Page 521 TITLE 25—INDIANS § 1759

(e) Authorization of appropriation

There is authorized to be appropriated $900,000

to be deposited in the Fund.

(Pub. L. 98–134, §5, Oct. 18, 1983, 97 Stat. 853; Pub.

L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

AMENDMENTS

1986—Subsec. (c). Pub. L. 99–514 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1753 of this title.

§ 1755. State jurisdiction over reservation

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.].

(Pub. L. 98–134, §6, Oct. 18, 1983, 97 Stat. 855.)

REFERENCES IN TEXT

Act of April 11, 1968, referred to in text, is Pub. L.

90–284, Apr. 11, 1968, 82 Stat. 73, as amended, known as

the Civil Rights Act of 1968. Title IV of Pub. L. 90–284

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.

§ 1756. Practice and procedure

(a) Constitutionality

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-eightyday period beginning on October 18, 1983, or

(2) an answer contained in a reply to a complaint before the end of such period.

(b) Jurisdiction

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.

(c) Removal of actions

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.

(d) Jurisdictional acts; implied consent to sue

the United States

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.

(Pub. L. 98–134, §7, Oct. 18, 1983, 97 Stat. 855.)

CODIFICATION

In subsec. (a)(1), ‘‘October 18, 1983’’ substituted for

‘‘the date of the enactment of this Act’’, meaning the

date of approval of Pub. L. 98–134.

§ 1757. Restriction against alienation

(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.

(Pub. L. 98–134, §8, Oct. 18, 1983, 97 Stat. 855.)

CODIFICATION

In subsec. (a), ‘‘October 18, 1983’’ substituted for ‘‘the

date of the enactment of this Act’’, meaning the date

of approval of Pub. L. 98–134.

§ 1758. Extension of Federal recognition and

privileges

(a) Applicability of United States laws and regulations

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.

(b) Filing of organic governing document and

amendments

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.

(c) Eligibility for services and benefits

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.

(Pub. L. 98–134, §9, Oct. 18, 1983, 97 Stat. 855.)

CODIFICATION

In subsec. (c), ‘‘October 18, 1983’’ substituted for ‘‘the

date of enactment of this Act’’, meaning the date of approval of Pub. L. 98–134.

§ 1759. General discharge and release of State of

Connecticut

Except as expressly provided herein, this subchapter shall constitute a general discharge and

release of all obligations of the State of Con-