§ 460cc-2. — Administration.
[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-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVII--GATEWAY NATIONAL RECREATION AREA
Sec. 460cc-2. Administration
(a) Provisions applicable; utilization of authorities for conservation
and management of wildlife and natural resources; Jamaica Bay
Unit
The Secretary shall administer the recreation area in accordance
with the provisions of sections 1, 2, 3, and 4 of this title, as amended
and supplemented. In the administration of the recreation area the
Secretary may utilize such statutory authority available to him for the
conservation and management of wildlife and natural resources as he
deems appropriate to carry out the purposes of this subchapter:
Provided, That the Secretary shall administer and protect the islands
and waters within the Jamaica Bay Unit with the primary aim of
conserving the natural resources, fish, and wildlife located therein and
shall permit no development or use of this area which is incompatible
with this purpose.
(b) William Fitts Ryan Visitor Center; designation
(1) The Secretary shall designate the principal visitor center
within the recreation area as the ``William Fitts Ryan Visitor Center''
in commemoration of the leadership and contributions which
Representative William Fitts Ryan made with respect to the creation and
establishment of this public recreation area. To inform the public of
the contributions of Representative Ryan to the creation of the
recreation area, the Secretary shall provide such signs, markers, maps,
interpretive materials, literature, and programs as he deems
appropriate. Not later than December 31, 1980, the Secretary shall take
such additional actions as he deems appropriate to recognize and
commemorate the contributions of Representative Ryan to the recreation
area.
(2) The portion of the Staten Island Unit of the recreation area
known as Miller Field is hereby designated as ``World War Veterans Park
at Miller Field''. Any reference to such Miller Field in any law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to ``World War Veterans Park at
Miller Field''.
(c) Federal-State cooperative agreements for police and fire protection
The Secretary is authorized to enter into cooperative agreements
with the States of New York and New Jersey, or any political subdivision
thereof, for the rendering, on a reimbursable basis, of rescue,
firefighting, and law enforcement services and cooperative assistance by
nearby law enforcement and fire preventive agencies.
(d) Water resource developments
The authority of the Secretary of the Army to undertake or
contribute to water resource developments, including shore erosion
control, beach protection, and navigation improvements (including the
deepening of the shipping channel from the Atlantic Ocean to the New
York harbor) on land and/or waters within the recreation area shall be
exercised in accordance with plans which are mutually acceptable to the
Secretary of the Interior and the Secretary of the Army and which are
consistent with both the purpose of this subchapter and the purpose of
existing statutes dealing with water and related land resource
development.
(e) Airway facilities; maintenance, operation, and installation; Jamaica
Bay and Floyd Bennett Field restrictions
The authority of the Secretary of Transportation to maintain and
operate existing airway facilities and to install necessary new
facilities within the recreation area shall be exercised in accordance
with plans which are mutually acceptable to the Secretary of the
Interior and the Secretary of Transportation and which are consistent
with both the purpose of this subchapter and the purpose of existing
statutes dealing with the establishment, maintenance, and operation of
airway facilities: Provided, That nothing in this section shall
authorize the expansion of airport runways into Jamaica Bay or air
facilities at Floyd Bennett Field.
(f) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, shellfishing, trapping,
and the taking of specimens on the lands and waters under his
jurisdiction within the Gateway National Recreation Area in accordance
with the applicable laws of the United States and the laws of the States
of New York and New Jersey and political subdivisions thereof, except
that the Secretary may designate zones where and establish periods when
these activities may not be permitted, for reasons of public safety,
administration, fish or wildlife management, or public use and
enjoyment.
(g) Sandy Hook and Staten Island Units; programs for preservation,
restoration, interpretation, and utilization of sites and
structures
In the Sandy Hook and Staten Island Units, the Secretary shall
inventory and evaluate all sites and structures having present and
potential historical, cultural, or architectural significance and shall
provide for appropriate programs for the preservation, restoration,
interpretation, and utilization of them.
(h) Donations for services and facilities; acceptance
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds from individuals, foundations,
or corporations for the purpose of providing services and facilities
which he deems consistent with the purposes of this subchapter.
(i) Rights to solid waste byproducts of Fountain Avenue Landfill;
conveyance from United States to city of New York; rights-of-way
and permits; conditions; payments to United States for
development and improvement of Gateway National Recreation Area
Notwithstanding the provisions of subsection (a) of this section,
the United States hereby conveys to the city of New York all rights to
the methane gas and associated byproducts resulting from solid waste
decomposition on the area within the Jamaica Bay Unit known as the
Fountain Avenue Landfill site, subject to payments to the United States
of 50 per centum of the revenue received by the city of New York, if
any, from the development of such rights. The Secretary shall grant to
the City, its lessee or assignee, all rights-of-way and other permits
necessary from the Department of the Interior to extract and transport
the gas from the site: Provided, That the rights-of-way and other
permits shall provide for reasonable restoration of the site, including
removal of any processing or storage facilities used in the disposal,
development, or extraction of the gas, access by the Secretary to the
site for safety and other recreation area purposes, and such other
reasonable conditions as the Secretary deems necessary to further
purposes of the recreation area. All such payments to the United States
shall be credited to the appropriations of the National Park Service for
the development and improvement of Gateway National Recreation Area.
(Pub. L. 92-592, Sec. 3, Oct. 27, 1972, 86 Stat. 1309; Pub. L. 96-344,
Sec. 11(1), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97-232, Sec. 1, Aug.
9, 1982, 96 Stat. 259; Pub. L. 106-132, Sec. 1, Dec. 7, 1999, 113 Stat.
1681.)
Amendments
1999--Subsec. (b). Pub. L. 106-132 designated existing provisions as
par. (1) and added par. (2).
1982--Subsec. (i). Pub. L. 97-232 added subsec. (i).
1980--Subsec. (b). Pub. L. 96-344 struck out ``constructed'' after
``visitor center'' and inserted provision authorizing the Secretary to
inform the public of the contributions of Representative Ryan to the
creation of the recreation area by means of signs, markers, etc., and to
take such additional action, not later than Dec. 31, 1980, as deemed
appropriate to recognize and commemorate the contributions of
Representative Ryan to the recreation area.
