A bill to ratify a settlement agreement in a land dispute between the Pamunkey Indian Tribe and the Southern Railway Company, and for other purposes.
PL 96-484 (H.R.7212), enacted 11/24/1980

PUBLIC LAW 96-484—NOV. 24, 1980 
94 STAT. 2365 
Public Law 96-484 
96th Congress 
An Act 
To ratify a settlement agreement in a land dispute between the Pamunkey Indian 
Tribe and the Southern Railway Company, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Congress 
finds and declares that: 
(1) The Pamunkey Indian Tribe of King William County, 
Virginia (hereafter in this Act referred to as the "Tribe") and the 
Southern Railway Company, a public common carrier by rail-
road (hereafter in this Act referred to as the "Railroad"), seek to 
resolve a dispute concerning the title and use of certain lands 
located in King William County, Virginia, and used by the 
Railroad in its operations as a common carrier by railroad. 
(2) The claims of the Tribe are based in part on the doctrine of 
aboriginal title and in part on section 2116 of the Revised 
Statutes of the United States (25 U.S.C. 177). 
(3) The Tribe and the Railroad have executed a Settlement 
Agreement, dated November 21, 1979, to resolve the dispute 
referred to in paragraph (1). Such Settlement Agreement 
requires ratification by the Congress as a condition to its effec-
tiveness, and provides generally that— 
(A) all claims of the Tribe or any of its members against 
the Railroad arising from the acquisition or use by the 
Railroad or any predecessor railroad of certain described 
lands for its operations as a common carrier by railroad are 
waived and surrendered; 
(B) the Railroad shall have a right to continued and 
perpetual use of certain described lands used by the Railroad 
as a railroad right-of-way; 
(C) the Railroad shall pay to the Tribe $100,000; 
(D) the Railroad shall make to the Tribe an annual 
pajmient based on a certain fair rental value amount, 
commencing November 21,1989; and 
(E) all rights and title of the Railroad in certain described 
lands shall revert to the Tribe if and when the Railroad shall 
abandon and no longer use those lands. 
(4) The terms of the Settlement Agreement fairly resolve the 
dispute between the Tribe and the Railroad, and assure that the 
Railroad will be able to continue its present common carrier 
operations on the disputed lands. 
Nov. 24, 1980 
[H.R. 7212] 
Pamunkey 
Indian Tribe. 
Land dispute 
with Southern 
Railway Co. 
Settlement 
Agreement, 
provisions. 
94 STAT. 2366 
PUBLIC LAW 96-484—NOV. 24, 1980 
Congressional 
approval and 
ratification. 
Claims. 
Waiver. 
Definitions. 
ggc, 2. As used in this Act, the term "lands" shall include any 
interest in or right involving lands, waters, or lands submerged by 
waters, including rights-of-way thereon; the term "transfer" shall 
include the creation or continuance of any such interest; and the 
term "Settlement Agreement" shall mean the Settlement Agree-
ment described in paragraph (3) of the first section of this Act. 
SEC. 3. The Congress hereby approves and ratifies the Settlement 
Agreement and all transfers of land provided for in the Settlement 
Agreement. All such transfers shall be deemed to have been made in 
accordance with all laws of the United States that are specifically 
applicable to transfers of lands from, by or on behalf of any Indian, 
Indian nation, or tribe of Indians including section 2116 of the 
Revised Statutes of the United States (25 U.S.C. 177). 
SEC. 4. All claims, including claims for trespass damages and claims 
arising out of use and occupancy, of the Tribe or any of its members, 
whether brought by themselves or by the United States or any other 
person or entity on behalf of such Tribe or its members, against the 
United States with respect to the lands which are the subject matter 
of the Settlement Agreement or against the Railroad arising before 
the Settlement Agreement becomes effective, shall be waived and 
surrendered when the Settlement Agreement becomes effective. 
SEC. 5. The United States hereby accepts the waiver executed by 
the Tribe on May 31,1980, of all claims (including but not limited to 
trespass damages, claims based on use and occupancy, breach of trust 
or the right to just compensation) against the United States, its 
officers or agents, any State or subdivision thereof, or any other 
person or entity, with respect to the lands which are the subject 
matter of the Settlement Agreement, arising before the Settlement 
Agreement becomes effective or out of the enactment of this Act. 
SEC. 6. For purposes of chapter 1 of the Internal Revenue Code of 
26 use 1 et seq. 1954, the gross income of the Tribe shall not include any amount 
received or accrued by such Tribe under the Settlement Agreement, 
including the $100,000 referred to in paragraph (3)(C) of the first 
section of this Act, and the payments referred to in paragraph (3)(D) 
of such section. Nothing in the preceding sentence shall be construed 
to prevent the inclusion in the gross income of any individual of any 
amount so received or accrued which is distributed to such individual. 
Leasing terms. 
SEC. 7. Notwithstanding any restriction of Federal law which may 
be applicable to the transfer of lands of the Tribe, the Tribe is hereby 
authorized, by resolution of its duly constituted council or in a 
manner as provided by its laws and customs, to lease for a term not to 
exceed twenty-five years with a renewal for one additional term of 
not to exceed twenty-five years with the consent of both parties, lands 
owned by the Tribe; or to grant easements or rights-of-way across 
lands owned by the Tribe. Any other transfer shall be subject to any 
Federal restriction which may be applicable to the transfer of lands of 
the Tribe. 
PUBLIC LAW 96-484—NOV. 24, 1980 
94 STAT. 2367 
SEC. 8. Nothing in this Act constitutes recognition or acknowledge-
ment of the Pamunkey Indians as a tribe subject to the plenary 
control of Congress or affects the rights of the Pamunkey Indians to 
petition the Secretary of the Interior for acknowledgement of their 
status as an Indian tribe and to seek entitlement to all rights, 
privileges, and immunities enjoyed by other recognized or acknowl-
edged tribes. Nothing in this Act imposes any trust responsibility on 
the United States with respect to the Tribe. 
SEC. 9. To the extent that there may be any conflict between any 
provisions of this Act and any other applicable Federal law or laws, 
the provisions of this Act shall govern. 
Approved November 24, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1144 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-1001 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Aug. 18, considered and passed House. 
Nov. 12, considered and passed Senate. 
79-194 O—81—pt. 2 
69 : QL3