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(continued)
northwesterly, northeasterly, northerly, and easterly to the
easternmost corner of the reservation being near United States
Route 6;
thence leaving the said easternmost corner along an extension
of the southerly reservation boundary line easterly to the
northerly right-of-way line of United States Route 6;
thence along the northerly right-of-way line of United States
Route 6 in a general easterly direction crossing the
Truro-Provincetown line and continuing in the town of Truro in a
generally southeasterly direction to a point four-tenths of a
mile southeasterly of the southerly right-of-way line of Highland
Road;
thence easterly five-tenths of a mile to a point;
thence turning and running in a southeasterly direction
paralleling the general alinement of United States Route 6 and
generally distant therefrom five-tenths of a mile to a point
approximately 700 feet northwesterly of Long Nook Road;
thence southwesterly along a ridge generally paralleling the
alinement of Long Nook Road and distant approximately 700 feet
therefrom to a point two-tenths of a mile northeasterly of the
northerly right-of-way line of United States Route 6;
thence southeasterly paralleling the general alinement of
United States Route 6 and generally distant two-tenths of a mile
northeasterly thereof to a point 300 feet south of the southerly
right-of-way line of Higgins Hollow Road;
thence in a general easterly direction paralleling the
southerly alinement of Higgins Hollow Road and 300 feet distant
southerly therefrom to a point five-tenths of a mile east of the
easterly right-of-way line of said Route 6;
thence turning and running in a southeasterly and southerly
direction paralleling the general alinement of United States
Route 6 and distant five-tenths of a mile easterly therefrom to a
point 300 feet north of the northerly right-of-way line of North
Pamet Road;
thence in a generally southwesterly direction paralleling the
general alinement of North Pamet Road and generally distant 300
feet northerly therefrom to a point approximately two-tenths of a
mile east of the easterly right-of-way line of United States
Route 6;
thence in a southerly direction paralleling the alinement of
United States Route 6 and generally distant two-tenths of a mile
easterly therefrom to a point three-tenths of a mile south of
South Pamet Road;
thence west to the intersection of Old County Road and Mill
Pond Road;
thence following the easterly right-of-way line of Old County
Road southward to a point opposite the southerly right-of-way
line of Ryder Beach Road at its intersection with Old County
Road;
thence eastward to a point 300 feet east of the easterly
right-of-way line of said Old County Road;
thence in a southerly direction paralleling Old County Road at
a distance of 300 feet to the east of the easterly right-of-way
line of said road to a point 600 feet south of the southerly
right-of-way line of Prince Valley Road;
thence in a generally westerly direction, crossing Old County
Road and the New York, New Haven, and Hartford Railroad
right-of-way to the southern extremity of the town landing and
beach in the Ryder Beach area, and continuing to a point in Cape
Cod Bay a quarter of a mile offshore from the mean low-water line
of Cape Cod Bay;
thence turning and running along a line a quarter of a mile
offshore of and parallel to the mean low-water line of Cape Cod
Bay in a general southerly and easterly direction rounding Jeremy
Point and thence in a general northerly direction along a line a
quarter of a mile offshore of and parallel to the mean low-water
line on the westerly side of Wellfleet Harbor, to a point one
quarter of a mile due north of the mean low-water line at the
eastern tip of Great Island as depicted on the United States
Geological Survey Wellfleet quadrangle sheet (1958);
thence north to the mean high-water line on the north shore of
the Herring River estuary in the vicinity of its confluence with
Wellfleet Harbor;
thence following the mean high-water line southwesterly,
northwesterly, and northeasterly to the easterly right-of-way
line of Chequesset Neck Road at its crossing of Herring River;
thence following the course of Herring River along the 20-foot
contour line of the southeasterly shore thereof to a point near
Mill Creek;
thence crossing Mill Creek in a northeasterly direction to the
20-foot contour level near to and northeast of the confluence of
Mill Creek and Herring River;
thence following generally northerly and easterly along the
easterly edge of the Herring River marshes on the 20-foot contour
to a point north of which the easterly right-of-way line of a
medium duty road, as depicted on said Wellfleet quadrangle sheet,
crosses northward across a marshy stream near the juncture of
said medium duty road with Bound Brook Island Road;
thence crossing said marshy stream along said easterly
right-of-way line of said medium duty road, and continuing in a
northerly direction to the 20-foot contour level on the north
side of said marshy stream;
thence following the 20-foot contour line westward
approximately 1,000 feet to its intersection with an unimproved
dirt road, as depicted on said Wellfleet quadrangle sheet,
leading from a point near the juncture of Bound Brook Island Road
and the said medium duty road;
thence following said unimproved dirt road northwesterly for
approximately 1,600 feet to the 20-foot contour line bordering
the southerly edge of the Herring River marshes;
thence following said 20-foot contour line in an easterly
direction to Route 6;
thence crossing Route 6 and continuing to a point on the
easterly right-of-way line of a power transmission line as
depicted on said Wellfleet quadrangle sheet;
thence in a general southerly direction along the said easterly
right-of-way line of a power transmission line to the
Eastham-Wellfleet town line;
thence southeasterly for a distance of approximately 5,200 feet
to a point due north of the intersection of the easterly
right-of-way line of Nauset Road with the northerly right-of-way
line of Cable Road;
thence due south to the intersection of the said easterly
right-of-way line of Nauset Road and the said northerly
right-of-way line of Cable Road;
thence in a general southerly direction crossing Cable Road and
along said easterly right-of-way line of Nauset Road to a point
500 feet north of the northerly right-of-way line of Doane Road
and its intersection with Nauset Road;
thence west to a point 500 feet west of the westerly
right-of-way line of Nauset Road;
thence southerly and westerly 500 feet from and parallel to the
said right-of-way line of Nauset Road to the easterly
right-of-way line of Salt Pond Road;
thence southerly along the easterly right-of-way line of said
Salt Pond Road to its intersection with the southerly
right-of-way line of Nauset Road;
thence westerly along the southerly right-of-way line of Nauset
Road to its intersection with the easterly right-of-way line of
United States Route 6;
thence southerly along the easterly right-of-way line of said
Route 6 a distance of about four-tenths of a mile to the
northerly boundary of the Eastham town hall property;
thence easterly to a point one-tenth of a mile from United
States Route 6;
thence turning and running in a generally southerly direction
paralleling the general alinement of United States Route 6 and
generally distant therefrom one-tenth of a mile to a small stream
approximately one-tenth of a mile beyond Governor Prence Road
extended;
thence southeasterly along the said stream to the
Orleans-Eastham town line;
thence along the Orleans-Eastham town line to the southerly tip
of Stony Island;
thence generally southeasterly in the town of Orleans by Nauset
Harbor Channel to a point due north of the northerly tip of
Nauset Heights as depicted on United States Geological Survey
Orleans quadrangle sheet (1946);
thence due south to the 20-foot contour line in Nauset Heights
as delineated on the said Orleans quadrangle sheet;
thence generally southerly along the said 20-foot contour to a
point about one-tenth of a mile northerly of Beach Road;
thence southwesterly along a line intersecting Beach Road at a
point two-tenths of a mile easterly of the so-called Nauset Road
leading northerly to Nauset Heights;
thence southerly to a head of a tributary to Little Pleasant
Bay at the northerly tip of Pochet Neck as depicted on the said
Orleans quadrangle sheet;
thence generally southerly along the thread of channel of the
said tributary passing westerly and southwesterly around Pochet
Island and thence southwesterly into Little Pleasant Bay passing
to westerly of the northerly tip of Sampson Island, the westerly
tip of Money Head, and the southwesterly tip of Hog Island
following in general the centerline of Little Pleasant Bay to
Pleasant Bay;
thence generally southeasterly in Pleasant Bay along a line
passing midway between Sipson Island and Nauset Beach to a point
on the Chatham-Orleans town line one-quarter of a mile westerly
of the mean low-water line of Pleasant Bay on the westerly shore
of Nauset Beach;
thence generally southerly in Pleasant Bay in the town of
Chatham along a line a quarter of a mile offshore of and parallel
to the said mean low-water line of Pleasant Bay on the westerly
shore of Nauset Beach to a point a quarter of a mile south of the
mean low-water line of the southern tip of Nauset Beach;
thence easterly rounding the southern tip of Nauset Beach along
a line a quarter of a mile offshore of and parallel thereto;
thence generally northerly and northwesterly, and westerly
along a line a quarter of a mile offshore of and parallel to the
mean low-water line of the Atlantic Ocean on the easterly shore
of Nauset Beach and on to the outer cape to the point of
beginning.

-SOURCE-
(Pub. L. 87-126, Sec. 1, Aug. 7, 1961, 75 Stat. 284.)


-MISC1-
SEPARABILITY
Section 10 of Pub. L. 87-126 provided that: "If any provision of
this Act [sections 459b to 459b-8 of this title] or the application
of such provision to any person or circumstance is held invalid,
the remainder of this Act [such sections] or the application of
such provision to persons or circumstances other than those to
which it is held invalid shall not be affected thereby."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1 to 459b-8 of this
title.

-End-



-CITE-
16 USC Sec. 459b-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-1. Acquisition of property

-STATUTE-
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative
jurisdiction of Secretary
The Secretary of the Interior (hereinafter referred to as
"Secretary") is authorized to acquire by purchase, gift,
condemnation, transfer from any Federal agency, exchange, or
otherwise, the land, waters, and other property, and improvements
thereon and any interest therein, within the area which is
described in section 459b of this title or which lies within the
boundaries of the seashore as described pursuant to section 459b-2
of this title (both together hereinafter in sections 459b to 459b-8
of this title referred to as "such area"). Any property, or
interest therein, owned by the Commonwealth of Massachusetts, by
any of the towns referred to in section 459b of this title, or by
any other political subdivision of said Commonwealth may be
acquired only with the concurrence of such owner. Notwithstanding
any other provision of law, any Federal property located within
such area may, with the concurrence of the agency having custody
thereof, be transferred without consideration to the administrative
jurisdiction of the Secretary for use by him in carrying out the
provisions of sections 459b to 459b-8 of this title.
(b) Use of funds; fair market value
The Secretary is authorized (1) to use donated and appropriated
funds in making acquisitions under sections 459b to 459b-8 of this
title, and (2) to pay therefor not more than the fair market value
of any acquisitions which he makes by purchase under sections 459b
to 459b-8 of this title.
(c) Exchange of property; cash equalization payments; reports to
Congress
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located
within such area and convey to the grantor of such property any
federally owned property under the jurisdiction of the Secretary
within such area. The properties so exchanged shall be
approximately equal in fair market value: Provided, That the
Secretary may accept cash from or pay cash to the grantor in such
an exchange in order to equalize the values of the properties
exchanged.
The Secretary shall report to the Congress on every exchange
carried out under authority of sections 459b to 459b-8 of this
title within thirty days from its consummation, and each such
report shall include a statement of the fair market values of the
properties involved and of any cash equalization payment made or
received.
(d) Exchange of property; addition to Cape Cod National Seashore
The Secretary may convey to the town of Provincetown,
Massachusetts, a parcel of real property consisting of
approximately 7.62 acres of Federal land within such area in
exchange for approximately 11.157 acres of land outside of such
area, as depicted on the map entitled "Cape Cod National Seashore
Boundary Revision Map", dated May, 1997, and numbered 609/80,801,
to allow for the establishment of a municipal facility to serve the
town that is restricted to solid waste transfer and recycling
facilities and for other municipal activities that are compatible
with National Park Service laws and regulations. Upon completion of
the exchange, the Secretary shall modify the boundary of the Cape
Cod National Seashore to include the land that has been added.
(e) "Fair market value" defined; appraisal
As used in sections 459b to 459b-8 of this title the term "fair
market value" shall mean the fair market value as determined by the
Secretary, who may in his discretion base his determination on an
independent appraisal obtained by him.

-SOURCE-
(Pub. L. 87-126, Sec. 2, Aug. 7, 1961, 75 Stat. 287; Pub. L.
105-280, Sec. 1(a), Oct. 26, 1998, 112 Stat. 2694.)


-MISC1-
AMENDMENTS
1998 - Subsecs. (d), (e). Pub. L. 105-280 added subsec. (d) and
redesignated former subsec. (d) as (e).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-2 to 459b-8 of this
title.

-End-



-CITE-
16 USC Sec. 459b-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-2. Establishment

-STATUTE-
(a) Notice in Federal Register
As soon as practicable after August 7, 1961, and following the
acquisition by the Secretary of an acreage in the area described in
section 459b of this title that its in the opinion of the Secretary
efficiently administrable to carry out the purposes of sections
459b to 459b-8 of this title, the Secretary shall establish Cape
Cod National Seashore by the publication of notice thereof in the
Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of this section shall
contain a detailed description of the boundaries of the seashore
which shall encompass an area as nearly as practicable identical to
the area described in section 459b of this title. The Secretary
shall forthwith after the date of publication of such notice in the
Federal Register (1) send a copy of such notice, together with a
map showing such boundaries, by registered or certified mail to the
Governor of the Commonwealth of Massachusetts and to the board of
selectmen of each of the towns referred to in section 459b of this
title; (2) cause a copy of such notice and map to be published in
one or more newspapers which circulate in each of such towns; and
(3) cause a certified copy of such notice, a copy of such map, and
a copy of sections 459b to 459b-8 of this title to be recorded at
the registry of deeds for Barnstable County, Massachusetts.

-SOURCE-
(Pub. L. 87-126, Sec. 3, Aug. 7, 1961, 75 Stat. 288.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1, 459b-3 to 459b-8
of this title.

-End-



-CITE-
16 USC Sec. 459b-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-3. Acquisition by condemnation

-STATUTE-
(a) Right of use and occupancy for residential purposes for life or
fixed term of years; exercise of right of election; impairment of
interests of lienholders, etc.; right as running with land;
transfer, assignment and termination of right; computation of
compensation
(1) The beneficial owner or owners, not being a corporation, of a
freehold interest in improved property which the Secretary acquires
by condemnation may elect, as a condition to such acquisition, to
retain the right of use and occupancy of the said property for
noncommercial residential purposes for a term of twenty-five years,
or for such lesser time as the said owner or owners may elect at
the time of such acquisition.
(2) The beneficial owner or owners, not being a corporation, of a
freehold estate in improved property which property the Secretary
acquires by condemnation, who held, on September 1, 1959, with
respect to such property, an estate of the same nature and quality,
may elect, as an alternative and not in addition to whatever right
of election he or they might have under paragraph (1) of this
subsection, to retain the right of use and occupancy of the said
property for noncommercial residential purposes (i) for a term
limited by the nature and quality of his or their said estate, if
his or their said estate is a life estate or an estate pur auter
vie, or (ii) for a term ending at the death of such owner or
owners, or at the death of the survivor of them, if his or their
said estate is an estate of fee simple.
(3) Where such property is held by a natural person or persons
for his or their own life or lives or for the life or lives of
another or others (such person or persons being hereinafter called
"the life tenant"), with remainder in another or others, any right
of election provided for in paragraph (2) of this subsection shall
be exercised by the life tenant, and any right of election provided
for in paragraph (1) of this subsection shall be exercised by the
concurrence of the life tenant and the remainderman or
remaindermen.
(4) The beneficial owner or owners of a term of years in improved
property which the Secretary acquires by condemnation may elect, as
a condition to such acquisition, to retain the right of use and
occupancy of the said property for noncommercial residential
purposes for a term not to exceed the remainder of his or their
said term of years, or a term of twenty-five years, whichever shall
be the lesser. The owner or owners of the freehold estate or
estates in such property may, subject to the right provided for in
the preceding sentence, exercise such right or rights of election
as remain to them under paragraphs (1) and (2) of this subsection.
(5) No right of election accorded by paragraphs (1), (2), or (4)
of this subsection shall be exercised to impair substantially the
interests of holders of encumbrances, liens, assessments, or other
charges upon or against the property.
(6) Any right or rights of use and occupancy retained pursuant to
paragraphs (1), (2), and (4) of this subsection shall be held to
run with the land, and may be freely transferred and assigned.
(7) In any case where a right of use and occupancy for life or
for a fixed term of years is retained as provided in paragraph (1),
(2), or (4) of this subsection, the compensation paid by the
Secretary for the property shall not exceed the fair market value
of the property on the date of its acquisition by the Secretary,
less the fair market value on such date of the said right retained.
(8) The Secretary shall have authority to terminate any right of
use and occupancy of property, retained as provided in paragraph
(1), (2), or (4) of this subsection, at any time after the date
when any use occurs with respect to such property which fails to
conform or is in any manner opposed to or inconsistent with any
applicable standard contained in regulations issued pursuant to
section 459b-4 of this title and in effect on said date: Provided,
That no use which is in conformity with the provisions of a zoning
bylaw approved in accordance with said section 459b-4 which is in
force and applicable to such property shall be held to fail to
conform or be opposed to or inconsistent with any such standard. In
the event that the Secretary exercises the authority conferred by
this paragraph, he shall pay to the owner of the right so
terminated an amount equal to the fair market value of the portion
of said right which remained on the date of termination.
(b) Suspension of authority for one year and during existence of
zoning regulations
(1) The Secretary's authority to acquire property by condemnation
shall be suspended with respect to all improved property located
within such area in all of the towns referred to in section 459b of
this title for one year following August 7, 1961.
(2) Thereafter such authority shall be suspended with respect to
all improved property located within such area in any one of such
towns during all times when such town shall have in force and
applicable to such property a duly adopted, valid zoning bylaw
approved by the Secretary in accordance with the provisions of
section 459b-4 of this title.
(c) Suspension of authority respecting property used for commercial
or industrial purposes
The Secretary's authority to acquire property by condemnation
shall be suspended with respect to any particular property which is
used for commercial or industrial purposes during any periods when
such use is permitted by the Secretary and during the pendency of
the first application for such permission made to the Secretary
after August 7, 1961 provided such application is made not later
than the date of establishment of the seashore.
(d) "Improved property" defined
The term "improved property," wherever used in sections 459b to
459b-8 of this title, shall mean a detached, one-family dwelling
the construction of which was begun before September 1, 1959
(hereinafter referred to as "dwelling"), together with so much of
the land on which the dwelling is situated, the said land being in
the same ownership as the dwelling, as the Secretary shall
designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated. The amount of the land so
designated shall in every case be at least three acres in area, or
all of such lesser amount as may be held in the same ownership as
the dwelling, and in making such designation the Secretary shall
take into account the manner of noncommercial residential use in
which the dwelling and land have customarily been enjoyed:
Provided, however, That the Secretary may exclude from the land so
designated any beach or waters, together with so much of the land
adjoining such beach or waters as the Secretary may deem necessary
for public access thereto.
(e) Acquisition of clear, marketable and encumbrance-free title
Nothing in this section or elsewhere in sections 459b to 459b-8
of this title shall be construed to prohibit the use of
condemnation as a means of acquiring a clear and marketable title,
free of any and all encumbrances.

-SOURCE-
(Pub. L. 87-126, Sec. 4, Aug. 7, 1961, 75 Stat. 288.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1, 459b-2, 459b-4 to
459b-8 of this title.

-End-



-CITE-
16 USC Sec. 459b-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-4. Zoning regulations

-STATUTE-
(a) Standards for approval; submission to Congress and
municipalities; publication in Federal Register; approval of
local bylaws; revocation of approval
As soon after August 7, 1961, as may be practicable, the
Secretary shall issue regulations specifying standards for approval
by him of zoning bylaws for purposes of section 459b-3 of this
title. The Secretary may issue amended regulations specifying
standards for approval by him of zoning bylaws whenever he shall
consider such amended regulations to be desirable due to changed or
unforeseen conditions.
All regulations and amended regulations proposed to be issued
under authority of the two preceding sentences of this subsection
shall be submitted to the Congress and to the towns named in
section 459b of this title at least ninety calendar days (which
ninety days, however, shall not include days on which either the
House of Representatives or the Senate is not in session because of
an adjournment of more than three calendar days to a day certain)
before they become effective and the Secretary shall, before
promulgating any such proposed regulations or amended regulations
in final form, take due account of any suggestions for their
modification which he may receive during said ninety-day period.
All such regulations and amended regulations shall, both in their
proposed form and in their final form, be published in the Federal
Register.
The Secretary shall approve any zoning bylaw and any amendment to
any approved zoning bylaws submitted to him which conforms to the
standards contained in the regulations in effect at the time of the
adoption by the town of such bylaw or such amendment unless before
the time of adoption he has submitted to the Congress and the towns
and published in the Federal Register as aforesaid proposed amended
regulations with which the bylaw or amendment would not be in
conformity, in which case he may withhold his approval pending
completion of the review and final publication provided for in this
subsection and shall thereafter approve the bylaw or amendment only
if it is in conformity with the amended regulations in their final
form. Such approval shall not be withdrawn or revoked, nor shall
its effect be altered for purposes of section 459b-3 of this title
by issuance of any such amended regulations after the date of such
approval, so long as such bylaw or such amendment remains in effect
as approved.
(b) Commercial and industrial use prohibition; acreage, frontage,
setback and miscellaneous requirements
The standards specified in such regulations and amended
regulations for approval of any zoning bylaw or zoning bylaw
amendment shall contribute to the effect of (1) prohibiting the
commercial and industrial use, other than any commercial or
industrial use which is permitted by the Secretary, of all property
within the boundaries of the seashore which is situated within the
town adopting such bylaw; and (2) promoting the preservation and
development, in accordance with the purposes of sections 459b to
459b-8 of this title, of the area comprising the seashore, by means
of acreage, frontage, and setback requirements and other provisions
which may be required by such regulations to be included in a
zoning bylaw consistent with the laws of Massachusetts.
(c) Adverse provisions and absence of notice for variance as
requiring disapproval of local bylaws
No zoning bylaw or amendment of a zoning bylaw shall be approved
by the Secretary which (1) contains any provision which he may
consider adverse to the preservation and development, in accordance
with the purposes of sections 459b to 459b-8 of this title, of the
area comprising the seashore, or (2) fails to have the effect of
providing that the Secretary shall receive notice of any variance
granted under and any exception made to the application of such
bylaw or amendment.
(d) Termination of suspension of authority for acquisition by
condemnation because of nonconforming variances and uses;
agreements concerning exercise of authority
If any improved property with respect to which the Secretary's
authority to acquire by condemnation has been suspended by reason
of the adoption and approval, in accordance with the foregoing
provisions of this section, of a zoning bylaw applicable to such
property (hereinafter referred to as "such bylaw") -
(1) is made the subject of a variance under or an exception to
such bylaw, which variance or exception fails to conform or is in
any manner opposed to or inconsistent with any applicable
standard contained in the regulations issued pursuant to this
section and in effect at the time of the passage of such bylaw,
or
(2) is property upon or with respect to which there occurs any
use, commencing after the date of the publication by the
Secretary of such regulations, which fails to conform or is in
any manner opposed to or inconsistent with any applicable
standard contained in such regulations (but no use which is in
conformity with the provisions of such bylaw shall be held to
fail to conform or be opposed to or inconsistent with any such
standard),

the Secretary may, at any time and in his discretion, terminate the
suspension of his authority to acquire such improved property by
condemnation: Provided, however, That the Secretary may agree with
the owner or owners of such property to refrain from the exercise
of the said authority during such time and upon such terms and
conditions as the Secretary may deem to be in the best interests of
the development and preservation of the seashore.

-SOURCE-
(Pub. L. 87-126, Sec. 5, Aug. 7, 1961, 75 Stat. 290.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1 to 459b-3, 459b-5
to 459b-8 of this title.

-End-



-CITE-
16 USC Sec. 459b-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-5. Certificate of suspension of authority for acquisition
by condemnation

-STATUTE-
The Secretary shall furnish to any party in interest requesting
the same, a certificate indicating, with respect to any property
located within the seashore as to which the Secretary's authority
to acquire such property by condemnation has been suspended in
accordance with the provisions of sections 459b to 459b-8 of this
title, that such authority has been so suspended and the reasons
therefor.

-SOURCE-
(Pub. L. 87-126, Sec. 6, Aug. 7, 1961, 75 Stat. 291.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1 to 459b-4, 459b-6
to 459b-8 of this title.

-End-



-CITE-
16 USC Sec. 459b-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-6. Administration of acquired property

-STATUTE-
(a) Utilization of authority for conservation and management of
natural resources
Except as otherwise provided in sections 459b to 459b-8 of this
title, the property acquired by the Secretary under such sections
shall be administered by the Secretary subject to the provisions of
sections 1, 2, 3, and 4 of this title, as amended and supplemented,
and in accordance with laws of general application relating to the
national park system as defined by sections 1b to 1d of this title;
except that authority otherwise available to the Secretary for the
conservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of
sections 459b to 459b-8 of this title.
(b) Preservation of seashore; incompatible visitor conveniences
restricted; provisions for public enjoyment and understanding;
developments for recreational activities; public use areas
(1) In order that the seashore shall be permanently preserved in
its present state, no development or plan for the convenience of
visitors shall be undertaken therein which would be incompatible
with the preservation of the unique flora and fauna or the
physiographic conditions now prevailing or with the preservation of
such historic sites and structures as the Secretary may designate:
Provided, That the Secretary may provide for the public enjoyment
and understanding of the unique natural, historic, and scientific
features of Cape Cod within the seashore by establishing such
trails, observation points, and exhibits and providing such
services as he may deem desirable for such public enjoyment and
understanding: Provided further, That the Secretary may develop for
appropriate public uses such portions of the seashore as he deems
especially adaptable for camping, swimming, boating, sailing,
hunting, fishing, the appreciation of historic sites and structures
and natural features of Cape Cod, and other activities of similar
nature.
(2) In developing the seashore the Secretary shall provide public
use areas in such places and manner as he determines will not
diminish for its owners or occupants the value or enjoyment of any
improved property located within the seashore.
(c) Hunting and fishing regulations; navigation
The Secretary may permit hunting and fishing, including
shellfishing, on lands and waters under his jurisdiction within the
seashore in such areas and under such regulations as he may
prescribe during open seasons prescribed by applicable local, State
and Federal law. The Secretary shall consult with officials of the
Commonwealth of Massachusetts and any political subdivision thereof
who have jurisdiction of hunting and fishing, including
shellfishing, prior to the issuance of any such regulations, and
the Secretary is authorized to enter into cooperative arrangements
with such officials regarding such hunting and fishing, including
shellfishing, as he may deem desirable, except that the Secretary
shall leave all aspects of the propagation and taking of shellfish
to the towns referred to in section 459b of this title.
The Secretary shall not interfere with navigation of waters
within the boundaries of the Cape Cod National Seashore by such
means and in such areas as is now customary.

-SOURCE-
(Pub. L. 87-126, Sec. 7, Aug. 7, 1961, 75 Stat. 291.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1 to 459b-5, 459b-7,
459b-8 of this title.

-End-



-CITE-
16 USC Sec. 459b-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-7. Cape Cod National Seashore Advisory Commission

-STATUTE-
(a) Establishment; termination
There is established a Cape Cod National Seashore Advisory
Commission (hereinafter referred to as the "Commission"). The
Commission shall terminate September 26, 2008.
(b) Membership; term
The Commission shall be composed of ten members each appointed
for a term of two years by the Secretary as follows:
(1) Six members to be appointed from recommendations made by
each of the boards of selectmen of the towns referred to in
section 459b of this title, one member from the recommendations
made by each such board;
(2) One member to be appointed from recommendations of the
county commissioners of Barnstable County, Commonwealth of
Massachusetts;
(3) Two members to be appointed from recommendations of the
Governor of the Commonwealth of Massachusetts; and
(4) One member to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any
vacancy in the Commission shall be filled in the same manner in
which the original appointment was made.
(d) Compensation and expenses
A member of the Commission shall serve without compensation as
such. The Secretary is authorized to pay the expenses reasonably
incurred by the Commission in carrying out its responsibilities
under sections 459b to 459b-8 of this title upon vouchers signed by
the Chairman.
(e) Majority vote
The Commission established by this section shall act and advise
by affirmative vote of a majority of the members thereof.
(f) Consultation of Secretary with Commission
The Secretary or his designee shall, from time to time, consult
with the members of the Commission with respect to matters relating
to the development of Cape Cod National Seashore and shall consult
with the members with respect to carrying out the provisions of
sections 459b-3 and 459b-4 of this title.
(g) Advice of Commission for commercial or industrial use permits
and establishment of public use areas for recreational activities
No permit for the commercial or industrial use of property
located within the seashore shall be issued by the Secretary, nor
shall any public use area for recreational activity be established
by the Secretary within the seashore, without the advice of the
Commission, if such advice is submitted within a reasonable time
after it is sought.
(h) Exemption from other provisions of law
(1) Any member of the Advisory Commission appointed under
sections 459b to 459b-8 of this title shall be exempted, with
respect to such appointment, from the operation of sections 281,
283, 284, and 1914 of title 18 and section 190 of the Revised
Statutes (5 U.S.C. 99) (!1) except as otherwise specified in
paragraph (2) of this subsection.

(2) The exemption granted by paragraph (1) of this subsection
shall not extend -
(i) to the receipt or payment of salary in connection with the
appointee's Government service from any sources other than the
private employer of the appointee at the time of his appointment;
or
(ii) during the period of such appointment, and the further
period of two years after the termination thereof, to the
prosecution or participation in the prosecution, by any person so
appointed, of any claim against the Government involving any
matter concerning which the appointee had any responsibility
arising out of his appointment during the period of such
appointment.

-SOURCE-
(Pub. L. 87-126, Sec. 8, Aug. 7, 1961, 75 Stat. 292; Pub. L.
99-420, title II, Sec. 201, Sept. 25, 1986, 100 Stat. 960; Pub. L.
105-280, Sec. 1(b), Oct. 26, 1998, 112 Stat. 2694.)

-REFTEXT-
REFERENCES IN TEXT
Sections 281, 283, 284, and 1914 of title 18, referred to in
subsec. (h)(1), were repealed by Pub. L. 87-849, Sec. 2, Oct. 23,
1962, 76 Stat. 1126, "except as they [sections 281 and 283] may
apply to retired officers of the armed forces of the United
States", and were supplanted by sections 203, 205, 207, and 209,
respectively, of Title 18, Crimes and Criminal Procedure. For
further details, see Exemptions note set out under section 203 of
Title 18.
Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in
subsec. (h)(1), was repealed by Pub. L. 87-849, Sec. 3, Oct. 23,
1962, 76 Stat. 1126. See section 207 of Title 18.


-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-280 substituted "The Commission
shall terminate September 26, 2008." for "Said Commission shall
terminate 30 years after the date the seashore is established under
section 459b-2 of this title."
1986 - Subsec. (a). Pub. L. 99-420 substituted "30 years" for
"ten years".

REESTABLISHMENT AND EXTENSION OF COMMISSION
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 731, provided:
"That the Cape Cod National Seashore Advisory Commission
established under section 8(a) of the Act of August 7, 1961 (Public
Law 87-126; 75 Stat. 292) [16 U.S.C. 459b-7(a)] is reestablished
and extended through February 28, 1996".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1 to 459b-6, 459b-8
of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 459b-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459b-8. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 459b to 459b-8 of
this title; except that no more than $42,917,575 shall be
appropriated for the acquisition of land and waters and
improvements thereon, and interests therein, and incidental costs
relating thereto, in accordance with the provisions of such
sections.

-SOURCE-
(Pub. L. 87-126, Sec. 9, Aug. 7, 1961, 75 Stat. 293; Pub. L.
91-252, May 14, 1970, 84 Stat. 216; Pub. L. 98-141, Sec. 3, Oct.
31, 1983, 97 Stat. 909.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-141 substituted "$42,917,575" for
"$33,500,000".
1970 - Pub. L. 91-252 substituted "$33,500,000" for
"$16,000,000".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459b-1 to 459b-7 of this
title.

-End-



-CITE-
16 USC Sec. 459c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459c. Point Reyes National Seashore; purposes; authorization
for establishment

-STATUTE-
In order to save and preserve, for purposes of public recreation,
benefit, and inspiration, a portion of the diminishing seashore of
the United States that remains undeveloped, the Secretary of the
Interior (hereinafter referred to as the "Secretary") is authorized
to take appropriate action in the public interest toward the
establishment of the national seashore set forth in section 459c-1
of this title.

-SOURCE-
(Pub. L. 87-657, Sec. 1, Sept. 13, 1962, 76 Stat. 538.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-2, 459c-4, 459c-5,
459c-6, 459c-6b, 459c-7 of this title.

-End-



-CITE-
16 USC Sec. 459c-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS

-HEAD-
Sec. 459c-1. Description of area

-STATUTE-
(a) Boundary map; availability; publication in Federal Register
The Point Reyes National Seashore shall consist of the lands,
waters, and submerged lands generally depicted on the map entitled
"Boundary Map, Point Reyes National Seashore", numbered
612-80,008-E and dated May 1978, plus those areas depicted on the
map entitled "Point Reyes and GGNRA Amendments, dated October 25,
1979".
The map referred to in this section shall be on file and
available for public inspection in the Offices of the National Park
Service, Department of the Interior, Washington, District of
Columbia. After advising the Committee on Natural Resources of the
United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate in writing, the
Secretary may make minor revisions of the boundaries of the Point
Reyes National Seashore when necessary by publication of a revised
drawing or other boundary description in the Federal Register.
(b) Bear Valley Ranch right-of-way
The area referred to in subsection (a) of this section shall also
include a right-of-way to the aforesaid tract in the general
vicinity of the northwesterly portion of the property known as
"Bear Valley Ranch", to be selected by the Secretary, of not more
than four hundred feet in width, together with such adjoining lands
as would be deprived of access by reason of the acquisition of such
right-of-way.

-SOURCE-
(Pub. L. 87-657, Sec. 2, Sept. 13, 1962, 76 Stat. 538; Pub. L.
89-666, Sec. 1(a), Oct. 15, 1966, 80 Stat. 919; Pub. L. 93-550,
title II, Sec. 201, Dec. 26, 1974, 88 Stat. 1744; Pub. L. 95-625,
title III, Sec. 318(a), Nov. 10, 1978, 92 Stat. 3486; Pub. L.
96-199, title I, Sec. 101(a)(1), Mar. 5, 1980, 94 Stat. 67; Pub. L.
103-437, Sec. 6(d)(16), Nov. 2, 1994, 108 Stat. 4584.)


-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1980 - Subsec. (a). Pub. L. 96-199 inserted ", plus those areas
depicted on the map entitled 'Point Reyes and GGNRA Amendments,
dated October 25, 1979' " after "dated May 1978".
1978 - Subsec. (a). Pub. L. 95-625 substituted as a description
of the area the lands generally depicted on Boundary Map numbered
612-80,008-E and dated May 1978 for prior such depiction on
Boundary Map numbered 612-80,008-B, and dated August 1974; included
submerged lands in the description; made the map specifically
available in the Washington, District of Columbia, Office; and
authorized minor revisions of boundaries and publication thereof in
the Federal Register after advising Congressional committees.
1974- Subsec. (a). Pub. L. 93-550 substituted as a boundary (continued)