Page:United States Statutes at Large Volume 50 Part 1.djvu/695

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670 Administration, etc ., by National Park Service . 39 Stat. 535. 16U.S.C.°1. Provisos . Jurisdiction of other agencies not divested . Federal Water Pow- er Act not app licable . 41 Stat . 1063 . 16U.S.C.°791. Rights of village residents . Permanent reser- vation as a wilderness . Proviso. Minimum area . Reversionary provi- sion . Migato ry bir d re- fuge continued . 7 5TH CONGRESS, 1sT SESSION--CH. 687-AUGUST 17, 11 937 SEC . 3 . The administration, protection, and development of the aforesaid national seashore shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat . 535), entitled "An Act to establish a National Park Service, and for other purposes", as amended : P rov ide d, Tha t except as h ereinafter pr o- vided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government now exercised over Federal- owned lands within the area of the said Cape Hatteras National Seashore : Provided further, That the provisions of the Act of June 10, 192 0, known as t he "Federal Wa ter Power Act ", shall not a pply to this national seashore : And pr ovided furth er, That the legal residents of villages referred to in section 1 of this Act shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and reg ulations as t he said Secret ary may deem necessary in o rder to protect the area for recreational use as provided for in this Act . SEc . 4 . Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, which shall be developed for such uses as needed, the said area shall be permanently reserved as a primitive wilderness and no devel- opment 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 in this area : Provided, That 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 ar ea desc ribed in sect ion 1 o f this Act, i ncludin g the existin g Cape Hatteras State Park, and, in addition, any other portions of the area descri bed in sectio n 1 her eof if the St ate of North C arolin a shall agree that if all the lands described in section 1 of this Act shall not have been conveyed to the United States within ten years from the passage of this Act, the establishment of the aforesaid national seashore 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 . The lands donated to the United States for the purposes of this Act by parties other than said State shall revert in the event of the aforesaid abandonment to the donors, or their heirs, or other persons entitled thereto by law . In the event of said abandonm ent, the Secre tary of the I nterior shall execute any suitable quitclaim deeds, or other writings entitled to record in the proper counties of North Carolina stating the fact of abandonment, whereupon title shall revert to those entitled thereto by law and no further conveyance or proof of reversion of title shall be required . SEc. 5. Notwithstanding any other provisions of this Act, lands and waters now or hereafter included in any migratory bird refuge under the jurisdiction of the Secretary of Agriculture, within the bound- aries of the national seashore as designated by the Secretary of the Interior under section 1 hereof, shall continue as such refuge under the jurisdiction of the Secretary of Agriculture for the protection of migratory birds, but such lands and waters shall be a part of the aforesaid national seashore and shall be administered by the National Park Service for recreational uses not inconsistent with the purposes of such refuge under such rules and regulations as the Secretaries of