16 U.S.C. § 410r–9 — Boundary revision
submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 1,163 words · no verdicts yet
This law adds the Tarpon Basin area near Hurricane Hole to Everglades National Park and lets the Secretary of the Interior buy or trade for that land. It also lets the Secretary trade specific park land with Florida and with Florida Power & Light Company for other nearby land. All land gained this way becomes part of the park.
(a) Inclusion of Tarpon Basin property
(1) Definitions: This subsection defines four terms. (A) "Hurricane Hole" means the natural salt-water body of water within the Duesenbury Tracts on the eastern parcel of the Tarpon Basin boundary adjustment, reached by Duesenbury Creek. (B) "Map" means the official map called "Proposed Tarpon Basin Boundary Revision," numbered 160/80,012 and dated May 2008. (C) "Secretary" means the Secretary of the Interior. (D) "Tarpon Basin property" means about 600 acres of land and water around Hurricane Hole, shown on the map, located in South Key Largo.
(2) Boundary revision: (A) The boundary of Everglades National Park now includes the Tarpon Basin property. (B) The Secretary may get land, water, or rights in them inside the mapped area from owners who want to sell — as a gift, by buying with donated or government money, or by trading for it. (C) The map must be kept on file and open for public inspection at National Park Service offices. (D) Land added to the park this way becomes part of Everglades National Park and follows the same laws and rules as the rest of the park.
(3) Hurricane Hole: The Secretary may let sailing vessels use Hurricane Hole during emergencies, under whatever conditions the Secretary decides are needed.
(4) Authorization of appropriations: Congress may provide whatever money is needed to carry out this subsection.
(b) Land exchanges
(1) Definitions: This subsection defines seven terms. (A) "Company" means Florida Power & Light Company. (B) "Federal Land" means land owned by the United States, managed by the Secretary, inside the National Park, shown on the map as Tract A (next to the Tamiami Trail, U.S. Route 41) and Tract B (on the park's eastern boundary). (C) "Map" means the National Park Service map "Proposed Land Exchanges, Everglades National Park," numbered 160/60411A, dated September 2008. (D) "National Park" means Everglades National Park in Florida. (E) "Non-Federal land" means land in Florida that is either State-owned (the State picks the exact area) or land the Company owns — about 320 acres in the East Everglades Acquisition Area, shown on the map as "Tract D." (F) "Secretary" means the Secretary of the Interior. (G) "State" means Florida and its political subdivisions, including the South Florida Water Management District.
(2) Land exchange with State: (A) If the State offers all its rights to specific non-Federal land, and the Secretary accepts the offer, the Secretary may — subject to any existing legal rights — accept it and give the State the Federal land marked "Tract A" in return. (B) The Secretary sets whatever terms and conditions apply. (C) The traded land must be of equal value; if not, the gap can be closed with a donation, a payment of donated or appropriated money, or extra land. (D) Before the trade, both the Federal and non-Federal land must be appraised under the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (E) With the State's agreement, the Secretary can fix minor errors in legal descriptions and make small boundary adjustments. (F) Land the Secretary gets becomes part of the National Park, run under the same rules as other park land.
(3) Land exchange with Company: This works much like the State exchange, except the Company offers its Tract D land, and the Secretary may give it the Federal land in Tract B, plus a permanent easement on a strip of land next to Tract B for managing vegetation. (B) The Secretary sets the terms and conditions. (C) The values must be equal, unless the Company's land is worth more — in that case the trade still stands; if the values are unequal, the gap can be closed with a donation, payment, or extra land. (D) Appraisals must follow the same standards as the State exchange. (E) With the Company's agreement, the Secretary can fix technical or clerical errors and make small boundary adjustments. (F) Land acquired becomes park land under the same rules.
(4) Map: This map must also be on file and open for public inspection at National Park Service offices.
(5) Boundary revision: Once these trades are complete, the Secretary must update the park's boundary to match, including removing the traded-away land from the park.
In this subsection:
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.
The term “map” means the map entitled “Proposed Tarpon Basin Boundary Revision”, numbered 160/80,012, and dated May 2008.
The term “Secretary” means the Secretary of the Interior.
The term “Tarpon Basin property” means land that—
is comprised of approximately 600 acres of land and water surrounding Hurricane Hole, as generally depicted on the map; and
is located in South Key Largo.
The boundary of the Everglades National Park is adjusted to include the Tarpon Basin property.
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.
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
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).
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.
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
In this subsection:
The term “Company” means Florida Power & Light Company.
The term “Federal Land” means the parcels of land that are—
owned by the United States;
administered by the Secretary;
located within the National Park; and
generally depicted on the map as—
Tract A, which is adjacent to the Tamiami Trail, U.S. Rt. 41; and
Tract B, which is located on the eastern boundary of the National Park.
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.
The term “National Park” means the Everglades National Park located in the State.
The term “non-Federal land” means the land in the State that—
is owned by the State, the specific area and location of which shall be determined by the State; or
is owned by the Company;
comprises approximately 320 acres; and
is located within the East Everglades Acquisition Area, as generally depicted on the map as “Tract D”.
The term “Secretary” means the Secretary of the Interior.
The term “State” means the State of Florida and political subdivisions of the State, including the South Florida Water Management District.
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”.
The land exchange under subparagraph (A) shall be subject to such terms and conditions as the Secretary may require.
The values of the land involved in the land exchange under subparagraph (A) shall be equal.
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.
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.
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.
Land acquired by the Secretary under subparagraph (A) shall—
become part of the National Park; and
be administered in accordance with the laws applicable to the National Park System.
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.
The land exchange under subparagraph (A) shall be subject to such terms and conditions as the Secretary may require.
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.
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.
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.
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.
Land acquired by the Secretary under subparagraph (A) shall—
become part of the National Park; and
be administered in accordance with the laws applicable to the National Park System.
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
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.
Source credit: (Pub. L. 111–11, title VII, § 7107, Mar. 30, 2009, 123 Stat. 1193.)
- 2009Enacted · Pub. L. 111-11 · 123 Stat. 1193
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-11 on 2009-03-30.
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