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





                                                       Calendar No. 685

105th CONGRESS

  2d Session

                                S. 1419

                          [Report No. 105-361]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 2, 1998

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 685
105th CONGRESS
  2d Session
                                 S. 1419

                          [Report No. 105-361]

 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 HOUSE OF REPRESENTATIVES

                            November 7, 1997

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

                            October 2, 1998

  Reported by Mr. Campbell, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 2. CONSISTENCY WITH PURPOSES OF PARK.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) water quality standards; or</DELETED>
        <DELETED>    (2) patterns of water flow, including the 
        hydroperiod, that are necessary to achieve the restoration and 
        protection of the natural Everglades ecosystem.</DELETED>
<DELETED>    (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.</DELETED>

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 
        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 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 
        specifically exempted by this Act.
            (3) Prevention of degradation; abatement.--
                    (A) Prevention of degradation.--The Tribe shall 
                prevent and abate any significant 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. The 
                        Tribe shall not be responsible for improving 
                        the 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 any significant 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 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 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 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 structure 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 enactment of this Act, and for 
        which construction commences not later than 12 months after the 
        date of 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.
            Amend the title so as to read: ``A bill 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.''.