16 U.S.C. § 698n — Timucuan Ecological and Historic Pre-

Page 1246 TITLE 16—CONSERVATION § 698n (1) exploration or development and produc- tion activities may not be undertaken, except pursuant to a permit issued by the National Park Service authorizing such activities or ac- cess; 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 ap- plicant agree that such final action shall occur within a shorter or longer period of time; or (B) the National Park Service determines that an additional 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 regulations; or (C) the National Park Service, within 30 days from the date of submission of such ap- plication, notifies the applicant that such application does not contain all information reasonably necessary to allow the National Park Service to consider such application and requests that such additional informa- tion be provided. After receipt of such notifi- cation to the applicant, the applicant shall supply any reasonably necessary additional information and shall advise the National Park Service that the applicant believes that the application contains all reasonably necessary information and is therefore com- plete, whereupon the National Park Service may— (i) within 30 days of receipt of such no- tice from the applicant to the National Park Service determine that the applica- tion 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 provides notification to the National Park Service that its application is complete. (c) Activities to conform to requirements of Na- tional Park Service Such activities shall be permitted to occur if such activities conform to requirements estab- lished by the National Park Service under au- thority of law. (d) Consideration of practices used in similar habitats or ecosystems In establishing standards governing the con- duct of exploration or development and produc- tion activities within the boundaries 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 ecosystems within the Big Cypress National Preserve or the Addition 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 ap- propriate. (e) Interim agreements with owners of non-Fed- eral oil and gas interests prior to promulga- tion of rules and regulations Prior to the promulgation of rules or regula- tions under this section, the Secretary is au- thorized, 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 explo- ration, 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: Provided, That such agreement shall be consistent with the requirements of sub- sections (b)–(d) of this section and may be al- tered by the terms of rules and regulations sub- sequently promulgated by the Secretary: Pro- vided further, That this provision shall not be construed to enlarge or diminish the authority of the Secretary to establish rules and regula- tions applicable to the conduct of exploration or development and production activities within the Big Cypress National Preserve or the Addi- tion. (f) Minerals Management Office; establishment; duties 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, consistent with the purposes for which the Big Cypress Na- tional Preserve was established, timely consid- eration of and final action on applications for the exploration or development and production of non-Federal oil and gas rights located be- neath the surface of lands within the boundaries of the Big Cypress National Preserve and the Addition. (g) Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the activities set forth in this section. (Pub. L. 93–440, § 12, as added Pub. L. 100–301, § 8, Apr. 29, 1988, 102 Stat. 446.) § 698n. Timucuan Ecological and Historic Pre- serve (a) Establishment (1) In general There is established in the St. Johns River Valley, Florida, where the Timucuan Indians lived in prehistoric and historic times, the Timucuan Ecological and Historic Preserve (hereafter in sections 698n to 698p of this title referred to as the ‘‘Preserve’’). The Preserve shall comprise the lands, waters, and interests therein within the boundaries generally de- picted on a map of Duval County, Florida, en- titled ‘‘Timucuan Ecological and Historic Pre- serve’’ numbered NA–TEHP 80,003–A and dated July 1987. The map shall be on file and avail- able for public inspection in the Office of the National Park Service, Department of the In- terior. The Secretary of the Interior may make minor revisions in the boundary of the Preserve in accordance with section 100506(c) Page 1247 TITLE 16—CONSERVATION § 698o 1 See References in Text note below. of title 54. The Preserve shall also include within its boundaries all that land consisting of approximately 500 acres adjacent to Fort Caroline National Memorial and known as the Theodore Roosevelt Preserve, being land for- merly owned by one Willie Brown and donated by him to The Nature Conservancy. (2) Modification of boundary (A) In general In addition to the land described in para- graph (1), the Preserve shall include approxi- mately 8.5 acres of land located in Nassau County, Florida, as generally depicted on the map entitled ‘‘Timucuan Ecological and Historic Preserve American Beach Adjust- ment’’, numbered 006/80012 and dated June 2003. (B) Duties of Secretary The Secretary of the Interior shall— (i) revise the boundaries of the Preserve so as to encompass the land described in subparagraph (A); and (ii) maintain the map described in sub- paragraph (A) on file and available for pub- lic inspection in the appropriate offices of the National Park Service. (b) Land acquisition The Secretary of the Interior (hereinafter in sections 698n to 698p of this title referred to as the ‘‘Secretary’’) is authorized to acquire lands and interests therein within the Preserve by do- nation, purchase with donated or appropriated funds, or exchange, but no lands other than wet- lands or interests therein may be acquired with- out the consent of the owner. For purposes of this subsection, the term ‘‘wetlands’’ has the same meaning as provided by section 3902 of this title. Lands, interests in lands, and improve- ments thereon within the boundaries of the Pre- serve which are owned by the State of Florida or any political subdivision thereof may be ac- quired only by donation or exchange. On lands acquired for inclusion within the Preserve, the Secretary shall not impair any legal riparian right of access nor shall he preclude the contin- ued use of any legal right of way. (c) Administration The Secretary shall administer those lands ac- quired for inclusion within the Preserve in such a manner as to protect the natural ecology of such land and water areas in accordance with sections 698n to 698p of this title and the provi- sions of law generally applicable to units of the National Park System, including the Act of Au- gust 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).1 The Secretary shall permit boating, boating-related activities, hunting, and fishing within the Pre- serve in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety. (d) Development of multiunit residential/resort project Nothing in sections 698n to 698p of this title shall affect development of a multiunit residen- tial/resort project currently proposed for Fort George Island, nor shall any provision of sec- tions 698n to 698p of this title be construed to af- fect any Federal, State or local law applicable to such project. (Pub. L. 100–249, title II, § 201, Feb. 16, 1988, 102 Stat. 13; Pub. L. 108–321, § 2, Oct. 5, 2004, 118 Stat. 1214.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in subsec. (c), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. CODIFICATION In subsec. (a)(1), ‘‘section 100506(c) of title 54’’ sub- stituted for ‘‘section 7(c) of the Land and Water Con- servation Fund Act of 1965’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act en- acted Title 54, National Park Service and Related Pro- grams. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–321 designated existing provisions as par. (1), inserted heading, substituted ‘‘There is’’ for ‘‘There is hereby’’, and added par. (2). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–321, § 1, Oct. 5, 2004, 118 Stat. 1214, provided that: ‘‘This Act [amending this section] may be cited as the ‘Timucuan Ecological and Historic Preserve Bound- ary Revision Act of 2004’.’’ § 698o. Protection of significant historic assets The Secretary, with the consent of the owners thereof, may acquire by donation or purchase with donated funds the following properties or sites of significant historic interest in Duval County, Florida: (1) Spanish sixteenth century forts San Ga- briel and San Estaban. (2) Spanish eighteenth century fort Dos Hermanas. (3) English eighteenth century forts at Saint Johns Bluff and Fort George Island. (4) Spanish sixteenth and seventeenth cen- tury mission San Juan del Puerto. (5) Site of the American Revolutionary War battle of Thomas Creek. (6) The Zephaniah Kingsley plantation, with its eighteenth and nineteenth century build- ings. (7) The Spanish American War fortification on Saint Johns Bluff. (8) The confederate fort known as the Yellow Bluff Fort State Historic Site. (Pub. L. 100–249, title II, § 202, Feb. 16, 1988, 102 Stat. 14.)