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(continued)
with the Commission with respect to the matters relating to the
development of the Gulf Islands National Seashore.
-SOURCE-
(Pub. L. 91-660, Sec. 10, Jan. 8, 1971, 84 Stat. 1969.)
-MISC1-
TERMINATION OF ADVISORY COMMISSIONS
Advisory commissions in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a commission established by the
President or an officer of the Federal Government, such commission
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a commission established by the
Congress, its duration is otherwise provided by law. See sections
3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set
out in the Appendix to Title 5, Government Organization and
Employees.
-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 of this title.
-End-
-CITE-
16 USC Sec. 459h-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. 459h-10. Authorization of appropriations
-STATUTE-
(a) In general
There are authorized to be appropriated not more than $22,162,000
for the acquisition of lands and interests in lands and not more
than $24,224,000 for development.
(b) Authorization for acquisition of land
In addition to the funds authorized by subsection (a) of this
section, there are authorized to be appropriated such sums as are
necessary to acquire land and submerged land on and adjacent to Cat
Island, Mississippi.
-SOURCE-
(Pub. L. 91-660, Sec. 11, Jan. 8, 1971, 84 Stat. 1970; Pub. L.
92-275, Sec. 1(2), Apr. 20, 1972, 86 Stat. 123; Pub. L. 94-578,
title I, Sec. 101(6), Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95-625,
title I, Sec. 101(13), Nov. 10, 1978, 92 Stat. 3471; Pub. L.
106-554, Sec. 1(a)(4) [div. B, title I, Sec. 137(e)], 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).
1978 - Pub. L. 95-625 substituted "$24,224,000 for development."
for "$17,774,000 (June 1970 prices) for development, plus or minus
such amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering cost
indices applicable to the types of construction involved herein."
1976 - Pub. L. 94-578 substituted "$22,162,000" for "$3,462,000".
1972 - Pub. L. 92-275 increased appropriations authorization for
lands and land interests from $3,120,000 to $3,462,000 and for
development from $14,779,000 (1970 prices) to $17,774,000 (June
1970 prices).
-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. 459i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459i. Cumberland Island National Seashore; establishment;
boundary revisions: notification of Congressional committees,
publication in Federal Register
-STATUTE-
In order to provide for public outdoor recreation use and
enjoyment of certain significant shoreline lands and waters of the
United States, and to preserve related scenic, scientific, and
historical values, there is established in the State of Georgia the
Cumberland Island National Seashore (hereinafter referred to as the
"seashore") consisting of the area generally depicted on the
drawing entitled "Boundary Map, Cumberland Island National
Seashore", numbered CUIS 40,000E, and dated January 1978, which
shall be on file and available for public inspection in the offices
of the National Park Service, Department of the Interior. The
Secretary of the Interior (hereinafter referred to as the
"Secretary") may after notifying the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives in writing, make minor
adjustments in the boundary of the seashore from time to time by
publication of a revised drawing or other boundary description in
the Federal Register, but the total acreage within the boundaries
shall not exceed forty thousand five hundred acres.
-SOURCE-
(Pub. L. 92-536, Sec. 1, Oct. 23, 1972, 86 Stat. 1066; Pub. L.
95-625, title III, Sec. 323, Nov. 10, 1978, 92 Stat. 3489; Pub. L.
98-170, Nov. 29, 1983, 97 Stat. 1116; Pub. L. 103-437, Sec. 6(l),
Nov. 2, 1994, 108 Stat. 4586.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives" for "Committees on
Interior and Insular Affairs of the United States House of
Representatives and United States Senate".
1983 - Pub. L. 98-170 substituted "CUIS 40,000E" for "CUIS
40,000D".
1978 - Pub. L. 95-625 substituted reference to Boundary Map
"numbered CUIS 40,000D, and dated January 1978" for "numbered CUIS
- 40,000B, and dated June 1971".
-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 459i-2, 459i-5, 459i-6,
459i-7 of this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-1. Acquisition of lands; authority of Secretary; mainland
lands for access to seashore administrative and visitor
facilities; State lands; transfer from Federal agency to
administrative jurisdiction of Secretary
-STATUTE-
Within the boundaries of the seashore, the Secretary may acquire
lands, waters, and interests therein by purchase, donation,
transfer from any Federal agency, or exchange. The Secretary may
also acquire not to exceed one hundred acres of lands or interests
in lands on the mainland to provide access to the administrative
and visitor facilities for the seashore. Any lands or interests
therein owned by the State of Georgia, or any political subdivision
thereof may be acquired only by donation. 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 transfer of funds to
the administrative jurisdiction of the Secretary for the purposes
of the seashore.
-SOURCE-
(Pub. L. 92-536, Sec. 2, Oct. 23, 1972, 86 Stat. 1066.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-3, 459i-5,
459i-6, 459i-7 of this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-2. Cumberland Island Parkway; right-of-way;
administration; regulations
-STATUTE-
For the purpose of providing access from Interstate 95 to the
mainland administrative and visitor facilities of the seashore, the
Secretary may designate as the Cumberland Island Parkway a
right-of-way, together with adjacent or related sites for public
noncommercial recreational use and for interpretation of scenic and
historic values, of not more than one thousand acres of lands,
waters, and interests therein. The Secretary is authorized to
acquire only by donation those lands and interests therein, and
other property comprising such right-of-way, and adjacent or
related sites as he may designate pursuant to sections 459i to
459i-9 of this title for the development, hereby authorized, of a
roadway of parkway standards, including necessary bridges, spurs,
connecting roads, access roads, and other facilities, and for the
development and interpretation of recreation areas and historic
sites in connection therewith. Lands acquired for the parkway shall
be administered as a part of the seashore, subject to all laws and
regulations applicable thereto, and subject to such special
regulations as the Secretary may promulgate for the parkway.
-SOURCE-
(Pub. L. 92-536, Sec. 3, Oct. 23, 1972, 86 Stat. 1066.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-5, 459i-6, 459i-7 of
this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-3. Acquisition of property
-STATUTE-
(a) Private right of use and occupancy for residential purposes for
fixed term of years or for life; election by owner; exception of
property for visitor facilities or administration of seashore;
compensation; contemporaneous restriction on development of
public use facilities; lands, waters, and interests from National
Park Foundation
With the exception of any property deemed necessary by the
Secretary for visitor facilities or administration of the seashore,
any owner or owners of improved property on the date of its
acquisition by the Secretary may, as a condition of such
acquisition, retain for themselves and their successors or assigns
a right of use and occupancy of the property for noncommercial
residential purposes, for twenty-five years, or, in lieu thereof,
for a term ending at the death of the owner or his spouse,
whichever is later. The owner shall elect the term to be reserved.
The Secretary shall pay to the owner the fair market value of the
property on the date of such acquisition less the fair market value
on such date of the right retained by the owner: Provided, however,
That, in addition, for so long as a right of use and occupancy
remains in effect by the donors of land of one hundred acres or
more, the Secretary shall not, with respect to such lands, develop
any public use facilities except for trails, road access, and
utilities: Provided further, That when acquiring lands, waters, and
interests therein from the National Park Foundation, its successors
and assigns, the Secretary shall acquire such lands, waters, and
interests subject to the written terms and conditions contained in
those transactions, including but not limited to options, entered
into by the National Park Foundation prior to January 1, 1973, and
that such previous written rights and interests shall prevail over
provisions of this subsection.
(b) Commercial use prohibition; termination of use and occupancy
upon tender of compensation
A right of use and occupancy retained or enjoyed pursuant to this
section may be terminated with respect to the entire property by
the Secretary upon his determination that the property or any
portion thereof has ceased to be used for noncommercial residential
purposes and upon tender to the holder of a right an amount equal
to the fair market value, as of the date of tender, of that portion
of the right which remains unexpired on the date of termination.
(c) "Improved property" defined
The term "improved property", as used in this section shall mean
a detached, noncommercial residential dwelling, the construction of
which was begun before February 1, 1970 (hereinafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
accessory to the dwelling which are situated on the land so
designated.
(d) Little Cumberland Island; acquisition restrictions
(1) In order to provide an opportunity for the establishment of a
natural and scenic preserve by voluntary private action of certain
owners of lands within the seashore, and notwithstanding anything
to the contrary herein contained, no lands or interests in lands
shall be acquired on Little Cumberland Island without the consent
of the owner, for a period of one year from October 23, 1972,
except as specifically otherwise provided herein.
(2) In the event that the owners of land on Little Cumberland
Island enter into an irrevocable trust or some other irrevocable
agreement for the preservation of the resources of Little
Cumberland Island which, in the judgment of the Secretary, assures
the protection of the resources in a manner consistent with the
purposes for which the seashore is established, the authority of
the Secretary to acquire such lands shall be suspended for such
time as the trust is in effect and the lands are used and occupied
in accordance therewith.
(3) If, at any time during the one-year period following October
23, 1972, the Secretary determines that any lands on Little
Cumberland Island are threatened with development, or other uses,
inconsistent with the establishment or continuation of the trust
herein referred to, then the Secretary may acquire such lands, or
interests therein, by any of the methods provided for in section
459i-1 of this title.
-SOURCE-
(Pub. L. 92-536, Sec. 4, Oct. 23, 1972, 86 Stat. 1066.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-5, 459i-6,
459i-7 of this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-4. Hunting and fishing
-STATUTE-
The Secretary shall permit hunting, fishing, and trapping on
lands and waters under his jurisdiction within the boundaries of
the seashore in accordance with the appropriate laws of Georgia and
the United States to the extent applicable, except that he may
designate zones where, and establish periods when, no hunting,
fishing, or trapping shall be permitted for reasons of public
safety, administration, fish and wildlife management, or public use
and enjoyment. Except in emergencies, any regulations prescribing
any such restrictions shall be put into effect only after
consultation with the appropriate State agency responsible for
hunting, fishing, and trapping activities.
-SOURCE-
(Pub. L. 92-536, Sec. 5, Oct. 23, 1972, 86 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-5, 459i-6,
459i-7 of this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-5. Administration, protection, and development
-STATUTE-
(a) Applicability of provisions; utilization of statutory
authorities
The seashore shall be administered, protected, and developed in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented, except that any other statutory
authority 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 459i to
459i-9 of this title.
(b) Preservation in primitive state; recreational activities
exception
Except for certain portions of the seashore deemed to be
especially adaptable for recreational uses, particularly swimming,
boating, fishing, hiking, horseback riding, and other recreational
activities of similar nature, which shall be developed for such
uses as needed, the seashore shall be permanently preserved in its
primitive state, and no development of the project or plan for the
convenience of visitors shall be undertaken which would be
incompatible with the preservation of the unique flora and fauna or
the physiographic conditions not prevailing, nor shall any road or
causeway connecting Cumberland Island to the mainland be
constructed.
-SOURCE-
(Pub. L. 92-536, Sec. 6, Oct. 23, 1972, 86 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-6, 459i-7 of
this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-6. State and local jurisdiction
-STATUTE-
Nothing in sections 459i to 459i-9 of this title shall deprive
the State of Georgia or any political subdivision thereof of its
civil or criminal jurisdiction over persons found, acts performed,
and offenses committed within the boundaries of the seashore, or of
its right to tax persons, corporations, franchises, or other
non-Federal property on lands included therein.
-SOURCE-
(Pub. L. 92-536, Sec. 7, Oct. 23, 1972, 86 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-5, 459i-7 of
this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-7. Water resource developments
-STATUTE-
The authority of the Secretary of the Army to undertake or
contribute to water resource developments, including shore erosion
control, beach protection and navigation improvements on land
and/or waters within the Cumberland Island National Seashore shall
be exercised in accordance with plans which are mutually acceptable
to the Secretary of the Interior and the Secretary of the Army and
which are consistent with both the purpose of sections 459i to
459i-9 of this title and the purpose of existing statutes dealing
with water and related land resource development.
-SOURCE-
(Pub. L. 92-536, Sec. 8, Oct. 23, 1972, 86 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-5, 459i-6 of
this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-8. Report to President
-STATUTE-
Within three years from October 23, 1972, the Secretary of the
Interior 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 national
seashore for preservation as wilderness, and any designation of any
such area as a wilderness shall be accomplished in accordance with
said section 1132(c) and (d) of this title.
-SOURCE-
(Pub. L. 92-536, Sec. 9, Oct. 23, 1972, 86 Stat. 1068.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-5, 459i-6,
459i-7 of this title.
-End-
-CITE-
16 USC Sec. 459i-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. 459i-9. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated not to exceed $28,500,000
for the acquisition of lands and interests in lands and not to
exceed $27,840,000 for development of the seashore.
-SOURCE-
(Pub. L. 92-536, Sec. 10, Oct. 23, 1972, 86 Stat. 1068; Pub. L.
95-625, title II, Sec. 201(3), Nov. 10, 1978, 92 Stat. 3473.)
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-625 substituted "$28,500,000" for
"$10,500,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459i-2, 459i-5, 459i-6,
459i-7 of this title.
-End-
-CITE-
16 USC Sec. 459j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS
-HEAD-
Sec. 459j. Canaveral National Seashore; establishment; boundary;
boundary revisions; limitation on area
-STATUTE-
In order to preserve and protect the outstanding natural, scenic,
scientific, ecologic, and historic values of certain lands,
shoreline, and waters of the State of Florida, and to provide for
public outdoor recreation use and enjoyment of the same, there is
hereby established the Canaveral National Seashore (hereinafter
referred to as the "seashore"), as generally depicted on the map
entitled "Boundary Map, Canaveral National Seashore", dated August
1974 and numbered NS-CAN-40,000A. Such seashore shall comprise
approximately sixty-seven thousand five hundred acres within the
area more particularly described by a line beginning at the
intersection of State Highway 3 and State Road 402, thence
generally easterly following State Road 402 to a point one-half
mile offshore in the Atlantic Ocean, thence northwesterly along a
line which is at each point one-half mile distant from the high
water mark to Bethune Beach, thence inland in a generally westerly
direction through Turner Flats and Shipyard Canal, thence
northwesterly to the Intracoastal Waterway, thence southerly along
the Intracoastal Waterway to the boundary of the Kennedy Space
Center, thence southwesterly to United States Highway 1, thence
southerly along State Highway 3 to the point of beginning. The
boundary map shall be on file and available for public inspection
in the offices of the United States Fish and Wildlife Service and
National Park Service, Department of the Interior, Washington,
District of Columbia. After advising the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives, in writing, at least
sixty days prior to making any boundary revisions, the Secretary
may from time to time make minor revisions in the boundaries of the
seashore by publication of a revised map or other boundary
description in the Federal Register: Provided, That the total
acreage included within the boundaries shall not exceed that
enumerated in this section.
-SOURCE-
(Pub. L. 93-626, Sec. 1, Jan. 3, 1975, 88 Stat. 2121; Pub. L.
103-437, Sec. 6(a)(4), Nov. 2, 1994, 108 Stat. 4583.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives" for "Committees on
Interior and Insular Affairs of the United States Congress".
-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 459j-1, 459j-2, 459j-4,
459j-5, 459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-1. Acquisition of property; donation and development of
State lands; transfer from Federal agency to administrative
jurisdiction of Secretary; written cooperative agreement with
National Aeronautics and Space Administration; construction and
development; report to Congressional committees
-STATUTE-
Within the boundaries of the seashore, the Secretary may acquire
lands, waters, and interests therein by donation, purchase with
donated or appropriated funds, exchange, or transfer. Any property
owned by the State of Florida or any political subdivision thereof
may be acquired only by donation. It is the intent and purpose of
sections 459j to 459j-8 of this title that the Secretary shall have
sole authority to develop and improve those State owned lands
donated now and in the future in accordance with the intent and
purposes of sections 459j to 459j-8 of this title. Notwithstanding
any other provision of law, any federally owned property 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 of the Interior and he
may develop and administer such lands in a manner consistent with
the purposes of sections 459j to 459j-8 of this title. In accepting
lands transferred by the National Aeronautics and Space
Administration pursuant to sections 459j to 459j-8 of this title
the Secretary shall enter into a written cooperative agreement with
the Administrator to assure the use of such lands in a manner which
is deemed consistent with the public safety and with the needs of
the space and defense programs of the Nation: Provided, That no new
construction or development shall be permitted within the seashore,
except for the construction of such facilities as the Secretary
deems necessary for the health and safety of the visiting public or
for the proper administration of the seashore: Provided further,
That after January 3, 1975, the Secretary of the Interior, in
cooperation with the Administrator of the National Aeronautics and
Space Administration, shall submit to the Committees on Natural
Resources and on Science, Space, and Technology of the House of
Representatives and to the Committees on Energy and Natural
Resources and on Commerce, Science, and Transportation of the
Senate a report of all land transfers made by the National
Aeronautics and Space Administration to the Department of the
Interior under sections 459j to 459j-8 of this title.
-SOURCE-
(Pub. L. 93-626, Sec. 2, Jan. 3, 1975, 88 Stat. 2122; Pub. L.
103-437, Sec. 6(o), Nov. 2, 1994, 108 Stat. 4586.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Natural Resources and on
Science, Space, and Technology of the House of Representatives and
to the Committees on Energy and Natural Resources and on Commerce,
Science, and Transportation of the Senate" for "Interior and
Insular Affairs of the Congress and to the Committee on Science and
Astronautics of the House of Representatives and to the Committee
on Aeronautical and Space Sciences of the Senate".
-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.
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2.
-MISC2-
ADDITIONS TO SEASHORE
Pub. L. 100-564, Secs. 1, 3, Oct. 31, 1988, 102 Stat. 2831,
authorized and directed the Secretary of the Interior to acquire
certain lands depicted on a map entitled "Additions to Canaveral
National Seashore", required the Secretary to file the map with
certain Congressional committees, and authorized appropriations
necessary to carry out such acquisitions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-2, 459j-4, 459j-5,
459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-2. Improved property
-STATUTE-
(a) Owner's reservation of right of use and occupancy for
residential purposes for life or fixed term of years; exception
of property for visitor facilities, access to, or administration
of seashore; compensation
Except for property deemed necessary by the Secretary for visitor
facilities, or for access to or administration of the seashore, any
owner or owners of improved property on the date of its acquisition
by the Secretary may, as a condition of such acquisition, retain
for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes for a definite term not to exceed twenty-five years, or in
lieu thereof, for a term ending at the death of the owner, or the
death of his spouse, whichever is the later. The owner shall elect
the term to be reserved. Unless the property is wholly or partially
donated to the United States, the Secretary shall pay to the owner
the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
(b) Termination of use and occupancy upon inconsistent use; tender
of compensation
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 459j to 459j-8 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.
(c) "Improved property" defined
The term "improved property", as used in this section shall mean
a detached, noncommercial residential dwelling, the construction of
which was begun before January 1, 1971 (hereafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures,
necessary to the dwelling which are situated on the land so
designated.
(d) Condemnation as means for acquiring clear and marketable title
Except as otherwise provided, the Secretary shall have the
authority to use condemnation as a means of acquiring a clear and
marketable title, free of any and all encumbrances.
-SOURCE-
(Pub. L. 93-626, Sec. 3, Jan. 3, 1975, 88 Stat. 2123.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-1, 459j-4, 459j-5,
459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-3. Designation of hunting, fishing and trapping zones;
regulations; consultation with appropriate State agencies
-STATUTE-
The Secretary shall permit hunting, fishing, and trapping on
lands and waters under his jurisdiction within the boundaries of
the seashore in accordance with the appropriate laws of the State
of Florida and the United States to the extent applicable, except
that he may designate zones where, and establish periods when, no
hunting, fishing, or trapping shall be permitted for reasons of
public safety, administration, fish and wildlife management, public
use and enjoyment, protection of the resource, or competing public
use. Except in emergencies, any regulations prescribing any such
restrictions shall be put into effect only after consultation with
the appropriate State agency responsible for hunting, fishing, and
trapping activities.
-SOURCE-
(Pub. L. 93-626, Sec. 4, Jan. 3, 1975, 88 Stat. 2123.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-1, 459j-2, 459j-4,
459j-5, 459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-4. Administration, protection, and development
-STATUTE-
(a) Conservation and management of natural resources
The seashore shall be administered, protected, and developed in
accordance with the provisions of sections 1 and 2 to 4 of this
title, as amended and supplemented, except that any other statutory
authority available to the Secretary for the conservation
management of natural resources may be utilized to the extent he
finds such authority will further the purposes of sections 459j to
459j-8 of this title.
(b) Administration of lands in Merritt Island National Wildlife
Refuge
Notwithstanding any other provisions of sections 459j to 459j-8
of this title, lands and waters in the Merritt Island National
Wildlife Refuge as described in subsection (c)(2) of this section
which are part of the seashore shall be administered for refuge
purposes through the United States Fish and Wildlife Service
pursuant to the National Wildlife Refuge System Administration Act,
as amended (80 Stat. 926; 16 U.S.C. 668dd-668ee), except that the
Secretary may utilize such additional authority as may be available
to him for the conservation and management of wildlife and natural
resources, the development of outdoor recreation opportunities, and
interpretive education as he deems appropriate, consistent with the
preservation of natural and wildlife values.
(c) Division of management authority between National Park Service
and United States Fish and Wildlife Service
The Secretary shall cause to be issued a well defined division of
management authority between the National Park Service and the
United States Fish and Wildlife Service. It is the intent and
purpose of sections 459j to 459j-8 of this title that such
management authority, generally, shall be as follows:
(1) The National Park Service shall administer those lands and
waters described as follows: beginning at the intersection of State
Highway 3 and State Road 402; thence easterly along State Road 402
and continuing easterly in a straight line to a point one-half mile
offshore in the Atlantic Ocean, following the southern boundary of
the seashore created in section 1; thence northwesterly along the
boundary of the seashore created in section 1, which line is at
each point one-half mile distance from the high water mark, to
Bethune Beach; thence inland in a generally, westerly direction
through Turner Flats and Shipyard Canal; thence northwesterly to
the Intracoastal Waterway; thence southerly along the Intracoastal
Waterway to the boundary of the Kennedy Space Center; then
southwesterly to United States Highway 1; thence southerly along
State Highway 3 to the northern boundary of H. M. Gomez Grant;
thence easterly along the northern boundary of H. M. Gomez Grant
and continuing easterly in a straight line to a point of
intersection with the line between the marsh and the dunes; thence
southerly along the line between the marsh and the dunes to a point
approximately one-half mile north of the southern boundary of the
seashore created in section 1; thence westerly in a straight line
to connect with and to follow the Government Railroad to its
intersection with State Highway 3; thence southerly along State
Highway 3 to the point of beginning. The portion of land bounded by
the northern boundary of the H. M. Gomez Grant is hereby
transferred to the Secretary of the Interior and may be used for
the purpose of establishing such facilities as are needed for the
administration of the seashore, for the construction of the
principal visitor center which shall be designated as the "Spessard
L. Holland Visitor Center", and for a central access to the
seashore: Provided, however, That the Secretary of the Interior,
upon the request of the Administrator of the National Aeronautics
and Space Administration, shall close this area or any part thereof
to the public when necessary for space operations. In administering
the shoreline and adjacent lands the Secretary shall retain such
lands in their natural and primitive condition, shall prohibit
vehicular traffic on the beach except for administrative purposes,
and shall develop only those facilities which he deems essential
for public health and safety.
(2) The United States Fish and Wildlife Service shall administer
the remaining lands described in section 459j of this title.
-SOURCE-
(Pub. L. 93-626, Sec. 5, Jan. 3, 1975, 88 Stat. 2123.)
-REFTEXT-
REFERENCES IN TEXT
The National Wildlife Refuge System Administration Act, as
amended, referred to in subsec. (b), consists of sections 4 and 5
of Pub. L. 89-669, Oct. 15, 1966, 80 Stat. 927, as amended, and is
classified to sections 668dd, 668ee of this title. For further
details, see Short Title note set out under section 668dd of this
title.
-MISC1-
CLOTHING-OPTIONAL AREAS PROHIBITED
Pub. L. 108-108, title I, Sec. 126, Nov. 10, 2003, 117 Stat.
1269, provided that: "None of the funds made available in this or
any other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional area or
as an area in which public nudity is permitted, if such designation
would be contrary to county ordinance."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-7, div. F, title I, Sec. 128, Feb. 20, 2003, 117
Stat. 242.
Pub. L. 107-63, title III, Sec. 313, Nov. 5, 2001, 115 Stat. 467.
Pub. L. 106-291, title III, Sec. 316, Oct. 11, 2000, 114 Stat.
989.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 317],
Nov. 29, 1999, 113 Stat. 1535, 1501A-192.
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 318], Oct.
21, 1998, 112 Stat. 2681-231, 2681-289.
Pub. L. 105-83, title III, Sec. 328, Nov. 14, 1997, 111 Stat.
1600.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-1, 459j-2, 459j-5,
459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-5. Canaveral National Seashore Advisory Commission
-STATUTE-
(a) Establishment; duties; termination; membership; term of
members; appointment; Chairman
There is hereby established the Canaveral National Seashore
Advisory Commission which shall consult and advise with the
Secretary on all matters of planning, development, and operation of
the seashore and shall provide such other advice and assistance as
may be useful in carrying out the purposes of sections 459j to
459j-8 of this title. The Commission shall terminate ten years
after the date the seashore is established pursuant to sections
459j to 459j-8 of this title, unless extended by the Congress. The
Commission shall be composed of six members who shall serve for
terms of two years. Members shall be appointed by the Secretary,
one of whom he shall designate as Chairman, in the following
manner:
(1) one member from each county in which the seashore is
located, to be selected from recommendations made by the county
commission in each county;
(2) two members representing the State of Florida who shall be
selected from recommendations made by the Governor of Florida;
and
(3) two members representing the general public: Provided, That
one member shall be appointed from each county in which the
seashore is located.
(b) Meetings; vacancies
After the Secretary designates the member to be Chairman, the
Commission may meet as often as necessary at the call of the
Chairman or of the Secretary, or upon petition of a majority of the
members of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment was made.
(c) Compensation; payment of expenses upon vouchers
Members of the Commission shall serve without compensation, as
such, but the Secretary may pay, upon vouchers signed by the
Chairman, the expenses reasonably incurred by the Commission and
its members in carrying out their responsibilities under this
section.
-SOURCE-
(Pub. L. 93-626, Sec. 6, Jan. 3, 1975, 88 Stat. 2124; Pub. L.
94-398, Sept. 4, 1976, 90 Stat. 1204.)
-MISC1-
AMENDMENTS
1976 - Subsec. (a). Pub. L. 94-398 substituted "six members" for
"five members" in introductory provisions and substituted "two" for
"one" and inserted requirement relating to residency of each member
in cl. (3).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-1, 459j-2, 459j-4,
459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-6. Transfer of lands for use as administrative and
visitor facilities to Secretary of the Interior; use of portion
of John F. Kennedy Space Center; transfer of excess land within
seashore to Secretary of the Interior
-STATUTE-
On January 3, 1975, those lands to be used for the administrative
and visitor facilities described in section 459j-4(c)(1) of this
title shall be transferred by sections 459j to 459j-8 of this title
to the Secretary of the Interior and those portions of the John F.
Kennedy Space Center falling within the boundaries of the seashore
as defined in section 459j of this title shall become a part of the
seashore, and within ninety days thereafter, the administrator,
National Aeronautics and Space Administration, shall grant to the
Secretary for carrying out the intent and purpose of sections 459j
to 459j-8 of this title such use of said portions as the
Administrator determines is not inconsistent with public safety and
the needs of the space and defense programs of the Nation.
Notwithstanding any other provision of law, any lands within the
seashore which the Administrator determines to be excess to the
needs of such agency shall be transferred to the Secretary of the
Interior for administration in accordance with the provisions of
sections 459j to 459j-8 of this title: Provided, That any portions
of the John F. Kennedy Space Center within the seashore not
transferred to the Secretary shall remain under the control and
jurisdiction of the Administrator.
-SOURCE-
(Pub. L. 93-626, Sec. 7, Jan. 3, 1975, 88 Stat. 2125.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-1, 459j-2, 459j-4,
459j-5, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-7. Report to President
-STATUTE-
Within three years from January 3, 1975, 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. 93-626, Sec. 8, Jan. 3, 1975, 88 Stat. 2125.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 459j-1, 459j-2, 459j-4,
459j-5, 459j-6, 459j-8 of this title.
-End-
-CITE-
16 USC Sec. 459j-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. 459j-8. Authorization of appropriations; reports to
Congressional committees
-STATUTE-
(a) Acquisition of lands and interests in lands
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of sections 459j to 459j-8
of this title, but not more than $7,941,000 for the acquisition of
lands and interests in lands. In order to avoid excessive costs
resulting from delays in the acquisition program, the Secretary
shall make every reasonable effort to promptly acquire the
privately owned lands within the seashore. Until all such lands are
acquired, he shall report, in writing on June 30 of each year to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, the
following information:
(1) the amount of land acquired during the current fiscal year
and the amount expended therefor; (continued)