16 U.S.C. § 410d — Acceptance and protection of property pending establishment of park; publication of establishment order
submitted 82 years ago by ch. 508 to r/title-16-CONSERVATION · 315 words · no verdicts yet
This law lets the Secretary of the Interior accept land in Florida to protect it before Everglades National Park officially opens. The Secretary can allow past owners to keep oil, gas, and mineral rights for a while. If the park isn't created within ten years, or if it's later abandoned, the land goes back to Florida.
(a) This section lets the Secretary of the Interior accept land, submerged land, or interests in them on behalf of the United States, to protect the scenery, wildlife, and natural features of the area meant to become Everglades National Park under sections 410 to 410c. This applies within about 2,000 square miles the Secretary recommended to Congress on December 3, 1930, under the Act of March 1, 1929. The Secretary may allow owners to keep their oil, gas, or mineral rights when accepting the land. Three conditions apply:
First, the park cannot be developed in a major way, and cannot officially open, until the Secretary has clear title to most of the land in the recommended area — the Secretary picks which land counts.
Second, until the accepted land is free of oil, gas, and mineral rights held by past owners, the Secretary must give the land whatever protection is needed to accomplish this section's purpose.
Third, if the park is not established within ten years of December 6, 1944, or if the park is abandoned at any point after it opens, then title to any land accepted under this section automatically goes back to Florida or whoever else gave the land to the United States.
(b) Once the land is set up as described above, the Everglades National Park becomes official when the Secretary issues an order. This order must be published in the Federal Register.
For the purpose of protecting the scenery, the wildlife, and other natural features of the region authorized to be established as the Everglades National Park by sections 410 to 410c of this title, notwithstanding any provision contained in said sections, the Secretary of the Interior is authorized in his discretion to accept on behalf of the United States any land, submerged land, or interests therein, subject to such reservations of oil, gas, or mineral rights as the Secretary may approve, within the area of approximately two thousand square miles recommended by said Secretary in his report to the Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443): Provided, That no general development of the property accepted pursuant to this section shall be undertaken nor shall the park be established until title satisfactory to the Secretary to a major portion of the lands, to be selected by him, within the aforesaid recommended area shall have been vested in the United States: Provided further, That until the property acquired by the United States pursuant to this section has been cleared of the aforesaid reservations, the Secretary in his discretion shall furnish such protection thereover as may be necessary for the accomplishment of the purposes of this section: And provided further, That in the event the park is not established within ten years from December 6, 1944, or upon the abandonment of the park at any time after its establishment, title to any lands accepted pursuant to the provisions of this section shall thereupon automatically revest in the State of Florida or other grantors of such property to the United States.
Upon the execution of the aforesaid provisions relating to establishment thereof, the Everglades National Park shall be established by order of the Secretary which shall be published in the Federal Register.
Source credit: (Dec. 6, 1944, ch. 508, 58 Stat. 794.)
- 1944Enacted · Act of Dec. 6, 1944, ch. 508 · 58 Stat. 794
A history note hasn’t been published yet. The record shows enactment by ch. 508 on 1944-12-06.
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