Chap. 371.—An ACT vesting in the State commission on conservation and
development power to acquire Jands, in the Blue Ridge area of Virginia, and
buildings and other improvements thereon, and any estate or interest therein,
for use as a public park or for public park purposes, by the exercise of the
right of eminent domain, or by gift, devise, purchase or other lawful means
for the transfer of title; providing for the conveyance or transfer of title
to and jurisdiction over lands thus acquired to the United States of America,
upon prescribed terms and conditions, for use as a public park or for public
park purposes; and expressly repealing subsections (d), (e) and (f) of
section thirteen (13) of an act approved March 17, 1926, entitled an act
to create a State commission on conservation and development.

[S B 107]
Approved March 22, 1928

1. Be it enacted by the general assembly of Virginia as follows:

Section 1. The short title of this act shall be the “National Park
Act.”

Section 2. Unless otherwise clearly indicated herein or required by
the context, the words “State,” as used in this act, shall be construed to
mean the State of Virginia; the word “commission” shall be con-
strued to mean the “State commission on conservation and develop-
ment.”

Section 3. The lands situated in the State of Virginia, described
by the act of congress, approved May twenty-second, nineteen hundred
and twenty-six, and included in the area therein mentioned as lands
which may be acquired, under terms and conditions therein set out,
for the establishment of a national park to be known as the Shenan-
doah National Park, together with all lands lving outside the said area,
but not more than three miles distant from the outside boundary lines
thereof, and any other land in the Blue Ridge mountains of Virginia
embraced within any area of land which has been designated or may
hereafter be designated in any act of congress of the United States,
as land which may be acquired by the United States for national park
purposes, are hereby specifically designated and set apart as lands
suitable for use as a public park and for public park purposes, and
the State commission on conservation and development is hereby ex-
pressly authorized and empowered to acquire title to said lands or any
part thereof for such use.

The terms and provisions of the act of congress, approved May
twenty-second, nineteen hundred and twenty-six, by reference to which
some of these lands are herein described, are as follows:

“Be it enacted by the senate and house of representatives of the
United States of America, in congress assembled, that when title to
lands within the area hereinafter referred to shall have been vested
in the United States in fee simple there shall be, and are hereby.
established, dedicated, and set apart as public parks for the benefit and
enjoyment of the people, the tract of land in the Blue Ridge, in the
State of Virginia, being approximately five hundred and twenty-one
thousand acres recommended by the secretary of the intericr in his
report of April fourteenth, nineteen hundred and twenty-six, which
area, Or any part or parts thereof as may be accepted on behalt of the
United States in accordance with the provisions hereof, shall be known
as the Shenandoah National Park; and the tract of land in the Great
Smoky mountains, in the State of North Carolina and Tennessee,
being approximately seven hundred and four thousand acres, recom-
mended by the secretary of the interior in his report of April four-
teenth, nineteen hundred and twenty-six, which area, or any part
or parts thereof as may be accepted on behalf of the United States in
accordance with the provisions hereof, shall be known as the Great
Smoky Mountains National Park:

“Provided, that the United States shall not purchase by appropria-
tion of public moneys any land within the aforesaid areas, but that
such lands shall be secured by the United States only by pubite or
private donation.

“Section 2. The secretary of the interior is hereby authorized, in
his discretion, to accept, as hereinafter provided on behalf of the
United States, title to the lands referred to in the previous section
hereof, and to be purchased with the one million two hundred thousand
dollars which has been subscribed by the State of Virginia, and the
Shenandoah National Park Association of Virginia, and with other
contributions, for the purchase of lands in the Shenandoah National
Park area, and with one million, sixty-six thousand, six hundred and
thirty-nine dollars which has been subscribed by the State of Tennessee
and the Great Smoky Mountains Conservation Association and by. the
Great Smoky Mountains (Incorporated) (North Carolina), and with
other contributions for the purchase of lands in the Great Smoky
Mountains National Park area.

“Section 3. That the administration, protection, and development
of the aforesaid parks shall be exercised under the direction of the
secretary of the interior by the national park service, subject to the
provisions of the act of August twenty-fifth, nineteen hundred and
sixteen, entitled ‘an act to establish a national park service, and tor
other purposes,’ as amended; provided, that the provisions of the act,
approved June tenth, nineteen hundred and twenty, known as the
federal water power act, shall not apply to these parks; and, provided.
further, that the minimum area to be administered and protected by the
national park service shall be for the Shenandoah National Park
area two hundred and fifty thousand acres, and for the Great Smoky
Mountains National Park area one hundred and fifty thousand areas ;
provided, further, that no general development of either of these areas
shall be undertaken until a major portion of the remainder in such area
shall have been accepted by said secretary.

“Section 4. The secretary of the interior may, for the purpose of
carrying out the provisions of this act, emplov the commission au-
thorized by the act, approved February twenty-first, nineteen hundred
and twenty-five.”

Section 4. Without limiting or restricting the area or the grant of
power set forth in the preceding section, and for the purpose of furnish-
ing a more definite description of certain lands, by reference to which
the powers granted to the commission in this act may be conveniently
exercised, the following described lands, a substantial part of which
are included within the area mentioned in the preceding section, are
hereby specifically designated and set apart as lands suitable for use as
a public park, and the commission is hereby expressly authorized and
empowered to acquire title thereto for such use; all of the lands situated
in the counties of Rappahannock, Madison, Greene, Albemarle, Augusta,
Rockingham, Page and Warren in the State of Virginia, and bounded
as follows: Beginning at a point on the Jarman Gap road where the
line between Augusta and Albemarle counties crosses the road; then
following west along the inner line of the right of way of road and
of the transmission line to a point where the transmission line crosses
Saw Mill run; thence north following the foothills to a point on the
county line between Rockingham and Augusta counties, but eliminating
the properties of the Crimora manganese mines as indicated; thence to
the forks of the road leading from Shendun (now Grottoes) and the
road from Port Republic; thence from said forks of road down
Madison run to the mouth of Dry run; thence to the crossing of Deep
run over highway ; thence following the said highway to the point where
it joins the Swift run gap road; thence northerly, following the foot-
hills to Elk run, and easterly around the foothills of the main ridge,
and northerly and westerly around the foothills of Huckleberry, Abrams
and Piney mountains, to a point approximately two miles east of
Furnace postoffice where line crosses road and Naked creek; thence
westerly and northerly, skirting the foot of Grindstone mountain and
crossing the gap between Stoney run and Fultz run; thence along the
foothills to the railroad right of way; thence along said right of way
to Stoney run; thence up Stoney run to above reservoir of dam, and
skirting the foothills northward, but avoiding the manganese mines,
into the foothills of Pine Grove hollow to hills just above Gray’s store;
thence northward across gap and following around the foothills to
above Forestdale schoolhouse and Knight’s store; thence following
foothills to where old road crosses small gap around to a point in Ida
hollow just above Will Summer’s place; thence following foothills
east of Valleyburg northwardly around and above Morningstar school,
church and graveyard; thence westerly along road to the point where
Dry run crosses road; thence, skirting outer side of Pumpkin hill,
westerly and northerly to the main fork of Pass run; thence skirting
the foothills around Neighbor mountain northerly and east of Oak Hill,
Rilleyville, and Overall to the point of Matthew’s Arm mountain;
thence easterly along the foothills south of the road between Benton-
ville and Browntown to the right of way of said road through the
saddle west of Browntown; thence following the amphitheater of foot-
hills west, south and east of Browntown to the Dades gap road; thence
along west side of Dickey’s hill along road to the point of said hill
above Front Royal; thence southerly along said hill but west of
Hominy hollow to a point where the Hominy hollow road joins the
Dades gap road; thence down Dades gap road to top of ridge on War-
ren and Rappahannock county line; thence crossing southeasterly
through saddle and down ravine lying west of Sandy and southwest of
large orchard on ridge; thence around east side of hill and following
main line of foothills to the gap between Jenkins mountain and Hog-
back across the tongue of mountain to the south side of Covington
river valley; thence skirting foothills along south side of said valley
around the main point of ridge and crossing the north fork of the
Thornton river approximately three miles northwest of Sperryville,
thence through low gap to the south fork of said river; thence around
the main foothills of Oven mountain to a crossing of the Lee high-
way immediately above Estes mill; thence along foot of Hazel Top
mountain to highway and following west side of right of way of said
highway along foothills of Hazel Top mountain to where it leaves
them; thence following said foothills through gap to Hughes river
crossing county line just northwest of forks of road; thence following
said foothills east of Ragged mountain to the north fork of Robertson
river and around the end of Old Tom mountain immediately above
Dunkard church to the south fork of Robertson river; thence follow-
ing the foothills around Double Top mountain and German ridge
to a knoll about one mile southeast of the bridge at forks over Rapidan
river in Rapidan hollow; thence across river to nearest foothills and
following the foothills to the head of Garth hollow and thence around
Allen mountain to a point just above Fletcher’s postoffice; thence
following foothills southerly just above road to forks of road above
Cecil mission and east of Powell mountain on Spottswood trail; thence
around Powell mountain and following the main foothills west of
Bacon hollow to crossing of Powell gap road approximately half a
mile below the crossing of Roach river on said road; thence crossing
by most easterly gap into Shiffiet hollow; thence along foothills back
to Episcopal mission home on road through gap immediately west of
County line mountain, and continuing along foothills to where they
reach road back of Foxes’ mountain; thence continuing along said
foothills and road to where road leaves said foothills; thence along said
foothills to a crossing of road about one mile and a half above forks
of road; thence following said foothills to the right of way of the
Charlottesville, Virginia, city water supply line; thence following said
right of way to the reservoir at the headwaters of Moormans river and
excluding such land above the present dam of said water supply
system as would, when said dam is raised to fifty feet in height, provide
a reservoir of approximately seventy-five acres, as planned; thence
following right of way easterly to a point where line meets said right
of way; thence around foothills westerly up small valley and above
orchard development to right of way of transmission line; thence
following right of way to transmission line to its intersection with the
Jarman gap road; and thence following road to point of beginning on
county line, it being understood that the inner or north line of right of
way and of Jarman gap road shall form the boundary line at all points,
containing approximately three hundred and twenty-seven thousand
acres; together with all lands lying outside the above set out boundary
line but not more than three miles distant therefrom.

Section 5. Subject to the provisions of this act, the commission is
hereby expressly vested with the power of eminent domain to condemn
for use as a public park or for public park purposes, and to acquire
title to all or any part of the lands described in sections three (3)
and four (4) hereof, including dwelling houses, outbuildings, orchards,
yards, gardens, and other improvements on such lands, and, all or any
right, title, or interest in or to all or any part of such lands, and the
improvements thereon, by the exercise of the right of eminent domain
in condemnation proceedings or by gift, devise, purchase, or any other
lawful means for the transfer of title; provided, nevertheless, that in
acquiring title to any of the said property by condemnation proceedings
or otherwise, the commission shall have no authority to pledge the
credit of the State or to incur any indebtedness on behalf of itself
or of the State.

Title to all lands and interests in Jands within the areas described
in section three (3) and section four (4) of this act, which may be
acquired by the State commission on conservation and development
under authority of the provisions of this act shall be held by the com-
nission in trust for the State of Virginia.

Section 6. Under terms and conditions approved by the governor,
and subject to the provisions of section seven (7) of this act, the com-
mission 1s hereby vested with power to contract to give, grant, convey,
and transfer to the United States of America all and any right, title,
or interest which it or the State of Virginia, or any political subdivision
thereof, now has or may hereafter acquire in or to land or lands, or
in or to any right, title, estate or interest in land or lands, within the
area described in sections three (3) and four (4) of this act, for use
as a public park or for public park purposes: provided that no such
gift, grant, conveyance or transfer shall include any right, title, estate
or interest owned by the State of Virginia or acquired by the commis-
sion, in or to the public roads known as the Lee highway and the
Spottswood trail; and the governor of the State of Virginia and the
commission are hereby vested with power to execute any lawful con-
veyance or conveyances, deed or deeds, which they may deem proper
or necessary for the execution of any contract or contracts executed
by the commission under authority of this section, in the form and
manner hereinafter sct forth. .\ny deed or deeds, or conveyance or
conveyances executed by the governor and the commission under au-
thority of this section, shall be executed in the names of the State of
Virginia, and the State commission on conservation and development,
by the governor of the State, and the chairman of the commission, at-
tested by the secretary of the State and the executive secretary of the
commission, and sealed with the great seal of the State; and no other
warrant or authority shall be required for the registration of any such
instrument.

Section 7. The United States of America is authorized to acquire
by deed or conveyance pursuant to this act land or lands within the
area specified and described in sections three (3) and four (4) of this
act, and exclusive jurisdiction shall be and the same is hereby ceded
to the United States of America over.and within all the territory in the
State of Virginia which is included within the area described in sec-
tions three (3) and four (4) of this act, and deeded and conveyed to
it, pursuant to the terms and conditions of section six (6) of this act;
saving, however, to the State of Virginia the right to serve civil or
criminal process within the limits of the land or lands thus deeded
or conveyed, in suits or prosecutions for or on account of rights
acquired, obligations incurred, or crime committed in said State out-
side of said land or lands, and on account of rights acquired, obliga-
tions incurred, or crimes committed, on or within said lands, prior
to the date of the giving or service of notice as hereinafter provided,
of the assumption of police jurisdiction over such land or lands by the
United States; and, saving further, to the said State, the right to tax
sales of gasoline and other motor vehicle fuels and oil for use in
motor vehicles, and to tax persons and corporations, their franchises
and properties, on land or lands deeded or conveyed as aforesaid;
and saving, also, to persons residing in or on any of the land or lands
deeded or conveyed as aforesaid the right to vote at all elections within
the county in which said land or lands are located, upon like terms and
conditions and to the same extent as they would be entitled to vote in
such county had not such lands been deeded or conveyed, as afore-
said, to the United States of America; provided, nevertheless, that
such jurisdiction shall not vest in the United States of America unless
and until it, through the proper officer or officers, notifies the gover-
nor and through him the State of Virginia, that the United States of
America assumes police jurisdiction over the land or lands thus
deeded and conveyed. Power is hereby expressly conferred on the
congress of the United States to enact such laws as it may deem neces-
sary for the acquisition of the said lands within the area prescribed in
sections three (3) and four (4) of this act, and further, to enact such
laws and to make and provide for the making of such rules and regula-
tions, of both civil and criminal nature, and to provide punishment
therefor, as in its judgment may be proper in the exercise of the
jurisdiction hereby conveyed.

Section 8. Subsections (d), (e), and ({) of section thirteen (13),
of the hill creating the State commission on conservation and develop-
ment (laws of nineteen hundred and twenty-six, chapter one hundred
and sixty-nine, page three hundred and seven) which begin with the
words, “the commission is hereby vested with the power of eminent
domain,” and end with the words “or to incur aty indebtedness on
behalf of itself or of the State.” are hereby expressiy abrogated and
repealed.

Section 9. An emergency existing, this act shall be in force from
its passage.