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 occupancy 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. [H.R. 13115, 92d Cong., second sess.] A BILL To authorize the acquisition of the Big Cypress National Fresh Water Reserve 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, That the Congress finds (a) the unique natural environment of the Big Cypress area of southwestern Florida should be protected from further development which would significantly and adversely affect its ecology; (b) the Big Cypress is a fragile area, ecologically interlocked with Everglades National Park and the continued viability of Everglades National Park and certain of the estuarine fisheries of south Florida are directly dependent upon fresh water of adequate quality and volume from the Big Cypress area; and (c) appropriate measures must be taken by the United States and the State of Florida to assure the conservation of fresh water from the Big Cypress area. It is, accordingly, the purpose of this Act to provide for the protection of the Big Cypress area and for appropriate uses thereof through cooperative action by the Federal Government and the State of Florida. SEC. 2. In order to effectuate the purpose of this Act the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, lands, waters, and interests therein within the area generally depicted on the map entitled "Boundary Map, Big Cypress National Fresh Water Reserve, Florida”, numbered BC-91,001, and dated November 1971, which shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. The Secretary may from time to time make minor revisions in the boundaries of the area by publication of a revised map or other boundary description in the Federal Register. and 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 five hundred and forty-seven thousand 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, one-family 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 purposes 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, and 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 occupancy of Federal lands and waters within the reserve, including hunting, fishing, and trapping on a susbistence 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 appropriate 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. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., February 4, 1972. Hon. CARL ALBERT, Speaker of the House of Representatives, DEAR MR. SPEAKER: Enclosed is a draft of a bill "To authorize the acquisition of the Big Cypress National Fresh Water Reserve in the State of Florida, and for other purposes.” We recommend that the bill be referred to the appropriate committee for consideration, and we recommend that it be enacted. Evidencing a deep concern and understanding of the conservation problems involved in protecting the Big Cypress area of south Florida, President Nixon on November 23, 1971 stated: "About 35 miles west of Miami lies the Big Cypress Swamp, a unique ecological preserve of paramount importance to the future of Southern Florida. In order to protect Big Cypress Swamp from private development that would destroy it, and to insure its survival for future generations, it is now essential for the Federal Government to acquire this unique and vital watershed. I will therefore propose legislation to acquire the requisite legal interest in 547,000 acres of the swamp." The enclosed draft bill would authorize the implementation of plans announced by President Nixon on November 23, 1971. The bill authorizes the Secretary of the Interior to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, lands, waters, and interests therein within an area depicted on a map on file with the National Park Service of this Department. The area to be acquired, consisting of not to exceed 547,000 acres of private land and approximately 37.000 acres of publicly owned land, shall be known as the Big Cypress National Fresh Water Reserve. The reserve shall be administered by the Secretary of the Interior in accordance with the laws applicable to the National Park System. However, the bill authorizes the Secretary to enter into an agreement with the State of Florida or an appropriate political subdivision thereof, pursuant to which the State or local political subdivision may manage and administer the lands acquired for the reserve for the purpose of protecting the unique natural environment of the Big Cypress area. Any such agreement shall contain provisions to limit or control such uses as 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, and new construction of any kind. The bill directs the Secretary to permit huntinig. fishing, and trapping within the reserve in accordance with applicable State and Federal laws. Section 7 of the bill authorizes the appropriation of such sums as may be necessary, but not to exceed $156 million for the acquisition of lands and interests therein. We anticipate the use of proceeds from the Land and Water Conservation Fund to acquire such private property over a 10-year period, with an expenditure of $15.6 million in each of the first 5 years following enactment, and the balance of $78.0 million to be spent during the next 5 years. Everglades National Park, authorized in 1934, represents one of the most unique ecosystems in the world. The biological values of the park, which include habitat for the continued existence of several endangered species, depend on fresh water supplies. In 1971, an estimated 1,420,000 people will visit Everglades National Park. In the past, the eastern half of the park was threatened due to development along the Shark River drainage, and by development and draining of the Northern wetlands which lie east and south of Lake Okeechobee. This threat has been offset by guarantees of water flow by the Corps of Engineers and the State of Florida. There is now a working arrangement with the Corps and the State which furnishes an optimum water supply to the eastern side of the park. All of the remainder of the park, considerably more than half of the 1,400,533 acres within the authorized boundaries, is dependent upon the Big Cypress for its supply of fresh water. To describe the resources of the Big Cypress and its basis in the South Florida ecosystem, is to answer the question of why it should be protected. Aside from its manifold benefits as one of the vital underpinnings of the ecosystems which provide critically important esthetic and economic benefits for much of the southern Florida Gulf Coast, Big Cypress is a highly significant resource in itself. The larger ecosystem of which it is a part is the Nation's only significant subtropical marsh community complex. The Big Cypress is an intricate mosaic of marsh and lowland forest types-a wilderness of sloughs, tree islands (or hammocks), and bay and cypress heads. Cypress dominates, and gives the area its name. A vital factor in the Big Cypress-Everglades ecosystem is the almost imperceptible slope of the land. This results in exceedingly slow drainage, which extends the "wet months" well beyond the period of actual rainfall. The unrelieved flatness of the area's topography makes sheet flow the predominant drainage rather than flow in well-defined channels or courses. Thus, a water level change of only a few inches ofttimes affects thousands of acres. Much of those areas still experiencing natural drainage stands under water for as long as 4 months after rainfall ceases in a year of normal rainfall. During the normal dry season, about one-tenth of the land remains inundated. The Big Cypress Watershed serves as a natural water storage area, and supplements the man-made storage areas in conservation areas one, two, and three, that are considered vital for the protection of an adequate fresh water supply for south Florida. Nowhere outside the tropics are epiphytes, or "air-plants," which include orchids, some ferns, and fromeliads, found in such abundance and variety as they are in Big Cypress. Seven species of orchids found nowhere else in the world grow in the Big Cypress, and because of depredation by orchid hunters can be classed as endangered flora. Large portions of Big Cypress have so far experienced little man-made disturbance. The scars left by the early loggers have nearly healed. Nearly all the wildlife species native to semitropical Florida are contained within the watershed. Animal life is diverse and abundant. Large, showy, long-legged wading birds are a major natural attraction. Big Cypress provides important feeding, nesting and wintering areas, as well as a resting place for birds migrating to and from Central and South America. Acquisition of the Big Cypress Swamp would preserve important habitat for at least nine species of wildlife determined by the Secretary of the Interior to be threatened with extinction. Ultimate loss or mismanagement of the area would be most damaging to the endangered Cape Sable sparrow and the peripheral roseate spoonbill, reddish egret, and mangrove cuckoo, To another group of species that have far wider ranges, Big Cypress, along with the adjacent Everglades National Park, serves as a stronghold or retreat. This group includes the endangered American alligator, Florida panther, Florida Everglade kite, and Southern bald eagle, and the rare great white heron. The Big Cypress provides excellent hunting for deer, turkey, quail, and wild hog. As stated earlier, Everglades National Park is utterly dependent upon a plentiful supply of high quality water flowing through the region in an overland sheet pattern for up to 8 or 9 months of the year. A major portion of its water supply comes from rainfall over the park itself. The remainder historically comes from Lake Okeechobee drainage system and from Big Cypress Watershed, the latter accounting for about 56 percent of all outside water entering the park. Because of the extremely slight elevation differences in the park's terrain, the effects of dessication and inundation resulting from seasonal changes in water levels are extraordinarily widespread. Only the alligator holes and ponds retain water throughout the natural annual cycle. The summer wet period normally inundates extensive areas, allowing expansion of the aquatic populations-phytoplankton, crustaceans and fishes. Subsequently, water levels must sink to concentrate the summer production of food organisms sufficiently to supply the nourishment essential to larger fishes, amphibians, reptiles, mammals, and many species of birds. This seasonal wet-dry cycle must coincide with the natural reproductive cycles of the many varieties of predatory animals that feed upon the small aquatic organisms supported by the water. If any of the links in this process are broken, the reproduction of the larger animals at the top of the food chain will fail. Either excessively high or low water can cause reproductive failure. So can too short a delivery period. The coastal zone within the influence of the Big Cypress Watershed contains about one-third of the total mangrove-estuarine complex of Everglades National Park. Levels of productivity and diversity of species as high as any to be found within the United States characterize the coastal zone. In addition to its very large bird population, the area produces or maintains hundreds of species of aquatic organisms. The mangrove forest is considered among the finest in the world. Following acquisition of the land the bill contemplates that the Secretary of the Interior will enter into an agreement with the State of Florida for the management of the area. Existing uses where compatible with the management objectives will be allowed to continue. Management would be directed toward maintaining the pattern, quantity and quality of waterflow. Hunting and fishing are present. acceptable uses but limitations will have to be placed on travel through the swamp by air boats, swamp buggies, and other "all terrain vehicles” to insure against rutting, and other impairment of the area. Increased use should result from campers, bird watchers, naturalists, and picnickers. Many will seek escape into near-tractless wilderness-type areas over hiking nature trails. Some portions would be managed as scientific ecological study areas. Acquisition of the Big Cypress will be expensive-a monumental commitment in terms of funds for environmental protection-but at no time in the future will it be less so. As President Nixon stated on November 23, 1971 "The Nation, as a whole, will benefit through the protection of Everglades National Park and through the addition of another major wildlife haven and recreational area." We therefore urge the Congress to take early and favorable action to authorize the Big Cypress National Fresh Water Reserve, as proposed herein. Enclosed is a draft of an environmental impact statement, prepared in accordance with section 102(2) (C) of the National Environmental Policy Act of 1969. The Office of Management and Budget has advised that the enactment of the enclosed bill would be in accord with the Administration's program. Sincerely yours, ROGERS C. B. MORTON, A BILL To authorize the acquisition of the Big Cypress National Fresh Water Reserve 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, That the Congress finds (a) the unique natural environment of the Big Cypress area of southwestern Florida should be protected from further development which would significantly and adversely affect its ecology; (b) the Big Cypress is a fragile area, ecologically interlocked with Everglades National Park and the continued viability of Everglades National Park and certain of the estuarine fisheries of south Florida are directly dependent upon fresh water of adequate quality and volume from the Big Cypress area; and (c) appropriate measures must be taken by the United States and the State of Florida to assure the conservation of fresh water from the Big Cypress area. It is, accordingly, the purpose of this Act to provide for the protection of the Big Cypress area and for appropriate uses thereof through cooperative action by the Federal Government and the State of Florida. SEC. 2. In order to effectuate the purpose of this Act the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, lands, waters, and interests therein within the area generally depicted on the map entitled "Boundary Map, Big Cypress National Fresh Water Reserve, Florida", numbered BC-91,001, and dated November 1971, which shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. The Secretary may from time to time make minor revisions in the boundaries of the area by publication of a revised map or other boundary description in the Federal Register, and |