---
kind: "range"
citation: "16 U.S.C. §§ 698–698e"
title: "16"
from: "698"
to: "698e"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/16/698..698e"
---

# §698. Big Thicket National Preserve

- (a) **Establishment—** In order to assure the preservation, [conservation](/usc/16/6456.md?p=2), and protection of the natural, scenic, and recreational values of a significant portion of the Big Thicket [area](/usc/16/539m–1.md?p=1-A) in the [State](/usc/16/6456.md?p=2) of Texas and to provide for the enhancement and public enjoyment thereof, the Big Thicket National [Preserve](/usc/16/410hhh–1.md?p=7) is hereby established.
- (b) **Location; boundaries; publication in Federal Register—** The Big Thicket National [Preserve](/usc/16/410hhh–1.md?p=7) (hereafter referred to as the “[preserve](/usc/16/410hhh–1.md?p=7)”) shall include the [units](/usc/16/430f–7.md?p=4) generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Big Thicket National [Preserve](/usc/16/410hhh–1.md?p=7)”, dated October 1992, and numbered 175–80008, which shall be on file and available for public inspection in the offices of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior, and the offices of the Superintendent of the [preserve](/usc/16/410hhh–1.md?p=7). After advising the [Committee](/usc/16/941b.md?p=1) on Energy and Natural [Resources](/usc/16/410hhh–1.md?p=8) of the United States Senate and the [Committee](/usc/16/941b.md?p=1) on Natural [Resources](/usc/16/410hhh–1.md?p=8) of the United States House of [Representatives](/usc/16/5609.md?p=13), in writing, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) may make minor revisions of the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7) when necessary by publication of a revised drawing or other boundary description in the Federal Register. The [Secretary](/usc/16/410r–5.md?p=c-1) shall, as soon as practicable, but no later than six months after October 11, 1974, publish a detailed description of the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7) in the Federal Register. In establishing such boundaries, the [Secretary](/usc/16/410r–5.md?p=c-1) shall locate stream corridor [unit](/usc/16/430f–7.md?p=4) boundaries referenced from the stream bank on each side thereof and he shall further make every reasonable effort to exclude from the [units](/usc/16/430f–7.md?p=4) hereafter described any improved year-round residential properties which he determines, in his discretion, are not necessary for the protection of the values of the [area](/usc/16/539m–1.md?p=1-A) or for its proper administration. The [preserve](/usc/16/410hhh–1.md?p=7) shall consist of the following [units](/usc/16/430f–7.md?p=4):

  Big Sandy Creek [unit](/usc/16/430f–7.md?p=4), Polk County, Texas, comprising approximately fourteen thousand three hundred acres;

  Menard Creek Corridor [unit](/usc/16/430f–7.md?p=4), Polk, Hardin, and Liberty [Counties](/usc/16/544.md?p=d), Texas, including a module at its confluence with the Trinity River, comprising approximately three thousand three hundred and fifty-nine acres;

  Hickory Creek Savannah [unit](/usc/16/430f–7.md?p=4), Tyler County, Texas, comprising approximately six hundred and sixty-eight acres;

  Turkey Creek [unit](/usc/16/430f–7.md?p=4), Tyler and Hardin [Counties](/usc/16/544.md?p=d), Texas, comprising approximately seven thousand eight hundred acres;

  Beech Creek [unit](/usc/16/430f–7.md?p=4), Tyler County, Texas, comprising approximately four thousand eight hundred and fifty-six acres;

  Upper Neches River corridor [unit](/usc/16/430f–7.md?p=4), Jasper, Tyler, and Hardin [Counties](/usc/16/544.md?p=d), Texas, including the Sally Withers [Addition](/usc/16/410r–5.md?p=c-2), comprising approximately three thousand seven hundred and seventy-five acres;

  Neches Bottom and Jack Gore Baygall [unit](/usc/16/430f–7.md?p=4), Hardin and Jasper [Counties](/usc/16/544.md?p=d), Texas, comprising approximately thirteen thousand three hundred acres;

  Lower Neches River corridor [unit](/usc/16/430f–7.md?p=4), Hardin, Jasper, and Orange [Counties](/usc/16/544.md?p=d), Texas, except for a one-mile segment on the east side of the river including the site of the papermill near Evandale, comprising approximately two thousand six hundred acres;

  Beaumont [unit](/usc/16/430f–7.md?p=4), Orange, Hardin, and Jefferson [Counties](/usc/16/544.md?p=d), Texas, comprising approximately six thousand two hundred and eighteen acres;

  Loblolly [unit](/usc/16/430f–7.md?p=4), Liberty County, Texas, comprising approximately five hundred and fifty acres;

  Little Pine Island-Pine Island Bayou corridor [unit](/usc/16/430f–7.md?p=4), Hardin and Jefferson [Counties](/usc/16/544.md?p=d), Texas, comprising approximately two thousand one hundred acres;

  Lance Rosier [Unit](/usc/16/430f–7.md?p=4), Hardin County, Texas, comprising approximately twenty-five thousand and twenty-four acres;

  Village Creek Corridor [unit](/usc/16/430f–7.md?p=4), Hardin County, Texas, comprising approximately four thousand seven hundred and ninety-three acres;

  Big Sandy Corridor [unit](/usc/16/430f–7.md?p=4), Hardin, Polk, and Tyler [Counties](/usc/16/544.md?p=d), Texas, comprising approximately four thousand four hundred and ninety-seven acres; and

  Canyonlands [unit](/usc/16/430f–7.md?p=4), Tyler County, Texas, comprising approximately one thousand four hundred and seventy-six acres.

- (c) **Methods of acquisition of land—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7): Provided, That privately owned lands located within the Village Creek Corridor, Big Sandy Corridor, and Canyonlands [units](/usc/16/430f–7.md?p=4) may be acquired only with the consent of the [owner](/usc/16/429b–3.md?p=4): Provided further, That the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) lands owned by commercial timber companies only by donation or exchange: Provided further, That any lands owned by the [State](/usc/16/6456.md?p=2) of Texas, or any political [subdivisions](/usc/16/539m–1.md?p=15) thereof may be acquired by donation only. The [Secretary](/usc/16/410r–5.md?p=c-1) may also [acquire](/usc/16/620e.md?p=1), by any of the above methods, approximately 15 acres of land outside of the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7) in the vicinity of the intersection of United States Highway 69 and [State](/usc/16/6456.md?p=2) Farm-Market Road 420, in Hardin County, Texas, for purposes of a visitor contact and administrative site. After notifying the [Committee](/usc/16/941b.md?p=1) on Energy and Natural [Resources](/usc/16/410hhh–1.md?p=8) of the Senate and the [Committee](/usc/16/941b.md?p=1) on Natural [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13), in writing, of his intention to do so and of the reasons therefor, the [Secretary](/usc/16/410r–5.md?p=c-1) may, if he finds that such lands would make a significant contribution to the purposes for which the [preserve](/usc/16/410hhh–1.md?p=7) was created, accept title to any lands, or interests in lands, located outside of the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7) which the [State](/usc/16/6456.md?p=2) of Texas or its political [subdivisions](/usc/16/539m–1.md?p=15) may [acquire](/usc/16/620e.md?p=1) and offer to donate to the United States or which any private [person](/usc/16/450rr–1.md?p=b), organization, or public or private corporation may offer to donate to the United States and he may administer such lands as a part of the [preserve](/usc/16/410hhh–1.md?p=7) after publishing notice to that effect in the Federal Register. Notwithstanding any other provision of law, any federally owned lands within the [preserve](/usc/16/410hhh–1.md?p=7) shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for the purposes of [sections 698 to 698e](/usc/16/698..698e.md) of this title, without transfer of [funds](/usc/16/1421h.md?p=2).
- (d) **Exchanges of land—** Within sixty days after July 1, 1993, the [Secretary](/usc/16/410r–5.md?p=c-1) and the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture shall identify lands within their jurisdiction located within the vicinity of the [preserve](/usc/16/410hhh–1.md?p=7) which may be suitable for exchange for commercial timber lands within the [preserve](/usc/16/410hhh–1.md?p=7). In so doing, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture shall seek to identify for exchange [National Forest lands](/usc/16/460hhh.md?p=1) that are near or adjacent to [private lands](/usc/16/620e.md?p=6) that are already owned by the commercial timber companies. Such [National Forest lands](/usc/16/460hhh.md?p=1) shall be located in the Sabine [National Forest](/usc/16/5207.md?p=3) in Sabine County, Texas, in the Davy Crockett [National Forest](/usc/16/5207.md?p=3) south of Texas [State](/usc/16/6456.md?p=2) Highway 7, or in other sites deemed mutually agreeable, and within reasonable distance of the timber companies’ existing mills. In exercising this exchange authority, the [Secretary](/usc/16/410r–5.md?p=c-1) and the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture may utilize any authorities or procedures otherwise available to them in connection with land exchanges, and which are not inconsistent with the purposes of [sections 698 to 698e](/usc/16/698..698e.md) of this title. Land exchanges authorized pursuant to this subsection shall be of equal value and shall be completed as soon as possible, but no later than five years after July 1, 1993. The [Secretary](/usc/16/410r–5.md?p=c-1), in considering the values of the [private lands](/usc/16/620e.md?p=6) to be exchanged under this subsection, shall consider independent appraisals submitted by the [owners](/usc/16/429b–3.md?p=4) of the [private lands](/usc/16/620e.md?p=6). The authority to exchange lands under this subsection shall expire on July 1, 1998.
- (e) **Indian Springs Youth Camp—** With respect to the thirty-seven-acre [area](/usc/16/539m–1.md?p=1-A) owned by the Louisiana-Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., on Big Sandy Creek in Hardin County, Texas, and now utilized as part of the Indian Springs Youth Camp (H.G. King Abstract 822), the [Secretary](/usc/16/410r–5.md?p=c-1) shall not [acquire](/usc/16/620e.md?p=1) such [area](/usc/16/539m–1.md?p=1-A) without the consent of the [owner](/usc/16/429b–3.md?p=4) so long as the [area](/usc/16/539m–1.md?p=1-A) is used exclusively as a youth camp.

# §698a. Acquisition of property for Big Thicket Preserve

- (a) **Mineral rights; easements; improved properties—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall, immediately after the publication of the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7), commence negotiations for the [acquisition](/usc/16/620e.md?p=1) of the lands located therein: Provided, That he shall not [acquire](/usc/16/620e.md?p=1) the mineral estate in any property or existing easements for public utilities, pipelines or railroads without the consent of the [owner](/usc/16/429b–3.md?p=4) unless, in his judgment, he first determines that such property or estate is subject to, or threatened with, [uses](/usc/16/410hhh–1.md?p=10) which are, or would be, detrimental to the purposes and objectives of [sections 698 to 698e](/usc/16/698..698e.md) of this title: Provided further, That the [Secretary](/usc/16/410r–5.md?p=c-1), insofar as is reasonably possible, may avoid the [acquisition](/usc/16/620e.md?p=1) of [improved properties](/usc/16/251h.md?p=2), as defined in [sections 698 to 698e](/usc/16/698..698e.md) of this title, and shall make every effort to minimize the [acquisition](/usc/16/620e.md?p=1) of land where he finds it necessary to [acquire](/usc/16/620e.md?p=1) properties containing improvements.
- (b) **Plan to Congressional committees; time; contents—** Within one year after October 11, 1974, the [Secretary](/usc/16/410r–5.md?p=c-1) shall submit, in writing, to the [Committee](/usc/16/941b.md?p=1)[^1] on Interior and Insular Affairs and to the [Committees](/usc/16/941b.md?p=1) on Appropriations of the United States Congress a detailed plan which shall indicate:
  - (i) the lands and [areas](/usc/16/539m–1.md?p=1-A) which he deems essential to the protection and public enjoyment of this [preserve](/usc/16/410hhh–1.md?p=7),
  - (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this [preserve](/usc/16/410hhh–1.md?p=7), and
  - (iii) the annual [acquisition](/usc/16/620e.md?p=1) [program](/usc/16/460ss–6.md?p=1) (including the level of funding) which he recommends for the ensuing five fiscal years.
- (c) **Completion of land acquisition program; time—** It is the express intent of the Congress that the [Secretary](/usc/16/410r–5.md?p=c-1) should substantially complete the land [acquisition](/usc/16/620e.md?p=1) [program](/usc/16/460ss–6.md?p=1) contemplated by [sections 698 to 698e](/usc/16/698..698e.md) of this title within six years after October 11, 1974.

# §698b. Right of use and occupancy of improved property on Big Thicket Preserve

- (a) **Election of right of use and occupancy; payment of fair market value; termination of right—** The [owner](/usc/16/429b–3.md?p=4) of an [improved property](/usc/16/251h.md?p=2) on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself and his heirs and assigns a right of use and occupancy of the [improved property](/usc/16/251h.md?p=2) for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the death of his spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay the [owner](/usc/16/429b–3.md?p=4) the [fair market value](/usc/16/459b–1.md?p=e) of the property on the date of [acquisition](/usc/16/620e.md?p=1) less the [fair market value](/usc/16/459b–1.md?p=e), on that date, of the right retained by the [owner](/usc/16/429b–3.md?p=4). A right retained pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that it is being exercised in a manner inconsistent with the purposes of [sections 698 to 698e](/usc/16/698..698e.md) of this title, and it shall terminate by operation of law upon the [Secretary](/usc/16/410r–5.md?p=c-1)’s notifying the holder of the right of such determination and tendering to him an amount equal to the [fair market value](/usc/16/459b–1.md?p=e) of that portion of the right which remains unexpired.
- (b) **“Improved property” defined—** As used in [sections 698 to 698e](/usc/16/698..698e.md) of this title, the term “[improved property](/usc/16/251h.md?p=2)” means a detached year-round one-family dwelling which serves as the [owner](/usc/16/429b–3.md?p=4)’s permanent place of abode at the time of [acquisition](/usc/16/620e.md?p=1), and construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the [Secretary](/usc/16/410r–5.md?p=c-1) deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.
- (c) **Waiver of right to relocation assistance by election of right of use and occupancy—** Whenever an [owner](/usc/16/429b–3.md?p=4) of property elects to retain a right of use and occupancy as provided in this section, such [owner](/usc/16/429b–3.md?p=4) shall be deemed to have waived any benefits or rights accruing under sections [4623](/usc/42/4623.md), [4624](/usc/42/4624.md), [4625](/usc/42/4625.md), and [4626](/usc/42/4626.md) of title 42, and for the purposes of such sections such [owner](/usc/16/429b–3.md?p=4) shall not be considered a displaced [person](/usc/16/450rr–1.md?p=b) as defined in [section 4601(6) of title 42](/usc/42/4601.md?p=6).

# §698c. Administration of Big Thicket Preserve

- (a) **Natural and ecological integrity—** The [area](/usc/16/539m–1.md?p=1-A) within the boundaries depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [section 698 of this title](/usc/16/698.md) shall be known as the Big Thicket National [Preserve](/usc/16/410hhh–1.md?p=7). Such lands shall be administered by the [Secretary](/usc/16/410r–5.md?p=c-1) as a [unit](/usc/16/430f–7.md?p=4) of the [National Park](/usc/16/410hhh–1.md?p=5) [System](/usc/16/668ee.md?p=14) in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of [sections 698 to 698e](/usc/16/698..698e.md) of this title and with the provisions of the Act of August 25, 1916 (39 Stat. 535; [16 U.S.C. 1–4](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1–4))),[^1] as amended and supplemented.
- (b) **Limitation on construction of roads, campgrounds, etc.; rules and regulations for use of Federal lands and waters—** In the interest of maintaining the ecological integrity of the [preserve](/usc/16/410hhh–1.md?p=7), the [Secretary](/usc/16/410r–5.md?p=c-1) shall limit the construction of roads, vehicular campgrounds, employee housing, and other public use and administrative facilities and he shall promulgate and publish such rules and regulations in the Federal Register as he deems necessary and appropriate to limit and control the use of, and activities on, [Federal lands](/usc/16/620e.md?p=2) and waters with respect to:
  - (1) motorized land and water vehicles;
  - (2) exploration for, and extraction of, oil, gas, and other minerals;
  - (3) new construction of any kind;
  - (4) grazing and agriculture; and
  - (5) such other [uses](/usc/16/410hhh–1.md?p=10) as the [Secretary](/usc/16/410r–5.md?p=c-1) determines must be limited or controlled in order to carry out the purposes of [sections 698 to 698e](/usc/16/698..698e.md) of this title.
- (c) **Hunting, fishing, and trapping authorized in accordance with applicable Federal and State laws; consultation with appropriate State agency prior to implementation of regulations restricting activities—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall permit hunting, [fishing](/usc/16/7901.md?p=b), and trapping on lands and waters under his jurisdiction within the [preserve](/usc/16/410hhh–1.md?p=7) in accordance with the applicable laws of the United States and the [State](/usc/16/6456.md?p=2) of Texas, except that he may designate zones where and periods when, no hunting, [fishing](/usc/16/7901.md?p=b), trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, [fishing](/usc/16/7901.md?p=b), or trapping shall be put into effect only after consultation with the appropriate [State](/usc/16/6456.md?p=2) agency having jurisdiction over hunting, [fishing](/usc/16/7901.md?p=b) and trapping activities.

# §698d. Review of Big Thicket Preserve area by Secretary; report to President


Within five years from October 11, 1974, the [Secretary](/usc/16/410r–5.md?p=c-1) shall review the [area](/usc/16/539m–1.md?p=1-A) within the [preserve](/usc/16/410hhh–1.md?p=7) and shall report to the President, in accordance with section [1132(c)](/usc/16/1132.md?p=c) and [(d)](/usc/16/1132.md?p=d) of this title, his recommendations as to the suitability or nonsuitability of any [area](/usc/16/539m–1.md?p=1-A) within the [preserve](/usc/16/410hhh–1.md?p=7) for preservation as [wilderness](/usc/16/460mmm–1.md?p=6), and any designation of any such [areas](/usc/16/539m–1.md?p=1-A) as a [wilderness](/usc/16/460mmm–1.md?p=6) shall be accomplished in accordance with section [1132(c)](/usc/16/1132.md?p=c) and [(d)](/usc/16/1132.md?p=d) of this title.


# §698e. Authorization of appropriations for Big Thicket Preserve


There are authorized to be appropriated such sums as may be necessary to carry out the provisions of [sections 698 to 698e](/usc/16/698..698e.md) of this title, but not to exceed $63,812,000 for the [acquisition](/usc/16/620e.md?p=1) of lands and interests in lands and not to exceed $7,000,000 for development. Effective October 1, 1984, there is authorized to be appropriated such sums as may be necessary for the [acquisition](/usc/16/620e.md?p=1) of the visitor contact and administrative site referred to in subsection (c) of [section 698 of this title](/usc/16/698.md). Effective upon July 1, 1993, there is authorized to be appropriated such sums as may be necessary to carry out the purposes of subsections (c) and (d) of [section 698 of this title](/usc/16/698.md).