Page:United States Statutes at Large Volume 101 Part 3.djvu/262

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1560

Federal Register, publication.

Alcohol and alcoholic beverages. Tobacco and tobacco products. Law enforcement and crime.


PUBLIC LAW 100-228—DEC. 31, 1987

the Department of the Interior, including all lands taken into trust as reservations under the authority of this Act; (2) publish the correct legal descriptions of the Seminole Reservations in the Federal Register within 180 days after the survey is completed. (c) 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)(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, (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 403 of the Act of April 11, 1968 (82 Stat. 79; 25 U.S.C. 1323). 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 sdso 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. (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, United States (Dode, and section 13600t)) of title 28, United States Code, 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. WATER RIGHTS COMPACT

25 USC 1772e.

SEC. 7. The compact defining the scope of Seminole water rights and their utilization by the tribe shall have the force and effect of Federal law for the purposes of enforcement of the rights and obligations of the tribe.