[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1419 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1419

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

   Mr. Mack  introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To deem the activities of the Miccosukee Tribe on the Tamiami Indian 
   Reservation 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. DEFINITIONS.

    In this Act:
            (1) Everglades national park; park.--The term ``Everglades 
        National Park'' or ``Park'' means the Everglades National Park 
        established under the Act entitled ``An Act to provide for the 
        establishment of the Everglades National Park in the State of 
        Florida and for other purposes'', approved May 30, 1934 (16 
        U.S.C. 410 et seq.).
            (2) Miccosukee tribe; tribe.--The term ``Miccosukee Tribe'' 
        or ``Tribe'' means the Miccosukee Tribe of Indians of Florida, 
        which is recognized by the United States and organized under 
        section 16 of the Act of June 18, 1934 (commonly referred to as 
        the ``Indian Reorganization Act'') (48 Stat. 987, chapter 576; 
        25 U.S.C. 476).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tamiami indian reservation; reservation.--The term 
        ``Tamiami Indian Reservation'' or ``Reservation'' means the 
        reservation of the Tribe that is comprised of the lands 
        described in section 2(e).

SEC. 2. CONSISTENCY WITH PURPOSES OF PARK.

    (a) In General.--The Miccosukee Tribe is granted the right to 
occupy, reside in, and govern in perpetuity the Tamiami Indian 
Reservation as a Federal Indian reservation.
    (b) Authority.--The Miccosukee Tribe, in occupying, residing in, 
and governing the Tamiami Indian Reservation, shall have the same 
authority that the Tribe would otherwise have if the land of the 
Reservation were held in trust by the Secretary for the use and benefit 
of the Tribe, without the issuance of special restrictions by the 
Secretary. The provisions of the special use permit that was issued 
through the Director of the National Park Service and that took effect 
on January 1, 1973, shall be inapplicable and void.
    (c) Consistency.--Notwithstanding any other provision of law, 
subject to the requirements of this section, the permanent occupation, 
residence, and governance of the Tamiami Indian Reservation by the 
Miccosukee Tribe shall be deemed to be consistent with the purposes of 
the Everglades National Park under the Act entitled ``An Act to provide 
for the establishment of the Everglades National Park in the State of 
Florida and for other purposes'', approved May 30, 1934 (16 U.S.C. 410 
et seq).
    (d) Dredge and Fill Permit.--The Chief Engineer of the Army Corps 
of Engineers shall only approve an application for a permit for 
dredging or filling made by the Tribe under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) if the Chief Engineer 
determines that the activities of the Tribe will not impair, with 
respect to the Everglades of Florida--
            (1) water quality standards; or
            (2) patterns of water flow, including the hydroperiod, that 
        are necessary to achieve the restoration and protection of the 
        natural Everglades ecosystem.
    (e) Description of the Tamiami Indian Reservation.--For purposes of 
this section, the lands of the Tamiami Indian Reservation comprise the 
area beginning at the western boundary of the Everglades National Park 
at the west line of section 20, township 54 south, range 35 east; 
thence east following the northern boundary of the park in township 54 
south, range 35, and 36 east to a point in section 19, township 54 
south, range 36 east, 500 feet west of the existing road known as Seven 
Mile Road; thence 1,000 feet south 500 feet from Seven Mile Road; 
thence west paralleling the park boundary to the west line of section 
20, township 54 south, range 35 east; thence north 1,000 feet to the 
point of beginning.
                                 <all>