Big Cypress National Preserve Addition Act
PL 100-301 (S.90), enacted 04/29/1988

PUBLIC LAW 100-301—APR. 29, 1988 
102 STAT. 443 
Public Law 100-301 
100th Congress 
An Act 
To establish the Big Cypress National Preserve Addition in the State of Florida, 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. 
(a) SHORT TITLE.—This Act may be cited as the "Big Cypress 
National Preserve Addition Act". 
O
t
)
) AMENDMENT OF BIG CYPRESS NATIONAL PRESERVE ACT.—When-
ever in this Act an amendment is expressed in terms of an amend-
ment to the Act of October 11, 1974, such amendment shall be 
considered to be made to the Act entitled "An Act to establish the 
Big Cypress National Preserve in the State of Florida, and for other 
purposes", approved October 11, 1974 (Public Law 93-440; 88 Stat. 
1257). 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) the planned construction of Interstate 75 is presently being 
designed in such a way as to improve the natural water flow to 
the Everglades National Park, which has been disrupted by 
State Road 84 (commonly known as "Alligator Alley"); 
(2) the planned construction of Interstate 75 provides an 
opportunity to enhance protection of the Everglades National 
Park, to promote protection of the endangered Florida panther, 
and to provide for public recreational use and enjoyment of 
public lands by expanding the Big Cypress National Preserve to 
include those lands adjacent to Interstate 75 in Collier County 
north and east of the Big Cypress National Preserve, west of the 
Broward County line, and south of the Hendry County line; 
(3) the Federal acquisition of lands bordering the Big Cypress 
National Preserve in conjunction with the construction of Inter-
state 75 would provide significant public benefits by limiting 
development pressure on lands which are important both in 
terms of fish and wildlife habitat supporting endangered species 
and of wetlands which are the headwaters of the Big Cypress 
National Preserve; and 
(4) public ownership of lands adjacent to the Big Cypress 
National Preserve would enhance the protection of the Ever-
glades National Park while providing recreational opportunities 
and other public uses currently offered by the Big Cypress 
National Preserve. 
(b) PURPOSE.—It is the purpose of this Act to establish the Big 
Cypress National Preserve Addition. 
Apr. 29, 1988 
[S. 90] 
Big Cypress 
National 
Preserve 
Addition Act. 
National 
Wilderness 
Preservation 
System. 
Conservation. 
Public lands. 
16 u s e 698f 
note. 
16 u s e 698f 
note. 
102 STAT. 444 
PUBLIC LAW 100-301—APR. 29, 1988 
Public 
information. 
Federed 
Register, 
publication. 
SEC. 3. ESTABLISHMENT OF ADDITION. 
(a) BIG CYPRESS NATIONAL PRESERVE ADDITION.—The Act of Octo-
ber 11, 1974, is amended by adding at the end thereof the following 
new section: 
16 use 698m-l. 
"SEC. 9. (a) In order to— 
"(1) achieve the purposes of the first section of this Act; 
"(2) complete the preserve in conjunction with the planned 
construction of Interstate Highway 75; and 
"(3) insure appropriately managed use and access to the Big 
Cypress Watershed in the State of Florida, 
the Big Cypress National Preserve Addition is established. 
"(b) The Big Cypress National Preserve Addition (referred to in 
this Act as the 'Addition') shall comprise approximately 146,000 
acres as generally depicted on the map entitled Big Cypress Na-
tional Preserve Addition, dated April, 1987, and numbered 176-
91000C, which shall be on file and available for public inspection in 
the Office of the National Park Service, Department of the Interior, 
Washington, D.C, and shall be filed with appropriate offices of 
Collier County in the State of Florida. The Secretary shall, as soon 
as practicable, publish a detailed description of the boundaries of the 
Addition in the Federal Register. 
"(c) The area within the boundaries depicted on the map referred 
to in subsection Qy) shall be known as the 'Big Cypress National 
Preserve Addition' and shall be managed in accordance with 
section 4. 
"(d) For purposes of administering the Addition and notwithstand-
ing section 2(c), it is the express intent of the Congress that the 
Secretary should substantially complete the land acquisition pro-
gram contemplated with respect to the Addition in not more than 
five years after the date of the enactment of this paragraph.". 
(b) HUNTING, FISHING, AND TRAPPING.—Section 5 of the Act of 
16 use 698j. 
October 11, 1974, is amended by inserting "and the Addition" after 
"preserve" each place it appears. 
(c) SUITABILITY AS WILDERNESS.—Section 7 of the Act of Octo-
16 use 698/. 
her 11, 1974, is amended— 
(1) by inserting "with respect to the preserve and five years 
from the date of the enactment of the Big Cypress National 
Preserve Addition Act with respect to the Addition" after "date 
of the enactment of this Act" in the first sentence; and 
(2) by inserting "or the area within the Addition (as the case 
may be)" after "preserve" each place it appears. 
16 use 698k. 
(d) INDIAN RIGHTS.—Section 6 of the Act of October 11, 1974, is 
amended as follows: 
(1) In clause (i) insert "and the Addition" after "preserve" and 
insert "(January 1, 1985, in the case of the Addition)" after 
"1972". 
(2) In clause (ii) insert "or within the Addition" after 
"preserve". 
SEC. 4. ACQUISITION OF LAND WITHIN ADDITION. 
(a) UNITED STATES SHARE OF ACQUISITION COSTS.—The first section 
16 use 698f. 
of the Act of October 11, 1974, is amended by adding at the end 
thereof the following new subsection: 
"(d)(1) The aggregate cost to the United States of acquiring lands 
within the Addition may not exceed 80 percent of the total cost of 
such lands. 
PUBLIC LAW 100-301—APR. 29, 1988 
102 STAT. 445 
"(2) Except as provided in paragraph (3), if the State of Florida 
transfers to the Secretary lands within the Addition, the Secretary 
shall pay to or reimburse the State of Florida (out of funds appro-
priated for such purpose) an amount equal to 80 percent of the total 
costs to the State of Florida of acquiring such lands. 
"(3) The amount described in paragraph (1) shall be reduced by an 
amount equal to 20 percent of the amount of the total cost incurred 
by the Secretary in acquiring lands in the Addition other than from 
the State of Florida. 
"(4) For purposes of this subsection, the term 'total cost' means 
that amount of the total acquisition costs (including the value of 
exchanged or donated lands) less the amount of the costs incurred 
by the Federal Highway Administration and the Florida Depart-
ment of Transportation, including severance damages paid to pri-
vate property owners as a result of the construction of Interstate 
75.". 
(b) METHODS OF LAND ACQUISITION IN THE ADDITION.—The first 
sentence of subsection (c) of the first section of the Act of October 11, 
1974, is amended— 
16 USC 698f. 
(1) by inserting "or the Addition" after "preserve" the first 
place it appears; and 
(2) in the first proviso— 
(A) by inserting "in the preserve" after "subdivisions,"; 
and 
(B) by striking out the colon and inserting in lieu thereof 
"and, any land acquired by the State of Florida, or any of 
its subdivisions, in the Addition shall be acquired in accord-
ance with subsection (d):". 
(c) VALUATION AND APPRAISAL.—The fourth sentence of subsection 
(c) of such section is amended by inserting "or the Addition" after 
"preserve" each place it appears. 
(d) ACQUISITION OF PROPERTY RIGHTS BY THE STATE OF FLORIDA.— 
Subsection (c) of such section is amended by adding at the end 
thereof the following: "Nothing in this Act shall be construed to 
interfere with the right of the State of Florida to acquire such 
property rights as may be necessary for Interstate 75.". 
(e) EXCLUSION OF SUBSURFACE ESTATE.—The third sentence of 
subsection (c) of such section is amended by inserting "and the 
Addition" after "preserve" each place it appears. 
(f) IMPROVED PROPERTY IN ADDITION.—Section 30t)) of the Act 
of 
October 11,1974, is amended— 
16 USC 698h. 
(1) in clause (i) by inserting "with respect to the preserve and 
January 1, 1986, with respect to the Addition" after "Novem-
ber 23,1971,"; and 
(2) in clause (ii)— 
(A) by inserting "with respect to the preserve and Janu-
ary 1, 1986, with respect to the Addition" after "Novem-
ber 23,1971," the first place it appears; and 
(B) by inserting "or January 1,1986, £is the case may be," 
after "November 23, 1971," the second and third places it 
appears. 
SEC. 5. COOPERATION AMONG AGENCIES. 
The Act of October 11, 1974, is further amended by adding at the 
end thereof the following new section: 
"SEC. 10. The Secretary and other involved Federal agencies shall 
Recreation. 
cooperate with the State of Florida to establish recreational access 
16 USC 698m-2. 
102 STAT. 446 
PUBLIC LAW 100-301—APR. 29, 1988 
points and roads, rest and recreation areas, wildlife protection, 
hunting, fishing, frogging, and other traditional 
recreational 
opportunities in conjunction with the creation of the Addition and 
in the construction of Interstate Highway 75. Three of such access 
points shall be located within the preserve (including 
the 
Addition).". 
SEC. 6, REPORT TO CONGRESS. 
The Act of October 11, 1974, is further amended by adding at the 
end thereof the following new section: 
16 use 698m-3. 
"SEC. 11. Not later than two years after the date of the enactment 
of this section, the Secretary shall submit to the Congress a detailed 
report on, and further plan for, the preserve and Addition 
including— 
"(1) the status of the existing preserve, the effectiveness of 
past regulation and management of the preserve, and rec-
ommendations for future management of the preserve and the 
Addition; 
"(2) a summary of the public's use of the preserve and the 
status of the access points developed pursuant to section 10; 
"(3) the need for involvement of other State and Federal 
agencies in the management and expansion of the preserve and 
Addition; 
"(4) the status of land acquisition; and 
"(5) a determination, made in conjunction with the State of 
Florida, of the adequacy of the number, location, and design of 
the recreational access points on I-75/Alligator Alley for access 
to the Big Cypress National Preserve, including the Addition. 
The determination required by paragraph (5) shall incorporate the 
results of any related studies of the State of Florida Department of 
Transportation and other Florida State agencies. Any recommenda-
tion for significant changes in the approved recreational access 
points, including any proposed additions, shall be accompanied by 
an assessment of the environmental impact of such changes.". 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
16 use 698m. 
Section 8 of the Act of October 11,1974, is amended— 
(1) by striking out "There" in the first sentence and inserting 
in lieu thereof "(a) Except as provided in subsection O^), there'; 
and 
(2) by adding at the end thereof the following new subsection: 
"Ot)) 'There is hereby authorized to be appropriated from the Land 
and Water Conservation Fund not to exceed $49,500,000 for the 
acquisition of lands within the Addition. There is hereby authorized 
to be appropriated such sums as may be necessary for development 
in the Addition. 
SEC. 
8
. 
OIL 
AND 
GAS 
EXPLORATION, 
DEVELOPMENT 
AND 
PRODUCTION. 
The Act of October 11, 1974, is further amended by adding at the 
end thereof the following new section: 
Regulations. 
"SEC. 12. (a) Within nine months from the date of the enactment 
16 use 698m-4. of the Big Cypress National Preserve Addition Act, the Secretary 
shall promulgate, subject to the requirements of subsections 03)-(e) 
of this section, such rules and regulations governing the exploration 
for and development and production of non-Federal interests in oil 
and gas located within the boundaries of the Big Cypress National 
Preserve and the Addition, including but not limited to access on. 
PUBLIC LAW 100-301—APR. 29, 1988 
102 STAT. 447 
across, or through all lands within the boundaries of the Big Cjnpress 
National Preserve and the Addition for the purpose of conducting 
such exploration or development and production, as are necessary 
and appropriate to provide reasonable use and enjoyment of pri-
vately owned oil and gas interests, and consistent with the purposes 
for which the Big Cypress National Preserve and the Addition were 
established. Rules and regulations promulgated pursuant to the 
authority of this section may be made by appropriate amendment to 
or in substitution of the rules and regulations respecting non-Federal 
oil and gas rights (currently codified at 36 CFR 9.30, et seq. (1986)). 
"(b) Any rule or regulation promulgated by the Secretary under 
subsection (a) of this section shall provide that— 
"(1) exploration or development and production activities may 
not be undertaken, except pursuant to a permit issued by the 
National Park Service authorizing such activities or access; and 
"(2) final action by the National Park Service with respect to 
any application for a permit authorizing such activities shall 
occur within 90 days from the date such an application is 
submitted unless— 
"(A) the National Park Service and the applicant agree 
that such final action shall occur within a shorter or longer 
period of time; or 
"(B) the National Park Service determines that an addi-
tional period of time is required to ensure that the National 
Park Service has, in reviewing the application, complied 
with other applicable law, Executive orders and regula-
tions; or 
"(C) the National Park Service, within 30 days from the 
date of submission of such application, notifies the ap-
plicant that such application does not contain all informa-
tion reasonably necessary to allow the National Park 
Service to consider such application and requests that such 
additional information be provided. After receipt of such 
notification to the applicant, the applicant shall supply any 
reasonably necessary additional information and shall 
advise the National Park Service that the applicant be-
lieves that the application contains all reasonably nec-
essary information and is therefore complete, whereupon 
the National Park Service may— 
"(i) within 30 days of receipt of such notice from the 
applicant to the National Park Service determine that 
the application does not contain all reasonably nec-
essary additional information and, on that basis, deny 
the application; or 
"(ii) review the application and take final action 
within 60 days from the date that the applicant pro-
vides notification to the National Park Service that its 
application is complete. 
"(c) Such activities shall be permitted to occur if such activities 
conform to requirements established by the National Park Service 
under authority of law. 
"(d) In establishing standards governing the conduct of explo-
ration or development and production activities within the bound-
aries of the Big Cypress National Preserve or the Addition, the 
Secretary shall take into consideration oil and gas exploration and 
development and production practices used in similar habitats or 
102 STAT. 448 
PUBLIC LAW 100-301—APR. 29, 1988 
contracts. 
Appropriation 
authorization. 
ecosystems within the Big Cypress National Preserve or the Addi-
tion at the time of promulgation of the rules and regulations under 
subsection (a) or at the time of the submission of the application 
seeking authorization for such activities, as appropriate. 
"(e) Prior to the promulgation of rules or regulations under this 
section, the Secretary is authorized, consistent with the purposes of 
which the Big Cypress National Preserve Addition was established, 
to enter into interim agreements with owners of non-Federal oil and 
gas interests governing the conduct of oil and gas exploration, 
development or production activities within the boundaries of the 
Addition, which agreements shall be superseded by the rules and 
regulations promulgated by the Secretary when applicable: Pro-
vided, That such agreement shall be consistent with the require-
ments of subsections (b)-(d) of this section and may be altered by the 
terms of rules and regulations subsequently promulgated by the 
Secretary: Provided further. That this provision shall not be con-
strued to enlarge or diminish the authority of the Secretary to 
establish rules and regulations applicable to the conduct of explo-
ration or development and production activities within the Big 
Cypress National Preserve or the Addition. 
"(f) There is hereby authorized to be established a Minerals 
Management Office within the Office of the Superintendent of the 
Big Cypress National Preserve, for the purpose of ensuring, consist-
ent with the purposes for which the Big Cypress National Preserve 
was established, timely consideration of and final action on applica-
tions for the exploration or development and production of non-
Federal oil and gas rights located beneath the surface of lands 
within the boundaries of the Big Cypress National Preserve and the 
Addition. 
"(g) There are hereby authorized to be appropriated such sums as 
may be necessary to carry out the activities set forth in this 
section.". 
Approved April 29, 1988. 
LEGISLATIVE fflSTORY—S. 90 (H.R. 184): 
HOUSE REPORTS: No. 100-30 accompanying H.R. 184 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORTS: No. 100-45 (Qjmm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Mar. 31, H.R. 184 considered and passed House. 
Dec. 11, S. 90 considered and passed Senate. 
Vol. 134 (1988): Mar. 1, considered and passed House, amended. 
Mar. 31, Senate concurred in House amendments with amend-
ments. 
Apr. 12, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Apr. 29, Presidential statement.