dreamproit/uscode huggingface dataset:
25 U.S.C. § 1745 (INDIANS)
§ 1745. Special provisions for Miccosukee Tribe
(a) Exemption of leasehold from State and local taxes
The leasehold interest granted the Miccosukee Tribe under the Lease Agreement shall be exempt from all State and local taxes.
(b) Treatment of leasehold as Indian reservation
The lands leased to the Miccosukee Tribe pursuant to the Lease Agreement shall be treated as if such lands constituted a federally recognized Indian reservation solely for purposes of determining the eligibility of the Miccosukee Tribe and its members for any Federal health, education, employment, economic assistance, revenue sharing, law enforcement over Indians, or social welfare programs, or any other similar Federal program for which Indians are eligible because of their status as Indians and of their residence on an Indian reservation.
(c) Power of State of Florida to diminish leasehold interests for public purposes
The State of Florida, through exercise of the power of eminent domain, may take or diminish any interest granted to the Miccosukee Tribe under the Lease Agreement only for a public purpose and upon payment of just compensation, but such taking or diminution shall not require the approval of Congress or any executive officer of the United States.
(d) Impairment of benefits received by State of Florida under other provisions
Nothing in this part or in any grant of leasehold rights by the State of Florida under the Lease Agreement shall affect or otherwise impair in any adverse manner any benefits received by the State of Florida under the Act of September 2, 1937 (16 U.S.C. 669 et seq.), or the Act of August 9, 1950 (16 U.S.C. 777 et seq.).
(Pub. L. 97–399, § 6, Dec. 31, 1982, 96 Stat. 2014.)
heading: References in Text
text: Act of September 2, 1937, referred to in subsec. (d), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended, known as the Pittman-Robertson Wildlife Restoration Act, and also as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 669 of Title 16 and Tables.
Act of August 9, 1950, referred to in subsec. (d), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended, known as the Dingell-Johnson Sport Fish Restoration Act, and also as the Federal Aid in Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§ 777 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 777 of Title 16 and Tables.
25 U.S.C. § 1746 (INDIANS)
§ 1746. Scope of rights or interests granted to Miccosukee Tribe; scope of civil and criminal jurisdiction of State of Florida
Nothing in this part shall grant to the Miccosukee Tribe any greater rights or interests in the leased area other than those expressly set forth in the Lease Agreement, and, notwithstanding any other provision of this part, nothing in this part shall diminish, modify, or otherwise affect the extent of the civil and criminal jurisdiction of the State of Florida in the leased area.
(Pub. L. 97–399, § 7, Dec. 31, 1982, 96 Stat. 2015.)
25 U.S.C. § 1747 (INDIANS)
§ 1747. Transfer of lands to United States
(a) Acceptance by Secretary
The Secretary is authorized and directed to accept the transfer to the United States, to be held in trust for the use and benefit of the Miccosukee Tribe of Indians of Florida, of the lands authorized to be conveyed to the Miccosukee Tribe by section 285.061, Florida Statutes, and the lands described in Dedication Deed No. 23228 from the Trustees of the Internal Improvement Trust Fund subject to the provisions of section 285.061, Florida Statutes, and of this section.
(b) Jurisdiction of State of Florida
(1) Notwithstanding the conveyance of any lands by the State of Florida to the United States in trust for the Miccosukee Tribe of Indians of Florida, the assumption of jurisdiction in favor of the State of Florida contained in section 285.16, Florida Statutes, pursuant to section 7 of the Act of August 15, 1953 (67 Stat. 588), as in effect prior to its repeal, shall continue in full force and effect on such lands unless the State shall retrocede such civil or criminal jurisdiction in whole or in part.
(2)
(A) The laws of Florida relating to alcoholic beverages (chapters 561, 562, 563, 564, and 565, Florida Statutes), gambling (chapter 849, Florida Statutes), sale of cigarettes (chapter 210, Florida Statutes), and their successor laws, shall have the same force and effect within said transferred lands as they have elsewhere within the State and the State shall have jurisdiction over offenses committed by or against Indians under said laws to the same extent the State has jurisdiction over said offenses committed elsewhere within the State.
(B) Nothing in subparagraph (A) shall permit the exercise of jurisdiction by the State of Florida as to any matter to which section 1162(b) of title 18 or section 1360(b) of title 28 applies.
(c) Transfer of lands as subject to existing leases, etc.; additional water rights
(1) Any transfer of lands under this section shall be subject to all existing leases, easements, and rights-of-way, and all the rights, easements, and reservations in favor of the Central and Southern Florida Flood Control District (now the South Florida Water Management District) and shall not increase, diminish, modify, or otherwise affect the extent to which chapter 373, Florida Statutes, and its successor laws, have force and effect within such lands.
(2) Any transfer of lands under this section shall not confer upon the Miccosukee Tribe, or upon the lands within the reservation, any additional water rights.
(Pub. L. 97–399, § 8, Dec. 31, 1982, 96 Stat. 2015.)
heading: References in Text
text: Section 7 of Act August 15, 1953 (67 Stat. 588), as in effect prior to its repeal, referred to in subsec. (b)(1), is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 590, which was set out as a note under section 1360 of Title 28, Judiciary and Judicial Procedure, and was repealed by Pub. L. 90–284, title IV, § 403(b), Apr. 11, 1968, 82 Stat. 79.
25 U.S.C. § 1748 (INDIANS)
§ 1748. Limitations of actions
Notwithstanding any other provision of law, any action to contest the constitutionality of this part shall be barred unless the complaint is filed within one hundred and eighty days after December 31, 1982. An action to contest the constitutionality of this part may only be brought in the United States District Court for the Southern District of Florida.
(Pub. L. 97–399, § 9, Dec. 31, 1982, 96 Stat. 2016.)
25 U.S.C. § 1749 (INDIANS)
§ 1749. Revocation of settlement
In the event the Settlement Agreement between the Miccosukee Tribe and the State of Florida is ever invalidated—
(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Miccosukee Tribe in paragraph 3 of the Settlement Agreement shall no longer be of any force or effect,
(2) section 1744 of this title shall be inapplicable to the lands, interests in lands, or natural resources of the Miccosukee Tribe and its members as if never enacted, and
(3) the approvals of prior transfers and the extinguishment of claims and aboriginal title of the Miccosukee Tribe otherwise effected by section 1744 of this title shall be void ab initio.
(Pub. L. 97–399, § 10, Dec. 31, 1982, 96 Stat. 2016.)
25 U.S.C. § 1750 (INDIANS)
§ 1750. 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 connection 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 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.
(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.
(Pub. L. 105–83, title VII, § 702, Nov. 14, 1997, 111 Stat. 1624.)
heading: Short Title
text: Pub. L. 105–83, title VII, § 701, Nov. 14, 1997, 111 Stat. 1624, provided that: “This title [enacting this part] may be cited as the ‘Miccosukee Settlement Act of 1997’.”
25 U.S.C. § 1750a (INDIANS)
§ 1750a. Definitions
In this part:
(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, consisting of the Governor, Attorney General, Commissioner of Agriculture, Commissioner of Education, Controller, Secretary of State, and Treasurer of the State of Florida, who are Trustees of the Board.
(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 Agreement 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 Florida, 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 476 of this title and recognized 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 incorporated 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.
(Pub. L. 105–83, title VII, § 703, Nov. 14, 1997, 111 Stat. 1624.)
25 U.S.C. § 1750c (INDIANS)
§ 1750c. 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 Agreement in accordance with subparagraph (A), cooperate with and assist the Miccosukee Tribe;
(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 Department 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 Agreement 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 ownership of all land identified in the Settlement Agreement for transfer to the United States.
(Pub. L. 105–83, title VII, § 705, Nov. 14, 1997, 111 Stat. 1625.)
25 U.S.C. § 1750d (INDIANS)
§ 1750d. Miccosukee Indian Reservation lands
The lands transferred and held in trust for the Miccosukee Tribe under section 1750c(4) of this title shall be Miccosukee Indian Reservation lands.
(Pub. L. 105–83, title VII, § 706, Nov. 14, 1997, 111 Stat. 1626.)
25 U.S.C. § 1750e (INDIANS)
§ 1750e. Miscellaneous
(a) Rule of construction
Nothing in this part 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 part or the Settlement Agreement shall result in any reduction 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 part or the Settlement Agreement shall be taxable under Federal or State law.
(B) Lands
None of the lands conveyed to the Miccosukee Tribe under this part or the Settlement Agreement shall be taxable under Federal or State law.
(2) Payments and conveyances not taxable events
No payment or conveyance referred to in paragraph (1) shall be considered to be a taxable event.
(Pub. L. 105–83, title VII, § 707, Nov. 14, 1997, 111 Stat. 1626.)
heading: References in Text
text: This part, referred to in text, was in the original “this Act” and was translated as reading “this title”, meaning title VII of Pub. L. 105–83 to reflect the probable intent of Congress.
25 U.S.C. § 1751 (INDIANS)
§ 1751. Congressional findings
The Congress finds that—
(a) there is pending before the United States District Court for the District of Connecticut a civil action entitled “Western Pequot Tribe of Indians against Holdridge Enterprises Incorporated, et al., Civil Action Numbered H76–193 (D. Conn.),” which involves Indian claims to certain public and private lands within the town of Ledyard, Connecticut;
(b) the pendency of this lawsuit has placed a cloud on the titles to much of the land in the town of Ledyard, including lands not involved in the lawsuit, which has resulted in severe economic hardships for the residents of the town;
(c) the Congress shares with the State of Connecticut and the parties to the lawsuit a desire to remove all clouds on titles resulting from such Indian land claims;
(d) the parties to the lawsuit and others interested in the settlement of Indian land claims within the State of Connecticut have reached an agreement which requires implementing legislation by the Congress of the United States and the Legislature of the State of Connecticut;
(e) the Western Pequot Tribe, as represented as of October 18, 1983, by the Mashantucket Pequot Tribal Council, is the sole successor in interest to the aboriginal entity generally known as the Western Pequot Tribe which years ago claimed aboriginal title to certain lands in the State of Connecticut; and
(f) the State of Connecticut is contributing twenty acres of land owned by the State of Connecticut to fulfill this subchapter. The State of Connecticut will construct and repair three sections of paved or gravel roadways within the reservation of the Tribe. The State of Connecticut has provided special services to the members of the Western Pequot Tribe residing within its borders. The United States has provided few, if any, special services to the Western Pequot Tribe and has denied that it had jurisdiction over or responsibility for said Tribe. In view of the provision of land by the State of Connecticut, the provision of paved roadways by the State of Connecticut, and the provision of special services by the State of Connecticut without being required to do so by Federal law, it is the intent of Congress that the State of Connecticut not be required to otherwise contribute directly to this claims settlement.
(Pub. L. 98–134, § 2, Oct. 18, 1983, 97 Stat. 851.)
heading: Codification
text: In subsec. (e), “October 18, 1983” substituted for “the time of the passage of this Act”, meaning the date of approval of Pub. L. 98–134.
heading: Short Title
text: Pub. L. 98–134, § 1, Oct. 18, 1983, 97 Stat. 851, provided: “That this Act [enacting this subchapter] may be cited as the ‘Mashantucket Pequot Indian Claims Settlement Act’.”
25 U.S.C. § 1752 (INDIANS)
§ 1752. Definitions
For the purposes of this subchapter—
(1) The term “Tribe” means the Mashantucket Pequot Tribe (also known as the Western Pequot Tribe) as identified by chapter 832 of the Connecticut General Statutes and all its predecessors and successors in interest. The Mashantucket Pequot Tribe is represented, as of October 18, 1983, by the Mashantucket Pequot Tribal Council.
(2) The term “land or natural resources” means any real property or natural resources, or any interest in or right involving any real property or natural resources, including without limitation minerals and mineral rights, timber and timber rights, water and water rights, and hunting and fishing rights.
(3) The term “private settlement lands” means—
(A) the eight hundred acres, more or less, of privately held land which are identified by a red outline on a map filed with the secretary of the State of Connecticut in accordance with the agreement referred to in section 1751(d) of this title, and
(B) the lands known as the Cedar Swamp which are adjacent to the Mashantucket Pequot Reservation as it exists on October 18, 1983. Within thirty days of October 18, 1983, the secretary of the State of Connecticut shall transmit to the Secretary a certified copy of said map.
(4) The term “settlement lands” means—
(A) the lands described in sections 2(a) and 3 of the Act To Implement the Settlement of the Mashantucket Pequot Indian Land Claims as enacted by the State of Connecticut and approved on June 9, 1982, and
(B) the private settlement lands.
(5) The term “Secretary” means the Secretary of the Interior.
(6) The term “transfer” means any transaction involving, or any transaction the purpose of which was to effect, a change in title to or control of any land or natural resources, and any act, event, or circumstance that resulted in a change in title to, possession of, dominion over, or control of land or natural resources, including any sale, grant, lease, allotment, partition, or conveyance, whether pursuant to a treaty, compact, or statute of a State or otherwise.
(7) The term “reservation” means the existing reservation of the Tribe as defined by chapter 824 of the Connecticut General Statutes and any settlement lands taken in trust by the United States for the Tribe.
(Pub. L. 98–134, § 3, Oct. 18, 1983, 97 Stat. 852.)
heading: Codification
text: In pars. (1) and (3)(B), “October 18, 1983” substituted for “the date of the enactment of this Act” and “the enactment of this Act”, meaning the date of approval of Pub. L. 98–134.
25 U.S.C. § 1755 (INDIANS)
§ 1755. State jurisdiction over reservation
Notwithstanding the provision relating to a special election in section 406 of the Act of April 11, 1968 (82 Stat. 80; 25 U.S.C. 1326), the reservation of the Tribe is declared to be Indian country subject to State jurisdiction to the maximum extent provided in title IV of such Act [25 U.S.C. 1321 et seq.].
(Pub. L. 98–134, § 6, Oct. 18, 1983, 97 Stat. 855.)
heading: References in Text
text: Act of April 11, 1968, referred to in text, is Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil Rights Act of 1968. Title IV of Pub. L. 90–284 is classified generally to subchapter III (§ 1321 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42, The Public Health and Welfare, and Tables.
25 U.S.C. § 1756 (INDIANS)
§ 1756. Practice and procedure
(a) Constitutionality
Notwithstanding any other provision of law, the constitutionality of this subchapter may not be drawn into question in any action unless such question has been raised in—
(1) a pleading contained in a complaint filed before the end of the one-hundred-and-eighty-day period beginning on October 18, 1983, or
(2) an answer contained in a reply to a complaint before the end of such period.
(b) Jurisdiction
Notwithstanding any other provision of law, exclusive jurisdiction of any action in which the constitutionality of this subchapter is drawn into question is vested in the United States District Court for the District of Connecticut.
(c) Removal of actions
Any action to which subsection (a) of this section applies and which is brought in the court of any State may be removed by the defendant to the United States District Court for the District of Connecticut.
(d) Jurisdictional acts; implied consent to sue the United States
Except as provided in this subchapter, no provision of this subchapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by the operation of this subchapter.
(Pub. L. 98–134, § 7, Oct. 18, 1983, 97 Stat. 855.)
heading: Codification
text: In subsec. (a)(1), “October 18, 1983” substituted for “the date of the enactment of this Act”, meaning the date of approval of Pub. L. 98–134.