dreamproit/uscode huggingface dataset:
16 U.S.C. § 459c–7 (CONSERVATION)
§ 459c–7. Authorization of appropriations; restriction on use of land
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 459c to 459c–7 of this title, except that no more than $57,500,000 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: Provided, That no freehold, leasehold, or lesser interest in any lands hereafter acquired within the boundaries of the Point Reyes National Seashore shall be conveyed for residential or commercial purposes except for public accommodations, facilities, and services provided pursuant to sections 20 to 20g 1 and 462(h) of this title. In addition to the sums heretofore authorized by this section, there is further authorized to be appropriated $5,000,000 for the acquisition of lands or interests therein.
(Pub. L. 87–657, § 9, formerly § 8, Sept. 13, 1962, 76 Stat. 541; Pub. L. 89–666, § 1(b), Oct. 15, 1966, 80 Stat. 919; renumbered § 7 and amended Pub. L. 91–223, §§ 1, 2(c), Apr. 3, 1970, 84 Stat. 90; renumbered § 8, Pub. L. 94–544, § 4(b), Oct. 18, 1976, 90 Stat. 2515; renumbered § 8, Pub. L. 94–567, § 7(b), Oct. 20, 1976, 90 Stat. 2695; renumbered § 9, Pub. L. 95–625, title III, § 318(e), Nov. 10, 1978, 92 Stat. 3487; amended Pub. L. 95–625, title III, § 318(f), as added Pub. L. 96–199, title I, § 101(a)(5), Mar. 5, 1980, 94 Stat. 67.)
heading: References in Text
text: Sections 20 to 20g of this title, referred to in text, were repealed by Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515.
Sums “heretofore” authorized by this section, referred to in text, means sums authorized by this section prior to the enactment on Mar. 5, 1980, of Pub. L. 96–199, which added the authorization for a $5,000,000 appropriation for the acquisition of lands or interest in lands.
heading: Codification
text: Section 4(b) of Pub. L. 94–544 and section 7(b) of Pub. L. 94–567 identically renumbered this section as section 8 of Pub. L. 87–657.
heading: Amendments
text: 1980—Pub. L. 96–199 inserted provisions authorizing an appropriation of $5,000,000 for the acquisition of lands or interests therein.
1970—Pub. L. 91–223, § 1, substituted “$57,500,000” for “$19,135,000”, restricted conveyances of any interest in any lands acquired after April 3, 1970, only for public accommodations, facilities, and services under provisions for concessions in areas administered by National Park Service.
1966—Pub. L. 89–666 substituted “$19,135,000” for “$14,000,000”.
16 U.S.C. § 459d (CONSERVATION)
§ 459d. Padre Island National Seashore; description of land and waters
In order to save and preserve, for purposes of public recreation, benefit, and inspiration, a portion of the diminishing seashore of the United States that remains undeveloped, the Secretary of the Interior shall take appropriate action in the public interest toward the establishment of the following described lands and waters as the Padre Island National Seashore: Beginning at a point one statute mile northerly of North Bird Island on the easterly line of the Intracoastal Waterway; thence due east to a point on Padre Island one statute mile west of the mean high water line of the Gulf of Mexico; thence southwesterly paralleling the said mean high water line of the Gulf of Mexico a distance of about three and five-tenths statute miles; thence due east to the two-fathom line on the east side of Padre Island as depicted on National Ocean Survey chart numbered 1286; thence along the said two-fathom line on the east side of Padre Island as depicted on National Ocean Survey charts numbered 1286, 1287, and 1288 to the Willacy-Cameron County line extended; thence westerly along said county line to a point 1,500 feet west of the mean high water line of the Gulf of Mexico as that line was determined by the survey of J. S. Boyles and is depicted on sections 9 and 10 of the map entitled “Survey of Padre Island made for the office of the Attorney General of the State of Texas”, dated August 7 to 11, 1941, and August 11, 13, and 14, 1941, respectively; thence northerly along a line parallel to said survey line of J. S. Boyles and distant therefrom 1,500 feet west to a point on the centerline of the Port Mansfield Channel; thence westerly along said centerline to a point three statute miles west of the said two-fathom line; thence northerly parallel with said two-fathom line to 27 degrees 20 minutes north latitude; thence westerly along said latitude to the easterly line of the Intracoastal Waterway; thence northerly following the easterly line of the Intracoastal Waterway as indicated by channel markers in the Laguna Madre to the point of beginning.
(Pub. L. 87–712, § 1, Sept. 28, 1962, 76 Stat. 650.)
heading: Change of Name
text: Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes under section 311 of Title 15, Commerce and Trade.
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: 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–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 sections 1, 2, 3, and 4 of this title, 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.)
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: 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: 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: 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–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: 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–8 (CONSERVATION)
§ 459e–8. Omitted
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: 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. § 459f–10 (CONSERVATION)
§ 459f–10. Authorization of appropriations
There are hereby authorized to be appropriated the sum of not more than $22,400,000 (including such sums, together with interest, as may be necessary to satisfy final judgments rendered against the United States) for the acquisition of lands and interests in land and such sums as may be necessary for the development of the area authorized under sections 459f to 459f–11 of this title.
(Pub. L. 89–195, § 11, Sept. 21, 1965, 79 Stat. 827; Pub. L. 92–272, title I, § 101(1), Apr. 11, 1972, 86 Stat. 120; Pub. L. 94–578, title I, § 101(2), Oct. 21, 1976, 90 Stat. 2732.)
heading: Amendments
text: 1976—Pub. L. 94–578 substituted “$22,400,000” for “$21,050,000”.
1972—Pub. L. 92–272 substituted “$21,050,000 (including such sums, together with interest, as may be necessary to satisfy final judgments rendered against the United States)” for “$16,250,000”.
16 U.S.C. § 459f–11 (CONSERVATION)
§ 459f–11. Comprehensive plan for protection, management, and use of seashore
(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.
(Pub. L. 89–195, § 12, as added Pub. L. 94–578, title III, § 301, Oct. 21, 1976, 90 Stat. 2733.)
heading: Change of Name
text: 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.
16 U.S.C. § 459g (CONSERVATION)
§ 459g. Cape Lookout National Seashore; purposes; authorization for establishment; description of area
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.
(Pub. L. 89–366, § 1, Mar. 10, 1966, 80 Stat. 33; Pub. L. 93–477, title IV, § 406(1), Oct. 26, 1974, 88 Stat. 1448.)
heading: Amendments
text: 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.
16 U.S.C. § 459g–2 (CONSERVATION)
§ 459g–2. Establishment; notice in Federal Register; copies to Congress
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.
(Pub. L. 89–366, § 3, Mar. 10, 1966, 80 Stat. 35; Pub. L. 93–477, title IV, § 406(3), Oct. 26, 1974, 88 Stat. 1448.)
heading: Amendments
text: 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”.
16 U.S.C. § 459g–6 (CONSERVATION)
§ 459g–6. Preservation and designation as wilderness; review of area by Secretary; report to President
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.
(Pub. L. 89–366, § 7, Mar. 10, 1966, 80 Stat. 35; Pub. L. 93–477, title IV, § 406(4), Oct. 26, 1974, 88 Stat. 1449.)
heading: Amendments
text: 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.