dreamproit/uscode huggingface dataset:
25 U.S.C. § 1775a (INDIANS)
§ 1775a. Definitions
As used in this subchapter:
(1) Lands or natural resources
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 any right or interest in minerals, timber, or water, and any hunting or fishing rights.
(2) Mohegan Tribe
The term “Mohegan Tribe” means the Mohegan Tribe of Indians of Connecticut, a tribe of American Indians recognized by the United States pursuant to part 83 of title 25, Code of Federal Regulations, and the State of Connecticut pursuant to section 47–59a(b) of the Connecticut General Statutes.
(3) Secretary
The term “Secretary” means the Secretary of the Interior.
(4) State
The term “State” means the State of Connecticut.
(5) State Agreement
The term “State Agreement” means the Agreement between the Mohegan Tribe and the State of Connecticut, executed on May 17, 1994, by the Governor of the State of Connecticut and the Chief of the Mohegan Tribe, that was filed with the Secretary of State of the State of Connecticut.
(6) Town Agreement
The term “Town Agreement” means the agreement executed on June 16, 1994, by the Mayor of the town of Montville and the Chief of the Mohegan Tribe.
(7) Transfer
The term “transfer” includes any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which is to effect a sale, grant, lease, allotment, partition, or conveyance, or any event that results in a change of possession or control of land or natural resources.
(Pub. L. 103–377, § 3, Oct. 19, 1994, 108 Stat. 3502.)
25 U.S.C. § 1775c (INDIANS)
§ 1775c. Conveyance of lands to United States to be held in trust for Mohegan Tribe
(a) In general
Subject to the environmental requirements that apply to land acquisitions covered under part 151 of title 25, Code of Federal Regulations (or any subsequent similar regulation), the Secretary shall take such action as may be necessary to facilitate the conveyance to the United States of title to lands described in exhibits A and B of the State Agreement. Such lands shall be held by the United States in trust for the use and benefit of the Mohegan Tribe as the initial Indian reservation of the Mohegan Tribe.
(b) Consultation
(1) In general
The Secretary shall consult with the appropriate official of the town of Montville concerning any tract of land subject to exhibit B of the State Agreement but not specifically identified in such exhibit with respect to the impact on the town resulting from—
(A) the removal of the land from taxation by the town;
(B) problems concerning the determination of jurisdiction; and
(C) potential land use conflicts.
(2) Statutory construction
Nothing in this subchapter may affect the right of the town of Montville to participate, under any applicable law, in decisionmaking processes concerning the acquisition of any lands by the Federal Government to be held in trust for the Mohegan Tribe.
(Pub. L. 103–377, § 5, Oct. 19, 1994, 108 Stat. 3504.)
25 U.S.C. § 1775d (INDIANS)
§ 1775d. Consent of United States to State assumption of criminal jurisdiction
(a) In general
Subject to subsection (b) of this section, the consent of the United States is hereby given to the assumption of jurisdiction by the State of Connecticut over criminal offenses committed by or against Indians on the reservation of the Mohegan Tribe. The State shall have such jurisdiction to the same extent as the State has jurisdiction over such offenses committed elsewhere within the State. The criminal laws of the State shall have the same force within such reservation and Indian country as such laws have elsewhere within the State.
(b) Statutory construction
(1) Effect on concurrent jurisdiction of the Mohegan Tribe
The assumption of criminal jurisdiction by the State pursuant to subsection (a) of this section shall not affect the concurrent jurisdiction of the Mohegan Tribe over matters concerning such criminal offenses.
(2) Statutory construction
The assumption of criminal jurisdiction by the State pursuant to subsection (a) of this section shall not be construed as a waiver of the jurisdiction of the United States under section 1153 of title 18.
(Pub. L. 103–377, § 6, Oct. 19, 1994, 108 Stat. 3505.)
25 U.S.C. § 1775e (INDIANS)
§ 1775e. Ratification of Town Agreement
(a) In general
Notwithstanding any other provision of law, the consent of the United States is hereby given to the Town Agreement and the Town Agreement shall be in full force and effect.
(b) Approval of Town Agreement
The Secretary shall approve any subsequent amendments made to the Town Agreement after October 19, 1994, that are—
(1) mutually agreed on by the parties to the Town Agreement; and
(2) consistent with applicable law.
(Pub. L. 103–377, § 7, Oct. 19, 1994, 108 Stat. 3505.)
25 U.S.C. § 1775f (INDIANS)
§ 1775f. General discharge and release of obligations of State of Connecticut
Except as expressly provided in this subchapter, the State Agreement, or the Town Agreement, this subchapter shall constitute a general discharge and release of all obligations of the State of Connecticut and the political subdivisions, agencies, departments, officers, or employees of the State of Connecticut arising from any treaty or agreement with, or on behalf of, the Mohegan Tribe or the United States as trustee for the Mohegan Tribe.
(Pub. L. 103–377, § 8, Oct. 19, 1994, 108 Stat. 3505.)
25 U.S.C. § 1775g (INDIANS)
§ 1775g. Effect of revocation of State Agreement
(a) In general
If, during the 15-year period beginning on the date on which the Secretary publishes a determination pursuant to section 1775b(b) of this title, the State Agreement is invalidated by a court of competent jurisdiction, or if the gaming compact described in section 1775b(a)(1) of this title or any agreement between the State of Connecticut and the Mohegan Tribe to implement the compact is invalidated by a court of competent jurisdiction—
(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Mohegan Tribe under section 1(a) of the State Agreement shall cease to be of any force or effect;
(2) section 1775b of this title shall not apply to the lands or interests in lands or natural resources of the Mohegan Tribe or any of its members, and the title to the lands or interests in lands or natural resources shall be determined as if such section were never enacted; and
(3) the approval by the United States of prior transfers and the extinguishment of claims and aboriginal title of the Mohegan Tribe otherwise made under section 1775b of this title shall be void.
(b) Right of Mohegan Tribe to reinstate claim
(1) In general
If a State Agreement or compact or agreement described in subsection (a) of this section is invalidated by a court of competent jurisdiction, the Mohegan Tribe or its members shall have the right to reinstate a claim to lands or interests in lands or natural resources to which the Tribe or members are entitled as a result of the invalidation, within a reasonable time, but not later than the later of—
(A) 180 days after the Mohegan Tribe receives written notice of such determination of an invalidation described in subsection (a) of this section; or
(B) if the determination of the invalidation is subject to an appeal, 180 days after the court of last resort enters a judgment.
(2) Defenses
Notwithstanding any other provision of law, if a party to an action described in paragraph (1) reinstates the action during the period described in paragraph (1)(B)—
(A) no defense, such as laches, statute of limitations, law of the case, res judicata, or prior disposition may be asserted based on the withdrawal of the action and reinstatement of the action; and
(B) the substance of any discussions leading to the State Agreement may not be admissible in any subsequent litigation, except that, if any such action is reinstated, any defense that would have been available to the State of Connecticut at the time the action was withdrawn—
(i) may be asserted; and
(ii) is not waived by anything in the State Agreement or by subsequent events occurring between the withdrawal action and commencement of the reinstated action.
(Pub. L. 103–377, § 9, Oct. 19, 1994, 108 Stat. 3506.)
25 U.S.C. § 1775h (INDIANS)
§ 1775h. Judicial review
(a) Jurisdiction
Notwithstanding any other provision of law, during the period beginning on October 19, 1994, and ending on the date that is 180 days after October 19, 1994, the United States District Court for the Southern District of Connecticut shall have exclusive jurisdiction over any action to contest the constitutionality of this subchapter or the validity of any agreement entered into under the authority of this subchapter or approved by this subchapter.
(b) Deadline for filing
Effective with the termination of the period specified in subsection (a) of this section, no court shall have jurisdiction over any action to contest the constitutionality of this subchapter or the validity of any agreement entered into under the authority of this subchapter or approved by this subchapter, unless such action was filed prior to the date of termination of the period specified in subsection (a) of this section.
(Pub. L. 103–377, § 10, Oct. 19, 1994, 108 Stat. 3507.)
25 U.S.C. § 1776 (INDIANS)
§ 1776. Findings and purpose
(a) Findings
Congress finds the following:
(1) Under the treaty between the United States of America and the Crow Tribe of Indians concluded May 7, 1868 (commonly known as the “Fort Laramie Treaty of 1868”; 15 Stat. 649), the eastern boundary of the Crow Indian Reservation was established as the 107th meridian for approximately 90 miles from the Yellowstone River to the boundary between Montana and Wyoming.
(2) Under Executive orders issued in 1884 and 1900, the western boundary of the Northern Cheyenne Reservation was established as the 107th meridian. The 107th meridian was intended to be the common boundary between the Crow Reservation and Northern Cheyenne Reservation for approximately 25 miles.
(3) From 1889 through 1891, a survey was conducted of the eastern boundary of the Crow Reservation. The 1891 survey line strayed to the west, and resulted in the exclusion from the Crow Indian Reservation of a strip of land of approximately 36,164 acres. Approximately 12,964 acres of such strip of land were included in the Northern Cheyenne Reservation. Deposits of low sulphur coal underlie the land excluded from the Crow Indian Reservation, including the land included in the Northern Cheyenne Indian Reservation.
(4)
(A) The erroneous nature of the survey was not discovered for several decades. Meanwhile, the areas along the 107th meridian to the north and south of the Northern Cheyenne Indian Reservation were opened to settlement in the late nineteenth century and early part of the twentieth century. Patents were issued to non-Indian persons and to the State of Montana for most of the surface land and a significant portion of the minerals in these areas between the 107th meridian and the 1891 survey line.
(B) The 12,964 acres included in the Northern Cheyenne Reservation have been treated as part of the Northern Cheyenne Reservation and occupied by the Northern Cheyenne Tribe and the Northern Cheyenne allottees, and their successors in interest.
(5) Legislation to resolve the 107th meridian boundary dispute was introduced in Congress in the 1960’s and 1970’s, and again in 1992, but no such legislation was enacted into law.
(b) Purpose
The purpose of this subchapter is to settle the 107th meridian boundary dispute created by the erroneous survey of the eastern boundary of the Crow Indian Reservation made by the Federal Government described in subsection (a)(3) of this section.
(Pub. L. 103–444, § 2, Nov. 2, 1994, 108 Stat. 4632.)
heading: Short Title
text: Pub. L. 103–444, § 1, Nov. 2, 1994, 108 Stat. 4632, provided that: “This Act [enacting this subchapter] may be cited as the ‘Crow Boundary Settlement Act of 1994’.”
25 U.S.C. § 1776b (INDIANS)
§ 1776b. Settlement Agreement
(a) Execution
Subject to the terms and conditions of this subchapter, the Secretary shall enter into the Settlement Agreement with the Crow Tribe.
(b) Ratification
Subject to the conditions set forth in section 1776g(a) of this title, the United States hereby approves, ratifies, and confirms the Settlement Agreement, to the extent that such Settlement Agreement does not conflict with this subchapter.
(c) Modification
The terms and conditions of the Settlement Agreement may be modified by mutual agreement of the Crow Tribe and the Secretary if such modification—
(1) is not inconsistent with this subchapter; and
(2) does not diminish or impair any right or benefit secured to the Northern Cheyenne Tribe, the Northern Cheyenne allottees, or their successors in interest by or pursuant to any provision of this subchapter.
(d) Enforcement
(1) In general
Except as provided in paragraph (2), the Settlement Agreement shall be subject to the enforcement provisions under chapter 7 of title 5.
(2) Additional enforcement
If, with respect to the enforcement of the Settlement Agreement, the remedies available under the provisions referred to in paragraph (1) do not provide adequate or complete relief, the Settlement Agreement shall be subject to the enforcement provisions under section 1505 of title 28.
(Pub. L. 103–444, § 4, Nov. 2, 1994, 108 Stat. 4634.)
25 U.S.C. § 1776e (INDIANS)
§ 1776e. Eligibility for other Federal services
No payments made or benefits conferred pursuant to this subchapter shall result in the reduction or denial of any Federal services or programs to any tribe or to any member of a tribe to which the tribe or member of the tribe is entitled or eligible because of the status of the tribe as a federally recognized Indian tribe or the status of a member of such tribe as a member.
(Pub. L. 103–444, § 7, Nov. 2, 1994, 108 Stat. 4640.)
25 U.S.C. § 1776f (INDIANS)
§ 1776f. Exchanges of land or minerals
(a) In general
(1) Subject to approval by the Secretary, the Crow Tribe may exchange any land or minerals to which its title is recognized in or obtained pursuant to this subchapter for other land or minerals of substantially equivalent value within the Crow Indian Reservation (including parcel number 1).
(2) Lands or minerals received by the Crow Tribe in any exchange made pursuant to paragraph (1) shall be—
(A) vested in the United States in trust for the sole use and benefit of the Crow Tribe; and
(B) recognized as part of the Crow Indian Reservation.
(b) Ownership by non-Indians
Any land or minerals received by a person who is not an Indian in an exchange referred to in subsection (a) of this section shall be owned in fee.
(Pub. L. 103–444, § 8, Nov. 2, 1994, 108 Stat. 4640.)
25 U.S.C. § 1776g (INDIANS)
§ 1776g. Applicability
(a) In general
This subchapter shall take effect upon the occurrence of the following conditions:
(1) The Settlement Agreement is approved and executed by the Secretary.
(2) The Settlement Agreement is approved and executed by the Crow Tribe.
(3) The Settlement Agreement and the releases and waivers required by section 1776c of this title are approved and duly executed by the Crow Tribe in accordance with the requirements and procedures set forth in the constitution of the Crow Tribe.
(4) The Settlement Agreement becomes effective in accordance with the terms and conditions specified in the Settlement Agreement.
(b) Approval of releases and waivers
The United States hereby approves and confirms the releases and waivers required by section 1776c of this title.
(Pub. L. 103–444, § 9, Nov. 2, 1994, 108 Stat. 4640; Pub. L. 104–109, § 9(b), Feb. 12, 1996, 110 Stat. 765.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–109 substituted “This subchapter” for “The subchapter” in introductory provisions.
25 U.S.C. § 1776i (INDIANS)
§ 1776i. Fort Laramie Treaty of 1868
Except for the adjustment to the eastern boundary of the Crow Indian Reservation, nothing in this subchapter or in the Settlement Agreement shall affect or modify the terms and conditions of the treaty between the United States of America and the Crow Tribe of Indians concluded May 7, 1868 (commonly known as the “Fort Laramie Treaty of 1868”; 15 Stat. 649).
(Pub. L. 103–444, § 11, Nov. 2, 1994, 108 Stat. 4642.)
25 U.S.C. § 1776j (INDIANS)
§ 1776j. Satisfaction of claims
The benefits available to the Crow Tribe under the terms and conditions of this subchapter and the Settlement Agreement shall constitute full and complete satisfaction of all claims by the Crow Tribe and the members of the Crow Tribe arising from or related to the erroneous survey of the 107th meridian described in section 1776(a)(3) of this title.
(Pub. L. 103–444, § 12, Nov. 2, 1994, 108 Stat. 4642.)
25 U.S.C. § 1777a (INDIANS)
§ 1777a. Definitions
In this subchapter:
(1) Federally administered lands
The term “federally administered lands” means lands, waters, or interests therein, administered by Federal agencies, except for the lands, waters, or interests therein that are owned by, or for the benefit of, Indian tribes or individual Indians.
(2) Fund
The term “Fund” means the Pueblo of Santo Domingo Land Claims Settlement Fund established under section 1777c(b)(1) of this title.
(3) Pueblo
The term “Pueblo” means the Pueblo of Santo Domingo.
(4) Santo Domingo Pueblo Grant
The term “Santo Domingo Pueblo Grant” means all of the lands within the 1907 Hall-Joy Survey, as confirmed by the Pueblo Lands Board in 1927.
(5) Secretary
The term “Secretary” means the Secretary of the Interior unless expressly stated otherwise.
(6) Settlement Agreement
The term “Settlement Agreement” means the Settlement Agreement dated May 26, 2000, between the Departments of the Interior, Agriculture, and Justice and the Pueblo of Santo Domingo to Resolve All of the Pueblo’s Land Title and Trespass Claims.
(Pub. L. 106–425, § 3, Nov. 1, 2000, 114 Stat. 1891.)
25 U.S.C. § 1777d (INDIANS)
§ 1777d. Affirmation of accurate boundaries of Santo Domingo Pueblo Grant
(a) In general
The boundaries of the Santo Domingo Pueblo Grant, as determined by the 1907 Hall-Joy Survey, confirmed in the Report of the Pueblo Lands Board, dated December 28, 1927, are hereby declared to be the current boundaries of the Grant and any lands currently owned by or on behalf of the Pueblo within such boundaries, or any lands hereinafter acquired by the Pueblo within the Grant in fee simple absolute, shall be considered to be Indian country within the meaning of section 1151 of title 18.
(b) Limitation
Any lands or interests in lands within the Santo Domingo Pueblo Grant, that are not owned or acquired by the Pueblo, shall not be treated as Indian country within the meaning of section 1151 of title 18.
(c) Acquisition of Federal lands
Any Federal lands acquired by the Pueblo pursuant to section 1777c(c)(1) of this title shall be held in trust by the Secretary for the benefit of the Pueblo, and shall be treated as Indian country within the meaning of section 1151 of title 18.
(d) Land subject to provisions
Any lands acquired by the Pueblo pursuant to section 1777c(c) of this title, or with funds subject to section 1777c(b) of this title, shall be subject to the provisions of section 17 of the Act of June 7, 1924 (43 Stat. 641; commonly referred to as the Pueblo Lands Act).
(e) Rule of construction
Nothing in this subchapter or in the Settlement Agreement shall be construed to—
(1) cloud title to federally administered lands or non-Indian or other Indian lands, with regard to claims of title which are extinguished pursuant to section 1777c of this title; or
(2) affect actions taken prior to November 1, 2000, to manage federally administered lands within the boundaries of the Santo Domingo Pueblo Grant.
(Pub. L. 106–425, § 6, Nov. 1, 2000, 114 Stat. 1895.)
heading: References in Text
text: Act of June 7, 1924, referred to in subsec. (d), is act June 7, 1924, ch. 331, 43 Stat. 636, as amended, known as the Pueblo Lands Act of 1924, which is set out as a note under section 331 of this title.
25 U.S.C. § 1777e (INDIANS)
§ 1777e. Miscellaneous provisions
(a) Exchange of certain lands with New Mexico
(1) In general
Not later than 2 years after November 1, 2000, the Secretary shall acquire by exchange the State of New Mexico trust lands located in township 16 north, range 4 east, section 2, and all interests therein, including improvements, mineral rights and water rights.
(2) Use of other lands
In acquiring lands by exchange under paragraph (1), the Secretary may utilize unappropriated public lands within the State of New Mexico.
(3) Value of lands
The lands exchanged under this subsection shall be of approximately equal value, and the Secretary may credit or debit the ledger account established in the Memorandum of Understanding between the Bureau of Land Management, the New Mexico State Land Office, and the New Mexico Commissioner of Public Lands, in order to equalize the values of the lands exchanged.
(4) Conveyance
(A) By Secretary
Upon the acquisition of lands under paragraph (1), the Secretary shall convey all title and interest to such lands to the Pueblo by sale, exchange or otherwise, and the Pueblo shall have the exclusive right to acquire such lands.
(B) By Pueblo
Upon the acquisition of lands under subparagraph (A), the Pueblo may convey such land to the Secretary who shall accept and hold such lands in trust for the benefit of the Pueblo.
(b) Other exchanges of land
(1) In general
In order to further the purposes of this subchapter—
(A) the Pueblo may enter into agreements to exchange restricted lands for lands described in paragraph (2); and
(B) any land exchange agreements between the Pueblo and any of the parties to the action referred to in paragraph (2) that are executed not later than December 31, 2001, shall be deemed to be approved.
(2) Lands
The land described in this paragraph is the land, title to which was at issue in Pueblo of Santo Domingo v. Rael (Civil No. 83–1888 (D.N.M.)).
(3) Land to be held in trust
Upon the acquisition of lands under paragraph (1), the Pueblo may convey such land to the Secretary who shall accept and hold such lands in trust for the benefit of the Pueblo.
(4) Rule of construction
Nothing in this subsection shall be construed to limit the provisions of section 1777c(a) of this title relating to the extinguishment of the land claims of the Pueblo.
(c) Approval of certain resolutions
All agreements, transactions, and conveyances authorized by Resolutions 97–010 and C22–99 as enacted by the Tribal Council of the Pueblo de Cochiti, and Resolution S.D. 12–99–36 as enacted by the Tribal Council of the Pueblo of Santo Domingo, pertaining to boundary disputes between the Pueblo de Cochiti and the Pueblo of Santo Domingo, are hereby approved, including the Pueblo de Cochiti’s agreement to relinquish its claim to the southwest corner of its Spanish Land Grant, to the extent that such land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any right to receive compensation from the United States or any other party with respect to such overlapping lands.
(Pub. L. 106–425, § 7, as added Pub. L. 106–434, § 3, Nov. 6, 2000, 114 Stat. 1913.)