§ 1772d. — Special provisions for Seminole Tribe.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1772d]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER VI--FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT
Sec. 1772d. Special provisions for Seminole Tribe
(a) Acceptance of land by Secretary in trust for Seminole Tribe
Notwithstanding any clouds on title, the Secretary is authorized and
directed, as soon as practicable after December 31, 1987, to accept the
transfer to the United States, to be held in trust and as a reservation
for the use and benefit of the Seminole Tribe of Florida, the
approximate 15 sections of land being described as follows:
Beginning at the southwest corner of section 31, township 48
south, Range 35 east; thence easterly along the south border of
sections 31, 32 and 33, township 48 south, Range 35 east, to the
westernmost boundary of the levee 28 works in section 33, township
48 south, Range 35 east; thence continuing north along the
westernmost boundary of the levee 28 works to the point at which the
westernmost boundary of the levee 28 works intersects the
southernmost boundary of the levee 4 works in section 9, township 48
south, Range 35 east; thence continuing westerly along the
southernmost boundary of the levee 4 works to the point at which the
southernmost boundary of the levee 4 works intersects the dividing
line between township 48 south, Range 35 east and township 48 south,
Range 34 east at the Broward County and Hendry County line; and
thence continuing south along said line to the point of beginning;
said lands situate, lying and being in Broward County, Florida.
(b) Survey of Seminole Federal Reservations in Florida
Before the expiration of the 3-year period beginning on December 31,
1987, the Secretary shall--
(1) conduct a cadastral survey of those portions of the Seminole
Federal Reservations in Florida not previously surveyed by the
Department of the Interior, including all lands taken into trust as
reservations under the authority of this subchapter;
(2) publish the correct legal descriptions of the Seminole
Reservations in the Federal Register within 180 days after the
survey is completed.
(c) Acceptance of land in future by Secretary in trust for Seminole
Tribe
If, pursuant to paragraph 6 of the Settlement Agreement, there is a
subsequent agreement between the tribe, the State, and the district
providing that lands exchanged with the tribe or acquired by the tribe
may be taken into Federal trust as a reservation for the tribe, the
Secretary shall accept the transfer of such lands to the United States,
to be held in trust for the use and benefit of the tribe pursuant to the
terms and conditions of the subsequent agreement unless--
(1) the total amount of land previously taken in trust under
this subsection exceeds the amount of land transferred to the State
and Water District by the tribe under the Settlement Agreement;
(2) the Secretary determines in writing that either the size,
location, or condition of the land, or the terms and conditions
under which it is transferred 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.
(d) Civil and criminal jurisdiction over lands acquired by United States
in trust for Seminole Tribe
(1) Notwithstanding the acquisition of any land under subsection (a)
or (c) of this section by the United States in trust for the tribe, the
assumption of jurisdiction in favor of the State contained in section
285.16, Florida Statutes, pursuant to section 7 of the Act of August 15,
1953,\1\ (67 Stat. 588; Public Law 280), shall continue in full force
and effect on such lands unless the United States accepts a retrocession
by the State of such civil or criminal jurisdiction in whole or in part
under section 1323 of this title. The laws of Florida relating to
alcoholic beverages, gambling, sale of cigarettes, and their successor
laws, shall have the same force and effect within said transferred lands
as they have elsewhere within the State. The State, with respect to the
transferred lands, shall also have jurisdiction over offenses committed
by or against Indians under said laws to the same extent the State has
jurisdiction over said offenses committed elsewhere within the State.
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\1\ So in original. The comma probably should not appear.
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(2) Nothing in this subsection shall be construed as permitting the
exercise of the above jurisdiction by the State regarding matters to
which section 1162(b) of title 18 and section 1360(b) of title 28 apply.
(3) The scope of tribal sovereignty over transferred lands, with the
specific exceptions of law relating to cigarettes, gambling and alcohol
described in this subsection, shall be as required by applicable law
with regard to existing tribal lands held in reservation or Federal
trust status. Such transfer shall not confer upon the tribe, or upon the
lands within the reservation, any additional water rights. Tribal water
rights shall be deemed to be defined in the compact.
(Pub. L. 100-228, Sec. 6, Dec. 31, 1987, 101 Stat. 1559.)
References in Text
Section 7 of the Act of August 15, 1953, referred to in subsec.
(d)(1), is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 590, which
was set out as a note under section 1360 of Title 28, Judiciary and
Judicial Procedure, and was repealed by Pub. L. 90-284, title IV,
Sec. 403(b), Apr. 11, 1968, 82 Stat. 79.
