[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1476 Reported in House (RH)]





                                                 Union Calendar No. 158

105th CONGRESS

  1st Session

                               H. R. 1476

                          [Report No. 105-278]

_______________________________________________________________________

                                 A BILL

  To settle certain Miccosukee Indian land takings claims within the 
                           State of Florida.

_______________________________________________________________________

                           September 29, 1997

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 158
105th CONGRESS
  1st Session
                                H. R. 1476

                          [Report No. 105-278]

  To settle certain Miccosukee Indian land takings claims within the 
                           State of Florida.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 1997

 Mr. Diaz-Balart introduced the following bill; which was referred to 
                       the Committee on Resources

                           September 29, 1997

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  To settle certain Miccosukee Indian land takings claims within the 
                           State of Florida.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Miccosukee Settlement Act of 1997''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds and declares that--
            (1) there is pending before the United States District 
        Court for the Southern District of Florida a lawsuit by the 
        Miccosukee Tribe which involves the taking of certain tribal 
        lands in connection with the construction of highway interstate 
        75 by the Florida Department of Transportation;
            (2) the pendency of this lawsuit clouds title of certain 
        lands used in the maintenance and operation of the highway and 
        hinders proper planning for future maintenance and operations;
            (3) the Florida Department of Transportation, with the 
        concurrence of the board of trustees of the Internal 
        Improvements Trust Fund of the State of Florida, and the 
        Miccosukee Tribe have executed an agreement for the purpose of 
        resolving the dispute and settling the lawsuit, which agreement 
        requires consent of the Congress in connection with 
        contemplated land transfers;
            (4) the settlement agreement is in the interests of the 
        Miccosukee Tribe in that the tribe will receive certain 
        monetary payments, new reservation land to be held in trust by 
        the United States, and other benefits;
            (5) land received by the United States pursuant to the 
        settlement agreement is in consideration of Miccosukee Indian 
        Reservation land lost by the Miccosukee Tribe by virtue of 
        transfer to the Florida Department of Transportation under the 
        settlement agreement, and such United States land therefore 
        shall be held in trust by the United States for the use and 
        benefit of the Miccosukee Tribe as Miccosukee Indian 
        Reservation land in compensation for the consideration given by 
        the tribe in the settlement agreement; and
            (6) Congress shares with the parties to the settlement 
        agreement a desire to resolve the dispute and settle the 
        lawsuit.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the terms ``Miccosukee Tribe'' and ``tribe'' mean the 
        Miccosukee Tribe of Indians of Florida, a tribe of American 
        Indians recognized by the United States and organized under 
        section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 
        476), and recognized by the State of Florida pursuant to 
        chapter 285, Florida Statutes;
            (2) the term ``Miccosukee land'' means land held in trust 
        by the United States for the use and benefit of the Miccosukee 
Tribe as Miccosukee Indian Reservation land which is identified 
pursuant to the settlement agreement for transfer to the Florida 
Department of Transportation;
            (3) the term ``Florida Department of Transportation'' means 
        the executive branch department and agency of the State of 
        Florida responsible for, among other matters, the construction 
        and maintenance of surface vehicle roads, existing pursuant to 
        section 20.23, Florida Statutes, with authority to execute the 
        settlement agreement pursuant to section 334.044, Florida 
        Statutes;
            (4) the term ``board of trustees of the Internal 
        Improvements Trust Fund'' means the agency of the State of 
        Florida holding legal title to and responsible for trust 
        administration of certain lands of the State of Florida, 
        consisting of the Florida Governor, Attorney General, 
        Commissioner of Agriculture, Commissioner of Education, 
        Controller, Secretary of State, and Treasurer sitting as 
        trustees;
            (5) the term ``State of Florida'' means all agencies or 
        departments of the State of Florida, including the Florida 
        Department of Transportation and the board of trustees of the 
        Internal Improvements Trust Fund, as well as the State itself 
        as a governmental entity;
            (6) the term ``Secretary'' means the United States 
        Secretary of the Interior;
            (7) the term ``land transfers'' means those lands 
        identified in the settlement agreement for transfer from the 
        United States to the Florida Department of Transportation and 
        those lands identified in the settlement agreement for transfer 
        from the State of Florida to the United States;
            (8) the term ``lawsuit'' means the action in the United 
        States District Court for the Southern District of Florida, 
        entitled Miccosukee Tribe of Indians of Florida v. State of 
        Florida and Florida Department of Transportation, et al., 
        docket number 91-6285-Civ-Paine; and
            (9) the terms ``settlement agreement'' and ``agreement'' 
        mean those documents entitled ``settlement agreement'' (with 
        incorporated exhibits), which identifies the lawsuit in the 
        first paragraph, which was signed on page 15 therein on August 
        28, 1996, by Ben G. Watts (Secretary of the Florida Department 
        of Transportation) and Billy Cypress (Chairman of the 
        Miccosukee Tribe), and thereafter concurred in by the board of 
        trustees of the Internal Improvements Trust Fund of the State 
        of Florida.

SEC. 4. AUTHORITY OF SECRETARY.

    As trustee for the Miccosukee Tribe, the Secretary shall:
            (1) Aid and assist in the fulfillment of the settlement 
        agreement at all times and in all reasonable manner, and 
        cooperate with and assist the Miccosukee Tribe for this 
        purpose.
            (2) Upon finding that the settlement agreement is legally 
        sufficient and that the State of Florida and its agencies have 
        the necessary authority to fulfill the agreement, sign the 
        settlement agreement on behalf of the United States, and have a 
        representative of the Bureau of Indian Affairs sign the 
        settlement agreement as well.
            (3) Upon finding that all necessary conditions precedent to 
        the transfer of Miccosukee land to the Florida Department of 
        Transportation as provided in the settlement agreement have 
        been or will be met so that the agreement has been or will be 
        fulfilled but for the execution of this land transfer and 
        related land transfers, transfer ownership of the Miccosukee 
        land to the Florida Department of Transportation as provided in 
        the settlement agreement, including in such transfer solely and 
        exclusively that Miccosukee land identified in the settlement 
        agreement for such transfer and no other land.
            (4) Upon finding that all necessary conditions precedent to 
        the transfer of Florida land to the United States have been or 
        will be met so that the agreement has been or will be fulfilled 
        but for the execution of this land transfer and related land 
        transfers, receive and accept in trust for the use and benefit 
        of the Miccosukee Tribe ownership of all land identified in the 
        settlement agreement for transfer to the United States, 
        constituting thereby Indian Reservation lands of the Miccosukee 
        Tribe.