16 U.S.C. § 459 — Cape Hatteras National Seashore Rec-

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 Repealed.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 condemnation The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national seashore rec- reational area as determined and fixed here- under and donations of funds for the purchase and maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States under any donated funds by purchase, when pur- chasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of section 3113 of title 40, such tracts of land within the said national seashore recreational area as may be necessary for the completion thereof. (Aug. 17, 1937, ch. 687, § 2, 50 Stat. 669; June 29, 1940, ch. 459, § 1, 54 Stat. 702.) Editorial Notes CODIFICATION ‘‘Section 3113 of title 40’’ substituted in text for ‘‘the Act of August 1, 1888’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. 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–1. Administration, protection, and devel- opment; commercial fishing by residents; hunting The administration, protection, and develop- ment of the aforesaid national seashore rec- reational area shall be exercised under the direc- tion of the Secretary of the Interior by the Na- tional 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’’,1 as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdic- tion of other agencies of the Government exer- cised 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 et seq.], shall not apply to this national seashore recreational area: And provided further, That the legal resi- dents of villages referred to in section 459 of this title 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 Sec- retary of the Interior in conformity with the Mi- gratory Bird Treaty Act of July 3, 1918 (40 Stat. 755) [16 U.S.C. 703 et seq.], as follows: (a) Upon the waters of the sounds included within the na- tional seashore recreational area, (b) in the area north of the Currituck County line, (c) on Ocracoke Island, and (d) within not more than two thousand acres of land in the remaining por- tion of said national seashore recreational area, as shall be designated by the Secretary of the Interior; except on lands and waters included in any existing or future wildlife or migratory bird refuge and adjacent closed waters. (Aug. 17, 1937, ch. 687, § 3, 50 Stat. 670; June 29, 1940, ch. 459, §§ 1, 2, 54 Stat. 702.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, referred to in text, 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