§ 459a-2. — Preservation of natural features; acquisition of additional property; reversion of property on failure of conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459a-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459a-2. Preservation of natural features; acquisition of
additional property; reversion of property on failure of
conditions
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.
(Aug. 17, 1937, ch. 687, Sec. 4, 50 Stat. 670; June 29, 1940, ch. 459,
Sec. 1, 54 Stat. 702; Mar. 6, 1946, ch. 50, 60 Stat. 32.)
Amendments
1946--Act Mar. 6, 1946, substituted ``fifteen years'' for ``ten
years'' before ``from August 17, 1937''.
Change of Name
Words ``national seashore recreational area'' substituted in text
for ``national seashore'' pursuant to act June 29, 1940.
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,
Secs. 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.
Section Referred to in Other Sections
This section is referred to in sections 459a-1, 459a-3, 459a-5a of
this title.
