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16 U.S.C. § 460cc–2Administration

submitted 54 years ago by Pub. L. 92-592 to r/title-16-CONSERVATION · 1,250 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section covers how the Secretary of the Interior runs Gateway National Recreation Area, including hunting and fishing rules, historic preservation, cooperative agreements with New York and New Jersey, and use of the Fountain Avenue Landfill's methane gas. It also names the main visitor center after Representative William Fitts Ryan and lets the Secretary grant easements for flood control projects.

(a) Provisions applicable; conservation and management of wildlife and natural resources; Jamaica Bay Unit The Secretary must run the recreation area following the Act of August 25, 1916 (the law creating the National Park Service), as later changed and added to. The Secretary may use any legal authority available for managing wildlife and natural resources that helps carry out this subchapter's purposes. But in the Jamaica Bay Unit, the Secretary's main goal must be conserving the islands' and waters' natural resources, fish, and wildlife — and no development or use that conflicts with that goal is allowed. (b) William Fitts Ryan Visitor Center; designation (1) The Secretary must name the main visitor center the "William Fitts Ryan Visitor Center," honoring Representative Ryan's role in creating the recreation area. The Secretary must provide signs, markers, maps, interpretive materials, literature, and programs to tell the public about Ryan's contributions. By December 31, 1980, the Secretary had to take further steps to recognize and commemorate him. (2) The part of the Staten Island Unit known as Miller Field is renamed "World War Veterans Park at Miller Field." Any reference to "Miller Field" in any U.S. law, regulation, map, document, or record now means "World War Veterans Park at Miller Field." (c) Federal-State cooperative agreements for police and fire protection The Secretary may make cooperative agreements with New York and New Jersey, or their political subdivisions, for rescue, firefighting, and law enforcement help from nearby agencies. The recreation area pays back the cost of these services. (d) Water resource developments The Secretary of the Army can build water resource projects — like shore erosion control, beach protection, and navigation improvements, including deepening the shipping channel from the Atlantic Ocean into New York Harbor — on land or water in the recreation area. This must follow plans that both the Secretary of the Interior and the Secretary of the Army agree on, and that fit both this subchapter's purpose and existing water and land development laws. (e) Airway facilities The Secretary of Transportation can maintain, operate, and install airway facilities in the recreation area. This must follow plans that both the Secretary of the Interior and the Secretary of Transportation agree on, and that fit both this subchapter's purpose and existing airway facility laws. But nothing here allows expanding airport runways into Jamaica Bay or expanding air facilities at Floyd Bennett Field. (f) Hunting, fishing, and trapping The Secretary must allow hunting, fishing, shellfishing, trapping, and specimen collecting on the land and water under Park Service jurisdiction in Gateway, following applicable U.S. law and the laws of New York, New Jersey, and their political subdivisions. But the Secretary may set zones and time periods where these activities are not allowed, for public safety, administration, fish or wildlife management, or public enjoyment. (g) Sandy Hook and Staten Island Units; historic sites In the Sandy Hook and Staten Island Units, the Secretary must list and evaluate every site or structure with historical, cultural, or architectural significance, and set up appropriate programs to preserve, restore, interpret, and use them. (h) Donations for services and facilities Despite any other law, the Secretary may accept donated funds from individuals, foundations, or corporations, to pay for services and facilities the Secretary considers consistent with this subchapter's purposes. (i) Fountain Avenue Landfill methane rights Despite subsection (a), the United States gives New York City all rights to the methane gas and other byproducts made by solid waste decomposing at the Fountain Avenue Landfill site, in the Jamaica Bay Unit. In exchange, the city must pay the United States 50 percent of any revenue it earns from developing those rights. The Secretary must give the city (or its lessee or assignee) whatever rights-of-way and Interior Department permits are needed to extract and transport the gas. Those rights-of-way and permits must require the site to be reasonably restored afterward — including removing any processing or storage equipment used — must let the Secretary access the site for safety and other recreation-area purposes, and may include other conditions the Secretary considers necessary. All payments the United States receives go to the National Park Service's budget for developing and improving Gateway National Recreation Area. (j) Authority to grant easements and rights-of-way The statute contains two separate provisions both labeled "(j)": - One provision lets the Secretary grant a state or local government an easement or right-of-way over federal land within Gateway National Recreation Area, for building, running, and maintaining flood-control and shoreline-erosion projects. The Secretary may grant this at no charge for the value of the right itself, but may charge to recover the government's costs of processing the application and managing the right. Any money collected goes to the relevant government account. - The other provision does the same thing for Golden Gate National Recreation Area: the Secretary may grant a state or local government an easement or right-of-way permit over federal land there, for running and maintaining flood-control and shoreline-erosion projects and related structures that keep public access open. Again, it is free except for reimbursing the government's processing and management costs, credited to the relevant account.
the actual law source: uscode.house.gov ↗public domain
(a) Provisions applicable; utilization of authorities for conservation and management of wildlife and natural resources; Jamaica Bay Unit

The Secretary shall administer the recreation area 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. In the administration of the recreation area the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this subchapter: Provided, That the Secretary shall administer and protect the islands and waters within the Jamaica Bay Unit with the primary aim of conserving the natural resources, fish, and wildlife located therein and shall permit no development or use of this area which is incompatible with this purpose.

(b) William Fitts Ryan Visitor Center; designation
(1)

The Secretary shall designate the principal visitor center within the recreation area as the “William Fitts Ryan Visitor Center” in commemoration of the leadership and contributions which Representative William Fitts Ryan made with respect to the creation and establishment of this public recreation area. To inform the public of the contributions of Representative Ryan to the creation of the recreation area, the Secretary shall provide such signs, markers, maps, interpretive materials, literature, and programs as he deems appropriate. Not later than December 31, 1980, the Secretary shall take such additional actions as he deems appropriate to recognize and commemorate the contributions of Representative Ryan to the recreation area.

(2)

The portion of the Staten Island Unit of the recreation area known as Miller Field is hereby designated as “World War Veterans Park at Miller Field”. Any reference to such Miller Field in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to “World War Veterans Park at Miller Field”.

(c) Federal-State cooperative agreements for police and fire protection

The Secretary is authorized to enter into cooperative agreements with the States of New York and New Jersey, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.

(d) Water resource developments

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 (including the deepening of the shipping channel from the Atlantic Ocean to the New York harbor) on land and/or waters within the recreation area 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 subchapter and the purpose of existing statutes dealing with water and related land resource development.

(e) Airway facilities; maintenance, operation, and installation; Jamaica Bay and Floyd Bennett Field restrictions

The authority of the Secretary of Transportation to maintain and operate existing airway facilities and to install necessary new facilities within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of Transportation and which are consistent with both the purpose of this subchapter and the purpose of existing statutes dealing with the establishment, maintenance, and operation of airway facilities: Provided, That nothing in this section shall authorize the expansion of airport runways into Jamaica Bay or air facilities at Floyd Bennett Field.

(f) Hunting, fishing, and trapping

The Secretary shall permit hunting, fishing, shellfishing, trapping, and the taking of specimens on the lands and waters under his jurisdiction within the Gateway National Recreation Area in accordance with the applicable laws of the United States and the laws of the States of New York and New Jersey and political subdivisions thereof, except that the Secretary may designate zones where and establish periods when these activities may not be permitted, for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment.

(g) Sandy Hook and Staten Island Units; programs for preservation, restoration, interpretation, and utilization of sites and structures

In the Sandy Hook and Staten Island Units, the Secretary shall inventory and evaluate all sites and structures having present and potential historical, cultural, or architectural significance and shall provide for appropriate programs for the preservation, restoration, interpretation, and utilization of them.

(h) Donations for services and facilities; acceptance

Notwithstanding any other provision of law, the Secretary is authorized to accept donations of funds from individuals, foundations, or corporations for the purpose of providing services and facilities which he deems consistent with the purposes of this subchapter.

(i) Rights to solid waste byproducts of Fountain Avenue Landfill; conveyance from United States to city of New York; rights-of-way and permits; conditions; payments to United States for development and improvement of Gateway National Recreation Area

Notwithstanding the provisions of subsection (a) of this section, the United States hereby conveys to the city of New York all rights to the methane gas and associated byproducts resulting from solid waste decomposition on the area within the Jamaica Bay Unit known as the Fountain Avenue Landfill site, subject to payments to the United States of 50 per centum of the revenue received by the city of New York, if any, from the development of such rights. The Secretary shall grant to the City, its lessee or assignee, all rights-of-way and other permits necessary from the Department of the Interior to extract and transport the gas from the site: Provided, That the rights-of-way and other permits shall provide for reasonable restoration of the site, including removal of any processing or storage facilities used in the disposal, development, or extraction of the gas, access by the Secretary to the site for safety and other recreation area purposes, and such other reasonable conditions as the Secretary deems necessary to further purposes of the recreation area. All such payments to the United States shall be credited to the appropriations of the National Park Service for the development and improvement of Gateway National Recreation Area.

(j)2 Authority to grant easements and rights-of-way
(1) In general

The Secretary of the Interior may grant, to any State or local government, an easement or right-of-way over Federal lands within Gateway National Recreation Area for construction, operation, and maintenance of projects for control and prevention of flooding and shoreline erosion.

(2) Charges and reimbursement of costs

The Secretary may grant such an easement or right-of-way without charge for the value of the right so conveyed, except for reimbursement of costs incurred by the United States for processing the application therefore and managing such right. Amounts received as such reimbursement shall be credited to the relevant appropriation account.

(j)2 Authority to grant easements and rights-of-way permit
(1) In general

The Secretary of the Interior may grant, to any State or local government, an easement or right-of-way permit over Federal lands within Golden Gate National Recreation Area for operation and maintenance of projects for control and prevention of flooding and shoreline erosion and associated structures for continued public access.

(2) Charges and reimbursements of costs

The Secretary may grant such an easement or right-of-way permit without charge for the value of the use so conveyed, except for reimbursement of costs incurred by the United States for processing the application therefore and managing such use. Amounts received as such reimbursement shall be credited to the relevant appropriation account.

Source credit: (Pub. L. 92–592, § 3, Oct. 27, 1972, 86 Stat. 1309; Pub. L. 96–344, § 11(1), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97–232, § 1, Aug. 9, 1982, 96 Stat. 259; Pub. L. 106–132, § 1, Dec. 7, 1999, 113 Stat. 1681; Pub. L. 116–9, title II, § 2405, Mar. 12, 2019, 133 Stat. 748; Pub. L. 117–328, div. G, title IV, § 444, Dec. 29, 2022, 136 Stat. 4833.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-592 · 86 Stat. 1309
  • 1980Amended · Pub. L. 96-344 · 94 Stat. 1136
  • 1982Amended · Pub. L. 97-232 · 96 Stat. 259
  • 1999Amended · Pub. L. 106-132 · 113 Stat. 1681
  • 2019Amended · Pub. L. 116-9 · 133 Stat. 748
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 4833

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-592 on 1972-10-27.

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