Page:United States Statutes at Large Volume 98 Part 2.djvu/1096

 98 STAT. 2256

16 USC 459e-2.

Infra.

16 USC 459e-l.

Ante, p. 2255.

Ante, p. 2255.

Courts, U.S.

PUBLIC LAW 98-482—OCT. 17, 1984

"(A) fails, or would result in a failure of such property, to conform to the standards specified in regulations issued under section 3(a) of this Act in effect at the time such use or construction began;or "(B) in the case of undeveloped tracts in the Dune district referred to in subsection (g) of this section, would result in such undeveloped property not being maintained in its natural state. "(2) Any temporary restraining order or injunction issued pursuant to such an application shall terminate in accordance with the provisions of section 3(g) of this Act.". SEC. 3. Section 3(e) of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1964 (16 U.S.C. 459e-2(e)), is amended to read as follows: "(e) In the case of any property, including improved property but excluding undeveloped property in the Dune district referred to in section 2(g) of this Act, with respect to which the Secretary's authority to acquire by condemnation has been suspended under this Act if— "(1) such property is, after the date of the enactment of the Fire Island National Seashore Amendments Act of 1984, made the subject of a variance under, or becomes for any reason an exception to, any applicable zoning ordinance approved under this section; and "(2) such variance or exception results, or will result, in such property being used in a manner that fails to conform to any applicable standard contained in regulations of the Secretary issued pursuant to this section and in effect at the time such variance or exception took effect; then the suspension of the Secretary's authority to acquire such property by condemnation shall automatically cease.". SEC. 4. Subsection (b) of section 3 of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1964 (16 U.S.C. 459e-2(b)) is amended by striking out "by means of acreage, frontage, and setback requirements." and inserting "by means of limitations or restrictions on the size, location or use of any commercial, residential, and other structures. In accomplishing these objectives, such standards shall seek to reconcile the population density of the seashore at the time of enactment of the Fire Island National Seashore Amendments Act of 1984 with the protection of the natural resources of the Seashore consistent with the purposes for which it has been established as provided by this Act.". SEC. 5. Section 3 of the Act entitled "An Act to establish the Fire Island National Seashore, and for other purposes", approved September 11, 1984 (16 U.S.C 459e-2) is amended by adding the following new subsection (g) after subsection (f): "(g) Notwithstanding any other provision of this Act, the Secretary of the Interior, acting through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prohibit the use of, including construction upon, any property within the seashore in a manner that— "(1) will cause or is likely to cause significant harm to the natural resources of the seashore, or "(2) is inconsistent with the purposes for which the seashore was established.

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