§ 1772d TITLE 25—INDIANS Page 528

1So in original. The comma probably should not appear.

(c) Construction of subsection (a) and section

1772e

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.

(Pub. L. 100–228, §5, Dec. 31, 1987, 101 Stat. 1558.)

REFERENCES IN TEXT

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1772b, 1772g of

this title.

§ 1772d. Special provisions for Seminole Tribe

(a) Acceptance of land by Secretary in trust for

Seminole Tribe

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.

(b) Survey of Seminole Federal Reservations in

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.

(c) Acceptance of land in future by Secretary in

trust for Seminole Tribe

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.

(d) Civil and criminal jurisdiction over lands acquired by United States in trust for Seminole

Tribe

(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.
Page 529 TITLE 25—INDIANS § 1773

(Pub. L. 100–228, §6, Dec. 31, 1987, 101 Stat. 1559.)

REFERENCES IN TEXT

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 Pub. L. 90–284, title IV, §403(b), Apr. 11,

1968, 82 Stat. 79.

§ 1772e. Water rights compact

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.

(Pub. L. 100–228, §7, Dec. 31, 1987, 101 Stat. 1560.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1772c of this

title.

§ 1772f. Judicial review

(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.

(Pub. L. 100–228, §8, Dec. 31, 1987, 101 Stat. 1561.)

§ 1772g. Revocation of settlement

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.

(Pub. L. 100–228, §9, Dec. 31, 1987, 101 Stat. 1561.)

SUBCHAPTER VII—WASHINGTON INDIAN

(PUYALLUP) LAND CLAIMS SETTLEMENT

§ 1773. Congressional findings and purpose

(a) Findings

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 nonIndian 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.