§ 1771h TITLE 25—INDIANS Page 526

1So in original. Probably should be ‘‘for’’. 1So in original. The comma probably should not appear.

setts and the town of Gay Head, Massachusetts

(including those laws and regulations which prohibit or regulate the conduct of bingo or any

other game of chance).

(Pub. L. 100–95, §9, Aug. 18, 1987, 101 Stat. 709.)

§ 1771h. Limitations of action; jurisdiction

Notwithstanding any other provision of law,

any action to contest the constitutionality or

validity under law of this subchapter shall be

barred unless the complaint is filed within thirty days after August 18, 1987. Exclusive original

jurisdiction over any such action and any proceedings under section 1771d(e) of this title is

hereby vested in the United States District

Court of 1 the District of Massachusetts.

(Pub. L. 100–95, §10, Aug. 18, 1987, 101 Stat. 710.)

§ 1771i. Eligibility

For the purpose of eligibility for Federal services made available to members of federally recognized Indian tribes, because of their status as

Indians, members of this tribe residing on Martha’s Vineyard, Massachusetts, shall be deemed

to be living on or near an Indian reservation.

(Pub. L. 100–95, §12, Aug. 18, 1987, 101 Stat. 710.)

SUBCHAPTER VI—FLORIDA INDIAN

(SEMINOLE) LAND CLAIMS SETTLEMENT

§ 1772. Findings and policy

Congress finds and declares that—

(1) there is pending before the United States

District Court for the southern district of

Florida a lawsuit by the Seminole Tribe which

involves certain lands within the State and

there are also claims by the tribe to other

areas of Florida by virtue of an 1839 Executive

order of the President and by right of non-extinguishment of aboriginal possession which

has been asserted but not filed in court;

(2) the pendency of this lawsuit and these

claims may result in economic hardships for

residents of the State by clouding the titles to

lands in the State, including lands not now involved in the lawsuit;

(3) the pendency of this lawsuit and these

claims also have clouded the easement rights

of the South Florida Water Management District in lands necessary for use as a water

flowage and storage area, which is part of a

federally authorized project for flood control

and water management in central and southern Florida, and which is being used to provide

and regulate a water supply for the residents

of south Florida;

(4) the State, the district, and the tribe have

executed agreements for the purposes of resolving tribal land claims and settling the

lawsuit—

(A) which include conveyance of land and

payment of consideration to the tribe; and

(B) which require implementing legislation

by the Congress of the United States and the

Legislature of the State of Florida;

(5) Congress shares with the parties to such

agreements a desire to settle these Indian

claims in the State of Florida without additional cost to the United States;

(6) there is considerable uncertainty as to

the nature and extent of the water rights of

the tribe, and that continued controversy over

this should be settled by agreement; and

(7) the State, the district, and the tribe have

entered into a compact which, if approved by

Congress and the Florida Legislature, creates

specifically defined water rights in lieu of the

undefined water rights claimed by the tribe.

(Pub. L. 100–228, §2, Dec. 31, 1987, 101 Stat. 1556.)

EFFECTIVE DATE

Section 10 of Pub. L. 100–228 provided that: ‘‘This Act

[enacting this subchapter] shall take effect upon the

date of its enactment [Dec. 31, 1987].’’

SHORT TITLE

Section 1 of Pub. L. 100–228 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘Seminole Indian Land Claims Settlement Act of 1987’.’’

§ 1772a. Definitions

For purposes of this subchapter—

(1) The term ‘‘tribe’’ means the Seminole

Tribe of Indians of Florida or Seminole Tribe

of Florida, a tribe of American Indians recognized by the United States and organized

under section 476 of this title and recognized

by the State of Florida pursuant to chapter

285, Florida Statutes, and its successors.

(2) The term ‘‘State’’ means the State of

Florida and its agencies, political subdivisions, constitutional officers, officials of its

agencies and subdivisions and their successors.

(3) The term ‘‘district’’ means the South

Florida Water Management District, the agency of the State of Florida created by chapter

25270, laws of Florida (1949) to operate pursuant to chapter 373 Florida Statutes, and its

successors.

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

(5) The term ‘‘lands or natural resources’’

means any real property or natural resources,

or any interest in or right involving any real

property or natural resources, including minerals and mineral rights, timber and timber

rights, water and water rights, and rights to

hunt and fish.

(6) The term ‘‘Settlement Agreement’’

means the instrument—

(A) executed by the Seminole Tribe, the

State of Florida, and the South Florida

Water Management District; and

(B) which will be presented for approval by

all three parties to the United States District Court for the southern district of Florida for the purpose of terminating the lawsuit entitled Seminole Tribe of Indians of

Florida,1 v. State of Florida, et al., (Docket

No. 78–6116–CIV), and for the extinguishment

of rights to all potential or unsettled claims

which the tribe may have to lands or natural

resources in the State and the purchase of

certain tribal interests in real property.

(7) The term ‘‘settlement funds’’ means

those funds which the State of Florida and the