[Congressional Record Volume 154, Number 51 (Wednesday, April 2, 2008)]
[Senate]
[Pages S2358-S2359]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida (for himself and Mr. Martinez):
  S. 2804. A bill to adjust the boundary of the Everglades National 
Park, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2804

       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--

[[Page S2359]]

       (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.
                                 ______