16 U.S.C. § 459b — Cape Cod National Seashore; description

Page 581 TITLE 16—CONSERVATION § 459b (Pub. L. 85–540, July 18, 1958, 72 Stat. 398.) § 459a–6. Acquisition of non-Federal land within boundaries of recreational area Section 101102 of title 54 is amended to extend the authority of the Secretary of the Interior, contained therein, to the Cape Hatteras Na- tional Seashore Recreational Area. (Aug. 6, 1956, ch. 988, § 1, 70 Stat. 1066.) Editorial Notes CODIFICATION In text, ‘‘Section 101102 of title 54’’ substituted for ‘‘the Act of August 31, 1954 (68 Stat. 1037),’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. § 459a–7. Availability of appropriations Any funds appropriated to the Department of the Interior for the acquisition of non-Federal lands within areas of the National Park System shall after August 6, 1956, be available for the ac- quisition of non-Federal lands within the Cape Hatteras National Seashore Recreational Area, and the appropriation of funds for the acquisi- tion of such lands is authorized. (Aug. 6, 1956, ch. 988, § 2, 70 Stat. 1066.) § 459a–8. Limitation on expenditure The total amount which may be expended for the land acquisition program at Cape Hatteras National Seashore Recreational Area, pursuant to the authorizations contained in sections 459a–6 to 459a–8 of this title, is expressly limited to $250,000. (Aug. 6, 1956, ch. 988, § 3, 70 Stat. 1066.) § 459a–9. Conveyance of land for improvement with public health facility; reversion; consid- eration; status of property upon transfer of title The Secretary of the Interior is authorized to convey the tract of land and improvements thereon situate in the village of Hatteras, Dare County, North Carolina, and administered as part of the Cape Hatteras National Seashore, formerly bearing General Services Administra- tion excess property control number C–NC–444, comprising one and five-tenths acres, the exact description for which shall be determined by the Secretary, to the Board of Commissioners of Dare County, for purposes of providing thereon a public health facility: Provided, That title to the land and any improvements shall revert to the United States upon a finding and notification to the grantee by the Secretary that the property is used for purposes other than a public health facility. The conveyance herein authorized shall be without monetary consideration. Upon the transfer of title to the grantee, the property herein conveyed shall cease to be a part of the Cape Hatteras National Seashore. (Pub. L. 89–146, Aug. 28, 1965, 79 Stat. 583.) § 459a–10. Transfer of Ocracoke Light Station to Secretary of the Interior The Administrator of the General Services Ad- ministration shall transfer administrative juris- diction over the Federal property consisting of approximately 2 acres, known as the Ocracoke Light Station, to the Secretary of the Interior, subject to such reservations, terms, and condi- tions as may be necessary for Coast Guard pur- poses. All property so transferred shall be in- cluded in and administered as part of the Cape Hatteras National Seashore. (Pub. L. 105–383, title IV, § 420, Nov. 13, 1998, 112 Stat. 3439.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 459b. Cape Cod National Seashore; description of area (a) The area comprising that portion of the land and waters located in the towns of Provincetown, Truro, Wellfleet, Eastham, Orle- ans, and Chatham in the Commonwealth of Mas- sachusetts, and described in subsection (b), is designated for establishment as Cape Cod Na- tional Seashore (hereinafter referred to as ‘‘the seashore’’). (b) The area referred to in subsection (a) is de- scribed as follows: Beginning at a point in the Atlantic Ocean one-quarter of a mile due west of the mean low-water line of the Atlantic Ocean on Cape Cod at the westernmost extremity of Race Point, Provincetown, Massachusetts; thence from the point of beginning along a line a quarter of a mile offshore of and parallel to the mean low-water line of the Atlantic Ocean, Cape Cod Bay, and Provincetown Har- bor in generally southerly, easterly, and northerly directions rounding Long Point and then southwesterly to a point a quarter of a mile offshore of the mean low-water line on the harbor side of the dike depicted on the United States Geological Survey Provincetown quadrangle sheet (1949) crossing an arm of the Provincetown Harbor; thence northerly, along a line a quarter of a mile offshore of and parallel to the low-water line at the dike to a point easterly of the point of intersection of the said dike with the boundary of the Province Lands Reservation as depicted on the said Provincetown quad- rangle sheet; thence westerly to the said point of intersec- tion of the dike and the Province Lands Res- ervation boundary; thence along the boundaries of the Province Lands Reservation northwesterly, northeast- erly, northerly, and easterly to the eastern- most corner of the reservation being near United States Route 6; thence leaving the said easternmost corner along an extension of the southerly reserva- tion boundary line easterly to the northerly right-of-way line of United States Route 6; Page 582 TITLE 16—CONSERVATION § 459b thence along the northerly right-of-way line of United States Route 6 in a general easterly direction crossing the Truro-Provincetown line and continuing in the town of Truro in a generally southeasterly direction to a point four-tenths of a mile southeasterly of the southerly right-of-way line of Highland Road; thence easterly five-tenths of a mile to a point; thence turning and running in a southeast- erly direction paralleling the general aline- ment of United States Route 6 and generally distant therefrom five-tenths of a mile to a point approximately 700 feet northwesterly of Long Nook Road; thence southwesterly along a ridge generally paralleling the alinement of Long Nook Road and distant approximately 700 feet therefrom to a point two-tenths of a mile northeasterly of the northerly right-of-way line of United States Route 6; thence southeasterly paralleling the general alinement of United States Route 6 and gen- erally distant two-tenths of a mile northeast- erly thereof to a point 300 feet south of the southerly right-of-way line of Higgins Hollow Road; thence in a general easterly direction paral- leling the southerly alinement of Higgins Hol- low Road and 300 feet distant southerly there- from to a point five-tenths of a mile east of the easterly right-of-way line of said Route 6; thence turning and running in a southeast- erly and southerly direction paralleling the general alinement of United States Route 6 and distant five-tenths of a mile easterly therefrom to a point 300 feet north of the northerly right-of-way line of North Pamet Road; thence in a generally southwesterly direc- tion paralleling the general alinement of North Pamet Road and generally distant 300 feet northerly therefrom to a point approxi- mately two-tenths of a mile east of the eas- terly right-of-way line of United States Route 6; thence in a southerly direction paralleling the alinement of United States Route 6 and generally distant two-tenths of a mile easterly therefrom to a point three-tenths of a mile south of South Pamet Road; thence west to the intersection of Old Coun- ty Road and Mill Pond Road; thence following the easterly right-of-way line of Old County Road southward to a point opposite the southerly right-of-way line of Ryder Beach Road at its intersection with Old County Road; thence eastward to a point 300 feet east of the easterly right-of-way line of said Old County Road; thence in a southerly direction paralleling Old County Road at a distance of 300 feet to the east of the easterly right-of-way line of said road to a point 600 feet south of the south- erly right-of-way line of Prince Valley Road; thence in a generally westerly direction, crossing Old County Road and the New York, New Haven, and Hartford Railroad right-of- way to the southern extremity of the town landing and beach in the Ryder Beach area, and continuing to a point in Cape Cod Bay a quarter of a mile offshore from the mean low- water line of Cape Cod Bay; thence turning and running along a line a quarter of a mile offshore of and parallel to the mean low-water line of Cape Cod Bay in a general southerly and easterly direction rounding Jeremy Point and thence in a gen- eral northerly direction along a line a quarter of a mile offshore of and parallel to the mean low-water line on the westerly side of Wellfleet Harbor, to a point one quarter of a mile due north of the mean low-water line at the eastern tip of Great Island as depicted on the United States Geological Survey Wellfleet quadrangle sheet (1958); thence north to the mean high-water line on the north shore of the Herring River estuary in the vicinity of its confluence with Wellfleet Harbor; thence following the mean high-water line southwesterly, northwesterly, and northeast- erly to the easterly right-of-way line of Chequesset Neck Road at its crossing of Her- ring River; thence following the course of Herring River along the 20-foot contour line of the southeast- erly shore thereof to a point near Mill Creek; thence crossing Mill Creek in a northeast- erly direction to the 20-foot contour level near to and northeast of the confluence of Mill Creek and Herring River; thence following generally northerly and easterly along the easterly edge of the Herring River marshes on the 20-foot contour to a point north of which the easterly right-of-way line of a medium duty road, as depicted on said Wellfleet quadrangle sheet, crosses north- ward across a marshy stream near the junc- ture of said medium duty road with Bound Brook Island Road; thence crossing said marshy stream along said easterly right-of-way line of said medium duty road, and continuing in a northerly direc- tion to the 20-foot contour level on the north side of said marshy stream; thence following the 20-foot contour line westward approximately 1,000 feet to its inter- section with an unimproved dirt road, as de- picted on said Wellfleet quadrangle sheet, leading from a point near the juncture of Bound Brook Island Road and the said medium duty road; thence following said unimproved dirt road northwesterly for approximately 1,600 feet to the 20-foot contour line bordering the south- erly edge of the Herring River marshes; thence following said 20-foot contour line in an easterly direction to Route 6; thence crossing Route 6 and continuing to a point on the easterly right-of-way line of a power transmission line as depicted on said Wellfleet quadrangle sheet; thence in a general southerly direction along the said easterly right-of-way line of a power transmission line to the Eastham- Wellfleet town line; thence southeasterly for a distance of ap- proximately 5,200 feet to a point due north of the intersection of the easterly right-of-way line of Nauset Road with the northerly right- of-way line of Cable Road; Page 583 TITLE 16—CONSERVATION § 459b–1 thence due south to the intersection of the said easterly right-of-way line of Nauset Road and the said northerly right-of-way line of Cable Road; thence in a general southerly direction crossing Cable Road and along said easterly right-of-way line of Nauset Road to a point 500 feet north of the northerly right-of-way line of Doane Road and its intersection with Nauset Road; thence west to a point 500 feet west of the westerly right-of-way line of Nauset Road; thence southerly and westerly 500 feet from and parallel to the said right-of-way line of Nauset Road to the easterly right-of-way line of Salt Pond Road; thence southerly along the easterly right-of- way line of said Salt Pond Road to its inter- section with the southerly right-of-way line of Nauset Road; thence westerly along the southerly right- of-way line of Nauset Road to its intersection with the easterly right-of-way line of United States Route 6; thence southerly along the easterly right-of- way line of said Route 6 a distance of about four-tenths of a mile to the northerly bound- ary of the Eastham town hall property; thence easterly to a point one-tenth of a mile from United States Route 6; thence turning and running in a generally southerly direction paralleling the general alinement of United States Route 6 and gen- erally distant therefrom one-tenth of a mile to a small stream approximately one-tenth of a mile beyond Governor Prence Road extended; thence southeasterly along the said stream to the Orleans-Eastham town line; thence along the Orleans-Eastham town line to the southerly tip of Stony Island; thence generally southeasterly in the town of Orleans by Nauset Harbor Channel to a point due north of the northerly tip of Nauset Heights as depicted on United States Geologi- cal Survey Orleans quadrangle sheet (1946); thence due south to the 20-foot contour line in Nauset Heights as delineated on the said Or- leans quadrangle sheet; thence generally southerly along the said 20- foot contour to a point about one-tenth of a mile northerly of Beach Road; thence southwesterly along a line inter- secting Beach Road at a point two-tenths of a mile easterly of the so-called Nauset Road leading northerly to Nauset Heights; thence southerly to a head of a tributary to Little Pleasant Bay at the northerly tip of Pochet Neck as depicted on the said Orleans quadrangle sheet; thence generally southerly along the thread of channel of the said tributary passing west- erly and southwesterly around Pochet Island and thence southwesterly into Little Pleasant Bay passing to westerly of the northerly tip of Sampson Island, the westerly tip of Money Head, and the southwesterly tip of Hog Island following in general the centerline of Little Pleasant Bay to Pleasant Bay; thence generally southeasterly in Pleasant Bay along a line passing midway between Sipson Island and Nauset Beach to a point on the Chatham-Orleans town line one-quarter of a mile westerly of the mean low-water line of Pleasant Bay on the westerly shore of Nauset Beach; thence generally southerly in Pleasant Bay in the town of Chatham along a line a quarter of a mile offshore of and parallel to the said mean low-water line of Pleasant Bay on the westerly shore of Nauset Beach to a point a quarter of a mile south of the mean low-water line of the southern tip of Nauset Beach; thence easterly rounding the southern tip of Nauset Beach along a line a quarter of a mile offshore of and parallel thereto; thence generally northerly and northwest- erly, and westerly along a line a quarter of a mile offshore of and parallel to the mean low- water line of the Atlantic Ocean on the eas- terly shore of Nauset Beach and on to the outer cape to the point of beginning. (Pub. L. 87–126, § 1, Aug. 7, 1961, 75 Stat. 284.) Statutory Notes and Related Subsidiaries SEPARABILITY Pub. L. 87–126, § 10, Aug. 7, 1961, 75 Stat. 293, provided that: ‘‘If any provision of this Act [sections 459b to 459b–8 of this title] or the application of such provision to any person or circumstance is held invalid, the re- mainder of this Act [such sections] or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be af- fected thereby.’’ § 459b–1. Acquisition of property (a) Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary The Secretary of the Interior (hereinafter re- ferred to as ‘‘Secretary’’) is authorized to ac- quire by purchase, gift, condemnation, transfer from any Federal agency, exchange, or other- wise, the land, waters, and other property, and improvements thereon and any interest therein, within the area which is described in section 459b of this title or which lies within the bound- aries of the seashore as described pursuant to section 459b–2 of this title (both together herein- after in sections 459b to 459b–8 of this title re- ferred to as ‘‘such area’’). Any property, or in- terest therein, owned by the Commonwealth of Massachusetts, by any of the towns referred to in section 459b of this title, or by any other po- litical subdivision of said Commonwealth may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of sections 459b to 459b–8 of this title. (b) Use of funds; fair market value The Secretary is authorized (1) to use donated and appropriated funds in making acquisitions under sections 459b to 459b–8 of this title, and (2) to pay therefor not more than the fair market value of any acquisitions which he makes by