---
kind: "section"
citation: "16 U.S.C. § 698f"
title: "16"
title_heading: "Conservation"
number: "698f"
heading: "Big Cypress National Preserve; Big Cypress National Preserve Addition"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/698f"
units:
  - "Chapter 6 — Game and Bird Preserves; Protection"
---

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

- (a) **Establishment—** In order to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the [State](/usc/16/590q.md?p=a) of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National [Preserve](/usc/16/698u–1.md?p=2) is hereby established.
- (b) **Location; boundaries; publication in Federal Register; area—** The Big Cypress National [Preserve](/usc/16/698u–1.md?p=2) (hereafter referred to as the “[preserve](/usc/16/698u–1.md?p=2)”) 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/16/698u–1.md?p=2)”, 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/16/410r–5.md?p=c-3) 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/16/590q.md?p=a) 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/16/698u–1.md?p=2) 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, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the [preserve](/usc/16/698u–1.md?p=2) or the [Addition](/usc/16/410r–5.md?p=c-2): Provided, That any lands owned or acquired by the [State](/usc/16/590q.md?p=a) of Florida, or any of its [subdivisions](/usc/16/539m–1.md?p=15), in the [preserve](/usc/16/698u–1.md?p=2) may be acquired by donation only and, any land acquired by the [State](/usc/16/590q.md?p=a) 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 shall be appropriated until the Governor of Florida executes an agreement on behalf of the [State](/usc/16/590q.md?p=a) which (i) provides for the transfer to the United States of all lands within the [preserve](/usc/16/698u–1.md?p=2) previously owned or acquired by the [State](/usc/16/590q.md?p=a) and (ii) provides for the donation to the United States of all lands acquired by the [State](/usc/16/590q.md?p=a) within the [preserve](/usc/16/698u–1.md?p=2) 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/16/698u–1.md?p=2). No [improved property](/usc/16/251h.md?p=2), as defined by sections 698f to [698m–4](/usc/16/698m–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 which are, or would be, detrimental to the purposes of the [preserve](/usc/16/698u–1.md?p=2). 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/16/698u–1.md?p=2) and the [Addition](/usc/16/410r–5.md?p=c-2), exclude such interest in acquiring any lands within the [preserve](/usc/16/698u–1.md?p=2) 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/16/698u–1.md?p=2) 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/16/698u–1.md?p=2) 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/16/698u–1.md?p=2) 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/16/698m–4.md) of this title, without transfer of funds. Nothing in sections 698f to [698m–4](/usc/16/698m–4.md) of this title shall be construed to interfere with the right of the [State](/usc/16/590q.md?p=a) 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 of such lands.
  - (2) Except as provided in [paragraph (3)](#d-3), if the [State](/usc/16/590q.md?p=a) 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/16/590q.md?p=a) of Florida (out of funds appropriated for such purpose) an amount equal to 80 percent of the total costs to the [State](/usc/16/590q.md?p=a) 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 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/16/590q.md?p=a) 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.

## Source credit

(Pub. L. 93–440, § 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100–301, § 4(a)–(e), Apr. 29, 1988, 102 Stat. 444, 445; Pub. L. 108–483, § 2, Dec. 23, 2004, 118 Stat. 3920.)

## Notes

### Editorial Notes

### Amendments

2004—Subsec. (d)(3). Pub. L. 108–483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”.

1988—Subsec. (c). Pub. L. 100–301, § 4(b), inserted in provisions before first proviso “or the Addition” after “boundaries of the preserve” and in first proviso “in the preserve” after “subdivisions,” and “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)” before the colon.

Pub. L. 100–301, § 4(e), inserted “and the Addition” after “for the purposes of the preserve” and after “any lands within the preserve” in third sentence.

Pub. L. 100–301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence.

Pub. L. 100–301, § 4(d), inserted at end “Nothing in sections 698f to 698m–4 of this title shall be construed to interfere with the right of the State of Florida to acquire such property rights as may be necessary for Interstate 75.”

Subsec. (d). Pub. L. 100–301, § 4(a), added subsec. (d).

### Statutory Notes and Related Subsidiaries

### Short Title of 1988 Amendment

Pub. L. 100–301, § 1(a), Apr. 29, 1988, 102 Stat. 443, provided that: “This Act [enacting sections 698m–1 to 698m–4 of this title, amending this section and sections 698h and 698j to 698m of this title, and enacting provisions set out below] may be cited as the ‘Big Cypress National Preserve Addition Act’.”

### Findings and Purpose

Pub. L. 100–301, § 2, Apr. 29, 1988, 102 Stat. 443, provided that: Findings.—The Congress finds that— the planned construction of Interstate 75 is presently being designed in such a way as to improve the natural water flow to the Everglades National Park, which has been disrupted by State Road 84 (commonly known as ‘Alligator Alley’); the planned construction of Interstate 75 provides an opportunity to enhance protection of the Everglades National Park, to promote protection of the endangered Florida panther, and to provide for public recreational use and enjoyment of public lands by expanding the Big Cypress National Preserve to include those lands adjacent to Interstate 75 in Collier County north and east of the Big Cypress National Preserve, west of the Broward County line, and south of the Hendry County line; the Federal acquisition of lands bordering the Big Cypress National Preserve in conjunction with the construction of Interstate 75 would provide significant public benefits by limiting development pressure on lands which are important both in terms of fish and wildlife habitat supporting endangered species and of wetlands which are the headwaters of the Big Cypress National Preserve; and public ownership of lands adjacent to the Big Cypress National Preserve would enhance the protection of the Everglades National Park while providing recreational opportunities and other public uses currently offered by the Big Cypress National Preserve. Purpose.—It is the purpose of this Act [see Short Title of 1988 Amendment note above] to establish the Big Cypress National Preserve Addition.”