§ 1742 TITLE 25—INDIANS Page 514

(2) the pendency of such lawsuit may result

in economic hardships for residents of the

State of Florida by clouding the titles to lands

in the State, including lands not now involved

in the lawsuits;

(3) the pendency of such lawsuit also has

clouded the easement rights of the South Florida Water Management District in lands necessary for use as a water flowage and storage

area, which is part of a federally authorized

project for flood control and water management in central and southern Florida, and

which is being used to provide and regulate a

water supply for the residents of South Florida;

(4) the State of Florida and the Miccosukee

Indian Tribe have executed agreements for the

purposes of resolving tribal land claims and

settling such lawsuit, which agreements require implementing legislation by the Congress of the United States and the Legislature

of the State of Florida; and

(5) Congress shares with the parties to such

agreements a desire to settle such Indian

claims in the State of Florida without additional cost to the United States.

(Pub. L. 97–399, §2, Dec. 31, 1982, 96 Stat. 2012.)

SHORT TITLE

Section 1 of Pub. L. 97–399 provided: ‘‘That this Act

[enacting this part] may be cited as the ‘Florida Indian

Land Claims Settlement Act of 1982’.’’

§ 1742. Definitions

For purposes of this part—

(1) The term ‘‘Miccosukee Tribe’’ means 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.

(2) The term ‘‘State of Florida’’ means the

State of Florida, its agencies, political subdivisions, constitutional officers, officials of

its agencies and subdivisions, and the South

Florida Water Management District.

(3) The term ‘‘Secretary’’ means the Secretary of the Interior.

(4) The term ‘‘lands or natural resources’’

means any real property or natural resources,

or any interest in or right involving any real

property or natural resources including but

not limited to minerals and mineral rights,

timber and timber rights, water and water

rights, and rights to hunt and fish.

(5) 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 against

State of Florida, et al., Case No.

79–253–CIV–JWK.

(6) The term ‘‘Lease Agreement’’ means that

perpetual lease granted by the State of Florida to the Miccosukee Tribe, involving a specifically described area in South Florida, title

to which is held by the State of Florida and in

which the Miccosukee Tribe is granted certain

express rights and interests.

(7) The term ‘‘settlement funds’’ means

those amounts of money which the State of

Florida has agreed to pay to the Miccosukee

Tribe under the Settlement Agreement in partial consideration for the settlement of the

lawsuit and the extinguishment of rights to all

potential or unsettled claims which the

Miccosukee Tribe may have to lands or natural resources in the State of Florida.

(8) The term ‘‘Settlement Agreement’’

means those documents entitled ‘‘Settlement

Agreement between the Miccosukee Tribe and

the State of Florida’’ executed on April 16,

1982, by representatives of the State of Florida

and representatives of the Miccosukee Tribe

and filed with the secretary of state of the

State of Florida which incorporate the Lease

Agreement described in paragraph (6) of this

section.

(9) The term ‘‘transfer’’ includes but is not

limited to any sale, grant, lease, allotment,

partition, or conveyance, any transaction the

purpose of which was to effect a sale, grant,

lease, allotment, partition, or conveyance, or

any event or events that resulted in a change

of possession or control of lands or natural resources.

(Pub. L. 97–399, §3, Dec. 31, 1982, 96 Stat. 2012.)

§ 1743. Findings by the Secretary

Section 1744 of this title shall not take effect

until the Secretary finds that the following

events have occurred:

(1) the State of Florida has enacted legislation appropriating sufficient money to pay,

and in fact has paid, the settlement funds to

the Miccosukee Tribe;

(2) the State of Florida and the Miccosukee

Tribe have executed the Lease Agreement; and

(3) the State of Florida has enacted appropriate legislation to carry out its commitments under paragraph 1b of the Settlement

Agreement between the State of Florida and

the Miccosukee Tribe and has given the waiver

specified in paragraph 4d of such Agreement.

(Pub. L. 97–399, §4, Dec. 31, 1982, 96 Stat. 2013.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1744 of this title.

§ 1744. Approval of prior transfers and extinguishment of claims and aboriginal title involving Florida Indians

(a) Publication of findings; consequences

If the Secretary finds that the State of Florida

has satisfied the conditions set forth in section

1743 of this title, he shall publish such findings

and the Settlement Agreement in the Federal

Register, and upon such publication—

(1) the transfers, waivers, releases, relinquishments, and other commitments made by

the Miccosukee Tribe in paragraph 3 of the

Settlement Agreement between the State of

Florida and the Miccosukee Tribe shall be of

full force and effect on the terms and conditions therein stated; and

(2) the transfers, waivers, releases, relinquishments, and other commitments validated

by paragraph (1) of this subsection and the

transfers and extinguishments approved and

validated by paragraphs (1) and (2) of subsection (b) of this section shall be deemed to