§ 1747 TITLE 25—INDIANS Page 516

(Pub. L. 97–399, §7, Dec. 31, 1982, 96 Stat. 2015.)

§ 1747. Transfer of lands to United States

(a) Acceptance by Secretary

The Secretary is authorized and directed to

accept the transfer to the United States, to be

held in trust for the use and benefit of the

Miccosukee Tribe of Indians of Florida, of the

lands authorized to be conveyed to the

Miccosukee Tribe by section 285.061, Florida

Statutes, and the lands described in Dedication

Deed No. 23228 from the Trustees of the Internal

Improvement Trust Fund subject to the provisions of section 285.061, Florida Statutes, and of

this section.

(b) Jurisdiction of State of Florida

(1) Notwithstanding the conveyance of any

lands by the State of Florida to the United

States in trust for the Miccosukee Tribe of Indians of Florida, the assumption of jurisdiction in

favor of the State of Florida contained in section 285.16, Florida Statutes, pursuant to section

7 of the Act of August 15, 1953 (67 Stat. 588), as

in effect prior to its repeal, shall continue in full

force and effect on such lands unless the State

shall retrocede such civil or criminal jurisdiction in whole or in part.

(2)(A) The laws of Florida relating to alcoholic

beverages (chapters 561, 562, 563, 564, and 565,

Florida Statutes), gambling (chapter 849, Florida Statutes), sale of cigarettes (chapter 210,

Florida Statutes), and their successor laws,

shall have the same force and effect within said

transferred lands as they have elsewhere within

the State and the State shall have jurisdiction

over offenses committed by or against Indians

under said laws to the same extent the State has

jurisdiction over said offenses committed elsewhere within the State.

(B) Nothing in subparagraph (A) shall permit

the exercise of jurisdiction by the State of Florida as to any matter to which section 1162(b) of

title 18 or section 1360(b) of title 28 applies.

(c) Transfer of lands as subject to existing leases,

etc.; additional water rights

(1) Any transfer of lands under this section

shall be subject to all existing leases, easements, and rights-of-way, and all the rights,

easements, and reservations in favor of the Central and Southern Florida Flood Control District (now the South Florida Water Management

District) and shall not increase, diminish, modify, or otherwise affect the extent to which

chapter 373, Florida Statutes, and its successor

laws, have force and effect within such lands.

(2) Any transfer of lands under this section

shall not confer upon the Miccosukee Tribe, or

upon the lands within the reservation, any additional water rights.

(Pub. L. 97–399, §8, Dec. 31, 1982, 96 Stat. 2015.)

REFERENCES IN TEXT

Section 7 of Act August 15, 1953 (67 Stat. 588), as in effect prior to its repeal, referred to in subsec. (b)(1), is

section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 590, which

was set out as a note under section 1360 of Title 28, Judiciary and Judicial Procedure, and was repealed by

Pub. L. 90–284, title IV, §403(b), Apr. 11, 1968, 82 Stat. 79.

§ 1748. Limitations of actions

Notwithstanding any other provision of law,

any action to contest the constitutionality of

this part shall be barred unless the complaint is

filed within one hundred and eighty days after

December 31, 1982. An action to contest the constitutionality of this part may only be brought

in the United States District Court for the

Southern District of Florida.

(Pub. L. 97–399, §9, Dec. 31, 1982, 96 Stat. 2016.)

§ 1749. Revocation of settlement

In the event the Settlement Agreement between the Miccosukee Tribe and the State of

Florida is ever invalidated—

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

the Miccosukee Tribe in paragraph 3 of the

Settlement Agreement shall no longer be of

any force or effect,

(2) section 1744 of this title shall be inapplicable to the lands, interests in lands, or

natural resources of the Miccosukee Tribe and

its members as if never enacted, and

(3) the approvals of prior transfers and the

extinguishment of claims and aboriginal title

of the Miccosukee Tribe otherwise effected by

section 1744 of this title shall be void ab initio.

(Pub. L. 97–399, §10, Dec. 31, 1982, 96 Stat. 2016.)

PART B—MICCOSUKEE SETTLEMENT

§ 1750. Congressional findings

Congress finds that:

(1) There is pending before the United States

District Court for the Southern District of

Florida a lawsuit by the Miccosukee Tribe

that involves the taking of certain tribal lands

in connection with the construction of highway Interstate 75 by the Florida Department

of Transportation.

(2) The pendency of the lawsuit referred to

in paragraph (1) clouds title of certain lands

used in the maintenance and operation of the

highway and hinders proper planning for future maintenance and operations.

(3) The Florida Department of Transportation, with the concurrence of the Board of

Trustees of the Internal Improvements Trust

Fund of the State of Florida, and the

Miccosukee Tribe have executed an agreement

for the purpose of resolving the dispute and

settling the lawsuit.

(4) The agreement referred to in paragraph

(3) requires the consent of Congress in connection with contemplated land transfers.

(5) The Settlement Agreement is in the interest of the Miccosukee Tribe, as the Tribe

will receive certain monetary payments, new

reservation lands to be held in trust by the

United States, and other benefits.

(6) Land received by the United States pursuant to the Settlement Agreement is in consideration of Miccosukee Indian Reservation

lands lost by the Miccosukee Tribe by virtue

of transfer to the Florida Department of

Transportation under the Settlement Agreement.

(7) The lands referred to in paragraph (6) as

received by the United States will be held in