§ 698f. — Big Cypress National Preserve; Big Cypress National Preserve Addition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698f]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698f. Big Cypress National Preserve; Big Cypress National
Preserve Addition
(a) 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.
(b) 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.
(c) 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) of this
section: 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.
(d) Land within Addition; United States share of acquisition costs
(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.
(Pub. L. 93-440, Sec. 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100-301,
Sec. 4(a)-(e), Apr. 29, 1988, 102 Stat. 444, 445.)
Amendments
1988--Subsec. (c). Pub. L. 100-301, Sec. 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) of this section'' before the colon.
Pub. L. 100-301, Sec. 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, Sec. 4(c), inserted ``or the Addition'' after
``land within the preserve'' and after ``property within the preserve''
in fourth sentence.
Pub. L. 100-301, Sec. 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, Sec. 4(a), added subsec. (d).
Short Title of 1988 Amendment
Section 1(a) of Pub. L. 100-301 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
Section 2 of Pub. L. 100-301 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');
``(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;
``(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
``(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.
``(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.''
Section Referred to in Other Sections
This section is referred to in sections 698g, 698h, 698i, 698j,
698m, 698m-1 of this title.
