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Title 16, ConservationRelease 119-73not60

§459a–2 Preservation of Natural Features; Acquisition of Additional Property; Reversion of Property on Failure of Conditions

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXIII— NATIONAL SEASHORE RECREATIONAL AREAS › § 459a–2

Last updated Apr 5, 2026|Official source

Summary

Most of the area must be kept as a primitive wilderness. Parts that are especially good for recreation—like swimming, boating, sailing, fishing, and similar activities—can be developed as needed. No visitor facilities may be built if they would harm the unique plants, animals, or landscape now there. The Secretary of the Interior may take at least 10,000 acres for the National Park Service, including the existing Cape Hatteras State Park, and more land if North Carolina agrees. If all the lands described in section 459 are not given to the United States within fifteen years from August 17, 1937, the Secretary may abandon creating the national seashore. If abandoned, lands the State gave back to the State, and lands donated by others go back to those donors or their heirs. The Secretary will sign and record deeds or notices to show the abandonment so no other proof is needed.

Full Legal Text

Title 16, §459a–2

Conservation, Source: USLM XML via OLRC

Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, which shall be developed for such uses as needed, the said area shall be permanently reserved as a primitive wilderness and 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 in this area: Provided, That the Secretary of the Interior may, in his discretion, accept for administration, protection, and development by the National Park Service a minimum of ten thousand acres within the area described in section 459 of this title, including the existing Cape Hatteras State Park, and, in addition, any other portions of the area described in section 459 of this title if the State of North Carolina shall agree that if all the lands described in section 459 of this title shall not have been conveyed to the United States within fifteen years from August 17, 1937, the establishment of the aforesaid national seashore recreational area may, in the discretion of the said Secretary, be abandoned, and that, in the event of such abandonment, the said State will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore recreational area. The lands donated to the United States for the purposes of sections 459 to 459a–3 of this title by parties other than said State shall revert in the event of the aforesaid abandonment to the donors, or their heirs, or other persons entitled thereto by law. In the event of said abandonment, the Secretary of the Interior shall execute any suitable quitclaim deeds, or other writings entitled to record in the proper counties of North Carolina stating the fact of abandonment, whereupon title shall revert to those entitled thereto by law and no further conveyance or proof of reversion of title shall be required.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1946—Act Mar. 6, 1946, substituted “fifteen years” for “ten years” before “from August 17, 1937”.

Statutory Notes and Related Subsidiaries

Change of Name

Words “national seashore recreational area” substituted in text for “national seashore” pursuant to act June 29, 1940.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

16 U.S.C. § 459a–2

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60