An Act to provide for the establishment of the Gateway National Recreation Area in the States of New York and New Jersey, and for other purposes
PL 92-592 (S.1852), enacted 10/27/1972

1308 
PUBLIC LAW 92-592-OCT. 27,1972 
[86 STAT. 
41 Stat. 494; 
79 Stat. 263. 
IXTERSTATE COMMERCE COMMISSION APPROVAL 
SEC. 13. A railroad qualifying for a loan or loans under the provi-
sions of this Act shall not be required to comply with the provisions of 
section 20a of the Interstate Commerce Act (49 U.S.C. 20a) with 
respect to such loan or loans. 
Approved October 27, 1972. 
October 27, 1972 
[S. 1852] 
Public Law 92-592 
AN ACT 
' 
To establish the Gateway National Recreation Area in the States of New York 
and New Jersey, and for other purposes. 
Gateway Nation-
al Recreation 
Area, N.Y.-N.J. 
Establishment. 
Boundary revi-
sions, publication 
in Federal Regis-
ter. 
Lands, waters, 
acquisition. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asseinhled^ That in order to 
preserve and protect for the lise and enjoyment of present and future 
generations an area possessing outstanding natural and recreational 
features, the Gateway National Recreation Area (hereinafter referred 
to as the "recreation area") is hereby established. 
(a) The recreation area shall comprise the following lands, waters, 
marshes, and submerged lands in the New York Harbor area generally 
depicted on the map entitled "Boundary Map, Gateway National Rec-
reation Area,-' numbered 951-40017 sheets 1 through 3 and dated 
May, 1972: 
(1) Jamaica Bay Unit—including all islands, marshes, hassocks, 
submerged lands, and watei-s in Jamaica Bay, Floyd Bennett 
Field, the lands generally located between highway route 27A and 
Jamaica Bay, and the area of Jamaica Bay up to the shoreline of 
John F. Kennedy International Airport; 
(2) Breezy Point Unit—^the entire area between the eastern 
boundary of Jacob Riis Park and the westernmost point of the 
peninsula; 
(3) Sandy Hook Unit—the entire area between Highway 36 
Bridge and the northernmost point of the peninsula; 
(4) Staten Island Unit—including Great Kills Park, Miller 
Field (except for approximately 26 acres which are to be made 
available for public school purposes), Fort Wadsworth, and the 
waterfront lands located between the streets designated as Cedar 
Grove Avenue, Seaside Boulevard, and Drury Avenue and the 
bay from Great Kills to Fort Wadsworth; 
(5) Hoffman and Swinburne Islands; and 
(6) All submerged lands, islands, and waters within one-fourth 
of a mile of the mean low water line of any waterfront area 
included above. 
(b) The map referred to in this section shall be on file and avail-
able for public inspection in the offices of the National Park Service, 
Department of the Interior, "Washington, District of Columbia. After 
advising the Committees on Interior and Insular Affairs of the United 
States House of Representatives and the United States Senate in 
writing, the Secretary of the Interior (hereinafter referred to as the 
"Secretary") is authorized to make minor revisions of the boundaries 
of the recreation area when necessary by publication of a revised draw-
ing or other boundary description in the Federal Register. 
SEC. 2. (a) Within the boundaries of the recreation area, the Secre-
tary may acquire lands and waters or interests therein by donation, 
purchase or exchange, except that lands owned by the States of New 
York or New Jersey or any political subdivisions thereof may be 
acquired only by donation. 
86 STAT.] 
PUBLIC LAW 92-592-OCT. 27, 1972 
1309 
(b) With the concurrence of the agency having custody thereof, any 
Federal property within the boundaries of the recreation area may be 
transferred, witnout consideration, to the administrative jurisdiction 
of the Secretary for administration as a part of the recreation area. 
(c) Within the Breezy Point Unit, (1) the Secretary shall acquire 
an adequate interest in the area depicted on the map referred to in 
section 1 of this Act to assure the public use of and access to the entire 
beach. The Secretary may enter into an agreement with any property 
owner or owners to assure the continued maintenance and use of all 
remaining lands in private ownership as a residential community com-
posed of single-family dwellings. Any such agreement shall be irrevo-
cable, unless terminated by mutual agreement, and shall specify, 
among other things: 
(A) that the Secretary may designate, establish and maintain 
a buffer zone on Federal lands separating the public use area and 
the private community; 
(B) that all construction commencing within the community, 
including the conversion of dwellings from seasonal to year-
round residences, shall comply with standards to be established 
by the Secretary; 
(C) that additional commercial establishments shall be per-
mitted only with the express prior approval of the Secretary or 
his designee. 
(2) If a valid, enforceable agreement is executed pursuant to para-
graph (1) of this subsection, the authority of the Secretary to acquire 
any interest in the property subject to the agreement, except for the 
beach property, shall be suspended. 
(3) The Secretary is authorized to accept by donation from the city 
of New York any right, title, or interest which it holds in the parking 
lot at Eockaway which is part of the Marine Bridge project at Riis 
Park. Nothing herein shall be deemed to authorize the United States 
to extinguish any present or future encumbrance or to authorize the 
State of New York or any political subdivision or agency thereof to 
further encumber any interest in the property so conveyed. 
(d) Within the Jamaica Bay Unit, (1) the Secretary may accept 
title to lands donated by the city of New York subject to a retained 
right to continue existing uses for a specifically limited period of time 
if such uses conform to plans agreed to by the Secretary, and (2) the 
Secretary may accept title to the area known as Broad Channel Com-
munity only if, within five years after the date of enactment of this 
Act, all improvements have been removed from the area and a clear 
title to the area is tendered to the United States. 
SEC. 3. (a) The Secretary shall administer the recreation area in 
accordance with the provisions of the Act of August 25,1916 (39 Stat. 
535; 16 IT.S.C. 1, 2-4), as amended and supplemented. In the admin-
istration of the recreation area the Secretary may utilize such statutory 
authority available to him for the conservation and management of 
wildlife and natural resources as he deems appropriate to carry out the 
purposes of this Act: Provided^ That the Secretary shall administer 
and protect the islands and waters within the Jamaica Bay Unit with 
the primary aim of conserving the natural resources, fish, and wildlife 
located therein and shall permit no development or use of this area 
which is incompatible with this purpose. 
(b) The Secretary shall designate the principal visitor center con-
structed within the recreation area as the "William Fitts Eyan Visitor 
Center" in commemoration of the leadership and contributions which 
Eepresentative William Fitts Eyan made with respect to the creation 
and establishment of this public recreation area. 
Federal property 
transfer. 
Breezy Point 
Unit. 
Rockaway, park-
ing lot, convey-
ance. 
Jamaica Bay 
Unit. 
Broad Channel 
Community. 
Administration. 
William Fitts 
Ryan Visitor 
Center, designa-
tion. 
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PUBLIC LAW 92-592-OCT. 27, 1972 
[86 STAT. 
coo^erI«ve*°*^ 
(^) '^^^ Secretary is authorized to enter into cooperative agreements 
agreements. 
with the Statcs of New York and New Jersey, or any political sub-
division thereof, for the rendering, on a reimbursable basis, of i-escue, 
firefighting, and law enforcement services and cooperative assistance 
by nearby law enforcement and fire preventive agencies. 
Water resource 
^^j^ 'pj^g authority of thc Secretary of the Army to undertake or 
eve opmen s. 
contribute to Water resource developments, including shore erosion 
control, beach protection, and navigation improvements (including 
the deepening of the shipping channel from the Atlantic Ocean to the 
New York harbor) on land and/or waters within the recreation area 
shall be exercised in accordance with plans which are mutually accept-
able to the Secretary of the Interior and the Secretary of the Army 
and which are consistent with both the purpose of this Act and the 
purpose of existing statutes dealing with water and related land 
resource development. 
Airway faciii- 
(^^ ^he authority of the Secretary of Transportation to maintain 
operaTk)", and"i^^-' ^^^ Operate cxistiug airwav facilities and to install necessary new 
staiiation. 
facilities within the recreation area shall be exercised in accordance 
with plans which are mutually acceptable to the Secretary of the In-
terior and the Secretary of Transportation and which are consistent 
with both the purpose of this Act and the purpose of existing statutes 
dealing with the establishment, maintenance, and operation of airway 
facilities: Provided^ That nothing in this section shall authorize the 
expansion of airport runways into Jamaica Bay or air facilities at 
Floyd Bennett Field. 
Hunting, fish- 
(f) xhc Secretary shall permit hunting, fishing, shellfishing, trap-
ing, an tfapp ng, pjj^g^ ^j^^j ^j^g taking of spccimeus on the lands and waters under his 
jurisdiction within the Gateway National Recreation Area in accord-
ance with the applicable laws of the United States and the laws of the 
States of New York and New Jersey and political subdivisions thereof, 
except that the Secretary may designate zones where and establish 
periods when these activities may not be permitted for reasons of pub-
lic safety, administration, fish or wildlife management, or public use 
and enjoyment. 
^ Sandy Hook and 
(gr) In the Sandy Hook and Staten Island Units, the Secretary 
unitt" ^ ^" 
shall inventory and evaluate all sites and structures having present 
and potential historical, cultural, or architectural significance and shall 
provide for appropriate programs for the preservation, restoration, 
interpretation, and utilization of them. 
(h) Notwithstanding any other provision of law, the Secretary is 
authorized to accept donations of funds from individuals, founda-
tions, or corporations for the purpose of providing services and facili-
ties which he deems consistent with the purposes of this Act. 
Gateway Nation- 
gp;c. 4. (a) Thcrc is hcrcby established a Gateway National Recrea-
Advitory^commisl^ tlou Area Advisory Commission (hereinafter referred to as the 
sion, establish- 
"Commissiou"). Said Commission shall terminate ten years after the 
ment; termination. ^^^^ ^^ ^^^ establishment of the rccreatiou area. 
Membership. 
^|^^ rpj^g Commissiou shall be composed of eleven members each 
appointed for a term of two years by the Secretary as follows: 
(1) two members to be appointed from recommendations made 
by the Governor of the State of New York; 
(2) two members to be appointed from recommendations made 
by the Governor of the State of New Jersey; 
(3) two members to be appointed from recommendations made 
by the mayor of New York City; 
(4) two members to be appointed from recommendations made 
by the mayor of Newark, New Jersey; and 
Donations. 
86 STAT. ] 
PUBLIC LAW 92-593-OCT. 27, 1972 
1311 
(5) three members to be appointed by the Secretary to represent 
the general public, 
(c) The Secretary shall designate one member to be Chairman. Any 
vacancy in the Commission shall be filled in the same manner in which 
the original appointment was made. 
1(d) A member of the Commission shall serve without compensation 
as such. The Secretary is authorized to pay the expenses reasonably 
incurred by the Commission in carrying out its responsibility under 
this Act upon vouchers signed bv the Chairman. 
(e) The Commission established by this section shall act and advise 
by affirmative vote of a majority of the members thereof. 
(f) The Secretary or his designee shall, from time to time, consult 
with the members of the Commission with respect to matters relating 
to the development of the recreation area. 
SEC. 5. There are hereby authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this Act, but not 
more than $12,125,000 for the acquisition of lands and interests in 
lands and not more than $92,813,000 (July, 1971 prices) for develop-
ment of the recreation area, plus or minus such amounts, if any, as 
may be justified by reason of ordinary fluctuations in the construction 
costs as indicated by engineering cost indices applicable to the type of 
construction involved herein. 
Approved October 27, 1972. 
Expenses. 
Appropriation. 
Public Law 92-593 
AN A C T 
October 27, 1972 
To establish the Glen Canyon National Recreation Area in the States of Arizona 
[S- 27] 
and Utah. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled,, That in order to 
provide for public outdoor recreation use and enjoyment of Lake 
Powell and lands adjacent thereto in the States of Arizona and Utah 
and to preserve scenic, scientific, and historic features contributing 
to public enjoyment of the area, there is established the Glen Canyon 
National Recreation Area (hereafter referred to as the "recreation 
area") to comprise the area generally depicted on the drawing entitled 
"Boundary Map Glen Canyon National Recreation Area," numbered 
GLC-91,006 and dated August 1972, which is on file and available 
for public inspection in the office of the National Park Service, Depart-
ment of the Interior. The Secretary of the Interior (hereafter referred 
to as the "Secretary") may revise the boundaries of the recreation area 
from time to time by publication in the Federal Register of a revised 
drawing or other boundary description, but the total acreage of the 
national recreation area may not exceed one million two hundred and 
thirty-six thousand eight hundred and eighty acres. 
SEC. 2. (a) Within the boundaries of the recreation area, the Secre-
tary may acquire lands and interests in lands by donation, purchase, or 
exchange. Any lands owned by the States of Utah or Arizona, or any 
State, political subdivisions thereof, may be acquired only by donation 
or exchange-. No lands held in trust for any Indian tribe may be 
acquired except with the concurrence of the tribal council. 
(b) Nothing in this Act shall be construed to affect the mineral 
rights reserved to the Navajo Indian Tribe under section 2 of the Act 
of September 2, 1958 (72 Stat. 1686), or the rights reserved to the 
Navajo Indian Tribal Council in said section 2 with respect to the use 
of the lands there described under the heading "PARCEL B " . 
Glen Canyon 
National Recrea-
tion Area, Ariz.-
Utah. 
Establishment, 
Publication in 
Federal Regis-
ter. 
Land acquisi-
tion. 
Limitation.