Page:United States Statutes at Large Volume 112 Part 5.djvu/211

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PUBLIC LAW 105-313—OCT. 30, 1998 112 STAT. 2969 the revised water quality standards approved by the Administrator. (G) NATURAL EASEMENTS.— The Tribe shall not engage in any construction, development, or improvement in any area that is designated as a natural easement. (b) HEIGHT RESTRICTIONS.— (1) RESTRICTIONS. —Except as provided in paragraphs (2) through (4), no structure constructed within the MRA shall exceed the height of 45 feet or exceed 2 stories, except that a structure within the Miccosukee Government Center, as shown on the map referred to in section 4(4), shall not exceed the height of 70 feet. (2) EXCEPTIONS. — The following types of structures are exempt from the restrictions of this section to the extent necessary for the health, safety, or welfare of the tribal members, and for the utility of the structures: (A) Water towers or standpipes. (B) Radio towers. (C) Utihty lines. (3) WAIVER.— The Secretary may waive the restrictions of this subsection if the Secretary finds that the needs of the Tribe for the structure that is taller than structures allowed under the restrictions would outweigh the adverse effects to the Park or its visitors. (4) GRANDFATHER CLAUSE.— Any structure approved by the Secretary before the date of the enactment of this Act, and for which construction commences not later than 12 months after the date of the enactment of this Act, shall not be subject to the provisions of this subsection. (5) MEASUREMENT.—The heights specified in this subsection shall be measured from mean sea level. (c) OTHER CONDITIONS. — (1) GAMING.— No class II or class III gaming (as those terms are defined in section 4(7) and (8) of the Indian Gaming Regulatory Act (25 U.S.C. 2703 (7) and (8)) shall be conducted within the MRA. (2) AVIATION.— (A) IN GENERAL. —No commercial aviation may be conducted from or to the MRA. (B) EMERGENCY oPERATORS.Takeoffs and landings of aircraft shall be allowed for emergency operations and administrative use by the Tribe or the United States, including resource management and law enforcement. (C) STATE AGENCIES AND OFFICIALS. -The Tribe may permit the State of Florida, as agencies or municipalities of the State of Florida to provide for takeoffs or landings of aircraft on the MRA for emergency operations or administrative purposes. (3) VISUAL QUALITY. — (A) IN GENERAL.— In the planning, use, and development of the MRA by the Tribe, the Tribe shall consider the quality of the visual experience from the Shark River Valley visitor use area, including limitations on the height and locations of billboards or other commercial signs or other advertisements visible from the Shark Valley visitor center, tram road, or observation tower.