Everglades National Park Protection and Expansion Act of 1989
PL 101-229 (H.R.1727), enacted 12/13/1989

103 STAT. 1946 
PUBLIC LAW 101-229—DEC. 13, 1989 
Public Law 101-229 
101st Congress 
An Act 
TVv ^^ 1Q8Q 
"^^ modify the boundaries of the Everglades National Park and to provide for the 
:— 
protection of lands, waters, and natural resources vi^ithin the park, and for other 
[H.R. 1727] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Everglades 
United States of America in Congress assembled, 
Protection and 
SECTION 1. SHORT TITLE. 
I9r'°°^*^°^ 
This Act may be cited as the "Everglades National Park Protec-
Florida. 
tion and Expansion Act of 1989". 
16 u s e 410r-5 
note 
TITLE I—EVERGLADES NATIONAL PARK 
EXPANSION 
16 u s e 410r-5. 
SEC. 101. FINDINGS, PURPOSES AND DEFINITION OF TERMS. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The Everglades National Park is a nationally and inter-
nationally significant resource and the park has been adversely 
affected and continues to be adversely affected by external 
factors which have altered the ecosystem including the natural 
hydrologic conditions within the park. 
(2) The existing boundary of Everglades National Park 
excludes the contiguous lands and waters of the Northeast 
Shark River Slough that are vital to long-term protection of the 
park and restoration of natural hydrologic conditions within the 
park. 
(3) Wildlife resources and their associated habitats have been 
adversely impacted by the alteration of natural hydrologic 
conditions within the park, which has contributed to an overall 
decline in fishery resources and a 90 percent population loss of 
wading birds. 
(4) Incorporation of the Northeast Shark River Slough and 
the East Everglades within the park will limit further losses 
suffered by the park due to habitat destruction outside the 
present park boundaries and will preserve valuable ecological 
resources for use and enjoyment by future generations. 
(5) The State of Florida and certain of its political subdivisions 
or agencies have indicated a willingness to transfer approxi-
mately 35,000 acres of lands under their jurisdiction to the park 
in order to protect lands and water within the park, and may so 
transfer additional lands in the future. 
(6) The State of Florida has proposed a joint Federal-State 
effort to protect Everglades National Park through the acquisi-
tion of additional lands. 
(b) PURPOSE.—The purposes of this Act are to— 
(1) increase the level of protection of the outstanding natural 
values of Everglades National Park and to enhance and restore 
PUBLIC LAW 101-229—DEC. 13, 1989 
103 STAT. 1947 
the ecological values, natural hydrologic conditions, and public 
enjoyment of such area by adding the area commonly known as 
the Northeast Shark River Slough and the East Everglades to 
Everglades National Park; and 
(2) assure that the park is managed in order to maintain the 
natural abundance, diversity, and ecological integrity of native 
plants and animals, as well as the behavior of native animals, as 
a part of their ecosystem. 
(c) DEFINITIONS.—As used in this Act: 
(1) The term "Secretary" means the Secretary of the Interior. 
(2) The term "addition" means the approximately 107,600 
acre area of the East Everglades area authorized to be added to 
Everglades National Park by this Act. 
(3) The term "park" means the area encompassing the exist-
ing boundary of Everglades National Park and the addition 
area described in paragraph (2). 
(4) The term "project" means the Central and Southern Flor-
ida Project. 
SEC. 102. BOUNDARY MODIFICATION. 
(a) AREA INCLUDED.—The park boundary is hereby modified to 
include approximately 107,600 acres as generally depicted on the 
map entitled "Boundary Map, Everglades National Park Addition, 
Dade County, Florida", numbered 160-20,013B and dated September 
1989. The map shall be on file and available for public inspection in 
the offices of the National Park Service, Department of the Interior. 
(b) BOUNDARY ADJUSTMENT.—The Secretary may from time to 
time make minor revisions in the boundaries of the park in accord-
ance with section 7(c) of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 4601-4 and following). In exercising the boundary 
adjustment authority the Secretary shall ensure all actions will 
enhance resource preservation and shall not result in a net loss of 
acreage from the park. 
(c) ACQUISITION.—(1) Within the boundaries of the addition 
described in subsection (a), the Secretary may acquire lands and 
interests in land by donation, purchase with donated or appro-
priated funds, or exchange. For purposes of acquiring property by 
exchange, the Secretary may, notwithstanding any other provision 
of law, exchange the approximately one acre of Federal land known 
as "Gilberts' Marina" for non-Federal land of equal value located 
within the boundaries of the addition. Any lands or interests in land 
which are owned by the State of Florida or any political subdivision 
thereof, may be acquired only by donation. 
(2) It is the express intent of Congress that acquisition within the 
boundaries of the addition shall be completed not later than 5 years 
after the date of enactment of this section. The authority provided 
by this section shall remain in effect until all acquisition is com-
pleted. 
(d) ACQUISITION OF TRACTS PARTIALLY OUTSIDE BOUNDARIES.— 
When any tract of land is only partly within boundaries referred to 
in subsection (a), the Secretary may acquire all or any portion of the 
land outside of such boundaries in order to minimize the payment of 
severance costs. Land so acquired outside of the boundaries may be 
exchanged by the Secretary for non-Federal lands within the bound-
aries, and any land so acquired and not utilized for exchange shall 
be reported to the General Services Administration for disposal 
16 u s e 410r-6. 
Public 
information. 
Termination 
date. 
103 STAT. 1948 
PUBLIC LAW 101-229—DEC. 13,1989 
under the Federal Property and Administrative Services Act of 1949 
(63 Stat. 377). 
(e) OFFERS TO SELL.—In exercising the authority to acquire prop-
erty under this Act, the Secretary shall give prompt and careful 
consideration to any offer made by any person owning property 
within the boundaries of the addition to sell such property, if such 
owner notifies the Secretary that the continued ownership of such 
property is causing, or would result in undue hardship. 
(0 AUTHORIZATION OF APPROPRIATIONS.—(1) Subject to the provi-
sions of paragraph (2), there are hereby authorized to be appro-
priated such sums as may be necessary to carry out the provisions of 
this Act. 
(2) With respect to land acquisition within the addition, not more 
than 80 percent of the cost of such acquisition may be provided by 
the Federal Government. Not less than 20 percent of such cost shall 
be provided by the State of Florida. 
(g) ASSISTANCE.—Upon the request of the Governor of the State of 
Florida, the Secretary is authorized to provide technical assistance 
and personnel to assist in the acquisition of lands and waters within 
the Kissimmee River/Lake Okeechobee/Everglades 
Hydrologic 
Basin, including the Big Cypress Swamp, through the provision of 
Federal land acquisition personnel, practices, and procedures. The 
State of Florida shall reimburse the Secretary for such assistance in 
such amounts and at such time as agreed upon by the Secretary and 
the State. Notwithstanding any other provision of law, reimburse-
ment received by the Secretary for such assistance shall be retained 
by the Secretary and shall be available without further appropria-
tion for purposes of carrying out any authorized activity of the 
Secretary within the boundaries of the park. 
16 use 410r-7. 
SEC. 103. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall administer the areas within 
the addition in accordance with this Act and other provisions of law 
applicable to the Everglades National Park, and with the provisions 
of law generally applicable to units of the national park system, 
including the Act entitled "An Act to establish a National Park 
Service, and for other purposes", approved August 25, 1916 (39 Stat. 
535; 16 U.S.C. 1-4). In order to further preserve and protect Ever-
glades National Park, the Secretary shall utilize such other statu-
tory authority as may be available to him for the preservation of 
wildlife and natural resources as he deems necessary to carry out 
the purposes of this Act. 
(b) PROTECTION OF ECOSYSTEM.—The Secretary shall mansige the 
park in order to maintain the natural abundance, diversity, and 
ecological integrity of native plants and animals, as well as the 
behavior of native animals, as a part of their ecosystem. 
Boating. 
(c) PROTECTION OF FLORA AND FAUNA.—The park shall be closed to 
the operation of airboats— 
(1) except as provided in subsection (d); and 
(2) except that within a limited capacity and on designated 
routes within the addition, owners of record of registered air-
boats in use within the addition as of January 1, 1989, shall be 
issued nontransferable, nonrenewable permits, for their individ-
ual lifetimes, to operate personnally-owned airboats for non-
commercial use in accordance with rules prescribed by the 
Secretary to determine ownership and registration, establish 
PUBLIC LAW 101-229—DEC. 13, 1989 
103 STAT. 1949 
uses, permit conditions, and penalties, and to protect the bio-
logical resources of the area. 
(d) CONCESSION CONTRACTS.—The Secretary is authorized to nego-
tiate and enter into concession contracts with the owners of 
commercial airboat and tour facilities in existence on or before 
January 1, 1989, located within the addition for the provision of 
such services at their current locations under such rules and condi-
tions as he may deem necessary for the accommodation of visitors 
and protection of biological resources of the area. 
(e) VISITOR CENTER.—The Secretary is authorized and directed to 
expedite the construction of the visitor center facility at Everglades 
City, Florida, as described in the Development Concept Plan, Gulf 
Coast, dated February 1989, and upon construction shall designate 
the visitor center facility as "The Marjory Stoneman Douglas 
Center" in commemoration of the vision and leadership shown by 
Mrs. Douglas in the protection of the Everglades and Everglades 
National Park. 
SEC. 104. MODIFICATION OF CERTAIN WATER PROJECTS. 
(a) IMPROVED WATER DELIVERIES.—(1) Upon completion of a final 
report by the Chief of the Army Corps of Engineers, the Secretary of 
the Army, in consultation with the Secretary, is authorized and 
directed to construct modifications to the Central and Southern 
Florida Project to improve water deliveries into the park and shall, 
to the extent practicable, take steps to restore the natural 
hydrological conditions within the park. 
(2) Such modifications shall be based upon the findings of the 
Secretary's experimental program authorized in section 1302 of the 
1984 Supplemental Appropriations Act (97 Stat. 1292) and generally 
as set forth in a General Design Memorandum to be prepared by the 
Jacksonville District entitled "Modified Water Deliveries to Ever-
glades National Park". The Draft of such Memorandum and the 
Final Memorandum, as prepared by the Jacksonville District, shall 
be submitted as promptly as practicable to the Committee on Energy 
and Natural Resources and the Committee on Environment and 
Public Works of the United States Senate and the Committee on 
Interior and Insular Affairs and the Committee on Public Works 
and Transportation of the United States House of Representatives. 
(3) Construction of project modifications authorized in this subsec-
tion and flood protection systems authorized in subsections (c) and 
(d) are justified by the environmental benefits to be derived by the 
Everglades ecosystem in general and by the park in particular and 
shall not require further economic justification. 
(4) Nothing in this section shall be construed to limit the oper-
ation of project facilities to achieve their design objectives, as set 
forth in the Congressional authorization and any modifications 
thereof. 
(b) DETERMINATION OF ADVERSE EFFECT.—(1) Upon completion of 
the Final Memorandum referred to in subsection (a), the Secretary 
of the Army, in consultation with the South Florida Water Manage-
ment District, shall make a determination as to whether the resi-
dential area within the East Everglades known as the "Eight and 
One-Half Square Mile Area" or adjacent agricultural areas, all as 
generally depicted on the map referred to in subsection 102(a), will 
be adversely affected by project modifications authorized in subsec-
tion (a). 
Marjory 
Stoneman 
Douglas. 
16 u s e 410r-8. 
Agriculture and 
agriculturEil 
conimodities. 
103 STAT. 1950 
PUBUC LAW 101-229—DEC. 13,1989 
(2) In determining whether adjacent agricultural areas will be 
adversely affected, the Secretary of the Army shall consider the 
impact of any flood protection system proposed to be implemented 
pursuant to subsection (c) on such agricultural areas. 
(c) 
FLOOD PROTECTION; EIGHT AND ONE-HALF SQUARE MILE 
AREA.—If the Secretary of the Army makes a determination pursu-
ant to subsection (b) that the "Eight and One-Half Square Mile 
Area" will be adversely affected, the Secretary of the Army is 
authorized and directed to construct a flood protection system for 
that portion of presently developed land within such area. 
(d) FLOOD PROTECTION; ADJACENT AGRICULTURAL AREA.—(1) If the 
Secretary of the Army determines pursuant to subsection (b) that an 
adjacent agricultural area will be adversely affected, the Secretary 
of the Army is authorized and directed to construct a flood protec-
tion system for such area. Such determination shall be based on a 
flnding by the Secretary of the Army that: 
(A) the adverse effect will be attributable solely to a project 
modiflcation authorized in subsection (a) or to a flood protection 
system implemented pursuant to subsection (c), or both; and 
(B) such modiflcation or flood protection system will result in 
a substantial reduction in the economic utility of such area 
based on its present agricultural use. 
(2) No project modiflcation authorized in subsection (a) which the 
Secretary of the Army determines will cause an adverse effect 
pursuant to subsection (b) shall be made operational until the 
Secretary of the Army has implemented measures to prevent such 
adverse effect on the adjacent agricultural area: Provided, That the 
Secretary of the Army or the South Florida Water Management 
District may operate the modiflcation to the extent that the Sec-
retary of the Army determines that such operation will not ad-
versely affect the adjacent agricultural area: Provided further. That 
any preventive measure shall be implemented in a manner that 
presents the least prospect of harm to the natural resources of the 
park. 
(3) Any flood protection system implemented by the Secretary of 
the Army pursuant to this subsection shall be required only to 
provide for flood protection for present agricultural uses within such 
adjacent agricultural area. 
(4) The acquisition of land authorized in section 102 shall not be 
considered a project modiflcation. 
Agriculture and 
(e) PERIODIC REVIEW.—(1) Not later than 18 months after the 
^S^^^lu^ 
completion of the project modiflcations authorized in subsection (a), 
'^""** ' "" 
and periodically thereafter, the Secretary of the Army shall review 
the determination of adverse effect for adjacent agricultural areas. 
(2) In conducting such review, the Secretary of the Army shall 
consult with all affected parties, including, but not limited to, the 
Secretary, the South Florida Water Management District and agri-
cultural users within adjacent agricultural areas. 
(3) If, on the basis of strch review, the Secretary of the Army 
determines that an adjacent agricultural area has been, or will be 
adversely affected, the Secretary of the Army is authorized and 
directed, in accordance with the provisions of subsection (d), to 
construct a flood protection system for such area: Provided, That the 
provisions of subsection (dX2) shall be applicable only to the extent 
that the Secretary, in consultation with the Secretary of the Army, 
determines that trie park will not be adversely affected. 
commodities. 
PUBLIC LAW 101-229—DEC. 13,1989 
103 STAT. 1951 
(4) The provisions of this subsection shall only be applicable if the 
Secretary of the Army has previously made a determination that 
such adjacent agricultural area will not be adversely affected. 
(f) CURRENT CANAL OPERATING LEVELS.—Nothing in this section 
shall be construed to require or prohibit the Secretary of the Army 
or the South Florida Water Management District from maintaining 
the water level within any project canal below the maximum au-
thorized operating level as of the date of enactment of this Act. 
(g) No LIMITATION ON OTHER CLAiMs.-^If the Secretary of the 
Army makes a determination of no adverse effect pursuant to 
subsection (b), such determination shall not be considered as a 
limitation or prohibition against any available legal remedy which 
may otherwise be available. 
(h) COORDINATION.—The Secretary and the Secretary of the Army 
shall coordinate the construction program authorized under this 
section and the land acquisition program authorized in section 102 
in such a manner as will permit both to proceed concurrently and as 
will avoid unreasonable interference with property interests prior to 
the acquisition of such interests by the Secretary under section 102. 
(i) WEST DADE WELLFIELD.—No Federal license, permit, approval, 
right-of-way or assistance shall be granted or issued with respect to 
the West Dade Wellfield (to be located in the Bird Drive Drainage 
Basin, as identified in the Comprehensive Development Master Plan 
for Dade County, Florida) until the Secretary, the Grovernor of the 
State of Florida, the South Florida Water Management District and 
Dade County, Florida enter into an agreement providing that the 
South Florida Water Management District's water use permit for 
the wellfield, if granted, must include the following limiting condi-
tions: (1) the wellfield's peak pumpage rate shall not exceed 
140,000,000 gallons per day; (2) the permit shall include reasonable, 
enforceable measures to limit demand on the wellfield in times of 
water shortage; and (3) if, during times of water shortage, the 
District fails to limit demand on the wellfield pursuant to (2), or if 
the District limits demand on the wellfield pursuant to (2), but the 
Secretary certifies that operation of the wellfield is still causing 
significant adverse impacts on the resources of the Park, the Gov-
ernor shall require the South Florida Water Management District to 
take necessary actions to alleviate the adverse impact, including, 
but not limited to, temporary reductions in the pumpage from the 
wellfield. 
(j) PROTECTION OF NATURAL VALUES.—The Secretary of the Army 
is directed in analysis, design and engineering associated with the 
development of a general design memorandum for works and oper-
ations in the "C-111 basin" area of the East Everglades, to take all 
measures which are feasible and consistent with the purposes of the 
project to protect natural values associated with Everglades 
National Park. Upon completion of a general design memorandum Reports, 
for the area, the Secretary shall prepare and transmit a report to 
the Committee on Energy and Natural Resources and the Commit-
tee on Environment and Public Works of the United States Senate 
and the Committee on Interior and Insular Affairs and the Commit-
tee on Public Works and Transportation of the United States House 
of Representatives on the status of the natural resources of the C-
111 basin and functionally related lands. 
103 STAT. 1952 
PUBLIC LAW 101-229—DEC. 13, 1989 
TITLE II—FORT JEFFERSON NATIONAL 
MONUMENT REDESIGNATION STUDY 
SEC. 201. FORT JEFFERSON NATIONAL MONUMENT REDESIGNATION 
STUDY. 
The Secretary shall prepare and transmit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Interior and Insular Affairs of the House of Representatives, not 
later than 2 years after the date of enactment of this Act, a 
feasibility and suitability study of expanding and redesignating Fort 
Jefferson National Monument in the Dry Tortugas as Fort Jefferson 
National Park. The study shall include cost estimates for any 
necessary acquisition, development, operation, and maintenance, as 
well as alternatives, including a joint Federal and State manage-
ment scheme, to further protect the waters, reef tracts, fisheries, 
and shallow banks in and around the Florida Keys and Fort Jeffer-
son National Monument. 
Approved December 13, 1989. 
LEGISLATIVE HISTORY—H.R. 1727 (S. 724): 
HOUSE REPORTS: No. 101-182, Pt. 1 (Comm. on Interior and Insular Affairs) and 
Pt. 2 (Comm. on Public Works and Transportation). 
SENATE REPORTS: No. 101-168 accompanying S. 724 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 7, considered and passed House. 
Nov. 21, considered and passed Senate, amended, in lieu of S. 724. House 
concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Dec. 13, Presidential statement.