A bill to provide for additional authorization for appropriations for the Tinicum National Environmental Center.
PL 96-315 (S.2382), enacted 07/25/1980

PUBLIC LAW 96-315—JULY 25, 1980 
94 STAT. 957 
Public Law 96-315 
96th Congress 
An Act 
To provide for additional authorization for appropriations for the Tinicum National 
Environmental Center. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. The Act of June 30,1972, entitled "An Act to provide for 
the establishment of the Tinicum National Environmental Center in 
the Commonwealth of Pennsylvania, and for other purposes" is 
amended— 
(1) by amending section 7 to read as follows: 
"SEC. 7. There are authorized to be appropriated, $19,500,000 (of 
which $8,400,000 shall be available beginning October 1, 1980) for 
acquisition of the Tinicum National Environmental Center, for 
construction of environmental educational center facilities, and for 
other development projects on the Center, to remain available until 
September 30,1985.^'; and 
(2) by adding at the end thereof the following new section: 
"SEC. 8. The Administrator of the Environmental Protection 
Agency, in consultation and cooperation with the Fish and Wildlife 
Service, is directed to investigate potential environmental health 
hazards resulting from the Folcroft landfill, within the authorized 
boundary of the Tinicum National Environmental Center, and to 
develop alternative recommendations as to how such hazards, if any, 
might best be addressed in order to protect the refuge and the general 
public". 
SEC. 2. (a) If— 
(1) the property known as Sailors' Snug Harbor, consisting of 
approximately eighty acres and located in the city of New York, 
is donated to the Secretary of the Interior (hereinafter referred to 
as the "Secretary") by the city of New York; and 
(2) the Secretary and the city of New York and the Snug 
Harbor Cultural Center, Incorporated, enter into mutually satis-
factory cooperative agreements of the kind described in subsec-
tion (c) of this section, the Secretary shall manage Sailors' Snug 
Harbor as a National Wildlife Refuge until the completion of the 
study required by subsection (e) of this section. 
(b) Except as may be provided for in cooperative agreements 
referred to in paragraph (2) of subsection (a) and in subsection (c) of 
this section, the property acquired under paragraph (1) of subsection 
(a) of this section shall be administered in accordance with the 
provisions of the National Wildlife Refuge System Administration 
Act of 1966. 
(c)(1) The Secretary and the city of New York and the Snug Harbor 
Cultural Center, Incorporated, shall endeavor to enter into coopera-
tive agreements regarding the respective functions each such party 
will undertake with respect to the property acquired under para-
graph (1) of subsection (a) of this section, except that the Secretary 
shall only be responsible for the protection of such property and the 
July 25, 1980 
[S. 2382] 
Tinicum 
National 
Environmental 
Center, 
appropriation 
authorization. 
86 Stat. 391. 
16 u s e 668dd 
note. 
86 Stat. 392. 
Folcroft landfill, 
environmental 
hazards. 
16 u s e 668dd 
note. 
Sailors' Snug 
Harbor. 
Management as 
National 
Wildlife 
Refuge. 
16 u s e 668dd 
note. 
Cooperative 
agreements. 
94 STAT. 958 
PUBLIC LAW 96-315—JULY 25, 1980 
Additional 
statutory 
authority. 
Eligibility for 
funds. 
Fee area. 
16 u s e 715s. 
Study. 
5 u s e app. 
Appropriation 
authorization. 
Back Bay 
National Wild-
life Refuge, 
vehicular access. 
"Eligibile 
applicant." 
costs for normal operation and maintenance of such property as a 
refuge. 
(2) In addition, the Secretary may, if he deems appropriate, 
utilize any additional statutory authority that he may have for the 
conservation and development of wildlife and natural resources on 
such property and interpretative environmental education at such 
property. 
(3) Nothing in this Act or cooperative agreements negotiated 
pursuant to this Act may be construed as affecting in any manner, or 
to any extent, the eligibility (as in effect on the day before the date of 
the enactment of this Act) of the city of New York, the Snug Harbor 
Cultural Center, Incorporated, or the State of New York, under any 
Federal law for funds or other assistance for use in the restoration or 
preservation of historic buildings, or in the carrying out of develop-
mental and recreational projects and programs, within the area 
included in such property. 
(d) For purposes of section 401 of the Act of June 15, 1935 
(commonly known as the "Refuge Revenue Sharing Act"), the proper-
ty acquired under paragraph (1) of subsection (a) of this section may 
not be considered to be, nor treated as, a fee area within the meaning 
of subsection (g)(2) of such section 401. 
(e) Within two years after the date of enactment of this Act, the 
Secretary shall complete a study of the property acquired under 
paragraph (1) of subsection (a) of this section to determine how the 
resources and facilities could best be protected and managed under 
other statutory authorities available to him. Notwithstanding the 
National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee) and pursuant to Reorganization Plan No. 3 of 
1950, such property shall upon completion of such study, either be 
placed permanently in the National Wildlife Refuge System by the 
Secretary or transferred by the Secretary to any more appropriate 
agency of the Department of the Interior to be managed as, and 
become a part of, that agency consistent with its general statutory 
responsibilities. Notwithstanding the provisions of this Act, subse-
quent to such transfer, if any, the resources and facilities identified 
in the study shall be managed consistent with the findings of the 
study and that agency's authorized programs using the funding 
authorized under this section. 
(f) There are authorized to be appropriated to the Department of 
the Interior not to exceed $1,750,000 for purposes of carrying out this 
section during the period covering fiscal years 1981, 1982, and 1983; 
except that no part of any funds appropriated pursuant to this section 
may be expended for the restoration or preservation of any building 
within the property acquired under paragraph (1) of subsection (a) of 
this section or for activities other than those enumerated in subsec-
tions (b) and (c) of 
this section. 
SEC. 3. (a) During any period in which the Secretary of the Interior, 
by regulation, limits vehicular access to Back Bay National Wildlife 
Refuge, the Secretary of the Interior shall issue to any eligible 
applicant, a renewable annual permit to enable, the applicant to 
commute across the Back Bay National Wildlife Refuge. For purposes 
of 
this section, the term "eligible applicant" shall include all full-time 
residents who can furnish to the Refuge Manager, Back Bay National 
Wildlife Refuge, adequate proof of residence commencing prior to 
December 31, 1979, on the Outer Banks from the refuge boundary 
south to and including the village of Corolla, North Carolina, as long 
as they remain full-time residents. The south boundary of the area for 
access consideration is defined as a straight east-west line extending 
PUBLIC LAW 96-315—JULY 25, 1980 
94 STAT. 959 
Definitions. 
from Currituck Sound to the Atlantic Ocean and passing through a 
point one thousand and six hundred feet due south of the Currituck 
Lighthouse. 
(b) As used in this section, the terms— 
(1) "residence" means a place of general abode; 
(2) "place of general abode" means a principal, actual dwelling 
place in fact, without regard to intent; and 
(3) "dwelling" means a residential structure occupied on year-
round basis by the permit applicant and shall not include 
seasonal or part-time dwelling units such as beach houses, 
vacation cabins, or structures which are intermittently occupied. 
(c) Any permit issued pursuant to this section shall assure that 
eligible applicants shall be allowed at least two round trips per day. 
Travel pursuant to such permits may be restricted to between the 
hours of 5:00 a.m. and 12:00 p.m. (midnight). In addition the Refuge 
Manager may make exceptions to access restrictions for qualified 
permittees who have demonstrated to the satisfaction of the Refuge 
Manager a need for additional access relating to health or livelihood. 
(d) Permits pursuant to this section shall be renewed upon the Permit renewal. 
submission of a signed, notarized statement by an eligible applicant 
that conditions of the previous permit have not changed. 
(e) The Secretary of the Interior, may, subject to the foregoing 
provisions of this section, issue such regulations as are necessary to 
protect the resources of the refuge. 
Approved July 25, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-890 accompanying H.R. 5679 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 96-675 (Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
May 6, considered and passed Senate. 
May 19, H.R. 5679 considered and passed House; passage vacated and S. 2382, 
amended, passed in lieu. 
July 2, Senate concurred in House amendment with amendments; House 
concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 31: 
July 26, Presidential statement. 
79-194 
O—81—pt. 1 
64 : QL3