U.S. Code
»
Title 16
» Chapter CHAPTER 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIV— EVERGLADES NATIONAL PARK
When title to all the lands within boundaries to be determined by the Secretary of the Interior within the area of approximately two thousand square miles in the region of the Everglades of Dade, Monroe, and Collier Counties, in the State of Florida, recommended by said Secretary, in his report to Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443), shall have been vested in the United States, said lands shall be, and are, established, dedicated, and set apart as a public park for the benefit and enjoyment of the people and shall be known as the Everglades National Park: Provided, That the United States shall not purchase by appropriation of public moneys any land within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.
Notes of Decisions
Cited in
15
cases, 1947–2016 · leading case:
Buono v. Kempthorne, 527 F.3d 758 (9th Cir. 2008).
Buono v. Kempthorne, 527 F.3d 758 (9th Cir. 2008).
· cites it 4× “" 16 U.S.C. § 410 aaa -41, 410 aaa -42; id.”
Organized Fishermen of Florida v. Watt, 590 F. Supp. 805 (S.D. Fla. 1984).
· cites it 3× “16 U.S.C. § 410 . 2. The 1934 Act provided for the administration of the Park in accordance with generic National Park Service (“NPS”) authorities, Sections 1 and 2-4 of Title 16, subject to protection of the existing rights of the Seminole Indians.”
Yaist v. United States, 228 Ct. Cl. 281 (Ct. Cl. 1981).
“885 (1970) (amending the original act; codified at 16 U.S.C. §§ 410 -410r-4 (1976)). Olson first executed an Agreement for Deed to Yaist, dated May 10, 1968, for 35 acres (tracts 42, 44 and 46), and later executed another, dated July 18, 1968, for 15 acres (tract 35).”
Yaist v. United States, 17 Cl. Ct. 246 (Ct. Cl. 1989).
“885 (1970) (amending 16 U.S.C. § 410 (1982)). 5 In 1970 the United States Department of Interior, National Park Service (NPS), began negotiations with Olson Realty for the purchase of property within the borders of the park.”
Drakes Bay Land Co., a Corp. v. The United States, 424 F.2d 574 (Ct. Cl. 1970).
“It is interesting to note that during hearings on the instant legislation the Director of the National Park Service referred to the Everglades legislation as a precedent for the exclusion, as proposed, of ranch and dairy property so long as it was so used. Hearings on H.R. 2775…”
Halpert v. Udall, 231 F. Supp. 574 (S.D. Fla. 1964).
· cites it 2× “" 16 U.S.C.A. §§ 410 , 410a. The park was established and was dedicated by President Truman in 1947.”
Organized Fisherman of Florida v. Andrus, 488 F. Supp. 1351 (S.D. Fla. 1980).
“” 16 U.S.C. § 410 (c). To enjoin preliminarily the enforcement of the instant regulations, thereby permitting the continued unrestricted exploitation of the Park’s fishery resources, would undermine the aforestated congressional expression of the public interest which Defendants…”
Alaska Limestone Corp. v. Hodel, 614 F. Supp. 642 (D. Alaska 1985).
“See 16 U.S.C. § 410 (hh)(l) (1980). 2 . Alaska Limestone apparently did not formally apply for the requisite road construction permits until March 10, 1978, long after the cement company allowed its option to buy Alaska Limestone's claims to lapse.”
Organized Fishermen of Florida v. Hodel, 775 F.2d 1544 (11th Cir. 1985).
“That statute mandated that the proposed park be administered as a wilderness, and that the unique flora and fauna and essential primitive natural conditions then prevailing in the area be preserved intact. 16 U.S.C. § 410c (1982).”
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