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16 U.S.C. § 459 — Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands
Federal law — U.S. Code and appendices · legal_authorities
When title to all the lands, except those within the limits of established villages, within boundaries to be designated by the Secretary of the Interior within the area of approximately one hundred square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke, and Collington,11 So in original. Probably should be “Colington,”. and the waters and the lands beneath the waters adjacent thereto shall have been vested in the United States, said area shall be, and is, established, dedicated, and set apart as a national seashore recreational area for the benefit and enjoyment of the people and shall be known as the Cape Hatteras National Seashore Recreational Area: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.
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Source file: Laws/federal/codes/united-states-code/title-16/section-459-cape-hatteras-national-seashore-recreational-area-conditional-establishm--eb4e0f667b.md
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Source location: Title 16, Chapter 1, § 459; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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When title to all the lands, except those within the limits of established villages, within boundaries to be designated by the Secretary of the Interior within the area of approximately one hundred square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke, and Collington,11 So in original. Probably should be “Colington,”. and the waters and the lands beneath the waters adjacent thereto shall have been vested in the United States, said area shall be, and is, established, dedicated, and set apart as a national seashore recreational area for the benefit and enjoyment of the people and shall be known as the Cape Hatteras National Seashore Recreational Area: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.
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Federal law — U.S. Code and appendices · legal_authorities
The administration, protection, and development of the aforesaid national seashore recreational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on August 17, 1937, over Federal-owned lands within the area of the said Cape Hatteras National Seashore Recreational Area: Provided further, That the provisions of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.], shall not apply to this national seashore recreational area: And provided further, That the legal residents of villages referred to in [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim) shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in sections 459 to 459a–3 of this title: And provided further, That hunting shall be permitted, under such rules and regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755) [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 459a–1
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Federal law — U.S. Code and appendices · legal_authorities
Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, which shall be developed for such uses as needed, the said area shall be permanently reserved as a primitive wilderness and no development of the project 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 in this area: Provided, That the Secretary of the Interior may, in his discretion, accept for administration, protection, and development by the National Park Service a minimum of ten thousand acres within the area described in [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim), including the existing Cape Hatteras State Park, and, in addition, any other portions of the area described in [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim) if the State of North Carolina shall agree that if all the lands described in [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim) shall not have been conveyed to the United States within fifteen years from August 17, 1937, the establishment of the aforesaid national seashore recreational area may, in the discretion of the said Secretary, be abandoned, and that, in the event of such abandonment, the said State will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore recreational area. The lands donated to the United Stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 459a–2
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provisions of sections 459 to 459a–3 of this title, lands and waters on or after August 17, 1937, included in any migratory bird refuge under the jurisdiction of the Secretary of Agriculture, within the boundaries of the national seashore recreational area as designated by the Secretary of the Interior under [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim), shall continue as such refuge under the jurisdiction of the Secretary of Agriculture for the protection of migratory birds, but such lands and waters shall be a part of the aforesaid national seashore recreational area and shall be administered by the National Park Service for recreational uses not inconsistent with the purposes of such refuge under such rules and regulations as the Secretaries of the Interior and Agriculture may jointly approve. The proviso to [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim) shall not limit the power of the Secretary of Agriculture to acquire lands for any migratory bird refuge by purchase with any funds made available therefor by applicable law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 459a–3
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Federal law — U.S. Code and appendices · legal_authorities
Page 578
TITLE 16—CONSERVATION
§ 458a
1 So in original. Probably should be ‘‘Colington,’’.
1 See References in Text note below.
§ 458a. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, act Aug. 27, 1940, ch. 690, § 1, 54 Stat. 861, re-
lated to mats for reproduction in magazines and news-
papers of photographs of scenery. See section 104905 of
Title 54, National Park Service and Related Programs.
SUBCHAPTER LXIII—NATIONAL SEASHORE
RECREATIONAL AREAS
§ 459. Cape Hatteras National Seashore Rec-
reational Area; conditional establishment; ac-
quisition of lands
When title to all the lands, except those with-
in the limits of established villages, within
boundaries to be designated by the Secretary of
the Interior within the area of approximately
one hundred square miles on the islands of
Chicamacomico, Ocracoke, Bodie, Roanoke, and
Collington,1 and the waters and the lands be-
neath the waters adjacent thereto shall have
been vested in the United States, said area shall
be, and is, established, dedicated, and set apart
as a national seashore recreational area for the
benefit and enjoyment of the people and shall be
known as the Cape Hatteras National Seashore
Recreational Area: Provided, That the United
States shall not purchase by appropriation of
public moneys any lands within the aforesaid
area, but such lands shall be secured by the
United States only by public or private dona-
tion.
(Aug. 17, 1937, ch. 687, § 1, 50 Stat. 669; June 29,
1940, ch. 459, § 1, 54 Stat. 702.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Words ‘‘national seashore recreational area’’ sub-
stituted in text for ‘‘national seashore’’ pursuant to act
June 29, 1940.
§ 459a. Acceptance of donations; acquisition of
property by purchase and
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 459
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