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-