republic-os/legal/us/code/title-16/chapter-1/section-459i-5.md

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LegalText	16 U.S.C. § 459i–5	Administration, protection, and development	us	united_states_code	code_section	16	CONSERVATION	1	NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES	459i–5	16 U.S.C. § 459i–5	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip	/us/usc/t16/s459i–5	data/legal/raw/us/code/title-16/usc16.xml	97b45fb58a472d41e8d111600659a0cb66f87bf7263accdcc271f061e20dbeff	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	6194830b53031480147da1a19828783fd97099c5823efab04757520cfaca5b5c	2026-07-04	official	legal us-code

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

Text

(a) Applicability of provisions; utilization of statutory authorities The seashore shall be administered, protected, and developed in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),11 See References in Text note below. 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) the Wilderness Act (16 U.S.C. 1131 et seq.); and

(3) Public Law 97–250 (96 Stat. 709).

(Pub. L. 92–536, § 6, Oct. 23, 1972, 86 Stat. 1068; Pub. L. 108–447, div. E, title I, § 145(b), Dec. 8, 2004, 118 Stat. 3073; Pub. L. 114–289, title VI, § 601(c), Dec. 16, 2016, 130 Stat. 1491.)

Notes

Editorial Notes

References in TextThe Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, 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 section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 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 100101 of Title 54. The Wilderness Act, referred to in subsec. (c)(2), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, 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 section 1131 of this title and Tables. Public Law 97–250, referred to in subsec. (c)(3), is Pub. L. 97–250, Sept. 8, 1982, 96 Stat. 709, which enacted section 122a of this title, amended section 121 of this title, and enacted provisions set out as a note under section 121 of this title and listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables.

Amendments2016—Subsec. (b). Pub. L. 114–289 substituted “physiographic conditions now prevailing” for “physiographic conditions not prevailing”. 2004—Subsec. (b). Pub. L. 108–447, § 145(b)(1), inserted “, except as provided in subsection (c),” before “no development of the project”. Subsec. (c). Pub. L. 108–447, § 145(b)(2), added subsec. (c).