A bill to establish the Big Cypress National Preserve in the State of Florida, and for other purposes.
PL 93-440 (H.R.10088), enacted 10/11/1974

serve, 
16 use 698f. 
Publication in 
Federal Register 
acquisition. 
1258 
PUBLIC LAW 93-440-OCT. 11, 1974 
[88 STAT. 
Public Law 93-440 
October 11, 1974 
AN 
A C T 
[H. R. 10088] 
rp^ establish the Big Cypress National I'reserve in the State of Florida, and 
for other i)iiri)oses. 
Be it enacted hy the Senate and House of RepTesentatives 
of the 
Big Cypress 
United States of America in Conqress assembled. That (a) in order 
Fia. 
to assure the preservation, conservation, and protection of the natural, 
Establishment, 
sceulc, hydroloffic, floral and faunal, and recreational values of the 
Big Cypress Watershed in the State of Florida and to provide for 
the enhancement and public enjoyment thereof, the Big Cypress 
National Preserve is hereby established. 
M
a
p and de- 
n^\ r^^x^ Big Cvpress National Preserve (hereafter referred to as 
scriDtion tiliriE, 
'-' 
•/ i. 
^ 
\ 
^ 
the "preserve") shall comprise the area generally depicted on the map 
entitled "Big Cypress National Preserve", dated November 1971 and 
numbered BC-91,0()1, which shall be on file and available for public 
inspection in the Offices of the National Park Service, Department of 
the Interior, Washington, District of Columbia, and shall be filed 
with appropriate offices of Collier, Monroe, and Dade Counties in the 
State of Florida. The Secretary of the Interior (hereafter referred to 
as the "Secretfiry") shall, as soon as practicable, publish a detailed 
description of the boundaries of the preserve in the Federal Register 
which shall include not more than five hundred and seventy thousand 
acres of land and water. 
^^y^.^^l^^aters, 
(^(.^ ^\^Q Secretary is authorized to acquire by donation, purchase 
with donated or appropriated funds, transfer from any other Federal 
agency, or exchange, any lands, waters, or interests therein which are 
located within the boundaries of the preserve: Provided, That any 
lands owned or' acquired by the State of Florida, or any of its sub-
divisions, may be acquired by donation only: Provided further, That 
no Federal funds shall be appropriated until the Governor of Florida 
executes an agreement on behalf of the State which (i) provides for 
the transfer to the United States of all lands within the preserve pre-
viously owned or acquired by the State and (ii) provides for the dona-
tion to the United States of all lands acquired by the State within the 
preserve pursuant to the provision of "the Big Cypress Conservation 
Act of 1978'' (Chapter 1'^-VM of the Florida Statutes) or provides for 
the donation to the United States of any remaining moneys appro-
priated ])ursuant to such Act for the purchase of lands within the pre-
serve. No im])roved property, as defined by this Act, nor oil and gas 
rights, shall be acquired without the consent of the owner unless the 
Secretary, in his judgment, determines that such property is subject 
to, or threatened with, uses which are, or would be, detrimental to the 
purposes of the preserve. The Secretary may, if he determines that the 
acquisition of any other subsurface estate is not needed for the pur-
poses of the preserve, exclude such interest in acquiring any lands 
within the preserve. Notwithstanding the provisions of section 301 of 
the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (84 Stat. 1894,1904) the Secretary (i) may evalu-
ate any offer to sell land within the preserve by any landowner and 
may, in his discretion, accept any offer not in excess of $10,000 without 
an appraisal and (ii) may direct an appraisal to be made of any unim-
proved property within the preserve without notice to the owner or 
owners thereof. Notwithstanding an}- other provision of law, any fed-
erally owned lands within the preserve shall, with the concurrence 
of the head of the administering agency, be transferred to the admin-
istrative jurisdiction of the Secretary for the purposes of this Act, 
without transfer of funds. 
42 use 4651. 
88 STAT. ] 
PUBLIC LAW 93-440-OCT. 11, 1974 
1259 
SEC. 2. (a) In recognition of the efforts of the State of Florida in 
le use 698g. 
the preservation of the area, through the enactment of chapter 73-131 
of the Florida statntes, "The Big Cypress Conservation Act of 1973", 
the Secretary is directed to proceed as expeditiously as possible to 
acquire the lands and interests in lands necessary to achieve the pur-
poses of this Act. 
(b) Within one year after the date of the enactment of this Act, ^jj;^^^^^;^''^';^;"^-^. 
the Secretary shall submit, in writing, to the Committee on Interior tai to congres-
and Insular Affairs and to the Committees on Appropriations of the^'°"^^ committees. 
United States Congress a detailed plan which shall indicate: 
(i) the lands and areas which he deems essential to the pro-
tection and public enjoyment of this preserve, 
(ii) the lands which he has previously acquired by purchase, 
donation, exchange or transfer for administration for the pur-
pose of this preserve, and 
(iii) the annual acquisition pr-ogram (including the level of 
funding) which he recommends for the ensuing five fiscal years. 
(c) It is the express intent of the Congress that the Secretary should completion 
substantially complete the land acquisition program contemplated 
by this Act within six years after the date of its enactment. 
SEC. 3. (a) The owner of an improved property on the date of its ^'^"e^eluon"" 
acquisition by the Secretary may, as a condition of such acquisition, rights. 
I'etain for himself and his heirs and assigns a right of use and occu- 
^^ ^^^ 6 98h. 
pancy of the improved property for a definite term of not more than 
twenty-five years or, in lieu thereof, for a term ending at the death 
of the owner or the death of his spouse, whichever is later. The owner 
shall elect the term to be reserved. Unless this property is wholly or 
partially donated to the United States, the Secretary shall pay the 
owner the fair market value of the property on the date of acquisition 
less the fair market value, on that date, of the right retained by the 
owner. A right retained pursuant to this section shall be subject to 
termination by the Secretary upon his determination that it is being 
exercised in a manner inconsistent with the purposes of this Act, which 
shall include the exercise of such right in violation of any applicable 
State or local laws and ordinances, and it shall terminate by operation 
of law" upon the Secretary's notifying the holder of the right of such 
determination and tendering to him an amount equal to the fair 
market value of that portion of the right which remains unexpired. 
(b) As used in this Act, the term "improved property" means: 
^^'^'improved prop-
(i) a detached, one family dwelling, construction of which 
was begun before November 23. 1971, which is used for noncom-
mercial residential purposes, together with not to exceed three 
acres of land on which the dwelling is situated and such addi-
tional lands as the Secretary deems reasonably necessary for 
access thereto, such land being in the same ownership as the 
dwelling, and together with any structures accessory to the dwell-
ing which are situated on such lands and 
(ii) any other building, construction of which was begun before 
November 23, 1971, which was constructed and is used in accord-
ance w4th all applicable State and local laws and ordinances, 
together with as much of the land on which the building is sit-
uated, such land being in the same ow^nership as the building, 
as the Secretary shall designate to be reasonably necessary for 
the continued enjoyment and use of the building in the same 
manner and to the same extent as existed in November 23, 1971, 
together with any structures accessory to the building which are 
situated on the lands so designated. In making such designation 
1260 
PUBLIC LAW 93-440-OCT. 11, 1974 
[88 STAT. 
42 
use 4623-
4626. 
42 
use 4601. 
Administration. 
16 u s e 698i. 
Rules and reg-
ulations; publi-
cation in Federal 
Register. 
Transportation 
facilities. 
Hunting and 
fishing. 
16 u s e 698j. 
Miccosukee and 
Seminole Indian 
Tribes, land use, 
retention rights. 
Visitor services, 
contracts. 
16 u s e 698k. 
the Secretary shall take into account the manner of use in which 
the building, accessory structures, and lands were customarily 
enjoyed prior to November 23,1971, 
(c) Whenever an owner of property elects to retain a right of use 
and occupancy as provided in this section, such owner shall be deemed 
to have waived any benefits or rights accruing under sections 203, 
204, 205, and 206 of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the 
purposes of such sections such owner shall not be considered a dis-
placed person as defined in section 101(6) of such Act. 
SEC. 4. (a) The area within the boundaries depicted on the map 
referred to in section 1 shall be known as the Big Cypress National 
Preserve. Such lands shall be administered by the Secretary as a unit 
of the National Park System in a manner which will assure their 
natural and ecological integrity in perpetuity in accordance with the 
provisions of this Act and with the provisions of the Act of August 25, 
1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. 
(b) In administering the preserve, the Secretary shall develop and 
publish in the Federal Register such rules and regulations as he deems 
necessary and appropriate to limit or control the use of Federal lands 
and waters with respect to: 
(1) motorized vehicles, 
(2) exploration for and extraction of oil, gas, and other min-
erals, 
(3) grazing, 
(4) draining or constructing of works or structures which alter 
the natural water courses, 
(5) agriculture, 
(6) hunting, fishing, and trapping, 
(7) new construction of any kind, and 
(8) such other uses as the Secretary determines must be limited 
or controlled in order to carry out the purposes of this Act: 
Provided^ That the Secretary shall consult and cooperate with 
the Secretary of Transportation to assure that necessary trans-
portation facilities shall be located within existing or reasonably 
expanded rights-of-way and constructed within the reserve in a 
manner consistent with the purposes of this Act. 
SEC. 5. The Secretary shall permit hunting, fishing, and trapping 
on lands and waters under his jurisdiction within the preserve in 
accordance with the applicable laws of the United States and the State 
of Florida, except that he may designate zones where and periods when 
no hunting, fishing, trapping, or entry may be permitted for reasons 
of public safety, administration, floral and faunal protection and man-
agement, or public use and enjoyment. Except in emergencies, any 
regulations prescribing such restrictions relating to hunting, fishing, 
or trapping shall be put into effect only after consultation with the 
appropriate State agency having jurisdiction over hunting, fishing, 
and trapping activities. Notwithstanding this section or any other 
provision of this Act, members of the Miccosukee Tribe of Indians 
of Florida and members of the Seminole Tribe of Florida shall be 
permitted, subject to reasonable regulations established by the Secre-
tary, to continue their usual and customary use and occupancy of Fed-
eral or federally acquired lands and waters within the preserve, 
including hunting, fishing, and trapping on a subsistence basis and 
traditional tribal ceremonials. 
SEC. 6. Notwithstanding any other provision of law, before entering 
into any contract for the provision of revenue producing visitor 
services. 
88 STAT. ] 
PUBLIC LAW 93-441-OCT. 11, 1974 
1261 
(i) the Secretary shall offer those members of the Miccosukee 
and. Seminole Indian Tribes who, on January 1, 1972, were 
engaged in the provision of similar services, a right of first refusal 
to continue providing such services within the preserve subject to 
such terms and conditions as he may deem appropriate, and 
(ii) before entering into any contract or agreement to provide 
new revenue-producing'visitor services within the preserve, the 
Secretary shall offer to the Miccosukee Tribe of Indians of Flor-
ida and the Seminole Tribe of Florida the right of first refusal to 
provide such services, the right to be open for a period of ninety 
days. Should both Tribes respond with proposals that satisfy the 
terms and conditions established by the Secretary, the Secretary 
may allow the Tribes an additional period of ninety days in which 
to enter into an inter-Tribal cooperative agreement to provide 
such visitor services, but if neither tribe responds with proposals 
that satisfy the terms and conditions established by the Secretary, 
then the Secretary shall provide such visitor services in accord-
ance with the Act of October 9, 1965 (79 Stat. 969, 16 U.S.C. 20). 
No such agreement may be assigned or otherwise transferred 
without the consent of the Secretary. 
SEC. 7. Within five years from the date of the enactment of this Act, 
Preserve re-
the Secretary shall review the area within the preserve and shall Pre'^ide^nt? 
report to the President, in accordance with section 3 (c) and (d) of 
i^ use 698i. 
the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his 
recommendations as to the suitability or nonsuitability of any area 
within the preserve for preservation as wilderness, and any designa-
tion of any such areas as a wilderness shall be accomplished in accord-
ance with said subsections of the Wilderness Act. 
^^ ^^^ ^^^^ 
SEC. 8. There are authorized to be appropriated such sums as may "Vp'propriation. 
be necessary to carry out the provisions of this Act, but not to exceed 
i^ use 698m. 
$116,000,000 for the acquisition of lands and interests in lands and not 
to exceed $900,000 for development. Any funds donated to the United 
Funds donated 
States by the State of Florida pursuant to chapter 73-131 of the 1° pioHda.^usl! 
Florida statutes shall be used solely for the acquisition of lands and 
interests in land within the preserve. 
Approved October 11, 1974. 
Public Law 93-441 
A N A C T 
October 11, 1974 
To authorize the Secretary of the Treasury to change the alloy and weight of 
[H.R. I6032]— 
the one-cent piece and to amend the Bank Holding Act Amendments of 1970 
to authorize grants to Eisenhower College, Seneca Falls, New York. 
Be it enacted hy tlie Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That section 3515 of sifion"chan°'^^°" 
the Eevised Statutes (31 U.S.C. 317) is amended by inserting " ( a ) " Eisenhower e'oi-
immediately prior to "The minor coins" and by adding at the end lege, N.Y.,grants. 
thereof the following new subsections: 
"(b) Whenever in the judgment of the Secretary of the Treasury 
such action is necessary to assure an adequate supply of coins to meet 
the national needs, he may prescribe such composition of copper and 
zinc in the alloy of the one-cent piece as he may deem appropriate. 
Such one-cent pieces shall have such weight as may be prescribed by 
the Secretary.