16 U.S.C. § 459e

Fire Island National Seashore

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(a) Purposes; authorization for establishment

For the purpose of conserving and preserving for the use of future generations certain relatively unspoiled and undeveloped beaches, dunes, and other natural features within Suffolk County, New York, which possess high values to the Nation as examples of unspoiled areas of great natural beauty in close proximity to large concentrations of urban population, the Secretary of the Interior is authorized to establish an area to be known as the “Fire Island National Seashore”.

(b) Boundaries

The boundaries of the national seashore shall extend from the easterly boundary of the main unit of Robert Moses State Park eastward to Moriches Inlet and shall include not only Fire Island proper, but also such islands and marshlands in the Great South Bay, Bellport Bay, and Moriches Bay adjacent to Fire Island as Sexton Island, West Island, Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and Reeves Island and such other small and adjacent islands, marshlands, and wetlands as would lend themselves to contiguity and reasonable administration within the national seashore and, in addition, the waters surrounding said area to distances of one thousand feet in the Atlantic Ocean and up to four thousand feet in Great South Bay and Moriches Bay and, in addition, mainland terminal and headquarters sites, not to exceed a total of twelve acres, on the Patchogue River within Suffolk County, New York, all as delineated on a map identified as “Fire Island National Seashore”, numbered OGP–0004, dated May 1978. The Secretary shall publish said map in the Federal Register, and it may also be examined in the offices of the Department of the Interior.

(Pub. L. 88–587, § 1, Sept. 11, 1964, 78 Stat. 928; Pub. L. 95–625, title III, § 322(a), Nov. 10, 1978, 92 Stat. 3488.)Editorial NotesAmendments

1978—Subsec. (b). Pub. L. 95–625 inserted “the main unit of” before “Robert Moses State Park”, included in the boundaries the mainland terminal and headquarters sites, not to exceed a total of twelve acres, on the Patchogue River within Suffolk County, New York, and substituted map numbered OGP—0004, dated May 1978 for OGP—0002, dated June 1964 and requirement of publishing the map in the Federal Register for prior provision for filing the map with the Federal Register.

Statutory Notes and Related SubsidiariesShort Title of 1984 Amendment

Pub. L. 98–482, § 1, Oct. 17, 1984, 98 Stat. 2255, provided: “That this Act [amending sections 459e–1 and 459e–2 of this title] may be cited as the ‘Fire Island National Seashore Amendments Act of 1984’.”

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1967–2025 · leading case: Pokoik v. Dep't of Health Servs., 533 N.E.2d 249 (NY 1988).

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Pokoik v. Dep't of Health Servs., 533 N.E.2d 249 (NY 1988). · cites it 6× “4 [b] [2]), without running afoul of the Fire Island National Seashore Act (16 USC § 459e). Following its determination, the Appellate Division granted respondents leave to appeal and certified the following question of law: "Was the order of this court dated March 21, 1988,…”

United States v. 0.16 of an Acre of Land, Etc., 517 F. Supp. 1115 (E.D.N.Y 1981). · cites it 4× “These allege, with considerable duplication, that the taking 1) is not authorized by the Fire Island National Seashore Act, 16 U.S.C. § 459e et seq., 2) was arbitrary and capricious and in bad faith, 3) violated the National Environmental Policy Act, 42 U.”

Friends of Animals v. Romero, 948 F.3d 579 (2d Cir. 2020). “” 16 U.S.C. § 459e(a). The Seashore’s varied and distinctive environmental resources have established its national significance.”

George Biderman v. Rogers C. B. Morton, Sec'y of Interior, 497 F.2d 1141 (2d Cir. 1974). “With the potential for despoliation no doubt in mind, Congress, on September 11, 1964, passed the Fire Island National Seashore Act, 16 U.S.C. § 459e et seq., thereby establishing the “Fire Island National Seashore” [Seashore].”

Lester Christianson v. Jack Hauptman, Superintendent Fire Island Nat'l Seashore, Nat'l Park Serv., U.S. Dept. Of the Interior, 991 F.2d 59 (2d Cir. 1993). · cites it 2× “” 16 U.S.C. §§ 459e, et seq. (1988). The National Park Service (“Service”) is the administrative agency charged with the responsibility of managing the resources and environment of the National Seashore.”

Cape May Greene, Inc. v. Warren, 698 F.2d 179 (3rd Cir. 1983). “(In enacting the Fire Island National Seashore Act, 16 U.S.C. § 459e (1976 & Supp. V 1981), “Congress carefully avoided interfering with the power of the municipalities on the Seashore to enact zoning ordinances or grant zoning variances.”

United States v. Matherson, 367 F. Supp. 779 (E.D.N.Y 1973). “Title 16 U.S.C. § 459e(a). 4 . Title 16 U.S.C. § 459e-6 (a).”

United States v. Eight Tracts of Land, Brookhaven, NY, 270 F. Supp. 160 (E.D.N.Y 1967). “This is an action for the condemnation of eight tracts of land in the Town of Brookhaven, Suffolk County, State of New York, instituted by the United States of America pursuant to authority granted by the' Fire Island National Seashore Act (16 U.S.C.A. § 459e, 78 Stat. 928 )…”

Pokoik v. Dep't of Health Servs., 138 A.D.2d 602 (N.Y. App. Div. 1988). “3 [c]) which have been promulgated in connection with Federal laws relating to the Fire Island National Seashore (16 USC § 459e). These regulations essentially prohibit any form of construction within a "dune district” (36 CFR 28.”

Pokoik v. Dep't of Health Servs., 185 A.D.2d 929 (N.Y. App. Div. 1992). “Although the Supreme Court dismissed the petition, this court subsequently reversed that determination, and remitted the matter for further development of the record on the issue of whether toilet facilities could be constructed without violating the Fire Island National…”

New York Coastal P'ship, Inc. v. United States Dep't of the Interior, 341 F.3d 112 (2d Cir. 2003). “In 1964, Congress passed the Fire Island National Seashore Act (“FINSA”), 16 U.S.C. § 459e et seq., which places primarily responsibility for conserving and preserving the Fire Island coastline with the U.”

d'arienzo v. the fire island Nat'l seashore (\FINS\")" (E.D.N.Y 2024). · cites it 2× “16 U.S.C. § 459e; 36 C.F.R. § 7.20 (a); Friends of Animals v.”

Show all 14 citing cases →

— 16 U.S.C. § 459e(a) — 5 cases

Friends of Animals v. Romero, 948 F.3d 579 (2d Cir. 2020). “” 16 U.S.C. § 459e(a). The Seashore’s varied and distinctive environmental resources have established its national significance.”

United States v. 0.16 of an Acre of Land, Etc., 517 F. Supp. 1115 (E.D.N.Y 1981). “These allege, with considerable duplication, that the taking 1) is not authorized by the Fire Island National Seashore Act, 16 U.S.C. § 459e et seq., 2) was arbitrary and capricious and in bad faith, 3) violated the National Environmental Policy Act, 42 U.”

United States v. Matherson, 367 F. Supp. 779 (E.D.N.Y 1973). “Title 16 U.S.C. § 459e(a). 4 . Title 16 U.S.C. § 459e-6 (a).”

Lester Christianson v. Jack Hauptman, Superintendent Fire Island Nat'l Seashore, Nat'l Park Serv., U.S. Dept. Of the Interior, 991 F.2d 59 (2d Cir. 1993). “” 16 U.S.C. §§ 459e, et seq. (1988). The National Park Service (“Service”) is the administrative agency charged with the responsibility of managing the resources and environment of the National Seashore.”

d'arienzo v. the fire island Nat'l seashore (\FINS\")" (E.D.N.Y 2024). “16 U.S.C. § 459e; 36 C.F.R. § 7.20 (a); Friends of Animals v.”

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