
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460cc-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
          SUBCHAPTER LXXXVII--GATEWAY NATIONAL RECREATION AREA
 
Sec. 460cc-1. Acquisition of property


(a) Authority of Secretary; donation of State lands

    Within the boundaries of the recreation area, the Secretary may 
acquire lands and waters or interests therein by donation, purchase or 
exchange, except that lands owned by the States of New York or New 
Jersey or any political subdivisions thereof may be acquired only by 
donation.

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

    With the concurrence of the agency having custody thereof, any 
Federal property within the boundaries of the recreation area may be 
transferred, without consideration, to the administrative jurisdiction 
of the Secretary for administration as a part of the recreation area.

(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

    Within the Jamaica Bay Unit, (1) the Secretary may accept title to 
lands donated by the city of New York subject to a retained right to 
continue existing uses for a specifically limited period of time if such 
uses conform to plans agreed to by the Secretary, and (2) the Secretary 
may accept title to the area known as Broad Channel Community only if, 
within five years after October 27, 1972, all improvements have been 
removed from the area and a clear title to the area is tendered to the 
United States.

(Pub. L. 92-592, Sec. 2, Oct. 27, 1972, 86 Stat. 1308.)
