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

# §459i. Cumberland Island National Seashore; establishment; boundary revisions: notification of Congressional committees, publication in Federal Register


In order to provide for public outdoor recreation use and enjoyment of certain significant shoreline lands and waters of the United States, and to [preserve](/usc/16/410hhh–1.md?p=7) related scenic, scientific, and historical values, there is established in the [State](/usc/16/6456.md?p=2) of Georgia the Cumberland Island National Seashore (hereinafter referred to as the “seashore”) consisting of the [area](/usc/16/539m–1.md?p=1-A) generally depicted on the drawing entitled “Boundary [Map](/usc/16/430f–7.md?p=1), Cumberland Island National Seashore”, numbered CUIS 40,000E, and dated January 1978, which shall be on file and available for public inspection in the offices of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) may after notifying the [Committee](/usc/16/941b.md?p=1) on Energy and Natural [Resources](/usc/16/410hhh–1.md?p=8) of the Senate and the [Committee](/usc/16/941b.md?p=1) on Natural [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13) in writing, make minor adjustments in the boundary of the seashore from time to time by publication of a revised drawing or other boundary description in the Federal Register, but the total acreage within the boundaries shall not exceed forty thousand five hundred acres.


# §459i–1. Acquisition of lands; authority of Secretary; mainland lands for access to seashore administrative and visitor facilities; State lands; transfer from Federal agency to administrative jurisdiction of Secretary


Within the boundaries of the seashore, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) lands, waters, and interests therein by purchase, donation, transfer from any Federal agency, or exchange. The [Secretary](/usc/16/410r–5.md?p=c-1) may also [acquire](/usc/16/620e.md?p=1) not to exceed one hundred acres of lands or interests in lands on the mainland to provide access to the administrative and visitor facilities for the seashore. Any lands or interests therein owned by the [State](/usc/16/6456.md?p=2) of Georgia, or any political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within the boundaries of the seashore may, with the concurrence of the agency having custody thereof, be transferred without transfer of [funds](/usc/16/1421h.md?p=2) to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for the purposes of the seashore.


# §459i–2. Cumberland Island Parkway; right-of-way; administration; regulations


For the purpose of providing access from Interstate 95 to the mainland administrative and visitor facilities of the seashore, the [Secretary](/usc/16/410r–5.md?p=c-1) may designate as the Cumberland Island Parkway a right-of-way, together with adjacent or related sites for public noncommercial recreational use and for interpretation of scenic and historic values, of not more than one thousand acres of lands, waters, and interests therein. The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) only by donation those lands and interests therein, and other property comprising such right-of-way, and adjacent or related sites as he may designate pursuant to [sections 459i to 459i–9](/usc/16/459i..459i–9.md) of this title for the development, hereby authorized, of a roadway of parkway standards, including necessary bridges, spurs, connecting roads, access roads, and other facilities, and for the development and interpretation of [recreation areas](/usc/16/460bbb–1.md?p=3) and historic sites in connection therewith. Lands acquired for the parkway shall be administered as a part of the seashore, subject to all laws and regulations applicable thereto, and subject to such special regulations as the [Secretary](/usc/16/410r–5.md?p=c-1) may promulgate for the parkway.


# §459i–3. Acquisition of property

- (a) **Private right of use and occupancy for residential purposes for fixed term of years or for life; election by owner; exception of property for visitor facilities or administration of seashore; compensation; contemporaneous restriction on development of public use facilities; lands, waters, and interests from National Park Foundation—** With the exception of any property deemed necessary by the [Secretary](/usc/16/410r–5.md?p=c-1) for visitor facilities or administration of the seashore, any [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of [improved property](#c) on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for themselves and their successors or assigns a right of use and occupancy of the property for noncommercial residential purposes, for twenty-five years, or, in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or his spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the [fair market value](/usc/16/459b–1.md?p=e) of the property on the date of such [acquisition](/usc/16/620e.md?p=1) less the [fair market value](/usc/16/459b–1.md?p=e) on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4): Provided, however, That, in [addition](/usc/16/410r–5.md?p=c-2), for so long as a right of use and occupancy remains in effect by the donors of land of one hundred acres or more, the [Secretary](/usc/16/410r–5.md?p=c-1) shall not, with respect to such lands, develop any public use facilities except for trails, road access, and utilities: Provided further, That when acquiring lands, waters, and interests therein from the [National Park](/usc/16/410hhh–1.md?p=5) [Foundation](/usc/16/450ss–1.md?p=1), its successors and assigns, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1) such lands, waters, and interests subject to the written terms and conditions contained in those transactions, including but not limited to options, entered into by the [National Park](/usc/16/410hhh–1.md?p=5) [Foundation](/usc/16/450ss–1.md?p=1) prior to January 1, 1973, and that such previous written rights and interests shall prevail over provisions of this subsection.
- (b) **Commercial use prohibition; termination of use and occupancy upon tender of compensation—** A right of use and occupancy retained or enjoyed pursuant to this section may be terminated with respect to the entire property by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that the property or any portion thereof has ceased to be used for noncommercial residential purposes and upon tender to the holder of a right an amount equal to the [fair market value](/usc/16/459b–1.md?p=e), as of the date of tender, of that portion of the right which remains unexpired on the date of termination.
- (c) **“Improved property” defined—** The term “improved property”, as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before February 1, 1970 (hereinafter referred to as “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the [Secretary](/usc/16/410r–5.md?p=c-1) shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.
- (d) **Little Cumberland Island; acquisition restrictions—**
  - (1) In order to provide an opportunity for the establishment of a natural and scenic [preserve](/usc/16/410hhh–1.md?p=7) by voluntary private action of certain [owners](/usc/16/429b–3.md?p=4) of lands within the seashore, and notwithstanding anything to the contrary herein contained, no lands or interests in lands shall be acquired on Little Cumberland Island without the consent of the [owner](/usc/16/429b–3.md?p=4), for a period of one year from October 23, 1972, except as specifically otherwise provided herein.
  - (2) In the event that the [owners](/usc/16/429b–3.md?p=4) of land on Little Cumberland Island enter into an irrevocable [trust](/usc/16/450ss–1.md?p=4) or some other irrevocable agreement for the preservation of the [resources](/usc/16/410hhh–1.md?p=8) of Little Cumberland Island which, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), assures the protection of the [resources](/usc/16/410hhh–1.md?p=8) in a manner consistent with the purposes for which the seashore is established, the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to [acquire](/usc/16/620e.md?p=1) such lands shall be suspended for such time as the [trust](/usc/16/450ss–1.md?p=4) is in effect and the lands are used and occupied in accordance therewith.
  - (3) If, at any time during the one-year period following October 23, 1972, the [Secretary](/usc/16/410r–5.md?p=c-1) determines that any lands on Little Cumberland Island are threatened with development, or other [uses](/usc/16/410hhh–1.md?p=10), inconsistent with the establishment or continuation of the [trust](/usc/16/450ss–1.md?p=4) herein referred to, then the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) such lands, or interests therein, by any of the methods provided for in [section 459i–1 of this title](/usc/16/459i–1.md).

# §459i–4. Hunting and fishing


The [Secretary](/usc/16/410r–5.md?p=c-1) shall permit hunting, [fishing](/usc/16/7901.md?p=b), and trapping on lands and waters under his jurisdiction within the boundaries of the seashore in accordance with the appropriate laws of Georgia and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, [fishing](/usc/16/7901.md?p=b), or trapping shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate [State](/usc/16/6456.md?p=2) agency responsible for hunting, [fishing](/usc/16/7901.md?p=b), and trapping activities.


# §459i–5. Administration, protection, and development

- (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](/usc/16/1.md), 2–4),[^1] as amended and supplemented, except that any other statutory authority available to the [Secretary](/usc/16/410r–5.md?p=c-1) for the [conservation](/usc/16/6456.md?p=2) and management of natural [resources](/usc/16/410hhh–1.md?p=8) may be utilized to the extent he finds such authority will further the purposes of [sections 459i to 459i–9](/usc/16/459i..459i–9.md) 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](/usc/16/410hhh–1.md?p=10), particularly swimming, boating, [fishing](/usc/16/7901.md?p=b), hiking, horseback riding, and other recreational activities of similar nature, which shall be developed for such [uses](/usc/16/410hhh–1.md?p=10) as needed, the seashore shall be permanently preserved in its primitive [state](/usc/16/6456.md?p=2), and, except as provided in [subsection (c)](#c), no development of the [project](/usc/16/410r–5.md?p=c-4) 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.
- (c) **Tours of the seashore—** Notwithstanding [subsection (b)](#b), the [Secretary](/usc/16/410r–5.md?p=c-1) may enter into not more than 3 concession contracts, as the [Secretary](/usc/16/410r–5.md?p=c-1) determines appropriate, for the provision of tours for visitors to the seashore that are consistent with—
  - (1) [sections 459i to 459i–9](/usc/16/459i..459i–9.md) of this title;
  - (2) the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.); and
  - (3) Public Law 97–250 (96 Stat. 709).

# §459i–6. State and local jurisdiction


Nothing in [sections 459i to 459i–9](/usc/16/459i..459i–9.md) of this title shall deprive the [State](/usc/16/6456.md?p=2) of Georgia or any political [subdivision](/usc/16/539m–1.md?p=15) thereof of its civil or criminal jurisdiction over [persons](/usc/16/450rr–1.md?p=b) found, acts performed, and offenses committed within the boundaries of the seashore, or of its right to tax [persons](/usc/16/450rr–1.md?p=b), corporations, franchises, or other non-Federal property on lands included therein.


# §459i–7. Water resource developments


The authority of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army to undertake or contribute to water resource developments, including shore erosion control, beach protection and navigation improvements on land and/or waters within the Cumberland Island National Seashore shall be exercised in accordance with plans 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 which are consistent with both the purpose of [sections 459i to 459i–9](/usc/16/459i..459i–9.md) of this title and the purpose of existing statutes dealing with water and related land resource development.


# §459i–8. Report to President


Within three years from October 23, 1972, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall report to the President, in accordance with section [1132(c)](/usc/16/1132.md?p=c) and [(d)](/usc/16/1132.md?p=d) of this title, his recommendations as to the suitability or nonsuitability of any [area](/usc/16/539m–1.md?p=1-A) within the national seashore for preservation as [wilderness](/usc/16/460mmm–1.md?p=6), and any designation of any such [area](/usc/16/539m–1.md?p=1-A) as a [wilderness](/usc/16/460mmm–1.md?p=6) shall be accomplished in accordance with said section [1132(c)](/usc/16/1132.md?p=c) and [(d)](/usc/16/1132.md?p=d) of this title.


# §459i–9. Authorization of appropriations


There are authorized to be appropriated not to exceed $28,500,000 for the [acquisition](/usc/16/620e.md?p=1) of lands and interests in lands and not to exceed $27,840,000 for development of the seashore.