16 U.S.C. § 460cc

Establishment

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In order to preserve and protect for the use and enjoyment of present and future generations an area possessing outstanding natural and recreational features, the Gateway National Recreation Area (hereinafter referred to as the “recreation area”) is hereby established.(a) Composition and boundariesThe recreation area shall comprise the following lands, waters, marshes, and submerged lands in the New York Harbor area generally depicted on the map entitled “Boundary Map, Gateway National Recreation Area,” numbered 951–40017 sheets 1 through 3 and dated May, 1972:(1) Jamaica Bay Unit—including all islands, marshes, hassocks, submerged lands, and waters in Jamaica Bay, Floyd Bennett Field, the lands generally located between highway route 27A and Jamaica Bay, and the area of Jamaica Bay up to the shoreline of John F. Kennedy International Airport;(2) Breezy Point Unit—the entire area between the eastern boundary of Jacob Riis Park and the westernmost point of the peninsula;(3) Sandy Hook Unit—the entire area between Highway 36 Bridge and the northernmost point of the peninsula;(4) Staten Island Unit—including Great Kills Park, World War Veterans Park at Miller Field (except for approximately 26 acres which are to be made available for public school purposes), Fort Wadsworth, and the waterfront lands located between the streets designated as Cedar Grove Avenue, Seaside Boulevard, and Drury Avenue and the bay from Great Kills to Fort Wadsworth;(5) Hoffman and Swinburne Islands; and(6) All submerged lands, islands, and waters within one-fourth of a mile of the mean low water line of any waterfront area included above.(b) Boundary revisions: notification of Congressional committees; publication in Federal Register

The map referred to in this section shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia. After advising the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate in writing, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to make minor revisions of the boundaries of the recreation area when necessary by publication of a revised drawing or other boundary description in the Federal Register.

(Pub. L. 92–592, §§ 1, 3(b)(2), Oct. 27, 1972, 86 Stat. 1308; Pub. L. 103–437, § 6(n)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 106–132, § 1(2), Dec. 7, 1999, 113 Stat. 1681.)Editorial NotesAmendments

1999—Subsec. (a)(4). Pub. L. 106–132 added Pub. L. 92–592, § 3(b)(2). See 1972 Amendment note below.

1994—Subsec. (b). Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the United States House of Representatives and the United States Senate”.

1972—Subsec. (a)(4). Pub. L. 92–592, § 3(b)(2), as added by Pub. L. 106–132, substituted “World War Veterans Park at Miller Field” for “Miller Field”.

Statutory Notes and Related SubsidiariesDeKorte State Park; Protection and Use of; Study for Establishment as a Unit of the National Park System and Administration as Unit of Gateway National Recreation Area; Report to Congressional Committees; Authorization of Appropriations

Pub. L. 96–442, § 3, Oct. 13, 1980, 94 Stat. 1887, directed Secretary of the Interior to conduct a study to determine appropriate measures for protection, interpretation, and public use of natural wetlands and undeveloped uplands of that portion of Hackensack Meadowlands District identified as DeKorte State Park on official zoning maps of that District, with Secretary to consult with and seek advice of, representatives of interested local, State, and other Federal agencies, to determine suitability and feasibility of establishing the area as a unit of national park system, including its administration as a unit of Gateway National Recreation Area, together with alternative measures that could be undertaken to protect and interpret resources of area for public, and not later than two complete fiscal years from Oct. 13, 1980, to transmit a report of the study, including estimated development, operation, and maintenance costs of alternatives identified therein, to Senate Committee on Energy and Natural Resources and Committee on Interior and Insular Affairs of House of Representatives, together with his recommendations for such further legislation as may be appropriate, and authorized to be appropriated from amounts previously authorized to study lands for possible inclusion in national park system not to exceed $150,000 to carry out provisions of this Act.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1980–2024 · leading case: United States v. Schmitt, 999 F. Supp. 317 (E.D.N.Y 1998).

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United States v. Schmitt, 999 F. Supp. 317 (E.D.N.Y 1998). · cites it 2× “” 16 U.S.C. § 460cc(a). The Gateway National Park does not include the Broad Channel Community.”

United States v. Knauer, 635 F. Supp. 2d 203 (E.D.N.Y 2009). · cites it 2× “16 U.S.C. § 460cc(a). The Jamaica Bay Unit of Gateway includes “the islands, marshes, hassocks, submerged lands, and waters in Jamaica Bay, Floyd Bennett Field,” and “the lands within one-fourth mile of the mean low water line” in “the area of Jamaica Bay to the shoreline of…”

Friends of Gateway v. Slater, 257 F.3d 74 (2d Cir. 2001). · cites it 2× “1308 (codified as amended at 16 U.S.C. §§ 460cc to 460ec-4) (Gateway Act).”

Nat. Resources Def. Council, Inc. v. Marsh, 568 F. Supp. 1387 (E.D.N.Y 1983). · cites it 3× “Invoking primarily the Gateway National Recreation Area Act, 16 U.S.C. § 460cc et seq. (“Gateway Act”), plaintiffs brought this action against the Secretaries of the Army, Navy and Interior, and the Director of the Navy Resale and Support Office (“NAVRESSO”), seeking to enjoin…”

Haugen v. United States, 492 F. Supp. 398 (E.D.N.Y 1980). “It appears that the park at which the accident allegedly occurred is administered by the National Park Service, United States Department of the Interior, pursuant to 16 U.S.C. § 460cc et seq. By special use permit dated November 21, 1975, the National Park Service entered into…”

Sylvane v. Whelan, 506 F. Supp. 1355 (E.D.N.Y 1981). “1308, 16 U.S.C. § 460cc (1972). Riis Park has long been a popular public beach with adjacent recreational facilities, owned prior to the creation of Gateway by the City of New York.”

Nat. Resources Def. Council, Inc. v. Marsh, 836 F.2d 87 (2d Cir. 1987). “16 U.S.C. § 460cc(a). Fort Wadsworth, a 226-acre Army installation on Staten Island, was part of the designated site.”

Fernandez v. United States Nat'l Park Serv. (D.N.J. 2024). “” 16 U.S.C. § 460cc. 3 See 16 U.S.C. § 460cc-2(a) (“[T]he Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this subchapter.”

Save Sandy Hook Corp. v. United States Dep't of Interior, 293 F. App'x 896 (3rd Cir. 2008). “, and the Gateway Act, 16 U.S.C. § 460cc, et seq.; (2) that the lease violates the National Historic Preservation Act, 16 U.”

Ayala v. Hagemann, 186 Misc. 2d 122 (N.Y. Sup. Ct. 2000). “(16 USC § 460cc.) Plaintiffs have argued that, notwithstanding this fact, local ordinances apply within the park because there are no Federal regulations governing the control of dogs in Federal parks.”

— 16 U.S.C. § 460cc(a) — 3 cases

United States v. Schmitt, 999 F. Supp. 317 (E.D.N.Y 1998). “” 16 U.S.C. § 460cc(a). The Gateway National Park does not include the Broad Channel Community.”

United States v. Knauer, 635 F. Supp. 2d 203 (E.D.N.Y 2009). “16 U.S.C. § 460cc(a). The Jamaica Bay Unit of Gateway includes “the islands, marshes, hassocks, submerged lands, and waters in Jamaica Bay, Floyd Bennett Field,” and “the lands within one-fourth mile of the mean low water line” in “the area of Jamaica Bay to the shoreline of…”

Nat. Resources Def. Council, Inc. v. Marsh, 836 F.2d 87 (2d Cir. 1987). “16 U.S.C. § 460cc(a). Fort Wadsworth, a 226-acre Army installation on Staten Island, was part of the designated site.”

— 16 U.S.C. § 460cc(a)(4) — 1 case

Nat. Resources Def. Council, Inc. v. Marsh, 568 F. Supp. 1387 (E.D.N.Y 1983). “Invoking primarily the Gateway National Recreation Area Act, 16 U.S.C. § 460cc et seq. (“Gateway Act”), plaintiffs brought this action against the Secretaries of the Army, Navy and Interior, and the Director of the Navy Resale and Support Office (“NAVRESSO”), seeking to enjoin…”

— 16 U.S.C. § 460cc(a)(l) — 2 cases

Friends of Gateway v. Slater, 257 F.3d 74 (2d Cir. 2001). “1308 (codified as amended at 16 U.S.C. §§ 460cc to 460ec-4) (Gateway Act).”

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