Fire Island National Seashore Amendments of 1984
PL 98-482 (H.R.3697), enacted 10/17/1984

PUBLIC LAW 98-482—OCT. 17, 1984 
98 STAT. 2255 
Public Law 98-482 
98th Congress 
An Act 
To modify Federal land acquisition and disposal policies carried out with respect to 
Fire Island National Seashore, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "Fire Island National Seashore Amendments Act of 
1984". 
SEC. 2. Section 2 of the Act entitled "An Act to establish the Fire 
Island National Seashore, and for other purposes", approved Sep-
tember 11, 1964 (16 U.S.C. 459e-l), is amended by adding at the end 
thereof the following new subsections: 
"(h)(1)(A) The Secretary shall sell any property described in sub-
paragraph (B) of this paragraph acquired by condemnation under 
this Act to the highest bidder; except that— 
"(i) no property shall be sold at less than its fair market 
value; and 
"(ii) no property shall be sold unless it is sold subject to 
covenants or other restrictions that will ensure that the use of 
such property conforms— 
"(I) to the standards specified in regulations issued under 
section 3(a) of this Act which are in effect at the time of 
such sale, and 
"(II) to any approved zoning ordinance or amendment 
thereof to which such property is subject. 
"(B) The property referred to in subparagraph (A) of this para-
graph is any property within the boundaries of the national sea-
shore as delineated on the map mentioned in section 1 except— 
"(i) property within the Dune district referred to in subsection 
(g) of this section; 
"(ii) beach or waters and adjoining land within the exempt 
communities referred to in the first sentence of subsection (e) of 
this section; and 
"(iii) property within the eight-mile area described in the 
second sentence of subsection (e) of this section; and 
"(iv) any property acquired prior to October 1, 1982, that the 
Secretary determines should be retained to further the purpose 
of this Act. 
"(2) Notwithstanding any other provision of law, all moneys 
received from sales under paragraph (1) of this subsection may be 
retained and shall be available to the Secretary, without further 
appropriation, only for purposes of acquiring property under this 
Act. 
"(i)(l) Upon or after the commencement of any action for condem-
nation with respect to any property under this Act, the Secretary, 
through the Attorney General of the United States, may apply to 
the United States District Court for the Eastern District of New 
York for a temporary restraining order or injunction to prevent any 
use of, or construction upon, such property that— 
Oct. 17, 1984 
[H.R. 3697] 
Fire Island 
National 
Seashore 
Amendments 
Act of 1984. 
Conservation. 
Real property. 
16 u s e 459e 
note. 
16 u s e 459e-2. 
Courts, U.S. 
98 STAT. 2256 
PUBLIC LAW 98-482—OCT. 17,1984 
Infra. 
16 u s e 459e-l. 
Ante, p. 2255. 
"(A) fails, or would result in a failure of such property, to 
conform to the standards specified in regulations issued under 
16 use 459e-2. 
section 3(a) of this Act in effect at the time such use or construc-
tion began;or 
"(B) in the case of undeveloped tracts in the Dune district 
referred to in subsection (g) of this section, would result in such 
undeveloped property not being maintained in its natural state. 
"(2) Any temporary restraining order or injunction issued pursu-
ant to such an application shall terminate in accordance with the 
provisions of section 3(g) of this Act.". 
SEC. 3. Section 3(e) of the Act entitled "An Act to establish the 
Fire Island National Seashore, and for other purposes", approved 
September 11, 1964 (16 U.S.C. 459e-2(e)), is amended to read as 
follows: 
"(e) In the case of any property, including improved property but 
excluding undeveloped property in the Dune district referred to in 
section 2(g) of this Act, with respect to which the Secretary's author-
ity to acquire by condemnation has been suspended under this Act 
if— 
"(1) such property is, after the date of the enactment of the 
Fire Island National Seashore Amendments Act of 1984, made 
the subject of a variance under, or becomes for any reason an 
exception to, any applicable zoning ordinance approved under 
this section; and 
"(2) such variance or exception results, or will result, in such 
property being used in a manner that fails to conform to any 
applicable standard contained in regulations of the Secretary 
issued pursuant to this section and in effect at the time such 
variance or exception took effect; 
then the suspension of the Secretary's authority to acquire such 
property by condemnation shall automatically cease.". 
SEC. 4. Subsection (b) of section 3 of the Act entitled "An Act to 
establish the Fire Island National Seashore, and for other pur-
poses", approved September 11, 1964 (16 U.S.C. 459e-2(b)) is 
amended by striking out "by means of acreage, frontage, and set-
back requirements." and inserting "by means of limitations or 
restrictions on the size, location or use of any commercial, residen-
tial, and other structures. In accomplishing these objectives, such 
standards shall seek to reconcile the population density of the 
seashore at the time of enactment of the Fire Island National 
Ante, p. 2255. 
Seashore Amendments Act of 1984 with the protection of the natu-
ral resources of the Seashore consistent with the purposes for which 
it has been established as provided by this Act.". 
SEC. 5. Section 3 of the Act entitled "An Act to establish the Fire 
Island National Seashore, and for other purposes", approved Sep-
tember 11, 1984 (16 U.S.C 459e-2) is amended by adding the follow-
ing new subsection (g) after subsection (f): 
Courts, U.S. 
"(g) Notwithstanding any other provision of this Act, the Secre-
tary of the Interior, acting through the Attorney General of the 
United States, may apply to the United States District Court for the 
Eastern District of New York for a temporary restraining order or 
injunction to prohibit the use of, including construction upon, any 
property within the seashore in a manner that— 
"(1) will cause or is likely to cause significant harm to the 
natural resources of the seashore, or 
"(2) is inconsistent with the purposes for which the seashore 
was established. 
PUBLIC LAW 98-482—OCT. 17, 1984 
98 STAT. 2257 
Except to the extent the Court may deem necessary in extraordi-
nary circumstances, no such order or injunction shall continue in 
effect for more than one hundred and eighty days. During the period 
of such order or injunction, the Secretary shall diligently and in 
good faith negotiate with the owner of the property to assure that 
following termination of the order or injunction, the inconsistent 
use is abated or the significant harm to the natural resources is 
mitigated.". 
Approved October 17, 1984. 
LEGISLATIVE HISTORY—H.R. 3697: 
HOUSE REPORT No. 98-1065 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Sept. 24, considered and passed House. 
Oct. 3, considered and passed Senate.