16 U.S.C. § 459i–5 — Administration, protection, and development

submitted 54 years ago by Pub. L. 92-536 to r/title-16-CONSERVATION · 260 words · no verdicts yet

in plain englishAI-generated · not legal advice

Cumberland Island National Seashore is run under the general 1916 National Park Service law and any other useful conservation law. Most of it must stay in its natural, primitive state — no roads or causeways to the mainland — except that certain areas can be developed for recreation, and the Secretary can allow up to three concession contracts for visitor tours.

(a) The Secretary must run the Seashore under the general 1916 law that created the National Park Service, though the Secretary can also use any other conservation-related legal power that furthers the purposes of this group of sections. (b) Except for the areas especially suited to recreation — like swimming, boating, fishing, hiking, and horseback riding, which can be developed as needed — the Seashore must stay permanently in its natural, primitive state. Other than what subsection (c) allows, the Secretary cannot approve any visitor-convenience project that would harm the island's unique plants, animals, or landscape, and no road or causeway may ever connect Cumberland Island to the mainland. (c) Despite subsection (b), the Secretary may sign up to 3 concession contracts, as the Secretary decides is appropriate, to offer visitor tours of the Seashore — as long as the tours fit (1) this group of sections, (2) the Wilderness Act, and (3) Public Law 97–250.

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

(a) Applicability of provisions; utilization of statutory authorities

The seashore shall be administered, protected, and developed in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),1 as amended and supplemented, except that any other statutory authority 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 459i to 459i–9 of this title.

(b) Preservation in primitive state; recreational activities exception

Except for certain portions of the seashore deemed to be especially 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, except as provided in subsection (c), 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, nor shall any road or causeway connecting Cumberland Island to the mainland be constructed.

Notwithstanding subsection (b), the Secretary may enter into not more than 3 concession contracts, as the Secretary determines appropriate, for the provision of tours for visitors to the seashore that are consistent with—

(1)

sections 459i to 459i–9 of this title;

(2)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(3)

Public Law 97–250 (96 Stat. 709).

Source credit: (Pub. L. 92–536, § 6, Oct. 23, 1972, 86 Stat. 1068; Pub. L. 108–447, div. E, title I, § 145(b), Dec. 8, 2004, 118 Stat. 3073; Pub. L. 114–289, title VI, § 601(c), Dec. 16, 2016, 130 Stat. 1491.)

history & why it existsrecord from the source credit

1972Enacted · Pub. L. 92-536 · 86 Stat. 1068
2004Amended · Pub. L. 108-447 · 118 Stat. 3073
2016Amended · Pub. L. 114-289 · 130 Stat. 1491

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-536 on 1972-10-23.

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