Florida Indian Land Claims Settlement Act of 1982
PL 97-399 (H.R.7155), enacted 12/31/1982

96 STAT. 2012 
PUBLIC LAW 97-399—DEC. 31, 1982 
Public Law 97-399 . .., 
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97th Congress ^^^ a 
An Act 
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Dec. 31, 1982 
To settle certain Indian land claims within the State of Florida, and for other 
[H.R. 7155] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Florida Indian 
United States of America in Congress assembled. That this Act may 
Land Claims 
^^ ^ited as the "Florida Indian Land Claims Settlement Act of 
Settlement Act 
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of 1982. 
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25 u s e 1741 
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1.. *t 
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY 
25 use 1741. 
SEC. 2. 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 
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Indian Tribe which involves certain lands within the State of 
Florida; 
(2) the pendency of such lawsuit may result in economic 
hardships for residents of the State of Florida by clouding the 
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titles to lands in the State, including lands not now involved in 
the lawsuits; 
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(3) the pendency of such lawsuit also has clouded the ease-
ment rights of the South Florida Water Management District in 
lands necessary for use as a water flowage and storage area, 
which is part of a federally authorized project for flood control 
and water management in central and southern Florida, and 
which is being used to provide and regulate a water supply for 
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the residents of South Florida; 
(4) the State of Florida and the Miccosukee Indian Tribe have 
executed agreements for the purposes of resolving tribal land 
claims and settling such lawsuit, which agreements require 
implementing legislation by the Congress of the United States 
and the Legislature of the State of Florida; and 
(5) Congress shares with the parties to such agreements a 
desire to settle such Indian claims in the State of Florida 
without additional cost to the United States. 
DEFINITIONS 
25 use 1742. 
SEC. 3. For purposes of this Act— 
(1) The term "Miccosukee Tribe" means 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 chapter 285, Florida Statutes. 
(2) The term "State of Florida" means the State of Florida, its 
agencies, political subdivisions, constitutional officers, officials 
of its agencies and subdivisions, and the South Florida Water 
Management District. 
(3) The term "Secretary" means the Secretary of the Interior. 
PUBLIC LAW 97-399—DEC. 31, 1982 
96 STAT. 2013 
hrr 
(4) The term "lands or natural resources" means any real 
property or natural resources, or any interest in or right involv-
ing any real property or natural resources including but not 
limited to minerals and mineral rights, timber and timber 
rights, water and water rights, and rights to hunt and fish. 
(5) 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 against State of Florida, 
et al., Case No. 79-253-CIV-JWK. 
(6) The term "Lease Agreement" means that perpetual lease 
granted by the State of Florida to the Miccosukee Tribe, involv-
ing a specifically described area in South Florida, title to which 
is held by the State of Florida and in which the Miccosukee 
Tribe is granted certain express rights and interests. 
(7) The term "settlement funds" means those amounts of 
money which the State of Florida has agreed to pay to the 
Miccosukee Tribe under the Settlement Agreement in partial 
consideration for the settlement of the lawsuit and the extin-
guishment of rights to all potential or unsettled claims which 
the Miccosukee Tribe may have to lands or natural resources in 
the State of Florida. 
(8) The term "Settlement Agreement" means those docu-
ments entitled "Settlement Agreement between the Miccosukee 
Tribe and the State of Florida" executed on April 16, 1982, by 
representatives of the State of Florida and representatives of 
the Miccosukee Tribe and filed with the secretary of state of the 
State of Florida which incorporate the Lease Agreement de-
scribed in paragraph (6) of this section. 
(9) The term "transfer" includes but is not limited to any sale, 
grant, lease, allotment, partition, or conveyance, any transac-
tion the purpose of which was to effect a sale, grant, lease, 
allotment, partition, or conveyance, or any event or events that 
resulted in a change of possession or control of lands or natural 
resources. 
FINDINGS BY THE SECRETARY 
SEC. 4. Section 5 of this Act shall not take effect until the 
Secretary finds that the following events have occurred: 
(1) the State of Florida has enacted legislation appropriating 
sufficient money to pay, and in fact has paid, the settlement 
funds to the Miccosukee Tribe; 
(2) the State of Florida and the Miccosukee Tribe have exe-
cuted the Lease Agreement; and 
(3) the State of Florida has enacted appropriate legislation to 
carry out its commitments under paragraph lb of the Settle-
ment Agreement between the State of Florida and the Miccosu-
kee Tribe and has given the waiver specified in paragraph 4d of 
such Agreement. 
Effective date 
restriction. 
25 u s e 1743. 
APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND 
ABORIGINAL TITLE INVOLVING FLORIDA INDIANS 
SEC. 5. (a) If the Secretary finds that the State of Florida has 
satisfied the conditions set forth in section 4 of this Act, he shall 
publish such findings and the Settlement Agreement in the Federal 
Register, and upon such publication— 
Publication in 
Federal 
Register. 
25 u s e 1744. 
96 STAT. 2014 
PUBLIC LAW 97-399—DEC. 31, 1982 
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(1) the transfers, waivers, releases, relinquishments, and 
other commitments made by the Miccosukee Tribe in paragraph 
3 of the Settlement Agreement between the State of Florida and 
the Miccosukee Tribe shall be of full force and effect on the 
terms and conditions therein stated; and 
(2) the transfers, waivers, releases, relinquishments, and 
other commitments validated by paragraph (1) of this subsection 
and the transfers and extinguishments approved and validated 
by paragraphs (1) and (2) of subsection (b) shall be deemed to 
have been made in accordance with the Constitution and all 
laws of the United States that are specifically applicable to 
transfers of lands or natural resources from, by, or on behalf of 
any Indian, Indian nation, or tribe of Indians (including but not 
limited to the Act of July 22, 1790 (1 Stat. 137) and any 
amendments thereto and all subsequent versions thereof), and 
Congress does hereby approve any such transfers effective as of 
the date of such transfers. 
Extinguishment 
(b)(1) All claims to lands within the State of Florida based upon 
of claims. 
aboriginal title by the Miccosukee Tribe, or any predecessor or 
successor in interest, are hereby extinguished, and any transfer of 
lands or natural resources located anywhere within the State of 
Florida, including but not limited to transfers pursuant to the 
statute or treaty of or with any State or the United States, by, from, 
or on behalf of the Miccosukee Tribe, or any predecessor or succes-
sor in interest, shall be deemed to be in full force and effect: 
Provided, however, That nothing herein shall be construed as extin-
guishing any aboriginal right, title, interest, or claim to lands or 
natural resources solely to the extent of the rights or interests 
defined as "excepted interests" in paragraph 3c of the Settlement 
Agreement between the State of Florida and the Miccosukee Tribe. 
(2) By virtue of the approval of a transfer of lands or natural 
resources effected by this section, or an extinguishment of aborigi-
nal title effected thereby, all claims against the United States, any 
State or subdivision thereof, or any other person or entity, by the 
Miccosukee Tribe, arising subsequent to the transfer and based upon 
any interest in or right involving such lands or natural resources, 
including but not limited to claims for trespass damages or claims 
i; 
for use and occupancy, shall be regarded as extinguished as of the 
date of the transfer. 
(3) Notwithstanding any other provision of this subsection, noth-
ing in this Act shall be construed as extinguishing any right, title, 
interest, or claim to lands or natural resources in the State of 
Florida by any individual Indian— 
(A) which is based on use and occupancy, or 
(B) which was acquired under Federal or State law, 
and which is not derived from or through the Miccosukee Tribe, or 
its predecessor or predecessors in interest. 
SPECIAL PROVISIONS FOR MICCOSUKEE TRIBE 
25 use 1745. 
SEC. 6. (a) The leasehold interest granted the Miccosukee Tribe 
under the Lease Agreement shall be exempt from all State and local 
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taxes. 
O
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) The lands leased to the Miccosukee Tribe pursuant to the 
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Lease Agreement shall be treated as if such lands constituted a 
federally recognized Indian reservation solely for purposes of deter-
mining the eligibility of the Miccosukee Tribe and its members for 
PUBLIC LAW 97-399—DEC. 31, 1982 
96 STAT. 2015 
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) The State of Florida, through exercise of the power of eminent 
domain, may take or diminish any interest granted to the Miccosu-
kee Tribe under the Lease Agreement only for a public purpose and 
upon payment of just compensation, but such taking or diminution 
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shall not require the approval of Congress or any executive officer of 
the United States. 
(d) Nothing in this Act or in any grant of leasehold rights by the 
State of Florida under the Lease Agreement shall affect or other-
wise 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.). 
SEC. 7. Nothing in this Act shall grant to the Miccosukee Tribe 
25 USC 1746. 
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 Act, nothing in this Act shall diminish, 
modify, or otherwise affect the extent of the civil and criminal 
jurisdiction of the State of Florida in the leased area. 
SEC. 8. (a) The Secretary is authorized and directed to accept the 
Land transfer 
transfer to the United States, to be held in trust for the use and 
I5 uscT'74T 
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)(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, pursu-
ant to section 7 of the Act of August 15, 1953 (67 Stat. 588), as in 
67 Stat. 590. 
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, United States Code, 
applies. 
(c)(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 Man-
agement District) and shall not increase, diminish, modify, or other-
96 STAT. 2016 
PUBLIC LAW 97-399—DEC. 31, 1982 
wise affect the extent to which chapter 373, Florida Statutes, and its 
successor laws, have force and effect within such lands. 
Water rights. 
(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. 
UMITATIONS OF ACTIONS 
Ci) 
25 use 1748. 
SEC. 9. Notwithstanding any other provision of law, any action to 
contest the constitutionality of this Act shall be barred unless the 
complaint is filed within one hundred and eighty days after the date 
of enactment of this Act. An action to contest the constitutionality 
of this Act may only be brought in the United States District Court 
for the Southern District of Florida. 
REVOCATION OF SETTLEMENT 
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25 use 1749. 
SEC. 10. 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 
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effect, 
(2) section 5 of this Act 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 5 shall be void ab initio. 
Approved December 31, 1982. 
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LEGISLATIVE HISTORY—H.R. 7155: 
HOUSE REPORT No. 97-938 (eomm. on Interior and Insular Affairs). 
eONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 6, considered and passed House. 
Dec. 16, considered and passed Senate.