§410r–6 — Title 16 Conservation | U.S. Code

Summary

The park boundary is changed to add about 107,600 acres shown on the map called “Boundary Map, Everglades National Park Addition, Dade County, Florida,” number 160–20,013B, dated September 1989. That map must be kept on file and be available for the public to see. The Secretary may buy, accept as donation, or swap land inside the new area. The Secretary may also buy up to 10 acres just outside the park from willing sellers for park housing, offices, or maintenance, and when land is partly inside the park the Secretary may buy nearby land to avoid extra costs. The one small Federal parcel called “Gilberts’ Marina” (about 1 acre) may be swapped for equal-value land inside the new area. State-owned lands can only be taken if donated. All purchases should be finished no later than 5 years after December 13, 1989, and the authority stays in effect until done. The Federal government may pay up to 80 percent of acquisition costs and the State of Florida must pay at least 20 percent. The Secretary must consider offers from owners who say keeping their land would cause undue hardship. At the Governor’s request, the Secretary may help Florida with buying lands in the Kissimmee River/Lake Okeechobee/Everglades basin, and Florida will reimburse the Secretary; those payments may be kept and used for park work. A specific land swap plan is also approved: the General Services Administration land (about 595.28 acres) goes to Miami‑Dade County for the County’s two tracts (about 152.93 acres), then National Park Service land (about 1,054 acres) is exchanged with the South Florida Water Management District for the District’s about 1,054 acres; the park boundary will be updated on the May 18, 2004 map (number 160/80,007A), which must also be on file for public inspection.

Title 16, §410r–6

Conservation — Source: USLM XML via OLRC

(a)(1)The park boundary is hereby modified to include approximately 107,600 acres as generally depicted on the map entitled “Boundary Map, Everglades National Park Addition, Dade County, Florida”, numbered 160–20,013B and dated September 1989.

(2)The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(3)(A)The Secretary may acquire from 1 or more willing sellers not more than 10 acres of land located outside the boundary of the park and adjacent to or near the East Everglades area of the park for the development of administrative, housing, maintenance, or other park purposes.

(B)On acquisition of the land under subparagraph (A), the land shall be administered as part of the park in accordance with the laws (including regulations) applicable to the park.

(b)The Secretary may from time to time make minor revisions in the boundaries of the park in accordance with section 100506(c) of title 54. In exercising the boundary adjustment authority the Secretary shall ensure all actions will enhance resource preservation and shall not result in a net loss of acreage from the park.

(c)(1)Within the boundaries of the addition described in subsection (a), the Secretary may acquire lands and interests in land by donation, purchase with donated or appropriated funds, or exchange. For purposes of acquiring property by exchange, the Secretary may, notwithstanding any other provision of law, exchange the approximately one acre of Federal land known as “Gilberts’ Marina” for non-Federal land of equal value located within the boundaries of the addition. Any lands or interests in land which are owned by the State of Florida or any political subdivision thereof, may be acquired only by donation.

(2)It is the express intent of Congress that acquisition within the boundaries of the addition shall be completed not later than 5 years after December 13, 1989. The authority provided by this section shall remain in effect until all acquisition is completed.

(d)When any tract of land is only partly within boundaries referred to in subsection (a), the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries, and any land so acquired and not utilized for exchange shall be reported to the General Services Administration for disposal under chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(e)In exercising the authority to acquire property under sections 410r–5 to 410r–8 of this title, the Secretary shall give prompt and careful consideration to any offer made by any person owning property within the boundaries of the addition to sell such property, if such owner notifies the Secretary that the continued ownership of such property is causing, or would result in undue hardship.

(f)(1)Subject to the provisions of paragraph (2), there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 410r–5 to 410r–8 of this title.

(2)With respect to land acquisition within the addition, not more than 80 percent of the cost of such acquisition may be provided by the Federal Government. Not less than 20 percent of such cost shall be provided by the State of Florida.

(g)Upon the request of the Governor of the State of Florida, the Secretary is authorized to provide technical assistance and personnel to assist in the acquisition of lands and waters within the Kissimmee River/Lake Okeechobee/Everglades Hydrologic Basin, including the Big Cypress Swamp, through the provision of Federal land acquisition personnel, practices, and procedures. The State of Florida shall reimburse the Secretary for such assistance in such amounts and at such time as agreed upon by the Secretary and the State. Notwithstanding any other provision of law, reimbursement received by the Secretary for such assistance shall be retained by the Secretary and shall be available without further appropriation for purposes of carrying out any authorized activity of the Secretary within the boundaries of the park.

(h)(1)In this subsection:

(A)The term “Administrator” means the Administrator of General Services.

(B)The term “County” means Miami-Dade County, Florida.

(C)The term “County land” means the 2 parcels of land owned by the County totaling approximately 152.93 acres that are designated as “Tract 605–01” and “Tract 605–03”.

(D)The term “District” means the South Florida Water Management District.

(E)The term “District land” means the approximately 1,054 acres of District land located in the Southern Glades Wildlife and Environmental Area and identified on the map as “South Florida Water Management District Exchange Lands”.

(F)The term “General Services Administration land” means the approximately 595.28 acres of land designated as “Site Alpha” that is declared by the Department of the Navy to be excess land.

(G)The term “map” means the map entitled “Boundary Modification for C–111 Project, Everglades National Park”, numbered 160/80,007A, and dated May 18, 2004.

(H)The term “National Park Service land” means the approximately 1,054 acres of land located in the Rocky Glades area of the park and identified on the map as “NPS Exchange Lands”.

(2)The Administrator shall convey to the County fee title to the General Services Administration land in exchange for the conveyance by the County to the Secretary of fee title to the County land.

(3)(A)As soon as practicable after the completion of the exchange under paragraph (2), the Secretary shall convey to the District fee title to the National Park Service land in exchange for fee title to the District land.

(B)The National Park Service land conveyed to the District shall be used by the District for the purposes of the C–111 project, including restoration of the Everglades natural system.

(C)On completion of the land exchange under subparagraph (A), the Secretary shall modify the boundary of the park to reflect the exchange of the National Park Service land and the District land.

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

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “section 100506(c) of title 54” substituted for “section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 [sic] and following)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. In subsec. (d), “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (63 Stat. 377)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2004—Subsec. (a). Pub. L. 108–483, § 1(1), designated first sentence as par. (1), designated second sentence as par. (2), inserted par. headings, and added par. (3). Subsec. (h). Pub. L. 108–483, § 1(2), added subsec. (h).

§410r–6 Boundary modification

Summary

Title 16, §410r–6

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata