dreamproit/uscode huggingface dataset:
16 U.S.C. § 459d–1 (CONSERVATION)
§ 459d–1. Acquisition of property
(a) Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary
The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire by donation, purchase with donated or appropriated funds, condemnation, transfer from any Federal agency, exchange, or otherwise, the land, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 459d of this title or which lie within the boundaries of the seashore as established under section 459d–2 of this title (hereinafter referred to as “such area”). Any property, or interest therein, owned by the State of Texas or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of sections 459d to 459d–7 of this title.
(b) Fair market value; appraisal
The Secretary is authorized to pay for any acquisitions which he makes by purchase under sections 459d to 459d–7 of this title their fair market value, as determined by the Secretary, who may in his discretion base his determination on an independent appraisal obtained by him.
(c) Exchange of property; cash equalization payments
In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within such area. The properties so exchanged shall be approximately equal in fair market value: Provided, That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.
(Pub. L. 87–712, § 2, Sept. 28, 1962, 76 Stat. 650.)
heading: Statutory Notes and Related Subsidiaries
heading: Revision of Boundaries; Addition and Deletion of Acreage
text: Pub. L. 94–578, title I, § 101(13), Oct. 21, 1976, 90 Stat. 2733, as amended Pub. L. 96–199, title I, § 111, Mar. 5, 1980, 94 Stat. 70, provided in part that: “The Secretary of the Interior is authorized to revise the boundary of the seashore [Padre Island National Seashore, Texas] to add approximately two hundred and seventy-four acres and to delete approximately two thousand acres, and sections 302 and 303 of the Act of April 11, 1972 (86 Stat. 120, 121) [Pub. L. 92–272, which sections were not classified to the Code], shall apply to the boundary revision authorized herein.”
16 U.S.C. § 459d–2 (CONSERVATION)
§ 459d–2. Establishment
(a) Notice in Federal Register
As soon as practicable after September 28, 1962 and following the acquisition by the Secretary of an acreage in the area described in section 459d of this title, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of sections 459d to 459d–7 of this title, the Secretary shall establish the area as a national seashore by the publication of notice thereof in the Federal Register.
(b) Distribution of notice and map
Such notice referred to in subsection (a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 459d of this title. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of sections 459d to 459d–7 of this title to be recorded at the registry of deeds for the county involved.
(Pub. L. 87–712, § 3, Sept. 28, 1962, 76 Stat. 651.)
16 U.S.C. § 459d–3 (CONSERVATION)
§ 459d–3. Reservation of oil, gas, and other minerals
(a) When acquiring land, waters, or interests therein, the Secretary shall permit a reservation by the grantor of all or any part of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of occupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and waters and the lands and waters adjacent thereto, under such regulations as may be prescribed by the Secretary with respect to such mining or removal.
(b) Any acquisition hereunder shall exclude and shall not diminish any right of occupation or use of the surface under grants, leases, or easements existing on April 11, 1961, which are reasonably necessary for the exploration, development, production, storing, processing, or transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the Secretary may grant additional rights of occupation or use of the surface for the purposes aforesaid upon the terms and under such regulations as may be prescribed by him.
(Pub. L. 87–712, § 4, Sept. 28, 1962, 76 Stat. 651.)
16 U.S.C. § 459d–4 (CONSERVATION)
§ 459d–4. Administration; utilization of authority for conservation and management of natural resources
Except as otherwise provided in sections 459d to 459d–7 of this title, the property acquired by the Secretary under such sections shall be administered by the Secretary, subject to the provisions of the Act entitled “An Act to establish a National Park Service and for other purposes”, approved August 25, 1916 (39 Stat. 535),1 as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of sections 459d to 459d–7 of this title.
(Pub. L. 87–712, § 5, Sept. 28, 1962, 76 Stat. 652.)
heading: Editorial Notes
heading: References in Text
text: The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
16 U.S.C. § 459d–5 (CONSERVATION)
§ 459d–5. Roadways to access highways from mainland
The Secretary may provide for roadways from the north and south boundaries of such public recreation area to the access highways from the mainland to Padre Island.
(Pub. L. 87–712, § 6, Sept. 28, 1962, 76 Stat. 652.)
16 U.S.C. § 459d–6 (CONSERVATION)
§ 459d–6. Aerial gunnery and bombing range agreements of Secretary of the Interior and Secretary of the Navy
The Secretary of the Interior shall enter into such administrative agreements with the Secretary of the Navy as the Secretary of the Navy may deem necessary to assure that the Secretary of the Interior will not exercise any authority granted by sections 459d to 459d–7 of this title so as to interfere with the use by the Department of the Navy of any aerial gunnery or bombing range located in the vicinity of Padre Island.
(Pub. L. 87–712, § 7, Sept. 28, 1962, 76 Stat. 652.)
16 U.S.C. § 459d–7 (CONSERVATION)
§ 459d–7. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 459d to 459d–7 of this title; except that no more than $5,350,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of such sections.
(Pub. L. 87–712, § 8, Sept. 28, 1962, 76 Stat. 652; Pub. L. 94–578, title I, § 101(13), Oct. 21, 1976, 90 Stat. 2733.)
heading: Editorial Notes
heading: Codification
text: Section 101(13) of Pub. L. 94–578, cited as a credit to this section, as amended by Pub. L. 96–199, title I, § 111, Mar. 5, 1980, 94 Stat. 70, is also set out in part as a note under section 459d–1 of this title.
heading: Amendments
text: 1976—Pub. L. 94–578 substituted “$5,350,000” for “$5,000,000”.
16 U.S.C. § 459e (CONSERVATION)
§ 459e. Fire Island National Seashore
(a) Purposes; authorization for establishment
For the purpose of conserving and preserving for the use of future generations certain relatively unspoiled and undeveloped beaches, dunes, and other natural features within Suffolk County, New York, which possess high values to the Nation as examples of unspoiled areas of great natural beauty in close proximity to large concentrations of urban population, the Secretary of the Interior is authorized to establish an area to be known as the “Fire Island National Seashore”.
(b) Boundaries
The boundaries of the national seashore shall extend from the easterly boundary of the main unit of Robert Moses State Park eastward to Moriches Inlet and shall include not only Fire Island proper, but also such islands and marshlands in the Great South Bay, Bellport Bay, and Moriches Bay adjacent to Fire Island as Sexton Island, West Island, Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and Reeves Island and such other small and adjacent islands, marshlands, and wetlands as would lend themselves to contiguity and reasonable administration within the national seashore and, in addition, the waters surrounding said area to distances of one thousand feet in the Atlantic Ocean and up to four thousand feet in Great South Bay and Moriches Bay and, in addition, mainland terminal and headquarters sites, not to exceed a total of twelve acres, on the Patchogue River within Suffolk County, New York, all as delineated on a map identified as “Fire Island National Seashore”, numbered OGP–0004, dated May 1978. The Secretary shall publish said map in the Federal Register, and it may also be examined in the offices of the Department of the Interior.
(Pub. L. 88–587, § 1, Sept. 11, 1964, 78 Stat. 928; Pub. L. 95–625, title III, § 322(a), Nov. 10, 1978, 92 Stat. 3488.)
heading: Editorial Notes
heading: Amendments
text: 1978—Subsec. (b). Pub. L. 95–625 inserted “the main unit of” before “Robert Moses State Park”, included in the boundaries the mainland terminal and headquarters sites, not to exceed a total of twelve acres, on the Patchogue River within Suffolk County, New York, and substituted map numbered OGP—0004, dated May 1978 for OGP—0002, dated June 1964 and requirement of publishing the map in the Federal Register for prior provision for filing the map with the Federal Register.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 1984 Amendment
text: Pub. L. 98–482, § 1, Oct. 17, 1984, 98 Stat. 2255, provided: “That this Act [amending sections 459e–1 and 459e–2 of this title] may be cited as the ‘Fire Island National Seashore Amendments Act of 1984’.”
16 U.S.C. § 459e–3 (CONSERVATION)
§ 459e–3. Retention by owner of right of use and occupancy of improved property for residential purposes
(a) Time limit; value of reserved right
Owners of improved property acquired by the Secretary may reserve for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a term that is not more than twenty-five years. The value of the reserved right shall be deducted from the fair market value paid for the property.
(b) Termination of right; compensation
A right of use and occupancy reserved pursuant to this section shall be subject to termination by the Secretary upon his determination that the use and occupancy is not consistent with an applicable zoning ordinance approved by the Secretary in accordance with the provisions of section 459e–2 of this title, and upon tender to the owner of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
(Pub. L. 88–587, § 4, Sept. 11, 1964, 78 Stat. 931.)
16 U.S.C. § 459e–4 (CONSERVATION)
§ 459e–4. Hunting and fishing regulations
The Secretary shall permit hunting, fishing, and shellfishing on lands and waters under his administrative jurisdiction within the Fire Island National Seashore in accordance with the laws of New York and the United States of America, except that the Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. Any regulations of the Secretary under this section shall be issued after consultation with the Conservation Department of the State of New York.
(Pub. L. 88–587, § 5, Sept. 11, 1964, 78 Stat. 931.)
16 U.S.C. § 459e–5 (CONSERVATION)
§ 459e–5. Acceptance of donations
The Secretary may accept and use for purposes of sections 459e to 459e–9 of this title any real or personal property or moneys that may be donated for such purposes.
(Pub. L. 88–587, § 6, Sept. 11, 1964, 78 Stat. 931.)
16 U.S.C. § 459e–6 (CONSERVATION)
§ 459e–6. Administration, protection, and development
(a) Conservation of natural resources of Seashore; preservation and access to Sunken Forest Preserve
The Secretary shall administer and protect the Fire Island National Seashore with the primary aim of conserving the natural resources located there. The area known as the Sunken Forest Preserve shall be preserved from bay to ocean in as nearly its present state as possible, without developing roads therein, but continuing the present access by those trails already existing and limiting new access to similar trails limited in number to those necessary to allow visitors to explore and appreciate this section of the seashore.
(b) Access to Davis Park-Smith Point County Park area
Access to that section of the seashore lying between the easterly boundary of the Ocean Ridge portion of Davis Park and the westerly boundary of the Smith Point County Park shall be provided by ferries and footpaths only, and no roads shall be constructed in this section except such minimum roads as may be necessary for park maintenance vehicles. No development or plan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the flora and fauna or the physiographic conditions now prevailing, and every effort shall be exerted to maintain and preserve this section of the seashore as well as that set forth in the preceding paragraph in as nearly their present state and condition as possible.
(c) Utilization of authority for conservation and development of natural resources; user fees
In administering, protecting, and developing the entire Fire Island National Seashore, the Secretary shall be guided by the provisions of sections 459e to 459e–9 of this title and the applicable provisions of the laws relating to the national park system, and the Secretary may utilize any other statutory authority available to him for the conservation and development of natural resources to the extent he finds that such authority will further the purposes of sections 459e to 459e–9 of this title. Appropriate user fees may be collected notwithstanding any limitation on such authority by any provision of law.
(Pub. L. 88–587, § 7, Sept. 11, 1964, 78 Stat. 931; Pub. L. 95–625, title III, § 322(c), Nov. 10, 1978, 92 Stat. 3489.)
heading: Editorial Notes
heading: Amendments
text: 1978—Subsec. (b). Pub. L. 95–625 substituted “Ocean Ridge portion of Davis Park” for “Brookhaven town park at”.
16 U.S.C. § 459e–7 (CONSERVATION)
§ 459e–7. Shore erosion control or beach protection measures; Fire Island inlet
(a) Authority of Chief of Engineers
The authority of the Chief of Engineers, Department of the Army, to undertake or contribute to shore erosion control or beach protection measures on lands within the Fire Island National Seashore shall be exercised in accordance with a plan that is mutually acceptable to the Secretary of the Interior and the Secretary of the Army and that is consistent with the purposes of sections 459e to 459e–9 of this title.
(b) Land contribution
The Secretary shall also contribute the necessary land which may be required at any future date for the construction of one new inlet across Fire Island in such location as may be feasible in accordance with plans for such an inlet which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and that is consistent with the purposes of sections 459e to 459e–9 of this title.
(Pub. L. 88–587, § 8, Sept. 11, 1964, 78 Stat. 932.)
16 U.S.C. § 459e–8 (CONSERVATION)
§ 459e–8. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 88–587, § 9, Sept. 11, 1964, 78 Stat. 932, which provided for the creation of a Fire Island National Seashore Advisory Commission, has been omitted as executed in view of a provision of subsec. (a) that the Commission terminate on Sept. 11, 1974, or on the declaration of the establishment of the Fire Island National Seashore, whichever occurs first.
16 U.S.C. § 459e–9 (CONSERVATION)
§ 459e–9. Authorization of appropriations
There is hereby authorized to be appropriated not more than $23,000,000 for the acquisition of lands and interests in land pursuant to sections 459e to 459e–9 of this title, and, after December 23, 1980, not more than $500,000 for development.
(Pub. L. 88–587, § 10, Sept. 11, 1964, 78 Stat. 933; Pub. L. 94–578, title I, § 101(5), Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95–625, title III, § 322(d), Nov. 10, 1978, 92 Stat. 3489; Pub. L. 96–585, § 1(e), Dec. 23, 1980, 94 Stat. 3379.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–585 inserted provision authorizing $500,000 appropriation for development.
1978—Pub. L. 95–625 substituted “$23,000,000” for “$18,000,000”.
1976—Pub. L. 94–578 substituted “$18,000,000” for “$16,000,000”.
16 U.S.C. § 459e–10 (CONSERVATION)
§ 459e–10. Authority to accept donation of William Floyd Estate
The Secretary of the Interior is authorized to accept the donation of approximately six hundred and eleven acres of lands, submerged lands, islands, and marshlands or interests therein, known as the William Floyd Estate, located in the town of Brookhaven, county of Suffolk, and State of New York, delineated on a certain map entitled “Map of the Fire Island National Seashore, Including the William Floyd Estate”, numbered OGP–0003, dated May 1965, which map or a true copy thereof shall be filed with the Federal Register and may be examined in the offices of the Department of the Interior. Such donation may be accepted subject to such terms, covenants, and conditions as the Secretary finds will be in the public interest.
(Pub. L. 89–244, § 1, Oct. 9, 1965, 79 Stat. 967.)
16 U.S.C. § 459e–11 (CONSERVATION)
§ 459e–11. Authority to accept donation of main dwelling on William Floyd Estate; lease-back of donated property
The Secretary is also authorized to accept the donation of the main dwelling on said lands, which was the birthplace and residence of General William Floyd (a signer of the Declaration of Independence) and the furnishings therein and any outbuildings, subject to like terms, covenants, and conditions. The Secretary is authorized to lease said lands, dwellings, and outbuildings to the grantors thereof for a term of not more than twenty-five years, at $1 per annum, and during the period of the leasehold the Secretary may provide protective custody for such property.
(Pub. L. 89–244, § 2, Oct. 9, 1965, 79 Stat. 967.)
16 U.S.C. § 459e–12 (CONSERVATION)
§ 459e–12. Administration of property of William Floyd Estate; detached unit
Upon expiration or surrender of the aforesaid lease the property shall become a detached unit of the Fire Island National Seashore, and shall be administered, protected, and developed in accordance with the laws applicable thereto subject, with respect to said main dwelling and the furnishings therein, to such terms, covenants, and conditions which the Secretary shall have accepted and approved upon the donation thereof as in the public interest.
(Pub. L. 89–244, § 3, Oct. 9, 1965, 79 Stat. 967.)
16 U.S.C. § 459f (CONSERVATION)
§ 459f. Assateague Island National Seashore; purposes; description of area
For the purpose of protecting and developing Assateague Island in the States of Maryland and Virginia and certain adjacent waters and small marsh islands for public outdoor recreation use and enjoyment, the Assateague Island National Seashore (hereinafter referred to as the “seashore”) shall be established and administered in accordance with the provisions of sections 459f to 459f–11 of this title. The seashore shall comprise the area within Assateague Island and the small marsh islands adjacent thereto, together with the adjacent water areas not more than one-half mile beyond the mean high waterline of the land portions as generally depicted on a map identified as “Proposed Assateague Island National Seashore, Boundary Map, NS–AI–7100A, November, 1964”, which map shall be on file and available for public inspection in the offices of the Department of the Interior.
(Pub. L. 89–195, § 1, Sept. 21, 1965, 79 Stat. 824.)