N.Y. State Law § 50-a: Fire Island National Seashore

§ 50-a. Fire Island National Seashore. 1. To assist the conservation

and preservation of the natural features of Fire Island and environs and

to authorize the acquisition by the United States of America of lands

necessary for the establishment by the Secretary of the Interior

pursuant to public law 88-587 (78 Stat. 928) of Fire Island National

Seashore in the county of Suffolk, state of New York, the consent of the

state of New York is hereby given to the United States of America, to

acquire by purchase, exchange, donation, condemnation or otherwise any

tract, piece or parcel of land (including lands under water which

include all lands seaward of the mean high water line), within the

boundaries of the Fire Island National Seashore as delineated on

boundary map OGP-0003 entitled "Map of Fire Island National Seashore

including the William Floyd Estate" (on file with the Federal Register

and in the office of the Department of Interior of the United States),

from the state of New York, the county of Suffolk, any city, town or

village within said county and from any individual or individuals or

bodies politic or corporate.

2. The commissioner of general services may authorize the use and

occupation by the United States of America of lands of the state under

water, said lands including all lands seaward of the mean high water

line within the boundaries of the Fire Island National Seashore as

delineated on boundary map OGP--0003 entitled "Map of Fire Island

National Seashore including the William Floyd Estate". The instrument by

which the authority to use and occupy said lands may be given by the

commissioner of general services to the United States of America shall

also include a cession of jurisdiction over the lands therein described;

and such cession of jurisdiction shall be upon the express condition

that the state of New York shall retain jurisdiction over said lands so

far as that all civil and criminal process which may issue under the

laws or authority of the state of New York may be executed thereon in

the same way and manner as if such jurisdiction had not been ceded to

the United States of America. Such instrument, by which the commissioner

of general services may authorize the use and occupation by the United

States of America of said lands and the cession of jurisdiction

thereover, shall be subject to any and all rights of any person or body

politic or corporate acquired by prior grant or held by reason of the

ownership of any uplands adjacent to any part of the lands under water

herein referred to.

3. The commissioner of general services, after the United States of

America has become the owner of any waterfront property within the

boundaries of the Fire Island National Seashore referred to above, is

hereby authorized to execute and deliver to the Secretary of the

Interior of the United States of America with or without consideration,

appropriate instruments of conveyance quitclaiming to the United States

of America all of the right, title and interest, if any, of the state of

New York in and to all of the lands under water as above defined,

situate within the boundaries of said Fire Island National Seashore. Any

such instrument of conveyance shall include a cession of jurisdiction in

confirmation of the cession of jurisdiction provided for in subdivision

two of this section and in form similar thereto.

4. Any conveyance of lands to the United States of America by the

county of Suffolk, or any city, town or village or bodies politic or

corporate may be made at private sale and with or without consideration

notwithstanding any inconsistent provision of any law, general or

special, or any charter. Upon the conveyance to the United States of

America by the county of Suffolk, or by any city, town or village or

body politic or corporate or by any private grantor of any lands within

the boundaries of said Fire Island National Seashore the commissioner of

general services is also authorized to cede to the United States of

America jurisdiction thereover expressly retaining jurisdiction of the

state of New York over said lands so far as that all civil and criminal

process, which may issue under the laws or authority of the state of New

York, may be executed thereon in the same way and manner as if such

jurisdiction had not been ceded to the United States of America.

5. Each conveyance of lands or the use and occupation of lands to the

United States of America made pursuant to the provisions of this section

shall further expressly provide that at such time as the United States

of America shall cease to use the lands for said Fire Island National

Seashore such jurisdiction as may have been ceded by the state of New

York to the United States of America for the purposes of said Fire

Island National Seashore pursuant to this section shall cease, determine

and become void; and all of the right, title and interest of the United

States of America

(a) with respect to such lands granted to the United States of America

by the state of New York shall revert to and vest in the state of New

York;

(b) with respect to lands granted to the United States of America by

any city, town or village or body politic or corporate, shall revert to

such city, town or village or body politic or corporate.