H.R.3290 - Seminole Indian Land Claims Settlement Act of 1987100th Congress (1987-1988)
|Sponsor:||Rep. Lewis, Thomas F. [R-FL-12] (Introduced 09/16/1987)|
|Committees:||House - Interior and Insular Affairs|
|Committee Reports:||H.Rept 100-488|
|Latest Action:||12/31/1987 For Further Action See S.1684. (All Actions)|
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Summary: H.R.3290 — 100th Congress (1987-1988)All Information (Except Text)
(Reported to House from the Committee on Interior and Insular Affairs with amendment, H. Rept. 100-488)
Reported to House with amendment(s) (12/17/1987)
Seminole Indian Land Claims Settlement Act of 1987 - Prohibits the approval of certain prior transfers and the extinguishing of certain claims and aboriginal title involving the Seminole Tribe of Indians of Florida until whichever of the following events occurs last: (1) 180 days after the date of enactment of this Act; or (2) the Secretary of the Interior has made the required findings regarding the payment of settlement funds, the enactment of State legislation to implement the Settlement Agreement, and certain waivers have been given. Provides that the Congress approves the Settlement Agreement on the date of enactment of this Act.
Provides that upon the publication by the Secretary of the findings regarding the payment of settlement funds that: (1) the Tribe's commitments shall become effective; and (2) the Tribe's land and resource transfers are deemed constitutional.
Extinguishes all aboriginal Seminole land claims in Florida and any claims arising from any interest in or right involving such lands or natural resources transferred. Prohibits the United States from being liable for certain claims including those arising from the approval of the Settlement Agreement.
Leaves unaffected the claim of any individual Indian not derived through the Tribe.
Authorizes an individual Indian or non-Seminole Tribe of Florida claiming a loss of property by the provisions of this Act to file an action within one year after the Secretary makes the required findings regarding the payment of settlement funds and the enactment of legislation to implement the Settlement Agreement.
Directs the Secretary to hold in trust for the Seminole Tribe a reservation consisting of specified land.
Requires the Secretary within three years of the date of enactment of this Act to: (1) take a cadastral survey of any unsurveyed portion of the Seminole Federal Reservations in Florida; and (2) publish the legal descriptions of the Seminole Reservations in the Federal Register.
Requires the Secretary, if the parties agree, to accept the transfer of such lands, unless: (1) the total land taken in trust land exceeds the amount of land transferred to the State and Water District by the Tribe under the Settlement Agreement; (2) the Secretary determines that such transfer 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.
Provides for State jurisdiction over the transferred lands unless the State retrocedes jurisdiction to the Tribe. Applies Florida's statutes on alcoholic beverages, cigarettes and gambling to the transferred lands.
Provides that the compact defining the scope of Seminole water rights shall have the force of Federal law for enforcing the Tribe's rights and obligations.
Bars any action to challenge the constitutionality of this Act unless it is filed within 180 days after the enactment of this Act. Vests in the U.S. District Court for the Southern District of Florida exclusive jurisdiction over such actions.
Provides that if the Settlement Agreement is ever invalidated that: (1) the actions by the State, the Tribe, or the district in the Settlement Agreement shall no longer be in effect; (2) the Tribe will be released from its commitments under the Settlement Agreement; and (3) the approvals of prior transfers and extinguishment of claims and aboriginal title shall be void.