§ 50-A — Fire Island National Seashore

New York § 50-A

• Jurisdiction: New York
• Law STL: State
• Art. 4: Purchase and Acquisition of Land By the United States

Text

§ 50-a. Fire Island National Seashore. 1. To assist the conservation\nand preservation of the natural features of Fire Island and environs and\nto authorize the acquisition by the United States of America of lands\nnecessary for the establishment by the Secretary of the Interior\npursuant to public law 88-587 (78 Stat. 928) of Fire Island National\nSeashore in the county of Suffolk, state of New York, the consent of the\nstate of New York is hereby given to the United States of America, to\nacquire by purchase, exchange, donation, condemnation or otherwise any\ntract, piece or parcel of land (including lands under water which\ninclude all lands seaward of the mean high water line), within the\nboundaries of the Fire Island National Seashore as delineated on\nboundary map OGP-0003 entitled "Map of Fire Island National Seashore\nincluding the William Floyd Estate" (on file with the Federal Register\nand in the office of the Department of Interior of the United States),\nfrom the state of New York, the county of Suffolk, any city, town or\nvillage within said county and from any individual or individuals or\nbodies politic or corporate.\n 2. The commissioner of general services may authorize the use and\noccupation by the United States of America of lands of the state under\nwater, said lands including all lands seaward of the mean high water\nline within the boundaries of the Fire Island National Seashore as\ndelineated on boundary map OGP--0003 entitled "Map of Fire Island\nNational Seashore including the William Floyd Estate". The instrument by\nwhich the authority to use and occupy said lands may be given by the\ncommissioner of general services to the United States of America shall\nalso include a cession of jurisdiction over the lands therein described;\nand such cession of jurisdiction shall be upon the express condition\nthat the state of New York shall retain jurisdiction over said lands so\nfar as that all civil and criminal process which may issue under the\nlaws or authority of the state of New York may be executed thereon in\nthe same way and manner as if such jurisdiction had not been ceded to\nthe United States of America. Such instrument, by which the commissioner\nof general services may authorize the use and occupation by the United\nStates of America of said lands and the cession of jurisdiction\nthereover, shall be subject to any and all rights of any person or body\npolitic or corporate acquired by prior grant or held by reason of the\nownership of any uplands adjacent to any part of the lands under water\nherein referred to.\n 3. The commissioner of general services, after the United States of\nAmerica has become the owner of any waterfront property within the\nboundaries of the Fire Island National Seashore referred to above, is\nhereby authorized to execute and deliver to the Secretary of the\nInterior of the United States of America with or without consideration,\nappropriate instruments of conveyance quitclaiming to the United States\nof America all of the right, title and interest, if any, of the state of\nNew York in and to all of the lands under water as above defined,\nsituate within the boundaries of said Fire Island National Seashore. Any\nsuch instrument of conveyance shall include a cession of jurisdiction in\nconfirmation of the cession of jurisdiction provided for in subdivision\ntwo of this section and in form similar thereto.\n 4. Any conveyance of lands to the United States of America by the\ncounty of Suffolk, or any city, town or village or bodies politic or\ncorporate may be made at private sale and with or without consideration\nnotwithstanding any inconsistent provision of any law, general or\nspecial, or any charter. Upon the conveyance to the United States of\nAmerica by the county of Suffolk, or by any city, town or village or\nbody politic or corporate or by any private grantor of any lands within\nthe boundaries of said Fire Island National Seashore the commissioner of\ngeneral services is also authorized to cede to the United States of\nAmerica jurisdiction thereover expressly retaining jurisdiction of the\nstate of New York over said lands so far as that all civil and criminal\nprocess, which may issue under the laws or authority of the state of New\nYork, may be executed thereon in the same way and manner as if such\njurisdiction had not been ceded to the United States of America.\n 5. Each conveyance of lands or the use and occupation of lands to the\nUnited States of America made pursuant to the provisions of this section\nshall further expressly provide that at such time as the United States\nof America shall cease to use the lands for said Fire Island National\nSeashore such jurisdiction as may have been ceded by the state of New\nYork to the United States of America for the purposes of said Fire\nIsland National Seashore pursuant to this section shall cease, determine\nand become void; and all of the right, title and interest of the United\nStates of America\n (a) with respect to such lands granted to the United States of America\nby the state of New York shall revert to and vest in the state of New\nYork;\n (b) with respect to lands granted to the United States of America by\nany city, town or village or body politic or corporate, shall revert to\nsuch city, town or village or body politic or corporate.\n