§459h–4 — Title 16 Conservation | U.S. Code

Summary

The Secretary must run the seashore under the National Park Service law from August 25, 1916, unless other parts of these laws say otherwise. He can use other legal powers to protect and manage wildlife and natural resources. For certain forts and nearby lands — Fort Redoubt, Fort San Carlos, Fort Barrancas (Pensacola Naval Air Station), Fort Pickens (Santa Rosa Island), Fort McRee (Perdido Key, Florida), and Fort Massachusetts (Ship Island, Mississippi) — he must preserve and explain their national historic importance under the Historic Sites Act of August 21, 1935, and may name them national historic sites. The Secretary may make agreements with Mississippi to manage resources, assist with law enforcement if state law allows, and provide emergency services on Cat Island and its buffer-zone waters and lands. He may also agree with the owners of the about 150-acre “Boddie Family Tract” on its development and use. He cannot enforce federal rules outside the seashore’s official boundary.

Title 16, §459h–4

Conservation — Source: USLM XML via OLRC

(a)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),11 So in original. Probably should be “(39 Stat. 535),”. as amended and supplemented (16 U.S.C. 1 et seq.).22 See References in Text note below. 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)(1)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)Nothing in this subsection authorizes the Secretary to enforce Federal regulations outside the land area within the designated boundary of the seashore.

Notes & Related Subsidiaries

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