Pub. L. 104-127, tit. III, subtit. H, sec. 390 (as amended)

EVERGLADES ECOSYSTEM RESTORATION.

Year: 2025Length: 1,214 wordsOfficial source
SEC. 390. EVERGLADES ECOSYSTEM RESTORATION. (a) In General.—On July 1, 1996, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide $200,000,000 to the Secretary of the Interior to carry out this section. (b) Entitlement.—The Secretary of the Interior (referred to in this section as the “Secretary”)— (1) shall be entitled to receive the funds made available under subsection (a); (2) shall accept the funds; and (3) shall use the funds to— (A) conduct restoration activities in the Everglades ecosystem in South Florida, which shall include the acquisition of real property and interests in real property located within the Everglades ecosystem; and (B) fund resource protection and resource maintenance activities in the Everglades ecosystem. (c) Savings Provision.—Nothing in this subsection precludes the Secretary from transferring funds to the Army Corps of Engineers, the State of Florida, or the South Florida Water Management District to carry out subsection (b)(3). (d) Deadline.—The Secretary shall use the funds made available under subsection (a) for restoration activities referred to in subsection (b)(3) not later than December 31, 1999. (e) Report to Congress.—For each of calendar years 1996 through 1999, the Secretary shall submit an annual report to Congress describing all activities carried out under subsection (b)(3). (f) Separate and Additional Everglades Restoration Account.— (1) Establishment.—There is established in the Treasury a special account (to be known as the “Everglades Restoration Account”), which shall consist of such funds as may be deposited in the account under paragraph (2). The account shall be separate, and in addition to, funds deposited in the Treasury under subsection (a). (2) Source of funds for account.— (A) Proceeds from surplus property.— (i) In general.—Subject to subparagraph (B), the Administrator shall deposit in the special account all funds received by the Administrator, on or after the date of enactment of this Act and before the date of enactment of the Water Resources Development Act of 2000, from the disposal pursuant to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) of surplus real property located in the State of Florida. (ii) Availability and disposition of federal land.— (I) Identification.—Any Federal real property located in the State of Florida (excluding lands under the administrative jurisdiction of the Secretary that are set aside for conservation purposes) shall be identified for disposal or exchange under this subsection and shall be presumed available for purposes of this subsection unless the head of the agency controlling the property determines that there is a compelling program need for any property identified by the Secretary. (II) Availability.—Property identified by the Secretary for which there is no demonstrated compelling program need shall, not later than 90 days after a request by the Secretary, be reported to the Administrator and shall be made available to the Administrator who shall consider the property to be surplus property for purposes of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (III) Prioritization of disposition.—The Administrator may prioritize the disposition of property made available under this subparagraph to permit the property to be sold as quickly as practicable in a manner that is consistent with the best interests of the Federal Government. (B) Limit on total amount of deposits.—The total amount of funds deposited in the special account under subparagraph (A) shall not exceed $100,000,000. (C) Effect on closure of military installations.—Nothing in this section alters the disposition of any proceeds arising from the disposal of real property pursuant to a base closure law. (3) Use of special account.—Funds in the special account shall be available to the Secretary until expended under this paragraph. The Secretary shall use funds in the special account to assist in the restoration of the Everglades ecosystem in South Florida through— (A) subject to paragraph (4), the acquisition of real property and interests in real property located within the Everglades ecosystem; and (B) the funding of resource protection and resource maintenance activities in the Everglades ecosystem. (4) State contribution.—The Secretary may not expend any funds from the special account to acquire a parcel of real property, or an interest in a parcel of real property, under paragraph (3)(A) unless the Secretary obtains, or has previously obtained, a contribution from the State of Florida in an amount equal to not less than 50 percent of the appraised value of the parcel or interest to be acquired, as determined by the Secretary. (5) Definitions.—In this subsection: (A) Administrator.—The term “Administrator” means the Administrator of General Services. (B) Base closure law.—The term “base closure law” means each of the following: (i) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). (ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). (iii) Section 2687 of title 10, United States Code. (iv) Any other similar law enacted after the date of enactment of this Act. (C) Everglades ecosystem.—The term “Everglades ecosystem” means the Florida Everglades Restoration area that extends from the Kissimmee River basin to Florida Bay. (D) Excess property.—The term “excess property” has the meaning provided in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (E) Executive agency.—The term “executive agency” has the meaning provided in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (F) Special account.—The term “special account” means the Everglades Restoration Account established under paragraph (1). (G) Surplus property.—The term “surplus property” has the meaning provided in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). (g) Report To Determine the Feasibility of Additional Land Acquisition and Restoration Activities.— (1) In general.—The Secretary shall conduct an investigation to determine what, if any, unreserved and unappropriated Federal lands (or mineral interests in any such lands) under the administrative jurisdiction of the Secretary are suitable for disposal or exchange for the purpose of conducting restoration activities in the Everglades region. (2) Conservation lands.—No lands under the administrative jurisdiction of the Secretary that are set aside for conservation purposes shall be identified for disposal or exchange under this subsection. (3) Florida.—In carrying out this subsection, the Secretary shall, to the maximum extent practicable, determine which lands and mineral interests located within the State of Florida are suitable for disposal or exchange before making the determination for eligible lands or interests in other States. (4) Public access.—In carrying out this subsection, the Secretary shall consider that in disposing of lands, the Secretary shall retain such interest in the lands as may be necessary to ensure that the general public is not precluded from reasonable access to the lands for purposes of fishing, hunting, or other recreational uses. (5) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate describing the results of the investigation conducted under this subsection. The report shall describe the specific parcels identified under this subsection, establish the priorities for disposal or exchange among the parcels, and estimate the values of the parcels.
Public laws referenced
101-510100-526
Pub. L. 104-127, tit. III, subtit. H, sec. 390 (as amended): EVERGLADES ECOSYSTEM RESTORATION. | Justis AI