Page 519 TITLE 25—INDIANS § 1753

(Pub. L. 98–134, §2, Oct. 18, 1983, 97 Stat. 851.)

CODIFICATION

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

time of the passage of this Act’’, meaning the date of

approval of Pub. L. 98–134.

SHORT TITLE

Section 1 of Pub. L. 98–134 provided: ‘‘That this Act

[enacting this subchapter] may be cited as the

‘Mashantucket Pequot Indian Claims Settlement

Act’.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1752 of this title.

§ 1752. Definitions

For the purposes of this subchapter—

(1) The term ‘‘Tribe’’ means the

Mashantucket Pequot Tribe (also known as

the Western Pequot Tribe) as identified by

chapter 832 of the Connecticut General Statutes and all its predecessors and successors in

interest. The Mashantucket Pequot Tribe is

represented, as of October 18, 1983, by the

Mashantucket Pequot Tribal Council.

(2) 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 resources, including without limitation minerals and mineral rights,

timber and timber rights, water and water

rights, and hunting and fishing rights.

(3) The term ‘‘private settlement lands’’

means—

(A) the eight hundred acres, more or less,

of privately held land which are identified

by a red outline on a map filed with the secretary of the State of Connecticut in accordance with the agreement referred to in section 1751(d) of this title, and

(B) the lands known as the Cedar Swamp

which are adjacent to the Mashantucket

Pequot Reservation as it exists on October

18, 1983. Within thirty days of October 18,

1983, the secretary of the State of Connecticut shall transmit to the Secretary a certified copy of said map.

(4) The term ‘‘settlement lands’’ means—

(A) the lands described in sections 2(a) and

3 of the Act To Implement the Settlement of

the Mashantucket Pequot Indian Land

Claims as enacted by the State of Connecticut and approved on June 9, 1982, and

(B) the private settlement lands.

(5) The term ‘‘Secretary’’ means the Secretary of the Interior.

(6) The term ‘‘transfer’’ means any transaction involving, or any transaction the purpose of which was to effect, a change in title

to or control of any land or natural resources,

and any act, event, or circumstance that resulted in a change in title to, possession of,

dominion over, or control of land or natural

resources, including any sale, grant, lease, allotment, partition, or conveyance, whether

pursuant to a treaty, compact, or statute of a

State or otherwise.

(7) The term ‘‘reservation’’ means the existing reservation of the Tribe as defined by

chapter 824 of the Connecticut General Statutes and any settlement lands taken in trust

by the United States for the Tribe.

(Pub. L. 98–134, §3, Oct. 18, 1983, 97 Stat. 852.)

CODIFICATION

In pars. (1) and (3)(B), ‘‘October 18, 1983’’ substituted

for ‘‘the date of the enactment of this Act’’ and ‘‘the

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

of Pub. L. 98–134.

§ 1753. Extinguishment of aboriginal titles and

Indian claims

(a) Approval and ratification of prior transfers

Any transfer before October 18, 1983, from, by,

or on behalf of the Tribe or any of its members

of land or natural resources located anywhere

within the United States, and any transfer before October 18, 1983, from, by, or on behalf of

any Indian, Indian nation, or tribe or band of Indians of land or natural resources located anywhere within the town of Ledyard, Connecticut,

shall be deemed to have been made in accordance with the Constitution and all laws of the

United States, including without limitation the

Trade and Intercourse Act of 1790, Act of July

22, 1790 (ch. 33, sec. 4, 1 Stat. 137, 138), and all

amendments thereto and all subsequent reenactments and versions thereof, and Congress hereby

does approve and ratify any such transfer effective as of the date of said transfer.

(b) Extinguishment of title

By virtue of the approval and ratification of a

transfer of land or natural resources effected by

subsection (a) of this section, any aboriginal

title held by the Tribe or any member of the

Tribe, or any other Indian, Indian nation, or

tribe or band of Indians, to any land or natural

resources the transfer of which was approved

and ratified by subsection (a) of this section

shall be regarded as extinguished as of the date

of such transfer.

(c) Extinguishment of claims

By virtue of the approval and ratification of a

transfer of land or natural resources effected by

this section, or the extinguishment of aboriginal

title effected thereby, any claim (including any

claim for damages for trespass or for use and occupancy) by, or on behalf of, the Tribe or any

member of the Tribe or by any other Indian, Indian nation, or tribe or band of Indians, against

the United States, any State or subdivision

thereof or any other person which is based on—

(1) any interest in or right involving any

land or natural resources the transfer of which

was approved and ratified by subsection (a) of

this section, or

(2) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b) of this section,

shall be regarded as extinguished as of the date

of any such transfer.

(d) Savings provision

Nothing in this section shall be construed to

affect or eliminate the personal claim of any individual Indian (except for Federal common law

fraud claim) which is pursued under any law of

general applicability that protects non-Indians

as well as Indians.