TITLE 25—INDIANS Page 494

as part of the Indian Health Care Improvement Act

which comprises this chapter.

CHAPTER 19—INDIAN LAND CLAIMS

SETTLEMENTS

SUBCHAPTER I—RHODE ISLAND INDIAN CLAIMS

SETTLEMENT

PART A—GENERAL PROVISIONS

Sec.

1701. Congressional findings and declaration of policy.

1702. Definitions.

1703. Rhode Island Indian Claims Settlement Fund;

establishment.

1704. Option agreements to purchase private settlement lands.

(a) Acceptance of option agreement assignments; reasonableness of terms

and conditions.

(b) Amount of payment.

(c) Limitation on option fees.

(d) Application of option fee.

(e) Retention of option payment.

1705. Publication of findings.

(a) Prerequisites; consequences.

(b) Maintenance of action; remedy.

1706. Findings by Secretary.

1707. Purchase and transfer of private settlement

lands.

(a) Determination by Secretary; assignment of settlement lands to State

Corporation.

(b) Moneys remaining in fund.

(c) Duties and liabilities of United States

upon discharge of Secretary’s duties; restriction on conveyance of

settlement lands; affect on easements for public or private purposes.

1708. Applicability of State law; treatment of settlement lands under Indian Gaming Regulatory Act.

(a) In general.

(b) Treatment of settlement lands under

Indian Gaming Regulatory Act.

1709. Preservation of Federal benefits.

1710. Authorization of appropriations.

1711. Limitation of actions; jurisdiction.

1712. Approval of prior transfers and extinguishment of claims and aboriginal title outside

town of Charlestown, Rhode Island and involving other Indians in Rhode Island.

(a) Scope of applicability.

(b) Exceptions.

PART B—TAX TREATMENT

1715. Exemption from taxation.

(a) General exemption.

(b) Income-producing activities.

(c) Payments in lieu of taxes.

1716. Deferral of capital gains.

SUBCHAPTER II—MAINE INDIAN CLAIMS

SETTLEMENT

1721. Congressional findings and declaration of policy.

(a) Findings and declarations.

(b) Purposes.

1722. Definitions.

1723. Approval of prior transfers and extinguishment of Indian title and claims of Indians

within State of Maine.

(a) Ratification by Congress; personal

claims unaffected; United States

barred from asserting claims on

ground of noncompliance of transfers with State laws or occurring

prior to December 1, 1873.

Sec.

(b) Aboriginal title extinguished as of

date of transfer.

(c) Claims extinguished as of date of

transfer.

(d) Effective date; authorization of appropriations; publication in Federal

Register.

1724. Maine Indian Claims Settlement and Land

Acquisition Funds in the United States

Treasury.

(a) Establishment of Maine Indian

Claims Settlement Fund; amount.

(b) Apportionment of settlement fund;

administration; investments; limitation on distributions; quarterly

investment income payments;

expenditures for aged members; cessation of trust responsibility following Federal payments.

(c) Establishment of Maine Indian

Claims Land Acquisition Fund;

amount.

(d) Apportionment of land acquisition

fund; expenditures for acquisition of

land or natural resources; trust

acreage; fee holdings; interests in

corpus of trust for Houlton Band

following termination of Band’s interest in trust; agreement for acquisitions for benefit of Houlton Band:

scope, report to Congress.

(e) Acquisitions contingent upon agreement as to identity of land or natural resources to be sold, purchase

price and other terms of sale; condemnation proceedings by Secretary; other acquisition authority

barred for benefit of Indians in

State of Maine.

(f) Expenditures for Tribe, Nation, or

Band contingent upon documentary

relinquishment of claims.

(g) Transfer limitations of section 177 of

this title inapplicable to Indians in

State of Maine; restraints on alienation as provided in section; transfers invalid ab initio except for:

State and Federal condemnations,

assignments, leases, sales, rights-ofway, and exchanges.

(h) Agreement on terms for management

and administration of land or natural resources.

(i) Condemnation of trust or restricted

land or natural resources within

Reservations: substitute land or

monetary proceeds as medium of

compensation; condemnation of

trust land without Reservations:

use of compensation for reinvestment in trust or fee held acreage,

certification of acquisitions; State

condemnation proceedings: United

States as necessary party, exhaustion of State administrative remedies, judicial review in Federal

courts, removal of action.

(j) Federal condemnation under other

laws; deposit and reinvestment of

compensatory proceeds.

1725. State laws applicable.

(a) Civil and criminal jurisdiction of the

State and the courts of the State;

laws of the State.
Page 495 TITLE 25—INDIANS

Sec.

(b) Jurisdiction of State of Maine and

utilization of local share of funds

pursuant to the Maine Implementing Act; Federal laws or regulations

governing services or benefits unaffected unless expressly so provided;

report to Congress of comparative

Federal and State funding for Maine

and other States.

(c) Federal criminal jurisdiction inapplicable in State of Maine under

certain sections of title 18; effective

date: publication in Federal Register.

(d) Capacity to sue and be sued in State

of Maine and Federal courts; section 1362 of title 28 applicable to

civil actions; immunity from suits

provided in Maine Implementing

Act; assignment of quarterly income payments from settlement

fund to judgment creditors for satisfaction of judgments.

(e) Federal consent for amendment of

Maine Implementing Act; nature

and scope of amendments; agreement respecting State jurisdiction

over Houlton Band lands.

(f) Indian jurisdiction separate and distinct from State civil and criminal

jurisdiction.

(g) Full faith and credit.

(h) General laws and regulations affecting Indians applicable, but special

laws and regulations inapplicable,

in State of Maine.

(i) Eligibility for Federal special programs and services regardless of

reservation status.

1726. Tribal organization.

(a) Appropriate instrument in writing;

filing of organic governing document.

(b) Membership.

1727. Implementation of Indian Child Welfare Act.

(a) Petition for assumption of exclusive

jurisdiction; approval by Secretary.

(b) Consideration and determination of

petition by Secretary.

(c) Actions or proceedings within existing jurisdiction unaffected.

(d) Reservations within section 1903(10) of

this title.

(e) Indian tribe within section 1903(8) of

this title; State jurisdiction over

child welfare unaffected.

(f) Assumption determinative of exclusive jurisdiction.

1728. Federal financial aid programs unaffected by

payments under subchapter.

(a) Eligibility of State of Maine for participation without regard to payments to designated Tribe, Nation,

or Band under subchapter.

(b) Eligibility of designated Tribe, Nation, or Band for benefits without

regard to payments from State of

Maine except in considering actual

financial situation in determining

need of applicant.

(c) Availability of settlement or land acquisition funds not income or resources or otherwise used to affect

federally assisted housing programs

or Federal financial assistance or

other Federal benefits.

1729. Deferral of capital gains.

1730. Transfer of tribal trust funds held by the

State of Maine.

Sec.

1731. Other claims discharged by this subchapter.

1732. Limitation of actions.

1733. Authorization of appropriations.

1734. Inseparability of provisions.

1735. Construction.

(a) Law governing; special legislation.

(b) General legislation.

SUBCHAPTER III—FLORIDA INDIAN

(MICCOSUKEE) LAND CLAIMS SETTLEMENT

PART A—FLORIDA INDIAN LAND CLAIMS SETTLEMENT

ACT OF 1982

1741. Congressional findings and declaration of policy.

1742. Definitions.

1743. Findings by the Secretary.

1744. Approval of prior transfers and extinguishment of claims and aboriginal title involving Florida Indians.

(a) Publication of findings; consequences.

(b) Scope of applicability to claims,

transfers, etc.

1745. Special provisions for Miccosukee Tribe.

(a) Exemption of leasehold from State

and local taxes.

(b) Treatment of leasehold as Indian reservation.

(c) Power of State of Florida to diminish

leasehold interests for public purposes.

(d) Impairment of benefits received by

State of Florida under other provisions.

1746. Scope of rights or interests granted to

Miccosukee Tribe; scope of civil and criminal jurisdiction of State of Florida.

1747. Transfer of lands to United States.

(a) Acceptance by Secretary.

(b) Jurisdiction of State of Florida.

(c) Transfer of lands as subject to existing leases, etc.; additional water

rights.

1748. Limitations of actions.

1749. Revocation of settlement.

PART B—MICCOSUKEE SETTLEMENT

1750. Congressional findings.

1750a. Definitions.

1750b. Ratification.

1750c. Authority of Secretary.

1750d. Miccosukee Indian Reservation lands.

1750e. Miscellaneous.

(a) Rule of construction.

(b) No reductions in payments.

(c) Taxation.

SUBCHAPTER IV—CONNECTICUT INDIAN LAND

CLAIMS SETTLEMENT

1751. Congressional findings.

1752. Definitions.

1753. Extinguishment of aboriginal titles and Indian claims.

(a) Approval and ratification of prior

transfers.

(b) Extinguishment of title.

(c) Extinguishment of claims.

(d) Savings provision.

(e) Effective date; notice.

1754. Mashantucket Pequot Settlement Fund.

(a) Establishment and administration.

(b) Expenditure of Fund; private settlement lands; economic development

plan; acquisition of land and natural resources.

(c) Transfer of private settlement land as

involuntary conversion.

(d) Documentation of relinquishment of

tribal claims.
TITLE 25—INDIANS Page 496

Sec.

(e) Authorization of appropriation.

1755. State jurisdiction over reservation.

1756. Practice and procedure.

(a) Constitutionality.

(b) Jurisdiction.

(c) Removal of actions.

(d) Jurisdictional acts; implied consent

to sue the United States.

1757. Restriction against alienation.

1758. Extension of Federal recognition and privileges.

(a) Applicability of United States laws

and regulations.

(b) Filing of organic governing document

and amendments.

(c) Eligibility for services and benefits.

1759. General discharge and release of State of Connecticut.

1760. Separability.

SUBCHAPTER V—MASSACHUSETTS INDIAN LAND

CLAIMS SETTLEMENT

1771. Congressional findings and declaration of policy.

1771a. Gay Head Indian claims settlement fund.

(a) Fund established.

(b) Authorization for appropriation.

(c) State contribution required.

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

Head Indians.

(a) Approval of prior transfers.

(b) Extinguishment of aboriginal title.

(c) Extinguishment of claims arising

from prior transfers or extinguishment of aboriginal title.

(d) Personal claims not affected.

1771c. Conditions precedent to Federal purchase of

settlement lands.

(a) Initial determination of State and

local action.

(b) Reliance upon Attorney General of

Massachusetts.

1771d. Purchase and transfer of settlement lands.

(a) Purchase of private settlement lands.

(b) Payment for survey and appraisal.

(c) Acquisition of additional lands.

(d) Transfer and survey of land to

Wampanoag Tribal Council.

(e) Proceedings authorized to acquire or

to perfect title.

(f) Public settlement lands held in trust.

(g) Application.

(h) Spending authority.

1771e. Jurisdiction over settlement lands; restraint

on alienation.

(a) Limitation on Indian jurisdiction

over settlement lands.

(b) Subsequent holder bound to same

terms and conditions.

(c) Reservations of right and authority

relating to settlement lands.

(d) Exemption from State assessment.

1771f. Definitions.

1771g. Applicability of State law.

1771h. Limitations of action; jurisdiction.

1771i. Eligibility.

SUBCHAPTER VI—FLORIDA INDIAN (SEMINOLE)

LAND CLAIMS SETTLEMENT

1772. Findings and policy.

1772a. Definitions.

1772b. Findings by Secretary.

1772c. Approval of prior transfers and extinguishment of claims and aboriginal title involving Florida Indians.

(a) Approval of Settlement Agreement;

effect of approval.

(b) Extinguishment of claims based on

aboriginal title.

Sec.

(c) Construction of subsection (a) and

section 1772e.

1772d. Special provisions for Seminole Tribe.

(a) Acceptance of land by Secretary in

trust for Seminole Tribe.

(b) Survey of Seminole Federal Reservations in Florida.

(c) Acceptance of land in future by Secretary in trust for Seminole Tribe.

(d) Civil and criminal jurisdiction over

lands acquired by United States in

trust for Seminole Tribe.

1772e. Water rights compact.

1772f. Judicial review.

1772g. Revocation of settlement.

SUBCHAPTER VII—WASHINGTON INDIAN

(PUYALLUP) LAND CLAIMS SETTLEMENT

1773. Congressional findings and purpose.

(a) Findings.

(b) Purpose.

1773a. Resolution of Puyallup tribal land claims.

(a) Relinquishment.

(b) Exception for certain lands.

(c) Personal claims.

1773b. Settlement lands.

(a) Acceptance by Secretary.

(b) Contamination.

(c) Lands described.

(d) Reservation status.

(e) Authorization of appropriations.

1773c. Future trust lands.

1773d. Funds to members of Puyallup Tribe.

(a) Payment to individual members.

(b) Permanent trust fund for tribal members.

1773e. Fisheries.

1773f. Economic development and land acquisition.

(a) Economic development and land acquisition fund.

(b) Foreign trade.

(c) Blair project.

1773g. Jurisdiction.

1773h. Miscellaneous provisions.

(a) Liens and forfeitures, etc.

(b) Eligibility for Federal programs;

trust responsibility.

(c) Permanent trust fund not counted for

certain purposes.

(d) Tax treatment of funds and assets.

1773i. Actions by Secretary.

1773j. Definitions.

SUBCHAPTER VIII—SENECA NATION (NEW YORK)

LAND CLAIMS SETTLEMENT

1774. Findings and purposes.

(a) City of Salamanca and congressional

villages.

(b) Purpose.

1774a. Definitions.

1774b. New leases and extinguishment of claims.

(a) New leases.

(b) Extinguishment of claims.

(c) Effective date of leases and relinquishments.

1774c. Responsibilities and restrictions.

(a) Seneca Nation.

(b) Lessees.

(c) United States.

(d) State.

1774d. Settlement funds.

(a) In general.

(b) Funds provided by United States.

(c) Funds to be provided by State.

(d) Time of payments.

(e) Limitation.

1774e. Conditions precedent to payment of United

States and State funds.

1774f. Miscellaneous provisions.
Page 497 TITLE 25—INDIANS § 1702

Sec.

(a) Liens and forfeitures, etc.

(b) Eligibility for Government programs.

(c) Land acquisition.

1774g. Limitation of action.

1774h. Authorization of appropriations.

SUBCHAPTER IX—MOHEGAN NATION

(CONNECTICUT) LAND CLAIMS SETTLEMENT

1775. Findings and purposes.

(a) Findings.

(b) Purposes.

1775a. Definitions.

1775b. Action by Secretary.

(a) In general.

(b) Publication by Secretary.

(c) Effect of publication.

(d) Extinguishment of claims.

(e) Transfers.

(f) Limitation.

(g) Statutory construction.

1775c. Conveyance of lands to United States to be

held in trust for Mohegan Tribe.

(a) In general.

(b) Consultation.

1775d. Consent of United States to State assumption

of criminal jurisdiction.

(a) In general.

(b) Statutory construction.

1775e. Ratification of Town Agreement.

(a) In general.

(b) Approval of Town Agreement.

1775f. General discharge and release of obligations

of State of Connecticut.

1775g. Effect of revocation of State Agreement.

(a) In general.

(b) Right of Mohegan Tribe to reinstate

claim.

1775h. Judicial review.

(a) Jurisdiction.

(b) Deadline for filing.

SUBCHAPTER X—CROW LAND CLAIMS

SETTLEMENT

1776. Findings and purpose.

(a) Findings.

(b) Purpose.

1776a. Definitions.

1776b. Settlement Agreement.

(a) Execution.

(b) Ratification.

(c) Modification.

(d) Enforcement.

1776c. Settlement terms and conditions and extinguishment of claims.

(a) Property within parcel number 1.

(b) Property within parcel number 2.

(c) Property within parcel number 3 and

parcel number 4.

(d) Exchange of public lands.

(e) Crow Tribal Trust Fund.

1776d. Establishment and administration of Crow

Tribal Trust Fund.

(a) Establishment.

(b) Contributions.

(c) Investment.

(d) Distribution of interest.

(e) Use of interest for economic development.

(f) Limitation.

1776e. Eligibility for other Federal services.

1776f. Exchanges of land or minerals.

(a) In general.

(b) Ownership by non-Indians.

1776g. Applicability.

(a) In general.

(b) Approval of releases and waivers.

1776h. Escrow funds.

(a) In general.

(b) Establishment of Suspension Accounts.

Sec.

(c) Contributions to Suspension Accounts.

(d) Limitation.

(e) Investment.

(f) Withdrawals and termination.

1776i. Fort Laramie Treaty of 1868.

1776j. Satisfaction of claims.

1776k. Authorization of appropriations.

SUBCHAPTER I—RHODE ISLAND INDIAN

CLAIMS SETTLEMENT

PART A—GENERAL PROVISIONS

§ 1701. Congressional findings and declaration of

policy

Congress finds and declares that—

(a) there are pending before the United

States District Court for the District of Rhode

Island two consolidated actions that involve

Indian claims to certain public and private

lands within the town of Charlestown, Rhode

Island;

(b) the pendency of these lawsuits has resulted in severe economic hardships for the

residents of the town of Charlestown by clouding the titles to much of the land in the town,

including lands not involved in the lawsuits;

(c) the Congress shares with the State of

Rhode Island and the parties to the lawsuits a

desire to remove all clouds on titles resulting

from such Indian land claims within the State

of Rhode Island; and

(d) the parties to the lawsuits and others interested in the settlement of Indian land

claims within the State of Rhode Island have

executed a Settlement Agreement which requires implementing legislation by the Congress of the United States and the legislature

of the State of Rhode Island.

(Pub. L. 95–395, §2, Sept. 30, 1978, 92 Stat. 813.)

SHORT TITLE

Section 1 of Pub. L. 95–395 provided: ‘‘That this Act

[enacting this subchapter] may be cited as the ‘Rhode

Island Indian Claims Settlement Act’.’’

For short title of Pub. L. 96–420, which enacted subchapter II of this chapter as the ‘‘Maine Indian Claims

Settlement Act of 1980’’, see section 1 of Pub. L. 96–420,

set out as a Short Title note under section 1721 of this

title.

For short title of Pub. L. 97–399, which enacted subchapter III of this chapter as the ‘‘Florida Indian Land

Claims Settlement Act of 1982’’, see section 1 of Pub. L.

97–399, set out as a note under section 1741 of this title.

For short title of Pub. L. 98–134, which enacted subchapter IV of this chapter as the ‘‘Mashantucket

Pequot Indian Claims Settlement Act’’, see section 1 of

Pub. L. 98–134, set out as a note under section 1751 of

this title.

For short title of Pub. L. 100–95, which enacted subchapter V of this chapter as the ’’Wampanoag Tribal

Council of Gay Head, Inc., Indian Claims Settlement

Act of 1987’’, see section 1 of Pub. L. 100–95, set out as

a note under section 1771 of this title.

For short title of Pub. L. 100–228, which enacted subchapter VI of this chapter as the ‘‘Seminole Indian

Land Claims Settlement Act of 1987’’, see section 1 of

Pub. L. 100–228, set out as a note under section 1772 of

this title.

§ 1702. Definitions

For the purposes of this subchapter, the

term—