he may acquire property within the revised boundaries in accordance with the provisions of this section: Provided, That the boundaries of the area may not encompass more than 547,000 acres of privately owned land. Property owned by the State of Florida or any political subdivision thereof may be acquired only by donation. Notwithstanding any other provision of law, Federal property within the boundaries of the area may, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of this Act, without a transfer of funds. SEC. 3. (a) The owner of 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 and occupancy of the improved property for noncommercial residential purposes 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, 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 a detached, onefamily dwelling construction of which was begun before November 23, 1971, which is used for noncommercial residential purposes, together with not to exceed three acres of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land. SEC. 4. The area within the boundaries depicted on the map referred to in section 2, or as such boundaries may be revised, shall be known as the Big Cypress National Fresh Water Reserve, and it shall be administered by the Secretary in accordance with the laws applicable to the National Park System, and in a manner consistent with the findings and purpose of this Act. The Secretary is authorized to enter into an agreement with the State of Florida, or any political subdivision thereof having jurisdiction over the lands, waters, and interests therein within the reserve, pursuant to which such State or political subdivision may agree to manage and administer any property acquired by the Secretary pursuant to this Act for the purpose of protecting the unique natural environment of the Big Cypress area. Any such agreement shall contain provisions which, as applied to the area within the reserve, will limit or control the use of the lands and waters therein for the purposes of motorized access, exploration for and extraction of oil, gas, and other minerals, grazing, draining or constructing works to alter the natural water courses, agriculture, hunting, fishing, and trapping, new construction of any kind, and such other uses as the Secretary determines must be limited or controlled in order to carry out the purposes of this Act: Provided, however, 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 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 reserve 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, or trapping may be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions 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, the Secretary may authorize members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida to continue their usual and customary use and occupany of Federal lands and waters within the reserve, 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, the Secretary shall provide those members of the Miccosukee and Seminole Indian Tribes who on January 1, 1972, were engaged in the provision of similar services, a reasonable opportunity to continue providing such services within the reserve in accordance with such terms and conditions as he may by agreement, hereby authorized, provide. SEC. 7. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not to exceed $156,000,000 for the acquisition of lands and interests therein. PROPOSED BIG CYPRESS NATIONAL FRESH WATER RESERVE, FLA. (Prepared by National Park Service, Department of the Interior) SUMMARY-DRAFT ENVIRONMENTAL STATEMENT, DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE 1. Type of action: Legislative. 2. Brief description of action: Federal Government will acquire requisite legal interest in 585,000 acres in Big Cypress Watershed in Collier, Monroe, and Dade Counties, critical to protection of freshwater resource of Everglades National Park, estuarine regions, and cities of southwest Florida. 3. Summary of environmental impact and adverse environmental effects: Favorable impact on the environment by controlling drainage and maintaining high water quality, quantity, and flow to park estuaries and preserving future water supplies for southwest Florida; Indian cultures can be continued in traditional surroundings. Unfavorable impacts are loss in taxes and development opportunities. 4. Alternatives considered: (a) Take no action to protect Big Cypress (b) Take action; methods considered in addition to proposal : 1. Land use planning and zoning 2. Joint local-Federal control 3. Control by trusteeship 4. Federal land use restrictions 5. Control by public corporation 5. Comments have been requested from following: Department of the Interior: Bureau of Outdoor Recreation; Geological Survey; Bureau of Sport Fisheries and Wildlife; Bureau of Indian Affairs Department of Commerce: Natl Marine Fisheries Service Department of Transportation Department of the Army: Corps of Engineers Department of Agriculture Environmental Protection Agency 6. Date draft statement made available to CEQ: February 5, 1972. [Draft] ENVIRONMENTAL IMPACT STATEMENT: BIG CYPRESS NATIONAL FRESH WATER A. Background RESERVE CHAPTER I: DESCRIPTION OF PROPOSAL In September 1968, the Dade County Port Authority started construction of its giant jetport in Big Cypress Watershed to augment Miami International Airport. Projected increases in airline training flights, coupled with passenger and cargo increases were expected to exceed the airport's capacity within 10 years or so. The public outcry over the jetport's threat to Everglades National Park 6 miles south and the destruction of Big Cypress Watershed itself caused the Secretary of the Interior to establish an interdisciplinary task force within the Department to assess the environmental impact of the jetport on Big Cypress Watershed and the interdependent national park. The report on this study, Environmental Impact of the Big Cypress Swamp Jetport, released in September 1969, clearly established the relationships between the swamp and the park and was the basis for action subsequently taken to relocate the jetport. (Ref. 1.) It also made clear the need to protect Big Cypress and in November 1969, the Secretary directed that a detailed study of Big Cy press Watershed be undertaken to determine its hydrologic boundaries and characteristics and to recommend uses compatible with the park, dependent estuaries and public water supplies. On January 16, 1970, the Secretaries of Interior and Transportation, the Dade County Port Authority and the State of Florida entered into a written agreement ending further construction and requiring a new jetport site be found. The pact also made the Secretary of the Interior's study of compatible land uses of Big Cypress a Federal obligation. Following several intermediate reports (Ref. 3, 4, 5.), a final report identifying alternative approaches for controlling land uses in Big Cypress Watershed was released by the Secretary on May 18, 1971, for public review and comment. (Ref. 6.) On November 21, 1971, the President announced that he had asked the Secretary of the Interior to develop a proposal for submission to Congress for the acquisition of legal interest in 547,000 acres of private lands in Big Cypress Watershed. (Ref. 7.) Additionally, about 38,000 acres of public lands are also within the proposed boundary, bringing the total to 585,000 acres as shown on the maps on the following pages. The proposal is that the Federal Government acquire legal interest in 585,000 acres of critical lands of Big Cypress Watershed. The area is to be known as Big Cypress National Fresh Water Reserve. The acquisition period would cover 10 years. The aim of the proposal is to protect the fresh water resources in Big Cypress Watershed and thereby protect the water quality, quantity and flow regimen to the northwest portion of Everglades National Park, the estuarine regions and the water supplies of the cities and towns of southwest Florida, and in so doing, the dependent biota will also be protected. This will be attained by controlling or limiting any drainage works, dwellings, roads, airports, and other facilities which disrupt, alter, accelerate or retard the natural flow of water. Development for management purposes would be limited and in accordance with a master plan based on ecological compatibility. Alteration of existing facilities will be controlled under regulations prepared by the Secretary of the Interior for the management of the area. Airboats, swamp buggies and wheeled vehicles will be confined to existing roads and to approved routes and trails. Aircraft must land and take off from approved landing strips. Hunting, fishing and trapping will be continued in accordance with the laws of Florida and the United States. Through land acquisition and by application of the regulations, the area will be maintained in the near natural condition, which is described in section II. It is intended that the Secretary of the Interior will enter into an agreement with the State of Florida for the State's management of the reserve. The State of Florida is negotiating the acquisition of private lands in Fakahatchee Strand to protect water supplies and preserve the strand's unique and nationally significant vegetation. The precise boundary is still undefined. Fakahatchee Strand is west of the proposed Big Cypress National Fresh Water Reserve. Together, the two areas will give the greatest degree of protection to the most critical watershed lands within Big Cypress. The reserve will affect the flood control program of the Corps of Engineers, particularly in its Central and Southern Florida Flood Control Project. It will eliminate the need for flood control works within the Monroe County portion of the State of Florida's Central and Southern Florida Flood Control District where works are scheduled on the boundary of Everglades National Park. Collier County is not within the flood control district. Although increased pressure for development would have required major flood control construction, the reserve will eliminate all demands for such construction within its boundaries. The reserve will eliminate demands for highways and local road construction, except for the planned expansion of State Road 84, Alligator Alley. This road is expected to be added to the interstate highway system as part of the southerly extension of I-75. Its design and construction should anticipate the authorization of the reserve, so as to insure the least environmental damage along its route. CHAPTER II: DESCRIPTION OF AREA A. Description of Area Before Proposal 1. Introduction Big Cypress National Fresh Water Reserve will be located within Big Cypress Watershed. As indicated on the map which follows, the watershed may be divided into three subbasins: A, in the east; B, in the west; and C, in the center. The reserve is totally within subbasin C and, together with the northwest portion of Everglades National Park including its estuary, forms a nearly complete hydrologic unit. It will contain about three-eighths of the 2,450 square miles of Big Cypress Watershed. Because the reserve is an integral part of the watershed, it is necessary to consider the entire watershed to evaluate the environmental impact of the proposal. "Big Cypress Watershed" and "Big Cypress Swamp" are terms used interchangeably in reports, news articles and other discussions concerning this area. The term "reserve" applies only to the smaller area within Big Cypress proposed for federal status as shown on page 5. Water is the principal resource governing the Big Cypress ecosystem. Abundant but seasonal rainfall and slow natural drainage allow water to collect and remain ponded over as much as 90 percent of the area for as long as four months each year. During alternate dry seasons, water in ponds and sloughs covers only about 10 percent of the land. Water for municipal use and irrigation is supplied 85-668-72-2 |