16 U.S.C. § 410a — Acceptance of title to lands

Page 259 TITLE 16—CONSERVATION § 410d 1 See References in Text note below. ‘‘(2) TRIBE HELD HARMLESS.—Notwithstanding any other provision of law, the Tribe and the members of the Tribe shall not be liable for any injury, loss, dam- age, or harm that— ‘‘(A) occurs with respect to the MRA; and ‘‘(B) is caused by an action or failure to act by the United States, or the officer, agent, or em- ployee of the United States (including the failure to perform any obligation of the United States under this Act). ‘‘(g) COOPERATIVE AGREEMENTS.—Nothing in this Act shall alter the authority of the Secretary and the Tribe to enter into any cooperative agreement, including any agreement concerning law enforcement, emergency re- sponse, or resource management. ‘‘(h) WATER RIGHTS.—Nothing in this Act shall en- hance or diminish any water rights of the Tribe, or members of the Tribe, or the United States (with re- spect to the Park). ‘‘(i) ENFORCEMENT.— ‘‘(1) ACTIONS BROUGHT BY ATTORNEY GENERAL.—The Attorney General may bring a civil action in the United States district court for the district in which the MRA is located, to enjoin the Tribe from vio- lating any provision of this Act. ‘‘(2) ACTION BROUGHT BY TRIBE.—The Tribe may bring a civil action in the United States district court for the district in which the MRA is located to enjoin the United States from violating any provision of this Act.’’ § 410a. Acceptance of title to lands The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States, title to the lands referred to in section 410 of this title as may be deemed by him necessary or desirable for national-park purposes: Provided, That no land for said park shall be accepted until exclusive jurisdiction over the entire park area, in form satisfactory to the Secretary of the Interior, shall have been ceded by the State of Florida to the United States. (May 30, 1934, ch. 371, § 2, 48 Stat. 816.) § 410b. Administration, protection, and develop- ment The administration, protection, and develop- ment of the aforesaid park shall be exercised under the direction of the Secretary of the Inte- rior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’,1 as amended: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to this park: Provided further, That nothing in sections 410 to 410c of this title shall be construed to lessen any existing rights of the Seminole Indians which are not in conflict with the purposes for which the Everglades National Park is created. (May 30, 1934, ch. 371, § 3, 48 Stat. 816; Aug. 21, 1937, ch. 732, 50 Stat. 742.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, referred to in text, 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. The Federal Power Act, referred to in text, was in the original the ‘‘Act approved June 10, 1920, known as the Federal Water Power Act,’’ and was redesignated as the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Ta- bles. AMENDMENTS 1937—Act Aug. 21, 1937, struck out proviso which pro- hibited expenditure of public moneys by the United States on the park within a period of five years. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 410c. Preservation of primitive condition The said area or areas shall be permanently reserved as a wilderness, and no development of the project or plan for the entertainment of visi- tors shall be undertaken which will interfere with the preservation intact of the unique flora and fauna and the essential primitive natural conditions now prevailing in this area. (May 30, 1934, ch. 371, § 4, 48 Stat. 817.) § 410d. Acceptance and protection of property pending establishment of park; publication of establishment order (a) For the purpose of protecting the scenery, the wildlife, and other natural features of the region authorized to be established as the Ever- glades National Park by sections 410 to 410c of this title, notwithstanding any provision con- tained in said sections, the Secretary of the In- terior is authorized in his discretion to accept on behalf of the United States any land, sub- merged land, or interests therein, subject to such reservations of oil, gas, or mineral rights as the Secretary may approve, within the area of approximately two thousand square miles rec- ommended by said Secretary in his report to the Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443): Provided, That no general development of the property ac- cepted pursuant to this section shall be under- taken nor shall the park be established until title satisfactory to the Secretary to a major portion of the lands, to be selected by him, with- in the aforesaid recommended area shall have