US Codex
U.S.C.
Browse by date

View an earlier version

Latest
1 year ago
Aug 30, 2025
5 years ago
Aug 30, 2021
Browse all versions by date
Notes

16 U.S.C. §§ 698f–698m–4

12 sections in range

§698f. Big Cypress National Preserve; Big Cypress National Preserve Addition

16 U.S.C. § 698f

(a)
Establishment— In order to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, 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.
(b)
Location; boundaries; publication in Federal Register; area— The Big Cypress National Preserve (hereafter referred to as the “preserve”) shall comprise the area generally depicted on the map entitled “Big Cypress National Preserve”, dated November 1971 and numbered BC–91,001, 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 “Secretary”) 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.
(c)
Methods of acquisition of land; prerequisites to Federal appropriations; improved property; oil and gas rights; appraisal of property; transfer of Federal property to Secretary— The 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 or the Addition: Provided, That any lands owned or acquired by the State of Florida, or any of its subdivisions, in the preserve may be acquired by donation only and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d): 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 previously owned or acquired by the State and (ii) provides for the donation 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 1973” (Chapter 73–131 of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the preserve. No improved property, as defined by sections 698f to 698m–4 of this title, 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 purposes of the preserve and the Addition, exclude such interest in acquiring any lands within the preserve and the Addition. Notwithstanding the provisions of section 4651 of title 42 the Secretary (i) may evaluate any offer to sell land within the preserve or the Addition 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 unimproved property within the preserve or the Addition without notice to the owner or owners, thereof. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of sections 698f to 698m–4 of this title, without transfer of funds. Nothing in sections 698f to 698m–4 of this title 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.
(d)
Land within Addition; United States share of acquisition costs—
(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.
(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 appropriated 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 (2) 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 Department of Transportation, including severance damages paid to private property owners as a result of the construction of Interstate 75.
Notes, amendments, and revision history

(Pub. L. 93–440, § 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100–301, § 4(a)–(e), Apr. 29, 1988, 102 Stat. 444, 445; Pub. L. 108–483, § 2, Dec. 23, 2004, 118 Stat. 3920.)

Editorial Notes

Amendments

2004—Subsec. (d)(3). Pub. L. 108–483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”.

1988—Subsec. (c). Pub. L. 100–301, § 4(b), inserted in provisions before first proviso “or the Addition” after “boundaries of the preserve” and in first proviso “in the preserve” after “subdivisions,” and “and, any land acquired by the State of Florida, or any of its subdivisions, in the Addition shall be acquired in accordance with subsection (d)” before the colon.

Pub. L. 100–301, § 4(e), inserted “and the Addition” after “for the purposes of the preserve” and after “any lands within the preserve” in third sentence.

Pub. L. 100–301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence.

Pub. L. 100–301, § 4(d), inserted at end “Nothing in sections 698f to 698m–4 of this title 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.”

Subsec. (d). Pub. L. 100–301, § 4(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Short Title of 1988 Amendment

Pub. L. 100–301, § 1(a), Apr. 29, 1988, 102 Stat. 443, provided that: “This Act [enacting sections 698m–1 to 698m–4 of this title, amending this section and sections 698h and 698j to 698m of this title, and enacting provisions set out below] may be cited as the ‘Big Cypress National Preserve Addition Act’.”

Findings and Purpose

Pub. L. 100–301, § 2, Apr. 29, 1988, 102 Stat. 443, provided that: Findings.—The Congress finds that— 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’); 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; the Federal acquisition of lands bordering the Big Cypress National Preserve in conjunction with the construction of Interstate 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 public ownership of lands adjacent to the Big Cypress National Preserve would enhance the protection of the Everglades National Park while providing recreational opportunities and other public uses currently offered by the Big Cypress National Preserve. Purpose.—It is the purpose of this Act [see Short Title of 1988 Amendment note above] to establish the Big Cypress National Preserve Addition.”

§698g. Acquisition of lands for Big Cypress Preserve

16 U.S.C. § 698g

(a)
Expeditious acquisition of Florida lands— In recognition of the efforts of the State of Florida in the preservation of the area, through the enactment of chapter 73–131 of the Florida statutes, “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 purposes of sections 698f to 698m–4 of this title.
(b)
Submission of plan to Congressional committees; time; contents— Within one year after October 11, 1974, the Secretary shall submit, in writing, to the Committee1 on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate:
(i)
the lands and areas which he deems essential to the protection and public enjoyment of this preserve.
(ii)
the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and
(iii)
the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years.
(c)
Time for completion of land acquisition program— It is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by sections 698f to 698m–4 of this title within six years after October 11, 1974.

Footnotes

  1. 1 So in original. Probably should be “Committees”.
Notes, amendments, and revision history

(Pub. L. 93–440, § 2, Oct. 11, 1974, 88 Stat. 1259.)

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the “Committee System Reorganization Amendments of 1977”), approved Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§698h. Right of use and occupancy of improved property on Big Cypress Preserve and Addition

16 U.S.C. § 698h

(a)
Election of right of use and occupancy; payment of fair market value; termination of right— The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use of and occupancy 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 sections 698f to 698m–4 of this title, 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)
“Improved property” defined— As used in sections 698f to 698m–4 of this title, the term “improved property” means:
(i)
a detached one family dwelling, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional 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 dwelling which are situated on such lands and
(ii)
any other building, construction of which was begun before November 23, 1971, with respect to the preserve and January 1, 1986, with respect to the Addition which was constructed and is used in accordance with all applicable State and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership 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, or January 1, 1986, as the case may be, together with any structures accessory to the building which are situated on the lands so designated. In making such designation 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 or January 1, 1986, as the case may be.1
(c)
Waiver of right to relocation assistance by election of right of use and occupancy— 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 4623, 4624, 4625, and 4626 of title 42, and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 4601(6) of title 42.

Footnotes

  1. 1 See 1988 Amendment note below.
Notes, amendments, and revision history

(Pub. L. 93–440, § 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L. 100–301, § 4(f), Apr. 29, 1988, 102 Stat. 445.)

Editorial Notes

Amendments

1988—Subsec. (b)(i). Pub. L. 100–301, § 4(f)(1), inserted “with respect to the preserve and January 1, 1986, with respect to the Addition” after “November 23, 1971,”.

Subsec. (b)(ii). Pub. L. 100–301, § 4(f)(2)(A), inserted “with respect to the preserve and January 1, 1986, with respect to the Addition” after “November 23, 1971,”.

Pub. L. 100–301, § 4(f)(2)(B), which directed insertion of “or January 1, 1986, as the case may be,” after “November 23, 1971,” the second and third places it appears, was executed by making the insertion after “November 23, 1971,” the second place it appears and after “November 23, 1971” preceding the period as the probable intent of Congress.

§698i. Administration of Big Cypress Preserve; applicability of other laws; rules and regulations for use of lands and waters; transportation facilities; consultation and cooperation with Secretary of Transportation

16 U.S.C. § 698i

(a)
The area within the boundaries depicted on the map referred to in section 698f of this title 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 sections 698f to 698m–4 of this title and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4)),1 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 minerals,
(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 sections 698f to 698m–4 of this title: Provided, That the Secretary shall consult and cooperate with the Secretary of Transportation to assure that necessary transportation facilities shall be located within existing or reasonably expanded rights-of-way and constructed within the reserve2 in a manner consistent with the purposes of sections 698f to 698m–4 of this title.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be “preserve”.
Notes, amendments, and revision history

(Pub. L. 93–440, § 4, Oct. 11, 1974, 88 Stat. 1260.)

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

§698j. Hunting, fishing, and trapping in Big Cypress Preserve and Addition authorized in accordance with applicable Federal and State laws; consultation with appropriate State agency prior to implementation of regulations restricting activities; land use and retention rights of Miccosukee and Seminole Indian Tribes

16 U.S.C. § 698j

The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the preserve and the Addition 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 management, 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 sections 698f to 698m–4 of this title, 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 Secretary, to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve and the Addition, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials.
Notes, amendments, and revision history

(Pub. L. 93–440, § 5, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100–301, § 3(b), Apr. 29, 1988, 102 Stat. 444.)

Editorial Notes

Amendments

1988—Pub. L. 100–301 inserted “and the Addition” in two places.

§698k. Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes

16 U.S.C. § 698k

Notwithstanding any other provision of law, before entering into any contract for the provision of revenue producing visitor services,
(i)
the Secretary shall offer those members of the Miccosukee and Seminole Indian Tribes who, on January 1, 1972 (January 1, 1985, in the case of the Addition), were engaged in the provision of similar services, a right of first refusal to continue providing such services within the preserve and the Addition 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 or within the Addition, the Secretary shall offer to the Miccosukee Tribe of Indians of Florida 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 accordance with subchapter IV of chapter 1 of this title. No such agreement may be assigned or otherwise transferred without the consent of the Secretary.
Notes, amendments, and revision history

(Pub. L. 93–440, § 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100–301, § 3(d), Apr. 29, 1988, 102 Stat. 444.)

Editorial Notes

Amendments

1988—Pub. L. 100–301 in cl. (i) inserted “(January 1, 1985, in the case of the Addition)” after “1972” and “and the Addition” after “preserve”, and in cl. (ii) inserted “or within the Addition” after “preserve”.

§698l. Review of Big Cypress Preserve area and Addition area by Secretary; report to President

16 U.S.C. § 698l

Within five years from October 11, 1974, with respect to the preserve and five years from April 29, 1988, with respect to the Addition, the Secretary shall review the area within the preserve or the area within the Addition (as the case may be) and shall report to the President, in accordance with section 1132(c) and (d) of this title, his recommendations as to the suitability or nonsuitability of any area within the preserve or the area within the Addition (as the case may be) for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with section 1132(c) and (d) of this title.
Notes, amendments, and revision history

(Pub. L. 93–440, § 7, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 100–301, § 3(c), Apr. 29, 1988, 102 Stat. 444.)

Editorial Notes

Amendments

1988—Pub. L. 100–301 inserted “with respect to the preserve and five years from April 29, 1988, with respect to the Addition” after “October 11, 1974,” and “or the area within the Addition (as the case may be)” after “preserve” in two places.

§698m. Authorization of appropriations for Big Cypress Preserve and Addition

16 U.S.C. § 698m

(a)
Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 698f to 698m–4 of this title, but not to exceed $156,700,000 for the acquisition of lands and interests in lands and not to exceed $900,000 for development. Any funds donated to the United States by the State of Florida pursuant to chapter 73–131 of the Florida statutes shall be used solely for the acquisition of lands and interests in land within the preserve.
(b)
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.
Notes, amendments, and revision history

(Pub. L. 93–440, § 8, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 95–625, title II, § 201(1), Nov. 10, 1978, 92 Stat. 3473; Pub. L. 100–301, § 7, Apr. 29, 1988, 102 Stat. 446.)

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–301, § 7(1), designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b), there” for “There”, and added subsec. (b).

1978—Pub. L. 95–625 increased land acquisition appropriations authorization to $156,700,000 from $116,000,000.

§698m–1. Big Cypress National Preserve Addition

16 U.S.C. § 698m–1

(a)
Establishment— In order to—
(1)
achieve the purposes of section 698f of this title;
(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)
Location; boundaries; publication in Federal Register— The Big Cypress National Preserve Addition (referred to in sections 698f to 698m–4 of this title as the “Addition”) shall comprise approximately 146,000 acres as generally depicted on the map entitled Big Cypress National 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)
Designation; management— The area within the boundaries depicted on the map referred to in subsection (b) shall be known as the “Big Cypress National Preserve Addition” and shall be managed in accordance with section 698i of this title.
(d)
Completion of land acquisition; time— For purposes of administering the Addition and notwithstanding section 698g(c) of this title, it is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated with respect to the Addition in not more than five years after April 29, 1988.
Notes, amendments, and revision history

(Pub. L. 93–440, § 9, as added Pub. L. 100–301, § 3(a), Apr. 29, 1988, 102 Stat. 444.)

§698m–2. Establishment of recreational access points, roads, etc., in conjunction with creation of Big Cypress National Preserve Addition; cooperation among agencies

16 U.S.C. § 698m–2

The Secretary and other involved Federal agencies shall cooperate with the State of Florida to establish recreational access 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).
Notes, amendments, and revision history

(Pub. L. 93–440, § 10, as added Pub. L. 100–301, § 5, Apr. 29, 1988, 102 Stat. 445.)

§698m–3. Status of Big Cypress National Preserve and Addition; report to Congress; plan

16 U.S.C. § 698m–3

Not later than two years after April 29, 1988, 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 recommendations 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 698m–2 of this title;
(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 recommendation 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.
Notes, amendments, and revision history

(Pub. L. 93–440, § 11, as added Pub. L. 100–301, § 6, Apr. 29, 1988, 102 Stat. 446.)

§698m–4. Oil and gas exploration, development, and production in Big Cypress National Preserve and Addition

16 U.S.C. § 698m–4

(a)
Promulgation of rules and regulations— Within nine months from April 29, 1988, the Secretary shall promulgate, subject to the requirements of subsections (b)–(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, across, or through all lands within the boundaries of the Big Cypress 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 privately 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)
Contents of rule or regulation; permit from National Park Service— 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 additional 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 regulations; or
(C)
the National Park Service, within 30 days from the date of submission of such application, notifies the applicant that such application does not contain all information 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 believes that the application contains all reasonably necessary 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 necessary 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 provides notification to the National Park Service that its application is complete.
(c)
Activities to conform to requirements of National Park Service— Such activities shall be permitted to occur if such activities conform to requirements established by the National Park Service under authority of law.
(d)
Consideration of practices used in similar habitats or ecosystems— In establishing standards governing the conduct of exploration or development and production activities within the boundaries 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 ecosystems within the Big Cypress National Preserve or the Addition 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)
Interim agreements with owners of non-Federal oil and gas interests prior to promulgation of rules and regulations— 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: Provided, That such agreement shall be consistent with the requirements 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 construed to enlarge or diminish the authority of the Secretary to establish rules and regulations applicable to the conduct of exploration or development and production activities within the Big Cypress National Preserve or the Addition.
(f)
Minerals Management Office; establishment; duties— 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, consistent with the purposes for which the Big Cypress National Preserve was established, timely consideration of and final action on applications 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)
Authorization of appropriations— There are hereby authorized to be appropriated such sums as may be necessary to carry out the activities set forth in this section.
Notes, amendments, and revision history

(Pub. L. 93–440, § 12, as added Pub. L. 100–301, § 8, Apr. 29, 1988, 102 Stat. 446.)