An Act to establish the Canaveral National Seashore in the State of Florida, and for other purposes.
PL 93-626 (H.R.5773), enacted 01/03/1975

88 STAT. ] 
PUBLIC LAW 93-626-JAN. 3, 1975 
2121 
" (2) the fair market value of such property exceeds its adjusted 
basis, 
then for purposes of this chapter the transferor shall be treated as 
having sold such property to the political organization on the date 
of the transfer, and the transferor shall be treated as having realized 
an amount equal to the fair market value of such property on such 
date. 
(b) BASIS OF PROPERTY.—In the case of a transfer of property to a 
political organization to which subsection (a) applies, the basis of 
such property in the hands of the political organization shall be the 
same as it would be in the hands of the transferor, increased by the 
amount of gain recognized to the transferor by reason of such transfer. 
"(c) POLITICAL ORGANIZATION DEFINED.—For purposes of this sec-
tion, the term 'political organization' has the meaning given to such 
termby section 527(e)(1)." 
Ante, p. 2116. 
(2) CLERICAL AMENDMENT.—The table of sections for such 
part I I is amended by adding at the end thereof the following: 
"Sec. 84. Transfer of appreciated property to political organizations." 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
^^ ^^^ ^'^ "°*«-
shall apply to transfers made after May 7,1974, in taxable years end-
ing after such date. 
(c) NONRECOGNITION OF G A I N OR LoSS W H E R E ORGANIZATION SOLD 
26 USC 84 note. 
CONTRIBUTED PROPERTY BEFORE AUGUST 2, 1973.—In the case of the 
sale or exchange before August 2, 1973, by an organization described 
in section 527(e) (1) of the Internal Revenue Code of 1954 of property 
which such organization acquired by contribution (within the mean-
ing of section 271(b)(2) of such Code), no gain or loss shall be 
recognized by such organization. 
SEC. 14. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO POLITICAL 
ORGANIZATIONS. 
(a) I N GENERAL.—Section 2501(a) (relating to taxable transfers 
for purposes of the gift tax) is amended by adding at the end thereof 
the following new paragraph: 
"(5) 
TRANSFERS TO POLITICAL ORGANIZATIONS.—Paragraph 
(1) 
shall not apply to the transfer of money or other property to a 
political organization (within the meaning of section 527(e) (1)) 
^"*^> p- 2116. 
for the use of such organization." 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall 
^^ ^^"^ 2^°^ 
apply to transfers made after May 7,1974. 
Approved January 3, 1975. 
Public Law 93-626 
A N A C T 
January 3, 1375 
To establish the Canaveral National Seashore in the State of Florida, and for 
[H. R. 5773] 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled, That in order to 
Canaveral Na-
preserve and protect the outstanding natural, scenic, scientific, ecologic, F"^ ^
^ seashore, 
and historic values of certain lands, shoreline, and waters of the State 
Establishment. 
of Florida, and to provide for public outdoor recreation use and 
le use 459J. 
enjoyment of the same, there is hereby established the Canaveral 
National Seashore (hereinafter referred to as the "seashore"), as 
generally depicted on the map entitled "Boundary Map, Canaveral 
National Seashore", dated August 1974 and numbered NS-CAN-
40,000A. Such seashore shall comprise approximately sixty-seven 
thousand five hundred acres within the area more particularly 
26 USC 271, 
26 USC 250:l. 
tion 
2122 
PUBLIC LAW 93-626-JAN. 3, 1975 
[88 STAT. 
described by a line beginning at the intersection of State High-
way 3 and State Road 402, thence generally easterly following 
State 
Road 
402 to 
a point 
one-half 
mile 
offshore 
in 
the 
Atlantic Ocean, thence northwesterly along a line which is at 
each point one-half mile distant from the high water mark to 
Bethune Beach, thence inland in a generally westerly direction 
through Turner Flats and Shipyard Canal, thence northwesterly to 
the Intracoastal Waterway, thence southerly along the Intracoastal 
Waterway to the boundary of the Kennedy Space Center, thence south-
westerly to United States Highway 1, thence southerly along State 
Highway 3 to the point of beginning. The boundary map shall be on 
file and available for public inspection in the offices of the United 
States Fish and Wildlife Service and National Park Service, Depart-
viru)n"s'^^'^ubirca- ^^^^ ^f the lutcrior, Washington, District of Columbia. After advis-
tion in Federal 
lug the Commlttccs ou Interior and Insular Affairs of the United 
Register. 
States Cougrcss, in writing, at least sixty days prior to making any 
boundary revisions, the Secretary may from time to time make minor 
revisions in the boundaries of the seashore by publication of a revised 
map or other boundary description in the Federal Register: Provided, 
That the total acreage included within the boundaries shall not exceed 
that enumerated in this section. 
Land acquisi- 
gj^^_ g. Wlthlu the bouudarics of the seashore, the Secretary may 
1
6 use 459J-1. 
acquire lands, waters, and interests therein by donation, purchase with 
donated or appropriated funds, exchange, or transfer. Any property 
owned by the State of Florida or any political subdivision thereof 
may be acquired only by donation. It is the intent and purpose of this 
Act that the Secretary shall have sole authority to develop and 
improve those State owned lands donated now and in the future in 
accordance with the intent and purposes of this Act. Notwithstanding 
any other provision of law, any federally owned property within the 
boundaries of the seashore may, with the concurrence of the agency 
having custody thereof, be transferred without consideration to the 
administrative jurisdiction of the Secretary of the Interior and he may 
develop and administer such lands in a manner consistent with the 
purposes of this Act. In accepting lands transferred by the National 
Aeronautics and Space Administration pursuant to this Act, the 
Secretary shall enter into a written cooperative agreement with the 
Administrator to assure the use of such lands in a manner which is 
deemed consistent with the public safety and with the needs of the 
space and defense programs of the Nation: Provided, That no new 
construction or development shall be permitted within the seashore, 
except for the construction of such facilities as the Secretary deems 
necessary for the health and safety of the visiting public or for the 
Report to con- 
proDcr administration of the seashore: Provided further, That after 
the date oi the enactment of this Act the Secretary of the Interior, 
in cooperation with the Administrator of the National Aeronautics 
and Space Administration, shall submit to the Committees on Interior 
and Insular Affairs of the Congress and to the Committee on Science 
and Astronautics of the House of Representatives and to the Com-
mittee on Aeronautical and Space Sciences of the Senate a report of 
all land transfers made by the National Aeronautics and Space 
Administration to the Department of the Interior under this Act. 
gressional com 
mittees. 
88 STAT. ] 
PUBLIC LAW 93-626-JAN. 3, 1975 
2123 
SEC. 3. (a) Except for property deemed necessary by the Secretary 
^^ use 459J-2. 
for visitor facilities, or for access to or administration of the seashore, 
any owner or owners of improved pi'operty on the date of its acquisi-
tion by the Secretary may, as a condition of such acquisition, retain for 
themselves and their successors or assigns a riglit of use and occupancy 
of the improved property for noncommercial residential purposes for 
a definite term not to exceed twenty-five years, or in lieu thereof, for a 
term ending at the death of the owner, or the death of his spouse, 
whichever is the later. The owner shall elect the term to be reserved. 
Unless the property is wdiolly or partially donated to the United 
States, the Secretary shall pay to the owner the fair market value of 
the property on the date of such acquisition less the fair market value 
on such date of the right retained by the owner. 
(b) The Secretary may tenninate a right of use and occupancy 
retained pursuant to this section upon his determination that such use 
and occupancy is being exercised in a manner not consistent with the 
purposes of this Act, and upon tender to the holder of the right of an 
amount equal to the fair market value of that portion of the right 
which remains unexpired on the date of termination. 
(c) The term "improved property", as used in this section shall 
"improved prop-
mean a detached, noncommercial residential dwelling, the construe- ^'^ ^' 
tion of which was begun before January 1, 1971 (hereafter referred 
to as "dwelling"), together with so much of the land on which the 
dwelling is situated, the said land being in the same ownei'ship as the 
dwelling, as the Secretary shall designate to be reasonably necessary 
for the enjoyment of the dw^elling for the sole purpose of noncommer-
cial residential use, together with any structures, necessary to the 
dwelling which are situated on the land so designated. 
(d) Except as otherwise provided, the Secretary shall have the 
authority to use condemnation as a means of acquiring a clear and 
marketable title, free of any and all encumbrances. 
SEC. 4. The Secretary sljall permit hunting, fishing, and trapping 
Hunting, fishirig, 
on lands and waters under his jurisdiction within the boundaries of ^"le iJsc'459j-3. 
the seashore in accordance with the appropriate laws of the State of 
Florida and the United States to the extent applicable, except that 
he may designate zones where, and establish periods when, no hunt-
ing, fishing, or trapping shall be permitted for reasons of public 
safety, administration, fish and wildlife management, public use and 
enjoyment, protection of the resource, or competing public use. Except 
in emergencies, any regulations prescribing any such restrictions shall 
be put into effect only after consultation with the appropriate State 
agency responsible for hunting, fishing, and trapping activities. 
SEC. 5 (a) The seashore shall be administered, protected, and devel- 
Administration. 
oped m accordance with the provisions 01 the Act of August 25, 1916 
(39 Stat. 535; 16 U.S.C 1, 2-4), as amended and supplemented, except 
that any other statutory authority available to the Secretary for the 
conservation management of natural resources may be utilized to the 
extent he finds such authority will further the purposes of the Act. 
(b) Notwithstanding any other provisions of this Act, lands and 
waters in the Merritt Island National Wildlife Refuge as described 
in subsection (c) (2) of this section which are part of the seashore 
shall be administered for refuge purposes through the United States 
Fish and Wildlife Service pursuant to the National Wildlife Refuge 
16 u s e 459J-4. 
2124 
PUBLIC LAW 93-626-JAN. 3, 1975 
[88 STAT. 
System Administration Act, as amended (80 Stat. 926; 16 U.S.C. 
668dd-668ee), except that the Secretary may utilize such additional 
authority as may be available to him for the conservation and manage-
ment of wildlife and natural resources, the development of outdoor 
recreation opportunities, and interpretive education as he deems 
appropriate, consistent with the preservation of natural and wildlife 
values. 
(c) The Secretary shall cause to be issued a well defined division of 
management authority between the National Park Service and the 
United States Fish and Wildlife Service. It is the intent and purpose 
of this Act that such management authority, generally, shall be as 
follows: 
(1) The National Park Service shall administer those lands and 
waters described as follows: beginning at the intersection of State 
Highway 3 and State Road 402; thence easterly along State Road 402 
and continuing easterly in a straight line to a point one-half mile off-
shore in the Atlantic Ocean, following the southern boundary of the sea-
shore created in section 1; thence northwesterly along the boundary 
of the seashore created in section 1, which line is at each point one-
half mile distance from the high water mark, to Bethune Beach; 
thence inland in a generally westerly direction through Turner Flats 
and Shipyard Canal; thence northwesterly to the Intracoastal Water-
way; thence southerly along the Intracoastal Waterway to the 
boundary of the Kennedy Space Center; then southwesterly to United 
States Highway 1; thence southerly along State Highway 3 to the 
northern boundary of H. M. Gomez Grant; thence easterly along the 
northern boundary of H. M. Gomez Grant and continuing easterly 
in a straight line to a point of intersection with the line between the 
marsh and the dunes; thence southerly along the line between the 
marsh and the dunes to a point approximately one-half mile north of 
the southern boundary of the seashore created in section 1; thence 
westerly in a straight line to connect with ^nd to follow the Govern-
ment Railroad to its intersection with State Highway 3; thence 
southerly along State Highway 3 to the point of beginning. The 
portion of land bounded by the northern boundary of the H. M. Gomez 
Grant is hereby transferred to the Secretary of the Interior and may 
be used for the purpose of establishing such facilities as are needed for 
Ho^uand^visuor 
^^® admiulstratiou of the seashore, for the construction of the principal 
Center, designa- 
vlsitor ceuter which shall be designated as the "Spessard L. Holland 
'^°"- 
Visitor Center", and for a central access to the seashore: Provided^ 
however^ That the Secretary of the Interior, upon the request of the 
Administrator of the National Aeronautics and Space Administration, 
shall close this area or any part thereof to the public when necessary 
for space operations. In administering the shoreline and adjacent lands 
the Secretary shall retain such lands in their natural and primitive 
condition, shall prohibit vehicular traffic on the beach except for 
administrative purposes, and shall develop only those facilities which 
he deems essential for public health and safety. 
(2) The United States Fish and Wildlife Service shall administer 
the remaining lands described in section 1 of the Act. 
'^'"i^^e^r^.T^ 
^^^* ^' ^^) There is hereby established the Canaveral National Sea-
Advi^sory'^commis- shore Advisory Commission which shall consult and advise with the 
sion. 
Secretary on all matters of planning, development, and operation of 
Establishment. 
"
^ 
jr 
07 
ir 
5 
ir 
16 u s e 459J-S. 
88 STAT. ] 
PUBLIC LAW 93-626-JAN. 3, 1975 
2125 
the seasliore and shall provide such other advice and assistance as may 
be useful in carrying out the purposes of this Act, The Commission 
shall terminate ten years after the date the seashore is established pur-
suant to this Act, unless extended by the Congress. The Commission 
shall be composed of five members who shall serve for terms of two 
years. Members shall be appointed by the Secretary, one of whom he 
shall designate as Chairman, in the following manner: 
(1) one member from each county in which the seashore is 
located, to be selected from recommendations made by the county 
commission in each county; 
(2) two members representing the State of Florida who shall be 
selected from recommendations made by the Governor of Florida; 
and 
(3) one member representing the general public. 
(b) After the Secretary designates the member to be Chairman, the 
Commission may meet as often as necessary at the call of the Chairman 
or of the Secretary, or upon petition of a majority of the members of 
the Commission. Any vacancy in the Commission shall be filled in 
the same manner as the original appointment was made. 
(c) Members of the Commission shall serve without compensation, 
as such, but the Secretary may pay, upon vouchers signed by the 
Chairman, the expenses reasonably incurred by the Commission and its 
members in carrying out their responsibilities under this section. 
SEC. 7. Upon enactment of this Act, those lands to be used for the 
administrative and visitor facilities described in section 5(c) (1) shall 
be transferred by this Act to the Secretary of the Interior and those 
portions of the John F. Kennedy Space Center falling within the 
boundaries of the seashore as defined in section 1 of this Act shall 
become a part of the seashore, and within ninety days thereafter, the 
Administrator, National Aeronautics and Space Administration, shall 
grant to the Secretary for carrying out the intent and purpose of this 
Act such use of said portions as the Administrator determines is not 
inconsistent wdth public safety and the needs of the space and defense 
programs of the Nation. Notwithstanding any other provision of law, 
any lands within the seashore which the Administrator determines to 
be excess to the needs of such agency shall be transferred to the Sec-
retary of the Interior for administration in accordance with the pro-
visions of this Act: Provided., That any portions of the John F. 
Kennedy Space Center within the seashore not transferred to the 
Secretary shall remain under the control and jurisdiction of the 
Administrator. 
SEC. 8. Within three years from the date of enactment of this Act, 
the Secretary shall review the area within the seashore and shall report 
to the President, in accordance with section 3 (c) and (d) of the 
Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recom-
mendations as to the suitability or nonsuitability of any area within the 
seashore for preservation as wilderness, and any designation of any 
such ai'eas as a wilderness shall be accomplished in accordance with 
said subsections of the Wilderness Act. 
SEC. 9. (a) There are hereby authorized to be appropriated such 
sums as may be necessary to carry out the purposes of this Act, but 
not more than $7,941,000 for the acquisition of lands and interests in 
lands. In order to avoid excessive costs resulting from delays in the 
acquisition program, the Secretary shall make every reasonable effort 
to promptly acquire the privately owned lands within the seashore. 
Until all such lands are acquired, he shall report, in writing on June 30 
of each year to the Committees on Interior and Insular Affairs of the 
United States Congress, the following information: 
Termination. 
Membership. 
Transfer of 
lands. 
16 u s e 459J-6. 
Report to Pres-
ident. 
16 u s e 459.i-7. 
16 u s e 4S9j-8. 
Reports to con-
gressional com-
mittees. 
2126 
PUBLIC LAW 93-627-JAN. 3, 1975 
[88 STAT. 
(1) the amount of land acquired during the current fiscal 
year and the amount expended therefor; 
(2) the amount of land remaining to be acquired; and 
(3) the amount of land programed for acquisition in the 
ensuing fiscal year and the estimated cost thereof. 
Seashore devei- 
/j^\ YoT the dcvclopment of essential public facilities there are 
opment p l a n , 
i
-
i
i 
• 
^ 
n
^ 
-%IT-
transmittal to 
authorized to be appropriated not more than $500,000. Within three 
congressional 
years from the date of the enactment of this Act, the Secretary shall 
develop and transmit to the Committees on Interior and Insular Affairs 
of the United States Congress a final master plan for the full develop-
ment of the seashore consistent with the preservation objectives of 
this Act, indicating: 
(1) the facilities needed to accommodate the health, safety, 
and recreation needs of the visiting public; 
(2) the location and estimated cost of all facilities; and 
(3) the projected need for any additional facilities within the 
seashore. 
Approved January 3, 1975. 
Public Law 93-627 
J a n u a r y s , 1975 
A N A C T 
[H. R. 10701] 
To regulate commerce, promote efficiency in transportation, and protect the 
environment, by establishing procedures for the location, construction, and 
operation of deepwater ports off the coasts of the United States, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Deepwater Port United Sttttes of Amevica in Congress assembled^ That this Act may 
^'^33°usc^i5oi 
be cited as the "Deepwater Port Act of 1974". 
note. 
DECLARATION OF POLICY 
33 use 1501. 
g^c. 2. (a) It is declared to be the purposes of the Congress in this 
Act to— 
(1) authorize and regulate the location, ownership, construc-
tion, and operation of deepwater ports in waters beyond the terri-
torial limits of the United States; 
(2) provide for the protection of the marine and coastal 
environment to prevent or minimize any adverse impact which 
might occur as a consequence of the development of such ports; 
(3) protect the interests of the United States and those of 
adjacent coastal States in the location, construction, and opera-
tion of deepwater ports; and 
(4) protect the rights and responsibilities of States and com-
munities to regulate growth, determine land use, and otherwise 
protect the environment in accordance with law. 
(b) The Congress declares that nothing in this Act shall be con-
strued to affect the legal status of the high seas, the superjacent air-
space, or the seabed and subsoil, including the Continental Shelf.