Page 523 TITLE 25—INDIANS § 1771d

1So in original. Probably should not be capitalized.

1So in original. Probably should not be capitalized.

(b) Extinguishment of aboriginal title

Any aboriginal title held by the Wampanoag

Tribal Council of Gay Head, Inc. or any other

entity presently or at any time in the past

known as the Gay Head Indians, to any land or

natural resources the transfer of which is consented to and approved in subsection (a) of this

section is considered extinguished as of the date

of such transfer.

(c) Extinguishment of claims arising from prior

transfers or extinguishment of aboriginal

title

Any claim (including any claim for damages

for use and occupancy) by the Wampanoag Tribal Council of Gay Head, Inc., the Gay Head Indians, or any other Indian, Indian nation, or tribe

or band of Indians against the United States,

any State or political subdivision of a State, or

any other person which is based on—

(1) any transfer of land or natural resources

which is consented to and approved in subsection (a) of this section, or

(2) any aboriginal title to land or natural resources the transfer of which is consented to

and approved in subsection (b) of this section,

is extinguished as of the date of any such transfer.

(d) Personal claims not affected

No provision of this section shall be construed

to offset or eliminate the personal claim of any

individual Indian which is pursued under any

law of general applicability that protects nonIndians as well as Indians.

(Pub. L. 100–95, §4, Aug. 18, 1987, 101 Stat. 705.)

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 subsec. (a),

is not classified to the Code. See sections 177, 179, 180,

193, 194, 201, 229, 230, 251, 263, and 264 of this title.

EFFECTIVE DATE

Section effective upon the date on which title of all

of private settlement lands provided for in this subchapter to the Wampanoag Tribal Council of Gay Head,

Inc. is transferred, with fact of such transfer, and date

thereof, to be certified and recorded by Secretary of the

Commonwealth of Massachusetts, see section 11(b) of

Pub. L. 100–95, set out as a note under section 1771 of

this title.

§ 1771c. Conditions precedent to Federal purchase of settlement lands

(a) Initial determination of State and local action

No action shall be taken by the Secretary

under section 1771d of this title before the Secretary publishes notice in the Federal Register

of the determination by the Secretary that—

(1) the Commonwealth of Massachusetts has

enacted legislation which provides that—

(A) the town of Gay Head, Massachusetts,

is authorized to convey to the Secretary to

be held in trust for the Wampanoag Tribal

Council of Gay Head, Inc. the public settlement lands and the Cook lands subject to

the conditions and limitations set forth in

the Settlement Agreement; and

(B) the Wampanoag Tribal Council of Gay

Head, Inc. shall have the authority, after

consultation with appropriate State and

local officials, to regulate any hunting by

Indians on the settlement lands that is conducted by means other than firearms or

crossbow to the extent provided in, and subject to the conditions and limitations set

forth in, the Settlement Agreement;

(2) the Wampanoag Tribal Council of Gay

Head, Inc., has submitted to the Secretary an

executed waiver or waivers of the claims covered by the Settlement Agreement all claims

extinguished by this subchapter, and all

claims arising because of the approval of

transfers and extinguishment of titles and

claims under this subchapter; and

(3) the town of Gay Head, Massachusetts, has

authorized the conveyance of the public settlement lands and the Cook Lands 1 to the Secretary in trust for the Wampanoag Tribal

Council of Gay Head, Inc.

(b) Reliance upon Attorney General of Massachusetts

In making the findings required in subsection

(a) of this section, the Secretary may rely upon

the opinion of the Attorney General of the Commonwealth of Massachusetts.

(Pub. L. 100–95, §5, Aug. 18, 1987, 101 Stat. 705.)

§ 1771d. Purchase and transfer of settlement

lands

(a) Purchase of private settlement lands

The Secretary is authorized and directed to

expend, at the request of the Wampanoag Tribal

Council of Gay Head, Inc., $2,125,000 to acquire

the private settlement lands. At the request of

the Wampanoag Tribal Council of Gay Head,

Inc., the Secretary shall not purchase lots 705,

222, and 528 of the private settlement lands, but,

at the request of the Wampanoag Tribal Council

of Gay Head, Inc., the Secretary shall acquire in

lieu thereof such other lands that are contiguous to the remaining private settlement lands.

Upon the purchase of such contiguous lands,

those lands shall be subject to the same restrictions and benefits as the private settlement

lands.

(b) Payment for survey and appraisal

The Secretary is authorized and directed to

cause a survey of the public settlement lands to

be made within 60 days of acquiring title to the

public settlement lands. The Secretary shall reimburse the Native American Rights Fund and

the Gay Head Taxpayers Association for an appraisal of the private settlement lands done by

Paul O’Leary dated May 1, 1987. Such funds as

may be necessary may be withdrawn from the

Fund 1 established in section 1771a(a) of this title

and may be used for the purpose of conducting

the survey and providing reimbursement for the

appraisal.

(c) Acquisition of additional lands

The Secretary shall expend, at the request of

the Wampanoag Tribal Council of Gay Head,

Inc., any remaining funds not required by sub-