[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3055 Enrolled Bill (ENR)]

        H.R.3055

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
    To deem the activities of the Miccosukee Tribe on the Miccosukee 
   Reserved Area to be consistent with the purposes of the Everglades 
                 National Park, and for other purposes.

    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 Reserved Area Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
        (1) Since 1964, the Miccosukee Tribe of Indians of Florida have 
    lived and governed their own affairs on a strip of land on the 
    northern edge of the Everglades National Park pursuant to permits 
    from the National Park Service and other legal authority. The 
    current permit expires in 2014.
        (2) Since the commencement of the Tribe's permitted use and 
    occupancy of the Special Use Permit Area, the Tribe's membership 
    has grown, as have the needs and desires of the Tribe and its 
    members for modern housing, governmental and administrative 
    facilities, schools and cultural amenities, and related structures.
        (3) The United States, the State of Florida, the Miccosukee 
    Tribe, and the Seminole Tribe of Florida are participating in a 
    major intergovernmental effort to restore the South Florida 
    ecosystem, including the restoration of the environment of the 
    Park.
        (4) The Special Use Permit Area is located within the northern 
    boundary of the Park, which is critical to the protection and 
    restoration of the Everglades, as well as to the cultural values of 
    the Miccosukee Tribe.
        (5) The interests of both the Miccosukee Tribe and the United 
    States would be enhanced by a further delineation of the rights and 
    obligations of each with respect to the Special Use Permit Area and 
    to the Park as a whole.
        (6) The amount and location of land allocated to the Tribe 
    fulfills the purposes of the Park.
        (7) The use of the Miccosukee Reserved Area by the Miccosukee 
    Tribe does not constitute an abandonment of the Park.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
        (1) To replace the special use permit with a legal framework 
    under which the Tribe can live permanently and govern the Tribe's 
    own affairs in a modern community within the Park.
        (2) To protect the Park outside the boundaries of the 
    Miccosukee Reserved Area from adverse effects of structures or 
    activities within that area, and to support restoration of the 
    South Florida ecosystem, including restoring the environment of the 
    Park.

SEC. 4. DEFINITIONS.

    In this Act:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Everglades.--The term ``Everglades'' means the areas within 
    the Florida Water Conservation Areas, Everglades National Park, and 
    Big Cypress National Preserve.
        (3) Federal agency.--The term ``Federal agency'' means an 
    agency, as that term is defined in section 551(1) of title 5, 
    United States Code.
        (4) Miccosukee reserved area; mra.--
            (A) In general.--The term ``Miccosukee Reserved Area'' or 
        ``MRA'' means, notwithstanding any other provision of law and 
        subject to the limitations specified in section 6(d) of this 
        Act, the portion of the Everglades National Park described in 
        subparagraph (B) that is depicted on the map entitled 
        ``Miccosukee Reserved Area'' numbered NPS-160/41,038, and dated 
        September 30, 1998, copies of which shall be kept available for 
        public inspection in the offices of the National Park Service, 
        Department of the Interior, and shall be filed with appropriate 
        officers of Miami-Dade County and the Miccosukee Tribe of 
        Indians of Florida.
            (B) Description.--The description of the lands referred to 
        in subparagraph (A) is as follows: ``Beginning at the western 
        boundary of Everglades National Park at the west line of sec. 
        20, T. 54 S., R. 35 E., thence E. following the Northern 
        boundary of said Park in T. 54 S., Rs. 35 and 36 E., to a point 
        in sec. 19, T. 54 S., R. 36 E., 500 feet west of the existing 
        road known as Seven Mile Road, thence 500 feet south from said 
        point, thence west paralleling the Park boundary for 3,200 
        feet, thence south for 600 feet, thence west, paralleling the 
        Park boundary to the west line of sec. 20, T. 54 S., R. 35 E., 
        thence N. 1,100 feet to the point of beginning.''.
        (5) Park.--The term ``Park'' means the Everglades National 
    Park, including any additions to that Park.
        (6) Permit.--The term ``permit'', unless otherwise specified, 
    means any federally issued permit, license, certificate of public 
    convenience and necessity, or other permission of any kind.
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior or the designee of the Secretary.
        (8) South florida ecosystem.--The term ``South Florida 
    ecosystem'' has the meaning given that term in section 528(a)(4) of 
    the Water Resources Development Act of 1996 (Public Law 104-303).
        (9) Special use permit area.--The term ``special use permit 
    area'' means the area of 333.3 acres on the northern boundary of 
    the Park reserved for the use, occupancy, and governance of the 
    Tribe under a special use permit before the date of the enactment 
    of this Act.
        (10) Tribe.--The term ``Tribe'', unless otherwise specified, 
    means 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.
        (11) Tribal.--The term ``tribal'' means of or pertaining to the 
    Miccosukee Tribe of Indians of Florida.
        (12) Tribal chairman.--The term ``tribal chairman'' means the 
    duly elected chairman of the Miccosukee Tribe of Indians of 
    Florida, or the designee of that chairman.

SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE MICCOSUKEE RESERVED AREA.

    (a) Special Use Permit Terminated.--
        (1) Termination.--The special use permit dated February 1, 
    1973, issued by the Secretary to the Tribe, and any amendments to 
    that permit, are terminated.
        (2) Expansion of special use permit area.--The geographical 
    area contained in the former special use permit area referred to in 
    paragraph (1) shall be expanded pursuant to this Act and known as 
    the Miccosukee Reserved Area.
        (3) Governance of affairs in miccosukee reserved area.--Subject 
    to the provisions of this Act and other applicable Federal law, the 
    Tribe shall govern its own affairs and otherwise make laws and 
    apply those laws in the MRA as though the MRA were a Federal Indian 
    reservation.
    (b) Perpetual Use and Occupancy.--The Tribe shall have the 
exclusive right to use and develop the MRA in perpetuity in a manner 
consistent with this Act for purposes of the administration, education, 
housing, and cultural activities of the Tribe, including commercial 
services necessary to support those purposes.
    (c) Indian Country Status.--The MRA shall be--
        (1) considered to be Indian country (as that term is defined in 
    section 1151 of title 18, United States Code); and
        (2) treated as a federally recognized Indian reservation solely 
    for purposes of--
            (A) determining the authority of the Tribe to govern its 
        own affairs and otherwise make laws and apply those laws within 
        the MRA; and
            (B) the eligibility of the Tribe and its members for any 
        Federal health, education, employment, economic assistance, 
        revenue sharing, or social welfare programs, or any other 
        similar Federal program for which Indians are eligible because 
        of their--
                (i) status as Indians; and
                (ii) residence on or near an Indian reservation.
    (d) Exclusive Federal Jurisdiction Preserved.--The exclusive 
Federal legislative jurisdiction as applied to the MRA as in effect on 
the date of the enactment of this Act shall be preserved. The Act of 
August 15, 1953, 67 Stat. 588, chapter 505 and the amendments made by 
that Act, including section 1162 of title 18, United States Code, as 
added by that Act and section 1360 of title 28, United States Code, as 
added by that Act, shall not apply with respect to the MRA.
    (e) Other Rights Preserved.--Nothing in this Act shall affect any 
rights of the Tribe under Federal law, including the right to use other 
lands or waters within the Park for other purposes, including, fishing, 
boating, hiking, camping, cultural activities, or religious 
observances.

SEC. 6. PROTECTION OF EVERGLADES NATIONAL PARK.

    (a) Environmental Protection and Access Requirements.--
        (1) In general.--The MRA shall remain within the boundaries of 
    the Park and be a part of the Park in a manner consistent with this 
    Act.
        (2) Compliance with applicable laws.--The Tribe shall be 
    responsible for compliance with all applicable laws, except as 
    otherwise provided by this Act.
        (3) Prevention of degradation; abatement.--
            (A) Prevention of degradation.--Pursuant to the 
        requirements of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), the Tribe shall prevent and abate 
        degradation of the quality of surface or groundwater that is 
        released into other parts of the Park, as follows:
                (i) With respect to water entering the MRA which fails 
            to meet applicable water quality standards approved by the 
            Administrator under the Federal Water Pollution Control Act 
            (33 U.S.C. 1251 et seq.), actions of the Tribe shall not 
            further degrade water quality.
                (ii) With respect to water entering the MRA which meets 
            applicable water quality standards approved by the 
            Administrator under the Federal Water Pollution Control Act 
            (33 U.S.C. 1251 et seq.), the Tribe shall not cause the 
            water to fail to comply with applicable water quality 
            standards.
            (B) Prevention and abatement.--The Tribe shall prevent and 
        abate disruption of the restoration or preservation of the 
        quantity, timing, or distribution of surface or groundwater 
        that would enter the MRA and flow, directly or indirectly, into 
        other parts of the Park, but only to the extent that such 
        disruption is caused by conditions, activities, or structures 
        within the MRA.
            (C) Prevention of significant propagation of exotic plants 
        and animals.--The Tribe shall prevent significant propagation 
        of exotic plants or animals outside the MRA that may otherwise 
        be caused by conditions, activities, or structures within the 
        MRA.
            (D) Public access to certain areas of the park.--The Tribe 
        shall not impede public access to those areas of the Park 
        outside the boundaries of the MRA, and to and from the Big 
        Cypress National Preserve, except that the Tribe shall not be 
        required to allow individuals who are not members of the Tribe 
        access to the MRA other than Federal employees, agents, 
        officers, and officials (as provided in this Act).
            (E) Prevention of significant cumulative adverse 
        environmental impacts.--
                (i) In general.--The Tribe shall prevent and abate any 
            significant cumulative adverse environmental impact on the 
            Park outside the MRA resulting from development or other 
            activities within the MRA.
                (ii) Procedures.--Not later than 12 months after the 
            date of the enactment of this Act, the Tribe shall develop, 
            publish, and implement procedures that shall ensure 
            adequate public notice and opportunity to comment on major 
            tribal actions within the MRA that may contribute to a 
            significant cumulative adverse impact on the Everglades 
            ecosystem.
                (iii) Written notice.--The procedures in clause (ii) 
            shall include timely written notice to the Secretary and 
            consideration of the Secretary's comments.
            (F) Water quality standards.--
                (i) In general.--Not later than 12 months after the 
            date of the enactment of this Act, the Tribe shall adopt 
            and comply with water quality standards within the MRA that 
            are at least as protective as the water quality standards 
            for the area encompassed by Everglades National Park 
            approved by the Administrator under the Federal Water 
            Pollution Control Act (33 U.S.C. 1251 et seq.).
                (ii) Tribal water quality standards.--The Tribe may not 
            adopt water quality standards for the MRA under clause (i) 
            that are more restrictive than the water quality standards 
            adopted by the Tribe for contiguous reservation lands that 
            are not within the Park.
                (iii) Effect of failure to adopt or prescribe 
            standards.--In the event the Tribe fails to adopt water 
            quality standards referred to in clause (i), the water 
            quality standards applicable to the Everglades National 
            Park, approved by the Administrator under the Federal Water 
            Pollution Control Act (33 U.S.C. 1251 et seq.), shall be 
            deemed to apply by operation of Federal law to the MRA 
            until such time as the Tribe adopts water quality standards 
            that meet the requirements of this subparagraph.
                (iv) Modification of standards.--If, after the date of 
            the enactment of this Act, the standards referred to in 
            clause (iii) are revised, not later than 1 year after those 
            standards are revised, the Tribe shall make such revisions 
            to water quality standards of the Tribe as are necessary to 
            ensure that those water quality standards are at least as 
            protective as the revised water quality standards approved 
            by the Administrator.
                (v) Effect of failure to modify water quality 
            standards.--If the Tribe fails to revise water quality 
            standards in accordance with clause (iv), the revised water 
            quality standards applicable to the Everglades Park, 
            approved by the Administrator under the Federal Water 
            Pollution Control Act (33 U.S.C. 1251 et seq.) shall be 
            deemed to apply by operation of Federal law to the MRA 
            until such time as the Tribe adopts water quality standards 
            that are at least as protective as the revised water 
            quality standards approved by the Administrator.
            (G) Natural easements.--The Tribe shall not engage in any 
        construction, development, or improvement in any area that is 
        designated as a natural easement.
    (b) Height Restrictions.--
        (1) Restrictions.--Except as provided in paragraphs (2) through 
    (4), no structure constructed within the MRA shall exceed the 
    height of 45 feet or exceed 2 stories, except that a structure 
    within the Miccosukee Government Center, as shown on the map 
    referred to in section 4(4), shall not exceed the height of 70 
    feet.
        (2) Exceptions.--The following types of structures are exempt 
    from the restrictions of this section to the extent necessary for 
    the health, safety, or welfare of the tribal members, and for the 
    utility of the structures:
            (A) Water towers or standpipes.
            (B) Radio towers.
            (C) Utility lines.
        (3) Waiver.--The Secretary may waive the restrictions of this 
    subsection if the Secretary finds that the needs of the Tribe for 
    the structure that is taller than structures allowed under the 
    restrictions would outweigh the adverse effects to the Park or its 
    visitors.
        (4) Grandfather clause.--Any structure approved by the 
    Secretary before the date of the enactment of this Act, and for 
    which construction commences not later than 12 months after the 
    date of the enactment of this Act, shall not be subject to the 
    provisions of this subsection.
        (5) Measurement.--The heights specified in this subsection 
    shall be measured from mean sea level.
    (c) Other Conditions.--
        (1) Gaming.--No class II or class III gaming (as those terms 
    are defined in section 4 (7) and (8) of the Indian Gaming 
    Regulatory Act (25 U.S.C. 2703 (7) and (8)) shall be conducted 
    within the MRA.
        (2) Aviation.--
            (A) In general.--No commercial aviation may be conducted 
        from or to the MRA.
            (B) Emergency operators.--Takeoffs and landings of aircraft 
        shall be allowed for emergency operations and administrative 
        use by the Tribe or the United States, including resource 
        management and law enforcement.
            (C) State agencies and officials.--The Tribe may permit the 
        State of Florida, as agencies or municipalities of the State of 
        Florida to provide for takeoffs or landings of aircraft on the 
        MRA for emergency operations or administrative purposes.
        (3) Visual quality.--
            (A) In general.--In the planning, use, and development of 
        the MRA by the Tribe, the Tribe shall consider the quality of 
        the visual experience from the Shark River Valley visitor use 
        area, including limitations on the height and locations of 
        billboards or other commercial signs or other advertisements 
        visible from the Shark Valley visitor center, tram road, or 
        observation tower.
            (B) Exemption of markings.--The Tribe may exempt markings 
        on a water tower or standpipe that merely identify the Tribe.
    (d) Easements and Ranger Station.--Notwithstanding any other 
provision of this Act, the following provisions shall apply:
        (1) Natural easements.--
            (A) In general.--The use and occupancy of the MRA by the 
        Tribe shall be perpetually subject to natural easements on 
        parcels of land that are--
                (i) bounded on the north and south by the boundaries of 
            the MRA, specified in the legal description under section 
            4(4); and
                (ii) bounded on the east and west by boundaries that 
            run perpendicular to the northern and southern boundaries 
            of the MRA, as provided in the description under 
            subparagraph (B).
            (B) Description.--The description referred to in 
        subparagraph (A)(ii) is as follows:
                (i) Easement number 1, being 445 feet wide with western 
            boundary 525 feet, and eastern boundary 970 feet, east of 
            the western boundary of the MRA.
                (ii) Easement number 2, being 443 feet wide with 
            western boundary 3,637 feet, and eastern boundary 4,080 
            feet, east of the western boundary of the MRA.
                (iii) Easement number 3, being 320 feet wide with 
            western boundary 5,380 feet, and eastern boundary 5,700 
            feet, east of the western boundary of the MRA.
                (iv) Easement number 4, being 290 feet wide with 
            western boundary 6,020 feet, and eastern boundary 6,310 
            feet, east of the western boundary of the MRA.
                (v) Easement number 5, being 290 feet wide with western 
            boundary 8,170 feet, and eastern boundary 8,460 feet, east 
            of the western boundary of the MRA.
                (vi) Easement number 6, being 312 feet wide with 
            western boundary 8,920 feet, and eastern boundary 9,232 
            feet, east of the western boundary of the MRA.
        (2) Extent of easements.--The aggregate extent of the east-west 
    parcels of lands subject to easements under paragraph (1) shall not 
    exceed 2,100 linear feet, as depicted on the map referred to in 
    section 4(4).
        (3) Use of easements.--At the discretion of the Secretary, the 
    Secretary may use the natural easements specified in paragraph (1) 
    to fulfill a hydrological or other environmental objective of the 
    Everglades National Park.
        (4) Additional requirements.--In addition to providing for the 
    easements specified in paragraph (1), the Tribe shall not impair or 
    impede the continued function of the water control structures 
    designated as ``S-12A'' and ``S-12B'', located north of the MRA on 
    the Tamiami Trail and any existing water flow ways under the Old 
    Tamiami Trail.
        (5) Use by department of the interior.--The Department of the 
    Interior shall have a right, in perpetuity, to use and occupy, and 
    to have vehicular and airboat access to, the Tamiami Ranger Station 
    identified on the map referred to in section 4(4), except that the 
    pad on which such station is constructed shall not be increased in 
    size without the consent of the Tribe.

SEC. 7. IMPLEMENTATION PROCESS.

    (a) Government-to-Government Agreements.--The Secretary and the 
tribal chairman shall make reasonable, good faith efforts to implement 
the requirements of this Act. Those efforts may include government-to-
government consultations, and the development of standards of 
performance and monitoring protocols.
    (b) Federal Mediation and Conciliation Service.--If the Secretary 
and the tribal chairman concur that they cannot reach agreement on any 
significant issue relating to the implementation of the requirements of 
this Act, the Secretary and the tribal chairman may jointly request 
that the Federal Mediation and Conciliation Service assist them in 
reaching a satisfactory agreement.
    (c) 60-Day Time Limit.--The Federal Mediation and Conciliation 
Service may conduct mediation or other nonbinding dispute resolution 
activities for a period not to exceed 60 days beginning on the date on 
which the Federal Mediation and Conciliation Service receives the 
request for assistance, unless the Secretary and the tribal chairman 
agree to an extension of period of time.
    (d) Other Rights Preserved.--The facilitated dispute resolution 
specified in this section shall not prejudice any right of the parties 
to--
        (1) commence an action in a court of the United States at any 
    time; or
        (2) any other resolution process that is not prohibited by law.

SEC. 8. MISCELLANEOUS.

    (a) No General Applicability.--Nothing in this Act creates any 
right, interest, privilege, or immunity affecting any other Tribe or 
any other park or Federal lands.
    (b) Noninterference With Federal Agents.--
        (1) In general.--Federal employees, agents, officers, and 
    officials shall have a right of access to the MRA--
            (A) to monitor compliance with the provisions of this Act; 
        and
            (B) for other purposes, as though it were a Federal Indian 
        reservation.
        (2) Statutory construction.--Nothing in this Act shall 
    authorize the Tribe or members or agents of the Tribe to interfere 
    with any Federal employee, agent, officer, or official in the 
    performance of official duties (whether within or outside the 
    boundaries of the MRA) except that nothing in this paragraph may 
    prejudice any right under the Constitution of the United States.
    (c) Federal Permits.--
        (1) In general.--No Federal permit shall be issued to the Tribe 
    for any activity or structure that would be inconsistent with this 
    Act.
        (2) Consultations.--Any Federal agency considering an 
    application for a permit for construction or activities on the MRA 
    shall consult with, and consider the advice, evidence, and 
    recommendations of the Secretary before issuing a final decision.
        (3) Rule of construction.--Except as otherwise specifically 
    provided in this Act, nothing in this Act supersedes any 
    requirement of any other applicable Federal law.
    (d) Volunteer Programs and Tribal Involvement.--The Secretary may 
establish programs that foster greater involvement by the Tribe with 
respect to the Park. Those efforts may include internships and 
volunteer programs with tribal schoolchildren and with adult tribal 
members.
    (e) Saving Ecosystem Restoration.--
        (1) In general.--Nothing in this Act shall be construed to 
    amend or prejudice the authority of the United States to design, 
    construct, fund, operate, permit, remove, or degrade canals, 
    levees, pumps, impoundments, wetlands, flow ways, or other 
    facilities, structures, or systems, for the restoration or 
    protection of the South Florida ecosystem pursuant to Federal laws.
        (2) Use of noneasement lands.--
            (A) In general.--The Secretary may use all or any part of 
        the MRA lands to the extent necessary to restore or preserve 
        the quality, quantity, timing, or distribution of surface or 
        groundwater, if other reasonable alternative measures to 
        achieve the same purpose are impractical.
            (B) Secretarial authority.--The Secretary may use lands 
        referred to in subparagraph (A) either under an agreement with 
        the tribal chairman or upon an order of the United States 
        district court for the district in which the MRA is located, 
        upon petition by the Secretary and finding by the court that--
                (i) the proposed actions of the Secretary are 
            necessary; and
                (ii) other reasonable alternative measures are 
            impractical.
        (3) Costs.--
            (A) In general.--In the event the Secretary exercises the 
        authority granted the Secretary under paragraph (2), the United 
        States shall be liable to the Tribe or the members of the Tribe 
        for--
                (i) cost of modification, removal, relocation, or 
            reconstruction of structures lawfully erected in good faith 
            on the MRA; and
                (ii) loss of use of the affected land within the MRA.
            (B) Payment of compensation.--Any compensation paid under 
        subparagraph (A) shall be paid as cash payments with respect to 
        taking structures and other fixtures and in the form of rights 
        to occupy similar land adjacent to the MRA with respect to 
        taking land.
        (4) Rule of construction.--Paragraphs (2) and (3) shall not 
    apply to a natural easement described in section 6(d)(1).
    (f) Parties Held Harmless.--
        (1) United states held harmless.--
            (A) In general.--Subject to subparagraph (B) with respect 
        to any tribal member, tribal employee, tribal contractor, 
        tribal enterprise, or any person residing within the MRA, 
        notwithstanding any other provision of law, the United States 
        (including an officer, agent, or employee of the United 
        States), shall not be liable for any action or failure to act 
        by the Tribe (including an officer, employee, or member of the 
        Tribe), including any failure to perform any of the obligations 
        of the Tribe under this Act.
            (B) Rule of construction.--Nothing in this paragraph shall 
        be construed to alter any liability or other obligation that 
        the United States may have under the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450 et seq.).
        (2) Tribe held harmless.--Notwithstanding any other provision 
    of law, the Tribe and the members of the Tribe shall not be liable 
    for any injury, loss, damage, or harm that--
            (A) occurs with respect to the MRA; and
            (B) is caused by an action or failure to act by the United 
        States, or the officer, agent, or employee of the United States 
        (including the failure to perform any obligation of the United 
        States under this Act).
    (g) Cooperative Agreements.--Nothing in this Act shall alter the 
authority of the Secretary and the Tribe to enter into any cooperative 
agreement, including any agreement concerning law enforcement, 
emergency response, or resource management.
    (h) Water Rights.--Nothing in this Act shall enhance or diminish 
any water rights of the Tribe, or members of the Tribe, or the United 
States (with respect to the Park).
    (i) Enforcement.--
        (1) Actions brought by attorney general.--The Attorney General 
    may bring a civil action in the United States district court for 
    the district in which the MRA is located, to enjoin the Tribe from 
    violating any provision of this Act.
        (2) Action brought by tribe.--The Tribe may bring a civil 
    action in the United States district court for the district in 
    which the MRA is located to enjoin the United States from violating 
    any provision of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.