dreamproit/uscode huggingface dataset:
16 U.S.C. § 459h–6 (CONSERVATION)
§ 459h–6. Transfer of Horn Island and Petit Bois National Wildlife Refuges from National Wildlife Refuge System; administration
(a) 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.
(b) If any of the Federal land on Santa Rosa or Okaloosa Island, Florida, under the jurisdiction of the Department of Defense is ever excess to the needs of the Armed Forces, the Secretary of Defense shall transfer the excess land to the administrative jurisdiction of the Secretary of the Interior, subject to the terms and conditions acceptable to the Secretary of the Interior and the Secretary of Defense. The Secretary of the Interior shall administer the transferred land as part of the seashore in accordance with the provisions of sections 459h to 459h–10 of this title.
(Pub. L. 91–660, § 7, Jan. 8, 1971, 84 Stat. 1969; Pub. L. 109–163, div. B, title XXVIII, § 2872(b), Jan. 6, 2006, 119 Stat. 3535.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–163 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Excess Department of Defense Property on Santa Rosa and Okaloosa Island, Florida, to Gulf Islands National Seashore
text: Pub. L. 109–163, div. B, title XXVIII, § 2872(a), Jan. 6, 2006, 119 Stat. 3534, provided that:
“Congress finds the following:
“(1) Public Law 91–660 of the 91st Congress [16 U.S.C. 459h et seq.] established the Gulf Islands National Seashore in the States of Florida and Mississippi.
“(2) The original boundaries of the Gulf Islands National Seashore encompassed certain Federal land used by the Air Force and the Navy, and the use of such land was still required by the Armed Forces when the seashore was established.
“(3) Senate Report 91–1514 of the 91th Congress addressed the relationship between these military lands and the Gulf Islands National Seashore as follows: ‘While the military use of these lands is presently required, they remain virtually free of adverse development and they are included in the boundaries of the seashore so that they can be wholly or partially transferred to the Department of the Interior when they become excess to the needs of the Air Force.’.
“(4) Although section 2(a) of Public Law 91–660 (16 U.S.C. 459h–1(a)) authorized the eventual transfer of Federal land within the boundaries of the Gulf Islands National Seashore from the Department of Defense to the Secretary of the Interior, an amendment mandating the transfer of excess Department of Defense land on Santa Rosa and Okaloosa Island, Florida, to the Secretary of the Interior is required to ensure that the purposes of the Gulf Islands National Seashore are fulfilled.”
16 U.S.C. § 459h–7 (CONSERVATION)
§ 459h–7. Preservation of any area as wilderness; study and report to President; procedure for designation of any area as a wilderness
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.
(Pub. L. 91–660, § 8, Jan. 8, 1971, 84 Stat. 1969.)
16 U.S.C. § 459h–8 (CONSERVATION)
§ 459h–8. Authority of Department of Army or Chief of Engineers over navigation or related matters
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.
(Pub. L. 91–660, § 9, Jan. 8, 1971, 84 Stat. 1969.)
16 U.S.C. § 459h–9 (CONSERVATION)
§ 459h–9. Gulf Islands National Seashore Advisory Commission; establishment; termination; membership; term; Chairman; compensation and payment of expenses; consultation by Secretary
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 with the Commission with respect to the matters relating to the development of the Gulf Islands National Seashore.
(Pub. L. 91–660, § 10, Jan. 8, 1971, 84 Stat. 1969.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Advisory Commissions
text: 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 1001(2) and 1013 of Title 5, Government Organization and Employees.
16 U.S.C. § 459h–10 (CONSERVATION)
§ 459h–10. Authorization of appropriations
(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), there are authorized to be appropriated such sums as are necessary to acquire land and submerged land on and adjacent to Cat Island, Mississippi.
(Pub. L. 91–660, § 11, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 92–275, § 1(2), Apr. 20, 1972, 86 Stat. 123; Pub. L. 94–578, title I, § 101(6), Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95–625, title I, § 101(13), Nov. 10, 1978, 92 Stat. 3471; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–232.)
heading: Editorial Notes
heading: Amendments
text: 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).
16 U.S.C. § 459i (CONSERVATION)
§ 459i. Cumberland Island National Seashore; establishment; boundary revisions: notification of Congressional committees, publication in Federal Register
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.
(Pub. L. 92–536, § 1, Oct. 23, 1972, 86 Stat. 1066; Pub. L. 95–625, title III, § 323, Nov. 10, 1978, 92 Stat. 3489; Pub. L. 98–170, Nov. 29, 1983, 97 Stat. 1116; Pub. L. 103–437, § 6(l), Nov. 2, 1994, 108 Stat. 4586.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2004 Amendment
text: Pub. L. 108–447, div. E, title I, § 145(c), Dec. 8, 2004, 118 Stat. 3074, provided that: “This section [amending section 459i–5 of this title and provisions listed in a table of Wilderness Areas set out under section 1132 of this title] may be cited as the ‘Cumberland Island Wilderness Boundary Adjustment Act of 2004’.”
16 U.S.C. § 459i–1 (CONSERVATION)
§ 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
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.
(Pub. L. 92–536, § 2, Oct. 23, 1972, 86 Stat. 1066.)
16 U.S.C. § 459i–2 (CONSERVATION)
§ 459i–2. Cumberland Island Parkway; right-of-way; administration; regulations
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.
(Pub. L. 92–536, § 3, Oct. 23, 1972, 86 Stat. 1066.)
16 U.S.C. § 459i–4 (CONSERVATION)
§ 459i–4. Hunting and fishing
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.
(Pub. L. 92–536, § 5, Oct. 23, 1972, 86 Stat. 1068.)
16 U.S.C. § 459i–6 (CONSERVATION)
§ 459i–6. State and local jurisdiction
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.
(Pub. L. 92–536, § 7, Oct. 23, 1972, 86 Stat. 1068.)
16 U.S.C. § 459i–7 (CONSERVATION)
§ 459i–7. Water resource developments
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.
(Pub. L. 92–536, § 8, Oct. 23, 1972, 86 Stat. 1068.)
16 U.S.C. § 459i–8 (CONSERVATION)
§ 459i–8. Report to President
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.
(Pub. L. 92–536, § 9, Oct. 23, 1972, 86 Stat. 1068.)
16 U.S.C. § 459i–9 (CONSERVATION)
§ 459i–9. Authorization of appropriations
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.
(Pub. L. 92–536, § 10, Oct. 23, 1972, 86 Stat. 1068; Pub. L. 95–625, title II, § 201(3), Nov. 10, 1978, 92 Stat. 3473.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–625 substituted “$28,500,000” for “$10,500,000”.
16 U.S.C. § 459j (CONSERVATION)
§ 459j. Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area
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.
(Pub. L. 93–626, § 1, Jan. 3, 1975, 88 Stat. 2121; Pub. L. 103–437, § 6(a)(4), Nov. 2, 1994, 108 Stat. 4583.)
heading: Editorial Notes
heading: Amendments
text: 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”.
16 U.S.C. § 459j–2 (CONSERVATION)
§ 459j–2. Improved property
(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.
(Pub. L. 93–626, § 3, Jan. 3, 1975, 88 Stat. 2123.)
16 U.S.C. § 459j–3 (CONSERVATION)
§ 459j–3. Designation of hunting, fishing and trapping zones; regulations; consultation with appropriate State agencies
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.
(Pub. L. 93–626, § 4, Jan. 3, 1975, 88 Stat. 2123.)
16 U.S.C. § 459j–5 (CONSERVATION)
§ 459j–5. Canaveral National Seashore Advisory Commission
(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.
(Pub. L. 93–626, § 6, Jan. 3, 1975, 88 Stat. 2124; Pub. L. 94–398, Sept. 4, 1976, 90 Stat. 1204.)
heading: Editorial Notes
heading: Amendments
text: 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).