§ 460cc-1. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460cc-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII--GATEWAY NATIONAL RECREATION AREA
Sec. 460cc-1. Acquisition of property
(a) Authority of Secretary; donation of State lands
Within the boundaries of the recreation area, the Secretary may
acquire lands and waters or interests therein by donation, purchase or
exchange, except that lands owned by the States of New York or New
Jersey or any political subdivisions thereof may be acquired only by
donation.
(b) Transfer from Federal agency to administrative jurisdiction of
Secretary
With the concurrence of the agency having custody thereof, any
Federal property within the boundaries of the recreation area may be
transferred, without consideration, to the administrative jurisdiction
of the Secretary for administration as a part of the recreation area.
(c) Breezy Point Unit; public use and access; agreement for use of lands
for single-family residential community; specific provisions;
Rockaway parking lot conveyance
Within the Breezy Point Unit, (1) the Secretary shall acquire an
adequate interest in the area depicted on the map referred to in section
460cc of this title to assure the public use of and access to the entire
beach. The Secretary may enter into an agreement with any property owner
or owners to assure the continued maintenance and use of all remaining
lands in private ownership as a residential community composed of
single-family dwellings. Any such agreement shall be irrevocable, unless
terminated by mutual agreement, and shall specify, among other things:
(A) that the Secretary may designate, establish and maintain a
buffer zone on Federal lands separating the public use area and the
private community;
(B) that all construction commencing within the community,
including the conversion of dwellings from seasonal to year-round
residences, shall comply with standards to be established by the
Secretary;
(C) that additional commercial establishments shall be permitted
only with the express prior approval of the Secretary or his
designee.
(2) If a valid, enforceable agreement is executed pursuant to
paragraph (1) of this subsection, the authority of the Secretary to
acquire any interest in the property subject to the agreement, except
for the beach property, shall be suspended.
(3) The Secretary is authorized to accept by donation from the city
of New York any right, title, or interest which it holds in the parking
lot at Rockaway which is part of the Marine Bridge project at Riis Park.
Nothing herein shall be deemed to authorize the United States to
extinguish any present or future encumbrance or to authorize the State
of New York or any political subdivision or agency thereof to further
encumber any interest in the property so conveyed.
(d) Jamaica Bay Unit; Broad Channel Community; title acceptance
conditions
Within the Jamaica Bay Unit, (1) the Secretary may accept title to
lands donated by the city of New York subject to a retained right to
continue existing uses for a specifically limited period of time if such
uses conform to plans agreed to by the Secretary, and (2) the Secretary
may accept title to the area known as Broad Channel Community only if,
within five years after October 27, 1972, all improvements have been
removed from the area and a clear title to the area is tendered to the
United States.
(Pub. L. 92-592, Sec. 2, Oct. 27, 1972, 86 Stat. 1308.)
