[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5708 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5708

 To adjust the boundary of the Everglades National Park, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2008

 Ms. Ros-Lehtinen (for herself and Mr. Hastings of Florida) introduced 
  the following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
 To adjust the boundary of the Everglades National Park, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Everglades National Park Boundary 
Adjustment Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Tarpon Basin property proposed for acquisition by 
        the Secretary (acting through the Director of the National Park 
        Service) contains habitat for--
                    (A) the wood stork and the West Indian manatee, 
                each of which is listed as an endangered species under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.); and
                    (B) the roseate spoonbill and the white-crowned 
                pigeon, each of which is listed as a threatened species 
                by the Florida Game and Fresh Water Fish Commission;
            (2) the Tarpon Basin property also includes approximately 
        10 acres of subtropical hardwood hammock, a habitat found only 
        in South Florida and the Florida Keys;
            (3) more than 70 percent of the hardwood hammock in South 
        Key Largo has been lost to development; and
            (4) vessel owners often anchor the vessels of the owners in 
        a saltwater pond--
                    (A) that is located within the Tarpon Basin 
                property; and
                    (B) to protect the vessels from tropical storms and 
                hurricanes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Hurricane hole.--The term ``Hurricane Hole'' means the 
        saltwater pond that--
                    (A) is located east of the Intracoastal Waterway as 
                the Waterway passes through Dusenbury Creek; and
                    (B) has been used historically to moor sailboats 
                during tropical storms and hurricanes.
            (2) Map.--The term ``map'' means the map entitled 
        ``Proposed Tarpon Basin Boundary Revision'' and dated April 14, 
        2003.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tarpon basin property.--The term ``Tarpon Basin 
        property'' means the land that--
                    (A) is comprised of approximately 600 acres of land 
                and water surrounding Tarpon Basin, as generally 
                depicted on the map; and
                    (B) is located in South Key Largo.

SEC. 4. BOUNDARY REVISION.

    (a) Boundary Revision.--The boundary of the Everglades National 
Park is adjusted to include the Tarpon Basin property.
    (b) Acquisition Authority.--
            (1) In general.--In accordance with paragraph (2), the 
        Secretary may acquire, through a voluntary donation, sale, or 
        exchange, any land or interest in land that is located in the 
        Tarpon Basin property.
            (2) Requirement relating to sales.--With respect to a sale 
        to acquire any land or interest in land under paragraph (1) 
        that is located in the Tarpon Basin property, the Secretary may 
        only use donated or appropriated funds.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (d) Administration.--The Secretary shall administer each land and 
water added to the Everglades National Park by subsection (a), or 
through a voluntary donation, sale, or exchange under subsection (b)--
            (1) as part of the Everglades National Park; and
            (2) in accordance with applicable laws (including 
        regulations).

SEC. 5. USE OF HURRICANE HOLE.

    (a) Authority To Issue Permits.--The Secretary may issue a permit 
to any owner of a sailing vessel who, before the date of enactment of 
this Act, had secured the sailing vessel of the owner in Hurricane Hole 
to protect the sailing vessel from a tropical storm or hurricane.
    (b) Eligibility.--
            (1) Evidence of prior use.--To be eligible to receive a 
        permit under subsection (a), an owner of a sailing vessel shall 
        provide to the Secretary evidence that the Secretary determines 
        to be sufficient to establish that the owner of the sailing 
        vessel had, before the date of enactment of this Act, secured 
        the sailing vessel of the owner in Hurricane Hole to protect 
        the vessel from a tropical storm or hurricane.
            (2) Indemnity requirement.--To be eligible to receive a 
        permit under subsection (a), an owner of a sailing vessel shall 
        agree to hold the United States harmless, and to indemnify the 
        United States from any claim or damage that may arise from any 
        activity conducted under the permit (including damage to the 
        sailing vessel that is the subject of the permit).
    (c) Conditions of Permit.--
            (1) Sailing vessels.--A permit issued under subsection (a) 
        shall be valid only for a sailing vessel.
            (2) Transferability.--A permit issued under subsection (a) 
        shall not be transferrable.
            (3) Expiration.--A permit issued under subsection (a) shall 
        expire on the date of the death of the holder of the permit.
    (d) Protection of Resources.--
            (1) Authority of secretary.--The Secretary may include in a 
        permit issued under subsection (a) any term or condition that 
        the Secretary determines to be necessary--
                    (A) to protect the resources of the Everglades 
                National Park; and
                    (B) to ensure the safety of the public at the 
                Everglades National Park.
            (2) Bond.--To accomplish each goal described in paragraph 
        (1), the Secretary may require each holder of a permit issued 
        under subsection (a) to post a bond.
    (e) Fees.--The Secretary may charge a fee to recover the cost of 
issuing, and monitoring the compliance of, the permits under subsection 
(a).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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