[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3340 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3340

  To provide for the resolution of several land ownership and related 
 issues with respect to parcels of land located within the Everglades 
                             National Park.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2008

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

_______________________________________________________________________

                                 A BILL


 
  To provide for the resolution of several land ownership and related 
 issues with respect to parcels of land located within the Everglades 
                             National Park.

    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 Land 
Exchange Act of 2008''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Everglades National Park is a nationally and 
        internationally significant resource adversely affected by 
        external factors that have altered the natural hydrological 
        conditions within the boundary of the National Park;
            (2) section 102(a) of the Everglades National Park 
        Protection and Expansion Act of 1989 (16 U.S.C. 410r-6(a)) 
        modified the boundary of the National Park to include 107,600 
        acres of land located in the Northeast Shark River Slough and 
        the East Everglades, each area of which is critical to the 
        hydrology of the National Park;
            (3) the construction of modifications to the Central and 
        South Florida Project authorized under section 104(a) of the 
        Everglades National Park Protection and Expansion Act of 1989 
        (16 U.S.C. 410r-8(a)) is designed to improve water deliveries 
        to the National Park through physical and operational 
        modifications to the Project;
            (4) the Comprehensive Everglades Restoration Plan approved 
        by section 601(b) of the Water Resources Development Act of 
        2000 (114 Stat. 2680) provides guidance for the implementation 
        of numerous restoration projects located in the Everglades of 
        the State of Florida, including projects that would ultimately 
        benefit the National Park;
            (5) the success of the Project, the Plan, and the future 
        ecological health of the Everglades of the State depends in 
        part on the resolution of several land ownership issues 
        relating to parcels of land located in the National Park;
            (6) the United States has entered into a contingent 
        agreement that--
                    (A) provides for the exchange of land with the 
                Florida Power & Light Company; and
                    (B) is contingent on the approval of Congress;
            (7) the land exchange proposed in the Agreement is critical 
        to the success of the Project;
            (8) the Osceola family of Roy Cypress has occupied the area 
        of the National Park commonly known as the ``William McKinley 
        Osceola Hammock'' since before the date on which the National 
        Park was established; and
            (9) the interests of the Family and the United States would 
        be enhanced by a further delineation of the rights and 
        obligations of each party because the Hammock may be impacted 
        by construction of improvements relating to the Project.
    (b) Purpose.--The purpose of this Act is to direct, facilitate, and 
expedite the exchange of certain Federal land and non-Federal land in 
the State to further the public interest by--
            (1) authorizing an exchange of land held by the United 
        States that is affected by the construction, operation, and 
        maintenance of a relocated and raised section of the Tamiami 
        Trail, U.S. Rt. 41 roadway, pursuant to the Project;
            (2) ratifying and executing a contingent agreement between 
        the United States and the Company to exchange and relocate 
        certain property interests of the Company (including the 
        provision of easements and other actions); and
            (3) authorizing the Secretary to enter into an agreement 
        with the Family to allow the Family to occupy and use certain 
        parcels of land located in the National Park for purposes 
        consistent with the purposes and resource values of the 
        National Park.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        described in the document--
                    (A) entitled ``Contingent Agreement Between the 
                United States of America and Florida Power & Light 
                Company for Exchange and Relocation of Florida Power & 
                Light Company's Property Located In or Adjacent to the 
                Everglades National Park Expansion Area''; and
                    (B) executed by the United States and the Company 
                on July 24, 2008, including any subsequent amendments 
                to the document.
            (2) Company.--The term ``Company'' means the Florida Power 
        & Light Company.
            (3) Family.--The term ``Family'' means the Osceola family 
        of Roy Cypress.
            (4) Federal land.--The term ``Federal land'' means the 
        parcels of land that are--
                    (A) owned by the United States;
                    (B) administered by the Secretary;
                    (C) located within the National Park; and
                    (D) generally depicted on the map as--
                            (i) Tract [___], which is adjacent to the 
                        Tamiami Trail, U.S. Rt. 41, in existence as of 
                        the date of enactment of this Act; and
                            (ii) Tract [____], which is located on the 
                        eastern boundary of the National Park.
            (5) Hammock.--The term ``Hammock'' means the parcel of land 
        that is--
                    (A) commonly known as the ``William McKinley 
                Osceola Hammock''; and
                    (B) generally depicted on the map as Tract [___].
            (6) Map.--The term ``map'' means the map prepared by the 
        National Park Service, entitled ``[____]'', numbered [____], 
        and dated [____].
            (7) Modified water deliveries project.--The term ``modified 
        water deliveries project'' means the modifications to the 
        Project authorized under section 104(a) of the Everglades 
        National Park Protection and Expansion Act of 1989 (16 U.S.C. 
        410r-8(a)).
            (8) National park.--The term ``National Park'' means the 
        Everglades National Park located in the State.
            (9) Non-federal land.--The term ``non-Federal land'' means 
        the area of land located in the State that is comprised of land 
        that--
                    (A) is owned by the State, the specific area and 
                location of which shall be determined by the State; and
                    (B) is owned by the Company--
                            (i) the area of which comprises 
                        approximately 320 acres; and
                            (ii) the location of which is within the 
                        East Everglades Acquisition Area, as generally 
                        depicted on the map as Tract [___].
            (10) Plan.--The term ``Plan'' means the Comprehensive 
        Everglades Restoration Plan--
                    (A) contained in the Final Integrated Feasibility 
                Report and Programmatic Environmental Impact Statement, 
                dated April 1, 1999; and
                    (B) approved under section 601(b) of the Water 
                Resources Development Act of 2000 (114 Stat. 2680).
            (11) Project.--The term ``Project'' means the Central and 
        Southern Florida Project.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (13) State.--The term ``State'' means the State of Florida.

SEC. 4. LAND EXCHANGE.

    (a) Land Exchange Authorized.--If the State offers to convey to the 
Secretary all right, title, and interest of the State in and to the 
non-Federal land, and the offer is acceptable to the Secretary, the 
Secretary shall, subject to valid existing rights--
            (1) accept the offer; and
            (2) convey to the State all right, title, and interest of 
        the United States in and to the Federal land.
    (b) Terms and Conditions.--The land exchange under subsection (a) 
shall be subject to such terms and conditions as the Secretary may 
require.
    (c) Appraisals; Equalization.--
            (1) Appraisals.--
                    (A) In general.--The Federal land and non-Federal 
                land shall be appraised by an independent appraiser 
                selected by the Secretary.
                    (B) Standards.--An appraisal conducted under 
                subparagraph (A) shall be conducted in accordance 
                with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (2) Equalization.--If the values of the Federal land and 
        the non-Federal land to be conveyed in the land exchange under 
        subsection (a) are not equal, the values may be equalized by--
                    (A) donation;
                    (B) payment using donated or appropriated funds; or
                    (C) the conveyance of additional parcels of land.
    (d) Deadline for Completion of Exchange.--
            (1) In general.--Except as provided in paragraph (2), the 
        land exchange under subsection (a) shall be completed by not 
        later than the date that is 90 days after the date on which the 
        results of each appraisal conducted under subsection (c)(1) are 
        received by the Secretary and the State.
            (2) Exception.--In a case in which the Secretary or the 
        State disputes the results of any appraisal conducted under 
        subsection (c)(1), the land exchange under subsection (a) shall 
        be completed by not later than the date that is 90 days after 
        the date on which the Secretary and the State resolve the 
        dispute.
    (e) Technical Corrections.--Subject to the agreement of the State, 
the Secretary may make--
            (1) minor corrections to correct technical and clerical 
        errors in the legal descriptions of the Federal and non-Federal 
        land; and
            (2) minor adjustments to the boundaries of the Federal and 
        non-Federal land.
    (f) Administration of Land Acquired by Secretary.--Land acquired by 
the Secretary through the land exchange under subsection (a) shall--
            (1) become part of the National Park; and
            (2) be administered in accordance with the laws (including 
        regulations) applicable to the National Forest System.
    (g) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.

SEC. 5. RATIFICATION OF CONTINGENT AGREEMENT BETWEEN THE UNITED STATES 
              AND THE COMPANY.

    (a) Ratification of Agreement.--The Agreement (including each term, 
condition, procedure, covenant, reservation, and other provision 
contained in the Agreement) is ratified.
    (b) Execution of Agreement.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall execute the 
        Agreement (including the land exchange under section 4(a)).
            (2) Technical corrections.--
                    (A) In general.--In accordance with subparagraph 
                (B), the Secretary, subject to the agreement of the 
                Company, may make minor corrections to correct 
                technical and clerical errors with respect to any land 
                description or instrument of conveyance contained in 
                the Agreement.
                    (B) Written notice requirement.--To make a minor 
                correction under subparagraph (A), the Secretary shall 
                provide written notice, the duration of which shall be 
                not less than 30 days, to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives.
    (c) Environmental Assessment.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, in accordance with paragraph (2), the 
        Secretary may prepare an environmental assessment regarding the 
        land exchange under section 4(a).
            (2) Requirements.--In preparing the environmental 
        assessment under paragraph (1), the Secretary shall--
                    (A) identify any--
                            (i) immediate and proximate effect that may 
                        arise from the land exchange under section 
                        4(a); and
                            (ii) potential mitigation measure that the 
                        Secretary determines to be appropriate for each 
                        immediate and proximate effect identified under 
                        clause (i); and
                    (B) provide for a period of public notice and 
                comment with respect to the land exchange under section 
                4(a).

SEC. 6. OSCEOLA FAMILY PERPETUAL USE AND OCCUPANCY AGREEMENT.

    (a) Perpetual Use and Occupancy Agreement.--In accordance with 
subsection (b), and subject to subsection (c), the Secretary may enter 
into an agreement with the Family to allow the Family to occupy and use 
the Hammock in perpetuity for the purpose of a domestic residence.
    (b) Protection of National Park.--An agreement entered into by the 
Secretary under subsection (a) shall ensure that the occupancy and use 
of the Hammock by the Family--
            (1) is carried out in a manner consistent with--
                    (A) this Act;
                    (B) the purposes and resources of the National 
                Park; and
                    (C) all applicable laws (including regulations), 
                including laws governing commercial activities within 
                the National Park (including regulations); and
            (2) does not prevent the Secretary from constructing any 
        improvements necessary to allow for the completion of the 
        Project.
    (c) Preservation of Hammock.--Subject to the written approval of 
the Secretary, the area of the Hammock shall not be enlarged--
            (1) through the addition of fill; or
            (2) by any other means.
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