§ 698f. Big Cypress National Preserve; Big Cypress National Preserve Addition

Statutory text

Establishment

In order to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the State of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National Preserve is hereby established.

Location; boundaries; publication in Federal Register; area

The Big Cypress National Preserve (hereafter referred to as the “preserve”) shall comprise the area generally depicted on the map entitled “Big Cypress National Preserve”, dated November 1971 and numbered BC–91,001, which shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade Counties in the State of Florida. The Secretary of the Interior (hereafter referred to as the “Secretary”) shall, as soon as practicable, publish a detailed description of the boundaries of the preserve in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water.

Methods of acquisition of land; prerequisites to Federal appropriations; improved property; oil and gas rights; appraisal of property; transfer of Federal property to Secretary

The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve or the Addition: Provided, That any lands owned or acquired by the State of Florida, or any of its subdivisions, in the preserve may be acquired by donation only and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d): Provided further, That no Federal funds shall be appropriated until the Governor of Florida executes an agreement on behalf of the State which (i) provides for the transfer to the United States of all lands within the preserve previously owned or acquired by the State and (ii) provides for the donation to the United States of all lands acquired by the State within the preserve pursuant to the provision of “the Big Cypress Conservation Act of 1973” (Chapter 73–131 of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the preserve. No improved property, as defined by sections 698f to 698m–4 of this title, nor oil and gas rights, shall be acquired without the consent of the owner unless the Secretary, in his judgment, determines that such property is subject to, or threatened with, uses which are, or would be, detrimental to the purposes of the preserve. The Secretary may, if he determines that the acquisition of any other subsurface estate is not needed for the purposes of the preserve and the Addition, exclude such interest in acquiring any lands within the preserve and the Addition. Notwithstanding the provisions of section 4651 of title 42 the Secretary (i) may evaluate any offer to sell land within the preserve or the Addition by any landowner and may, in his discretion, accept any offer not in excess of $10,000 without an appraisal and (ii) may direct an appraisal to be made of any unimproved property within the preserve or the Addition without notice to the owner or owners, thereof. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of sections 698f to 698m–4 of this title, without transfer of funds. Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.

Land within Addition; United States share of acquisition costs

The aggregate cost to the United States of acquiring lands within the Addition may not exceed 80 percent of the total cost of such lands.

Except as provided in paragraph (3), if the State of Florida transfers to the Secretary lands within the Addition, the Secretary shall pay to or reimburse the State of Florida (out of funds appropriated for such purpose) an amount equal to 80 percent of the total costs to the State of Florida of acquiring such lands.

The amount described in paragraph (2) shall be reduced by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State of Florida.

For purposes of this subsection, the term “total cost” means that amount of the total acquisition costs (including the value of exchanged or donated lands) less the amount of the costs incurred by the Federal Highway Administration and the Florida Department of Transportation, including severance damages paid to private property owners as a result of the construction of Interstate 75.

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.

1974
Pub. L. 93–440 § 1 · 88 Stat. 1258
Enacted · 16 U.S.C. § 698f
Pub. L. 93–440, § 1, Oct. 11, 1974, 88 Stat. 1258
Source evidence
Code source credit
Pub. L. 93–440, § 1, Oct. 11, 1974, 88 Stat. 1258
Enacted provision · exact public law section
(1) motorized vehicles,
1988
Big Cypress National Preserve Addition Act
Pub. L. 100–301 § 4(b) · 102 Stat. 443
Inserted · 16 U.S.C. § 698f(c)
Pub. L. 100–301, § 4(b), inserted in provisions before first proviso “or the Addition” after “boundaries of the preserve” and in first proviso “in the preserve” after “subdivisions,” and “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)” before the colon
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–301, § 4(b), inserted in provisions before first proviso “or the Addition” after “boundaries of the preserve” and in first proviso “in the preserve” after “subdivisions,” and “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)” before the colon.
Enacted provision · exact public law section
(b) Methods of Land Acquisition in the Addition.— The first sentence of subsection (c) of the first section of the Act of October 11, 1974, is amended— 16 USC 698f. (1) by inserting “or the Addition” after “preserve” the first place it appears; and (2) in the first proviso— (A) by inserting “in the preserve” after “subdivisions,”; and (B) by striking out the colon and inserting in lieu thereof “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d):”.
1988
Big Cypress National Preserve Addition Act
Pub. L. 100–301 § 4(e) · 102 Stat. 443
Inserted · 16 U.S.C. § 698f(c)
Pub. L. 100–301, § 4(e), inserted “and the Addition” after “for the purposes of the preserve” and after “any lands within the preserve” in third sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–301, § 4(e), inserted “and the Addition” after “for the purposes of the preserve” and after “any lands within the preserve” in third sentence.
Enacted provision · exact public law section
(e) Exclusion of Subsurface Estate.— The third sentence of subsection (c) of such section is amended by inserting “and the Addition” after “preserve” each place it appears.
1988
Big Cypress National Preserve Addition Act
Pub. L. 100–301 § 4(c) · 102 Stat. 443
Inserted · 16 U.S.C. § 698f(c)
Pub. L. 100–301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence.
Enacted provision · exact public law section
(c) Valuation and Appraisal.— The fourth sentence of subsection (c) of such section is amended by inserting “or the Addition” after “preserve” each place it appears.
1988
Big Cypress National Preserve Addition Act
Pub. L. 100–301 § 4(d) · 102 Stat. 443
Inserted · 16 U.S.C. § 698f(c)
Pub. L. 100–301, § 4(d), inserted at end “Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–301, § 4(d), inserted at end “Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.”
Enacted provision · exact public law section
(d) Acquisition of Property Rights by the State of Florida.— Subsection (c) of such section is amended by adding at the end thereof the following: “Nothing in this Act shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.”.
1988
Big Cypress National Preserve Addition Act
Pub. L. 100–301 § 4(a) · 102 Stat. 443
Added · 16 U.S.C. § 698f(d)
Pub. L. 100–301, § 4(a), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–301, § 4(a), added subsec. (d).
Enacted provision · exact public law section
(a) United States Share of Acquisition Costs.— The first section of the Act of October 11, 1974, is amended by adding at the end thereof the following new subsection: “(d) (1) The aggregate cost to the United States of acquiring lands within the Addition may not exceed 80 percent of the total cost of such lands. “(2) Except as provided in paragraph (3), if the State of Florida transfers to the Secretary lands within the Addition, the Secretary shall pay to or reimburse the State of Florida (out of funds appropriated for such purpose) an amount equal to 80 percent of the total costs to the State of Florida of acquiring such lands. “(3) The amount described in paragraph (1) shall be reduced by an amount equal to 20 percent of the amount of the total cost incurred by the Secretary in acquiring lands in the Addition other than from the State of Florida. “(4) For purposes of this subsection, the term ‘total cost’ means that amount of the total acquisition costs (including the value of exchanged or donated lands) less the amount of the costs incurred by the Federal Highway Administration and the Florida Department of Transportation, including severance damages paid to private property owners as a result of the construction of Interstate 75.”.
2004
Pub. L. 108–483 § 2 · 118 Stat. 3919
Substituted · 16 U.S.C. § 698f(d)(3)
Pub. L. 108–483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 108–483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”.
Enacted provision · exact public law section
SEC. 2. BIG CYPRESS NATIONAL PRESERVE. Subsection (d)(3) of the first section of Public Law 93–440 (16 U.S.C. 698f) is amended by striking “The amount described in paragraph (1)” and inserting “The amount described in paragraph (2)”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1988–2004 · 2 rounds

2004

Subsec. (d)(3). Pub. L. 108–483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”.

1988

Subsec. (c). Pub. L. 100–301, § 4(b), inserted in provisions before first proviso “or the Addition” after “boundaries of the preserve” and in first proviso “in the preserve” after “subdivisions,” and “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)” before the colon.

Pub. L. 100–301, § 4(e), inserted “and the Addition” after “for the purposes of the preserve” and after “any lands within the preserve” in third sentence.

Pub. L. 100–301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence.

Pub. L. 100–301, § 4(d), inserted at end “Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.”

Subsec. (d). Pub. L. 100–301, § 4(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Short Title of 1988 Amendment

Pub. L. 100–301, § 1(a), Apr. 29, 1988, 102 Stat. 443, provided that: “This Act [enacting sections 698m–1 to 698m–4 of this title, amending this section and sections 698h and 698j to 698m of this title, and enacting provisions set out below] may be cited as the ‘Big Cypress National Preserve Addition Act’.”

Findings and Purpose

Pub. L. 100–301, § 2, Apr. 29, 1988, 102 Stat. 443, provided that:

“(a)
Findings.—
The Congress finds that—
“(1)
the planned construction of Interstate 75 is presently being designed in such a way as to improve the natural water flow to the Everglades National Park, which has been disrupted by State Road 84 (commonly known as ‘Alligator Alley’);
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“(2)
the planned construction of Interstate 75 provides an opportunity to enhance protection of the Everglades National Park, to promote protection of the endangered Florida panther, and to provide for public recreational use and enjoyment of public lands by expanding the Big Cypress National Preserve to include those lands adjacent to Interstate 75 in Collier County north and east of the Big Cypress National Preserve, west of the Broward County line, and south of the Hendry County line;
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“(3)
the Federal acquisition of lands bordering the Big Cypress National Preserve in conjunction with the construction of Interstate 75 would provide significant public benefits by limiting development pressure on lands which are important both in terms of fish and wildlife habitat supporting endangered species and of wetlands which are the headwaters of the Big Cypress National Preserve; and
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“(4)
public ownership of lands adjacent to the Big Cypress National Preserve would enhance the protection of the Everglades National Park while providing recreational opportunities and other public uses currently offered by the Big Cypress National Preserve.
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“(b)
Purpose.—
It is the purpose of this Act [see Short Title of 1988 Amendment note above] to establish the Big Cypress National Preserve Addition.”
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Credits

1974–2004 · 3 acts

1974Pub. L. 93–440, § 1, Oct. 11, 1974, 88 Stat. 1258
1988Pub. L. 100–301, § 4(a)–(e), Apr. 29, 1988, 102 Stat. 444, 445
2004Pub. L. 108–483, § 2, Dec. 23, 2004, 118 Stat. 3920.

Show as published

(Pub. L. 93–440, § 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100–301, § 4(a)–(e), Apr. 29, 1988, 102 Stat. 444, 445; Pub. L. 108–483, § 2, Dec. 23, 2004, 118 Stat. 3920.)