[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2804
To adjust the boundary of the Everglades National Park, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2008
Mr. Nelson of Florida (for himself and Mr. Martinez) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To adjust the boundary of the Everglades National Park, and for other
purposes.
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--
(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.
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