Page:United States Statutes at Large Volume 88 Part 1.djvu/1303

 88 STAT. ]

PUBLIC LAW 93-440-OCT. 11, 1974

1259

SEC. 2. (a) In recognition of the efforts of the State of Florida in le use 698g. the preservation of the area, through the enactment of chapter 73-131 of the Florida statutes, "The Big Cypress Conservation Act of 1973", the Secretary is directed to proceed as expeditiously as possible to acquire the lands and interests in lands necessary to achieve the purposes of this Act. (b) Within one year after the date of the enactment of this Act, ^jj;^^^^^;^''^';^;"^-^. the Secretary shall submit, in writing, to the Committee on Interior tai to congresand Insular Affairs and to the Committees on Appropriations of the^'°"^^ committees. United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this preserve, (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. (c) It is the express intent of the Congress that the Secretary should completion substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment. SEC. 3. (a) The owner of an improved property on the date of its ^'^"e^eluon"" acquisition by the Secretary may, as a condition of such acquisition, rights. I'etain for himself and his heirs and assigns a right of use and occu- ^^ ^^^ 6 98h. pancy of the improved property 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, which shall include the exercise of such right in violation of any applicable State or local laws and ordinances, 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: ^^'^'improved prop(i) 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 land on which the dwelling is situated and such additional lands as the Secretary deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and (ii) any other building, construction of which was begun before November 23, 1971, which was constructed and is used in accordance w4th all applicable State and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the Secretary shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, together with any structures accessory to the building which are situated on the lands so designated. In making such designation

�