WHEREAS, the protection of constitutional rights, including the constitutional private property rights is a fundamental component of fair and equal treatment of minorities throughout the nation, and

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; and

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)) and,

WHEREAS, the Army Corps of Engineers has decided to implement a plan for the 8.5 Square Mile Area, along with the Department of the Interior, that will condemn homes and land and forcibly remove minority residents of the 8.5 square mile area, contrary to the direction of Congress and the rights of these residents, and

WHEREAS, this breach of the Congressional promises of protection to minority residents of the 8.5 Square Mile Area (contained in PL 101-229, Section 104(c)) would constitute a breach of trust with Latino minority Americans who were protected by these promises; and

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 contained construction routinely permitted in lower areas); and

WHEREAS, 8.5 Square Mile Area 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 in other areas in Miami-Dade County which are within and impair the hydrologic functioning of the Slough), so that taking land and homes in the 8.5 square mile area is not necessary for Everglades restoration; and

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

WHEREAS, the residents of the 8.5 Square Mile Area are largely Latino minority members, and the residents of the central Everglades are the Miccosukee Indians; and

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 upon minority Latino Americans and Miccosukee Indians, and

WHEREAS, the Modified Water Deliveries Project has been delayed, but the Department of the Interior agencies, Fish and Wildlife Service and Everglades National Park are asking that increased water flows be restored to the Slough allegedly to protect the Cape Sable Seaside Sparrow, without the protection required by the 1989 Act having been provided, which would flood private property in the 8.5 Square Mile Area and violate constitutional rights; and

WHEREAS, the League of United Latin American Citizens (LULAC) always fights against injustice involving minority Americans and especially Latino minorities (Americans of Latin American background) and has passed resolutions in support of the 8.5 Square Mile Area;

NOW THEREFORE, BE IT RESOLVED, that:
- LULAC cautions that efforts by the Army Corps of Engineers and Department of the Interior to condemn and forcibly acquire homes and land of 8.5 Square Mile Area minority residents and the bureaucratic delays in providing the protection mandated by the 1989 Act, with the prior delays in implementing the Modified Water Deliveries Project and future delays associated with attempts to condemn and take land and homes in the 8.5 Square Mile Area, together seriously undermine minority support for Everglades restoration and threaten the broad base of citizen support which is a necessary condition for restoration, and

- LULAC urges Congress, the Florida Legislature and other government agencies to respect the rights of the minority residents of the 8.5 Square Mile Area and Miccosukee Tribe of Indians by instructing the Corps to expeditiously implement the Modified Water Deliveries Project as directed in the 1989 Act (including the protection of the 8.5 Square Mile Area as provided in Section 104(c)), and

- LULAC warns that taking land and homes of minority residents in the 8.5 Square Mile Area and any flooding of private property in the 8.5 Square Mile Area that would be caused by restoring flows prior to providing the protection required by PL 101-229, would be a gross breach of Latino minority human rights and constitute indefensible discrimination by the governments and officials perpetuating such actions, and

- LULAC condemns any attempt to take the property of the residents of the 8.5 Square Mile Area, and further condemns any actions that would restore water flows to the Slough and flood private property in the 8.5 Square Mile Area prior to having provided the protection directed by Congress in PL 101-229 and will take such actions as deemed necessary, including initiating and/or intervening in litigation to assist the minority residents of the 8.5 Square Mile Area in their struggle against injustice.

Submitted by:
Armando Pomar, LULAC Florida State Director

Approved this 9th day of June, 2001.

Rick Dovalina
LULAC National President