16 U.S.C. § 698i — Administration of Big Cypress Preserve;

Page 1243 TITLE 16—CONSERVATION § 698j 1 See 1988 Amendment note below. 1 See References in Text note below. 2 So in original. Probably should be ‘‘preserve’’. 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such ad- ditional lands as the Secretary deems reason- ably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and (ii) any other building, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which was constructed and is used in accordance with all applicable State and local laws and ordi- nances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the Secretary shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, or January 1, 1986, as the case may be, to- gether with any structures accessory to the building which are situated on the lands so designated. In making such designation the Secretary shall take into account the manner of use in which the building, accessory struc- tures, and lands were customarily enjoyed prior to November 23, 1971 or January 1, 1986, as the case may be.1 (c) Waiver of right to relocation assistance by election of right of use and occupancy Whenever an owner of property elects to re- tain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 4623, 4624, 4625, and 4626 of title 42, and for the purposes of such sections such owner shall not be considered a displaced person as de- fined in section 4601(6) of title 42. (Pub. L. 93–440, § 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L. 100–301, § 4(f), Apr. 29, 1988, 102 Stat. 445.) Editorial Notes AMENDMENTS 1988—Subsec. (b)(i). Pub. L. 100–301, § 4(f)(1), inserted ‘‘with respect to the preserve and January 1, 1986, with respect to the Addition’’ after ‘‘November 23, 1971,’’. Subsec. (b)(ii). Pub. L. 100–301, § 4(f)(2)(A), inserted ‘‘with respect to the preserve and January 1, 1986, with respect to the Addition’’ after ‘‘November 23, 1971,’’. Pub. L. 100–301, § 4(f)(2)(B), which directed insertion of ‘‘or January 1, 1986, as the case may be,’’ after ‘‘Novem- ber 23, 1971,’’ the second and third places it appears, was executed by making the insertion after ‘‘November 23, 1971,’’ the second place it appears and after ‘‘November 23, 1971’’ preceding the period as the probable intent of Congress. § 698i. Administration of Big Cypress Preserve; applicability of other laws; rules and regula- tions for use of lands and waters; transpor- tation facilities; consultation and coopera- tion with Secretary of Transportation (a) The area within the boundaries depicted on the map referred to in section 698f of this title shall be known as the Big Cypress National Pre- serve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of sections 698f to 698m–4 of this title and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented. (b) In administering the preserve, the Sec- retary shall develop and publish in the Federal Register such rules and regulations as he deems necessary and appropriate to limit or control the use of Federal lands and waters with respect to: (1) motorized vehicles, (2) exploration for and extraction of oil, gas, and other minerals, (3) grazing, (4) draining or constructing of works or structures which alter the natural water courses, (5) agriculture, (6) hunting, fishing, and trapping, (7) new construction of any kind, and (8) such other uses as the Secretary deter- mines must be limited or controlled in order to carry out the purposes of sections 698f to 698m–4 of this title: Provided, That the Sec- retary shall consult and cooperate with the Secretary of Transportation to assure that necessary transportation facilities shall be lo- cated within existing or reasonably expanded rights-of-way and constructed within the re- serve 2 in a manner consistent with the pur- poses of sections 698f to 698m–4 of this title. (Pub. L. 93–440, § 4, Oct. 11, 1974, 88 Stat. 1260.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (a), 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 Proce- dure, 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. § 698j. Hunting, fishing, and trapping in Big Cy- press Preserve and Addition authorized in accordance with applicable Federal and State laws; consultation with appropriate State agency prior to implementation of reg- ulations restricting activities; land use and retention rights of Miccosukee and Seminole Indian Tribes The Secretary shall permit hunting, fishing, and trapping on lands and waters under his ju- risdiction within the preserve and the Addition in accordance with the applicable laws of the