League of United Latin American Citizens

RESOLUTION of the LEAGUE OF UNITED LATIN AMERICAN CITIZENS
(LULAC)

Discrimination Against Minorities
in Everglades Restoration
(Modified Water Deliveries
and the 8. 5 Square Mile Area)

WHEREAS, the League of United Latin American Citizens (LULAC) always fights
against discrimination and racial injustice involving minority Americans and
especially Latino minorities (Americans of Latin American background);  
WHEREAS, the residents of the 8.5 Square Mile Area are largely Latino
minority members, many of whom fled totalitarian communism wherein property
rights were destroyed; and the residents of the central Everglades are
Miccosukee Indians, who historically have suffered from discriminatory
treatment;

WHEREAS, the serious adverse impacts of bureaucratic efforts to take private
property in the 8.5 Square Mile Area and the delays in implementing the
Modified Water Deliveries Project (PL 101-229) fall disparately and
discriminatorily upon minority Latino Americans and Miccosukee Indians;

WHEREAS, the protection of Constitutional rights, including the
Constitutional private property rights of Latino minority residents of the
8.5 Square Mile Area and Miccosukee Indians in Miami-Dade County, Florida, is
a fundamental component of fair and equal treatment of minorities throughout
the nation;                

WHEREAS, the right and expectation of minorities that they can rely upon the
promises and guarantees of the United States Congress as provided in laws
passed by Congress is another essential component of fair and equal treatment
of minorities throughout the nation;

WHEREAS, Congressman Dante Fascell's 1989 Congressional Act for Modified
Water Deliveries and Everglades National Park Expansion (PL 101-229)
explicitly promised and guaranteed the protection of the rights of Latino
minority residents of the 8.5 Square Mile Area (section 104(c));

WHEREAS, the breach of the Congressional promises of protection to minority
residents (contained in PL 101-229, section 104(c)) would constitute a breach
of trust with Latino minority Americans who were protected by these promises;

WHEREAS, the 8.5 Square Mile Area is higher ground than the lower ground on
which more than one-half million residents live in Miami-Dade and Broward
Counties (with continued construction routinely permitted in the lower areas); 

WHEREAS, the 8.5 SMA is not within Northeast Shark River Slough and does not
impair the hydrologic functioning of the Slough or restored water flows to
Everglades National Park (while residential and commercial construction is
permitted elsewhere in other areas in Miami Dade County which are within, and
impair the hydrologic functioning of, the Slough), so that taking the 8.5 SMA
is not necessary for Everglades restoration; and

WHEREAS, three study commissions of three different Florida Governors (Gov.
Graham in 1985; Gov. Martinez in 1988; and Gov. Chiles in 1995) all found
that the 8.5 Square Mile Are a should not be taken and instead should be
protected;

NOW THEREFORE, BE IT RESOLVED, THAT

1. LULAC strongly condems any attempt to take the land of the residents of
the 8.5 Square Mile Area.

2. LULAC warns that taking the land of residents in the 8.5 SMA is a gross  

Breach of Latino minority human rights and constitutes indefensible racial
discrimination by the governments and officials perpetuating such taking.

3. LULAC strongly urges Congress, the Florida Legislature, and other
government agencies to respect the rights of the minority residents of the
8.5 SMA and Miccosukee Indians by implementing the Modified Water Deliveries,
Project as directed in The 1989 Act (including the protections of the 8.5 SMA
provided in section 104(c)).

4. LULAC cautions that efforts to take the land of 8.5 SMA residents and the
bureaucratic delays in providing the protections mandated by the 1989 Act
constitute offenses against Latino minorities, while the prior delays in
implementing the Modified Water Deliveries Project and further delays
associated with attempts to take the 8.5 SMA constitute offenses against the
Miccosukee Indians, which together seriously undermine minority support for
Everglades restoration and threaten the broad base of citizen support which
is a necessary condition for restoration.        


I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS DULY ADOPTED THIS 11th DAY
OF FEBRUARY, 2000

Signed by:
Armando Polmar, FL State Director