§410j — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior can only buy or otherwise get land, water, and rights for Everglades National Park inside the park boundary set elsewhere in the law, starting July 2, 1958. Using money made available for that purpose, the Secretary may acquire property and interests within that boundary. Owners of land inside that park boundary but outside an earlier designated area can choose to keep certain mineral rights. They may reserve all oil, gas, and mineral rights, including the right to lease, explore, produce, store, and remove minerals, until October 9, 1967. If commercial production of minerals is happening anywhere in that boundary (but outside the earlier area) by that date, the reservation continues for all those owners as long as production keeps going anywhere there. Owners and their agents may enter and leave the land as needed to use these rights. After those reserved rights end, owners still keep the right to normal royalties for any minerals produced if the federal government or its assigns ever allow production before January 1, 1985.

Title 16, §410j

Conservation — Source: USLM XML via OLRC

The authority of the Secretary of the Interior to acquire land and water for Everglades National Park shall on and after July 2, 1958 be restricted to the area within the boundary described in section 410i of this title. Notwithstanding the proviso contained in section 410 of this title, or any other provision of law, the said Secretary is authorized on and after July 2, 1958, within the boundary fixed in sections 410i to 410p of this title and with any funds made available for that purpose, to acquire land, water, and interests therein by purchase or otherwise. The authority to acquire land, water, and interests therein within the park boundary fixed in section 410i of this title but outside the area designated in sections 410e to 410h of this title, is further subject to the right of retention by the owners thereof, including owners of interests in oil, gas, and mineral rights or royalties, and by their heirs, executors, administrators, successors, and assigns, at their election of the following: (1) The reservation until October 9, 1967, of all oil, gas, and mineral rights or interests, including the right to lease, explore for, produce, store, and remove oil, gas, and other minerals from such lands; (2) In the event that on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary fixed in section 410i of this title but outside the area designated in sections 410e to 410h of this title, the time of the reservation provided in subsection (1) above shall automatically extend for all owners within said boundary and outside of said area regardless of whether such production is from land in which such owners have an interest, for so long as oil, gas, or other minerals are produced in commercial quantities anywhere within said boundary and outside of said area. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress to and egress from such land and water as may be necessary; and (3) After the termination of the reserved rights of owners as set forth in subsections (1) and (2) of this section, a further reservation of the right to customary royalties, applying at the time of production, in any oil, gas, or other minerals which may be produced from such land and water at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1970—Pub. L. 91–428 struck out restriction against acquisition of certain described lands in Dade County without the consent of the owner so long as the land is used exclusively for agricultural purposes, including housing directly incident thereto, or is lying fallow or remains in its natural state.

§410j Acquisition of land, water, and interests therein; consent of owner; reservations

Summary

Title 16, §410j

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata