§ 1754 TITLE 25—INDIANS Page 520

(e) Effective date; notice

(1) This section shall take effect upon the appropriation of $900,000 as authorized under section 1754(e) of this title.

(2) The Secretary shall publish notice of such

appropriation in the Federal Register when the

funds are deposited in the fund established

under section 1754(a) of this title.

(Pub. L. 98–134, §4, Oct. 18, 1983, 97 Stat. 852.)

REFERENCES IN TEXT

The Trade and Intercourse Act of 1790, Act of July 22,

1790 (ch. 33, sec. 4, 1 Stat. 137, 138), 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.

CODIFICATION

In subsec. (a), ‘‘October 18, 1983’’ substituted for ‘‘the

date of enactment of this Act’’, meaning the date of approval of Pub. L. 98–134.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1754, 1760 of this

title.

§ 1754. Mashantucket Pequot Settlement Fund

(a) Establishment and administration

There is hereby established in the United

States Treasury an account to be known as the

Mashantucket Pequot Settlement Fund (hereinafter referred to in this section as the ‘‘Fund’’).

The Fund shall be held in trust by the Secretary

for the benefit of the Tribe and administered in

accordance with this subchapter.

(b) Expenditure of Fund; private settlement

lands; economic development plan; acquisition of land and natural resources

(1) The Secretary is authorized and directed to

expend, at the request of the Tribe, the Fund together with any and all income accruing to such

Fund in accordance with this subsection.

(2) Not less than $600,000 of the Fund shall be

available until January 1, 1985, for the acquisition by the Secretary of private settlement

lands. Subsequent to January 1, 1985, the Secretary shall determine whether and to what extent an amount less than $600,000 has been expended to acquire private settlement lands and

shall make that amount available to the Tribe

to be used in accordance with the economic development plan approved pursuant to paragraph

(3).

(3)(A) The Secretary shall disburse all or part

of the Fund together with any and all income

accruing to such Fund (excepting the amount

reserved in paragraph (2)) according to a plan to

promote the economic development of the Tribe.

(B) The Tribe shall submit an economic development plan to the Secretary and the Secretary

shall approve such plan within sixty days of its

submission if he finds that it is reasonably related to the economic development of the Tribe.

If the Secretary does not approve such plan, he

shall, at the time of his decision, set forth in

writing and with particularity, the reasons for

his disapproval.

(C) The Secretary may not agree to terms

which provide for the investment of the Fund in

a manner inconsistent with section 162a of this

title, unless the Tribe first submits a specific

waiver of liability on the part of the United

States for any loss which may result from such

an investment.

(D) The Tribe may, with the approval of the

Secretary, alter the economic development plan

subject to the conditions set forth in subparagraph (B).

(4) Under no circumstances shall any part of

the Fund be distributed to any member of the

Tribe unless pursuant to the economic development plan approved by the Secretary under

paragraph (3).

(5) As the Fund or any portion thereof is disbursed by the Secretary in accordance with this

section, the United States shall have no further

trust responsibility to the Tribe or its members

with respect to the sums paid, any subsequent

expenditures of these sums, or any property

other than private settlement lands or services

purchased with these sums.

(6) Until the Tribe has submitted and the Secretary has approved the terms of the use of the

Fund, the Secretary shall fix the terms for the

administration of the portion of the Fund as to

which there is no agreement.

(7) Lands or natural resources acquired under

this subsection which are located within the settlement lands shall be held in trust by the

United States for the benefit of the Tribe.

(8) Land or natural resources acquired under

this subsection which are located outside of the

settlement lands shall be held in fee by the

Mashantucket Pequot Tribe, and the United

States shall have no further trust responsibility

with respect to such land and natural resources.

Such land and natural resources shall not be

subject to any restriction against alienation

under the laws of the United States.

(9) Notwithstanding the provisions of section

257 of title 40 and section 258a of title 40, the

Secretary may acquire land or natural resources

under this section from the ostensible owner of

the land or natural resources only if the Secretary and the ostensible owner of the land or

natural resources have agreed upon the identity

of the land or natural resources to be sold and

upon the purchase price and other terms of sale.

Subject to the agreement required by the preceding sentence, the Secretary may institute

condemnation proceedings in order to perfect

title, satisfactory to the Attorney General, in

the United States and condemn interests adverse to the ostensible owner.

(c) Transfer of private settlement land as involuntary conversion

For the purpose of subtitle A of title 26, any

transfer of private settlement lands to which

subsection (b) of this section applies shall be

deemed to be an involuntary conversion within

the meaning of section 1033 of title 26.

(d) Documentation of relinquishment of tribal

claims

The Secretary may not expend on behalf of the

Tribe any sums deposited in the Fund established pursuant to subsection (a) of this section

unless and until he finds that authorized officials of the Tribe have executed appropriate documents relinquishing all claims to the extent

provided by sections 1753 and 1759 of this title,

including stipulations to the final judicial dismissal with prejudice of its claims.
Page 521 TITLE 25—INDIANS § 1759

(e) Authorization of appropriation

There is authorized to be appropriated $900,000

to be deposited in the Fund.

(Pub. L. 98–134, §5, Oct. 18, 1983, 97 Stat. 853; Pub.

L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

AMENDMENTS

1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal

Revenue Code of 1986’’ for ‘‘Internal Revenue Code of

1954’’ wherever appearing, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no

change in text.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1753 of this title.

§ 1755. State jurisdiction over reservation

Notwithstanding the provision relating to a

special election in section 406 of the Act of April

11, 1968 (82 Stat. 80; 25 U.S.C. 1326), the reservation of the Tribe is declared to be Indian country subject to State jurisdiction to the maximum extent provided in title IV of such Act [25

U.S.C. 1321 et seq.].

(Pub. L. 98–134, §6, Oct. 18, 1983, 97 Stat. 855.)

REFERENCES IN TEXT

Act of April 11, 1968, referred to in text, is Pub. L.

90–284, Apr. 11, 1968, 82 Stat. 73, as amended, known as

the Civil Rights Act of 1968. Title IV of Pub. L. 90–284

is classified generally to subchapter III (§1321 et seq.) of

chapter 15 of this title. For complete classification of

this Act to the Code, see Short Title note set out under

section 3601 of Title 42, The Public Health and Welfare,

and Tables.

§ 1756. Practice and procedure

(a) Constitutionality

Notwithstanding any other provision of law,

the constitutionality of this subchapter may not

be drawn into question in any action unless such

question has been raised in—

(1) a pleading contained in a complaint filed

before the end of the one-hundred-and-eightyday period beginning on October 18, 1983, or

(2) an answer contained in a reply to a complaint before the end of such period.

(b) Jurisdiction

Notwithstanding any other provision of law,

exclusive jurisdiction of any action in which the

constitutionality of this subchapter is drawn

into question is vested in the United States District Court for the District of Connecticut.

(c) Removal of actions

Any action to which subsection (a) of this section applies and which is brought in the court of

any State may be removed by the defendant to

the United States District Court for the District

of Connecticut.

(d) Jurisdictional acts; implied consent to sue

the United States

Except as provided in this subchapter, no provision of this subchapter shall be construed to

constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to

any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by

the operation of this subchapter.

(Pub. L. 98–134, §7, Oct. 18, 1983, 97 Stat. 855.)

CODIFICATION

In subsec. (a)(1), ‘‘October 18, 1983’’ substituted for

‘‘the date of the enactment of this Act’’, meaning the

date of approval of Pub. L. 98–134.

§ 1757. Restriction against alienation

(a) Subject to subsection (b) of this section,

lands within the reservation which are held in

trust by the Secretary for the benefit of the

Tribe or which are subject to a Federal restraint

against alienation at any time after October 18,

1983, shall be subject to the laws of the United

States relating to Indian lands, including section 177 of this title.

(b) Notwithstanding subsection (a) of this section, the Tribe may lease lands for any term of

years to the Mashantucket Pequot Housing Authority, or any successor in interest to such Authority.

(Pub. L. 98–134, §8, Oct. 18, 1983, 97 Stat. 855.)

CODIFICATION

In subsec. (a), ‘‘October 18, 1983’’ substituted for ‘‘the

date of the enactment of this Act’’, meaning the date

of approval of Pub. L. 98–134.

§ 1758. Extension of Federal recognition and

privileges

(a) Applicability of United States laws and regulations

Notwithstanding any other provision of law,

Federal recognition is extended to the Tribe. Except as otherwise provided in this subchapter,

all laws and regulations of the United States of

general application to Indians or Indian nations,

tribes or bands of Indians which are not inconsistent with any specific provision of this subchapter shall be applicable to the Tribe.

(b) Filing of organic governing document and

amendments

The Tribe shall file with the Secretary a copy

of its organic governing document and any

amendments thereto. Such instrument must be

consistent with the terms of this subchapter and

the Act to Implement the Settlement of the

Mashantucket Pequot Indian Land Claim as enacted by the State of Connecticut and approved

June 9, 1982.

(c) Eligibility for services and benefits

Notwithstanding any other provision of law,

the Tribe and members of the Tribe shall be eligible for all Federal services and benefits furnished to federally recognized Indian tribes as of

October 18, 1983.

(Pub. L. 98–134, §9, Oct. 18, 1983, 97 Stat. 855.)

CODIFICATION

In subsec. (c), ‘‘October 18, 1983’’ substituted for ‘‘the

date of enactment of this Act’’, meaning the date of approval of Pub. L. 98–134.

§ 1759. General discharge and release of State of

Connecticut

Except as expressly provided herein, this subchapter shall constitute a general discharge and

release of all obligations of the State of Con-