[105th Congress Public Law 313]
[From the U.S. Government Printing Office]
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[DOCID: f:publ313.105]
[[Page 2963]]
MICCOSUKEE RESERVED AREA ACT
[[Page 112 STAT. 2964]]
Public Law 105-313
105th Congress
An Act
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. <<NOTE: Oct. 30, 1998 - [H.R.
3055]>>
Be it enacted by the Senate and House of Representatives of the
United <<NOTE: Miccosukee Reserved Area Act. Native
Americans. Florida. 16 USC 410 note.>> States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Miccosukee Reserved Area Act''.
SEC. 2. <<NOTE: 16 USC 410 note.>> 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. <<NOTE: 16 USC 410 note.>> PURPOSES.
The purposes of this Act are as follows:
[[Page 112 STAT. 2965]]
(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. <<NOTE: 16 USC 410 note.>> 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. 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).
[[Page 112 STAT. 2966]]
(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 the
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 <<NOTE: 16 USC 410 note.>> 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 the 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
[[Page 112 STAT. 2967]]
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 <<NOTE: 16 USC 410 note.>> 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.--
[[Page 112 STAT. 2968]]
(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 <<NOTE: Deadline.>>
later than 12 months after the date of the
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 <<NOTE: Deadline.>>
later than 12 months after the date of the
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 the 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
[[Page 112 STAT. 2969]]
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:
(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 structures 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 the enactment of this Act, and for
which construction commences not later than 12 months after the
date of the 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.
[[Page 112 STAT. 2970]]
(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.
[[Page 112 STAT. 2971]]
SEC. 7. IMPLEMENTATION <<NOTE: 16 USC 410 note.>> 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. <<NOTE: 16 USC 410 note.>> 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.
[[Page 112 STAT. 2972]]
(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 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.
[[Page 112 STAT. 2973]]
(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.
Approved October 30, 1998.
LEGISLATIVE HISTORY--H.R. 3055 (S. 1419):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-708, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 105-361 accompanying S. 1419 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 12, considered and passed House.
Oct. 15, considered and passed Senate.
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