16 U.S.C. § 410j — Acquisition of land, water, and interests

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-