An Act to provide for the establishment of the Assateague Island National Seashore in the States of Maryland and Virginia, and for other purposes
PL 89-195 (S.20), enacted 09/21/1965

824 
PUBUC LAW 89-195-SEPT. 21, 1965 
[79 STAT. 
Public Law 89-195 
September 21, 1965 
A N A C T 
^^- ^°] 
To provide for the establishment of the Assateague Island National Seashore 
in the States of Maryland and Virginia, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Assateague Is- 
United Sttttes of AmeHca in Congress assembled^ That for the pur-
se"thlr*e'°JM.-va. P^se of protecting and developing Assateague Island in the States 
Estabii'shment, 
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 this Act. 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. 
Acquisition o
f 
SEC. 2. (a) Withlu the boundaries of the seashore, the Secretary 
lands, etc. 
^^ ^^ Interior (hereinafter referred to as the "Secretary") is author-
ized to acquire lands, waters, and other property, or any interest 
therein, by donation, purchase with donated or appropriated funds, 
exchange, or in such other method as he may find to be in the public 
interest. The Secretary is authorized to acquire, by any of the above 
methods, not to exceed ten acres of land or interests therein on the 
mainland in Worcester County, Maryland, for an administrative site. 
In the case of acquisition by negotiated purchase, the property owners 
shall be paid the fair market value by the Secretary. Any property 
or interests therein owned by the States of Maryland or Virginia shall 
be acquired only with the concurrence of such owner. 
Notwithstand-
ing any other provision of law, any Federal property located within 
the boundaries of the seashore and not more than ten acres of Federal 
property on the mainland in Worcester County, Maryland, may, with 
the concurrence of the agency having custody thereof, be transferred 
without consideration to the administrative jurisdiction of the Secre-
tary for purposes of the seashore. 
Exchange of 
(b) Wheu acquiring lands by exchange, the Secretary may accept 
title to any non-Federal property within the boundaries of the sea-
shore and to not more than ten acres of non-Federal property on the 
mainland in Worcester County, Maryland, and convey to the grantor 
of such property any federally owned property under the jurisdiction 
of the Secretary which he classifies as suitable for exchange or other 
disposal, and which is located in Maryland or Virginia. The proper-
ties so exchanged shall be approximately equal in fair market value, 
but the Secretary may accept cash from or pay cash to the grantor in 
order to equalize the values of the properties exchanged. 
Bridge acquisi- 
^(j) Thc Secretary is authorized to acquire all of the right, title, 
or interest of the Chincoteague-Assateague Bridge and Beach Author-
ity, a political-subdivision of the State of Virginia, in the bridge con-
structed by such authority across the Assateague Channel, together 
with all lands or interests therein, roads, parking lots, buildings, or 
other real or personal property of such authority, and to compensate 
the authority in such amount as will permit it to meet its valid out-
standing obligations at the time of such acquisition. 
Payments by 
the Secretary shall be on such terms and conditions as he shall consider 
to be in the public interest. Any of the aforesaid property outside the 
properties. 
tion. 
79 STAT. ] 
PUBLIC LAW 89-195-SEPT. 21, 1965 
825 
boundaries of the national seashore, upon acquisition by the Secretary, 
shall be subject to his administration for purposes of the seashore. 
(d) Owners of improved property acquired by the Secretary may reSncyTnd'^^ 
reserve for themselves and their successors or assigns a right of use hunting. 
and occupancy of the improved property for noncommercial resi-
dential purposes or for hunting purposes, as hereinafter provided, 
for a term that is not more than twenty-five years. 
In such cases, the 
Secretary shall pay to the owner of the property the fair market 
value thereof less the fair market value of the right retained by such 
owner: Provided, That such use and occupancy shall be subject to 
general rules and regulations established by the Secretary with respect 
to the outward appearance of anv buildings on the lands involved. 
The term "improved property" as used in this Act shall mean (1) any J^^y?'"^^'^ ^'°'^ 
single-family residence the construction of which was begun before 
January 1, 1964, and such amount of land, not in excess of three acres, 
on which the building is situated as the Secretary considers reasonably 
necessary to the noncommercial residential use of the building, and 
(2) any property fronting on the Chincoteague Bay or Sinepuxent 
Bay, including the offshore bay islands adjacent thereto, that is used 
chiefly for hunting and continues in such use: Prdvided, That the Sec-
retary may exclude from improved properties any marsh, beach, or 
waters, together with so much of the land adjoining such marsh, beach, 
or waters as he deems necessary for Dublic use or public access thereto. 
SEC. 3. (a) If the bridge from Shandy Point to Assateague Island tifn c'^sts!""^*'"'^ 
is operated by the State of Maryland as a toll-free facility, the Secre- 
compensation to 
tary is authorized and directed to compensate said State in the amount Maryland. 
of two-thirds of the cost of constructing the bridge, including the cost 
of bridge approaches, engineering, and all other related costs, but the 
total amount of such compensation shall be not more than $1,000,000; 
and he is authorized to enter into agreements with the State of Mary-
land relating to the use and management of the bridge. 
(b) The State of Maryland shall have the right to acquire or lease 
from the United States such lands, or interests therein, on the island 
north of the area now used as a State park as the State may from time 
to time determine to be needed for State park purposes, and the Secre-
tary is authorized and directed to convey or lease such lands, or inter-
ests therein, to the State for such purposes upon terms and conditions 
which he deems will assure its public use in harmony with the purposes 
of this Act. In the event any of such terms and conditions are not 
complied with, all the property, or any portion thereof, shall, at the 
option of the Secretary, revert to the United States in its then existing 
condition. Any lease hereunder shall be for such consideration as the 
Secretary deems equitable; and any conveyance of title to land here-
under may be made only upon payment by the State of such amounts 
of money as were expended by the United States to acquire such land, 
or interests therein, and upon payments of such amounts as will 
reimburse the United States for the cost of any improvements placed 
thereon by the United States, including the cost to it of beach pro-
tection : Provided, That reimbursement for beach protection shall not 
exceed 30 per centum, as determined by the Secretary, of the total 
cost of the United States of such protection work. 
SEC. 4. Wlien the Secretary determines that land, water areas, or Y^^^rli^^°i'steT 
interests therein within the area generally depicted on the map 
referred to in section 1 are owned or have been acquired by the United 
States in sufficient quantities to provide an administrable unit, he 
shall declare the establishment of the Assateague Island National Sea-
shore by publication of notice thereof in the Federal Register, 
Such 
notice shall contain a refined description or map of the boundaries of 
(he seashore as the Secretary may find desirable, and the ex':erior 
49-850 0-66—55 
826 
PUBLIC LAW 89-195-SEPT. 21, 1965 
[79 STAT. 
Hunting and 
fishing provisions. 
Administration. 
16 u s e 460k-
460k-4. 
Public accom-
modations. 
Construction. 
boundaries shall encompass an area as nearly as practicable identical 
to the area described in section 1 of this Act. 
SEC. 5. The Secretary shall permit hunting and fishing on land and 
waters under his control withm the seashore in accordance with the 
appropriate State laws, to the extent applicable, except that the Sec-
retary may designate zones where, and establish periods when, no 
hunting or fishing shall be permitted for reasons of public safety, 
administration, fish or wildlife management or public use and enjoy-
ment : Provided^ That nothing in this Act shall limit or interfere with 
the authority of the States to permit or to regulate shellfishing in any 
waters included in the national seashore: Provided further^ That noth-
ing in this Act shall add to or limit the authority of the Federal 
Government in its administration of Federal laws regulating migra-
tory waterfowl. 
Except in emergencies, any regulations of the Secre-
tary pursuant to this section shall be put into effect only after 
consultation with the appropriate State agency responsible for hunt-
ing and fishing activities. The provisions of this section shall not 
apply to the Chincoteague National Wildlife Refuge. 
SEC. 6. (a) Except as provided in subsection (b) of this section, 
the Secretary shall administer the Assateague Island National Sea-
shore for general purposes of public outdoor recreation, including 
conservation of natural features contributing to public enjoyment. 
In the administration of the seashore and the administrative site the 
Secretary may utilize such statutory authorities relating to areas 
administered and supervised by the Secretary through the National 
Park Service and such statutory authority otherwise available to him 
for the conservation and management of natural resources as he deems 
appropriate to carry out the purposes of this Act. 
(b) Notwithstanding any other provision of this Act, land and 
waters in the Chincoteague National Wildlife Refuge, which are a 
{)art of the seashore, shall be administered for refuge purposes under 
aws and regulations applicable to national wildlife refuges, includ-
ing administration for public recreation uses in accordance with the 
provisions of the Act of September 28, 1962 (Public Law 87-714; 
76 Stat. 653). 
SEC. 7. (a) In order that suitable overnight and other public accom-
modations on Assateague Island will be provided for visitors to the 
seashore, the Secretary shall select and set aside one or more parcels 
of land in Maryland having a suitable elevation in the area south of the 
island terminus of the Sandy Point-Assateague Island Bridge, the 
total of which shall not exceed six hundred acres, and the public use 
area on the Chincoteague National Wildlife Refuge now operated by 
the Chincoteague-Assateague Bridge and Beach Authority of the 
Commonwealth of Virginia, and shall provide or allow the provision of 
such land fill within the areas selected as he deems necessary to permit 
and protect permanent construction work thereon: Provided^ That 
the United States shall not be liable for any damage that may be 
incurred by persons interested therein by reason of the inadequacy of 
the fill for the structures erected thereon. 
(b) Within the areas designated under subsection (a) of this sec-
tion the Secretary shall permit the construction by private persons 
of suitable overnight and other public accommodations for visitors 
to the seashore under such terms and conditions as he deems necessary 
in the public interest and in accordance with the laws relating to con-
cessions within the national park system. 
(c) The site of any facility constructed under authority of this 
section shall remain the property of the United States. Each pri-
vately constructed concession facility, whether within or outside of 
an area designated under subsection (a) of this section, shall be 
79 STAT. ] 
PUBLIC LAW 89-196-SEPT. 21, 1965 
827 
mortgageable, taxable, and subject to foreclosure proceedings, all in 
accordance with the laws of the State in which it is located and the 
political subdivisions thereof. 
(d) The Secretary shall make such rules and regulations as may be 
necessary to carry out this section. 
(e) Nothing in this section shall be deemed to restrict or limit any 
other authority of the Secretary relating to the administration of the 
seashore. 
SEC. 8. The Secretary of the Interior and the Secretary of the Army eontrM!" etc°"'°" 
shall cooperate in the study and formulation of plans for beach erosion 
control and hurricane protection of the seashore; and any such pro-
tective works that are undertaken by the Chief of Engineers, Depart-
ment of the Army, shall be carried out in accordance with a plan that 
is acceptable to the Secretary of the Interior and is consistent with 
the purposes of this Act. 
SEC. 9. (a) The Secretary of the Interior is authorized and directed tio^°ancrmainte!' 
to construct and maintain a road from the Chincoteague-Assateague nance. 
Island Bridge to the area in the wildlife refuge that he deems appro-
priate for recreation purposes. 
(b) The Secretary of the Interior is authorized and directed to 
construct a road, and to acquire the necessary land and rights-of-way 
therefor, from the Chincoteague-Assateague Island Bridge to the 
Sandy Point-Assateague Bridge in such manner and in such location 
as he may select, giving proper consideration to the purpose for which 
the wildlife refuge was established and the other purposes intended 
to be accomplished by this Act. 
SEC. 10. The Secretary of the Interior is authorized to purchase 
from a public utility any facilities of that utility which are no longer 
of value to it as a result of the establishment of the Assateague Island 
National Seashore and shall pay for such facilities an amount equal 
to the cost of constructing such facilities less depreciation. 
SEC. 11. There are hereby authorized to be appropriated the sum authorTJ^uon°" 
of not more than $16,250,000 for the acquisition of lands and interests 
in land and such sums as may be necessary for the development of the 
area authorized under this Act. 
Approved September 21, 1965. 
Public Law 89-196 
JOINT RESOLUTION 
September 21, iges 
To authorize funds for the Commission on Law Enforcement juul Administration 
[S.J. Res. 102] 
of Justice and the District of Columbia Commission t)n Crime and Law 
Enforcement. 
AVhei-eas the President by Executive Order 11236 on July 28, 1965, 3° ^- ^- -'''*^-
established the Commission on Law Enforcement and Administra-
tion of Justice to study crime in the United States and to recom-
mend ways to reduce and prevent it; and 
Whereas the President by Executive Order 11284 011 Julv 16, 1965, ^o F. R. 9049. 
established the Commission on Crime in the District of Columbisi 
to study the causes of crime and delinquency in tlie District of 
Columbia; and 
Whereas there has been a steady increase in crime in the Nation as 
well as in the District of Columbia: and 
Whereas there is a need to ascertain its causes and to develop methods