Loading (50 kb)...'

(continued)
officers in said park and held pending prosecution of any person or
persons arrested under the charge of violating the provisions of
this Act, and upon conviction under this Act of such person or
persons using said guns, traps, nets, seines, fishing tackle,
teams, horses, or other means of transportation, such forfeiture
shall be adjudicated as a penalty in addition to the other
punishment prescribed in this Act. Such forfeited property shall be
disposed of and accounted for by and under the authority of the
Secretary of the Interior: Provided, That the forfeiture of teams,
horses, or other means of transportation shall be in the discretion
of the court.

-SOURCE-
(Mar. 6, 1942, ch. 150, Sec. 4, 56 Stat. 134.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 6, 1942, which is
classified to sections 408i to 408q of this title. For complete
classification of this Act to the Code, see Tables.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 408k of this title.

-End-



-CITE-
16 USC Secs. 408m to 408q 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LII - ISLE ROYALE NATIONAL PARK

-HEAD-
Secs. 408m to 408q. Repealed. June 25, 1948, ch. 646, Sec. 39, 62
Stat. 992, eff. Sept. 1, 1948

-MISC1-
Section 408m, acts Mar. 6, 1942, ch. 150, Sec. 5, 56 Stat. 134;
Apr. 21, 1948, ch. 223, Sec. 1, 62 Stat. 196, related to
appointment and jurisdiction of commissioner. See provisions
covering United States magistrate judges in section 631 et seq. of
Title 28, Judiciary and Judicial Procedure.
Section 408n, act Mar. 6, 1942, ch. 150, Sec. 6, 56 Stat. 135,
related to issuance of process. See sections 3041 and 3141 of Title
18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of
Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 408o, act Mar. 6, 1942, ch. 150, Sec. 7, 56 Stat. 135,
related to commissioner's [now magistrate judge's] salary. See
section 634 of Title 28, Judiciary and Judicial Procedure.
Section 408p, act Mar. 6, 1942, ch. 150, Sec. 8, 56 Stat. 135,
related to fees, costs, and expenses against United States. See
section 604 of Title 28.
Section 408q, act Mar. 6, 1942, ch. 150, Sec. 9, 56 Stat. 135,
related to disposition of fines and costs. See section 634 of Title
28.

-End-


-CITE-
16 USC SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL
PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-End-



-CITE-
16 USC Sec. 409 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409. Establishment; acquisition of land

-STATUTE-
When title to all the lands, structures, and other property in
the military camp-ground areas and other areas of Revolutionary War
interest at and in the vicinity of Morristown, New Jersey, as shall
be designated by the Secretary of the Interior, in the exercise of
his discretion, as necessary or desirable for national-park
purposes, shall have been vested in the United States, such areas
shall be, and they are, established, dedicated, and set apart as a
public park for the benefit and enjoyment of the people and shall
be known as the Morristown National Historical Park: Provided, That
the United States shall not purchase by appropriation of public
moneys any lands within the aforesaid areas, but such lands shall
be secured by the United States only by public or private donation:
And provided further, That such areas shall include, at least,
Jockey Hollow camp site, now owned by Lloyd W. Smith and the town
of Morristown, Fort Nonsense, now owned by the town of Morristown,
and the George Washington Headquarters, known as the Ford House,
with its museum and other personal effects and its grounds, now
owned by the Washington Association of New Jersey.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 1, 47 Stat. 1421.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 409i of this title.

-End-



-CITE-
16 USC Sec. 409a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409a. Acceptance of title to lands

-STATUTE-
The Secretary of the Interior is authorized to accept donations
of land, interest in land, buildings, structures, and other
property within the boundaries of said park as determined and fixed
hereunder and donations of funds for the purchase and/or
maintenance thereof, the title and evidence of title to lands
purchased to be satisfactory to the Secretary of the Interior:
Provided, That the Secretary of the Interior is authorized, in his
discretion, to accept on behalf of the United States other lands,
easements, and buildings of Revolutionary War interest in Morris
and adjacent counties in New Jersey as may be donated for the
extension of the Morristown National Historical Park.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 2, 47 Stat. 1421.)

-End-



-CITE-
16 USC Sec. 409b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409b. George Washington headquarters; maintenance

-STATUTE-
After the acquisition of the museum and other personal effects of
the said Washington Association by the United States, including
such other manuscripts, books, paintings, and other relics of
historical value pertaining to George Washington and the
Revolutionary War as may be donated to the United States, such
museum and library shall forever be maintained as a part of said
Morristown National Historical Park.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 3, 47 Stat. 1422.)

-End-



-CITE-
16 USC Sec. 409c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409c. Board of advisers

-STATUTE-
The Washington Association of New Jersey, Lloyd W. Smith, and the
town of Morristown having, by their patriotic and active interest
in conserving for posterity these important historical areas and
objects, the board of trustees and the executive committee of the
said association, together with Mrs. Willard W. Cutler, its
curator, and Clyde Potts, at present mayor of Morristown, shall
hereafter act as a board of advisers in the maintenance of said
park. The said association shall have the right to hold its
meetings in said Ford House.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 4, 47 Stat. 1422.)

-End-



-CITE-
16 USC Sec. 409d 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409d. Employees of Washington Association of New Jersey

-STATUTE-
Employees of the said Washington Association, who were, prior to
March 2, 1933, charged with the care and development of the said
Ford House and its museum and other effects, may, in the discretion
of the Secretary of the Interior, hereafter be employed by the
National Park Service in the administration, protection, and
development of the said park without regard to the laws of the
United States applicable to the employment and compensation of
officers and employees of the United States.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 5, 47 Stat. 1422.)

-End-



-CITE-
16 USC Sec. 409e 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409e. Administration, protection, and development

-STATUTE-
The administration, protection, and development of aforesaid
national historical park shall be exercised under the direction of
the Secretary of the Interior by the National Park Service, subject
to the provisions of sections 1, 2, 3, and 4 of this title, as
amended.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 6, 47 Stat. 1422.)

-COD-
CODIFICATION
The proviso formerly at end of this section limited
appropriations for fiscal years 1934, 1935, and 1936, to $7,500.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.

-End-



-CITE-
16 USC Sec. 409f 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409f. Jurisdiction of New Jersey in civil, criminal and
legislative matters retained; citizenship unaffected

-STATUTE-
Nothing in this subchapter shall be held to deprive the State of
New Jersey, or any political subdivision thereof, of its civil and
criminal jurisdiction in and over the areas included in said
national historical park, nor shall this subchapter in any way
impair or affect the rights of citizenship of any resident therein;
and save and except as the consent of the State of New Jersey may
be hereafter given, the legislative authority of said State in and
over all areas included within such national historical park shall
not be diminished or affected by the creation of said park, nor by
any terms and provisions of this subchapter.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 7, 47 Stat. 1422.)

-End-



-CITE-
16 USC Sec. 409g 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409g. Additional lands

-STATUTE-
In order to preserve for the benefit and inspiration of the
public certain lands historically associated with the winter
encampment of General George Washington's Continental Army at
Jockey Hollow in 1779 and 1780, and to facilitate the
administration and interpretation of the Morristown National
Historical Park, the Secretary of the Interior is authorized to
procure by purchase, donation, purchase with appropriated funds, or
otherwise, not to exceed 615 acres of land and interests therein
which 615 acres shall include Stark's Brigade campsite and other
lands necessary for the proper administration and interpretation of
the Morristown National Historical Park: Provided, That title to
the property known as the Cross estate may not be accepted until
the property is vacant.

-SOURCE-
(Pub. L. 88-601, Sec. 1, Sept. 18, 1964, 78 Stat. 957; Pub. L.
93-477, title III, Sec. 301(6), Oct. 26, 1974, 88 Stat. 1447; Pub.
L. 94-578, title III, Sec. 315, Oct. 21, 1976, 90 Stat. 2737; Pub.
L. 102-118, Sec. 1, Oct. 4, 1991, 105 Stat. 586.)

-COD-
CODIFICATION
Section was not enacted as a part of act Mar. 2, 1933, ch. 182,
47 Stat. 1421, as amended, which comprises this subchapter.


-MISC1-
AMENDMENTS
1991 - Pub. L. 102-118 substituted "615 acres" for "600 acres" in
two places.
1976 - Pub. L. 94-578 substituted "600 acres" for "465 acres" in
two places.
1974 - Pub. L. 93-477 substituted "465 acres" for "two hundred
and eighty-one acres" in two places and inserted proviso relating
to property known as the Cross estate.

AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LANDS
Section 3 of Pub. L. 88-601, as amended by Pub. L. 93-477, title
I, Sec. 101(8), Oct. 26, 1974, 88 Stat. 1445, provided that: "There
are authorized to be appropriated such sums, but not more than
$2,111,000 for acquisition of lands and interests in land, as may
be necessary to carry out the purposes of this Act [sections 409g
and 409h of this title]."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 409h of this title.

-End-



-CITE-
16 USC Sec. 409h 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409h. Administration of additional lands

-STATUTE-
Lands acquired pursuant to this section and section 409g of this
title, unless exchanged pursuant to section 409g of this title,
shall constitute a part of the Morristown National Historical Park,
and be administered in accordance with the laws and regulations
applicable to such park.

-SOURCE-
(Pub. L. 88-601, Sec. 2, Sept. 18, 1964, 78 Stat. 957.)

-COD-
CODIFICATION
Section was not enacted as part of act Mar. 2, 1933, ch. 182, 47
Stat. 1421, as amended, which comprises this subchapter.

-End-



-CITE-
16 USC Sec. 409i 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIII - MORRISTOWN NATIONAL HISTORICAL PARK

-HEAD-
Sec. 409i. Acquisition of Warren Property for Morristown National
Historical Park

-STATUTE-
(a) In addition to any other lands or interest authorized to be
acquired for inclusion in Morristown National Historical Park, and
notwithstanding the first proviso of section 409 of this title, the
Secretary of the Interior may acquire by purchase, donation,
purchase with appropriated funds, or otherwise, not to exceed 15
acres of land and interests therein comprising the property known
as the Warren Property or Mount Kimble. The Secretary may expend
such sums as may be necessary for such acquisition.
(b) Any lands or interests acquired under this section shall be
included in and administered as part of the Morristown National
Historical Park.

-SOURCE-
(Mar. 2, 1933, ch. 182, Sec. 8, as added Pub. L. 105-355, title V,
Sec. 508, Nov. 6, 1998, 112 Stat. 3264.)

-End-


-CITE-
16 USC SUBCHAPTER LIV - EVERGLADES NATIONAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-End-



-CITE-
16 USC Sec. 410 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
Sec. 410. Establishment; acquisition of land

-STATUTE-
When title to all the lands within boundaries to be determined by
the Secretary of the Interior within the area of approximately two
thousand square miles in the region of the Everglades of Dade,
Monroe, and Collier Counties, in the State of Florida, recommended
by said Secretary, in his report to Congress of December 3, 1930,
pursuant to the Act of March 1, 1929 (45 Stat. 1443), shall have
been vested in the United States, said lands shall be, and are,
established, dedicated, and set apart as a public park for the
benefit and enjoyment of the people and shall be known as the
Everglades National Park: Provided, That the United States shall
not purchase by appropriation of public moneys any land within the
aforesaid area, but such lands shall be secured by the United
States only by public or private donation.

-SOURCE-
(May 30, 1934, ch. 371, Sec. 1, 48 Stat. 816.)

-REFTEXT-
REFERENCES IN TEXT
Act of March 1, 1929 (45 Stat. 1443), referred to in text, is act
Mar. 1, 1929, ch. 446, 45 Stat. 1443, which is not classified to
the Code.


-MISC1-
MICCOSUKEE RESERVED AREA
Pub. L. 105-313, Oct. 30, 1998, 112 Stat. 2964, provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Miccosukee Reserved Area Act'.

"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Since 1964, the Miccosukee Tribe of Indians of Florida
have lived and governed their own affairs on a strip of land on
the northern edge of the Everglades National Park pursuant to
permits from the National Park Service and other legal authority.
The current permit expires in 2014.
"(2) Since the commencement of the Tribe's permitted use and
occupancy of the Special Use Permit Area, the Tribe's membership
has grown, as have the needs and desires of the Tribe and its
members for modern housing, governmental and administrative
facilities, schools and cultural amenities, and related
structures.
"(3) The United States, the State of Florida, the Miccosukee
Tribe, and the Seminole Tribe of Florida are participating in a
major intergovernmental effort to restore the South Florida
ecosystem, including the restoration of the environment of the
Park.
"(4) The Special Use Permit Area is located within the northern
boundary of the Park, which is critical to the protection and
restoration of the Everglades, as well as to the cultural values
of the Miccosukee Tribe.
"(5) The interests of both the Miccosukee Tribe and the United
States would be enhanced by a further delineation of the rights
and obligations of each with respect to the Special Use Permit
Area and to the Park as a whole.
"(6) The amount and location of land allocated to the Tribe
fulfills the purposes of the Park.
"(7) The use of the Miccosukee Reserved Area by the Miccosukee
Tribe does not constitute an abandonment of the Park.

"SEC. 3. PURPOSES.
"The purposes of this Act are as follows:
"(1) To replace the special use permit with a legal framework
under which the Tribe can live permanently and govern the Tribe's
own affairs in a modern community within the Park.
"(2) To protect the Park outside the boundaries of the
Miccosukee Reserved Area from adverse effects of structures or
activities within that area, and to support restoration of the
South Florida ecosystem, including restoring the environment of
the Park.

"SEC. 4. DEFINITIONS.
"In this Act:
"(1) Administrator. - The term 'Administrator' means the
Administrator of the Environmental Protection Agency.
"(2) Everglades. - The term 'Everglades' means the areas within
the Florida Water Conservation Areas, Everglades National Park,
and Big Cypress National Preserve.
"(3) Federal agency. - The term 'Federal agency' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
"(4) Miccosukee reserved area; mra. -
"(A) In general. - The term 'Miccosukee Reserved Area' or
'MRA' means, notwithstanding any other provision of law and
subject to the limitations specified in section 6(d) of this
Act, the portion of the Everglades National Park described in
subparagraph (B) that is depicted on the map entitled
'Miccosukee Reserved Area' numbered NPS-160/41,038, and dated
September 30, 1998, copies of which shall be kept available for
public inspection in the offices of the National Park Service,
Department of the Interior, and shall be filed with appropriate
officers of Miami-Dade County and the Miccosukee Tribe of
Indians of Florida.
"(B) Description. - The description of the lands referred to
in subparagraph (A) is as follows: 'Beginning at the western
boundary of Everglades National Park at the west line of sec.
20, T. 54 S., R. 35 E., thence E. following the Northern
boundary of said Park in T. 54 S., Rs. 35 and 36 E., to a point
in sec. 19, T. 54 S., R. 36 E., 500 feet west of the existing
road known as Seven Mile Road, thence 500 feet south from said
point, thence west paralleling the Park boundary for 3,200
feet, thence south for 600 feet, thence west, paralleling the
Park boundary to the west line of sec. 20, T. 54 S., R. 35 E.,
thence N. 1,100 feet to the point of beginning.'.
"(5) Park. - The term 'Park' means the Everglades National
Park, including any additions to that Park.
"(6) Permit. - The term 'permit', unless otherwise specified,
means any federally issued permit, license, certificate of public
convenience and necessity, or other permission of any kind.
"(7) Secretary. - The term 'Secretary' means the Secretary of
the Interior or the designee of the Secretary.
"(8) South florida ecosystem. - The term 'South Florida
ecosystem' has the meaning given that term in section 528(a)(4)
of the Water Resources Development Act of 1996 (Public Law
104-303) [110 Stat. 3767].
"(9) Special use permit area. - The term 'special use permit
area' means the area of 333.3 acres on the northern boundary of
the Park reserved for the use, occupancy, and governance of the
Tribe under a special use permit before the date of the enactment
of this Act [Oct. 30, 1998].
"(10) Tribe. - The term 'Tribe', unless otherwise specified,
means the Miccosukee Tribe of Indians of Florida, a tribe of
American Indians recognized by the United States and organized
under section 16 of the Act of June 18, 1934 (48 Stat. 987; 25
U.S.C. 476), and recognized by the State of Florida pursuant to
chapter 285, Florida Statutes.
"(11) Tribal. - The term 'tribal' means of or pertaining to the
Miccosukee Tribe of Indians of Florida.
"(12) Tribal chairman. - The term 'tribal chairman' means the
duly elected chairman of the Miccosukee Tribe of Indians of
Florida, or the designee of that chairman.

"SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE MICCOSUKEE RESERVED
AREA.
"(a) Special Use Permit Terminated. -
"(1) Termination. - The special use permit dated February 1,
1973, issued by the Secretary to the Tribe, and any amendments to
that permit, are terminated.
"(2) Expansion of special use permit area. - The geographical
area contained in the former special use permit area referred to
in paragraph (1) shall be expanded pursuant to this Act and known
as the Miccosukee Reserved Area.
"(3) Governance of affairs in miccosukee reserved area. -
Subject to the provisions of this Act and other applicable
Federal law, the Tribe shall govern its own affairs and otherwise
make laws and apply those laws in the MRA as though the MRA were
a Federal Indian reservation.
"(b) Perpetual Use and Occupancy. - The Tribe shall have the
exclusive right to use and develop the MRA in perpetuity in a
manner consistent with this Act for purposes of the administration,
education, housing, and cultural activities of the Tribe, including
commercial services necessary to support those purposes.
"(c) Indian Country Status. - The MRA shall be -
"(1) considered to be Indian country (as that term is defined
in section 1151 of title 18, United States Code); and
"(2) treated as a federally recognized Indian reservation
solely for purposes of -
"(A) determining the authority of the Tribe to govern its own
affairs and otherwise make laws and apply those laws within the
MRA; and
"(B) the eligibility of the Tribe and its members for any
Federal health, education, employment, economic assistance,
revenue sharing, or social welfare programs, or any other
similar Federal program for which Indians are eligible because
of their -
"(i) status as Indians; and
"(ii) residence on or near an Indian reservation.
"(d) Exclusive Federal Jurisdiction Preserved. - The exclusive
Federal legislative jurisdiction as applied to the MRA as in effect
on the date of the enactment of this Act [Oct. 30, 1998] shall be
preserved. The Act of August 15, 1953, 67 Stat. 588, chapter 505
[see Tables for classification] and the amendments made by that
Act, including section 1162 of title 18, United States Code, as
added by that Act and section 1360 of title 28, United States Code,
as added by that Act, shall not apply with respect to the MRA.
"(e) Other Rights Preserved. - Nothing in this Act shall affect
any rights of the Tribe under Federal law, including the right to
use other lands or waters within the Park for other purposes,
including, fishing, boating, hiking, camping, cultural activities,
or religious observances.

"SEC. 6. PROTECTION OF EVERGLADES NATIONAL PARK.
"(a) Environmental Protection and Access Requirements. -
"(1) In general. - The MRA shall remain within the boundaries
of the Park and be a part of the Park in a manner consistent with
this Act.
"(2) Compliance with applicable laws. - The Tribe shall be
responsible for compliance with all applicable laws, except as
otherwise provided by this Act.
"(3) Prevention of degradation; abatement. -
"(A) Prevention of degradation. - Pursuant to the
requirements of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Tribe shall prevent and abate
degradation of the quality of surface or groundwater that is
released into other parts of the Park, as follows:
"(i) With respect to water entering the MRA which fails to
meet applicable water quality standards approved by the
Administrator under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), actions of the Tribe shall not
further degrade water quality.
"(ii) With respect to water entering the MRA which meets
applicable water quality standards approved by the
Administrator under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Tribe shall not cause the water
to fail to comply with applicable water quality standards.
"(B) Prevention and abatement. - The Tribe shall prevent and
abate disruption of the restoration or preservation of the
quantity, timing, or distribution of surface or groundwater
that would enter the MRA and flow, directly or indirectly, into
other parts of the Park, but only to the extent that such
disruption is caused by conditions, activities, or structures
within the MRA.
"(C) Prevention of significant propagation of exotic plants
and animals. - The Tribe shall prevent significant propagation
of exotic plants or animals outside the MRA that may otherwise
be caused by conditions, activities, or structures within the
MRA.
"(D) Public access to certain areas of the park. - The Tribe
shall not impede public access to those areas of the Park
outside the boundaries of the MRA, and to and from the Big
Cypress National Preserve, except that the Tribe shall not be
required to allow individuals who are not members of the Tribe
access to the MRA other than Federal employees, agents,
officers, and officials (as provided in this Act).
"(E) Prevention of significant cumulative adverse
environmental impacts. -
"(i) In general. - The Tribe shall prevent and abate any
significant cumulative adverse environmental impact on the
Park outside the MRA resulting from development or other
activities within the MRA.
"(ii) Procedures. - Not later than 12 months after the date
of the enactment of this Act [Oct. 30, 1998], the Tribe shall
develop, publish, and implement procedures that shall ensure
adequate public notice and opportunity to comment on major
tribal actions within the MRA that may contribute to a
significant cumulative adverse impact on the Everglades
ecosystem.
"(iii) Written notice. - The procedures in clause (ii)
shall include timely written notice to the Secretary and
consideration of the Secretary's comments.
"(F) Water quality standards. -
"(i) In general. - Not later than 12 months after the date
of the enactment of this Act [Oct. 30, 1998], the Tribe shall
adopt and comply with water quality standards within the MRA
that are at least as protective as the water quality
standards for the area encompassed by Everglades National
Park approved by the Administrator under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
"(ii) Tribal water quality standards. - The Tribe may not
adopt water quality standards for the MRA under clause (i)
that are more restrictive than the water quality standards
adopted by the Tribe for contiguous reservation lands that
are not within the Park.
"(iii) Effect of failure to adopt or prescribe standards. -
In the event the Tribe fails to adopt water quality standards
referred to in clause (i), the water quality standards
applicable to the Everglades National Park, approved by the
Administrator under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), shall be deemed to apply by
operation of Federal law to the MRA until such time as the
Tribe adopts water quality standards that meet the
requirements of this subparagraph.
"(iv) Modification of standards. - If, after the date of
the enactment of this Act [Oct. 30, 1998], the standards
referred to in clause (iii) are revised, not later than 1
year after those standards are revised, the Tribe shall make
such revisions to water quality standards of the Tribe as are
necessary to ensure that those water quality standards are at
least as protective as the revised water quality standards
approved by the Administrator.
"(v) Effect of failure to modify water quality standards. -
If the Tribe fails to revise water quality standards in
accordance with clause (iv), the revised water quality
standards applicable to the Everglades Park, approved by the
Administrator under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) shall be deemed to apply by
operation of Federal law to the MRA until such time as the
Tribe adopts water quality standards that are at least as
protective as the revised water quality standards approved by
the Administrator.
"(G) Natural easements. - The Tribe shall not engage in any
construction, development, or improvement in any area that is
designated as a natural easement.
"(b) Height Restrictions. -
"(1) Restrictions. - Except as provided in paragraphs (2)
through (4), no structure constructed within the MRA shall exceed
the height of 45 feet or exceed 2 stories, except that a
structure within the Miccosukee Government Center, as shown on
the map referred to in section 4(4), shall not exceed the height
of 70 feet.
"(2) Exceptions. - The following types of structures are exempt
from the restrictions of this section to the extent necessary for
the health, safety, or welfare of the tribal members, and for the
utility of the structures:
"(A) Water towers or standpipes.
"(B) Radio towers.
"(C) Utility lines.
"(3) Waiver. - The Secretary may waive the restrictions of this
subsection if the Secretary finds that the needs of the Tribe for
the structure that is taller than structures allowed under the
restrictions would outweigh the adverse effects to the Park or
its visitors.
"(4) Grandfather clause. - Any structure approved by the
Secretary before the date of the enactment of this Act [Oct. 30,
1998], and for which construction commences not later than 12
months after the date of the enactment of this Act, shall not be
subject to the provisions of this subsection.
"(5) Measurement. - The heights specified in this subsection
shall be measured from mean sea level.
"(c) Other Conditions. -
"(1) Gaming. - No class II or class III gaming (as those terms
are defined in section 4(7) and (8) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(7) and (8)) shall be conducted
within the MRA.
"(2) Aviation. -
"(A) In general. - No commercial aviation may be conducted
from or to the MRA.
"(B) Emergency operators. - Takeoffs and landings of aircraft
shall be allowed for emergency operations and administrative
use by the Tribe or the United States, including resource
management and law enforcement.
"(C) State agencies and officials. - The Tribe may permit the
State of Florida, as agencies or municipalities of the State of
Florida to provide for takeoffs or landings of aircraft on the
MRA for emergency operations or administrative purposes.
"(3) Visual quality. -
"(A) In general. - In the planning, use, and development of
the MRA by the Tribe, the Tribe shall consider the quality of
the visual experience from the Shark River Valley visitor use
area, including limitations on the height and locations of
billboards or other commercial signs or other advertisements
visible from the Shark Valley visitor center, tram road, or
observation tower.
"(B) Exemption of markings. - The Tribe may exempt markings
on a water tower or standpipe that merely identify the Tribe.
"(d) Easements and Ranger Station. - Notwithstanding any other
provision of this Act, the following provisions shall apply:
"(1) Natural easements. -
"(A) In general. - The use and occupancy of the MRA by the
Tribe shall be perpetually subject to natural easements on
parcels of land that are -
"(i) bounded on the north and south by the boundaries of
the MRA, specified in the legal description under section
4(4); and
"(ii) bounded on the east and west by boundaries that run
perpendicular to the northern and southern boundaries of the
MRA, as provided in the description under subparagraph (B).
"(B) Description. - The description referred to in
subparagraph (A)(ii) is as follows:
"(i) Easement number 1, being 445 feet wide with western
boundary 525 feet, and eastern boundary 970 feet, east of the
western boundary of the MRA.
"(ii) Easement number 2, being 443 feet wide with western
boundary 3,637 feet, and eastern boundary 4,080 feet, east of
the western boundary of the MRA.
"(iii) Easement number 3, being 320 feet wide with western
boundary 5,380 feet, and eastern boundary 5,700 feet, east of
the western boundary of the MRA.
"(iv) Easement number 4, being 290 feet wide with western
boundary 6,020 feet, and eastern boundary 6,310 feet, east of
the western boundary of the MRA.
"(v) Easement number 5, being 290 feet wide with western
boundary 8,170 feet, and eastern boundary 8,460 feet, east of
the western boundary of the MRA.
"(vi) Easement number 6, being 312 feet wide with western
boundary 8,920 feet, and eastern boundary 9,232 feet, east of
the western boundary of the MRA.
"(2) Extent of easements. - The aggregate extent of the
east-west parcels of lands subject to easements under paragraph
(1) shall not exceed 2,100 linear feet, as depicted on the map
referred to in section 4(4).
"(3) Use of easements. - At the discretion of the Secretary,
the Secretary may use the natural easements specified in
paragraph (1) to fulfill a hydrological or other environmental
objective of the Everglades National Park.
"(4) Additional requirements. - In addition to providing for
the easements specified in paragraph (1), the Tribe shall not
impair or impede the continued function of the water control
structures designated as 'S-12A' and 'S-12B', located north of
the MRA on the Tamiami Trail and any existing water flow ways
under the Old Tamiami Trail.
"(5) Use by department of the interior. - The Department of the
Interior shall have a right, in perpetuity, to use and occupy,
and to have vehicular and airboat access to, the Tamiami Ranger
Station identified on the map referred to in section 4(4), except
that the pad on which such station is constructed shall not be
increased in size without the consent of the Tribe.

"SEC. 7. IMPLEMENTATION PROCESS.
"(a) Government-to-Government Agreements. - The Secretary and the
tribal chairman shall make reasonable, good faith efforts to
implement the requirements of this Act. Those efforts may include
government-to-government consultations, and the development of
standards of performance and monitoring protocols.
"(b) Federal Mediation and Conciliation Service. - If the
Secretary and the tribal chairman concur that they cannot reach
agreement on any significant issue relating to the implementation
of the requirements of this Act, the Secretary and the tribal
chairman may jointly request that the Federal Mediation and
Conciliation Service assist them in reaching a satisfactory
agreement.
"(c) 60-Day Time Limit. - The Federal Mediation and Conciliation
Service may conduct mediation or other nonbinding dispute
resolution activities for a period not to exceed 60 days beginning
on the date on which the Federal Mediation and Conciliation Service
receives the request for assistance, unless the Secretary and the
tribal chairman agree to an extension of period of time.
"(d) Other Rights Preserved. - The facilitated dispute resolution
specified in this section shall not prejudice any right of the
parties to -
"(1) commence an action in a court of the United States at any
time; or
"(2) any other resolution process that is not prohibited by
law.

"SEC. 8. MISCELLANEOUS.
"(a) No General Applicability. - Nothing in this Act creates any
right, interest, privilege, or immunity affecting any other Tribe
or any other park or Federal lands.
"(b) Noninterference With Federal Agents. -
"(1) In general. - Federal employees, agents, officers, and
officials shall have a right of access to the MRA -
"(A) to monitor compliance with the provisions of this Act;
and
"(B) for other purposes, as though it were a Federal Indian
reservation.
"(2) Statutory construction. - Nothing in this Act shall
authorize the Tribe or members or agents of the Tribe to
interfere with any Federal employee, agent, officer, or official
in the performance of official duties (whether within or outside
the boundaries of the MRA) except that nothing in this paragraph
may prejudice any right under the Constitution of the United
States.
"(c) Federal Permits. -
"(1) In general. - No Federal permit shall be issued to the
Tribe for any activity or structure that would be inconsistent
with this Act.
"(2) Consultations. - Any Federal agency considering an
application for a permit for construction or activities on the
MRA shall consult with, and consider the advice, evidence, and
recommendations of the Secretary before issuing a final decision.
"(3) Rule of construction. - Except as otherwise specifically
provided in this Act, nothing in this Act supersedes any
requirement of any other applicable Federal law.
"(d) Volunteer Programs and Tribal Involvement. - The Secretary
may establish programs that foster greater involvement by the Tribe
with respect to the Park. Those efforts may include internships and
volunteer programs with tribal schoolchildren and with adult tribal
members.
"(e) Saving Ecosystem Restoration. -
"(1) In general. - Nothing in this Act shall be construed to
amend or prejudice the authority of the United States to design,
construct, fund, operate, permit, remove, or degrade canals,
levees, pumps, impoundments, wetlands, flow ways, or other
facilities, structures, or systems, for the restoration or
protection of the South Florida ecosystem pursuant to Federal
laws.
"(2) Use of noneasement lands. -
"(A) In general. - The Secretary may use all or any part of
the MRA lands to the extent necessary to restore or preserve
the quality, quantity, timing, or distribution of surface or
groundwater, if other reasonable alternative measures to
achieve the same purpose are impractical.
"(B) Secretarial authority. - The Secretary may use lands
referred to in subparagraph (A) either under an agreement with
the tribal chairman or upon an order of the United States
district court for the district in which the MRA is located,
upon petition by the Secretary and finding by the court that -
"(i) the proposed actions of the Secretary are necessary;
and
"(ii) other reasonable alternative measures are
impractical.
"(3) Costs. -
"(A) In general. - In the event the Secretary exercises the
authority granted the Secretary under paragraph (2), the United
States shall be liable to the Tribe or the members of the Tribe
for -
"(i) cost of modification, removal, relocation, or
reconstruction of structures lawfully erected in good faith
on the MRA; and
"(ii) loss of use of the affected land within the MRA.
"(B) Payment of compensation. - Any compensation paid under
subparagraph (A) shall be paid as cash payments with respect to
taking structures and other fixtures and in the form of rights
to occupy similar land adjacent to the MRA with respect to
taking land.
"(4) Rule of construction. - Paragraphs (2) and (3) shall not
apply to a natural easement described in section 6(d)(1).
"(f) Parties Held Harmless. -
"(1) United states held harmless. -
"(A) In general. - Subject to subparagraph (B) with respect
to any tribal member, tribal employee, tribal contractor,
tribal enterprise, or any person residing within the MRA,
notwithstanding any other provision of law, the United States
(including an officer, agent, or employee of the United
States), shall not be liable for any action or failure to act
by the Tribe (including an officer, employee, or member of the
Tribe), including any failure to perform any of the obligations
of the Tribe under this Act.
"(B) Rule of construction. - Nothing in this paragraph shall
be construed to alter any liability or other obligation that
the United States may have under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.).
"(2) Tribe held harmless. - Notwithstanding any other provision
of law, the Tribe and the members of the Tribe shall not be
liable for any injury, loss, damage, or harm that -
"(A) occurs with respect to the MRA; and
"(B) is caused by an action or failure to act by the United
States, or the officer, agent, or employee of the United States
(including the failure to perform any obligation of the United
States under this Act).
"(g) Cooperative Agreements. - Nothing in this Act shall alter
the authority of the Secretary and the Tribe to enter into any
cooperative agreement, including any agreement concerning law
enforcement, emergency response, or resource management.
"(h) Water Rights. - Nothing in this Act shall enhance or
diminish any water rights of the Tribe, or members of the Tribe, or
the United States (with respect to the Park).
"(i) Enforcement. -
"(1) Actions brought by attorney general. - The Attorney
General may bring a civil action in the United States district
court for the district in which the MRA is located, to enjoin the
Tribe from violating any provision of this Act.
"(2) Action brought by tribe. - The Tribe may bring a civil
action in the United States district court for the district in
which the MRA is located to enjoin the United States from
violating any provision of this Act."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410a, 410b, 410d, 410i,
410j of this title.

-End-



-CITE-
16 USC Sec. 410a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
Sec. 410a. Acceptance of title to lands

-STATUTE-
The Secretary of the Interior is authorized, in his discretion
and upon submission of evidence of title satisfactory to him, to
accept on behalf of the United States, title to the lands referred
to in section 410 of this title as may be deemed by him necessary
or desirable for national-park purposes: Provided, That no land for
said park shall be accepted until exclusive jurisdiction over the
entire park area, in form satisfactory to the Secretary of the
Interior, shall have been ceded by the State of Florida to the
United States.

-SOURCE-
(May 30, 1934, ch. 371, Sec. 2, 48 Stat. 816.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410b, 410d of this title.

-End-



-CITE-
16 USC Sec. 410b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK

-HEAD-
Sec. 410b. Administration, protection, and development

-STATUTE-
The administration, protection, and development of the aforesaid
park shall be exercised under the direction of the Secretary of the
Interior by the National Park Service, subject to the provisions of
sections 1, 2, 3, and 4 of this title, as amended: Provided, That
the provisions of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to this park: Provided further, That nothing in
sections 410 to 410c of this title shall be construed to lessen any
existing rights of the Seminole Indians which are not in conflict
with the purposes for which the Everglades National Park is
created.

-SOURCE-
(May 30, 1934, ch. 371, Sec. 3, 48 Stat. 816; Aug. 21, 1937, ch. (continued)