16 U.S.C. §§ 459h–459h–10

§459h. Gulf Islands National Seashore

16 U.S.C. § 459h

(a)

Establishment— In order to preserve for public use and enjoyment certain areas possessing outstanding natural, historic, and recreational values, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may establish and administer the Gulf Islands National Seashore (hereinafter referred to as the “seashore”).

(b)

Composition—

(1)

In general— The seashore shall comprise the areas described in paragraphs (2) and (3).

(2)

Areas included in boundary plan numbered NS–GI–7100J— The areas described in this paragraph are the following gulf coast islands and mainland areas, together with adjacent water areas as generally depicted on the drawing entitled “Proposed Boundary Plan, Proposed Gulf Islands National Seashore,” numbered NS–GI–7100J, and dated December 1970:

(A)

Ship, Petit Bois, and Horn Islands in Mississippi;

(B)

the eastern portion of Perdido Key in Florida;

(C)

Santa Rosa Island in Florida;

(D)

the Naval Live Oaks Reservation in Florida;

(E)

Fort Pickens and the Fort Pickens State Park in Florida; and

(F)

a tract of land in the Pensacola Naval Air Station in Florida that includes the Coast Guard Station and Lighthouse, Fort San Carlos, Fort Barrancas, and Fort Redoubt and sufficient surrounding land for proper administration and protection of the historic resources.

(3)

Cat Island— Upon its acquisition by the Secretary, the area described in this paragraph is the parcel consisting of approximately 2,000 acres of land on Cat Island, Mississippi, as generally depicted on the map entitled “Boundary Map, Gulf Islands National Seashore, Cat Island, Mississippi”, numbered 635/80085, and dated November 9, 1999 (referred to in sections 459h to 459h–10 of this title¹ as the “Cat Island Map”).

(4)

Availability of Map— The Cat Island Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 91–660, § 1, Jan. 8, 1971, 84 Stat. 1967; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–231.)

Editorial Notes

References in Text

Sections 459h to 459h–10 of this title, referred to in subsec. (b)(3), was in the original “this title”, and was translated as reading “this Act”, meaning Pub. L. 91–660, which enacted sections 459h to 459h–10 of this title, to reflect the probable intent of Congress, because Pub. L. 91–660 does not contain titles.

Amendments

2000—Pub. L. 106–554 inserted section catchline and subsec. (a) designation and heading, substituted “In order” for “That, in order”, inserted subsec. (b) designation and heading, added par. (1), inserted par. (2) designation and heading and substituted “The areas described in this paragraph are” for “The seashore shall comprise”, redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (2), realigned margins, and added pars. (3) and (4).

§459h–1. Acquisition of property

16 U.S.C. § 459h–1

(a)

Authority of Secretary; concurrence of State owner; administrative site and related facilities; transfer from Federal agency to administrative jurisdiction of Secretary— Within the boundaries of the seashore, the Secretary may acquire submerged land, land, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that property owned by a State or any political subdivision thereof may be acquired only with the consent of the owner. The Secretary may acquire by any of the above methods not more than four hundred acres of land or interests therein outside of the seashore boundaries on the mainland in the vicinity of Biloxi-Gulfport, Mississippi, for an administrative site and related facilities for access to the seashore. With the concurrence of the agency having custody thereof, any Federal property within the seashore and mainland site may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the seashore.

(b)

Improved residential property owner’s reservation of right of use and occupancy for residential purposes for life or fixed term of years; election by owner; transfer or assignment of right; adjustment of compensation— With respect to improved residential property acquired for the purposes of sections 459h to 459h–10 of this title, which is beneficially owned by a natural person and which the Secretary of the Interior determines can be continued in that use for a limited period of time without undue interference with the administration, development, or public use of the seashore, the owner thereof may on the date of its acquisition by the Secretary retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the owner may elect, ending either (1) at the death of the owner or his spouse, whichever occurs later, or (2) not more than twenty-five years from the date of acquisition. Any right so retained may during its existence be transferred or assigned. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less their¹ fair market value on such date of the right retained by the owner.

(c)

“Improved residential property” defined— As used in sections 459h to 459h–10 of this title, “improved residential property” means a single-family year-round dwelling, the construction of which began before January 1, 1967, and which serves as the owner’s permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located that the Secretary finds is reasonably necessary for the owner’s continued use and occupancy of the dwelling: Provided, That the Secretary may exclude from improved residential property any marsh, beach, or waters and adjoining land that the Secretary deems is necessary for public access to such marsh, beach, or waters.

(d)

Termination of use and occupancy inconsistent with statutory purposes and upon tender of sum for unexpired right— The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of sections 459h to 459h–10 of this title, and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.

(e)

Acquisition authority—

(1)

In general— The Secretary may acquire, from a willing seller only—

(A)

all land comprising the parcel described in subsection (b)(3)² that is above the mean line of ordinary high tide, lying and being situated in Harrison County, Mississippi;

(B)

an easement over the approximately 150-acre parcel depicted as the “Boddie Family Tract” on the Cat Island Map for the purpose of implementing an agreement with the owners of the parcel concerning the development and use of the parcel; and

(C)

(i)

land and interests in land on Cat Island outside the 2,000-acre area depicted on the Cat Island Map; and

(ii)

submerged land that lies within 1 mile seaward of Cat Island (referred to in sections 459h to 459h–10 of this title² as the “buffer zone”), except that submerged land owned by the State of Mississippi (or a subdivision of the State) may be acquired only by donation.

(2)

Administration—

(A)

In general— Land and interests in land acquired under this subsection shall be administered by the Secretary, acting through the Director of the National Park Service.

(B)

Buffer zone— Nothing in sections 459h to 459h–10 of this title² or any other provision of law shall require the State of Mississippi to convey to the Secretary any right, title, or interest in or to the buffer zone as a condition for the establishment of the buffer zone.

(3)

Modification of boundary— The boundary of the seashore shall be modified to reflect the acquisition of land under this subsection only after completion of the acquisition.

Footnotes

1 So in original. Probably should be “the”.
2 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 91–660, § 2, Jan. 8, 1971, 84 Stat. 1967; Pub. L. 92–275, § 1(1), Apr. 20, 1972, 86 Stat. 123; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–231.)

Editorial Notes

References in Text

Subsection (b)(3), referred to in subsec. (e)(1)(A), probably means subsection (b)(3) of section 459h of this title. Subsection (b) of this section does not contain a par. (3).

Sections 459h to 459h–10 of this title, referred to in subsec. (e)(1)(C)(ii), (2)(B), was in the original “this title”, and was translated as reading “this Act”, meaning Pub. L. 91–660, which enacted sections 459h to 459h–10 of this title, to reflect the probable intent of Congress, because Pub. L. 91–660 does not contain titles.

Amendments

2000—Subsec. (a). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(b)(1)], substituted “submerged land, land,” for “lands,” in first sentence.

Subsec. (e). Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(b)(2)], added subsec. (e).

1972—Subsec. (a). Pub. L. 92–275 increased amount of property authorized to be acquired from one hundred thirty-five to four hundred acres.

Statutory Notes and Related Subsidiaries

Gulf Islands National Seashore Land Exchange

Pub. L. 115–279, Nov. 20, 2018, 132 Stat. 4187, known as the Gulf Islands National Seashore Land Exchange Act, authorized the Secretary of the Interior to exchange certain Federal lands located within the Gulf Islands National Seashore in Jackson County, Mississippi, for non-Federal land identified as “VFW Exchange Area” located in Jackson County, Mississippi, owned by the Veterans of Foreign Wars Post 5699, with the stipulation for equal value exchange and provision for methods of equalizing the exchange, for the conveyance agreement and title approval, and for the modification of the boundary of the Gulf Islands National Seashore to reflect the exchange.

§459h–2. Designation of hunting and fishing zones; regulation of maritime activities

16 U.S.C. § 459h–2

(a)

In general— The Secretary shall permit hunting and fishing on lands and waters within the seashore in accordance with applicable Federal and States laws: Provided, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities.

(b)

No authority to regulate maritime activities— Nothing in sections 459h to 459h–10 of this title¹ or any other provision of law shall affect any right of the State of Mississippi, or give the Secretary any authority, to regulate maritime activities, including nonseashore fishing activities (including shrimping), in any area that, on December 21, 2000, is outside the designated boundary of the seashore (including the buffer zone).

Footnotes

1 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 91–660, § 3, Jan. 8, 1971, 84 Stat. 1968; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–232.)

Editorial Notes

References in Text

Sections 459h to 459h–10 of this title, referred to in subsec. (b), was in the original “this title”, and was translated as reading “this Act”, meaning Pub. L. 91–660, which enacted sections 459h to 459h–10 of this title, to reflect the probable intent of Congress, because Pub. L. 91–660 does not contain titles.

Amendments

2000—Pub. L. 106–554 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§459h–3. Rights-of-way or easements for transportation of oil and gas minerals

16 U.S.C. § 459h–3

Any acquisition of lands, waters, or interests therein shall not diminish any existing rights-of-way or easements which are necessary for the transportation of oil and gas minerals through the seashore which oil and gas minerals are removed from outside the boundaries thereof; and, the Secretary, subject to appropriate regulations for the protection of the natural and recreational values for which the seashore is established, shall permit such additional rights-of-way or easements as he deems necessary and proper.

Notes, amendments, and revision history

(Pub. L. 91–660, § 4, Jan. 8, 1971, 84 Stat. 1968.)

§459h–4. Administration of seashore; conservation and management of wildlife and natural resources; authority to designate areas as national historic sites; agreements

16 U.S.C. § 459h–4

(a)

In general— Except as otherwise provided in sections 459h to 459h–10 of this title, the Secretary shall administer the seashore in accordance with the Act of August 25, 1916 (30 Stat. 535),¹ as amended and supplemented (16 U.S.C. 1 et seq.).² In the administration of the seashore the Secretary may utilize such statutory authorities available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of sections 459h to 459h–10 of this title. With respect to Fort Redoubt, Fort San Carlos, Fort Barrancas at Pensacola Naval Air Station, Fort Pickens on Santa Rosa Island, and Fort McRee on Perdido Key, Florida, and Fort Massachusetts on Ship Island, Mississippi, together with such adjacent lands as the Secretary may designate, the Secretary shall administer such lands so as to recognize, preserve, and interpret their national historical significance in accordance with the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467)),² and he may designate them as national historic sites.

(b)

Agreements—

(1)

In general— The Secretary may enter into agreements—

(A)

with the State of Mississippi for the purposes of managing resources and providing law enforcement assistance, subject to authorization by State law, and emergency services on or within any land on Cat Island and any water and submerged land within the buffer zone; and

(B)

with the owners of the approximately 150-acre parcel depicted as the “Boddie Family Tract” on the Cat Island Map concerning the development and use of the land.

(2)

No authority to enforce certain regulations— Nothing in this subsection authorizes the Secretary to enforce Federal regulations outside the land area within the designated boundary of the seashore.

Footnotes

1 So in original. Probably should be “(39 Stat. 535),”.
2 See References in Text note below.

Notes, amendments, and revision history

(Pub. L. 91–660, § 5, Jan. 8, 1971, 84 Stat. 1968; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–232.)

Editorial Notes

References in Text

The Act of August 25, 1916 (30 Stat. 535) (16 U.S.C. 1 et seq.), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467), referred to in subsec. (a), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Codification

Subsec. (a) is comprised of the first, second, and third sentences of subsec. (a) of section 5 of Pub. L. 91–660. The fourth sentence of subsec. (a) repealed sections 450gg to 450gg–3 of this title and provisions formerly set out as a note under section 450gg of this title.

Amendments

2000—Pub. L. 106–554 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§459h–5. Beach erosion control and hurricane protection; study and formulation of plans; activities by Chief of Engineers, Department of Army

16 U.S.C. § 459h–5

The Secretary of the Interior and the Secretary of the Army may cooperate in the study and formulation of plans for beach erosion control and hurricane protection of the seashore. Any such protective works or spoil deposit activities undertaken by the Chief of Engineers, Department of the Army, shall be carried out within the seashore in accordance with a plan that is acceptable to the Secretary of the Interior and that is consistent with the purposes of sections 459h to 459h–10 of this title.

Notes, amendments, and revision history

(Pub. L. 91–660, § 6, Jan. 8, 1971, 84 Stat. 1969.)

§459h–6. Transfer of Horn Island and Petit Bois National Wildlife Refuges from National Wildlife Refuge System; administration

16 U.S.C. § 459h–6

(a)

There are hereby transferred from the National Wildlife Refuge System to the seashore the Horn Island and Petit Bois National Wildlife Refuges to be administered in accordance with the provisions of sections 459h to 459h–10 of this title.

(b)

If any of the Federal land on Santa Rosa or Okaloosa Island, Florida, under the jurisdiction of the Department of Defense is ever excess to the needs of the Armed Forces, the Secretary of Defense shall transfer the excess land to the administrative jurisdiction of the Secretary of the Interior, subject to the terms and conditions acceptable to the Secretary of the Interior and the Secretary of Defense. The Secretary of the Interior shall administer the transferred land as part of the seashore in accordance with the provisions of sections 459h to 459h–10 of this title.

Notes, amendments, and revision history

(Pub. L. 91–660, § 7, Jan. 8, 1971, 84 Stat. 1969; Pub. L. 109–163, div. B, title XXVIII, § 2872(b), Jan. 6, 2006, 119 Stat. 3535.)

Editorial Notes

Amendments

2006—Pub. L. 109–163 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Transfer of Excess Department of Defense Property on Santa Rosa and Okaloosa Island, Florida, to Gulf Islands National Seashore

Pub. L. 109–163, div. B, title XXVIII, § 2872(a), Jan. 6, 2006, 119 Stat. 3534, provided that: “Congress finds the following: Public Law 91–660 of the 91st Congress [16 U.S.C. 459h et seq.] established the Gulf Islands National Seashore in the States of Florida and Mississippi. The original boundaries of the Gulf Islands National Seashore encompassed certain Federal land used by the Air Force and the Navy, and the use of such land was still required by the Armed Forces when the seashore was established. Senate Report 91–1514 of the 91th Congress addressed the relationship between these military lands and the Gulf Islands National Seashore as follows: ‘While the military use of these lands is presently required, they remain virtually free of adverse development and they are included in the boundaries of the seashore so that they can be wholly or partially transferred to the Department of the Interior when they become excess to the needs of the Air Force.’. Although section 2(a) of Public Law 91–660 (16 U.S.C. 459h–1(a)) authorized the eventual transfer of Federal land within the boundaries of the Gulf Islands National Seashore from the Department of Defense to the Secretary of the Interior, an amendment mandating the transfer of excess Department of Defense land on Santa Rosa and Okaloosa Island, Florida, to the Secretary of the Interior is required to ensure that the purposes of the Gulf Islands National Seashore are fulfilled.”

§459h–7. Preservation of any area as wilderness; study and report to President; procedure for designation of any area as a wilderness

16 U.S.C. § 459h–7

Within four years from January 8, 1971, the Secretary of the Interior shall review the area within the Gulf Islands National Seashore and shall report to the President, in accordance with subsections (c) and (d) of section 1132 of this title, and recommend as to the suitability or nonsuitability of any area within the seashore for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections.

Notes, amendments, and revision history

(Pub. L. 91–660, § 8, Jan. 8, 1971, 84 Stat. 1969.)

§459h–8. Authority of Department of Army or Chief of Engineers over navigation or related matters

16 U.S.C. § 459h–8

No provision of sections 459h to 459h–10 of this title, or of any other Act made applicable thereby, shall be construed to affect, supersede, or modify any authority of the Department of the Army or the Chief of Engineers, with respect to navigation or related matters except as specifically provided in section 459h–5 of this title.

Notes, amendments, and revision history

(Pub. L. 91–660, § 9, Jan. 8, 1971, 84 Stat. 1969.)

§459h–9. Gulf Islands National Seashore Advisory Commission; establishment; termination; membership; term; Chairman; compensation and payment of expenses; consultation by Secretary

16 U.S.C. § 459h–9

There is hereby established a Gulf Islands National Seashore Advisory Commission. The Commission shall terminate ten years after the date the seashore is established pursuant to sections 459h to 459h–10 of this title. The Commission shall be composed of three members from each county in which the seashore is located, each appointed for a term of two years by the Secretary as follows:

(1)

one member to be appointed from recommendations made by the county commissioners in the respective counties;

(2)

one member to be appointed from recommendations made by the Governor of the State from each county; and

(3)

one member to be designated by the Secretary from each county.

The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.

Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under sections 459h to 459h–10 of this title on vouchers signed by the Chairman.

The Secretary or his designee shall, from time to time, consult with the Commission with respect to the matters relating to the development of the Gulf Islands National Seashore.

Notes, amendments, and revision history

(Pub. L. 91–660, § 10, Jan. 8, 1971, 84 Stat. 1969.)

Statutory Notes and Related Subsidiaries

Termination of Advisory Commissions

Advisory commissions in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

§459h–10. Authorization of appropriations

16 U.S.C. § 459h–10

(a)

In general— There are authorized to be appropriated not more than $22,162,000 for the acquisition of lands and interests in lands and not more than $24,224,000 for development.

(b)

Authorization for acquisition of land— In addition to the funds authorized by subsection (a), there are authorized to be appropriated such sums as are necessary to acquire land and submerged land on and adjacent to Cat Island, Mississippi.

Notes, amendments, and revision history

(Pub. L. 91–660, § 11, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 92–275, § 1(2), Apr. 20, 1972, 86 Stat. 123; Pub. L. 94–578, title I, § 101(6), Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95–625, title I, § 101(13), Nov. 10, 1978, 92 Stat. 3471; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 137(e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–232.)

Editorial Notes

Amendments

2000—Pub. L. 106–554 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1978—Pub. L. 95–625 substituted “$24,224,000 for development.” for “$17,774,000 (June 1970 prices) for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved herein.”

1976—Pub. L. 94–578 substituted “$22,162,000” for “$3,462,000”.

1972—Pub. L. 92–275 increased appropriations authorization for lands and land interests from $3,120,000 to $3,462,000 and for development from $14,779,000 (1970 prices) to $17,774,000 (June 1970 prices).