---
kind: "range"
citation: "16 U.S.C. §§ 698f–698m–4"
title: "16"
from: "698f"
to: "698m–4"
count: 12
release: "119-102"
url: "https://uscodex.org/usc/16/698f..698m-4"
---

# §698f. Big Cypress National Preserve; Big Cypress National Preserve Addition

- (a) **Establishment—** In order to assure the preservation, [conservation](/usc/16/6456.md?p=2), and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the [State](/usc/16/6456.md?p=2) of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) is hereby established.
- (b) **Location; boundaries; publication in Federal Register; area—** The Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) (hereafter referred to as the “[preserve](/usc/16/410hhh–1.md?p=7)”) shall comprise the [area](/usc/16/539m–1.md?p=1-A) generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7)”, dated November 1971 and numbered BC–91,001, which shall be on file and available for public inspection in the Offices of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade [Counties](/usc/16/544.md?p=d) in the [State](/usc/16/6456.md?p=2) of Florida. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) shall, as soon as practicable, publish a detailed description of the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7) in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water.
- (c) **Methods of acquisition of land; prerequisites to Federal appropriations; improved property; oil and gas rights; appraisal of property; transfer of Federal property to Secretary—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the [preserve](/usc/16/410hhh–1.md?p=7) or the [Addition](/usc/16/410r–5.md?p=c-2): Provided, That any lands owned or acquired by the [State](/usc/16/6456.md?p=2) of Florida, or any of its [subdivisions](/usc/16/539m–1.md?p=15), in the [preserve](/usc/16/410hhh–1.md?p=7) may be acquired by donation only and, any land acquired by the [State](/usc/16/6456.md?p=2) of Florida, or any of its [subdivisions](/usc/16/539m–1.md?p=15), in the [Addition](/usc/16/410r–5.md?p=c-2) shall be acquired in accordance with [subsection (d)](#d): Provided further, That no Federal [funds](/usc/16/1421h.md?p=2) shall be appropriated until the Governor of Florida executes an agreement on behalf of the [State](/usc/16/6456.md?p=2) which (i) provides for the transfer to the United States of all lands within the [preserve](/usc/16/410hhh–1.md?p=7) previously owned or acquired by the [State](/usc/16/6456.md?p=2) and (ii) provides for the donation to the United States of all lands acquired by the [State](/usc/16/6456.md?p=2) within the [preserve](/usc/16/410hhh–1.md?p=7) pursuant to the provision of “the Big Cypress Conservation Act of 1973” (Chapter 73–131 of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the [preserve](/usc/16/410hhh–1.md?p=7). No [improved property](/usc/16/251h.md?p=2), as defined by [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title, nor oil and gas rights, shall be acquired without the consent of the [owner](/usc/16/429b–3.md?p=4) unless the [Secretary](/usc/16/410r–5.md?p=c-1), in his judgment, determines that such property is subject to, or threatened with, [uses](/usc/16/410hhh–1.md?p=10) which are, or would be, detrimental to the purposes of the [preserve](/usc/16/410hhh–1.md?p=7). The [Secretary](/usc/16/410r–5.md?p=c-1) may, if he determines that the [acquisition](/usc/16/620e.md?p=1) of any other subsurface estate is not needed for the purposes of the [preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2), exclude such interest in acquiring any lands within the [preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2). Notwithstanding the provisions of [section 4651 of title 42](/usc/42/4651.md) the [Secretary](/usc/16/410r–5.md?p=c-1) (i) may evaluate any offer to sell land within the [preserve](/usc/16/410hhh–1.md?p=7) or the [Addition](/usc/16/410r–5.md?p=c-2) by any landowner and may, in his discretion, accept any offer not in excess of $10,000 without an appraisal and (ii) may direct an appraisal to be made of any unimproved property within the [preserve](/usc/16/410hhh–1.md?p=7) or the [Addition](/usc/16/410r–5.md?p=c-2) without notice to the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4), thereof. Notwithstanding any other provision of law, any federally owned lands within the [preserve](/usc/16/410hhh–1.md?p=7) shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for the purposes of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title, without transfer of [funds](/usc/16/1421h.md?p=2). Nothing in [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title shall be construed to interfere with the right of the [State](/usc/16/6456.md?p=2) of Florida to [acquire](/usc/16/620e.md?p=1) such property rights as may be necessary for Interstate 75.
- (d) **Land within Addition; United States share of acquisition costs—**
  - (1) The aggregate cost to the United States of acquiring lands within the [Addition](/usc/16/410r–5.md?p=c-2) may not exceed 80 percent of the [total cost](#d-4) of such lands.
  - (2) Except as provided in [paragraph (3)](#d-3), if the [State](/usc/16/6456.md?p=2) of Florida transfers to the [Secretary](/usc/16/410r–5.md?p=c-1) lands within the [Addition](/usc/16/410r–5.md?p=c-2), the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to or reimburse the [State](/usc/16/6456.md?p=2) of Florida (out of [funds](/usc/16/1421h.md?p=2) appropriated for such purpose) an amount equal to 80 percent of the [total costs](#d-4) to the [State](/usc/16/6456.md?p=2) of Florida of acquiring such lands.
  - (3) The amount described in [paragraph (2)](#d-2) shall be reduced by an amount equal to 20 percent of the amount of the [total cost](#d-4) incurred by the [Secretary](/usc/16/410r–5.md?p=c-1) in acquiring lands in the [Addition](/usc/16/410r–5.md?p=c-2) other than from the [State](/usc/16/6456.md?p=2) of Florida.
  - (4) For purposes of this subsection, the term “total cost” means that amount of the total [acquisition](/usc/16/620e.md?p=1) costs (including the value of exchanged or donated lands) less the amount of the costs incurred by the Federal Highway Administration and the Florida Department of Transportation, including severance damages paid to private property [owners](/usc/16/429b–3.md?p=4) as a result of the construction of Interstate 75.

# §698g. Acquisition of lands for Big Cypress Preserve

- (a) **Expeditious acquisition of Florida lands—** In recognition of the efforts of the [State](/usc/16/6456.md?p=2) of Florida in the preservation of the [area](/usc/16/539m–1.md?p=1-A), through the enactment of chapter 73–131 of the Florida statutes, “The Big Cypress Conservation Act of 1973”, the [Secretary](/usc/16/410r–5.md?p=c-1) is directed to proceed as expeditiously as possible to [acquire](/usc/16/620e.md?p=1) the lands and interests in lands necessary to achieve the purposes of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title.
- (b) **Submission of plan to Congressional committees; time; contents—** Within one year after October 11, 1974, the [Secretary](/usc/16/410r–5.md?p=c-1) shall submit, in writing, to the [Committee](/usc/16/941b.md?p=1)[^1] on Interior and Insular Affairs and to the [Committees](/usc/16/941b.md?p=1) on Appropriations of the United States Congress a detailed plan which shall indicate:
  - (i) the lands and [areas](/usc/16/539m–1.md?p=1-A) which he deems essential to the protection and public enjoyment of this [preserve](/usc/16/410hhh–1.md?p=7).
  - (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this [preserve](/usc/16/410hhh–1.md?p=7), and
  - (iii) the annual [acquisition](/usc/16/620e.md?p=1) [program](/usc/16/460ss–6.md?p=1) (including the level of funding) which he recommends for the ensuing five fiscal years.
- (c) **Time for completion of land acquisition program—** It is the express intent of the Congress that the [Secretary](/usc/16/410r–5.md?p=c-1) should substantially complete the land [acquisition](/usc/16/620e.md?p=1) [program](/usc/16/460ss–6.md?p=1) contemplated by [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title within six years after October 11, 1974.

# §698h. Right of use and occupancy of improved property on Big Cypress Preserve and Addition

- (a) **Election of right of use and occupancy; payment of fair market value; termination of right—** The [owner](/usc/16/429b–3.md?p=4) of an [improved property](/usc/16/251h.md?p=2) on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself and his heirs and assigns a right of use of and occupancy of the [improved property](/usc/16/251h.md?p=2) for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the death of his spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay the [owner](/usc/16/429b–3.md?p=4) the [fair market value](/usc/16/459b–1.md?p=e) of the property on the date of [acquisition](/usc/16/620e.md?p=1) less the [fair market value](/usc/16/459b–1.md?p=e), on that date, of the right retained by the [owner](/usc/16/429b–3.md?p=4). A right retained pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that it is being exercised in a manner inconsistent with the purposes of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title, which shall include the exercise of such right in [violation](/usc/16/620e.md?p=11) of any applicable [State](/usc/16/6456.md?p=2) or local laws and ordinances, and it shall terminate by operation of law upon the [Secretary](/usc/16/410r–5.md?p=c-1)’s notifying the holder of the right of such determination and tendering to him an amount equal to the [fair market value](/usc/16/459b–1.md?p=e) of that portion of the right which remains unexpired.
- (b) **“Improved property” defined—** As used in [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title, the term “[improved property](/usc/16/251h.md?p=2)” means:
  - (i) a detached one family dwelling, construction of which was begun before November 23, 1971, with respect to the [preserve](/usc/16/410hhh–1.md?p=7) and January 1, 1986, with respect to the [Addition](/usc/16/410r–5.md?p=c-2) which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional lands as the [Secretary](/usc/16/410r–5.md?p=c-1) deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and
  - (ii) any other building, construction of which was begun before November 23, 1971, with respect to the [preserve](/usc/16/410hhh–1.md?p=7) and January 1, 1986, with respect to the [Addition](/usc/16/410r–5.md?p=c-2) which was constructed and is used in accordance with all applicable [State](/usc/16/6456.md?p=2) and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the [Secretary](/usc/16/410r–5.md?p=c-1) shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, or January 1, 1986, as the case may be, together with any structures accessory to the building which are situated on the lands so designated. In making such designation the [Secretary](/usc/16/410r–5.md?p=c-1) shall take into account the manner of use in which the building, accessory structures, and lands were customarily enjoyed prior to November 23, 1971 or January 1, 1986, as the case may be.[^1]
- (c) **Waiver of right to relocation assistance by election of right of use and occupancy—** Whenever an [owner](/usc/16/429b–3.md?p=4) of property elects to retain a right of use and occupancy as provided in this section, such [owner](/usc/16/429b–3.md?p=4) shall be deemed to have waived any benefits or rights accruing under sections [4623](/usc/42/4623.md), [4624](/usc/42/4624.md), [4625](/usc/42/4625.md), and [4626](/usc/42/4626.md) of title 42, and for the purposes of such sections such [owner](/usc/16/429b–3.md?p=4) shall not be considered a displaced [person](/usc/16/450rr–1.md?p=b) as defined in [section 4601(6) of title 42](/usc/42/4601.md?p=6).

# §698i. Administration of Big Cypress Preserve; applicability of other laws; rules and regulations for use of lands and waters; transportation facilities; consultation and cooperation with Secretary of Transportation

- (a) The [area](/usc/16/539m–1.md?p=1-A) within the boundaries depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [section 698f of this title](/usc/16/698f.md) shall be known as the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7). Such lands shall be administered by the [Secretary](/usc/16/410r–5.md?p=c-1) as a [unit](/usc/16/430f–7.md?p=4) of the [National Park](/usc/16/410hhh–1.md?p=5) [System](/usc/16/668ee.md?p=14) in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title and with the provisions of the Act of August 25, 1916 (39 Stat. 535; [16 U.S.C. 1–4](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1–4))),[^1] as amended and supplemented.
- (b) In administering the [preserve](/usc/16/410hhh–1.md?p=7), the [Secretary](/usc/16/410r–5.md?p=c-1) shall develop and publish in the Federal Register such rules and regulations as he deems necessary and appropriate to limit or control the use of [Federal lands](/usc/16/620e.md?p=2) and waters with respect to:
  - (1) motorized vehicles,
  - (2) exploration for and extraction of oil, gas, and other minerals,
  - (3) grazing,
  - (4) draining or constructing of works or structures which alter the natural water courses,
  - (5) agriculture,
  - (6) hunting, [fishing](/usc/16/7901.md?p=b), and trapping,
  - (7) new construction of any kind, and
  - (8) such other [uses](/usc/16/410hhh–1.md?p=10) as the [Secretary](/usc/16/410r–5.md?p=c-1) determines must be limited or controlled in order to carry out the purposes of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult and cooperate with the [Secretary](/usc/16/410r–5.md?p=c-1) of Transportation to assure that necessary transportation facilities shall be located within existing or reasonably expanded rights-of-way and constructed within the reserve[^2] in a manner consistent with the purposes of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title.

# §698j. Hunting, fishing, and trapping in Big Cypress Preserve and Addition authorized in accordance with applicable Federal and State laws; consultation with appropriate State agency prior to implementation of regulations restricting activities; land use and retention rights of Miccosukee and Seminole Indian Tribes


The [Secretary](/usc/16/410r–5.md?p=c-1) shall permit hunting, [fishing](/usc/16/7901.md?p=b), and trapping on lands and waters under his jurisdiction within the [preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2) in accordance with the applicable laws of the United States and the [State](/usc/16/6456.md?p=2) of Florida, except that he may designate zones where and periods when no hunting, [fishing](/usc/16/7901.md?p=b), trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, [fishing](/usc/16/7901.md?p=b), or trapping shall be put into effect only after consultation with the appropriate [State](/usc/16/6456.md?p=2) agency having jurisdiction over hunting, [fishing](/usc/16/7901.md?p=b), and trapping activities. Notwithstanding this section or any other provision of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title, members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the [Secretary](/usc/16/410r–5.md?p=c-1), to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the [preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2), including hunting, [fishing](/usc/16/7901.md?p=b), and trapping on a subsistence basis and traditional tribal ceremonials.


# §698k. Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes


Notwithstanding any other provision of law, before entering into any contract for the provision of revenue producing visitor services,

- (i) the [Secretary](/usc/16/410r–5.md?p=c-1) shall offer those members of the Miccosukee and Seminole [Indian Tribes](/usc/16/544.md?p=g) who, on January 1, 1972 (January 1, 1985, in the case of the [Addition](/usc/16/410r–5.md?p=c-2)), were engaged in the provision of similar services, a right of first refusal to continue providing such services within the [preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2) subject to such terms and conditions as he may deem appropriate, and
- (ii) before entering into any contract or agreement to provide new revenue-producing visitor services within the [preserve](/usc/16/410hhh–1.md?p=7) or within the [Addition](/usc/16/410r–5.md?p=c-2), the [Secretary](/usc/16/410r–5.md?p=c-1) shall offer to the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida the right of first refusal to provide such services, the right to be open for a period of ninety days. Should both Tribes respond with [proposals](/usc/16/7302.md?p=3) that satisfy the terms and conditions established by the [Secretary](/usc/16/410r–5.md?p=c-1), the [Secretary](/usc/16/410r–5.md?p=c-1) may allow the Tribes an additional period of ninety days in which to enter into an inter-Tribal cooperative agreement to provide such visitor services, but if neither tribe responds with [proposals](/usc/16/7302.md?p=3) that satisfy the terms and conditions established by the [Secretary](/usc/16/410r–5.md?p=c-1), then the [Secretary](/usc/16/410r–5.md?p=c-1) shall provide such visitor services in accordance with subchapter IV of [chapter 1](/usc/16/ch1.md) of this title. No such agreement may be assigned or otherwise transferred without the consent of the [Secretary](/usc/16/410r–5.md?p=c-1).

# §698l. Review of Big Cypress Preserve area and Addition area by Secretary; report to President


Within five years from October 11, 1974, with respect to the [preserve](/usc/16/410hhh–1.md?p=7) and five years from April 29, 1988, with respect to the [Addition](/usc/16/410r–5.md?p=c-2), the [Secretary](/usc/16/410r–5.md?p=c-1) shall review the [area](/usc/16/539m–1.md?p=1-A) within the [preserve](/usc/16/410hhh–1.md?p=7) or the [area](/usc/16/539m–1.md?p=1-A) within the [Addition](/usc/16/410r–5.md?p=c-2) (as the case may be) and shall report to the President, in accordance with section [1132(c)](/usc/16/1132.md?p=c) and [(d)](/usc/16/1132.md?p=d) of this title, his recommendations as to the suitability or nonsuitability of any [area](/usc/16/539m–1.md?p=1-A) within the [preserve](/usc/16/410hhh–1.md?p=7) or the [area](/usc/16/539m–1.md?p=1-A) within the [Addition](/usc/16/410r–5.md?p=c-2) (as the case may be) for preservation as [wilderness](/usc/16/460mmm–1.md?p=6), and any designation of any such [areas](/usc/16/539m–1.md?p=1-A) as a [wilderness](/usc/16/460mmm–1.md?p=6) shall be accomplished in accordance with section [1132(c)](/usc/16/1132.md?p=c) and [(d)](/usc/16/1132.md?p=d) of this title.


# §698m. Authorization of appropriations for Big Cypress Preserve and Addition

- (a) Except as provided in [subsection (b)](#b), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title, but not to exceed $156,700,000 for the [acquisition](/usc/16/620e.md?p=1) of lands and interests in lands and not to exceed $900,000 for development. Any [funds](/usc/16/1421h.md?p=2) donated to the United States by the [State](/usc/16/6456.md?p=2) of Florida pursuant to chapter 73–131 of the Florida statutes shall be used solely for the [acquisition](/usc/16/620e.md?p=1) of lands and interests in land within the [preserve](/usc/16/410hhh–1.md?p=7).
- (b) There is hereby authorized to be appropriated from the Land and Water [Conservation](/usc/16/6456.md?p=2) [Fund](/usc/16/1421h.md?p=2) not to exceed $49,500,000 for the [acquisition](/usc/16/620e.md?p=1) of lands within the [Addition](/usc/16/410r–5.md?p=c-2). There is hereby authorized to be appropriated such sums as may be necessary for development in the [Addition](/usc/16/410r–5.md?p=c-2).

# §698m–1. Big Cypress National Preserve Addition

- (a) **Establishment—** In order to—
  - (1) achieve the purposes of [section 698f of this title](/usc/16/698f.md);
  - (2) complete the [preserve](/usc/16/410hhh–1.md?p=7) in conjunction with the planned construction of Interstate Highway 75; and
  - (3) insure appropriately managed use and access to the Big Cypress Watershed in the [State](/usc/16/6456.md?p=2) of Florida,

  the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) [Addition](/usc/16/410r–5.md?p=c-2) is established.

- (b) **Location; boundaries; publication in Federal Register—** The Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) [Addition](/usc/16/410r–5.md?p=c-2) (referred to in [sections 698f to 698m–4](/usc/16/698f..698m–4.md) of this title as the “[Addition](/usc/16/410r–5.md?p=c-2)”) shall comprise approximately 146,000 acres as generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) [Addition](/usc/16/410r–5.md?p=c-2), dated April, 1987, and numbered 176–91000C, which shall be on file and available for public inspection in the Office of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior, Washington, D.C., and shall be filed with appropriate offices of Collier County in the [State](/usc/16/6456.md?p=2) of Florida. The [Secretary](/usc/16/410r–5.md?p=c-1) shall, as soon as practicable, publish a detailed description of the boundaries of the [Addition](/usc/16/410r–5.md?p=c-2) in the Federal Register.
- (c) **Designation; management—** The [area](/usc/16/539m–1.md?p=1-A) within the boundaries depicted on the [map](/usc/16/430f–7.md?p=1) referred to in [subsection (b)](#b) shall be known as the “Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) [Addition](/usc/16/410r–5.md?p=c-2)” and shall be managed in accordance with [section 698i of this title](/usc/16/698i.md).
- (d) **Completion of land acquisition; time—** For purposes of administering the [Addition](/usc/16/410r–5.md?p=c-2) and notwithstanding [section 698g(c) of this title](/usc/16/698g.md?p=c), it is the express intent of the Congress that the [Secretary](/usc/16/410r–5.md?p=c-1) should substantially complete the land [acquisition](/usc/16/620e.md?p=1) [program](/usc/16/460ss–6.md?p=1) contemplated with respect to the [Addition](/usc/16/410r–5.md?p=c-2) in not more than five years after April 29, 1988.

# §698m–2. Establishment of recreational access points, roads, etc., in conjunction with creation of Big Cypress National Preserve Addition; cooperation among agencies


The [Secretary](/usc/16/410r–5.md?p=c-1) and other involved Federal agencies shall cooperate with the [State](/usc/16/6456.md?p=2) of Florida to establish recreational access points and roads, rest and [recreation areas](/usc/16/460bbb–1.md?p=3), wildlife protection, hunting, [fishing](/usc/16/7901.md?p=b), frogging, and other traditional recreational opportunities in conjunction with the creation of the [Addition](/usc/16/410r–5.md?p=c-2) and in the construction of Interstate Highway 75. Three of such access points shall be located within the [preserve](/usc/16/410hhh–1.md?p=7) (including the [Addition](/usc/16/410r–5.md?p=c-2)).


# §698m–3. Status of Big Cypress National Preserve and Addition; report to Congress; plan


Not later than two years after April 29, 1988, the [Secretary](/usc/16/410r–5.md?p=c-1) shall submit to the Congress a detailed report on, and further plan for, the [preserve](/usc/16/410hhh–1.md?p=7) and [Addition](/usc/16/410r–5.md?p=c-2) including—

- (1) the status of the existing [preserve](/usc/16/410hhh–1.md?p=7), the effectiveness of past regulation and management of the [preserve](/usc/16/410hhh–1.md?p=7), and recommendations for future management of the [preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2);
- (2) a summary of the public’s use of the [preserve](/usc/16/410hhh–1.md?p=7) and the status of the access points developed pursuant to [section 698m–2 of this title](/usc/16/698m–2.md);
- (3) the need for involvement of other [State](/usc/16/6456.md?p=2) and Federal agencies in the management and expansion of the [preserve](/usc/16/410hhh–1.md?p=7) and [Addition](/usc/16/410r–5.md?p=c-2);
- (4) the status of land [acquisition](/usc/16/620e.md?p=1); and
- (5) a determination, made in conjunction with the [State](/usc/16/6456.md?p=2) of Florida, of the adequacy of the number, location, and design of the recreational access points on I–75/Alligator Alley for access to the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7), including the [Addition](/usc/16/410r–5.md?p=c-2).

The determination required by [paragraph (5)](#5) shall incorporate the results of any related studies of the [State](/usc/16/6456.md?p=2) of Florida Department of Transportation and other Florida [State](/usc/16/6456.md?p=2) agencies. Any recommendation for significant changes in the approved recreational access points, including any proposed [additions](/usc/16/410r–5.md?p=c-2), shall be accompanied by an assessment of the environmental impact of such changes.


# §698m–4. Oil and gas exploration, development, and production in Big Cypress National Preserve and Addition

- (a) **Promulgation of rules and regulations—** Within nine months from April 29, 1988, the [Secretary](/usc/16/410r–5.md?p=c-1) shall promulgate, subject to the requirements of [subsections (b)–(e)](#b..e) of this section, such rules and regulations governing the exploration for and development and production of non-Federal interests in oil and gas located within the boundaries of the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2), including but not limited to access on, across, or through all lands within the boundaries of the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2) for the purpose of conducting such exploration or development and production, as are necessary and appropriate to provide reasonable use and enjoyment of privately owned oil and gas interests, and consistent with the purposes for which the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2) were established. Rules and regulations promulgated pursuant to the authority of this section may be made by appropriate amendment to or in substitution of the rules and regulations respecting non-Federal oil and gas rights (currently codified at [36 CFR 9.30](/cfr/36/9.30.md), et seq. (1986)).
- (b) **Contents of rule or regulation; permit from National Park Service—** Any rule or regulation promulgated by the [Secretary](/usc/16/410r–5.md?p=c-1) under [subsection (a)](#a) of this section shall provide that—
  - (1) exploration or development and production activities may not be undertaken, except pursuant to a permit issued by the [National Park](/usc/16/410hhh–1.md?p=5) Service authorizing such activities or access; and
  - (2) final action by the [National Park](/usc/16/410hhh–1.md?p=5) Service with respect to any application for a permit authorizing such activities shall occur within 90 days from the date such an application is submitted unless—
    - (A) the [National Park](/usc/16/410hhh–1.md?p=5) Service and the applicant agree that such final action shall occur within a shorter or longer period of time; or
    - (B) the [National Park](/usc/16/410hhh–1.md?p=5) Service determines that an additional period of time is required to ensure that the [National Park](/usc/16/410hhh–1.md?p=5) Service has, in reviewing the application, complied with other applicable law, Executive orders and regulations; or
    - (C) the [National Park](/usc/16/410hhh–1.md?p=5) Service, within 30 days from the date of submission of such application, notifies the applicant that such application does not contain all information reasonably necessary to allow the [National Park](/usc/16/410hhh–1.md?p=5) Service to consider such application and requests that such additional information be provided. After receipt of such notification to the applicant, the applicant shall supply any reasonably necessary additional information and shall advise the [National Park](/usc/16/410hhh–1.md?p=5) Service that the applicant believes that the application contains all reasonably necessary information and is therefore complete, whereupon the [National Park](/usc/16/410hhh–1.md?p=5) Service may—
      - (i) within 30 days of receipt of such notice from the applicant to the [National Park](/usc/16/410hhh–1.md?p=5) Service determine that the application does not contain all reasonably necessary additional information and, on that basis, deny the application; or
      - (ii) review the application and take final action within 60 days from the date that the applicant provides notification to the [National Park](/usc/16/410hhh–1.md?p=5) Service that its application is complete.
- (c) **Activities to conform to requirements of National Park Service—** Such activities shall be permitted to occur if such activities conform to requirements established by the [National Park](/usc/16/410hhh–1.md?p=5) Service under authority of law.
- (d) **Consideration of practices used in similar habitats or ecosystems—** In establishing standards governing the conduct of exploration or development and production activities within the boundaries of the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) or the [Addition](/usc/16/410r–5.md?p=c-2), the [Secretary](/usc/16/410r–5.md?p=c-1) shall take into consideration oil and gas exploration and development and production practices used in similar habitats or ecosystems within the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) or the [Addition](/usc/16/410r–5.md?p=c-2) at the time of promulgation of the rules and regulations under [subsection (a)](#a) or at the time of the submission of the application seeking authorization for such activities, as appropriate.
- (e) **Interim agreements with owners of non-Federal oil and gas interests prior to promulgation of rules and regulations—** Prior to the promulgation of rules or regulations under this section, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, consistent with the purposes of which the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) [Addition](/usc/16/410r–5.md?p=c-2) was established, to enter into interim agreements with [owners](/usc/16/429b–3.md?p=4) of non-Federal oil and gas interests governing the conduct of oil and gas exploration, development or production activities within the boundaries of the [Addition](/usc/16/410r–5.md?p=c-2), which agreements shall be superseded by the rules and regulations promulgated by the [Secretary](/usc/16/410r–5.md?p=c-1) when applicable: Provided, That such agreement shall be consistent with the requirements of [subsections (b)–(d)](#b..d) of this section and may be altered by the terms of rules and regulations subsequently promulgated by the [Secretary](/usc/16/410r–5.md?p=c-1): Provided further, That this provision shall not be construed to enlarge or diminish the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to establish rules and regulations applicable to the conduct of exploration or development and production activities within the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) or the [Addition](/usc/16/410r–5.md?p=c-2).
- (f) **Minerals Management Office; establishment; duties—** There is hereby authorized to be established a Minerals Management Office within the Office of the Superintendent of the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7), for the purpose of ensuring, consistent with the purposes for which the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) was established, timely consideration of and final action on applications for the exploration or development and production of non-Federal oil and gas rights located beneath the surface of lands within the boundaries of the Big Cypress National [Preserve](/usc/16/410hhh–1.md?p=7) and the [Addition](/usc/16/410r–5.md?p=c-2).
- (g) **Authorization of appropriations—** There are hereby authorized to be appropriated such sums as may be necessary to carry out the activities set forth in this section.