16 U.S.C. § 459a–2 — Preservation of natural features; acquisition of additional property; reversion of property on failure of conditions

submitted 89 years ago by ch. 687 to r/title-16-CONSERVATION · 341 words · no verdicts yet

in plain englishAI-generated · not legal advice

Most of this seashore area must stay a wild, untouched place. Some spots good for swimming, boating, and fishing can be developed for visitors. If North Carolina does not deed all the land within 15 years, the project could be dropped. If that happens, donated land goes back to whoever gave it.

This section is a single provision, built around one main proviso plus follow-on sentences. General rule — wilderness preservation: Except for certain spots suited to recreation (like swimming, boating, sailing, and fishing), which may be developed as needed, the area must stay a permanently reserved primitive wilderness. No development for visitor convenience may happen if it would harm the area's unique plants, animals, or physical condition. Proviso — minimum acceptance and conditional abandonment: The Secretary of the Interior may, at his discretion, accept at least ten thousand acres within the area described in section 459 of this title (including the existing Cape Hatteras State Park) for administration by the National Park Service — and may accept more of that area too. But this depends on North Carolina agreeing to a condition: if not all the land described in section 459 is conveyed to the United States within 15 years of August 17, 1937, the Secretary may, at his discretion, abandon the seashore project. If that happens, the state must accept the reconveyance of whatever land it had given the United States for the seashore. Reversion of donated land: If donors other than the State of North Carolina gave land for this seashore, and the project is abandoned, that land reverts to the donors, their heirs, or whoever else the law says is entitled to it. Reversion procedure: If the project is abandoned, the Secretary of the Interior must sign whatever quitclaim deeds or other recordable documents are needed, stating that abandonment happened. Once that is done, title reverts automatically to whoever is entitled to it by law — no further deed or proof of reversion is needed.

the actual law source: uscode.house.gov ↗public domain

Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, which shall be developed for such uses as needed, the said area shall be permanently reserved as a primitive wilderness and no development of the project or plan for the convenience of visitors shall be undertaken which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing in this area: Provided, That the Secretary of the Interior may, in his discretion, accept for administration, protection, and development by the National Park Service a minimum of ten thousand acres within the area described in section 459 of this title, including the existing Cape Hatteras State Park, and, in addition, any other portions of the area described in section 459 of this title if the State of North Carolina shall agree that if all the lands described in section 459 of this title shall not have been conveyed to the United States within fifteen years from August 17, 1937, the establishment of the aforesaid national seashore recreational area may, in the discretion of the said Secretary, be abandoned, and that, in the event of such abandonment, the said State will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore recreational area. The lands donated to the United States for the purposes of sections 459 to 459a–3 of this title by parties other than said State shall revert in the event of the aforesaid abandonment to the donors, or their heirs, or other persons entitled thereto by law.

In the event of said abandonment, the Secretary of the Interior shall execute any suitable quitclaim deeds, or other writings entitled to record in the proper counties of North Carolina stating the fact of abandonment, whereupon title shall revert to those entitled thereto by law and no further conveyance or proof of reversion of title shall be required.

Source credit: (Aug. 17, 1937, ch. 687, § 4, 50 Stat. 670; June 29, 1940, ch. 459, § 1, 54 Stat. 702; Mar. 6, 1946, ch. 50, 60 Stat. 32.)

history & why it existsrecord from the source credit

1937Enacted · Act of Aug. 17, 1937, ch. 687 · 50 Stat. 670
1940Amended · Act of June 29, 1940, ch. 459 · 54 Stat. 702
1946Amended · Act of Mar. 6, 1946, ch. 50 · 60 Stat. 32

A history note hasn’t been published yet. The record shows enactment by ch. 687 on 1937-08-17.

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