§ 1771e TITLE 25—INDIANS Page 524

2See References in Text note below.

section (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.

(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) 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 651 of title 2, referred to in subsec. (h), was

amended by Pub. L. 105–33, title X, §10116(a)(3), (5), Aug.

5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).

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 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.

(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.)
Page 525 TITLE 25—INDIANS § 1771g

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 Massachu-