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Volume 75 · 780

Public Law 87–362

To provide for the preservation and protection of certain lands in Prince Georges and Charles Counties, Maryland, and for other purposes.

Approved October 4, 1961

Statutory text

JOINT RESOLUTION

To provide for the preservation and protection of certain lands in Prince Georges and Charles Counties, Maryland, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That in order to preserve for the benefit of present and future generations the historic and scenic

Preservation of certain lands.

values, the unusual cultural, scientific, and recreational values, and the present open and wooded character of certain lands situated along the Potomac River in Prince Georges and Charles Counties, Maryland, and in order to preserve lands which provide the principal overview from the Mount Vernon Estate and Fort Washington, m a manner that will insure, insofar as practicable, the natural beauty of such lands as it existed at the time of the construction and active use of Mount Vernon Mansion and Fort Washington, the Secretary of the Interior is authorized to acquire and administer lands and interests therein, in the manner hereinafter provided.

Sec. 2.

(a)

Donations of lands. Acceptance.

The Secretary of the Interior is authorized to accept donations of lands or interests therein located in Prince Georges and Charles Counties, Maryland, in the vicinity of Piscataway Creek, held by the Accokeek Foundation or other foundations or organizations for public use.

(b)

When the Secretary receives a commitment, subject to such conditions as shall be agreeable to the Secretary of the Interior and the potential donor or donors, in accordance with which commitment the property referred to in subsection (a) will be donated to the United States for purposes of this Act, he is authorized to acquire by such means as he finds are in the public interest other land and interests in land lying generally within the area identified as follows:

Beginning at a point on the shoreline of the Potomac River at the intersection of the northerly right-of-way line of Maryland State Route 227 in Charles County, Maryland; thence following the Maryland shoreline of said river in a northeasterly direction to the confluence of Piscataway Creek in Prince Georges County, Maryland;

thence following the shoreline from Mockley Point and proceeding in a generally easterly direction along the south shore of Piscataway Creek to a point 250 feet to the west of the point where the westerly right-of-way line of Farmington Creek Road intersects the shoreline of Piscataway Creek; thence southeasterly along said line approximately 250 feet west of Farmington Creek Road approximately 800 feet; thence westerly generally following the 50-foot contour line to the southeasterly corner of the property of the Accokeek Foundation;

thence westerly along said boundary approximately 1,600 feet; thence southerly with said boundary line approximately 1,800 feet; thence northwesterly on said line approximately 2,200 feet; thence westerly along said line approximately 800 feet; thence generally westerly with the 50-foot contour line to the north side of a private road on the Alice Ferguson Foundation property; thence in a westerly direction along north side of said road to the southeasterly corner of Moyaone Association land;

thence with the boundary line of the Moyaone Association land approximately 900 feet northwesterly; thence with that line approximately 800 feet westerly; thence with that line approximately 500 feet southeasterly to its intersection with the right-of-way of Bryan’s Point Road; thence generally westerly with the northern right-of-way line of that road approximately 3,500 feet to its intersection with Cactus Hill Road;

thence northerly along the eastern right-of-way line of Bryan’s Point Road approximately 300 feet to the southwesterly property line of the Bryan’s Point Farm of the Accokeek Foundation; thence with the southerly boundary line of said property approximately 700 feet; thence with that line approximately 1,000 feet in a southerly direction; thence 1,700 feet in a westerly direction; thence following said boundary line along the easterly side of the area known as Johnson’s Gully to a point approximately 4,500 feet from the Potomac River;

thence northerly along said line to the 50-foot contour line; thence northerly along said line to its intersection with Prince Georges-Charles County line; thence in a westerly and southerly direction along the southerly boundary of the Accokeek Foundation lands; leaving the Accokeek Foundation land at a point approximately 2,200 feet from the Potomac River; thence approximately 300 feet in a westerly direction; thence north on a line parallel to and 300 feet from the boundary of the Accokeek Foundation land approximately 800 feet; thence approximately 2,200 feet in a northwesterly direction to the southeasterly comer of the Accokeek Foundation lands;

thence along the southerly border of said lands approximately 1,700 feet in a southwesterly direction to the southwest corner of said lands; thence approximately 1,400 feet to the intersection with the northerly right-of-way of Maryland State Route 227; thence with said right-of-way approximately 1,300 feet to the point of beginning, excluding all that land within the described area now leased and operated by the Marshall Hall Park, Inc., as more specifically described in a deed, recorded in the land records of Charles County, Maryland, in folio 126, liber 131. The property herein described is more particularly depicted on drawing numbered 1961–1, a copy of which is on file with the Secretary of the Interior.

Within the above-described area the Secretary shall not condemn improved residential property. As used herein “improved residential property” means a detached, one-family dwelling and structures accessory thereto, the construction of which was begun before May 1, 1961, which are used solely for noncommercial residential purposes, together with one acre of land on which the improvements are situated, or all of such lesser acreage as the owner may hold.

(c)

To further the preservation objective of this Act the Secretary

Donations of scenic easements.

may accept donations of scenic easements in that land within the described area now leased and operated by the Marshall Hall Park, Inc., as more specifically described in a deed, recorded in the land records of Charles County, Maryland, in folio 126, liber 131, and the area lying between the south boundary line depicted in drawing numbered 1961–1, referred to in section 2(b) and a line approximately 3,000 feet south of said boundary. The Secretary may also acquire by other appropriate means scenic easements in the area referred to in this subsection when, in his judgment, such action is necessary in order to assure uniform application of scenic control. To further

Agreements with property owners.

achieve the purpose of this Act he may cooperate and enter into agreements and covenants with property owners, groups thereof, and nonprofit organizations and may also cooperate with the State of Maryland and the political subdivisions thereof in order to promote and achieve scenic preservation through zoning and such other means as may be feasible.

Sec. 3.

Administration of lands.

Land and interests therein acquired pursuant to this Act shall be administered in accordance with the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 25, 1916 (39 Stat. 535), as amended and supplemented.

Sec. 4.

There are hereby authorized to be appropriated such sums, but not more than $937,600, to carry out the provisions of this Act.

Approved October 4, 1961.

Parsed from the official Statutes at Large USLM XML in 75.xml