I 

111TH CONGRESS 

1ST SESSION H. R. 1559 

To provide for the resolution of several land ownership and related issues 

with respect to parcels of land located within the Everglades National Park. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Mr. MARIO DIAZ-BALART of Florida introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To provide for the resolution of several land ownership and 

related issues with respect to parcels of land located 

within the Everglades National Park. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EVERGLADES NATIONAL PARK. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COMPANY.—The term ‘‘Company’’ means 

6 Florida Power & Light Company. 

7 (2) FEDERAL LAND.—The term ‘‘Federal 

8 Land’’ means the parcels of land that are— 

9 (A) owned by the United States; 

10 (B) administered by the Secretary; 


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1 (C) located within the National Park; and 

2 (D) generally depicted on the map as— 

3 (i) Tract A, which is adjacent to the 

4 Tamiami Trail, U.S. Rt. 41; and 

5 (ii) Tract B, which is located on the 

6 eastern boundary of the National Park. 

7 (3) MAP.—The term ‘‘map’’ means the map 

8 prepared by the National Park Service, titled ‘‘Pro9 posed Land Exchanges, Everglades National Park’’, 

10 numbered 160/60411A, and dated September 2008. 

11 (4) NATIONAL PARK.—The term ‘‘National 

12 Park’’ means the Everglades National Park located 

13 in the State. 

14 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed15 eral land’’ means the land in the State that— 

16 (A) is owned by the State, the specific area 

17 and location of which shall be determined by 

18 the State; or 

19 (B)(i) is owned by the Company; 

20 (ii) comprises approximately 320 acres; 

21 and 

22 (iii) is located within the East Everglades 

23 Acquisition Area, as generally depicted on the 

24 map as ‘‘Tract D’’. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (7) STATE.—The term ‘‘State’’ means the State 

4 of Florida and political subdivisions of the State, in5 cluding the South Florida Water Management Dis6 trict. 

7 (b) LAND EXCHANGE WITH STATE.— 

8 (1) IN GENERAL.—Subject to the provisions of 

9 this paragraph, if the State offers to convey to the 

10 Secretary all right, title, and interest of the State in 

11 and to specific parcels of non-Federal land, and the 

12 offer is acceptable to the Secretary, the Secretary 

13 may, subject to valid existing rights, accept the offer 

14 and convey to the State all right, title, and interest 

15 of the United States in and to the Federal land gen16 erally depicted on the map as ‘‘Tract A’’. 

17 (2) CONDITIONS.—The land exchange under 

18 paragraph (1) shall be subject to such terms and 

19 conditions as the Secretary may require. 

20 (3) VALUATION.— 

21 (A) IN GENERAL.—The values of the land 

22 involved in the land exchange under paragraph 

23 (1) shall be equal. 

24 (B) EQUALIZATION.—If the values of the 

25 land are not equal, the values may be equalized 


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1 by donation, payment using donated or appro2 priated funds, or the conveyance of additional 

3 parcels of land. 

4 (4) APPRAISALS.—Before the exchange of land 

5 under paragraph (1), appraisals for the Federal and 

6 non-Federal land shall be conducted in accordance 

7 with the Uniform Appraisal Standards for Federal 

8 Land Acquisitions and the Uniform Standards of 

9 Professional Appraisal Practice. 

10 (5) TECHNICAL CORRECTIONS.—Subject to the 

11 agreement of the State, the Secretary may make 

12 minor corrections to correct technical and clerical er13 rors in the legal descriptions of the Federal and non14 Federal land and minor adjustments to the bound15 aries of the Federal and non-Federal land. 

16 (6) ADMINISTRATION OF LAND ACQUIRED BY

17 SECRETARY.—Land acquired by the Secretary under 

18 paragraph (1) shall— 

19 (A) become part of the National Park; and 

20 (B) be administered in accordance with the 

21 laws applicable to the National Park System. 

22 (c) LAND EXCHANGE WITH COMPANY.— 

23 (1) IN GENERAL.—Subject to the provisions of 

24 this paragraph, if the Company offers to convey to 

25 the Secretary all right, title, and interest of the 


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1 Company in and to the non-Federal land generally 

2 depicted on the map as ‘‘Tract D’’, and the offer is 

3 acceptable to the Secretary, the Secretary may, sub4 ject to valid existing rights, accept the offer and con5 vey to the Company all right, title, and interest of 

6 the United States in and to the Federal land gen7 erally depicted on the map as ‘‘Tract B’’, along with 

8 a perpetual easement on a corridor of land contig9 uous to Tract B for the purpose of vegetation man10 agement. 

11 (2) CONDITIONS.—The land exchange under 

12 paragraph (1) shall be subject to such terms and 

13 conditions as the Secretary may require. 

14 (3) VALUATION.— 

15 (A) IN GENERAL.—The values of the land 

16 involved in the land exchange under paragraph 

17 (1) shall be equal unless the non-Federal land 

18 is of higher value than the Federal land. 

19 (B) EQUALIZATION.—If the values of the 

20 land are not equal, the values may be equalized 

21 by donation, payment using donated or appro22 priated funds, or the conveyance of additional 

23 parcels of land. 

24 (4) APPRAISAL.—Before the exchange of land 

25 under paragraph (1), appraisals for the Federal and 


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1 non-Federal land shall be conducted in accordance 

2 with the Uniform Appraisal Standards for Federal 

3 Land Acquisitions and the Uniform Standards of 

4 Professional Appraisal Practice. 

5 (5) TECHNICAL CORRECTIONS.—Subject to the 

6 agreement of the Company, the Secretary may make 

7 minor corrections to correct technical and clerical er8 rors in the legal descriptions of the Federal and non9 Federal land and minor adjustments to the bound10 aries of the Federal and non-Federal land. 

11 (6) ADMINISTRATION OF LAND ACQUIRED BY

12 SECRETARY.—Land acquired by the Secretary under 

13 paragraph (1) shall— 

14 (A) become part of the National Park; and 

15 (B) be administered in accordance with the 

16 laws applicable to the National Park System. 

17 (d) MAP.—The map shall be on file and available for 

18 public inspection in the appropriate offices of the National 

19 Park Service. 

20 (e) BOUNDARY REVISION.—On completion of the 

21 land exchanges authorized by this section, the Secretary 

22 shall adjust the boundary of the National Park accord23 ingly, including removing the land conveyed out of Federal 

24 ownership. 

Æ 


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