16 U.S.C. § 410m — Ascertainment of owners’ election re-

Page 264 TITLE 16—CONSERVATION § 410m ject to reasonable rules and regulations which the Secretary 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, ex- tracted, and removed from the park area in ac- cordance with sound conservation practices. All operations shall be carried on under such regula- tions as the Secretary may prescribe to protect the land and area for park purposes. (Pub. L. 85–482, § 4, July 2, 1958, 72 Stat. 285.) § 410m. Ascertainment of owners’ election re- garding reservation rights In acquiring any of the land or water within the area described in section 410i of this title the Secretary of the Interior shall exercise reason- able diligence to ascertain whether owners elect to retain reservations in accordance with the provisions of section 410j of this title. If, after the exercise of such reasonable diligence, owners cannot be located, or do not appear in judicial proceedings to acquire the land and water, so that it may be ascertained whether they desire to retain reservations in accordance with the provisions hereof, the Secretary may acquire the fee simple title to their land free and clear of reservations as set forth in subsections (1), (2), and (3) of section 410j of this title. (Pub. L. 85–482, § 5, July 2, 1958, 72 Stat. 285.) § 410n. Drainage of lands; right-of-way Unless the Secretary, after notice and oppor- tunity for hearing, shall find that the same is seriously detrimental to the preservation and propagation of the flora or fauna of Everglades National Park, he shall permit such drainage through the natural waterways of the park and the construction, operation, and maintenance of artificial works for conducting water thereto as is required for the reclamation by the State of Florida or any political subdivision thereof or any drainage district organized under its laws of lands lying easterly of the eastern boundary of the park in township 54 south, ranges 31 and 32 east, township 55 south, ranges 32 and 33 east, and township 56 south, range 33 east. He shall grant said permission, however, only after a master plan for the drainage of said lands has been approved by the State of Florida and after finding that the approved plan has engineering feasibility and is so designed as to minimize dis- ruptions of the natural state of the park. Any right-of-way granted pursuant to this section shall be revocable upon breach of the conditions upon which it is granted, which conditions shall also be enforcible in any other appropriate man- ner, and the grantee shall be obligated to re- move its improvements and to restore the land occupied by it to its previous condition in the event of such revocation. (Pub. L. 85–482, § 6, July 2, 1958, 72 Stat. 286.) § 410o. Exchange of land, water, and interests therein The Secretary of the Interior is authorized to transfer to the State of Florida by quitclaim deed the land, water, and interests therein, pre- viously acquired by the United States of Amer- ica for Everglades National Park and not in- cluded within such park by section 410i of this title, such transfer to be in exchange for the conveyance by the State of Florida to the United States of all land, water, and interests therein, owned by the State within the boundary of the park as described in section 410i of this title: Provided, That exclusion of any land, water, and interests therein from the park boundary pursuant to section 410i of this title shall be dependent upon the contemporaneous conveyance by the State to the United States of all land, water, and interests therein, owned by the State within the park boundary described in section 410i of this title, including land, water, and interests therein, heretofore conveyed to the State, for transfer to the United States for inclusion in Everglades National Park. The ef- fectuation of the transfer provided for in this section shall be a condition precedent to the ac- quisition by the Secretary of any land, water, or interests therein held in private ownership with- in the boundaries set forth in section 410i of this title and outside the area designated in sections 410e to 410h of this title, except as such acquisi- tion is by donation. (Pub. L. 85–482, § 7, July 2, 1958, 72 Stat. 286.) § 410p. Authorization of appropriations (a) There are authorized to be appropriated such sums, but not more than $22,000,000 in all, as are required for the acquisition of land, water, and interests therein held in private own- ership within the boundaries of Everglades Na- tional Park as fixed by section 410i of this title and outside the area described in sections 410e to 410h of this title. (b) In addition to the amount authorized in subsection (a) of this section there is authorized to be appropriated such amount, not in excess of $700,200, as is necessary for the acquisition, in accordance with the provisions of sections 410i to 410p of this title, of the following described privately owned lands: Sections 3, 4, and 5; section 6, less the west half of the northwest quarter; sections 7, 8, 9, and 10; north half of section 15; and sections 17 and 18, all in township 59 south, range 37 east, Tallahassee meridian. (Pub. L. 85–482, § 8, July 2, 1958, 72 Stat. 286; Pub. L. 91–88, Oct. 17, 1969, 83 Stat. 134; Pub. L. 91–428, § 1, Sept. 26, 1970, 84 Stat. 885.) Editorial Notes AMENDMENTS 1970—Subsec. (a). Pub. L. 91–428 substituted ‘‘$22,000,000’’ for ‘‘$2,000,000’’. 1969—Pub. L. 91–88 designated existing provisions as subsec. (a) and added subsec. (b). § 410q. Exchange of lands In order to further the administration and use of the Everglades National Park, the Secretary of the Interior is authorized to accept on behalf of the United States title to the following de- scribed parcels of land: Those parts of tracts ‘‘R’’ and ‘‘S’’ which lie west of the right-of-way of State Road Num- bered 29, and lots 1 to 9, inclusive, of block 40,