II 110th CONGRESS 2d Session S. 3340 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.

1.

Short title

This Act may be cited as the Everglades National Park Land Exchange Act of 2008.

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.

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.

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.

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).

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.