88 STAT. ]
PUBLIC LAW 93-626-JAN. 3, 1975
2123
SEC. 3. (a) Except for property deemed necessary by the Secretary ^^ use 459J-2. for visitor facilities, or for access to or administration of the seashore, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a riglit of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wdiolly or partially donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) The Secretary may tenninate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. (c) The term "improved property", as used in this section shall "improved propmean a detached, noncommercial residential dwelling, the construe- ^'^ ^' tion of which was begun before January 1, 1971 (hereafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dw^elling for the sole purpose of noncommercial residential use, together with any structures, necessary to the dwelling which are situated on the land so designated. (d) Except as otherwise provided, the Secretary shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. SEC. 4. The Secretary sljall permit hunting, fishing, and trapping Hunting, fishirig, on lands and waters under his jurisdiction within the boundaries of ^"le iJsc'459j-3. the seashore in accordance with the appropriate laws of the State of Florida and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish and wildlife management, public use and enjoyment, protection of the resource, or competing public use. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trapping activities. SEC. 5 (a) The seashore shall be administered, protected, and devel- Administration. oped m accordance with the provisions 01 the Act of August 25, 1916 16 USC 459J-4. (39 Stat. 535; 16 U.S.C 1, 2-4), as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation management of natural resources may be utilized to the extent he finds such authority will further the purposes of the Act. (b) Notwithstanding any other provisions of this Act, lands and waters in the Merritt Island National Wildlife Refuge as described in subsection (c)(2) of this section which are part of the seashore shall be administered for refuge purposes through the United States Fish and Wildlife Service pursuant to the National Wildlife Refuge
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