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Title 16 — ConservationRelease 119-73not60

§698f Big Cypress National Preserve; Big Cypress National Preserve Addition

Title 16 › Chapter 6— GAME AND BIRD PRESERVES; PROTECTION › § 698f

Last updated Apr 5, 2026|Official source

Summary

Creates the Big Cypress National Preserve in Florida to protect its natural, scenic, water, plant, animal, and recreational values and to let the public enjoy them. The preserve follows the map titled "Big Cypress National Preserve", dated November 1971, number BC–91,001, on file with the National Park Service and county offices, and the Secretary of the Interior must publish a detailed boundary in the Federal Register that includes no more than 570,000 acres. The Secretary may get lands inside the preserve or the Addition by donation, purchase with donated or appropriated money, transfer from other federal agencies, or exchange. Land the State of Florida owns in the preserve can only be taken by donation, and state-acquired lands in the Addition follow the cost rules below. No federal money will be used until the Florida Governor agrees to transfer state-owned preserve lands to the United States and to donate lands or any leftover funds bought under the Big Cypress Conservation Act of 1973. Improved property and oil and gas rights will not be taken without the owner's consent unless the Secretary finds their use would harm the preserve. The Secretary can skip buying subsurface rights if they are not needed, may accept offers up to $10,000 without an appraisal, and may order appraisals of unimproved land without notice. Any federal land already inside the preserve can be put under the Secretary’s control without moving funds. For lands in the Addition, the United States may pay up to 80% of the total cost. If Florida transfers lands to the Secretary, the Secretary must reimburse 80% of the State’s costs, but that payment is reduced by 20% of what the Secretary spent buying other Addition lands. "Total cost" means all acquisition costs (including values of exchanged or donated lands) minus costs paid by the Federal Highway Administration and the Florida Department of Transportation, including severance damages from building Interstate 75.

Full Legal Text

Title 16, §698f

Conservation — Source: USLM XML via OLRC

(a)In order to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the State of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National Preserve is hereby established.
(b)The Big Cypress National Preserve (hereafter referred to as the “preserve”) shall comprise the area generally depicted on the map entitled “Big Cypress National Preserve”, dated November 1971 and numbered BC–91,001, which shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade Counties in the State of Florida. The Secretary of the Interior (hereafter referred to as the “Secretary”) shall, as soon as practicable, publish a detailed description of the boundaries of the preserve in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water.
(c)The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve or the Addition: Provided, That any lands owned or acquired by the State of Florida, or any of its subdivisions, in the preserve may be acquired by donation only and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d): Provided further, That no Federal funds shall be appropriated until the Governor of Florida executes an agreement on behalf of the State which (i) provides for the transfer to the United States of all lands within the preserve previously owned or acquired by the State and (ii) provides for the donation to the United States of all lands acquired by the State within the preserve pursuant to the provision of “the Big Cypress Conservation Act of 1973” (Chapter 73–131 of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the preserve. No improved property, as defined by sections 698f to 698m–4 of this title, nor oil and gas rights, shall be acquired without the consent of the owner unless the Secretary, in his judgment, determines that such property is subject to, or threatened with, uses which are, or would be, detrimental to the purposes of the preserve. The Secretary may, if he determines that the acquisition of any other subsurface estate is not needed for the purposes of the preserve and the Addition, exclude such interest in acquiring any lands within the preserve and the Addition. Notwithstanding the provisions of section 4651 of title 42 the Secretary (i) may evaluate any offer to sell land within the preserve or the Addition by any landowner and may, in his discretion, accept any offer not in excess of $10,000 without an appraisal and (ii) may direct an appraisal to be made of any unimproved property within the preserve or the Addition without notice to the owner or owners, thereof. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of sections 698f to 698m–4 of this title, without transfer of funds. Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.
(d)(1)The aggregate cost to the United States of acquiring lands within the Addition may not exceed 80 percent of the total cost of such lands.
(2)Except as provided in paragraph (3), if the State of Florida transfers to the Secretary lands within the Addition, the Secretary shall pay to or reimburse the State of Florida (out of funds appropriated for such purpose) an amount equal to 80 percent of the total costs to the State of Florida of acquiring such lands.
(3)The amount described in paragraph (2) shall be reduced by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State of Florida.
(4)For purposes of this subsection, the term “total cost” means that amount of the total acquisition costs (including the value of exchanged or donated lands) less the amount of the costs incurred by the Federal Highway Administration and the Florida Department of Transportation, including severance damages paid to private property owners as a result of the construction of Interstate 75.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (d)(3). Pub. L. 108–483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”. 1988—Subsec. (c). Pub. L. 100–301, § 4(b), inserted in provisions before first proviso “or the Addition” after “boundaries of the preserve” and in first proviso “in the preserve” after “subdivisions,” and “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)” before the colon. Pub. L. 100–301, § 4(e), inserted “and the Addition” after “for the purposes of the preserve” and after “any lands within the preserve” in third sentence. Pub. L. 100–301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence. Pub. L. 100–301, § 4(d), inserted at end “Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.” Subsec. (d). Pub. L. 100–301, § 4(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Short Title

of 1988 Amendment Pub. L. 100–301, § 1(a), Apr. 29, 1988, 102 Stat. 443, provided that: “This Act [enacting sections 698m–1 to 698m–4 of this title, amending this section and section 698h and 698j to 698m of this title, and enacting provisions set out below] may be cited as the ‘Big Cypress National Preserve Addition Act’.” Findings and Purpose Pub. L. 100–301, § 2, Apr. 29, 1988, 102 Stat. 443, provided that: “(a) Findings.—The Congress finds that—“(1) the planned

Construction

of Interstate 75 is presently being designed in such a way as to improve the natural water flow to the Everglades National Park, which has been disrupted by State Road 84 (commonly known as ‘Alligator Alley’); “(2) the planned

Construction

of Interstate 75 provides an opportunity to enhance protection of the Everglades National Park, to promote protection of the endangered Florida panther, and to provide for public recreational use and enjoyment of public lands by expanding the Big Cypress National Preserve to include those lands adjacent to Interstate 75 in Collier County north and east of the Big Cypress National Preserve, west of the Broward County line, and south of the Hendry County line; “(3) the Federal acquisition of lands bordering the Big Cypress National Preserve in conjunction with the

Construction

of Interstate 75 would provide significant public benefits by limiting development pressure on lands which are important both in terms of fish and wildlife habitat supporting endangered species and of wetlands which are the headwaters of the Big Cypress National Preserve; and “(4) public ownership of lands adjacent to the Big Cypress National Preserve would enhance the protection of the Everglades National Park while providing recreational opportunities and other public uses currently offered by the Big Cypress National Preserve. “(b) Purpose.—It is the purpose of this Act [see

Short Title

of 1988 Amendment note above] to establish the Big Cypress National Preserve Addition.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 698f

Title 16 — Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60