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S. 90 (100th): Big Cypress National Preserve Addition Act


The text of the bill below is as of Apr 29, 1988 (Passed Congress).


PUBLIC LAW 100-301—APR. 29, 1988                                        102 STAT. 443

Public Law 100-301
100th Congress
                                    An Act
To establish the Big Cypress National Preserve Addition in the State of Florida, and      Apr. 29, 1988
                                for other purposes.                                          [S. 90]
 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                                         Big Cypress
                                                                                        National
SECTION 1. SHORT TITLE.                                                                 Preserve
                                                                                        Addition Act.
  (a) SHORT TITLE.—This Act may be cited as the "Big Cypress                            National
National Preserve Addition Act".                                                        Wilderness
  Ot)) AMENDMENT OF BIG CYPRESS NATIONAL PRESERVE ACT.—When-                            Preservation
ever in this Act an amendment is expressed in terms of an amend-                        System.
                                                                                        Conservation.
ment to the Act of October 11, 1974, such amendment shall be                            Public lands.
considered to be made to the Act entitled "An Act to establish the                      16 u s e 698f
Big Cypress National Preserve in the State of Florida, and for other                    note.
purposes", approved October 11, 1974 (Public Law 93-440; 88 Stat.
1257).
SEC. 2. FINDINGS AND PURPOSE.                                                           16 u s e 698f
                                                                                        note.
 (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 Inter-
    state 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 Ever-
     glades 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 to establish the Big
Cypress National Preserve Addition.

102 STAT. 444 PUBLIC LAW 100-301—APR. 29, 1988 SEC. 3. ESTABLISHMENT OF ADDITION. (a) BIG CYPRESS NATIONAL PRESERVE ADDITION.—The Act of Octo- ber 11, 1974, is amended by adding at the end thereof the following new section: 16 use 698m-l. "SEC. 9. (a) In order to— "(1) achieve the purposes of the first section of this Act; "(2) complete the preserve in conjunction with the planned construction of Interstate Highway 75; and "(3) insure appropriately managed use and access to the Big Cypress Watershed in the State of Florida, the Big Cypress National Preserve Addition is established. Public "(b) The Big Cypress National Preserve Addition (referred to in information. this Act as the 'Addition') shall comprise approximately 146,000 acres as generally depicted on the map entitled Big Cypress Na- tional Preserve Addition, dated April, 1987, and numbered 176- 91000C, which shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior, Washington, D.C, and shall be filed with appropriate offices of Federed Collier County in the State of Florida. The Secretary shall, as soon Register, as practicable, publish a detailed description of the boundaries of the publication. Addition in the Federal Register. "(c) The area within the boundaries depicted on the map referred to in subsection Qy) shall be known as the 'Big Cypress National Preserve Addition' and shall be managed in accordance with section 4. "(d) For purposes of administering the Addition and notwithstand- ing section 2(c), it is the express intent of the Congress that the Secretary should substantially complete the land acquisition pro- gram contemplated with respect to the Addition in not more than five years after the date of the enactment of this paragraph.". (b) HUNTING, FISHING, AND TRAPPING.—Section 5 of the Act of 16 use 698j. October 11, 1974, is amended by inserting "and the Addition" after "preserve" each place it appears. (c) SUITABILITY AS WILDERNESS.—Section 7 of the Act of Octo- 16 use 698/. her 11, 1974, is amended— (1) by inserting "with respect to the preserve and five years from the date of the enactment of the Big Cypress National Preserve Addition Act with respect to the Addition" after "date of the enactment of this Act" in the first sentence; and (2) by inserting "or the area within the Addition (as the case may be)" after "preserve" each place it appears. 16 use 698k. (d) INDIAN RIGHTS.—Section 6 of the Act of October 11, 1974, is amended as follows: (1) In clause (i) insert "and the Addition" after "preserve" and insert "(January 1, 1985, in the case of the Addition)" after "1972". (2) In clause (ii) insert "or within the Addition" after "preserve". SEC. 4. ACQUISITION OF LAND WITHIN ADDITION. (a) UNITED STATES SHARE OF ACQUISITION COSTS.—The first section 16 use 698f. 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.
PUBLIC LAW 100-301—APR. 29, 1988 102 STAT. 445 "(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 appro- priated 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 Depart- ment of Transportation, including severance damages paid to pri- vate property owners as a result of the construction of Interstate 75.". (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 accord- ance with subsection (d):". (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. (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.". (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. (f) IMPROVED PROPERTY IN ADDITION.—Section 30t)) of the Act of October 11,1974, is amended— 16 USC 698h. (1) in clause (i) by inserting "with respect to the preserve and January 1, 1986, with respect to the Addition" after "Novem- ber 23,1971,"; and (2) in clause (ii)— (A) by inserting "with respect to the preserve and Janu- ary 1, 1986, with respect to the Addition" after "Novem- ber 23,1971," the first place it appears; and (B) by inserting "or January 1,1986, £is the case may be," after "November 23, 1971," the second and third places it appears. SEC. 5. COOPERATION AMONG AGENCIES. The Act of October 11, 1974, is further amended by adding at the end thereof the following new section: "SEC. 10. The Secretary and other involved Federal agencies shall Recreation. cooperate with the State of Florida to establish recreational access 16 USC 698m-2.
102 STAT. 446 PUBLIC LAW 100-301—APR. 29, 1988 points and roads, rest and recreation areas, wildlife protection, hunting, fishing, frogging, and other traditional recreational opportunities in conjunction with the creation of the Addition and in the construction of Interstate Highway 75. Three of such access points shall be located within the preserve (including the Addition).". SEC. 6, REPORT TO CONGRESS. The Act of October 11, 1974, is further amended by adding at the end thereof the following new section: 16 use 698m-3. "SEC. 11. Not later than two years after the date of the enactment of this section, the Secretary shall submit to the Congress a detailed report on, and further plan for, the preserve and Addition including— "(1) the status of the existing preserve, the effectiveness of past regulation and management of the preserve, and rec- ommendations for future management of the preserve and the Addition; "(2) a summary of the public's use of the preserve and the status of the access points developed pursuant to section 10; "(3) the need for involvement of other State and Federal agencies in the management and expansion of the preserve and Addition; "(4) the status of land acquisition; and "(5) a determination, made in conjunction with the State of Florida, of the adequacy of the number, location, and design of the recreational access points on I-75/Alligator Alley for access to the Big Cypress National Preserve, including the Addition. The determination required by paragraph (5) shall incorporate the results of any related studies of the State of Florida Department of Transportation and other Florida State agencies. Any recommenda- tion for significant changes in the approved recreational access points, including any proposed additions, shall be accompanied by an assessment of the environmental impact of such changes.". SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 16 use 698m. Section 8 of the Act of October 11,1974, is amended— (1) by striking out "There" in the first sentence and inserting in lieu thereof "(a) Except as provided in subsection O^), t h e r e ' ; and (2) by adding at the end thereof the following new subsection: "Ot)) 'There is hereby authorized to be appropriated from the Land and Water Conservation Fund not to exceed $49,500,000 for the acquisition of lands within the Addition. There is hereby authorized to be appropriated such sums as may be necessary for development in the Addition. SEC. 8. OIL AND GAS EXPLORATION, DEVELOPMENT AND PRODUCTION. The Act of October 11, 1974, is further amended by adding at the end thereof the following new section: Regulations. "SEC. 12. (a) Within nine months from the date of the enactment 16 use 698m-4. of the Big Cypress National Preserve Addition Act, the Secretary shall promulgate, subject to the requirements of subsections 03)-(e) of this section, such rules and regulations governing the exploration for and development and production of non-Federal interests in oil and gas located within the boundaries of the Big Cypress National Preserve and the Addition, including but not limited to access on.
PUBLIC LAW 100-301—APR. 29, 1988 102 STAT. 447 across, or through all lands within the boundaries of the Big Cjnpress National Preserve and the Addition for the purpose of conducting such exploration or development and production, as are necessary and appropriate to provide reasonable use and enjoyment of pri- vately owned oil and gas interests, and consistent with the purposes for which the Big Cypress National Preserve and the Addition were established. Rules and regulations promulgated pursuant to the authority of this section may be made by appropriate amendment to or in substitution of the rules and regulations respecting non-Federal oil and gas rights (currently codified at 36 CFR 9.30, et seq. (1986)). "(b) Any rule or regulation promulgated by the Secretary under subsection (a) of this section shall provide that— "(1) exploration or development and production activities may not be undertaken, except pursuant to a permit issued by the National Park Service authorizing such activities or access; and "(2) final action by the National Park Service with respect to any application for a permit authorizing such activities shall occur within 90 days from the date such an application is submitted unless— "(A) the National Park Service and the applicant agree that such final action shall occur within a shorter or longer period of time; or "(B) the National Park Service determines that an addi- tional period of time is required to ensure that the National Park Service has, in reviewing the application, complied with other applicable law, Executive orders and regula- tions; or "(C) the National Park Service, within 30 days from the date of submission of such application, notifies the ap- plicant that such application does not contain all informa- tion reasonably necessary to allow the National Park Service to consider such application and requests that such additional information be provided. After receipt of such notification to the applicant, the applicant shall supply any reasonably necessary additional information and shall advise the National Park Service that the applicant be- lieves that the application contains all reasonably nec- essary information and is therefore complete, whereupon the National Park Service may— "(i) within 30 days of receipt of such notice from the applicant to the National Park Service determine that the application does not contain all reasonably nec- essary additional information and, on that basis, deny the application; or "(ii) review the application and take final action within 60 days from the date that the applicant pro- vides notification to the National Park Service that its application is complete. "(c) Such activities shall be permitted to occur if such activities conform to requirements established by the National Park Service under authority of law. "(d) In establishing standards governing the conduct of explo- ration or development and production activities within the bound- aries of the Big Cypress National Preserve or the Addition, the Secretary shall take into consideration oil and gas exploration and development and production practices used in similar habitats or
102 STAT. 448 PUBLIC LAW 100-301—APR. 29, 1988 ecosystems within the Big Cypress National Preserve or the Addi- tion at the time of promulgation of the rules and regulations under subsection (a) or at the time of the submission of the application seeking authorization for such activities, as appropriate. contracts. "(e) Prior to the promulgation of rules or regulations under this section, the Secretary is authorized, consistent with the purposes of which the Big Cypress National Preserve Addition was established, to enter into interim agreements with owners of non-Federal oil and gas interests governing the conduct of oil and gas exploration, development or production activities within the boundaries of the Addition, which agreements shall be superseded by the rules and regulations promulgated by the Secretary when applicable: Pro- vided, That such agreement shall be consistent with the require- ments of subsections (b)-(d) of this section and may be altered by the terms of rules and regulations subsequently promulgated by the Secretary: Provided further. That this provision shall not be con- strued to enlarge or diminish the authority of the Secretary to establish rules and regulations applicable to the conduct of explo- ration or development and production activities within the Big Cypress National Preserve or the Addition. "(f) There is hereby authorized to be established a Minerals Management Office within the Office of the Superintendent of the Big Cypress National Preserve, for the purpose of ensuring, consist- ent with the purposes for which the Big Cypress National Preserve was established, timely consideration of and final action on applica- tions for the exploration or development and production of non- Federal oil and gas rights located beneath the surface of lands within the boundaries of the Big Cypress National Preserve and the Addition. Appropriation "(g) There are hereby authorized to be appropriated such sums as authorization. may be necessary to carry out the activities set forth in this section.". Approved April 29, 1988. LEGISLATIVE fflSTORY—S. 90 (H.R. 184): HOUSE REPORTS: No. 100-30 accompanying H.R. 184 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-45 (Qjmm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 133 (1987): Mar. 31, H.R. 184 considered and passed House. Dec. 11, S. 90 considered and passed Senate. Vol. 134 (1988): Mar. 1, considered and passed House, amended. Mar. 31, Senate concurred in House amendments with amend- ments. Apr. 12, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): Apr. 29, Presidential statement.