16 U.S.C. § 410r–6 — Boundary modification
submitted 37 years ago by Pub. L. 101-229 to r/title-16-CONSERVATION · 1,130 words · no verdicts yet
This section adds about 107,600 acres to Everglades National Park's boundary, known as the East Everglades. The Secretary of the Interior can buy this land. Acquisition must finish within 5 years, and Florida must pay at least 20 percent of the cost. Later amendments added land exchanges with Miami-Dade County and a water district.
(a) Area included
(1) In general: The park boundary is modified to include about 107,600 acres, as generally depicted on a map called "Boundary Map, Everglades National Park Addition, Dade County, Florida," numbered 160–20,013B and dated September 1989.
(2) Availability of map: The map must be available for public inspection at National Park Service offices.
(3) Acquisition of additional land: (A) In general: The Secretary may acquire from one or more willing sellers not more than 10 acres of land outside the park boundary and near the East Everglades area, for administrative, housing, maintenance, or other park purposes. (B) Administration; applicable law: On acquiring this land, it is administered as part of the park under the laws applicable to the park.
(b) Boundary adjustment
The Secretary may make minor revisions to the park's boundaries from time to time, under section 100506(c) of title 54. In doing so, the Secretary must ensure all actions enhance resource preservation and never result in a net loss of park acreage.
(c) Acquisition
(1) Within 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 exchange, the Secretary may, notwithstanding any other law, exchange the approximately one-acre federal parcel known as "Gilberts' Marina" for non-federal land of equal value within the addition's boundaries. Land owned by Florida or any of its political subdivisions may be acquired only by donation.
(2) Congress intends that all acquisition within the addition be completed not later than 5 years after December 13, 1989. This section's acquisition authority remains in effect until all acquisition is completed.
(d) Acquisition of tracts partially outside boundaries
When a tract of land is only partly within the boundaries in subsection (a), the Secretary may acquire the portion outside those boundaries too, to minimize severance costs. Land acquired this way outside the boundaries may be exchanged for non-federal lands within the boundaries. Any such land not used for exchange must be reported to the General Services Administration for disposal under the applicable federal property disposal laws.
(e) Offers to sell
In acquiring property under sections 410r–5 through 410r–8, the Secretary must give prompt and careful consideration to any offer from a property owner within the addition's boundaries who notifies the Secretary that continued ownership is causing, or would cause, undue hardship.
(f) Authorization of appropriations
(1) Subject to paragraph (2), Congress may appropriate whatever sums are necessary to carry out sections 410r–5 through 410r–8.
(2) For land acquisition within the addition, the federal government may provide not more than 80 percent of the cost. Florida must provide not less than 20 percent.
(g) Assistance
On the request of the Governor of Florida, the Secretary may provide technical assistance and personnel to help acquire lands and waters within the Kissimmee River/Lake Okeechobee/Everglades Hydrologic Basin, including the Big Cypress Swamp, through federal land acquisition personnel, practices, and procedures. Florida must reimburse the Secretary for this assistance, in amounts and at times agreed on by the Secretary and the State. Notwithstanding any other law, the Secretary keeps this reimbursement and may use it, without further appropriation, for any authorized activity within the park.
(h) Land exchanges
(1) Definitions: In this subsection: (A) "Administrator" means the Administrator of General Services. (B) "County" means Miami-Dade County, Florida. (C) "County land" means the 2 parcels totaling about 152.93 acres owned by the County, designated "Tract 605–01" and "Tract 605–03." (D) "District" means the South Florida Water Management District. (E) "District land" means about 1,054 acres of District land in the Southern Glades Wildlife and Environmental Area, identified on the map as "South Florida Water Management District Exchange Lands." (F) "General Services Administration land" means about 595.28 acres designated "Site Alpha," declared excess by the Department of the Navy. (G) "Map" means the map called "Boundary Modification for C–111 Project, Everglades National Park," numbered 160/80,007A and dated May 18, 2004. (H) "National Park Service land" means about 1,054 acres in the Rocky Glades area of the park, identified on the map as "NPS Exchange Lands."
(2) Exchange of General Services Administration land and County land: The Administrator must convey to the County fee title to the General Services Administration land, in exchange for the County conveying to the Secretary fee title to the County land.
(3) Exchange of National Park Service land and District land: (A) In general: As soon as practicable after completing the exchange in paragraph (2), the Secretary must convey to the District fee title to the National Park Service land, in exchange for fee title to the District land. (B) Use of National Park Service land: The District must use the conveyed National Park Service land for the C–111 project, including restoring the Everglades' natural system. (C) Boundary adjustment: On completing this land exchange, the Secretary must modify the park's boundary to reflect it.
(4) Availability of map: The map must be available for public inspection at National Park Service offices.
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.
The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
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.
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.
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.
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.
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.
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 sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
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.
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.
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.
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.
In this subsection:
The term “Administrator” means the Administrator of General Services.
The term “County” means Miami-Dade County, Florida.
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”.
The term “District” means the South Florida Water Management District.
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”.
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.
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.
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”.
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.
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.
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.
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.
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Source credit: (Pub. L. 101–229, title I, § 102, Dec. 13, 1989, 103 Stat. 1947; Pub. L. 108–483, § 1, Dec. 23, 2004, 118 Stat. 3919.)
- 1989Enacted · Pub. L. 101-229 · 103 Stat. 1947
- 2004Amended · Pub. L. 108-483 · 118 Stat. 3919
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-229 on 1989-12-13.
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