I 
110TH CONGRESS 
2D SESSION 
H. R. 6728 
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 
JULY 31, 2008 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Everglades National 
Park Land Exchange Act of 2008’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) the Everglades National Park is a nation-
ally and internationally significant resource ad-
versely affected by external factors that have altered 
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State depends in part on the resolution of several 
land ownership issues relating to parcels of land lo-
cated in the National Park; 
(6) the United States has entered into a contin-
gent agreement that— 
(A) provides for the exchange of land with 
the Florida Power & Light Company; and 
(B) is contingent on the approval of Con-
gress; 
(7) the land exchange proposed in the Agree-
ment is critical to the success of the Project; 
(8) the Osceola family of Roy Cypress has occu-
pied the area of the National Park commonly known 
as the ‘‘William McKinley Osceola Hammock’’ since 
before the date on which the National Park was es-
tablished; and 
(9) the interests of the Family and the United 
States would be enhanced by a further delineation of 
the rights and obligations of each party because the 
Hammock may be impacted by construction of im-
provements relating to the Project. 
(b) PURPOSE.—The purpose of this Act is to direct, 
facilitate, and expedite the exchange of certain Federal 
land and non-Federal land in the State to further the pub-
lic interest by— 
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(1) authorizing an exchange of land held by the 
United States that is affected by the construction, 
operation, and maintenance of a relocated and raised 
section of the Tamiami Trail, U.S. Rt. 41 roadway, 
pursuant to the Project; 
(2) ratifying and executing a contingent agree-
ment between the United States and the Company 
to exchange and relocate certain property interests 
of the Company (including the provision of ease-
ments and other actions); and 
(3) authorizing the Secretary to enter into an 
agreement with the Family to allow the Family to 
occupy and use certain parcels of land located in the 
National Park for purposes consistent with the pur-
poses and resource values of the National Park. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’ 
means the agreement described in the document— 
(A) entitled ‘‘Contingent Agreement Be-
tween the United States of America and Flor-
ida Power & Light Company for Exchange and 
Relocation of Florida Power & Light Company’s 
Property Located In or Adjacent to the Ever-
glades National Park Expansion Area’’; and 
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(B) executed by the United States and the 
Company on July 24, 2008, including any sub-
sequent amendments to the document. 
(2) COMPANY.—The term ‘‘Company’’ means 
the Florida Power & Light Company. 
(3) FAMILY.—The term ‘‘Family’’ means the 
Osceola family of Roy Cypress. 
(4) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the parcels of land that are— 
(A) owned by the United States; 
(B) administered by the Secretary; 
(C) located within the National Park; and 
(D) generally depicted on the map as— 
(i) Tract lllll, which is adja-
cent to the Tamiami Trail, U.S. Rt. 41, in 
existence as of the date of enactment of 
this Act; and 
(ii) Tract llllll, which is lo-
cated on the eastern boundary of the Na-
tional Park. 
(5) HAMMOCK.—The term ‘‘Hammock’’ means 
the parcel of land that is— 
(A) commonly known as the ‘‘William 
McKinley Osceola Hammock’’; and 
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(B) generally depicted on the map as Tract 
llll. 
(6) MAP.—The term ‘‘map’’ means the map 
prepared by the National Park Service, titled 
‘‘llll’’, numbered llll, and dated 
llll. 
(7) MODIFIED WATER DELIVERIES PROJECT.— 
The term ‘‘modified water deliveries project’’ means 
the modifications to the Project authorized under 
section 104(a) of the Everglades National Park Pro-
tection and Expansion Act of 1989 (16 U.S.C. 
410r–8(a)). 
(8) NATIONAL
PARK.—The term ‘‘National 
Park’’ means the Everglades National Park located 
in the State. 
(9) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the area of land located in the 
State that is comprised of land that— 
(A) is owned by the State, the specific area 
and location of which shall be determined by 
the State; and 
(B) is owned by the Company— 
(i) the area of which comprises ap-
proximately 320 acres; and 
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(ii) the location of which is within the 
East Everglades Acquisition Area, as gen-
erally depicted on the map as Tract 
lllll. 
(10) PLAN.—The term ‘‘Plan’’ means the Com-
prehensive Everglades Restoration Plan— 
(A) contained in the Final Integrated Fea-
sibility Report and Programmatic Environ-
mental Impact Statement, dated April 1, 1999; 
and 
(B) approved under section 601(b) of the 
Water Resources Development Act of 2000 
(114 Stat. 2680). 
(11) PROJECT.—The term ‘‘Project’’ means the 
Central and Southern Florida Project. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(13) STATE.—The term ‘‘State’’ means the 
State of Florida. 
SEC. 4. LAND EXCHANGE. 
(a) LAND EXCHANGE AUTHORIZED.—If the State of-
fers to convey to the Secretary all right, title, and interest 
of the State in and to the non-Federal land, and the offer 
is acceptable to the Secretary, the Secretary shall, subject 
to valid existing rights— 
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(1) accept the offer; and 
(2) convey to the State all right, title, and in-
terest of the United States in and to the Federal 
land. 
(b) TERMS AND CONDITIONS.—The land exchange 
under subsection (a) shall be subject to such terms and 
conditions as the Secretary may require. 
(c) APPRAISALS; EQUALIZATION.— 
(1) APPRAISALS.— 
(A) IN GENERAL.—The Federal land and 
non-Federal land shall be appraised by an inde-
pendent appraiser selected by the Secretary. 
(B) STANDARDS.—An appraisal conducted 
under subparagraph (A) shall be conducted in 
accordance with— 
(i) the Uniform Appraisal Standards 
for Federal Land Acquisitions; and 
(ii) the Uniform Standards of Profes-
sional Appraisal Practice. 
(2) EQUALIZATION.—If the values of the Fed-
eral land and the non-Federal land to be conveyed 
in the land exchange under subsection (a) are not 
equal, the values may be equalized by— 
(A) donation; 
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(f) ADMINISTRATION OF LAND ACQUIRED BY SEC-
RETARY.—Land acquired by the Secretary through the 
land exchange under subsection (a) shall— 
(1) become part of the National Park; and 
(2) be administered in accordance with the laws 
(including regulations) applicable to the National 
Forest System. 
(g) AVAILABILITY OF MAP.—The map shall be on file 
and available for public inspection in the appropriate of-
fices of the National Park Service. 
SEC. 5. RATIFICATION OF CONTINGENT AGREEMENT BE-
TWEEN THE UNITED STATES AND THE COM-
PANY. 
(a) RATIFICATION OF AGREEMENT.—The Agreement 
(including each term, condition, procedure, covenant, res-
ervation, and other provision contained in the Agreement) 
is ratified. 
(b) EXECUTION OF AGREEMENT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall execute the Agreement (including the land ex-
change under section 4(a)). 
(2) TECHNICAL CORRECTIONS.— 
(A) IN
GENERAL.—In accordance with 
subparagraph (B), the Secretary, subject to the 
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agreement of the Company, may make minor 
corrections to correct technical and clerical er-
rors with respect to any land description or in-
strument of conveyance contained in the Agree-
ment. 
(B) WRITTEN NOTICE REQUIREMENT.—To 
make a minor correction under subparagraph 
(A), the Secretary shall provide written notice, 
the duration of which shall be not less than 30 
days, to— 
(i) the Committee on Energy and 
Natural Resources of the Senate; and 
(ii) the Committee on Natural Re-
sources of the House of Representatives. 
(c) ENVIRONMENTAL ASSESSMENT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, in accordance 
with paragraph (2), the Secretary may prepare an 
environmental assessment regarding the land ex-
change under section 4(a). 
(2) REQUIREMENTS.—In preparing the environ-
mental assessment under paragraph (1), the Sec-
retary shall— 
(A) identify any— 
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(i) immediate and proximate effect 
that may arise from the land exchange 
under section 4(a); and 
(ii) potential mitigation measure that 
the Secretary determines to be appropriate 
for each immediate and proximate effect 
identified under clause (i); and 
(B) provide for a period of public notice 
and comment with respect to the land exchange 
under section 4(a). 
SEC. 6. OSCEOLA FAMILY PERPETUAL USE AND OCCU-
PANCY AGREEMENT. 
(a) PERPETUAL
USE
AND
OCCUPANCY
AGREE-
MENT.—In accordance with subsection (b), and subject to 
subsection (c), the Secretary may enter into an agreement 
with the Family to allow the Family to occupy and use 
the Hammock in perpetuity for the purpose of a domestic 
residence. 
(b) PROTECTION OF NATIONAL PARK.—An agree-
ment entered into by the Secretary under subsection (a) 
shall ensure that the occupancy and use of the Hammock 
by the Family— 
(1) is carried out in a manner consistent with— 
(A) this Act; 
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(B) the purposes and resources of the Na-
tional Park; and 
(C) all applicable laws (including regula-
tions), including laws governing commercial ac-
tivities within the National Park (including reg-
ulations); and 
(2) does not prevent the Secretary from con-
structing any improvements necessary to allow for 
the completion of the Project. 
(c) PRESERVATION OF HAMMOCK.—Subject to the 
written approval of the Secretary, the area of the Ham-
mock shall not be enlarged— 
(1) through the addition of fill; or 
(2) by any other means. 
Æ 
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