GENERAL PLAN

FOR THE

USE OF LANDS FOR WILDLIFE CONSERVATION AND OF

WATER CONSERVATION AREA NO. 1

CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT

WHEREAS, the Central and Southern Florida Flood Control District has acquired control of certain lands for flood control, conservation, and other uses as authorized by Chapter 25209, Laws of Florida, Acts of 1949, and has made such lands available to the United States for the purposes authorized by the Act of June 30, 1948 (62 Stat. 1171, 1172). and

                           WHEREAS, the Central and Southern Florida Flood Control District is agreeable to the use of some of the lands over which they have acquired control as aforesaid and will enter into an agreement with the administering agency for the use of such lands for -wildlife conservation purposes, and

                        WHEREAS, the Corps of Engineers of the United States Army has assumed control of the lands for the purpose of the aforesaid Act of June 30, 1948, and

                         ',ITMI,@.ZAS) the Act of liarch 10,, 1934 (4@P, Stat. 4n-l), as aliended by the Act of August 14, 1946 (6c stat. 1080), directs in Section 3 thereof th@-Lt whenever the waters of any stream or other body of water are impounded, diverted, or othenvise controlled for any purnose whatever, by any department or a-ency of the United States, adequate provision consistent with the @)rimary purlooses of such mprerement2 diversion, or other control shall be made for the use thereol', toget,ier with any areas of land, or interest therein, acquired or administered in connection therewith, for the conservation, r-,a-@-.-i'Llenance@ and management of wildlife resources thereof2 and its habitat thereon@ and

                         ViTM@C,AS, said Section 3 of said Act of August 14, 1946, further -.-)rovides that such .7aters and other interests shal-IL be -,nade available to the Secretary of the Interior if they have Particular national migratory bird naiiaDement )rogram,

 value in carryin;, out and

r,EEP,EiAS, the Secretary of the Interior L@inds that Water Conservation Area No. 1, situate in Palm Beach Cotinty, Florida, does have Particular value in carrying out the national migratory bird management program.

                             IT07,11 TIEREFOR722 IT IS FEREBY AGREED by the SECRETARY OF TIE Al-'3N, the SECREiTA-R'f OF THE Il,,TE.RIOR, and the DIPLEFCTOR OF THE GATE A','-ID FRESH ViK.L"EF, FISH CO?.,2,!ISSION of the State of Florida as a general plan for the use and management of certain lands embraced under the control of the Central and Southern Florida'@Flood Control District, that:

(a)        The aforesaid Water Conservation Area No. 1 shall be under the control of the Department of the Army through the Corps of Engineers to carry out the purposes of the Act of June 30, 1948 (62 Stat. 1171s 1172).

                     (b)        The Secretary of the Interior through the Fish and T ,,Vildlife Service shall have the use of such of the
                                 lands vjithiii 7,later Conservation Area No. 1 as may be agreed upon bettjeen tiie Centrpl and So-Lithern
                                 Florida Flood Control District and the Fish and Wildlife Service for the national migratory bird
                                  management Dro-ram.

                     (c)        The use by the Fish -md Wildlife Service shall be i,jithout interference viith the Drimary administration of
                                 the said area to be exercised by the Corps of Engineers.

 I',J@ 7-JIT',-iiil]SS '@l-@7,E'-'-'E.OF the parties hereto have affixed their signatures and date thereof oil triplicate copies hereof, as follo-@vs:

 Dp'.77

Secretary of the Army

OEC -5 1950

Secretary of ti-ie I--,i'ueri or

D-irector of the G,@,

h '@@7at er

Fish ComrLissior, of the State of Florida

-2-

Board of Director*

Central and Southern Florida

Flood Control District

P. 0. B= V

W*st ftlm Bea,&, Florida 3302 Gtm+,l*men:

We have reviewed a nwgmr of LoxahatAgme National Wildlife Refvfv reports and copies salient points to indicate the history of vLl& life use sine* the beginning of U. S. Fish and Wildlife Bervioets managament of the am-*&. 7ness documents indicate a substantial increase in waterfowl and other bird use over the ywws.  Mr. Crmwls and Mr. Jones' omtention that the uurVS Fractions no monagoomt in ridiculous.  Projects were started in 1951 to incros" food production for literally humdreds of wildlife form. 121@Aso and similar projects have boon of a continvaus nature up to the pL-ssent.  I believe that if there in any remaining question an this point, a review of refuge reports written by managers dating back to the inception of management will quickly dinel any and &U doubts.  W* cooperate with the Florida Contml District Siologiml Division on several projects each year.  An you knows we spent eleven y*aro wom*lng with the FM, Corps of Raginewsp U. S. Geological Survqqrzgd others in developing the infammtion needed to avrive &+. a water schedule for -the refuge that would mtt necessar7 flood and water supply.no"s and vmad best met the widest spectra of wildlife.  Finally the schedule assvmw the oautimw*dau of *e Byerclades habitat.  This proj*ot cost aovwal bmadsoft"of thousands of dollars.

?be" we sme qwstian an to whether we had developer management D3 an&* Atta4b6g La the 1951 plan written and wubal t+AA to the Fn to fulfill requirement of the Cooperative Licen" Agrooomt.  I brought oopiev of our ou=eat MasUm Plan of development to the ?CD Office in the a-=ing of 1971.  An eaditi=&l acm of thin plan is attached.  W* have formulated and revised management plans

US 0055854

idsm the inception of accept&=* of 7gon msibili ties for Itbe rtfup

 ft. :on" 00@ted that oiw lwk of muagmmt oaaftd the 2"=Ia" Kits to the off.  This, of oourxe, is mtrue. @ Me kits declined in nmbws because of habitat loss.  Th=e van T027 littl @use of  the refuse in early yo=n.  Because of inwov" v&t@i protection and the discove%7 and inception of man&gmmt techniques for the production of the Pomaces pa-ludoea, kits use ban increased tremendously on the refugw.,

                                            Sincer*ly yours,

Enclosures 

/2tt -

structures or dwellings on the property., whether such authorization or permission creates any rights in such third persons or not.  ' This provision shall not be construed as requiring a permit from the Service to mine., explore or develop the minerals., including oil and gas, as provided for in Section

70 The Service shall assum and defray all costa, charges, expenses, and other obligations except as otherwise provided for under Section 3., incident to the use of said property for the-purposes provided herein., shall maintain said property in good condition and repair,, making all repairs and replacements necessary caused by deterioration damage,, use,, negligence, or any other cause whatsoever., and shall not remove any improvements except in accordance with Section 12 below,,' or. alter any major improvements without the written oonserrt of the District,

                 S.  The obligations of the Service under this agreement are ' conditioned upon the passage of an appropriation by Congress from which expenditures thereunder may be made and shall not obligate the Service upon the failure of Congress to so appropriate.

                 9, The District agrees to hold and save the Service free from damages due to the right to operate under the terms of this license and agreement.  The Service agrees to hold and save the District free from damages due to operations under the terms of this license and agreement.

                 10.   The Service shall submit, not later than one year after the effective date of this license and agreement., a general plan of operation and development., setting forth the measures to be taken by the Service to effectuate the purposes of this license and agreement, The Service shall also permit at all times, any-duly authorized representative or representatives of the District to enter upon and inspect said property.

                  11. Upon the expiration or termination of this license and agreement, or arq renewal thereof, the Service shall qaistly and peaceably vacate said property and surrender possession thereof,, and the District may immediately, or at an7 time thereafter., re-enter and take possession of the property and remove all persons therefrom.

                 12.  Upon the expiration or termination of this license and agreement., or any renewal thereof., the Service shall have the right to remove only those improvements which have been erected exclusively with funds specifically or generally appropriated by the Congress of the United States.  Provided, however., that no such right for removal shall extend to, or include., any works constructed as a part of the flood control program.

                 13.   The invalidity of any provision oL' this instrument or of any part thereof,, shall not affect the validity of the remaining provisions or the rights and obligations of the parties thereunder*

                                                                                5

3J+.  The failure of the District to Insist upon the strict performance of arq of the terms, covenants., agreemmto and conditions -herein contained shall not constitute a waiver or relinquishment'of the right of the District to enforce thereafter such terms., covenants'$ agreements., or conditions., but the same shall continue in full force and effect.

15.            Arg notice,, consent., 937 other action to be given or done by the District under this license and agreement, or mq renewal thereof shall be valid only if in writing and e@mcuted by the Chairman of the-Board of Governors of the Central and Southern Florida Flood Control District, or his duly authorized representative,, or in the case of a successor to the rights of the Central and Southern Florida Flood Control District., by the chief, administrative officer of such successor., or his duly authorized representative.  AU notices to be given ' by the District under this license and agreemnt, or any renewal thereof., shall be delivered or f orwariled by mail @o the Director., Fish and Wi I dlif e Service., United States Department of the Interior., Washington., D. Co

Any notice., consent.. or other action to be given by the Service under this license and agreement., or any renewal thereof., shall be valid only if in writing and executed or performed by the Secretary of the Interior or his daly authorized representative, or in the case of a successor to the rights of the Department of the Interior, by the chief administrative officer of such successor or his duly authorized representative.  All notices to be given by the Service under this license alhd agreement, or any renewal thereof., shall be delivered or forwarded by mail, addressed to the Central and Southern Florida Flood Control Districtip Wes'v Palm Beach., Florida, or its successor hereunder.

16.            No member of or delegate to Congress or Resident Commissior-er shall be admitted to any share or part of this license and agreement, or any renewal thereof, or to any benefit to arise therefrom.

17, This license and agreement shall become effective when duly executed by all parties indicated below, but possession of the said property sh-All not be granted until January 1., 1951, the beginning of the 50-year primar-y term provided for in paragraph 5 hereof*

18.   It is understood and agreed that in the operation and

management of         the Conservation area lands for the primary purpose of

flood control             and other allied purposes, the lands and waters will be

managed and operated in the mamer most consistent with Section 2 hereof, so f-Ax as it is not inconsistent with the said primary purpose,

COOPERATIVE AND LICME ACBMHM

BLTWM

I                           EIRIGINAT

THE CINTRAL AND SOURHERN FLCRIDL

FLOOD CONTROL-DL@TRIOT

AND

THE UNITED STATES CF - AMMIDA

THIS AGREEMENT,, Made and entered into between the Central and Southern Florida Flood Control District, (hereinafter referred to as the Dis+.rict)., pursuant to Chapters 25209 and 252140 Laws of Florida., Acts of 1949., and the United States Department of the Interior, acting by and through the Fish and Wildlife Service (hereinafter referred to as the Service)., pursuant to the Act of August ll+,

19.46       (6o stat. 1080).

WITNESSETH:

The parties hereto, for themselves and their respective successors and assigns, do hereby matuauy covenant and agree as follows:

1.  The District hereby grants a license upon,, and makes available to the Service for the purposes and s ' ubject to the terms and conditions hereinafter set forth., all those portions of the real property', or interests therein.. acquired or to be acquired by the District in comection with the area designated as Conservation Area Number One, a part of the Central and Southern Florida Flood Control District., in Palm Beach Count7, Florida, together with all improvements which are located thereon (hereinafter referred to as the property).  Those portions of the property already acquired by the District in connection with Conservation Area Number One,, which are to be made-subject to the terms and conditions of this license and agreement., are described in "Exhibit An., and those portions of the property to be acquired by the District in comection with Conservation Area Number One which are to be made subject to the terms and conditions of this license and agreement,.are described in "Exhibit B" ' such exhibits being attached hereto and expressly made a part hereof.  The property described in "Exhibit B"., or any part of such property, shall become subject to all of the terms and conditions of this license and agreement, or any renewal thereof., when any :LntLerest or title thereto has vested in the District., but not, before such time.  The District shall notify the Service in writing when title to any of the property described in "Exhibit B" has vested in the I)istriet.

2.  The Service shall use said property as a Wildlife Management Area., to promote the conservation of wildlif e,, f ish., and game., and for other purposes embodying the principles and objectives Of planned =Atiple land use.

These objectives are to be attained through the fo3.lowing management practices covering the wildlife and recreational phases of land use represented by this area.

(a)      Wi I dl:Lf e:

Adequate provision shall be made to T-1-giinta:Lu @the wildlife resources in a productive condition

through:

(1)     Maintaining as closed areas for breading and feeding grounds so much of the unit as will ensure ym-xj?mm stocks of game., fish and furbearers and thus permit the harvesting of surpluses.

(2)     Maintenance and development of wildlife environments and habitat where such use is not inconsistent with the use of the land for flood control sad water retention purposes.

(3)     Planting of cultivated crops and natural wildlife foods to increase the carrying capacity of the area for wildlife.

(4)     Constrgiction, operation., and maintenance of such canalsj, ditches., and subimpoundments as ma:.f be deemed necessary by the Service for the purpose of creating conditions suitable for wildlife species using the area.  Provided., that such construction, operation and maintenance shall be consistent with the objectives of flood control and other allied purposes in the area.

(5)     Opening by reg-a-l-ation of the Service of portions of the axea to controlled public hunting, fishing and trapping,, whenever the Service dete-mines such procedure to be necessary for the harvesting of surplus stocks of game.. fish

and f i=bearers. open seasons shall be limited to the period necessary only for harvesting the sjxplus stock and shall conform to State law and regulation.

2

(b)        Recreation:

Recreational f acilities existing, or to be developed., sha.U be operated., maintained., and administered according to the f ollowing principles and

objectives:

(i)         The recreational facilities shall be available for the use and benefit of the general public.

(2)        Fees charged for the use of the facilities shall be nondiscriminatory and consistent with.

the public non-pcrofit character of the area.  Such controlled public hunting and fishing as is allowed by the Service shall be made available to the general public without charge.

(3)        AU recreational facilities which may be deve3:oped in the future shall be located where their use will not interfere with the use of the land for flood control and water retention purposes.

(e)         Monies obtained from the sale or granting of permits by the Service for trapping and other economic uses are to be retained by the Service for deposit and distribution under Section 1+01 of the Act of June 15., 1935 (/+9 Stat. 383-16 U.S.C. 7155).

3.   The use of said property by the Service shall be subject to the requirements and uses by the Corps of Engineers end the District for flood control and other allied purposes and the Service shall not be obligated in any manner for costs, charges, expenses, or other obligations as axe properly chargeable to the maintenance and development of the flood control activities.  The use of said property shall be further subject to all valid easements, rights-of-way,, licenses., and outstanding interests in., upon, across, or through said property.

4, The District reserves all rights not vested in private persons., corporations or other public agencies., to the oil., gas., coal and other mineral ores whatsoever, upon, in or under said property.. toaether with the using mineral rights.. powers and privileges., including the right of access to the use of such parts of the surface of the premises as may be necessary for mining and sa7ing said minerals.  The Service.9 however., shall have the right to use stone, marl, sand or peat and similar substances from said property, provided such materials are used for construction purposes upon or in connection with said property* The license herein granted to the Service is subject to the rights of the District and to the rights heretofore vested in private persons., and public agencies, as the same appear of record,, to mine., explore for

3

and develop,, any mineral in,, under or upon said lands, including oil and gas., and including the right of ingress and egress on., upon or across such lands as may be necessary for the purposes stated.

In the event the District determines that the exercise of the said mining rights are necessary and not incmsistent with the purposes referred to in Section 2 above it agrees that the exploration by the District, its successors or assigns., the drilling for. development of,, sad the transportation or removal of mineral resources., including oil,, and the control of abandoned wells or vals taken out of production,, shall be conducted by the most approved meth6ds-* Paramount consideration shall be given.to the prevention both of pollution and contamination by oil or field brine and of other oil field contan@.. ination or damage of the lands for wildlife refuge purposes.  Hmm occupancy and housing facilities therefor and structures erected for drilling., development,, transportation or removal of mineral resources., will be held to a minimm, Amy inevitable waste in proximity to the sources will be so confined as to prevent escape that might otherwise occur as a result of rains or high water,

Suitable provision will be made for the removal of oil field brine from the area@, by pipe line or aa7 other approved motbodt so as not to contaminate the lands or the water in the ponds or lakes now created or that may hereafter be created.

5.  The term of this license and agreement shall be fifty (50) years begi-nniniz on the lst day of Ja=ary, 1951., and ending on the lst day of January, 2001., and shall automatically be renewed for three (3) successive terms of fifteen (15) years unless written notice to the contrary is given by either party to the other-not less than ninety (90) da7s prior to the termination of this instrument., or any renewal thereof,, and each renewal shall be subject to all of the terms and conditions of this license and agreement.

6.  The Service shall not use or permit to be used, and shall take such measures as may be necessary to prevent the use or occupancy of said property,, or any portion thereof , for arq purpose which is inconsistent or incompatible with the purposes set forth in Section 2 above; nor shall the Service., except with the written consent of the District, assign any of its rights or obligations under this license and agreement, or any renewal thereclf, or grant or create any rights in favor of third persons with reference to said property.  This provision shall not be construed to apply to such employees of the Service as are engaged in the administration of said property during the period they are actually so engaged,

The Service shall not,, except with the written consent

of the District., authorize or permit third persons., including employees of the Service engaged in the administration of the area, to erect

1+