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S 1684 - 100

Seminole Indian Land Claims Settlement Act of 1987

Became Public Law No: 100-228.

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Summary

35 Passed Senate amended Apr 3, 2004

(Measure passed Senate, amended) 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. 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 Seminole Federal reservations in Florida; and (2) publish the correct 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 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: (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.

00 Introduced in Senate Apr 3, 2004

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. 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. 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, 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.

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Timeline

Dec 31, 1987

Signed by President.

Dec 31, 1987

Signed by President.

Dec 31, 1987

Became Public Law No: 100-228.

Dec 31, 1987

Became Public Law No: 100-228.

Dec 22, 1987

Presented to President.

Dec 22, 1987

Presented to President.

Dec 21, 1987

Measure Signed in Senate.

Dec 18, 1987

Message on Senate action sent to the House.

Dec 18, 1987

Called up by House by Unanimous Consent.

Dec 18, 1987

Passed/agreed to in House: Passed House by Voice Vote.

Dec 18, 1987

Passed House by Voice Vote.

Dec 17, 1987

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Dec 17, 1987

Passed Senate with an amendment by Voice Vote.

Dec 15, 1987

Committee on Indian Affairs. Reported to Senate by Senator Inouye with an amendment in the nature of a substitute. With written report No. 100-258.

Dec 15, 1987

Committee on Indian Affairs. Reported to Senate by Senator Inouye with an amendment in the nature of a substitute. With written report No. 100-258.

Dec 15, 1987

Placed on Senate Legislative Calendar under General Orders. Calendar No. 490.

Nov 19, 1987

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Nov 5, 1987

Committee on Indian Affairs. Hearings held.

Sep 15, 1987

Introduced in Senate

Sep 15, 1987

Read twice and referred to the Committee on Indian Affairs.

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