[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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