[House Report 105-278]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-278
_______________________________________________________________________


 
                   MICCOSUKEE SETTLEMENT ACT OF 1997

                                _______
                                

 September 29, 1997.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1476]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1476) to settle certain Miccosukee Indian land takings 
claims within the State of Florida, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1476 is to settle certain Miccosukee 
Indian land takings claims within the State of Florida.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1476, the proposed Miccosukee Settlement Act of 1977, 
provides that Congress consents to a settlement agreement 
reached between the State of Florida, the Miccosukee Tribe, and 
the United States Department of the Interior involving the 
transfer of rights-of-way from the Tribe to the State. Also 
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.
    In the aforementioned settlement agreement, 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 the State of Florida in any way related to Interstate 
Highway 75.

                            COMMITTEE ACTION

    H.R. 1476 was introduced on April 29, 1977, by Congressman 
Lincoln Diaz-Balart (R-FL). The bill was referred to the 
Committee on Resources. On September 17, 1997, the Resources 
Committee met to consider H.R. 1476 where it was ordered 
favorably reported to the House of Representatives without 
amendment.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1476.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1476. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1476 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1476.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1476 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives,
Washington, DC.
    Dear. Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1476, the 
Miccosukee Settlement Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Daley.
            Sincerely,
                                           June E. O'Neill,
                                                          Director.
    Enclosure.

H.R. 1476--The Miccosukee Settlement Act of 1997

    CBO estimates that enacting H.R. 1476 would have no 
significant impact on the federal budget. Because H.R. 1476 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would impose no costs 
on state, local, or tribal government. Any costs resulting from 
the settlement agreement would be incurred voluntarily by the 
state, local, and tribal governments as parties to that 
agreement.
    H.R. 1476 would allow the Secretary of the Interior to 
implement a settlement agreement between the state of Florida, 
the Miccosukee Tribe, and the Department of the Interior. The 
agreement involves the transfer of rights-of-way from the tribe 
to the state for construction of an interstate highway. In 
exchange for this land transfer, the tribe would receive 
approximately $2 million from the state and would agree to 
dismiss certain legal claims against the state. The tribe also 
would receive land from the state to be held in trust by the 
Department of the Interior. CBO estimates that the Bureau of 
Land Management would spend about $100,000 in fiscal year 1998 
to survey the land to be transferred into trust, assuming 
appropriation of the necessary amounts.
    The CBO staff contacts for this estimate are Lisa Daley 
(for federal costs) and Marjorie Miller (for the impact on 
state, local, and tribal governments). This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                    compliance with public law 104-4

    H.R. 1476 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 1476 would make no changes in existing 
law.

                                
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