Seminole Indian Land Claims Settlement Act of 1987
PL 100-228 (S.1684), enacted 12/31/1987

101 STAT. 1556 
PUBLIC LAW 100-228—DEC. 31, 1987 
Public Law 100-228 
100th Congress 
An Act 
Dec. 31, 1987 
[S. 1684] 
Seminole Indian 
Land Claims 
Settlement Act 
of 1987. 
Contracts. 
25 u s e 1772 
note. 
To settle Seminole Indian land claims within the State of Florida, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
SHORT TITLE 
SECTION 1. This Act may be cited as the 
Qaims Settlement Act of 1987". 
'Seminole Indian Land 
Water. 
25 u s e 1772. 
Flood control. 
FINDINGS AND POUCY 
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 Seminole Tribe 
which involves certain lands within the State and there are cQso 
claims by the tribe to other areas of Florida by virtue of an 1839 
Executive order of the President and by right of non-extinguish-
ment of aboriginal possession which has been asserted but not 
filed in court; 
(2) the pendency of this lawsuit and these claims may result 
in economic hardships for residents of the State by clouding the 
titles to lands in the State, including lands not now involved in 
the lawsuit; 
(3) the pendency of this lawsuit and these claims also have 
clouded the easement 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 regu-
late a water supply for the residents of south Florida; 
(4) the State, the district, and the tribe have executed agree-
ments for the purposes of resolving tribal land claims and 
settling the lawsuit— 
(A) which include conveyance of land and payment of 
consideration to the tribe; and 
(6) which require implementing legislation by the Con-
gress of the United States and the Legislature of the State 
of Florida; 
(5) Congress shares with the parties to such agreements a 
desire to settle these Indian claims in the State of Florida 
without additional cost to the United States; 
(6) there is considerable uncertainty as to the nature and 
extent of the water rights of the tribe, and that continued 
controversy over this should be settled by agreement; and 
(7) the State, the district, and the tribe have entered into a 
compact which, if approved by Congress and the Florida Legisla-
PUBLIC LAW 100-228—DEC. 31, 1987 
101 STAT. 1557 
ture, creates specifically defined water rights in lieu of the 
undefined water rights claimed by the tribe. 
DEFINrnONS 
SEC. 3. For purposes of this Act— 
(1) The term "tribe" means the Seminole Tribe of Indians of 
Florida or Seminole Tribe of Florida, a tribe of American 
Indians recognized by the United States and organized under 
section 16 of the Indian Reorganization Act of 1934 (25 U.S.C. 
476) and recognized by the State of Florida pursuant to chapter 
285, Florida Statutes, and its successors. 
(2) The term "State" means the State of Florida and its 
agencies, political subdivisions, constitutional officers, officials 
of its agencies and subdivisions and their successors. 
(3) The term "district" means the South Florida Water 
Management District, the agency of the State of Florida created 
by chapter 25270, laws of Florida (1949) to operate pursuant to 
chapter 373 Florida Statutes, and its successors. 
(4) The term "Secretary" means the Secretary of the Interior. 
(5) The term "lands or natural resources" means any real 
property or naturcd resources, or any interest in or right involv-
ing any real property or natural resources, including minerals 
and mineral rights, timber and timber rights, water and water 
rights, and rights to hunt and fish. 
(6) The term "Settlement Agreement" means the in-
strument— 
(A) executed by the Seminole Tribe, the State of Florida, 
and the South Florida Water Management District; and 
(B) which will be presented for approval by all three 
parties to the United States District Court for the southern 
district of Florida for the purpose of terminating the law-
suit entitled Seminole Tribe of Indians of Florida, v. State 
of Florida, et al., (Docket No. 78-6116-CIV), and for the 
extinguishment of rights to all potential or unsettled claims 
which the tribe may have to lands or natural resources in 
the State and the purchase of certain tribal interests in real 
property. 
(7) The term "settlement funds" means those funds which the 
State of Florida and the South Florida Water Management 
District have agreed to pay to the tribe under the Settlement 
Agreement. 
(8) The term "compact" means the Compact incorporated in 
the Settlement Agreement between the tribe, the State, and the 
district, which specifically defines the nature and extent of 
Seminole water rights and the manner of their use within the 
confines of the area of the district. 
25 u s e 1772a. 
FINDINGS BY THE SECRETARY 
SEC. 4. (a) Section 5 shall not take effect until 180 days after the 
effective date of this Act, or the date the last of the events described 
in subsection (b) have occurred and the Secretary so finds, which-
ever date occurs later, 
(b) The events referred to in subsection (a) are— 
(1) the State and district pay settlement funds pursuant to the 
terms of the Settlement Agreement for the case captioned 
Effective date. 
25 u s e 1772b. 
101 STAT. 1558 
PUBLIC LAW 100-228—DEC. 31, 1987 
Congress. 
25 u s e 1772c. 
Federal 
Register, 
publication. 
Seminole Tribe of Indians of Florida v. State of Florida et al., or 
equivalent consideration by land exchange to the tribe; and 
(2) the State enacts appropriate legislation to carry out the 
commitments under the Settlement Agreement including the 
compact between the State, the district and the tribe, and the 
State and the district have given the waiver specified in para-
graph 5c of such agreement. 
APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND 
ABORIGINAL TITLE INVOLVING FLORIDA INDIANS 
SEC. 5. (aXD Effective on the date of enactment of this Act, the 
Congress does hereby approve the Settlement Agreement, including 
the compact, and any exhibits attached thereto. 
(2) Subject to the provisions of section 4, the Secretary shall 
publish findings required by section 4 and the Settlement Agree-
ment in the Federal Register, and upon such publication— 
(A) the transfers, waivers, releases, relinquishments and 
other commitments made by the tribe in the Settlement Agree-
ment with the State and the district, including the compact 
provided for in the Settlement Agreement, shall be in full force 
and effect on the terms and conditions stated in such settle-
ment, and 
(B) the transfers, waivers, rele£ises, relinquishments and other 
commitments validated by subparagraph (A) 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 Trade 
and Intercourse Act of 1790, Act of July 22, 1790 (25 U.S.C. 177, 
ch. 33, sec. 4,1 Stat. 137). 
OttXlXA) Subject to subparagraph (B), all claims to lands within the 
State based upon aboriginal title by the tribe or any predecessor or 
successor in interest, are hereby extinguished. Any transfer of lands 
or natural resources located anywhere within the State, including 
transfers pursuant to a statute or treaty with any State or the 
United States, by, from, or on behalf of the tribe or any predecessor 
or successor in interest, shall be deemed to be in full force and effect, 
as provided in subsection (aX2). 
(B) Nothing in this paragraph shall be construed as extinguishing 
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 4a of the Settlement Agreement 
between the tribe. State and the district. 
(2XA) 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, the 
State or subdivision thereof, or any other person or entity, by the 
tribe or any predecessor or successor in interest, arising subsequent 
to the transfer and based upon any interest in or right involving 
such lands or natural resources, including claims for trespass dam-
ages or claims for use and occupancy, shall be extinguished as of the 
date of the transfer. 
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PUBLIC LAW 100-228—DEC. 31, 1987 
101 STAT. 1559 
(B) The United States shall not be liable directly or indirectly for 
any claim or cause of action arising from the approved of the 
Settlement Agreement and compact or exhibits attached thereto. 
(3) Nothing in this Act shall be construed as extinguishing any 
^ 
right, title, interest, or claim to lands or natural resources in the 
State based on use and occupancy or acquired under Federal or 
State law by any individual Indian which is not derived from or 
through the tribe, its predecessor or predecessors in interest, or 
some other American Indian tribe. 
(4) Any Indian, Indian nation, or tribe of Indians, other than the 
Seminole Tribe as defined in section 3(1), or any predecessor or 
successor in interest, or any member thereof, whose transfer of 
lands or natural resources is approved or whose aboriginal title or 
claims is extinguished by paragraph (1) or (2) of this subsection may, 
within a period of one year after publication of the Secretary's 
finding pursuant to subsection (a) of this section, bring an action 
against the State and the United States in the United States District 
Court for the southern district of Florida. Such action shall be in 
lieu of a suit against any other person, agency, or political subdivi-
sion on a cause of action which may have existed in the absence of 
this subsection. 
(c) Neither subsection (a) of this section nor section 7 of this Act— 
(1) enacts present or future laws of the State as Federal law, 
(2) grants consent to any future changes in the Settlement 
Agreement or compact that could impose any obligation or 
liability on the United States, or 
(3) commits the United States to finance any project or activ-
ity not otherwise authorized by Federed law. 
SPECIAL PROVISIONS FOR SEMINOLE TRIBE 
SEC. 6. (a) Notwithstanding any clouds on title, the Secretary is 
25 use I772d. 
authorized and directed, as soon as practicable after the date of 
enactment of this Act, to accept the transfer to the United States, to 
be held in trust and as a reservation for the use and benefit of the 
Seminole Tribe of Florida, the approximate 15 sections of land being 
described as follows: 
Beginning at the southwest comer of section 31, township 48 
south. Range 35 east; thence easterly along the south border of 
sections 31, 32 and 33, township 48 south. Range 35 east, to the 
westernmost boundary of the levee 28 works in section 33, 
township 48 south. Range 35 east; thence continuing north 
along the westernmost boundary of the levee 28 works to the 
point at which the westernmost boundary of the levee 28 works 
intersects the southernmost boundary of the levee 4 works in 
section 9, township 48 south. Range 35 east; thence continuing 
westerly along the southernmost boundary of the levee 4 worl^ 
to the point at which the southernmost boundary of the levee 4 
t: KW 
works intersects the dividing line between township 48 south. 
Range 35 east and township 48 south. Range 34 east at the 
Broward County and Hendry County line; and thence continu-
ing south along said line to the point of beginning; said lands 
situate, Ijdng and being in Broward County, Florida, 
(b) Before the expiration of the 3-year period beginning on the 
date of enactment of this Act, the Secretary shall— 
(1) conduct a cadastral survey of those portions of the Semi-
nole Federal Reservations in Florida not previously surveyed by 
101 STAT. 1560 
PUBLIC LAW 100-228—DEC. 31, 1987 
Federal 
Register, 
publication. 
Alcohol and 
alcoholic 
beverages. 
Tobacco and 
tobacco 
products. 
Law 
enforcement 
and crime. 
Water. 
25 u s e 1772e. 
the Department of the Interior, including all lands taken into 
trust as reservations under the authority of this Act; 
(2) publish the correct legal descriptions of the Seminole 
Reservations in the Federal Register within 180 days after the 
survey is completed. 
(c) If, pursuant to paragraph 6 of the Settlement Agreement, there 
is a subsequent agreement between the tribe, the State, and the 
district providing that lands exchanged with the tribe or acquired by 
the tribe may be taken into Federal trust as a reservation for the 
tribe, the Secretary shall accept the transfer of such lands to the 
United States, to be held in trust for the use and benefit of the tribe 
pursuant to the terms and conditions of the subsequent agreement 
unless— 
(1) the total amount of land previously taken in trust under 
this subsection exceeds the amount of land transferred to the 
State and Water District by the tribe under the Settlement 
Agreement; 
(2) the Secretary determines in writing that either the size, 
location, or condition of the land, or the terms and conditions 
under which it is transferred would place an unreasonable 
burden on the United States as trustee; 
(3) the land is not in Florida; or 
(4) the land is not agricultural in nature. 
(dXD Notwithstanding the acquisition of any land under subsec-
tion (a) or (c) of this section by the United States in trust for the 
tribe, the assumption of jurisdiction in favor of the State contained 
in section 285.16, Florida Statutes, pursuant to section 7 of the Act 
of August 15, 1953, (67 Stat. 588; Public Law 280), shall continue in 
full force and effect on such lands unless the United States accepts a 
retrocession by the State of such civil or criminal jurisdiction in 
whole or in part under section 403 of the Act of April 11, 1968 (82 
Stat. 79; 25 U.S.C. 1323). The laws of Florida relating to alcoholic 
beverages, gambling, sale of cigarettes, and their successor laws, 
shall have the same force and effect within said transferred lands as 
they have elsewhere within the State. The State, with respect to the 
transferred lands, shall sdso have jurisdiction over offenses commit-
ted by or against Indians under said laws to the same extent the 
State has jurisdiction over said offenses committed elsewhere within 
the State. 
(2) Nothing in this subsection shall be construed as permitting the 
exercise of the above jurisdiction by the State regarding matters to 
which section 1162(b) of title 18, United States (Dode, and section 
13600t)) of title 28, United States Code, apply. 
(3) The scope of tribal sovereignty over transferred lands, with the 
specific exceptions of law relating to cigarettes, gambling and alco-
hol described in this subsection, shall be as required by applicable 
law with regard to existing tribal lands held in reservation or 
Federal trust status. Such transfer shall not confer upon the tribe, 
or upon the lands within the reservation, any additional water 
rights. Tribal water rights shall be deemed to be defined in the 
compact. 
WATER RIGHTS COMPACT 
SEC. 7. The compact defining the scope of Seminole water rights 
and their utilization by the tribe shall have the force and effect of 
Federal law for the purposes of enforcement of the rights and 
obligations of the tribe. 
PUBLIC LAW 100-228—DEC. 31, 1987 
101 STAT. 1561 
JUDICIAL REVIEW 
SEC. 8. (a) Notwithstanding any other provision of law, any action 
25 USC I772f. 
to contest the constitutionality of this Act shall be barred unless the 
complaint is filed within 180 days after the date of enactment of this 
Act. Exclusive jurisdiction over any such action is hereby vested in 
the United States District Court for the southern district of Florida. 
Ot)) Notwithstanding any present immunity from suit enjoyed by 
any of the parties, jurisdiction regarding any controversy arising 
under the Settlement Agreement or compact or private agreement 
between the tribe and any third party entered into under authority 
of the compact is hereby vested in the United States District Court 
for the southern district of Florida. Such jurisdiction shall be exclu-
sive except that the court shall not have jurisdiction to award 
money damages against the State, the district or the tribe. Proceed-
ings in the district court under this section shall be expedited 
consistent with sound judicial discretion. 
REVOCATION OF SETTLEMENT 
SEC. 9. In the event the Settlement Agreement or £iny part thereof 
25 use I772g. 
is ever invalidated— 
(1) the transfers, waivers, releases, relinquishments and any 
other commitments made by the State, the tribe, or the district 
in the Settlement Agreement shall no longer be of any force or 
effect; 
(2) section 5 shall be inapplicable as if such section was never 
enacted with respect to the lands, interests in lands, or natural 
resources of the tribe and its members; and 
(3) the approvals of prior transfers and the extinguishment of 
claims and aboriginal title of the tribe otherwise effected by 
section 5 shall be void ab initio. 
EFFECTIVE DATE 
SEC. 10. This Act shall take effect upon the date of its enactment. 
25 USC 1772 
note. 
Approved December 31, 1987. 
LEGISLATIVE HISTORY—S. 1684 (H.R. 3290): 
HOUSE REPORTS: No. 100-488 accompanying H.R. 3290 (Comm. on Interior and 
Insular Affairs). 
SENATE REPORTS: No. 100-258 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Dec. 17, considered and passed Senate. 
Dec. 18, considered and passed House.