Page:United States Statutes at Large Volume 96 Part 2.djvu/652

 96 STAT. 2014

PUBLIC LAW 97-399—DEC. 31, 1982

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Extinguishment of claims.

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(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Miccosukee Tribe in paragraph 3 of the Settlement Agreement between the State of Florida and the Miccosukee Tribe shall be of full force and effect on the terms and conditions therein stated; and (2) the transfers, waivers, releases, relinquishments, and other commitments validated by paragraph (1) of this subsection and the transfers and extinguishments approved and validated by paragraphs (1) and (2) of subsection (b) shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of lands or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Act of July 22, 1790 (1 Stat. 137) and any amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfers effective as of the date of such transfers. (b)(1) All claims to lands within the State of Florida based upon aboriginal title by the Miccosukee Tribe, or any predecessor or successor in interest, are hereby extinguished, and any transfer of lands or natural resources located anywhere within the State of Florida, including but not limited to transfers pursuant to the statute or treaty of or with any State or the United States, by, from, or on behalf of the Miccosukee Tribe, or any predecessor or successor in interest, shall be deemed to be in full force and effect: Provided, however, That nothing herein shall be construed as extinguishing any aboriginal right, title, interest, or claim to lands or natural resources solely to the extent of the rights or interests defined as "excepted interests" in paragraph 3c of the Settlement Agreement between the State of Florida and the Miccosukee Tribe. (2) By virtue of the approval of a transfer of lands or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Miccosukee Tribe, arising subsequent to the transfer and based upon any interest in or right involving such lands or natural resources, including but not limited to claims for trespass damages or claims for use and occupancy, shall be regarded as extinguished as of the date of the transfer. (3) Notwithstanding any other provision of this subsection, nothing in this Act shall be construed as extinguishing any right, title, interest, or claim to lands or natural resources in the State of Florida by any individual Indian— (A) which is based on use and occupancy, or (B) which was acquired under Federal or State law, and which is not derived from or through the Miccosukee Tribe, or its predecessor or predecessors in interest. SPECIAL PROVISIONS FOR MICCOSUKEE TRIBE

25 USC 1745. "• .*44;

SEC. 6. (a) The leasehold interest granted the Miccosukee Tribe under the Lease Agreement shall be exempt from all State and local taxes. O> The lands leased to the Miccosukee Tribe pursuant to the t) Lease Agreement shall be treated as if such lands constituted a federally recognized Indian reservation solely for purposes of determining the eligibility of the Miccosukee Tribe and its members for

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