I 

108TH CONGRESS 

1ST SESSION H. R. 2580

To establish the Congaree Swamp National Park in the State of South 

Carolina, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2003

Mr. CLYBURN introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To establish the Congaree Swamp National Park in the 

State of South Carolina, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congaree National 

5 Park Act of 2003’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Congaree Swamp National Monument, con9 sisting of 22,200 acres, was established in 1976 to 
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1 preserve the finest remaining example of an old2 growth southern hardwood forest in North America. 

3 (2) Congaree Swamp contains a variety of rare 

4 ecological, geological, archaeological, scenic, histor5 ical, and wildlife components, including—

6 (A) the largest remaining tract of old7 growth bottomland hardwood forest in the 

8 United States, the remnant of an ecosystem 

9 that once covered more than 24,000,000 acres 

10 of river bottom from Maryland to Texas; 

11 (B) extensive stands of old-growth bottom12 land hardwoods and rare examples of the glob13 ally endangered longleaf pine forest; 

14 (C) important habitat for more than 700 

15 species of plants, 173 species of birds, 51 kinds 

16 of reptiles and amphibians, and 53 species of 

17 fish (including rare, threatened, and endan18 gered species), and 10 species of rare plants; 

19 and 

20 (D) a natural setting of national and inter21 national significance. 

22 (3) The Monument—

23 (A) provides opportunities for educational 

24 and recreational activities and research; and 
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1 (B) is used for hiking, camping, fishing, 

2 and unconfined wilderness experiences (includ3 ing opportunities for solitude). 

4 (4) Certain private land adjacent to the Monu5 ment—

6 (A) has been determined by the State of 

7 South Carolina to contain outstanding rec8 reational areas and wildlife habitat; 

9 (B) provides essential habitat for declining 

10 species of fish, wildlife, and plants, including 

11 colonial waterbirds and neotropical migratory 

12 songbirds; and 

13 (C) contains a variety of archaeological 

14 and historical resources dating from 10,000 

15 years ago to the 19th century. 

16 (5) The Monument and adjacent private land 

17 contain cultural resources important for interpreting 

18 life during the Colonial and Antebellum periods, in19 cluding Buycke’s levee, which—

20 (A) served as a cattle mound and a refuge 

21 for livestock; and 

22 (B) has a doughnut-shaped construction, 

23 making it the only example of that type of con24 struction known to exist. 
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1 (6) Land in and adjacent to the Monument is 

2 recognized—

3 (A) as playing an important role in the 

4 history of the United States from the explo5 rations of Hernando de Soto to the fall of Co6 lumbia, South Carolina in the Civil War; 

7 (B) for offering natural, ecological, wild8 life, cultural, scenic, historic, wilderness, and 

9 recreational resources; and 

10 (C) as being a fragile and irreplaceable ec11 ological system that could be destroyed if not 

12 carefully protected. 

13 (b) PURPOSES.—The purposes of this Act are—

14 (1) to expand the boundary of the Monument 

15 by approximately 4,576 acres and redesignate the 

16 Monument as a national park to—

17 (A) protect and interpret an intact bottom18 land hardwood ecosystem; 

19 (B) promote the recovery of longleaf pine 

20 in upland habitats; 

21 (C) restore ecological functions; and 

22 (D) protect native populations of fish, 

23 wildlife, and plants; 

24 (2) to protect and interpret the site of 

25 McCord’s Ferry and other cultural features that il-
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1 lustrate the evolving agricultural and commercial 

2 practices in the South during the Colonial and Ante3 bellum periods; and 

4 (3) to provide opportunities for scientific re5 search and to enhance visitor opportunities at the 

6 Monument. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) MAP.—The term ‘‘map’’ means the map en10 titled ‘‘Congaree National Park Boundary Map’’, 

11 numbered 178/80015, and dated April 2003. 

12 (2) PARK.—The term ‘‘Park’’ means the Con13 garee National Park established by section 4(a). 

14 (3) PLAN.—The term ‘‘plan’’ means the general 

15 management plan developed under section 5(b). 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (5) STATE.—The term ‘‘State’’ means the State 

19 of South Carolina. 

20 SEC. 4. ESTABLISHMENT OF CONGAREE NATIONAL PARK. 

21 (a) ESTABLISHMENT.—There is established in the 

22 State the Congaree National Park. 

23 (b) COMPOSITION.—The Park shall be composed of—

24 (1) the Congaree Swamp National Monument; 

25 and 
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1 (2) approximately 4,576 acres of land adjacent 

2 to the Congaree Swamp National Monument, as de3 picted on the map. 

4 (c) BOUNDARY SURVEY.—As soon as practicable 

5 after the date of enactment of this Act and subject to the 

6 availability of funds, the Secretary shall complete an offi7 cial survey of the Park. 

8 (d) MAPAND LEGAL DESCRIPTION.—

9 (1) AVAILABILITY OF MAP.—The map shall be 

10 on file and available for public inspection in the ap11 propriate offices of the National Park Service. 

12 (2) SUBMISSION TO CONGRESS.—As soon as 

13 practicable after the date of enactment of this Act, 

14 the Secretary shall submit to the Committee on En15 ergy and Natural Resources of the Senate and the 

16 Committee on Resources of the House of Represent17 atives the map and a legal description of the Park. 

18 (3) EFFECT.—The map and legal description 

19 shall have the same force and effect as if included 

20 in this Act, except that the Secretary may correct 

21 any errors in the map or legal description. 

22 (e) ACQUISITION OF LAND.—The Secretary may ac23 quire by donation, purchase from a willing seller with do24 nated or appropriated funds, transfer, or exchange, land 

25 or an interest in land for inclusion in the Park. 
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1 (f) BOUNDARY REVISION.—

2 (1) IN GENERAL.—Subject to paragraph (2), 

3 the Secretary may make minor revisions to the 

4 boundary of the Park by publishing in the Federal 

5 Register a revised map or boundary description. 

6 (2) LIMITATION.—The total area of the Park 

7 shall not exceed 30,000 acres. 

8 SEC. 5. ADMINISTRATION. 

9 (a) IN GENERAL.—The Secretary shall administer 

10 the Park in accordance with this Act and the laws gen11 erally applicable to units of the National Park System, in12 cluding—

13 (1) the Act of August 25, 1916 (16 U.S.C. 1 

14 et seq.); and 

15 (2) the Act of August 21, 1935 (16 U.S.C. 461 

16 et seq.). 

17 (b) GENERAL MANAGEMENT PLAN.—

18 (1) IN GENERAL.—Not later than the end of 

19 the third fiscal year after the date on which funds 

20 are made available to carry out this Act, the Sec21 retary shall prepare a general management plan for 

22 the Park. 

23 (2) INCLUSIONS.—The plan shall include a rec24 ommendation on whether the boundary of the Con25 garee National Park Wilderness should be expanded. 
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1 (3) APPLICABLE LAW.—The Secretary shall 

2 prepare the plan in accordance with—

3 (A) section 12(b) of the Act of August 18, 

4 1970 (16 U.S.C. 1a–7(b)); and 

5 (B) any other applicable law. 

6 (4) SUBMISSION TO CONGRESS.—On completion 

7 of the plan, the Secretary shall submit to the Com8 mittee on Energy and Natural Resources of the Sen9 ate and the Committee on Resources of the House 

10 of Representatives the plan. 

11 (c) FISHING.—

12 (1) IN GENERAL.—The Secretary shall permit 

13 sport fishing on land and water within the Park in 

14 accordance with applicable Federal and State laws. 

15 (2) LIMITATIONS.—

16 (A) REGULATIONS.—The Secretary may 

17 designate by regulation areas in which, and pe18 riods during which, no fishing shall be per19 mitted for reasons of public safety, administra20 tion, fish or wildlife management, or public use 

21 and enjoyment of the Park. 

22 (B) CONSULTATION.—Except in an emer23 gency, the Secretary shall consult with the ap24 propriate State agency before promulgating reg25 ulations under subparagraph (A). 
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1 SEC. 6. DESIGNATION OF CONGAREE NATIONAL PARK WIL2 DERNESS. 

3 (a) IN GENERAL.—The Congaree Swamp National 

4 Monument Wilderness in the State shall be designated as 

5 the ‘‘Congaree National Park Wilderness’’. 

6 (b) REFERENCES.—Any reference to the Congaree 

7 Swamp National Monument Wilderness in a law (includ8 ing regulations), map, document, paper, or other record 

9 of the United States shall be considered to be a reference 

10 to the Congaree National Park Wilderness. 

11 SEC. 7. EFFECT. 

12 Nothing in this Act—

13 (1) affects the use of private land adjacent to 

14 the Park; or 

15 (2) preempts the authority of the State with re16 spect to the regulation of hunting, fishing, boating, 

17 and wildlife management on private land or water 

18 outside the boundaries of the Park. 

19 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act.

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