II Calendar No. 804 110th CONGRESS 2d Session S. 2804 [Report No. 110–372] 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.
1.
Short title
This Act may be cited as the Everglades National Park Boundary Adjustment Act of 2008.
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.
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.
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).
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).
6.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.
1.
Short title
This Act may be cited as the Everglades National Park Boundary Adjustment Act of 2008.
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.
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).
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.
5.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.
June 16, 2008 Reported with an amendment