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(continued)
-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 of this title.
-End-
-CITE-
16 USC Sec. 459f-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. 459f-11. Comprehensive plan for protection, management, and
use of seashore
-STATUTE-
(a) Contents; transmittal to Congressional committees
Within two years of October 21, 1976, the Secretary shall develop
and transmit to the Committees on Interior and Insular Affairs of
the Senate and the House of Representatives a comprehensive plan
for the protection, management, and use of the seashore, to include
but not be limited to the following considerations:
(1) measures for the full protection and management of the
natural resources and natural ecosystems of the seashore;
(2) present and proposed uses of the seashore and the lands and
waters adjacent or related thereto, the uses of which would
reasonably be expected to influence the administration, use, and
environmental quality of the seashore;
(3) plans for the development of facilities necessary and
appropriate for visitor use and enjoyment of the seashore, with
identification of resource and user carrying capacities, along
with the anticipated costs for all proposed development;
(4) plans for visitor transportation systems integrated and
coordinated with lands and facilities adjacent to, but outside
of, the seashore; and
(5) plans for fostering the development of cooperative
agreements and land and resource use patterns outside the
seashore which would be compatible with the protection and
management of the seashore.
(b) Consultation by other Federal agencies with Secretary
Notwithstanding any other provision of law, no Federal loan,
grant, license, or other form of assistance for any project which,
in the opinion of the Secretary would significantly adversely
affect the administration, use, and environmental quality of the
seashore shall be made, issued, or approved by the head of any
Federal agency without first consulting with the Secretary to
determine whether or not such project is consistent with the plan
developed pursuant to this section and allowing him at least thirty
days to comment in writing on such proposed action.
-SOURCE-
(Pub. L. 89-195, Sec. 12, as added Pub. L. 94-578, title III, Sec.
301, Oct. 21, 1976, 90 Stat. 2733.)
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. 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.
-End-
-CITE-
16 USC Sec. 459g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459g. Cape Lookout National Seashore; purposes; authorization
for establishment; description of area
-STATUTE-
In order to preserve for public use and enjoyment an area in the
State of North Carolina possessing outstanding natural and
recreational values, there is hereby authorized to be established
the Cape Lookout National Seashore (hereinafter referred to as
"seashore"), which shall comprise the lands and adjoining
marshlands and waters on the outer banks of Carteret County, North
Carolina, between Ocracoke Inlet and Beaufort Inlet, as generally
depicted on the map entitled "Boundary Map, Cape Lookout National
Seashore", dated March 1974, and numbered 623-20,009, which is on
file in the Office of the National Park Service, Department of the
Interior.
-SOURCE-
(Pub. L. 89-366, Sec. 1, Mar. 10, 1966, 80 Stat. 33; Pub. L.
93-477, title IV, Sec. 406(1), Oct. 26, 1974, 88 Stat. 1448.)
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-477 substituted " 'Boundary Map, Cape Lookout
National Seashore', dated March 1974, and numbered 623-20,009" for
" 'Proposed Boundaries - Proposed Cape Lookout National Seashore',
dated April 1964, and numbered NS-CL-7101-B", and struck out
proviso relating to certain property not to be included in
seashore.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-2, 459g-4,
459g-5, 459g-7 of this title.
-End-
-CITE-
16 USC Sec. 459g-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. 459g-1. Acquisition of property
-STATUTE-
(a) Transfer from Federal agency to administrative jurisdiction of
Secretary; non-Federal lands
Notwithstanding any other provision of law, Federal property
located within the boundaries of the Cape Lookout National Seashore
may, with the concurrence of the agency having custody thereof, be
transferred to the administrative jurisdiction of the Secretary of
the Interior for the purposes of the seashore. Such transfer shall
be made without transfer of funds. Lands owned by the State of
North Carolina or any political subdivision thereof may be acquired
only by donation, but the Secretary may, subject to the provisions
of section 459g-6 of this title, acquire any other non-Federal
lands, marshlands, waters, or interests therein which are located
within the boundaries of the seashore by donation, purchase with
donated or appropriated funds, or exchange. Notwithstanding any
other provision of law, the Secretary may accept any lands donated
by the State of North Carolina subject to a provision for reversion
to the State conditioned upon continued use of the property for
national seashore purposes. Land donated by the State of North
Carolina pursuant to this subsection shall constitute consideration
for the transfer by the United States of 1.5 acres of land that is
to be used as a site for a public health facility in the village of
Hatteras, Dare County, North Carolina.
(b) Exchange of property; cash equalization payments
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 in the State of North Carolina under his jurisdiction
which he classifies as proper for exchange or other disposition.
Failing to effectuate an exchange of properties of approximately
equal fair market value, 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.
(c) Owner's reservation of right of use and occupancy for
residential purposes for life or fixed term of years; exclusion
of property necessary for public use and access; election of term
Any person who on January 1, 1966, owned property which on July
1, 1963, was developed and used for noncommercial residential
purposes may reserve for himself and his assigns, as a condition to
the purchase or acquisition by exchange of such property by the
Secretary, a right of use and occupancy of the residence and not in
excess of three acres of land on which the residence is situated,
for noncommercial residential purposes for a term ending at the
death of the owner, or the death of his spouse, or the death of
either of them, or, in lieu thereof, for a definite term not to
exceed twenty-five years: Provided, That the Secretary may exclude
from such reserved property any marsh, beach, or waters, together
with so much of the land adjoining such marsh, beach, or waters as
he deems necessary for public access thereto. The owner shall elect
the term of the right to be reserved. The Secretary is authorized
to accept donations of property for purposes of the seashore in
which a right of use and occupancy for noncommercial residential
purposes is reserved for the period stated in this subsection if
the land on which the residence is situated and to which the right
attaches is not in excess of three acres and there is excluded from
the reserved property such marsh, beach, or waters and adjoining
land as the Secretary deems necessary for public use and access
thereto.
(d) Termination of use and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right
A right of use and occupancy reserved in lands that are donated
or otherwise acquired pursuant to this section shall be subject to
termination by the Secretary upon his determination that such use
and occupancy is being exercised in a manner not consistent with
the purposes of sections 459g to 459g-7 of this title and upon
tender to the holder of the right of an amount equal to the fair
market value of that portion of the right which remains unexpired
on the date of termination.
(e) Administrative site; landing dock and related approach or
access facilities
The Secretary of the Interior is authorized to purchase with
donated or appropriated funds, or acquire by exchange, not to
exceed one hundred acres of lands or interests in lands at or near
Beaufort, North Carolina, as an administrative site, and for a
landing dock and related facilities that may be used to provide a
suitable approach or access to the seashore.
-SOURCE-
(Pub. L. 89-366, Sec. 2, Mar. 10, 1966, 80 Stat. 34; Pub. L.
93-477, title IV, Sec. 406(2), Oct. 26, 1974, 88 Stat. 1448.)
-MISC1-
AMENDMENTS
1974 - Subsec. (a). Pub. L. 93-477 substituted provisions
relating to acquisition by donation of lands owned by the State of
North Carolina and acquisition by donation, purchase or exchange of
non-Federal lands, marshlands, etc., and acceptance of lands
donated by North Carolina, for provisions relating to acquisition
of non-Federal lands, marshlands, etc., by donation only and
acquisition by exchange lands comprising the Shackleford Banks.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-2, 459g-4, 459g-5,
459g-7 of this title.
-End-
-CITE-
16 USC Sec. 459g-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. 459g-2. Establishment; notice in Federal Register; copies to
Congress
-STATUTE-
When title to lands and interests in lands in an amount
sufficient to constitute an efficiently administerable (!1) unit
for the purposes of sections 459g to 459g-7 of this title is vested
in the United States, the Secretary shall declare the establishment
of the 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 such exterior boundaries shall encompass, as nearly as
possible, the area generally described in section 459g of this
title. Copies of said description or map shall be furnished to the
Speaker of the House and the President of the Senate not less than
thirty days prior to publication in the Federal Register. Following
such establishment, and subject to the limitations and conditions
prescribed in sections 459g to 459g-7 of this title, the Secretary
may, subject to the provisions of section 459g-1 of this title,
acquire the remainder of the lands and interests in lands within
the boundaries of the seashore.
-SOURCE-
(Pub. L. 89-366, Sec. 3, Mar. 10, 1966, 80 Stat. 35; Pub. L.
93-477, title IV, Sec. 406(3), Oct. 26, 1974, 88 Stat. 1448.)
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-477 substituted "in an amount sufficient to
constitute an efficiently administerable [sic] unit for the
purposes of sections 459g to 459g-7 of this title" for "which under
section 459g-1(a) of this title may be acquired for the purposes of
the seashore by donation only", and "establishment of the seashore
by publication" for "establishment of the Cape Lookout National
Seashore by publication".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-4, 459g-5,
459g-7 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "administrable".
-End-
-CITE-
16 USC Sec. 459g-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. 459g-3. Hunting and fishing provisions
-STATUTE-
The Secretary shall permit hunting and fishing, including
shellfishing, on lands, marshlands, and waters under his
jurisdiction within the Cape Lookout National Seashore in
accordance with the laws of the State of North Carolina and the
United States, 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. Except in emergencies, any rules and regulations of the
Secretary pursuant to this section shall be put into effect only
after consultation with the North Carolina Wildlife Resources
Commission and the North Carolina Department of Conservation and
Development.
-SOURCE-
(Pub. L. 89-366, Sec. 4, Mar. 10, 1966, 80 Stat. 35.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-2, 459g-4,
459g-5, 459g-7 of this title.
-End-
-CITE-
16 USC Sec. 459g-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. 459g-4. Administration; public outdoor recreation and
enjoyment; utilization of authorities for conservation and
development of natural resources
-STATUTE-
(a) The Secretary shall administer the Cape Lookout National
Seashore for the 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
authorities otherwise available to him for the conservation and
management of natural resources as he deems appropriate to carry
out the purposes of sections 459g to 459g-7 of this title.
(b)(1) The Secretary, in accordance with this subsection, shall
allow a herd of 100 free roaming horses in Cape Lookout National
Seashore (hereinafter referred to as the "Seashore"): Provided,
That nothing in this section shall be construed to preclude the
Secretary from implementing or enforcing the provisions of
paragraph (3).
(2) Within 180 days after enactment of this subsection, the
Secretary shall enter into an agreement with the Foundation for
Shackleford Horses (a nonprofit corporation established under the
laws of the State of North Carolina), or another qualified
nonprofit entity, to provide for management of free roaming horses
in the seashore. The agreement shall -
(A) provide for cost-effective management of the horses while
ensuring that natural resources within the seashore are not
adversely impacted; and
(B) allow the authorized entity to adopt any of those horses
that the Secretary removes from the seashore.
(3) The Secretary shall not remove, assist in, or permit the
removal of any free roaming horses from Federal lands within the
boundaries of the seashore -
(A) unless the entity with whom the Secretary has entered into
the agreement under paragraph (2), following notice and a 90-day
response period, fails to meet the terms and conditions of the
agreement; or
(B) unless the number of free roaming horses on Federal lands
within Cape Lookout National Seashore exceeds 110; or
(C) except in the case of an emergency, or to protect public
health and safety.
(4) The Secretary shall annually monitor, assess, and make
available to the public findings regarding the population,
structure, and health of the free roaming horses in the national
seashore.
(5) Nothing in this subsection shall be construed to require the
Secretary to replace horses or otherwise increase the number of
horses within the boundaries of the seashore where the herd numbers
fall below 100 as a result of natural causes, including, but not
limited to, disease or natural disasters.
(6) Nothing in this subsection shall be construed as creating
liability for the United States for any damages caused by the free
roaming horses to property located inside or outside the boundaries
of the seashore.
-SOURCE-
(Pub. L. 89-366, Sec. 5, Mar. 10, 1966, 80 Stat. 35; Pub. L.
105-202, Sec. 2, July 16, 1998, 112 Stat. 676; Pub. L. 105-229,
Sec. 1, Aug. 13, 1998, 112 Stat. 1517.)
-REFTEXT-
REFERENCES IN TEXT
Enactment of this subsection, referred to in subsec. (b)(2), is
the date of enactment of Pub. L. 105-202, which was approved July
16, 1998, and Pub. L. 105-229, which was approved Aug. 13, 1998.
-MISC1-
AMENDMENTS
1998 - Pub. L. 105-202 and Pub. L. 105-229 amended section
identically, designating existing provisions as subsec. (a) and
adding subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-2, 459g-5,
459g-7 of this title.
-End-
-CITE-
16 USC Sec. 459g-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. 459g-5. Shore erosion control or beach protection measures
-STATUTE-
The authority of the Chief of Engineers, Department of the Army,
to undertake or contribute to shore erosion control or beach
protection measures within the Cape Lookout 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 459g to 459g-7 of
this title.
-SOURCE-
(Pub. L. 89-366, Sec. 6, Mar. 10, 1966, 80 Stat. 35.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-2, 459g-4,
459g-7 of this title.
-End-
-CITE-
16 USC Sec. 459g-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. 459g-6. Preservation and designation as wilderness; review of
area by Secretary; report to President
-STATUTE-
On or before January 1, 1978, the Secretary shall review the area
within the seashore and shall report to the President, in
accordance with section 1132(c) and (d) of this title, his
recommendations as to the suitability or nonsuitability of any area
within the seashore for preservation as wilderness, and any
designation of any such areas as a wilderness shall be accomplished
in accordance with section 1132(c) and (d) of this title.
-SOURCE-
(Pub. L. 89-366, Sec. 7, Mar. 10, 1966, 80 Stat. 35; Pub. L.
93-477, title IV, Sec. 406(4), Oct. 26, 1974, 88 Stat. 1449.)
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-477 substituted provisions authorizing review
of area and report to the President by the Secretary with regard to
suitability of area for preservation as wilderness for provisions
authorizing appropriations.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-2, 459g-4,
459g-5, 459g-7 of this title.
-End-
-CITE-
16 USC Sec. 459g-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. 459g-7. Authorization of appropriations; master plan to
Congressional committees; time; contents
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of sections 459g to 459g-7
of this title, not to exceed $13,903,000 for acquisition of lands
and interests therein, of which no more than $1,000,000 may be
expended for acquisition of lands owned by Core Banks Club
Properties, Incorporated. For development of essential public
facilities there are authorized to be appropriated not more than
$2,935,000. On or before January 1, 1978, the Secretary shall
develop and transmit to the Committees on Interior and Insular
Affairs of the United States Congress a final master plan for the
full development of the seashore consistent with the preservation
objectives of sections 459g to 459g-7 of this title, indicating -
(1) the facilities needed to accommodate the health, safety and
recreation needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
seashore.
-SOURCE-
(Pub. L. 89-366, Sec. 8, as added Pub. L. 93-477, title IV, Sec.
406(5), Oct. 26, 1974, 88 Stat. 1449; amended Pub. L. 98-141, Sec.
4, Oct. 31, 1983, 97 Stat. 909.)
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. 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.
-MISC1-
AMENDMENTS
1983 - Pub. L. 98-141 substituted "$13,903,000" for "$7,903,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459g-1, 459g-2, 459g-4,
459g-5 of this title.
-End-
-CITE-
16 USC Sec. 459h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459h. Gulf Islands National Seashore
-STATUTE-
(a) Establishment
In order to preserve for public use and enjoyment certain areas
possessing outstanding natural, historic, and recreational values,
the Secretary of the Interior (hereinafter referred to as the
"Secretary") may establish and administer the Gulf Islands National
Seashore (hereinafter referred to as the "seashore").
(b) Composition
(1) In general
The seashore shall comprise the areas described in paragraphs
(2) and (3).
(2) Areas included in boundary plan numbered NS-GI-7100J
The areas described in this paragraph are the following gulf
coast islands and mainland areas, together with adjacent water
areas as generally depicted on the drawing entitled "Proposed
Boundary Plan, Proposed Gulf Islands National Seashore," numbered
NS-GI-7100J, and dated December 1970:
(A) Ship, Petit Bois, and Horn Islands in Mississippi;
(B) the eastern portion of Perdido Key in Florida;
(C) Santa Rosa Island in Florida;
(D) the Naval Live Oaks Reservation in Florida;
(E) Fort Pickens and the Fort Pickens State Park in Florida;
and
(F) a tract of land in the Pensacola Naval Air Station in
Florida that includes the Coast Guard Station and Lighthouse,
Fort San Carlos, Fort Barrancas, and Fort Redoubt and
sufficient surrounding land for proper administration and
protection of the historic resources.
(3) Cat Island
Upon its acquisition by the Secretary, the area described in
this paragraph is the parcel consisting of approximately 2,000
acres of land on Cat Island, Mississippi, as generally depicted
on the map entitled "Boundary Map, Gulf Islands National
Seashore, Cat Island, Mississippi", numbered 635/80085, and dated
November 9, 1999 (referred to in sections 459h to 459h-10 of this
title (!1) as the "Cat Island Map").
(4) Availability of Map
The Cat Island Map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
-SOURCE-
(Pub. L. 91-660, Sec. 1, Jan. 8, 1971, 84 Stat. 1967; Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 137(a)], Dec. 21,
2000, 114 Stat. 2763, 2763A-231.)
-REFTEXT-
REFERENCES IN TEXT
Sections 459h to 459h-10 of this title, referred to in subsec.
(b)(3), was in the original "this title", and was translated as
reading "this Act", meaning Pub. L. 91-660, which enacted sections
459h to 459h-10 of this title, to reflect the probable intent of
Congress, because Pub. L. 91-660 does not contain titles.
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-554 inserted section catchline and subsec. (a)
designation and heading, substituted "In order" for "That, in
order", inserted subsec. (b) designation and heading, added par.
(1), inserted par. (2) designation and heading and substituted "The
areas described in this paragraph are" for "The seashore shall
comprise", redesignated former pars. (1) to (6) as subpars. (A) to
(F), respectively, of par. (2), realigned margins, and added pars.
(3) and (4).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h-1, 459h-2, 459h-4,
459h-5, 459h-6, 459h-8, 459h-9 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-1. Acquisition of property
-STATUTE-
(a) Authority of Secretary; concurrence of State owner;
administrative site and related facilities; transfer from Federal
agency to administrative jurisdiction of Secretary
Within the boundaries of the seashore, the Secretary may acquire
submerged land, land, waters, and interests therein by donation,
purchase with donated or appropriated funds, or exchange, except
that property owned by a State or any political subdivision thereof
may be acquired only with the consent of the owner. The Secretary
may acquire by any of the above methods not more than four hundred
acres of land or interests therein outside of the seashore
boundaries on the mainland in the vicinity of Biloxi-Gulfport,
Mississippi, for an administrative site and related facilities for
access to the seashore. With the concurrence of the agency having
custody thereof, any Federal property within the seashore and
mainland site may be transferred without consideration to the
administrative jurisdiction of the Secretary for the purposes of
the seashore.
(b) Improved residential property owner's reservation of right of
use and occupancy for residential purposes for life or fixed term
of years; election by owner; transfer or assignment of right;
adjustment of compensation
With respect to improved residential property acquired for the
purposes of sections 459h to 459h-10 of this title, which is
beneficially owned by a natural person and which the Secretary of
the Interior determines can be continued in that use for a limited
period of time without undue interference with the administration,
development, or public use of the seashore, the owner thereof may
on the date of its acquisition by the Secretary retain a right of
use and occupancy of the property for noncommercial residential
purposes for a term, as the owner may elect, ending either (1) at
the death of the owner or his spouse, whichever occurs later, or
(2) not more than twenty-five years from the date of acquisition.
Any right so retained may during its existence be transferred or
assigned. The Secretary shall pay to the owner the fair market
value of the property on the date of such acquisition, less their
fair market value on such date of the right retained by the owner.
(c) "Improved residential property" defined
As used in sections 459h to 459h-10 of this title, "improved
residential property" means a single-family year-round dwelling,
the construction of which began before January 1, 1967, and which
serves as the owner's permanent place of abode at the time of its
acquisition by the United States, together with not more than three
acres of land on which the dwelling and appurtenant buildings are
located that the Secretary finds is reasonably necessary for the
owner's continued use and occupancy of the dwelling: Provided, That
the Secretary may exclude from improved residential property any
marsh, beach, or waters and adjoining land that the Secretary deems
is necessary for public access to such marsh, beach, or waters.
(d) Termination of use and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459h to 459h-10 of this title, and upon tender
to the holder 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.
(e) Acquisition authority
(1) In general
The Secretary may acquire, from a willing seller only -
(A) all land comprising the parcel described in subsection
(b)(3) (!1) that is above the mean line of ordinary high tide,
lying and being situated in Harrison County, Mississippi;
(B) an easement over the approximately 150-acre parcel
depicted as the "Boddie Family Tract" on the Cat Island Map for
the purpose of implementing an agreement with the owners of the
parcel concerning the development and use of the parcel; and
(C)(i) land and interests in land on Cat Island outside the
2,000-acre area depicted on the Cat Island Map; and
(ii) submerged land that lies within 1 mile seaward of Cat
Island (referred to in sections 459h to 459h-10 of this title
(!1) as the "buffer zone"), except that submerged land owned by
the State of Mississippi (or a subdivision of the State) may be
acquired only by donation.
(2) Administration
(A) In general
Land and interests in land acquired under this subsection
shall be administered by the Secretary, acting through the
Director of the National Park Service.
(B) Buffer zone
Nothing in sections 459h to 459h-10 of this title (!1) or any
other provision of law shall require the State of Mississippi
to convey to the Secretary any right, title, or interest in or
to the buffer zone as a condition for the establishment of the
buffer zone.
(3) Modification of boundary
The boundary of the seashore shall be modified to reflect the
acquisition of land under this subsection only after completion
of the acquisition.
-SOURCE-
(Pub. L. 91-660, Sec. 2, Jan. 8, 1971, 84 Stat. 1967; Pub. L.
92-275, Sec. 1(1), Apr. 20, 1972, 86 Stat. 123; Pub. L. 106-554,
Sec. 1(a)(4) [div. B, title I, Sec. 137(b)], Dec. 21, 2000, 114
Stat. 2763, 2763A-231.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (b)(3), referred to in subsec. (e)(1)(A), probably
means subsection (b)(3) of section 459h of this title. Subsection
(b) of this section does not contain a par. (3).
Sections 459h to 459h-10 of this title, referred to in subsec.
(e)(1)(C)(ii), (2)(B), was in the original "this title", and was
translated as reading "this Act", meaning Pub. L. 91-660, which
enacted sections 459h to 459h-10 of this title, to reflect the
probable intent of Congress, because Pub. L. 91-660 does not
contain titles.
-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
I, Sec. 137(b)(1)], substituted "submerged land, land," for
"lands," in first sentence.
Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec.
137(b)(2)], added subsec. (e).
1972 - Subsec. (a). Pub. L. 92-275 increased amount of property
authorized to be acquired from one hundred thirty-five to four
hundred acres.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-2, 459h-4,
459h-5, 459h-6, 459h-8, 459h-9 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-2. Designation of hunting and fishing zones; regulation
of maritime activities
-STATUTE-
(a) In general
The Secretary shall permit hunting and fishing on lands and
waters within the seashore in accordance with applicable Federal
and States laws: Provided, That he may designate zones where, and
establish periods when, no hunting or fishing will be permitted for
reasons of public safety, administration, fish or wildlife
management, or public use and enjoyment. Except in emergencies, any
regulations issued by the Secretary pursuant to this section shall
be put into effect only after consultation with the appropriate
State agencies responsible for hunting and fishing activities.
(b) No authority to regulate maritime activities
Nothing in sections 459h to 459h-10 of this title (!1) or any
other provision of law shall affect any right of the State of
Mississippi, or give the Secretary any authority, to regulate
maritime activities, including nonseashore fishing activities
(including shrimping), in any area that, on December 21, 2000, is
outside the designated boundary of the seashore (including the
buffer zone).
-SOURCE-
(Pub. L. 91-660, Sec. 3, Jan. 8, 1971, 84 Stat. 1968; Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 137(c)], Dec. 21,
2000, 114 Stat. 2763, 2763A-232.)
-REFTEXT-
REFERENCES IN TEXT
Sections 459h to 459h-10 of this title, referred to in subsec.
(b), was in the original "this title", and was translated as
reading "this Act", meaning Pub. L. 91-660, which enacted sections
459h to 459h-10 of this title, to reflect the probable intent of
Congress, because Pub. L. 91-660 does not contain titles.
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-554 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-4,
459h-5, 459h-6, 459h-8, 459h-9 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-3. Rights-of-way or easements for transportation of oil
and gas minerals
-STATUTE-
Any acquisition of lands, waters, or interests therein shall not
diminish any existing rights-of-way or easements which are
necessary for the transportation of oil and gas minerals through
the seashore which oil and gas minerals are removed from outside
the boundaries thereof; and, the Secretary, subject to appropriate
regulations for the protection of the natural and recreational
values for which the seashore is established, shall permit such
additional rights-of-way or easements as he deems necessary and
proper.
-SOURCE-
(Pub. L. 91-660, Sec. 4, Jan. 8, 1971, 84 Stat. 1968.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-2,
459h-4, 459h-5, 459h-6, 459h-8, 459h-9 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-4. Administration of seashore; conservation and
management of wildlife and natural resources; authority to
designate areas as national historic sites; agreements
-STATUTE-
(a) In general
Except as otherwise provided in sections 459h to 459h-10 of this
title, the Secretary shall administer the seashore in accordance
with sections 1, 2, 3, and 4 of this title, as amended and
supplemented. In the administration of the seashore the Secretary
may utilize such statutory authorities available to him for the
conservation and management of wildlife natural resources as he
deems appropriate to carry out the purposes of sections 459h to
459h-10 of this title. With respect to Fort Redoubt, Fort San
Carlos, Fort Barrancas at Pensacola Naval Air Station, Fort Pickens
on Santa Rosa Island, and Fort McRee on Perdido Key, Florida, and
Fort Massachusetts on Ship Island, Mississippi, together with such
adjacent lands as the Secretary may designate, the Secretary shall
administer such lands so as to recognize, preserve, and interpret
their national historical significance in accordance with sections
461 to 467 of this title, and he may designate them as national
historic sites.
(b) Agreements
(1) In general
The Secretary may enter into agreements -
(A) with the State of Mississippi for the purposes of
managing resources and providing law enforcement assistance,
subject to authorization by State law, and emergency services
on or within any land on Cat Island and any water and submerged
land within the buffer zone; and
(B) with the owners of the approximately 150-acre parcel
depicted as the "Boddie Family Tract" on the Cat Island Map
concerning the development and use of the land.
(2) No authority to enforce certain regulations
Nothing in this subsection authorizes the Secretary to enforce
Federal regulations outside the land area within the designated
boundary of the seashore.
-SOURCE-
(Pub. L. 91-660, Sec. 5, Jan. 8, 1971, 84 Stat. 1968; Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 137(d)], Dec. 21,
2000, 114 Stat. 2763, 2763A-232.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-554 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-2,
459h-5, 459h-6, 459h-8, 459h-9 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-5. Beach erosion control and hurricane protection; study
and formulation of plans; activities by Chief of Engineers,
Department of Army
-STATUTE-
The Secretary of the Interior and the Secretary of the Army may
cooperate in the study and formulation of plans for beach erosion
control and hurricane protection of the seashore. Any such
protective works or spoil deposit activities undertaken by the
Chief of Engineers, Department of the Army, shall be carried out
within the seashore in accordance with a plan that is acceptable to
the Secretary of the Interior and that is consistent with the
purposes of sections 459h to 459h-10 of this title.
-SOURCE-
(Pub. L. 91-660, Sec. 6, Jan. 8, 1971, 84 Stat. 1969.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-2,
459h-4, 459h-6, 459h-8, 459h-9 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-6. Transfer of Horn Island and Petit Bois National
Wildlife Refuges from National Wildlife Refuge System;
administration
-STATUTE-
There are hereby transferred from the National Wildlife Refuge
System to the seashore the Horn Island and Petit Bois National
Wildlife Refuges to be administered in accordance with the
provisions of sections 459h to 459h-10 of this title.
-SOURCE-
(Pub. L. 91-660, Sec. 7, Jan. 8, 1971, 84 Stat. 1969.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-2,
459h-4, 459h-5, 459h-8, 459h-9 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-7. Preservation of any area as wilderness; study and
report to President; procedure for designation of any area as a
wilderness
-STATUTE-
Within four years from January 8, 1971, the Secretary of the
Interior shall review the area within the Gulf Islands National
Seashore and shall report to the President, in accordance with
subsections (c) and (d) of section 1132 of this title, and
recommend as to the suitability or nonsuitability of any area
within the seashore for preservation as wilderness, and any
designation of any such area as a wilderness shall be accomplished
in accordance with said subsections.
-SOURCE-
(Pub. L. 91-660, Sec. 8, Jan. 8, 1971, 84 Stat. 1969.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-2,
459h-4, 459h-5, 459h-6, 459h-8, 459h-9 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-8. Authority of Department of Army or Chief of Engineers
over navigation or related matters
-STATUTE-
No provision of sections 459h to 459h-10 of this title, or of any
other Act made applicable thereby, shall be construed to affect,
supersede, or modify any authority of the Department of the Army or
the Chief of Engineers, with respect to navigation or related
matters except as specifically provided in section 459h-5 of this
title.
-SOURCE-
(Pub. L. 91-660, Sec. 9, Jan. 8, 1971, 84 Stat. 1969.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459h, 459h-1, 459h-2,
459h-4, 459h-5, 459h-6, 459h-9 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-9. Gulf Islands National Seashore Advisory Commission;
establishment; termination; membership; term; Chairman;
compensation and payment of expenses; consultation by Secretary
-STATUTE-
There is hereby established a Gulf Islands National Seashore
Advisory Commission. The Commission shall terminate ten years after
the date the seashore is established pursuant to sections 459h to
459h-10 of this title. The Commission shall be composed of three
members from each county in which the seashore is located, each
appointed for a term of two years by the Secretary as follows:
(1) one member to be appointed from recommendations made by the
county commissioners in the respective counties;
(2) one member to be appointed from recommendations made by the
Governor of the State from each county; and
(3) one member to be designated by the Secretary from each
county.
Provided, That two members shall be appointed to the Advisory
Commission in each instance in counties whose population exceeds
one hundred thousand.
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.
Members 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 459h to 459h-10 of this title on vouchers signed by
the Chairman.The Secretary or his designee shall, from time to time, consult (continued)