mendations made by each of the boards of selectmen (2) One member to be appointed from recom- (3) Two members to be appointed from recommendations of the Governor of the Commonwealth of Massachusetts; and (4) One member to be designated by the Secretary. (c) The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) A member of the Commission shall serve without Compensation. compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this Act upon vouchers signed by the Chairman. (e) The Commission established by this section shall Duties. act and advise by affirmative vote of a majority of the members thereof. (f) The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to matters relating to the development of Cape Cod National Seashore and shall consult with the members with respect to carrying out the provisions of sections 4 and 5 of this Act. (g) No permit for the commercial or industrial use of property located within the seashore shall be issued by the Secretary, nor shall any public use area for recreational activity be established by the Secretary within the seashore, without the advice of the Commission, if such advice is submitted within a reasonable time after it is sought. 793. (h) (1) Any member of the Advisory Commission ap- Exemptions. pointed under this Act shall be exempted, with respect to such appointment, from the operation of sections 281, 62 Stat. 697, 283, 284, and 1914 of title 18 of the United States Code and section 190 of the Revised Statutes (5 U.S.C. 99) except as otherwise specified in subsection (2) of this section. (2) The exemption granted by subsection (1) of this section shall not extend— (i) to the receipt or payment of salary in connection with the appointee's Government service from any sources other than the private employer of the appointee at the time of his appointment; or (ii) during the period of such appointment, and the further period of two years after the termination thereof, to the prosecution or participation in the Appropriation. Separability. prosecution, by any person so appointed, of any claim against the Government involving any matter concerning which the appointee had any responsibility arising out of his appointment during the period of such appointment. (16 U.S.C. § 459b-7.) SEC. 9. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act; except that no more than $16,000,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of this Act. (16 U.S.C. § 459b-8.) SEC. 10. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby. (16 U.S.C. § 459b note.) 2. Cape Hatteras National Seashore Page 503 503 504 Reversionary provision extended to fifteen years from August 17, 1937.... -----Act of March 6, 1946 Addition of certain surplus Government lands effected----Act of June 3, 1948 Naval Amphibious Training Station lands added to area------.__Act of July 14, 1953 Act of August 31, 1954, relating to acquisition of non-Federal land within national parks, amended to extend Secretary's authority contained therein to Cape Hatteras-...Act of August 6, 1956 Addition of certain excess Federal property authorized--Act of July 18, 1958 Disposal of certain lands held for inclusion in the seashore, authorized___ --Act of September 26, 1961 505 Secretary authorized to participate in cost of bridge construction---. -Act of October 11, 1962 505 An Act To amend the Act of August 17, 1937, as amended, relating to the establishment of the Cape Hatteras National Seashore Recreational Area in the State of North Carolina, approved March 6, 1946 (60 Stat. 32) Seashore Recreational 504 505 50 Stat. 670; 54 Stat. 702. property. Be it enacted by the Senate and House of Represent- Cape Hatteras atives of the United States of America in Congress assembled, That the proviso in the first paragraph of section 4 of the Act approved August 17, 1937, as amended (U.S.C., 1940 edition, title 16, sec. 459a-2), relating to the establishment of the Cape Hatteras National Seashore Recreational Area in the State of North Carolina, is amended to read as follows: "Provided, That Acquisition of the Secretary of the Interior may, in his discretion, accept for administration, protection, and development by the National Park Service a minimum of ten thousand acres within the area described in section 1 of this Act, including the existing Cape Hatteras State Park, and, 50 Stat. 669. in addition, any other portions of the area described in 18 U.S.C. § 459. section 1 hereof if the State of North Carolina shall agree that if all the lands described in section 1 of this Act shall not have been conveyed to the United States within fifteen years from August 17, 1937, the establishment of the aforesaid national seashore recreational area may, in the discretion of the said Secretary, be abandoned, and that, in the event of such abandonment, the said State will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore recreational area". (16 U.S.C. § 459a-2.) An Act To provide for the addition of certain surplus Government lands to the Cape Hatteras National Seashore Recreational Area project, and for other purposes, approved June 3, 1948 (62 Stat. 301) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of surplus Federal property, Cape Hatteras National Recreational Cape Hatteras Cape Hatteras National Seashore Area. comprising eight and one-tenth acres of land situated in Dare County, North Carolina, approximately two miles north of Kitty Hawk, and designated as "Surplus Real Property No. WH-NC-29, Kitty Hawk, North Carolina," which is now subject to disposition by the War Assets Administration, is hereby transferred, without exchange of funds, to the administrative jurisdiction of the National Park Service of the Department of the Interior to be administered as a part of the Cape Hatteras National Seashore Recreational Area project, authorized by the Act of August 17, 1937, as amended (50 Stat. 669; 16 U.S.C., secs. 459-459a-3), and shall be subject to all laws applicable thereto. (16 U.S.C. § 459a-4.) An Act To provide for the addition of certain Government lands to the Cape Hatteras National Seashore Recreational Area project, and for other purposes, approved July 14, 1953 (67 Stat. 148) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby transferred to the Secretary of the Interior without reimbursement or transfer of funds, administrative jurisdiction over an area of approximately twenty-one and eight-tenths acres of federally owned land, formerly designated as the Naval Amphibious Training Station, together with any improvements thereon which may exist at the time of the transfer, situated on Ocracoke Island within the village of Ocracoke, County of Hyde, in the State of North Carolina. The property so transferred shall be administered by the Department of the Interior and shall become a part of the Cape Hatteras National Seashore Recreational Area, when established. (16 U.S.C. § 459a-5.) An Act To amend the Act of August 31, 1954 (68 Stat. 1037), relating to the acquisition of non-Federal land within the existing boundaries of any national park, and for other purposes, approved August 6, 1956 (70 Stat. 1066) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of August 31, 1954 (68 Stat. 16 U.S.C. 452a. 1037), is hereby amended to extend the authority of the Secretary of the Interior, contained therein, to the Cape Hatteras National Seashore Recreational Area. (16 U.S.C. § 459a-6.) Funds. SEC. 2. Any funds appropriated to the Department of the Interior for the acquisition of non-Federal lands within areas of the National Park System shall hereafter be available for the acquisition of non-Federal lands within the Cape Hatteras National Seashore Recreational Area, and the appropriation of funds for the 1 General Legislation, p. 5. acquisition of such lands is hereby authorized. U.S.C. § 459a-7.) (16 SEC. 3. The total amount which may be expended Limitation. for the land acquisition program at Cape Hatteras National Seashore Recreational Area, pursuant to the authorizations contained in this Act, is hereby expressly limited to $250,000. (16 U.S.C. § 459a-8.) An Act To provide for the addition of certain excess Federal property in the village of Hatteras, North Carolina, to the Cape Hatteras National Seashore Recreational Area, and for other purposes, approved July 18, 1958 (72 Stat. 398) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tracts of excess Federal lands and improvements thereon in the village of Hatteras, Dare County, North Carolina, bearing General Services Administration control numbers T-NC-442 and C-NC-444, comprising forty-three one-hundredths and one and fivetenths acres of land, respectively, the exact descriptions for which shall be determined by the Administrator of General Services, are hereby transferred, without exchange of funds, to the administrative jurisdiction of the Secretary of the Interior to be administered as a part of the Cape Hatteras National Seashore Recreational Area, authorized by the Act of August 17, 1937, as amended (50 Stat. 669; 16 U.S.C. 459-459-a-4), and shall be subject to all the laws and regulations applicable thereto. (16 U.S.C. § 459a-5a.) An Act To provide for the disposal of certain lands held for inclusion in the Cape Hatteras National Seashore Recreational Area, North Carolina, and for other purposes, approved September 26, 1961 (75 Stat. 675) Cape Hatteras National Recreational Cape Hatteras National Recreational Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the tract of Federal property compris ing eight and one-tenth acres of land situated in Dare County, North Carolina, approximately two miles north of Kitty Hawk, which was transferred to the adminis- Land disposal. trative jurisdiction of the Department of the Interior by the Act of June 3, 1948 (62 Stat. 301; 16 U.S.C. 459a-4), to be administered as a part of the Cape Hatteras National Seashore Recreational Area, may be disposed of by the Administrator of General Services in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended. 63 Stat. 377. (16 U.S.C. § 459a-4 note.) An Act To authorize the Secretary of the Interior to participate in financing the construction of a bridge at Cape Hatteras National Seashore, in the State of North Carolina, and for other purposes, approved October 11, 1962 (76 Stat. 909) 40 U.S.C. 471 note. N.C. Be it enacted by the Senate and House of Represent- Oregon Inlet, atives of the United States of America in Congress 677-347-63- -33 |