Askew, Hon. Reubin, Governor of the State of Florida, as presented by Ken Woodburn. Bennett, Hon. Charles E., a Representative in Congress from the 22460 10 35, 157 131 Browder, Joe B., Environmental Policy Center and the Sierra Club. 60, 171 Burke, Hon. J. Herbert, a Representative in Congress from the State of Florida. Butler, Jim, Ft. Myers.. Chappell, Hon. Bill, a Representative in Congress from the State of Clapper, Louis S., on behalf of the National Wildlife Federation.... 135 124 136 178 81 169 132 Fuqua, Hon. Don, a Representative in Congress from the State of of Florida 135 Garrett, Charles, representing Izaak Walton League of Collier County. Haley, Hon. James A., a Representative in Congress from the State of Florida.. Henningsen, R. G., Sportsmen & Property Owners Association. 49 108 Hodges, Randolph, executive director, Florida Department of Natural 132 Kuperberg, Joel, executive director, Florida trustees of the Internal 159 LaRoe, Dr. Edward T., executive director, Collier County Conservancy 54 Lee, Charles, staff representative, Florida Audubon Society, National 70, 167 Marshail, Arthur R., Center for Urban Studies, University of Miami. 161 177 178 Pace, James G., president, Landowners Conservation and Protective 41, 121 Patton, Bradford, Fort Myers Beach, Fla.. 91 69 137 Statement of-Continued Rogers, Hon. Paul, a Representative in Congress from the State of Spratt, J. R., Alico Land Development Co., La Belle, Fla Widdersheim, Jack, chairman, East Collier County Landowners Im- Page 134 77 96 123 119 Woodburn, Kenneth, governmental assistant, Office of the Governor 156 Young, Hon. C. W. Bill, a Representative in Congress from the State 137 Letters: Alderson, George, legislative director, Friends of the Earth, to Hon. 1971__ Lannom, Harold Reed, Jr., Miami Springs, Fla., to Hon. Wayne N. 178 104 105 127 La Roe, Edward T., executive director, Collier County Conservancy, 56 La Roe, Edward T., Ph. D., executive director, Collier County Con- Turner, W. H., county manager, Board of County Commissioners, 55 6 Exhibit B.-Discharge data for the Tamiami Canal from 40-mile Big Cypress National Fresh Water Reserve, Fla., development schedule (table) - Additional information: Big Cypress, Fla., "Alternative 1" (map) Big Cypress National Fresh Water Reserve boundary map Big Cypress watershed, existing development (map) Expenses for that portion of Collier County within the Big Cypress Fauna of Big Cypress, appendix II of environmental impact statement_ - (facing) BIG CYPRESS PRESERVE, FLA. TUESDAY, FEBRUARY 15, 1972 HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, SUBCOMMITTEE ON NATIONAL PARKS AND RECREATION, Fort Myers, Fla. The subcommittee met, pursuant to notice, at 8:55 a.m., in the auditorium, Edison Junior College, Fort Myers, Fla., Hon. Roy A. Taylor (chairman of the subcommittee) presiding. Mr. TAYLOR. The Subcommittee on National Parks and Recreation will come to order. It is a pleasure for the members of the Subcommittee on National Parks and Recreation to have this opportunity to visit southern Florida and to visit the Big Cypress Area. We are anxious to hear the views of the people who live in the vicinity and who are the ones closest to it. The basic purpose of a field hearing is to hear testimony from the people in the local area. This is a preliminary hearing. As the chairman of the full committee stated earlier, we hear a lot about saving the Everglades and during the months ahead we will probably hear a great deal more. So we came to the area to see for ourselves as much as we could see, and to listen to the local people and see what they think should be done. This hearing here was scheduled before the President transmitted his environmental message to Congress dealing with the Everglades and the Big Cypress Area. The hearing was scheduled on short notice but we were not able to announce it until we were sure that we could get a sufficient number of Congressmen who would be able to come. here for it. This was our only opportunity to come here to conduct this hearing this year since we have commitments to go to several other areas. We want to understand the problems, the needs and the potential of this area. We do not expect to reach any final conclusions today. I want to emphasize that before any action is taken by the committee, additional hearings will be held in Washington or in the field. Now, I know that many of you have not had an opportunity to review the President's recommendations concerning the Big Cypress which were announced only a few days ago. It would be difficult for you to address yourselves to those recommendations. At the risk of oversimplifying the plan, I would like to take just a moment to outline the basic provisions of the proposal. In doing so, however, I want you to understand that the subcommittee has not made any decision with regard to its merits. First, the plan provides for the creation of the Big Cypress National Fresh Water Preserve. It is shown on display maps. Altogether I un derstand it would include 584,000 acres of land. Of this amount, probably 547,000 acres are in private ownership. Owners of privately owned residential properties within the boundary of the reserve would be entitled to retain the use and occupancy of such residences for a period of 25 years or during their lifetime, whichever they choose. Naturally, the Government would be required to compensate all property owners for any land that is taken. If the reserve is created as suggested by the President, then the Secretary of the Interior would be authorized to enter into an agreement with the State or local unit of government for the purposes of managing and administering the area. In accordance with this agreement, the use of the lands would be limited so as to assure the flow of fresh water into the park. The use of motorized vehicles, mineral exploitation, and grazing, and agricultural pursuits would be closely regulated. Hunting and trapping would continue subject to reasonable controls. The construction of any new works which would alter the water flow into the Everglades would be severely limited in order to preserve the status quo in the main. Of course, it is difficult to separate this hearing from that proposal which has recently been presented, but it is not essential that any witness address himself specifically to the proposal. Now, in the absence of objection, a copy of the bills that have been introduced, a copy of the executive communication, and the environmental impact statement will be made a part of the record at this point. (The documents referred to follow :) [H.R. 10410, 92 Cong., first sess.] A BILL To authorize the Secretary of the Interior to acquire certain lands within and adjacent to the Big Cypress Watershed in the State of Florida Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to acquire, by purchase, donation, condemnation, or otherwise, such lands and interests in lands within the areas described in subsection (b) of this section as he deems to be in the best interests of the United States. (b) The areas authorized to be acquired by subsection (a) of this section are (1) the area known as "Subdrainage Area 'C" within the Big Cypress Watershed, Florida, and (2) the area known as "The Ten Thousand Islands" adjacent to the Big Cypress Watershed, Florida. (c) Any lands or interests in lands acquired pursuant to this Act shall, upon acquisition, become public lands and be subject to all the laws, rules, and regulations applicable thereto. SEC. 2. There are authorized to be appropriated not to exceed $200,000,000 for the purpose of carrying out the provisions of this Act. [H.R. 13017, 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 twentyfive 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 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 |