[Congressional Record Volume 143, Number 104 (Tuesday, July 22, 1997)]
[Senate]
[Page S7865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MACK (for himself and Mr. Graham):
  S. 1047. A bill to settle certain Miccosukee Indian land takings 
claims within the State of Florida; to the Committee on Indian Affairs.


                   Miccosukee Settlement Act of 1997

  Mr. MACK. Mr. President, I rise today with my colleague from Florida, 
Senator Graham, to introduce legislation approving an agreement between 
the Miccosukee Tribe of Indians of Florida, and the State of Florida. 
This agreement arose from disputes surrounding the construction of 
Interstate 75 through the Miccosukee Reservation in Florida.
  By way of background, Mr. President, when the interstate was built 
from Naples across to Fort Lauderdale, the Florida Department of 
Transportation dredged fill dirt off the northern Miccosukee Indian 
Reservation and used it to construct the roadbed. The Miccosukees 
subsequently sued in Federal District Court on the basis of an unlawful 
taking of property.
  The State and the Miccosukees subsequently worked out a settlement 
whereby Florida would keep the fill-dirt and the Indians would get 
several parcels of State land. One parcel is adjacent to the tribe's 
permit lands on Tamiami Trail and another is near the Krome Detention 
Center in Miami. This agreement has been signed by the Miccosukees and 
the Department of Interior and was endorsed unanimously by the Governor 
and Cabinet of Florida.
  The bill we are introducing today will direct the Secretary of the 
Interior--as the Federal trustee of the Miccosukees--to:
  First, aid and assist in the fulfillment of the settlement agreement 
in a reasonable manner; second, upon finding that the agreement is 
legally sufficient, the Secretary should sign the agreement on behalf 
of the United States; third, facilitate the transfer of Miccosukee 
land--the fill-dirt--to the Florida Department of Transportation under 
the terms of the agreement, and; fourth, receive in Federal trust--on 
behalf of the Miccosukees--the land put up by the State for the swap--
adjacent to Permit Area and Krome.
  Mr. President, this legislation has also been introduced by 
Representative Diaz-Balart in the House of Representatives. The 
enactment of this legislation is very important to the Miccosukee Tribe 
and I urge my colleagues to join us in this effort.
  Thank you, Mr. President.
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