| Litigation Summary
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Proceedings in Federal Court United States District Court, Southern
District of Florida |
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98-521-CIV-NISBETT |
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This past spring (1999) the Miccosukee Tribe filed a lawsuit against the United
States government, the National Park Service and Wally Hibbard in his
official capacity as Superintendent of Big Cypress National Preserve.
1. On October 11, 1974, Congress Established the Big Cypress National
Preserve 16 USC 698 f-m.
2. Section 698j of the Act provides: "Notwithstanding this section or any
other provisions of sections 698f to 698m of this title, members of the
Miccosukee Tribe of Indians of Florida.....shall be permitted, subject to
reasonable regulations established by the Secretary, to continue their usual
and customary use and occupancy of federal or federally acquired lands and
waters within the preserve, including hunting, fishing, and trapping on a
subsistence basis and traditional Tribal ceremonials."
3. Section 698k of the Act further provides: "Notwithstanding any other
provision of law, before entering into any contract for the provision of
revenue producing visitor services, (i) the Secretary shall offer those
members of the Miccosukee....who, on January 1, 1972, were engaged in the
provision of similar services, a right of first refusal to continue providing
such services within the preserve subject to such terms and conditions as he
may deem appropriate, and (ii) before entering into any contract or agreement
to provide new revenue-producing visitor services within the preserve, the
Secretary shall offer to the Miccosukee tribe of Indians of Florida....the
right of first refusal to provide such services, the right to open for a
period of ninety days.... No such agreement may be signed or otherwise
transferred without the consent of the Secretary."
The lawsuit alleged the following:
1. BCNP improperly granted an airboat concession in the preserve (commercial
use licenses).
2. BCNP failed to comply with regulations which govern bidding procedures
for the airboat concession.
3. BCNP failed to conduct an environmental impact analysis pursuant to the
National Environmental Policy act of 1969 (NEPA), 42 USC 4321 and
implementing regulations.
4. BCNP violated the Miccosukee Tribe's right of first refusal.
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Credit:
Everglades photograph courtesy Philip
Greenspun
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