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. (Pub. L. 98-134, § 11, Oct. 18, 1983, 97 Stat. 856.) SUBCHAPTER V-MASSACHUSETTS § 1771. Congressional findings and declaration of policy 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; (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 1 (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. (Pub. L. 100-95, § 2, Aug. 18, 1987, 101 Stat. 704.) EFFECTIVE DATE Section 11 of Pub. L. 100-95 provided that: "(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." 'So in original. Probably should be "claims;". SHORT TITLE Section 1 of Pub. L. 100-95 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'." § 1771a. Gay Head Indian claims settlement fund (a) Fund established 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. (b) Authorization for appropriation There is hereby authorized to be appropriated $2,250,000 for such fund to remain available until expended. (c) State contribution required 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. (Pub. L. 100-95, § 3, Aug. 18, 1987, 101 Stat. 704.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1771d, 1771f of this title. § 1771b. Approval of prior transfers and extinguishment of aboriginal title and claims of Gay Head Indians (a) Approval of prior transfers (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. (b) Extinguishment of aboriginal title 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. (c) Extinguishment of claims arising from prior transfers or extinguishment of aboriginal title 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. (d) Personal claims not affected 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 nonIndians as well as Indians. (Pub. L. 100-95, § 4, Aug. 18, 1987, 101 Stat. 705.) REFERENCES IN TEXT 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. EFFECTIVE DATE 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 Pub. L. 100-95, set out as a note under section 1771 of this title. § 1771c. Conditions precedent to Federal purchase of settlement lands (a) Initial determination of State and local action 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 2 to the Secretary in trust for the Wampanoag Tribal Council of Gay Head, Inc. (b) Reliance upon Attorney General of Massachusetts 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. (Pub. L. 100-95, § 5, Aug. 18, 1987, 101 Stat. 705.) § 1771d. Purchase and transfer of settlement lands (a) Purchase of private settlement lands 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. (b) Payment for survey and appraisal 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 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. 3 (c) Acquisition of additional lands 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 So in original. Probably should be "lands". 'So in original. Probably should be "fund". 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. (d) Transfer and survey of land to Wampanoag Tribal Council 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. (e) Proceedings authorized to acquire or to perfect title 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. (f) Public settlement lands held in trust 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. (g) Application 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. (h) Spending authority Any spending authority (as defined in section 651(c)(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. (Pub. L. 100-95, § 6, Aug. 18, 1987, 101 Stat. 706.) REFERENCES IN TEXT For the effective date of this Act, referred to in subsec. (f), see section 11 of Pub. L. 100-95, set out as a note under section 1771 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1771a, 1771c, 1771h of this title. § 1771e. Jurisdiction over settlement lands; restraint on alienation (a) Limitation on Indian jurisdiction over settlement lands The Wampanoag Tribal Council of Gay Head, Inc., shall not have any jurisdiction over nontri bal 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. (b) Subsequent holder bound to same terms and conditions 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. (c) Reservations of right and authority relating to settlement lands 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. (d) Exemption from State assessment 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. (Pub. L. 100-95, § 7, Aug. 18, 1987, 101 Stat. 707.) REFERENCES IN TEXT 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. § 1771f. Definitions For the purposes of this subchapter: (1) Cook lands The term "Cook lands" means the lands described in paragraph (5) of the Settlement Agreement. (2) Wampanoag Tribal Council of Gay Head, Inc. 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. (3) Fund The term "fund" means the Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund established under section 1771a of this title. (4) Land or natural resources 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. (5) Lawsuit 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.)). (6) Private settlement lands The term "private settlement lands" means approximately 177 acres of privately held land described in paragraph 6 of the Settlement Agreement. (7) Public settlement lands The term "public settlement lands" means the lands described in paragraph (4) of the Settlement Agreement. (8) Settlement lands The term "settlement lands" means the private settlement lands and the public settlement lands. (9) Secretary The term "Secretary" means the Secretary of the Interior. (10) Settlement Agreement 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. (11) State implementing act 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. (12) Transfer 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. (13) West Basin Strip 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. (Pub. L. 100-95, § 8, Aug. 18, 1987, 101 Stat. 708.) REFERENCES IN TEXT 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1771d of this title. § 1771g. Applicability of State law 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 Mas sachusetts 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). (Pub. L. 100-95, § 9, Aug. 18, 1987, 101 Stat. 709.) § 1771h. Limitations of action; jurisdiction 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 the District of Massachusetts. (Pub. L. 100-95, § 10, Aug. 18, 1987, 101 Stat. 710.) § 1771i. Eligibility 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. (Pub. L. 100-95, § 12, Aug. 18, 1987, 101 Stat. 710.) SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT § 1772. Findings and policy 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 'So in original. Probably should be "for". (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. (Pub. L. 100-228, § 2, Dec. 31, 1987, 101 Stat. 1556.) EFFECTIVE DATE Section 10 of Pub. L. 100-228 provided that: "This Act [enacting this subchapter] shall take effect upon the date of its enactment [Dec. 31, 1987]." SHORT TITLE Section 1 of Pub. L. 100-228 provided that: “This Act [enacting this subchapter] may be cited as the 'Seminole Indian Land Claims Settlement Act of 1987'." § 1772a. Definitions 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., 'So in original. The comma probably should not appear. |