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(continued)
description Boundary Map No. 612-80,008-B, and dated August 1974,
on file in the office of the National Park Service, Department of
the Interior, for a boundary map designated NS-PR-7001, dated June
1, 1960, on file with the Director of the National Park Service,
Washington, D.C., and all measurements relating thereto.
1966 - Subsec. (b). Pub. L. 89-666 inserted "to the aforesaid
tract in the general vicinity of the northwesterly portion of the
property known as 'Bear Valley Ranch' " after "right-of-way",
struck out "from the intersection of Sir Francis Drake Boulevard
and Haggerty Gulch" after "aforesaid tract" and included such
adjoining lands as would be deprived of access by reason of the
right-of-way.
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c, 459c-2, 459c-4,
459c-5, 459c-6, 459c-6b, 459c-7 of this title.
-End-
-CITE-
16 USC Sec. 459c-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. 459c-2. Acquisition of property
-STATUTE-
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative
jurisdiction of Secretary; liability of United States under
contracts contingent on appropriations
The Secretary is authorized to acquire, and it is the intent of
Congress that he shall acquire as rapidly as appropriated funds
become available for this purpose or as such acquisition can be
accomplished by donation or with donated funds or by transfer,
exchange, or otherwise the lands, waters, and other property, and
improvements thereon and any interest therein, within the areas
described in section 459c-1 of this title or which lie within the
boundaries of the seashore as established under section 459c-4 of
this title (hereinafter referred to as "such area"). Any property,
or interest therein, owned by a State or political subdivision
thereof 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 459c to 459c-7 of this
title. In exercising his authority to acquire property in
accordance with the provisions of this subsection, the Secretary
may enter into contracts requiring the expenditure, when
appropriated, of funds authorized by section 459c-7 of this title,
but the liability of the United States under any such contract
shall be contingent on the appropriation of funds sufficient to
fulfill the obligations thereby incurred.
(b) Payment for acquisition; fair market value
The Secretary is authorized to pay for any acquisitions which he
makes by purchase under sections 459c to 459c-7 of this title their
fair market value, as determined by the Secretary, who may in his
discretion base his determination on an independent appraisal
obtained by him.
(c) Exchange of property; cash equalization payments
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 California and adjacent States, notwithstanding any other
provision of law. 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.
-SOURCE-
(Pub. L. 87-657, Sec. 3, Sept. 13, 1962, 76 Stat. 539; Pub. L.
91-223, Sec. 2(a), Apr. 3, 1970, 84 Stat. 90.)
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-223 substituted introductory "The" for "Except
as provided in section 459c-3 of this title, the".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-4, 459c-5, 459c-6,
459c-6b, 459c-7 of this title.
-End-
-CITE-
16 USC Sec. 459c-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. 459c-3. Repealed. Pub. L. 91-223, Sec. 2(b), Apr. 3, 1970, 84
Stat. 90
-MISC1-
Section, Pub. L. 87-657, Sec. 4, Sept. 13, 1962, 76 Stat. 540,
provided conditions for exercise of eminent domain within pastoral
zone and defined "ranching and dairying purposes".
-End-
-CITE-
16 USC Sec. 459c-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. 459c-4. Point Reyes National Seashore
-STATUTE-
(a) Establishment; notice in Federal Register
As soon as practicable after September 13, 1962, and following
the acquisition by the Secretary of an acreage in the area
described in section 459c-1 of this title, that is in the opinion
of the Secretary efficiently administrable to carry out the
purposes of sections 459c to 459c-7 of this title, the Secretary
shall establish Point Reyes 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 459c-1 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 State and to the governing body of each of the
political subdivisions involved; (2) cause a copy of such notice
and map to be published in one or more newspapers which circulate
in each of the localities; and (3) cause a certified copy of such
notice, a copy of such map, and a copy of sections 459c to 459c-7
of this title to be recorded at the registry of deeds for the
county involved.
-SOURCE-
(Pub. L. 87-657, Sec. 4, formerly Sec. 5, Sept. 13, 1962, 76 Stat.
540; renumbered Sec. 4, Pub. L. 91-223, Sec. 2(c), Apr. 3, 1970, 84
Stat. 90.)
-MISC1-
AMENDED DESCRIPTION OF BOUNDARIES OF POINT REYES NATIONAL SEASHORE;
PUBLICATION IN FEDERAL REGISTER
Pub. L. 93-550, title II, Sec. 202, Dec. 26, 1974, 88 Stat. 1744,
provided that: "The Secretary of the Interior shall, as soon as
practicable after the date of enactment of this title [Dec. 26,
1974], publish an amended description of the boundaries of the
Point Reyes National Seashore in the Federal Register, and
thereafter he shall take such action with regard to such amended
description and the map referred to in section 201 of this title
[amending section 459c-1 of this title] as is required in the
second sentence of subsection (b) of section 4 of the act of
September 13, 1962, as amended [subsec. (b) of this section]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-2, 459c-5, 459c-6,
459c-6b, 459c-7 of this title.
-End-
-CITE-
16 USC Sec. 459c-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. 459c-5. Owner's reservation of right of use and occupancy for
fixed term of years or life
-STATUTE-
(a) Election of term; fair market value; termination; notification;
lease of Federal lands: restrictive covenants, offer to prior
owner or leaseholder
Except for property which the Secretary specifically determines
is needed for interpretive or resources management purposes of the
seashore, the owner of improved property or of agricultural
property on the date of its acquisition by the Secretary under
sections 459c to 459c-7 of this title may, as a condition of such
acquisition, retain for himself and his or her heirs and assigns a
right of use and occupancy 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 or her spouse, whichever is
later. The owner shall elect the term to be reserved. Unless the
property is wholly or partly donated to the United States, the
Secretary shall pay to the owner the fair market value of the
property on the date of acquisition minus the fair market value on
that date of the right retained by the owner. A right retained
pursuant to this section shall be subject to termination by the
Secretary upon his or her determination that it is being exercised
in a manner inconsistent with the purposes of sections 459c to
459c-7 of this title, and it shall terminate by operation of law
upon the Secretary's notifying the holder of the right of such
determination and tendering to him or her an amount equal to the
fair market value of that portion of the right which remains
unexpired. Where appropriate in the discretion of the Secretary, he
or she may lease federally owned land (or any interest therein)
which has been acquired by the Secretary under sections 459c to
459c-7 of this title, and which was agricultural land prior to its
acquisition. Such lease shall be subject to such restrictive
covenants as may be necessary to carry out the purposes of sections
459c to 459c-7 of this title. Any land to be leased by the
Secretary under this section shall be offered first for such lease
to the person who owned such land or was a leaseholder thereon
immediately before its acquisition by the United States.
(b) "Improved and agricultural property" defined
As used in sections 459c to 459c-7 of this title, the term
"improved property" shall mean a private noncommercial dwelling,
including the land on which it is situated, whose construction was
begun before September 1, 1959, or, in the case of areas added by
action of the Ninety-fifth Congress, May 1, 1978 or, in the case of
areas added by action of the Ninety-sixth Congress, May 1, 1979,
and structures accessory thereto (hereinafter in this subsection
referred to as "dwelling"), together with such amount and locus of
the property adjoining and in the same ownership as such dwelling
as the Secretary designates to be reasonably necessary for the
enjoyment of such dwelling for the sole purpose of noncommercial
residential use and occupancy. In making such designation the
Secretary shall take into account the manner of noncommercial
residential use and occupancy in which the dwelling and such
adjoining property has usually been enjoyed by its owner or
occupant. The term "agricultural property" as used in sections 459c
to 459c-7 of this title means lands which were in regular use for,
or were being converted to agricultural, ranching, or dairying
purposes as of May 1, 1978 or, in the case of areas added by action
of the Ninety-sixth Congress, May 1, 1979, together with
residential and other structures related to the above uses of the
property that were in existence or under construction as of May 1,
1978.
(c) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress
for the purposes of sections 459c to 459c-7 of this title, the
Secretary may, when agreed upon by the landowner involved, defer
payment or schedule payments over a period of ten years and pay
interest on the unpaid balance at a rate not exceeding that paid by
the Treasury of the United States for borrowing purposes.
(d) Lands donated by State of California
The Secretary is authorized to accept and manage in accordance
with sections 459c to 459c-7 of this title, any lands and
improvements within or adjacent to the seashore which are donated
by the State of California or its political subdivisions. He is
directed to accept any such lands offered for donation which
comprise the Tomales Bay State Park, or lie between said park and
Fish Hatchery Creek. The boundaries of the seashore shall be
changed to include any such donated lands.
(e) Fee or admission charge prohibited
Notwithstanding any other provision of law, no fee or admission
charge may be levied for admission of the general public to the
seashore.
-SOURCE-
(Pub. L. 87-657, Sec. 5, formerly Sec. 6, Sept. 13, 1962, 76 Stat.
541; renumbered Sec. 5, Pub. L. 91-223, Sec. 2(c), Apr. 3, 1970, 84
Stat. 90; amended Pub. L. 95-625, title III, Sec. 318(b)-(d), Nov.
10, 1978, 92 Stat. 3487; Pub. L. 96-199, title I, Sec.
101(a)(2)-(4), Mar. 5, 1980, 94 Stat. 67.)
-MISC1-
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-199, Sec. 101(a)(2), substituted
"Except for property which the Secretary specifically determines is
needed for interpretive or resources management purposes of the
seashore, the" for "The" in first sentence.
Subsec. (b). Pub. L. 96-199, Sec. 101(a)(3), inserted "or, in the
case of areas inserted by action of the Ninety-sixth Congress, May
1, 1979," after "May 1, 1978" and "that were in existence or under
construction as of May 1, 1978" after "related to the above uses of
the property".
Subsecs. (d), (e). Pub. L. 96-199, Sec. 101(a)(4), added subsecs.
(d) and (e).
1978 - Subsec. (a). Pub. L. 95-625, Sec. 318(b), extended
provision to agricultural property; provided for: retention rights
of heirs and assigns, retention rights for term of twenty-five
years or for term ending with death of owner or spouse, whichever
was later, as elected by owner, which provision previously
authorized retention for term of fifty years, termination of right
of retention and notice thereof, and for lease of federally owned
lands, subject to restrictive covenants, with first offer to prior
owner or leaseholder; and included clause relating to donation of
property to the United States.
Subsec. (b). Pub. L. 95-625, Sec. 318(c), defined "improved
property" to include private dwelling, the construction of which
was begun, in the case of areas added by action of the Ninety-fifth
Congress, October 1, 1978, and included definition of "agricultural
property".
Subsec. (c). Pub. L. 95-625, Sec. 318(d), added subsec. (c).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-2, 459c-4, 459c-6,
459c-6b, 459c-7 of this title.
-End-
-CITE-
16 USC Sec. 459c-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. 459c-6. Administration of property
-STATUTE-
(a) Protection, restoration, and preservation of natural
environment
Except as otherwise provided in sections 459c to 459c-7 of this
title, the property acquired by the Secretary under such sections
shall be administered by the Secretary without impairment of its
natural values, in a manner which provides for such recreational,
educational, historic preservation, interpretation, and scientific
research opportunities as are consistent with, based upon, and
supportive of the maximum protection, restoration, and preservation
of the natural environment within the area, subject to the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented, and in accordance with other 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 459c to 459c-7 of
this title.
(b) Hunting and fishing regulations
The Secretary may permit hunting and fishing 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 State of California and any political
subdivision thereof who have jurisdiction of hunting and fishing
prior to the issuance of any such regulations, and the Secretary is
authorized to enter into cooperative agreements with such officials
regarding such hunting and fishing as he may deem desirable.
-SOURCE-
(Pub. L. 87-657, Sec. 6, formerly Sec. 7, Sept. 13, 1962, 76 Stat.
541; renumbered Sec. 6, Pub. L. 91-223, Sec. 2(c), Apr. 3, 1970, 84
Stat. 90; amended Pub. L. 94-544, Sec. 4(a), Oct. 18, 1976, 90
Stat. 2515; Pub. L. 94-567, Sec. 7(a), Oct. 20, 1976, 90 Stat.
2695.)
-MISC1-
AMENDMENTS
1976 - Subsec. (a). Pub. L. 94-544 and Pub. L. 94-567 made
substantially identical amendments by inserting provision which
directed the Secretary to administer the property acquired in such
a manner so as to provide recreational, educational, historic
preservation, interpretation, and scientific research opportunities
consistent with the maximum protection, restoration, and
preservation of the environment.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-2, 459c-4, 459c-5,
459c-6b, 459c-7 of this title.
-End-
-CITE-
16 USC Sec. 459c-6a 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-6a. The Clem Miller Environmental Education Center;
designation
-STATUTE-
The Secretary shall designate the principal environmental
education center within the seashore as "The Clem Miller
Environmental Education Center", in commemoration of the vision and
leadership which the late Representative Clem Miller gave to the
creation and protection of Point Reyes National Seashore.
-SOURCE-
(Pub. L. 87-657, Sec. 7, as added Pub. L. 94-544, Sec. 4(b), Oct.
18, 1976, 90 Stat. 2515, and Pub. L. 94-567, Sec. 7(b), Oct. 20,
1976, 90 Stat. 2695.)
-COD-
CODIFICATION
Section 7(b) of Pub. L. 94-567 enacted this section as did
section 4(b) of Pub. L. 94-544.
-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-6b 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-6b. Cooperation with utilities district; land use and
occupancy; terms and conditions
-STATUTE-
The Secretary shall cooperate with the Bolinas Public Utilities
District to protect and enhance the watershed values within the
seashore. The Secretary may, at his or her discretion, permit the
use and occupancy of lands added to the seashore by action of the
Ninety-fifth Congress by the utilities district for water supply
purposes, subject to such terms and conditions as the Secretary
deems are consistent with the purposes of sections 459c to 459c-7
of this title.
-SOURCE-
(Pub. L. 87-657, Sec. 8, as added Pub. L. 95-625, title III, Sec.
318(e), Nov. 10, 1978, 92 Stat. 3487.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-2, 459c-4, 459c-5,
459c-6, 459c-7 of this title.
-End-
-CITE-
16 USC Sec. 459c-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. 459c-7. Authorization of appropriations; restriction on use of
land
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 459c to 459c-7 of
this title, except that no more than $57,500,000 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: Provided, That no freehold, leasehold, or lesser interest
in any lands hereafter acquired within the boundaries of the Point
Reyes National Seashore shall be conveyed for residential or
commercial purposes except for public accommodations, facilities,
and services provided pursuant to sections 20 to 20g and 462(h) of
this title. In addition to the sums heretofore authorized by this
section, there is further authorized to be appropriated $5,000,000
for the acquisition of lands or interests therein.
-SOURCE-
(Pub. L. 87-657, Sec. 9, formerly Sec. 8, Sept. 13, 1962, 76 Stat.
541; Pub. L. 89-666, Sec. 1(b), Oct. 15, 1966, 80 Stat. 919;
renumbered Sec. 7 and amended Pub. L. 91-223, Secs. 1, 2(c), Apr.
3, 1970, 84 Stat. 90; renumbered Sec. 8, Pub. L. 94-544, Sec. 4(b),
Oct. 18, 1976, 90 Stat. 2515; renumbered Sec. 8, Pub. L. 94-567,
Sec. 7(b), Oct. 20, 1976, 90 Stat. 2695; renumbered Sec. 9, Pub. L.
95-625, title III, Sec. 318(e), Nov. 10, 1978, 92 Stat. 3487;
amended Pub. L. 95-625, title III, Sec. 318(f), as added Pub. L.
96-199, title I, Sec. 101(a)(5), Mar. 5, 1980, 94 Stat. 67.)
-REFTEXT-
REFERENCES IN TEXT
Sums "heretofore" authorized by this section, referred to in
text, means sums authorized by this section prior to the enactment
on Mar. 5, 1980, of Pub. L. 96-199, which added the authorization
for a $5,000,000 appropriation for the acquisition of lands or
interest in lands.
-COD-
CODIFICATION
Section 7(b) of Pub. L. 94-567 made the identical change in the
credit as did section 4(b) of Pub. L. 94-544.
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-199 inserted provisions authorizing an
appropriation of $5,000,000 for the acquisition of lands or
interests therein.
1970 - Pub. L. 91-223, Sec. 1, substituted "$57,500,000" for
"$19,135,000", restricted conveyances of any interest in any lands
acquired after April 3, 1970, only for public accommodations,
facilities, and services under provisions for concessions in areas
administered by National Park Service.
1966 - Pub. L. 89-666 substituted "$19,135,000" for
"$14,000,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459c-2, 459c-4, 459c-5,
459c-6, 459c-6b of this title.
-End-
-CITE-
16 USC Sec. 459d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459d. Padre Island National Seashore; description of land and
waters
-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 shall take appropriate action in the public interest
toward the establishment of the following described lands and
waters as the Padre Island National Seashore: Beginning at a point
one statute mile northerly of North Bird Island on the easterly
line of the Intracoastal Waterway; thence due east to a point on
Padre Island one statute mile west of the mean high water line of
the Gulf of Mexico; thence southwesterly paralleling the said mean
high water line of the Gulf of Mexico a distance of about three and
five-tenths statute miles; thence due east to the two-fathom line
on the east side of Padre Island as depicted on National Ocean
Survey chart numbered 1286; thence along the said two-fathom line
on the east side of Padre Island as depicted on National Ocean
Survey charts numbered 1286, 1287, and 1288 to the Willacy-Cameron
County line extended; thence westerly along said county line to a
point 1,500 feet west of the mean high water line of the Gulf of
Mexico as that line was determined by the survey of J. S. Boyles
and is depicted on sections 9 and 10 of the map entitled "Survey of
Padre Island made for the office of the Attorney General of the
State of Texas", dated August 7 to 11, 1941, and August 11, 13, and
14, 1941, respectively; thence northerly along a line parallel to
said survey line of J. S. Boyles and distant therefrom 1,500 feet
west to a point on the centerline of the Port Mansfield Channel;
thence westerly along said centerline to a point three statute
miles west of the said two-fathom line; thence northerly parallel
with said two-fathom line to 27 degrees 20 minutes north latitude;
thence westerly along said latitude to the easterly line of the
Intracoastal Waterway; thence northerly following the easterly line
of the Intracoastal Waterway as indicated by channel markers in the
Laguna Madre to the point of beginning.
-SOURCE-
(Pub. L. 87-712, Sec. 1, Sept. 28, 1962, 76 Stat. 650.)
-CHANGE-
CHANGE OF NAME
Coast and Geodetic Survey consolidated with National Weather
Bureau in 1965 to form Environmental Science Services
Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
F.R. 8819, 79 Stat. 1318. Environmental Science Services
Administration abolished in 1970 and its personnel, property,
records, etc., transferred to National Oceanic and Atmospheric
Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration,
35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey
redesignated National Ocean Survey. See notes under section 311 of
Title 15, Commerce and Trade.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-2, 459d-4,
459d-6, 459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-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 the
"Secretary") is authorized to acquire by donation, purchase with
donated or appropriated funds, condemnation, transfer from any
Federal agency, exchange, or otherwise, the land, waters, and other
property, and improvements thereon and any interest therein, within
the areas described in section 459d of this title or which lie
within the boundaries of the seashore as established under section
459d-2 of this title (hereinafter referred to as "such area"). Any
property, or interest therein, owned by the State of Texas or
political subdivision thereof 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
459d to 459d-7 of this title.
(b) Fair market value; appraisal
The Secretary is authorized to pay for any acquisitions which he
makes by purchase under sections 459d to 459d-7 of this title their
fair market value, as determined by the Secretary, who may in his
discretion base his determination on an independent appraisal
obtained by him.
(c) Exchange of property; cash equalization payments
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.
-SOURCE-
(Pub. L. 87-712, Sec. 2, Sept. 28, 1962, 76 Stat. 650.)
-MISC1-
REVISION OF BOUNDARIES; ADDITION AND DELETION OF ACREAGE
Pub. L. 94-578, title I, Sec. 101(13), Oct. 21, 1976, 90 Stat.
2733, as amended Pub. L. 96-199, title I, Sec. 111, Mar. 5, 1980,
94 Stat. 70, provided in part that: "The Secretary of the Interior
is authorized to revise the boundary of the seashore [Padre Island
National Seashore, Texas] to add approximately two hundred and
seventy-four acres and to delete approximately two thousand acres,
and sections 302 and 303 of the Act of April 11, 1972 (86 Stat.
120, 121) [Pub. L. 92-272, which sections were not classified to
the Code], shall apply to the boundary revision authorized herein."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-2, 459d-4, 459d-6,
459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-2. Establishment
-STATUTE-
(a) Notice in Federal Register
As soon as practicable after September 28, 1962 and following the
acquisition by the Secretary of an acreage in the area described in
section 459d of this title, that is in the opinion of the Secretary
efficiently administrable to carry out the purposes of sections
459d to 459d-7 of this title, the Secretary shall establish the
area as a 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 459d 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 State and to the governing body of each of the
political subdivisions involved; (2) cause a copy of such notice
and map to be published in one or more newspapers which circulate
in each of the localities; and (3) cause a certified copy of such
notice, a copy of such map, and a copy of sections 459d to 459d-7
of this title to be recorded at the registry of deeds for the
county involved.
-SOURCE-
(Pub. L. 87-712, Sec. 3, Sept. 28, 1962, 76 Stat. 651.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-4, 459d-6,
459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-3. Reservation of oil, gas, and other minerals
-STATUTE-
(a) When acquiring land, waters, or interests therein, the
Secretary shall permit a reservation by the grantor of all or any
part of the oil and gas minerals in such land or waters and of
other minerals therein which can be removed by similar means, with
the right of occupation and use of so much of the surface of the
land or waters as may be required for all purposes reasonably
incident to the mining or removal of such from beneath the surface
of these lands and waters and the lands and waters adjacent
thereto, under such regulations as may be prescribed by the
Secretary with respect to such mining or removal.
(b) Any acquisition hereunder shall exclude and shall not
diminish any right of occupation or use of the surface under
grants, leases, or easements existing on April 11, 1961, which are
reasonably necessary for the exploration, development, production,
storing, processing, or transporting of oil and gas minerals that
are removed from outside the boundaries of the national seashore
and the Secretary may grant additional rights of occupation or use
of the surface for the purposes aforesaid upon the terms and under
such regulations as may be prescribed by him.
-SOURCE-
(Pub. L. 87-712, Sec. 4, Sept. 28, 1962, 76 Stat. 651.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-2, 459d-4,
459d-6, 459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-4. Administration; utilization of authority for
conservation and management of natural resources
-STATUTE-
Except as otherwise provided in sections 459d to 459d-7 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 other laws of general
application relating to the areas administered and supervised by
the Secretary through the National Park Service; 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 459d
to 459d-7 of this title.
-SOURCE-
(Pub. L. 87-712, Sec. 5, Sept. 28, 1962, 76 Stat. 652.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-2, 459d-6,
459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-5. Roadways to access highways from mainland
-STATUTE-
The Secretary may provide for roadways from the north and south
boundaries of such public recreation area to the access highways
from the mainland to Padre Island.
-SOURCE-
(Pub. L. 87-712, Sec. 6, Sept. 28, 1962, 76 Stat. 652.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-2, 459d-4,
459d-6, 459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-6. Aerial gunnery and bombing range agreements of
Secretary of the Interior and Secretary of the Navy
-STATUTE-
The Secretary of the Interior shall enter into such
administrative agreements with the Secretary of the Navy as the
Secretary of the Navy may deem necessary to assure that the
Secretary of the Interior will not exercise any authority granted
by sections 459d to 459d-7 of this title so as to interfere with
the use by the Department of the Navy of any aerial gunnery or
bombing range located in the vicinity of Padre Island.
-SOURCE-
(Pub. L. 87-712, Sec. 7, Sept. 28, 1962, 76 Stat. 652.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-2, 459d-4,
459d-7 of this title.
-End-
-CITE-
16 USC Sec. 459d-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. 459d-7. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 459d to 459d-7 of
this title; except that no more than $5,350,000 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. 87-712, Sec. 8, Sept. 28, 1962, 76 Stat. 652; Pub. L.
94-578, title I, Sec. 101(13), Oct. 21, 1976, 90 Stat. 2733.)
-COD-
CODIFICATION
Section 101(13) of Pub. L. 94-578, cited as a credit to this
section, as amended by Pub. L. 96-199, title I, Sec. 111, Mar. 5,
1980, 94 Stat. 70, is also set out in part as a note under section
459d-1 of this title.
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "$5,350,000" for "$5,000,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459d-1, 459d-2, 459d-4,
459d-6 of this title.
-End-
-CITE-
16 USC Sec. 459e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459e. Fire Island National Seashore
-STATUTE-
(a) Purposes; authorization for establishment
For the purpose of conserving and preserving for the use of
future generations certain relatively unspoiled and undeveloped
beaches, dunes, and other natural features within Suffolk County,
New York, which possess high values to the Nation as examples of
unspoiled areas of great natural beauty in close proximity to large
concentrations of urban population, the Secretary of the Interior
is authorized to establish an area to be known as the "Fire Island
National Seashore".
(b) Boundaries
The boundaries of the national seashore shall extend from the
easterly boundary of the main unit of Robert Moses State Park
eastward to Moriches Inlet and shall include not only Fire Island
proper, but also such islands and marshlands in the Great South
Bay, Bellport Bay, and Moriches Bay adjacent to Fire Island as
Sexton Island, West Island, Hollins Island, Ridge Island, Pelican
Island, Pattersquash Island, and Reeves Island and such other small
and adjacent islands, marshlands, and wetlands as would lend
themselves to contiguity and reasonable administration within the
national seashore and, in addition, the waters surrounding said
area to distances of one thousand feet in the Atlantic Ocean and up
to four thousand feet in Great South Bay and Moriches Bay and, in
addition, mainland terminal and headquarters sites, not to exceed a
total of twelve acres, on the Patchogue River within Suffolk
County, New York, all as delineated on a map identified as "Fire
Island National Seashore", numbered OGP-0004, dated May 1978. The
Secretary shall publish said map in the Federal Register, and it
may also be examined in the offices of the Department of the
Interior.
-SOURCE-
(Pub. L. 88-587, Sec. 1, Sept. 11, 1964, 78 Stat. 928; Pub. L.
95-625, title III, Sec. 322(a), Nov. 10, 1978, 92 Stat. 3488.)
-MISC1-
AMENDMENTS
1978 - Subsec. (b). Pub. L. 95-625 inserted "the main unit of"
before "Robert Moses State Park", included in the boundaries the
mainland terminal and headquarters sites, not to exceed a total of
twelve acres, on the Patchogue River within Suffolk County, New
York, and substituted map numbered OGP - 0004, dated May 1978 for
OGP - 0002, dated June 1964 and requirement of publishing the map
in the Federal Register for prior provision for filing the map with
the Federal Register.
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-482, Sec. 1, Oct. 17, 1984, 98 Stat. 2255, provided:
"That this Act [amending sections 459e-1 and 459e-2 of this title]
may be cited as the 'Fire Island National Seashore Amendments Act
of 1984'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-1, 459e-2, 459e-5,
459e-6, 459e-7, 459e-9 of this title.
-End-
-CITE-
16 USC Sec. 459e-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. 459e-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; liability of United States under
contracts contingent on appropriations
The Secretary is authorized to acquire, and it is the intent of
Congress that he shall acquire as appropriated funds become
available for the purpose or as such acquisition can be
accomplished by donation or with donated funds or by transfer,
exchange, or otherwise, the lands, waters, and other property, and
improvements thereon and any interest therein, within the
boundaries of the seashore as established under section 459e of
this title. Any property or interest therein owned by the State of
New York, by Suffolk County, or by any other political subdivision
of said State 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 459e to 459e-9 of this
title. In exercising his authority to acquire property in
accordance with the provisions of this subsection, the Secretary
may enter into contracts requiring the expenditure, when
appropriated, of funds authorized by sections 459e to 459e-9 of
this title, but the liability of the United States under any such
contract shall be contingent on the appropriation of funds
sufficient to fulfill the obligations thereby incurred.
(b) Establishment; notice in Federal Register
When the Secretary determines that lands and waters or interests
therein have been acquired by the United States in sufficient
quantity to provide an administrative unit, he shall declare the
establishment of the Fire Island National Seashore by publication
of notice in the Federal Register.
(c) Fair market value
The Secretary shall pay not more than the fair market value, as
determined by him, for any land or interest therein acquired by
purchase.
(d) Exchange of property; cash equalization payments
When acquiring land by exchange the Secretary may accept title to
any nonfederally owned land located within the boundaries of the
national seashore and convey to the grantor any federally owned
land under the jurisdiction of the Secretary. The lands so
exchanged shall be approximately equal in fair market value, but
the Secretary may accept cash from or pay cash to the grantor in
order to equalize the values of the lands exchanged.
(e) Limitation of condemnation power during existence of zoning
ordinance; Davis Park-Smith Point County Park area exception;
beneficial owner's election of alternatives as condition for
acquisition
With one exception the Secretary shall not acquire any privately
owned improved property or interests therein within the boundaries
of the seashore or any property or interests therein within the
communities delineated on the boundary map mentioned in section
459e of this title, except beach or waters and adjoining land
within such communities which the Secretary determines are needed
for public access to the beach, without the consent of the owners
so long as the appropriate local zoning agency shall have in force
and applicable to such property a duly adopted, valid, zoning
ordinance that is satisfactory to the Secretary. The sole exception
to this limitation on the power of the Secretary to condemn
improved property where appropriate zoning ordinances exist shall
be in the approximately eight-mile area from the easterly boundary
of the Brookhaven town park at Davis Park, in the town of
Brookhaven, to the westerly boundary of the Smith Point County
Park. In this area only, when the Secretary deems it advisable for
carrying out the purposes of sections 459e to 459e-9 of this title
or to improve the contiguity of the park land and ease its
administration, the Secretary may acquire any land or improvements
therein by condemnation. In every case in which the Secretary
exercises this right of condemnation of improved property the
beneficial owner or owners (not being a corporation) of any
improved property so condemned, provided he, she, or they held the
same or a greater estate in the property on July 1, 1963, may elect
as a condition of such acquisition by the Secretary any one of the
following three alternatives:
(1) that the Secretary shall take the said property in fee
simple absolute and pay the fair market value thereof as of the
date of such taking;
(2) that the owner or owners shall retain a life estate in said
property, measured on the life of the sole owner or on the life
of any one person among multiple owners (notice of the person so
designated to be filed in writing with the Secretary within six
months after the taking) or on the life of the survivor in title
of any estate held on July 1, 1963, as a tenancy by the entirety.
The price in such case shall be diminished by theactuarial fair (continued)