§ 1760 TITLE 25—INDIANS Page 522

1So in original. Probably should be ‘‘claims;’’.

necticut and all of its political subdivisions,

agencies, departments, and all of the officers or

employees thereof arising from any treaty or

agreement with, or on behalf of the Tribe or the

United States as trustee therefor.

(Pub. L. 98–134, §10, Oct. 18, 1983, 97 Stat. 856.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1754 of this title.

§ 1760. Separability

In the event that any provision of section 1753

of this title is held invalid, it is the intent of

Congress that the entire subchapter be invalidated. In the event that any other section or

provision of this subchapter is held invalid, it is

the intent of Congress that the remaining sections of this subchapter shall continue in full

force and effect.

(Pub. L. 98–134, §11, Oct. 18, 1983, 97 Stat. 856.)

SUBCHAPTER V—MASSACHUSETTS INDIAN

LAND CLAIMS SETTLEMENT

§ 1771. Congressional findings and declaration of

policy

The Congress hereby finds and declares that—

(1) there is pending before the United States

District Court for the District of Massachusetts a lawsuit that involves Indian claims to

certain public lands within the town of Gay

Head, Massachusetts;

(2) the pendency of this lawsuit has resulted

in severe economic hardships for the residents

of the town of Gay Head by clouding the titles

to much of the land in the town, including

land not involved in the lawsuit;

(3) the Congress shares with the Commonwealth of Massachusetts and the parties to the

lawsuit a desire to remove all clouds on titles

resulting from such Indian land claim; 1

(4) the parties to the lawsuit and others interested in settlement of Indian land claims

within the Commonwealth of Massachusetts

executed a Settlement Agreement which, to

become effective, requires implementing legislation by the Congress of the United States

and the General Court of the Commonwealth

of Massachusetts;

(5) the town of Gay Head has agreed to contribute approximately 50 percent of the land

involved in this settlement;

(6) the State of Massachusetts has agreed to

provide up to $2,250,000 to be used for the purchase of land to be held in trust by the Secretary for the use and benefit of the

Wampanoag Tribal Council of Gay Head, Inc.;

and

(7) the Secretary has acknowledged the existence of the Wampanoag Tribal Council of

Gay Head, Inc. as an Indian tribe and Congress

hereby ratifies and confirms that existence as

an Indian tribe with a government to government relationship with the United States.

(Pub. L. 100–95, §2, Aug. 18, 1987, 101 Stat. 704.)

EFFECTIVE DATE

Section 11 of Pub. L. 100–95 provided that:

‘‘(a) IN GENERAL.—Except as provided in subsection

(b), this Act [enacting this subchapter] shall take effect

upon the date of enactment [Aug. 18, 1987].

‘‘(b) EXCEPTION.—Section 4 [25 U.S.C. 1771b] shall take

effect upon the date on which the title of all of the private settlement lands provided for in this Act to the

Wampanoag Tribal Council of Gay Head, Inc. is transferred. The fact of such transfer, and the date thereof,

shall be certified and recorded by the Secretary of the

Commonwealth of Massachusetts.’’

SHORT TITLE

Section 1 of Pub. L. 100–95 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the

‘Wampanoag Tribal Council of Gay Head, Inc., Indian

Claims Settlement Act of 1987’.’’

§ 1771a. Gay Head Indian claims settlement fund

(a) Fund established

There is hereby established within the Treasury of the United States a fund to be known as

the ‘‘Wampanoag Tribal Council of Gay Head,

Inc. Claims Settlement Fund’’. Amounts in the

fund shall be available to the Secretary to carry

out the purposes of this subchapter.

(b) Authorization for appropriation

There is hereby authorized to be appropriated

$2,250,000 for such fund to remain available until

expended.

(c) State contribution required

Amounts may be expended from the fund only

upon deposit by the State of Massachusetts into

the fund of an amount equal to that amount to

be expended by the United States so that both

the United States and the State of Massachusetts bear one-half of the cost of the acquisition

of lands under section 1771d of this title.

(Pub. L. 100–95, §3, Aug. 18, 1987, 101 Stat. 704.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1771d, 1771f of

this title.

§ 1771b. Approval of prior transfers and extinguishment of aboriginal title and claims of

Gay Head Indians

(a) Approval of prior transfers

(1) Any transfer before August 18, 1987, of land

or natural resources now located anywhere within the United States from, by, or on behalf of

the Wampanoag Tribal Council of Gay Head,

Inc., or (2) any transfer before August 18, 1987,

by, from, or on behalf of any Indian, Indian nation, or tribe or band of Indians, of any land or

natural resources located anywhere within the

town of Gay Head, Massachusetts, including any

transfer pursuant to any statute of the State,

and the incorporation of the town of Gay Head,

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 or band of Indians (including 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). Any

such transfer and any transfer in implementation of this subchapter, shall be deemed to have

been made with the consent and approval of

Congress as of the date of such transfer.