[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1047 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1047

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1997

 Mr. Mack (for himself and Mr. Graham) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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 that:
            (1) There is pending before the United States District 
        Court for the Southern District of Florida a lawsuit by the 
        Miccosukee Tribe that 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 the lawsuit referred to in paragraph 
        (1) 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.
            (4) The agreement referred to in paragraph (3) requires the 
        consent of Congress in connection with contemplated land 
        transfers.
            (5) The Settlement Agreement is in the interest of the 
        Miccosukee Tribe, as the Tribe will receive certain monetary 
        payments, new reservation lands to be held in trust by the 
        United States, and other benefits.
            (6) Land received by the United States pursuant to the 
        Settlement Agreement is in consideration of Miccosukee Indian 
        Reservation lands lost by the Miccosukee Tribe by virtue of 
        transfer to the Florida Department of Transportation under the 
        Settlement Agreement.
            (7) The United States lands referred to in paragraph (6) 
        will be held in trust by the United States for the use and 
        benefit of the Miccosukee Tribe as Miccosukee Indian 
        Reservation lands in compensation for the consideration given 
        by the Tribe in the Settlement Agreement.
            (8) Congress shares with the parties to the Settlement 
        Agreement a desire to resolve the dispute and settle the 
        lawsuit.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board of trustees of the internal improvements trust 
        fund.--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 Governor, Attorney General, Commissioner of 
        Agriculture, Commissioner of Education, Controller, Secretary 
        of State, and Treasurer of the State of Florida, who are 
        Trustees of the Board.
            (2) Florida department of transportation.--The term 
        ``Florida Department of Transportation'' means the executive 
        branch department and agency of the State of Florida that--
                    (A) is responsible for the construction and 
                maintenance of surface vehicle roads, existing pursuant 
                to section 20.23, Florida Statutes; and
                    (B) has the authority to execute the Settlement 
                Agreement pursuant to section 334.044, Florida 
                Statutes.
            (3) Lawsuit.--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 No. 91-285-Civ-Paine.
            (4) Miccosukee lands.--The term ``Miccosukee lands'' means 
        lands that are--
                    (A) held in trust by the United States for the use 
                and benefit of the Miccosukee Tribe as Miccosukee 
                Indian Reservation lands; and
                    (B) identified pursuant to the Settlement Agreement 
                for transfer to the Florida Department of 
                Transportation.
            (5) Miccosukee tribe; tribe.--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, chapter 576; 25 U.S.C. 476) and recognized by the State of Florida 
pursuant to chapter 285, Florida Statutes.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Settlement agreement; agreement.--The terms 
        ``Settlement Agreement'' and ``Agreement'' mean the assemblage 
        of documents entitled ``Settlement Agreement'' (with 
        incorporated exhibits) that--
                    (A) addresses the lawsuit; and
                    (B)(i) was signed on August 28, 1996, by Ben G. 
                Watts (Secretary of the Florida Department of 
                Transportation) and Billy Cypress (Chairman of the 
                Miccosukee Tribe); and
                    (ii) after being signed, as described in clause 
                (i), was concurred in by the Board of Trustees of the 
                Internal Improvements Trust Fund of the State of 
                Florida.
            (8) State of florida.--The term ``State of Florida'' 
        means--
                    (A) 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; and
                    (B) the State of Florida as a governmental entity.

SEC. 4. AUTHORITY OF SECRETARY.

    As Trustee for the Miccosukee Tribe, the Secretary shall--
            (1)(A) aid and assist in the fulfillment of the Settlement 
        Agreement at all times and in a reasonable manner; and
            (B) to accomplish the fulfillment of the Settlement 
        Agreement in accordance with subparagraph (A), cooperate with 
        and assist the Miccosukee Tribe;
            (2) upon finding that the Settlement Agreement is legally 
        sufficient and that the State of Florida has the necessary 
        authority to fulfill the Agreement--
                    (A) sign the Settlement Agreement on behalf of the 
                United States; and
                    (B) ensure that an individual other than the 
                Secretary who is a representative of the Bureau of 
                Indian Affairs also signs the Settlement Agreement;
            (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 that land transfer and 
        related land transfers--
                    (A) transfer ownership of the Miccosukee land to 
                the Florida Department of Transportation in accordance 
                with the Settlement Agreement, including in the 
                transfer solely and exclusively that Miccosukee land 
                identified in the Settlement Agreement for transfer to 
                the Florida Department of Transportation; and
                    (B) in conjunction with the land transfer referred 
                to in subparagraph (A), transfer no land other than the 
                land referred to in that subparagraph to the Florida 
                Department of Transportation; and
            (4) upon finding that all necessary conditions precedent to 
        the transfer of Florida lands from the State of Florida 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 that 
        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.

SEC. 5. MICCOSUKEE INDIAN RESERVATION LANDS.

    The lands transferred and held in trust for the Miccosukee Tribe 
under section 4(4) shall be Miccosukee Indian Reservation lands.
                                 <all>