(a) When acquiring land, waters, or interests therein, the Secretary shall permit a reservation by the grantor of all or any part of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of occupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and waters and the lands and waters adjacent thereto, under such regulations as may be prescribed by the Secretary with respect to such mining or removal.
(b) Any acquisition hereunder shall exclude and shall not diminish any right of occupation or use of the surface under grants, leases, or easements existing on April 11, 1961, which are reasonably necessary for the exploration, development, production, storing, processing, or transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the Secretary may grant additional rights of occupation or use of the surface for the purposes aforesaid upon the terms and under such regulations as may be prescribed by him.
Structure US Code
CHAPTER 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII— NATIONAL SEASHORE RECREATIONAL AREAS
§ 459a. Acceptance of donations; acquisition of property by purchase and condemnation
§ 459a–1. Administration, protection, and development; commercial fishing by residents; hunting
§ 459a–3. Migratory bird refuges not to be affected
§ 459a–5. Addition of lands; Naval Amphibious Training Station
§ 459a–5a. Addition of lands; Hatteras
§ 459a–6. Acquisition of non-Federal land within boundaries of recreational area
§ 459a–7. Availability of appropriations
§ 459a–8. Limitation on expenditure
§ 459a–10. Transfer of Ocracoke Light Station to Secretary of the Interior
§ 459b. Cape Cod National Seashore; description of area
§ 459b–1. Acquisition of property
§ 459b–3. Acquisition by condemnation
§ 459b–5. Certificate of suspension of authority for acquisition by condemnation
§ 459b–6. Administration of acquired property
§ 459b–7. Cape Cod National Seashore Advisory Commission
§ 459b–8. Authorization of appropriations
§ 459c. Point Reyes National Seashore; purposes; authorization for establishment
§ 459c–2. Acquisition of property
§ 459c–4. Point Reyes National Seashore
§ 459c–5. Owner’s reservation of right of use and occupancy for fixed term of years or life
§ 459c–6. Administration of property
§ 459c–6a. The Clem Miller Environmental Education Center; designation
§ 459c–6b. Cooperation with utilities district; land use and occupancy; terms and conditions
§ 459c–7. Authorization of appropriations; restriction on use of land
§ 459d. Padre Island National Seashore; description of land and waters
§ 459d–1. Acquisition of property
§ 459d–3. Reservation of oil, gas, and other minerals
§ 459d–5. Roadways to access highways from mainland
§ 459d–7. Authorization of appropriations
§ 459e. Fire Island National Seashore
§ 459e–1. Acquisition of property
§ 459e–4. Hunting and fishing regulations
§ 459e–5. Acceptance of donations
§ 459e–6. Administration, protection, and development
§ 459e–7. Shore erosion control or beach protection measures; Fire Island inlet
§ 459e–9. Authorization of appropriations
§ 459e–10. Authority to accept donation of William Floyd Estate
§ 459e–12. Administration of property of William Floyd Estate; detached unit
§ 459f. Assateague Island National Seashore; purposes; description of area
§ 459f–1. Acquisition of property
§ 459f–2. Compensation for bridge construction costs; acquisition of land for park purposes
§ 459f–3. Establishment of Seashore; notice in Federal Register
§ 459f–4. Hunting and fishing provisions
§ 459f–5. Administration of Seashore
§ 459f–7. Beach erosion control and hurricane protection
§ 459f–10. Authorization of appropriations
§ 459f–11. Comprehensive plan for protection, management, and use of seashore
§ 459g–1. Acquisition of property
§ 459g–2. Establishment; notice in Federal Register; copies to Congress
§ 459g–3. Hunting and fishing provisions
§ 459g–5. Shore erosion control or beach protection measures
§ 459g–7. Authorization of appropriations; master plan to Congressional committees; time; contents
§ 459h. Gulf Islands National Seashore
§ 459h–1. Acquisition of property
§ 459h–2. Designation of hunting and fishing zones; regulation of maritime activities
§ 459h–3. Rights-of-way or easements for transportation of oil and gas minerals
§ 459h–8. Authority of Department of Army or Chief of Engineers over navigation or related matters
§ 459h–10. Authorization of appropriations
§ 459i–2. Cumberland Island Parkway; right-of-way; administration; regulations
§ 459i–3. Acquisition of property
§ 459i–5. Administration, protection, and development
§ 459i–6. State and local jurisdiction
§ 459i–7. Water resource developments
§ 459i–9. Authorization of appropriations
§ 459j. Canaveral National Seashore; establishment; boundary; boundary revisions; limitation on area
§ 459j–4. Administration, protection, and development
§ 459j–5. Canaveral National Seashore Advisory Commission
§ 459j–8. Authorization of appropriations; reports to Congressional committees