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16 U.S.C. § 459b–6Administration of acquired property

submitted 65 years ago by Pub. L. 87-126 to r/title-16-CONSERVATION · 520 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary runs Cape Cod National Seashore under general National Park Service law. He can also use his other powers to protect natural resources. He may allow hunting, fishing, and shellfishing under his own rules, consulting Massachusetts officials first.

(a) Utilization of authority for conservation and management of natural resources: Except where this law says otherwise, the Secretary must run seashore property under the general law that created the National Park Service (the 1916 Act) and other laws that apply to the whole national park system. But the Secretary can also use any other legal power he has for conserving and managing natural resources, whenever he decides that will help meet the seashore's purposes. (b) Preservation of seashore; incompatible visitor conveniences restricted: (1) To keep the seashore permanently preserved as it is, the Secretary cannot allow any visitor development or plan that would hurt the area's unique plants, animals, land features, or historic sites and buildings he has named. However, the Secretary can build trails, observation points, and exhibits, and offer services, so the public can enjoy and understand Cape Cod's natural, historic, and scientific features. He can also develop parts of the seashore he thinks are well-suited for camping, swimming, boating, sailing, hunting, fishing, enjoying historic sites, and similar activities. (2) When developing the seashore, the Secretary must place public-use areas so they don't reduce the value or enjoyment of improved property for its owners or occupants. (c) Hunting and fishing regulations; navigation: The Secretary can allow hunting and fishing, including shellfishing, on land and water he controls in the seashore, under his own rules, during the open seasons set by local, state, and federal law. Before making these rules, he must consult with Massachusetts officials and local officials in charge of hunting and fishing. He can also make cooperative agreements with them about hunting and fishing. However, he must leave shellfish breeding and harvesting entirely up to the towns named in section 459b. He also cannot interfere with the normal, customary use of the seashore's waters for navigation.
the actual law source: uscode.house.gov ↗public domain
(a) Utilization of authority for conservation and management of natural resources

Except as otherwise provided in sections 459b to 459b–8 of this title, the property acquired by the Secretary under such sections shall be administered by the Secretary subject to the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535),1 as amended and supplemented, and in accordance with laws of general application relating to the national park system as defined by the Act of August 8, 1953 (67 Stat. 496); 1 except that authority otherwise 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 sections 459b to 459b–8 of this title.

(b) Preservation of seashore; incompatible visitor conveniences restricted; provisions for public enjoyment and understanding; developments for recreational activities; public use areas
(1)

In order that the seashore shall be permanently preserved in its present state, no development or plan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing or with the preservation of such historic sites and structures as the Secretary may designate: Provided, That the Secretary may provide for the public enjoyment and understanding of the unique natural, historic, and scientific features of Cape Cod within the seashore by establishing such trails, observation points, and exhibits and providing such services as he may deem desirable for such public enjoyment and understanding: Provided further, That the Secretary may develop for appropriate public uses such portions of the seashore as he deems especially adaptable for camping, swimming, boating, sailing, hunting, fishing, the appreciation of historic sites and structures and natural features of Cape Cod, and other activities of similar nature.

(2)

In developing the seashore the Secretary shall provide public use areas in such places and manner as he determines will not diminish for its owners or occupants the value or enjoyment of any improved property located within the seashore.

(c) Hunting and fishing regulations; navigation

The Secretary may permit hunting and fishing, including shellfishing, on lands and waters under his jurisdiction within the seashore in such areas and under such regulations as he may prescribe during open seasons prescribed by applicable local, State and Federal law. The Secretary shall consult with officials of the Commonwealth of Massachusetts and any political subdivision thereof who have jurisdiction of hunting and fishing, including shellfishing, prior to the issuance of any such regulations, and the Secretary is authorized to enter into cooperative arrangements with such officials regarding such hunting and fishing, including shellfishing, as he may deem desirable, except that the Secretary shall leave all aspects of the propagation and taking of shellfish to the towns referred to in section 459b of this title.

The Secretary shall not interfere with navigation of waters within the boundaries of the Cape Cod National Seashore by such means and in such areas as is now customary.

Source credit: (Pub. L. 87–126, § 7, Aug. 7, 1961, 75 Stat. 291.)

history & why it existsrecord from the source credit
  • 1961Enacted · Pub. L. 87-126 · 75 Stat. 291

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-126 on 1961-08-07.

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