---
kind: "range"
citation: "16 U.S.C. §§ 459e–459e–9"
title: "16"
from: "459e"
to: "459e–9"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/16/459e..459e-9"
---

# §459e. Fire Island National Seashore

- (a) **Purposes; authorization for establishment—** For the purpose of conserving and preserving for the use of future generations certain relatively unspoiled and undeveloped beaches, dunes, and other natural features within Suffolk County, New York, which possess high values to the Nation as examples of unspoiled [areas](/usc/16/539m–1.md?p=1-A) of great natural beauty in close proximity to large concentrations of urban population, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to establish an [area](/usc/16/539m–1.md?p=1-A) to be known as the “Fire Island National Seashore”.
- (b) **Boundaries—** The boundaries of the national seashore shall extend from the easterly boundary of the main [unit](/usc/16/430f–7.md?p=4) of Robert Moses [State](/usc/16/6456.md?p=2) [Park](/usc/16/410r–5.md?p=c-3) eastward to Moriches Inlet and shall include not only Fire Island proper, but also such islands and marshlands in the Great South Bay, Bellport Bay, and Moriches Bay adjacent to Fire Island as Sexton Island, West Island, Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and Reeves Island and such other small and adjacent islands, marshlands, and wetlands as would lend themselves to contiguity and reasonable administration within the national seashore and, in [addition](/usc/16/410r–5.md?p=c-2), the waters surrounding said [area](/usc/16/539m–1.md?p=1-A) to distances of one thousand feet in the Atlantic Ocean and up to four thousand feet in Great South Bay and Moriches Bay and, in [addition](/usc/16/410r–5.md?p=c-2), mainland terminal and headquarters sites, not to exceed a total of twelve acres, on the Patchogue River within Suffolk County, New York, all as delineated on a [map](/usc/16/430f–7.md?p=1) identified as “Fire Island National Seashore”, numbered OGP–0004, dated May 1978. The [Secretary](/usc/16/410r–5.md?p=c-1) shall publish said [map](/usc/16/430f–7.md?p=1) in the Federal Register, and it may also be examined in the offices of the Department of the Interior.

# §459e–1. Acquisition of property

- (a) **Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary; liability of United States under contracts contingent on appropriations—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1), and it is the intent of Congress that he shall [acquire](/usc/16/620e.md?p=1) as appropriated [funds](/usc/16/1421h.md?p=2) become available for the purpose or as such [acquisition](/usc/16/620e.md?p=1) can be accomplished by donation or with donated [funds](/usc/16/1421h.md?p=2) or by transfer, exchange, or otherwise, the lands, waters, and other property, and improvements thereon and any interest therein, within the boundaries of the seashore as established under [section 459e of this title](/usc/16/459e.md). Any property or interest therein owned by the [State](/usc/16/6456.md?p=2) of New York, by Suffolk County, or by any other political [subdivision](/usc/16/539m–1.md?p=15) of said [State](/usc/16/6456.md?p=2) may be acquired only with the concurrence of such [owner](/usc/16/429b–3.md?p=4). Notwithstanding any other provision of law, any Federal property located within such [area](/usc/16/539m–1.md?p=1-A) may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in carrying out the provisions of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title. In exercising his authority to [acquire](/usc/16/620e.md?p=1) property in accordance with the provisions of this subsection, the [Secretary](/usc/16/410r–5.md?p=c-1) may enter into contracts requiring the expenditure, when appropriated, of [funds](/usc/16/1421h.md?p=2) authorized by [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of [funds](/usc/16/1421h.md?p=2) sufficient to fulfill the obligations thereby incurred.
- (b) **Establishment; notice in Federal Register—** When the [Secretary](/usc/16/410r–5.md?p=c-1) determines that lands and waters or interests therein have been acquired by the United States in sufficient quantity to provide an administrative [unit](/usc/16/430f–7.md?p=4), he shall declare the establishment of the Fire Island National Seashore by publication of notice in the Federal Register.
- (c) **Fair market value—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay not more than the [fair market value](/usc/16/459b–1.md?p=e), as determined by him, for any land or interest therein acquired by purchase.
- (d) **Exchange of property; cash equalization payments—** When acquiring land by exchange the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any nonfederally owned land located within the boundaries of the national seashore and convey to the grantor any federally owned land under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1). The lands so exchanged shall be approximately equal in [fair market value](/usc/16/459b–1.md?p=e), but the [Secretary](/usc/16/410r–5.md?p=c-1) may accept cash from or pay cash to the grantor in order to equalize the values of the lands exchanged.
- (e) **Limitation of condemnation power during existence of zoning ordinance; Davis Park-Smith Point County Park area exception; beneficial owner’s election of alternatives as condition for acquisition—** With one exception the [Secretary](/usc/16/410r–5.md?p=c-1) shall not [acquire](/usc/16/620e.md?p=1) any privately owned [improved property](/usc/16/251h.md?p=2) or interests therein within the boundaries of the seashore or any property or interests therein within the communities delineated on the boundary [map](/usc/16/430f–7.md?p=1) mentioned in [section 459e of this title](/usc/16/459e.md), except beach or waters and adjoining land within such communities which the [Secretary](/usc/16/410r–5.md?p=c-1) determines are needed for public access to the beach, without the consent of the [owners](/usc/16/429b–3.md?p=4) so long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is satisfactory to the [Secretary](/usc/16/410r–5.md?p=c-1). The sole exception to this limitation on the power of the [Secretary](/usc/16/410r–5.md?p=c-1) to condemn [improved property](/usc/16/251h.md?p=2) where appropriate zoning ordinances exist shall be in the approximately eight-mile [area](/usc/16/539m–1.md?p=1-A) from the easterly boundary of the Brookhaven town [park](/usc/16/410r–5.md?p=c-3) at Davis [Park](/usc/16/410r–5.md?p=c-3), in the town of Brookhaven, to the westerly boundary of the Smith Point County [Park](/usc/16/410r–5.md?p=c-3). In this [area](/usc/16/539m–1.md?p=1-A) only, when the [Secretary](/usc/16/410r–5.md?p=c-1) deems it advisable for carrying out the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title or to improve the contiguity of the [park](/usc/16/410r–5.md?p=c-3) land and ease its administration, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) any land or improvements therein by condemnation. In every case in which the [Secretary](/usc/16/410r–5.md?p=c-1) exercises this right of condemnation of [improved property](/usc/16/251h.md?p=2) the beneficial [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) (not being a corporation) of any [improved property](/usc/16/251h.md?p=2) so condemned, provided he, she, or they held the same or a greater estate in the property on July 1, 1963, may elect as a condition of such [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) any one of the following three alternatives:
  - (1) that the [Secretary](/usc/16/410r–5.md?p=c-1) shall take the said property in fee simple absolute and pay the [fair market value](/usc/16/459b–1.md?p=e) thereof as of the date of such taking;
  - (2) that the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) shall retain a life estate in said property, measured on the life of the sole [owner](/usc/16/429b–3.md?p=4) or on the life of any one [person](/usc/16/450rr–1.md?p=b) among multiple [owners](/usc/16/429b–3.md?p=4) (notice of the [person](/usc/16/450rr–1.md?p=b) so designated to be filed in writing with the [Secretary](/usc/16/410r–5.md?p=c-1) within six months after the taking) or on the life of the survivor in title of any estate held on July 1, 1963, as a tenancy by the entirety. The price in such case shall be diminished by the actuarial [fair market value](/usc/16/459b–1.md?p=e) of the life estate retained, determined on the basis of standard actuarial methods;
  - (3) that the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) shall retain an estate for twenty-five years. The price in this case shall likewise be diminished by the value of the estate retained.
- (f) **“Improved property” defined—** The term “[improved property](/usc/16/251h.md?p=2)” as used in [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title shall mean any building, the construction of which was begun before July 1, 1963, and such amount of land, not in excess of two acres in the case of a residence or ten acres in the case of a commercial or industrial use, on which the building is situated as the [Secretary](/usc/16/410r–5.md?p=c-1) considers reasonably necessary to the use of the building: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from [improved properties](/usc/16/251h.md?p=2) any beach or waters, together with so much of the land adjoining such beach or waters as he deems necessary for public access thereto.
- (g) **Undeveloped tracts and property; suspension of condemnation authority; natural state—** The authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to condemn undeveloped tracts within the Dune District as depicted on [map](/usc/16/430f–7.md?p=1) entitled “Fire Island National Seashore” numbered OGP–0004 dated May, 1978, is suspended so long as the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of the undeveloped property therein maintain the property in its natural [state](/usc/16/6456.md?p=2). Undeveloped property within the Dune District that is acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) shall remain in its natural [state](/usc/16/6456.md?p=2).
- (h) **Sale of property acquired by condemnation; excepted properties; proceeds available for acquisition of property—**
  - (1)
    - (A) The [Secretary](/usc/16/410r–5.md?p=c-1) shall sell any property described in subparagraph (B) of this paragraph acquired by condemnation under [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title to the highest bidder; except that—
      - (i) no property shall be sold at less than its [fair market value](/usc/16/459b–1.md?p=e); and
      - (ii) no property shall be sold unless it is sold subject to covenants or other restrictions that will ensure that the use of such property conforms—
        - (I) to the standards specified in regulations issued under [section 459e–2(a) of this title](/usc/16/459e–2.md?p=a) which are in effect at the time of such sale, and
        - (II) to any approved zoning ordinance or amendment thereof to which such property is subject.
    - (B) The property referred to in subparagraph (A) of this paragraph is any property within the boundaries of the national seashore as delineated on the [map](/usc/16/430f–7.md?p=1) mentioned in [section 459e of this title](/usc/16/459e.md) except—
      - (i) property within the Dune district referred to in [subsection (g)](#g) of this section;
      - (ii) beach or waters and adjoining land within the exempt communities referred to in the first sentence of [subsection (e)](#e) of this section; and[^1]
      - (iii) property within the eight-mile [area](/usc/16/539m–1.md?p=1-A) described in the second sentence of [subsection (e)](#e) of this section; and
      - (iv) any property acquired prior to October 1, 1982, that the [Secretary](/usc/16/410r–5.md?p=c-1) determines should be retained to further the purpose of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title.
  - (2) Notwithstanding any other provision of law, all moneys received from sales under paragraph (1) of this subsection may be retained and shall be available to the [Secretary](/usc/16/410r–5.md?p=c-1), without further appropriation, only for purposes of acquiring property under [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title.
- (i) **Injunctive relief; termination—**
  - (1) Upon or after the commencement of any action for condemnation with respect to any property under [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1), through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prevent any use of, or construction upon, such property that—
    - (A) fails, or would result in a failure of such property, to conform to the standards specified in regulations issued under [section 459e–2(a) of this title](/usc/16/459e–2.md?p=a) in effect at the time such use or construction began; or
    - (B) in the case of undeveloped tracts in the Dune district referred to in [subsection (g)](#g) of this section, would result in such undeveloped property not being maintained in its natural [state](/usc/16/6456.md?p=2).
  - (2) Any temporary restraining order or injunction issued pursuant to such an application shall terminate in accordance with the provisions of [section 459e–2(g) of this title](/usc/16/459e–2.md?p=g).

# §459e–2. Zoning regulations

- (a) **Amendment; standards for approval of ordinances—** In order to carry out the provisions of [section 459e–1 of this title](/usc/16/459e–1.md) the [Secretary](/usc/16/410r–5.md?p=c-1) shall issue regulations, which may be amended from time to time, specifying standards that are consistent with the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title for zoning ordinances which must meet his approval.
- (b) **Commercial or industrial use prohibition; size, location or use restrictions for commercial, residential, and other structures; reconciliation of population density with protection of natural resources—** The standards specified in such regulations shall have the object of (1) prohibiting new commercial or industrial [uses](/usc/16/410hhh–1.md?p=10), other than commercial or industrial [uses](/usc/16/410hhh–1.md?p=10) which the [Secretary](/usc/16/410r–5.md?p=c-1) considers are consistent with the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title, of all property within the national seashore, and (2) promoting the protection and development for purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title of the land within the national seashore by means of limitations or restrictions on the size, location or use of any commercial, residential, and other structures. In accomplishing these objectives, such standards shall seek to reconcile the population density of the seashore on October 17, 1984, with the protection of the natural [resources](/usc/16/410hhh–1.md?p=8) of the Seashore[^1] consistent with the purposes for which it has been established as provided by [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title.
- (c) **Approval of ordinances—** Following issuance of such regulations the [Secretary](/usc/16/410r–5.md?p=c-1) shall approve any zoning ordinance or any amendment to any approved zoning ordinance submitted to him that conforms to the standards contained in the regulations in effect at the time of adoption of the ordinance or amendment. Such approval shall remain effective for so long as such ordinance or amendment remains in effect as approved.
- (d) **Adverse provisions and absence of notice for variance as requiring disapproval of ordinances—** No zoning ordinance or amendment thereof shall be approved by the [Secretary](/usc/16/410r–5.md?p=c-1) which (1) contains any provisions that he considers adverse to the protection and development, in accordance with the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title, of the [area](/usc/16/539m–1.md?p=1-A) comprising the national seashore; or (2) fails to have the effect of providing that the [Secretary](/usc/16/410r–5.md?p=c-1) shall receive notice of any variance granted under, or any exception made to, the application of such ordinance or amendment.
- (e) **Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses—** In the case of any property, including [improved property](/usc/16/251h.md?p=2) but excluding undeveloped property in the Dune district referred to in [section 459e–1(g) of this title](/usc/16/459e–1.md?p=g), with respect to which the [Secretary](/usc/16/410r–5.md?p=c-1)’s authority to [acquire](/usc/16/620e.md?p=1) by condemnation has been suspended under [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title if—
  - (1) such property is, after October 17, 1984, made the subject of a variance under, or becomes for any reason an exception to, any applicable zoning ordinance approved under this section; and
  - (2) such variance or exception results, or will result, in such property being used in a manner that fails to conform to any applicable standard contained in regulations of the [Secretary](/usc/16/410r–5.md?p=c-1) issued pursuant to this section and in effect at the time such variance or exception took effect;

  then the suspension of the [Secretary](/usc/16/410r–5.md?p=c-1)’s authority to [acquire](/usc/16/620e.md?p=1) such property by condemnation shall automatically cease.

- (f) **Certificate of suspension of authority for acquisition by condemnation—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall furnish to any party in interest upon request a certificate indicating the property with respect to which the [Secretary](/usc/16/410r–5.md?p=c-1)’s authority to [acquire](/usc/16/620e.md?p=1) by condemnation is suspended.
- (g) **Injunctive relief; termination—** Notwithstanding any other provision of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, acting through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prohibit the use of, including construction upon, any property within the seashore in a manner that—
  - (1) will cause or is likely to cause significant harm to the natural [resources](/usc/16/410hhh–1.md?p=8) of the seashore, or
  - (2) is inconsistent with the purposes for which the seashore was established.

  Except to the extent the Court may deem necessary in extraordinary circumstances, no such order or injunction shall continue in effect for more than one hundred and eighty days. During the period of such order or injunction, the [Secretary](/usc/16/410r–5.md?p=c-1) shall diligently and in good faith negotiate with the [owner](/usc/16/429b–3.md?p=4) of the property to assure that following termination of the order or injunction, the inconsistent use is abated or the significant harm to the natural [resources](/usc/16/410hhh–1.md?p=8) is mitigated.


# §459e–3. Retention by owner of right of use and occupancy of improved property for residential purposes

- (a) **Time limit; value of reserved right—** [Owners](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) may reserve for themselves and their successors or assigns a right of use and occupancy of the [improved property](/usc/16/251h.md?p=2) for noncommercial residential purposes for a term that is not more than twenty-five years. The value of the reserved right shall be deducted from the [fair market value](/usc/16/459b–1.md?p=e) paid for the property.
- (b) **Termination of right; compensation—** A right of use and occupancy reserved pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that the use and occupancy is not consistent with an applicable zoning ordinance approved by the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with the provisions of [section 459e–2 of this title](/usc/16/459e–2.md), and upon tender to the [owner](/usc/16/429b–3.md?p=4) of the right an amount equal to the [fair market value](/usc/16/459b–1.md?p=e) of that portion of the right which remains unexpired on the date of termination.

# §459e–4. Hunting and fishing regulations


The [Secretary](/usc/16/410r–5.md?p=c-1) shall permit hunting, [fishing](/usc/16/7901.md?p=b), and shellfishing on lands and waters under his administrative jurisdiction within the Fire Island National Seashore in accordance with the laws of New York and the United States of America, except that the [Secretary](/usc/16/410r–5.md?p=c-1) may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. Any regulations of the [Secretary](/usc/16/410r–5.md?p=c-1) under this section shall be issued after consultation with the [Conservation](/usc/16/6456.md?p=2) Department of the [State](/usc/16/6456.md?p=2) of New York.


# §459e–5. Acceptance of donations


The [Secretary](/usc/16/410r–5.md?p=c-1) may accept and use for purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title any real or personal property or moneys that may be donated for such purposes.


# §459e–6. Administration, protection, and development

- (a) **Conservation of natural resources of Seashore; preservation and access to Sunken Forest Preserve—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer and protect the Fire Island National Seashore with the primary aim of conserving the natural [resources](/usc/16/410hhh–1.md?p=8) located there. The [area](/usc/16/539m–1.md?p=1-A) known as the Sunken Forest [Preserve](/usc/16/410hhh–1.md?p=7) shall be preserved from bay to ocean in as nearly its present [state](/usc/16/6456.md?p=2) as possible, without developing roads therein, but continuing the present access by those trails already existing and limiting new access to similar trails limited in number to those necessary to allow visitors to explore and appreciate this section of the seashore.
- (b) **Access to Davis Park-Smith Point County Park area—** Access to that section of the seashore lying between the easterly boundary of the Ocean Ridge portion of Davis [Park](/usc/16/410r–5.md?p=c-3) and the westerly boundary of the Smith Point County [Park](/usc/16/410r–5.md?p=c-3) shall be provided by ferries and footpaths only, and no roads shall be constructed in this section except such minimum roads as may be necessary for [park](/usc/16/410r–5.md?p=c-3) maintenance vehicles. No development or plan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the flora and fauna or the physiographic conditions now prevailing, and every effort shall be exerted to maintain and [preserve](/usc/16/410hhh–1.md?p=7) this section of the seashore as well as that set forth in the preceding paragraph in as nearly their present [state](/usc/16/6456.md?p=2) and condition as possible.
- (c) **Utilization of authority for conservation and development of natural resources; user fees—** In administering, protecting, and developing the entire Fire Island National Seashore, the [Secretary](/usc/16/410r–5.md?p=c-1) shall be guided by the provisions of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title and the applicable provisions of the laws relating to the [national park](/usc/16/410hhh–1.md?p=5) [system](/usc/16/668ee.md?p=14), and the [Secretary](/usc/16/410r–5.md?p=c-1) may utilize any other statutory authority available to him for the [conservation](/usc/16/6456.md?p=2) and development of natural [resources](/usc/16/410hhh–1.md?p=8) to the extent he finds that such authority will further the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title. Appropriate user fees may be collected notwithstanding any limitation on such authority by any provision of law.

# §459e–7. Shore erosion control or beach protection measures; Fire Island inlet

- (a) **Authority of Chief of Engineers—** The authority of the Chief of Engineers, Department of the Army, to undertake or contribute to shore erosion control or beach protection measures on lands within the Fire Island National Seashore shall be exercised in accordance with a plan that is mutually acceptable to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army and that is consistent with the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title.
- (b) **Land contribution—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall also contribute the necessary land which may be required at any future date for the construction of one new inlet across Fire Island in such location as may be feasible in accordance with plans for such an inlet which are mutually acceptable to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army and that is consistent with the purposes of [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title.

# [§459e–8. Omitted — omitted]



# §459e–9. Authorization of appropriations


There is hereby authorized to be appropriated not more than $23,000,000 for the [acquisition](/usc/16/620e.md?p=1) of lands and interests in land pursuant to [sections 459e to 459e–9](/usc/16/459e..459e–9.md) of this title, and, after December 23, 1980, not more than $500,000 for development.