Title 16 — ConservationRelease 119-73

§410r–9 Boundary revision

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIV— - EVERGLADES NATIONAL PARK › § 410r–9

Last updated Apr 6, 2026|Official source

Summary

Adds about 600 acres around a salt-water inlet called Hurricane Hole in South Key Largo to Everglades National Park. The inlet is in the Duesenbury Tracts and is reached by Duesenbury Creek. The map for this change is called "Proposed Tarpon Basin Boundary Revision", number 160/80,012, dated May 2008, and will be kept in National Park Service offices for the public. The Secretary of the Interior may accept donations, buy with donated or appropriated money, or trade for land or water from willing sellers inside the area shown on that map. Land added will be managed as part of the park. In an emergency, the Secretary may let sailboats use Hurricane Hole under conditions the Secretary sets. Money may be provided as needed to carry this out. Allows certain land trades between the Federal Government, the State of Florida, and Florida Power & Light Company (the Company) using the map "Proposed Land Exchanges, Everglades National Park", number 160/60411A, dated September 2008. Federal parcels called Tract A (next to Tamiami Trail) and Tract B (on the park’s east boundary) can be exchanged for State-owned land or about 320 acres owned by the Company called Tract D. If the State or the Company offers land and the Secretary accepts, the Secretary may swap the Federal tracts for those non‑Federal lands, with any rights that already exist kept in place. Trades must be on fair terms: land values should be equal or made equal by donation, payment, or extra parcels. Appraisals must follow the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. With agreement, small fixes to legal descriptions or boundaries are allowed. Land the Secretary gains will become part of the park and follow park rules. The maps will be public, and after any swaps the Secretary must update the park boundary and remove land that is no longer federally owned.

Full Legal Text

Title 16, §410r–9

Conservation — Source: USLM XML via OLRC

(a)(1)In this subsection:

(A)The term “Hurricane Hole” means the natural salt-water body of water within the Duesenbury Tracts of the eastern parcel of the Tarpon Basin boundary adjustment and accessed by Duesenbury Creek.

(B)The term “map” means the map entitled “Proposed Tarpon Basin Boundary Revision”, numbered 160/80,012, and dated May 2008.

(C)The term “Secretary” means the Secretary of the Interior.

(D)The term “Tarpon Basin property” means land that—

(i)is comprised of approximately 600 acres of land and water surrounding Hurricane Hole, as generally depicted on the map; and

(ii)is located in South Key Largo.

(2)(A)The boundary of the Everglades National Park is adjusted to include the Tarpon Basin property.

(B)The Secretary may acquire from willing sellers by donation, purchase with donated or appropriated funds, or exchange, land, water, or interests in land and water, within the area depicted on the map, to be added to Everglades National Park.

(C)The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(D)Land added to Everglades National Park by this section shall be administered as part of Everglades National Park in accordance with applicable laws (including regulations).

(3)The Secretary may allow use of Hurricane Hole by sailing vessels during emergencies, subject to such terms and conditions as the Secretary determines to be necessary.

(4)There are authorized to be appropriated such sums as are necessary to carry out this subsection.

(b)(1)In this subsection:

(A)The term “Company” means Florida Power & Light Company.

(B)The term “Federal Land” means the parcels of land that are—

(i)owned by the United States;

(ii)administered by the Secretary;

(iii)located within the National Park; and

(iv)generally depicted on the map as—

(I)Tract A, which is adjacent to the Tamiami Trail, U.S. Rt. 41; and

(II)Tract B, which is located on the eastern boundary of the National Park.

(C)The term “map” means the map prepared by the National Park Service, entitled “Proposed Land Exchanges, Everglades National Park”, numbered 160/60411A, and dated September 2008.

(D)The term “National Park” means the Everglades National Park located in the State.

(E)The term “non-Federal land” means the land in the State that—

(i)is owned by the State, the specific area and location of which shall be determined by the State; or

(ii)(I)is owned by the Company;

(II)comprises approximately 320 acres; and

(III)is located within the East Everglades Acquisition Area, as generally depicted on the map as “Tract D”.

(F)The term “Secretary” means the Secretary of the Interior.

(G)The term “State” means the State of Florida and political subdivisions of the State, including the South Florida Water Management District.

(2)(A)Subject to the provisions of this paragraph, if the State offers to convey to the Secretary all right, title, and interest of the State in and to specific parcels of non-Federal land, and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the State all right, title, and interest of the United States in and to the Federal land generally depicted on the map as “Tract A”.

(B)The land exchange under subparagraph (A) shall be subject to such terms and conditions as the Secretary may require.

(C)(i)The values of the land involved in the land exchange under subparagraph (A) shall be equal.

(ii)If the values of the land are not equal, the values may be equalized by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land.

(D)Before the exchange of land under subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.

(E)Subject to the agreement of the State, the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land.

(F)Land acquired by the Secretary under subparagraph (A) shall—

(i)become part of the National Park; and

(ii)be administered in accordance with the laws applicable to the National Park System.

(3)(A)Subject to the provisions of this paragraph, if the Company offers to convey to the Secretary all right, title, and interest of the Company in and to the non-Federal land generally depicted on the map as “Tract D”, and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the Company all right, title, and interest of the United States in and to the Federal land generally depicted on the map as “Tract B”, along with a perpetual easement on a corridor of land contiguous to Tract B for the purpose of vegetation management.

(B)The land exchange under subparagraph (A) shall be subject to such terms and conditions as the Secretary may require.

(C)(i)The values of the land involved in the land exchange under subparagraph (A) shall be equal unless the non-Federal land is of higher value than the Federal land.

(ii)If the values of the land are not equal, the values may be equalized by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land.

(E)Subject to the agreement of the Company, the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land.

(F)Land acquired by the Secretary under subparagraph (A) shall—

(i)become part of the National Park; and

(ii)be administered in accordance with the laws applicable to the National Park System.

(4)The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(5)On completion of the land exchanges authorized by this subsection, the Secretary shall adjust the boundary of the National Park accordingly, including removing the land conveyed out of Federal ownership.

Reference

Citations & Metadata

Citation

16 U.S.C. § 410r–9

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73