Seminole Indian Land Claims Settlement Act of 1987

Summary

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 the later of: (1) 180 days after the date of enactment of this Act; or (2) the time when the Secretary of the Interior has made required findings regarding the payment of settlement funds, the State has enacted legislation to implement the Settlement Agreement, and certain waivers have been given. Requires the Secretary, if he finds that the State of Florida and the South Florida Water Management District have satisfied the conditions for the payment of settlement funds, to publish such findings and the Settlement Agreement in the Federal Register. Provides that upon such publication: (1) the Tribe's commitments shall become effective; and (2) the Tribe's land and resource transfers shall be deemed constitutional. Provides that the Congress approves the Settlement Agreement as of the date of enactment of this Act. 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. 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 in the U.S. District Court for the Southern District of Florida within 180 days after the Secretary makes the required findings regarding the payment of settlement funds and the enactment of legislation to implement the Settlement Agreement. Limits the remedy in such action to a proportionate share of a specified appropriation. Directs the Secretary to hold in trust for the Tribe a reservation consisting of specified land. Requires the Secretary, within two years of the date of enactment of this Act, to: (1) take a cadastral survey of Seminole Federal reservations in Florida; and (2) publish the correct legal descriptions. Requires the Secretary, if the parties agree, to accept the transfer of such lands. 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. 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: (1) the actions by the State or the Water 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.

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2 official files

• Reported to House with amendment(s)

  summary · EN · 17 December 1987

  Open at official source

• Introduced in House

  summary · EN · 16 September 1987

  Open at official source

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