[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Reported in Senate (RS)]






                                                       Calendar No. 804
110th CONGRESS
  2d Session
                                S. 2804

                          [Report No. 110-372]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2008

  Mr. Nelson of Florida (for himself and Mr. Martinez) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the Tarpon Basin property proposed for 
        acquisition by the Secretary (acting through the Director of 
        the National Park Service) contains habitat for--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) more than 70 percent of the hardwood hammock 
        in South Key Largo has been lost to development; and</DELETED>
        <DELETED>    (4) vessel owners often anchor the vessels of the 
        owners in a saltwater pond--</DELETED>
                <DELETED>    (A) that is located within the Tarpon 
                Basin property; and</DELETED>
                <DELETED>    (B) to protect the vessels from tropical 
                storms and hurricanes.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. BOUNDARY REVISION.</DELETED>

<DELETED>    (a) Boundary Revision.--The boundary of the Everglades 
National Park is adjusted to include the Tarpon Basin 
property.</DELETED>
<DELETED>    (b) Acquisition Authority.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Availability of Map.--The map shall be on file and 
available for public inspection in the appropriate offices of the 
National Park Service.</DELETED>
<DELETED>    (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)--</DELETED>
        <DELETED>    (1) as part of the Everglades National Park; 
        and</DELETED>
        <DELETED>    (2) in accordance with applicable laws (including 
        regulations).</DELETED>

<DELETED>SEC. 5. USE OF HURRICANE HOLE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Eligibility.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Conditions of Permit.--</DELETED>
        <DELETED>    (1) Sailing vessels.--A permit issued under 
        subsection (a) shall be valid only for a sailing 
        vessel.</DELETED>
        <DELETED>    (2) Transferability.--A permit issued under 
        subsection (a) shall not be transferrable.</DELETED>
        <DELETED>    (3) Expiration.--A permit issued under subsection 
        (a) shall expire on the date of the death of the holder of the 
        permit.</DELETED>
<DELETED>    (d) Protection of Resources.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) to protect the resources of the 
                Everglades National Park; and</DELETED>
                <DELETED>    (B) to ensure the safety of the public at 
                the Everglades National Park.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Fees.--The Secretary may charge a fee to recover the 
cost of issuing, and monitoring the compliance of, the permits under 
subsection (a).</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Hurricane hole.--The term ``Hurricane Hole'' means the 
        natural salt-water body of water within the Duesenbury Tracts 
        of the eastern parcel of the Tarpon Basin boundary adjustment 
        and accessed by Duesenbury Creek.
            (2) Map.--The term ``map'' means the map entitled 
        ``Proposed Tarpon Basin Boundary Revision'', numbered 160/
        80,012, and dated May 2008.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tarpon basin property.--The term ``Tarpon Basin 
        property'' means land that--
                    (A) is comprised of approximately 600 acres of land 
                and water surrounding Hurricane Hole, as generally 
                depicted on the map; and
                    (B) is located in South Key Largo.

SEC. 3. BOUNDARY REVISION.

    (a) Boundary Revision.--The boundary of the Everglades National 
Park is adjusted to include the Tarpon Basin property.
    (b) Acquisition Authority.--The Secretary may acquire from willing 
sellers by donation, purchase with donated or appropriated funds, or 
exchange, land, water, or interests in land and water, within the area 
depicted on the map, to be added to Everglades National Park.
    (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.--Land added to Everglades National Park by this 
section shall be administered as part of Everglades National Park in 
accordance with applicable laws (including regulations).

SEC. 4. HURRICANE HOLE.

    The Secretary may allow use of Hurricane Hole by sailing vessels 
during emergencies, subject to such terms and conditions as the 
Secretary determines to be necessary.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 804

110th CONGRESS

  2d Session

                                S. 2804

                          [Report No. 110-372]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment