Miccosukee Reserved Area Act
PL 105-313 (H.R.3055), enacted 10/30/1998

112 STAT. 2964 
PUBLIC LAW 105-313—OCT. 30, 1998 
Oct. 30, 1998 
Public Law 105-313 
105th Congress 
An Act 
To deem the activities of the Miccosukee Tribe on the Miccosukee Reserved Area 
to be consistent with the purposes of the Everglades National Park, and for 
[H.R. 3055] 
other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Miccosukee 
the United States of America in Congress assembled, 
Reserved Area 
Act. 
SECTION 1. SHORT TITLE. 
N&tivc 
Americans. 
This Act may be cited as the "Miccosukee Reserved Area Act". 
Florida. 
16 u s e 410 note. 
SEC. 2. FINDINGS. 
16 u s e 410 note. 
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Congress finds the following: 
(1) Since 1964, the Miccosukee Tribe of Indians of Florida 
have lived and governed their own affairs 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 permitted 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 
administrative facilities, schools and cultural amenities, and 
related 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 protec-
tion and restoration of the Everglades, as well as to the cultural 
values of the Miccosukee Tribe. 
(5) The interests of both the Miccosukee Tribe and the 
United States would be enhanced by a further delineation 
of the rights and obligations of each with respect to the Special 
Use Permit Area and to the Park as a whole. 
(6) The amount and location of land allocated to the Tribe 
fulfills the purposes of the Park. 
(7) The use of the Miccosukee Reserved Area by the 
Miccosukee Tribe does not constitute an abandonment of the 
Park. 
16 u s e 410 note. 
SEC. 3. PURPOSES. 
The purposes of this Act are as follows: 
PUBLIC LAW 105-313—OCT. 30, 1998 
112 STAT. 2965 
(1) To replace the special use permit with a legal framework 
under which the Tribe can live permanently and govern the 
Tribe's own affairs in a modem community within the Park. 
(2) To protect the Park outside the boundaries of the 
Miccosukee Reserved Area from adverse effects of structures 
or activities within that area, and to support restoration of 
the South Florida ecosystem, including restoring the environ-
ment of the Park. 
SEC. 4. DEFINITIONS. 
16 USC 410 note. 
In this Act: 
(1) ADMINISTRATOR.—^The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 
(2) EVERGLADES.—^The term "Everglades" meeins the areas 
within the Florida Water Conservation Areas, Everglades 
National Park, and Big Cypress 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, notwithstanding any other provi-
sion 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 depicted on 
the map entitled "Miccosukee Reserved 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, Department of 
the Interior, and shall be filed with 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 follows: "Beginning 
at the western boimdary 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 paralleling 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 Everglades National 
Park, including any additions to that Park. 
(6) PERMIT.—^The term "permit", unless otherwise specified, 
means any federally issued permit, license, certificate of public 
convenience and necessity, or other permission of any kind. 
(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 Resources Development Act of 1996 (Public Law 
104-303). 
112 STAT. 2966 
PUBLIC LAW 105-313—OCT. 30, 1998 
(9) SPECIAL USE PERMIT AREA.—^The term "special use per-
mit area" means the area of 333,3 acres on the northern bound-
ary of the Park reserved for the use, occupancy, and governance 
of the Tribe under a special use permit before the date of 
the enactment of this Act. 
f 
(10) TRIBE.—^The term "Tribe", unless otherwise specified, 
means the Miccosukee Tribe of Indians of Florida, a tribe 
of American Indians recognized by the United States and orga-
nized 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 chapter 285, Florida Statutes. 
(11) TRIBAL.—^The term "tribal" means of or pertaining 
to the Miccosukee Tribe of Indiains of Florida. 
(12) TRIBAL CHAIRMAN.—The term "tribal chairman" means 
the duly elected chairman of the Miccosukee Tribe of Indians 
of Florida, or the designee of that chairman. 
16 use 410 note. 
SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE MICCOSUKEE 
RESERVED AREA. 
(a) SPECL\L USE PERMIT TERMINATED.— 
(1) TERMINATION.—^The special use permit dated February 
1, 1973, issued by the Secretary to the Tribe, and any amend-
ments to that permit, are terminated. 
(2) EXPANSION OF SPECIAL USE PERMIT AREA.—^The geo-
graphical area contained in the former special use permit area 
referred to in paragraph (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 other-
wise 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 purposes of the administra-
tion, education, housing, and cultural activities of the Tribe, includ-
ing 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 reservation 
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, emplo3mient, economic 
assistance, revenue sharing, or social welfare progreuns, 
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 PRESERVED.—-The exclu-
sive Federal legislative jurisdiction as applied to the MRA as in 
effect on the date of the enactment of this Act shall be preserved. 
The Act of August 15, 1953, 67 Stat. 588, chapter 505 and the 
amendments made by that Act, including section 1162 of title 
PUBLIC LAW 105-313—OCT. 30, 1998 
112 STAT. 2967 
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, hiking, camping, cultural activities, or 
religious observances. 
SEC. 6. PROTECTION OF EVERGLADES NATIONAL PARK. 
16 USC 410 note. 
(a) ENVIRONMENTAL PROTECTION AND ACCESS REQUIREMENTS.— 
(1) IN GENERAL.—^The MRA shall remain within the bound-
aries 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 compliaince with all applicable laws, except 
as otherwise provided by this Act. 
(3) PREVENTION OF DEGRADATION; ABATEMENT.— 
(A) 
PREVENTION OF DEGRADATION.—Pursuant to 
the 
requirements of the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.), the Tribe shall prevent and abate 
degradation of the quality of surface or groundwater that 
is released into other parts of the Park, as follows: 
(i) With respect to water entering the MRA which 
fails to meet applicable water quality standards 
approved by the Administrator under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
actions 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 pre-
vent and abate disruption of the restoration or preservation 
of the quantity, timing, or distribution of surface or ground-
water 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 conditions, activi-
ties, or structures withm the MRA. 
(C) 
PREVENTION OF SIGNIFICANT PROPAGATION OF 
EXOTIC PLANTS AND ANIMALS.—^The Tribe shall prevent 
significant propagation of exotic plants or amimals outside 
the MRA that may otherwise be caused by conditions, 
activities, 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 individuals who 
axe 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 CUMULATIVE ADVERSE 
ENVIRONMENTAL IMPACTS.— 
112 STAT. 2968 
PUBLIC LAW 105-313—OCT. 30, 1998 
Deadline. 
Deadline. 
(i) IN GENERAL.—The Tribe shall prevent and abate 
any significant 
cumulative adverse 
environmental 
impact on the Park outside the MRA resulting fi-om 
development or other activities within the MRA. 
(ii) PROCEDURES.—Not later than 12 months after 
the date of the enactment of this Act, the Tribe shall 
develop, publish, and implement procedures that shall 
ensure adequate public notice and opportunity to com-
ment on major tribal actions within the MRA that 
may contribute to a significant cumulative adverse 
impact on the Everglades ecosystem. 
(iii) WRITTEN NOTICE.—^The procedures in clause 
(ii) shall include timely written notice to the Secretary 
and consideration of the Secretary's comments. 
(F) WATER QUALITY STANDARDS.— 
(i) IN GENERAL.—^Not later than 12 months after 
the date of the 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 Ever-
glades National Park approved by the Administrator 
under the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.). 
(ii) TRIBAL WATER QUALITY STANDARDS.—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 operation 
of Federal law to the MRA until such time as the 
Tribe adopts water quality standards that meet the 
requirements of this subparagraph, 
(iv) MODIFICATION OF STANDARDS.—If, after the 
date of the enactment of this Act, the standards 
referred to in clause (iii) are 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 
Administrator. 
(v) EFFECT OF FAILURE TO MODIFY WATER QUALITY 
STANDARDS.—If the Tribe fails to revise water quality 
standards in accordance with clause (iv), the revised 
water quality standards applicable to the Everglades 
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 operation of Federal law 
to the MRA until such time as the Tribe adopts water 
quality standards that are at least as protective as 
PUBLIC LAW 105-313—OCT. 30, 1998 
112 STAT. 2969 
the revised water quality standards approved by the 
Administrator. 
(G) NATURAL EASEMENTS.—The Tribe shall not engage 
in any construction, development, or improvement in any 
area that is designated as a natural easement. 
(b) HEIGHT RESTRICTIONS.— 
(1) RESTRICTIONS.—^Except as provided in paragraphs (2) 
through (4), no structure constructed 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 exceed 
the height of 70 feet. 
(2) EXCEPTIONS.—^The following types of structures are 
exempt from the restrictions of this section to the extent nec-
essary for the health, safety, or welfare of the tribal members, 
and for the utility of the structures: 
(A) Water towers or standpipes. 
(B) Radio towers. 
(C) Utihty lines. 
(3) WAIVER.—^The Secretary may waive the restrictions of 
this subsection if the Secretary finds that the needs of the 
Tribe for the structure that is taller than structures allowed 
under the restrictions would outweigh the adverse effects to 
the Park or its visitors. 
(4) GRANDFATHER CLAUSE.—^Any structure approved by the 
Secretary before the date of the enactment of this Act, and 
for which construction commences not later than 12 months 
after the date of the enactment of this Act, shall not be subject 
to the provisions of this subsection. 
(5) MEASUREMENT.—The heights specified in this sub-
section 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 con-
ducted 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 resource management and law enforcement. 
(C) STATE AGENCIES AND OFFICIALS.-The Tribe may 
permit the State of Florida, as agencies or municipalities 
of the State of Florida to provide for takeoffs or landings 
of aircraft on the MRA for emergency operations or 
administrative purposes. 
(3) VISUAL QUALITY.— 
(A) IN GENERAL.—^In the planning, use, and develop-
ment of the MRA by the Tribe, the Tribe shall consider 
the quality of the visual experience from the Shark River 
Valley visitor use area, including limitations on the height 
and locations of billboards or other commercial signs or 
other advertisements visible from the Shark Valley visitor 
center, tram road, or observation tower. 
112 STAT. 2970 
PUBLIC LAW 105-313—OCT. 30, 1998 
(B) EXEMPTION OP MARKINGS.—^The Tribe may exempt 
markings on a water tower or standpipe that merely iden-
tify the Tribe. 
(d) EASEMENTS AND RANGER STATION.—^Notwithstanding any 
other provision of this Act, the following provisions shall apply: 
(1) NATURAL EASEMENTS.— 
(A) IN GENERAL.—^The use and occupancy of the MRA 
by the Tribe shall be perpetually subject to natural ease-
ments on parcels of land that are— 
(i) bounded on the north and south by the bound-
aries 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 referred to in 
subparagraph (A)(ii) is as follows: 
(i) Easement number 1, being 445 feet wide with 
western boimdary 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 boundsiry 6,020 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 boundgiry of the MRA. 
(2) EXTENT OF EASEMENTS.—The aggregate extent of the 
east-west parcels of lands subject to easements under para-
graph (1) shall not exceed 2,100 linear feet, as depicted on 
the map referred to in section 4(4). 
(3) USE OP EASEMENTS.—^At the discretion of the Secretary, 
the Secretary may use the natural easements specified in para-
graph (1) to fulfill a hydrological or other environmental objec-
tive of the Everglades National Park. 
(4) ADDITIONAL REQUIREMENTS.—In addition to providing 
for the easements specified in paragraph (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 
of the MRA on the Tamiami Trail and any existing water 
flow ways under the Old Tamiami Trail. 
(5) U S E BY DEPARTMENT OP THE INTERIOR.—The Depart-
ment of the Interior shall have a right, in perpetuity, to use 
and occupy, and to have vehicular and airboat access to, the 
Tamiami Ranger Station 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. 
PUBLIC LAW 105-313—OCT. 30, 1998 
112 STAT. 2971 
SEC. 7. IMPLEMENTATION PROCESS. 
16 USC 410 note. 
(a) GovERNMENT-TO-GovERNMENT 
AGREEMENTS.—The Sec-
retary and the tribal chairman shall make reasonable, good faith 
efforts to implement the requirements of this Act. Those efforts 
may include government-to-government consultations, and the 
development of standards of performance and monitoring protocols. 
(b) FEDERAL MEDL*LTION AND CONCILLVTION SERVICE.—If the 
Secretary £ind the tribal chairman concur that they cannot reach 
agreement on any significant issue relating to the implementation 
of the requirements of this Act, the Secretary and the tribal chair-
man may jointly request that the Federal Mediation and Concilia-
tion Service assist them in reaching a satisfactory agreement. 
(c) 60-DAY TIME LIMIT.—The Federal Mediation and Concilia-
tion 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 Federal Mediation and Conciliation Service 
receives the request for assistance, unless the Secretary and the 
tribal chairman agree to an extension of period of time. 
(d) OTHER RIGHTS PRESERVED.^The facilitated dispute resolu-
tion specified in this section shall not prejudice 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 prohibited by 
law. 
SEC. 8. MISCELLANEOUS. 
16 USC 410 note. 
(a) No GENERAL APPLICABILITY.—Nothing in this Act creates 
any right, interest, privilege, or immunity affecting 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 provisions of this 
Act; and 
(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 performance of official duties (whether within or outside 
the boundaries of the MRA) except that nothing in this para-
graph may prejudice any right under the Constitution 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 inconsist- 
x 
ent with this Act. 
(2) CONSULTATIONS.—Any Federal agency considering an 
application for a permit for construction or activities on the 
MRA shall consult with, and consider the advice, evidence, 
and recommendations of the Secretary before issuing a final 
decision. 
(3) RULE OF CONSTRUCTION.—Except as otherwise specifi-
cally provided in this Act, nothing in this Act supersedes any 
requirement of any other applicable Federal law. 
. 
112 STAT. 2972 
PUBLIC LAW 105-313—OCT. 30, 1998 
(d) VOLUNTEER PROGRAMS AND TRIBAL INVOLVEMENT.—^The Sec-
retary may establish programs that foster greater involvement by 
the Tribe with respect to the Park. Those efforts may include 
internships and volunteer programs 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 facilities, structures, or systems, for the restoration 
or protection of the South Florida ecosystem pursuant to Fed-
eral 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 impractical. 
(B) SECRETARIAL AUTHORITY.—^The Secretary may use 
lands referred to in subparagraph (A) either under an 
agreement with the tribal chairman or upon an order of 
the United States district court for the district in which 
the MRA is located, upon petition by the Secretary and 
finding by the court that— 
(i) the proposed actions of the Secretary are nec-
essary; and 
(ii) other reasonable alternative measures are 
impractical. 
(3) COSTS.— 
(A) IN GENERAL.—In the event the Secretary exercises 
the authority granted the Secretary under paragraph (2), 
the United States shall be Uable to the Tribe or the mem-
bers of the Tribe for— 
(i) cost of modification, removal, relocation, or 
reconstruction of structures lawfully 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 pay-
ments 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. 
(4) RULE OF CONSTRUCTION.—Paragraphs (2) and (3) shall 
not apply to a natural easement described in section 6(d)(1). 
(f) PARTIES HELD HARMLESS.— 
(1) UNITED STATES HELD HARMLESS.— 
(A) IN GENERAL.—Subject to subparagraph (B) with 
respect to any tribal member, tribal employee, tribal con-
tractor, tribal enterprise, 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 liable 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. 
PUBLIC LAW 105-313—OCT. 30, 1998 
112 STAT. 2973 
(B) RULE OF CONSTRUCTION.—^Nothing in this para-
graph shall be construed to alter any liability or other 
obligation that the United States may have under the 
Indian Self-Determination 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 members 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 obliga-
tion 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 response, or resource management. 
(h) WATER RIGHTS.—Nothing in this Act shall enhance or dimin-
ish any water rights of the Tribe, or members of the Tribe, or 
the United States (with respect to the Park), 
(i) ENFORCEMENT.— 
(1) ACTIONS BROUGHT BY ATTORNEY GENERAL.—^The Attor-
ney General may bring a civil action in the United States 
district court for the district 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 court for the district 
in which the MRA is located to enjoin the United States from 
violating any provision of this Act. 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—H.R. 3055 (S. 1419): 
HOUSE REPORTS: No. 10&-708, Pt. 1 (Comm. on Resources). 
SENATE REPORTS: No. 105-361 accompanying S. 1419 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 12, considered and passed House. 
Oct. 15, considered and passed Senate.