101st CONGRESS
1st Session
H. R. 1727
AMENDMENT
HR 1727 EAS
In the Senate of the United States,
November 22 (legislative day, November 6), 1989.
Resolved, That the bill from the House of Representatives (H.R. 1727)
entitled `An Act to modify the boundaries of the Everglades National Park
and to provide for the protection of lands, waters, and natural resources
within the park, and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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This Act may be cited as the `Everglades National Park Protection and
Expansion Act of 1989'.

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(a) FINDINGS- The Congress makes the following findings:
(1) The Everglades National Park is a nationally and internationally
significant resource and the park has been adversely affected and continues
to be adversely affected by external factors which have altered the
ecosystem including the natural hydrologic conditions within the park.
(2) The existing boundary of Everglades National Park excludes the contiguous
lands and waters of the Northeast Shark River Slough that are vital to
long-term protection of the park and restoration of natural hydrologic
conditions within the park.
(3) Wildlife resources and their associated habitats have been adversely
impacted by the alteration of natural hydrologic conditions within the park,
which has contributed to an overall decline in fishery resources and a 90
percent population loss of wading birds.
(4) Incorporation of the Northeast Shark River Slough and the East Everglades
within the park will limit further losses suffered by the park due to
habitat destruction outside the present park boundaries and will preserve
valuable ecological resources for use and enjoyment by future generations.
(5) The State of Florida and certain of its political subdivisions or
agencies have indicated a willingness to transfer approximately 35,000 acres
of lands under their jurisdiction to the park in order to protect lands and
water within the park, and may so transfer additional lands in the future.
(6) The State of Florida has proposed a joint Federal-State effort to
protect Everglades National Park through the acquisition of additional lands.
(b) PURPOSE- The purposes of this Act are to--
(1) increase the level of protection of the outstanding natural values of
Everglades National Park and to enhance and restore the ecological values,
natural hydrologic conditions, and public enjoyment of such area by adding
the area commonly known as the Northeast Shark River Slough and the East
Everglades to Everglades National Park; and
(2) assure that the park is managed in order to maintain the natural
abundance, diversity, and ecological integrity of native plants and animals,
as well as the behavior of native animals, as a part of their ecosystem.
(c) DEFINITIONS- As used in this Act:
(1) The term `Secretary' means the Secretary of the Interior.
(2) The term `addition' means the approximately 107,600 acres area of the
East Everglades area authorized to be added to Everglades National Park
by this Act.
(3) The term `park' means the area encompassing the existing boundary of
Everglades National Park and the addition area described in paragraph (2).
(4) The term `project' means the Central and Southern Florida Project.

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TITLE I

-EVERGLADES NATIONAL PARK EXPANSION

(a) AREA INCLUDED- The park boundary is hereby modified to include
approximately 107,600 acres as generally depicted on the map entitled
`Boundary Map, Everglades National Park Addition, Dade County, Florida',
numbered 160-20,013B and dated September 1989. The map shall be on file
and available for public inspection in the offices of the National Park
Service, Department of the Interior.
(b) BOUNDARY ADJUSTMENT- The Secretary may from time to time make minor
revisions in the boundaries of the park in accordance with section 7(c)
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 and
following). In exercising the boundary adjustment authority the Secretary
shall ensure all actions will enhance resource preservation and shall not
result in a net loss of acreage from the park.
(c) ACQUISITION- (1) Within the boundaries of the addition described
in subsection (a), the Secretary may acquire lands and interests
in land by donation, purchase with donated or appropriated funds, or
exchange. For purposes of acquiring property by exchange, the Secretary may,
notwithstanding any other provision of law, exchange the approximately one
acre of Federal land known as `Gilberts' Marina' for non-Federal land of
equal value located within the boundaries of the addition. Any lands or
interests in land which are owned by the State of Florida or any political
subdivision thereof, may be acquired only by donation.
(2) It is the express intent of Congress that acquisition within the
boundaries of the addition shall be completed not later than 5 years
after the date of enactment of this section. The authority provided by
this section shall remain in effect until all acquisition is completed.
(d) ACQUISITION OF TRACTS PARTIALLY OUTSIDE BOUNDARIES- When any tract
of land is only partly within boundaries referred to in subsection (a),
the Secretary may acquire all or any portion of the land outside of such
boundaries in order to minimize the payment of severance costs. Land so
acquired outside of the boundaries may be exchanged by the Secretary
for non-Federal lands within the boundaries, and any land so acquired
and not utilized for exchange shall be reported to the General Services
Administration for disposal under the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377).
(e) OFFERS TO SELL- In exercising the authority to acquire property under
this Act, the Secretary shall give prompt and careful consideration to
any offer made by any person owning property within the boundaries of the
addition to sell such property, if such owner notifies the Secretary that
the continued ownership of such property is causing, or would result in
undue hardship.
(f) AUTHORIZATION OF APPROPRIATIONS- (1) Subject to the provisions of
paragraph (2), there are hereby authorized to be appropriated such sums
as may be necessary to carry out the provisions of this Act.
(2) With respect to land acquisition within the addition, not more than
80 percent of the cost of such acquisition may be provided by the Federal
Government. Not less than 20 percent of such cost shall be provided by
the State of Florida.
(g) ASSISTANCE- Upon the request of the Governor of the State of Florida,
the Secretary is authorized to provide technical assistance and personnel to
assist in the acquisition of lands and waters within the Kissimmee River/Lake
Okeechobee/Everglades Hydrologic Basin, including the Big Cypress Swamp,
through the provision of Federal land acquisition personnel, practices,
and procedures. The State of Florida shall reimburse the Secretary
for such assistance in such amounts and at such time as agreed upon by
the Secretary and the State. Notwithstanding any other provision of law,
reimbursement received by the Secretary for such assistance shall be retained
by the Secretary and shall be available without further appropriation for
purposes of carrying out any authorized activity of the Secretary within
the boundaries of the park.

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(a) IN GENERAL- The Secretary shall administer the areas within the addition
in accordance with this Act and other provisions of law applicable to the
Everglades National Park, and with the provisions of law generally applicable
to units of the national park system, including the Act entitled `An Act to
establish a National Park Service, and for other purposes', approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1-4). In order to further preserve and
protect Everglades National Park, the Secretary shall utilize such other
statutory authority as may be available to him for the preservation of
wildlife and natural resources as he deems necessary to carry out the
purposes of this Act.
(b) PROTECTION OF ECOSYSTEM- The Secretary shall manage the park in order
to maintain the natural abundance, diversity, and ecological integrity
of native plants and animals, as well as the behavior of native animals,
as a part of their ecosystem.
(c) PROTECTION OF FLORA AND FAUNA- The park shall be closed to the operation
of airboats--
(1) except as provided in subsection (d); and
(2) except that within a limited capacity and on designated routes within the
addition, owners of record of registered airboats in use within the addition
as of January 1, 1989, shall be issued nontransferable, nonrenewable permits,
for their individual lifetimes, to operate personnally-owned airboats for
noncommercial use in accordance with rules prescribed by the Secretary to
determine ownership and registration, establish uses, permit conditions,
and penalties, and to protect the biological resources of the area.
(d) CONCESSION CONTRACTS- The Secretary is authorized to negotiate and
enter into concession contracts with the owners of commercial airboat
and tour facilities in existence on or before January 1, 1989, located
within the addition for the provision of such services at their current
locations under such rules and conditions as he may deem necessary for the
accommodation of visitors and protection of biological resources of the area.
(e) VISITOR CENTER- The Secretary is authorized and directed to expedite the
construction of the visitor center facility at Everglades City, Florida,
as described in the Development Concept Plan, Gulf Coast, dated February
1989, and upon construction shall designate the visitor center facility as
`The Marjory Stoneman Douglas Center' in commemoration of the vision and
leadership shown by Mrs. Douglas in the protection of the Everglades and
Everglades National Park.

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(a) IMPROVED WATER DELIVERIES- (1) Upon completion of a final report by
the Chief of the Army Corps of Engineers, the Secretary of the Army, in
consultation with the Secretary, is authorized and directed to construct
modifications to the Central and Southern Florida Project to improve water
deliveries into the park and shall, to the extent practicable, take steps
to restore the natural hydrological conditions within the park.
(2) Such modifications shall be based upon the findings of the Secretary's
experimental program authorized in section 1302 of the 1984 Supplemental
Appropriations Act (97 Stat. 1292) and generally as set forth in a General
Design Memorandum to be prepared by the Jacksonville District entitled
`Modified Water Deliveries to Everglades National Park'. The Draft of
such Memorandum and the Final Memorandum, as prepared by the Jacksonville
District, shall be submitted as promptly as practicable to the Committee
on Energy and Natural Resources and the Committee on Environment and Public
Works of the United States Senate and the Committee on Interior and Insular
Affairs and the Committee on Public Works and Transportation of the United
States House of Representatives.
(3) Construction of project modifications authorized in this subsection
and flood protection systems authorized in subsections (c) and (d) are
justified by the environmental benefits to be derived by the Everglades
ecosystem in general and by the park in particular and shall not require
further economic justification.
(4) Nothing in this section shall be construed to limit the operation of
project facilities to achieve their design objectives, as set forth in
the Congressional authorization and any modifications thereof.
(b) DETERMINATION OF ADVERSE EFFECT- (1) Upon completion of the Final
Memorandum referred to in subsection (a), the Secretary of the Army,
in consultation with the South Florida Water Management District, shall
make a determination as to whether the residential area within the East
Everglades known as the `Eight and One-Half Square Mile Area' or adjacent
agricultural areas, all as generally depicted on the map referred to in
subsection 102(a), will be adversely affected by project modifications
authorized in subsection (a).
(2) In determining whether adjacent agricultural areas will be adversely
affected, the Secretary of the Army shall consider the impact of any flood
protection system proposed to be implemented pursuant to subsection (c)
on such agricultural areas.
(c) FLOOD PROTECTION; EIGHT AND ONE-HALF SQUARE MILE AREA- If the Secretary
of the Army makes a determination pursuant to subsection (b) that the `Eight
and One-Half Square Mile Area' will be adversely affected, the Secretary
of the Army is authorized and directed to construct a flood protection
system for that portion of presently developed land within such area.
(d) FLOOD PROTECTION; ADJACENT AGRICULTURAL AREA- (1) If the Secretary of
the Army determines pursuant to subsection (b) that an adjacent agricultural
area will be adversely affected, the Secretary of the Army is authorized
and directed to construct a flood protection system for such area. Such
determination shall be based on a finding by the Secretary of the Army that:
(A) the adverse effect will be attributable solely to a project modification
authorized in subsection (a) or to a flood protection system implemented
pursuant to subsection (c), or both; and
(B) such modification or flood protection system will result in a
substantial reduction in the economic utility of such area based on its
present agricultural use.
(2) No project modification authorized in subsection (a) which the
Secretary of the Army determines will cause an adverse effect pursuant to
subsection (b) shall be made operational until the Secretary of the Army
has implemented measures to prevent such adverse effect on the adjacent
agricultural area: Provided, That the Secretary of the Army or the South
Florida Water Management District may operate the modification to the
extent that the Secretary of the Army determines that such operation will
not adversely affect the adjacent agricultural area: Provided further,
That any preventive measure shall be implemented in a manner that presents
the least prospect of harm to the natural resources of the park.
(3) Any flood protection system implemented by the Secretary of the Army
pursuant to this subsection shall be required only to provide for flood
protection for present agricultural uses within such adjacent agricultural
area.
(4) The acquisition of land authorized in section 102 shall not be considered
a project modification.
(e) PERIODIC REVIEW- (1) Not later than 18 months after the completion of
the project modifications authorized in subsection (a), and periodically
thereafter, the Secretary of the Army shall review the determination of
adverse effect for adjacent agricultural areas.
(2) In conducting such review, the Secretary of the Army shall consult
with all affected parties, including, but not limited to, the Secretary,
the South Florida Water Management District and agricultural users within
adjacent agricultural areas.
(3) If, on the basis of such review, the Secretary of the Army determines
that an adjacent agricultural area has been, or will be adversely affected,
the Secretary of the Army is authorized and directed, in accordance with the
provisions of subsection (d), to construct a flood protection system for such
area: Provided, That the provisions of subsection (d)(2) shall be applicable
only to the extent that the Secretary, in consultation with the Secretary
of the Army, determines that the park will not be adversely affected.
(4) The provisions of this subsection shall only be applicable if the
Secretary of the Army has previously made a determination that such adjacent
agricultural area will not be adversely affected.
(f) CURRENT CANAL OPERATING LEVELS- Nothing in this section shall be
construed to require or prohibit the Secretary of the Army or the South
Florida Water Management District from maintaining the water level within
any project canal below the maximum authorized operating level as of the
date of enactment of this Act.
(g) NO LIMITATION ON OTHER CLAIMS- If the Secretary of the Army makes
a determination of no adverse effect pursuant to subsection (b), such
determination shall not be considered as a limitation or prohibition
against any available legal remedy which may otherwise be available.
(h) COORDINATION- The Secretary and the Secretary of the Army shall
coordinate the construction program authorized under this section and the
land acquisition program authorized in section 102 in such a manner as
will permit both to proceed concurrently and as will avoid unreasonable
interference with property interests prior to the acquisition of such
interests by the Secretary under section 102.
(i) WEST DADE WELLFIELD- No Federal license, permit, approval, right-of-way
or assistance shall be granted or issued with respect to the West Dade
Wellfield (to be located in the Bird Drive Drainage Basin, as identified
in the Comprehensive Development Master Plan for Dade County, Florida)
until the Secretary, the Governor of the State of Florida, the South
Florida Water Management District and Dade County, Florida enter into an
agreement providing that the South Florida Water Management District's
water use permit for the wellfield, if granted, must include the following
limiting conditions: (1) the wellfield's peak pumpage rate shall not exceed
140,000,000 gallons per day; (2) the permit shall include reasonable,
enforceable measures to limit demand on the wellfield in times of water
shortage; and (3) if, during times of water shortage, the District fails to
limit demand on the wellfield pursuant to (2), or if the District limits
demand on the wellfield pursuant to (2), but the Secretary certifies that
operation of the wellfield is still causing significant adverse impacts on
the resources of the Park, the Governor shall require the South Florida
Water Management District to take necessary actions to alleviate the
adverse impact, including, but not limited to, temporary reductions in
the pumpage from the wellfield.
(j) PROTECTION OF NATURAL VALUES- The Secretary of the Army is directed
in analysis, design and engineering associated with the development of a
general design memorandum for works and operations in the `C-111 basin'
area of the East Everglades, to take all measures which are feasible and
consistent with the purposes of the project to protect natural values
associated with Everglades National Park. Upon completion of a general
design memorandum for the area, the Secretary shall prepare and transmit a
report to the Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the United States Senate and the Committee
on Interior and Insular Affairs and the Committee on Public Works and
Transportation of the United States House of Representatives on the status
of the natural resources of the C-111 basin and functionally related lands.

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The Secretary shall prepare and transmit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior and Insular
Affairs of the House of Representatives, not later than 2 years after
the date of enactment of this Act, a feasibility and suitability study
of expanding and redesignating Fort Jefferson National Monument in the
Dry Tortugas as Fort Jefferson National Park. The study shall include
cost estimates for any necessary acquisition, development, operation,
and maintenance, as well as alternatives, including a joint Federal and
State management scheme, to further protect the waters, reef tracts,
fisheries, and shallow banks in and around the Florida Keys and Fort
Jefferson National Monument.
Attest:
Secretary.
HR 1727 EAS----2
HR 1727 EAS----3

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Everglades National Park Protection and Expansion Act of 1989

Other Sections

TITLE I

TITLE II

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