Trump Vetoes Miccosukee Land Return Bill

President Donald Trump vetoed a bipartisan bill intended to return 30 acres of land in the Florida Everglades to the Miccosukee Tribe of Indians. The bill, which passed Congress on December 11th, aimed to expand the tribe's land base to support environmental restoration and protect against climate change.

On December 30th, the President vetoed the measure, citing the tribe's lawsuit challenging the construction of 'Alligator Alcatraz,' an immigration detention center. Republicans in the House recently failed to override this veto, signaling their continued support for the President's decision despite previously backing the land return.

The Miccosukee Reserved Area Act was passed on December 11th with bipartisan support. The legislation would have transferred 30 acres of land in the Everglades to tribal control, allowing the tribe to begin environmental restoration activities and better protect the area from extreme flooding and tropical storms.

Chairman Cypress stated that the measure reflected years of work intended to clarify land status and support tribal members who have lived in the area for generations. However, on December 30th, President Trump vetoed the bill.

In a statement, Trump explained that the tribe "actively sought to obstruct reasonable immigration policies" following their July lawsuit against the construction of 'Alligator Alcatraz.' This veto was one of only two made by the administration since the President took office.

Legal experts noted the rarity of the President's reasoning. Kevin Washburn, a law professor at University of California Berkeley Law and former assistant Secretary of Indian Affairs, said it is "rare for an administration to veto a bill for reasons wholly unrelated to the merits of the bill." He described the move as "highly unusual."

Matthew Fletcher, a law professor at the University of Michigan, highlighted the irony of the situation. "You're acquiring land that your colonizer probably took from you a long time ago... and then years later, you're buying that land back that was taken from you illegally, at a great expense," Fletcher said.

While land into trust applications often face opposition regarding tribal gaming, Fletcher noted that applications like the Miccosukee's are usually frictionless. The bill's sponsor, Republican Representative Carlos Gimenez, previously referred to the Miccosukee Tribe as stewards of the Everglades.

When tribal nations regain land, the process is known as land into trust. This transfers land title to the United States, where it is held for the benefit of the tribe, establishing tribal jurisdiction. Generally, the Department of Interior facilitates these requests administratively.

However, the Miccosukee Tribe navigates a unique structure. Recognized as a tribal nation in 1962, they must acquire land through Congress via legislation rather than through the Interior Department. This makes Congressional approval essential and a Presidential veto a definitive barrier.

Florida’s Democratic Representative Debbie Wasserman Schultz criticized the veto on the House floor, stating it made "absolutely no sense other than the interest in vengeance." The tribe is unlikely to see the project materialize unless the outcome of future elections changes the political landscape.