dreamproit/uscode huggingface dataset:
25 U.S.C. § 1773b (INDIANS)
§ 1773b. Settlement lands
(a) Acceptance by Secretary
The Secretary shall accept the conveyance of the lands described in subsection (c) of this section, and the Outer Hylebos tidelands property referred to in section VIII, A,1,c of the Settlement Agreement, subject to the terms and conditions of the Settlement Agreement and shall hold such lands in trust for the benefit of the Tribe.
(b) Contamination
(1) Contamination audits and cleanup of settlement lands shall be carried out in accordance with the Settlement Agreement and document 1 of the Technical Documents.
(2) The Tribe shall not be liable for the cleanup costs or in any other manner for contamination on properties described in subsection (c) of this section except any contamination caused by the Tribe’s activities after conveyance of these properties to the Tribe under the terms of the Settlement Agreement and document 1 of the Technical Documents.
(c) Lands described
The lands referred to in subsection (a) of this section, and more particularly described in the Settlement Agreement, are as follows:
(1) The Blair Waterway property, comprised of approximately 43.4 acres.
(2) The Blair Backup property, comprised of approximately 85.2 acres.
(3) The Inner Hylebos property, comprised of approximately 72.9 acres.
(4) The Upper Hylebos property, comprised of approximately 5.9 acres.
(5) The Union Pacific property (Fife), comprised of a parcel of approximately 57 acres, and an adjoining 22-acre parcel if the option relating to the Union Pacific property (Fife) (as described in document 1 of the Technical Documents) is exercised.
(6) The Torre property (Fife), comprised of approximately 27.4 acres, unless the Port elects to provide the cash value of such property.
(7) The Taylor Way and East-West Road properties, two properties totaling approximately 7.4 acres.
(8) The submerged lands in the Puyallup River within the 1873 Survey Area below the mean high water line, as provided in section I. B. of the Settlement Agreement. To the extent that the United States has title to any of the lands described in this subpart,1 then such lands shall be held by the United States in trust for the use and benefit of the Puyallup Tribe.
(9) The approximately 600 acres of open space, forest, and cultural lands to be acquired by the Tribe with cash received pursuant to section I of the Settlement Agreement or other tribal funds.
(d) Reservation status
Nothing in this subchapter is intended to affect the boundaries of the Puyallup Reservation, except that the lands described in subsection (c) of this section above in paragraphs (1) through (8), and the Outer Hylebos tidelands property referred to in section VIII of the Settlement Agreement, shall have on-reservation status.
(e) Authorization of appropriations
There is authorized to be appropriated $500,000 for the Federal share for the purchase of the lands referred to in subsection (c)(9) of this section.
(Pub. L. 101–41, § 4, June 21, 1989, 103 Stat. 85.)
25 U.S.C. § 1773c (INDIANS)
§ 1773c. Future trust lands
In accepting lands in trust (other than those described in section 1773b of this title) for the Puyallup Tribe or its members, the Secretary shall exercise the authority provided him in section 465 of this title, and shall apply the standards set forth in part 151 of title 25, Code of Federal Regulations, as those standards now exist or as they may be amended in the future.
(Pub. L. 101–41, § 5, June 21, 1989, 103 Stat. 86.)
25 U.S.C. § 1773e (INDIANS)
§ 1773e. Fisheries
In order to carry out the Federal part of the fisheries aspect of the Settlement Agreement, there is authorized to be appropriated $100,000 for navigation equipment at Commencement Bay to be used in accordance with section A of document 4 of the Technical Documents.
(Pub. L. 101–41, § 7, June 21, 1989, 103 Stat. 87.)
25 U.S.C. § 1773f (INDIANS)
§ 1773f. Economic development and land acquisition
(a) Economic development and land acquisition fund
To the extent provided in advance in appropriation Acts, the Secretary shall disburse $10,000,000 to the Tribe of which—
(1) $9,500,000 shall be available for the Tribe to carry out economic development consistent with section VI of the Settlement Agreement or to acquire lands; and
(2) $500,000 shall be available only to support and assist the development of business enterprises by members of the Tribe in a manner consistent with the Settlement Agreement.
There is authorized to be appropriated $10,000,000 to carry out this subsection.
(b) Foreign trade
The Congress recognizes the right of the Tribe to engage in foreign trade consistent with Federal law and notwithstanding article XII of the treaty with the Nisqually and other bands of Indians entered into on December 26, 1854, and accepted, ratified, and confirmed on March 3, 1855 (11 Stat. 1132).
(c) Blair project
There is authorized to be appropriated to the Secretary the amount of $25,500,000 for the Federal share of the costs associated with the Blair project, which shall be carried out in accordance with document 6 of the Technical Documents. For the purpose of this subsection, the Secretary shall transfer such amount to the Department of Transportation of the State of Washington. Such amount may only be used by the Department of Transportation of the State of Washington to carry out the Blair project in accordance with document 6 of the Technical Documents. Operation and maintenance of the Blair Waterway channel shall remain the responsibility of the Secretary of the Army, acting through the Chief of Engineers.
(Pub. L. 101–41, § 8, June 21, 1989, 103 Stat. 87.)
25 U.S.C. § 1773g (INDIANS)
§ 1773g. Jurisdiction
The Tribe shall retain and exercise jurisdiction, and the United States and the State and political subdivisions thereof shall retain and exercise jurisdiction, as provided in the Settlement Agreement and Technical Documents and, where not provided therein, as otherwise provided by Federal law.
(Pub. L. 101–41, § 9, June 21, 1989, 103 Stat. 88.)
heading: Effective Date
text: Section effective on the effective date of the Settlement Agreement and when all terms are met as stated under section X of the Settlement Agreement, see section 13 of Pub. L. 101–41, set out as a note under section 1773a of this title.
25 U.S.C. § 1773h (INDIANS)
§ 1773h. Miscellaneous provisions
(a) Liens and forfeitures, etc.
(1) None of the funds, assets, or income from the trust fund established in section 1773d(b) of this title which are received by the Tribe under the Settlement Agreement shall be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, or seizure.
(2) The annuity fund, or other investment program, established in section 1773d(a) of this title shall not be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, or seizure. Payments from the fund shall be in accordance with the Act of August 2, 1983 (25 U.S.C. 117a et seq.; commonly referred to as the “Per Capita Act”).
(b) Eligibility for Federal programs; trust responsibility
Nothing in this subchapter or the Settlement Agreement shall affect the eligibility of the Tribe or any of its members for any Federal program or the trust responsibility of the United States and its agencies to the Tribe and members of the Tribe.
(c) Permanent trust fund not counted for certain purposes
None of the funds, assets, or income from the trust fund established in section 1773d(b) of this title shall at any time be used as a basis for denying or reducing funds to the Tribe or its members under any Federal, State, or local program.
(d) Tax treatment of funds and assets
None of the funds or assets transferred to the Tribe or its members by the Settlement Agreement of 1 this subchapter, and none of the interest earned or income received on amounts in the funds established under section 1773d(a) and (b) of this title, shall be deemed to be taxable, nor shall such transfers be taxable events.
(Pub. L. 101–41, § 10, June 21, 1989, 103 Stat. 88.)
heading: References in Text
text: Act of August 2, 1983, referred to in subsec. (a)(2), is Pub. L. 98–64, Aug. 2, 1983, 97 Stat. 365, popularly known as the Per Capita Act, which enacted sections 117a to 117c of this title and repealed section 117 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 117a of this title and Tables.
25 U.S.C. § 1773i (INDIANS)
§ 1773i. Actions by Secretary
The Secretary in administering this subchapter shall be aware of the trust responsibility of the United States to the Tribe and shall take such actions as may be necessary or appropriate to carry out this subchapter and the Settlement Agreement.
(Pub. L. 101–41, § 11, June 21, 1989, 103 Stat. 89.)
25 U.S.C. § 1773j (INDIANS)
§ 1773j. Definitions
For the purposes of this subchapter—
(1) the term “1873 Survey Area” means the area which is within the area demarked by the high water line as meandered and the upland boundaries, as shown on the plat map of the 1873 Survey of the Puyallup Indian Reservation, conducted by the United States General Land Office, and filed in 1874;
(2) the term “Secretary” means the Secretary of the Interior;
(3) the term “Settlement Agreement” means the document entitled “Agreement between the Puyallup Tribe of Indians, Local Governments in Pierce County, the State of Washington, the United States of America, and certain private property owners”, dated August 27, 1988;
(4) the term “State” means the State of Washington;
(5) the term “Technical Documents” means the 7 documents which comprise the technical appendix to the Settlement Agreement and are dated August 27, 1988;
(6) the term “Tribe” means the Puyallup Tribe of Indians, a tribe of Indians recognized by the United States;
(7) the term “below the mean high water line” in reference to the submerged lands of the Puyallup Riverbed means “below the ordinary high water mark” in that portion of the river not subject to tidal influence and “below the mean high water line” in that portion of the river which is subject to tidal influence; and
(8) the term “on-reservation status” means a status under which Federal laws and regulations, treaty rights, and rights of sovereignty, which define the rights and responsibilities on trust or restricted lands (including rights-of-way and easements running through such lands within a Federal Indian reservation) apply: Provided, That such application is not inconsistent with any provision of the Settlement Agreement.
(Pub. L. 101–41, § 12, June 21, 1989, 103 Stat. 89.)
25 U.S.C. § 1774a (INDIANS)
§ 1774a. Definitions
For the purposes of this subchapter—
(1) the term “1890 lease” means a lease made by the Seneca Nation which is subject to—
(A) the Act entitled “An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases” approved February 19, 1875 (chap. 90, 18 Stat. 330); and
(B) the Act entitled “An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases” approved September 30, 1890 (chap. 1132, 26 Stat. 558);
(2) the term “Agreement” means the document executed by the Seneca Nation and the city entitled “Agreement between the Seneca Nation of Indians and the City of Salamanca”, including the appendix to the Agreement;
(3) the term “city” means the city of Salamanca, New York;
(4) the term “lessee” means the holder of an 1890 lease which either expires in 1991 or is one of the leases listed in document 1 of the Technical Documents, including any lessee who holds an 1890 lease by reason of assignment, inheritance, or other manner as provided by the Act referred to in paragraph (1)(A);
(5) the term “memorandum of understanding” means an agreement between the State and the Seneca Nation pertaining to the payment of the funds to be provided pursuant to this subchapter, which memorandum of understanding reflects an agreement between the Seneca Nation and the State concerning a mechanism and schedule of payments for the funds described in section 1774d(c) of this title;
(6) the term “Secretary” means the Secretary of the Interior;
(7) the term “Seneca Nation” means the Seneca Nation of Indians of the Allegany, Cattaraugus, and Oil Spring Reservations;
(8) the term “State” means the State of New York;
(9) the term “Technical Documents” means the documents which comprise the appendix to the Agreement; and
(10) the term “congressional villages” means the villages of Carrollton, Great Valley, and Vandalia in the State of New York.
(Pub. L. 101–503, § 3, Nov. 3, 1990, 104 Stat. 1293.)
heading: References in Text
text: Act entitled “An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases” approved February 19, 1875 (chap. 90, 18 Stat. 330), referred to in pars. (1)(A) and (4), is not classified to the Code.
Act entitled “An Act to authorize the Seneca Nation of New York Indians to lease lands within the Cattaraugus and Allegany Reservations, and to confirm existing leases” approved September 30, 1890 (chap. 1132, 26 Stat. 558), referred to in par. (1)(B), is not classified to the Code.
25 U.S.C. § 1774b (INDIANS)
§ 1774b. New leases and extinguishment of claims
(a) New leases
If the Seneca Nation offers new leases in accordance with the Agreement, this subchapter shall apply with respect to the Seneca Nation. The Seneca Nation shall supply copies of such leases to the Secretary and shall certify in writing that it has supplied the Secretary with copies of written offers to all lessees entitled to an offer.
(b) Extinguishment of claims
The Seneca Nation shall execute appropriate documents relinquishing all claims against the United States, the State, the city, the congressional villages, and all prior lessees for payment of annual rents prior to February 20, 1991, with respect to all prior and existing leases.
(c) Effective date of leases and relinquishments
(1) The relinquishment of claims against the United States shall be effective upon payment by the United States to the Seneca Nation of the funds provided in section 1774d of this title.
(2) The offers, and any acceptances thereof, referred to in subsection (a) of this section, and the relinquishment of claims against the State, the city, the congressional villages, and all prior lessees for payment of annual rents referred to in subsection (b) of this section shall not be binding on the Seneca Nation until after the later of the dates on which (1) Congress, or (2) the legislature of the State appropriates the amount of funds set forth in section 1774d of this title or the Seneca Nation and the State agree upon a schedule and mechanism for payments for funds pursuant to section 1774d(c) of this title. Such agreement shall render the offers, acceptances and the relinquishment effective so long as the payments are made as agreed upon by the Seneca Nation and the State.
(Pub. L. 101–503, § 4, Nov. 3, 1990, 104 Stat. 1294.)
25 U.S.C. § 1774c (INDIANS)
§ 1774c. Responsibilities and restrictions
(a) Seneca Nation
The Congress finds that the Seneca Nation is solely responsible for negotiation of the leases under the Agreement in its own interest and approval of any such lease by the United States is not required.
(b) Lessees
The Congress finds that—
(1) the lessees of leases with the Seneca Nation are responsible for representing their own interest in lease negotiations with the Seneca Nation; and
(2) nothing in this subchapter shall be construed to prevent the lessees from collectively negotiating with the Seneca Nation regarding such leases, whether through informal groups or as delegations formally sanctioned by either the State or local governments.
(c) United States
(1) The United States shall not serve in a capacity to approve leases of the Seneca Nation.
(2) Federal funds may not be obligated or expended, directly or indirectly, for annual payments under any such lease, except for funds that may be available under a conventional, nationwide program.
(d) State
(1) The State shall not serve in a capacity to approve leases of the Seneca Nation.
(2) State funds may not be obligated or expended, directly or indirectly, for annual payments under any such lease.
(Pub. L. 101–503, § 5, Nov. 3, 1990, 104 Stat. 1295.)
25 U.S.C. § 1774e (INDIANS)
§ 1774e. Conditions precedent to payment of United States and State funds
Amounts may not be expended from—
(1) the $30,000,000 and the $5,000,000 provided by the United States under section 1774d(b) of this title, and
(2) the $16,000,000 and $9,000,000 provided by the State under section 1774d(c) of this title,
until after the authorized officials of the Seneca Nation execute new leases with all lessees who accept the Seneca Nation’s offer of a new lease, as filed with the Secretary under section 1774b(a) of this title, and execute appropriate documents relinquishing all claims for payment of annual rents prior to February 20, 1991, with respect to such leases.
(Pub. L. 101–503, § 7, Nov. 3, 1990, 104 Stat. 1296.)
25 U.S.C. § 1774f (INDIANS)
§ 1774f. Miscellaneous provisions
(a) Liens and forfeitures, etc.
Subject to subsection (b) of this section, the provisions of section 1407 of this title shall apply to any payment of funds authorized to be appropriated under this subchapter and made to individual members of the Seneca Nation. None of the payments, funds, or distributions authorized, established, or directed by this subchapter, and none of the income derived therefrom, which may be received under this subchapter by the Seneca Nation or individual members of the Seneca Nation, shall be subject to levy, execution, forfeiture, garnishment, lien, encumbrance, seizure, or State or local taxation.
(b) Eligibility for Government programs
None of the payments, funds or distributions authorized, established, or directed by this subchapter, and none of the income derived therefrom, shall affect the eligibility of the Seneca Nation or its members for, or be used as a basis for denying or reducing funds under, any Federal program.
(c) Land acquisition
Land within its aboriginal area in the State or situated within or near proximity to former reservation land may be acquired by the Seneca Nation with funds appropriated pursuant to this subchapter. State and local governments shall have a period of 30 days after notification by the Secretary or the Seneca Nation of acquisition of, or intent to acquire such lands to comment on the impact of the removal of such lands from real property tax rolls of State political subdivisions. Unless the Secretary determines within 30 days after the comment period that such lands should not be subject to the provisions of section 2116 of the Revised Statutes (25 U.S.C. 177), such lands shall be subject to the provisions of that Act 1 and shall be held in restricted fee status by the Seneca Nation. Based on the proximity of the land acquired to the Seneca Nation’s reservations, land acquired may become a part of and expand the boundaries of the Allegany Reservation, the Cattaraugus Reservation, or the Oil Spring Reservation in accordance with the procedures established by the Secretary for this purpose.
(Pub. L. 101–503, § 8, Nov. 3, 1990, 104 Stat. 1296.)
25 U.S.C. § 1774g (INDIANS)
§ 1774g. Limitation of action
Notwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this subchapter shall be barred unless the action is filed on or before the date which is 180 days after November 3, 1990. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the Western District of New York.
(Pub. L. 101–503, § 9, Nov. 3, 1990, 104 Stat. 1297.)
25 U.S.C. § 1775 (INDIANS)
§ 1775. Findings and purposes
(a) Findings
Congress finds the following:
(1) The Mohegan Tribe of Indians of Connecticut received recognition by the United States pursuant to the administrative process under part 83 of title 25 of the Code of Federal Regulations.
(2) The Mohegan Tribe of Indians of Connecticut is the successor in interest to the aboriginal entity known as the Mohegan Indian Tribe.
(3) The Mohegan Tribe has existed in the geographic area that is currently the State of Connecticut for a long period preceding the colonial period of the history of the United States.
(4) Certain lands were sequestered as tribal lands by the Colony of Connecticut and subsequently by the State of Connecticut.
(5) The Mohegan Tribe of Indians of Connecticut v. State of Connecticut, et al. (Civil Action No. H–77–434, pending before the United States District Court for the Southern District of Connecticut) relates to the ownership of certain lands within the State of Connecticut.
(6) Such action will likely result in economic hardships for residents of the State of Connecticut, including residents of the town of Montville, Connecticut, by encumbering the title to lands in the State, including lands that are not currently the subject of the action.
(7) The State of Connecticut and the Mohegan Tribe have executed agreements for the purposes of resolving all disputes between the State of Connecticut and the Mohegan Tribe and providing a settlement for the action referred to in paragraph (5).
(8) In order to implement the agreements referred to in paragraphs (5) and (6) of section 1775a of this title that address matters of jurisdiction with respect to certain offenses committed by and against members of the Mohegan Tribe and other Indians in Indian country and matters of gaming-related development, it is necessary for the Congress to enact legislation.
(9) The town of Montville, Connecticut, will—
(A) be affected by the loss of a tax base from, and jurisdiction over, lands that will be held in trust by the United States on behalf of the Mohegan Tribe; and
(B) serve as the host community for the gaming operations of the Mohegan Tribe.
(10) The town of Montville and the Mohegan Tribe have entered into an agreement to resolve issues extant between them and to establish the basis for a cooperative government-to-government relationship.
(b) Purposes
The purposes of this subchapter are as follows:
(1) To facilitate the settlement of claims against the State of Connecticut by the Mohegan Tribe.
(2) To facilitate the removal of any encumbrance to any title to land in the State of Connecticut that would have resulted from the action referred to in subsection (a) of this section.
(Pub. L. 103–377, § 2, Oct. 19, 1994, 108 Stat. 3501.)
heading: Short Title
text: Pub. L. 103–377, § 1, Oct. 19, 1994, 108 Stat. 3501, provided that: “This Act [enacting this subchapter] may be cited as the ‘Mohegan Nation of Connecticut Land Claims Settlement Act of 1994’.”