UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MICCOSUKEE TRIBE OF INDIANS
OF FLORIDA, a federally-recognized
Indian Tribe,
PLAINTIFF
vs. Case No. 94-0662
UNITED STATES OF AMERICA;
U.S. DEPARTMENT OF THE INTERIOR;
BRUCE BABBITT, in his official
capacity as Secretary of the
Interior; GEORGE FRAMPTON, in his
official capacity as Assistant
Secretary of the Interior; and
BONNIE COHEN, in her official
capacity as Assistant Secretary
of the Interior,
DEFENDANTS
_______________________________________/
CIVIL COMPLAINT
Exhibit 1 - United States and Agricultural Parties
Agreement 1/13/94
The United States and the Agricultural Parties agree as follows:
1. The Agricultural Parties will establish a special account to
implement the terms and conditions of this agreement...
2. In addition to the 25% BMP requirement of the Works of the
District Rule, each Agricultural Party will implement to the
best of its ability the on-farm measures contemplated by the
provision in the Statement of Principles entitled "Reduced
Phosphorus Outputs Achieved Through Performance-Based Best
Management Practices (BMPs)." Each Agricultural party will be
entitled to make the minimum payment for each year as set forth
in this provision...
3. Each Agricultural Party, its agents, subsidiaries, and members
of its corporate group shall withdraw from the litigation styled
United States v. South Florida Water Management District...
4. Unless an Agricultural Party fails to fulfill its obligations
under paragraphs 1, 2, 3 of this agreement, that Party shall
not be a defendant in any civil action brought by the United
States or agencies thereof designed to meet "Phase I" of
"Interim" standards for phosphorus concentrations in water, or
to seek funding to construct a regional water system to assist
in meeting such obligations, until June 30, 2003...
5. If authorized by amendment to State law, entry into this
Agreement and performance of all obligations by Agricultural
Parties shall establish compliance with State water quality
requirements in the Everglades Agricultural Area and Everglades
Protection Area until December 31, 2006 for such Agricultural
Parties...
6. The payments referred to in paragraph 2 shall be made to the
special account unless, by December 15, 1994, the District and
the State of Florida Department of Environmental Protection
("State") have accepted the terms of this Agreement, in which
event the annual payments shall be made to the District, to be
used for construction of a regional water treatment system...
7. If the Florida Legislature or State legal entity under authority
of the Legislature substitutes another method of payment
applicable to Agricultural Parties and to be used for the
purposes provided in this agreement...
8. The Agricultural Parties agree that they will, in good faith,
join with the State in supporting revision by the Florida
Legislature of the Marjory Stoneman Douglas Act, in order to
clarify and expedite the institution of a system in which all
Agricultural Parties are assessed their proportionate share of
the payments...
9. The Agricultural Parties agree that they will support State
Legislation providing authority to the EAA Everglades
Protection District, based upon an affirmative vote of at least
70% of the acres represented in a landowner referendum, to raise
the current total assessment ceiling to the total maximum annual
payment...
10. ...The Parties recognize that the Florida Bay, like the
Everglades, is a natural resource of national and international
importance. The Parties will work, in good faith to support
legislation in public funding necessary to restore and preserve
the natural values of the Florida Bay.
11. The Parties agree that prior to seeking judicial resolution of
any dispute arising under this Agreement, they shall seek in
good faith to resolve such dispute through mediation.
12. The Parties will work together in good faith to seek to join in
all other Agricultural Parties to current litigation in this
Agreement,...
13. This Agreement, including those portions of July 1993 Statement
of Principles referred to above, constitutes the entire agreement
between the Parties and supercedes any prior oral or written
agreement between the United States and the Agricultural
Parties...