A bill to authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes.
PL 93-439 (H.R.11546), enacted 10/11/1974

1254 
PUBLIC LAW 93-439-OCT. 11, 1974 
[88 STAT. 
TITLE IV—SEX DISCRIMINATION 
SEX DISCRIMINATION PROHIBITED 
42 use 5891. 
g^^^ ^Q^ -^Q person shall on the ground of sex be excluded fi-om 
participation in, be denied a license under, be denied the benefits of, 
or be subjected to discrimination under any program or activity cai-ried 
on or receiving Federal assistance imder any title of this Act. Tliis 
provision will be enforced through agency provisions and rules similar 
to those already established, with respect to racial and other dis-
42 use 2oood. 
crimination, under title VI of the Civil Rights Act of 1964. However, 
this remedy is not exclusive and will not prejudice or cut o& any othei' 
legal remedies available to a discriminatee. 
Approved October 11, 1974. 
Public Law 93-439 
October 11, 1974 
AN ACT 
[H.R. 11546] 
rj,^ authorize the establishment of tlie Big Tliicket National Preserve in the 
State of Texas, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Na^ionli'P!^^- 
United States of America m Congress assembled^ That (a) in order to 
serve, Tex. 
assuTC the proservation, conservation, and protection of the natural, 
Establishment, sceulc, and red'eatioiial values of a significant portion of the Big 
Thicket area in the State of Texas and to provide for the enhancement 
and public enjoyment thereof, the Big Thicket National Pi-eserve is 
liei'eby established. 
M
a
p and^de-^ 
^j^^ ^he Big Tliickct Natloual Preserve (hereafter referred to as 
the "preserve") shall include the units generally depicted on the map 
entitled "Big Thicket National Preserve'", dated November 1978 and 
numbered NBR-BT 91,027 which shall be on file and available for 
public inspection in the offices of the National Park Service, Depart-
ment of the Interior, AVashington, District of Columbia, and shall be 
filed with appropriate offices of Tyler, Hardin, Jasper, Polk, Liberty, 
Publication in 
Jefl'erson, and Orange Counties in the State of Texas. The Secretary 
of the Interior (hereafter referred to as the "Secretary") shall, as soon 
as practicable, but no later than six months after the date of enactment 
of this Act, publish a detailed description of the boundaries of the pre-
serve in the Federal Register. In establishing such boundaries, the 
Secretary shall locate stream corridor unit boundaries referenced from 
the stream bank on each side thereof and he shall further make every 
reasonable effort to exclude from the units hereafter described any 
improved year-round I'esidential properties which he determines, in 
his discretion, are not necessary for the protection of the values of the 
area or for its proper administration. The preserve shall consist of the 
following units: 
Big Sandy Creek unit, Polk County, Texas, comprising appi'ox-
imately fourteen thousand three hundred acres; 
Federal Register. 
88 STAT.] 
PUBLIC LA\^ 93-439-OCT. 11, 1974 
1255 
Menard Creek Corridor unit, Polk, Hardin, and Liberty Coun-
ties, Texas, including a module at its confluence with the Ti'inity 
River, comprising approximately three thousand three hundred 
and fifty-nine acres; 
Hickory Creek Savannah unit, Tyler County, Texas, com-
prising approximately six hundred and sixty-eight acres; 
Turkey Creek unit, Tyler and Hardin Counties, Texas, com-
prising approxinuitely seven thousand eight hundred acres; 
Beech Creek unit, Tyler County, Texas, comprising approxi-
mately four thousand eight hundred and fifty-six acres; 
Upper Neches River corridor unit, Jasper, Tyler, and Hardin 
Counties, Texas, including the Sally Withers Addition, com-
prising approximately three thousand seven hundred and seventy-
five acres; 
Neches Bottom and Jack Gore Baygall unit, Hardin and Jasper 
Counties, Texas, comprising approximately thirteen thousand 
three hundred acres; 
Lower Neches River corridor unit, Hardin, Jasper, and Orange 
Counties, Texas, except for a one-mile segment on the east side 
of the river including the site of the papermill near Evadale, 
comprising approximately tw'o thousand six hundred acres; 
Beaumont unit. Orange, Hardin, and Jefferson Counties, Texas, 
comprising approximately six thousand tw'o hundred and eighteen 
acres; 
Loblolly unit. Liberty Coimty, Texas, comprising approxi-
mately five hundred and fifty acres; 
Little Pine Island-Pine Island Bayou corridor unit, Hardin and 
Jefferson Counties, Texas, comprising approximately two thou-
sand one hundred acres; and 
Lance Rosier Unit, Hardin County, Texas, comprising approxi-
mately twenty-five thousand and twenty-four acres, 
(c) The Secretary is authorized to acquire by donation, purchase tion!" '''"'"'^" 
with donated or appropriated funds, transfer from any other Federal 
agency, or exchange, any lands, waters, or interests therein which are 
located within the boundaries of the preserve: Provided^ That any 
lands owned or acquired by the State of Texas, or any of its political 
subdivisions, may be acquired by donation only. After notifying the ^"^^'^'^ '° '^°"-
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Committees on Interior and Insular Affairs of the United States Con- mittees. 
gress, in writing, of his intention to do so and of the reasons therefor, 
the Secretary may, if he finds that such lands would make a significant 
contribution to the purposes for which the preserve was created, accept 
title to any lands, or interests in lands, located outside of the bound-
aries of the preserve which the State of Texas or its political subdivi-
sions may acquire and offer to donate to the United States or which 
any private person, 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 after publishing notice to that effect in the Fe^e^a\''Re'°fsi",. 
Federal Register. Notwithstanding any other provision of law, any 
federally owned lands within the preserve shall, with the concurrence 
1256 
PUBLIC LAW 93-439-OCT. 11, 1974 
[88 STAT. 
of the head of the administering agency, be transferred to the adminis-
trative jurisdiction of the Secretary for the purposes of this Act, 
without transfer of funds. 
Acquisition 
SEC. 2. (a) Thc Secretary shall, immediately after thc pubHcatiou of 
"T6°usc°698a. 
^lie bouudarics of the preserve, commence negotiations for the acquisi-
tion of the lands located therein: Provided^ That he shall not acquire 
the mineral estate in any property or existing easements for public 
utilities, pipelines or railroads without the consent of the owner unless, 
in his judgment, he first determines that such property or estate is sub-
ject to, or threatened with, uses which are, or would be, detrimental to 
the purposes and objectives of this Act: Provided further^ That the 
Secretary, insofar as is reasonably possible, may avoid the acquisition 
of improved properties, as defined in this Act, and shall make every 
effort to minimize the acquisition of land where he finds it necessary to 
acquire properties containing improvements. 
Land acquisi- 
r^\ Withiu ouc year after the date of the enactment of this Act, 
tion plan, sub- 
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mittai to congres- the feccretary shall submit, m writing, to the (yommittee on Interior 
sionai com- 
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lusular Affalrs and to the Committees on Appropriations of the 
United States Congress a detailed plan which shall indicate: 
(i) the lands and areas which he deems essential to the protec-
tion and public enjoyment of this preserve, 
(ii) the lands which he has previously acquired by purchase, 
donation, exchange or transfer for administration for the purpose 
of this preserve, and 
(iii) the annual acquisition program (including the level of 
funding) which he recommends for the ensuing five fiscal years. 
da^eT^^*"'°" 
(c) It is the express intent of the Congress that the Secretary 
should substantially complete the land acquisition program contem-
plated by this Act within six years after the date of its enactment. 
erf.'^reunuon"' 
^EC. 3. (a) Thc owucr of au improved property on the date of its 
rights. 
acquisition by the Secretary may, as a condition of such acquisition, 
16 use 698b. 
retain for himself and his heirs and assigns a right of use and occu-
pancy of the improved property for noncommercial residential pur-
poses 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 or the death of 
his spouse, whichever is later. The owner shall elect the term to be 
reserved. Unless this property is wholly or partially donated to the 
United States, the Secretary shall pay the owner the fair market value 
of the property on the date of acquisition less the fair market value, 
on that date, of the right retained by the owner. A right retained pur-
suant to this section shall be subject to termination by the Secretary 
upon his determination that it is being exercised in a manner incon-
sistent with the purposes of this Act, and it shall terminate by opera-
tion of law upon the Secretary's notifying the holder of the right of 
such determination and tendering to him an amount equal to the fair 
market value of that portion of the right which remains unexpired. 
|nmproved prop- 
^{3^ ^g viscd ill tlus Act, the term "improved property" means a 
detached, one-family dwelling, 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 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) Whenever an owner of property elects to retain a right of use 
and occupancy as provided in this section, such owner shall be deemed 
to have waived any benefits or rights accruing under sections 203, 204, 
205, and 206 of the Uniform Relocation Assistance and Real Property 
erty 
88 STAT. ] 
PUBLIC LAW 93-439-OCT. 11, 1974 
1257 
42 use 4623-
4626. 
Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes 
of such sections such owner shall not be considered a displaced person 
as defined in section 101 (6) of such Act. 
^^ "^^ ^^'^^' 
SEC. 4. (a) The area within the boundaries depicted on the map 
fg'^usTeTsc!"" 
referred to in section 1 shall be known as the Big Thicket National 
Preserve. Such lands shall be administered by the Secretary as a unit 
of the National Park System in a manner which will assure their 
natural and ecological integrity in perpetuity in accordance with the 
provisions of this Act and with the provisions of the Act of August 25, 
1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. 
(b) In the interest of maintaining the ecological integrity of the faciiiti'es"c'on-
preserve, the Secretary shall limit the construction of roads, vehicular stmction umita-
campgrounds, employee housing, and other j^ublic use and administra- ^'°"" 
tive facilities and he shall promulgate and publish such rules and iafi"|fs^ '""biicf-" 
regulations in the Federal Register as he deems necessary and appro- tion in Federal 
priate to limit and control the use of, and activities on. Federal lands Register. 
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 as the Secretai-y determines must be limited 
or controlled in order to carry out the purposes of this Act. 
(c) The Secretary shall permit hunting, fishing, and trapping on . """^mg, fish-
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mg, and trapping. 
lands and waters under his jurisdiction within the preserve m accord-
ance with the applicable laws of the United States and the State 
of Texas, except that he may designate zones where and periods when, 
no hunting, fishing, 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, 
or trapping shall be put into effect only after consultation with the 
appropriate State agency having jurisdiction over hunting, fishing, 
and trapping activities. 
SEC. 5. Within five years from the date of enactment of this Act, 
Preserve re. 
the Secretary shall review^ the area within the preserve and shall Pre'IidTntr^ '° 
report to the President, in accordance with section 3 (c) and (d) of 
is use 698d. 
the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his 
recommendations as to the suitability or nonsuitability of any area 
within the preserve for preservation as wildei-ness, and any designa-
tion of any such areas as a wilderness shall be accomplished in accord-
ance with said subsections of the Wilderness Act. 
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SEC. 6. There are authorized to be appi'opriated such sums as may 
Appropriation. 
be necessary to carry out the provisions of this Act, but not to exceed 
^^ use 698e. 
$63,812,000 for the acquisition of lauds and interests in lands and 
not to exceed $7,000,000 for development. 
Approved October 11, 1974.