§ 459j-4. — Administration, protection, and development.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459j-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459j-4. Administration, protection, and development
(a) Conservation and management of natural resources
The seashore shall be administered, protected, and developed in
accordance with the provisions of sections 1 and 2 to 4 of this title,
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) Administration of lands in Merritt Island National Wildlife Refuge
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) Division of management authority between National Park Service and
United States Fish and Wildlife Service
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.
(Pub. L. 93-626, Sec. 5, Jan. 3, 1975, 88 Stat. 2123.)
References in Text
The National Wildlife Refuge System Administration Act, as amended,
referred to in subsec. (b), consists of sections 4 and 5 of Pub. L. 89-
669, Oct. 15, 1966, 80 Stat. 927, as amended, and is classified to
sections 668dd, 668ee of this title. For further details, see Short
Title note set out under section 668dd of this title.
Clothing-Optional Areas Prohibited
Pub. L. 107-63, title III, Sec. 313, Nov. 5, 2001, 115 Stat. 467,
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. 106-291, title III, Sec. 316, Oct. 11, 2000, 114 Stat. 989.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 317], Nov.
29, 1999, 113 Stat. 1535, 1501A-192.
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 318], Oct. 21,
1998, 112 Stat. 2681-231, 2681-289.
Pub. L. 105-83, title III, Sec. 328, Nov. 14, 1997, 111 Stat. 1600.
Section Referred to in Other Sections
This section is referred to in sections 459j-1, 459j-2, 459j-5,
459j-6, 459j-8 of this title.
