
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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) [40 U.S.C. 471 et seq.].

(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. Provisions of that act relating to disposal of Government 
property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, 
Public Buildings, Property, and Works. For complete classification of 
this Act to the Code, see Short Title note set out under section 471 of 
Title 40 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 410r-5, 410r-7, 410r-8 of 
this title.
