16 USC 460 - Authorization of appropriations; limitation; adjustments

Collapse to view only § 460cc-4. Authorization of appropriations; limitation; adjustments

§ 460cc. Establishment
§ 460cc-1. Acquisition of property
§ 460cc-2. Administration
§ 460cc-3. Gateway National Recreation Area Advisory Commission
§ 460cc-4. Authorization of appropriations; limitation; adjustments

§ 460cc. Establishment

In order to preserve and protect for the use and enjoyment of present and future generations an area possessing outstanding natural and recreational features, the Gateway National Recreation Area (hereinafter referred to as the “recreation area”) is hereby established.

(a) Composition and boundaries

The recreation area shall comprise the following lands, waters, marshes, and submerged lands in the New York Harbor area generally depicted on the map entitled “Boundary Map, Gateway National Recreation Area,” numbered 951–40017 sheets 1 through 3 and dated May, 1972:

(1) Jamaica Bay Unit—including all islands, marshes, hassocks, submerged lands, and waters in Jamaica Bay, Floyd Bennett Field, the lands generally located between highway route 27A and Jamaica Bay, and the area of Jamaica Bay up to the shoreline of John F. Kennedy International Airport;

(2) Breezy Point Unit—the entire area between the eastern boundary of Jacob Riis Park and the westernmost point of the peninsula;

(3) Sandy Hook Unit—the entire area between Highway 36 Bridge and the northernmost point of the peninsula;

(4) Staten Island Unit—including Great Kills Park, World War Veterans Park at Miller Field (except for approximately 26 acres which are to be made available for public school purposes), Fort Wadsworth, and the waterfront lands located between the streets designated as Cedar Grove Avenue, Seaside Boulevard, and Drury Avenue and the bay from Great Kills to Fort Wadsworth;

(5) Hoffman and Swinburne Islands; and

(6) All submerged lands, islands, and waters within one-fourth of a mile of the mean low water line of any waterfront area included above.

(b) Boundary revisions: notification of Congressional committees; publication in Federal Register

(Pub. L. 92–592, §§ 1, 3(b)(2), Oct. 27, 1972, 86 Stat. 1308; Pub. L. 103–437, § 6(n)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 106–132, § 1(2), Dec. 7, 1999, 113 Stat. 1681.)

§ 460cc–1. Acquisition of property

(a) Authority of Secretary; donation of State lands

(b) Transfer from Federal agency to administrative jurisdiction of Secretary

(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

(Pub. L. 92–592, § 2, Oct. 27, 1972, 86 Stat. 1308.)

§ 460cc–2. Administration

(a) Provisions applicable; utilization of authorities for conservation and management of wildlife and natural resources; Jamaica Bay Unit

(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”.

(d) Water resource developments

(e) Airway facilities; maintenance, operation, and installation; Jamaica Bay and Floyd Bennett Field restrictions

(f) Hunting, fishing, and trapping

(g) Sandy Hook and Staten Island Units; programs for preservation, restoration, interpretation, and utilization of sites and structures

(h) Donations for services and facilities; acceptance

(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

(j)2

2 So in original. There are two subsecs. (j).

Authority to grant easements and rights-of-way

(1) In general

(2) Charges and reimbursement of costs

(j)2 Authority to grant easements and rights-of-way permit

(1) In general

(2) Charges and reimbursements of costs

(Pub. L. 92–592, § 3, Oct. 27, 1972, 86 Stat. 1309; Pub. L. 96–344, § 11(1), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97–232, § 1, Aug. 9, 1982, 96 Stat. 259; Pub. L. 106–132, § 1, Dec. 7, 1999, 113 Stat. 1681; Pub. L. 116–9, title II, § 2405, Mar. 12, 2019, 133 Stat. 748; Pub. L. 117–328, div. G, title IV, § 444, Dec. 29, 2022, 136 Stat. 4833.)

§ 460cc–3. Gateway National Recreation Area Advisory Commission

(a) Establishment; termination date

(b) Membership; appointment; terms of office; representation of interests

The Commission shall be composed of fifteen members each appointed for a term of two years by the Secretary as follows:

(1) two members to be appointed from recommendations made by the Governor of the State of New York;

(2) two members to be appointed from recommendations made by the Governor of the State of New Jersey;

(3) two members to be appointed from recommendations made by the mayor of New York City;

(4) two members to be appointed from recommendations made by the mayor of Newark, New Jersey; and

(5) seven members to be appointed by the Secretary to represent the general public.

(d) Compensation and expenses; vouchers

(e) Voting

(f) Consultations of Secretary with members

(Pub. L. 92–592, § 4, Oct. 27, 1972, 86 Stat. 1310; Pub. L. 96–344, § 11(2), Sept. 8, 1980, 94 Stat. 1136; Pub. L. 97–232, § 2, Aug. 9, 1982, 96 Stat. 259.)

§ 460cc–4. Authorization of appropriations; limitation; adjustments

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter, but not more than $12,125,000 for the acquisition of lands and interests in lands and not more than $92,813,000 (July, 1971 prices) for development of the recreation area, plus or minus

(Pub. L. 92–592, § 5, Oct. 27, 1972, 86 Stat. 1311.)