H. R. 2107—75
180 days after the enactment of this Act, the Secretary of the
Interior shall convey to the State of Montana, without consideration,
all right, title, and interest of the United States in and to—
(1) $10,000,000 in Federal mineral rights in the State
of Montana agreed to by the Secretary of the Interior and
the Governor of Montana through negotiations in accordance
with subsection (b); or
(2) all Federal mineral rights in the tracts in Montana
depicted as Otter Creek number 1, 2, and 3 on the map entitled
‘‘Ashland Map’’.
(b) NEGOTIATIONS.—The Secretary of the Interior shall promptly
enter into negotiations with the Governor of Montana for purposes
of subsection (a)(1) to determine and agree to mineral rights owned
by the United States having a fair market value of $10,000,000.
(c) FEDERAL LAW NOT APPLICABLE
TO CONVEYANCE.—Any
conveyance under subsection (a) shall not be subject to the Mineral
Leasing Act (30 U.S.C. 181 et seq.).
(d) AVAILABILITY OF MAP.—The Secretary of the Interior shall
keep the map referred to in subsection (a)(2) on file and available
for public inspection in appropriate offices of the Department of
the Interior located in the District of Columbia and Billings, Mon-
tana, until January 1, 2001.
(e) CONVEYANCE DEPENDENT UPON ACQUISITION.—No convey-
ance pursuant to subsection (a) shall take place unless the acquisi-
tion authorized in section 502(a) is executed.
SEC. 504. The acquisitions authorized by sections 501 and 502
of this title may not occur prior to the earlier of: (1) 180 days
after enactment of this Act; or (2) enactment of separate authorizing
legislation that modifies section 501, 502, or 503 of this title. Within
120 days of enactment, the Secretary of the Interior and the Sec-
retary of Agriculture, respectively, shall submit to the Committee
on Resources of the House of Representatives, the Senate Commit-
tee on Energy and Natural Resources and the House and Senate
Committees on Appropriations, reports detailing the status of efforts
to meet the conditions set forth in this title imposed on the acquisi-
tion of the interests to protect and preserve the Headwaters Forest
and the acquisition of interests to protect and preserve Yellowstone
National Park. For every day beyond 120 days after the enactment
of this Act that the appraisals required in subsections 501(b)(5)
and 502(b)(2) are not provided to the Committee on Resources
of the House, the Committee on Energy and Natural Resources
of the Senate and the House and Senate Committees on Appropria-
tions in accordance with such subsections, the 180-day period ref-
erenced in this section shall be extended by one day.
SEC. 505. The Land and Water Conservation Fund Act of 1965
(Public Law 88–578; 78 Stat. 897) (16 U.S.C. 460l–4 through 11)
is amended by moving section 13 (as added by section 1021(b)
of the Omnibus Parks and Public Lands Management Act of 1996;
110 Stat. 4210) so as to appear in title I of that Act following
section 12.
TITLE VI—FOREST RESOURCES CONSERVATION AND
SHORTAGE RELIEF
SEC. 601. SHORT TITLE.—This title may be cited as the ‘‘Forest
Resources Conservation and Shortage Relief Act of 1997’’.
H. R. 2107—76
SEC. 602. (a) USE OF UNPROCESSED TIMBER–LIMITATION ON
SUBSTITUTION
OF
UNPROCESSED
FEDERAL
TIMBER
FOR
UNPROCESSED TIMBER FROM PRIVATE LAND.—Section 490 of the
Forest Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620b) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘paragraph (3) and’’
after ‘‘provided in’’; and
(B) by adding at the end the following:
‘‘(3) APPLICABILITY.—In the case of the purchase by a person
of unprocessed timber originating from Federal lands west of
the 119th meridian in the State of Washington, paragraph
(1) shall apply only if—
‘‘(A) the private lands referred to in paragraph (1)
are owned by the person; or
‘‘(B) the person has the exclusive right to harvest tim-
ber from the private lands described in paragraph (1) dur-
ing a period of more than 7 years, and may exercise that
right at any time of the person’s choosing.’’;
(2) in subsection (c)—
(A) in the subsection heading, by striking ‘‘APPROVAL
OF’’;
(B) in paragraph (2)—
(i) in the paragraph heading, by inserting ‘‘FOR
SOURCING AREAS FOR PROCESSING FACILITIES LOCATED
OUTSIDE
THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA’’; after ‘‘APPLICATION’’; and
(ii) in subparagraph (A), by inserting ‘‘(except pri-
vate land located in the northwestern private timber
open market area)’’ after ‘‘lands’’;
(C) in paragraph (3)—
(i) in the paragraph heading, by inserting ‘‘FOR
SOURCING AREAS FOR PROCESSING FACILITIES LOCATED
OUTSIDE OF THE NORTHWESTERN PRIVATE TIMBER OPEN
MARKET AREA.—(A) IN GENERAL’’; after ‘‘APPROVAL’’; and
(ii) by striking the last sentence of paragraph (3)
and adding at the end the following:
‘‘(B) FOR TIMBER MANUFACTURING FACILITIES LOCATED
IN
IDAHO.—Except as provided in subparagraph (D), in
making a determination referred to in subparagraph (A),
the Secretary concerned shall consider the private timber
export and the private and Federal timber sourcing pat-
terns for the applicant’s timber manufacturing facilities,
as well as the private and Federal timber sourcing patterns
for the timber manufacturing facilities of other persons
in the same local vicinity of the applicant, and the relative
similarity of such private and Federal timber sourcing pat-
terns.
‘‘(C) FOR TIMBER MANUFACTURING FACILITIES LOCATED
IN
STATES
OTHER
THAN
IDAHO.—Except as provided in
subparagraph (D), in making the determination referred
to in subparagraph (A), the Secretary concerned shall con-
sider the private timber export and the Federal timber
sourcing patterns for the applicant’s timber manufacturing
facilities, as well as the Federal timber sourcing patterns
for the timber manufacturing facilities of other persons
in the same local vicinity of the applicant, and the relative
H. R. 2107—77
similarity of such Federal timber sourcing patterns. Private
timber sourcing patterns shall not be a factor in such
determinations in States other than Idaho.
‘‘(D) AREA
NOT
INCLUDED.—In deciding whether to
approve or disapprove an application, the Secretary shall
not—
‘‘(i) consider land located in the northwestern pri-
vate timber open market area; or
‘‘(ii) condition approval of the application on the
inclusion of any such land in the applicant’s sourcing
area, such land being includable in the sourcing area
only to the extent requested by the applicant.’’;
(D) in paragraph (4), in the paragraph heading, by
inserting ‘‘FOR SOURCING AREAS FOR PROCESSING FACILITIES
LOCATED
OUTSIDE
THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN MARKET AREA’’; after ‘‘APPLICATION’’;
(E) in paragraph (5), in the paragraph heading, by
inserting ‘‘FOR SOURCING AREAS FOR PROCESSING FACILITIES
LOCATED
OUTSIDE
THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN MARKET AREA’’; after ‘‘DETERMINATIONS’’; and
(F) by adding at the end the following:
‘‘(6) SOURCING AREAS FOR PROCESSING FACILITIES LOCATED
IN THE NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA.—
‘‘(A) ESTABLISHMENT.—In the northwestern private
timber open market area—
‘‘(i) a sourcing area boundary shall be a circle
around the processing facility of the sourcing area
applicant or holder;
‘‘(ii) the radius of the circle—
‘‘(I) shall be the furthest distance that the
sourcing area applicant or holder proposes to haul
Federal timber for processing at the processing
facility; and
‘‘(II) shall be determined solely by the sourcing
area applicant or holder;
‘‘(iii) a sourcing area shall become effective on writ-
ten notice to the Regional Forester for Region 6 of
the Forest Service of the location of the boundary of
the sourcing area;
‘‘(iv) the 24-month requirement in paragraph (1)(A)
shall not apply;
‘‘(v) a sourcing area holder—
‘‘(I) may adjust the radius of the sourcing area
not more frequently than once every 24 months;
and
‘‘(II) shall provide written notice to the
Regional Forester for Region 6 of the adjusted
boundary of its sourcing area before using the
adjusted sourcing area; and
‘‘(vi) a sourcing area holder that relinquishes a
sourcing area may not reestablish a sourcing area for
that processing facility before the date that is 24
months after the date on which the sourcing area
was relinquished.
‘‘(B) TRANSITION.—With respect to a portion of a
sourcing area established before the date of enactment
H. R. 2107—78
of this paragraph that contains Federal timber under con-
tract before that date and is outside the boundary of a
new sourcing area established under subparagraph (A)—
‘‘(i) that portion shall continue to be a sourcing
area only until unprocessed Federal timber from the
portion is no longer in the possession of the sourcing
area holder; and
‘‘(ii) unprocessed timber from private land in that
portion 
shall 
be 
exportable 
immediately 
after
unprocessed timber from Federal land in the portion
is no longer in the possession of the sourcing area
holder.
‘‘(7) RELINQUISHMENT
AND
TERMINATION
OF
SOURCING
AREAS.—
‘‘(A) IN GENERAL.—A sourcing area may be relinquished
at any time.
‘‘(B) EFFECTIVE DATE.—A relinquishment of a sourcing
area shall be effective as of the date on which written
notice is provided by the sourcing area holder to the
Regional Forester with jurisdiction over the sourcing area
where the processing facility of the holder is located.
‘‘(C) EXPORTABILITY.—
‘‘(i) IN
GENERAL.—On relinquishment or termi-
nation of a sourcing area, unprocessed timber from
private land within the former boundary of the relin-
quished or terminated sourcing area is exportable
immediately after unprocessed timber from Federal
land from within that area is no longer in the posses-
sion of the former sourcing area holder.
‘‘(ii) 
NO
RESTRICTION.—The 
exportability 
of
unprocessed timber from private land located outside
of a sourcing area shall not be restricted or in any
way affected by relinquishment or termination of a
sourcing area.’’; and
(3) by adding at the end the following:
‘‘(d) DOMESTIC TRANSPORTATION AND PROCESSING OF PRIVATE
TIMBER.—Nothing in this section restricts or authorizes any restric-
tion on the domestic transportation or processing of timber har-
vested from private land, except that the Secretary may prohibit
processing facilities located in the State of Idaho that have sourcing
areas from processing timber harvested from private land outside
of the boundaries of those sourcing areas.’’.
(b) RESTRICTION OF EXPORTS OF UNPROCESSED TIMBER FROM
STATE AND PUBLIC LAND.—Section 491(b)(2) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2))
is amended—
(1) by striking ‘‘the following’’ and all that follows through
‘‘(A) The Secretary’’ and inserting ‘‘the Secretary’’;
(2) by striking ‘‘during the period beginning on June 1,
1993, and ending on December 31, 1995’’ and inserting ‘‘as
of the date of enactment of the Forest Resources Conservation
and Shortage Relief Act of 1997’’; and
(3) by striking subparagraph (B).
SEC. 603. MONITORING AND ENFORCEMENT.—Section 492 of the
Forest Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620d) is amended—
(1) in subsection (c)(2), by adding at the end the following:
H. R. 2107—79
‘‘(C) MITIGATION OF PENALTIES.—
‘‘(i) IN GENERAL.—The Secretary concerned—
‘‘(I) in determining the applicability of any
penalty imposed under this paragraph, shall take
into account all relevant mitigating factors, includ-
ing mistake, inadvertence, and error; and
‘‘(II) based on any mitigating factor, may, with
respect to any penalty imposed under this para-
graph—
‘‘(aa) reduce the penalty;
‘‘(bb) not impose the penalty; or
‘‘(cc) on condition of there being no further
violation under this paragraph for a prescribed
period, suspend imposition of the penalty.
‘‘(ii) CONTRACTURAL REMEDIES.—In the case of a
minor violation of this title (including a regulation),
the Secretary concerned shall, to the maximum extent
practicable, permit a contracting officer to redress the
violation in accordance with the applicable timber sale
contract rather than assess a penalty under this para-
graph.’’; and
(2) in subsection (d)(1)—
(A) by striking ‘‘The head’’ and inserting the following:
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
head’’; and
(B) by adding at the end the following:
‘‘(B) PREREQUISITES FOR DEBARMENT.—
‘‘(i) IN GENERAL.—No person may be debarred from
bidding for or entering into a contract for the purchase
of unprocessed timber from Federal lands under
subparagraph (A) unless the head of the appropriate
Federal department or agency first finds, on the record
and after an opportunity for a hearing, that debarment
is warranted.
‘‘(ii) WITHHOLDING OF AWARDS DURING DEBARMENT
PROCEEDINGS.—The head of an appropriate Federal
department or agency may withhold an award under
this title of a contract for the purchase of unprocessed
timber from Federal lands during a debarment proceed-
ing.’’.
SEC. 604. DEFINITIONS.—Section 493 of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e)
is amended—
(1) by redesignating paragraphs (3) through (8) as para-
graphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the following:
‘‘(3) MINOR VIOLATION.—The term ‘minor violation’ means
a violation, other than an intentional violation, involving a
single contract, purchase order, processing facility, or log yard
involving a quantity of logs that is less than 25 logs and
has a total value (at the time of the violation) of less than
$10,000.
‘‘(4) NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA.—
The term ‘northwestern private timber open market area’
means the State of Washington.’’;
(3) in subparagraph (B)(ix) of paragraph (9) (as redesig-
nated by paragraph (1))—
H. R. 2107—80
(A) by striking ‘‘Pulp logs or cull logs’’ and inserting
‘‘Pulp logs, cull logs, and incidental volumes of grade 3
and 4 sawlogs’’;
(B) by inserting ‘‘primary’’ before ‘‘purpose’’; and
(C) by striking the period at the end and inserting:
‘‘, or to the extent that a small quantity of such logs
are processed, into other products at domestic processing
facilities.’’; and
(4) by adding at the end the following:
‘‘(11) VIOLATION.—The term ‘violation’ means a violation
of this Act (including a regulation issued to implement this
Act) with regard to a course of action, including—
‘‘(A) in the case of a violation by the original purchaser
of unprocessed timber, an act or omission with respect
to a single timber sale; and
‘‘(B) in the case of a violation of a subsequent purchaser
of the timber, an act or omission with respect to an oper-
ation at a particular processing facility or log yard.’’.
SEC. 605. REGULATIONS.—Section 495(a) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620f(a))
is amended—
(1) by striking ‘‘The Secretaries’’ and inserting the
following:
‘‘(1) AGRICULTURE AND INTERIOR.—The Secretaries’’;
(2) by striking ‘‘The Secretary of Commerce’’ and inserting
the following:
‘‘(2) COMMERCE.—The Secretary of Commerce’’; and
(3) by striking the last sentence and inserting the following:
‘‘(3) DEADLINE.—
‘‘(A) IN
GENERAL.—Except as otherwise provided in
this title, regulations and guidelines required under this
subsection shall be issued not later than June 1, 1998.
‘‘(B) The regulations and guidelines issued under this
title that were in effect prior to September 8, 1995 shall
remain in effect until new regulations and guidelines are
issued under subparagraph (A).
‘‘(4) PAINTING AND BRANDING.—
‘‘(A) IN GENERAL.—The Secretary concerned shall issue
regulations that impose reasonable painting, branding, or
other forms of marking or tracking requirements on
unprocessed timber if—
‘‘(i) the benefits of the requirements outweigh the
cost of complying with the requirements; and
‘‘(ii) the Secretary determines that, without the
requirements, it is likely that the unprocessed timber—
‘‘(I) would be exported in violation of this
title; or
‘‘(II) if the unprocessed timber originated from
Federal 
lands, 
would 
be 
substituted 
for
unprocessed timber originating from private lands
west of the 100th Meridian in the contiguous 48
States in violation of this title.
‘‘(B) MINIMUM SIZE.—The Secretary concerned shall not
impose painting, branding, or other forms of marking or
tracking requirements on—
‘‘(i) the face of a log that is less than 7 inches
in diameter; or
H. R. 2107—81
‘‘(ii) unprocessed timber that is less than 8 feet
in length or less than 1⁄3 sound wood.
‘‘(C) WAIVERS.—
‘‘(i) IN
GENERAL.—The Secretary concerned may
waive log painting and branding requirements—
‘‘(I) for a geographic area, if the Secretary
determines that the risk of the unprocessed timber
being exported from the area or used in substi-
tution is low;
‘‘(II) with respect to unprocessed timber origi-
nating from private lands located within an
approved sourcing area for a person who certifies
that the timber will be processed at a specific
domestic processing facility to the extent that the
processing does occur; or
‘‘(III) as part of a log yard agreement that
is consistent with the purposes of the export and
substitution restrictions imposed under this title.
‘‘(ii) REVIEW
AND
TERMINATION
OF
WAIVERS.—A
waiver granted under clause (i)—
‘‘(I) shall, to the maximum extent practicable,
be reviewed once a year; and
‘‘(II) shall remain effective until terminated
by the Secretary.
‘‘(D) FACTORS.—In making a determination under this
paragraph, the Secretary concerned shall consider—
‘‘(i) the risk of unprocessed timber of that species,
grade, and size being exported or used in substitution;
‘‘(ii) the location of the unprocessed timber and
the effect of the location on its being exported or used
in substitution;
‘‘(iii) the history of the person involved with respect
to compliance with log painting and branding require-
ments; and
‘‘(iv) any other factor that is relevant to determin-
ing the likelihood of the unprocessed timber being
exported or used in substitution.
‘‘(5) REPORTING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary concerned shall issue regulations that impose
reasonable documentation and reporting requirements if
the benefits of the requirements outweigh the cost of
complying with the requirements.
‘‘(B) WAIVERS.—
‘‘(i) IN
GENERAL.—The Secretary concerned may
waive documentation and reporting requirements for
a person if—
‘‘(I) an audit of the records of the facility of
the person reveals substantial compliance with all
notice, reporting, painting, and branding require-
ments during the preceding year; or
‘‘(II) the person transferring the unprocessed
timber and the person processing the unprocessed
timber enter into an advance agreement with the
Secretary concerned regarding the disposition of
the unprocessed timber by domestic processing.
H. R. 2107—82
‘‘(ii) REVIEW
AND
TERMINATION
OF
WAIVERS.—A
waiver granted under clause (i)—
‘‘(I) shall, to the maximum extent practicable,
be reviewed once a year; and
‘‘(II) shall remain effective until terminated
by the Secretary.’’.
TITLE VII—MICCOSUKEE SETTLEMENT
SEC. 701. SHORT TITLE.—This title may be cited as the
‘‘Miccosukee Settlement Act of 1997’’.
SEC. 702. 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 connec-
tion 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 Improve-
ments 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 trust by the United States
for the use and benefit of the Miccosukee Tribe as Miccosukee
Indian Reservation lands in compensation for the consideration
given by the Tribe in the Settlement Agreement.
(8) Congress shares with the parties to the Settlement
Agreement a desire to resolve the dispute and settle the lawsuit.
SEC. 703. DEFINITIONS.—In this title:
(1) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTS
TRUST
FUND.—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, consist-
ing of the Governor, Attorney General, Commissioner of Agri-
culture, Commissioner of Education, Controller, Secretary of
State, and Treasurer of the State of Florida, who are Trustees
of the Board.
H. R. 2107—83
(2) FLORIDA DEPARTMENT OF TRANSPORTATION.—The term
‘‘Florida Department of Transportation’’ means the executive
branch department and agency of the State of Florida that—
(A) is responsible for the construction and maintenance
of surface vehicle roads, existing pursuant to section 20.23,
Florida Statutes; and
(B) has the authority to execute the Settlement Agree-
ment pursuant to section 334.044, Florida Statutes.
(3) LAWSUIT.—The term ‘‘lawsuit’’ means the action in the
United States District Court for the Southern District of Flor-
ida, entitled Miccosukee Tribe of Indians of Florida v. State
of Florida and Florida Department of Transportation, et al.,
docket No. 6285–Civ–Paine.
(4) MICCOSUKEE
LANDS.—The term ‘‘Miccosukee lands’’
means lands that are—
(A) held in trust by the United States for the use
and benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation lands; and
(B) identified pursuant to the Settlement Agreement
for transfer to the Florida Department of Transportation.
(5) MICCOSUKEE
TRIBE; TRIBE.—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, chapter 576; 25 U.S.C. 476) and recog-
nized by the State of Florida pursuant to chapter 285, Florida
Statutes.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) SETTLEMENT
AGREEMENT; 
AGREEMENT.—The terms
‘‘Settlement Agreement’’ and ‘‘Agreement’’ mean the assemblage
of documents entitled ‘‘Settlement Agreement’’ (with incor-
porated exhibits) that—
(A) addresses the lawsuit; and
(B)(i) was signed on August 28, 1996, by Ben G. Watts
(Secretary of the Florida Department of Transportation)
and Billy Cypress (Chairman of the Miccosukee Tribe);
and
(ii) after being signed, as described in clause (i), was
concurred in by the Board of Trustees of the Internal
Improvements Trust Fund of the State of Florida.
(8) STATE
OF
FLORIDA.—The term ‘‘State of Florida’’
means—
(A) all agencies or departments of the State of Florida,
including the Florida Department of Transportation and
the Board of Trustees of the Internal Improvements Trust
Fund; and
(B) the State of Florida as a governmental entity.
SEC. 704. RATIFICATION.—The United States approves, ratifies,
and confirms the Settlement Agreement.
SEC. 705. AUTHORITY
OF SECRETARY.—As Trustee for the
Miccosukee Tribe, the Secretary shall—
(1)(A) aid and assist in the fulfillment of the Settlement
Agreement at all times and in a reasonable manner; and
(B) to accomplish the fulfillment of the Settlement Agree-
ment in accordance with subparagraph (A), cooperate with and
assist the Miccosukee Tribe;
H. R. 2107—84
(2) upon finding that the Settlement Agreement is legally
sufficient and that the State of Florida has the necessary
authority to fulfill the Agreement—
(A) sign the Settlement Agreement on behalf of the
United States; and
(B) ensure that an individual other than the Secretary
who is a representative of the Bureau of Indian Affairs
also signs the Settlement Agreement;
(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 that land transfer
and related land transfers—
(A) transfer ownership of the Miccosukee land to the
Florida Department of Transportation in accordance with
the Settlement Agreement, including in the transfer solely
and exclusively that Miccosukee land identified in the
Settlement Agreement for transfer to the Florida Depart-
ment of Transportation; and
(B) in conjunction with the land transfer referred to
in subparagraph (A), transfer no land other than the land
referred to in that subparagraph to the Florida Department
of Transportation; and
(4) upon finding that all necessary conditions precedent
to the transfer of Florida lands from the State of Florida to
the United States have been or will be met so that the Agree-
ment has been or will be fulfilled but for the execution of
that land transfer and related land transfers, receive and accept
in trust for the use and benefit of the Miccosukee Tribe owner-
ship of all land identified in the Settlement Agreement for
transfer to the United States.
SEC. 706. MICCOSUKEE INDIAN RESERVATION LANDS.—The lands
transferred and held in trust for the Miccosukee Tribe under section
705(4) shall be Miccosukee Indian Reservation lands.
SEC. 707. MISCELLANEOUS. (a) RULE
OF
CONSTRUCTION.—
Nothing in this Act or the Settlement Agreement shall—
(1) affect the eligibility of the Miccosukee Tribe or its
members to receive any services or benefits under any program
of the Federal Government; or
(2) diminish the trust responsibility of the United States
to the Miccosukee Tribe and its members.
(b) NO REDUCTIONS IN PAYMENTS.—No payment made pursuant
to this Act or the Settlement Agreement shall result in any reduc-
tion or denial of any benefits or services under any program of
the Federal Government to the Miccosukee Tribe or its members,
with respect to which the Tribe or the members of the Tribe are
entitled or eligible because of the status of—
(1) the Miccosukee Tribe as a federally recognized Indian
tribe; or
(2) any member of the Miccosukee Tribe as a member
of the Tribe.
(c) TAXATION.—
(1) IN GENERAL.—
(A) MONEYS.—None of the moneys paid to the
Miccosukee Tribe under this Act or the Settlement Agree-
ment shall be taxable under Federal or State law.