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16 U.S.C. § 459j–1 — Acquisition of property; donation and development of State lands; transfer from Federal agency to administrative jurisdiction of Secretary; written cooperative agreement with National Aeronautics and Space Administration; construction and development; report to Congressional committees

submitted 51 years ago by Pub. L. 93-626 to r/title-16-CONSERVATION · 355 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may acquire land for Canaveral National Seashore by donation, purchase, exchange, or transfer; Florida's own land can only come by donation. Federal land, including land from NASA, can be transferred to the Secretary, but new construction is generally banned except for health, safety, or administrative needs. The Secretary must report land transfers to Congress.

Within the Seashore's boundaries, the Secretary may acquire land, water, and related rights by donation, purchase, exchange, or transfer. Land owned by the State of Florida or its local governments can only be acquired by donation. The Secretary alone has the authority to develop and improve any state land that has been or will be donated, consistent with the purposes of this group of sections.

Despite any other law, any federally owned property inside the Seashore can be transferred to the Secretary for free, with the current agency's agreement, and the Secretary can develop and manage it consistent with the Seashore's purposes. When accepting land from NASA, the Secretary must sign a written cooperative agreement with NASA's Administrator to make sure the land is used safely and consistently with the nation's space and defense programs. No new construction is allowed in the Seashore, except facilities the Secretary decides are necessary for visitor health and safety or for running the Seashore. After January 3, 1975, the Secretary, working with NASA's Administrator, must report to four Congressional committees on all the land NASA has transferred to the Department of the Interior under this group of sections.

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

Within the boundaries of the seashore, the Secretary may 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 sections 459j to 459j–8 of this title 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 sections 459j to 459j–8 of this title. 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 sections 459j to 459j–8 of this title. In accepting lands transferred by the National Aeronautics and Space Administration pursuant to sections 459j to 459j–8 of this title 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 proper administration of the seashore: Provided further, That after January 3, 1975, the Secretary of the Interior, in cooperation with the Administrator of the National Aeronautics and Space Administration, shall submit to the Committees on Natural Resources and on Science, Space, and Technology of the House of Representatives and to the Committees on Energy and Natural Resources and on Commerce, Science, and Transportation of the Senate a report of all land transfers made by the National Aeronautics and Space Administration to the Department of the Interior under sections 459j to 459j–8 of this title.

Source credit: (Pub. L. 93–626, § 2, Jan. 3, 1975, 88 Stat. 2122; Pub. L. 103–437, § 6(o), Nov. 2, 1994, 108 Stat. 4586.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 93-626 · 88 Stat. 2122
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4586

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-626 on 1975-01-03.

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