[Congressional Record Volume 143, Number 132 (Monday, September 29, 1997)]
[House]
[Pages H8069-H8070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   MICCOSUKEE SETTLEMENT ACT OF 1997

  Mr. THORNBERRY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1476) to settle certain Miccosukee Indian land takings 
claims within the State of Florida.
  The Clerk read as follows:

                               H.R. 1476

       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 and declares that--
       (1) there is pending before the United States District 
     Court for the Southern District of Florida a lawsuit by the 
     Miccosukee Tribe which 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 this lawsuit 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, which 
     agreement requires consent of the Congress in connection with 
     contemplated land transfers;
       (4) the settlement agreement is in the interests of the 
     Miccosukee Tribe in that the tribe will receive certain 
     monetary payments, new reservation land to be held in trust 
     by the United States, and other benefits;
       (5) land received by the United States pursuant to the 
     settlement agreement is in consideration of Miccosukee Indian 
     Reservation land lost by the Miccosukee Tribe by virtue of 
     transfer to the Florida Department of Transportation under 
     the settlement agreement, and such United States land 
     therefore shall be held in trust by the United States for the 
     use and benefit of the Miccosukee Tribe as Miccosukee Indian 
     Reservation land in compensation for the consideration given 
     by the tribe in the settlement agreement; and
       (6) Congress shares with the parties to the settlement 
     agreement a desire to resolve the dispute and settle the 
     lawsuit.

     SEC. 3. DEFINITIONS.

       For the purposes of this Act--
       (1) 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; 25 
     U.S.C. 476), and recognized by the State of Florida pursuant 
     to chapter 285, Florida Statutes;
       (2) the term ``Miccosukee land'' means land held in trust 
     by the United States for the use and benefit of the 
     Miccosukee Tribe as Miccosukee Indian Reservation land which 
     is identified pursuant to the settlement agreement for 
     transfer to the Florida Department of Transportation;
       (3) the term ``Florida Department of Transportation'' means 
     the executive branch department and agency of the State of 
     Florida

[[Page H8070]]

     responsible for, among other matters, the construction and 
     maintenance of surface vehicle roads, existing pursuant to 
     section 20.23, Florida Statutes, with authority to execute 
     the settlement agreement pursuant to section 334.044, Florida 
     Statutes;
       (4) 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 Florida Governor, Attorney General, 
     Commissioner of Agriculture, Commissioner of Education, 
     Controller, Secretary of State, and Treasurer sitting as 
     trustees;
       (5) the term ``State of Florida'' means 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, as well as the State itself 
     as a governmental entity;
       (6) the term ``Secretary'' means the United States 
     Secretary of the Interior;
       (7) the term ``land transfers'' means those lands 
     identified in the settlement agreement fro transfer from the 
     United States to the Florida Department of Transportation and 
     those lands identified in the settlement agreement for 
     transfer from the State of Florida to the United States;
       (8) 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 number 91-6285-Civ-Paine; and
       (9) the terms ``settlement agreement'' and ``agreement'' 
     mean those documents entitled ``settlement agreement'' (with 
     incorporated exhibits), which identifies the lawsuit in the 
     first paragraph, which was signed on page 15 therein on 
     August 28, 1996, by Ben G. Watts (Secretary of the Florida 
     Department of Transportation) and Billy Cypress (Chairman of 
     the Miccosukee Tribe), and thereafter concurred in by the 
     board of trustees of the Internal Improvements Trust Fund of 
     the State of Florida.

     SEC. 4. AUTHORITY OF SECRETARY.

       As trustee for the Miccosukee Tribe, the Secretary shall:
       (1) Aid and assist in the fulfillment of the settlement 
     agreement at all times and in all reasonable manner, and 
     cooperate with and assist the Miccosukee Tribe for this 
     purpose.
       (2) Upon finding that the settlement agreement is legally 
     sufficient and that the State of Florida and its agencies 
     have the necessary authority to fulfill the agreement, sign 
     the settlement agreement on behalf of the United States, and 
     have a representative of the Bureau of Indian Affairs sign 
     the settlement agreement as well.
       (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 this land transfer and 
     related land transfers, transfer ownership of the Miccosukee 
     land to the Florida Department of Transportation as provided 
     in the settlement agreement, including in such transfer 
     solely and exclusively that Miccosukee land identified in the 
     settlement agreement for such transfer and no other land.
       (4) Upon finding that all necessary conditions precedent to 
     the transfer of Florida land 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 this 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, constituting thereby Indian Reservation lands 
     of the Miccosukee Tribe.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas [Mr. Thornberry] and the gentleman from California [Mr. Farr] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Thornberry].
  (Mr. THORNBERRY asked and was given permission to revise and extend 
his remarks.)
  Mr. THORNBERRY. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 1476, the proposed Miccosukee 
Settlement Act of 1977, which provides that Congress consents to a 
settlement agreement reached between the State of Florida, the 
Miccosukee Tribe, and the U.S. Department of the Interior involving the 
transfer of rights-of-way from the tribe to the State.
  Included in the settlement agreement are provisions relating to 
airboat access to certain lands, the relocation of a microwave tower, 
interchange lighting at the Snake Road interchange, and the conveyance 
of 22.87 acres of land to the United States by the State of Florida.
  Also included in the settlement agreement are provisions whereby the 
tribe agrees to dismiss certain litigation pending against the State 
and to release and forever discharge any and all claims the tribe may 
have against the Florida Department of Transportation and State of 
Florida in any way related to Interstate Highway 75.
  Mr. Speaker, I believe this measure deserves the support of the 
House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FARR of California. Mr. Speaker, I yield as much time as he may 
consume to the gentleman from Michigan [Mr. Kildee], a long and 
experienced Member on these issues, distinguished Member of this House.
  Mr. KILDEE. Mr. Speaker, I thank the gentleman for yielding me time.
  We also support passage of this act. This bill ratifies a 1996 
settlement of a lawsuit between the Miccosukee Tribe in Florida over 
lands taken by the State for construction of Alligator Alley across the 
Everglades.
  Under the terms of this agreement, the tribe gets $2.1 million, 22 
acres of land, and two rights-of-way, while the State gets several 
rights-of-way from the tribe for highway maintenance and release from 
the lawsuit. Congress is involved because the agreement calls for the 
Department of the Interior to approve the rights-of-way given to the 
State and to place the tribe's newly acquired lands into trust.
  I am pleased that the tribe and State have reached this amicable 
agreement. I also applaud the diligence and hard work of the gentleman 
from Florida [Mr. Diaz-Balart]. I also note that the Committee on 
Resources held a hearing, and just prior to full committee markup the 
Department sent over several technical changes that have not yet been 
incorporated into the bill. These are not critical changes, but it is 
my hope that the Senate will give them fair consideration as it takes 
up the bill.
  Mr. DIAZ-BALART. Mr. Speaker, H.R. 1476, The Miccosukee Settlement 
Act of 1997, approves and implements a settlement between the State of 
Florida and the Miccosukee Tribe of Indians of Florida regarding right-
of-way usage and dredging during the construction of Interstate Highway 
I-75--``Alligator Alley''--across tribal lands in the Florida 
Everglades. This settlement authorizes the Secretary of the Interior to 
transfer title to certain strips of land used to dredge fill material 
for the construction of I-75 to the Florida Department of 
Transportation from its trust status, and in return directs the 
Secretary to take into trust for the Miccosukee Tribe as Miccosukee 
Indian Reservation several parcels of land as compensation.
  This land transfer is fully endorsed by the Florida Governor and 
Cabinet, who sit jointly as the trustees for Florida land and who voted 
unanimously in favor of this settlement. The Tribe also receives 
approximately $2 million, better access to its existing reservation 
through new access ramps on I-75, and airboat launch sites.
  I am pleased that the State and the tribe have worked out a fair 
solution and I recommend passage of the bill.
  Mr. THORNBERRY. Mr. Speaker, I have no further requests for time.
  Mr. KILDEE. Mr. Speaker, I yield back the balance of my time.
  Mr. THORNBERRY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas [Mr. Thornberry] that the House suspend the rules 
and pass the bill, H.R. 1476.
  The question was taken.
  Mr. CONDIT. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point or order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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