US Code

Public Law 119-102 (07/12/2026)

16 U.S.C. § 459a–1

Administration, protection, and development; commercial fishing by residents; hunting

Section text and notes

39 Stat. 535 1

1 See References in Text note below.
ProvidedProvided further16 U.S.C. 791aAnd provided furthersection 459 of this titleAnd provided further40 Stat. 755 16 U.S.C. 703The administration, protection, and development of the aforesaid national seashore recreational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of (), entitled “An Act to establish a National Park Service, and for other purposes”, as amended: , That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on , over Federal-owned lands within the area of the said Cape Hatteras National Seashore Recreational Area: , That the provisions of the Federal Power Act [ et seq.], shall not apply to this national seashore recreational area: , That the legal residents of villages referred to in shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in sections 459 to 459a–3 of this title: , That hunting shall be permitted, under such rules and regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act of () [ et seq.], as follows: (a) Upon the waters of the sounds included within the national seashore recreational area, (b) in the area north of the Currituck County line, (c) on Ocracoke Island, and (d) within not more than two thousand acres of land in the remaining portion of said national seashore recreational area, as shall be designated by the Secretary of the Interior; except on lands and waters included in any existing or future wildlife or migratory bird refuge and adjacent closed waters.

Aug. 17, 1937, ch. 687, § 3 50 Stat. 670 June 29, 1940, ch. 459 54 Stat. 702 (, ; , §§ 1, 2, .)

Editorial Notes

References in Text

39 Stat. 535 act Aug. 25, 1916, ch. 408 39 Stat. 535 section 100101 of Title 54section 1865(a) of Title 18Pub. L. 113–287128 Stat. 3094 section 100101 of Title 54The Act of (), entitled “An Act to establish a National Park Service, and for other purposes”, referred to in text, is , , known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under , National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as , Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by , §§ 3, 4(a)(1), 7, , , 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding .

section 791a of this titleact June 10, 1920, ch. 285 41 Stat. 1063 section 791a of this titleThe Federal Power Act, referred to in text, was in the original the “Act of , known as the Federal Water Power Act,” and was redesignated as the Federal Power Act by . The Federal Power Act is , , and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

act July 3, 1918, ch. 128 40 Stat. 755 section 710 of this titleThe Migratory Bird Treaty Act of , referred to in text, is , , which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Words “national seashore recreational area” substituted in text for “national seashore” pursuant to act .

Cape Hatteras National Seashore Recreational Area

Pub. L. 113–291, div. B, title XXX, § 3057128 Stat. 3813

“(a)

Definitions .—

In this section:
“(1)

Final rule .—

The term ‘Final Rule’ means the final rule entitled ‘Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management’ (77 Fed. Reg. 3123 ()).
“(2)

National seashore .—

The term ‘National Seashore’ means the Cape Hatteras National Seashore Recreational Area.
“(3)

Secretary .—

The term ‘Secretary’ means the Secretary of the Interior.
“(4)

State .—

The term ‘State’ means the State of North Carolina.
“(b)

Review and Adjustment of Wildlife Protection Buffers.—

“(1)

In general .—

Not later than 180 days after the date of enactment of this Act [], the Secretary shall review and modify wildlife buffers in the National Seashore in accordance with this subsection and any other applicable law.
“(2)

Buffer modifications .—

In modifying wildlife buffers under paragraph (1), the Secretary shall, using adaptive management practices—
“(A)
ensure that the buffers are of the shortest duration and cover the smallest area necessary to protect a species, as determined in accordance with peer-reviewed scientific data; and
“(B)
designate pedestrian and vehicle corridors around areas of the National Seashore closed because of wildlife buffers, to allow access to areas that are open.
“(3)

Coordination with state .—

16 U.S.C. 1531The Secretary, after coordinating with the State, shall determine appropriate buffer protections for species that are not listed under the Endangered Species Act of 1973 ( et seq.), but that are identified for protection under State law.
“(c)

Modifications to Final Rule .—

The Secretary shall undertake a public process to consider, consistent with management requirements at the National Seashore, the following changes to the Final Rule:
“(1)
Opening beaches at the National Seashore that are closed to night driving restrictions, by opening beach segments each morning on a rolling basis as daily management reviews are completed.
“(2)
Extending seasonal off-road vehicle routes for additional periods in the Fall and Spring if off-road vehicle use would not create resource management problems at the National Seashore.
“(3)
Modifying the size and location of vehicle-free areas.
“(d)

Construction of New Vehicle Access Points .—

The Secretary shall construct new vehicle access points and roads at the National Seashore—
“(1)
as expeditiously as practicable; and
“(2)
in accordance with applicable management plans for the National Seashore.
“(e)

Report .—

The Secretary shall report to Congress within 1 year after the date of enactment of this Act [] on measures taken to implement this section.”
, , , provided that:

Executive Documents

Transfer of Functions

64 Stat. 1262 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, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.