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

Summary

Manage the seashore under the National Park Service Act of August 25, 1916. The Secretary of the Interior can also use other conservation laws when they help the goals of sections 459j to 459j–8. Parts of the seashore that lie inside the Merritt Island National Wildlife Refuge must be run by the U.S. Fish and Wildlife Service under the National Wildlife Refuge System law, but the Secretary may still use extra authority for wildlife protection, outdoor recreation, and education if it keeps natural and wildlife values safe. The Secretary must make a clear split of management between the National Park Service (NPS) and the Fish and Wildlife Service (FWS). Generally, NPS will manage a specific coastal area that runs from State Highway 3 and State Road 402 east to about one-half mile offshore and then follows the seashore boundary around to Bethune Beach and back inland along canals and waterways to Highway 3. Land north of the H. M. Gomez Grant is given to the Interior Department for administration and for the main visitor center, named the Spessard L. Holland Visitor Center, which NASA can ask to close during space operations. NPS must keep shoreline areas natural, ban beach vehicles except for work, and build only essential health and safety facilities. FWS will manage the other lands described in section 459j.

Title 16, §459j–4

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 management of natural resources may be utilized to the extent he finds such authority will further the purposes of sections 459j to 459j–8 of this title.

(b)Notwithstanding any other provisions of sections 459j to 459j–8 of this title, lands and waters in the Merritt Island National Wildlife Refuge as described in subsection (c)(2) of this section which are part of the seashore shall be administered for refuge purposes through the United States Fish and Wildlife Service pursuant to the National Wildlife Refuge System Administration Act, as amended (80 Stat. 926; 16 U.S.C. 668dd–668ee), except that the Secretary may utilize such additional authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate, consistent with the preservation of natural and wildlife values.

(c)The Secretary shall cause to be issued a well defined division of management authority between the National Park Service and the United States Fish and Wildlife Service. It is the intent and purpose of sections 459j to 459j–8 of this title that such management authority, generally, shall be as follows:

(1)The National Park Service shall administer those lands and waters described as follows: beginning at the intersection of State Highway 3 and State Road 402; thence easterly along State Road 402 and continuing easterly in a straight line to a point one-half mile offshore in the Atlantic Ocean, following the southern boundary of the seashore created in section 1; thence northwesterly along the boundary of the seashore created in section 1, which line is at each point one-half mile distance from the high water mark, to Bethune Beach; thence inland in a generally, westerly direction through Turner Flats and Shipyard Canal; thence northwesterly to the Intracoastal Waterway; thence southerly along the Intracoastal Waterway to the boundary of the Kennedy Space Center; then southwesterly to United States Highway 1; thence southerly along State Highway 3 to the northern boundary of H. M. Gomez Grant; thence easterly along the northern boundary of H. M. Gomez Grant and continuing easterly in a straight line to a point of intersection with the line between the marsh and the dunes; thence southerly along the line between the marsh and the dunes to a point approximately one-half mile north of the southern boundary of the seashore created in section 1; thence westerly in a straight line to connect with and to follow the Government Railroad to its intersection with State Highway 3; thence southerly along State Highway 3 to the point of beginning. The portion of land bounded by the northern boundary of the H. M. Gomez Grant is hereby transferred to the Secretary of the Interior and may be used for the purpose of establishing such facilities as are needed for the administration of the seashore, for the construction of the principal visitor center which shall be designated as the “Spessard L. Holland Visitor Center”, and for a central access to the seashore: Provided, however, That the Secretary of the Interior, upon the request of the Administrator of the National Aeronautics and Space Administration, shall close this area or any part thereof to the public when necessary for space operations. In administering the shoreline and adjacent lands the Secretary shall retain such lands in their natural and primitive condition, shall prohibit vehicular traffic on the beach except for administrative purposes, and shall develop only those facilities which he deems essential for public health and safety.

(2)The United States Fish and Wildlife Service shall administer the remaining lands described in section 459j of this title.

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 National Wildlife Refuge System Administration Act, referred to in subsec. (b), consists of section 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, and is classified to section 668dd, 668ee of this title. For further details, see

Short Title

note set out under section 668dd of this title.

Statutory Notes and Related Subsidiaries

Clothing-Optional Areas Prohibited Pub. L. 108–108, title I, § 126, Nov. 10, 2003, 117 Stat. 1269, provided that: “None of the funds made available in this or any other Act for any fiscal year may be used to designate, or to post any sign designating, any portion of Canaveral National Seashore in Brevard County, Florida, as a clothing-optional area or as an area in which public nudity is permitted, if such designation would be contrary to county ordinance.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. F, title I, § 128, Feb. 20, 2003, 117 Stat. 242. Pub. L. 107–63, title III, § 313, Nov. 5, 2001, 115 Stat. 467. Pub. L. 106–291, title III, § 316, Oct. 11, 2000, 114 Stat. 989. Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 317], Nov. 29, 1999, 113 Stat. 1535, 1501A–192. Pub. L. 105–277, div. A, § 101(e) [title III, § 318], Oct. 21, 1998, 112 Stat. 2681–231, 2681–289. Pub. L. 105–83, title III, § 328, Nov. 14, 1997, 111 Stat. 1600.

§459j–4 Administration, protection, and development