Page 499 TITLE 25—INDIANS § 1707

fer 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.

(b) Maintenance of action; remedy

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.

(Pub. L. 95–395, §6, Sept. 30, 1978, 92 Stat. 815.)

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)(1), was 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 sections 1706, 1707, 1712

of this title.

§ 1706. Findings by Secretary

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.

(Pub. L. 95–395, §7, Sept. 30, 1978, 92 Stat. 816.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1702, 1705, 1707,

1709 of this title.

§ 1707. Purchase and transfer of private settlement lands

(a) Determination by Secretary; assignment of

settlement lands to State Corporation

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.

(b) Moneys remaining in fund

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.

(c) Duties and liabilities of United States upon

discharge of Secretary’s duties; restriction

on conveyance of settlement lands; affect on

easements for public or private purposes

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,