§459i–5 — Title 16 Conservation | U.S. Code

Summary

Manage, protect, and develop the seashore under the Act of August 25, 1916 and any other conservation laws the Secretary finds will help carry out sections 459i to 459i–9. Parts of the seashore that are best for recreation—like swimming, boating, fishing, hiking, horseback riding, and similar activities—may be developed as needed. Most of the area must be kept permanently in a natural, primitive state. No visitor conveniences may be built if they would harm the island’s unique plants, animals, or landforms, and no road or causeway may be built to connect Cumberland Island to the mainland. The Secretary may enter into not more than 3 concession contracts to provide tours, but those tours must follow sections 459i to 459i–9, the Wilderness Act (16 U.S.C. 1131 et seq.), and Public Law 97–250.

Title 16, §459i–5

Conservation — Source: USLM XML via OLRC

(a)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, 2–4),11 See References in Text note below. as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of sections 459i to 459i–9 of this title.

(b)Except for certain portions of the seashore deemed to be especially adaptable for recreational uses, particularly swimming, boating, fishing, hiking, horseback riding, and other recreational activities of similar nature, which shall be developed for such uses as needed, the seashore shall be permanently preserved in its primitive state, and, except as provided in subsection (c), 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, nor shall any road or causeway connecting Cumberland Island to the mainland be constructed.

(c)Notwithstanding subsection (b), the Secretary may enter into not more than 3 concession contracts, as the Secretary determines appropriate, for the provision of tours for visitors to the seashore that are consistent with—

(1)sections 459i to 459i–9 of this title;

(2)the Wilderness Act (16 U.S.C. 1131 et seq.); and

(3)Public Law 97–250 (96 Stat. 709).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), 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 Wilderness Act, referred to in subsec. (c)(2), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1131 of this title and Tables. Public Law 97–250, referred to in subsec. (c)(3), is Pub. L. 97–250, Sept. 8, 1982, 96 Stat. 709, which enacted section 122a of this title, amended section 121 of this title, and enacted provisions set out as a note under section 121 of this title and listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables.

Amendments

2016—Subsec. (b). Pub. L. 114–289 substituted “physiographic conditions now prevailing” for “physiographic conditions not prevailing”. 2004—Subsec. (b). Pub. L. 108–447, § 145(b)(1), inserted “, except as provided in subsection (c),” before “no development of the project”. Subsec. (c). Pub. L. 108–447, § 145(b)(2), added subsec. (c).

§459i–5 Administration, protection, and development