[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.
____________________