Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987
PL 100-95 (H.R.2855), enacted 08/18/1987

101 STAT. 704 
PUBLIC LAW 100-95—AUG. 18, 1987 
Public Law 100-95 
100th Congress 
An Act 
Aug. 18, 1987 
[H.R. 2855] 
Wampanoag 
Tribal Council of 
Gay Head, Inc., 
Indian Claims 
Settlement Act 
of 1987. 
25 u s e 1771 
note. 
25 u s e 1771. 
25 u s e 1771a. 
To settle Indian land claims in the town of Gay Head, Massachusetts, and for other 
purposes. 
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Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Wampanoag Tribal Council of Gay 
Head, Inc., Indian Claims Settlement Act of 1987". 
SEC. 2. 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 eco-
nomic 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 Massachu-
setts and the parties to the lawsuit a desire to remove all clouds 
on titles resulting from such Indian land claim; 
(4) the parties to the lawsuit and others interested in settle-
ment of Indian land claims within the Commonwealth of 
Massachusetts executed a Settlement Agreement which, to 
become effective, requires implementing legislation by the Con-
gress of the United States and the General Court of the 
Commonwealth of Massachusetts; 
(5) the town of Gay Head has agreed to contribute approxi-
mately 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. 
SEC. 
3
. 
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 Act. 
,,, 
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PUBLIC LAW 100-95—AUG. 18, 1987 
101 STAT. 705 
(b) AUTHORIZATION FOR APPROPRIATION.—There is hereby au-
thorized 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 6. 
SEC. 4. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF 
ABORIGINAL TITLE AND CLAIMS OF GAY HEAD INDIANS. 
(a) APPROVAL OF PRIOR TRANSFERS.—(1) Any transfer before the 
date of the enactment of this Act of land or natural resources now 
located anywhere within the United States from, by, or on behalf of 
the Wampanoag Tribal Council of Gay Head, Inc., or (2) any transfer 
before the date of the enactment of this Act by, from, or on behalf of 
any Indian, Indian nation, or tribe or band of Indians, of any land or 
natural resources located anywhere within the town of Gay Head, 
Massachusetts, including any transfer pursuant to any statute of 
the State, and the incorporation of the town of Gay Head, 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 land or natural resources from, by, or on behalf of any 
Indian, Indian nation, or tribe or band of Indians (including the 
Trade and Intercourse Act of 1790, Act of July 22,1790 (ch. 33, sec. 4, 
1 Stat. 137), and all amendments thereto and all subsequent versions 
thereof). Any such transfer and any transfer in implementation of 
this Act, shall be deemed to have been made with the consent and 
approval of Congress as of the date of such transfer. 
(b) EXTINGUISHMENT OF ABORIGINAL TITLE.—Any aboriginal title 
held by the Wampanoag Tribal Council of Gay Head, Inc. or any 
other entity presently or at any time in the past known as the Gay 
Head Indians, to any land or natural resources the transfer of which 
is consented to and approved in subsection (a) is considered extin-
guished as of the date of such transfer. 
(c) EXTINGUISHMENT OF CLAIMS ARISING FROM PRIOR TRANSFERS 
O
R EXTINGUISHMENT OF ABORIGINAL TITLE.—Any claim (including 
any claim for damages for use and occupancy) by the Wampanoag 
Tribal Council of Gay Head, Inc., the Gay Head Indians, or any 
other Indian, Indian nation, or tribe or band of Indians against the 
United States, any State or political subdivision of a State, or any 
other person which is based on— 
(1) any transfer of land or natural resources which is con-
sented to and approved in subsection (a), or 
(2) any aboriginal title to land or natural resources the trans-
fer of which is consented to and approved in subsection (b), 
is extinguished as of the date of any such transfer. 
(d) PERSONAL CLAIMS NOT AFFECTED.—No provision of this section 
shall be construed to offset or eliminate the personal claim of any 
individual Indian which is pursued under any law of general 
applicability that protects non-Indians as well as Indians. 
SEC. 
5
. 
CONDITIONS 
PRECEDENT 
TO 
FEDERAL PURCHASE 
OF SETTLE-
MENT 
LANDS. 
(a) INITIAL DETERMINATION OF STATE AND LOCAL ACTION.—No 
action shall be taken by the Secretary under section 6 before the 
25 use 1771b. 
25 use 1771c. 
Federal 
Register, 
publication. 
101 STAT. 706 
PUBLIC LAW 100-95—AUG. 18, 1987 
Secretary publishes notice in the Federal Rej;ister of the determina-
tion by the Secretary that— 
(1) the Commonwealth of Massachusetts has enacted legisla-
tion which provides that— 
(A) the town of Gay Head, Massachusetts, is authorized to 
convey to the Secretary to be held in trust for the 
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Wampanoag Tribal Council of Gay Head, Inc. the public 
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settlement lands and the Cook lands subject to the condi-
tions and limitations set forth in the Settlement Agree-
ii 
.,., 
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ment; and 
(B) the Wampanoag Tribal Council of Gay Head, Inc. 
shall have the authority, after consultation with appro-
- f 
priate 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; 
i 
(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 extin-
guished by this Act, and all claims arising because of the 
'" 
approval of transfers and extinguishment of titles and claims 
^ 
under this Act; and 
(3) the town of Gay Head, Massachusetts, has authorized the 
conveyance of the public settlement lands and the Cook Lands 
^ 
to the Secretary in trust for the Wampanoag Tribal Council of 
Gay Head, Inc. 
(b) RELIANCE UPON THE 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. 
25 u s e 1771d. 
SEC. 6. PURCHASE AND TRANSFER OF SETTLEMENT LANDS. 
(a) PURCHASE OF PRIVATE SETTLEMENT LANDS.—The Secretary is 
authorized and directed to expend, at the request of the Wampanoag 
Tribal Council of Gay Head, Inc., $2,125,000 to acquire the private 
settlement lands. At the request of the Wampanoag Tribal Council 
of Gay Head, Inc., the Secretary shall not purchase lots 705, 222, and 
528 of the private settlement lands, but, at the request of the 
Wampanoag Tribal Council of Gay Head, Inc., the Secretary shall 
acquire in lieu thereof such other lands that are contiguous to the 
remaining private settlement lands. Upon the purchase of such 
contiguous lands, those lands shall be subject to the same restric-
tions and benefits as the private settlement lands. 
(b) PAYMENT FOR SURVEY AND APPRAISAL.—The Secretary is au-
thorized and directed to cause a survey of the public settlement 
lands to be made within 60 days of acquiring title to the public 
Paul O'Leary. 
settlement lands. The Secretary shall reimburse the Native Amer-
ican Rights Fund and the Gay Head Taxpayers Association for an 
appraisal of the private settlement lands done by Paul O'Leary 
dated May 1, 1987. Such funds as may be necessary may be with-
drawn from the Fund established in section 3(a) and may be used for 
the purpose of conducting the survey and providing reimbursement 
for the appraisal. 
(c) ACQUISITION OF ADDITIONAL LANDS.—The Secretary shall 
expend, at the request of the Wampanoag Tribal Council of Gay 
Head, Inc., any remaining funds not required by subsection (a) or (b) 
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PUBLIC LAW 100-95—AUG. 18, 1987 
101 STAT. 707 
to acquire any additional lands that are contiguous to the private 
settlement lands. Any lands acquired pursuant to this section, and 
any other lands which are hereafter held in trust for the 
Wampanoag Tribal Council of Gay Head, Inc., any successor, or 
individual member, shall be subject to this Act, the Settlement 
Agreement and other applicable laws. Any after acquired land held 
in trust for the Wampanoag Tribal Council of Gay Head, Inc., any 
successor, or individual member, shall be subject to the same bene-
fits and restrictions as apply to the most analogous land use 
described in the Settlement Agreement. 
(d) TRANSFER AND SURVEY OF LAND TO WAMPANOAG TRIBAL COUN-
CIL.—Any right, title, or interest to lands acquired by the Secretary 
under this section, and the title to public settlement lands conveyed 
by the town of Gay Head, shall be held in trust for the Wampanoag 
Tribal Council of Gay Head, Inc. and shall be subject to this Act, the 
Settlement Agreement, and other applicable laws. 
(e) PROCEEDINGS AUTHORIZED TO ACQUIRE OR TO PERFECT TITLE.— 
The Secretary is authorized to commence such condemnation 
proceedings as the Secretary may determine to be necessary— 
(1) to acquire or perfect any right, title, or interest in any 
private settlement land, and 
(2) to condemn any interest adverse to any ostensible owner of 
such land, 
(f) PUBLIC SETTLEMENT LANDS HELD IN TRUST.—The Secretary is 
authorized to accept and hold in trust for the benefit of the 
Wampanoag Tribal Council of Gay Head, Inc. the public settlement 
lands as described in section 8(7) of this Act immediately upon the 
effective date of this Act. 
(g) APPLICATION.—The terms of this section shall apply to land in 
the town of Gay Head. Any land acquired by the Wampanoag Tribal 
Council of Gay Head, Inc., that is located outside the town of Gay 
Head shall be subject to all the civil and criminal laws, ordinances, 
and jurisdiction of the Commonwealth of Massachusetts. 
(h) SPENDING AUTHORITY.—Any spending authority (as defined in 
section 401(c)(2) of the Congressional Budget Act of 1974) provided in 
2 use 651. 
this section shall be effective for any fiscal year only to such extent 
or in such amounts as are provided in appropriation Acts. 
SEC. 7. JURISDICTION OVER SETTLEMENT LANDS; RESTRAINT ON 
25 USC 177 le. 
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 Act, the civil regulatory and criminal laws of 
the Commonwealth of Massachusetts, the town of Gay Head, 
Massachusetts, and applicable Federal laws. 
0)) SUBSEQUENT HOLDER BOUND TO SAME TERMS AND CONDI-
TIONS.—Any tribe or tribal organization which acquires any settle-
ment 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. 
91-194 O - 90 - 24 : QL.3 Part 1 
101 STAT. 708 
PUBLIC LAW 100-95—AUG. 18, 1987 
(c) RESERVATIONS OF RIGHT AND AUTHORITY RELATING TO SETTLE-
MENT LANDS.—No provision of this Act 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 accord-
ance with the Act entitled "An Act to authorize the leasing of 
restricted Indian lands for public, religious, educational, rec-
reational, residential, business, and other purposes requiring 
the grant of long-term leases", approved August 9, 1955 (25 
U.S.C. 415 et seq.); 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 accord-
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ance with the laws of the Commonwealth of Massachusetts 
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or the ordinances of the town of Gay Head, Massachusetts, 
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or 
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(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 subdivi-
sion of the State to the extent provided by the Settlement Agree-
ment: 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 sec-
tion 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. 
25USC1771f 
SEC. 8. DEFINITIONS. 
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For the purposes of this Act: 
(1) COOK LANDS.—The term "Cook lands" means the lands 
described in paragraph (5) of the Settlement Agreement. 
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(2) WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC.—The term 
"Wampanoag Tribal Council of Gay Head, Inc." means the 
tribal entity recognized by the Secretary of the Interior as 
having a government to government relationship with the 
United States. The Wampanoag Tribal Council of Gay Head, 
Inc. is the sole and legitimate tribal entity which has a claim 
under the Trade and Intercourse Act of 1790, Act of July 22, 
1790 (ch. 33, sec. 4, 1 Stat. 137), to land within the town of Gay 
Head. The membership of the Wampanoag Tribal Council of 
Gay Head, Inc., includes those 521 individuals who have been 
recognized by the Secretary of the Interior as being members of 
the Wampanoag Tribal Council of Gay Head, Inc., and such 
Indians of Gay Head ancestry as may be added from time to 
time by the governing body of the Wampanoag Tribal Council of 
Gay Head, Inc.: Provided, That nothing in this section shall 
prevent the voluntary withdrawal from membership in the 
Wampanoag Tribal Council of Gay Head, Inc., pursuant to 
procedures established by the Tribe. The governing body of the 
PUBLIC LAW 100-95—AUG. 18, 1987 
101 STAT. 709 
Wampanoag Tribal Council of Gay Head, Inc. is hereby au-
thorized to act on behalf of and bind the Wampanoag Tribal 
Council of Gay Head, Inc., in all matters related to carrying out 
this Act. 
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(3) FUND.—The term "fund" means the Wampanoag Tribal 
Council of Gay Head, Inc. Claims Settlement Fund established 
under section 3. 
(4) LAND OR NATURAL RESOURCES.—The term "land or natural 
; 
resources" means any real property or natural resources or any 
interest in or right involving any real property or natural 
resource, including but not limited to, minerals and mineral 
rights, timber and timber rights, water and water rights, and 
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rights to hunt and 
fish. 
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(5) LAWSUIT.—The term "lawsuit" means the action entitled 
Wampanoag Tribal Council of Gay Head, and others versus 
Town of Gay Head, and others (C.A. No. 74-5826-McN 
(D. Mass.)). 
(6) PRIVATE SETTLEMENT LANDS.—The term "private settle-
ment lands" means approximately 177 acres of privately held 
land described in paragraph 6 of the Settlement Agreement. 
(7) PUBLIC SETTLEMENT LANDS.—The term "public settlement 
lands" means the lands described in paragraph (4) of the Settle- 
;?- f J.;;J 
ment Agreement. 
(8) SETTLEMENT LANDS.—The term "settlement lands" means 
the private settlement lands and the public settlement lands. 
(9) SECRETARY.—The term "Secretary means the Secretary of 
the Interior. 
(10) SETTLEMENT AGREEMENT.—The term "Settlement Agree-
ment" means the document entitled "Joint Memorandum of 
Understanding Concerning Settlement of the Gay Head, 
Massachusetts, Indian Land Claims," executed as of Novem-
ber 22, 1983, and renewed thereafter by representatives of the 
parties to the lawsuit, and as filed with the Secretary of the 
Commonwealth of Massachusetts. 
(11) STATE IMPLEMENTING ACT.—The term "State implement-
ing act" means legislation enacted by the Commonwealth of 
Massachusetts conforming to the requirements of this Act and 
the requirements of the Massachusetts Constitution. 
(12) TRANSFER.—The term "transfer" includes— 
(A) any sale, grant, lease, allotment, partition, or 
conveyance, 
(B) any transaction the purpose of which is to effect a 
sale, grant, lease, allotment, partition, or conveyance, or 
(C) any event or events that resulted in a change of 
possession or control of land or natural resources. 
(13) WEST BASIN STRIP.—The term "West Basin Strip" means a 
strip of land along the West Basin which the Wampanoag Tribal 
Council is authorized to convey, under paragraph (11) of the 
Settlement Agreement, to the town of Gay Head. 
SEC. 9. APPLICABILITY OF STATE LAW. 
25 USC 1771g. 
Except as otherwise expressly provided in this Act 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, 
101 STAT. 710 
PUBLIC LAW 100-95—AUG. 18, 1987 
25 u s e 1771 
note. 
Massachusetts (including those laws and regulations which prohibit 
or regulate the conduct of bingo or any other game of chance). 
25 u s e 1771h. 
SEC. 10. LIMITATIONS OF ACTION; JURISDICTION. 
Notwithstanding any other provision of law, any action to contest 
the constitutionality or validity under law of this Act shall be 
barred unless the complaint is filed within thirty days after the date 
of enactment of this Act. Exclusive original jurisdiction over any 
such action and any proceedings under section 6(e) is hereby vested 
in the United States District Court of the District of Massachusetts. 
SEC. 11. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection (b), this Act 
shall take effect upon the date of enactment. 
(b) EXCEPTION.—Section 4 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 trans-
ferred. The fact of such transfer, and the date thereof, shall be 
certified and recorded by the Secretary of the Commonwealth of 
Massachusetts. 
25USei771i. 
SEC. 12. 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 Vine-
yard, Massachusetts, shall be deemed to be living on or near an 
Indian reservation. 
Approved August 18, 1987. 
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LEGISLATIVE HISTORY—H.R. 2855: 
HOUSE REPORTS: No. 100-238 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
July 28, considered and passed House. 
Aug. 6, considered and passed Senate. 1^*?./, ?
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