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Problem:SECTION 1. SHORT TITLE.

This Act may be cited as the ''Miccosukee Settlement Act of 1997''.

SEC. 2. CONGRESSIONAL FINDINGS.

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 Tribe which 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 this lawsuit 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, which agreement
requires consent of the Congress in connection with
contemplated land transfers;
(4) the settlement agreement is in the interests of the
Miccosukee Tribe in that the tribe will receive certain
monetary payments, new reservation land to be held in trust by
the United States, and other benefits;
(5) land received by the United States pursuant to the
settlement agreement is in consideration of Miccosukee Indian
Reservation land lost by the Miccosukee Tribe by virtue of
transfer to the Florida Department of Transportation under the
settlement agreement, and such United States land therefore
shall be held in trust by the United States for the use and
benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation land in compensation for the consideration given by
the tribe in the settlement agreement; and
(6) Congress shares with the parties to the settlement
agreement a desire to resolve the dispute and settle the
lawsuit.

SEC. 3. DEFINITIONS.

For the purposes of this Act--
(1) 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; 25 U.S.C.
476), and recognized by the State of Florida pursuant to
chapter 285, Florida Statutes;
(2) the term ''Miccosukee land'' means land held in trust
by the United States for the use and benefit of the Miccosukee
Tribe as Miccosukee Indian Reservation land which is identified
pursuant to the settlement agreement for transfer to the
Florida Department of Transportation;
(3) the term ''Florida Department of Transportation'' means
the executive branch department and agency of the State of
Florida responsible for, among other matters, the construction
and maintenance of surface vehicle roads, existing pursuant to
section 20.23, Florida Statutes, with authority to execute the
settlement agreement pursuant to section 334.044, Florida
Statutes;
(4) 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 Florida Governor, Attorney General,
Commissioner of Agriculture, Commissioner of Education,
Controller, Secretary of State, and Treasurer sitting as
trustees;
(5) the term ''State of Florida'' means 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, as well as the State itself
as a governmental entity;
(6) the term ''Secretary'' means the United States
Secretary of the Interior;
(7) the term ''land transfers'' means those lands
identified in the settlement agreement for transfer from the
United States to the Florida Department of Transportation and
those lands identified in the settlement agreement for transfer
from the State of Florida to the United States;
(8) 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 number 91-6285-Civ-Paine; and
(9) the terms ''settlement agreement'' and ''agreement''
mean those documents entitled ''settlement agreement'' (with
incorporated exhibits), which identifies the lawsuit in the
first paragraph, which was signed on page 15 therein on August
28, 1996, by Ben G. Watts (Secretary of the Florida Department
of Transportation) and Billy Cypress (Chairman of the
Miccosukee Tribe), and thereafter concurred in by the board of
trustees of the Internal Improvements Trust Fund of the State
of Florida.

SEC. 4. AUTHORITY OF SECRETARY.

As trustee for the Miccosukee Tribe, the Secretary shall:
(1) Aid and assist in the fulfillment of the settlement
agreement at all times and in all reasonable manner, and
cooperate with and assist the Miccosukee Tribe for this
purpose.
(2) Upon finding that the settlement agreement is legally
sufficient and that the State of Florida and its agencies have
the necessary authority to fulfill the agreement, sign the
settlement agreement on behalf of the United States, and have a
representative of the Bureau of Indian Affairs sign the
settlement agreement as well.
(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 this land transfer and
related land transfers, transfer ownership of the Miccosukee
land to the Florida Department of Transportation as provided in
the settlement agreement, including in such transfer solely and
exclusively that Miccosukee land identified in the settlement
agreement for such transfer and no other land.
(4) Upon finding that all necessary conditions precedent to
the transfer of Florida land 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 this 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,
constituting thereby Indian Reservation lands of the Miccosukee
Tribe.

Passed the House of Representatives November 13, 1997.

Attest:

ROBIN H. CARLE,

Clerk.
Solution:
Miccosukee Settlement Act of 1997 - Directs the Secretary of the Interior, as trustee for the Miccosukee Tribe, to assist in the fulfillment of the settlement agreement concerning the transfer of: (1) certain Miccosukee tribal land to the Florida Department of Transportation; and (2) certain Florida land to the United States to be received and accepted in trust for the use and benefit of the Miccosukee Tribe, constituting thereby Indian Reservation lands of the Miccosukee Tribe.