Page 527 TITLE 25—INDIANS § 1772c

South Florida Water Management District

have agreed to pay to the tribe under the Settlement Agreement.

(8) The term ‘‘compact’’ means the Compact

incorporated in the Settlement Agreement between the tribe, the State, and the district,

which specifically defines the nature and extent of Seminole water rights and the manner

of their use within the confines of the area of

the district.

(Pub. L. 100–228, §3, Dec. 31, 1987, 101 Stat. 1557.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1772c of this

title.

§ 1772b. Findings by Secretary

(a) Section 1772c of this title shall not take effect until 180 days after December 31, 1987, or the

date the last of the events described in subsection (b) of this section have occurred and the

Secretary so finds, whichever date occurs later.

(b) The events referred to in subsection (a) of

this section are—

(1) the State and district pay settlement

funds pursuant to the terms of the Settlement

Agreement for the case captioned Seminole

Tribe of Indians of Florida v. State of Florida

et al., or equivalent consideration by land exchange to the tribe; and

(2) the State enacts appropriate legislation

to carry out the commitments under the Settlement Agreement including the compact between the State, the district and the tribe, and

the State and the district have given the waiver specified in paragraph 5c of such agreement.

(Pub. L. 100–228, §4, Dec. 31, 1987, 101 Stat. 1557.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1772c of this

title.

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

(a) Approval of Settlement Agreement; effect of

approval

(1) Effective on December 31, 1987, the Congress does hereby approve the Settlement Agreement, including the compact, and any exhibits

attached thereto.

(2) Subject to the provisions of section 1772b of

this title, the Secretary shall publish findings

required by section 1772b of this title and the

Settlement Agreement in the Federal Register,

and upon such publication—

(A) the transfers, waivers, releases, relinquishments and other commitments made by

the tribe in the Settlement Agreement with

the State and the district, including the compact provided for in the Settlement Agreement, shall be in full force and effect on the

terms and conditions stated in such settlement, and

(B) the transfers, waivers, releases, relinquishments and other commitments validated

by subparagraph (A) and the transfers and

extinguishments approved and validated by

paragraphs (1) and (2) of subsection (b) of this

section 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 lands or natural resources from, by, or on behalf of any Indian,

Indian nation, or tribe of Indians including but

not limited to the Trade and Intercourse Act

of 1790, Act of July 22, 1790 (25 U.S.C. 177, ch.

33, sec. 4, 1 Stat. 137).

(b) Extinguishment of claims based on aboriginal

title

(1)(A) Subject to subparagraph (B), all claims

to lands within the State based upon aboriginal

title by the tribe or any predecessor or successor

in interest, are hereby extinguished. Any transfer of lands or natural resources located anywhere within the State, including transfers pursuant to a statute or treaty with any State or

the United States, by, from, or on behalf of the

tribe or any predecessor or successor in interest,

shall be deemed to be in full force and effect, as

provided in subsection (a)(2) of this section.

(B) Nothing in this paragraph shall be construed as extinguishing any aboriginal right,

title, interest, or claim to lands or natural resources solely to the extent of the rights or interests defined as ‘‘excepted interests’’ in paragraph 4a of the Settlement Agreement between

the tribe, State and the district.

(2)(A) By virtue of the approval of a transfer of

lands or natural resources effected by this section, or an extinguishment of aboriginal title effected thereby, all claims against the United

States, the State or subdivision thereof, or any

other person or entity, by the tribe or any predecessor or successor in interest, arising subsequent to the transfer and based upon any interest in or right involving such lands or natural

resources, including claims for trespass damages

or claims for use and occupancy, shall be extinguished as of the date of the transfer.

(B) The United States shall not be liable directly or indirectly for any claim or cause of action arising from the approval of the Settlement

Agreement and compact or exhibits attached

thereto.

(3) Nothing in this subchapter shall be construed as extinguishing any right, title, interest,

or claim to lands or natural resources in the

State based on use and occupancy or acquired

under Federal or State law by any individual Indian which is not derived from or through the

tribe, its predecessor or predecessors in interest,

or some other American Indian tribe.

(4) Any Indian, Indian nation, or tribe of Indians, other than the Seminole Tribe as defined in

section 1772a(1) of this title, or any predecessor

or successor in interest, or any member thereof,

whose transfer of lands or natural resources is

approved or whose aboriginal title or claims is

extinguished by paragraph (1) or (2) of this subsection may, within a period of one year after

publication of the Secretary’s finding pursuant

to subsection (a) of this section, bring an action

against the State and the United States in the

United States District Court for the southern

district of Florida. Such action shall be in lieu

of a suit against any other person, agency, or

political subdivision on a cause of action which

may have existed in the absence of this subsection.