§ 410r-6. — Boundary modification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410r-6]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV--EVERGLADES NATIONAL PARK
Sec. 410r-6. Boundary modification
(a) Area included
The park boundary is hereby modified to include approximately
107,600 acres as generally depicted on the map entitled ``Boundary Map,
Everglades National Park Addition, Dade County, Florida'', numbered 160-
20,013B and dated September 1989. The map shall be on file and available
for public inspection in the offices of the National Park Service,
Department of the Interior.
(b) Boundary adjustment
The Secretary may from time to time make minor revisions in the
boundaries of the park in accordance with section 460l-9(c) of this
title. In exercising the boundary adjustment authority the Secretary
shall ensure all actions will enhance resource preservation and shall
not result in a net loss of acreage from the park.
(c) Acquisition
(1) Within the boundaries of the addition described in subsection
(a) of this section, the Secretary may acquire lands and interests in
land by donation, purchase with donated or appropriated funds, or
exchange. For purposes of acquiring property by exchange, the Secretary
may, notwithstanding any other provision of law, exchange the
approximately one acre of Federal land known as ``Gilberts' Marina'' for
non-Federal land of equal value located within the boundaries of the
addition. Any lands or interests in land which are owned by the State of
Florida or any political subdivision thereof, may be acquired only by
donation.
(2) It is the express intent of Congress that acquisition within the
boundaries of the addition shall be completed not later than 5 years
after December 13, 1989. The authority provided by this section shall
remain in effect until all acquisition is completed.
(d) Acquisition of tracts partially outside boundaries
When any tract of land is only partly within boundaries referred to
in subsection (a) of this section, the Secretary may acquire all or any
portion of the land outside of such boundaries in order to minimize the
payment of severance costs. Land so acquired outside of the boundaries
may be exchanged by the Secretary for non-Federal lands within the
boundaries, and any land so acquired and not utilized for exchange shall
be reported to the General Services Administration for disposal under
the Federal Property and Administrative Services Act of 1949 (63 Stat.
377).
(e) Offers to sell
In exercising the authority to acquire property under sections 410r-
5 to 410r-8 of this title, the Secretary shall give prompt and careful
consideration to any offer made by any person owning property within the
boundaries of the addition to sell such property, if such owner notifies
the Secretary that the continued ownership of such property is causing,
or would result in undue hardship.
(f) Authorization of appropriations
(1) Subject to the provisions of paragraph (2), there are hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of sections 410r-5 to 410r-8 of this title.
(2) With respect to land acquisition within the addition, not more
than 80 percent of the cost of such acquisition may be provided by the
Federal Government. Not less than 20 percent of such cost shall be
provided by the State of Florida.
(g) Assistance
Upon the request of the Governor of the State of Florida, the
Secretary is authorized to provide technical assistance and personnel to
assist in the acquisition of lands and waters within the Kissimmee
River/Lake Okeechobee/Everglades Hydrologic Basin, including the Big
Cypress Swamp, through the provision of Federal land acquisition
personnel, practices, and procedures. The State of Florida shall
reimburse the Secretary for such assistance in such amounts and at such
time as agreed upon by the Secretary and the State. Notwithstanding any
other provision of law, reimbursement received by the Secretary for such
assistance shall be retained by the Secretary and shall be available
without further appropriation for purposes of carrying out any
authorized activity of the Secretary within the boundaries of the park.
(Pub. L. 101-229, title I, Sec. 102, Dec. 13, 1989, 103 Stat. 1947.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Section Referred to in Other Sections
This section is referred to in sections 410r-5, 410r-7, 410r-8 of
this title.
