Page 517 TITLE 25—INDIANS § 1750c

trust by the United States for the use and benefit of the Miccosukee Tribe as Miccosukee Indian Reservation lands in compensation for

the consideration given by the Tribe in the

Settlement Agreement.

(8) Congress shares with the parties to the

Settlement Agreement a desire to resolve the

dispute and settle the lawsuit.

(Pub. L. 105–83, title VII, §702, Nov. 14, 1997, 111

Stat. 1624.)

SHORT TITLE

Section 701 of title VII of Pub. L. 105–83 provided that:

‘‘This title [enacting this part] may be cited as the

‘Miccosukee Settlement Act of 1997’.’’

§ 1750a. Definitions

In this part:

(1) Board of Trustees of the Internal Improvements Trust Fund

The term ‘‘Board of Trustees of the Internal

Improvements Trust Fund’’ means the agency

of the State of Florida holding legal title to

and responsible for trust administration of

certain lands of the State of Florida, consisting of the Governor, Attorney General, Commissioner of Agriculture, Commissioner of

Education, Controller, Secretary of State, and

Treasurer of the State of Florida, who are

Trustees of the Board.

(2) Florida Department of Transportation

The term ‘‘Florida Department of Transportation’’ means the executive branch department and agency of the State of Florida that—

(A) is responsible for the construction and

maintenance of surface vehicle roads, existing pursuant to section 20.23, Florida Statutes; and

(B) has the authority to execute the Settlement Agreement pursuant to section

334.044, Florida Statutes.

(3) Lawsuit

The term ‘‘lawsuit’’ means the action in the

United States District Court for the Southern

District of Florida, entitled Miccosukee Tribe

of Indians of Florida v. State of Florida and

Florida Department of Transportation, et al.,

docket No. 6285–Civ–Paine.

(4) Miccosukee lands

The term ‘‘Miccosukee lands’’ means lands

that are—

(A) held in trust by the United States for

the use and benefit of the Miccosukee Tribe

as Miccosukee Indian Reservation lands; and

(B) identified pursuant to the Settlement

Agreement for transfer to the Florida Department of Transportation.

(5) Miccosukee Tribe; Tribe

The terms ‘‘Miccosukee Tribe’’ and ‘‘Tribe’’

mean the Miccosukee Tribe of Indians of Florida, a tribe of American Indians recognized by

the United States and organized under section

476 of this title and recognized by the State of

Florida pursuant to chapter 285, Florida Statutes.

(6) Secretary

The term ‘‘Secretary’’ means the Secretary

of the Interior.

(7) Settlement Agreement; Agreement

The terms ‘‘Settlement Agreement’’ and

‘‘Agreement’’ mean the assemblage of documents entitled ‘‘Settlement Agreement’’ (with

incorporated exhibits) that—

(A) addresses the lawsuit; and

(B)(i) was signed on August 28, 1996, by Ben

G. Watts (Secretary of the Florida Department of Transportation) and Billy Cypress

(Chairman of the Miccosukee Tribe); and

(ii) after being signed, as described in

clause (i), was concurred in by the Board of

Trustees of the Internal Improvements Trust

Fund of the State of Florida.

(8) State of Florida

The term ‘‘State of Florida’’ means—

(A) all agencies or departments of the

State of Florida, including the Florida Department of Transportation and the Board of

Trustees of the Internal Improvements Trust

Fund; and

(B) the State of Florida as a governmental

entity.

(Pub. L. 105–83, title VII, §703, Nov. 14, 1997, 111

Stat. 1624.)

§ 1750b. Ratification

The United States approves, ratifies, and confirms the Settlement Agreement.

(Pub. L. 105–83, title VII, §704, Nov. 14, 1997, 111

Stat. 1625.)

§ 1750c. Authority of Secretary

As Trustee for the Miccosukee Tribe, the Secretary shall—

(1)(A) aid and assist in the fulfillment of the

Settlement Agreement at all times and in a

reasonable manner; and

(B) to accomplish the fulfillment of the Settlement Agreement in accordance with subparagraph (A), cooperate with and assist the

Miccosukee Tribe;

(2) upon finding that the Settlement Agreement is legally sufficient and that the State of

Florida has the necessary authority to fulfill

the Agreement—

(A) sign the Settlement Agreement on behalf of the United States; and

(B) ensure that an individual other than

the Secretary who is a representative of the

Bureau of Indian Affairs also signs the Settlement Agreement;

(3) upon finding that all necessary conditions precedent to the transfer of Miccosukee

land to the Florida Department of Transportation as provided in the Settlement Agreement have been or will be met so that the

Agreement has been or will be fulfilled, but for

the execution of that land transfer and related

land transfers—

(A) transfer ownership of the Miccosukee

land to the Florida Department of Transportation in accordance with the Settlement

Agreement, including in the transfer solely

and exclusively that Miccosukee land identified in the Settlement Agreement for transfer to the Florida Department of Transportation; and