Calendar No. 685

105TH CONGRESS

2D SESSION S. 1419

[Report No. 105–361]

A BILL

To deem the activities of the Miccosukee Tribe on

Park, and for other purposes.with the purposes of the Everglades Nationalthe Tamiami Indian Reservation to be consistent

OCTOBER 2, 1998

Reported with an amendment and an amendment to the

title
II

Calendar No. 685

105TH CONGRESS

2D SESSION S. 1419

[Report No. 105–361]

To deem the activities of the Miccosukee Tribe on the Tamiami Indian

Reservation to be consistent with the purposes of the Everglades National

Park, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 7, 1997

Mr. MACK introduced the following bill; which was read twice and referred to

the Committee on Indian Affairs

OCTOBER 2, 1998

Reported by Mr. CAMPBELL, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To deem the activities of the Miccosukee Tribe on the

Tamiami Indian Reservation to be consistent with the

purposes of the Everglades National Park, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. DEFINITIONS.

2 In this Act:

3 (1) EVERGLADES NATIONAL PARK; PARK.—The

4 term ‘‘Everglades National Park’’ or ‘‘Park’’ means

5 the Everglades National Park established under the

6 Act entitled ‘‘An Act to provide for the establish7 ment of the Everglades National Park in the State

8 of Florida and for other purposes’’, approved May

9 30, 1934 (16 U.S.C. 410 et seq.).

10 (2) MICCOSUKEE TRIBE; TRIBE.—The term

11 ‘‘Miccosukee Tribe’’ or ‘‘Tribe’’ means the

12 Miccosukee Tribe of Indians of Florida, which is rec13 ognized by the United States and organized under

14 section 16 of the Act of June 18, 1934 (commonly

15 referred to as the ‘‘Indian Reorganization Act’’) (48

16 Stat. 987, chapter 576; 25 U.S.C. 476).

17 (3) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Interior.

19 (4) TAMIAMI INDIAN RESERVATION; RESERVA20 TION.—The term ‘‘Tamiami Indian Reservation’’ or

21 ‘‘Reservation’’ means the reservation of the Tribe

22 that is comprised of the lands described in section

23 2(e).

24 SEC. 2. CONSISTENCY WITH PURPOSES OF PARK.

25 (a) IN GENERAL.—The Miccosukee Tribe is granted

26 the right to occupy, reside in, and govern in perpetuity
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1 the Tamiami Indian Reservation as a Federal Indian res2 ervation.

3 (b) AUTHORITY.—The Miccosukee Tribe, in occupy4 ing, residing in, and governing the Tamiami Indian Res5 ervation, shall have the same authority that the Tribe

6 would otherwise have if the land of the Reservation were

7 held in trust by the Secretary for the use and benefit of

8 the Tribe, without the issuance of special restrictions by

9 the Secretary. The provisions of the special use permit

10 that was issued through the Director of the National Park

11 Service and that took effect on January 1, 1973, shall be

12 inapplicable and void.

13 (c) CONSISTENCY.—Notwithstanding any other pro14 vision of law, subject to the requirements of this section,

15 the permanent occupation, residence, and governance of

16 the Tamiami Indian Reservation by the Miccosukee Tribe

17 shall be deemed to be consistent with the purposes of the

18 Everglades National Park under the Act entitled ‘‘An Act

19 to provide for the establishment of the Everglades Na20 tional Park in the State of Florida and for other pur21 poses’’, approved May 30, 1934 (16 U.S.C. 410 et seq).

22 (d) DREDGE AND FILL PERMIT.—The Chief Engi23 neer of the Army Corps of Engineers shall only approve

24 an application for a permit for dredging or filling made

25 by the Tribe under section 404 of the Federal Water Pol-
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1 lution Control Act (33 U.S.C. 1344) if the Chief Engineer

2 determines that the activities of the Tribe will not impair,

3 with respect to the Everglades of Florida—

4 (1) water quality standards; or

5 (2) patterns of water flow, including the

6 hydroperiod, that are necessary to achieve the res7 toration and protection of the natural Everglades

8 ecosystem.

9 (e) DESCRIPTION OF THE TAMIAMI INDIAN RES10 ERVATION.—For purposes of this section, the lands of the

11 Tamiami Indian Reservation comprise the area beginning

12 at the western boundary of the Everglades National Park

13 at the west line of section 20, township 54 south, range

14 35 east; thence east following the northern boundary of

15 the park in township 54 south, range 35, and 36 east to

16 a point in section 19, township 54 south, range 36 east,

17 500 feet west of the existing road known as Seven Mile

18 Road; thence 1,000 feet south 500 feet from Seven Mile

19 Road; thence west paralleling the park boundary to the

20 west line of section 20, township 54 south, range 35 east;

21 thence north 1,000 feet to the point of beginning.

22 SECTION 1. SHORT TITLE.

23 This Act may be cited as the ‘‘Miccosukee Reserved

24 Area Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) Since 1964, the Miccosukee Tribe of Indians

4 of Florida have lived and governed their own affairs

5 on a strip of land on the northern edge of the Ever6 glades National Park pursuant to permits from the

7 National Park Service and other legal authority. The

8 current permit expires in 2014.

9 (2) Since the commencement of the Tribe’s per10 mitted use and occupancy of the Special Use Permit

11 Area, the Tribe’s membership has grown, as have the

12 needs and desires of the Tribe and its members for

13 modern housing, governmental and administrative fa14 cilities, schools and cultural amenities, and related

15 structures.

16 (3) The United States, the State of Florida, the

17 Miccosukee Tribe, and the Seminole Tribe of Florida

18 are participating in a major intergovernmental effort

19 to restore the South Florida ecosystem, including the

20 restoration of the environment of the Park.

21 (4) The Special Use Permit Area is located with22 in the northern boundary of the Park, which is criti23 cal to the protection and restoration of the Ever24 glades, as well as to the cultural values of the

25 Miccosukee Tribe.
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1 (5) The interests of both the Miccosukee Tribe

2 and the United States would be enhanced by a further

3 delineation of the rights and obligations of each with

4 respect to the Special Use Permit Area and to the

5 Park as a whole.

6 (6) The amount and location of land allocated to

7 the Tribe fulfills the purposes of the Park.

8 (7) The use of the Miccosukee Reserved Area by

9 the Miccosukee Tribe does not constitute an abandon10 ment of the Park.

11 SEC. 3. PURPOSES.

12 The purposes of this Act are as follows:

13 (1) To replace the special use permit with a legal

14 framework under which the Tribe can live perma15 nently and govern the Tribe’s own affairs in a mod16 ern community within the Park.

17 (2) To protect the Park outside the boundaries of

18 the Miccosukee Reserved Area from adverse effects of

19 structures or activities within that area, and to sup20 port restoration of the South Florida ecosystem, in21 cluding restoring the environment of the Park.

22 SEC. 4. DEFINITIONS.

23 In this Act:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency.

4 (2) EVERGLADES.—The term ‘‘Everglades’’

5 means the areas within the Florida Water Conserva6 tion Areas, Everglades National Park, and Big Cy7 press National Preserve.

8 (3) FEDERAL AGENCY.—The term ‘‘Federal agen9 cy’’ means an agency, as that term is defined in sec10 tion 551(1) of title 5, United States Code.

11 (4) MICCOSUKEE RESERVED AREA; MRA.—

12 (A) IN GENERAL.—The term ‘‘Miccosukee

13 Reserved Area’’ or ‘‘MRA’’ means, notwithstand14 ing any other provision of law and subject to the

15 limitations specified in section 6(d) of this Act,

16 the portion of the Everglades National Park de17 scribed in subparagraph (B) that is depicted on

18 the map entitled ‘‘Miccosukee Reserved Area’’

19 numbered NPS–160/41,038, and dated Septem20 ber 30, 1998, copies of which shall be kept avail21 able for public inspection in the offices of the Na22 tional Park Service, Department of the Interior,

23 and shall be filed with appropriate officers of

24 Miami-Dade County and the Miccosukee Tribe of

25 Indians of Florida.
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1 (B) DESCRIPTION.—The description of the

2 lands referred to in subparagraph (A) is as fol3 lows: ‘‘Beginning at the western boundary of Ev4 erglades National Park at the west line of sec.

5 20, T. 54 S., R. 35 E., thence E. following the

6 Northern boundary of said Park in T. 54 S., Rs.

7 35 and 36 E., to a point in sec. 19, T. 54 S.,

8 R. 36 E., 500 feet west of the existing road

9 known as Seven Mile Road, thence 500 feet south

10 from said point, thence west paralleling the Park

11 boundary for 3,200 feet, thence south for 600 feet,

12 thence west, paralleling the Park boundary to the

13 west line of sec. 20, T. 54 S., R. 35 E., thence

14 N. 1,100 feet to the point of beginning.’’.

15 (5) PARK.—The term ‘‘Park’’ means the Ever16 glades National Park, including any additions to that

17 Park.

18 (6) PERMIT.—The term ‘‘permit’’, unless other19 wise specified, means any federally issued permit, li20 cense, certificate of public convenience and necessity,

21 or other permission of any kind.

22 (7) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of the Interior or the designee of the

24 Secretary.
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1 (8) SOUTH FLORIDA ECOSYSTEM.—The term

2 ‘‘South Florida ecosystem’’ has the meaning given

3 that term in section 528(a)(4) of the Water Resources

4 Development Act of 1996 (Public Law 104–303).

5 (9) SPECIAL USE PERMIT AREA.—The term ‘‘spe6 cial use permit area’’ means the area of 333.3 acres

7 on the northern boundary of the Park reserved for the

8 use, occupancy, and governance of the Tribe under a

9 special use permit before the date of enactment of this

10 Act.

11 (10) TRIBE.—The term ‘‘Tribe’’, unless otherwise

12 specified, means the Miccosukee Tribe of Indians of

13 Florida, a tribe of American Indians recognized by

14 the United States and organized under section 16 of

15 the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C.

16 476), and recognized by the State of Florida pursuant

17 to chapter 285, Florida Statutes.

18 (11) TRIBAL.—The term ‘‘tribal’’ means of or

19 pertaining to the Miccosukee Tribe of Indians of Flor20 ida.

21 (12) TRIBAL CHAIRMAN.—The term ‘‘tribal

22 chairman’’ means the duly elected chairman of the

23 Miccosukee Tribe of Indians of Florida, or the des24 ignee of that chairman.
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1 SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE

2 MICCOSUKEE RESERVED AREA.

3 (a) SPECIAL USE PERMIT TERMINATED.—

4 (1) TERMINATION.—The special use permit dated

5 February 1, 1973, issued by the Secretary to the

6 Tribe, and any amendments to that permit, are ter7 minated.

8 (2) EXPANSION OF SPECIAL USE PERMIT

9 AREA.—The geographical area contained in the

10 former special use permit area referred to in para11 graph (1) shall be expanded pursuant to this Act and

12 known as the Miccosukee Reserved Area.

13 (3) GOVERNANCE OF AFFAIRS IN MICCOSUKEE

14 RESERVED AREA.—Subject to the provisions of this

15 Act and other applicable Federal law, the Tribe shall

16 govern its own affairs and otherwise make laws and

17 apply those laws in the MRA as though the MRA

18 were a Federal Indian reservation.

19 (b) PERPETUAL USE AND OCCUPANCY.—The Tribe

20 shall have the exclusive right to use and develop the MRA

21 in perpetuity in a manner consistent with this Act for pur22 poses of the administration, education, housing, and cul23 tural activities of the Tribe, including commercial services

24 necessary to support those purposes.

25 (c) INDIAN COUNTRY STATUS.—The MRA shall be—
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1 (1) considered to be Indian country (as that

2 term is defined in section 1151 of title 18, United

3 States Code); and

4 (2) treated as a federally recognized Indian res5 ervation solely for purposes of—

6 (A) determining the authority of the Tribe

7 to govern its own affairs and otherwise make

8 laws and apply those laws within the MRA; and

9 (B) the eligibility of the Tribe and its mem10 bers for any Federal health, education, employ11 ment, economic assistance, revenue sharing, or

12 social welfare programs, or any other similar

13 Federal program for which Indians are eligible

14 because of their—

15 (i) status as Indians; and

16 (ii) residence on or near an Indian

17 reservation.

18 (d) EXCLUSIVE FEDERAL JURISDICTION PRE19 SERVED.—The exclusive Federal legislative jurisdiction as

20 applied to the MRA as in effect on the date of enactment

21 of this Act shall be preserved. The Act of August 15, 1953,

22 67 Stat. 588, chapter 505 and the amendments made by

23 that Act, including section 1162 of title 18, United States

24 Code, as added by that Act and section 1360 of title 28,
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1 United States Code, as added by that Act, shall not apply

2 with respect to the MRA.

3 (e) OTHER RIGHTS PRESERVED.—Nothing in this Act

4 shall affect any rights of the Tribe under Federal law, in5 cluding the right to use other lands or waters within the

6 Park for other purposes, including, fishing, boating, hiking,

7 camping, cultural activities, or religious observances.

8 SEC. 6. PROTECTION OF EVERGLADES NATIONAL PARK.

9 (a) ENVIRONMENTAL PROTECTION AND ACCESS RE10 QUIREMENTS.—

11 (1) IN GENERAL.—The MRA shall remain with12 in the boundaries of the Park and be a part of the

13 Park in a manner consistent with this Act.

14 (2) COMPLIANCE WITH APPLICABLE LAWS.—The

15 Tribe shall be responsible for compliance with all ap16 plicable laws, except as specifically exempted by this

17 Act.

18 (3) PREVENTION OF DEGRADATION; ABATE19 MENT.—

20 (A) PREVENTION OF DEGRADATION.—The

21 Tribe shall prevent and abate any significant

22 degradation of the quality of surface or ground23 water that is released into other parts of the

24 Park, as follows:
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1 (i) With respect to water entering the

2 MRA which fails to meet applicable water

3 quality standards approved by the Adminis4 trator under the Federal Water Pollution

5 Control Act (33 U.S.C. 1251 et seq.), ac6 tions of the Tribe shall not further degrade

7 water quality. The Tribe shall not be re8 sponsible for improving the water quality.

9 (ii) With respect to water entering the

10 MRA which meets applicable water quality

11 standards approved by the Administrator

12 under the Federal Water Pollution Control

13 Act (33 U.S.C. 1251 et seq.), the Tribe shall

14 not cause the water to fail to comply with

15 applicable water quality standards.

16 (B) PREVENTION AND ABATEMENT.—The

17 Tribe shall prevent and abate any significant

18 disruption of the restoration or preservation of

19 the quantity, timing, or distribution of surface

20 or groundwater that would enter the MRA and

21 flow, directly or indirectly, into other parts of

22 the Park, but only to the extent that such disrup23 tion is caused by conditions, activities, or struc24 tures within the MRA.
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1 (C) PREVENTION OF SIGNIFICANT PROPAGA2 TION OF EXOTIC PLANTS AND ANIMALS.—The

3 Tribe shall prevent significant propagation of ex4 otic plants or animals outside the MRA that

5 may otherwise be caused by conditions, activi6 ties, or structures within the MRA.

7 (D) PUBLIC ACCESS TO CERTAIN AREAS OF

8 THE PARK.—The Tribe shall not impede public

9 access to those areas of the Park outside the

10 boundaries of the MRA, and to and from the Big

11 Cypress National Preserve, except that the Tribe

12 shall not be required to allow individuals who

13 are not members of the Tribe access to the MRA

14 other than Federal employees, agents, officers,

15 and officials (as provided in this Act).

16 (E) PREVENTION OF SIGNIFICANT CUMU17 LATIVE ADVERSE ENVIRONMENTAL IMPACTS.—

18 (i) IN GENERAL.—The Tribe shall pre19 vent and abate any significant cumulative

20 adverse environmental impact on the Park

21 outside the MRA resulting from develop22 ment or other activities within the MRA.

23 (ii) PROCEDURES.—Not later than 12

24 months after the date of enactment of this

25 Act, the Tribe shall develop, publish, and
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1 implement procedures that shall ensure ade2 quate public notice and opportunity to com3 ment on major tribal actions within the

4 MRA that may contribute to a significant

5 cumulative adverse impact on the Ever6 glades ecosystem.

7 (iii) WRITTEN NOTICE.—The proce8 dures in clause (ii) shall include timely

9 written notice to the Secretary and consid10 eration of the Secretary’s comments.

11 (F) WATER QUALITY STANDARDS.—

12 (i) IN GENERAL.—Not later than 12

13 months after the date of enactment of this

14 Act, the Tribe shall adopt and comply with

15 water quality standards within the MRA

16 that are at least as protective as the water

17 quality standards for the area encompassed

18 by Everglades National Park approved by

19 the Administrator under the Federal Water

20 Pollution Control Act (33 U.S.C. 1251 et

21 seq.).

22 (ii) TRIBAL WATER QUALITY STAND23 ARDS.—The Tribe may not adopt water

24 quality standards for the MRA under clause

25 (i) that are more restrictive than the water
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1 quality standards adopted by the Tribe for

2 contiguous reservation lands that are not

3 within the Park.

4 (iii) EFFECT OF FAILURE TO ADOPT

5 OR PRESCRIBE STANDARDS.—In the event

6 the Tribe fails to adopt water quality stand7 ards referred to in clause (i), the water

8 quality standards applicable to the Ever9 glades National Park, approved by the Ad10 ministrator under the Federal Water Pollu11 tion Control Act (33 U.S.C. 1251 et seq.),

12 shall be deemed to apply by operation of

13 Federal law to the MRA until such time as

14 the Tribe adopts water quality standards

15 that meet the requirements of this subpara16 graph.

17 (iv) MODIFICATION OF STANDARDS.—

18 If, after the date of enactment of this Act,

19 the standards referred to in clause (iii) are

20 revised, not later than 1 year after those

21 standards are revised, the Tribe shall make

22 such revisions to water quality standards of

23 the Tribe as are necessary to ensure that

24 those water quality standards are at least
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1 as protective as the revised water quality

2 standards approved by the Administrator.

3 (v) EFFECT OF FAILURE TO MODIFY

4 WATER QUALITY STANDARDS.—If the Tribe

5 fails to revise water quality standards in

6 accordance with clause (iv), the revised

7 water quality standards applicable to the

8 Everglades Park, approved by the Adminis9 trator under the Federal Water Pollution

10 Control Act (33 U.S.C. 1251 et seq.) shall be

11 deemed to apply by operation of Federal

12 law to the MRA until such time as the

13 Tribe adopts water quality standards that

14 are at least as protective as the revised

15 water quality standards approved by the

16 Administrator.

17 (G) NATURAL EASEMENTS.—The Tribe shall

18 not engage in any construction, development, or

19 improvement in any area that is designated as

20 a natural easement.

21 (b) HEIGHT RESTRICTIONS.—

22 (1) RESTRICTIONS.—Except as provided in

23 paragraphs (2) through (4), no structure constructed

24 within the MRA shall exceed the height of 45 feet or

25 exceed 2 stories, except that a structure within the
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1 Miccosukee Government Center, as shown on the map

2 referred to in section 4(4), shall not exceed the height

3 of 70 feet.

4 (2) EXCEPTIONS.—The following types of struc5 tures are exempt from the restrictions of this section

6 to the extent necessary for the health, safety, or wel7 fare of the tribal members, and for the utility of the

8 structures:

9 (A) Water towers or standpipes.

10 (B) Radio towers.

11 (C) Utility lines.

12 (3) WAIVER.—The Secretary may waive the re13 strictions of this subsection if the Secretary finds that

14 the needs of the Tribe for the structure that is taller

15 than structure allowed under the restrictions would

16 outweigh the adverse effects to the Park or its visitors.

17 (4) GRANDFATHER CLAUSE.—Any structure ap18 proved by the Secretary before the date of enactment

19 of this Act, and for which construction commences not

20 later than 12 months after the date of enactment of

21 this Act, shall not be subject to the provisions of this

22 subsection.

23 (5) MEASUREMENT.—The heights specified in

24 this subsection shall be measured from mean sea level.

25 (c) OTHER CONDITIONS.—
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1 (1) GAMING.—No class II or class III gaming

2 (as those terms are defined in section 4 (7) and (8)

3 of the Indian Gaming Regulatory Act (25 U.S.C.

4 2703 (7) and (8)) shall be conducted within the MRA.

5 (2) AVIATION.—

6 (A) IN GENERAL.—No commercial aviation

7 may be conducted from or to the MRA.

8 (B) EMERGENCY OPERATORS.—Takeoffs

9 and landings of aircraft shall be allowed for

10 emergency operations and administrative use by

11 the Tribe or the United States, including re12 source management and law enforcement.

13 (C) STATE AGENCIES AND OFFICIALS.—The

14 Tribe may permit the State of Florida, as agen15 cies or municipalities of the State of Florida to

16 provide for takeoffs or landings of aircraft on the

17 MRA for emergency operations or administrative

18 purposes.

19 (3) VISUAL QUALITY.—

20 (A) IN GENERAL.—In the planning, use,

21 and development of the MRA by the Tribe, the

22 Tribe shall consider the quality of the visual ex23 perience from the Shark River Valley visitor use

24 area, including limitations on the height and lo25 cations of billboards or other commercial signs or
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1 other advertisements visible from the Shark Val2 ley visitor center, tram road, or observation

3 tower.

4 (B) EXEMPTION OF MARKINGS.—The Tribe

5 may exempt markings on a water tower or

6 standpipe that merely identify the Tribe.

7 (d) EASEMENTS AND RANGER STATION.—Notwith8 standing any other provision of this Act, the following pro9 visions shall apply:

10 (1) NATURAL EASEMENTS.—

11 (A) IN GENERAL.—The use and occupancy

12 of the MRA by the Tribe shall be perpetually

13 subject to natural easements on parcels of land

14 that are—

15 (i) bounded on the north and south by

16 the boundaries of the MRA, specified in the

17 legal description under section 4(4); and

18 (ii) bounded on the east and west by

19 boundaries that run perpendicular to the

20 northern and southern boundaries of the

21 MRA, as provided in the description under

22 subparagraph (B).

23 (B) DESCRIPTION.—The description re24 ferred to in subparagraph (A)(ii) is as follows:
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1 (i) Easement number 1, being 445 feet

2 wide with western boundary 525 feet, and

3 eastern boundary 970 feet, east of the west4 ern boundary of the MRA.

5 (ii) Easement number 2, being 443 feet

6 wide with western boundary 3,637 feet, and

7 eastern boundary 4,080 feet, east of the

8 western boundary of the MRA.

9 (iii) Easement number 3, being 320

10 feet wide with western boundary 5,380 feet,

11 and eastern boundary 5,700 feet, east of the

12 western boundary of the MRA.

13 (iv) Easement number 4, being 290 feet

14 wide with western boundary 6,020 feet, and

15 eastern boundary 6,310 feet, east of the

16 western boundary of the MRA.

17 (v) Easement number 5, being 290 feet

18 wide with western boundary 8,170 feet, and

19 eastern boundary 8,460 feet, east of the

20 western boundary of the MRA.

21 (vi) Easement number 6, being 312 feet

22 wide with western boundary 8,920 feet, and

23 eastern boundary 9,232 feet, east of the

24 western boundary of the MRA.
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1 (2) EXTENT OF EASEMENTS.—The aggregate ex2 tent of the east-west parcels of lands subject to ease3 ments under paragraph (1) shall not exceed 2,100 lin4 ear feet, as depicted on the map referred to in section

5 4(4).

6 (3) USE OF EASEMENTS.—At the discretion of

7 the Secretary, the Secretary may use the natural ease8 ments specified in paragraph (1) to fulfill a

9 hydrological or other environmental objective of the

10 Everglades National Park.

11 (4) ADDITIONAL REQUIREMENTS.—In addition

12 to providing for the easements specified in paragraph

13 (1), the Tribe shall not impair or impede the contin14 ued function of the water control structures des15 ignated as ‘‘S–12A’’ and ‘‘S–12B’’, located north of

16 the MRA on the Tamiami Trail and any existing

17 water flow ways under the Old Tamiami Trail.

18 (5) USE BY DEPARTMENT OF THE INTERIOR.—

19 The Department of the Interior shall have a right, in

20 perpetuity, to use and occupy, and to have vehicular

21 and airboat access to, the Tamiami Ranger Station

22 identified on the map referred to in section 4(4), ex23 cept that the pad on which such station is constructed

24 shall not be increased in size without the consent of

25 the Tribe.
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1 SEC. 7. IMPLEMENTATION PROCESS.

2 (a) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—

3 The Secretary and the tribal chairman shall make reason4 able, good faith efforts to implement the requirements of this

5 Act. Those efforts may include government-to-government

6 consultations, and the development of standards of perform7 ance and monitoring protocols.

8 (b) FEDERAL MEDIATION AND CONCILIATION SERV9 ICE.—If the Secretary and the tribal chairman concur that

10 they cannot reach agreement on any significant issue relat11 ing to the implementation of the requirements of this Act,

12 the Secretary and the tribal chairman may jointly request

13 that the Federal Mediation and Conciliation Service assist

14 them in reaching a satisfactory agreement.

15 (c) 60-DAY TIME LIMIT.—The Federal Mediation and

16 Conciliation Service may conduct mediation or other non17 binding dispute resolution activities for a period not to ex18 ceed 60 days beginning on the date on which the Federal

19 Mediation and Conciliation Service receives the request for

20 assistance, unless the Secretary and the tribal chairman

21 agree to an extension of period of time.

22 (d) OTHER RIGHTS PRESERVED.—The facilitated dis23 pute resolution specified in this section shall not prejudice

24 any right of the parties to—

25 (1) commence an action in a court of the United

26 States at any time; or
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1 (2) any other resolution process that is not pro2 hibited by law.

3 SEC. 8. MISCELLANEOUS.

4 (a) NO GENERAL APPLICABILITY.—Nothing in this

5 Act creates any right, interest, privilege, or immunity af6 fecting any other Tribe or any other park or Federal lands.

7 (b) NONINTERFERENCE WITH FEDERAL AGENTS.—

8 (1) IN GENERAL.—Federal employees, agents, of9 ficers, and officials shall have a right of access to the

10 MRA—

11 (A) to monitor compliance with the provi12 sions of this Act; and

13 (B) for other purposes, as though it were a

14 Federal Indian reservation.

15 (2) STATUTORY CONSTRUCTION.—Nothing in this

16 Act shall authorize the Tribe or members or agents of

17 the Tribe to interfere with any Federal employee,

18 agent, officer, or official in the performance of official

19 duties (whether within or outside the boundaries of

20 the MRA) except that nothing in this paragraph may

21 prejudice any right under the Constitution of the

22 United States.

23 (c) FEDERAL PERMITS.—
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1 (1) IN GENERAL.—No Federal permit shall be

2 issued to the Tribe for any activity or structure that

3 would be inconsistent with this Act.

4 (2) CONSULTATIONS.—Any Federal agency con5 sidering an application for a permit for construction

6 or activities on the MRA shall consult with, and con7 sider the advice, evidence, and recommendations of

8 the Secretary before issuing a final decision.

9 (3) RULE OF CONSTRUCTION.—Except as other10 wise specifically provided in this Act, nothing in this

11 Act supersedes any requirement of any other applica12 ble Federal law.

13 (d) VOLUNTEER PROGRAMS AND TRIBAL INVOLVE14 MENT.—The Secretary may establish programs that foster

15 greater involvement by the Tribe with respect to the Park.

16 Those efforts may include internships and volunteer pro17 grams with tribal schoolchildren and with adult tribal

18 members.

19 (e) SAVING ECOSYSTEM RESTORATION.—

20 (1) IN GENERAL.—Nothing in this Act shall be

21 construed to amend or prejudice the authority of the

22 United States to design, construct, fund, operate, per23 mit, remove, or degrade canals, levees, pumps, im24 poundments, wetlands, flow ways, or other facilities,

25 structures, or systems, for the restoration or protec-
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1 tion of the South Florida ecosystem pursuant to Fed2 eral laws.

3 (2) USE OF NONEASEMENT LANDS.—

4 (A) IN GENERAL.—The Secretary may use

5 all or any part of the MRA lands to the extent

6 necessary to restore or preserve the quality,

7 quantity, timing, or distribution of surface or

8 groundwater, if other reasonable alternative

9 measures to achieve the same purpose are im10 practical.

11 (B) SECRETARIAL AUTHORITY.—The Sec12 retary may use lands referred to in subpara13 graph (A) either under an agreement with the

14 tribal chairman or upon an order of the United

15 States district court for the district in which the

16 MRA is located, upon petition by the Secretary

17 and finding by the court that—

18 (i) the proposed actions of the Sec19 retary are necessary; and

20 (ii) other reasonable alternative meas21 ures are impractical.

22 (3) COSTS.—

23 (A) IN GENERAL.—In the event the Sec24 retary exercises the authority granted the Sec25 retary under paragraph (2), the United States
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1 shall be liable to the Tribe or the members of the

2 Tribe for—

3 (i) cost of modification, removal, relo4 cation, or reconstruction of structures law5 fully erected in good faith on the MRA; and

6 (ii) loss of use of the affected land

7 within the MRA.

8 (B) PAYMENT OF COMPENSATION.—Any

9 compensation paid under subparagraph (A)

10 shall be paid as cash payments with respect to

11 taking structures and other fixtures and in the

12 form of rights to occupy similar land adjacent to

13 the MRA with respect to taking land.

14 (4) RULE OF CONSTRUCTION.—Paragraphs (2)

15 and (3) shall not apply to a natural easement de16 scribed in section 6(d)(1).

17 (f) PARTIES HELD HARMLESS.—

18 (1) UNITED STATES HELD HARMLESS.—

19 (A) IN GENERAL.—Subject to subparagraph

20 (B) with respect to any tribal member, tribal

21 employee, tribal contractor, tribal enterprise, or

22 any person residing within the MRA, notwith23 standing any other provision of law, the United

24 States (including an officer, agent, or employee

25 of the United States), shall not be liable for any
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1 action or failure to act by the Tribe (including

2 an officer, employee, or member of the Tribe), in3 cluding any failure to perform any of the obliga4 tions of the Tribe under this Act.

5 (B) RULE OF CONSTRUCTION.—Nothing in

6 this paragraph shall be construed to alter any li7 ability or other obligation that the United States

8 may have under the Indian Self-Determination

9 and Education Assistance Act (25 U.S.C. 450 et

10 seq.).

11 (2) TRIBE HELD HARMLESS.—Notwithstanding

12 any other provision of law, the Tribe and the mem13 bers of the Tribe shall not be liable for any injury,

14 loss, damage, or harm that—

15 (A) occurs with respect to the MRA; and

16 (B) is caused by an action or failure to act

17 by the United States, or the officer, agent, or em18 ployee of the United States (including the failure

19 to perform any obligation of the United States

20 under this Act).

21 (g) COOPERATIVE AGREEMENTS.—Nothing in this Act

22 shall alter the authority of the Secretary and the Tribe to

23 enter into any cooperative agreement, including any agree24 ment concerning law enforcement, emergency response, or

25 resource management.
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1 (h) WATER RIGHTS.—Nothing in this Act shall en2 hance or diminish any water rights of the Tribe, or mem3 bers of the Tribe, or the United States (with respect to the

4 Park).

5 (i) ENFORCEMENT.—

6 (1) ACTIONS BROUGHT BY ATTORNEY GEN7 ERAL.—The Attorney General may bring a civil ac8 tion in the United States district court for the district

9 in which the MRA is located, to enjoin the Tribe from

10 violating any provision of this Act.

11 (2) ACTION BROUGHT BY TRIBE.—The Tribe

12 may bring a civil action in the United States district

13 court for the district in which the MRA is located to

14 enjoin the United States from violating any provision

15 of this Act.

Amend the title so as to read: ‘‘A bill 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.’’.