16 U.S.C. § 459i–5 | Administration, protection, and development

(a)

Applicability of provisions; utilization of statutory authorities

August 25, 191639 Stat. 535 16 U.S.C. 1 1

1 See References in Text note below.

The seashore shall be administered, protected, and developed in accordance with the provisions of the Act of (; , 2–4), as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of sections 459i to 459i–9 of this title.

(b)

Preservation in primitive state; recreational activities exception

Except for certain portions of the seashore deemed to be especially adaptable for recreational uses, particularly swimming, boating, fishing, hiking, horseback riding, and other recreational activities of similar nature, which shall be developed for such uses as needed, the seashore shall be permanently preserved in its primitive state, and, except as provided in subsection (c), 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, nor shall any road or causeway connecting Cumberland Island to the mainland be constructed.

(c)

Tours of the seashore

Notwithstanding subsection (b), the Secretary may enter into not more than 3 concession contracts, as the Secretary determines appropriate, for the provision of tours for visitors to the seashore that are consistent with—

(1)

sections 459i to 459i–9 of this title;

(2)

16 U.S.C. 1131 the Wilderness Act ( et seq.); and

(3)

Public Law 97–250 96 Stat. 709 ().

Pub. L. 92–536, § 6Oct. 23, 197286 Stat. 1068 Pub. L. 108–447, div. E, title I, § 145(b)Dec. 8, 2004118 Stat. 3073 Pub. L. 114–289, title VI, § 601(c)Dec. 16, 2016130 Stat. 1491(, , ; , , ; , , .)

Editorial Notes

References in Text

August 25, 191639 Stat. 535 16 U.S.C. 1 act Aug. 25, 1916, ch. 408 39 Stat. 535 section 100101 of Title 54 section 1865(a) of Title 18 Pub. L. 113–287Dec. 19, 2014128 Stat. 3094 section 100101 of Title 54The Act of (; , 2–4), referred to in subsec. (a), 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 Sections 1 to 4 of the Act were repealed and restated as , Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by , §§ 3,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 .

Pub. L. 88–577Sept. 3, 196478 Stat. 890 section 1131 of this titleThe Wilderness Act, referred to in subsec. (c)(2), is , , , which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Public Law 97–250 Pub. L. 97–250Sept. 8, 198296 Stat. 709 section 122a of this title section 121 of this title section 121 of this title section 1132 of this title, referred to in subsec. (c)(3), is , , , which enacted , amended , and enacted provisions set out as a note under and listed in a table of Wilderness Areas set out under . For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 114–2892016—Subsec. (b). substituted “physiographic conditions now prevailing” for “physiographic conditions not prevailing”.

Pub. L. 108–447, § 145(b)(1)2004—Subsec. (b). , inserted “, except as provided in subsection (c),” before “no development of the project”.

Pub. L. 108–447, § 145(b)(2)Subsec. (c). , added subsec. (c).