IB
Union Calendar No. 158
105TH CONGRESS
1ST SESSION
H. R. 1476
[Report No. 105–278]
To settle certain Miccosukee Indian land takings claims within the State
of Florida.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1997
Mr. DIAZ-BALART introduced the following bill; which was referred to the
Committee on Resources
SEPTEMBER 29, 1997
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To settle certain Miccosukee Indian land takings claims
within the State of Florida.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Miccosukee Settlement
Act of 1997’’.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds and declares that—
(1) there is pending before the United States
District Court for the Southern District of Florida
a lawsuit by the Miccosukee Tribe which 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 this lawsuit clouds title of
certain lands used in the maintenance and operation
of the highway and hinders proper planning for fu-
ture 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, which agreement requires
consent of the Congress in connection with con-
templated land transfers;
(4) the settlement agreement is in the interests
of the Miccosukee Tribe in that the tribe will receive
certain monetary payments, new reservation land to
be held in trust by the United States, and other ben-
efits;
(5) land received by the United States pursuant
to the settlement agreement is in consideration of
Miccosukee Indian Reservation land lost by the
Miccosukee Tribe by virtue of transfer to the Florida
Department of Transportation under the settlement
agreement, and such United States land therefore
shall be held in trust by the United States for the
use and benefit of the Miccosukee Tribe as
Miccosukee Indian Reservation land in compensation
for the consideration given by the tribe in the settle-
ment agreement; and
(6) Congress shares with the parties to the set-
tlement agreement a desire to resolve the dispute
and settle the lawsuit.
SEC. 3. DEFINITIONS.
For the purposes of this Act—
(1) the terms ‘‘Miccosukee Tribe’’ and ‘‘tribe’’
mean the Miccosukee Tribe of Indians of Florida, a
tribe of American Indians recognized by the United
States and organized under section 16 of the Act of
June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), and
recognized by the State of Florida pursuant to chap-
ter 285, Florida Statutes;
(2) the term ‘‘Miccosukee land’’ means land
held in trust by the United States for the use and
benefit of the Miccosukee Tribe as Miccosukee In-
dian Reservation land which is identified pursuant
to the settlement agreement for transfer to the Flor-
ida Department of Transportation;
(3) the term ‘‘Florida Department of Transpor-
tation’’ means the executive branch department and
agency of the State of Florida responsible for,
among other matters, the construction and mainte-
nance of surface vehicle roads, existing pursuant to
section 20.23, Florida Statutes, with authority to
execute the settlement agreement pursuant to sec-
tion 334.044, Florida Statutes;
(4) the term ‘‘board of trustees of the Internal
Improvements Trust Fund’’ means the agency of the
State of Florida holding legal title to and responsible
for trust administration of certain lands of the State
of Florida, consisting of the Florida Governor, At-
torney General, Commissioner of Agriculture, Com-
missioner of Education, Controller, Secretary of
State, and Treasurer sitting as trustees;
(5) the term ‘‘State of Florida’’ means all agen-
cies or departments of the State of Florida, includ-
ing the Florida Department of Transportation and
the board of trustees of the Internal Improvements
Trust Fund, as well as the State itself as a govern-
mental entity;
(6) the term ‘‘Secretary’’ means the United
States Secretary of the Interior;
(7) the term ‘‘land transfers’’ means those
lands identified in the settlement agreement for
transfer from the United States to the Florida De-
partment of Transportation and those lands identi-
fied in the settlement agreement for transfer from
the State of Florida to the United States;
(8) the term ‘‘lawsuit’’ means the action in the
United States District Court for the Southern Dis-
trict of Florida, entitled Miccosukee Tribe of Indians
of Florida v. State of Florida and Florida Depart-
ment of Transportation, et al., docket number 91–
6285–Civ-Paine; and
(9) the terms ‘‘settlement agreement’’ and
‘‘agreement’’ mean those documents entitled ‘‘settle-
ment agreement’’ (with incorporated exhibits), which
identifies the lawsuit in the first paragraph, which
was signed on page 15 therein on August 28, 1996,
by Ben G. Watts (Secretary of the Florida Depart-
ment of Transportation) and Billy Cypress (Chair-
man of the Miccosukee Tribe), and thereafter con-
curred in by the board of trustees of the Internal
Improvements Trust Fund of the State of Florida.
SEC. 4. AUTHORITY OF SECRETARY.
As trustee for the Miccosukee Tribe, the Secretary
shall:
(1) Aid and assist in the fulfillment of the set-
tlement agreement at all times and in all reasonable
manner, 
and 
cooperate 
with 
and 
assist 
the
Miccosukee Tribe for this purpose.
(2) Upon finding that the settlement agreement
is legally sufficient and that the State of Florida and
its agencies have the necessary authority to fulfill
the agreement, sign the settlement agreement on be-
half of the United States, and have a representative
of the Bureau of Indian Affairs sign the settlement
agreement as well.
(3) Upon finding that all necessary conditions
precedent to the transfer of Miccosukee land to the
Florida Department of Transportation as provided
in the settlement agreement have been or will be met
so that the agreement has been or will be fulfilled
but for the execution of this land transfer and relat-
ed land transfers, transfer ownership of the
Miccosukee land to the Florida Department of
Transportation as provided in the settlement agree-
ment, including in such transfer solely and exclu-
sively that Miccosukee land identified in the settle-
ment agreement for such transfer and no other land.
(4) Upon finding that all necessary conditions
precedent to the transfer of Florida land to the
United States have been or will be met so that the
agreement has been or will be fulfilled but for the
execution of this land transfer and related land
transfers, receive and accept in trust for the use and
benefit of the Miccosukee Tribe ownership of all land
identified in the settlement agreement for transfer to
the United States, constituting thereby Indian Res-
ervation lands of the Miccosukee Tribe.