dreamproit/uscode huggingface dataset:
25 U.S.C. § 1757 (INDIANS)
§ 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.)
heading: Codification
text: 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.
25 U.S.C. § 1757a (INDIANS)
§ 1757a. Extensions of leases of certain land by Mashantucket Pequot (Western) Tribe
(a) In general
Any lease of restricted land of the Mashantucket Pequot (Western) Tribe (referred to in this section as the “Tribe”) entered into on behalf of the Tribe by the tribal corporation of the Tribe chartered pursuant to section 477 of this title may include an option to renew the lease for not more than 2 additional terms, each of which shall not exceed 25 years, subject only to the approval of the tribal council of the Tribe.
(b) Liability of United States
The United States shall not be liable to any party for any loss resulting from a renewal of a lease entered into pursuant to subsection (a).
(c) Prohibition on gaming activities
No entity may conduct any gaming activity (within the meaning of section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) pursuant to a claim of inherent authority or any Federal law (including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and any regulations promulgated by the Secretary of the Interior or the National Indian Gaming Commission pursuant to that Act) on any land that is leased with an option to renew the lease in accordance with this section.
(Pub. L. 110–228, § 1, May 8, 2008, 122 Stat. 753.)
heading: References in Text
text: The Indian Gaming Regulatory Act, referred to in subsec. (c), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
heading: Codification
text: Section was not enacted as part of the Mashantucket Pequot Indian Claims Settlement Act which comprises this subchapter.
25 U.S.C. § 1758 (INDIANS)
§ 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.)
heading: Codification
text: 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.
25 U.S.C. § 1759 (INDIANS)
§ 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 Connecticut and all of its political subdivisions, agencies, departments, and all of the officers or employees thereof arising from any treaty or agreement with, or on behalf of the Tribe or the United States as trustee therefor.
(Pub. L. 98–134, § 10, Oct. 18, 1983, 97 Stat. 856.)
25 U.S.C. § 1760 (INDIANS)
§ 1760. Separability
In the event that any provision of section 1753 of this title is held invalid, it is the intent of Congress that the entire subchapter be invalidated. In the event that any other section or provision of this subchapter is held invalid, it is the intent of Congress that the remaining sections of this subchapter shall continue in full force and effect.
(Pub. L. 98–134, § 11, Oct. 18, 1983, 97 Stat. 856.)
25 U.S.C. § 1771 (INDIANS)
§ 1771. Congressional findings and declaration of policy
The Congress hereby finds and declares that—
(1) there is pending before the United States District Court for the District of Massachusetts a lawsuit that involves Indian claims to certain public lands within the town of Gay Head, Massachusetts;
(2) the pendency of this lawsuit has resulted in severe economic hardships for the residents of the town of Gay Head by clouding the titles to much of the land in the town, including land not involved in the lawsuit;
(3) the Congress shares with the Commonwealth of Massachusetts and the parties to the lawsuit a desire to remove all clouds on titles resulting from such Indian land claim; 1
(4) the parties to the lawsuit and others interested in settlement of Indian land claims within the Commonwealth of Massachusetts executed a Settlement Agreement which, to become effective, requires implementing legislation by the Congress of the United States and the General Court of the Commonwealth of Massachusetts;
(5) the town of Gay Head has agreed to contribute approximately 50 percent of the land involved in this settlement;
(6) the State of Massachusetts has agreed to provide up to $2,250,000 to be used for the purchase of land to be held in trust by the Secretary for the use and benefit of the Wampanoag Tribal Council of Gay Head, Inc.; and
(7) the Secretary has acknowledged the existence of the Wampanoag Tribal Council of Gay Head, Inc. as an Indian tribe and Congress hereby ratifies and confirms that existence as an Indian tribe with a government to government relationship with the United States.
(Pub. L. 100–95, § 2, Aug. 18, 1987, 101 Stat. 704.)
heading: Effective Date
text: Pub. L. 100–95, § 11, Aug. 18, 1987, 101 Stat. 710, provided that:
“(a) In General.—
Except as provided in subsection (b), this Act [enacting this subchapter] shall take effect upon the date of enactment [Aug. 18, 1987].
“(b) Exception.—
Section 4 [25 U.S.C. 1771b] shall take effect upon the date on which the title of all of the private settlement lands provided for in this Act to the Wampanoag Tribal Council of Gay Head, Inc. is transferred. The fact of such transfer, and the date thereof, shall be certified and recorded by the Secretary of the Commonwealth of Massachusetts.”
heading: Short Title
text: Pub. L. 100–95, § 1, Aug. 18, 1987, 101 Stat. 704, provided that: “This Act [enacting this subchapter] may be cited as the ‘Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987’.”
25 U.S.C. § 1771a (INDIANS)
§ 1771a. Gay Head Indian claims settlement fund
(a) Fund established
There is hereby established within the Treasury of the United States a fund to be known as the “Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund”. Amounts in the fund shall be available to the Secretary to carry out the purposes of this subchapter.
(b) Authorization for appropriation
There is hereby authorized to be appropriated $2,250,000 for such fund to remain available until expended.
(c) State contribution required
Amounts may be expended from the fund only upon deposit by the State of Massachusetts into the fund of an amount equal to that amount to be expended by the United States so that both the United States and the State of Massachusetts bear one-half of the cost of the acquisition of lands under section 1771d of this title.
(Pub. L. 100–95, § 3, Aug. 18, 1987, 101 Stat. 704.)
25 U.S.C. § 1771c (INDIANS)
§ 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.)
25 U.S.C. § 1771e (INDIANS)
§ 1771e. Jurisdiction over settlement lands; restraint on alienation
(a) Limitation on Indian jurisdiction over settlement lands
The Wampanoag Tribal Council of Gay Head, Inc., shall not have any jurisdiction over nontribal members and shall not exercise any jurisdiction over any part of the settlement lands in contravention of this subchapter, the civil regulatory and criminal laws of the Commonwealth of Massachusetts, the town of Gay Head, Massachusetts, and applicable Federal laws.
(b) Subsequent holder bound to same terms and conditions
Any tribe or tribal organization which acquires any settlement land or any other land that may now or in the future be owned by or held in trust for any Indian entity in the town of Gay Head, Massachusetts, from the Wampanoag Tribal Council of Gay Head, Inc. shall hold such beneficial interest to such land subject to the same terms and conditions as are applicable to such lands when held by such council.
(c) Reservations of right and authority relating to settlement lands
No provision of this subchapter shall affect or otherwise impair—
(1) any authority to impose a lien or temporary seizure on the settlement lands as provided in the State Implementing Act;
(2) the authority of the Secretary to approve leases in accordance with sections 415 to 415d of this title; or
(3) the legal capacity of the Wampanoag Tribal Council of Gay Head, Inc. to transfer the settlement lands to any tribal entity which may be organized as a successor in interest to Wampanoag Tribal Council of Gay Head, Inc. or to transfer—
(A) the right to use the settlement lands to its members,
(B) any easement for public or private purposes in accordance with the laws of the Commonwealth of Massachusetts or the ordinances of the town of Gay Head, Massachusetts, or
(C) title to the West Basin Strip to the town of Gay Head, Massachusetts, pursuant to the terms of the Settlement Agreement.
(d) Exemption from State assessment
Any land held in trust by the Secretary for the benefit of the Wampanoag Tribal Council of Gay Head, Inc. shall be exempt from taxation or lien or “in lieu of payment” or other assessment by the State or any political subdivision of the State to the extent provided by the Settlement Agreement: Provided, however, That such taxation or lien or “in lieu of payment” or other assessment will only apply to lands which are zoned and utilized as commercial: Provided further, That this section shall not be interpreted as restricting the Tribe from entering into an agreement with the town of Gay Head to reimburse such town for the delivery of specific public services on the tribal lands.
(Pub. L. 100–95, § 7, Aug. 18, 1987, 101 Stat. 707.)
heading: References in Text
text: Sections 415 to 415d of this title, referred to in subsec. (c)(2), was in the original “the Act entitled ‘An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases’, approved August 9, 1955 (25 U.S.C. 415 et seq.)”, which enacted sections 415 to 415d of this title and amended section 396 of this title.
25 U.S.C. § 1771g (INDIANS)
§ 1771g. Applicability of State law
Except as otherwise expressly provided in this subchapter or in the State Implementing Act, the settlement lands and any other land that may now or hereafter be owned by or held in trust for any Indian tribe or entity in the town of Gay Head, Massachusetts, shall be subject to the civil and criminal laws, ordinances, and jurisdiction of the Commonwealth of Massachusetts 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.)
25 U.S.C. § 1771h (INDIANS)
§ 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.)
25 U.S.C. § 1771i (INDIANS)
§ 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.)
25 U.S.C. § 1772 (INDIANS)
§ 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.)
heading: Effective Date
text: Pub. L. 100–228, § 10, Dec. 31, 1987, 101 Stat. 1561, provided that: “This Act [enacting this subchapter] shall take effect upon the date of its enactment [Dec. 31, 1987].”
heading: Short Title
text: Pub. L. 100–228, § 1, Dec. 31, 1987, 101 Stat. 1556, provided that: “This Act [enacting this subchapter] may be cited as the ‘Seminole Indian Land Claims Settlement Act of 1987’.”
25 U.S.C. § 1772a (INDIANS)
§ 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 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.)
25 U.S.C. § 1772b (INDIANS)
§ 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.)
25 U.S.C. § 1772e (INDIANS)
§ 1772e. Water rights compact
The compact defining the scope of Seminole water rights and their utilization by the tribe shall have the force and effect of Federal law for the purposes of enforcement of the rights and obligations of the tribe.
(Pub. L. 100–228, § 7, Dec. 31, 1987, 101 Stat. 1560.)
25 U.S.C. § 1772f (INDIANS)
§ 1772f. Judicial review
(a) Notwithstanding any other provision of law, any action to contest the constitutionality of this subchapter shall be barred unless the complaint is filed within 180 days after December 31, 1987. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the southern district of Florida.
(b) Notwithstanding any present immunity from suit enjoyed by any of the parties, jurisdiction regarding any controversy arising under the Settlement Agreement or compact or private agreement between the tribe and any third party entered into under authority of the compact is hereby vested in the United States District Court for the southern district of Florida. Such jurisdiction shall be exclusive except that the court shall not have jurisdiction to award money damages against the State, the district or the tribe. Proceedings in the district court under this section shall be expedited consistent with sound judicial discretion.
(Pub. L. 100–228, § 8, Dec. 31, 1987, 101 Stat. 1561.)
25 U.S.C. § 1772g (INDIANS)
§ 1772g. Revocation of settlement
In the event the Settlement Agreement or any part thereof is ever invalidated—
(1) the transfers, waivers, releases, relinquishments and any other commitments made by the State, the tribe, or the district in the Settlement Agreement shall no longer be of any force or effect;
(2) section 1772c of this title shall be inapplicable as if such section was never enacted with respect to the lands, interests in lands, or natural resources of the tribe and its members; and
(3) the approvals of prior transfers and the extinguishment of claims and aboriginal title of the tribe otherwise effected by section 1772c of this title shall be void ab initio.
(Pub. L. 100–228, § 9, Dec. 31, 1987, 101 Stat. 1561.)