PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior can get land and water inside the seashore by gift, by buying with donated or government money, by swapping, or by transfer. Land owned by the State of Florida or its local governments can only be accepted as a gift. The Secretary has the only authority to develop those donated State lands. Federally owned property inside the seashore can be moved into the Secretary’s control without payment if the agency that has it agrees, and the Secretary may manage it in ways that fit the seashore’s purposes. When the National Aeronautics and Space Administration (NASA) gives land to the Secretary, the Secretary must sign a written cooperative agreement with NASA to make sure the land is used safely and meets space and defense needs. No new building is allowed except what the Secretary finds necessary for visitor health and safety or for running the seashore. After January 3, 1975, the Secretary, working with the NASA Administrator, must send a report of all NASA land transfers to the Committees on Natural Resources and on Science, Space, and Technology of the House of Representatives and to the Committees on Energy and Natural Resources and on Commerce, Science, and Transportation of the Senate.

Title 16, §459j–1

Conservation, Source: USLM XML via OLRC

Within the boundaries of the seashore, the Secretary may acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any property owned by the State of Florida or any political subdivision thereof may be acquired only by donation. It is the intent and purpose of sections 459j to 459j–8 of this title that the Secretary shall have sole authority to develop and improve those State owned lands donated now and in the future in accordance with the intent and purposes of sections 459j to 459j–8 of this title. Notwithstanding any other provision of law, any federally owned property within the boundaries of the seashore may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary of the Interior and he may develop and administer such lands in a manner consistent with the purposes of sections 459j to 459j–8 of this title. In accepting lands transferred by the National Aeronautics and Space Administration pursuant to sections 459j to 459j–8 of this title the Secretary shall enter into a written cooperative agreement with the Administrator to assure the use of such lands in a manner which is deemed consistent with the public safety and with the needs of the space and defense programs of the Nation: Provided, That no new construction or development shall be permitted within the seashore, except for the construction of such facilities as the Secretary deems necessary for the health and safety of the visiting public or for the proper administration of the seashore: Provided further, That after January 3, 1975, the Secretary of the Interior, in cooperation with the Administrator of the National Aeronautics and Space Administration, shall submit to the Committees on Natural Resources and on Science, Space, and Technology of the House of Representatives and to the Committees on Energy and Natural Resources and on Commerce, Science, and Transportation of the Senate a report of all land transfers made by the National Aeronautics and Space Administration to the Department of the Interior under sections 459j to 459j–8 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Pub. L. 103–437 substituted “Natural Resources and on Science, Space, and Technology of the House of Representatives and to the Committees on Energy and Natural Resources and on Commerce, Science, and Transportation of the Senate” for “Interior and Insular Affairs of the Congress and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate”.

Statutory Notes and Related Subsidiaries

Additions to Seashore Pub. L. 100–564, §§ 1, 3, Oct. 31, 1988, 102 Stat. 2831, authorized and directed the Secretary of the Interior to acquire certain lands depicted on a map entitled “Additions to Canaveral National Seashore”, required the Secretary to file the map with certain Congressional committees, and authorized appropriations necessary to carry out such acquisitions.

§459j–1 Acquisition of Property; Donation and Development of State Lands; Transfer From Federal Agency to Administrative Jurisdiction of Secretary; Written Cooperative Agreement with National Aeronautics and Space Administration; Construction and Development; Report to Congressional Committees