§ 410j. — Acquisition of land, water, and interests therein; consent of owner; reservations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410j]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV--EVERGLADES NATIONAL PARK
Sec. 410j. Acquisition of land, water, and interests therein;
consent of owner; reservations
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.
(Pub. L. 85-482, Sec. 2, July 2, 1958, 72 Stat. 284; Pub. L. 91-428,
Sec. 2, Sept. 26, 1970, 84 Stat. 885.)
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.
Section Referred to in Other Sections
This section is referred to in sections 410k, 410l, 410m, 410p of
this title.
