An Act to establish the Cumberland Island National Seashore in the State of Georgia, and for other purposes
PL 92-536 (S.2411), enacted 10/23/1972

1066 
PUBLIC LAW 92-536-OCT. 23, 1972 
[86 STAT. 
October 23, 1972 
[S. 2411] 
Public Law 92-536 
^ ^ 
— 
AN ACT 
To establish the Cumberland Island National Seashore in the State of Georgia, 
and for other purposes. 
Cumberland 
Island National 
Seashore, Ga. 
Establishment. 
Boundary re-
visions, notifica-
tion of congres-
sional committees 
publication in 
Federal Register. 
Land acquisi-
tion. 
Cumberland 
Island Parkway, 
right-of-way. 
Administration. 
Regulations. 
Private right of 
use and occu-
pancy. 
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 certain 
significant shoreline lands and waters of the United States, and to 
preserve related scenic, scientific, and historical values, there is ^tab-
lished in the State of Georgia the Cumberland Island National'Sea-
shore (hereinafter referred to as the "seashore") consisting of the 
area generally depicted on the drawing entitled "Boundary Map, Cum-
berland Island National Seashore", numbered CUIS-40,000B, and 
dated June 1971, which shall be on file and available for public inspec-
tion in the offices of the National Park Service, Department of the 
Interior. The Secretary, of the Interior (hereinafter referred to as the 
"Secretary") may after notifying the Committees on Interior and 
Insular Affairs of the United States House of Representatives and 
United States Senate in writing, make minor adjustments in the 
boundary of the seashore from time to time by publication of a revised 
drawing or other boundary description in the Federal Register, but 
the total acreage within the boundaries shall not exceed forty thousand 
five hundred acres. 
SEC. 2. Within the boundaries of the seashore, the Secretary may 
acquire lands, waters, and interests therein by purchase, donation, 
transfer from any Federal agency, or exchange. The Secretary may 
also acquire not to exceed one hundred acres of lands or interests 
in lands on the mainland to provide access to the administrative and 
visitor facilities for the seashore. Any lands or interests therein owned 
by the State of Georgia, or any political subdivision thereof may be 
acquired only by donation. Notwithstanding any other provision of 
law, any Federal property located within the boundaries of the sea-
shore may, with the concurrence of the agency having custody thereof, 
be transferred without transfer of funds to the administrative juris-
diction of the Secretary for the purposes of the seashore. 
SEC. 3. For the purpose of providing access from Interstate 95 to 
the mainland administrative and visitor facilities of the seashore, 
the Secretary may designate as the Cumberland Island Parkway a 
right-of-way, together with adjacent or related sites for public non-
commercial recreational use and for interpretation of scenic and his-
toric values, of not more than one thousand acres of lands, waters, 
and interests therein. The Secretary is authorized to acquire only by 
donation those lands and interests therein, and other property com-
prising such right-of-way and adjacent or related sites as he may 
designate pursuant to this Act for the development, hereby authorized, 
of a road of parkway standards, including necessary bridges, spurs, 
connecting roads, access roads, and other facilities, and for the devel-
opment and interpretation of recreation areas and, historic sites in 
connection therewith. Lands acquired for the parkway shall be admin-
istered as a part of the seashore, subject to all laws and regulations 
applicable thereto, and subject to such special regulations as the Sec-
retary may promulgate for the parkway. 
SEC. 4. (a) With the exception of any property deemed necessary by 
the Secretary for visitor facilities or administration of the seashore, 
any owner or owners of improved property 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 right of use and occu-
86 STAT. ] 
PUBLIC LAW 92-536-OCT. 23, 1972 
10(S7 
pancy of the property for noncommercial residential purposes, for 
twenty-five years, or, in lieu thereof, for a term ending at the death 
of the owner or his spouse, whichever is later. The owner shall elect the 
term to be reserved. 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: 
Provided, however^ That, in addition, for so long as a right of use and 
occupancy remains in effect by the donors of land of one hundred acres 
or more, the Secretary shall not, with respect to such lands, develop 
any public use facilities except for trails, road access, and utilities: 
Provided further^ That when acquiring lands, waters, and interests 
therein from the National Park Foundation, its successors and assigns, 
-i ^ 
the Secretary shall acquire such lands, waters, and interests subject to 
the written terms and conditions contained in those transactions, 
including but not limited to options, entered into by the National Park 
Foundation prior to January 1, 1973, and that such previous written 
rights and interests shall prevail over provisions of this paragraph. 
(b) A right of use and occupancy retained or enjoyed pursuant to 
commercial use, 
this section may be terminated with respect to the entire property by P"""^'^'*^""-
the Secretary upon his determination that the property or any portion 
thereof has ceased to be used for noncommercial residential purposes 
and upon tender to the holder of a right an amount equal to the fair 
market value, as of the date of tender, 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 mean 
"improved 
a detached, noncommercial residential dwelling, the construction of P''°p®''*y' 
which was begun before February 1, 1970 (hereinafter referred to as 
"dwelling"), together with so much of the land on which the dwelling 
is situated, the said land being in the same ownership as the dwelling, 
sj. u ,a 
as the Secretary shall designate to be reasonably necessary for the 
enjoyment of the dwelling for the sole purpose of noncommercial resi-
dential use, together with any structures accessory to the dwelling 
which are situated on the land so designated. 
(d) (1) In order to provide an opportunity for the establishment . Little cumber-
£ 
\ 
^ 
J 
• 
1 
1. 
•
. 
.• 
i 
1 • 
land Island, ac-
01 a natural and scenic preserve by voluntary private action of certain quisition restric-
owners of lands within the seashore, and notwithstanding anything ^^ons. 
to the contrary herein contained, no lands or interests in lands shall 
be acquired on Little Cumberland Island without the consent of the 
owner, for a period of one year from the date of enactment of this 
Act, except as specifically otherwise provided herein. 
(2) In the event that the owners of land on Little Cumberland 
Island enter into an irrevocable trust or some other irrevocable agree-
ment for the preservation of the resources of Little Cumberland Island 
which, in the judgment of the Secretary, assures the protection of the 
resources in a manner consistent with the purposes for which the sea-
shore is established, the authority of the Secretary to acquire such lands 
shall be suspended for such time as the trust is in effect and the lands 
are used and occupied in accordance therewith. 
(3) If, at any time during the one-year period following the date 
of enactment of this Act, the Secretary determines that any lands on 
Little Cumberland Island are threatened with development, or other 
uses, inconsistent with the establishment or continuation of the trust 
herein referred to, then the Secretary may acquire such lands, or 
interests therein, by any of the methods provided for in section 2 of 
this Act. 
1068 
PUBLIC L
A
W 92-536-OCT. 23, 1972 
[86 STAT. 
Hunting and 
fishing. 
Administration. 
Preservation in 
primitive state. 
State jurisdic-
tion. 
Water resource 
developments. 
Report to 
President. 
Appropriation. 
SEC. 5. The Secretary shall permit hunting, fishing, and trapping 
on lands and waters under his jurisdiction within the boundaries of 
the seashore in accordance with the appropriate laws of Georgia and 
the United States to the extent applicable, except that he may designate 
zones where, and establish periods when, no hunting, fishing, or 
trapping shall be permitted for reasons of public safety, administra-
tion, fish and wildlife management, or public use and enjoyment. 
Except in emergencies, any regulations prescribing any such restric-
tions shall be put into effect only after consultation with the appro-
priate State agency responsible for hunting, fishing, and trapping 
activities. 
SEC. 6. (a) The seashore shall be administered, protected, and devel-
oped in accordance with the provisions of the Act of August 25,1916 
(39 Stat. 535; 16 U.S.C. 1, 2 ^ ) , as amended and supplemented, except 
that any other statutory authoritv available to the Secretary for the 
conservation and management of natural resources may be utilized 
to the extent he finds such authority will further the purposes of 
the Act. 
(b) Except for certain portions of the seashore deemed to be espe-
cially adaptable for recreational uses, particularly swimming, boating, 
fishing, hiking, horseback riding, and other recreational activities of 
similar nature, which shall be developed for such uses as needed, the 
seashore shall be permanently preserved in its primitive state, and 
no development of the project or plan for the convenience of visitors 
shall be undertaken which would be incompatible with the preserva-
tion of the unique flora and fauna or the physiographic conditions 
not prevailing, nor shall any road or causeway connecting Cumberland 
Island to the mainland be constructed. 
SEC. 7. Nothing in this Act shall deprive the State of Georgia or 
any political subdivision thereof of its civil or criminal jurisdiction 
over persons found, acts performed, and offenses committed within 
the boundaries of the seashore, or of its right to tax persons, corpora-
tions, franchises, or other non-Federal property on lands included 
therein. 
SEC. 8. The authority of the Secretary of the Army to undertake or 
contribute to water resource developments, including shore erosion 
control, beach protection and navigation improvements on land 
and/or waters within the Cumberland Island National Seashore shall 
be exercised in accordance with plans which are mutually acceptable 
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. 
SEC. 9. Within three years from the date of enactment of this Act, the 
Secretary of the Interior shall report to the President, in accordance 
with subsections 3(c) and 3(d) of the Wilderness Act (78 Stat. 890; 
16 LT.S.C. 1132 (c) and (d)), his recommendations as to the suitability 
or nonsuitability of any area within the national seashore for preser-
vation as wilderness, and any designation of any such area as a 
wilderness shall be accomplished in accordance with said subsections 
of the Wilderness Act. 
SEO. 10. There are authorized to be appropriated not to exceed 
$10,500,000 for the acquisition of lands and interests in lands and not 
to exceed $27,840,000 for development of the seafihore. 
Approved October 23, 1972. 
-* *- ^ ••