CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1701 -->
Congress finds and declares that—
(a) there are pending before the United States District Court for the District of Rhode Island two consolidated actions that involve Indian claims to certain public and private lands within the town of Charlestown, Rhode Island;
(b) the pendency of these lawsuits has resulted in severe economic hardships for the residents of the town of Charlestown by clouding the titles to much of the land in the town, including lands not involved in the lawsuits;
(c) the Congress shares with the State of Rhode Island and the parties to the lawsuits a desire to remove all clouds on titles resulting from such Indian land claims within the State of Rhode Island; and
(d) the parties to the lawsuits and others interested in the settlement of Indian land claims within the State of Rhode Island have executed a Settlement Agreement which requires implementing legislation by the Congress of the United States and the legislature of the State of Rhode Island.
provided: "That this Act [enacting this subchapter] may be cited as the 'Rhode Island Indian Claims Settlement Act'."
For short title of
which enacted subchapter II of this chapter, as the "Maine Indian Claims Settlement Act of 1980", see section 1 of
set out as a note under section 1721 of this title .
For short title of
which enacted subchapter III of this chapter, as the "Florida Indian Land Claims Settlement Act of 1982", see section 1 of
set out as a note under section 1741 of this title .
For short title of
which enacted subchapter IV of this chapter, as the "Mashantucket Pequot Indian Claims Settlement Act", see section 1 of
set out as a note under section 1751 of this title .
For short title of
which enacted subchapter V of this chapter, as the "Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987", see section 1 of
set out as a note under section 1771 of this title .
For short title of
which enacted subchapter VI of this chapter, as the "Seminole Indian Land Claims Settlement Act of 1987", see section 1 of
set out as a note under section 1772 of this title .
For short title of
which enacted subchapter VII of this chapter, as the "Puyallup Tribe of Indians Settlement Act of 1989", see section 1 of
set out as a note under section 1773 of this title .
For short title of
which enacted subchapter VIII of this chapter, as the "Seneca Nation Settlement Act of 1990", see section 1 of
set out as a note under section 1774 of this title .
For short title of
which enacted subchapter IX of this chapter, as the "Mohegan Nation of Connecticut Land Claims Settlement Act of 1994", see section 1 of
set out as a note under section 1775 of this title .
For short title of
which enacted subchapter X of this chapter, as the "Crow Boundary Settlement Act of 1994", see section 1 of
set out as a note under section 1776 of this title .
For short title of
which enacted subchapter XI of this chapter, as the "Santo Domingo Pueblo Claims Settlement Act of 2000", see section 1 of
set out as a note under section 1777 of this title .
For short title of title VI of
which enacted subchapter XII of this chapter, as the "Torres-Martinez Desert Cahuilla Indians Claims Settlement Act", see section 601 of
set out as a note under section 1778 of this title .
For short title of title VI of
which enacted subchapter XIII of this chapter, as the "Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act", see section 601 of
set out as a note under section 1779 of this title .
For short title of
which enacted subchapter XIV of this chapter, as the "Pueblo de San Ildefonso Claims Settlement Act of 2005", see section 1 of
set out as a note under section 1780 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1702 -->
For the purposes of this subchapter, the term—
(a) "Indian Corporation" means the Rhode Island nonbusiness corporation known as the "Narragansett Tribe of Indians";
(b) "land or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resource, including but not limited to, minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish;
(c) "lawsuits" means the actions entitled "Narragansett Tribe of Indians v. Southern Rhode Island Land Development Co., et al., C.A. No. 75–0006 (D.R.I.)" and "Narragansett Tribe of Indians v. Rhode Island Director of Environmental Management, C.A. No. 75–0005 (D.R.I.)";
(d) "private settlement lands" means approximately nine hundred acres of privately held land outlined in red in the map marked "Exhibit A" attached to the Settlement Agreement that are to be acquired by the Secretary from certain private landowners pursuant to sections 1704 and 1707 of this title ;
(e) "public settlement lands" means the lands described in paragraph 2 of the Settlement Agreement that are to be conveyed by the State of Rhode Island to the State Corporation pursuant to legislation as described in section 1706 of this title ;
(f) "settlement lands" means those lands defined in subsections (d) and (e) of this section;
(g) "Secretary" means the Secretary of the Interior;
(h) "settlement agreement" means the document entitled "Joint Memorandum of Understanding Concerning Settlement of the Rhode Island Indian Land Claims", executed as of February 28, 1978, by representatives of the State of Rhode Island, of the town of Charlestown, and of the parties to the lawsuits, as filed with the Secretary of the State of Rhode Island;
(i) "State Corporation" means the corporation created or to be created by legislation enacted by the State of Rhode Island as described in section 1706 of this title ; and
(j) "transfer" includes but is not limited to any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance, or any event or events that resulted in a change of possession or control of land or natural resources.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1703 -->
There is hereby established in the United States Treasury a fund to be known as the Rhode Island Indian Claims Settlement Fund into which $3,500,000 shall be deposited following the appropriation authorized by section 1710 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1704 -->
The Secretary shall accept assignment of reasonable two-year option agreements negotiated by the Governor of the State of Rhode Island or his designee for the purchase of the private settlement lands: Provided, That the terms and conditions specified in such options are reasonable and that the total price for the acquisition of such lands, including reasonable costs of acquisition, will not exceed the amount specified in section 1703 of this title . If the Secretary does not determine that any such option agreement is unreasonable within sixty days of its submission, the Secretary will be deemed to have accepted the assignment of the option.
Payment for any option entered into pursuant to subsection (a) of this section shall be in the amount of 5 per centum of the fair market value of the land or natural resources as of the date of the agreement and shall be paid from the fund established by section 1703 of this title .
The total amount of the option fees paid pursuant to subsection (b) of this section shall not exceed $175,000.
The option fee for each option agreement shall be applied to the agreed purchase price in the agreement if the purchase of the defendant's land or natural resources is completed in accordance with the terms of the option agreement.
The payment for each option may be retained by the party granting the option if the property transfer contemplated by the option agreement is not completed in accordance with the terms of the option agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1705 -->
If the Secretary finds that the State of Rhode Island has satisfied the conditions set forth in section 1706 of this title , he shall publish such findings in the Federal Register and upon such publication—
(1) any transfer of land or natural resources located anywhere within the United States from, by, or on behalf of the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, and any transfer of land or natural resources located anywhere within the town of Charlestown, Rhode Island, by, from, or on behalf of any Indian, Indian nation, or tribe of Indians, including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation or tribe of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790, ch. 33, sec. 4, 1 Stat. 137 , and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer;
(2) to the extent that any transfer of land or natural resources described in subsection (a) of this section may involve land or natural resources to which the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, had aboriginal title, subsection (a) of this section shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and
(3) by virtue of the approval of a transfer of land or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or right involving such land or natural resources (including but not limited to claims for trespass damages or claims for use and occupancy) shall be regarded as extinguished as of the date of the transfer.
Any Indian, Indian nation, or tribe of Indians (other than the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof) whose transfer of land or natural resources was approved or whose aboriginal title or claims were extinguished by subsection (a) of this section may, within a period of one hundred and eighty days after publication of the Secretary's findings pursuant to this section, bring an action against the State Corporation in lieu of an action against any other person against whom a cause may have existed in the absence of this section. In any such action, the remedy shall be limited to a right of possession of the settlement lands.
The Trade and Intercourse Act of 1790, Act of July 22, 1790, ch. 33, sec. 4, 1 Stat. 137 , referred to in subsec. (a)(1), was not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1706 -->
Section 1705 of this title shall not take effect until the Secretary finds—
(a) that the State of Rhode Island has enacted legislation creating or authorizing the creation of a State chartered corporation satisfying the following criteria:
(1) the corporation shall be authorized to acquire, perpetually manage, and hold the settlement lands;
(2) the corporation shall be controlled by a board of directors, the majority of the members of which shall be selected by the Indian Corporation or its successor, and the remaining members of which shall be selected by the State of Rhode Island; and
(3) the corporation shall be authorized, after consultation with appropriate State officials, to establish its own regulations concerning hunting and fishing on the settlement lands, which need not comply with regulations of the State of Rhode Island but which shall establish minimum standards for the safety of persons and protection of wildlife and fish stock; and
(b) that State of Rhode Island has enacted legislation authorizing the conveyance to the State Corporation of land and natural resources that substantially conform to the public settlement lands as described in paragraph 2 of the Settlement Agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1707 -->
When the Secretary determines that the State Corporation described in section 1706(a) of this title has been created and will accept the settlement lands, the Secretary shall exercise within sixty days the options entered into pursuant to section 1704 of this title and assign the private settlement lands thereby purchased to the State Corporation.
Any moneys remaining in the fund established by section 1703 of this title after the purchase described in subsection (a) of this section shall be returned to the general Treasury of the United States.
Upon the discharge of the Secretary's duties under sections 1704, 1705, 1706, and 1707 of this title , the United States shall have no further duties or liabilities under this subchapter with respect to the Indian Corporation or its successor, the State Corporation, or the settlement lands: Provided, however, That if the Secretary subsequently acknowledges the existence of the Narragansett Tribe of Indians, then the settlement lands may not be sold, granted, or otherwise conveyed or leased to anyone other than the Indian Corporation, and no such disposition of the settlement lands shall be of any validity in law or equity, unless the same is approved by the Secretary pursuant to regulations adopted by him for that purpose: Provided, however, That nothing in this subchapter shall affect or otherwise impair the ability of the State Corporation to grant or otherwise convey (including any involuntary conveyance by means of eminent domain or condemnation proceedings) any easement for public or private purposes pursuant to the laws of the State of Rhode Island.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1708 -->
Except as otherwise provided in this subchapter, the settlement lands shall be subject to the civil and criminal laws and jurisdiction of the State of Rhode Island.
For purposes of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), settlement lands shall not be treated as Indian lands.
The Indian Gaming Regulatory Act, referred to in subsec. (b), is
Oct. 17, 1988, 102 Stat. 2467 , as amended, which is classified principally to chapter 29 (§2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
substituted "Applicability of State law; treatment of settlement lands under Indian Gaming Regulatory Act" for "Applicability of State law" in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsec. (b).
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1709 -->
Nothing contained in this subchapter or in any legislation enacted by the State of Rhode Island as described in section 1706 of this title shall affect or otherwise impair in any adverse manner any benefits received by the State of Rhode Island under the Federal Aid in Wildlife Restoration Act of September 2, 1937 ( 16 U.S.C. 669–669(i) ), or the Federal Aid in Fish Restoration Act of August 9, 1950 ( 16 U.S.C. 777–777(k) ).
The Federal Aid in Wildlife Restoration Act of September 2, 1937, referred to in text, is act Sept. 2, 1937, ch. 899, 50 Stat. 917 , as amended, also known as the Pittman-Robertson Wildlife Restoration Act, which is classified generally to chapter 5B (§669 et seq.) of Title 16 , Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 669 of Title 16 and Tables.
The Federal Aid in Fish Restoration Act of August 9, 1950, referred to in text, is act Aug. 9, 1950, ch. 658, 64 Stat. 430 , as amended, also known as the Dingell-Johnson Sport Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§777 et seq.) of Title 16 , Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 777 of Title 16 and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1710 -->
There is hereby authorized to be appropriated $3,500,000 to carry out the purposes of this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1711 -->
Notwithstanding any other provision of law, any action to contest the constitutionality of this subchapter shall be barred unless the complaint is filed within one hundred and eighty days of September 30, 1978. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Rhode Island.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part A-General Provisions!@!Sec. 1712 -->
Except as provided in subsection (b) of this section—
(1) any transfer of land or natural resources located anywhere within the State of Rhode Island outside the town of Charlestown from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (other than transfers included in and approved by section 1705 of this title ), including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137 ), and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer;
(2) to the extent that any transfer of land or natural resources described in paragraph (1) may involve land or natural resources to which such Indian, Indian nation, or tribe of Indians had aboriginal title, paragraph (1) shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and
(3) by virtue of the approval of such transfers of land or natural resources effected by this subsection or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by any such Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or rights involving such land or natural resources (including but not limited to claims for trespass damages or claims for use and occupancy), shall be regarded as extinguished as of the date of the transfer.
This section shall not apply to any claim, right, or title of any Indian, Indian nation, or tribe of Indians that is asserted in an action commenced in a court of competent jurisdiction within one hundred and eighty days of September 30, 1978: Provided, That the plaintiff in any such action shall cause notice of the action to be served upon the Secretary and the Governor of the State of Rhode Island.
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137 ), referred to in subsec. (a)(1), was not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part B-Tax Treatment -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part B-Tax Treatment!@!Sec. 1715 -->
Except as otherwise provided in subsections (b) and (c) of this section, the settlement lands received by the State Corporation shall not be subject to any form of Federal, State, or local taxation while held by the State Corporation.
The exemption provided in subsection (a) of this section shall not apply to any income-producing activities occurring on the settlement lands.
Nothing in this subchapter shall prevent the making of payments in lieu of taxes by the State Corporation for services provided in connection with the settlement lands.
title II, §201, as added
provided that: "The amendment made by subsection (a) [enacting this part] shall take effect on September 30, 1978."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT!@!Part B-Tax Treatment!@!Sec. 1716 -->
For purposes of title 26, any sale or disposition of private settlement lands pursuant to the terms and conditions of the settlement agreement shall be treated as an involuntary conversion within the meaning of section 1033 of title 26 .
title II, §202, as added
substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever appearing, which for purposes of codification was translated as "title 26" thus requiring no change in text.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1721 -->
Congress hereby finds and declares that:
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the Maliseet Tribe are asserting claims for possession of lands within the State of Maine and for damages on the ground that the lands in question were originally transferred in violation of law, including, but without limitation, the Trade and Intercourse Act of 1790 ( 1 Stat. 137 ), or subsequent reenactments or versions thereof.
(2) The Indians, Indian nations, and tribes and bands of Indians, other than the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians, that once may have held aboriginal title to lands within the State of Maine long ago abandoned their aboriginal holdings.
(3) The Penobscot Nation, as represented as of the time of passage of this subchapter by the Penobscot Nation's Governor and Council, is the sole successor in interest to the aboriginal entity generally known as the Penobscot Nation which years ago claimed aboriginal title to certain lands in the State of Maine.
(4) The Passamaquoddy Tribe, as represented as of the time of passage of this subchapter by the Joint Tribal Council of the Passamaquoddy Tribe, is the sole successor in interest to the aboriginal entity generally known as the Passamaquoddy Tribe which years ago claimed aboriginal title to certain lands in the State of Maine.
(5) The Houlton Band of Maliseet Indians, as represented as of the time of passage of this subchapter by the Houlton Band Council, is the sole successor in interest, as to lands within the United States, to the aboriginal entity generally known as the Maliseet Tribe which years ago claimed aboriginal title to certain lands in the State of Maine.
(6) Substantial economic and social hardship to a large number of landowners, citizens, and communities in the State of Maine, and therefore to the economy of the State of Maine as a whole, will result if the aforementioned claims are not resolved promptly.
(7) This subchapter represents a good faith effort on the part of Congress to provide the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians with a fair and just settlement of their land claims. In the absence of congressional action, these land claims would be pursued through the courts, a process which in all likelihood would consume many years and thereby promote hostility and uncertainty in the State of Maine to the ultimate detriment of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, their members, and all other citizens of the State of Maine.
(8) The State of Maine, with the agreement of the Passamaquoddy Tribe and the Penobscot Nation, has enacted legislation defining the relationship between the Passamaquoddy Tribe, the Penobscot Nation, and their members, and the State of Maine.
(9) Since 1820, the State of Maine has provided special services to the Indians residing within its borders, including the members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians. During this same period, the United States provided few special services to the respective tribe, nation, or band, and repeatedly denied that it had jurisdiction over or responsibility for the said tribe, nation, and band. In view of this provision of special services by the State of Maine, requiring substantial expenditures by the State of Maine and made by the State of Maine without being required to do so by Federal law, it is the intent of Congress that the State of Maine not be required further to contribute directly to this claims settlement.
It is the purpose of this subchapter—
(1) to remove the cloud on the titles to land in the State of Maine resulting from Indian claims;
(2) to clarify the status of other land and natural resources in the State of Maine;
(3) to ratify the Maine Implementing Act, which defines the relationship between the State of Maine and the Passamaquoddy Tribe, and the Penobscot Nation, and
(4) to confirm that all other Indians, Indian nations and tribes and bands of Indians now or hereafter existing or recognized in the State of Maine are and shall be subject to all laws of the State of Maine, as provided herein.
The Trade and Intercourse Act of 1790 ( 1 Stat. 137 ), referred to in subsec. (a)(1), is act July 22, 1790, ch. 33, 1 Stat. 137 , which was not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
provided: "That this Act [enacting this subchapter] may be cited as the 'Maine Indian Claims Settlement Act of 1980'."
"This Act may be cited as the 'Aroostook Band of Micmacs Settlement Act'.
"(a) Findings and Policy .—Congress hereby finds and declares that:
"(1) The Aroostook Band of Micmacs, as represented as of the time of passage of this Act by the Aroostook Micmac Council, is the sole successor in interest, as to lands within the United States, to the aboriginal entity generally known as the Micmac Nation which years ago claimed aboriginal title to certain lands in the State of Maine.
"(2) The Band was not referred to in the Maine Indian Claims Settlement Act of 1980 [ 25 U.S.C. 1721 et seq. ] because historical documentation of the Micmac presence in Maine was not available at that time.
"(3) This documentation does establish the historical presence of Micmacs in Maine and the existence of aboriginal lands in Maine jointly used by the Micmacs and other tribes to which the Micmacs could have asserted aboriginal title but for the extinguishment of all such claims by the Maine Indian Claims Settlement Act of 1980.
"(4) The Aroostook Band of Micmacs, in both its history and its presence in Maine, is similar to the Houlton Band of Maliseet Indians and would have received similar treatment under the Maine Indian Claims Settlement Act of 1980 if the information available today had been available to Congress and the parties at that time.
"(5) It is now fair and just to afford the Aroostook Band of Micmacs the same settlement provided to the Houlton Band of Maliseet Indians for the settlement of that Band's claims, to the extent they would have benefited from inclusion in the Maine Indian Claims Settlement Act of 1980.
"(6) Since 1820, the State of Maine has provided special services to the Indians residing within its borders, including the members of the Aroostook Band of Micmacs. During this same period, the United States provided few special services to the Band and repeatedly denied that it had jurisdiction over or responsibility for the Indian groups in Maine. In view of this provision of special services by the State of Maine, requiring substantial expenditures by the State of Maine and made by the State of Maine without being required to do so by Federal law, it is the intent of Congress that the State of Maine not be required further to contribute directly to this settlement.
"(b) Purpose .—It is the purpose of this Act to—
"(1) provide Federal recognition of the Band;
"(2) provide to the members of the Band the services which the United States provides to Indians because of their status as Indians; and
"(3) place $900,000 in a land acquisition fund and property tax fund for the future use of the Aroostook Band of Micmacs; and
"(4) ratify the Micmac Settlement Act, which defines the relationship between the State of Maine and the Aroostook Band of Micmacs.
"For the purposes of this Act:
"(1) The term 'Band' means the Aroostook Band of Micmacs, the sole successor to the Micmac Nation as constituted in aboriginal times in what is now the State of Maine, and all its predecessors and successors in interest. The Aroostook Band of Micmacs is represented, as of the date of enactment of this Act [Nov. 26, 1991], as to lands within the United States, by the Aroostook Micmac Council.
"(2) The term 'Band Tax Fund' means the fund established under section 4(b) of this Act.
"(3) The term 'Band Trust Land' means land or natural resources acquired by the Secretary of the Interior and held in trust by the United States for the benefit of the Band.
"(4) The term 'land or natural resources' means any real property or natural resources, or any interest in or right involving any real property or natural resources, including (but not limited to) minerals and mineral rights, timber and timber rights, water and water rights, and hunting and fishing rights.
"(5) The term 'Land Acquisition Fund' means the fund established under section 4(a) of this Act.
"(6) The term 'laws of the State' means the constitution, and all statutes, regulations, and common laws of the State of Maine and its political subdivisions and all subsequent amendments thereto or judicial interpretations thereof.
"(7) The term 'Maine Implementing Act' means the Act entitled 'Act to Implement the Maine Indian Claims Settlement' that was enacted by the State of Maine in chapter 732 of the Maine Public Laws of 1979, as amended by chapter 675 of the Maine Public Laws of 1981 and chapter 672 of the Maine Public Laws of 1985, and all subsequent amendments thereto.
"(8) The term 'Micmac Settlement Act' means the Act entitled 'Act to implement the Aroostook Band of Micmacs Settlement Act' that was enacted by the State of Maine in chapter 148 of the Maine Public Laws of 1989, and all subsequent amendments thereto.
"(9) The term 'Secretary' means the Secretary of the Interior.
"(a) Land Acquisition Fund .—There is hereby established in the Treasury of the United States a fund to be known as the Aroostook Band of Micmacs Land Acquisition Fund, into which $900,000 shall be deposited by the Secretary following the appropriation of sums authorized by section 10.
"(b) Band Tax Fund .—(1) There is hereby established in the Treasury of the United States a fund to be known as the Aroostook Band of Micmacs Tax Fund, into which shall be deposited $50,000 in accordance with the provisions of this Act.
"(2) Income accrued on the Land Acquisition Fund shall be transferred to the Band Tax Fund until a total of $50,000 has been transferred to the Band Tax Fund under this paragraph. No transfer shall be made under this subsection if such transfer would diminish the Land Acquisition Fund to a balance of less than $900,000.
"(3) Whenever funds are transferred to the Band Tax Fund under paragraph (2), the Secretary shall publish notice of such transfer in the Federal Register. Such notice shall specify when the total amount of $50,000 has been transferred to the Band Tax Fund.
"(4) The Secretary shall manage the Band Tax Fund in accordance with section 1 of the Act of June 24, 1938 ( 52 Stat. 1037 ; 25 U.S.C. 162a ), and shall utilize the principal and interest of the Band Tax Fund only as provided in paragraph (5) and section 5(d) and for no other purpose.
"(5) Notwithstanding the provisions of title 31, United States Code , the Secretary shall pay out of the Band Tax Fund, all valid claims for taxes, payments in lieu of property taxes, and fees, together with any interest and penalties thereon—
"(A) for which the Band is determined to be liable;
"(B) which are final and not subject to further administrative or judicial review; and
"(C) which have been certified by the Commissioner of Finance in the State of Maine as valid claims that meet the requirements of this paragraph.
"(c) Source for Certain Payments .—Notwithstanding any other provision of law, if—
"(1) the Band is liable to the State of Maine or any county, district, municipality, city, town, village, plantation, or any other political subdivision thereof for any tax, payment in lieu of property tax, or fees, together with any interest and penalties thereon, and
"(2) there are insufficient funds in the Band Tax Fund to pay such tax, payment, or fee (together with any interest or penalties thereon) in full,
the deficiency shall be paid by the Band only from income-producing property owned by the Band which is not held in trust for the Band by the United States and the Band shall not be required to pay such tax, payment, or fee (or any interest or penalty thereon) from any other source.
"(d) Procedure for Filing and Payment of Claims .—The Secretary shall, after consultation with the Commissioner of Finance of the State of Maine, and the Band, prescribe written procedures governing the filing and payment of claims under this section.
"(a) In General .—Subject to the provisions of section 4, the Secretary is authorized and directed to expend, at the request of the Band, the principal of, and income accruing on, the Land Acquisition Fund for the purposes of acquiring land or natural resources for the Band and for no other purposes. Land or natural resources acquired within the State of Maine with funds expended under the authority of this subsection shall be held in trust by the United States for the benefit of the Band.
"(b) Alienation .—(1) Land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of the Band may be alienated only by—
"(A) takings for public use pursuant to the laws of the State of Maine as provided in subsection (c);
"(B) takings for public use pursuant to the laws of the United States; or
"(C) transfers made pursuant to an Act or joint resolution of Congress.
All other transfers of land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of such Band shall be void ab initio and without any validity in law or equity.
"(2) The provisions of paragraph (1) shall not prohibit or limit transfers of individual use assignments of land or natural resources from one member of the Band to another member of such Band.
"(3) Land or natural resources held in trust for the benefit of the Band may, at the request of the Band, be—
"(A) leased in accordance with the Act of August 9, 1955 ( 25 U.S.C. 415 et seq. );
"(B) leased in accordance with the Act of May 11, 1938 ( 25 U.S.C. 396a et seq. );
"(C) sold in accordance with section 7 of the Act of June 25, 1910 ( 25 U.S.C. 407 );
"(D) subjected to rights-of-way in accordance with the Act of February 5, 1948 ( 25 U.S.C. 323 et seq. );
"(E) exchanged for other land or natural resources of equal value, or if they are not equal, the values shall be equalized by the payment of money to the grantor or to the Secretary for deposit in the land acquisition fund for the benefit of the Band, as the circumstances require, so long as payment does not exceed 25 percent of the total value of the interests in land to be transferred by the Band; and
"(F) sold, only if at the time of sale the Secretary has entered into an option agreement or contract of sale to purchase other lands of approximate equal value.
"(c) Condemnation by State of Maine and Political Subdivisions Thereof .—(1) Land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of the Band may be condemned for public purposes by the State of Maine, or any political subdivision thereof, only upon such terms and conditions as shall be agreed upon in writing between the State and such Band after the date of enactment of this Act [Nov. 26, 1991].
"(2) The consent of the United States is hereby given to the State of Maine to further amend the Micmac Settlement Act for the purpose of embodying the agreement described in paragraph (1).
"(d) Acquisition .—(1) Lands and natural resources may be acquired by the Secretary for the Band only if the Secretary has, at any time prior to such acquisition—
"(A) transmitted a letter to the Secretary of State of the State of Maine stating that the Band Tax Fund contains $50,000; and
"(B) provided the Secretary of State of the State of Maine with a copy of the procedures for filing and payment of claims prescribed under section 4(d).
"(2)(A) No land or natural resources may be acquired by the Secretary for the Band until the Secretary files with the Secretary of State of the State of Maine a certified copy of the deed, contract, or other conveyance setting forth the location and boundaries of the land or natural resources to be acquired.
"(B) For purposes of subparagraph (A), a filing with the Secretary of State of the State of Maine may be made by mail and, if such method of filing is used, shall be considered to be completed on the date on which the document is properly mailed to the Secretary of State of the State of Maine.
"(3) Notwithstanding the provisions of the first section of the Act of August 1, 1888 ( 40 U.S.C. 257 ) [now 40 U.S.C. 3113 ] and the first section of the Act of February 26, 1931 ( 40 U.S.C. 258a ) [now 40 U.S.C. 3114(a) –(d)], the Secretary may acquire land or natural resources under this section from the ostensible owner of the land or natural resources only if the Secretary and the ostensible owner of the land or natural resources have agreed upon the identity of the land or natural resources to be sold and upon the purchase price and other terms of sale. Subject to the agreement required by the preceding sentence, the Secretary may institute condemnation proceedings in order to perfect title, satisfactory to the Attorney General of the United States, in the United States and condemn interests adverse to the ostensible owner.
"(4)(A) When trust or restricted land or natural resources of the Band are condemned pursuant to any law of the United States other than this Act, the proceeds paid in compensation for such condemnation shall be deposited into the Land Acquisition Fund and shall be reinvested in acreage within unorganized or unincorporated areas of the State of Maine. When the proceeds are reinvested in land whose acreage does not exceed that of the land taken, all the land shall be acquired in trust. When the proceeds are invested in land whose acreage exceeds the acreage of the land taken, the Band shall designate, with the approval of the United States, and within 30 days of such reinvestment, that portion of the land acquired by the reinvestment, not to exceed the area taken, which shall be acquired in trust. The land acquired from the proceeds that is not acquired in trust shall be held in fee by the Band. The Secretary shall certify, in writing, to the Secretary of State of the State of Maine the location, boundaries, and status of the land acquired from the proceeds.
"(B) The State of Maine shall have initial jurisdiction over condemnation proceedings brought under this section. The United States shall be a necessary party to any such condemnation proceedings. After exhaustion of all State administrative remedies, the United States is authorized to seek judicial review of all relevant matters involved in such condemnation proceedings in the courts of the United States and shall have an absolute right of removal, at its discretion, over any action commenced in the courts of the State.
"(5) Land or natural resources acquired by the Secretary in trust for the Band shall be managed and administered in accordance with terms established by the Band and agreed to by the Secretary in accordance with section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450f ) or other applicable law.
"(a) Federal Recognition .—Federal recognition is hereby extended to the Aroostook Band of Micmacs. The Band shall be eligible to receive all of the financial benefits which the United States provides to Indians and Indian tribes to the same extent, and subject to the same eligibility criteria, generally applicable to other federally recognized Indians and Indian tribes.
"(b) Application of Federal Law .—For the purposes of application of Federal law, the Band and its lands shall have the same status as other tribes and their lands accorded Federal recognition under the terms of the Maine Indian Claims Settlement Act of 1980 [ 25 U.S.C. 1721 et seq. ].
"(c) Eligibility for Special Services .—Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, any member of the Band in Aroostook County, Maine, shall be eligible for such services without regard to the existence of a reservation or the residence of members of the Band on or near a reservation.
"(d) Agreements With State Regarding Jurisdiction .—The State of Maine and the Band are authorized to execute agreements regarding the jurisdiction of the State of Maine over lands owned by, or held in trust for the benefit of, the Band or any member of the Band. The consent of the United States is hereby given to the State of Maine to amend the Micmac Settlement Act for this purpose: Provided, That such amendment is made with the agreement of the Aroostook Band of Micmacs.
"(a) In General .—The Band may organize for its common welfare and adopt an appropriate instrument in writing to govern the affairs of the Band when acting in its governmental capacity. Such instrument and any amendments thereto must be consistent with the terms of this Act. The Band shall file with the Secretary a copy of its organic governing document and any amendments thereto.
"(b) Members .—For purposes of benefits provided by reason of this Act, only persons who are citizens of the United States may be considered members of the Band except persons who, as of the date of enactment of this Act [Nov. 26, 1991], are enrolled members on the Band's existing membership roll, and direct lineal descendants of such members. Membership in the Band shall be subject to such further qualifications as may be provided by the Band in its organic governing document, or amendments thereto, subject to approval by the Secretary.
"For the purposes of this section, the Band is an 'Indian tribe' within the meaning of section 4(8) of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1903(8) ), except that nothing in this section shall alter or affect the jurisdiction of the State of Maine over child welfare matters as provided by the Maine Indian Claims Settlement Act of 1980 [ 25 U.S.C. 1721 et seq. ].
"(a) State of Maine .—No payments to be made for the benefit of the Band pursuant to this Act shall be considered by any agency or department of the United States in determining or computing the eligibility of the State of Maine for participation in any financial aid program of the United States.
"(b) Band and Members of the Band .—(1) The eligibility for, or receipt of, payments from the State of Maine by the Band or any of its members shall not be considered by any department or agency of the United States in determining the eligibility of, or computing payments to, the Band or any of the members of the Band under any Federal financial aid program.
"(2) To the extent that eligibility for the benefits of any Federal financial aid program is dependent upon a showing of need by the applicant, the administering agency shall not be barred by this subsection from considering the actual financial situation of the applicant.
"There are authorized to be appropriated $900,000 for the fiscal year 1992 for transfer to the Aroostook Band of Micmacs Land Acquisition Fund.
"In the event of a conflict of interpretation between the provisions of the Maine Implementing Act, the Micmac Settlement Act, or the Maine Indian Claims Settlement Act of 1980 [ 25 U.S.C. 1721 et seq. ] and this Act, the provisions of this Act shall govern.
"No provision of this Act may be construed to confer jurisdiction to sue, or to grant implied consent to the Band to sue, the United States or any of its officers with respect to the claims extinguished by the Maine Indian Claims Settlement Act of 1980 [ 25 U.S.C. 1721 et seq. ]."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1722 -->
For purposes of this subchapter, the term—
(a) "Houlton Band of Maliseet Indians" means the sole successor to the Maliseet Tribe of Indians as constituted in aboriginal times in what is now the State of Maine, and all its predecessors and successors in interest. The Houlton Band of Maliseet Indians is represented, as of October 10, 1980, as to lands within the United States, by the Houlton Band Council of the Houlton Band of Maliseet Indians;
(b) "land or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resources, including but without limitation minerals and mineral rights, timber and timber rights, water and water rights, and hunting and fishing rights;
(c) "Land Acquisition Fund" means the Maine Indian Claims Land Acquisition Fund established under section 1724(c) of this title ;
(d) "laws of the State" means the constitution, and all statutes, regulations, and common laws of the State of Maine and its political subdivisions and all subsequent amendments thereto or judicial interpretations thereof;
(e) "Maine Implementing Act" means section 1, section 30, and section 31, of the "Act to Implement the Maine Indian Claims Settlement" enacted by the State of Maine in chapter 732 of the public laws of 1979;
(f) "Passamaquoddy Indian Reservation" means those lands as defined in the Maine Implementing Act;
(g) "Passamaquoddy Indian Territory" means those lands as defined in the Maine Implementing Act;
(h) "Passamaquoddy Tribe" means the Passamaquoddy Indian Tribe, as constituted in aboriginal times and all its predecessors and successors in interest. The Passamaquoddy Tribe is represented, as of October 10, 1980, by the Joint Tribal Council of the Passamaquoddy Tribe, with separate councils at the Indian Township and Pleasant Point Reservations;
(i) "Penobscot Indian Reservation" means those lands as defined in the Maine Implementing Act;
(j) "Penobscot Indian Territory" means those lands as defined in the Maine Implementing Act;
(k) "Penobscot Nation" means the Penobscot Indian Nation as constituted in aboriginal times, and all its predecessors and successors in interest. The Penobscot Nation is represented, as of October 10, 1980, by the Penobscot Nation Governor and Council;
(l) "Secretary" means the Secretary of the Interior;
(m) "Settlement Fund" means the Maine Indian Claims Settlement Fund established under section 1724(a) of this title ; and
(n) "transfer" includes but is not limited to any voluntary or involuntary sale, grant, lease, allotment, partition, or other conveyance; any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance; and any act, event, or circumstance that resulted in a change in title to, possession of, dominion over, or control of land or natural resources.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1723 -->
(1) Any transfer of land or natural resources located anywhere within the United States from, by, or on behalf of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, or any of their members, and any transfer of land or natural resources located anywhere within the State of Maine, from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians, including but without limitation any transfer pursuant to any treaty, compact, or statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including but without limitation the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, Sec. 4, 1 Stat. 137 , 138 ), and all amendments thereto and all subsequent reenactments and versions thereof, and Congress hereby does approve and ratify any such transfer effective as of the date of said transfer: Provided however, That nothing in this section shall be construed to affect or eliminate the personal claim of any individual Indian (except for any Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians.
(2) The United States is barred from asserting on behalf of any Indian, Indian nation, or tribe or band of Indians any claim under the laws of the State of Maine arising before October 10, 1980, and arising from any transfer of land or natural resources by any Indian, Indian nation, or tribe or band of Indians, located anywhere within the State of Maine, including but without limitation any transfer pursuant to any treaty, compact, or statute of any State, on the grounds that such transfer was not made in accordance with the laws of the State of Maine.
(3) The United States is barred from asserting by or on behalf of any individual Indian any claim under the laws of the State of Maine arising from any transfer of land or natural resources located anywhere within the State of Maine from, by, or on behalf of any individual Indian, which occurred prior to December 1, 1873, including but without limitation any transfer pursuant to any treaty, compact, or statute of any State.
To the extent that any transfer of land or natural resources described in subsection (a)(1) of this section may involve land or natural resources to which the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, or any of their members, or any other Indian, Indian nation, or tribe or band of Indians had aboriginal title, such subsection (a)(1) of this section shall be regarded as an extinguishment of said aboriginal title as of the date of such transfer.
By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or any of their members or by any other Indian, Indian nation, tribe or band of Indians, or any predecessors or successors in interest thereof, arising at the time of or subsequent to the transfer and based on any interest in or right involving such land or natural resources, including but without limitation claims for trespass damages or claims for use and occupancy, shall be deemed extinguished as of the date of the transfer.
The provisions of this section shall take effect immediately upon appropriation of the funds authorized to be appropriated to implement the provisions of section 1724 of this title . The Secretary shall publish notice of such appropriation in the Federal Register when such funds are appropriated.
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, Sec. 4, 1 Stat. 137 , 138 ), referred to in subsec. (a)(1), was not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1724 -->
There is hereby established in the United States Treasury a fund to be known as the Maine Indian Claims Settlement Fund in which $27,000,000 shall be deposited following the appropriation of sums authorized by section 1733 of this title .
(1) One-half of the principal of the settlement fund shall be held in trust by the Secretary for the benefit of the Passamaquoddy Tribe, and the other half of the settlement fund shall be held in trust for the benefit of the Penobscot Nation. Each portion of the settlement fund shall be administered by the Secretary in accordance with reasonable terms established by the Passamaquoddy Tribe or the Penobscot Nation, respectively, and agreed to by the Secretary: Provided, That the Secretary may not agree to terms which provide for investment of the settlement fund in a manner not in accordance with section 162a of this title , unless the respective tribe or nation first submits a specific waiver of liability on the part of the United States for any loss which may result from such an investment: Provided, further, That until such terms have been agreed upon, the Secretary shall fix the terms for the administration of the portion of the settlement fund as to which there is no agreement.
(2) Under no circumstances shall any part of the principal of the settlement fund be distributed to either the Passamaquoddy Tribe or the Penobscot Nation, or to any member of either tribe or nation: Provided, however, That nothing herein shall prevent the Secretary from investing the principal of said fund in accordance with paragraph (1) of this subsection.
(3) The Secretary shall make available to the Passamaquoddy Tribe and the Penobscot Nation in quarterly payments, without any deductions except as expressly provided in section 1725(d)(2) of this title and without liability to or on the part of the United States, any income received from the investment of that portion of the settlement fund allocated to the respective tribe or nation, the use of which shall be free of regulation by the Secretary. The Passamaquoddy Tribe and the Penobscot Nation annually shall each expend the income from $1,000,000 of their portion of the settlement fund for the benefit of their respective members who are over the age of sixty. Once payments under this paragraph have been made to the tribe or nation, the United States shall have no further trust responsibility to the tribe or nation or their members with respect to the sums paid, any subsequent distribution of these sums, or any property or services purchased therewith.
There is hereby established in the United States Treasury a fund to be known as the Maine Indian Claims Land Acquisition Fund in which $54,500,000 shall be deposited following the appropriation of sums authorized by section 1733 of this title .
The principal of the land acquisition fund shall be apportioned as follows:
(1) $900,000 to be held in trust for the Houlton Band of Maliseet Indians;
(2) $26,800,000 to be held in trust for the Passamaquoddy Tribe; and
(3) $26,800,000 to be held in trust for the Penobscot Nation.
The Secretary is authorized and directed to expend, at the request of the affected tribe, nation or band, the principal and any income accruing to the respective portions of the land acquisition fund for the purpose of acquiring land or natural resources for the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians and for no other purpose. The first 150,000 acres of land or natural resources acquired for the Passamaquoddy Tribe and the first 150,000 acres acquired for the Penobscot Nation within the area described in the Maine Implementing Act as eligible to be included within the Passamaquoddy Indian Territory and the Penobscot Indian Territory shall be held in trust by the United States for the benefit of the respective tribe or nation. The Secretary is also authorized to take in trust for the Passamaquoddy Tribe or the Penobscot Nation any land or natural resources acquired within the aforesaid area by purchase, gift, or exchange by such tribe or nation. Land or natural resources acquired outside the boundaries of the aforesaid areas shall be held in fee by the respective tribe or nation, and the United States shall have no further trust responsibility with respect thereto. Land or natural resources acquired within the State of Maine for the Houlton Band of Maliseet Indians shall be held in trust by the United States for the benefit of the band: Provided, That no land or natural resources shall be so acquired for or on behalf of the Houlton Band of Maliseet Indians without the prior enactment of appropriate legislation by the State of Maine approving such acquisition: Provided further, That the Passamaquoddy Tribe and the Penobscot Nation shall each have a one-half undivided interest in the corpus of the trust, which shall consist of any such property or subsequently acquired exchange property, in the event the Houlton Band of Maliseet Indians should terminate its interest in the trust.
(4) The Secretary is authorized to, and at the request of either party shall, participate in negotiations between the State of Maine and the Houlton Band of Maliseet Indians for the purpose of assisting in securing agreement as to the land or natural resources to be acquired by the United States to be held in trust for the benefit of the Houlton Band. Such agreement shall be embodied in the legislation enacted by the State of Maine approving the acquisition of such lands as required by paragraph (3). The agreement and the legislation shall be limited to:
(A) provisions providing restrictions against alienation or taxation of land or natural resources held in trust for the Houlton Band no less restrictive than those provided by this subchapter and the Maine Implementing Act for land or natural resources to be held in trust for the Passamaquoddy Tribe or Penobscot Nation;
(B) provisions limiting the power of the State of Maine to condemn such lands that are no less restrictive than the provisions of this subchapter and the Maine Implementing Act that apply to the Passamaquoddy Indian Territory and the Penobscot Indian Territory but not within either the Passamaquoddy Indian Reservation or the Penobscot Indian Reservation;
(C) consistent with the trust and restricted character of the lands, provisions satisfactory to the State and the Houlton Band concerning:
(i) payments by the Houlton Band in lieu of payment of property taxes on land or natural resources held in trust for the band, except that the band shall not be deemed to own or use any property for governmental purposes under the Maine Implementing Act;
(ii) payments of other fees and taxes to the extent imposed on the Passamaquoddy Tribe and the Penobscot Nation under the Maine Implementing Act, except that the band shall not be deemed to be a governmental entity under the Maine Implementing Act or to have the powers of a municipality under the Maine Implementing Act;
(iii) securing performance of obligations of the Houlton Band arising after the effective date of agreement between the State and the band.
(D) provisions on the location of these lands.
Except as set forth in this subsection, such agreement shall not include any other provisions regarding the enforcement or application of the laws of the State of Maine. Within one year of October 10, 1980, the Secretary is directed to submit to the appropriate committees of the House of Representatives and the Senate having jurisdiction over Indian affairs a report on the status of these negotiations.
Notwithstanding the provisions of sections 3113 and 3114(a) to (d) of title 40, the Secretary may acquire land or natural resources under this section from the ostensible owner of the land or natural resources only if the Secretary and the ostensible owner of the land or natural resources have agreed upon the identity of the land or natural resources to be sold and upon the purchase price and other terms of sale. Subject to the agreement required by the preceding sentence, the Secretary may institute condemnation proceedings in order to perfect title, satisfactory to the Attorney General, in the United States and condemn interests adverse to the ostensible owner. Except for the provisions of this subchapter, the United States shall have no other authority to acquire lands or natural resources in trust for the benefit of Indians or Indian nations, or tribes, or bands of Indians in the State of Maine.
The Secretary may not expend on behalf of the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians any sums deposited in the funds established pursuant to the subsections (a) and (c) of this section unless and until he finds that authorized officials of the respective tribe, nation, or band have executed appropriate documents relinquishing all claims to the extent provided by sections 1723, 1730, and 1731 of this title and by section 6213 of the Maine Implementing Act, including stipulations to the final judicial dismissal with prejudice of their claims.
(1) The provisions of section 177 of this title shall not be applicable to (A) the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians or any other Indian, Indian nation, or tribe or band of Indians in the State of Maine, or (B) any land or natural resources owned by or held in trust for the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians or any other Indian, Indian nation or tribe or band of Indians in the State of Maine. Except as provided in subsections (d)(4) and (g)(2) of this section, such land or natural resources shall not otherwise be subject to any restraint on alienation by virtue of being held in trust by the United States or the Secretary.
(2) Except as provided in paragraph (3) of this subsection, any transfer of land or natural resources within Passamaquoddy Indian Territory or Penobscot Indian Territory, except (A) takings for public uses consistent with the Maine Implementing Act, (B) takings for public uses pursuant to the laws of the United States, or (C) transfers of individual Indian use assignments from one member of the Passamaquoddy Tribe or Penobscot Nation to another member of the same tribe or nation, shall be void ab initio and without any validity in law or equity.
(3) Land or natural resources within the Passamaquoddy Indian Territory or the Penobscot Indian Territory or held in trust for the benefit of the Houlton Band of Maliseet Indians may, at the request of the respective tribe, nation, or band, be—
(A) leased in accordance with sections 415 to 415d of this title ;
(B) leased in accordance with sections 396a to 396g of this title ;
(C) sold in accordance with section 407 of this title ;
(D) subjected to rights-of-way in accordance with sections 323 to 328 of this title ;
(E) exchanged for other land or natural resources of equal value, or if they are not equal, the values shall be equalized by the payment of money to the grantor or to the Secretary for deposit in the land acquisition fund for the benefit of the affected tribe, nation, or band, as the circumstances require, so long as payment does not exceed 25 per centum of the total value of the interests in land to be transferred by the tribe, nation, or band, and
(F) sold, only if at the time of sale the Secretary has entered into an option agreement or contract of sale to purchase other lands of approximate equal value.
Land or natural resources acquired by the Secretary in trust for the Passamaquoddy Tribe and the Penobscot Nation shall be managed and administered in accordance with terms established by the respective tribe or nation and agreed to by the Secretary in accordance with section 450f of this title , or other existing law.
(1) Trust or restricted land or natural resources within the Passamaquoddy Indian Reservation or the Penobscot Indian Reservation may be condemned for public purposes pursuant to the Maine Implementing Act. In the event that the compensation for the taking is in the form of substitute land to be added to the reservation, such land shall become a part of the reservation in accordance with the Maine Implementing Act and upon notification to the Secretary of the location and boundaries of the substitute land. Such substitute land shall have the same trust or restricted status as the land taken. To the extent that the compensation is in the form of monetary proceeds, it shall be deposited and reinvested as provided in paragraph (2) of this subsection.
(2) Trust land of the Passamaquoddy Tribe or the Penobscot Nation not within the Passamaquoddy Reservation or Penobscot Reservation may be condemned for public purposes pursuant to the Maine Implementing Act. The proceeds from any such condemnation shall be deposited in the land acquisition fund established by subsection (c) of this section and shall be reinvested in acreage within unorganized or unincorporated areas of the State of Maine. When the proceeds are reinvested in land whose acreage does not exceed that of the land taken, all the land shall be acquired in trust. When the proceeds are invested in land whose acreage exceeds the acreage of the land taken, the respective tribe or nation shall designate, with the approval of the United States, and within thirty days of such reinvestment, that portion of the land acquired by the reinvestment, not to exceed the area taken, which shall be acquired in trust. The land not acquired in trust shall be held in fee by the respective tribe or nation. The Secretary shall certify, in writing, to the Secretary of State of the State of Maine the location, boundaries, and status of the land acquired.
(3) The State of Maine shall have initial jurisdiction over condemnation proceedings brought under this section. The United States shall be a necessary party to any such condemnation proceedings. After exhaustion of all State administrative remedies, the United States is authorized to seek judicial review of all relevant matters in the courts of the United States and shall have an absolute right of removal, at its discretion, over any action commenced in the courts of the State.
When trust or restricted land or natural resources of the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians are condemned pursuant to any law of the United States other than this subchapter, the proceeds paid in compensation for such condemnation shall be deposited and reinvested in accordance with subsection (i)(2) of this section.
"Sections 3113 and 3114(a) to (d) of title 40" substituted in subsec. (e) for "section 1 of the Act of August 1, 1888 ( 25 Stat. 357 ), as amended, and section 1 of the Act of February 26, 1931 ( 46 Stat. 1421 )" on authority of
§5(c), Aug. 21, 2002, 116 Stat. 1303 , the first section of which enacted Title 40, Public Buildings, Property, and Works.
Oct. 27, 1986, 100 Stat. 3184 , provided: "That this Act may be cited as the 'Houlton Band of Maliseet Indians Supplementary Claims Settlement Act of 1986'.
" Sec . 2. For purposes of this Act—
"(1) The term 'Houlton Band Tax Fund' means the fund established under section 3.
"(2) The term 'Houlton Band trust land' means land or natural resources acquired by the Secretary of the Interior and held in trust by the United States for the benefit of the Houlton Band of Maliseet Indians in accordance with section 5(d) of the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1724(d) ; 94 Stat. 1789 ).
"(3) The term 'amended Maine Implementing Act' means the Maine Implementing Act (defined in section 3(e) of the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1722(e) ; 94 Stat. 1787 )) as amended by—
"(A) the 'Act to amend the Maine Implementing Act with respect to the Houlton Band of Maliseet Indians', enacted by the State of Maine in chapter 675 of the Public Laws of 1981, and
"(B) the State of Maine in chapter 672 of the Public Laws of 1985.
"(4) The term 'Secretary' means the Secretary of the Interior.
"(5) The term 'Houlton Band of Maliseet Indians' has the meaning given to such term by section 3(a) of the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1722(a) ).
" Sec . 3. (a) There is hereby established in the United States Treasury a fund to be known as the Houlton Band Tax Fund in which shall be deposited $200,000 in accordance with the provisions of this Act.
"(b)(1) Income accrued on the land acquisition fund established for the Houlton Band of Maliseet Indians pursuant to subsections (c) and (d)(1) of section 5 of the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1724 ; 94 Stat. 1789 ) shall be transferred to the Houlton Band Tax Fund. No transfer shall be made under this subsection if such transfer would diminish such land acquisition fund to a balance of less than $900,000.
"(2) Whenever funds are transferred to the Houlton Band Tax Fund pursuant to paragraph (1), the Secretary shall publish notice of such transfer in the Federal Register. Such notice shall specify when the full amount of $200,000 has been transferred to the Houlton Band Tax Fund.
"(c) The Secretary shall manage the Houlton Band Tax Fund in accordance with the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ), and shall utilize the principal and interest of such Fund only as provided in subsection (d) and for no other purpose.
"(d) Notwithstanding the provisions of section 3727 of title 31, United States Code , the Secretary shall pay out of the Houlton Band Tax Fund all valid claims for taxes, payments in lieu of property taxes, and fees, together with any interest and penalties thereon—
"(1) for which the Houlton Band of Maliseet Indians are determined to be liable under the terms of section 6208–A(2) of the amended Maine Implementing Act,
"(2) which are final and not subject to further administrative or judicial review, and
"(3) which have been certified by the Commissioner of Finance and Administration of the State of Maine as valid claims (within the meaning of section 6208–A(2) of the amended Maine Implementing Act) that meet the requirements of this subsection.
"(e) Notwithstanding any other provision of law, if—
"(1) the Houlton Band of Maliseet Indians is liable to the State of Maine or any county, district, municipality, city, town, village, plantation, or any other political subdivision thereof for any tax, payment in lieu of property tax, or fees, together with any interest or penalties thereon, and
"(2) there are insufficient funds in the Houlton Band Tax Fund to pay such tax, payment, or fee (together with any interest or penalties thereon) in full,
the deficiency shall be paid by the Houlton Band of Maliseet Indians only from income-producing property owned by such Band which is not held in trust for such Band by the United States, and such Band shall not be required to pay such tax, payment, or fee (or any interest or penalty thereon) from any other source.
"(f) The Secretary shall, after consultation with the Commissioner of Finance and Administration of the State of Maine and the Houlton Band of Maliseet Indians, prescribe written procedures governing the filing and payment of claims under this section and section 6208–A of the amended Maine Implementing Act.
" Sec . 4. (a) Subject to the provisions of section 3 of this Act, the Secretary is authorized and directed to expend, at the request of the Houlton Band of Maliseet Indians, the principal of, and income accruing on, the land acquisition fund established for such Band under subsections (c) and (d)(1) of section 5 of the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1724 ; 94 Stat. 1789 ) for the purposes of acquiring land or natural resources for such Band and for no other purpose. Land or natural resources so acquired within the State of Maine for such Band shall be held in trust by the United States for the benefit of such Band.
"(b)(1) Land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of the Houlton Band of Maliseet Indians may be alienated only by—
"(A) takings for public use pursuant to the laws of the State of Maine as provided in subsection (c),
"(B) takings for public use pursuant to the laws of the United States,
"(C) transfers authorized by section 5(g)(3) of the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1724(g)(3) ; 94 Stat. 1791 ), or
"(D) transfers made pursuant to an Act or joint resolution of Congress.
All other transfers of land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of such Band shall be void ab initio and without any validity in law or equity.
"(2) The provisions of paragraph (1) shall not prohibit or limit transfers of individual use assignments of land or natural resources from one member of the Houlton Band of Maliseet Indians to another member of such Band.
"(c)(1) Land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of the Houlton Band of Maliseet Indians may be condemned for public purposes by the State of Maine, or any political subdivision thereof, only upon such terms and conditions as shall be agreed upon in writing between the State and such Band after the date of enactment of this Act [Oct. 27, 1986].
"(2) The consent of the United States is hereby given to the State of Maine to further amend the amended Maine Implementing Act for the purpose of embodying the agreement described in paragraph (1).
"(d)(1) Lands and natural resources may be acquired by the Secretary for the Houlton Band of Maliseet Indians only if the Secretary has, at any time prior to such acquisition—
"(A) transmitted a letter to the Secretary of State of the State of Maine stating that the Houlton Band Tax Fund contains $200,000, and
"(B) provided the Secretary of State of the State of Maine with a copy of the procedures for filing and payment of claims prescribed under section 3(f).
"(2)(A) No land or natural resources may be acquired by the Secretary for the Houlton Band of Maliseet Indians until the Secretary—
"(i) files with the Secretary of State of the State of Maine a certified copy of the deed, contract, or other conveyance setting forth the location and boundaries of the land or natural resources to be acquired by the Secretary, or
"(ii) files with the Secretary of State of the State of Maine a certified copy of any instrument setting forth the location and boundaries of the land or natural resources to be acquired.
"(B) For purposes of subparagraph (A), filing with the Secretary of State of the State of Maine may be made by mail and, if such method of filing is used, shall be considered to be completed on the date on which the document is properly mailed to the Secretary of State of the State of Maine."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1725 -->
Except as provided in section 1727(e) and section 1724(d)(4) of this title , all Indians, Indian nations, or tribes or bands of Indians in the State of Maine, other than the Passamaquoddy Tribe, the Penobscot Nation, and their members, and any lands or natural resources owned by any such Indian, Indian nation, tribe or band of Indians and any lands or natural resources held in trust by the United States, or by any other person or entity, for any such Indian, Indian nation, tribe, or band of Indians shall be subject to the civil and criminal jurisdiction of the State, the laws of the State, and the civil and criminal jurisdiction of the courts of the State, to the same extent as any other person or land therein.
(1) The Passamaquoddy Tribe, the Penobscot Nation, and their members, and the land and natural resources owned by, or held in trust for the benefit of the tribe, nation, or their members, shall be subject to the jurisdiction of the State of Maine to the extent and in the manner provided in the Maine Implementing Act and that Act is hereby approved, ratified, and confirmed.
(2) Funds appropriated for the benefit of Indian people or for the administration of Indian affairs may be utilized, consistent with the purposes for which they are appropriated, by the Passamaquoddy Tribe and the Penobscot Nation to provide part or all of the local share as provided by the Maine Implementing Act.
(3) Nothing in this section shall be construed to supersede any Federal laws or regulations governing the provision or funding of services or benefits to any person or entity in the State of Maine unless expressly provided by this subchapter.
(4) Not later than October 30, 1982, the Secretary is directed to submit to the appropriate committees of the House of Representatives and the Senate having jurisdiction over Indian affairs a report on the Federal and State funding provided the Passamaquoddy Tribe and Penobscot Nation compared with the respective Federal and State funding in other States.
The United States shall not have any criminal jurisdiction in the State of Maine under the provisions of sections 1152, 1153, 1154, 1155, 1156, 1160, 1161, and 1165 of title 18 . This provision shall not be effective until sixty days after the publication of notice in the Federal Register as required by section 1723(d) of this title .
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians, and all members thereof, and all other Indians, Indian nations, or tribes or bands of Indians in the State of Maine may sue and be sued in the courts of the State of Maine and the United States to the same extent as any other entity or person residing in the State of Maine may sue and be sued in those courts; and section 1362 of title 28 shall be applicable to civil actions brought by the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians: Provided, however, That the Passamaquoddy Tribe, the Penobscot Nation, and their officers and employees shall be immune from suit to the extent provided in the Maine Implementing Act.
(2) Notwithstanding the provisions of section 3727 of title 31 , the Secretary shall honor valid final orders of a Federal, State, or territorial court which enters money judgments for causes of action which arise after October 10, 1980, against either the Passamaquoddy Tribe or the Penobscot Nation by making an assignment to the judgment creditor of the right to receive income out of the next quarterly payment from the settlement fund established pursuant to section 1724(a) of this title and out of such future quarterly payments as may be necessary until the judgment is satisfied.
(1) The consent of the United States is hereby given to the State of Maine to amend the Maine Implementing Act with respect to either the Passamaquoddy Tribe or the Penobscot Nation: Provided, That such amendment is made with the agreement of the affected tribe or nation, and that such amendment relates to (A) the enforcement or application of civil, criminal, or regulatory laws of the Passamaquoddy Tribe, the Penobscot Nation, and the State within their respective jurisdictions; (B) the allocation or determination of governmental responsibility of the State and the tribe or nation over specified subject matters or specified geographical areas, or both, including provision for concurrent jurisdiction between the State and the tribe or nation; or (C) the allocation of jurisdiction between tribal courts and State courts.
(2) Notwithstanding the provisions of subsection (a) of this section, the State of Maine and the Houlton Band of Maliseet Indians are authorized to execute agreements regarding the jurisdiction of the State of Maine over lands owned by or held in trust for the benefit of the band or its members.
The Passamaquoddy Tribe and the Penobscot Nation are hereby authorized to exercise jurisdiction, separate and distinct from the civil and criminal jurisdiction of the State of Maine, to the extent authorized by the Maine Implementing Act, and any subsequent amendments thereto.
The Passamaquoddy Tribe, the Penobscot Nation, and the State of Maine shall give full faith and credit to the judicial proceedings of each other.
Except as other wise 1 provided in this subchapter, the laws and regulations of the United States which are generally applicable to Indians, Indian nations, or tribes or bands of Indians or to lands owned by or held in trust for Indians, Indian nations, or tribes or bands of Indians shall be applicable in the State of Maine, except that no law or regulation of the United States (1) which accords or relates to a special status or right of or to any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian reservations, Indian country, Indian territory or land held in trust for Indians, and also (2) which affects or preempts the civil, criminal, or regulatory jurisdiction of the State of Maine, including, without limitation, laws of the State relating to land use or environmental matters, shall apply within the State.
As federally recognized Indian tribes, the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians shall be eligible to receive all of the financial benefits which the United States provides to Indians, Indian nations, or tribes or bands of Indians to the same extent and subject to the same eligibility criteria generally applicable to other Indians, Indian nations or tribes or bands of Indians. The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians shall be treated in the same manner as other federally recognized tribes for the purposes of Federal taxation and any lands which are held by the respective tribe, nation, or band subject to a restriction against alienation or which are held in trust for the benefit of the respective tribe, nation, or band shall be considered Federal Indian reservations for purposes of Federal taxation. Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, any member of the Houlton Band of Maliseet Indians in or near the town of Houlton, Maine, shall be eligible for such programs and services without regard to the existence of a reservation or of the residence of such member on or near a reservation.
In subsec. (d)(2), " section 3727 of title 31 " substituted for "section 3477 of the Revised Statutes, as amended" on authority of
§4(b), Sept. 13, 1982, 96 Stat. 1067 , the first section of which enacted Title 31, Money and Finance.
1983—Subsec. (i).
inserted provision that notwithstanding any other provision of law authorizing provision of special programs and services by United States to Indians because of their status as Indians, any member of Houlton Band of Maliseet Indians in or near town of Houlton, Maine, be eligible for such programs and services without regard to existence of a reservation or of residence of such member on or near a reservation.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1726 -->
The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians may each organize for its common welfare and adopt an appropriate instrument in writing to govern the affairs of the tribe, nation, or band when each is acting in its governmental capacity. Such instrument and any amendments thereto must be consistent with the terms of this subchapter and the Maine Implementing Act. The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians shall each file with the Secretary a copy of its organic governing document and any amendments thereto.
For purposes of benefits under this subchapter and the recognition extended the Houlton Band of Maliseet Indians, no person who is not a citizen of the United States may be considered a member of the Houlton Band of Maliseets, except persons who, as of October 10, 1980, are enrolled members on the band's existing membership roll, and direct lineal descendants of such members. Membership in the band shall be subject to such further qualifications as may be provided by the band in its organic governing document or amendments thereto subject to the approval of the Secretary.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1727 -->
The Passamaquoddy Tribe or the Penobscot Nation may assume exclusive jurisdiction over Indian child custody proceedings pursuant to the Indian Child Welfare Act of 1978 ( 92 Stat. 3069 ) [ 25 U.S.C. 1901 et seq. ]. Before the respective tribe or nation may assume such jurisdiction over Indian child custody proceedings, the respective tribe or nation shall present to the Secretary for approval a petition to assume such jurisdiction and the Secretary shall approve that petition in the manner prescribed by sections 108(a)–(c) of said Act [ 25 U.S.C. 1918(a) –(c)].
Any petition to assume jurisdiction over Indian child custody proceedings by the Passamaquoddy Tribe or the Penobscot Nation shall be considered and determined by the Secretary in accordance with sections 108(b) and (c) of the Act [ 25 U.S.C. 1918(b) and (c)].
Assumption or jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction.
For the purposes of this section, the Passamaquoddy Indian Reservation and the Penobscot Indian Reservation are "reservations" within section 4(10) of the Act [ 25 U.S.C. 1903(10) ].
For the purposes of this section, the Houlton Band of Maliseet Indians is an "Indian tribe" within section 4(8) of the Act [ 25 U.S.C. 1903(8) ], provided, that nothing in this subsection shall alter or effect the jurisdiction of the State of Maine over child welfare matters as provided in section 1725(e)(2) of this title .
Until the Passamaquoddy Tribe or the Penobscot Nation has assumed exclusive jurisdiction over the Indian child custody proceedings pursuant to this section, the State of Maine shall have exclusive jurisdiction over Indian child custody proceedings of that tribe or nation.
The Indian Child Welfare Act of 1978 ( 92 Stat. 3069 ), referred to in subsec. (a), is
Nov. 8, 1978, 92 Stat. 3069 , as amended, which is classified principally to chapter 21 (§1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1728 -->
No payments to be made for the benefit of the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians pursuant to the terms of this subchapter shall be considered by any agency or department of the United States in determining or computing the eligibility of the State of Maine for participation in any financial aid program of the United States.
The eligibility for or receipt of payments from the State of Maine by the Passamaquoddy Tribe and the Penobscot Nation or any of their members pursuant to the Maine Implementing Act shall not be considered by any department or agency of the United States in determining the eligibility of or computing payments to the Passamaquoddy Tribe or the Penobscot Nation or any of their members under any financial aid program of the United States: Provided, That to the extent that eligibility for the benefits of such a financial aid program is dependent upon a showing of need by the applicant, the administering agency shall not be barred by this subsection from considering the actual financial situation of the applicant.
The availability of funds or distribution of funds pursuant to section 1724 of this title may not be considered as income or resources or otherwise utilized as the basis (1) for denying any Indian household or member thereof participation in any federally assisted housing program, (2) for denying or reducing the Federal financial assistance or other Federal benefits to which such household or member would otherwise be entitled, or (3) for denying or reducing the Federal financial assistance or other Federal benefits to which the Passamaquoddy Tribe or Penobscot Nation would otherwise be eligible or entitled.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1729 -->
For the purpose of subtitle A of title 26, any transfer by private owners of land purchased or otherwise acquired by the Secretary with moneys from the land acquisition fund whether in the name of the United States or of the respective tribe, nation or band shall be deemed to be an involuntary conversion within the meaning of section 1033 of title 26 .
substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever appearing, which for purposes of codification was translated as "title 26" thus requiring no change in text.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1730 -->
All funds of either the Passamaquoddy Tribe or the Penobscot Nation held in trust by the State of Maine as of October 10, 1980, shall be transferred to the Secretary to be held in trust for the respective tribe or nation and shall be added to the principal of the settlement fund allocated to that tribe or nation. The receipt of said State funds by the Secretary shall constitute a full discharge of any claim of the respective tribe or nation, its predecessors and successors in interest, and its members, may have against the State of Maine, its officers, employees, agents, and representatives, arising from the administration or management of said State funds. Upon receipt of said State funds, the Secretary, on behalf of the respective tribe and nation, shall execute general releases of all claims against the State of Maine, its officers, employees, agents, and representatives, arising from the administration or management of said State funds.
"October 10, 1980," substituted in text for "the effective date of this Act".
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1731 -->
Except as expressly provided herein, this subchapter shall constitute a general discharge and release of all obligations of the State of Maine and all of its political subdivisions, agencies, departments, and all of the officers or employees thereof arising from any treaty or agreement with, or on behalf of any Indian nation, or tribe or band of Indians or the United States as trustee therefor, including those actions now pending in the United States District Court for the District of Maine captioned United States of America against State of Maine (Civil Action Nos. 1966–ND and 1969–ND).
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1732 -->
Except as provided in this subchapter, no provision of this subchapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by the operation of this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1733 -->
There is hereby authorized to be appropriated $81,500,000 for the fiscal year beginning October 1, 1980, for transfer to the funds established by section 1724 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1734 -->
In the event that any provision of section 1723 of this title is held invalid, it is the intent of Congress that the entire subchapter be invalidated. In the event that any other section or provision of this subchapter is held invalid, it is the intent of Congress that the remaining sections of this subchapter shall continue in full force and effect.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT!@!Sec. 1735 -->
In the event a conflict of interpretation between the provisions of the Maine Implementing Act and this subchapter should emerge, the provisions of this subchapter shall govern.
The provisions of any Federal law enacted after October 10, 1980, for the benefit of Indians, Indian nations, or tribes or bands of Indians, which would affect or preempt the application of the laws of the State of Maine, including application of the laws of the State to lands owned by or held in trust for Indians, or Indian nations, tribes, or bands of Indians, as provided in this subchapter and the Maine Implementing Act, shall not apply within the State of Maine, unless such provision of such subsequently enacted Federal law is specifically made applicable within the State of Maine.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982 -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1741 -->
Congress finds and declares that—
(1) there is pending before the United States District Court for the Southern District of Florida a lawsuit by the Miccosukee Indian Tribe which involves certain lands within the State of Florida;
(2) the pendency of such lawsuit may result in economic hardships for residents of the State of Florida by clouding the titles to lands in the State, including lands not now involved in the lawsuits;
(3) the pendency of such lawsuit also has clouded the easement rights of the South Florida Water Management District in lands necessary for use as a water flowage and storage area, which is part of a federally authorized project for flood control and water management in central and southern Florida, and which is being used to provide and regulate a water supply for the residents of South Florida;
(4) the State of Florida and the Miccosukee Indian Tribe have executed agreements for the purposes of resolving tribal land claims and settling such lawsuit, which agreements require implementing legislation by the Congress of the United States and the Legislature of the State of Florida; and
(5) Congress shares with the parties to such agreements a desire to settle such Indian claims in the State of Florida without additional cost to the United States.
provided: "That this Act [enacting this part] may be cited as the 'Florida Indian Land Claims Settlement Act of 1982'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1742 -->
For purposes of this part—
(1) The term "Miccosukee Tribe" means the Miccosukee Tribe of Indians of Florida, a tribe of American Indians recognized by the United States and organized under section 476 of this title and recognized by the State of Florida pursuant to chapter 285 , Florida Statutes.
(2) The term "State of Florida" means the State of Florida, its agencies, political subdivisions, constitutional officers, officials of its agencies and subdivisions, and the South Florida Water Management District.
(3) The term "Secretary" means the Secretary of the Interior.
(4) The term "lands or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resources including but not limited to minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish.
(5) The term "lawsuit" means the action in the United States District Court for the Southern District of Florida, entitled Miccosukee Tribe of Indians of Florida against State of Florida, et al., Case No. 79–253–CIV–JWK.
(6) The term "Lease Agreement" means that perpetual lease granted by the State of Florida to the Miccosukee Tribe, involving a specifically described area in South Florida, title to which is held by the State of Florida and in which the Miccosukee Tribe is granted certain express rights and interests.
(7) The term "settlement funds" means those amounts of money which the State of Florida has agreed to pay to the Miccosukee Tribe under the Settlement Agreement in partial consideration for the settlement of the lawsuit and the extinguishment of rights to all potential or unsettled claims which the Miccosukee Tribe may have to lands or natural resources in the State of Florida.
(8) The term "Settlement Agreement" means those documents entitled "Settlement Agreement between the Miccosukee Tribe and the State of Florida" executed on April 16, 1982, by representatives of the State of Florida and representatives of the Miccosukee Tribe and filed with the secretary of state of the State of Florida which incorporate the Lease Agreement described in paragraph (6) of this section.
(9) The term "transfer" includes but is not limited to any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance, or any event or events that resulted in a change of possession or control of lands or natural resources.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1743 -->
Section 1744 of this title shall not take effect until the Secretary finds that the following events have occurred:
(1) the State of Florida has enacted legislation appropriating sufficient money to pay, and in fact has paid, the settlement funds to the Miccosukee Tribe;
(2) the State of Florida and the Miccosukee Tribe have executed the Lease Agreement; and
(3) the State of Florida has enacted appropriate legislation to carry out its commitments under paragraph 1b of the Settlement Agreement between the State of Florida and the Miccosukee Tribe and has given the waiver specified in paragraph 4d of such Agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1744 -->
If the Secretary finds that the State of Florida has satisfied the conditions set forth in section 1743 of this title , he shall publish such findings and the Settlement Agreement in the Federal Register, and upon such publication—
(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Miccosukee Tribe in paragraph 3 of the Settlement Agreement between the State of Florida and the Miccosukee Tribe shall be of full force and effect on the terms and conditions therein stated; and
(2) the transfers, waivers, releases, relinquishments, and other commitments validated by paragraph (1) of this subsection and the transfers and extinguishments approved and validated by paragraphs (1) and (2) of subsection (b) of this section shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of lands or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Act of July 22, 1790 ( 1 Stat. 137 ) and any amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfers effective as of the date of such transfers.
(1) All claims to lands within the State of Florida based upon aboriginal title by the Miccosukee Tribe, or any predecessor or successor in interest, are hereby extinguished, and any transfer of lands or natural resources located anywhere within the State of Florida, including but not limited to transfers pursuant to the statute or treaty of or with any State or the United States, by, from, or on behalf of the Miccosukee Tribe, or any predecessor or successor in interest, shall be deemed to be in full force and effect: Provided, however, That nothing herein shall be construed as extinguishing any aboriginal right, title, interest, or claim to lands or natural resources solely to the extent of the rights or interests defined as "excepted interests" in paragraph 3c of the Settlement Agreement between the State of Florida and the Miccosukee Tribe.
(2) By virtue of the approval of a transfer of lands or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Miccosukee Tribe, arising subsequent to the transfer and based upon any interest in or right involving such lands or natural resources, including but not limited to claims for trespass damages or claims for use and occupancy, shall be regarded as extinguished as of the date of the transfer.
(3) Notwithstanding any other provision of this subsection, nothing in this subchapter shall be construed as extinguishing any right, title, interest, or claim to lands or natural resources in the State of Florida by any individual Indian—
(A) which is based on use and occupancy, or
(B) which was acquired under Federal or State law,
and which is not derived from or through the Miccosukee Tribe, or its predecessor or predecessors in interest.
Act of July 22, 1790, referred to in subsec. (a)(2), is act July 22, 1790, ch. 33, 1 Stat. 137 , which was not classified to the Code.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1745 -->
The leasehold interest granted the Miccosukee Tribe under the Lease Agreement shall be exempt from all State and local taxes.
The lands leased to the Miccosukee Tribe pursuant to the Lease Agreement shall be treated as if such lands constituted a federally recognized Indian reservation solely for purposes of determining the eligibility of the Miccosukee Tribe and its members for any Federal health, education, employment, economic assistance, revenue sharing, law enforcement over Indians, or social welfare programs, or any other similar Federal program for which Indians are eligible because of their status as Indians and of their residence on an Indian reservation.
The State of Florida, through exercise of the power of eminent domain, may take or diminish any interest granted to the Miccosukee Tribe under the Lease Agreement only for a public purpose and upon payment of just compensation, but such taking or diminution shall not require the approval of Congress or any executive officer of the United States.
Nothing in this part or in any grant of leasehold rights by the State of Florida under the Lease Agreement shall affect or otherwise impair in any adverse manner any benefits received by the State of Florida under the Act of September 2, 1937 ( 16 U.S.C. 669 et seq. ), or the Act of August 9, 1950 ( 16 U.S.C. 777 et seq. ).
Act of September 2, 1937, referred to in subsec. (d), is act Sept. 2, 1937, ch. 899, 50 Stat. 917 , as amended, known as the Pittman-Robertson Wildlife Restoration Act, and also as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§669 et seq.) of Title 16 , Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 669 of Title 16 and Tables.
Act of August 9, 1950, referred to in subsec. (d), is act Aug. 9, 1950, ch. 658, 64 Stat. 430 , as amended, known as the Dingell-Johnson Sport Fish Restoration Act, and also as the Federal Aid in Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§777 et seq.) of Title 16 , Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 777 of Title 16 and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1746 -->
Nothing in this part shall grant to the Miccosukee Tribe any greater rights or interests in the leased area other than those expressly set forth in the Lease Agreement, and, notwithstanding any other provision of this part, nothing in this part shall diminish, modify, or otherwise affect the extent of the civil and criminal jurisdiction of the State of Florida in the leased area.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1747 -->
The Secretary is authorized and directed to accept the transfer to the United States, to be held in trust for the use and benefit of the Miccosukee Tribe of Indians of Florida, of the lands authorized to be conveyed to the Miccosukee Tribe by section 285.061, Florida Statutes, and the lands described in Dedication Deed No. 23228 from the Trustees of the Internal Improvement Trust Fund subject to the provisions of section 285.061, Florida Statutes, and of this section.
(1) Notwithstanding the conveyance of any lands by the State of Florida to the United States in trust for the Miccosukee Tribe of Indians of Florida, the assumption of jurisdiction in favor of the State of Florida contained in section 285.16, Florida Statutes, pursuant to section 7 of the Act of August 15, 1953 ( 67 Stat. 588 ), as in effect prior to its repeal, shall continue in full force and effect on such lands unless the State shall retrocede such civil or criminal jurisdiction in whole or in part.
(2)(A) The laws of Florida relating to alcoholic beverages (chapters 561, 562, 563, 564, and 565, Florida Statutes), gambling ( chapter 849 , Florida Statutes), sale of cigarettes ( chapter 210 , Florida Statutes), and their successor laws, shall have the same force and effect within said transferred lands as they have elsewhere within the State and the State shall have jurisdiction over offenses committed by or against Indians under said laws to the same extent the State has jurisdiction over said offenses committed elsewhere within the State.
(B) Nothing in subparagraph (A) shall permit the exercise of jurisdiction by the State of Florida as to any matter to which section 1162(b) of title 18 or section 1360(b) of title 28 applies.
(1) Any transfer of lands under this section shall be subject to all existing leases, easements, and rights-of-way, and all the rights, easements, and reservations in favor of the Central and Southern Florida Flood Control District (now the South Florida Water Management District) and shall not increase, diminish, modify, or otherwise affect the extent to which chapter 373 , Florida Statutes, and its successor laws, have force and effect within such lands.
(2) Any transfer of lands under this section shall not confer upon the Miccosukee Tribe, or upon the lands within the reservation, any additional water rights.
Section 7 of Act August 15, 1953 ( 67 Stat. 588 ), as in effect prior to its repeal, referred to in subsec. (b)(1), is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 590 , which was set out as a note under section 1360 of Title 28 , Judiciary and Judicial Procedure, and was repealed by
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1748 -->
Notwithstanding any other provision of law, any action to contest the constitutionality of this part shall be barred unless the complaint is filed within one hundred and eighty days after December 31, 1982. An action to contest the constitutionality of this part may only be brought in the United States District Court for the Southern District of Florida.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part A-Florida Indian Land Claims Settlement Act of 1982!@!Sec. 1749 -->
In the event the Settlement Agreement between the Miccosukee Tribe and the State of Florida is ever invalidated—
(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Miccosukee Tribe in paragraph 3 of the Settlement Agreement shall no longer be of any force or effect,
(2) section 1744 of this title shall be inapplicable to the lands, interests in lands, or natural resources of the Miccosukee Tribe and its members as if never enacted, and
(3) the approvals of prior transfers and the extinguishment of claims and aboriginal title of the Miccosukee Tribe otherwise effected by section 1744 of this title shall be void ab initio.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement!@!Sec. 1750 -->
Congress finds that:
(1) There is pending before the United States District Court for the Southern District of Florida a lawsuit by the Miccosukee Tribe that involves the taking of certain tribal lands in connection with the construction of highway Interstate 75 by the Florida Department of Transportation.
(2) The pendency of the lawsuit referred to in paragraph (1) clouds title of certain lands used in the maintenance and operation of the highway and hinders proper planning for future maintenance and operations.
(3) The Florida Department of Transportation, with the concurrence of the Board of Trustees of the Internal Improvements Trust Fund of the State of Florida, and the Miccosukee Tribe have executed an agreement for the purpose of resolving the dispute and settling the lawsuit.
(4) The agreement referred to in paragraph (3) requires the consent of Congress in connection with contemplated land transfers.
(5) The Settlement Agreement is in the interest of the Miccosukee Tribe, as the Tribe will receive certain monetary payments, new reservation lands to be held in trust by the United States, and other benefits.
(6) Land received by the United States pursuant to the Settlement Agreement is in consideration of Miccosukee Indian Reservation lands lost by the Miccosukee Tribe by virtue of transfer to the Florida Department of Transportation under the Settlement Agreement.
(7) The lands referred to in paragraph (6) as received by the United States will be held in trust by the United States for the use and benefit of the Miccosukee Tribe as Miccosukee Indian Reservation lands in compensation for the consideration given by the Tribe in the Settlement Agreement.
(8) Congress shares with the parties to the Settlement Agreement a desire to resolve the dispute and settle the lawsuit.
Section 701 of title VII of
provided that: "This title [enacting this part] may be cited as the 'Miccosukee Settlement Act of 1997'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement!@!Sec. 1750a -->
The term "Board of Trustees of the Internal Improvements Trust Fund" means the agency of the State of Florida holding legal title to and responsible for trust administration of certain lands of the State of Florida, consisting of the Governor, Attorney General, Commissioner of Agriculture, Commissioner of Education, Controller, Secretary of State, and Treasurer of the State of Florida, who are Trustees of the Board.
The term "Florida Department of Transportation" means the executive branch department and agency of the State of Florida that—
(A) is responsible for the construction and maintenance of surface vehicle roads, existing pursuant to section 20.23, Florida Statutes; and
(B) has the authority to execute the Settlement Agreement pursuant to section 334.044, Florida Statutes.
The term "lawsuit" means the action in the United States District Court for the Southern District of Florida, entitled Miccosukee Tribe of Indians of Florida v. State of Florida and Florida Department of Transportation, et al., docket No. 6285–Civ–Paine.
The term "Miccosukee lands" means lands that are—
(A) held in trust by the United States for the use and benefit of the Miccosukee Tribe as Miccosukee Indian Reservation lands; and
(B) identified pursuant to the Settlement Agreement for transfer to the Florida Department of Transportation.
The terms "Miccosukee Tribe" and "Tribe" mean the Miccosukee Tribe of Indians of Florida, a tribe of American Indians recognized by the United States and organized under section 476 of this title and recognized by the State of Florida pursuant to chapter 285 , Florida Statutes.
The term "Secretary" means the Secretary of the Interior.
The terms "Settlement Agreement" and "Agreement" mean the assemblage of documents entitled "Settlement Agreement" (with incorporated exhibits) that—
(A) addresses the lawsuit; and
(B)(i) was signed on August 28, 1996, by Ben G. Watts (Secretary of the Florida Department of Transportation) and Billy Cypress (Chairman of the Miccosukee Tribe); and
(ii) after being signed, as described in clause (i), was concurred in by the Board of Trustees of the Internal Improvements Trust Fund of the State of Florida.
The term "State of Florida" means—
(A) all agencies or departments of the State of Florida, including the Florida Department of Transportation and the Board of Trustees of the Internal Improvements Trust Fund; and
(B) the State of Florida as a governmental entity.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement!@!Sec. 1750b -->
The United States approves, ratifies, and confirms the Settlement Agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement!@!Sec. 1750c -->
As Trustee for the Miccosukee Tribe, the Secretary shall—
(1)(A) aid and assist in the fulfillment of the Settlement Agreement at all times and in a reasonable manner; and
(B) to accomplish the fulfillment of the Settlement Agreement in accordance with subparagraph (A), cooperate with and assist the Miccosukee Tribe;
(2) upon finding that the Settlement Agreement is legally sufficient and that the State of Florida has the necessary authority to fulfill the Agreement—
(A) sign the Settlement Agreement on behalf of the United States; and
(B) ensure that an individual other than the Secretary who is a representative of the Bureau of Indian Affairs also signs the Settlement Agreement;
(3) upon finding that all necessary conditions precedent to the transfer of Miccosukee land to the Florida Department of Transportation as provided in the Settlement Agreement have been or will be met so that the Agreement has been or will be fulfilled, but for the execution of that land transfer and related land transfers—
(A) transfer ownership of the Miccosukee land to the Florida Department of Transportation in accordance with the Settlement Agreement, including in the transfer solely and exclusively that Miccosukee land identified in the Settlement Agreement for transfer to the Florida Department of Transportation; and
(B) in conjunction with the land transfer referred to in subparagraph (A), transfer no land other than the land referred to in that subparagraph to the Florida Department of Transportation; and
(4) upon finding that all necessary conditions precedent to the transfer of Florida lands from the State of Florida to the United States have been or will be met so that the Agreement has been or will be fulfilled but for the execution of that land transfer and related land transfers, receive and accept in trust for the use and benefit of the Miccosukee Tribe ownership of all land identified in the Settlement Agreement for transfer to the United States.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement!@!Sec. 1750d -->
The lands transferred and held in trust for the Miccosukee Tribe under section 1750c(4) of this title shall be Miccosukee Indian Reservation lands.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT!@!Part B-Miccosukee Settlement!@!Sec. 1750e -->
Nothing in this part or the Settlement Agreement shall—
(1) affect the eligibility of the Miccosukee Tribe or its members to receive any services or benefits under any program of the Federal Government; or
(2) diminish the trust responsibility of the United States to the Miccosukee Tribe and its members.
No payment made pursuant to this part or the Settlement Agreement shall result in any reduction or denial of any benefits or services under any program of the Federal Government to the Miccosukee Tribe or its members, with respect to which the Tribe or the members of the Tribe are entitled or eligible because of the status of—
(1) the Miccosukee Tribe as a federally recognized Indian tribe; or
(2) any member of the Miccosukee Tribe as a member of the Tribe.
None of the moneys paid to the Miccosukee Tribe under this part or the Settlement Agreement shall be taxable under Federal or State law.
None of the lands conveyed to the Miccosukee Tribe under this part or the Settlement Agreement shall be taxable under Federal or State law.
No payment or conveyance referred to in paragraph (1) shall be considered to be a taxable event.
This part, referred to in text, was in the original "this Act" and was translated as reading "this title", meaning title VII of
to reflect the probable intent of Congress.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1751 -->
The Congress finds that—
(a) there is pending before the United States District Court for the District of Connecticut a civil action entitled "Western Pequot Tribe of Indians against Holdridge Enterprises Incorporated, et al., Civil Action Numbered H76–193 (D. Conn.)," which involves Indian claims to certain public and private lands within the town of Ledyard, Connecticut;
(b) the pendency of this lawsuit has placed a cloud on the titles to much of the land in the town of Ledyard, including lands not involved in the lawsuit, which has resulted in severe economic hardships for the residents of the town;
(c) the Congress shares with the State of Connecticut and the parties to the lawsuit a desire to remove all clouds on titles resulting from such Indian land claims;
(d) the parties to the lawsuit and others interested in the settlement of Indian land claims within the State of Connecticut have reached an agreement which requires implementing legislation by the Congress of the United States and the Legislature of the State of Connecticut;
(e) the Western Pequot Tribe, as represented as of October 18, 1983, by the Mashantucket Pequot Tribal Council, is the sole successor in interest to the aboriginal entity generally known as the Western Pequot Tribe which years ago claimed aboriginal title to certain lands in the State of Connecticut; and
(f) the State of Connecticut is contributing twenty acres of land owned by the State of Connecticut to fulfill this subchapter. The State of Connecticut will construct and repair three sections of paved or gravel roadways within the reservation of the Tribe. The State of Connecticut has provided special services to the members of the Western Pequot Tribe residing within its borders. The United States has provided few, if any, special services to the Western Pequot Tribe and has denied that it had jurisdiction over or responsibility for said Tribe. In view of the provision of land by the State of Connecticut, the provision of paved roadways by the State of Connecticut, and the provision of special services by the State of Connecticut without being required to do so by Federal law, it is the intent of Congress that the State of Connecticut not be required to otherwise contribute directly to this claims settlement.
In subsec. (e), "October 18, 1983" substituted for "the time of the passage of this Act", meaning the date of approval of
provided: "That this Act [enacting this subchapter] may be cited as the 'Mashantucket Pequot Indian Claims Settlement Act'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1752 -->
For the purposes of this subchapter—
(1) The term "Tribe" means the Mashantucket Pequot Tribe (also known as the Western Pequot Tribe) as identified by chapter 832 of the Connecticut General Statutes and all its predecessors and successors in interest. The Mashantucket Pequot Tribe is represented, as of October 18, 1983, by the Mashantucket Pequot Tribal Council.
(2) The term "land or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resources, including without limitation minerals and mineral rights, timber and timber rights, water and water rights, and hunting and fishing rights.
(3) The term "private settlement lands" means—
(A) the eight hundred acres, more or less, of privately held land which are identified by a red outline on a map filed with the secretary of the State of Connecticut in accordance with the agreement referred to in section 1751(d) of this title , and
(B) the lands known as the Cedar Swamp which are adjacent to the Mashantucket Pequot Reservation as it exists on October 18, 1983. Within thirty days of October 18, 1983, the secretary of the State of Connecticut shall transmit to the Secretary a certified copy of said map.
(4) The term "settlement lands" means—
(A) the lands described in sections 2(a) and 3 of the Act To Implement the Settlement of the Mashantucket Pequot Indian Land Claims as enacted by the State of Connecticut and approved on June 9, 1982, and
(B) the private settlement lands.
(5) The term "Secretary" means the Secretary of the Interior.
(6) The term "transfer" means any transaction involving, or any transaction the purpose of which was to effect, a change in title to or control of any land or natural resources, and any act, event, or circumstance that resulted in a change in title to, possession of, dominion over, or control of land or natural resources, including any sale, grant, lease, allotment, partition, or conveyance, whether pursuant to a treaty, compact, or statute of a State or otherwise.
(7) The term "reservation" means the existing reservation of the Tribe as defined by chapter 824 of the Connecticut General Statutes and any settlement lands taken in trust by the United States for the Tribe.
In pars. (1) and (3)(B), "October 18, 1983" substituted for "the date of the enactment of this Act" and "the enactment of this Act", meaning the date of approval of
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1753 -->
Any transfer before October 18, 1983, from, by, or on behalf of the Tribe or any of its members of land or natural resources located anywhere within the United States, and any transfer before October 18, 1983, from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians of land or natural resources located anywhere within the town of Ledyard, Connecticut, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including without limitation the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137 , 138 ), and all amendments thereto and all subsequent reenactments and versions thereof, and Congress hereby does approve and ratify any such transfer effective as of the date of said transfer.
By virtue of the approval and ratification of a transfer of land or natural resources effected by subsection (a) of this section, any aboriginal title held by the Tribe or any member of the Tribe, or any other Indian, Indian nation, or tribe or band of Indians, to any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section shall be regarded as extinguished as of the date of such transfer.
By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected thereby, any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Tribe or any member of the Tribe or by any other Indian, Indian nation, or tribe or band of Indians, against the United States, any State or subdivision thereof or any other person which is based on—
(1) any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section, or
(2) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b) of this section,
shall be regarded as extinguished as of the date of any such transfer.
Nothing in this section shall be construed to affect or eliminate the personal claim of any individual Indian (except for Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians.
(1) This section shall take effect upon the appropriation of $900,000 as authorized under section 1754(e) of this title .
(2) The Secretary shall publish notice of such appropriation in the Federal Register when the funds are deposited in the fund established under section 1754(a) of this title .
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137 , 138 ), referred to in subsec. (a), is not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
In subsec. (a), "October 18, 1983" substituted for "the date of enactment of this Act", meaning the date of approval of
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1754 -->
There is hereby established in the United States Treasury an account to be known as the Mashantucket Pequot Settlement Fund (hereinafter referred to in this section as the "Fund"). The Fund shall be held in trust by the Secretary for the benefit of the Tribe and administered in accordance with this subchapter.
(1) The Secretary is authorized and directed to expend, at the request of the Tribe, the Fund together with any and all income accruing to such Fund in accordance with this subsection.
(2) Not less than $600,000 of the Fund shall be available until January 1, 1985, for the acquisition by the Secretary of private settlement lands. Subsequent to January 1, 1985, the Secretary shall determine whether and to what extent an amount less than $600,000 has been expended to acquire private settlement lands and shall make that amount available to the Tribe to be used in accordance with the economic development plan approved pursuant to paragraph (3).
(3)(A) The Secretary shall disburse all or part of the Fund together with any and all income accruing to such Fund (excepting the amount reserved in paragraph (2)) according to a plan to promote the economic development of the Tribe.
(B) The Tribe shall submit an economic development plan to the Secretary and the Secretary shall approve such plan within sixty days of its submission if he finds that it is reasonably related to the economic development of the Tribe. If the Secretary does not approve such plan, he shall, at the time of his decision, set forth in writing and with particularity, the reasons for his disapproval.
(C) The Secretary may not agree to terms which provide for the investment of the Fund in a manner inconsistent with section 162a of this title , unless the Tribe first submits a specific waiver of liability on the part of the United States for any loss which may result from such an investment.
(D) The Tribe may, with the approval of the Secretary, alter the economic development plan subject to the conditions set forth in subparagraph (B).
(4) Under no circumstances shall any part of the Fund be distributed to any member of the Tribe unless pursuant to the economic development plan approved by the Secretary under paragraph (3).
(5) As the Fund or any portion thereof is disbursed by the Secretary in accordance with this section, the United States shall have no further trust responsibility to the Tribe or its members with respect to the sums paid, any subsequent expenditures of these sums, or any property other than private settlement lands or services purchased with these sums.
(6) Until the Tribe has submitted and the Secretary has approved the terms of the use of the Fund, the Secretary shall fix the terms for the administration of the portion of the Fund as to which there is no agreement.
(7) Lands or natural resources acquired under this subsection which are located within the settlement lands shall be held in trust by the United States for the benefit of the Tribe.
(8) Land or natural resources acquired under this subsection which are located outside of the settlement lands shall be held in fee by the Mashantucket Pequot Tribe, and the United States shall have no further trust responsibility with respect to such land and natural resources. Such land and natural resources shall not be subject to any restriction against alienation under the laws of the United States.
(9) Notwithstanding the provisions of sections 3113 and 3114(a) to (d) of title 40, the Secretary may acquire land or natural resources under this section from the ostensible owner of the land or natural resources only if the Secretary and the ostensible owner of the land or natural resources have agreed upon the identity of the land or natural resources to be sold and upon the purchase price and other terms of sale. Subject to the agreement required by the preceding sentence, the Secretary may institute condemnation proceedings in order to perfect title, satisfactory to the Attorney General, in the United States and condemn interests adverse to the ostensible owner.
For the purpose of subtitle A of title 26, any transfer of private settlement lands to which subsection (b) of this section applies shall be deemed to be an involuntary conversion within the meaning of section 1033 of title 26 .
The Secretary may not expend on behalf of the Tribe any sums deposited in the Fund established pursuant to subsection (a) of this section unless and until he finds that authorized officials of the Tribe have executed appropriate documents relinquishing all claims to the extent provided by sections 1753 and 1759 of this title , including stipulations to the final judicial dismissal with prejudice of its claims.
There is authorized to be appropriated $900,000 to be deposited in the Fund.
"Sections 3113 and 3114(a) to (d) of title 40" substituted in subsec. (b)(9) for "the first section of the Act of August 1, 1888 ( 25 Stat. 357 , chapter 728 ), as amended, and the first section of the Act of February 26, 1931 ( 46 Stat. 1421 , chapter 307 )" on authority of
§5(c), Aug. 21, 2002, 116 Stat. 1303 , the first section of which enacted Title 40, Public Buildings, Property, and Works.
1986—Subsec. (c).
substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever appearing, which for purposes of codification was translated as "title 26" thus requiring no change in text.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1755 -->
Notwithstanding the provision relating to a special election in section 406 of the Act of April 11, 1968 ( 82 Stat. 80 ; 25 U.S.C. 1326 ), the reservation of the Tribe is declared to be Indian country subject to State jurisdiction to the maximum extent provided in title IV of such Act [ 25 U.S.C. 1321 et seq. ].
Act of April 11, 1968, referred to in text, is
Apr. 11, 1968, 82 Stat. 73 , as amended, known as the Civil Rights Act of 1968. Title IV of
is classified generally to subchapter III (§1321 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 , The Public Health and Welfare, and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1756 -->
Notwithstanding any other provision of law, the constitutionality of this subchapter may not be drawn into question in any action unless such question has been raised in—
(1) a pleading contained in a complaint filed before the end of the one-hundred-and-eighty-day period beginning on October 18, 1983, or
(2) an answer contained in a reply to a complaint before the end of such period.
Notwithstanding any other provision of law, exclusive jurisdiction of any action in which the constitutionality of this subchapter is drawn into question is vested in the United States District Court for the District of Connecticut.
Any action to which subsection (a) of this section applies and which is brought in the court of any State may be removed by the defendant to the United States District Court for the District of Connecticut.
Except as provided in this subchapter, no provision of this subchapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by the operation of this subchapter.
In subsec. (a)(1), "October 18, 1983" substituted for "the date of the enactment of this Act", meaning the date of approval of
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1757 -->
(a) Subject to subsection (b) of this section, lands within the reservation which are held in trust by the Secretary for the benefit of the Tribe or which are subject to a Federal restraint against alienation at any time after October 18, 1983, shall be subject to the laws of the United States relating to Indian lands, including section 177 of this title .
(b) Notwithstanding subsection (a) of this section, the Tribe may lease lands for any term of years to the Mashantucket Pequot Housing Authority, or any successor in interest to such Authority.
In subsec. (a), "October 18, 1983" substituted for "the date of the enactment of this Act", meaning the date of approval of
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1757a -->
Any lease of restricted land of the Mashantucket Pequot (Western) Tribe (referred to in this section as the "Tribe") entered into on behalf of the Tribe by the tribal corporation of the Tribe chartered pursuant to section 477 of this title may include an option to renew the lease for not more than 2 additional terms, each of which shall not exceed 25 years, subject only to the approval of the tribal council of the Tribe.
The United States shall not be liable to any party for any loss resulting from a renewal of a lease entered into pursuant to subsection (a).
No entity may conduct any gaming activity (within the meaning of section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )) pursuant to a claim of inherent authority or any Federal law (including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and any regulations promulgated by the Secretary of the Interior or the National Indian Gaming Commission pursuant to that Act) on any land that is leased with an option to renew the lease in accordance with this section.
The Indian Gaming Regulatory Act, referred to in subsec. (c), is
Oct. 17, 1988, 102 Stat. 2467 , which is classified principally to chapter 29 (§2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
Section was not enacted as part of the Mashantucket Pequot Indian Claims Settlement Act which comprises this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1758 -->
Notwithstanding any other provision of law, Federal recognition is extended to the Tribe. Except as otherwise provided in this subchapter, all laws and regulations of the United States of general application to Indians or Indian nations, tribes or bands of Indians which are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe.
The Tribe shall file with the Secretary a copy of its organic governing document and any amendments thereto. Such instrument must be consistent with the terms of this subchapter and the Act to Implement the Settlement of the Mashantucket Pequot Indian Land Claim as enacted by the State of Connecticut and approved June 9, 1982.
Notwithstanding any other provision of law, the Tribe and members of the Tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes as of October 18, 1983.
In subsec. (c), "October 18, 1983" substituted for "the date of enactment of this Act", meaning the date of approval of
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1759 -->
Except as expressly provided herein, this subchapter shall constitute a general discharge and release of all obligations of the State of Connecticut and all of its political subdivisions, agencies, departments, and all of the officers or employees thereof arising from any treaty or agreement with, or on behalf of the Tribe or the United States as trustee therefor.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1760 -->
In the event that any provision of section 1753 of this title is held invalid, it is the intent of Congress that the entire subchapter be invalidated. In the event that any other section or provision of this subchapter is held invalid, it is the intent of Congress that the remaining sections of this subchapter shall continue in full force and effect.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771 -->
The Congress hereby finds and declares that—
(1) there is pending before the United States District Court for the District of Massachusetts a lawsuit that involves Indian claims to certain public lands within the town of Gay Head, Massachusetts;
(2) the pendency of this lawsuit has resulted in severe economic hardships for the residents of the town of Gay Head by clouding the titles to much of the land in the town, including land not involved in the lawsuit;
(3) the Congress shares with the Commonwealth of Massachusetts and the parties to the lawsuit a desire to remove all clouds on titles resulting from such Indian land claim; 1
(4) the parties to the lawsuit and others interested in settlement of Indian land claims within the Commonwealth of Massachusetts executed a Settlement Agreement which, to become effective, requires implementing legislation by the Congress of the United States and the General Court of the Commonwealth of Massachusetts;
(5) the town of Gay Head has agreed to contribute approximately 50 percent of the land involved in this settlement;
(6) the State of Massachusetts has agreed to provide up to $2,250,000 to be used for the purchase of land to be held in trust by the Secretary for the use and benefit of the Wampanoag Tribal Council of Gay Head, Inc.; and
(7) the Secretary has acknowledged the existence of the Wampanoag Tribal Council of Gay Head, Inc. as an Indian tribe and Congress hereby ratifies and confirms that existence as an Indian tribe with a government to government relationship with the United States.
"(a) In General .—Except as provided in subsection (b), this Act [enacting this subchapter] shall take effect upon the date of enactment [Aug. 18, 1987].
"(b) Exception .—Section 4 [ 25 U.S.C. 1771b ] shall take effect upon the date on which the title of all of the private settlement lands provided for in this Act to the Wampanoag Tribal Council of Gay Head, Inc. is transferred. The fact of such transfer, and the date thereof, shall be certified and recorded by the Secretary of the Commonwealth of Massachusetts."
provided that: "This Act [enacting this subchapter] may be cited as the 'Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771a -->
There is hereby established within the Treasury of the United States a fund to be known as the "Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund". Amounts in the fund shall be available to the Secretary to carry out the purposes of this subchapter.
There is hereby authorized to be appropriated $2,250,000 for such fund to remain available until expended.
Amounts may be expended from the fund only upon deposit by the State of Massachusetts into the fund of an amount equal to that amount to be expended by the United States so that both the United States and the State of Massachusetts bear one-half of the cost of the acquisition of lands under section 1771d of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771b -->
(1) Any transfer before August 18, 1987, of land or natural resources now located anywhere within the United States from, by, or on behalf of the Wampanoag Tribal Council of Gay Head, Inc., or (2) any transfer before August 18, 1987, by, from, or on behalf of any Indian, Indian nation, or tribe or band of Indians, of any land or natural resources located anywhere within the town of Gay Head, Massachusetts, including any transfer pursuant to any statute of the State, and the incorporation of the town of Gay Head, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians (including the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137 ), and all amendments thereto and all subsequent versions thereof). Any such transfer and any transfer in implementation of this subchapter, shall be deemed to have been made with the consent and approval of Congress as of the date of such transfer.
Any aboriginal title held by the Wampanoag Tribal Council of Gay Head, Inc. or any other entity presently or at any time in the past known as the Gay Head Indians, to any land or natural resources the transfer of which is consented to and approved in subsection (a) of this section is considered extinguished as of the date of such transfer.
Any claim (including any claim for damages for use and occupancy) by the Wampanoag Tribal Council of Gay Head, Inc., the Gay Head Indians, or any other Indian, Indian nation, or tribe or band of Indians against the United States, any State or political subdivision of a State, or any other person which is based on—
(1) any transfer of land or natural resources which is consented to and approved in subsection (a) of this section, or
(2) any aboriginal title to land or natural resources the transfer of which is consented to and approved in subsection (b) of this section,
is extinguished as of the date of any such transfer.
No provision of this section shall be construed to offset or eliminate the personal claim of any individual Indian which is pursued under any law of general applicability that protects non-Indians as well as Indians.
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137 ), referred to in subsec. (a), is not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
Section effective upon the date on which title of all of private settlement lands provided for in this subchapter to the Wampanoag Tribal Council of Gay Head, Inc. is transferred, with fact of such transfer, and date thereof, to be certified and recorded by Secretary of the Commonwealth of Massachusetts, see section 11(b) of
set out as a note under section 1771 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771c -->
No action shall be taken by the Secretary under section 1771d of this title before the Secretary publishes notice in the Federal Register of the determination by the Secretary that—
(1) the Commonwealth of Massachusetts has enacted legislation which provides that—
(A) the town of Gay Head, Massachusetts, is authorized to convey to the Secretary to be held in trust for the Wampanoag Tribal Council of Gay Head, Inc. the public settlement lands and the Cook lands subject to the conditions and limitations set forth in the Settlement Agreement; and
(B) the Wampanoag Tribal Council of Gay Head, Inc. shall have the authority, after consultation with appropriate State and local officials, to regulate any hunting by Indians on the settlement lands that is conducted by means other than firearms or crossbow to the extent provided in, and subject to the conditions and limitations set forth in, the Settlement Agreement;
(2) the Wampanoag Tribal Council of Gay Head, Inc., has submitted to the Secretary an executed waiver or waivers of the claims covered by the Settlement Agreement all claims extinguished by this subchapter, and all claims arising because of the approval of transfers and extinguishment of titles and claims under this subchapter; and
(3) the town of Gay Head, Massachusetts, has authorized the conveyance of the public settlement lands and the Cook Lands 1 to the Secretary in trust for the Wampanoag Tribal Council of Gay Head, Inc.
In making the findings required in subsection (a) of this section, the Secretary may rely upon the opinion of the Attorney General of the Commonwealth of Massachusetts.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771d -->
The Secretary is authorized and directed to expend, at the request of the Wampanoag Tribal Council of Gay Head, Inc., $2,125,000 to acquire the private settlement lands. At the request of the Wampanoag Tribal Council of Gay Head, Inc., the Secretary shall not purchase lots 705, 222, and 528 of the private settlement lands, but, at the request of the Wampanoag Tribal Council of Gay Head, Inc., the Secretary shall acquire in lieu thereof such other lands that are contiguous to the remaining private settlement lands. Upon the purchase of such contiguous lands, those lands shall be subject to the same restrictions and benefits as the private settlement lands.
The Secretary is authorized and directed to cause a survey of the public settlement lands to be made within 60 days of acquiring title to the public settlement lands. The Secretary shall reimburse the Native American Rights Fund and the Gay Head Taxpayers Association for an appraisal of the private settlement lands done by Paul O'Leary dated May 1, 1987. Such funds as may be necessary may be withdrawn from the Fund 1 established in section 1771a(a) of this title and may be used for the purpose of conducting the survey and providing reimbursement for the appraisal.
The Secretary shall expend, at the request of the Wampanoag Tribal Council of Gay Head, Inc., any remaining funds not required by subsection (a) or (b) of this section to acquire any additional lands that are contiguous to the private settlement lands. Any lands acquired pursuant to this section, and any other lands which are on and after August 12, 1987, held in trust for the Wampanoag Tribal Council of Gay Head, Inc., any successor, or individual member, shall be subject to this subchapter, the Settlement Agreement and other applicable laws. Any after acquired land held in trust for the Wampanoag Tribal Council of Gay Head, Inc., any successor, or individual member, shall be subject to the same benefits and restrictions as apply to the most analogous land use described in the Settlement Agreement.
Any right, title, or interest to lands acquired by the Secretary under this section, and the title to public settlement lands conveyed by the town of Gay Head, shall be held in trust for the Wampanoag Tribal Council of Gay Head, Inc. and shall be subject to this subchapter, the Settlement Agreement, and other applicable laws.
The Secretary is authorized to commence such condemnation proceedings as the Secretary may determine to be necessary—
(1) to acquire or perfect any right, title, or interest in any private settlement land, and
(2) to condemn any interest adverse to any ostensible owner of such land.
The Secretary is authorized to accept and hold in trust for the benefit of the Wampanoag Tribal Council of Gay Head, Inc. the public settlement lands as described in section 1771f(7) of this title immediately upon the effective date of this Act.
The terms of this section shall apply to land in the town of Gay Head. Any land acquired by the Wampanoag Tribal Council of Gay Head, Inc., that is located outside the town of Gay Head shall be subject to all the civil and criminal laws, ordinances, and jurisdiction of the Commonwealth of Massachusetts.
Any spending authority (as defined in section 651(c)(2) 2 of title 2) provided in this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
For the effective date of this Act, referred to in subsec. (f), see section 11 of
set out as a note under section 1771 of this title .
Section 651 of title 2 , referred to in subsec. (h), was amended by
title X, §10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691 , by striking out subsec. (c) and redesignating former subsec. (d) as (c).
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771e -->
The Wampanoag Tribal Council of Gay Head, Inc., shall not have any jurisdiction over nontribal members and shall not exercise any jurisdiction over any part of the settlement lands in contravention of this subchapter, the civil regulatory and criminal laws of the Commonwealth of Massachusetts, the town of Gay Head, Massachusetts, and applicable Federal laws.
Any tribe or tribal organization which acquires any settlement land or any other land that may now or in the future be owned by or held in trust for any Indian entity in the town of Gay Head, Massachusetts, from the Wampanoag Tribal Council of Gay Head, Inc. shall hold such beneficial interest to such land subject to the same terms and conditions as are applicable to such lands when held by such council.
No provision of this subchapter shall affect or otherwise impair—
(1) any authority to impose a lien or temporary seizure on the settlement lands as provided in the State Implementing Act;
(2) the authority of the Secretary to approve leases in accordance with sections 415 to 415d of this title ; or
(3) the legal capacity of the Wampanoag Tribal Council of Gay Head, Inc. to transfer the settlement lands to any tribal entity which may be organized as a successor in interest to Wampanoag Tribal Council of Gay Head, Inc. or to transfer—
(A) the right to use the settlement lands to its members,
(B) any easement for public or private purposes in accordance with the laws of the Commonwealth of Massachusetts or the ordinances of the town of Gay Head, Massachusetts, or
(C) title to the West Basin Strip to the town of Gay Head, Massachusetts, pursuant to the terms of the Settlement Agreement.
Any land held in trust by the Secretary for the benefit of the Wampanoag Tribal Council of Gay Head, Inc. shall be exempt from taxation or lien or "in lieu of payment" or other assessment by the State or any political subdivision of the State to the extent provided by the Settlement Agreement: Provided, however, That such taxation or lien or "in lieu of payment" or other assessment will only apply to lands which are zoned and utilized as commercial: Provided further, That this section shall not be interpreted as restricting the Tribe from entering into an agreement with the town of Gay Head to reimburse such town for the delivery of specific public services on the tribal lands.
Sections 415 to 415d of this title , referred to in subsec. (c)(2), was in the original "the Act entitled 'An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases', approved August 9, 1955 ( 25 U.S.C. 415 et seq. )", which enacted sections 415 to 415d of this title and amended section 396 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771f -->
For the purposes of this subchapter:
The term "Cook lands" means the lands described in paragraph (5) of the Settlement Agreement.
The term "Wampanoag Tribal Council of Gay Head, Inc." means the tribal entity recognized by the Secretary of the Interior as having a government to government relationship with the United States. The Wampanoag Tribal Council of Gay Head, Inc. is the sole and legitimate tribal entity which has a claim under the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137 ), to land within the town of Gay Head. The membership of the Wampanoag Tribal Council of Gay Head, Inc., includes those 521 individuals who have been recognized by the Secretary of the Interior as being members of the Wampanoag Tribal Council of Gay Head, Inc., and such Indians of Gay Head ancestry as may be added from time to time by the governing body of the Wampanoag Tribal Council of Gay Head, Inc.: Provided, That nothing in this section shall prevent the voluntary withdrawal from membership in the Wampanoag Tribal Council of Gay Head, Inc., pursuant to procedures established by the Tribe. The governing body of the Wampanoag Tribal Council of Gay Head, Inc. is hereby authorized to act on behalf of and bind the Wampanoag Tribal Council of Gay Head, Inc., in all matters related to carrying out this subchapter.
The term "fund" means the Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund established under section 1771a of this title .
The term "land or natural resources" means any real property or natural resources or any interest in or right involving any real property or natural resource, including but not limited to, minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish.
The term "lawsuit" means the action entitled Wampanoag Tribal Council of Gay Head, and others versus Town of Gay Head, and others (C.A. No. 74–5826–McN (D. Mass.)).
The term "private settlement lands" means approximately 177 acres of privately held land described in paragraph 6 of the Settlement Agreement.
The term "public settlement lands" means the lands described in paragraph (4) of the Settlement Agreement.
The term "settlement lands" means the private settlement lands and the public settlement lands.
The term "Secretary" means the Secretary of the Interior.
The term "Settlement Agreement" means the document entitled "Joint Memorandum of Understanding Concerning Settlement of the Gay Head, Massachusetts, Indian Land Claims," executed as of November 22, 1983, and renewed thereafter by representatives of the parties to the lawsuit, and as filed with the Secretary of the Commonwealth of Massachusetts.
The term "State implementing act" means legislation enacted by the Commonwealth of Massachusetts conforming to the requirements of this subchapter and the requirements of the Massachusetts Constitution.
The term "transfer" includes—
(A) any sale, grant, lease, allotment, partition, or conveyance,
(B) any transaction the purpose of which is to effect a sale, grant, lease, allotment, partition, or conveyance, or
(C) any event or events that resulted in a change of possession or control of land or natural resources.
The term "West Basin Strip" means a strip of land along the West Basin which the Wampanoag Tribal Council is authorized to convey, under paragraph (11) of the Settlement Agreement, to the town of Gay Head.
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137 ), referred to in par. (2), is not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771g -->
Except as otherwise expressly provided in this subchapter or in the State Implementing Act, the settlement lands and any other land that may now or hereafter be owned by or held in trust for any Indian tribe or entity in the town of Gay Head, Massachusetts, shall be subject to the civil and criminal laws, ordinances, and jurisdiction of the Commonwealth of Massachusetts and the town of Gay Head, Massachusetts (including those laws and regulations which prohibit or regulate the conduct of bingo or any other game of chance).
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771h -->
Notwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this subchapter shall be barred unless the complaint is filed within thirty days after August 18, 1987. Exclusive original jurisdiction over any such action and any proceedings under section 1771d(e) of this title is hereby vested in the United States District Court of 1 the District of Massachusetts.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT!@!Sec. 1771i -->
For the purpose of eligibility for Federal services made available to members of federally recognized Indian tribes, because of their status as Indians, members of this tribe residing on Martha's Vineyard, Massachusetts, shall be deemed to be living on or near an Indian reservation.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772 -->
Congress finds and declares that—
(1) there is pending before the United States District Court for the southern district of Florida a lawsuit by the Seminole Tribe which involves certain lands within the State and there are also claims by the tribe to other areas of Florida by virtue of an 1839 Executive order of the President and by right of non-extinguishment of aboriginal possession which has been asserted but not filed in court;
(2) the pendency of this lawsuit and these claims may result in economic hardships for residents of the State by clouding the titles to lands in the State, including lands not now involved in the lawsuit;
(3) the pendency of this lawsuit and these claims also have clouded the easement rights of the South Florida Water Management District in lands necessary for use as a water flowage and storage area, which is part of a federally authorized project for flood control and water management in central and southern Florida, and which is being used to provide and regulate a water supply for the residents of south Florida;
(4) the State, the district, and the tribe have executed agreements for the purposes of resolving tribal land claims and settling the lawsuit—
(A) which include conveyance of land and payment of consideration to the tribe; and
(B) which require implementing legislation by the Congress of the United States and the Legislature of the State of Florida;
(5) Congress shares with the parties to such agreements a desire to settle these Indian claims in the State of Florida without additional cost to the United States;
(6) there is considerable uncertainty as to the nature and extent of the water rights of the tribe, and that continued controversy over this should be settled by agreement; and
(7) the State, the district, and the tribe have entered into a compact which, if approved by Congress and the Florida Legislature, creates specifically defined water rights in lieu of the undefined water rights claimed by the tribe.
provided that: "This Act [enacting this subchapter] shall take effect upon the date of its enactment [Dec. 31, 1987]."
provided that: "This Act [enacting this subchapter] may be cited as the 'Seminole Indian Land Claims Settlement Act of 1987'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772a -->
For purposes of this subchapter—
(1) The term "tribe" means the Seminole Tribe of Indians of Florida or Seminole Tribe of Florida, a tribe of American Indians recognized by the United States and organized under section 476 of this title and recognized by the State of Florida pursuant to chapter 285 , Florida Statutes, and its successors.
(2) The term "State" means the State of Florida and its agencies, political subdivisions, constitutional officers, officials of its agencies and subdivisions and their successors.
(3) The term "district" means the South Florida Water Management District, the agency of the State of Florida created by chapter 25270 , laws of Florida (1949) to operate pursuant to chapter 373 Florida Statutes, and its successors.
(4) The term "Secretary" means the Secretary of the Interior.
(5) The term "lands or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resources, including minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish.
(6) The term "Settlement Agreement" means the instrument—
(A) executed by the Seminole Tribe, the State of Florida, and the South Florida Water Management District; and
(B) which will be presented for approval by all three parties to the United States District Court for the southern district of Florida for the purpose of terminating the lawsuit entitled Seminole Tribe of Indians of Florida, 1 v. State of Florida, et al., (Docket No. 78–6116–CIV), and for the extinguishment of rights to all potential or unsettled claims which the tribe may have to lands or natural resources in the State and the purchase of certain tribal interests in real property.
(7) The term "settlement funds" means those funds which the State of Florida and the South Florida Water Management District have agreed to pay to the tribe under the Settlement Agreement.
(8) The term "compact" means the Compact incorporated in the Settlement Agreement between the tribe, the State, and the district, which specifically defines the nature and extent of Seminole water rights and the manner of their use within the confines of the area of the district.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772b -->
(a) Section 1772c of this title shall not take effect until 180 days after December 31, 1987, or the date the last of the events described in subsection (b) of this section have occurred and the Secretary so finds, whichever date occurs later.
(b) The events referred to in subsection (a) of this section are—
(1) the State and district pay settlement funds pursuant to the terms of the Settlement Agreement for the case captioned Seminole Tribe of Indians of Florida v. State of Florida et al., or equivalent consideration by land exchange to the tribe; and
(2) the State enacts appropriate legislation to carry out the commitments under the Settlement Agreement including the compact between the State, the district and the tribe, and the State and the district have given the waiver specified in paragraph 5c of such agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772c -->
(1) Effective on December 31, 1987, the Congress does hereby approve the Settlement Agreement, including the compact, and any exhibits attached thereto.
(2) Subject to the provisions of section 1772b of this title , the Secretary shall publish findings required by section 1772b of this title and the Settlement Agreement in the Federal Register, and upon such publication—
(A) the transfers, waivers, releases, relinquishments and other commitments made by the tribe in the Settlement Agreement with the State and the district, including the compact provided for in the Settlement Agreement, shall be in full force and effect on the terms and conditions stated in such settlement, and
(B) the transfers, waivers, releases, relinquishments and other commitments validated by subparagraph (A) and the transfers and extinguishments approved and validated by paragraphs (1) and (2) of subsection (b) of this section shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of lands or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790 ( 25 U.S.C. 177, ch. 33, sec. 4, 1 Stat. 137 ).
(1)(A) Subject to subparagraph (B), all claims to lands within the State based upon aboriginal title by the tribe or any predecessor or successor in interest, are hereby extinguished. Any transfer of lands or natural resources located anywhere within the State, including transfers pursuant to a statute or treaty with any State or the United States, by, from, or on behalf of the tribe or any predecessor or successor in interest, shall be deemed to be in full force and effect, as provided in subsection (a)(2) of this section.
(B) Nothing in this paragraph shall be construed as extinguishing any aboriginal right, title, interest, or claim to lands or natural resources solely to the extent of the rights or interests defined as "excepted interests" in paragraph 4a of the Settlement Agreement between the tribe, State and the district.
(2)(A) By virtue of the approval of a transfer of lands or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United States, the State or subdivision thereof, or any other person or entity, by the tribe or any predecessor or successor in interest, arising subsequent to the transfer and based upon any interest in or right involving such lands or natural resources, including claims for trespass damages or claims for use and occupancy, shall be extinguished as of the date of the transfer.
(B) The United States shall not be liable directly or indirectly for any claim or cause of action arising from the approval of the Settlement Agreement and compact or exhibits attached thereto.
(3) Nothing in this subchapter shall be construed as extinguishing any right, title, interest, or claim to lands or natural resources in the State based on use and occupancy or acquired under Federal or State law by any individual Indian which is not derived from or through the tribe, its predecessor or predecessors in interest, or some other American Indian tribe.
(4) Any Indian, Indian nation, or tribe of Indians, other than the Seminole Tribe as defined in section 1772a(1) of this title , or any predecessor or successor in interest, or any member thereof, whose transfer of lands or natural resources is approved or whose aboriginal title or claims is extinguished by paragraph (1) or (2) of this subsection may, within a period of one year after publication of the Secretary's finding pursuant to subsection (a) of this section, bring an action against the State and the United States in the United States District Court for the southern district of Florida. Such action shall be in lieu of a suit against any other person, agency, or political subdivision on a cause of action which may have existed in the absence of this subsection.
Neither subsection (a) of this section nor section 1772e of this title —
(1) enacts present or future laws of the State as Federal law,
(2) grants consent to any future changes in the Settlement Agreement or compact that could impose any obligation or liability on the United States, or
(3) commits the United States to finance any project or activity not otherwise authorized by Federal law.
The Trade and Intercourse Act of 1790, Act of July 22, 1790 ( 25 U.S.C. 177, ch. 33, sec. 4, 1 Stat. 137 ), referred to in subsec. (a)(2)(B), is not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772d -->
Notwithstanding any clouds on title, the Secretary is authorized and directed, as soon as practicable after December 31, 1987, to accept the transfer to the United States, to be held in trust and as a reservation for the use and benefit of the Seminole Tribe of Florida, the approximate 15 sections of land being described as follows:
Beginning at the southwest corner of section 31, township 48 south, Range 35 east; thence easterly along the south border of sections 31, 32 and 33, township 48 south, Range 35 east, to the westernmost boundary of the levee 28 works in section 33, township 48 south, Range 35 east; thence continuing north along the westernmost boundary of the levee 28 works to the point at which the westernmost boundary of the levee 28 works intersects the southernmost boundary of the levee 4 works in section 9, township 48 south, Range 35 east; thence continuing westerly along the southernmost boundary of the levee 4 works to the point at which the southernmost boundary of the levee 4 works intersects the dividing line between township 48 south, Range 35 east and township 48 south, Range 34 east at the Broward County and Hendry County line; and thence continuing south along said line to the point of beginning; said lands situate, lying and being in Broward County, Florida.
Before the expiration of the 3-year period beginning on December 31, 1987, the Secretary shall—
(1) conduct a cadastral survey of those portions of the Seminole Federal Reservations in Florida not previously surveyed by the Department of the Interior, including all lands taken into trust as reservations under the authority of this subchapter;
(2) publish the correct legal descriptions of the Seminole Reservations in the Federal Register within 180 days after the survey is completed.
If, pursuant to paragraph 6 of the Settlement Agreement, there is a subsequent agreement between the tribe, the State, and the district providing that lands exchanged with the tribe or acquired by the tribe may be taken into Federal trust as a reservation for the tribe, the Secretary shall accept the transfer of such lands to the United States, to be held in trust for the use and benefit of the tribe pursuant to the terms and conditions of the subsequent agreement unless—
(1) the total amount of land previously taken in trust under this subsection exceeds the amount of land transferred to the State and Water District by the tribe under the Settlement Agreement;
(2) the Secretary determines in writing that either the size, location, or condition of the land, or the terms and conditions under which it is transferred would place an unreasonable burden on the United States as trustee;
(3) the land is not in Florida; or
(4) the land is not agricultural in nature.
(1) Notwithstanding the acquisition of any land under subsection (a) or (c) of this section by the United States in trust for the tribe, the assumption of jurisdiction in favor of the State contained in section 285.16, Florida Statutes, pursuant to section 7 of the Act of August 15, 1953, 1 ( 67 Stat. 588 ; Public Law 280), shall continue in full force and effect on such lands unless the United States accepts a retrocession by the State of such civil or criminal jurisdiction in whole or in part under section 1323 of this title . The laws of Florida relating to alcoholic beverages, gambling, sale of cigarettes, and their successor laws, shall have the same force and effect within said transferred lands as they have elsewhere within the State. The State, with respect to the transferred lands, shall also have jurisdiction over offenses committed by or against Indians under said laws to the same extent the State has jurisdiction over said offenses committed elsewhere within the State.
(2) Nothing in this subsection shall be construed as permitting the exercise of the above jurisdiction by the State regarding matters to which section 1162(b) of title 18 and section 1360(b) of title 28 apply.
(3) The scope of tribal sovereignty over transferred lands, with the specific exceptions of law relating to cigarettes, gambling and alcohol described in this subsection, shall be as required by applicable law with regard to existing tribal lands held in reservation or Federal trust status. Such transfer shall not confer upon the tribe, or upon the lands within the reservation, any additional water rights. Tribal water rights shall be deemed to be defined in the compact.
Section 7 of the Act of August 15, 1953, referred to in subsec. (d)(1), is section 7 of act Aug. 15, 1953, ch. 505, 67 Stat. 590 , which was set out as a note under section 1360 of Title 28 , Judiciary and Judicial Procedure, and was repealed by
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772e -->
The compact defining the scope of Seminole water rights and their utilization by the tribe shall have the force and effect of Federal law for the purposes of enforcement of the rights and obligations of the tribe.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772f -->
(a) Notwithstanding any other provision of law, any action to contest the constitutionality of this subchapter shall be barred unless the complaint is filed within 180 days after December 31, 1987. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the southern district of Florida.
(b) Notwithstanding any present immunity from suit enjoyed by any of the parties, jurisdiction regarding any controversy arising under the Settlement Agreement or compact or private agreement between the tribe and any third party entered into under authority of the compact is hereby vested in the United States District Court for the southern district of Florida. Such jurisdiction shall be exclusive except that the court shall not have jurisdiction to award money damages against the State, the district or the tribe. Proceedings in the district court under this section shall be expedited consistent with sound judicial discretion.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT!@!Sec. 1772g -->
In the event the Settlement Agreement or any part thereof is ever invalidated—
(1) the transfers, waivers, releases, relinquishments and any other commitments made by the State, the tribe, or the district in the Settlement Agreement shall no longer be of any force or effect;
(2) section 1772c of this title shall be inapplicable as if such section was never enacted with respect to the lands, interests in lands, or natural resources of the tribe and its members; and
(3) the approvals of prior transfers and the extinguishment of claims and aboriginal title of the tribe otherwise effected by section 1772c of this title shall be void ab initio.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773 -->
The Congress finds and declares that:
(1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims through settlements mutually agreed to by Indian and non-Indian parties.
(2) Disputes over certain land claims of the Puyallup Tribe and other matters, including—
(A) ownership of the Commencement Bay tidelands and areas of former Puyallup Riverbed, lands within the Puyallup Tribe's Treaty Reservation, or intended reservation boundaries,
(B) railroad and other rights-of-way,
(C) control of fisheries resource and habitat,
(D) jurisdiction over law enforcement, environment, navigation, and authority and control in the areas of land use,
(E) business regulation and zoning,
have resulted in difficult community relations and negative economic impacts affecting both the Tribe and non-Indian parties.
(3) Some of the significant historical events that led to the present circumstances include—
(A) the negotiation of the Treaty of Medicine Creek in December 1854, by the Puyallup Indians and others, by which the tribes ceded most of their territories but reserved certain lands and rights, including fishing rights;
(B) the Executive Order of 1857 creating the Puyallup Indian Reservation;
(C) the Executive Order of 1873, clarifying and extending the Puyallup Reservation in the Washington Territory;
(D) the March 11, 1891, Report of the Puyallup Indian Commission on allotments and the 1896 report by a second Puyallup Indian Commission describing the problems with sales of allotted lands; and
(E) the 1909 District Court for Tacoma decision of the United States of America against J.M. Ashton and the 1910 Supreme Court decision of United States of America against J.M. Ashton.
(4) It is recognized that both Indian and non-Indian parties enter into this settlement to resolve certain problems and claims and to derive certain benefits.
(5) There is a recognition that any final resolution of pending disputes through a process of litigation would take many years and entail great expense to all parties; continue economically and socially damaging controversies; prolong uncertainty as to the access, ownership, and jurisdictional status of issues in question; and seriously impair long-term economic planning and development for all parties.
(6) To advance the goals of Federal policy of Indian self-determination and to carry out the trust responsibility of the United States, and to advance the Federal policy of international trade and economic development, and in recognition of the Federal policy of settling these conflicts through comprehensive settlement agreements, it is appropriate that the United States participate in the funding and implementation of the Settlement Agreement.
Therefore, it is the purpose of this subchapter—
(1) to approve, ratify, and confirm the agreement entered into by the non-Indian settlement parties and the Puyallup Tribe of Indians,
(2) to authorize and direct the Secretary to implement the terms of such agreement, and
(3) to authorize the actions and appropriations necessary to implement the provisions of the Settlement Agreement and this subchapter.
provided that: "This Act [enacting this subchapter] may be cited as the 'Puyallup Tribe of Indians Settlement Act of 1989'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773a -->
In accordance with the Settlement Agreement and in return for the land and other benefits derived from the Settlement Agreement and this subchapter, the Tribe, and the United States as trustee for the Tribe and its members, relinquish all claims to tidelands, submerged lands, and any other lands, and including any mineral claims and nonfisheries water rights connected with such relinquished land, known or unknown, within the State of Washington, subject to the exceptions referred to in subsection (b) of this section.
Subsection (a) of this section shall not apply to the following:
(1) 12.5 acres of former riverbed land confirmed to the Tribe in Puyallup Tribe of Indians against Port of Tacoma (717 F. 2d 1251 (1983)), which land shall be subject to the terms and conditions described in the Settlement Agreement and document 6 of the Technical Documents.
(2) All land to which record title in the Tribe or the United States in trust for the Tribe or its members derives from a patent issued by the United States or from a conveyance of tideland by the State of Washington. For the purposes of this paragraph, the term "record title" means title documented by identifiable conveyances reflected in those records imparting constructive notice of conveyances according to the laws of the State (RCW chapters 65.04 and 65.08) and the final judgments of State or Federal courts.
(3) Certain land recognized to be owned on August 27, 1988, by the Tribe or the United States in trust for the Tribe within the Indian Addition to the city of Tacoma, Washington, as recorded in book 7 of plats at pages 30 and 31, records of Pierce County, Washington, as follows:
(A) Land owned on August 27, 1988:
(i) Portions of tracts 2, 5, 6, 10, and 11.
(ii) Tract 7 (school site).
(iii) Tract 8 (church site).
(iv) Tract 9 (cemetery site).
(v) Approximately 38 lots in blocks 8150, 8249, 8350, and 8442, inclusive.
(B) Land, wherever located, added to the above list of parcels on or before December 1, 1988, in accordance with paragraph A.3. of section IX of the Settlement Agreement.
(4) The lands transferred to the Tribe pursuant to the Settlement Agreement.
(5) The rights to underlying lands or the reversionary interest of the Tribe, if any, in the Union Pacific or Burlington Northern rights-of-way across the 1873 Survey Area, where the property over which they were granted belonged, at the time of the grant, to the United States in trust for the Tribe or to the Tribe.
(6) The submerged lands as of August 27, 1988, in the Puyallup River within the 1873 Survey Area below the mean high water line.
Nothing in this section or in the Settlement Agreement shall be construed to impair, eliminate, or in any way affect the title of any individual Indian to land held by such individual in fee or in trust, nor shall it affect the personal claim of any individual Indian as to claims regarding past sales of allotted lands or any claim which is pursued under any law of general applicability that protects non-Indians as well as Indians.
provided that: "Sections 3 and 9 [this section and section 1773g of this title ] shall take effect on the effective date of the Settlement Agreement and when all terms are met as stated under section X of the Settlement Agreement."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773b -->
The Secretary shall accept the conveyance of the lands described in subsection (c) of this section, and the Outer Hylebos tidelands property referred to in section VIII, A,1,c of the Settlement Agreement, subject to the terms and conditions of the Settlement Agreement and shall hold such lands in trust for the benefit of the Tribe.
(1) Contamination audits and cleanup of settlement lands shall be carried out in accordance with the Settlement Agreement and document 1 of the Technical Documents.
(2) The Tribe shall not be liable for the cleanup costs or in any other manner for contamination on properties described in subsection (c) of this section except any contamination caused by the Tribe's activities after conveyance of these properties to the Tribe under the terms of the Settlement Agreement and document 1 of the Technical Documents.
The lands referred to in subsection (a) of this section, and more particularly described in the Settlement Agreement, are as follows:
(1) The Blair Waterway property, comprised of approximately 43.4 acres.
(2) The Blair Backup property, comprised of approximately 85.2 acres.
(3) The Inner Hylebos property, comprised of approximately 72.9 acres.
(4) The Upper Hylebos property, comprised of approximately 5.9 acres.
(5) The Union Pacific property (Fife), comprised of a parcel of approximately 57 acres, and an adjoining 22-acre parcel if the option relating to the Union Pacific property (Fife) (as described in document 1 of the Technical Documents) is exercised.
(6) The Torre property (Fife), comprised of approximately 27.4 acres, unless the Port elects to provide the cash value of such property.
(7) The Taylor Way and East-West Road properties, two properties totaling approximately 7.4 acres.
(8) The submerged lands in the Puyallup River within the 1873 Survey Area below the mean high water line, as provided in section I. B. of the Settlement Agreement. To the extent that the United States has title to any of the lands described in this subpart, 1 then such lands shall be held by the United States in trust for the use and benefit of the Puyallup Tribe.
(9) The approximately 600 acres of open space, forest, and cultural lands to be acquired by the Tribe with cash received pursuant to section I of the Settlement Agreement or other tribal funds.
Nothing in this subchapter is intended to affect the boundaries of the Puyallup Reservation, except that the lands described in subsection (c) of this section above in paragraphs (1) through (8), and the Outer Hylebos tidelands property referred to in section VIII of the Settlement Agreement, shall have on-reservation status.
There is authorized to be appropriated $500,000 for the Federal share for the purchase of the lands referred to in subsection (c)(9) of this section.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773c -->
In accepting lands in trust (other than those described in section 1773b of this title ) for the Puyallup Tribe or its members, the Secretary shall exercise the authority provided him in section 465 of this title , and shall apply the standards set forth in part 151 of title 25, Code of Federal Regulations, as those standards now exist or as they may be amended in the future.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773d -->
(1) To the extent provided in advance in appropriation Acts or to the extent funds are provided by other parties to the Settlement Agreement, the Secretary shall place with a financial institution the amount of $24,000,000 in an annuity fund or other investment program (hereafter in this subsection referred to as the "fund"). The selection of the institution or institutions where the funds will be held and the administration of the funds shall be in accordance with section II of the Settlement Agreement and documents 2 and 3 of the Technical Documents. Amounts earned pursuant to any investment of the fund shall be added to, and become part of, the fund.
(2) Upon attaining the age of 21 years, each enrolled member of the Tribe (determined by the Tribe pursuant to its constitution to have been a member as of the date of ratification of the Settlement Agreement by the Tribe) shall receive a one-time payment from the fund. The amount of such payment shall be determined in accordance with section II of the Settlement Agreement and document 2 of the Technical Documents.
(3) A reasonable and customary fee for the administration of the fund may be paid out of the income earned by the fund to the financial institution with which the fund is established.
(4) Upon payment to all eligible members of the Tribe pursuant to paragraph (2), any amount remaining in the fund shall be utilized in the manner determined by a vote of the members of the Tribe.
(5) There is authorized to be appropriated $22,350,000 for the Federal share of the fund.
(1) In order to provide a permanent resource to enhance the ability of the Tribe to provide services to its members, there is established the Puyallup Tribe of Indians Settlement Trust Fund (hereafter in this subsection referred to as the "trust fund").
(2) Upon appropriation by Congress or to the extent funds are provided by other parties to the Settlement Agreement, the Secretary shall deposit $22,000,000 into the trust fund. The trust fund shall be invested in accordance with section 162a of this title , so as to earn the maximum interest on principal and interest available under that section. No part of the $22,000,000 principal may be expended for any purpose. Income earned on the principal or interest of the trust fund shall be available for expenditure as provided in paragraph (3).
(3)(A) The trust fund shall be administered and the funds shall be expended in accordance with section III of the Settlement Agreement and document 3 of the Technical Documents. Income from the trust fund may be used only for the following purposes unless modified in accordance with subparagraph (B):
(ii) Elderly needs.
(iii) Burial and cemetery maintenance.
(iv) Education and cultural preservation.
(v) Supplemental health care.
(vii) Other social services.
(B) The purposes of the trust fund may be modified only as provided in document 3 of the Technical Documents.
(4) The fund established under this subsection shall be in perpetuity and inviolate.
(5) There is authorized to be appropriated $18,800,000 for the Federal share of the trust fund.
title I, Nov. 13, 1991, 105 Stat. 1005 , provided: "That income earned on funds appropriated by
Public Law 101–121,
October 23, 1989, 103 Stat. 701 , 715 [,] for the purposes of section 6(b) of the Puyallup Tribe of Indians Settlement Act of 1989,
Public Law 101–41,
June 21, 1989, 103 Stat. 83 [ 25 U.S.C. 1773d(b) ], may be utilized by the Permanent Trust Fund Board of Trustees to secure necessary and appropriate financial, auditing, accounting, insurance and other administrative services to fulfill the Board of Trustees' fiduciary and administrative responsibilities: Provided further, That no more than 5 per centum of the income in any year may be utilized for such purposes".
Similar provisions were contained in the following prior appropriation act:
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773e -->
In order to carry out the Federal part of the fisheries aspect of the Settlement Agreement, there is authorized to be appropriated $100,000 for navigation equipment at Commencement Bay to be used in accordance with section A of document 4 of the Technical Documents.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773f -->
To the extent provided in advance in appropriation Acts, the Secretary shall disburse $10,000,000 to the Tribe of which—
(1) $9,500,000 shall be available for the Tribe to carry out economic development consistent with section VI of the Settlement Agreement or to acquire lands; and
(2) $500,000 shall be available only to support and assist the development of business enterprises by members of the Tribe in a manner consistent with the Settlement Agreement.
There is authorized to be appropriated $10,000,000 to carry out this subsection.
The Congress recognizes the right of the Tribe to engage in foreign trade consistent with Federal law and notwithstanding article XII of the treaty with the Nisqually and other bands of Indians entered into on December 26, 1854, and accepted, ratified, and confirmed on March 3, 1855 ( 11 Stat. 1132 ).
There is authorized to be appropriated to the Secretary the amount of $25,500,000 for the Federal share of the costs associated with the Blair project, which shall be carried out in accordance with document 6 of the Technical Documents. For the purpose of this subsection, the Secretary shall transfer such amount to the Department of Transportation of the State of Washington. Such amount may only be used by the Department of Transportation of the State of Washington to carry out the Blair project in accordance with document 6 of the Technical Documents. Operation and maintenance of the Blair Waterway channel shall remain the responsibility of the Secretary of the Army, acting through the Chief of Engineers.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773g -->
The Tribe shall retain and exercise jurisdiction, and the United States and the State and political subdivisions thereof shall retain and exercise jurisdiction, as provided in the Settlement Agreement and Technical Documents and, where not provided therein, as otherwise provided by Federal law.
Section effective on the effective date of the Settlement Agreement and when all terms are met as stated under section X of the Settlement Agreement, see section 13 of
set out as a note under section 1773a of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773h -->
(1) None of the funds, assets, or income from the trust fund established in section 1773d(b) of this title which are received by the Tribe under the Settlement Agreement shall be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, or seizure.
(2) The annuity fund, or other investment program, established in section 1773d(a) of this title shall not be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, or seizure. Payments from the fund shall be in accordance with the Act of August 2, 1983 ( 25 U.S.C. 117a et seq. ; commonly referred to as the "Per Capita Act").
Nothing in this subchapter or the Settlement Agreement shall affect the eligibility of the Tribe or any of its members for any Federal program or the trust responsibility of the United States and its agencies to the Tribe and members of the Tribe.
None of the funds, assets, or income from the trust fund established in section 1773d(b) of this title shall at any time be used as a basis for denying or reducing funds to the Tribe or its members under any Federal, State, or local program.
None of the funds or assets transferred to the Tribe or its members by the Settlement Agreement of 1 this subchapter, and none of the interest earned or income received on amounts in the funds established under section 1773d(a) and (b) of this title, shall be deemed to be taxable, nor shall such transfers be taxable events.
Act of August 2, 1983, referred to in subsec. (a)(2), is
Aug. 2, 1983, 97 Stat. 365 , popularly known as the Per Capita Act, which enacted sections 117a to 117c of this title and repealed section 117 of this title . For complete classification of this Act to the Code, see Short Title note set out under section 117a of this title and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773i -->
The Secretary in administering this subchapter shall be aware of the trust responsibility of the United States to the Tribe and shall take such actions as may be necessary or appropriate to carry out this subchapter and the Settlement Agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT!@!Sec. 1773j -->
For the purposes of this subchapter—
(1) the term "1873 Survey Area" means the area which is within the area demarked by the high water line as meandered and the upland boundaries, as shown on the plat map of the 1873 Survey of the Puyallup Indian Reservation, conducted by the United States General Land Office, and filed in 1874;
(2) the term "Secretary" means the Secretary of the Interior;
(3) the term "Settlement Agreement" means the document entitled "Agreement between the Puyallup Tribe of Indians, Local Governments in Pierce County, the State of Washington, the United States of America, and certain private property owners", dated August 27, 1988;
(4) the term "State" means the State of Washington;
(5) the term "Technical Documents" means the 7 documents which comprise the technical appendix to the Settlement Agreement and are dated August 27, 1988;
(6) the term "Tribe" means the Puyallup Tribe of Indians, a tribe of Indians recognized by the United States;
(7) the term "below the mean high water line" in reference to the submerged lands of the Puyallup Riverbed means "below the ordinary high water mark" in that portion of the river not subject to tidal influence and "below the mean high water line" in that portion of the river which is subject to tidal influence; and
(8) the term "on-reservation status" means a status under which Federal laws and regulations, treaty rights, and rights of sovereignty, which define the rights and responsibilities on trust or restricted lands (including rights-of-way and easements running through such lands within a Federal Indian reservation) apply: Provided, That such application is not inconsistent with any provision of the Settlement Agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774 -->
The Congress finds and declares that:
(1) Disputes concerning leases of tribal lands within the city of Salamanca and the congressional villages, New York, have strained relations between the Indian and non-Indian communities and have resulted in adverse economic impacts affecting both communities.
(2) Some of the significant historical events which have led to the present situation include—
(A) beginning in the mid-nineteenth century, several railroads obtained grants or leases of rights of way through the Allegany Reservation without Federal authorization or approval and on terms which did not adequately protect the interests of the Seneca Nation;
(B) after construction of these railroads, Allegany Reservation lands were leased to railroad employees, persons associated with the railroads, residents of the city and farmers without Federal authorization or approval and on terms which did not adequately protect the interests of the Seneca Nation;
(C) none of these leases had Federal authorization or approval and, after the courts ruled these leases invalid, Congress enacted the Act of February 19, 1875 ( 18 Stat. 330 ), confirming existing leases of Allegany Reservation lands, authorizing further leasing by the Seneca Nation, and making the confirmed leases renewable for a twelve year period;
(D) the Act of September 30, 1890 ( 26 Stat. 558 ), amended the 1875 Act by substituting a renewal term of "not exceeding ninety-nine years" for the original renewal term of twelve years; and
(E) in 1952 the Seneca Nation filed a claim with the Indian Claims Commission against the United States for use of improper lease fees, and in 1977 a settlement was reached regarding such claim, providing for the payment of $600,000 to the Seneca Nation covering the period beginning in 1870 to the end of 1946.
(3) An analysis of historic land values indicates that the payments made under the original lease agreement and under the settlement described in paragraph (2)(E) were well below the actual lease value of the property.
(4) The approaching expiration of the Salamanca and congressional village leases on February 19, 1991, has created significant uncertainty and concern on the part of the city of Salamanca and Salamanca residents, and among the residents of the congressional villages, many of whose families have resided on leased lands for generations.
(5) The future economic success of the Seneca Nation, city, and congressional villages is tied to the securing of a future lease agreement.
(6) The Federal and State governments have agreed that there is a moral responsibility on the part of both governments to help secure a fair and equitable settlement for past inequities.
It is the purpose of this subchapter—
(1) to effectuate and support the Agreement between the city and the Seneca Nation, and facilitate the negotiation of new leases with lessees in the congressional villages;
(2) to assist in resolving the past inequities involving the 1890 leases and to secure fair and equitable compensation for the Seneca Nation based on the impact of these leases on the economy and culture of the Seneca Nation;
(3) to provide a productive environment between the Seneca Nation and lessees for negotiating the leases provided for under the Agreement;
(4) to provide stability and security to the city and the congressional villages, their residents, and businesses;
(5) to promote the economic growth of the city and the congressional villages;
(6) to promote economic self-sufficiency for the Seneca Nation and its members;
(7) to promote cooperative economic and community development efforts on the part of the Seneca Nation and the city; and
(8) to avoid the potential legal liability on the part of the United States that could be a direct consequence of not reaching a settlement.
Act of February 19, 1875 ( 18 Stat. 330 ), referred to in subsec. (a)(2)(C), is act Feb. 19, 1875, ch. 90, 18 Stat. 330 , as amended, which is not classified to the Code.
Act of September 30, 1890 ( 26 Stat. 558 ), referred to in subsec. (a)(2)(D), is act Sept. 30, 1890, ch. 1132, 26 Stat. 558 , which is not classified to the Code.
provided that: "This Act [enacting this subchapter] may be cited as the 'Seneca Nation Settlement Act of 1990'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774a -->
For the purposes of this subchapter—
(1) the term "1890 lease" means a lease made by the Seneca Nation which is subject to—
(A) the Act entitled "An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases" approved February 19, 1875 (chap. 90, 18 Stat. 330 ); and
(B) the Act entitled "An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases" approved September 30, 1890 (chap. 1132, 26 Stat. 558 );
(2) the term "Agreement" means the document executed by the Seneca Nation and the city entitled "Agreement between the Seneca Nation of Indians and the City of Salamanca", including the appendix to the Agreement;
(3) the term "city" means the city of Salamanca, New York;
(4) the term "lessee" means the holder of an 1890 lease which either expires in 1991 or is one of the leases listed in document 1 of the Technical Documents, including any lessee who holds an 1890 lease by reason of assignment, inheritance, or other manner as provided by the Act referred to in paragraph (1)(A);
(5) the term "memorandum of understanding" means an agreement between the State and the Seneca Nation pertaining to the payment of the funds to be provided pursuant to this subchapter, which memorandum of understanding reflects an agreement between the Seneca Nation and the State concerning a mechanism and schedule of payments for the funds described in section 1774d(c) of this title ;
(6) the term "Secretary" means the Secretary of the Interior;
(7) the term "Seneca Nation" means the Seneca Nation of Indians of the Allegany, Cattaraugus, and Oil Spring Reservations;
(8) the term "State" means the State of New York;
(9) the term "Technical Documents" means the documents which comprise the appendix to the Agreement; and
(10) the term "congressional villages" means the villages of Carrollton, Great Valley, and Vandalia in the State of New York.
Act entitled "An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases" approved February 19, 1875 (chap. 90, 18 Stat. 330 ), referred to in pars. (1)(A) and (4), is not classified to the Code.
Act entitled "An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases" approved September 30, 1890 (chap. 1132, 26 Stat. 558 ), referred to in par. (1)(B), is not classified to the Code.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774b -->
If the Seneca Nation offers new leases in accordance with the Agreement, this subchapter shall apply with respect to the Seneca Nation. The Seneca Nation shall supply copies of such leases to the Secretary and shall certify in writing that it has supplied the Secretary with copies of written offers to all lessees entitled to an offer.
The Seneca Nation shall execute appropriate documents relinquishing all claims against the United States, the State, the city, the congressional villages, and all prior lessees for payment of annual rents prior to February 20, 1991, with respect to all prior and existing leases.
(1) The relinquishment of claims against the United States shall be effective upon payment by the United States to the Seneca Nation of the funds provided in section 1774d of this title .
(2) The offers, and any acceptances thereof, referred to in subsection (a) of this section, and the relinquishment of claims against the State, the city, the congressional villages, and all prior lessees for payment of annual rents referred to in subsection (b) of this section shall not be binding on the Seneca Nation until after the later of the dates on which (1) Congress, or (2) the legislature of the State appropriates the amount of funds set forth in section 1774d of this title or the Seneca Nation and the State agree upon a schedule and mechanism for payments for funds pursuant to section 1774d(c) of this title . Such agreement shall render the offers, acceptances and the relinquishment effective so long as the payments are made as agreed upon by the Seneca Nation and the State.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774c -->
The Congress finds that the Seneca Nation is solely responsible for negotiation of the leases under the Agreement in its own interest and approval of any such lease by the United States is not required.
The Congress finds that—
(1) the lessees of leases with the Seneca Nation are responsible for representing their own interest in lease negotiations with the Seneca Nation; and
(2) nothing in this subchapter shall be construed to prevent the lessees from collectively negotiating with the Seneca Nation regarding such leases, whether through informal groups or as delegations formally sanctioned by either the State or local governments.
(1) The United States shall not serve in a capacity to approve leases of the Seneca Nation.
(2) Federal funds may not be obligated or expended, directly or indirectly, for annual payments under any such lease, except for funds that may be available under a conventional, nationwide program.
(1) The State shall not serve in a capacity to approve leases of the Seneca Nation.
(2) State funds may not be obligated or expended, directly or indirectly, for annual payments under any such lease.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774d -->
In recognition of the findings and purposes specified in section 1774 of this title , the settlement funds provided pursuant to this subchapter shall be provided by the United States and the State. The Secretary may not obligate or expend funds provided under subsection (b) of this section until the Secretary determines that there is an agreed upon and signed memorandum of understanding.
The Secretary shall pay to the Seneca Nation the amount of $30,000,000, which is the Federal share of the cash payment to be managed, invested, and used by the Nation to further specific objectives of the Nation and its members, all as determined by the Nation in accordance with the Constitution and laws of the Nation.
(A) In addition to the amount provided under paragraph (1), the Secretary shall pay to the Seneca Nation the amount of $5,000,000 to be used for the economic and community development of the Seneca Nation, including the city of Salamanca, which is an integral part of the Seneca Nation's Allegany Reservation. Such amount shall be deposited by the Secretary, administered, and disbursed in accordance with subparagraph (B).
(B)(i) The sum of $2,000,000 shall be deposited in a separate interest bearing account of the Seneca Nation. The account shall be administered, and the principal and interest thereon disbursed, by the Seneca Nation in accordance with a plan approved by the Council of the Seneca Nation to promote the economic and community development of the Seneca Nation. Until the principal is expended pursuant to such plan, the income accruing from such sum shall be disbursed to the treasurer of the Seneca Nation on a quarterly basis to fund tribal government operations and to provide for the general welfare of the Seneca Nation and its members. The Seneca Nation may in its discretion add the accrued income to the principal.
(ii) The sum of $3,000,000 shall be deposited in an escrow account which shall be owned by the Seneca Nation. The escrow agent shall be selected by agreement of the Seneca Nation and the city. The escrow account shall remain in existence for a period of ten years from the date on which the principal is deposited or until all payments provided for under section V.D. of the Agreement have been made. The escrow account shall be held and disbursed for economic and community development as set forth in section V.D. of the Agreement. Upon the expiration of the ten-year period, the $3,000,000 principal shall be disbursed in accordance with a plan approved by the Council of the Seneca Nation to promote the economic and community development of the Seneca Nation.
The State, in accordance with its laws and regulations, shall provide the sum of $16,000,000 in cash payments and $9,000,000 for economic or community development subject to the provisions of the memorandum of understanding.
The payments required by this section on the part of the United States shall be made within 30 days of the Secretary's determination that the Seneca Nation has complied with section 1774b of this title , or upon the availability of the amounts necessary to carry out this subchapter, if such determination has previously been made. If the Secretary determines that the Seneca Nation has not complied with section 1774b of this title , he shall advise the Seneca Nation in writing of all steps it must take to comply.
The only amounts available to carry out this subchapter shall be those amounts specifically appropriated by the Congress or the legislature of the State to carry out this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774e -->
Amounts may not be expended from—
(1) the $30,000,000 and the $5,000,000 provided by the United States under section 1774d(b) of this title , and
(2) the $16,000,000 and $9,000,000 provided by the State under section 1774d(c) of this title ,
until after the authorized officials of the Seneca Nation execute new leases with all lessees who accept the Seneca Nation's offer of a new lease, as filed with the Secretary under section 1774b(a) of this title , and execute appropriate documents relinquishing all claims for payment of annual rents prior to February 20, 1991, with respect to such leases.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774f -->
Subject to subsection (b) of this section, the provisions of section 1407 of this title shall apply to any payment of funds authorized to be appropriated under this subchapter and made to individual members of the Seneca Nation. None of the payments, funds, or distributions authorized, established, or directed by this subchapter, and none of the income derived therefrom, which may be received under this subchapter by the Seneca Nation or individual members of the Seneca Nation, shall be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, seizure, or State or local taxation.
None of the payments, funds or distributions authorized, established, or directed by this subchapter, and none of the income derived therefrom, shall affect the eligibility of the Seneca Nation or its members for, or be used as a basis for denying or reducing funds under, any Federal program.
Land within its aboriginal area in the State or situated within or near proximity to former reservation land may be acquired by the Seneca Nation with funds appropriated pursuant to this subchapter. State and local governments shall have a period of 30 days after notification by the Secretary or the Seneca Nation of acquisition of, or intent to acquire such lands to comment on the impact of the removal of such lands from real property tax rolls of State political subdivisions. Unless the Secretary determines within 30 days after the comment period that such lands should not be subject to the provisions of section 2116 of the Revised Statutes ( 25 U.S.C. 177 ), such lands shall be subject to the provisions of that Act 1 and shall be held in restricted fee status by the Seneca Nation. Based on the proximity of the land acquired to the Seneca Nation's reservations, land acquired may become a part of and expand the boundaries of the Allegany Reservation, the Cattaraugus Reservation, or the Oil Spring Reservation in accordance with the procedures established by the Secretary for this purpose.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774g -->
Notwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this subchapter shall be barred unless the action is filed on or before the date which is 180 days after November 3, 1990. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the Western District of New York.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT!@!Sec. 1774h -->
There is authorized to be appropriated such sums as may be necessary to carry out this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775 -->
Congress finds the following:
(1) The Mohegan Tribe of Indians of Connecticut received recognition by the United States pursuant to the administrative process under part 83 of title 25 of the Code of Federal Regulations.
(2) The Mohegan Tribe of Indians of Connecticut is the successor in interest to the aboriginal entity known as the Mohegan Indian Tribe.
(3) The Mohegan Tribe has existed in the geographic area that is currently the State of Connecticut for a long period preceding the colonial period of the history of the United States.
(4) Certain lands were sequestered as tribal lands by the Colony of Connecticut and subsequently by the State of Connecticut.
(5) The Mohegan Tribe of Indians of Connecticut v. State of Connecticut, et al. (Civil Action No. H–77–434, pending before the United States District Court for the Southern District of Connecticut) relates to the ownership of certain lands within the State of Connecticut.
(6) Such action will likely result in economic hardships for residents of the State of Connecticut, including residents of the town of Montville, Connecticut, by encumbering the title to lands in the State, including lands that are not currently the subject of the action.
(7) The State of Connecticut and the Mohegan Tribe have executed agreements for the purposes of resolving all disputes between the State of Connecticut and the Mohegan Tribe and providing a settlement for the action referred to in paragraph (5).
(8) In order to implement the agreements referred to in paragraphs (5) and (6) of section 1775a of this title that address matters of jurisdiction with respect to certain offenses committed by and against members of the Mohegan Tribe and other Indians in Indian country and matters of gaming-related development, it is necessary for the Congress to enact legislation.
(9) The town of Montville, Connecticut, will—
(A) be affected by the loss of a tax base from, and jurisdiction over, lands that will be held in trust by the United States on behalf of the Mohegan Tribe; and
(B) serve as the host community for the gaming operations of the Mohegan Tribe.
(10) The town of Montville and the Mohegan Tribe have entered into an agreement to resolve issues extant between them and to establish the basis for a cooperative government-to-government relationship.
The purposes of this subchapter are as follows:
(1) To facilitate the settlement of claims against the State of Connecticut by the Mohegan Tribe.
(2) To facilitate the removal of any encumbrance to any title to land in the State of Connecticut that would have resulted from the action referred to in subsection (a) of this section.
provided that: "This Act [enacting this subchapter] may be cited as the 'Mohegan Nation of Connecticut Land Claims Settlement Act of 1994'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775a -->
As used in this subchapter:
The term "lands or natural resources" means any real property or natural resources, or any interest in or right involving any real property or natural resources, including any right or interest in minerals, timber, or water, and any hunting or fishing rights.
The term "Mohegan Tribe" means the Mohegan Tribe of Indians of Connecticut, a tribe of American Indians recognized by the United States pursuant to part 83 of title 25, Code of Federal Regulations, and the State of Connecticut pursuant to section 47–59a(b) of the Connecticut General Statutes.
The term "Secretary" means the Secretary of the Interior.
The term "State" means the State of Connecticut.
The term "State Agreement" means the Agreement between the Mohegan Tribe and the State of Connecticut, executed on May 17, 1994, by the Governor of the State of Connecticut and the Chief of the Mohegan Tribe, that was filed with the Secretary of State of the State of Connecticut.
The term "Town Agreement" means the agreement executed on June 16, 1994, by the Mayor of the town of Montville and the Chief of the Mohegan Tribe.
The term "transfer" includes any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which is to effect a sale, grant, lease, allotment, partition, or conveyance, or any event that results in a change of possession or control of land or natural resources.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775b -->
The Secretary is authorized to carry out the duties specified in subsection (b) of this section at such time as the Secretary makes a determination that—
(1) in accordance with the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), the State of Connecticut has entered into a binding compact with the Mohegan Tribe providing for class III tribal gaming operations (as defined in section 4(8) of such Act ( 25 U.S.C. 2703(8) ));
(2) the compact has been approved by the Secretary pursuant to section 11(d)(8) of such Act ( 25 U.S.C. 2710(d)(8) ); and
(3) pursuant to transfers carried out pursuant to the State Agreement, the United States holds title to lands described in exhibit B of the State Agreement in trust for the Mohegan Tribe to be used as the initial Indian reservation of the Mohegan Tribe.
If the Secretary makes a determination under subsection (a) of this section that the conditions specified in paragraphs (1) through (3) of that subsection have been met, the Secretary shall publish the determination, together with the State Agreement, in the Federal Register.
Upon the publication of the determination and the State Agreement in the Federal Register pursuant to subsection (b) of this section, a transfer, waiver, release, relinquishment, or other commitment made by the Mohegan Tribe in accordance with the terms and conditions of the State Agreement shall be in full force and effect.
(A) The United States hereby approves any transfer, waiver, release, relinquishment, or other commitment carried out pursuant to paragraph (1).
(B) A transfer made pursuant to paragraph (1) shall be deemed to have been made in accordance with all provisions of Federal law that specifically apply to transfers of lands or natural resources from, by, or on behalf of an Indian, Indian nation, or tribe of Indians (including the Act popularly known as the "Trade and Intercourse Act of 1790"; section 4 of the Act of July 22, 1790 ( 1 Stat. 137 , chapter 33 )). The approval of the United States made pursuant to subparagraph (A) shall apply to the transfer beginning on the date of the transfer.
Subject to subsections (f)(2) and (g) of this section, the following claims are hereby extinguished:
(A) Any claim to land within the State of Connecticut based upon aboriginal title by the Mohegan Tribe.
(B) Any other claim that the Mohegan Tribe may have with respect to any public or private lands or natural resources in Connecticut, including any claim or right based on recognized title, including—
(i) any claim that the Mohegan Tribe may have to the tribal sequestered lands bounded out to the Tribe in 1684, consisting of some 20,480 acres lying between the Thames River, New London bounds, Norwich bounds, and Colchester bounds;
(ii) any claim that the Mohegan Tribe may have based on a survey conducted under the authority of the Connecticut General Assembly in 1736 of lands reserved and sequestered by the General Assembly for the sole use and improvement of the Mohegan Indian Tribe; and
(iii) any claim that the Mohegan Tribe may have based on any action by the State carried out in 1860 or 1861 or otherwise made by the State to allot, reallot, or confirm any lands of the Mohegan Tribe to individual Indians or other persons.
An extinguishment made pursuant to this subsection shall be deemed to have been made in accordance with all provisions of Federal law that specifically apply to transfers of lands or natural resources from, by, or on behalf of an Indian, Indian nation, or tribe of Indians (including the Act popularly known as the "Trade and Intercourse Act of 1790"; section 4 of the Act of July 22, 1790 ( 1 Stat. 137 , chapter 33 )).
Subject to subsection (g) of this section, any transfer of lands or natural resources located within the State of Connecticut, including any such transfer made pursuant to any applicable Federal or State law (including any applicable treaty), made by, from, or on behalf of the Mohegan Tribe or any predecessor or successor in interest of the Mohegan Tribe shall be deemed to be in full force and effect, as provided in subsection (c)(1) of this section.
Except as provided in paragraph (2) and subject to subsection (g) of this section, by virtue of the approval by the United States under this section of a transfer of land or the extinguishment of aboriginal title, any claim by the Mohegan Tribe against the United States, any State or political subdivision of a State, or any other person or entity, by the Mohegan Tribe, that—
(A) arises after the transfer or extinguishment is carried out; and
(B) is based on any interest in or right involving any claim to lands or natural resources described in this section, including claims for trespass damages or claims for use and occupancy,
shall, beginning on the date of the transfer of land or the extinguishment of aboriginal title, be considered an extinguished claim.
The limitation under paragraph (1) shall not apply to any interest in lands or natural resources that is lawfully acquired by the Mohegan Tribe or a member of the Mohegan Tribe after the applicable date specified in paragraph (1).
Nothing in this section may be construed to extinguish any aboriginal right, title, interest, or claim to lands or natural resources, to the extent that such right, title, interest, or claim is an excepted interest, as defined under section 1(a) of the State Agreement.
Nothing in this section may be construed to offset or eliminate the personal claim of any individual Indian if the individual Indian pursues such claim under any law of general applicability.
The Indian Gaming Regulatory Act, referred to in subsec. (a)(1), is
Oct. 17, 1988, 102 Stat. 2467 , as amended, which is classified principally to chapter 29 (§2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
The Trade and Intercourse Act of 1790, referred to in subsecs. (c)(2)(B) and (d)(2), is act July 22, 1790, ch. 33, 1 Stat. 137 , which is not classified to the Code.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775c -->
Subject to the environmental requirements that apply to land acquisitions covered under part 151 of title 25, Code of Federal Regulations (or any subsequent similar regulation), the Secretary shall take such action as may be necessary to facilitate the conveyance to the United States of title to lands described in exhibits A and B of the State Agreement. Such lands shall be held by the United States in trust for the use and benefit of the Mohegan Tribe as the initial Indian reservation of the Mohegan Tribe.
The Secretary shall consult with the appropriate official of the town of Montville concerning any tract of land subject to exhibit B of the State Agreement but not specifically identified in such exhibit with respect to the impact on the town resulting from—
(A) the removal of the land from taxation by the town;
(B) problems concerning the determination of jurisdiction; and
(C) potential land use conflicts.
Nothing in this subchapter may affect the right of the town of Montville to participate, under any applicable law, in decisionmaking processes concerning the acquisition of any lands by the Federal Government to be held in trust for the Mohegan Tribe.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775d -->
Subject to subsection (b) of this section, the consent of the United States is hereby given to the assumption of jurisdiction by the State of Connecticut over criminal offenses committed by or against Indians on the reservation of the Mohegan Tribe. The State shall have such jurisdiction to the same extent as the State has jurisdiction over such offenses committed elsewhere within the State. The criminal laws of the State shall have the same force within such reservation and Indian country as such laws have elsewhere within the State.
The assumption of criminal jurisdiction by the State pursuant to subsection (a) of this section shall not affect the concurrent jurisdiction of the Mohegan Tribe over matters concerning such criminal offenses.
The assumption of criminal jurisdiction by the State pursuant to subsection (a) of this section shall not be construed as a waiver of the jurisdiction of the United States under section 1153 of title 18 .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775e -->
Notwithstanding any other provision of law, the consent of the United States is hereby given to the Town Agreement and the Town Agreement shall be in full force and effect.
The Secretary shall approve any subsequent amendments made to the Town Agreement after October 19, 1994, that are—
(1) mutually agreed on by the parties to the Town Agreement; and
(2) consistent with applicable law.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775f -->
Except as expressly provided in this subchapter, the State Agreement, or the Town Agreement, this subchapter shall constitute a general discharge and release of all obligations of the State of Connecticut and the political subdivisions, agencies, departments, officers, or employees of the State of Connecticut arising from any treaty or agreement with, or on behalf of, the Mohegan Tribe or the United States as trustee for the Mohegan Tribe.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775g -->
If, during the 15-year period beginning on the date on which the Secretary publishes a determination pursuant to section 1775b(b) of this title , the State Agreement is invalidated by a court of competent jurisdiction, or if the gaming compact described in section 1775b(a)(1) of this title or any agreement between the State of Connecticut and the Mohegan Tribe to implement the compact is invalidated by a court of competent jurisdiction—
(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Mohegan Tribe under section 1(a) of the State Agreement shall cease to be of any force or effect;
(2) section 1775b of this title shall not apply to the lands or interests in lands or natural resources of the Mohegan Tribe or any of its members, and the title to the lands or interests in lands or natural resources shall be determined as if such section were never enacted; and
(3) the approval by the United States of prior transfers and the extinguishment of claims and aboriginal title of the Mohegan Tribe otherwise made under section 1775b of this title shall be void.
If a State Agreement or compact or agreement described in subsection (a) of this section is invalidated by a court of competent jurisdiction, the Mohegan Tribe or its members shall have the right to reinstate a claim to lands or interests in lands or natural resources to which the Tribe or members are entitled as a result of the invalidation, within a reasonable time, but not later than the later of—
(A) 180 days after the Mohegan Tribe receives written notice of such determination of an invalidation described in subsection (a) of this section; or
(B) if the determination of the invalidation is subject to an appeal, 180 days after the court of last resort enters a judgment.
Notwithstanding any other provision of law, if a party to an action described in paragraph (1) reinstates the action during the period described in paragraph (1)(B)—
(A) no defense, such as laches, statute of limitations, law of the case, res judicata, or prior disposition may be asserted based on the withdrawal of the action and reinstatement of the action; and
(B) the substance of any discussions leading to the State Agreement may not be admissible in any subsequent litigation, except that, if any such action is reinstated, any defense that would have been available to the State of Connecticut at the time the action was withdrawn—
(i) may be asserted; and
(ii) is not waived by anything in the State Agreement or by subsequent events occurring between the withdrawal action and commencement of the reinstated action.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT!@!Sec. 1775h -->
Notwithstanding any other provision of law, during the period beginning on October 19, 1994, and ending on the date that is 180 days after October 19, 1994, the United States District Court for the Southern District of Connecticut shall have exclusive jurisdiction over any action to contest the constitutionality of this subchapter or the validity of any agreement entered into under the authority of this subchapter or approved by this subchapter.
Effective with the termination of the period specified in subsection (a) of this section, no court shall have jurisdiction over any action to contest the constitutionality of this subchapter or the validity of any agreement entered into under the authority of this subchapter or approved by this subchapter, unless such action was filed prior to the date of termination of the period specified in subsection (a) of this section.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776 -->
Congress finds the following:
(1) Under the treaty between the United States of America and the Crow Tribe of Indians concluded May 7, 1868 (commonly known as the "Fort Laramie Treaty of 1868"; 15 Stat. 649 ), the eastern boundary of the Crow Indian Reservation was established as the 107th meridian for approximately 90 miles from the Yellowstone River to the boundary between Montana and Wyoming.
(2) Under Executive orders issued in 1884 and 1900, the western boundary of the Northern Cheyenne Reservation was established as the 107th meridian. The 107th meridian was intended to be the common boundary between the Crow Reservation and Northern Cheyenne Reservation for approximately 25 miles.
(3) From 1889 through 1891, a survey was conducted of the eastern boundary of the Crow Reservation. The 1891 survey line strayed to the west, and resulted in the exclusion from the Crow Indian Reservation of a strip of land of approximately 36,164 acres. Approximately 12,964 acres of such strip of land were included in the Northern Cheyenne Reservation. Deposits of low sulphur coal underlie the land excluded from the Crow Indian Reservation, including the land included in the Northern Cheyenne Indian Reservation.
(4)(A) The erroneous nature of the survey was not discovered for several decades. Meanwhile, the areas along the 107th meridian to the north and south of the Northern Cheyenne Indian Reservation were opened to settlement in the late nineteenth century and early part of the twentieth century. Patents were issued to non-Indian persons and to the State of Montana for most of the surface land and a significant portion of the minerals in these areas between the 107th meridian and the 1891 survey line.
(B) The 12,964 acres included in the Northern Cheyenne Reservation have been treated as part of the Northern Cheyenne Reservation and occupied by the Northern Cheyenne Tribe and the Northern Cheyenne allottees, and their successors in interest.
(5) Legislation to resolve the 107th meridian boundary dispute was introduced in Congress in the 1960's and 1970's, and again in 1992, but no such legislation was enacted into law.
The purpose of this subchapter is to settle the 107th meridian boundary dispute created by the erroneous survey of the eastern boundary of the Crow Indian Reservation made by the Federal Government described in subsection (a)(3) of this section.
provided that: "This Act [enacting this subchapter] may be cited as the 'Crow Boundary Settlement Act of 1994'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776a -->
As used in this subchapter:
The term "Crow Tribe" means the Crow Tribe of Indians, the duly recognized governing body of the Crow Indian Reservation.
The term "disputed area" means the approximately 36,164 acres of land, including the minerals, located between the 107th meridian on the east and the 1891 survey line on the west from the Yellowstone River on the north to the boundary between the State of Wyoming and the State of Montana on the south.
The term "1891 survey" means the survey of the eastern boundary of the Crow Reservation conducted by the United States Government from 1889 through 1891.
The term "1891 survey line" means the erroneous boundary line resulting from the survey of the 107th meridian which was completed in 1891.
The term "Northern Cheyenne Tribe" means the Northern Cheyenne Tribe of Indians, with the Northern Cheyenne Tribal Council as the duly recognized governing body of the Northern Cheyenne Indian Reservation.
The term "107th meridian boundary dispute" means the dispute resulting from the disparity between the location of the 107th meridian and the location of the 1891 survey line.
The term "107th meridian escrow fund" means the revenues that arise from, or are derived from, parcel number 2, including all accrued interest on such revenues, which are held by the Bureau of Indian Affairs in an escrow account as of November 2, 1994.
The term "parcel number 1" means the area, encompassing approximately 11,317 acres, bounded on the south by the Montana-Wyoming border, on the east by the 107th meridian, on the north by the extension to the west of the southern boundary of the Northern Cheyenne Indian Reservation, and on the west by the 1891 survey line.
The term "parcel number 2" means the area, encompassing approximately 12,964 acres, bounded on the south by the extension to the west of the southern boundary of the Northern Cheyenne Indian Reservation, on the east by the 107th meridian, on the north by the extension to the west of the northern boundary of the Northern Cheyenne Indian Reservation, and on the west by the 1891 survey line.
The term "parcel number 3" means the area, encompassing approximately 2,469 acres, bounded on the south by the extension to the west of the northern boundary of the Northern Cheyenne Indian Reservation, on the east by the 107th meridian, on the north by the northern boundary of the Crow Indian Reservation, and on the west by the 1891 survey line.
The term "parcel number 4" means the area, encompassing approximately 9,415 acres, bounded on the south by the northern boundary of the Crow Indian Reservation, on the east by the 107th meridian, on the north by the midpoint of the Yellowstone River, and on the west by the 1891 survey line.
The term "public lands" means any land or interest in land owned by the United States (without regard to the means by which the United States acquired ownership of the land or interest in land) and administered by the Secretary through the Bureau of Land Management.
The term "royalties received and retained by the United States" means the royalties derived from minerals owned by the United States that the United States retains after all payments from the royalties have been made to the State of Montana or any unit of local government of the State of Montana.
The term "Secretary" means the Secretary of the Interior.
The term "Settlement Agreement" means the agreement between the Secretary, on behalf of the United States and the Crow Tribe, that provides for the resolution of all claims held by the Crow Tribe arising from the 107th meridian boundary dispute.
The term "undisposed of coal" means coal that has not been conveyed to private parties or to the State of Montana by the United States.
The term "undisposed of surface lands" means surface land that has not been conveyed to private parties or to the State of Montana by the United States.
The term "undisposed of oil, gas, coal methane, or other minerals" means oil, gas, coal methane, or other minerals (excluding coal) that have not been conveyed to private parties or to the State of Montana by the United States.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776b -->
Subject to the terms and conditions of this subchapter, the Secretary shall enter into the Settlement Agreement with the Crow Tribe.
Subject to the conditions set forth in section 1776g(a) of this title , the United States hereby approves, ratifies, and confirms the Settlement Agreement, to the extent that such Settlement Agreement does not conflict with this subchapter.
The terms and conditions of the Settlement Agreement may be modified by mutual agreement of the Crow Tribe and the Secretary if such modification—
(1) is not inconsistent with this subchapter; and
(2) does not diminish or impair any right or benefit secured to the Northern Cheyenne Tribe, the Northern Cheyenne allottees, or their successors in interest by or pursuant to any provision of this subchapter.
Except as provided in paragraph (2), the Settlement Agreement shall be subject to the enforcement provisions under chapter 7 of title 5 .
If, with respect to the enforcement of the Settlement Agreement, the remedies available under the provisions referred to in paragraph (1) do not provide adequate or complete relief, the Settlement Agreement shall be subject to the enforcement provisions under section 1505 of title 28 .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776c -->
With respect to the property within parcel number 1, the following provisions shall apply:
(A) The boundary of the Crow Indian Reservation shall be the 107th meridian.
(B) Title to the undisposed of coal of such parcel shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and shall be recognized as part of the Crow Indian Reservation.
(C) Title to the undisposed of surface lands of such parcel shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and shall be recognized as part of the Crow Indian Reservation.
(D) Title to the undisposed of oil, gas, coal methane, or other minerals of such parcel shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and shall be recognized as part of the Crow Indian Reservation.
Nothing in this subchapter or the Settlement Agreement may alter, diminish, disturb, or cause to be divested any right, title, or interest of any person or entity in any land, coal, oil, gas, coal methane, or mineral within parcel number 1 that is based on the 1891 survey line, except for the specific rights that are vested in the United States for the sole use and benefit of the Crow Tribe pursuant to subparagraphs (B) through (D) of paragraph (1).
The following waivers and releases shall be included in the Settlement Agreement:
(A) A disclaimer and relinquishment by the Crow Tribe of all right, title, claim, or interest in all the land and minerals within parcel number 1, except for the rights, titles, and interests recognized as beneficially owned by the Crow Tribe and as part of the Crow Indian Reservation in subparagraphs (B) through (D) of paragraph (1).
(B) A release by the Crow Tribe of all persons and entities, including the United States, from any liability arising from, or related to, the 1891 survey and the subsequent occupancy and use of parcel number 1.
With respect to the property within parcel number 2, the following provisions shall apply:
(A) The boundary between the Crow and Northern Cheyenne Indian Reservations shall be the 1891 survey line.
(B) All surface lands and minerals of such parcel shall constitute part of the Northern Cheyenne Reservation.
(C) All surface lands, including all rights appurtenant to the surface lands, of such parcel shall be vested in the United States in trust for the sole use and benefit of the Northern Cheyenne Tribe, except that surface lands that have been allotted shall be recognized as held in trust for, or owned in fee by (as the case may be), the Northern Cheyenne allottees or their successors in interest.
(D) The oil, gas, coal, coal methane, and other minerals, including all rights appurtenant to such minerals, of such parcel shall be vested in the United States in trust for the sole use and benefit of the Northern Cheyenne Tribe.
The following waivers and releases shall be included in the Settlement Agreement:
(A) A disclaimer and relinquishment by the Crow Tribe of all right, jurisdiction, title, claim, or interest in the lands and minerals within parcel number 2, including all rights appurtenant to such land and minerals.
(B) A release by the Crow Tribe of all persons and entities, including the United States, the Northern Cheyenne Tribe, the Northern Cheyenne allottees and their successors in interest, from any liability arising from, or related to, the 1891 survey and the subsequent occupancy and use of parcel number 2.
The provisions of this subsection may be enforced, in law or in equity, by the Northern Cheyenne Tribe, Northern Cheyenne allottees, and their successors in interest, in accordance with their respective interests.
With respect to the property within parcel number 3 and parcel number 4, the boundary of the Crow Indian Reservation shall be the 1891 survey line.
Nothing in this subchapter or the Settlement Agreement may alter, diminish, disturb, or cause to be divested any right, title, or interest of any person or entity in any land, coal, or mineral within parcel number 3 or parcel number 4 that is based on the 1891 survey line.
The following waivers and releases shall be included in the Settlement Agreement:
(A) A disclaimer and relinquishment by the Crow Tribe of all right, jurisdiction, title, claim, or interest in the lands and minerals situated within parcel number 3 and parcel number 4.
(B) A release by the Crow Tribe of all persons and entities, including the United States, from any liability arising from, or related to, the 1891 survey and the subsequent occupancy and use of parcel number 3 and parcel number 4.
With respect to the land exchanges with the State of Montana and private landowners made under this subchapter the following provisions shall apply:
(A) The Secretary shall negotiate with the State of Montana for the purpose of exchanging public lands within the State of Montana for State trust lands within the Crow Reservation having a total value substantially equal to the value of the surface estate of the approximately 46,625 acres of State trust lands obtained by the State of Montana pursuant to the Act of February 22, 1889 (commonly known as the "Montana Enabling Act"; 25 Stat. 676 , chapter 180 ), and the Act entitled "An Act to provide for the allotment of lands of the Crow Tribe for the distribution of tribal funds and for other purposes" approved June 4, 1920 (commonly known as the "Crow Allotment Act"; 41 Stat. 751 , chapter 224 ) within the Crow Indian Reservation and the disputed area.
(B) The exchange described in subparagraph (A) shall be in accordance with the exchange procedures set forth in section 1716 of title 43 .
(C) In determining the fair market value of the lands described in subparagraph (A), the parties to the exchange shall give due consideration to the value of improvements on the lands.
(D) The Secretary shall ensure that lands exchanged pursuant to this paragraph as part of the settlement of the 107th Meridian boundary dispute made pursuant to this subchapter shall be selected in such manner that the financial impact on local governments, if any, will be minimized.
(E) The Secretary shall provide such financial or other assistance to the State of Montana and to the Crow Tribe as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges made pursuant to subparagraph (A).
(F) Upon approving an exchange made pursuant to this paragraph, the Secretary shall—
(i) receive title to the State trust lands involved in the exchange on behalf of the United States; and
(ii) transfer title to the public lands disposed of pursuant to the exchanges with the State of Montana by such means of conveyance as the Secretary considers appropriate.
(G) Title to the State trust lands acquired pursuant to the exchanges made with the State of Montana pursuant to this paragraph shall be vested in the United States in trust for the sole use and benefit of the Crow Tribe and shall be recognized as part of the Crow Indian Reservation.
(A) In carrying out the exchanges with the State of Montana pursuant to paragraph (1), the Secretary shall, during a period of at least 5 years beginning on the date on which the Settlement Agreement becomes effective, give first priority to the exchange of public lands within the State of Montana for State trust lands owned by the State of Montana as of November 2, 1994.
(B) Subject to subparagraph (C), if, for any reason, after the expiration of the period specified in subparagraph (A), the exchanges of the State trust lands identified in paragraph (1) have not provided the Crow Tribe with a total of 46,625 acres of surface lands within the boundaries of the existing Crow Indian Reservation (including parcel number 1), the Secretary shall, at the request of, and in cooperation with, the Crow Tribe, develop and implement a program to provide the Crow Tribe with additional land within the Crow Indian Reservation (including parcel number 1) through land exchanges with private landowners.
(C) The total value of—
(i) the value of the lands exchanged and acquired for the Crow Tribe pursuant to paragraph (1), and
(ii) the value of the lands exchanged and acquired for the Crow Tribe pursuant to this paragraph,
shall not exceed the value of the surface estate of the 46,625 acres of land identified in paragraph (1)(A).
(D) In carrying out a program developed pursuant to this paragraph, the Secretary may exchange public lands within the State of Montana for private lands of substantially equal value within the boundaries of the existing Crow Indian Reservation in accordance with section 1716 of title 43 .
(E) In determining the fair market value of the lands described in subparagraph (D), the parties to an exchange made pursuant to subparagraph (D) shall give due consideration to the value of improvements on the lands.
(F) If the Secretary obtains private lands pursuant to subparagraph (D), the Secretary shall transfer title to such lands to the Crow Tribe.
(G) Title to any private or public lands transferred to the Crow Tribe pursuant to this paragraph shall—
(i) be vested in the United States in trust for the sole use and benefit of the Crow Tribe; and
(ii) be recognized as part of the Crow Indian Reservation, if such lands are located within the boundaries of the Crow Indian Reservation.
(H) The Crow Tribe shall assist in obtaining prospective willing parties to exchange private lands within the Crow Indian Reservation for public lands within the State of Montana pursuant to this paragraph.
The Settlement Agreement shall include provisions governing the distribution of interest income to the Crow Tribe from the Crow Tribal Trust Fund pursuant to the terms and conditions described in section 1776d of this title .
Act of February 22, 1889, referred to in subsec. (d)(1)(A), is act Feb. 22, 1889, ch. 180, 25 Stat. 676 , popularly known as the Montana Enabling Act. For complete classification of this Act to the Code, see Tables.
Act June 4, 1920, referred to in subsec. (d)(1)(A), is act June 4, 1920, ch. 224, 41 Stat. 751 , as amended, popularly known as the Crow Allotment Act. For further details, see Crow Indian Reservation note set out under section 331 of this title . For complete classification of this Act to the Code, see Tables.
1996—Subsec. (b)(3).
made technical amendment to reference to "this subsection" to correct underlying provisions of original act.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776d -->
There is established in the Treasury of the United States a trust fund to be known as the "Crow Tribal Trust Fund".
Amounts in the Crow Tribal Trust Fund shall be available, without fiscal year limitation, to the Secretary for distribution to the Crow Tribe in accordance with subsection (d) of this section.
Subject to paragraph (2) and the requirements of section 1776h of this title —
(A) on or before November 30, 1994, the Secretary of the Treasury shall deposit into the Crow Tribal Trust Fund an amount equal to the amounts of royalties received and retained by the United States during fiscal year 1994 from the East Decker, West Decker, and Spring Creek coal mines; and
(B) commencing with fiscal year 1995 and for such period thereafter as may be necessary, the Secretary and the Secretary of the Treasury shall make necessary and proper arrangements for the monthly payment, transfer, or deposit (or any combination thereof) into the Crow Tribal Trust Fund of the royalties received and retained by the United States for the immediately preceding month from the East Decker, West Decker, and Spring Creek coal mines in the State of Montana for the life of such mines, including any extensions of the existing leases for such mines and any expansions of such mines to nearby and adjacent federally owned coal deposits, as specified in the Settlement Agreement.
The total amount of royalties described in paragraph (1) that are paid, transferred, or deposited into the Crow Tribal Trust Fund shall not exceed, in the aggregate, $85,000,000, excluding—
(A) any interest earned on moneys in the Crow Tribal Trust Fund; and
(B) the funds transferred to the Suspension Accounts pursuant to section 1776h of this title .
Subject to paragraph (2) and the requirements of section 1776h of this title , the royalties received and retained by the United States from the East Decker, West Decker, and Spring Creek coal mines shall be paid, transferred or deposited into the Crow Tribal Trust Fund not later than 30 days after the date on which the royalties are due and paid.
The Federal Government shall make payments, in addition to the payments referred to in paragraph (3), from the royalties received and retained by the United States from other coal mines within the State of Montana into the Crow Tribal Trust Fund in an amount equal to any lost interest income (as determined by the Secretary), if any portion of the sums described in paragraph (3) are not paid, transferred or deposited into the Crow Tribal Trust Fund within the 30-day period prescribed in paragraph (3).
At the request of the Secretary, the Secretary of the Treasury shall invest all sums deposited into, accruing to, and remaining in, the Crow Tribal Trust Fund in accordance with section 161a of this title .
Only the interest received on funds in the Crow Tribal Trust Fund shall be available for distribution by the Secretary to the Crow Tribe for use for education, land acquisition, economic development, youth and elderly programs or other tribal purposes in accordance with plans and budgets developed and approved by the Crow Tribe and approved by the Secretary.
Commencing with fiscal year 1996 and for each fiscal year thereafter, without fiscal year limitation, the interest received on monies in the Crow Tribal Trust Fund shall be available for distribution under this subsection only if—
(A) the United States and the Crow Tribe enter into the Settlement Agreement; and
(B) the requirements of section 1776g of this title relating to the approval and execution of the Settlement Agreement are satisfied.
No portion of the Crow Tribal Trust Fund or the interest earned on the Crow Tribal Trust Fund may be distributed to members of the Crow Tribe on a per capita basis.
Notwithstanding any other provision of law, the Crow Tribe may, subject to approval by the Secretary, assign the right of the Crow Tribe to the interest earned on monies in the Crow Tribal Trust Fund to a third party in connection with loans made for economic development projects on or near the Crow Indian Reservation.
Notwithstanding any other provision of law, no portion of the principal of the Crow Tribal Trust Fund shall be available for withdrawal or disbursement or used for any purpose other than the purposes specified in this section and section 1776h of this title .
1994—Subsec. (c).
amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "At the request of the Secretary, the Secretary of the Treasury shall invest all sums deposited into, accruing to, and remaining in, the Crow Tribal Trust Fund in accordance with sections 161a to 161d of this title ."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776e -->
No payments made or benefits conferred pursuant to this subchapter shall result in the reduction or denial of any Federal services or programs to any tribe or to any member of a tribe to which the tribe or member of the tribe is entitled or eligible because of the status of the tribe as a federally recognized Indian tribe or the status of a member of such tribe as a member.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776f -->
(1) Subject to approval by the Secretary, the Crow Tribe may exchange any land or minerals to which its title is recognized in or obtained pursuant to this subchapter for other land or minerals of substantially equivalent value within the Crow Indian Reservation (including parcel number 1).
(2) Lands or minerals received by the Crow Tribe in any exchange made pursuant to paragraph (1) shall be—
(A) vested in the United States in trust for the sole use and benefit of the Crow Tribe; and
(B) recognized as part of the Crow Indian Reservation.
Any land or minerals received by a person who is not an Indian in an exchange referred to in subsection (a) of this section shall be owned in fee.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776g -->
This subchapter shall take effect upon the occurrence of the following conditions:
(1) The Settlement Agreement is approved and executed by the Secretary.
(2) The Settlement Agreement is approved and executed by the Crow Tribe.
(3) The Settlement Agreement and the releases and waivers required by section 1776c of this title are approved and duly executed by the Crow Tribe in accordance with the requirements and procedures set forth in the constitution of the Crow Tribe.
(4) The Settlement Agreement becomes effective in accordance with the terms and conditions specified in the Settlement Agreement.
The United States hereby approves and confirms the releases and waivers required by section 1776c of this title .
1996—Subsec. (a).
substituted "This subchapter" for "The subchapter" in introductory provisions.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776h -->
As soon as practicable after November 2, 1994, the Secretary shall make distributions from the 107th meridian escrow fund as follows:
(1) One-half of the fund shall be distributed to the Crow Tribe.
(2) One-half of the fund shall be distributed to the Northern Cheyenne Tribe.
(3) The receipt and acceptance by a tribe of funds distributed under this section shall be deemed to be—
(A) a disclaimer, relinquishment and waiver by such tribe of all right, claim or interest in the 107th meridian escrow fund; and
(B) a release by such tribe of all persons and entities, including the United States, from any liability arising from, or related to, the establishment and administration of the 107th meridian escrow fund.
As soon as practicable after the Settlement Agreement is executed and approved pursuant to this subchapter, the Secretary of the Treasury shall establish in the Treasury of the United States two interest bearing accounts to be known respectively as the "Crow Tribal Suspension Account" and the "Northern Cheyenne Tribal Suspension Account" (collectively referred to in this section as the "Suspension Accounts"), consisting of—
(1) such amounts as are transferred to the Suspension Accounts under subsection (c) of this section; and
(2) any interest earned on investments of amounts in the Suspension Accounts under subsection (e) of this section.
Beginning with fiscal year 1995, and ending on the date on which the total amount deposited pursuant to this subsection into the Suspension Accounts is equal to $200,000 for each such account (as specified in subsection (d) of this section), the Secretary and the Secretary of the Treasury shall make necessary and proper arrangements for the monthly payment, transfer, or deposit (or any combination thereof) into each of the Suspension Accounts of an amount equal to one-half of the royalties received and retained by the United States for the immediately preceding month, as determined in accordance with section 1776d(b)(1) of this title , by the date specified under section 1776d(b)(3) of this title .
At such time as the amount deposited pursuant to this subsection into the Suspension Accounts is equal to $200,000 for each such account (as specified in subsection (d) of this section), in accordance with section 1776d(b)(1) of this title , the Secretary and the Secretary of the Treasury shall thereafter deposit any remaining amounts determined under section 1776d(b)(1) of this title in the Crow Tribal Trust Fund established under section 1776d(a) of this title .
The Secretary and the Secretary of the Treasury shall not transfer more than a total amount equal to $200,000 to each of the Suspension Accounts from the amounts determined under section 1776d(b)(1) of this title .
All sums deposited in, accruing to and remaining in the Suspension Accounts shall be invested by the Secretary and the Secretary of the Treasury in interest bearing deposits and securities in accordance with the Act of June 24, 1938 ( 52 Stat. 1037 , chapter 648 ; 25 U.S.C. 162a ).
(A) Beginning on the date that is 5 years after November 2, 1994, the Crow Tribe and the Northern Cheyenne Tribe may each submit a duly authorized request to the Secretary for the withdrawal of all of the funds from the Suspension Account of the tribe established under subsection (b) of this section.
(B) Not later than 60 days after receiving a request for the distribution of funds from a Suspension Account made by a tribe under subparagraph (A)—
(i) the Secretary shall, in cooperation with the Secretary of the Treasury, withdraw and distribute such funds in accordance with such request; and
(ii) the Secretary of the Treasury shall terminate the Suspension Account.
With respect to a Suspension Account established under subsection (b) of this section that is not terminated pursuant to paragraph (1), at such time as the corpus and the accrued interest of the Suspension Account of the Crow Tribe or the Northern Cheyenne Tribe is approximately equal to the amount specified in paragraph (1) or (2) of subsection (a) of this section, the Secretary of the Treasury shall terminate the Suspension Account and the Secretary of the Interior shall distribute the funds from the Suspension Account to the tribe.
Act of June 24, 1938, referred to in subsec. (e), is act June 24, 1938, ch. 648, 52 Stat. 1037 , which enacted section 162a of this title , repealed section 162 of this title , and enacted provisions set out as a note under section 162a of this title . For complete classification of this Act to the Code, see Tables.
1996—Subsec. (b).
substituted "referred to in this section" for "referred to in this subsection".
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776i -->
Except for the adjustment to the eastern boundary of the Crow Indian Reservation, nothing in this subchapter or in the Settlement Agreement shall affect or modify the terms and conditions of the treaty between the United States of America and the Crow Tribe of Indians concluded May 7, 1868 (commonly known as the "Fort Laramie Treaty of 1868"; 15 Stat. 649 ).
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776j -->
The benefits available to the Crow Tribe under the terms and conditions of this subchapter and the Settlement Agreement shall constitute full and complete satisfaction of all claims by the Crow Tribe and the members of the Crow Tribe arising from or related to the erroneous survey of the 107th meridian described in section 1776(a)(3) of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT!@!Sec. 1776k -->
There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT!@!Sec. 1777 -->
Congress makes the following findings:
(1) For many years the Pueblo of Santo Domingo has been asserting claims to lands within its aboriginal use area in north central New Mexico. These claims have been the subject of many lawsuits, and a number of these claims remain unresolved.
(2) In December 1927, the Pueblo Lands Board, acting pursuant to the Pueblo Lands Act of 1924 ( 43 Stat. 636 ) confirmed a survey of the boundaries of the Pueblo of Santo Domingo Grant. However, at the same time the Board purported to extinguish Indian title to approximately 27,000 acres of lands within those grant boundaries which lay within 3 other overlapping Spanish land grants. The United States Court of Appeals in United States v. Thompson (941 F.2d 1074 (10th Cir. 1991), cert. denied 503 U.S. 984 (1992)), held that the Board "ignored an express congressional directive" in section 14 of the Pueblo Lands Act, which "contemplated that the Pueblo would retain title to and possession of all overlap land".
(3) The Pueblo of Santo Domingo has asserted a claim to another 25,000 acres of land based on the Pueblo's purchase in 1748 of the Diego Gallegos Grant. The Pueblo possesses the original deed reflecting the purchase under Spanish law but, after the United States assumed sovereignty over New Mexico, no action was taken to confirm the Pueblo's title to these lands. Later, many of these lands were treated as public domain, and are held today by Federal agencies, the State Land Commission, other Indian tribes, and private parties. The Pueblo's lawsuit asserting this claim, Pueblo of Santo Domingo v. Rael (Civil No. 83–1888 (D.N.M.)), is still pending.
(4) The Pueblo of Santo Domingo's claims against the United States in docket No. 355 under the Act of August 13, 1946 ( 60 Stat. 1049 ; commonly referred to as the Indian Claims Commission Act) have been pending since 1951. These claims include allegations of the Federal misappropriation and mismanagement of the Pueblo's aboriginal and Spanish grant lands.
(5) Litigation to resolve the land and trespass claims of the Pueblo of Santo Domingo would take many years, and the outcome of such litigation is unclear. The pendency of these claims has clouded private land titles and has created difficulties in the management of public lands within the claim area.
(6) The United States and the Pueblo of Santo Domingo have negotiated a settlement to resolve all existing land claims, including the claims described in paragraphs (2) through (4).
It is the purpose of this subchapter—
(1) to remove the cloud on titles to land in the State of New Mexico resulting from the claims of the Pueblo of Santo Domingo, and to settle all of the Pueblo's claims against the United States and third parties, and the land, boundary, and trespass claims of the Pueblo in a fair, equitable, and final manner;
(2) to provide for the restoration of certain lands to the Pueblo of Santo Domingo and to confirm the Pueblo's boundaries;
(3) to clarify governmental jurisdiction over the lands within the Pueblo's land claim area; and
(4) to ratify a Settlement Agreement between the United States and the Pueblo which includes—
(A) the Pueblo's agreement to relinquish and compromise its land and trespass claims;
(B) the provision of $8,000,000 to compensate the Pueblo for the claims it has pursued pursuant to the Act of August 13, 1946 ( 60 Stat. 1049 ; commonly referred to as the Indian Claims Commission Act);
(C) the transfer of approximately 4,577 acres of public land to the Pueblo;
(D) the sale of approximately 7,355 acres of national forest lands to the Pueblo; and
(E) the authorization of the appropriation of $15,000,000 over 3 consecutive years which would be deposited in a Santo Domingo Lands Claims Settlement Fund for expenditure by the Pueblo for land acquisition and other enumerated tribal purposes.
Nothing in this subchapter shall be construed to effectuate an extinguishment of, or to otherwise impair, the Pueblo's title to or interest in lands or water rights as described in section 1777c(a)(2) of this title .
The Pueblo Lands Act of 1924, referred to in subsec. (a)(2), is act June 7, 1924, ch. 331, 43 Stat. 636 , as amended, which is set out as a note under section 331 of this title .
Act of August 13, 1946, referred to in subsecs. (a)(4) and (b)(4)(B), is act Aug. 13, 1946, ch. 959, 60 Stat. 1049 , as amended, known as the Indian Claims Commission Act of 1946, which was classified generally to chapter 2A (§70 et seq.) of this title and was omitted from the Code in view of the termination of the Indian Claims Commission on Sept. 30, 1978. See Codification note set out under former section 70 et seq. of this title .
§1, Nov. 1, 2000, 114 Stat. 1890 , provided that: "This Act [enacting this subchapter] may be cited as the 'Santo Domingo Pueblo Claims Settlement Act of 2000'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT!@!Sec. 1777a -->
In this subchapter:
The term "federally administered lands" means lands, waters, or interests therein, administered by Federal agencies, except for the lands, waters, or interests therein that are owned by, or for the benefit of, Indian tribes or individual Indians.
The term "Fund" means the Pueblo of Santo Domingo Land Claims Settlement Fund established under section 1777c(b)(1) of this title .
The term "Pueblo" means the Pueblo of Santo Domingo.
The term "Santo Domingo Pueblo Grant" means all of the lands within the 1907 Hall-Joy Survey, as confirmed by the Pueblo Lands Board in 1927.
The term "Secretary" means the Secretary of the Interior unless expressly stated otherwise.
The term "Settlement Agreement" means the Settlement Agreement dated May 26, 2000, between the Departments of the Interior, Agriculture, and Justice and the Pueblo of Santo Domingo to Resolve All of the Pueblo's Land Title and Trespass Claims.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT!@!Sec. 1777b -->
The Settlement Agreement is hereby approved and ratified.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT!@!Sec. 1777c -->
Subject to paragraph (2), in consideration of the benefits provided under this subchapter, and in accordance with the Settlement Agreement pursuant to which the Pueblo has agreed to relinquish and compromise certain claims, the Pueblo's land and trespass claims described in subparagraph (B) are hereby extinguished, effective as of the date specified in paragraph (5).
The claims described in this subparagraph are the following:
(i) With respect to the Pueblo's claims against the United States, its agencies, officers, and instrumentalities, all claims to land, whether based on aboriginal or recognized title, and all claims for damages or other judicial relief or for administrative remedies pertaining in any way to the Pueblo's land, such as boundary, trespass, and mismanagement claims, including any claim related to—
(I) any federally administered lands, including National Forest System lands designated in the Settlement Agreement for possible sale or exchange to the Pueblo;
(II) any lands owned or held for the benefit of any Indian tribe other than the Pueblo; and
(III) all claims which were, or could have been brought against the United States in docket No. 355, pending in the United States Court of Federal Claims.
(ii) With respect to the Pueblo's claims against persons, the State of New Mexico and its subdivisions, and Indian tribes other than the Pueblo, all claims to land, whether based on aboriginal or recognized title, and all claims for damages or other judicial relief or for administrative remedies pertaining in any way to the Pueblo's land, such as boundary and trespass claims.
(iii) All claims listed on pages 13894–13895 of volume 48 of the Federal Register, published on March 31, 1983, except for claims numbered 002 and 004.
Nothing in this subchapter (including paragraph (1)) shall be construed—
(A) to in any way effectuate an extinguishment of or otherwise impair—
(i) the Pueblo's title to lands acquired by or for the benefit of the Pueblo since December 28, 1927, or in a tract of land of approximately 150.14 acres known as the "sliver area" and described on a plat which is appendix H to the Settlement Agreement;
(ii) the Pueblo's title to land within the Santo Domingo Pueblo Grant which the Pueblo Lands Board found not to have been extinguished; or
(iii) the Pueblo's water rights appurtenant to the lands described in clauses (i) and (ii); and
(B) to expand, reduce, or otherwise impair any rights which the Pueblo or its members may have under existing Federal statutes concerning religious and cultural access to and uses of the public lands.
The Pueblo Lands Board's determination on page 1 of its Report of December 28, 1927, that Santo Domingo Pueblo title, derived from the Santo Domingo Pueblo Grant to the lands overlapped by the La Majada, Sitio de Juana Lopez and Mesita de Juana Lopez Grants has been extinguished is hereby confirmed as of the date of that Report.
In accordance with the Settlement Agreement, any transfer of land or natural resources, prior to November 1, 2000, located anywhere within the United States from, by, or on behalf of the Pueblo, or any of the Pueblo's members, shall be deemed to have been made in accordance with the Act of June 30, 1834 ( 4 Stat. 729 ; commonly referred to as the Trade and Intercourse Act), section 17 of the Act of June 7, 1924 ( 43 Stat. 641 ; commonly referred to as the Pueblo Lands Act), and any other provision of Federal law that specifically applies to transfers of land or natural resources from, by, or on behalf of an Indian tribe, and such transfers shall be deemed to be ratified effective as of the date of the transfer.
Nothing in subparagraph (A) shall be construed to affect or eliminate the personal claim of any individual Indian which is pursued under any law of general applicability that protects non-Indians as well as Indians.
The provisions of paragraphs (1), (3), and (4) shall take effect upon the entry of a compromise final judgment, in a form and manner acceptable to the Attorney General, in the amount of $8,000,000 in the case of Pueblo of Santo Domingo v. United States (Indian Claims Commission docket No. 355). The judgment so entered shall be paid from funds appropriated pursuant to section 1304 of title 31 .
There is hereby established in the Treasury a trust fund to be known as the "Pueblo of Santo Domingo Land Claims Settlement Fund". Funds deposited in the Fund shall be subject to the following conditions:
(A) The Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 ( 25 U.S.C. 162a ).
(B) Subject to the provisions of paragraph (3), monies deposited into the Fund may be expended by the Pueblo to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo, as described in the Findings of Fact of the Indian Claims Commission, dated May 9, 1973, and for use for education, economic development, youth and elderly programs, or for other tribal purposes in accordance with plans and budgets developed and approved by the Tribal Council of the Pueblo and approved by the Secretary.
(C) If the Pueblo withdraws monies from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any oversight over or liability for the accounting, disbursement, or investment of such withdrawn monies.
(D) No portion of the monies described in subparagraph (C) may be paid to Pueblo members on a per capita basis.
(E) The acquisition of lands with monies from the Fund shall be on a willing-seller, willing-buyer basis, and no eminent domain authority may be exercised for purposes of acquiring lands for the benefit of the Pueblo pursuant to this subchapter.
(F) The provisions of
Public Law 93–134
[ 25 U.S.C. 1401 et seq. ], governing the distribution of Indian claims judgment funds, and the plan approval requirements of section 4023 of this title shall not be applicable to the Fund.
There are authorized to be appropriated $15,000,000 for deposit into the Fund, in accordance with the following schedule:
(A) $5,000,000 to be deposited in the fiscal year which commences on October 1, 2001.
(B) $5,000,000 to be deposited in the next fiscal year.
(C) The balance of the funds to be deposited in the third consecutive fiscal year.
Amounts authorized to be appropriated to the Fund under paragraph (2) shall not be disbursed until the following conditions are met:
(A) The case of Pueblo of Santo Domingo v. Rael (No. CIV–83–1888) in the United States District Court for the District of New Mexico, has been dismissed with prejudice.
(B) A compromise final judgment in the amount of $8,000,000 in the case of Pueblo of Santo Domingo v. United States (Indian Claims Commission docket No. 355) in a form and manner acceptable to the Attorney General, has been entered in the United States Court of Federal Claims in accordance with subsection (a)(5) of this section.
Funds awarded to the Pueblo consistent with subsection (c)(2) of this section in docket No. 355 of the Indian Claims Commission shall be deposited into the Fund.
On the date of the entry of the final compromise judgment in the case of Pueblo of Santo Domingo v. United States (Indian Claims Commission docket No. 355) in the United States Court of Federal Claims, and the dismissal with prejudice of the case of Pueblo of Santo Domingo v. Rael (No. CIV–83–1888) in the United States District Court for the District of New Mexico, whichever occurs later—
(1) the public lands administered by the Bureau of Land Management and described in section 6 of the Settlement Agreement, and consisting of approximately 4,577.10 acres of land, shall thereafter be held by the United States in trust for the benefit of the Pueblo, subject to valid existing rights and rights of public and private access, as provided for in the Settlement Agreement;
(2) the Secretary of Agriculture is authorized to sell and convey National Forest System lands and the Pueblo shall have the exclusive right to acquire these lands as provided for in section 7 of the Settlement Agreement, and the funds received by the Secretary of Agriculture for such sales shall be deposited in the fund established under section 484a of title 16 and shall be available to purchase non-Federal lands within or adjacent to the National Forests in the State of New Mexico;
(3) lands conveyed by the Secretary of Agriculture pursuant to this section shall no longer be considered part of the National Forest System and upon any conveyance of National Forest lands, the boundaries of the Santa Fe National Forest shall be deemed modified to exclude such lands;
(4) until the National Forest lands are conveyed to the Pueblo pursuant to this section, or until the Pueblo's right to purchase such lands expires pursuant to section 7 of the Settlement Agreement, such lands are withdrawn, subject to valid existing rights, from any new public use or entry under any Federal land law, except for permits not to exceed 1 year, and shall not be identified for any disposition by or for any agency, and no mineral production or harvest of forest products shall be permitted, except that nothing in this subsection shall preclude forest management practices on such lands, including the harvest of timber in the event of fire, disease, or insect infestation; and
(5) once the Pueblo has acquired title to the former National Forest System lands, these lands may be conveyed by the Pueblo to the Secretary of the Interior who shall accept and hold such lands in the name of the United States in trust for the benefit of the Pueblo.
Act of June 30, 1834, referred to in subsec. (a)(4)(A), is act June 30, 1834, ch. 161, 4 Stat. 729 , as amended. That act was incorporated into the Revised Statutes as R.S. §§533, 2111 to 2113, 2116 to 2118, 2124 to 2126, 2129 to 2135, 2137, 2141, 2145, 2147, 2150 to 2152, and 2154 to 2157. For complete classification of those sections of the Revised Statutes to the Code, see Tables.
Act of June 7, 1924, referred to in subsec. (a)(4)(A), is act June 7, 1924, ch. 331, 43 Stat. 636 , as amended, known as the Pueblo Lands Act of 1924, which is set out as a note under section 331 of this title .
Act of June 24, 1938, referred to in subsec. (b)(1)(A), is act June 24, 1938, ch. 648, 52 Stat. 1037 , as amended, which enacted section 162a of this title , repealed section 162 of this title , and enacted provisions set out as a note under section 162a of this title . For complete classification of this Act to the Code, see Tables.
Public Law 93–134,
referred to in subsec. (b)(1)(F), is
Oct. 19, 1973, 87 Stat. 466 , as amended, known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (§1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT!@!Sec. 1777d -->
The boundaries of the Santo Domingo Pueblo Grant, as determined by the 1907 Hall-Joy Survey, confirmed in the Report of the Pueblo Lands Board, dated December 28, 1927, are hereby declared to be the current boundaries of the Grant and any lands currently owned by or on behalf of the Pueblo within such boundaries, or any lands hereinafter acquired by the Pueblo within the Grant in fee simple absolute, shall be considered to be Indian country within the meaning of section 1151 of title 18 .
Any lands or interests in lands within the Santo Domingo Pueblo Grant, that are not owned or acquired by the Pueblo, shall not be treated as Indian country within the meaning of section 1151 of title 18 .
Any Federal lands acquired by the Pueblo pursuant to section 1777c(c)(1) of this title shall be held in trust by the Secretary for the benefit of the Pueblo, and shall be treated as Indian country within the meaning of section 1151 of title 18 .
Any lands acquired by the Pueblo pursuant to section 1777c(c) of this title , or with funds subject to section 1777c(b) of this title , shall be subject to the provisions of section 17 of the Act of June 7, 1924 ( 43 Stat. 641 ; commonly referred to as the Pueblo Lands Act).
Nothing in this subchapter or in the Settlement Agreement shall be construed to—
(1) cloud title to federally administered lands or non-Indian or other Indian lands, with regard to claims of title which are extinguished pursuant to section 1777c of this title ; or
(2) affect actions taken prior to November 1, 2000, to manage federally administered lands within the boundaries of the Santo Domingo Pueblo Grant.
Act of June 7, 1924, referred to in subsec. (d), is act June 7, 1924, ch. 331, 43 Stat. 636 , as amended, known as the Pueblo Lands Act of 1924, which is set out as a note under section 331 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XI-SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT!@!Sec. 1777e -->
Not later than 2 years after November 1, 2000, the Secretary shall acquire by exchange the State of New Mexico trust lands located in township 16 north, range 4 east, section 2, and all interests therein, including improvements, mineral rights and water rights.
In acquiring lands by exchange under paragraph (1), the Secretary may utilize unappropriated public lands within the State of New Mexico.
The lands exchanged under this subsection shall be of approximately equal value, and the Secretary may credit or debit the ledger account established in the Memorandum of Understanding between the Bureau of Land Management, the New Mexico State Land Office, and the New Mexico Commissioner of Public Lands, in order to equalize the values of the lands exchanged.
Upon the acquisition of lands under paragraph (1), the Secretary shall convey all title and interest to such lands to the Pueblo by sale, exchange or otherwise, and the Pueblo shall have the exclusive right to acquire such lands.
Upon the acquisition of lands under subparagraph (A), the Pueblo may convey such land to the Secretary who shall accept and hold such lands in trust for the benefit of the Pueblo.
In order to further the purposes of this subchapter—
(A) the Pueblo may enter into agreements to exchange restricted lands for lands described in paragraph (2); and
(B) any land exchange agreements between the Pueblo and any of the parties to the action referred to in paragraph (2) that are executed not later than December 31, 2001, shall be deemed to be approved.
The land described in this paragraph is the land, title to which was at issue in Pueblo of Santo Domingo v. Rael (Civil No. 83–1888 (D.N.M.)).
Upon the acquisition of lands under paragraph (1), the Pueblo may convey such land to the Secretary who shall accept and hold such lands in trust for the benefit of the Pueblo.
Nothing in this subsection shall be construed to limit the provisions of section 1777c(a) of this title relating to the extinguishment of the land claims of the Pueblo.
All agreements, transactions, and conveyances authorized by Resolutions 97–010 and C22–99 as enacted by the Tribal Council of the Pueblo de Cochiti, and Resolution S.D. 12–99–36 as enacted by the Tribal Council of the Pueblo of Santo Domingo, pertaining to boundary disputes between the Pueblo de Cochiti and the Pueblo of Santo Domingo, are hereby approved, including the Pueblo de Cochiti's agreement to relinquish its claim to the southwest corner of its Spanish Land Grant, to the extent that such land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any right to receive compensation from the United States or any other party with respect to such overlapping lands.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778 -->
The Congress finds the following:
(1) In 1876, the Torres-Martinez Indian Reservation was created, reserving a single, 640-acre section of land in the Coachella Valley, California, north of the Salton Sink. The Reservation was expanded in 1891 by Executive order, pursuant to the Mission Indian Relief Act of 1891, adding about 12,000 acres to the original 640-acre reservation.
(2) Between 1905 and 1907, flood waters of the Colorado River filled the Salton Sink, creating the Salton Sea, inundating approximately 2,000 acres of the 1891 reservation lands.
(3) In 1909, an additional 12,000 acres of land, 9,000 of which were then submerged under the Salton Sea, were added to the reservation under a Secretarial Order issued pursuant to a 1907 amendment of the Mission Indian Relief Act. Due to receding water levels in the Salton Sea through the process of evaporation, at the time of the 1909 enlargement of the reservation, there were some expectations that the Salton Sea would recede within a period of 25 years.
(4) Through the present day, the majority of the lands added to the reservation in 1909 remain inundated due in part to the flowage of natural runoff and drainage water from the irrigation systems of the Imperial, Coachella, and Mexicali Valleys into the Salton Sea.
(5) In addition to those lands that are inundated, there are also tribal and individual Indian lands located on the perimeter of the Salton Sea that are not currently irrigable due to lack of proper drainage.
(6) In 1982, the United States brought an action in trespass entitled "United States of America, in its own right and on behalf of Torres-Martinez Band of Mission Indians and the Allottees therein v. the Imperial Irrigation District and Coachella Valley Water District", Case No. 82–1790 K (M) (hereafter in this section referred to as the "U.S. Suit") on behalf of the Torres-Martinez Indian Tribe and affected Indian allottees against the two water districts seeking damages related to the inundation of tribal- and allottee-owned lands and injunctive relief to prevent future discharge of water on such lands.
(7) On August 20, 1992, the Federal District Court for the Southern District of California entered a judgment in the U.S. Suit requiring the Coachella Valley Water District to pay $212,908.41 in past and future damages and the Imperial Irrigation District to pay $2,795,694.33 in past and future damages in lieu of the United States request for a permanent injunction against continued flooding of the submerged lands.
(8) The United States, the Coachella Valley Water District, and the Imperial Irrigation District have filed notices of appeal with the United States Court of Appeals for the Ninth Circuit from the district court's judgment in the U.S. Suit (Nos. 93–55389, 93–55398, and 93–55402), and the Tribe has filed a notice of appeal from the district court's denial of its motion to intervene as a matter of right (No. 92–55129).
(9) The Court of Appeals for the Ninth Circuit has stayed further action on the appeals pending the outcome of settlement negotiations.
(10) In 1991, the Tribe brought its own lawsuit, Torres-Martinez Desert Cahuilla Indians, et al., v. Imperial Irrigation District, et al., Case No. 91–1670 J (LSP) (hereafter in this section referred to as the "Indian Suit") in the United States District Court, Southern District of California, against the two water districts, and amended the complaint to include as a plaintiff, Mary Resvaloso, in her own right, and as class representative of all other affected Indian allotment owners.
(11) The Indian Suit has been stayed by the district court to facilitate settlement negotiations.
The purpose of this subchapter is to facilitate and implement the settlement agreement negotiated and executed by the parties to the U.S. Suit and Indian Suit for the purpose of resolving their conflicting claims to their mutual satisfaction and in the public interest.
The Mission Indian Relief Act of 1891 and the Mission Indian Relief Act, referred to in subsec. (a)(1) and (3), means act Jan. 12, 1891, ch. 65, 26 Stat. 712 , as amended, which is not classified to the Code.
"(a) In General .—Except as provided by subsection (b), this title [see Short Title note below] shall take effect on the date of the enactment of this Act [Dec. 27, 2000].
"(b) Exception .—Sections 4, 5, 6, 7, and 8 [probably means sections 604 to 608 of title VI of
which are classified to sections 1778b to 1778f of this title ] shall take effect on the date on which the Secretary determines the following conditions have been met:
"(1) The Tribe agrees to the Settlement Agreement and the provisions of this title and executes the releases and waivers required by the Settlement Agreement and this title.
"(2) The Coachella Valley Water District agrees to the Settlement Agreement and to the provisions of this title.
"(3) The Imperial Irrigation District agrees to the Settlement Agreement and to the provisions of this title."
title VI, §601, Dec. 27, 2000, 114 Stat. 2906 , provided that: "This title [enacting this subchapter and provisions set out as a note above] may be cited as the 'Torres-Martinez Desert Cahuilla Indians Claims Settlement Act'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778a -->
For the purposes of this subchapter:
The term "Tribe" means the Torres-Martinez Desert Cahuilla Indians, a federally recognized Indian tribe with a reservation located in Riverside and Imperial Counties, California.
The term "allottees" means those individual Tribe members, their successors, heirs, and assigns, who have individual ownership of allotted Indian trust lands within the Torres-Martinez Indian Reservation.
The term "Salton Sea" means the inland body of water located in Riverside and Imperial Counties which serves as a drainage reservoir for water from precipitation, natural runoff, irrigation return flows, wastewater, floods, and other inflow from within its watershed area.
The term "Settlement Agreement" means the Agreement of Compromise and Settlement Concerning Claims to the Lands of the United States Within and on the Perimeter of the Salton Sea Drainage Reservoir Held in Trust for the Torres-Martinez Indians executed on June 18, 1996, as modified by the first, second, third, and fourth modifications thereto.
The term "Secretary" means the Secretary of the Interior.
The term "permanent flowage easement" means the perpetual right by the water districts to use the described lands in the Salton Sink within and below the minus 220-foot contour as a drainage reservoir to receive and store water from their respective water and drainage systems, including flood water, return flows from irrigation, tail water, leach water, operational spills, and any other water which overflows and floods such lands, originating from lands within such water districts.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778b -->
The United States hereby approves, ratifies, and confirms the Settlement Agreement.
Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of
have been met, see section 611(b) of
set out as a note under section 1778 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778c -->
There are established in the Treasury of the United States three settlement trust fund accounts to be known as the "Torres-Martinez Settlement Trust Funds Account", the "Torres-Martinez Allottees Settlement Account I", and the "Torres-Martinez Allottees Settlement Account II", respectively.
Amounts held in the Torres-Martinez Settlement Trust Funds Account, the Torres-Martinez Allottees Settlement Account I, and the Torres-Martinez Allottees Settlement Account II shall be available to the Secretary for distribution to the Tribe and affected allottees in accordance with subsection (c) of this section.
Amounts paid to the Secretary for deposit into the trust fund accounts established by subsection (a) of this section shall be allocated among and deposited in the trust accounts in the amounts determined by the tribal-allottee allocation provisions of the Settlement Agreement.
Within the time, in the manner, and upon the conditions specified in the Settlement Agreement, the Coachella Valley Water District shall pay the sum of $337,908.41 to the United States for the benefit of the Tribe and any affected allottees.
Within the time, in the manner, and upon the conditions specified in the Settlement Agreement, the Imperial Irrigation District shall pay the sum of $3,670,694.33 to the United States for the benefit of the Tribe and any affected allottees.
Within the time and upon the conditions specified in the Settlement Agreement, the United States shall pay into the three separate tribal and allottee trust fund accounts the total sum of $10,200,000, of which sum—
(A) $4,200,000 shall be provided from moneys appropriated by Congress under section 1304 of title 31 , the conditions of which are deemed to have been met, including those of section 2414 of title 28 ; and
(B) $6,000,000 shall be provided from moneys appropriated by Congress for this specific purpose to the Secretary.
In the event that any of the sums described in paragraph (2) or (3) are not timely paid by the Coachella Valley Water District or the Imperial Irrigation District, as the case may be, the delinquent payor shall pay an additional sum equal to 10 percent interest annually on the amount outstanding daily, compounded yearly on December 31 of each respective year, until all outstanding amounts due have been paid in full.
The Coachella Valley Water District, the Imperial Irrigation District, and the United States shall each be severally liable, but not jointly liable, for its respective obligation to make the payments specified by this subsection.
The Secretary shall administer and distribute funds held in the Torres-Martinez Settlement Trust Funds Account, the Torres-Martinez Allottees Settlement Account I, and the Torres-Martinez Allottees Settlement Account II in accordance with the terms and conditions of the Settlement Agreement.
Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of
have been met, see section 611(b) of
set out as a note under section 1778 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778d -->
The Secretary shall convey into trust status lands purchased or otherwise acquired by the Tribe within the areas described in paragraphs (2) and (3) in an amount not to exceed 11,800 acres in accordance with the terms, conditions, criteria, and procedures set forth in the Settlement Agreement and this subchapter. Subject to such terms, conditions, criteria, and procedures, all lands purchased or otherwise acquired by the Tribe and conveyed into trust status for the benefit of the Tribe pursuant to the Settlement Agreement and this subchapter shall be considered as if such lands were so acquired in trust status in 1909 except as: (i) to water rights as provided in subsection (c) of this section; and (ii) to valid rights existing at the time of acquisition pursuant to this subchapter.
The primary area within which lands may be acquired pursuant to paragraph (1) consists of the lands located in the Primary Acquisition Area, as defined in the Settlement Agreement. The amount of acreage that may be acquired from such area is 11,800 acres less the number of acres acquired and conveyed into trust under paragraph (3).
Lands referred to in subparagraph (A) may not be acquired pursuant to paragraph (1) if by majority vote the governing body of the city within whose incorporated boundaries (as such boundaries exist on the date of the Settlement Agreement) the subject lands are situated within formally objects to the Tribe's request to convey the subject lands into trust and notifies the Secretary of such objection in writing within 60 days of receiving a copy of the Tribe's request in accordance with the Settlement Agreement. Upon receipt of such a notification, the Secretary shall deny the acquisition request.
Not more than 640 acres of land may be acquired pursuant to paragraph (1) from those certain lands located in the Secondary Acquisition Area, as defined in the Settlement Agreement.
Lands referred to in subparagraph (A) may not be acquired pursuant to paragraph (1) if by majority vote—
(i) the governing body of the city within whose incorporated boundaries (as such boundaries exist on the date of the Settlement Agreement) the subject lands are situated within; or
(ii) the governing body of Riverside County, California, in the event that such lands are located within an unincorporated area,
formally objects to the Tribe's request to convey the subject lands into trust and notifies the Secretary of such objection in writing within 60 days of receiving a copy of the Tribe's request in accordance with the Settlement Agreement. Upon receipt of such a notification, the Secretary shall deny the acquisition request.
The Secretary shall not take any lands into trust for the Tribe under generally applicable Federal statutes or regulations where such lands are both—
(A) contiguous to any lands within the Secondary Acquisition Area that are taken into trust pursuant to the terms of the Settlement Agreement and this subchapter; and
(B) situated outside the Secondary Acquisition Area.
The Tribe may conduct gaming on only one site within the lands acquired pursuant to subsection 6(a)(1) 1 as more particularly provided in the Settlement Agreement.
All lands acquired by the Tribe under subsection (a) of this section shall—
(1) be subject to all valid water rights existing at the time of tribal acquisition, including (but not limited to) all rights under any permit or license issued under the laws of the State of California to commence an appropriation of water, to appropriate water, or to increase the amount of water appropriated;
(2) be subject to the paramount rights of any person who at any time recharges or stores water in a ground water basin to recapture or recover the recharged or stored water or to authorize others to recapture or recover the recharged or stored water; and
(3) continue to enjoy all valid water rights appurtenant to the land existing immediately prior to the time of tribal acquisition.
Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of
have been met, see section 611(b) of
set out as a note under section 1778 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778e -->
The United States, in its capacity as trustee for the Tribe, as well as for any affected Indian allotment owners, and their successors and assigns, and the Tribe in its own right and that of its successors and assigns, shall convey to the Coachella Valley Water District a permanent flowage easement as to all Indian trust lands (approximately 11,800 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
The United States, in its own right shall, notwithstanding any prior or present reservation or withdrawal of land of any kind, convey to the Coachella Valley Water District a permanent flowage easement as to all Federal lands (approximately 110,000 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
The United States, in its capacity as trustee for the Tribe, as well as for any affected Indian allotment owners, and their successors and assigns, and the Tribe in its own right and that of its successors and assigns, shall grant and convey to the Imperial Irrigation District a permanent flowage easement as to all Indian trust lands (approximately 11,800 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
The United States, in its own right shall, notwithstanding any prior or present reservation or withdrawal of land of any kind, grant and convey to the Imperial Irrigation District a permanent flowage easement as to all Federal lands (approximately 110,000 acres) located within and below the minus 220-foot contour of the Salton Sink, in accordance with the terms and conditions of the Settlement Agreement.
Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of
have been met, see section 611(b) of
set out as a note under section 1778 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778f -->
The benefits available to the Tribe and the allottees under the terms and conditions of the Settlement Agreement and the provisions of this subchapter shall constitute full and complete satisfaction of the claims by the Tribe and the allottees arising from or related to the inundation and lack of drainage of tribal and allottee lands described in section 1778 of this title and further defined in the Settlement Agreement.
The United States hereby approves and confirms the releases and waivers required by the Settlement Agreement and this subchapter.
Section effective on date on which the Secretary determines that certain conditions with respect to the Settlement Agreement and provisions of title VI of
have been met, see section 611(b) of
set out as a note under section 1778 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778g -->
Nothing in this subchapter or the Settlement Agreement shall affect the eligibility of the Tribe or its members for any Federal program or diminish the trust responsibility of the United States to the Tribe and its members.
No payment pursuant to this subchapter shall result in the reduction or denial of any Federal services or programs to the Tribe or to members of the Tribe, to which they are entitled or eligible because of their status as a federally recognized Indian tribe or member of the Tribe.
Except as provided in this subchapter or the Settlement Agreement, any right to which the Tribe is entitled under existing law shall not be affected or diminished.
The Settlement Agreement may be amended from time to time in accordance with its terms and conditions to the extent that such amendments are not inconsistent with the trust land acquisition provisions of the Settlement Agreement, as such provisions existed on—
(1) December 27, 2000, in the case of Modifications One and Three; and
(2) September 14, 2000, in the case of Modification Four.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XII-TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT!@!Sec. 1778h -->
There are authorized to be appropriated such sums as are necessary to carry out this subchapter.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779 -->
The Congress finds the following:
(1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to encourage the resolution of disputes over historical claims through mutually agreed-to settlements between Indian Nations and the United States.
(2) There are pending before the United States Court of Federal Claims certain lawsuits against the United States brought by the Cherokee, Choctaw, and Chickasaw Nations seeking monetary damages for the alleged use and mismanagement of tribal resources along the Arkansas River in eastern Oklahoma.
(3) The Cherokee Nation, a federally recognized Indian tribe with its present tribal headquarters south of Tahlequah, Oklahoma, having adopted its most recent constitution on June 26, 1976, and having entered into various treaties with the United States, including but not limited to the Treaty at Hopewell, executed on November 28, 1785 ( 7 Stat. 18 ), and the Treaty at Washington, D.C., executed on July 19, 1866 ( 14 Stat. 799 ), has maintained a continuous government-to-government relationship with the United States since the earliest years of the Union.
(4) The Choctaw Nation, a federally recognized Indian tribe with its present tribal headquarters in Durant, Oklahoma, having adopted its most recent constitution on July 9, 1983, and having entered into various treaties with the United States of America, including but not limited to the Treaty at Hopewell, executed on January 3, 1786 ( 7 Stat. 21 ), and the Treaty at Washington, D.C., executed on April 28, 1866 ( 7 Stat. 21 ), 1 has maintained a continuous government-to-government relationship with the United States since the earliest years of the Union.
(5) The Chickasaw Nation, a federally recognized Indian tribe with its present tribal headquarters in Ada, Oklahoma, having adopted its most recent constitution on August 27, 1983, and having entered into various treaties with the United States of America, including but not limited to the Treaty at Hopewell, executed on January 10, 1786 ( 7 Stat. 24 ), and the Treaty at Washington, D.C., executed on April 28, 1866 ( 7 Stat. 21 ), 1 has maintained a continuous government-to-government relationship with the United States since the earliest years of the Union.
(6) In the first half of the 19th century, the Cherokee, Choctaw, and Chickasaw Nations were forcibly removed from their homelands in the southeastern United States to lands west of the Mississippi in the Indian Territory that were ceded to them by the United States. From the "Three Forks" area near present day Muskogee, Oklahoma, downstream to the point of confluence with the Canadian River, the Arkansas River flowed entirely within the territory of the Cherokee Nation. From that point of confluence downstream to the Arkansas territorial line, the Arkansas River formed the boundary between the Cherokee Nation on the left side of the thread of the river and the Choctaw and Chickasaw Nations on the right.
(7) Pursuant to the Act of April 30, 1906 ( 34 Stat. 137 ), 2 tribal property not allotted to individuals or otherwise disposed of, including the bed and banks of the Arkansas River, passed to the United States in trust for the use and benefit of the respective Indian Nations in accordance with their respective interests therein.
(8) For more than 60 years after Oklahoma statehood, the Bureau of Indian Affairs believed that Oklahoma owned the Riverbed from the Arkansas State line to Three Forks, and therefore took no action to protect the Indian Nations' Riverbed resources such as oil, gas, and Drybed Lands suitable for grazing and agriculture.
(9) Third parties with property near the Arkansas River began to occupy the Indian Nations' Drybed Lands—lands that were under water at the time of statehood but that are now dry due to changes in the course of the river.
(10) In 1966, the Indian Nations sued the State of Oklahoma to recover their lands. In 1970, the Supreme Court of the United States decided in the case of Choctaw Nation vs. Oklahoma (396 U.S. 620), 3 that the Indian Nations retained title to their respective portions of the Riverbed along the navigable reach of the river.
(11) In 1987, the Supreme Court of the United States in the case of United States vs. Cherokee Nation (480 U.S. 700) decided that the riverbed lands did not gain an exemption from the Federal Government's navigational servitude and that the Cherokee Nation had no right to compensation for damage to its interest by exercise of the Government's servitude.
(12) In 1989, the Indian Nations filed lawsuits against the United States in the United States Court of Federal Claims (Case Nos. 218–89L and 630–89L), seeking damages for the United States' use and mismanagement of tribal trust resources along the Arkansas River. Those actions are still pending.
(13) In 1997, the United States filed quiet title litigation against individuals occupying some of the Indian Nations' Drybed Lands. That action, filed in the United States District Court for the Eastern District of Oklahoma, was dismissed without prejudice on technical grounds.
(14) Much of the Indian Nations' Drybed Lands have been occupied by a large number of adjacent landowners in Oklahoma. Without Federal legislation, further litigation against thousands of such landowners would be likely and any final resolution of disputes would take many years and entail great expense to the United States, the Indian Nations, and the individuals and entities occupying the Drybed Lands and would seriously impair long-term economic planning and development for all parties.
(15) The Councils of the Cherokee and Choctaw Nations and the Legislature of the Chickasaw Nation have each enacted tribal resolutions which would, contingent upon the passage of this subchapter and the satisfaction of its terms and in exchange for the moneys appropriated hereunder—
(A) settle and forever release their respective claims against the United States asserted by them in United States Court of Federal Claims Case Nos. 218–89L and 630–89L; and
(B) forever disclaim any and all right, title, and interest in and to the Disclaimed Drybed Lands, as set forth in those enactments of the respective councils of the Indian Nations.
(16) The resolutions adopted by the respective Councils of the Cherokee, Choctaw, and Chickasaw Nations each provide that, contingent upon the passage of the settlement legislation and satisfaction of its terms, each Indian Nation agrees to dismiss, release, and forever discharge its claims asserted against the United States in the United States Court of Federal Claims, Case Nos. 218–89L and 630–89L, and to forever disclaim any right, title, or interest of the Indian Nation in the Disclaimed Drybed Lands, in exchange for the funds appropriated and allocated to the Indian Nation under the provisions of the settlement legislation, which funds the Indian Nation agrees to accept in full satisfaction and settlement of all claims against the United States for the damages sought in the aforementioned claims asserted in the United States Court of Federal Claims, and as full and fair compensation for disclaiming its right, title, and interest in the Disclaimed Drybed Lands.
(17) In those resolutions, each Indian Nation expressly reserved all of its beneficial interest and title to all other Riverbed lands, including minerals, as determined by the Supreme Court in Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970), and further reserved any and all right, title, or interest that each Nation may have in and to the water flowing in the Arkansas River and its tributaries.
The Act of April 30, 1906 ( 34 Stat. 137 ), referred to in par. (7), probably means the Act of April 26, 1906, ch. 1876, 34 Stat. 137 , which was classified in part as a note under section 355 of this title .
title VI, §601, Dec. 13, 2002, 116 Stat. 2845 , provided that: "This title [enacting this subchapter] may be cited as the 'Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779a -->
The purposes of this subchapter are to resolve all claims that have been or could have been brought by the Cherokee, Choctaw, and Chickasaw Nations against the United States, and to confirm that the Indian Nations are forever disclaiming any right, title, or interest in the Disclaimed Drybed Lands, which are contiguous to the channel of the Arkansas River as of December 13, 2002, in certain townships in eastern Oklahoma.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779b -->
For the purposes of this subchapter, the following definitions apply:
The term "Disclaimed Drybed Lands" means all Drybed Lands along the Arkansas River that are located in Township 10 North in Range 24 East, Townships 9 and 10 North in Range 25 East, Township 10 North in Range 26 East, and Townships 10 and 11 North in Range 27 East, in the State of Oklahoma.
The term "Drybed Lands" means those lands which, on December 13, 2002, lie above and contiguous to the mean high water mark of the Arkansas River in the State of Oklahoma. The term "Drybed Lands" is intended to have the same meaning as the term "Upland Claim Area" as used by the Bureau of Land Management Cadastral Survey Geographic Team in its preliminary survey of the Arkansas River. The term "Drybed Lands" includes any lands so identified in the "Holway study."
The term "Indian Nation" means the Cherokee Nation, Choctaw Nation, or Chickasaw Nation, and the term "Indian Nations" means all 3 tribes collectively.
The term "Riverbed" means the Drybed Lands and the Wetbed Lands and includes all minerals therein.
The term "Secretary" means the Secretary of the Interior.
The term "Wetbed Lands" means those Riverbed lands which lie below the mean high water mark of the Arkansas River in the State of Oklahoma as of December 13, 2002, exclusive of the Drybed Lands. The term "Wetbed Lands" is intended to have the same meaning as the term "Present Channel Claim Areas" as utilized by the Bureau of Land Management Cadastral Survey Geographic Team in its preliminary survey of the Arkansas River.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779c -->
Pursuant to their respective tribal resolutions, and in exchange for the benefits conferred under this subchapter, the Indian Nations shall, on December 13, 2002, enter into a consent decree with the United States that waives, releases, and dismisses all the claims they have asserted or could have asserted in their cases numbered 218–89L and 630–89L pending in the United States Court of Federal Claims against the United States, including but not limited to claims arising out of any and all of the Indian Nations' interests in the Disclaimed Drybed Lands and arising out of construction, maintenance and operation of the McClellan-Kerr Navigation Way. The Indian Nations and the United States shall lodge the consent decree with the Court of Federal Claims within 30 days of December 13, 2002, and shall move for entry of the consent decree at such time as all appropriations by Congress pursuant to the authority of this subchapter have been made and deposited into the appropriate tribal trust fund account of the Indian Nations as described in section 1779d of this title . Upon entry of the consent decree, all the Indian Nations' claims and all their past, present, and future right, title, and interest to the Disclaimed Drybed Lands, shall be deemed extinguished. No claims may be asserted in the future against the United States pursuant to sections 1491, 1346(a)(2), or 1505 of title 28 for actions taken or failed to have been taken by the United States for events occurring prior to the date of the extinguishment of claims with respect to the Riverbed.
Upon the deposit of all funds authorized for appropriation under subsection (c) of this section for an Indian Nation into the appropriate trust fund account described in section 1779d of this title —
(A) all claims now existing or which may arise in the future with respect to the Disclaimed Drybed Lands and all right, title, and interest that the Indian Nations and the United States as trustee on behalf of the Indian Nation may have to the Disclaimed Drybed Lands, shall be deemed extinguished;
(B) any interest of the Indian Nations or the United States as trustee on their behalf in the Disclaimed Drybed Lands shall further be extinguished pursuant to the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137 ), and all subsequent amendments thereto (as codified at 25 U.S.C. 177 );
(C) to the extent parties other than the Indian Nations have transferred interests in the Disclaimed Drybed Lands in violation of the Trade and Intercourse Act, Congress does hereby approve and ratify such transfers of interests in the Disclaimed Drybed Lands to the extent that such transfers otherwise are valid under law; and
(D) the Secretary is authorized to execute an appropriate document citing this subchapter, suitable for filing with the county clerks, or such other county official as appropriate, of those counties wherein the foregoing described lands are located, disclaiming any tribal or Federal interest on behalf of the Indian Nations in such Disclaimed Drybed Lands. The Secretary is authorized to file with the counties a plat or map of the disclaimed lands should the Secretary determine that such filing will clarify the extent of lands disclaimed. Such a plat or map may be filed regardless of whether the map or plat has been previously approved for filing, whether or not the map or plat has been filed, and regardless of whether the map or plat constitutes a final determination by the Secretary of the extent of the Indian Nations' original claim to the Disclaimed Drybed Lands. The disclaimer filed by the United States shall constitute a disclaimer of the Disclaimed Drybed Lands for purposes of the Trade and Intercourse Act ( 25 U.S.C. 177 ).
Notwithstanding any provision of this subchapter—
(A) the Indian Nations do not relinquish any right, title, or interest in any lands which constitute the Wetbed Lands subject to the navigational servitude exercised by the United States on the Wetbed Lands. By virtue of the exercise of the navigational servitude, the United States shall not be liable to the Indian Nations for any loss they may have related to the minerals in the Wetbed Lands;
(B) no provision of this subchapter shall be construed to extinguish or convey any water rights of the Indian Nations in the Arkansas River or any other stream or the beneficial interests or title of any of the Indian Nations in and to lands held in trust by the United States on December 13, 2002, which lie above or below the mean high water mark of the Arkansas River, except for the Disclaimed Drybed Lands; and
(C) the Indian Nations do not relinquish any right, title, or interest in any lands or minerals of certain unallotted tracts which are identified in the official records of the Eastern Oklahoma Regional Office, Bureau of Indian Affairs. The disclaimer to be filed by the Secretary of the Interior under subsection (b)(1) of this section shall reflect the legal description of the unallotted tracts retained by the Nations.
In the event the Court of Federal Claims does not enter the consent decree as set forth in subsection (a) of this section, the United States shall be entitled to setoff against any claims of the Indian Nations as set forth in subsection (a) of this section, any funds transferred to the Indian Nations pursuant to section 1779d of this title , and any interest accrued thereon up to the date of setoff.
Notwithstanding any other provision of law, neither the United States nor any department of the United States nor the Indian Nations shall be made parties to any quiet title lawsuit or other lawsuit to determine ownership of or an interest in the Disclaimed Drybed Lands initiated by any private person or private entity after execution of the disclaimer set out in subsection (b)(1) of this section. The United States will have no obligation to undertake any future quiet title actions or actions for the recovery of lands or funds relating to any Drybed Lands retained by the Indian Nation or Indian Nations under this subchapter, including any lands which are Wetbed Lands on December 13, 2002, but which subsequently lie above the mean high water mark of the Arkansas River and the failure or declination to initiate any quiet title action or to manage any such Drybed Lands shall not constitute a breach of trust by the United States or be compensable to the Indian Nation or Indian Nations in any manner.
To the extent that the United States determines that it is able to effectively maintain the McClellan-Kerr Navigation Way without retaining title to lands above the high water mark of the Arkansas River as of December 13, 2002, said lands, after being declared surplus, shall be conveyed in fee to the Indian Nation within whose boundary the land is located. The United States shall not be obligated to accept such property in trust.
There is authorized to be appropriated an aggregate sum of $40,000,000 as follows:
(1) $10,000,000 for fiscal year 2004.
(2) $10,000,000 for fiscal year 2005.
(3) $10,000,000 for fiscal year 2006.
(4) $10,000,000 for fiscal year 2007.
After payment pursuant to section 1779e of this title , the remaining funds authorized for appropriation under subsection (c) of this section shall be allocated among the Indian Nations as follows:
(1) 50 percent to be deposited into the trust fund account established under section 1779d of this title for the Cherokee Nation.
(2) 37.5 percent to be deposited into the trust fund account established under section 1779d of this title for the Choctaw Nation.
(3) 12.5 percent to be deposited into the trust fund account established under section 1779d of this title for the Chickasaw Nation.
The Trade and Intercourse Act, referred to in subsec. (b)(1)(B) to (D), is not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779d -->
There are hereby established in the United States Treasury 3 separate tribal trust fund accounts for the benefit of each of the Indian Nations, respectively, for the purpose of receiving all appropriations made pursuant to section 1779c(c) of this title , and allocated pursuant to section 1779c(d) of this title .
Amounts in the tribal trust fund accounts established by this section shall be available to the Secretary for management and investment on behalf of the Indian Nations and distribution to the Indian Nations in accordance with this subchapter. Funds made available from the tribal trust funds under this section shall be available without fiscal year limitation.
The funds appropriated and allocated to the Indian Nations pursuant to section 1779c(c) and (d) 1 of this title, and deposited into trust fund accounts pursuant to subsection (a) of this section, together with any interest earned thereon, may be used for the acquisition of land by the Indian Nations. The Secretary may accept such lands into trust for the beneficiary Indian Nation pursuant to the authority provided in section 465 of this title and in accordance with the Secretary's trust land acquisition regulations at part 151 of title 25, Code of Federal Regulations, in effect at the time of the acquisition, except for those acquisitions covered by paragraph (1)(B).
Any such trust land acquisitions on behalf of the Cherokee Nation shall be mandatory if the land proposed to be acquired is located within Township 12 North, Range 21 East, in Sequoyah County, Township 11 North, Range 18 East, in McIntosh County, Townships 11 and 12 North, Range 19 East, or Township 12 North, Range 20 East, in Muskogee County, Oklahoma, and not within the limits of any incorporated municipality as of January 1, 2002, if—
(i) the land proposed to be acquired meets the Department of the Interior's minimum environmental standards and requirements for real estate acquisitions set forth in 602 DM 2.6, or any similar successor standards or requirements for real estate acquisitions in effect on the date of acquisition; and
(ii) the title to such land meets applicable Federal title standards in effect on the date of the acquisition.
The Indian Nations may elect to expend all or a portion of the funds deposited into its trust account for any other purposes authorized under paragraph (2).
No money received by the Indian Nations hereunder may be used for any per capita payment.
Except as provided in this section and section 1779e of this title , the principal of such funds deposited into the accounts established hereunder and any interest earned thereon shall be invested by the Secretary in accordance with current laws and regulations for the investing of tribal trust funds.
The principal amounts of said funds and any amounts earned thereon shall be made available to the Indian Nation for which the account was established for expenditure for purposes which may include construction or repair of health care facilities, law enforcement, cultural or other educational activities, economic development, social services, and land acquisition. Land acquisition using such funds shall be subject to the provisions of subsections (b) and (d). 2
The Secretary shall disburse the funds from a trust account established under this section pursuant to a budget adopted by the Council or Legislature of the Indian Nation setting forth the amount and an intended use of such funds.
None of the funds made available under this subchapter may be allocated or otherwise assigned to authorized purposes of the Arkansas River Multipurpose Project as authorized by the River and Harbor Act of 1946, 1 as amended by the Flood Control Act of 1948 and the Flood Control Act of 1950.
Section 1779c(c) and (d) of this title, referred to in subsec. (b)(1)(A), was in the original "sections 205(c) and (d)" and was translated as reading "section 605(c) and (d)", meaning section 605(c) and (d) of
to reflect the probable intent of Congress.
The River and Harbor Act of 1946, as amended by the Flood Control Act of 1948 and the Flood Control Act of 1950, referred to in subsec. (b)(4), probably means the act July 24, 1946, ch. 596, 60 Stat. 641 , known as the Flood Control Act of 1946, as amended by act June 30, 1948, ch. 771, title II, 62 Stat. 1175 , and act May 17, 1950, ch. 188, title II, 64 Stat. 170 . For complete classification of these acts to the Code, see Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779e -->
At the time the funds are paid to the Indian Nations, from funds authorized to be appropriated pursuant to section 1779c(c) of this title , the Secretary shall pay to the Indian Nations' attorneys those fees provided for in the individual tribal attorney fee contracts as approved by the respective Indian Nations.
Notwithstanding subsection (a) of this section, the total fees payable to attorneys under such contracts with an Indian Nation shall not exceed 10 percent of that Indian Nation's allocation of funds appropriated under section 1779c(c) of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@! Sec. 1779f -->
As of December 13, 2002—
(A) all right, title, and interest of any Indian nation or tribe other than any Indian Nation defined in section 1779b of this title (referred to in this section and section 1779g of this title as a "claimant tribe") in or to the Disclaimed Drybed Lands, and any such right, title, or interest held by the United States on behalf of such a claimant tribe, shall be considered to be extinguished in accordance with section 177 of title 25 ;
(B) if any party other than a claimant tribe holds transferred interests in or to the Disclaimed Drybed Lands in violation of section 177 of title 25 , Congress approves and ratifies those transfers of interests to the extent that the transfers are in accordance with other applicable law; and
(C) the documents described in section 1779c(b)(1)(D) of this title shall serve to identify the geographic scope of the interests extinguished by subparagraph (A).
Notwithstanding any other provision of law, after December 13, 2002, neither the United States (or any department or agency of the United States) nor any Indian Nation shall be included as a party to any civil action brought by any private person or private entity to quiet title to, or determine ownership of an interest in or to, the Disclaimed Drybed Lands.
As of December 13, 2002, the United States shall have no obligation to bring any civil action to quiet title to, or to recover any land or funds relating to, the Drybed Lands (including any lands that are Wetbed Lands as of December 13, 2002, but that are located at any time after that date above the mean high water mark of the Arkansas River).
The failure or declination by the United States to initiate any civil action to quiet title to or manage any Drybed Lands under this paragraph shall not—
(i) constitute a breach of trust by the United States; or
(ii) be compensable to a claimant tribe in any manner.
Not later than 180 days after December 13, 2002, any claimant tribe that claims that any title, interest, or entitlement held by the claimant tribe has been extinguished by operation of section 1779c(a) of this title or subsection (a) of this section may file a claim against the United States relating to the extinguishment in the United States Court of Federal Claims.
After the date described in subparagraph (A), a claimant tribe described in that subparagraph shall be barred from filing any claim described in that subparagraph.
There is established in the Treasury, in addition to the accounts established by section 1779d(a) of this title , an interest-bearing special holding account for the benefit of the Indian Nations.
Notwithstanding any other provision of this subchapter or any other law, of any funds that would otherwise be deposited in a tribal trust account established by section 1779d(a) of this title , 10 percent shall—
(i) be deposited in the special holding account established by subparagraph (A); and
(ii) be held in that account for distribution under paragraph (3).
Funds deposited in the special holding account established by paragraph (2)(A) shall be distributed in accordance with subparagraphs (B) through (D).
If a claim under paragraph (1)(A) is filed by the deadline specified in that paragraph, on final adjudication of that claim—
(i) if the final judgment awards to a claimant an amount that does not exceed the amount of funds in the special holding account under paragraph (2) attributable to the Indian Nation from the allocation of which under section 1779c(d) of this title the funds in the special holding account are derived—
(I) that amount shall be distributed from the special holding account to the claimant tribe that filed the claim; and
(II) any remaining amount in the special holding account attributable to the claim shall be transferred to the appropriate tribal trust account for the Indian Nation established by section 1779d(a) of this title ; and
(ii) if the final judgment awards to a claimant an amount that exceeds the amount of funds in the special holding account attributable to the Indian Nation from the allocation of which under section 1779c(d) of this title the funds in the special holding account are derived—
(I) the balance of funds in the special holding account attributable to the Indian Nation shall be distributed to the claimant tribe that filed the claim; and
(II) payment of the remainder of the judgment amount awarded to the claimant tribe shall be made from the permanent judgment appropriation established pursuant to section 1304 of title 31 .
If no claims under paragraph (1)(A) are filed by the deadline specified in that paragraph—
(i) any funds held in the special holding account under paragraph (2) and attributed to that Indian Nation shall be deposited in the appropriate tribal trust account established by section 1779d(a) 1 of this title; and
(ii) after the date that is 180 days after December 13, 2002, paragraph (2)(B) shall not apply to appropriations attributed to that Indian Nation.
Congress declares that—
(1) subsection (b) of this section is intended only to establish a process by which alleged claims may be resolved; and
(2) nothing in this section acknowledges, enhances, or establishes any prior right, title, or interest of any claimant tribe in or to the Arkansas Riverbed.
Section 1779d(a) of this title , referred to in subsec. (b)(3)(C)(i), was in the original "section 6(a)" and was translated as reading "section 606(a)", meaning section 606(a) of
to reflect the probable intent of Congress, because
does not contain a section 6, and section 1779d(a) establishes three tribal trust fund accounts.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIII-CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT!@!Sec. 1779g -->
This subchapter shall not be construed to resolve any right, title, or interest of any Indian nation or of any claimant tribe, except their past, present, or future claims relating to right, title, or interest in or to the Riverbed and the obligations and liabilities of the United States thereto.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT -->
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780 -->
In this subchapter:
The term "administrative access" means the unrestricted use of land and interests in land for ingress and egress by an agency of the United States (including a permittee, contractor, agent, or assignee of the United States) in order to carry out an activity authorized by law or regulation, or otherwise in furtherance of the management of federally-owned land and resources.
The term "County" means the incorporated county of Los Alamos, New Mexico.
The term "Los Alamos Agreement" means the agreement among the County, the Pueblo, the Department of Agriculture Forest Service, and the Bureau of Indian Affairs dated January 22, 2004.
"Los Alamos Townsite Land" means the land identified as Attachment B (dated December 12, 2003) to the Los Alamos Agreement.
"Northern Tier Land" means the land comprising approximately 739.71 acres and identified as "Northern Tier Lands" in Appendix B (dated August 3, 2004) to the Settlement Agreement.
The term "Pending Litigation" means the case styled Pueblo of San Ildefonso v. United States, Docket Number 354, originally filed with the Indian Claims Commission and pending in the United States Court of Federal Claims on September 27, 2006.
The term "Pueblo" means the Pueblo de San Ildefonso, a federally recognized Indian tribe (also known as the "Pueblo of San Ildefonso").
The term "Settlement Agreement" means the agreement entitled "Settlement Agreement between the United States and the Pueblo de San Ildefonso to Resolve All of the Pueblo's Land Title and Trespass Claims" and dated June 7, 2005.
The term "Settlement Area Land" means the National Forest System land located within the Santa Fe National Forest, as described in Appendix B to the Settlement Agreement, that is available for purchase by the Pueblo under section 9(a) of the Settlement Agreement.
The term "Settlement Fund" means the Pueblo de San Ildefonso Land Claims Settlement Fund established by section 1780d of this title .
The term "Sisk Act" means
Public Law 90–171
(commonly known as the "Sisk Act") ( 16 U.S.C. 484a ).
The term "Water System Land" means the federally-owned land located within the Santa Fe National Forest to be conveyed to the County under the Los Alamos Agreement.
The purposes of this subchapter are—
(1) to finally dispose, as set forth in sections 1780b and 1780c of this title , of all rights, claims, or demands that the Pueblo has asserted or could have asserted against the United States with respect to any and all claims in the Pending Litigation;
(2) to extinguish claims based on aboriginal title, Indian title, or recognized title, or any other title claims under section 1780c of this title ;
(3) to authorize the Pueblo to acquire the Settlement Area Land, and to authorize the Secretary of Agriculture to convey the Water System Land, the Northern Tier Land, and the Los Alamos Townsite Land for market value consideration, and for such consideration to be paid to the Secretary of Agriculture for the acquisition of replacement National Forest land elsewhere in New Mexico;
(4) to provide that the Settlement Area Land acquired by the Pueblo shall be held by the Secretary of the Interior in trust for the benefit of the Pueblo;
(5) to facilitate government-to-government relations between the United States and the Pueblo regarding cooperation in the management of certain land administered by the National Park Service and the Bureau of Land Management as described in sections 7 and 8 of the Settlement Agreement;
(6) to ratify the Settlement Agreement; and,
(7) to ratify the Los Alamos Agreement.
The Sisk Act, referred to in subsec. (a)(11), is
Dec. 4, 1967, 81 Stat. 531 , which is classified to section 484a of Title 16 , Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 484a of Title 16 and Tables.
§1, Sept. 27, 2006, 120 Stat. 1218 , provided that: "This Act [enacting this subchapter] may be cited as the 'Pueblo de San Ildefonso Claims Settlement Act of 2005'."
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780a -->
The Settlement Agreement and Los Alamos Agreement are ratified under Federal law, and the parties to those agreements are authorized to carry out the provisions of the agreements.
The respective parties to the Settlement Agreement and the Los Alamos Agreement are authorized, by mutual agreement, to correct errors in any legal description or maps, and to make minor modifications to those agreements.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780b -->
Not later than 90 days after September 27, 2006, the United States and the Pueblo shall execute and file with the United States Court of Federal Claims in the Pending Litigation a motion for entry of final judgment in accordance with section 5 of the Settlement Agreement.
Upon entry of the final judgment under subsection (a), $6,900,000 shall be paid into the Settlement Fund as compensation to the Pueblo in accordance with section 1304 of title 31 .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780c -->
Except as provided in subsection (b), in consideration of the benefits of the Settlement Agreement, and in recognition of the agreement of the Pueblo to the Settlement Agreement, all claims of the Pueblo against the United States (including any claim against an agency, officer, or instrumentality of the United States) are relinquished and extinguished, including—
(1) any claim to land based on aboriginal title, Indian title, or recognized title;
(2) any claim for damages or other judicial relief or for administrative remedies that were brought, or that were knowable and could have been brought, on or before the date of the Settlement Agreement;
(3) any claim relating to—
(A) any federally-administered land, including National Park System land, National Forest System land, Public land administered by the Bureau of Land Management, the Settlement Area Land, the Water System Land, the Northern Tier Land, and the Los Alamos Townsite Land; and
(B) any land owned by, or held for the benefit of, any Indian tribe other than the Pueblo; and
(4) any claim that was, or that could have been, asserted in the Pending Litigation.
Nothing in this subchapter or the Settlement Agreement shall in any way extinguish or otherwise impair—
(1) the title of record of the Pueblo to land held by or for the benefit of the Pueblo, as identified in Appendix D to the Settlement Agreement, on or before September 27, 2006; and,
(2) the title of the Pueblo to the Pueblo de San Ildefonso Grant, including, as identified in Appendix D to the Settlement Agreement—
(A) the title found by the United States District Court for the District of New Mexico in the case styled United States v. Apodoca (Number 2031, equity: December 5, 1930) not to have been extinguished; and
(B) title to any land that has been reacquired by the Pueblo pursuant to the Act entitled "An Act to quiet the title to lands within Pueblo Indian land grants, and for other purposes", approved June 7, 1924 ( 43 Stat. 636 , chapter 331 );
(3) the water rights of the Pueblo appurtenant to the land described in paragraphs (1) and (2); and
(4) any rights of the Pueblo or a member of the Pueblo under Federal law relating to religious or cultural access to, and use of, Federal land.
Nothing in this subchapter affects any prior extinguishments of rights or claims of the Pueblo which may have occurred by operation of law.
Nothing in this subchapter affects the location of the boundaries of the Pueblo de San Ildefonso Grant.
Nothing in this subchapter affects, ratifies, or confirms the right, title, or interest of the Pueblo in the land held by, or for the benefit of, the Pueblo, including the land described in Appendix D of the Settlement Agreement.
An Act to quiet the title to lands within Pueblo Indian land grants, and for other purposes, referred to in subsec. (b)(2)(B), is act June 7, 1924, ch. 331, 43 Stat. 636 , known as the Pueblo Lands Act of 1924, which is set out as a note under section 331 of this title .
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780d -->
There is established in the Treasury a fund to be known as the "Pueblo de San Ildefonso Land Claims Settlement Fund".
Monies deposited in the Settlement Fund shall be subject to the following conditions:
The Settlement Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 ( 25 U.S.C. 162a ).
Subject to paragraph (3), monies deposited into the Settlement Fund shall be expended by the Pueblo—
(A) to acquire the federally administered Settlement Area Land;
(B) to pay for the acquisition of the Water System Land, as provided in the Los Alamos Agreement; and
(C) at the option of the Pueblo, to acquire other land.
If the Pueblo withdraws monies from the Settlement Fund, neither the Secretary of the Interior nor the Secretary of the Treasury shall retain any oversight over, or liability for, the accounting, disbursement, or investment of the withdrawn funds.
No portion of the funds in the Settlement Fund may be paid to Pueblo members on a per capita basis.
The acquisition of land with funds from the Settlement Fund shall be on a willing-seller, willing-buyer basis, and no eminent domain authority may be exercised for purposes of acquiring land for the benefit of the Pueblo under this subchapter.
The Act of October 19, 1973 (
Public Law 93–134
; 87 Stat. 466 ) and section 4023 of this title shall not apply to the Settlement Fund.
Act of June 24, 1938, referred to in subsec (b)(1), is act June 24, 1938, ch. 648, 52 Stat. 1037 , which enacted section 162a of this title , repealed section 162 of this title , and enacted provisions set out as a note under section 162a of this title . For complete classification of this Act to the Code, see Tables.
Act of October 19, 1973, referred to in subsec. (b)(6), is
Oct. 19, 1973, 87 Stat. 466 , known as the Indian Tribal Judgment Funds Use or Distribution Act, which is classified generally to chapter 16 (§1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780e -->
The Secretary of Agriculture may sell the Settlement Area Land, Water System Land, and Los Alamos Townsite Land, on such terms and conditions as are agreed upon and described in the Settlement Agreement and the Los Alamos Agreement, including reservations for administrative access and other access as shown on Appendix B of the Settlement Agreement.
Consideration for any land authorized for sale by the Secretary of Agriculture shall not be offset or reduced by any claim or cause of action by any party to whom the land is conveyed.
The consideration to be paid for the Federal land authorized for sale in subsection (a) shall be—
(1) for the Settlement Area Land and Water System Land, the consideration agreed upon in the Settlement Agreement; and
(2) for the Los Alamos Townsite Land, the current market value based on an appraisal approved by the Forest Service as being in conformity with the latest edition of the Uniform Appraisal Standards for Federal Land Acquisitions.
All monies received by the Secretary of Agriculture from the sale of National Forest System land as authorized by this subchapter, including receipts from the Northern Tier Land, shall be deposited into the fund established in the Treasury of the United States pursuant to the Sisk Act and shall be available, without further appropriation, authorization, or administrative apportionment for the purchase of land by the Secretary of Agriculture for National Forest System purposes in the State of New Mexico, and for associated administrative costs.
Funds deposited in a Sisk Act fund pursuant to this subchapter shall not be subject to transfer or reprogramming for wildlands fire management or any other emergency purposes, or used to reimburse any other account.
In expending funds to exercise its rights under the Settlement Agreement and the Los Alamos Agreement with respect to the acquisition of the Settlement Area Land, the County's acquisitions of the Water System Land, and the Northern Tier Land (if the Pueblo exercises an option to purchase the Northern Tier Land as provided in section 1708j(b)(2)(A) of this title , 1 the Pueblo shall use only funds in the Settlement Fund and shall not augment those funds from any other source.
The Settlement Area Land acquired by the Pueblo shall be subject to all valid existing rights on September 27, 2006, including rights of administrative access.
No water rights shall be conveyed by the United States.
Nothing in this subchapter shall affect the validity of any special use authorization issued by the Forest Service within the Settlement Area Land, except that such authorizations shall not be renewed upon expiration.
For access to valid occupancies within the Settlement Area Land, the Pueblo and the Secretary of the Interior shall afford rights of reasonable access commensurate with that provided by the Secretary of Agriculture on or before September 27, 2006.
The Water System Land and Los Alamos Townsite Land acquired by the County shall be subject to—
(A) all valid existing rights; and
(B) the rights reserved by the United States under the Los Alamos Agreement.
Upon acquisition by the Pueblo of the Settlement Area Land, the Secretary of the Interior, acting on behalf of the Pueblo and the United States, shall execute easements in accordance with any right reserved by the United States for the benefit of private landowners owning property that requires the use of Forest Development Road 416 (as in existence on September 27, 2006) and other roads that may be necessary to provide legal access into the property of the landowners, as the property is used on September 27, 2006.
Neither the Pueblo nor the United States shall be required to maintain roads for the benefit of private landowners.
Easements shall be granted, without consideration, to private landowners only upon application of such landowners to the Secretary.
Subject to any right-of-way to use, cross, and recross a road, the United States shall reserve and have free and unrestricted rights to use, operate, maintain, and reconstruct (at the same level of development, as in existence on the date of the Settlement Agreement), those sections of Forest Development Roads 57, 442, 416, 416v, 445 and 445ca referenced in Appendix B of the Settlement Agreement for any and all public and administrative access and other Federal governmental purposes, including access by Federal employees, their agents, contractors, and assigns (including those holding Forest Service permits).
Notwithstanding paragraph (1), the United States—
(A) may improve Forest Development Road 416v beyond the existing condition of that road to a high clearance standard road (level 2); and
(B) shall have unrestricted administrative access and non-motorized public trail access to the portion of Forest Development Road 442 depicted in Appendix B to the Settlement Agreement.
The United States and the Pueblo shall allow the COPAR Pumice Mine to continue to operate as provided in the Contract For The Sale Of Mineral Materials dated May 4, 1994, and for COPAR to use portions of Forest Development Roads 57, 442, 416, and other designated roads within the area described in the contract, for the period of the contract and thereafter for a period necessary to reclaim the site.
Continuing jurisdiction of the United States over the contract for the sale of mineral materials shall be administered by the Secretary of the Interior.
Upon expiration of the contract described in subparagraph (A), jurisdiction over reclamation shall be assumed by the Secretary of the Interior.
Nothing in this subchapter limits or enhances the rights of COPAR under the Contract For The Sale Of Mineral Materials dated May 4, 1994.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780f -->
Upon receipt of the consideration from the Pueblo for the Settlement Area Land and the Water System Land, the Secretary of Agriculture shall execute and deliver—
(A) to the Pueblo, a quitclaim deed to the Settlement Area Land; and
(B) to the County, a quitclaim deed to the Water System Land, reserving—
(i) a contingent remainder in the United States in trust for the benefit of the Pueblo in accordance with the Los Alamos Agreement; and
(ii) a right of access for the United States for the Pueblo for ceremonial and other cultural purposes.
Upon receipt of the consideration from the County for all or a portion of the Los Alamos Townsite Land, the Secretary of Agriculture shall execute and deliver to the County a quitclaim deed to all or portions of such land, as appropriate.
An easement or deed of conveyance by the Secretary of Agriculture under this subchapter shall be executed by the Director of Lands and Minerals, Forest Service, Southwestern Region, Department of Agriculture.
Upon receipt by the Pueblo of the quitclaim deed to the Settlement Land under subsection (a)(1), the Pueblo may quitclaim the Settlement Land to the United States, in trust for the Pueblo.
Notwithstanding the status of the Federal land as public domain or acquired land, no instrument of conveyance other than a quitclaim deed shall be required to convey the Settlement Area Land, the Water System Land, the Northern Tier Land, or the Los Alamos Townsite Land under this subchapter.
The Secretary of Agriculture is authorized to perform and approve any required cadastral survey.
Notwithstanding section 3302 of title 31 or any other provision of law, the Secretary of Agriculture may accept and use contributions of cash or services from the Pueblo, other governmental entities, or other persons—
(1) to perform and complete required cadastral surveys for the Settlement Area Land, the Water System Land, the Northern Tier Land, or the Los Alamos Townsite Land, as described in the Settlement Agreement or the Los Alamos Agreement; and
(2) to carry out any other project or activity under—
(A) this subchapter;
(B) the Settlement Agreement; or
(C) the Los Alamos Agreement.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780g -->
Without any additional administrative action by the Secretary of Agriculture or the Secretary of the Interior—
(1) on recording the quitclaim deed or deeds from the Pueblo to the United States in trust for the Pueblo under section 1780f(b) of this title in the Land Titles and Records Office, Southwest Region, Bureau of Indian Affairs—
(A) the Settlement Area Land shall be held in trust by the United States for the benefit of the Pueblo; and
(B) the boundaries of the Santa Fe National Forest shall be deemed to be modified to exclude from the National Forest System the Settlement Area Land; and
(2) on recording the quitclaim deed or deeds from the Secretary of Agriculture to the County of the Water System Land in the county land records, the boundaries of the Santa Fe National Forest shall be deemed to be modified to exclude from the National Forest System the Water System Land.
If fee title to the Water System Land vests in the Pueblo by conveyance or operation of law, the Water System Land shall be deemed to be held in trust by the United States for the benefit of the Pueblo, without further administrative procedures or environmental or other analyses.
Any land conveyed to the Secretary of the Interior in trust for the Pueblo or any other tribe in accordance with this subchapter shall be—
(1) subject to the Act of June 30, 1834 ( 25 U.S.C. 177 ); and
(2) treated as reservation land.
Act of June 30, 1834, referred to in subsec. (c)(1), is act June 30, 1834, ch. 161, 4 Stat. 729 . The act was incorporated into the Revised Statutes as R.S. §§533, 2111 to 2113, 2116 to 2118, 2124 to 2126, 2129 to 2135, 2137, 2141, 2145, 2147, 2150 to 2152, and 2154 to 2157. For complete classification of those sections of the Revised Statutes to the Code, see Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780h -->
Subject to valid existing rights, prior to the conveyance under section 1780g of this title , the Secretary of Agriculture, with respect to the Settlement Area Land, the Water System Land, the Northern Tier Land, and the Los Alamos Townsite Land—
(1) shall not encumber or dispose of the land by sale, exchange, or special use authorization, in such a manner as to substantially reduce the market value of the land;
(2) shall take any action that the Secretary determines to be necessary or desirable—
(A) to protect the land from fire, disease, or insect infestation; or
(B) to protect lives or property; and
(3) may, in consultation with the Pueblo or the County, as appropriate, authorize a special use of the Settlement Area Land, not to exceed 1 year in duration.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780i -->
Subject to valid existing rights, the land referenced in the notices of withdrawal of land in New Mexico (67 Fed. Reg. 7193; 68 Fed. Reg. 75628) is withdrawn from all location, entry, and patent under the public land laws and mining and mineral leasing laws of the United States, including geothermal leasing laws.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780j -->
Subject to valid existing rights, including reservations in the United States and any right under this section, the Secretary of Agriculture shall sell the Northern Tier Land on such terms and conditions as the Secretary may prescribe as being in the public interest and in accordance with this section.
The authorization under paragraph (1) is solely for the purpose of consolidating Federal and non-Federal land to increase management efficiency and is not in settlement or compromise of any claim of title by any Pueblo, Indian tribe, or other entity.
In consideration for an easement under subsection (e)(2), the Pueblo of Santa Clara shall have an exclusive option to purchase the Northern Tier Land for the period beginning on September 27, 2006, and ending 90 days thereafter.
Within the period prescribed in subparagraph (A), the Pueblo of Santa Clara may exercise its option to acquire the Northern Tier Land by delivering to the Regional Director of Lands and Minerals, Forest Service, Southwestern Region, Department of Agriculture, a resolution of the Santa Clara Tribal Council expressing the unqualified intent of the Pueblo of Santa Clara to purchase the land at the offered price.
If the Pueblo of Santa Clara does not exercise its option to purchase the Northern Tier Land within the 90-day period under subparagraph (A), or fails to close on the purchase of such land within 1 year of the date on which the option to purchase was exercised, the Secretary of Agriculture shall offer the Northern Tier Land for sale to the Pueblo.
Not later than 90 days after receiving a written offer from the Secretary of Agriculture under paragraph (1)(C), the Pueblo may exercise its option to acquire the Northern Tier Land by delivering to the Regional Director of Lands and Minerals, Forest Service, Southwestern Region, a resolution of the Pueblo Tribal Council expressing the unqualified intent of the Pueblo to purchase the land at the offered price.
If the Pueblo fails to exercise its option to purchase the Northern Tier Land within 90 days after receiving an offer from the Secretary of Agriculture, or fails to close on the purchase of such land within 1 year of the date on which the option to purchase was exercised under subparagraph (A), the Secretary of Agriculture may sell or exchange the land to any third party in such manner and on such terms and conditions as the Secretary determines to be in the public interest, including by a competitive process.
The Secretary of Agriculture may extend the time period for closing beyond the 1 year prescribed in subsection (b), if the Secretary determines that additional time is required to meet the administrative processing requirements of the Federal Government, or for other reasons beyond the control of either party.
Subject to valid existing rights and reservations, the purchase price for the Northern Tier Land sold to the Pueblo of Santa Clara or the Pueblo under subsection (b) shall be the consideration agreed to by the Pueblo of Santa Clara pursuant to that certain Pueblo of Santa Clara Tribal Council Resolution No. 05–01 "Approving Proposed San Ildefonso Claims Settlement Act of 2005, and Terms for Purchase of Northern Tier Lands" that was signed by Governor J. Bruce Tafoya in January 2005.
On the Northern Tier Land, the United States shall reserve the right to operate, maintain, reconstruct (at standards in existence on the date of the Settlement Agreement), replace, and use the stream gauge, and to have unrestricted administrative access over the associated roads to the gauge (as depicted in Appendix B of the Settlement Agreement).
The conveyance of the Northern Tier Land shall be by quitclaim deed executed on behalf of the United States by the Director of Lands and Minerals, Forest Service, Southwestern Region, Department of Agriculture.
If the Northern Tier Land is acquired by an Indian tribe (including a Pueblo tribe), the land may be reconveyed by quitclaim deed or deeds back to the United States to be held in trust by the Secretary of the Interior for the benefit of the tribe, and the Secretary of the Interior shall accept the conveyance without any additional administrative action by the Secretary of Agriculture or the Secretary of the Interior.
On recording a quitclaim deed described in paragraph (1) in the Land Titles and Records Office, Southwest Region, Bureau of Indian Affairs, the Northern Tier Land shall be deemed to be held in trust by the United States for the benefit of the Indian tribe.
Effective on the date of a deed described in paragraph (1), the boundaries of the Santa Fe National Forest shall be deemed modified to exclude from the National Forest System the land conveyed by the deed.
If the Pueblo of Santa Clara does not exercise its option to acquire the Northern Tier Land, the Secretary of Agriculture or the Secretary of the Interior, as appropriate, shall by deed reservations or grants on land under their respective jurisdiction provide for inholder and public access across the Northern Tier Land in order to provide reasonable ingress and egress to private and Federal land as shown in Appendix B of the Settlement Agreement.
The Secretary of the Interior shall administer any such reservations on land acquired by any Indian tribe.
If the Pueblo of Santa Clara exercises its option to acquire all of the Northern Tier Land, the following shall apply:
In this subparagraph, the term "administrative access" means access to Federal land by Federal employees acting in the course of their official capacities in carrying out activities on Federal land authorized by law or regulation, and by agents and contractors of Federal agencies who have been engaged to perform services necessary or desirable for fire management and the health of forest resources, including the cutting and removal of vegetation, and for the health and safety of persons on the Federal land.
The Pueblo of Santa Clara shall grant and convey at closing perpetual easements over the existing roads to the United States that are acceptable to the Secretary of Agriculture for administrative access over the Santa Clara Reservation Highway 601 (the Puye Road), from its intersection with New Mexico State Highway 30, westerly to its intersection with the Sawyer Canyon Road (also known as Forest Development Road 445), thence southwesterly on the Sawyer Canyon Road to the point at which it exits the Santa Clara Reservation.
An easement under this subparagraph shall provide that the United States shall be obligated to contribute to maintenance of the roadway commensurate with actual use.
Not later than 180 days after September 27, 2006, the Pueblo of Santa Clara, in consultation with private landowners, shall grant and convey a perpetual easement to the private owners of land within the Northern Tier Land for private access over Santa Clara Reservation Highway 601 (Puye Road) across the Santa Clara Indian Reservation from its intersection with New Mexico State Highway 30, or other designated public road, on Forest Development Roads 416, 445 and other roads that may be necessary to provide access to each individually owned private tract.
The Secretary of the Interior shall approve the conveyance of an easement under paragraph (2) upon receipt of written approval of the terms of the easement by the Secretary of Agriculture.
If adequate administrative and inholder access is provided over the Santa Clara Indian Reservation under paragraph (2), the Secretary of the Interior—
(A) shall vacate the inholder access over that portion of Forest Development Road 416 referenced in section 1780e(e)(5) of this title ; but
(B) shall not vacate the reservations over the Northern Tier Land for administrative access under subsection (c)(2).
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780k -->
The Pueblo of Santa Clara and the Pueblo may, by agreement, demarcate a boundary between their respective tribal land within Township 20 North, Range 7 East, in Rio Arriba County, New Mexico, and may exchange or otherwise convey land between them in that township.
In accordance with any agreement under subsection (a), the Secretary of the Interior shall, without further administrative procedures or environmental or other analyses—
(1) recognize a boundary between the Pueblo of Santa Clara and the Pueblo;
(2) provide for a boundary survey;
(3) approve land exchanges and conveyances as agreed upon by the Pueblo of Santa Clara and the Pueblo; and
(4) accept conveyances of exchanged lands into trust for the benefit of the grantee tribe.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780l -->
Not later than 2 years after September 27, 2006, the Secretary of the Interior shall act in accordance with the Indian Tribal Judgment Funds Use or Distribution Act ( 25 U.S.C. 1401 et seq. ) with respect to the award entered in the compromise and settlement of claims under the case styled Pueblo of San Ildefonso v. United States, No. 660–87L, United States Court of Federal Claims.
The Indian Tribal Judgment Funds Use or Distribution Act, referred to in text, is
Oct. 19, 1973, 87 Stat. 466 , which is classified generally to chapter 16 (§1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1401(c) of this title and Tables.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780m -->
Notwithstanding any provision of State law, the Settlement Agreement and the Los Alamos Agreement (including any real property conveyance under the agreements) shall be interpreted and implemented as matters of Federal law.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780n -->
This subchapter shall take effect on September 27, 2006.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780o -->
It is the intent of Congress that the land conveyances and adjustments contemplated in this subchapter (except the conveyances and adjustments relating to Los Alamos Townsite Land) shall be completed not later than 180 days after September 27, 2006.
CHAPTER 19 -INDIAN LAND CLAIMS SETTLEMENTS!@!SUBCHAPTER XIV-PUEBLO DE SAN ILDEFONSO CLAIMS SETTLEMENT!@!Sec. 1780p -->
There are authorized to be appropriated such funds as are necessary to carry out this subchapter.