§ 410j. Acquisition of land, water, and interests therein; consent of owner; reservations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–482 § 2 · 72 Stat. 280

   Enacted · 16 U.S.C. § 410j

   Pub. L. 85–482, § 2, July 2, 1958, 72 Stat. 284

   Source evidence

   Code source credit
   Pub. L. 85–482, § 2, July 2, 1958, 72 Stat. 284

   Enacted provision · exact public law section
   Sec. 2. The authority of the Secretary of the Interior to acquire land and water for Everglades National Park shall hereafter be restricted to the area within the boundary described in section 1. Notwithstanding the proviso contained in section 1 of the Act of May 30, 1934 (48 Stat. 816, 16 U. S. C., sec. 410), or any other provision of law, the said Secretary is hereafter authorized, within the boundary fixed in this Act and with any funds made available for that purpose, to acquire land, water, and interests therein by purchase or otherwise Consent of owner. subject to the proviso that no parcel within the following described area shall be acquired without the consent of its owner so long as it is used exclusively for agricultural purposes, including housing, directly incident thereto, or is lying fallow or remains in its natural state: Beginning at the southwest corner of section 31, township 58 south, range 37 east; thence southerly along the west line of sections 6 and 7, township 59 south, range 37 east, to the southeast corner of section 24, township 59 south, range 36 east: thence westerly along the south lines of sections 24, 23, 22, 21, and 20, township 59 south, range 36 east, to the southwest corner of said section 20; thence northerly along the west lines of sections 20, 17, 8, and 5, township 59 south, range 36 east, to the northwest corner of said section 5; thence to the southwest corner of section 33, township 58 south, range 36 east; thence northerly along the west lines of sections 33 and 28, township 58 south, range 36 east, to the northwest corner of said section 28; thence easterly along the north lines of sections 28, 27, 26, and 25, township 58 south, range 36 east, to the northeast corner of said section 25; thence southerly along the east line of section 25, township 58 south, range 36 east, to the point of intersection of the east line of said section 25 and the north line of section 18, township 58 south, range 37 east, extended westerly along the hiatus; thence easterly across the hiatus to the northwest corner of section 18, township 58 south, range 37 east; thence easterly along the north lines of sections 18, 17, and 16, township 58 south, range 37 east, to the northeast corner of said section 16; thence southerly to the northeast corner of section 21, township 58 south, range 37 east; thence westerly along the north lines of sections 21 and 20, township 58 south, range 37 east, to the northeast corner of the northwest quarter of said section 20; thence southerly along the west line of the east half of section 20, township 58 south, range 37 east, to the southeast corner of the southwest quarter of said section 20; thence westerly along the north lines of sections 29 and 30, township 58 south, range 37 east, to the northwest corner of said section 30; thence southerly along the west lines of sections 30 and 31, township 58 south, range 37 east, to the southwest corner of said section 31; the point of beginning. The authority to acquire land, water, and interests therein within Reservations. the park boundary fixed in section 1 of this Act but outside the area designated in the Act of October 10, 1949 (63 Stat. 733), 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 1 of this Act but outside the area designated in the Act of October 10, 1949, 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.

2. 1970

   Pub. L. 91–428 § 2 · 84 Stat. 885

   Struck · 16 U.S.C. § 410j

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 2. The second sentence of section 2 of the said Act of July 2, 1958, is amended by inserting a period after the word “otherwise” and 16 USC 410j. deleting the remainder of the sentence.

2 of 2 references resolved to an enrolled provision