section 1 hereof if the State of North Carolina shall agree that if all the lands described in section 1 of this Act shall not have been conveyed to the United States within ten years from the passage of this Act, the establishment of the aforesaid national seashore may, in the discretion of the said Secretary, be abandoned, and that, in the event of such abandonment, the said State will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore. The lands donated to the United States for the purposes of this Act by parties other than said State shall revert in the event of the aforesaid abandonment to the donors, or their heirs, or other persons entitled thereto by law. In the event of said abandonment, the Secretary of the Interior shall execute any suitable quitclaim deeds, or other writings entitled to record in the proper counties of North Carolina stating the fact of abandonment, whereupon title shall revert to those entitled thereto by law and no further conveyance or proof of reversion of title shall be required. (16 U.S.C. sec. 459a-2.) |