HR 5708 IHCommentsClose CommentsPermalink

To adjust the boundary of the Everglades National Park, and for other purposes.CommentsClose CommentsPermalink

April 3, 2008

Ms. ROS-LEHTINEN (for herself and Mr. HASTINGS of Florida) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

To adjust the boundary of the Everglades National Park, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Everglades National Park Boundary Adjustment Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the Tarpon Basin property proposed for acquisition by the Secretary (acting through the Director of the National Park Service) contains habitat for--CommentsClose CommentsPermalink





(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.); andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) more than 70 percent of the hardwood hammock in South Key Largo has been lost to development; andCommentsClose CommentsPermalink





(4) vessel owners often anchor the vessels of the owners in a saltwater pond--CommentsClose CommentsPermalink





(A) that is located within the Tarpon Basin property; andCommentsClose CommentsPermalink





(B) to protect the vessels from tropical storms and hurricanes.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) HURRICANE HOLE- The term `Hurricane Hole' means the saltwater pond that--CommentsClose CommentsPermalink





(A) is located east of the Intracoastal Waterway as the Waterway passes through Dusenbury Creek; andCommentsClose CommentsPermalink





(B) has been used historically to moor sailboats during tropical storms and hurricanes.CommentsClose CommentsPermalink





(2) MAP- The term `map' means the map entitled `Proposed Tarpon Basin Boundary Revision' and dated April 14, 2003.CommentsClose CommentsPermalink





(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.CommentsClose CommentsPermalink





(4) TARPON BASIN PROPERTY- The term `Tarpon Basin property' means the land that--CommentsClose CommentsPermalink





(A) is comprised of approximately 600 acres of land and water surrounding Tarpon Basin, as generally depicted on the map; andCommentsClose CommentsPermalink





(B) is located in South Key Largo.CommentsClose CommentsPermalink

SEC. 4. BOUNDARY REVISION.

(a) Boundary Revision- The boundary of the Everglades National Park is adjusted to include the Tarpon Basin property.CommentsClose CommentsPermalink





(b) Acquisition Authority-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink





(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)--CommentsClose CommentsPermalink





(1) as part of the Everglades National Park; andCommentsClose CommentsPermalink





(2) in accordance with applicable laws (including regulations).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Eligibility-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(c) Conditions of Permit-CommentsClose CommentsPermalink





(1) SAILING VESSELS- A permit issued under subsection (a) shall be valid only for a sailing vessel.CommentsClose CommentsPermalink





(2) TRANSFERABILITY- A permit issued under subsection (a) shall not be transferrable.CommentsClose CommentsPermalink





(3) EXPIRATION- A permit issued under subsection (a) shall expire on the date of the death of the holder of the permit.CommentsClose CommentsPermalink





(d) Protection of Resources-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) to protect the resources of the Everglades National Park; andCommentsClose CommentsPermalink





(B) to ensure the safety of the public at the Everglades National Park.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Fees- The Secretary may charge a fee to recover the cost of issuing, and monitoring the compliance of, the permits under subsection (a).CommentsClose CommentsPermalink

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink