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(continued)
market value of the life estate retained, determined on the basis
of standard actuarial methods;
(3) that the owner or owners shall retain an estate for
twenty-five years. The price in this case shall likewise be
diminished by the value of the estate retained.
(f) "Improved property" defined
The term "improved property" as used in sections 459e to 459e-9
of this title shall mean any building, the construction of which
was begun before July 1, 1963, and such amount of land, not in
excess of two acres in the case of a residence or ten acres in the
case of a commercial or industrial use, on which the building is
situated as the Secretary considers reasonably necessary to the use
of the building: Provided, That the Secretary may exclude from
improved properties any beach or waters, together with so much of
the land adjoining such beach or waters as he deems necessary for
public access thereto.
(g) Undeveloped tracts and property; suspension of condemnation
authority; natural state
The authority of the Secretary to condemn undeveloped tracts
within the Dune District as depicted on map entitled "Fire Island
National Seashore" numbered OGP-0004 dated May, 1978, is suspended
so long as the owner or owners of the undeveloped property therein
maintain the property in its natural state. Undeveloped property
within the Dune District that is acquired by the Secretary shall
remain in its natural state.
(h) Sale of property acquired by condemnation; excepted properties;
proceeds available for acquisition of property
(1)(A) The Secretary shall sell any property described in
subparagraph (B) of this paragraph acquired by condemnation under
sections 459e to 459e-9 of this title to the highest bidder; except
that -
(i) no property shall be sold at less than its fair market
value; and
(ii) no property shall be sold unless it is sold subject to
covenants or other restrictions that will ensure that the use of
such property conforms -
(I) to the standards specified in regulations issued under
section 459e-2(a) of this title which are in effect at the time
of such sale, and
(II) to any approved zoning ordinance or amendment thereof to
which such property is subject.
(B) The property referred to in subparagraph (A) of this
paragraph is any property within the boundaries of the national
seashore as delineated on the map mentioned in section 459e of this
title except -
(i) property within the Dune district referred to in subsection
(g) of this section;
(ii) beach or waters and adjoining land within the exempt
communities referred to in the first sentence of subsection (e)
of this section; and
(iii) property within the eight-mile area described in the
second sentence of subsection (e) of this section; and
(iv) any property acquired prior to October 1, 1982, that the
Secretary determines should be retained to further the purpose of
sections 459e to 459e-9 of this title.
(2) Notwithstanding any other provision of law, all moneys
received from sales under paragraph (1) of this subsection may be
retained and shall be available to the Secretary, without further
appropriation, only for purposes of acquiring property under
sections 459e to 459e-9 of this title.
(i) Injunctive relief; termination
(1) Upon or after the commencement of any action for condemnation
with respect to any property under sections 459e to 459e-9 of this
title, the Secretary, through the Attorney General of the United
States, may apply to the United States District Court for the
Eastern District of New York for a temporary restraining order or
injunction to prevent any use of, or construction upon, such
property that -
(A) fails, or would result in a failure of such property, to
conform to the standards specified in regulations issued under
section 459e-2(a) of this title in effect at the time such use or
construction began; or
(B) in the case of undeveloped tracts in the Dune district
referred to in subsection (g) of this section, would result in
such undeveloped property not being maintained in its natural
state.
(2) Any temporary restraining order or injunction issued pursuant
to such an application shall terminate in accordance with the
provisions of section 459e-2(g) of this title.
-SOURCE-
(Pub. L. 88-587, Sec. 2, Sept. 11, 1964, 78 Stat. 929; Pub. L.
95-625, title III, Sec. 322(b), Nov. 10, 1978, 92 Stat. 3489; Pub.
L. 98-482, Sec. 2, Oct. 17, 1984, 98 Stat. 2255.)
-MISC1-
AMENDMENTS
1984 - Subsecs. (h), (i). Pub. L. 98-482 added subsecs. (h) and
(i).
1978 - Subsec. (g). Pub. L. 95-625 added subsec. (g).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-2, 459e-5, 459e-6,
459e-7, 459e-9 of this title.
-End-
-CITE-
16 USC Sec. 459e-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. 459e-2. Zoning regulations
-STATUTE-
(a) Amendment; standards for approval of ordinances
In order to carry out the provisions of section 459e-1 of this
title the Secretary shall issue regulations, which may be amended
from time to time, specifying standards that are consistent with
the purposes of sections 459e to 459e-9 of this title for zoning
ordinances which must meet his approval.
(b) Commercial or industrial use prohibition; size, location or use
restrictions for commercial, residential, and other structures;
reconciliation of population density with protection of natural
resources
The standards specified in such regulations shall have the object
of (1) prohibiting new commercial or industrial uses, other than
commercial or industrial uses which the Secretary considers are
consistent with the purposes of sections 459e to 459e-9 of this
title, of all property within the national seashore, and (2)
promoting the protection and development for purposes of sections
459e to 459e-9 of this title of the land within the national
seashore by means of limitations or restrictions on the size,
location or use of any commercial, residential, and other
structures. In accomplishing these objectives, such standards shall
seek to reconcile the population density of the seashore on October
17, 1984, with the protection of the natural resources of the
Seashore (!1) consistent with the purposes for which it has been
established as provided by sections 459e to 459e-9 of this title.
(c) Approval of ordinances
Following issuance of such regulations the Secretary shall
approve any zoning ordinance or any amendment to any approved
zoning ordinance submitted to him that conforms to the standards
contained in the regulations in effect at the time of adoption of
the ordinance or amendment. Such approval shall remain effective
for so long as such ordinance or amendment remains in effect as
approved.
(d) Adverse provisions and absence of notice for variance as
requiring disapproval of ordinances
No zoning ordinance or amendment thereof shall be approved by the
Secretary which (1) contains any provisions that he considers
adverse to the protection and development, in accordance with the
purposes of sections 459e to 459e-9 of this title, of the area
comprising the national seashore; or (2) fails to have the effect
of providing that the Secretary shall receive notice of any
variance granted under, or any exception made to, the application
of such ordinance or amendment.
(e) Termination of suspension of authority for acquisition by
condemnation because of nonconforming variances and uses
In the case of any property, including improved property but
excluding undeveloped property in the Dune district referred to in
section 459e-1(g) of this title, with respect to which the
Secretary's authority to acquire by condemnation has been suspended
under sections 459e to 459e-9 of this title if -
(1) such property is, after October 17, 1984, made the subject
of a variance under, or becomes for any reason an exception to,
any applicable zoning ordinance approved under this section; and
(2) such variance or exception results, or will result, in such
property being used in a manner that fails to conform to any
applicable standard contained in regulations of the Secretary
issued pursuant to this section and in effect at the time such
variance or exception took effect;
then the suspension of the Secretary's authority to acquire such
property by condemnation shall automatically cease.
(f) Certificate of suspension of authority for acquisition by
condemnation
The Secretary shall furnish to any party in interest upon request
a certificate indicating the property with respect to which the
Secretary's authority to acquire by condemnation is suspended.
(g) Injunctive relief; termination
Notwithstanding any other provision of sections 459e to 459e-9 of
this title, the Secretary of the Interior, acting through the
Attorney General of the United States, may apply to the United
States District Court for the Eastern District of New York for a
temporary restraining order or injunction to prohibit the use of,
including construction upon, any property within the seashore in a
manner that -
(1) will cause or is likely to cause significant harm to the
natural resources of the seashore, or
(2) is inconsistent with the purposes for which the seashore
was established.
Except to the extent the Court may deem necessary in extraordinary
circumstances, no such order or injunction shall continue in effect
for more than one hundred and eighty days. During the period of
such order or injunction, the Secretary shall diligently and in
good faith negotiate with the owner of the property to assure that
following termination of the order or injunction, the inconsistent
use is abated or the significant harm to the natural resources is
mitigated.
-SOURCE-
(Pub. L. 88-587, Sec. 3, Sept. 11, 1964, 78 Stat. 930; Pub. L.
98-482, Secs. 3-5, Oct. 17, 1984, 98 Stat. 2256.)
-MISC1-
AMENDMENTS
1984 - Subsec. (b). Pub. L. 98-482, Sec. 4, substituted "by means
of limitations or restrictions on the size, location or use of any
commercial, residential, and other structures" for "by means of
acreage, frontage, and setback requirements" and required that the
standards seek to reconcile the population density of the seashore
on Oct. 17, 1984, with the protection of the natural resources of
the seashore.
Subsec. (e). Pub. L. 98-482, Sec. 3, designated part of existing
provisions as pars. (1) and (2), made the provisions applicable to
any property, and excluded undeveloped property in the Dune
district.
Subsec. (g). Pub. L. 98-482, Sec. 5, added subsec. (g).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-1, 459e-3, 459e-5,
459e-6, 459e-7, 459e-9 of this title.
-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.
-End-
-CITE-
16 USC Sec. 459e-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. 459e-3. Retention by owner of right of use and occupancy of
improved property for residential purposes
-STATUTE-
(a) Time limit; value of reserved right
Owners of improved property acquired by the Secretary may reserve
for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes for a term that is not more than twenty-five years. The
value of the reserved right shall be deducted from the fair market
value paid for the property.
(b) Termination of right; compensation
A right of use and occupancy reserved pursuant to this section
shall be subject to termination by the Secretary upon his
determination that the use and occupancy is not consistent with an
applicable zoning ordinance approved by the Secretary in accordance
with the provisions of section 459e-2 of this title, and upon
tender to the owner of the right an amount equal to the fair market
value of that portion of the right which remains unexpired on the
date of termination.
-SOURCE-
(Pub. L. 88-587, Sec. 4, Sept. 11, 1964, 78 Stat. 931.)
-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-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. 459e-4. Hunting and fishing regulations
-STATUTE-
The Secretary shall permit hunting, fishing, and shellfishing on
lands and waters under his administrative jurisdiction within the
Fire Island National Seashore in accordance with the laws of New
York and the United States of America, except that the Secretary
may designate zones where, and establish periods when, no hunting
shall be permitted for reasons of public safety, administration, or
public use and enjoyment. Any regulations of the Secretary under
this section shall be issued after consultation with the
Conservation Department of the State of New York.
-SOURCE-
(Pub. L. 88-587, Sec. 5, Sept. 11, 1964, 78 Stat. 931.)
-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-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. 459e-5. Acceptance of donations
-STATUTE-
The Secretary may accept and use for purposes of sections 459e to
459e-9 of this title any real or personal property or moneys that
may be donated for such purposes.
-SOURCE-
(Pub. L. 88-587, Sec. 6, Sept. 11, 1964, 78 Stat. 931.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-1, 459e-2, 459e-6,
459e-7, 459e-9 of this title.
-End-
-CITE-
16 USC Sec. 459e-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. 459e-6. Administration, protection, and development
-STATUTE-
(a) Conservation of natural resources of Seashore; preservation and
access to Sunken Forest Preserve
The Secretary shall administer and protect the Fire Island
National Seashore with the primary aim of conserving the natural
resources located there. The area known as the Sunken Forest
Preserve shall be preserved from bay to ocean in as nearly its
present state as possible, without developing roads therein, but
continuing the present access by those trails already existing and
limiting new access to similar trails limited in number to those
necessary to allow visitors to explore and appreciate this section
of the seashore.
(b) Access to Davis Park-Smith Point County Park area
Access to that section of the seashore lying between the easterly
boundary of the Ocean Ridge portion of Davis Park and the westerly
boundary of the Smith Point County Park shall be provided by
ferries and footpaths only, and no roads shall be constructed in
this section except such minimum roads as may be necessary for park
maintenance vehicles. No development or plan for the convenience of
visitors shall be undertaken therein which would be incompatible
with the preservation of the flora and fauna or the physiographic
conditions now prevailing, and every effort shall be exerted to
maintain and preserve this section of the seashore as well as that
set forth in the preceding paragraph in as nearly their present
state and condition as possible.
(c) Utilization of authority for conservation and development of
natural resources; user fees
In administering, protecting, and developing the entire Fire
Island National Seashore, the Secretary shall be guided by the
provisions of sections 459e to 459e-9 of this title and the
applicable provisions of the laws relating to the national park
system, and the Secretary may utilize any other statutory authority
available to him for the conservation and development of natural
resources to the extent he finds that such authority will further
the purposes of sections 459e to 459e-9 of this title. Appropriate
user fees may be collected notwithstanding any limitation on such
authority by any provision of law.
-SOURCE-
(Pub. L. 88-587, Sec. 7, Sept. 11, 1964, 78 Stat. 931; Pub. L.
95-625, title III, Sec. 322(c), Nov. 10, 1978, 92 Stat. 3489.)
-MISC1-
AMENDMENTS
1978 - Subsec. (b). Pub. L. 95-625 substituted "Ocean Ridge
portion of Davis Park" for "Brookhaven town park at".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-1, 459e-2, 459e-5,
459e-7, 459e-9 of this title.
-End-
-CITE-
16 USC Sec. 459e-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. 459e-7. Shore erosion control or beach protection measures;
Fire Island inlet
-STATUTE-
(a) Authority of Chief of Engineers
The authority of the Chief of Engineers, Department of the Army,
to undertake or contribute to shore erosion control or beach
protection measures on lands within the Fire Island National
Seashore shall be exercised in accordance with a plan that is
mutually acceptable to the Secretary of the Interior and the
Secretary of the Army and that is consistent with the purposes of
sections 459e to 459e-9 of this title.
(b) Land contribution
The Secretary shall also contribute the necessary land which may
be required at any future date for the construction of one new
inlet across Fire Island in such location as may be feasible in
accordance with plans for such an inlet which are mutually
acceptable to the Secretary of the Interior and the Secretary of
the Army and that is consistent with the purposes of sections 459e
to 459e-9 of this title.
-SOURCE-
(Pub. L. 88-587, Sec. 8, Sept. 11, 1964, 78 Stat. 932.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-1, 459e-2, 459e-5,
459e-6, 459e-9 of this title.
-End-
-CITE-
16 USC Sec. 459e-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. 459e-8. Omitted
-COD-
CODIFICATION
Section, Pub. L. 88-587, Sec. 9, Sept. 11, 1964, 78 Stat. 932,
which provided for the creation of a Fire Island National Seashore
Advisory Commission, has been omitted as executed in view of a
provision of subsec. (a) that the Commission terminate on Sept. 11,
1974, or on the declaration of the establishment of the Fire Island
National Seashore, whichever occurs first.
-End-
-CITE-
16 USC Sec. 459e-9 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-9. Authorization of appropriations
-STATUTE-
There is hereby authorized to be appropriated not more than
$23,000,000 for the acquisition of lands and interests in land
pursuant to sections 459e to 459e-9 of this title, and, after
December 23, 1980, not more than $500,000 for development.
-SOURCE-
(Pub. L. 88-587, Sec. 10, Sept. 11, 1964, 78 Stat. 933; Pub. L.
94-578, title I, Sec. 101(5), Oct. 21, 1976, 90 Stat. 2732; Pub. L.
95-625, title III, Sec. 322(d), Nov. 10, 1978, 92 Stat. 3489; Pub.
L. 96-585, Sec. 1(e), Dec. 23, 1980, 94 Stat. 3379.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-585 inserted provision authorizing $500,000
appropriation for development.
1978 - Pub. L. 95-625 substituted "$23,000,000" for
"$18,000,000".
1976 - Pub. L. 94-578 substituted "$18,000,000" for
"$16,000,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459e-1, 459e-2, 459e-5,
459e-6, 459e-7 of this title.
-End-
-CITE-
16 USC Sec. 459e-10 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-10. Authority to accept donation of William Floyd Estate
-STATUTE-
The Secretary of the Interior is authorized to accept the
donation of approximately six hundred and eleven acres of lands,
submerged lands, islands, and marshlands or interests therein,
known as the William Floyd Estate, located in the town of
Brookhaven, county of Suffolk, and State of New York, delineated on
a certain map entitled "Map of the Fire Island National Seashore,
Including the William Floyd Estate", numbered OGP-0003, dated May
1965, which map or a true copy thereof shall be filed with the
Federal Register and may be examined in the offices of the
Department of the Interior. Such donation may be accepted subject
to such terms, covenants, and conditions as the Secretary finds
will be in the public interest.
-SOURCE-
(Pub. L. 89-244, Sec. 1, Oct. 9, 1965, 79 Stat. 967.)
-End-
-CITE-
16 USC Sec. 459e-11 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-11. Authority to accept donation of main dwelling on
William Floyd Estate; lease-back of donated property
-STATUTE-
The Secretary is also authorized to accept the donation of the
main dwelling on said lands, which was the birthplace and residence
of General William Floyd (a signer of the Declaration of
Independence) and the furnishings therein and any outbuildings,
subject to like terms, covenants, and conditions. The Secretary is
authorized to lease said lands, dwellings, and outbuildings to the
grantors thereof for a term of not more than twenty-five years, at
$1 per annum, and during the period of the leasehold the Secretary
may provide protective custody for such property.
-SOURCE-
(Pub. L. 89-244, Sec. 2, Oct. 9, 1965, 79 Stat. 967.)
-End-
-CITE-
16 USC Sec. 459e-12 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-12. Administration of property of William Floyd Estate;
detached unit
-STATUTE-
Upon expiration or surrender of the aforesaid lease the property
shall become a detached unit of the Fire Island National Seashore,
and shall be administered, protected, and developed in accordance
with the laws applicable thereto subject, with respect to said main
dwelling and the furnishings therein, to such terms, covenants, and
conditions which the Secretary shall have accepted and approved
upon the donation thereof as in the public interest.
-SOURCE-
(Pub. L. 89-244, Sec. 3, Oct. 9, 1965, 79 Stat. 967.)
-End-
-CITE-
16 USC Sec. 459f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459f. Assateague Island National Seashore; purposes;
description of area
-STATUTE-
For the purpose of protecting and developing Assateague Island in
the States of Maryland and Virginia and certain adjacent waters and
small marsh islands for public outdoor recreation use and
enjoyment, the Assateague Island National Seashore (hereinafter
referred to as the "seashore") shall be established and
administered in accordance with the provisions of sections 459f to
459f-11 of this title. The seashore shall comprise the area within
Assateague Island and the small marsh islands adjacent thereto,
together with the adjacent water areas not more than one-half mile
beyond the mean high waterline of the land portions as generally
depicted on a map identified as "Proposed Assateague Island
National Seashore, Boundary Map, NS-AI-7100A, November, 1964",
which map shall be on file and available for public inspection in
the offices of the Department of the Interior.
-SOURCE-
(Pub. L. 89-195, Sec. 1, Sept. 21, 1965, 79 Stat. 824.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f-1, 459f-2, 459f-3,
459f-4, 459f-5, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary; manner and place; fair market value;
concurrence of State owner; transfer from Federal agency to
administrative jurisdiction of Secretary
Within the boundaries of the seashore, the Secretary of the
Interior (hereinafter referred to as the "Secretary") is authorized
to acquire lands, waters, and other property, or any interest
therein, by donation, purchase with donated or appropriated funds,
exchange, or in such other method as he may find to be in the
public interest. The Secretary is authorized to include within the
boundaries of the seashore, not to exceed 112 acres of land or
interests therein on the mainland in Worcester County, Maryland. In
the case of acquisition by negotiated purchase, the property owners
shall be paid the fair market value by the Secretary. Any property
or interests therein owned by the States of Maryland or Virginia
shall be acquired only with the concurrence of such owner.
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the seashore may, with the
concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the
Secretary for purposes of the seashore.
(b) Exchange of property; cash equalization payments; scenic
easement donation
When acquiring lands by exchange, the Secretary may accept title
to any non-Federal property within the boundaries of the seashore
and convey to the grantor of such property any federally owned
property under the jurisdiction of the Secretary which the
Secretary classifies suitable for exchange or other disposal, and
which is located in Maryland or Virginia. The properties 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 properties exchanged.
Notwithstanding the acreage limitation set forth in sections 459f
to 459f-11 of this title, the Secretary is authorized to accept the
donation of a scenic easement covering the parcel of land adjacent
to the seashore and known as the "Woodcock Property".
(c) Bridge acquisition; amount of compensation; payment terms and
conditions
The Secretary is authorized to acquire all of the right, title,
or interest of the Chincoteague-Assateague Bridge and Beach
Authority, a political subdivision of the State of Virginia, in the
bridge constructed by such authority across the Assateague Channel,
together with all lands or interests therein, roads, parking lots,
buildings, or other real or personal property of such authority,
and to compensate the authority in such amount as will permit it to
meet its valid outstanding obligations at the time of such
acquisition. Payments by the Secretary shall be on such terms and
conditions as he shall consider to be in the public interest. Any
of the aforesaid property outside the boundaries of the national
seashore, upon acquisition by the Secretary, shall be subject to
his administration for purposes of the seashore.
(d) Owner's reservation of right of use and occupancy for
residential or hunting purposes for term of years; adjustment of
compensation; rules and regulations for appearance of buildings;
"improved property" defined
Owners of improved property acquired by the Secretary may reserve
for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes or for hunting purposes, as hereinafter provided, for a
term that is not more than twenty-five years. In such cases, the
Secretary shall pay to the owner of the property the fair market
value thereof less the fair market value of the right retained by
such owner: Provided, That such use and occupancy shall be subject
to general rules and regulations established by the Secretary with
respect to the outward appearance of any buildings on the lands
involved. The term "improved property" as used in sections 459f to
459f-11 of this title shall mean (1) any single-family residence
the construction of which was begun before January 1, 1964, and
such amount of land, not in excess of three acres, on which the
building is situated as the Secretary considers reasonably
necessary to the noncommercial residential use of the building, and
(2) any property fronting on the Chincoteague Bay or Sinepuxent
Bay, including the offshore bay islands adjacent thereto, that is
used chiefly for hunting and continues in such use: Provided, That
the Secretary may exclude from improved properties any marsh,
beach, or waters, together with so much of the land adjoining such
marsh, beach, or waters as he deems necessary for public use or
public access thereto.
-SOURCE-
(Pub. L. 89-195, Sec. 2, Sept. 21, 1965, 79 Stat. 824; Pub. L.
101-512, title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L. 102-320,
Sec. 1(1)-(4), July 10, 1992, 106 Stat. 321.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-320, Sec. 1(1), (2), amended
second and last sentences generally, substituting reference to 112
acres for reference to sixteen acres for an administrative site in
second sentence and striking out reference in last sentence to
sixteen acres of Federal property on the mainland in Worcester
County, Maryland.
Subsec. (b). Pub. L. 102-320, Sec. 1(3), (4), amended first
sentence generally, striking out reference to not more than sixteen
acres of non-Federal property on the mainland in Worcester County,
Maryland, and inserted at end "Notwithstanding the acreage
limitation set forth in sections 459f to 459f-11 of this title, the
Secretary is authorized to accept the donation of a scenic easement
covering the parcel of land adjacent to the seashore and known as
the 'Woodcock Property'."
1990 - Subsecs. (a), (b). Pub. L. 101-512 substituted "sixteen
acres" for "ten acres" wherever appearing.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-2, 459f-4,
459f-5, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-2. Compensation for bridge construction costs;
acquisition of land for park purposes
-STATUTE-
(a) Bridge construction costs; compensation of State; limitation of
amount
If the bridge from Sandy Point to Assateague Island is operated
by the State of Maryland as a toll-free facility, the Secretary is
authorized and directed to compensate said State in the amount of
two-thirds of the cost of constructing the bridge, including the
cost of bridge approaches, engineering, and all other related
costs, but the total amount of such compensation shall be not more
than $1,000,000; and he is authorized to enter into agreements with
the State of Maryland relating to the use and management of the
bridge.
(b) Acquisition or lease of Federal lands for State park purposes;
terms and conditions; reversion upon noncompliance; consideration
for lease; amount of payment for conveyance of title and
improvements; limitation of reimbursement for beach protection
The State of Maryland shall have the right to acquire or lease
from the United States such lands, or interests therein, on the
island north of the area now used as a State park as the State may
from time to time determine to be needed for State park purposes,
and the Secretary is authorized and directed to convey or lease
such lands, or interests therein, to the State for such purposes
upon terms and conditions which he deems will assure it public use
in harmony with the purposes of sections 459f to 459f-11 of this
title. In the event any of such terms and conditions are not
complied with, all the property, or any portion thereof, shall, at
the option of the Secretary, revert to the United States, in its
then existing condition. Any lease hereunder shall be for such
consideration as the Secretary deems equitable; and any conveyance
of title to land hereunder may be made only upon payment by the
State of such amounts of money as were expended by the United
States to acquire such land, or interests therein, and upon
payments of such amounts as will reimburse the United States for
the cost of any improvements placed thereon by the United States,
including the cost to it of beach protection: Provided, That
reimbursement for beach protection shall not exceed 30 per centum,
as determined by the Secretary, of the total cost of the United
States of such protection work.
-SOURCE-
(Pub. L. 89-195, Sec. 3, Sept. 21, 1965, 79 Stat. 825.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-1, 459f-4,
459f-5, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-3. Establishment of Seashore; notice in Federal Register
-STATUTE-
When the Secretary determines that land, water areas, or
interests therein within the area generally depicted on the map
referred to in section 459f of this title are owned or have been
acquired by the United States in sufficient quantities to provide
an administrable unit, he shall declare the establishment of the
Assateague Island National Seashore by publication of notice
thereof in the Federal Register. Such notice shall contain a
refined description or map of the boundaries of the seashore as the
Secretary may find desirable, and the exterior boundaries shall
encompass an area as nearly as practicable identical to the area
described in section 459f of this title.
-SOURCE-
(Pub. L. 89-195, Sec. 4, Sept. 21, 1965, 79 Stat. 825.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-1, 459f-2,
459f-4, 459f-5, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-4. Hunting and fishing provisions
-STATUTE-
The Secretary shall permit hunting and fishing on land and waters
under his control within the seashore in accordance with the
appropriate State laws, to the extent applicable, except that the
Secretary may designate zones where, and establish periods when, no
hunting or fishing shall be permitted for reasons of public safety,
administration, fish or wildlife management or public use and
enjoyment: Provided, That nothing in sections 459f to 459f-11 of
this title, shall limit or interfere with the authority of the
States to permit or to regulate shellfishing in any waters included
in the national seashore: Provided further, That nothing in said
sections shall add to or limit the authority of the Federal
Government in its administration of Federal laws regulating
migratory waterfowl. Except in emergencies, any regulations of the
Secretary pursuant to this section shall be put into effect only
after consultation with the appropriate State agency responsible
for hunting and fishing activities. The provisions of this section
shall not apply to the Chincoteague National Wildlife Refuge.
-SOURCE-
(Pub. L. 89-195, Sec. 5, Sept. 21, 1965, 79 Stat. 826.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-1, 459f-2,
459f-5, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-5. Administration of Seashore
-STATUTE-
(a) Public outdoor recreation and enjoyment; utilization of other
authorities
Except as provided in subsection (b) of this section, the
Secretary shall administer the Assateague Island National Seashore
for general purposes of public outdoor recreation, including
conservation of natural features contributing to public enjoyment.
In the administration of the seashore and the administrative site
the Secretary may utilize such statutory authorities relating to
areas administered and supervised by the Secretary through the
National Park Service and such statutory authority otherwise
available to him for the conservation and management of natural
resources as he deems appropriate to carry out the purposes of
sections 459f to 459f-11 of this title.
(b) Refuge land and waters; application of national wildlife refuge
provisions; public recreation uses in accordance with provisions
for national conservation recreational areas
Notwithstanding any other provision of sections 459f to 459f-11
of this title, land and waters in the Chincoteague National
Wildlife Refuge, which are a part of the seashore, shall be
administered for refuge purposes under laws and regulations
applicable to national wildlife refuges, including administration
for public recreation uses in accordance with the provisions of the
Act of September 28, 1962 (Public law 87-714; 76 Stat. 653) [16
U.S.C. 460k et seq.].
(c) Cooperative agreements and technical assistance to protect
seashore resources
The Secretary is authorized to enter into cooperative agreements
with local, State, and Federal agencies and with educational
institutions and nonprofit entities to coordinate research designed
to ensure full protection of the natural and cultural resources of
the seashore, consistent with the purposes for which the seashore
was established, and other applicable law. The Secretary is also
authorized to provide technical assistance to local, State, and
Federal agencies and to educational institutions and non-profit
entities in order to further such purposes. The Secretary shall
submit a report every two years to the Congress on the results of
the coordinated research program authorized by this section and
plans to implement the recommendations arising from such research.
-SOURCE-
(Pub. L. 89-195, Sec. 6, Sept. 21, 1965, 79 Stat. 826; Pub. L.
102-320, Sec. 1(5), July 10, 1992, 106 Stat. 321.)
-REFTEXT-
REFERENCES IN TEXT
Act of September 28, 1962, referred to in subsec. (b), popularly
known as the Refuge Recreation Act, is classified generally to
subchapter LXVIII (Sec. 460k et seq.) of this chapter.
-MISC1-
AMENDMENTS
1992 - Subsec. (c). Pub. L. 102-320 added subsec. (c).
DESIGNATION OF CENTER TO HONOR HERBERT H. BATEMAN
Pub. L. 106-480, Nov. 9, 2000, 114 Stat. 2186, provided that:
"SECTION 1. DESIGNATION.
"A building proposed to be located within the boundaries of the
Chincoteague National Wildlife Refuge, on Assateague Island,
Virginia, shall be known and designated as the 'Herbert H. Bateman
Education and Administrative Center'.
"SEC. 2. REFERENCES.
"Any reference in a law, map, regulation, document, paper, or
other record of the United States to the building referred to in
section 1 shall be deemed to be a reference to the 'Herbert H.
Bateman Education and Administrative Center'."
Similar provisions were contained in Pub. L. 106-369, Sec. 8,
Oct. 27, 2000, 114 Stat. 1419.
Pub. L. 106-291, title I, Sec. 141, Oct. 11, 2000, 114 Stat. 949,
provided that the building housing the visitors center within the
boundaries of the Chincoteague National Wildlife Refuge on
Assateague Island, Virginia, was to be known and designated as the
"Herbert H. Bateman Educational and Administrative Center".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-1, 459f-2,
459f-4, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-6. Repealed. Pub. L. 94-578, title III, Sec. 301, Oct.
21, 1976, 90 Stat. 2733
-MISC1-
Section, Pub. L. 89-195, Sec. 7, Sept. 21, 1965, 79 Stat. 826,
made provision for the construction of overnight and other public
accommodation facilities, land selection and land fill, concession
facilities, and the promulgation of rules and regulations covering
those areas by the Secretary of the Interior. See section 459f-11
of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-7. Beach erosion control and hurricane protection
-STATUTE-
The Secretary of the Interior and the Secretary of the Army shall
cooperate in the study and formulation of plans for beach erosion
control and hurricane protection of the seashore; and any such
protective works that are undertaken by the Chief of Engineers,
Department of the Army, shall be carried out in accordance with a
plan that is acceptable to the Secretary of the Interior and is
consistent with the purposes of sections 459f to 459f-11 of this
title.
-SOURCE-
(Pub. L. 89-195, Sec. 8, Sept. 21, 1965, 79 Stat. 827.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-1, 459f-2,
459f-4, 459f-5, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-8. Repealed. Pub. L. 94-578, title III, Sec. 301, Oct.
21, 1976, 90 Stat. 2733
-MISC1-
Section, Pub. L. 89-195, Sec. 9, Sept. 21, 1965, 79 Stat. 827,
authorized and directed the Secretary of the Interior to construct
and maintain a road from the Chincoteague-Assateague Island Bridge
to an area in the wildlife refuge that he deemed appropriate for
recreation purposes and to acquire the necessary lands and
rights-of-way for a road from the Chincoteague-Assateague Island
Bridge to the Sandy Point-Assateague Bridge. See section 459f-11 of
this title.
-End-
-CITE-
16 USC Sec. 459f-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459f-9. Public utility facilities; purchase of facilities
without value to utility; amount of payment
-STATUTE-
The Secretary of the Interior is authorized to purchase from a
public utility any facilities of that utility which are no longer
of value to it as a result of the establishment of the Assateague
Island National Seashore and shall pay for such facilities in
amount equal to the cost of constructing such facilities less
depreciation.
-SOURCE-
(Pub. L. 89-195, Sec. 10, Sept. 21, 1965, 79 Stat. 827.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459f, 459f-1, 459f-2,
459f-4, 459f-5, 459f-7, 459f-10 of this title.
-End-
-CITE-
16 USC Sec. 459f-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459f-10. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated the sum of not
more than $22,400,000 (including such sums, together with interest,
as may be necessary to satisfy final judgments rendered against the
United States) for the acquisition of lands and interests in land
and such sums as may be necessary for the development of the area
authorized under sections 459f to 459f-11 of this title.
-SOURCE-
(Pub. L. 89-195, Sec. 11, Sept. 21, 1965, 79 Stat. 827; Pub. L.
92-272, title I, Sec. 101(1), Apr. 11, 1972, 86 Stat. 120; Pub. L.
94-578, title I, Sec. 101(2), Oct. 21, 1976, 90 Stat. 2732.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-578 substituted "$22,400,000" for
"$21,050,000".
1972 - Pub. L. 92-272 substituted "$21,050,000 (including such
sums, together with interest, as may be necessary to satisfy final
judgments rendered against the United States)" for "$16,250,000". (continued)