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(continued)
732, 50 Stat. 742.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act approved June 10, 1920, known as the Federal Water Power
Act," and was redesignated as the Federal Power Act by section 791a
of this title. The Federal Power Act is act June 10, 1920, ch. 285,
41 Stat. 1063, as amended, and is classified generally to chapter
12 (Sec. 791a et seq.) of this title. For complete classification
of this Act to the Code, see section 791a of this title and Tables.
-MISC1-
AMENDMENTS
1937 - Act Aug. 21, 1937, struck out proviso which prohibited
expenditure of public moneys by the United States on the park
within a period of five years.
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410d of this title.
-End-
-CITE-
16 USC Sec. 410c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410c. Preservation of primitive condition
-STATUTE-
The said area or areas shall be permanently reserved as a
wilderness, and no development of the project or plan for the
entertainment of visitors shall be undertaken which will interfere
with the preservation intact of the unique flora and fauna and the
essential primitive natural conditions now prevailing in this area.
-SOURCE-
(May 30, 1934, ch. 371, Sec. 4, 48 Stat. 817.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410b, 410d of this title.
-End-
-CITE-
16 USC Sec. 410d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410d. Acceptance and protection of property pending
establishment of park; publication of establishment order
-STATUTE-
(a) 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.
(b) 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-
(Dec. 6, 1944, ch. 508, 58 Stat. 794.)
-REFTEXT-
REFERENCES IN TEXT
Act of March 1, 1929 (45 Stat. 1443), referred to in subsec. (a),
is act Mar. 1, 1929, ch. 446, 45 Stat. 1443, which is not
classified to the Code.
-End-
-CITE-
16 USC Sec. 410e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410e. Acquisition of additional lands; reservation of oil,
gas, and mineral rights; reservation of royalty rights
-STATUTE-
In order to consolidate the Federal ownership of lands within the
boundary set forth in deed numbered 19035 executed December 28,
1944, by the trustees of the Internal Improvement Fund of the State
of Florida, and accepted by the Secretary of the Interior on March
14, 1947, for Everglades National Park purposes, the said Secretary
is authorized, within the aforesaid boundary and with any funds
made available for that purpose, to procure lands or interests
therein by purchase or otherwise, subject, however, to the right of
retention by owners of lands, interests in lands, interests in oil,
gas, and mineral rights, or royalties, their heirs, executors,
administrators, successors, or assigns (hereinafter referred to as
"owners"), at their election, of the following:
(1) The reservation until October 9, 1958, of all oil, gas, and
mineral rights or interests, including the right to lease,
explore for, produce, store, and remove oil, gas, and other
minerals from such lands: Provided, That if on or before said
date, oil, gas, or other minerals are being produced in
commercial quantities anywhere within the boundary set forth in
aforesaid deed numbered 19035, then in that event the time of the
reservation as set forth in this subsection shall automatically
extend for all owners, regardless of whether such production is
from land in which such owners have an interest, for so long as
oil, gas, or other minerals are produced in commercial quantities
anywhere within said boundary. To exercise this reservation, the
owners, their lessees, agents, employees, and assigns shall have
such right of ingress and egress to and from such lands as may be
necessary; and
(2) After the termination of the reserved rights of owners as
set forth in subsection (1) of this section, a further
reservation of the right to customary royalties, applying at the
time of production, in any oil, gas, or other minerals which may
be produced from such lands at any time before January 1, 1985,
should production ever be authorized by the Federal Government or
its assigns.
-SOURCE-
(Oct. 10, 1949, ch. 659, Sec. 1, 63 Stat. 733.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410f, 410g, 410h, 410j,
410o, 410p of this title.
-End-
-CITE-
16 USC Sec. 410f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410f. Limitation of Federal action during reservation period
-STATUTE-
Unless consented to by an owner retaining the reservation set
forth in subsection (1) of section 410e of this title, no action
shall be taken by the Federal Government during the period of such
reservation to purchase, acquire, or otherwise terminate or
interfere with any lease or leases which may be applicable to said
owner's lands.
-SOURCE-
(Oct. 10, 1949, ch. 659, Sec. 2, 63 Stat. 734.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410h, 410j, 410o, 410p of
this title.
-End-
-CITE-
16 USC Sec. 410g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410g. Rules and regulations governing reservation rights
-STATUTE-
Any reservations retained under the provisions of subsection (1)
of section 410e of this title shall be exercised by the owners
subject to reasonable rules and regulations which the Secretary may
prescribe for the protection of the park, but which shall permit
the reserved rights to be exercised so that the oil, gas, and
minerals may be explored for, developed, extracted, and removed
from the park area in accordance with sound conservation practices.
All operations shall be carried on under such regulations as the
Secretary may prescribe to protect the lands and areas for park
purposes.
-SOURCE-
(Oct. 10, 1949, ch. 659, Sec. 3, 63 Stat. 734.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410h, 410j, 410o, 410p of
this title.
-End-
-CITE-
16 USC Sec. 410h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410h. Ascertainment of owners' election regarding reservation
rights
-STATUTE-
In any action caused by the Secretary of the Interior to be
commenced for the acquisition of lands under the provisions hereof,
reasonable diligence shall be exercised by him to ascertain whether
owners elect to retain reservations in accordance with the
provisions of sections 410e to 410h of this title. If, after the
exercise of such reasonable diligence, owners cannot be located, or
do not appear in judicial proceedings to acquire the lands, so that
it may be ascertained whether they desire to retain reservations in
accordance with the provisions hereof, the Secretary may acquire
the fee simple title to their lands free and clear of reservations
as set forth in subsections (1) and (2) of section 410e of this
title.
-SOURCE-
(Oct. 10, 1949, ch. 659, Sec. 4, 63 Stat. 734.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410j, 410o, 410p of this
title.
-End-
-CITE-
16 USC Sec. 410i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410i. Exterior boundaries; administration
-STATUTE-
Notwithstanding section 410 of this title, or any action taken
pursuant to authority contained therein, the exterior boundary of
Everglades National Park, Florida, is subject to the provisions of
section 410o of this title, fixed to include the following
described lands:
(1) Beginning at the intersection of the south right-of-way
line of United States Highway Numbered 41, also known as the
Tamiami Trail, and the west line of township 54 south, range 37
east, as shown on the Everglades National Park base map numbered
NP-EVE-7109, revised August 10, 1949;
thence southerly along the west line of township 54 south,
range 37 east, along the west line of Government lot 6 lying
between township 54 south, and township 55 south, range 37 east,
and along the west line of township 55 south, range 37 east, and
township 56 south, range 37 east and along the west lines of
sections 6, 7, and 18, township 57 south, range 37 east, to the
southwest corner of section 18, said township and range;
thence easterly along the north line of section 19, 20, 21, 22,
and 23 of said township and range to the northeast corner of
section 23;
thence southerly along the east line of sections 23, 26, and 35
of said township and range to the southeast corner of said
section 35;
thence easterly along the south line of section 36, of said
township and range, to the southeast corner of said section 36;
thence southerly along the east line of sections 1, 12, 13, 24,
25, and 36, township 58 south, range 37 east, and along the west
line of sections 6, 7, and 18, township 59 south, range 38 east,
to the northwest corner of section 19, said township and range;
thence easterly along the north line of sections 19, 20, 21,
22, 23, and 24 of township 59 south, range 38 east, and sections
19 and 20 of township 59 south, range 39 east, to the southwest
right-of-way line of United States Highway Numbered 1;
thence southeasterly along the southwest right-of-way line of
United States Highway Numbered 1 to a point which is the
northerly point of a tract of land conveyed by the trustees of
the internal improvement fund, State of Florida, to John E.
Ravlin, and others, by deed dated November 5, 1943, recorded in
deed book G16, page 72, in Monroe County public records;
thence following along the westerly and southerly boundary of
said tract to its point of intersection with a line parallel with
and 200 feet northwesterly from the centerline of Intracoastal
Waterway near the southern point of said Ravlin tract;
thence southwesterly, following a line parallel to the
centerline of said Intracoastal Waterway and 200 feet
northwesterly from said centerline to a point due north of Long
Key Light, approximately longitude 80 degrees 50 minutes west,
latitude 24 degrees 51 minutes north;
thence northwesterly, following a line at all times parallel to
the centerline of said Intracoastal Waterway and 200 feet
northeasterly from said centerline to a point opposite the Oxford
Bank Light, approximately longitude 81 degrees 00 minutes 40
seconds west, latitude 24 degrees 59 minutes 10 seconds north;
thence northwesterly in a straight line to a point 3 miles due
south of the most southernmost point of East Cape (Cape Sable);
thence due north in a straight line to a point 2 miles due
south of the most southernmost point of East Cape (Cape Sable);
thence northwesterly in the Gulf of Mexico in a straight line
to a point 2 miles due west of the southeast corner of fractional
section 31 (Middle Cape), township 60 south, range 32 east;
thence northwesterly in a straight line to a point 2 miles due
west of the most westernmost point of Northwest Cape (Cape
Sable);
thence northeasterly in a straight line to a point 2 miles due
west of the northwest corner of fractional section 6, township 59
south, range 32 east;
thence northwesterly in a straight line to a point 2 miles due
west of the southwest corner of section 6, township 58 south,
range 32 east;
thence northwesterly in a straight line to a point 2 miles due
west of the northwest corner of fractional section 28, township
56 south, range 31 east;
thence northwesterly in a straight line to a point 3 miles due
west of the southwest corner of fractional section 32, township
54 south, range 30 east;
thence northwesterly in a straight line to the southwest corner
of section 28, township 53 south, range 28 east;
thence northerly along the west line of section 28, township 53
south, range 28 east, to the northwest corner of said section 28;
thence easterly along the north line of section 28, township 53
south, range 28 east, to the northeast corner of said section 28;
thence northerly along the west line of section 22, township 53
south, range 28 east, to the northwest corner of said section 22;
thence easterly along the north line of section 22, township 53
south, range 28 east, to the northeast corner of said section 22;
thence northerly along the west line of section 14, township 53
south, range 28 east, to the northwest corner of said section 14;
thence easterly along the north line of section 14, township 53
south, range 28 east, to the northeast corner of said section 14;
thence northerly along the west line of section 12, township 53
south, range 28 east, to the northwest corner of said section 12;
thence easterly along the north line of section 12, township 53
south, range 28 east, to the northeast corner of said section 12;
thence northerly along the west line of section 6, township 53
south, range 29 east, to the northwest corner of said section 6;
thence easterly along the north line of township 53 south,
range 29 east, to the northeast corner of section 4, township 53
south, range 29 east;
thence southerly along the east lines of sections 4, 9, 16, and
21, township 53 south, range 29 east, to the southeast corner of
the northeast quarter of said section 21;
thence easterly to the center of section 22, township 53 south,
range 29 east;
thence southerly to the southeast corner of the southwest
quarter of section 22, township 53 south, range 29 east;
thence easterly along the south line of section 22, township 53
south, range 29 east, to the southeast corner of said section 22;
thence southerly along the west line of section 26, township 53
south, range 29 east, to the southwest corner of the northwest
quarter of said section 26;
thence easterly to the center of section 26, township 53 south,
range 29 east;
thence southerly to the northwest corner of the southwest
quarter of the southeast quarter of section 26, township 53
south, range 29 east;
thence easterly to the northeast corner of the southeast
quarter of the southeast quarter of section 26, township 53
south, range 29 east;
thence southerly along the east line of section 26, township 53
south, range 29 east, to the southeast corner of said section 26;
thence easterly along the north line of section 36, township 53
south, range 29 east, to the northeast corner of the northwest
quarter of said section 36;
thence southerly to the southwest corner of the northwest
quarter of the southeast quarter of section 36, township 53
south, range 29 east;
thence easterly to the southeast corner of the northeast
quarter of the southeast quarter of section 36, township 53
south, range 29 east;
thence continuing easterly to the southeast corner of the
northwest quarter of the southwest quarter of section 31,
township 53 south, range 30 east;
thence northerly to the northeast corner of the northwest
quarter of the northwest quarter of section 31, township 53
south, range 30 east;
thence continuing northerly to the northeast corner of the
southwest quarter of the southwest quarter of section 30,
township 53 south, range 30 east;
thence westerly to the northeast corner of the southeast
quarter of the southeast quarter of section 25, township 53
south, range 29 east;
thence northerly along the east lines of sections 25, 24, and
13, township 53 south, range 29 east, to the northeast corner of
said section 13;
thence easterly along the north lines of sections 18, 17, 16,
15, 14, and 13, to the northeast corner of section 13, township
53 south, range 30 east;
thence southerly along the east lines of sections 13, 24, 25,
and 36 to the southeast corner section 36, township 53 south,
range 30 east;
thence easterly along the north lines of sections 6, 5, and 4
to the northeast corner of section 4, township 54 south, range 31
east;
thence southerly along the east line of section 4 to the
southeast corner of section 4, township 54 south, range 31 east;
thence easterly along the north line of section 10 to the
northeast corner of section 10, township 54 south, range 31 east;
thence southerly along the east line of section 10 to the
southeast corner of section 10, township 54 south, range 31 east;
thence easterly along the north line of section 14 to the
northeast corner of section 14, township 54 south, range 31 east;
thence southerly along the east line of section 14 to the
southeast corner of section 14, township 54 south, range 31 east;
thence easterly along the north line of section 24 to the
northeast corner of section 24, township 54 south, range 31 east;
thence southerly along the east lines of sections 24 and 25 to
the southeast corner of section 25, township 54 south, range 31
east;
thence easterly along the north lines of sections 31, 32, and
33 to the northeast corner of section 33, township 54 south,
range 32 east;
thence southerly along the east line of section 33 to the
southeast corner of section 33, township 54 south, range 32 east;
thence easterly along the north line of section 3, to the
northeast corner of section 3, township 55 south, range 32 east;
thence southerly along the east lines of sections 3 and 10, to
the southeast corner of section 10, township 55 south, range 32
east;
thence easterly along the north line of section 14, to the
northeast corner of section 14, township 55 south, range 32 east;
thence southerly along the east line of section 14, to the
southeast corner of section 14, township 55 south, range 32 east;
thence easterly along the north line of section 24, to the
northeast corner of section 24, township 55 south, range 32 east;
thence southerly along the east lines of sections 24 and 25 to
the northeast corner of the southeast quarter of section 25,
township 55 south, range 32 east;
thence easterly along the north line of the south half of
section 30 to the northeast corner of the south half of section
30, township 55 south, range 33 east;
thence southerly along the east lines of sections 30 and 31 to
the southeast corner of section 31, township 55 south, range 33
east;
thence southerly along the east line of section 6, to the
southeast corner of section 6, township 56 south, range 33 east;
thence easterly along the north lines of sections 8, 9, 10, 11,
and 12, to the northeast corner of section 12, township 56 south,
range 33 east;
thence easterly along the north lines of sections 7, 8, 9, 10,
11, and 12, to the northeast corner of section 12, township 56
south, range 34 east;
thence easterly along the north line of section 7 to the
northeast corner of section 7, township 56 south, range 35 east;
thence northerly along the west line of section 5 to the
northwest corner of section 5, township 56 south, range 35 east;
thence northerly along the west lines of sections 32, 29, 20,
17, 8, and 5 to the northwest corner of section 5, township 55
south, range 35 east;
thence northerly along the west lines of sections 32, 29, and
20 to the intersection of the south right-of-way line of the Loop
Road, township 54 south, range 35 east;
thence easterly along the south right-of-way line of the Loop
Road and the south right-of-way line of United States Highway
Numbered 41, also known as the Tamiami Trail, through sections
20, 21, 22, 23, and 24, township 54 south, range 35 east, to the
intersection of the east township line, township 54 south, range
35 east;
thence easterly along the south right-of-way line of United
States Highway Numbered 41, also known as the Tamiami Trail,
through sections 19, 20, 21, 22, 23, and 24, township 54 south,
range 36 east, to the east township line of township 54 south,
range 36 east;
thence easterly along the south right-of-way line of United
States Highway Numbered 41, also known as the Tamiami Trail,
across township 36 1/2 east to the intersection of the west line
of township 54 south, range 37 east, the point of beginning;
(2) Land acquired by the United States of America for
furthering administration and use of the park by deeds dated
January 25, 1954 (2), and February 27, 1954 (2), recorded in the
public records of Monroe County, Florida, book OR-3, pages 302 to
308, inclusive, and book OR-2, pages 378 to 381, inclusive,
respectively; and accepted by the National Park Service on April
7, 1954 (2), and April 5, 1954 (2), respectively; and
(3) Not to exceed 35 acres, to be acquired by donation only, in
or in the vicinity of Everglades City, Florida, which the
Secretary of the Interior may find necessary and suitable for
furthering administration and use of the park.
Land and water now in Federal ownership within said boundary
shall continue to be administered as Everglades National Park;
however, the land and water therein not in Federal ownership shall
be administered as a part of the park only after being acquired as
hereinafter provided.
-SOURCE-
(Pub. L. 85-482, Sec. 1, July 2, 1958, 72 Stat. 280.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410j, 410m, 410o, 410p of
this title.
-End-
-CITE-
16 USC Sec. 410j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410j. Acquisition of land, water, and interests therein;
consent of owner; reservations
-STATUTE-
The authority of the Secretary of the Interior to acquire land
and water for Everglades National Park shall on and after July 2,
1958 be restricted to the area within the boundary described in
section 410i of this title. Notwithstanding the proviso contained
in section 410 of this title, or any other provision of law, the
said Secretary is authorized on and after July 2, 1958, within the
boundary fixed in sections 410i to 410p of this title and with any
funds made available for that purpose, to acquire land, water, and
interests therein by purchase or otherwise.
The authority to acquire land, water, and interests therein
within the park boundary fixed in section 410i of this title but
outside the area designated in sections 410e to 410h of this title,
is further subject to the right of retention by the owners thereof,
including owners of interests in oil, gas, and mineral rights or
royalties, and by their heirs, executors, administrators,
successors, and assigns, at their election of the following:
(1) The reservation until October 9, 1967, of all oil, gas, and
mineral rights or interests, including the right to lease,
explore for, produce, store, and remove oil, gas, and other
minerals from such lands;
(2) In the event that on or before said date, oil, gas, or
other minerals are being produced in commercial quantities
anywhere within the boundary fixed in section 410i of this title
but outside the area designated in sections 410e to 410h of this
title, the time of the reservation provided in subsection (1)
above shall automatically extend for all owners within said
boundary and outside of said area regardless of whether such
production is from land in which such owners have an interest,
for so long as oil, gas, or other minerals are produced in
commercial quantities anywhere within said boundary and outside
of said area. To exercise this reservation, the owners, their
lessees, agents, employees, and assigns shall have such right of
ingress to and egress from such land and water as may be
necessary; and
(3) After the termination of the reserved rights of owners as
set forth in subsections (1) and (2) of this section, a further
reservation of the right to customary royalties, applying at the
time of production, in any oil, gas, or other minerals which may
be produced from such land and water at any time before January
1, 1985, should production ever be authorized by the Federal
Government or its assigns.
-SOURCE-
(Pub. L. 85-482, Sec. 2, July 2, 1958, 72 Stat. 284; Pub. L.
91-428, Sec. 2, Sept. 26, 1970, 84 Stat. 885.)
-MISC1-
AMENDMENTS
1970 - Pub. L. 91-428 struck out restriction against acquisition
of certain described lands in Dade County without the consent of
the owner so long as the land is used exclusively for agricultural
purposes, including housing directly incident thereto, or is lying
fallow or remains in its natural state.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410k, 410l, 410m, 410p of
this title.
-End-
-CITE-
16 USC Sec. 410k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410k. Limitation of Federal action during reservation period
-STATUTE-
Unless consented to by an owner retaining the reservation set
forth in subsections (1) and (2) of section 410j of this title, no
action shall be taken by the Federal Government during the period
of such reservation to purchase, acquire, or otherwise terminate or
interfere with any lease or leases which may be applicable to said
owner's land.
-SOURCE-
(Pub. L. 85-482, Sec. 3, July 2, 1958, 72 Stat. 285.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410j, 410p of this title.
-End-
-CITE-
16 USC Sec. 410l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410l. Rules and regulations governing reservation rights
-STATUTE-
Any reservations retained under the provisions of subsections (1)
and (2) of section 410j of this title shall be exercised by the
owners subject to reasonable rules and regulations which the
Secretary may prescribe for the protection of the park, but which
shall permit the reserved rights to be exercised so that the oil,
gas, and minerals may be explored for, developed, extracted, and
removed from the park area in accordance with sound conservation
practices. All operations shall be carried on under such
regulations as the Secretary may prescribe to protect the land and
area for park purposes.
-SOURCE-
(Pub. L. 85-482, Sec. 4, July 2, 1958, 72 Stat. 285.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410j, 410p of this title.
-End-
-CITE-
16 USC Sec. 410m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410m. Ascertainment of owners' election regarding reservation
rights
-STATUTE-
In acquiring any of the land or water within the area described
in section 410i of this title the Secretary of the Interior shall
exercise reasonable diligence to ascertain whether owners elect to
retain reservations in accordance with the provisions of section
410j of this title. If, after the exercise of such reasonable
diligence, owners cannot be located, or do not appear in judicial
proceedings to acquire the land and water, so that it may be
ascertained whether they desire to retain reservations in
accordance with the provisions hereof, the Secretary may acquire
the fee simple title to their land free and clear of reservations
as set forth in subsections (1), (2), and (3) of section 410j of
this title.
-SOURCE-
(Pub. L. 85-482, Sec. 5, July 2, 1958, 72 Stat. 285.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410j, 410p of this title.
-End-
-CITE-
16 USC Sec. 410n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410n. Drainage of lands; right-of-way
-STATUTE-
Unless the Secretary, after notice and opportunity for hearing,
shall find that the same is seriously detrimental to the
preservation and propagation of the flora or fauna of Everglades
National Park, he shall permit such drainage through the natural
waterways of the park and the construction, operation, and
maintenance of artificial works for conducting water thereto as is
required for the reclamation by the State of Florida or any
political subdivision thereof or any drainage district organized
under its laws of lands lying easterly of the eastern boundary of
the park in township 54 south, ranges 31 and 32 east, township 55
south, ranges 32 and 33 east, and township 56 south, range 33 east.
He shall grant said permission, however, only after a master plan
for the drainage of said lands has been approved by the State of
Florida and after finding that the approved plan has engineering
feasibility and is so designed as to minimize disruptions of the
natural state of the park. Any right-of-way granted pursuant to
this section shall be revocable upon breach of the conditions upon
which it is granted, which conditions shall also be enforcible in
any other appropriate manner, and the grantee shall be obligated to
remove its improvements and to restore the land occupied by it to
its previous condition in the event of such revocation.
-SOURCE-
(Pub. L. 85-482, Sec. 6, July 2, 1958, 72 Stat. 286.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410j, 410p of this title.
-End-
-CITE-
16 USC Sec. 410o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410o. Exchange of land, water, and interests therein
-STATUTE-
The Secretary of the Interior is authorized to transfer to the
State of Florida by quitclaim deed the land, water, and interests
therein, previously acquired by the United States of America for
Everglades National Park and not included within such park by
section 410i of this title, such transfer to be in exchange for the
conveyance by the State of Florida to the United States of all
land, water, and interests therein, owned by the State within the
boundary of the park as described in section 410i of this title:
Provided, That exclusion of any land, water, and interests therein
from the park boundary pursuant to section 410i of this title shall
be dependent upon the contemporaneous conveyance by the State to
the United States of all land, water, and interests therein, owned
by the State within the park boundary described in section 410i of
this title, including land, water, and interests therein,
heretofore conveyed to the State, for transfer to the United States
for inclusion in Everglades National Park. The effectuation of the
transfer provided for in this section shall be a condition
precedent to the acquisition by the Secretary of any land, water,
or interests therein held in private ownership within the
boundaries set forth in section 410i of this title and outside the
area designated in sections 410e to 410h of this title, except as
such acquisition is by donation.
-SOURCE-
(Pub. L. 85-482, Sec. 7, July 2, 1958, 72 Stat. 286.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410i, 410j, 410p of this
title.
-End-
-CITE-
16 USC Sec. 410p 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410p. Authorization of appropriations
-STATUTE-
(a) There are authorized to be appropriated such sums, but not
more than $22,000,000 in all, as are required for the acquisition
of land, water, and interests therein held in private ownership
within the boundaries of Everglades National Park as fixed by
section 410i of this title and outside the area described in
sections 410e to 410h of this title.
(b) In addition to the amount authorized in subsection (a) of
this section there is authorized to be appropriated such amount,
not in excess of $700,200, as is necessary for the acquisition, in
accordance with the provisions of sections 410i to 410p of this
title, of the following described privately owned lands:
Sections 3, 4, and 5; section 6, less the west half of the
northwest quarter; sections 7, 8, 9, and 10; north half of
section 15; and sections 17 and 18, all in township 59 south,
range 37 east, Tallahassee meridian.
-SOURCE-
(Pub. L. 85-482, Sec. 8, July 2, 1958, 72 Stat. 286; Pub. L. 91-88,
Oct. 17, 1969, 83 Stat. 134; Pub. L. 91-428, Sec. 1, Sept. 26,
1970, 84 Stat. 885.)
-MISC1-
AMENDMENTS
1970 - Subsec. (a). Pub. L. 91-428 substituted "$22,000,000" for
"$2,000,000".
1969 - Pub. L. 91-88 designated existing provisions as subsec.
(a) and added subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410j of this title.
-End-
-CITE-
16 USC Sec. 410q 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410q. Exchange of lands
-STATUTE-
In order to further the administration and use of the Everglades
National Park, the Secretary of the Interior is authorized to
accept on behalf of the United States title to the following
described parcels of land:
Those parts of tracts "R" and "S" which lie west of the
right-of-way of State Road Numbered 29, and lots 1 to 9,
inclusive, of block 40, in Everglades City, Florida, comprising
18.98, 1.32, and 3.17 acres, respectively, as shown on N.P.S. Map
No. EVE-NP-E-1, dated June 23, 1959, of Everglades City, Florida;
and not to exceed 15 acres of submerged lands lying adjacent to
said tracts "R" and "S", if such additional lands are considered
necessary by the Secretary of the Interior to permit full
utilization of the lands above described;
and, in exchange for such parcels of land, to convey to the owner
or owners thereof all right, title, and interest of the United
States in and to the following described parcels of land within the
Everglades National Park:
Tract "L" and block 34, comprising 9.09 and 1.65 acres,
respectively, lying in or in the vicinity of Everglades City,
Florida.
-SOURCE-
(Pub. L. 86-269, Sec. 1, Sept. 14, 1959, 73 Stat. 553.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410r of this title.
-End-
-CITE-
16 USC Sec. 410r 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410r. Lands acquired as part of park; rules and regulations
-STATUTE-
All lands and submerged lands title to which is accepted by the
Secretary of the Interior pursuant to the provisions of section
410q of this title shall, upon the acceptance of title thereto,
become parts of the Everglades National Park and shall be subject
to all laws and regulations applicable thereto.
-SOURCE-
(Pub. L. 86-269, Sec. 2, Sept. 14, 1959, 73 Stat. 554.)
-End-
-CITE-
16 USC Sec. 410r-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410r-1. Acceptance of additional lands
-STATUTE-
The Secretary of the Interior is authorized to accept for
Everglades National Park purposes, title to approximately 1,160
acres of land and submerged land lying within sections 25, 26, and
36 of township 53 south, range 29 east, and section 30, township 53
south, range 30 east, Tallahassee meridian, and being a portion of
the land and submerged land donated and conveyed by three Collier
deeds in 1951 and 1952 to the trustees of the internal improvement
fund of the State of Florida for subsequent inclusion in the
Everglades National Park. Such three Collier deeds are dated
December 12, 1951, December 26, 1951, and March 21, 1952, and are
recorded in deed book 22, page 240, deed book 22, page 244, and
deed book 39, page 25, respectively, in Collier County, Florida.
The aforesaid land and submerged land shall be subject to the
reservations set forth in the aforementioned Collier deeds for
public utility easements and rights-of-way of the public with
respect to Indian Key Channel, and also to a public right-of-way
for the State highway or causeway from Everglades City to
Chokoloskee Island.
-SOURCE-
(Pub. L. 86-681, Sec. 1, Sept. 2, 1960, 74 Stat. 577.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410r-2 of this title.
-End-
-CITE-
16 USC Sec. 410r-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410r-2. Lands acquired as part of park; rules and regulations
-STATUTE-
All lands and submerged lands title to which is accepted by the
Secretary of the Interior pursuant to the provisions of section
410r-1 of this title shall, upon the acceptance of title thereto,
become parts of the Everglades National Park and shall be subject
to all laws and regulations applicable thereto.
-SOURCE-
(Pub. L. 86-681, Sec. 2, Sept. 2, 1960, 74 Stat. 577.)
-End-
-CITE-
16 USC Sec. 410r-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410r-3. Acceptance of additional lands; lands acquired as part
of park; reimbursement of revolving fund
-STATUTE-
The Secretary of the Interior is authorized to accept a transfer
from the Administrator of the Farmers Home Administration, United
States Department of Agriculture, which transfer is hereby
authorized, of a tract of land consisting of approximately four
thousand four hundred and twenty acres, lying within the boundaries
of Everglades National Park, in Dade County, Florida, and more
particularly described in the masters deed dated December 21, 1962,
in the proceeding entitled "The Connecticut Mutual Life Insurance
Company against Toni Iori, a single man; Peter Iori and Helen Iori,
his wife, d/b/a Iori Bros., et al.," No. 61C-3823, in the Circuit
Court of the Eleventh Judicial Circuit of Florida, in and for Dade
County, and recorded in the official records of said county in book
3494 at page 457, or in any modification of such masters deed, for
administration as a part of the Everglades National Park. Such
transfer will be made by the Farmers Home Administration,
Department of Agriculture, to the Secretary of (!1) Interior, only
after the Farmers Home Administration's emergency credit revolving
fund has been fully reimbursed for all cost incurred by it in
connection with the aforesaid land. Such transfer may be accepted
when title to the property is vested in the United States.
-SOURCE-
(Pub. L. 88-588, Sec. 1, Sept. 12, 1964, 78 Stat. 933.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410r-4 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "of the".
-End-
-CITE-
16 USC Sec. 410r-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410r-4. Authorization of appropriations for reimbursement of
revolving fund
-STATUTE-
There is hereby authorized to be appropriated to the emergency
credit revolving fund, upon the transfer authorized in section
410r-3 of this title, such sum as may be necessary but not in
excess of $452,000 to reimburse the fund for costs incurred by the
Farmers Home Administration in connection with the aforesaid
property.
-SOURCE-
(Pub. L. 88-588, Sec. 2, Sept. 12, 1964, 78 Stat. 933.)
-End-
-CITE-
16 USC Sec. 410r-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV - EVERGLADES NATIONAL PARK
-HEAD-
Sec. 410r-5. Findings, purposes, and definitions
-STATUTE-
(a) Findings
The Congress makes the following findings:
(1) The Everglades National Park is a nationally and
internationally significant resource and the park has been
adversely affected and continues to be adversely affected by
external factors which have altered the ecosystem including the
natural hydrologic conditions within the park.
(2) The existing boundary of Everglades National Park excludes
the contiguous lands and waters of the Northeast Shark River
Slough that are vital to long-term protection of the park and
restoration of natural hydrologic conditions within the park.
(3) Wildlife resources and their associated habitats have been
adversely impacted by the alteration of natural hydrologic
conditions within the park, which has contributed to an overall
decline in fishery resources and a 90 percent population loss of
wading birds.
(4) Incorporation of the Northeast Shark River Slough and the
East Everglades within the park will limit further losses
suffered by the park due to habitat destruction outside the
present park boundaries and will preserve valuable ecological
resources for use and enjoyment by future generations.
(5) The State of Florida and certain of its political
subdivisions or agencies have indicated a willingness to transfer
approximately 35,000 acres of lands under their jurisdiction to
the park in order to protect lands and water within the park, and
may so transfer additional lands in the future.
(6) The State of Florida has proposed a joint Federal-State
effort to protect Everglades National Park through the
acquisition of additional lands.
(b) Purposes
The purposes of sections 410r-5 to 410r-8 of this title are to -
(1) increase the level of protection of the outstanding natural (continued)