[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[House]
[Pages H10585-H10589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      MICCOSUKEE RESERVED AREA ACT

  Mr. HANSEN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3055) to deem the activities of the Miccosukee Tribe of the 
Tamiami Indian Reservation to be consistent with the purposes of the 
Everglades National Park, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3055

       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 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.

[[Page H10586]]

     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 otherwise provided by this Act.
       (3) Prevention of degradation; abatement.--
       (A) Prevention of degradation.--Pursuant to the 
     requirements of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), the Tribe shall prevent and abate 
     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.
       (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 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:

[[Page H10587]]

       (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

[[Page H10588]]

     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.

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to the rule, the 
gentleman from Utah (Mr. Hansen) and the gentleman from California (Mr. 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 3055 clarifies the long standing rights of the 
Miccosukee Tribe of Indians of Florida to govern themselves within a 
small area at the northern edge of Everglades National Park while 
protecting the Everglades environment and restoration. The bill sets 
aside 667 acres for the use of the Miccosukee Tribe at the northern 
edge of the Everglades National Park along the Tamiami Trail where the 
Miccosukee Tribe currently lives with existing schools, government 
center, health clinic, police and gas stations, restaurant, many 
similar buildings, and over 100 homes.
  H.R. 3055 represents along protracted series of negotiations between 
the Tribe and the administration, and the version before us is a true 
settlement of the issues involving the rights of the Tribe, Everglades 
National Park, Everglades restoration and clean water concerns.
  This bill eliminates ambiguities which lead to unnecessary conflict, 
while both carrying out the original Congressional intent of the 1934 
act that the Indians shall be allowed to remain within the park and 
protecting the Everglades environment at the same time.
  Madam Speaker, I urge my colleagues to support H.R. 3055.
  Madam Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Madam Speaker, I yield myself such time as 
I may consume.
  Madam Speaker, I rise in support of H.R. 3055. This bill differs in 
form, but not in substance, from the bill that was reported by the 
Committee on Resources, and I believe the bill as amended reflects 
changes agreed to by both the Tribe and the Department.
  Madam Speaker, I yield such time as he may consume to the gentleman 
from Florida (Mr. Hastings), who has worked very long and hard on this 
legislation.
  (Mr. HASTINGS of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. HASTINGS of Florida. Madam Speaker, I am proud to stand up today 
and speak on behalf of H.R. 3055, the Miccosukee Reserve Area Act. This 
is a very important bill which will carry out the long-standing intent 
of Congress in preserving and protecting the rights of the Miccosukee 
Tribe of Indians of Florida.
  This bill has been truly a bipartisan effort with my Florida 
colleagues, the gentlewoman from Florida (Mrs. Meek), the gentleman 
from Florida (Mr. Diaz-Balart), the gentleman from Florida (Mr. Foley) 
and the gentleman from Florida (Mr. Scarborough) joining me as 
cosponsors. Additionally, the bill now enjoys the support of many other 
Members of the Florida delegation, and I appreciate their support of 
this legislation.
  I also want to point out, Madam Speaker, how appreciative I am of the 
gentleman from Utah (Chairman Hansen). He has been working with me 
since the 104th Congress to move this bill expeditiously, and I thank 
the gentleman, as I do the ranking member and their respective staffs, 
who have worked tirelessly with me and with the United States Senate in 
trying to bring this matter to a resolution.
  Madam Speaker, these Native Americans seek nothing more than what we 
promised them when we passed the park bill in 1934, nothing more than 
what was said on the floor of this House, nothing more than the 
Department of the Interior confirmed in the special use permit.
  In 1960, Supreme Court Justice Hugo Black wrote, ``Great nations, 
like great men, should keep their promise.'' With this bill, we will 
keep our promise to these Native Americans, to these fellow citizens of 
the United States. They deserve nothing less. I urge all of our 
colleagues to support the Miccosukee Reserve Area Act.
  Madam Speaker, I am proud to stand up today and speak on behalf of 
H.R. 3055--The Miccosukee Reserved Area Act. This is a very important 
bill which will carry out the longstanding intent of Congress in 
preserving and protecting the rights of the Miccosukee Tribe of Indians 
of Florida.
  This bill has been a truly bipartisan effort, with my Florida 
colleagues Congresswoman Carrie Meek and Congressmen Lincoln Diaz-
Balart, Mark Foley, and Joe Scarborough joining me as cosponsors. 
Additionally, the bill now enjoys the support of many other Members of 
the Florida delegation and I appreciate their support of this 
legislation. I also want to point out, Madam Speaker, how appreciative 
I am of Chairman Hansen. He has been working with me since the 104th 
Congress to move this bill expediously.
  This legislation allows for the good people of the Miccosukee Tribe 
to live in perpetuity in the so-called permit area of Everglades 
National Park. The Miccosukees have lived and worked for literally 
hundreds of years in this area. The rights of the Miccosukees are 
recognized by the Everglades National Park Enabling Act of 1934 and 
their special use permit.
  In 1934, the Everglades National Park Enabling Act specifically 
provided that rights of the Indians were protected. Subsequently, in 
1962, and 1973, the tribe was guaranteed that they could build homes, 
schools, clinics, and other tribal buildings in the 300-plus acres 
identified in their special use permit.
  The intent of the Congress in 1934 was to guarantee the Indians the 
freedom to live, work, and govern themselves as they wish in this area, 
not to be governed by the National Park Service. This bill will allow 
for Miccosukee self-government to continue and prosper.
  Madam Speaker, it is important to point out that this bill enjoys not 
only bipartisan support, but bicameral support as well. A companion 
bill has been sponsored in the Senate by Senator Connie Mack and is 
supported by Senator Bob Graham. Additionally, we have worked 
tirelessly with the Administration to garner their support as well. I 
am pleased that Secretary Babbitt has visited the area at the heart of 
this bill and that he, too, agrees that it is necessary and worthy 
legislation. We have worked with the Transportation and Infrastructure 
Committee to make sure all of their concerns were addressed. In short, 
Madam Speaker, this has been an inclusive process from the very 
beginning and because of that we have a substantive, important bill 
that all sides see as meaningful and necessary.
  Finally, Madam Speaker, let me say that I take a great deal of pride 
in the fact that South Florida's premier environmental organization--
Friends of the Everglades--endorses this legislation. It was important 
to not only have the support of the tribe and the politicians, but also 
the support of the local environmental community who is most acutely 
aware of the challenges facing our fragile South Florida ecosystem.
  Madam Speaker, these native Americans seek nothing more than what we 
promised them when we passed the park bill in 1934, nothing more than 
was said on the floor of this House, nothing more than the Department 
of the Interior confirmed in the special use permit.
  In 1960, Justice Hugo Black wrote, ``Great nations, like great men, 
should keep their promise.'' With this bill, we keep our promise to 
these native Americans, to these fellow citizens of the United States.

[[Page H10589]]

  They deserve nothing less.
  I urge all of my colleagues to support The Miccosukee Reserved Area 
Act.
  Mr. MILLER of California. Madam Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  Mr. HANSEN. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 3055, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title was amended 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.''
  A motion to reconsider was laid on the table.

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