§ 410. — Establishment; acquisition of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIV--EVERGLADES NATIONAL PARK
Sec. 410. Establishment; acquisition of land
When title to all the lands within boundaries to be determined by
the Secretary of the Interior within the area of approximately two
thousand square miles in the region of the Everglades of Dade, Monroe,
and Collier Counties, in the State of Florida, recommended by said
Secretary, in his report to Congress of December 3, 1930, pursuant to
the Act of March 1, 1929 (45 Stat. 1443), shall have been vested in the
United States, said lands shall be, and are, established, dedicated, and
set apart as a public park for the benefit and enjoyment of the people
and shall be known as the Everglades National Park: Provided, That the
United States shall not purchase by appropriation of public moneys any
land within the aforesaid area, but such lands shall be secured by the
United States only by public or private donation.
(May 30, 1934, ch. 371, Sec. 1, 48 Stat. 816.)
References in Text
Act of March 1, 1929 (45 Stat. 1443), referred to in text, is act
Mar. 1, 1929, ch. 446, 45 Stat. 1443, which is not classified to the
Code.
Miccosukee Reserved Area
Pub. L. 105-313, Oct. 30, 1998, 112 Stat. 2964, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Miccosukee Reserved Area Act'.
``SEC. 2. FINDINGS.
``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 protection 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.
``SEC. 3. PURPOSES.
``The purposes of this Act are as follows:
``(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 modern 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 environment of the Park.
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Everglades.--The term `Everglades' means 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 provision 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
boundary 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)
[110 Stat. 3767].
``(9) Special use permit area.--The term `special use permit
area' means the area of 333.3 acres on the northern boundary 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 [Oct. 30, 1998].
``(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 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.
``(11) Tribal.--The term `tribal' means of or pertaining to the
Miccosukee Tribe of Indians 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.
``SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE MICCOSUKEE RESERVED AREA.
``(a) Special Use Permit Terminated.--
``(1) Termination.--The special use permit dated February 1,
1973, issued by the Secretary to the Tribe, and any amendments to
that permit, are terminated.
``(2) Expansion of special use permit area.--The geographical
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 otherwise 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 administration, education,
housing, and cultural activities of the Tribe, including 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, employment, economic assistance,
revenue sharing, or social welfare programs, 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 exclusive
Federal legislative jurisdiction as applied to the MRA as in effect on
the date of the enactment of this Act [Oct. 30, 1998] shall be
preserved. The Act of August 15, 1953, 67 Stat. 588, chapter 505 [see
Tables for classification] and the amendments made by that Act,
including section 1162 of title 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.
``(a) Environmental Protection and Access Requirements.--
``(1) In general.--The MRA shall remain within the boundaries 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 compliance 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 prevent and
abate disruption of the restoration or preservation of the
quantity, timing, or distribution of surface or groundwater 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, activities, or structures within the
MRA.
``(C) Prevention of significant propagation of exotic plants
and animals.--The Tribe shall prevent significant propagation of
exotic plants or animals 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 are 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.--
``(i) In general.--The Tribe shall prevent and abate any
significant cumulative adverse environmental impact on the
Park outside the MRA resulting from development or other
activities within the MRA.
``(ii) Procedures.--Not later than 12 months after the
date of the enactment of this Act [Oct. 30, 1998], the Tribe
shall develop, publish, and implement procedures that shall
ensure adequate public notice and opportunity to comment 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 [Oct. 30, 1998], 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 Everglades 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 [Oct. 30, 1998], 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 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 necessary 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) Utility 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 [Oct. 30,
1998], 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 subsection
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 conducted
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 development 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.
``(B) Exemption of markings.--The Tribe may exempt markings
on a water tower or standpipe that merely identify 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 easements on
parcels of land that are--
``(i) bounded on the north and south by the boundaries
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 boundary 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 boundary 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 boundary of the MRA.
``(2) Extent of easements.--The aggregate extent of the east-
west parcels of lands subject to easements under paragraph (1) shall
not exceed 2,100 linear feet, as depicted on the map referred to in
section 4(4).
``(3) Use of easements.--At the discretion of the Secretary, the
Secretary may use the natural easements specified in paragraph (1)
to fulfill a hydrological or other environmental objective 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) Use by department of the interior.--The Department 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.
``SEC. 7. IMPLEMENTATION PROCESS.
``(a) Government-to-Government Agreements.--The Secretary 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 Mediation and Conciliation Service.--If the Secretary
and 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 chairman may jointly request that
the Federal Mediation and Conciliation Service assist them in reaching a
satisfactory agreement.
``(c) 60-Day Time Limit.--The Federal Mediation and Conciliation
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 resolution
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.
``(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 paragraph 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 inconsistent 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 specifically
provided in this Act, nothing in this Act supersedes any requirement
of any other applicable Federal law.
``(d) Volunteer Programs and Tribal Involvement.--The Secretary 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 Federal 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
necessary; 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 liable to the Tribe or the members 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 payments 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 contractor, 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.
``(B) Rule of construction.--Nothing in this paragraph 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 obligation 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 diminish
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 Attorney 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.''
Section Referred to in Other Sections
This section is referred to in sections 410a, 410b, 410d, 410i, 410j
of this title.