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ment, or improvement in any area that is des-
ignated as a natural easement.
(b) HEIGHT RESTRICTIONS.—
(1) RESTRICTIONS.—Except as provided in
paragraphs (2) through (4), no structure con-
structed within the MRA shall exceed the height of
45 feet or exceed 2 stories, except that a structure
within the Miccosukee Government Center, as shown
on the map referred to in section 4(4), shall not ex-
ceed the height of 70 feet.
(2) EXCEPTIONS.—The following types of struc-
tures are exempt from the restrictions of this section
to the extent necessary for the health, safety, or wel-
fare of the tribal members, and for the utility of the
structures:
(A) Water towers or standpipes.
(B) Radio towers.
(C) Utility lines.
(3) WAIVER.—The Secretary may waive the re-
strictions of this subsection if the Secretary finds
that the needs of the Tribe for the structure that is
taller than structure allowed under the restrictions
would outweigh the adverse effects to the Park or its
visitors.
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(4) GRANDFATHER CLAUSE.—Any structure ap-
proved by the Secretary before the date of enact-
ment of this Act, and for which construction com-
mences not later than 12 months after the date of
enactment of this Act, shall not be subject to the
provisions of this subsection.
(5) MEASUREMENT.—The heights specified in
this subsection shall be measured from mean sea
level.
(c) OTHER CONDITIONS.—
(1) GAMING.—No class II or class III gaming
(as those terms are defined in section 4 (7) and (8)
of the Indian Gaming Regulatory Act (25 U.S.C.
2703 (7) and (8)) shall be conducted within the
MRA.
(2) AVIATION.—
(A) IN GENERAL.—No commercial aviation
may be conducted from or to the MRA.
(B) EMERGENCY
OPERATORS.—Takeoffs
and landings of aircraft shall be allowed for
emergency operations and administrative use by
the Tribe or the United States, including re-
source management and law enforcement.
(C) STATE
AGENCIES
AND
OFFICIALS.—
The Tribe may permit the State of Florida, as
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agencies or municipalities of the State of Flor-
ida to provide for takeoffs or landings of air-
craft on the MRA for emergency operations or
administrative purposes.
(3) VISUAL QUALITY.—
(A) IN GENERAL.—In the planning, use,
and development of the MRA by the Tribe, the
Tribe shall consider the quality of the visual ex-
perience from the Shark River Valley visitor use
area, including limitations on the height and lo-
cations of billboards or other commercial signs
or other advertisements visible from the Shark
Valley visitor center, tram road, or observation
tower.
(B) 
EXEMPTION
OF
MARKINGS.—The
Tribe may exempt markings on a water tower
or standpipe that merely identify the Tribe.
(d) EASEMENTS AND RANGER STATION.—Notwith-
standing any other provision of this Act, the following pro-
visions shall apply:
(1) NATURAL EASEMENTS.—
(A) IN GENERAL.—The use and occupancy
of the MRA by the Tribe shall be perpetually
subject to natural easements on parcels of land
that are—
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(i) bounded on the north and south by
the boundaries of the MRA, specified in
the legal description under section 4(4);
and
(ii) bounded on the east and west by
boundaries that run perpendicular to the
northern and southern boundaries of the
MRA, as provided in the description under
subparagraph (B).
(B) DESCRIPTION.—The description re-
ferred to in subparagraph (A)(ii) is as follows:
(i) Easement number 1, being 445
feet wide with western boundary 525 feet,
and eastern boundary 970 feet, east of the
western boundary of the MRA.
(ii) Easement number 2, being 443
feet wide with western boundary 3,637
feet, and eastern boundary 4,080 feet, east
of the western boundary of the MRA.
(iii) Easement number 3, being 320
feet wide with western boundary 5,380
feet, and eastern boundary 5,700 feet, east
of the western boundary of the MRA.
(iv) Easement number 4, being 290
feet wide with western boundary 6,020
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feet, and eastern boundary 6,310 feet, east
of the western boundary of the MRA.
(v) Easement number 5, being 290
feet wide with western boundary 8,170
feet, and eastern boundary 8,460 feet, east
of the western boundary of the MRA.
(vi) Easement number 6, being 312
feet wide with western boundary 8,920
feet, and eastern boundary 9,232 feet, east
of the western boundary of the MRA.
(2) EXTENT OF EASEMENTS.—The aggregate
extent of the east-west parcels of lands subject to
easements under paragraph (1) shall not exceed
2,100 linear feet, as depicted on the map referred to
in section 4(4).
(3) USE OF EASEMENTS.—At the discretion of
the Secretary, the Secretary may use the natural
easements specified in paragraph (1) to fulfill a
hydrological or other environmental objective of the
Everglades National Park.
(4) ADDITIONAL REQUIREMENTS.—In addition
to providing for the easements specified in para-
graph (1), the Tribe shall not impair or impede the
continued function of the water control structures
designated as ‘‘S–12A’’ and ‘‘S–12B’’, located north
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of the MRA on the Tamiami Trail and any existing
water flow ways under the Old Tamiami Trail.
(5) USE BY DEPARTMENT OF THE INTERIOR.—
The Department of the Interior shall have a right,
in perpetuity, to use and occupy, and to have vehicu-
lar and airboat access to, the Tamiami Ranger Sta-
tion identified on the map referred to in section
4(4), except that the pad on which such station is
constructed shall not be increased in size without the
consent of the Tribe.
SEC. 7. IMPLEMENTATION PROCESS.
(a) 
GOVERNMENT-TO-GOVERNMENT
AGREE-
MENTS.—The Secretary and the tribal chairman shall
make reasonable, good faith efforts to implement the re-
quirements of this Act. Those efforts may include govern-
ment-to-government consultations, and the development of
standards of performance and monitoring protocols.
(b) FEDERAL MEDIATION AND CONCILIATION SERV-
ICE.—If the Secretary and the tribal chairman concur that
they cannot reach agreement on any significant issue re-
lating to the implementation of the requirements of this
Act, the Secretary and the tribal chairman may jointly re-
quest that the Federal Mediation and Conciliation Service
assist them in reaching a satisfactory agreement.
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(c) 60-DAY TIME LIMIT.—The Federal Mediation
and Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period not
to exceed 60 days beginning on the date on which the Fed-
eral Mediation and Conciliation Service receives the re-
quest for assistance, unless the Secretary and the tribal
chairman agree to an extension of period of time.
(d) OTHER RIGHTS PRESERVED.—The facilitated
dispute resolution specified in this section shall not preju-
dice any right of the parties to—
(1) commence an action in a court of the
United States at any time; or
(2) any other resolution process that is not pro-
hibited by law.
SEC. 8. MISCELLANEOUS.
(a) NO GENERAL APPLICABILITY.—Nothing in this
Act creates any right, interest, privilege, or immunity af-
fecting any other Tribe or any other park or Federal
lands.
(b) NONINTERFERENCE WITH FEDERAL AGENTS.—
(1) IN GENERAL.—Federal employees, agents,
officers, and officials shall have a right of access to
the MRA—
(A) to monitor compliance with the provi-
sions of this Act; and
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(B) for other purposes, as though it were
a Federal Indian reservation.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this Act shall authorize the Tribe or members or
agents of the Tribe to interfere with any Federal
employee, agent, officer, or official in the perform-
ance of official duties (whether within or outside the
boundaries of the MRA) except that nothing in this
paragraph may prejudice any right under the Con-
stitution of the United States.
(c) FEDERAL PERMITS.—
(1) IN GENERAL.—No Federal permit shall be
issued to the Tribe for any activity or structure that
would be inconsistent with this Act.
(2) CONSULTATIONS.—Any Federal agency con-
sidering an application for a permit for construction
or activities on the MRA shall consult with, and con-
sider the advice, evidence, and recommendations of
the Secretary before issuing a final decision.
(3) RULE OF CONSTRUCTION.—Except as oth-
erwise specifically provided in this Act, nothing in
this Act supersedes any requirement of any other
applicable Federal law.
(d) VOLUNTEER PROGRAMS AND TRIBAL INVOLVE-
MENT.—The Secretary may establish programs that foster
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greater involvement by the Tribe with respect to the Park.
Those efforts may include internships and volunteer pro-
grams with tribal schoolchildren and with adult tribal
members.
(e) SAVING ECOSYSTEM RESTORATION.—
(1) IN GENERAL.—Nothing in this Act shall be
construed to amend or prejudice the authority of the
United States to design, construct, fund, operate,
permit, remove, or degrade canals, levees, pumps,
impoundments, wetlands, flow ways, or other facili-
ties, structures, or systems, for the restoration or
protection of the South Florida ecosystem pursuant
to Federal laws.
(2) USE OF NONEASEMENT LANDS.—
(A) IN GENERAL.—The Secretary may use
all or any part of the MRA lands to the extent
necessary to restore or preserve the quality,
quantity, timing, or distribution of surface or
groundwater, if other reasonable alternative
measures to achieve the same purpose are im-
practical.
(B) SECRETARIAL AUTHORITY.—The Sec-
retary may use lands referred to in subpara-
graph (A) either under an agreement with the
tribal chairman or upon an order of the United
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States district court for the district in which
the MRA is located, upon petition by the Sec-
retary and finding by the court that—
(i) the proposed actions of the Sec-
retary are necessary; and
(ii) other reasonable alternative meas-
ures are impractical.
(3) COSTS.—
(A) IN GENERAL.—In the event the Sec-
retary exercises the authority granted the Sec-
retary under paragraph (2), the United States
shall be liable to the Tribe or the members of
the Tribe for—
(i) cost of modification, removal, relo-
cation, or reconstruction of structures law-
fully erected in good faith on the MRA;
and
(ii) loss of use of the affected land
within the MRA.
(B) PAYMENT
OF
COMPENSATION.—Any
compensation paid under subparagraph (A)
shall be paid as cash payments with respect to
taking structures and other fixtures and in the
form of rights to occupy similar land adjacent
to the MRA with respect to taking land.
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(4) RULE OF CONSTRUCTION.—Paragraphs (2)
and (3) shall not apply to a natural easement de-
scribed in section 6(d)(1).
(f) PARTIES HELD HARMLESS.—
(1) UNITED STATES HELD HARMLESS.—
(A) IN
GENERAL.—Subject to subpara-
graph (B) with respect to any tribal member,
tribal employee, tribal contractor, tribal enter-
prise, or any person residing within the MRA,
notwithstanding any other provision of law, the
United States (including an officer, agent, or
employee of the United States), shall not be lia-
ble for any action or failure to act by the Tribe
(including an officer, employee, or member of
the Tribe), including any failure to perform any
of the obligations of the Tribe under this Act.
(B) RULE OF CONSTRUCTION.—Nothing in
this paragraph shall be construed to alter any
liability or other obligation that the United
States may have under the Indian Self-Deter-
mination and Education Assistance Act (25
U.S.C. 450 et seq.).
(2) TRIBE HELD HARMLESS.—Notwithstanding
any other provision of law, the Tribe and the mem-
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bers of the Tribe shall not be liable for any injury,
loss, damage, or harm that—
(A) occurs with respect to the MRA; and
(B) is caused by an action or failure to act
by the United States, or the officer, agent, or
employee of the United States (including the
failure to perform any obligation of the United
States under this Act).
(g) COOPERATIVE AGREEMENTS.—Nothing in this
Act shall alter the authority of the Secretary and the Tribe
to enter into any cooperative agreement, including any
agreement concerning law enforcement, emergency re-
sponse, or resource management.
(h) WATER RIGHTS.—Nothing in this Act shall en-
hance or diminish any water rights of the Tribe, or mem-
bers of the Tribe, or the United States (with respect to
the Park).
(i) ENFORCEMENT.—
(1) ACTIONS
BROUGHT
BY
ATTORNEY
GEN-
ERAL.—The Attorney General may bring a civil ac-
tion in the United States district court for the dis-
trict in which the MRA is located, to enjoin the
Tribe from violating any provision of this Act.
(2) ACTION BROUGHT BY TRIBE.—The Tribe
may bring a civil action in the United States district
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court for the district in which the MRA is located
to enjoin the United States from violating any provi-
sion of this Act.
Passed the House of Representatives October 12,
1998.
Attest:
ROBIN H. CARLE,
Clerk.