16 U.S.C. § 410i — Exterior boundaries; administration

Page 260 TITLE 16—CONSERVATION § 410e been vested in the United States: Provided fur- ther, That until the property acquired by the United States pursuant to this section has been cleared of the aforesaid reservations, the Sec- retary in his discretion shall furnish such pro- tection thereover as may be necessary for the accomplishment of the purposes of this section: And provided further, That in the event the park is not established within ten years from Decem- ber 6, 1944, or upon the abandonment of the park at any time after its establishment, title to any lands accepted pursuant to the provisions of this section shall thereupon automatically revest in the State of Florida or other grantors of such property to the United States. (b) Upon the execution of the aforesaid provi- sions relating to establishment thereof, the Ev- erglades National Park shall be established by order of the Secretary which shall be published in the Federal Register. (Dec. 6, 1944, ch. 508, 58 Stat. 794.) Editorial Notes REFERENCES IN TEXT Act of March 1, 1929 (45 Stat. 1443), referred to in sub- sec. (a), is act Mar. 1, 1929, ch. 446, 45 Stat. 1443, which is not classified to the Code. § 410e. Acquisition of additional lands; reserva- tion of oil, gas, and mineral rights; reserva- tion of royalty rights In order to consolidate the Federal ownership of lands within the boundary set forth in deed numbered 19035 executed December 28, 1944, by the trustees of the Internal Improvement Fund of the State of Florida, and accepted by the Sec- retary of the Interior on March 14, 1947, for Ev- erglades National Park purposes, the said Sec- retary is authorized, within the aforesaid bound- ary and with any funds made available for that purpose, to procure lands or interests therein by purchase or otherwise, subject, however, to the right of retention by owners of lands, interests in lands, interests in oil, gas, and mineral rights, or royalties, their heirs, executors, ad- ministrators, successors, or assigns (hereinafter referred to as ‘‘owners’’), at their election, of the following: (1) The reservation until October 9, 1958, of all oil, gas, and mineral rights or interests, in- cluding the right to lease, explore for, produce, store, and remove oil, gas, and other minerals from such lands: Provided, That if on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary set forth in aforesaid deed numbered 19035, then in that event the time of the reservation as set forth in this subsection shall automatically extend for all owners, regardless of whether such pro- duction 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. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress and egress to and from such lands as may be necessary; and (2) After the termination of the reserved rights of owners as set forth in subsection (1) hereof, 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 lands at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns. (Oct. 10, 1949, ch. 659, § 1, 63 Stat. 733.) § 410f. Limitation of Federal action during res- ervation period Unless consented to by an owner retaining the reservation set forth in subsection (1) of section 410e of this title, no action shall be taken by the Federal Government during the period of such reservation to purchase, acquire, or otherwise terminate or interfere with any lease or leases which may be applicable to said owner’s lands. (Oct. 10, 1949, ch. 659, § 2, 63 Stat. 734.) § 410g. Rules and regulations governing reserva- tion rights Any reservations retained under the provi- sions of subsection (1) of section 410e of this title shall be exercised by the owners subject to rea- sonable rules and regulations which the Sec- retary may prescribe for the protection of the park, but which shall permit the reserved rights to be exercised so that the oil, gas, and minerals may be explored for, developed, extracted, and removed from the park area in accordance with sound conservation practices. All operations shall be carried on under such regulations as the Secretary may prescribe to protect the lands and areas for park purposes. (Oct. 10, 1949, ch. 659, § 3, 63 Stat. 734.) § 410h. Ascertainment of owners’ election regard- ing reservation rights In any action caused by the Secretary of the Interior to be commenced for the acquisition of lands under the provisions hereof, reasonable diligence shall be exercised by him to ascertain whether owners elect to retain reservations in accordance with the provisions of sections 410e to 410h of this title. If, after the exercise of such reasonable diligence, owners cannot be located, or do not appear in judicial proceedings to ac- quire the lands, so that it may be ascertained whether they desire to retain reservations in ac- cordance with the provisions hereof, the Sec- retary may acquire the fee simple title to their lands free and clear of reservations as set forth in subsections (1) and (2) of section 410e of this title. (Oct. 10, 1949, ch. 659, § 4, 63 Stat. 734.) § 410i. Exterior boundaries; administration Notwithstanding section 410 of this title, or any action taken pursuant to authority con- tained therein, the exterior boundary of Ever- glades National Park, Florida, is subject to the provisions of section 410o of this title, fixed to include the following described lands: (1) Beginning at the intersection of the south right-of-way line of United States High- way Numbered 41, also known as the Tamiami Trail, and the west line of township 54 south, Page 261 TITLE 16—CONSERVATION § 410i range 37 east, as shown on the Everglades Na- tional Park base map numbered NP–EVE–7109, revised August 10, 1949; thence southerly along the west line of township 54 south, range 37 east, along the west line of Government lot 6 lying between township 54 south, and township 55 south, range 37 east, and along the west line of town- ship 55 south, range 37 east, and township 56 south, range 37 east and along the west lines of sections 6, 7, and 18, township 57 south, range 37 east, to the southwest corner of section 18, said township and range; thence easterly along the north line of sec- tion 19, 20, 21, 22, and 23 of said township and range to the northeast corner of section 23; thence southerly along the east line of sec- tions 23, 26, and 35 of said township and range to the southeast corner of said section 35; thence easterly along the south line of sec- tion 36, of said township and range, to the southeast corner of said section 36; thence southerly along the east line of sec- tions 1, 12, 13, 24, 25, and 36, township 58 south, range 37 east, and along the west line of sec- tions 6, 7, and 18, township 59 south, range 38 east, to the northwest corner of section 19, said township and range; thence easterly along the north line of sec- tions 19, 20, 21, 22, 23, and 24 of township 59 south, range 38 east, and sections 19 and 20 of township 59 south, range 39 east, to the south- west right-of-way line of United States High- way Numbered 1; thence southeasterly along the southwest right-of-way line of United States Highway Numbered 1 to a point which is the northerly point of a tract of land conveyed by the trust- ees of the internal improvement fund, State of Florida, to John E. Ravlin, and others, by deed dated November 5, 1943, recorded in deed book G16, page 72, in Monroe County public records; thence following along the westerly and southerly boundary of said tract to its point of intersection with a line parallel with and 200 feet northwesterly from the centerline of In- tracoastal Waterway near the southern point of said Ravlin tract; thence southwesterly, following a line par- allel to the centerline of said Intracoastal Wa- terway and 200 feet northwesterly from said centerline to a point due north of Long Key Light, approximately longitude 80 degrees 50 minutes west, latitude 24 degrees 51 minutes north; thence northwesterly, following a line at all times parallel to the centerline of said Intra- coastal Waterway and 200 feet northeasterly from said centerline to a point opposite the Oxford Bank Light, approximately longitude 81 degrees 00 minutes 40 seconds west, latitude 24 degrees 59 minutes 10 seconds north; thence northwesterly in a straight line to a point 3 miles due south of the most southern- most point of East Cape (Cape Sable); thence due north in a straight line to a point 2 miles due south of the most southernmost point of East Cape (Cape Sable); thence northwesterly in the Gulf of Mexico in a straight line to a point 2 miles due west of the southeast corner of fractional section 31 (Middle Cape), township 60 south, range 32 east; thence northwesterly in a straight line to a point 2 miles due west of the most western- most point of Northwest Cape (Cape Sable); thence northeasterly in a straight line to a point 2 miles due west of the northwest corner of fractional section 6, township 59 south, range 32 east; thence northwesterly in a straight line to a point 2 miles due west of the southwest corner of section 6, township 58 south, range 32 east; thence northwesterly in a straight line to a point 2 miles due west of the northwest corner of fractional section 28, township 56 south, range 31 east; thence northwesterly in a straight line to a point 3 miles due west of the southwest corner of fractional section 32, township 54 south, range 30 east; thence northwesterly in a straight line to the southwest corner of section 28, township 53 south, range 28 east; thence northerly along the west line of sec- tion 28, township 53 south, range 28 east, to the northwest corner of said section 28; thence easterly along the north line of sec- tion 28, township 53 south, range 28 east, to the northeast corner of said section 28; thence northerly along the west line of sec- tion 22, township 53 south, range 28 east, to the northwest corner of said section 22; thence easterly along the north line of sec- tion 22, township 53 south, range 28 east, to the northeast corner of said section 22; thence northerly along the west line of sec- tion 14, township 53 south, range 28 east, to the northwest corner of said section 14; thence easterly along the north line of sec- tion 14, township 53 south, range 28 east, to the northeast corner of said section 14; thence northerly along the west line of sec- tion 12, township 53 south, range 28 east, to the northwest corner of said section 12; thence easterly along the north line of sec- tion 12, township 53 south, range 28 east, to the northeast corner of said section 12; thence northerly along the west line of sec- tion 6, township 53 south, range 29 east, to the northwest corner of said section 6; thence easterly along the north line of town- ship 53 south, range 29 east, to the northeast corner of section 4, township 53 south, range 29 east; thence southerly along the east lines of sec- tions 4, 9, 16, and 21, township 53 south, range 29 east, to the southeast corner of the north- east quarter of said section 21; thence easterly to the center of section 22, township 53 south, range 29 east; thence southerly to the southeast corner of the southwest quarter of section 22, township 53 south, range 29 east; thence easterly along the south line of sec- tion 22, township 53 south, range 29 east, to the southeast corner of said section 22; thence southerly along the west line of sec- tion 26, township 53 south, range 29 east, to the southwest corner of the northwest quarter of said section 26; thence easterly to the center of section 26, township 53 south, range 29 east; Page 262 TITLE 16—CONSERVATION § 410i thence southerly to the northwest corner of the southwest quarter of the southeast quarter of section 26, township 53 south, range 29 east; thence easterly to the northeast corner of the southeast quarter of the southeast quarter of section 26, township 53 south, range 29 east; thence southerly along the east line of sec- tion 26, township 53 south, range 29 east, to the southeast corner of said section 26; thence easterly along the north line of sec- tion 36, township 53 south, range 29 east, to the northeast corner of the northwest quarter of said section 36; thence southerly to the southwest corner of the northwest quarter of the southeast quarter of section 36, township 53 south, range 29 east; thence easterly to the southeast corner of the northeast quarter of the southeast quarter of section 36, township 53 south, range 29 east; thence continuing easterly to the southeast corner of the northwest quarter of the south- west quarter of section 31, township 53 south, range 30 east; thence northerly to the northeast corner of the northwest quarter of the northwest quar- ter of section 31, township 53 south, range 30 east; thence continuing northerly to the north- east corner of the southwest quarter of the southwest quarter of section 30, township 53 south, range 30 east; thence westerly to the northeast corner of the southeast quarter of the southeast quarter of section 25, township 53 south, range 29 east; thence northerly along the east lines of sec- tions 25, 24, and 13, township 53 south, range 29 east, to the northeast corner of said section 13; thence easterly along the north lines of sec- tions 18, 17, 16, 15, 14, and 13, to the northeast corner of section 13, township 53 south, range 30 east; thence southerly along the east lines of sec- tions 13, 24, 25, and 36 to the southeast corner section 36, township 53 south, range 30 east; thence easterly along the north lines of sec- tions 6, 5, and 4 to the northeast corner of sec- tion 4, township 54 south, range 31 east; thence southerly along the east line of sec- tion 4 to the southeast corner of section 4, township 54 south, range 31 east; thence easterly along the north line of sec- tion 10 to the northeast corner of section 10, township 54 south, range 31 east; thence southerly along the east line of sec- tion 10 to the southeast corner of section 10, township 54 south, range 31 east; thence easterly along the north line of sec- tion 14 to the northeast corner of section 14, township 54 south, range 31 east; thence southerly along the east line of sec- tion 14 to the southeast corner of section 14, township 54 south, range 31 east; thence easterly along the north line of sec- tion 24 to the northeast corner of section 24, township 54 south, range 31 east; thence southerly along the east lines of sec- tions 24 and 25 to the southeast corner of sec- tion 25, township 54 south, range 31 east; thence easterly along the north lines of sec- tions 31, 32, and 33 to the northeast corner of section 33, township 54 south, range 32 east; thence southerly along the east line of sec- tion 33 to the southeast corner of section 33, township 54 south, range 32 east; thence easterly along the north line of sec- tion 3, to the northeast corner of section 3, township 55 south, range 32 east; thence southerly along the east lines of sec- tions 3 and 10, to the southeast corner of sec- tion 10, township 55 south, range 32 east; thence easterly along the north line of sec- tion 14, to the northeast corner of section 14, township 55 south, range 32 east; thence southerly along the east line of sec- tion 14, to the southeast corner of section 14, township 55 south, range 32 east; thence easterly along the north line of sec- tion 24, to the northeast corner of section 24, township 55 south, range 32 east; thence southerly along the east lines of sec- tions 24 and 25 to the northeast corner of the southeast quarter of section 25, township 55 south, range 32 east; thence easterly along the north line of the south half of section 30 to the northeast corner of the south half of section 30, township 55 south, range 33 east; thence southerly along the east lines of sec- tions 30 and 31 to the southeast corner of sec- tion 31, township 55 south, range 33 east; thence southerly along the east line of sec- tion 6, to the southeast corner of section 6, township 56 south, range 33 east; thence easterly along the north lines of sec- tions 8, 9, 10, 11, and 12, to the northeast cor- ner of section 12, township 56 south, range 33 east; thence easterly along the north lines of sec- tions 7, 8, 9, 10, 11, and 12, to the northeast cor- ner of section 12, township 56 south, range 34 east; thence easterly along the north line of sec- tion 7 to the northeast corner of section 7, township 56 south, range 35 east; thence northerly along the west line of sec- tion 5 to the northwest corner of section 5, township 56 south, range 35 east; thence northerly along the west lines of sec- tions 32, 29, 20, 17, 8, and 5 to the northwest corner of section 5, township 55 south, range 35 east; thence northerly along the west lines of sec- tions 32, 29, and 20 to the intersection of the south right-of-way line of the Loop Road, township 54 south, range 35 east; thence easterly along the south right-of-way line of the Loop Road and the south right-of- way line of United States Highway Numbered 41, also known as the Tamiami Trail, through sections 20, 21, 22, 23, and 24, township 54 south, range 35 east, to the intersection of the east township line, township 54 south, range 35 east; thence easterly along the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, through sections 19, 20, 21, 22, 23, and 24, township 54 south, range 36 east, to the east township line of township 54 south, range 36 east; thence easterly along the south right-of-way line of United States Highway Numbered 41, also known as the Tamiami Trail, across Page 263 TITLE 16—CONSERVATION § 410l township 361⁄2 east to the intersection of the west line of township 54 south, range 37 east, the point of beginning; (2) Land acquired by the United States of America for furthering administration and use of the park by deeds dated January 25, 1954 (2), and February 27, 1954 (2), recorded in the pub- lic records of Monroe County, Florida, book OR–3, pages 302 to 308, inclusive, and book OR–2, pages 378 to 381, inclusive, respectively; and accepted by the National Park Service on April 7, 1954 (2), and April 5, 1954 (2), respec- tively; and (3) Not to exceed 35 acres, to be acquired by donation only, in or in the vicinity of Ever- glades City, Florida, which the Secretary of the Interior may find necessary and suitable for furthering administration and use of the park. Land and water now in Federal ownership within said boundary shall continue to be ad- ministered as Everglades National Park; how- ever, the land and water therein not in Federal ownership shall be administered as a part of the park only after being acquired as hereinafter provided. (Pub. L. 85–482, § 1, July 2, 1958, 72 Stat. 280.) Statutory Notes and Related Subsidiaries EVERGLADES ECOSYSTEM RESTORATION Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. 295, provided in part: ‘‘That in addition, the National Park Service may accept and use other Federal or non- Federal funds to implement the Tamiami Trail project, and may enter into a cooperative agreement or other agreements with the State of Florida to transfer funds to the State to plan and construct the Tamiami Trail project: Provided further, That a contract for the Tamiami Trail project may not be awarded until suffi- cient Federal funds and written commitments from non-Federal entities are available to cover the total es- timated cost of the contract: Provided further, That be- cause the Tamiami Trail project provides significant environmental benefits for Everglades National Park, the requirements of 49 U.S.C. 303 are deemed satisfied with respect to such project and no additional docu- mentation shall be required under such section.’’ Pub. L. 112–74, div. E, title I, § 107, Dec. 23, 2011, 125 Stat. 1008, provided that: ‘‘This [fiscal year 2012] and any subsequent fiscal year, the National Park Service is authorized to implement modifications to the Tamiami Trail as described in, and in accordance with, the preferred alternative identified in the final environ- mental impact statement noticed in the Federal Reg- ister on December 14, 2010, (75 Fed. Reg. 77896), relating to restoration efforts of the Everglades ecosystem.’’ § 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 Na- tional Park shall on and after July 2, 1958 be re- stricted to the area within the boundary de- scribed in section 410i of this title. Notwith- standing 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 in- terests therein by purchase or otherwise. The authority to acquire land, water, and in- terests 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 inter- ests 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, in- cluding 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 auto- matically 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 Janu- ary 1, 1985, should production ever be author- ized by the Federal Government or its assigns. (Pub. L. 85–482, § 2, July 2, 1958, 72 Stat. 284; Pub. L. 91–428, § 2, Sept. 26, 1970, 84 Stat. 885.) Editorial Notes AMENDMENTS 1970—Pub. L. 91–428 struck out restriction against ac- quisition 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. § 410k. Limitation of Federal action during res- ervation period Unless consented to by an owner retaining the reservation set forth in subsections (1) and (2) of section 410j of this title, no action shall be taken by the Federal Government during the pe- riod of such reservation to purchase, acquire, or otherwise terminate or interfere with any lease or leases which may be applicable to said own- er’s land. (Pub. L. 85–482, § 3, July 2, 1958, 72 Stat. 285.) § 410l. Rules and regulations governing reserva- tion rights Any reservations retained under the provi- sions of subsections (1) and (2) of section 410j of this title shall be exercised by the owners sub-