II
105TH CONGRESS
2D SESSION
H. R. 3055
IN THE SENATE OF THE UNITED STATES
OCTOBER 13 (legislative day, OCTOBER 2), 1998
Received
AN ACT
To deem the activities of the Miccosukee Tribe on the
Miccosukee Reserved Area to be consistent with the pur-
poses of the Everglades National Park, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Miccosukee Reserved
Area Act’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1964, the Miccosukee Tribe of Indi-
ans of Florida have lived and governed their own af-
fairs on a strip of land on the northern edge of the
Everglades National Park pursuant to permits from
the National Park Service and other legal authority.
The current permit expires in 2014.
(2) Since the commencement of the Tribe’s per-
mitted use and occupancy of the Special Use Permit
Area, the Tribe’s membership has grown, as have
the needs and desires of the Tribe and its members
for modern housing, governmental and administra-
tive facilities, schools and cultural amenities, and re-
lated structures.
(3) The United States, the State of Florida, the
Miccosukee Tribe, and the Seminole Tribe of Florida
are participating in a major intergovernmental effort
to restore the South Florida ecosystem, including
the restoration of the environment of the Park.
(4) The Special Use Permit Area is located
within the northern boundary of the Park, which is
critical to the protection and restoration of the Ever-
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SEC. 4. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) EVERGLADES.—The term ‘‘Everglades’’
means the areas within the Florida Water Conserva-
tion Areas, Everglades National Park, and Big Cy-
press National Preserve.
(3) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ means an agency, as that term is defined
in section 551(1) of title 5, United States Code.
(4) MICCOSUKEE RESERVED AREA; MRA.—
(A) IN GENERAL.—The term ‘‘Miccosukee
Reserved Area’’ or ‘‘MRA’’ means, notwith-
standing any other provision of law and subject
to the limitations specified in section 6(d) of
this Act, the portion of the Everglades National
Park described in subparagraph (B) that is de-
picted on the map entitled ‘‘Miccosukee Re-
served Area’’ numbered NPS–160/41,038, and
dated September 30, 1998, copies of which
shall be kept available for public inspection in
the offices of the National Park Service, De-
partment of the Interior, and shall be filed with
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appropriate officers of Miami-Dade County and
the Miccosukee Tribe of Indians of Florida.
(B) DESCRIPTION.—The description of the
lands referred to in subparagraph (A) is as fol-
lows: ‘‘Beginning at the western boundary of
Everglades National Park at the west line of
sec. 20, T. 54 S., R. 35 E., thence E. following
the Northern boundary of said Park in T. 54
S., Rs. 35 and 36 E., to a point in sec. 19, T.
54 S., R. 36 E., 500 feet west of the existing
road known as Seven Mile Road, thence 500
feet south from said point, thence west parallel-
ing the Park boundary for 3,200 feet, thence
south for 600 feet, thence west, paralleling the
Park boundary to the west line of sec. 20, T.
54 S., R. 35 E., thence N. 1,100 feet to the
point of beginning.’’.
(5) PARK.—The term ‘‘Park’’ means the Ever-
glades National Park, including any additions to
that Park.
(6) PERMIT.—The term ‘‘permit’’, unless other-
wise specified, means any federally issued permit, li-
cense, certificate of public convenience and necessity,
or other permission of any kind.
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(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior or the designee of the
Secretary.
(8) SOUTH
FLORIDA
ECOSYSTEM.—The term
‘‘South Florida ecosystem’’ has the meaning given
that term in section 528(a)(4) of the Water Re-
sources Development Act of 1996 (Public Law 104–
303).
(9) SPECIAL
USE
PERMIT
AREA.—The term
‘‘special use permit area’’ means the area of 333.3
acres on the northern boundary of the Park reserved
for the use, occupancy, and governance of the Tribe
under a special use permit before the date of enact-
ment of this Act.
(10) TRIBE.—The term ‘‘Tribe’’, unless other-
wise specified, means the Miccosukee Tribe of Indi-
ans of Florida, a tribe of American Indians recog-
nized by the United States and organized under sec-
tion 16 of the Act of June 18, 1934 (48 Stat. 987;
25 U.S.C. 476), and recognized by the State of Flor-
ida pursuant to chapter 285, Florida Statutes.
(11) TRIBAL.—The term ‘‘tribal’’ means of or
pertaining to the Miccosukee Tribe of Indians of
Florida.
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(12) TRIBAL
CHAIRMAN.—The term ‘‘tribal
chairman’’ means the duly elected chairman of the
Miccosukee Tribe of Indians of Florida, or the des-
ignee of that chairman.
SEC. 
5. 
TRIBAL 
RIGHTS 
AND 
AUTHORITY 
ON 
THE
MICCOSUKEE RESERVED AREA.
(a) SPECIAL USE PERMIT TERMINATED.—
(1) TERMINATION.—The special use permit
dated February 1, 1973, issued by the Secretary to
the Tribe, and any amendments to that permit, are
terminated.
(2) EXPANSION
OF
SPECIAL
USE
PERMIT
AREA.—The geographical area contained in the
former special use permit area referred to in para-
graph (1) shall be expanded pursuant to this Act
and known as the Miccosukee Reserved Area.
(3) GOVERNANCE OF AFFAIRS IN MICCOSUKEE
RESERVED AREA.—Subject to the provisions of this
Act and other applicable Federal law, the Tribe shall
govern its own affairs and otherwise make laws and
apply those laws in the MRA as though the MRA
were a Federal Indian reservation.
(b) PERPETUAL USE AND OCCUPANCY.—The Tribe
shall have the exclusive right to use and develop the MRA
in perpetuity in a manner consistent with this Act for pur-
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poses of the administration, education, housing, and cul-
tural activities of the Tribe, including commercial services
necessary to support those purposes.
(c) INDIAN COUNTRY STATUS.—The MRA shall be—
(1) considered to be Indian country (as that
term is defined in section 1151 of title 18, United
States Code); and
(2) treated as a federally recognized Indian res-
ervation solely for purposes of—
(A) determining the authority of the Tribe
to govern its own affairs and otherwise make
laws and apply those laws within the MRA; and
(B) the eligibility of the Tribe and its
members for any Federal health, education, em-
ployment, economic assistance, revenue sharing,
or social welfare programs, or any other similar
Federal program for which Indians are eligible
because of their—
(i) status as Indians; and
(ii) residence on or near an Indian
reservation.
(d) EXCLUSIVE
FEDERAL
JURISDICTION
PRE-
SERVED.—The exclusive Federal legislative jurisdiction as
applied to the MRA as in effect on the date of enactment
of this Act shall be preserved. The Act of August 15,
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1953, 67 Stat. 588, chapter 505 and the amendments
made by that Act, including section 1162 of title 18,
United States Code, as added by that Act and section
1360 of title 28, United States Code, as added by that
Act, shall not apply with respect to the MRA.
(e) OTHER RIGHTS PRESERVED.—Nothing in this
Act shall affect any rights of the Tribe under Federal law,
including the right to use other lands or waters within the
Park for other purposes, including, fishing, boating, hik-
ing, camping, cultural activities, or religious observances.
SEC. 6. PROTECTION OF EVERGLADES NATIONAL PARK.
(a) ENVIRONMENTAL PROTECTION AND ACCESS RE-
QUIREMENTS.—
(1) IN GENERAL.—The MRA shall remain with-
in the boundaries of the Park and be a part of the
Park in a manner consistent with this Act.
(2) COMPLIANCE
WITH
APPLICABLE
LAWS.—
The Tribe shall be responsible for compliance with
all applicable laws, except as otherwise provided by
this Act.
(3) PREVENTION
OF
DEGRADATION; ABATE-
MENT.—
(A) PREVENTION OF DEGRADATION.—Pur-
suant to the requirements of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
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the Tribe shall prevent and abate degradation
of the quality of surface or groundwater that is
released into other parts of the Park, as fol-
lows:
(i) With respect to water entering the
MRA which fails to meet applicable water
quality standards approved by the Admin-
istrator under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), ac-
tions of the Tribe shall not further degrade
water quality.
(ii) With respect to water entering the
MRA which meets applicable water quality
standards approved by the Administrator
under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Tribe
shall not cause the water to fail to comply
with applicable water quality standards.
(B) PREVENTION AND ABATEMENT.—The
Tribe shall prevent and abate disruption of the
restoration or preservation of the quantity, tim-
ing, or distribution of surface or groundwater
that would enter the MRA and flow, directly or
indirectly, into other parts of the Park, but only
to the extent that such disruption is caused by
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conditions, activities, or structures within the
MRA.
(C) PREVENTION OF SIGNIFICANT PROPA-
GATION OF EXOTIC PLANTS AND ANIMALS.—
The Tribe shall prevent significant propagation
of exotic plants or animals outside the MRA
that may otherwise be caused by conditions, ac-
tivities, or structures within the MRA.
(D) PUBLIC ACCESS TO CERTAIN AREAS
OF
THE
PARK.—The Tribe shall not impede
public access to those areas of the Park outside
the boundaries of the MRA, and to and from
the Big Cypress National Preserve, except that
the Tribe shall not be required to allow individ-
uals who are not members of the Tribe access
to the MRA other than Federal employees,
agents, officers, and officials (as provided in
this Act).
(E) PREVENTION OF SIGNIFICANT CUMU-
LATIVE ADVERSE ENVIRONMENTAL IMPACTS.—
(i) IN
GENERAL.—The Tribe shall
prevent and abate any significant cumu-
lative adverse environmental impact on the
Park outside the MRA resulting from de-
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velopment or other activities within the
MRA.
(ii) PROCEDURES.—Not later than 12
months after the date of enactment of this
Act, the Tribe shall develop, publish, and
implement procedures that shall ensure
adequate public notice and opportunity to
comment on major tribal actions within the
MRA that may contribute to a significant
cumulative adverse impact on the Ever-
glades ecosystem.
(iii) WRITTEN
NOTICE.—The proce-
dures in clause (ii) shall include timely
written notice to the Secretary and consid-
eration of the Secretary’s comments.
(F) WATER QUALITY STANDARDS.—
(i) IN GENERAL.—Not later than 12
months after the date of enactment of this
Act, the Tribe shall adopt and comply with
water quality standards within the MRA
that are at least as protective as the water
quality standards for the area encompassed
by Everglades National Park approved by
the Administrator under the Federal
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Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(ii) TRIBAL WATER QUALITY STAND-
ARDS.—The Tribe may not adopt water
quality standards for the MRA under
clause (i) that are more restrictive than
the water quality standards adopted by the
Tribe for contiguous reservation lands that
are not within the Park.
(iii) EFFECT OF FAILURE TO ADOPT
OR PRESCRIBE STANDARDS.—In the event
the Tribe fails to adopt water quality
standards referred to in clause (i), the
water quality standards applicable to the
Everglades National Park, approved by the
Administrator under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et
seq.), shall be deemed to apply by oper-
ation of Federal law to the MRA until
such time as the Tribe adopts water qual-
ity standards that meet the requirements
of this subparagraph.
(iv) MODIFICATION OF STANDARDS.—
If, after the date of enactment of this Act,
the standards referred to in clause (iii) are
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revised, not later than 1 year after those
standards are revised, the Tribe shall make
such revisions to water quality standards
of the Tribe as are necessary to ensure
that those water quality standards are at
least as protective as the revised water
quality standards approved by the Admin-
istrator.
(v) EFFECT OF FAILURE TO MODIFY
WATER
QUALITY
STANDARDS.—If 
the
Tribe fails to revise water quality stand-
ards in accordance with clause (iv), the re-
vised water quality standards applicable to
the Everglades Park, approved by the Ad-
ministrator under the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et
seq.) shall be deemed to apply by operation
of Federal law to the MRA until such time
as the Tribe adopts water quality stand-
ards that are at least as protective as the
revised water quality standards approved
by the Administrator.
(G) NATURAL
EASEMENTS.—The Tribe
shall not engage in any construction, develop-