I 

110TH CONGRESS 

2D SESSION H. R. 5708 

To adjust the boundary of the Everglades National Park, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

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 Resources 

A BILL 

To adjust the boundary of the Everglades National Park, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Everglades National 

5 Park Boundary Adjustment Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Tarpon Basin property proposed for ac9 quisition by the Secretary (acting through the DirecVerDate Aug 31 2005 21:16 Apr 04, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5708.IH H5708

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1 tor of the National Park Service) contains habitat 

2 for— 

3 (A) the wood stork and the West Indian 

4 manatee, each of which is listed as an endan5 gered species under the Endangered Species 

6 Act of 1973 (16 U.S.C. 1531 et seq.); and 

7 (B) the roseate spoonbill and the white8 crowned pigeon, each of which is listed as a 

9 threatened species by the Florida Game and 

10 Fresh Water Fish Commission; 

11 (2) the Tarpon Basin property also includes ap12 proximately 10 acres of subtropical hardwood ham13 mock, a habitat found only in South Florida and the 

14 Florida Keys; 

15 (3) more than 70 percent of the hardwood ham16 mock in South Key Largo has been lost to develop17 ment; and 

18 (4) vessel owners often anchor the vessels of the 

19 owners in a saltwater pond— 

20 (A) that is located within the Tarpon 

21 Basin property; and 

22 (B) to protect the vessels from tropical 

23 storms and hurricanes. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) HURRICANE HOLE.—The term ‘‘Hurricane 

2 Hole’’ means the saltwater pond that— 

3 (A) is located east of the Intracoastal Wa4 terway as the Waterway passes through 

5 Dusenbury Creek; and 

6 (B) has been used historically to moor sail7 boats during tropical storms and hurricanes. 

8 (2) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Proposed Tarpon Basin Boundary Revision’’ 

10 and dated April 14, 2003. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (4) TARPON BASIN PROPERTY.—The term 

14 ‘‘Tarpon Basin property’’ means the land that— 

15 (A) is comprised of approximately 600 

16 acres of land and water surrounding Tarpon 

17 Basin, as generally depicted on the map; and 

18 (B) is located in South Key Largo. 

19 SEC. 4. BOUNDARY REVISION. 

20 (a) BOUNDARY REVISION.—The boundary of the Ev21 erglades National Park is adjusted to include the Tarpon 

22 Basin property. 

23 (b) ACQUISITION AUTHORITY.— 

24 (1) IN GENERAL.—In accordance with para25 graph (2), the Secretary may acquire, through a volVerDate Aug 31 2005 21:16 Apr 04, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5708.IH H5708

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1 untary donation, sale, or exchange, any land or in2 terest in land that is located in the Tarpon Basin 

3 property. 

4 (2) REQUIREMENT RELATING TO SALES.—With 

5 respect to a sale to acquire any land or interest in 

6 land under paragraph (1) that is located in the Tar7 pon Basin property, the Secretary may only use do8 nated or appropriated funds. 

9 (c) AVAILABILITY OF MAP.—The map shall be on file 

10 and available for public inspection in the appropriate of11 fices of the National Park Service. 

12 (d) ADMINISTRATION.—The Secretary shall admin13 ister each land and water added to the Everglades Na14 tional Park by subsection (a), or through a voluntary do15 nation, sale, or exchange under subsection (b)— 

16 (1) as part of the Everglades National Park; 

17 and 

18 (2) in accordance with applicable laws (includ19 ing regulations). 

20 SEC. 5. USE OF HURRICANE HOLE. 

21 (a) AUTHORITY TO ISSUE PERMITS.—The Secretary 

22 may issue a permit to any owner of a sailing vessel who, 

23 before the date of enactment of this Act, had secured the 

24 sailing vessel of the owner in Hurricane Hole to protect 

25 the sailing vessel from a tropical storm or hurricane. 


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1 (b) ELIGIBILITY.— 

2 (1) EVIDENCE OF PRIOR USE.—To be eligible 

3 to receive a permit under subsection (a), an owner 

4 of a sailing vessel shall provide to the Secretary evi5 dence that the Secretary determines to be sufficient 

6 to establish that the owner of the sailing vessel had, 

7 before the date of enactment of this Act, secured the 

8 sailing vessel of the owner in Hurricane Hole to pro9 tect the vessel from a tropical storm or hurricane. 

10 (2) INDEMNITY REQUIREMENT.—To be eligible 

11 to receive a permit under subsection (a), an owner 

12 of a sailing vessel shall agree to hold the United 

13 States harmless, and to indemnify the United States 

14 from any claim or damage that may arise from any 

15 activity conducted under the permit (including dam16 age to the sailing vessel that is the subject of the 

17 permit). 

18 (c) CONDITIONS OF PERMIT.— 

19 (1) SAILING VESSELS.—A permit issued under 

20 subsection (a) shall be valid only for a sailing vessel. 

21 (2) TRANSFERABILITY.—A permit issued under 

22 subsection (a) shall not be transferrable. 

23 (3) EXPIRATION.—A permit issued under sub24 section (a) shall expire on the date of the death of 

25 the holder of the permit. 


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1 (d) PROTECTION OF RESOURCES.— 

2 (1) AUTHORITY OF SECRETARY.—The Sec3 retary may include in a permit issued under sub4 section (a) any term or condition that the Secretary 

5 determines to be necessary— 

6 (A) to protect the resources of the Ever7 glades National Park; and 

8 (B) to ensure the safety of the public at 

9 the Everglades National Park. 

10 (2) BOND.—To accomplish each goal described 

11 in paragraph (1), the Secretary may require each 

12 holder of a permit issued under subsection (a) to 

13 post a bond. 

14 (e) FEES.—The Secretary may charge a fee to re15 cover the cost of issuing, and monitoring the compliance 

16 of, the permits under subsection (a). 

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

Æ 


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