Page 515 TITLE 25—INDIANS § 1746

have been made in accordance with the Constitution and all laws of the United States

that are specifically applicable to transfers of

lands or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of

Indians (including but not limited to the Act

of July 22, 1790 (1 Stat. 137) and any amendments thereto and all subsequent versions

thereof), and Congress does hereby approve

any such transfers effective as of the date of

such transfers.

(b) Scope of applicability to claims, transfers,

etc.

(1) All claims to lands within the State of

Florida based upon aboriginal title by the

Miccosukee Tribe, or any predecessor or successor in interest, are hereby extinguished, and any

transfer of lands or natural resources located

anywhere within the State of Florida, including

but not limited to transfers pursuant to the

statute or treaty of or with any State or the

United States, by, from, or on behalf of the

Miccosukee Tribe, or any predecessor or successor in interest, shall be deemed to be in full

force and effect: Provided, however, That nothing

herein shall be construed as extinguishing any

aboriginal right, title, interest, or claim to

lands or natural resources solely to the extent of

the rights or interests defined as ‘‘excepted interests’’ in paragraph 3c of the Settlement

Agreement between the State of Florida and the

Miccosukee Tribe.

(2) By virtue of the approval of a transfer of

lands or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United

States, any State or subdivision thereof, or any

other person or entity, by the Miccosukee Tribe,

arising subsequent to the transfer and based

upon any interest in or right involving such

lands or natural resources, including but not

limited to claims for trespass damages or claims

for use and occupancy, shall be regarded as extinguished as of the date of the transfer.

(3) Notwithstanding any other provision of

this subsection, nothing in this subchapter shall

be construed as extinguishing any right, title,

interest, or claim to lands or natural resources

in the State of Florida by any individual Indian—

(A) which is based on use and occupancy, or

(B) which was acquired under Federal or

State law,

and which is not derived from or through the

Miccosukee Tribe, or its predecessor or predecessors in interest.

(Pub. L. 97–399, §5, Dec. 31, 1982, 96 Stat. 2013.)

REFERENCES IN TEXT

Act of July 22, 1790, referred to in subsec. (a)(2), is act

July 22, 1790, ch. 33, 1 Stat. 137, which was not classified

to the Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1743, 1749 of this

title.

§ 1745. Special provisions for Miccosukee Tribe

(a) Exemption of leasehold from State and local

taxes

The leasehold interest granted the Miccosukee

Tribe under the Lease Agreement shall be exempt from all State and local taxes.

(b) Treatment of leasehold as Indian reservation

The lands leased to the Miccosukee Tribe pursuant to the Lease Agreement shall be treated

as if such lands constituted a federally recognized Indian reservation solely for purposes of

determining the eligibility of the Miccosukee

Tribe and its members for any Federal health,

education, employment, economic assistance,

revenue sharing, law enforcement over Indians,

or social welfare programs, or any other similar

Federal program for which Indians are eligible

because of their status as Indians and of their

residence on an Indian reservation.

(c) Power of State of Florida to diminish leasehold interests for public purposes

The State of Florida, through exercise of the

power of eminent domain, may take or diminish

any interest granted to the Miccosukee Tribe

under the Lease Agreement only for a public

purpose and upon payment of just compensation, but such taking or diminution shall not require the approval of Congress or any executive

officer of the United States.

(d) Impairment of benefits received by State of

Florida under other provisions

Nothing in this part or in any grant of leasehold rights by the State of Florida under the

Lease Agreement shall affect or otherwise impair in any adverse manner any benefits received by the State of Florida under the Act of

September 2, 1937 (16 U.S.C. 669 et seq.), or the

Act of August 9, 1950 (16 U.S.C. 777 et seq.).

(Pub. L. 97–399, §6, Dec. 31, 1982, 96 Stat. 2014.)

REFERENCES IN TEXT

Act of September 2, 1937, referred to in subsec. (d), is

act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, popularly known as the Federal Aid in Wildlife Restoration

Act, which is classified generally to chapter 5B (§669 et

seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set

out under section 669 of Title 16 and Tables.

Act of August 9, 1950, referred to in subsec. (d), is act

Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, popularly

known as the Federal Aid in Fish Restoration Act and

also as the Fish Restoration and Management Projects

Act, which is classified generally to chapter 10B (§777

et seq.) of Title 16. For complete classification of this

Act to the Code, see Short Title note set out under section 777 of Title 16 and Tables.

§ 1746. Scope of rights or interests granted to

Miccosukee Tribe; scope of civil and criminal

jurisdiction of State of Florida

Nothing in this part shall grant to the

Miccosukee Tribe any greater rights or interests

in the leased area other than those expressly set

forth in the Lease Agreement, and, notwithstanding any other provision of this part, nothing in this part shall diminish, modify, or otherwise affect the extent of the civil and criminal

jurisdiction of the State of Florida in the leased

area.