Rhode Island Indian Claims Settlement Act
PL 95-395 (H.R.12860), enacted 09/30/1978

PUBLIC LAW 95-395—SEPT. 30, 1978 
92 STAT. 813 
Public Law 95-395 
95th Congress 
An Act 
To settle Indian land claims within the State of Rhode Island and Providence 
Plantations, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress asemhled, That this Act may 
be cited as the "Ehode Island Indian Claims Settlement Act". 
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY 
SEC. 2. Congress finds and declares that— 
(a) there are pending before the United States District Court 
for the District of Rhode Island two consolidated actions that 
involve Indian claims to certain public and private lands within 
the town of Charlestown, Rhode Island; 
(b) the pendency of these lawsuits has resulted in severe eco-
nomic hardships for the residents of the town of Charlestown by 
clouding the titles to much of the land in the town, including lands 
not involved in the lawsuits; 
(c) the Congress shares with the State of Rhode Island and the 
parties to the lawsuits a desire to remove all clouds on titles 
resulting from such Indian land claims within the State of Rhode 
Island; and 
(d) the parties to the lawsuits and others interested in the 
settlement of Indian land claims within the State of Rhode Island 
have executed a Settlement Agreement which requires implement-
ing legislation by the Congress of the United States and the legis-
lature of the State of Rhode Island. 
Sept. 30, 1978 
[H.R. 12860] " 
Rhode Island 
Indian Claims 
Settlement Act. 
25 use 1701 
note. 
25 use 1701. 
DEFINITIONS 
SEC. 3. For the purposes of this Act, the term— 
(a) "Indian Corporation" means the Rhode Island nonbusiness 
corporation known as the "Narragansett Tribe of Indians"; 
(b) "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 rights to hunt and fish; 
(c) "lawsuits" means the actions entitled "Narragansett Tribe 
of Indians v. Southern Rhode Island Land Development Co., 
et al., C.A. No. 75-0006 (D.R.I.)" and "Narragansett Tribe of 
Indians v. Rhode Island Director of Environmental Management, 
C.A. No. 75-0005 (D.R.L)"; 
(d) "private settlement lands" means approximately nine hun-
dred acres of privately held land outlined in red in the map 
marked "Exhibit A" attached to the Settlement Agreement that 
are to be acquired by the Secretary from certain private land-
owners pursuant to sections 5 and 8 of this Act; 
25 use 1702. 
92 STAT. 814 
PUBLIC LAW 95-395—SEPT. 30, 1978 
(e) "public settlement lands" means the lands described in 
paragraph 2 of the Settlement Agreement that are to be con-
veyed by the State of Rhode Island to the State Corporation 
pursuant to legislation as described in section 7 of this Act; 
(f) "settlement lands''means those lands defined in subsections 
(d) and (e) of this section; 
(g) "Secretary" means the Secretary of the Interior; 
(h) "settlement agreement" means the document entitled 
"Joint Memorandum of Understanding Concerning Settlement 
of the Rhode Island Indian Land Claims", executed as of Feb-
ruary 28,1978, by representatives of the State of Rhode Island, of 
the town of Charlestown, and of the parties to the lawsuits, as filed 
with the Secretary of the State of Rhode Island; 
' 
(i) "State Corporation" means the corporation created or to 
be created by legislation enacted by the State of Rhode Island as 
described in section 7 of this Act; and 
(j) "transfer" includes but is not limited to any sale, grant, 
lease, allotment, partition, or conveyance, any transaction the 
purpose of which was to effect a sale, grant, lease, allotment, parti-
tion, or conveyance, or any event or events that resulted in a change 
of possession or control of land or natural resources. 
RHODE ISLAND INDIAN CLAIMS SETTLEMENT TUND 
25 use 1703. 
SEC. 4. There is hereby established in the United States Treasury a 
fund to be known as the Rhode Island Indian Claims Settlement Fund 
into which $3,500,000 shall be deposited following the appropriation 
authorized by section 11 of this Act. 
OPTION AGREEMENTS TO PURCHASE PRIVATE SETTLEMENT LANDS 
25 use 1704. 
SEC 5, (a) The Secretary shall accept assignment of reasonable two-
year option agreements negotiated by the Governor of the State of 
Rhode Island or his designee for the purchase of the private settlement 
. 
hinds: Provided^ That the terms and conditions specified in such 
options are reasonable and that the total price for the acquisition of 
such lands, including reasonable costs of acquisition, will not exceed 
the amount specified in section 4. If the Secretary does not determine 
that any such option agreement is unreasonable within sixty days of 
its submission, the Secretary will be deemed to have accepted the 
assignment of the option. 
(b) Payment for any option entered into pursuant to subsection 
(a) shall be in the amount of 5 per centum of the fair market value of 
the land or natural resources as of the date of the agreement and shall 
be paid from the fund established by section 4 of this Act. 
(c) The total amount of the option fees paid pursuant to subsection 
(b) shall not exceed $175,000. 
(d) The option fee for each option agreement shall be applied to the 
agreed purchase price in the agreement if the purchase of the defend-
ant's land or natural resources is completed in accordance with the 
terms of the option agreement. 
(e) The payment for each option may be retained by the party 
granting the option if the property transfer contemplated by the 
option agreement is not completed in accordance with the terms of the 
option agreement. 
PUBLIC LAW 95-395—SEPT. 30, 1978 
92 STAT. 815 
APPROVAL OP PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND 
ABORIGINAL TITLE INVOLVING THE NARRAGANSETT TRIBE AND THE TOWN 
OF CHARLESTOWN, RHODE ISLAND 
SEC. 6. (a) If the Secretary finds that the State of Rhode Island has 
satisfied the conditions set forth in section 7 of this Act, he shall pub-
lish such findings in the Federal Register and upon such publication— 
(1) any transfer of land or natural resources located anywhere 
within the United States from, by, or on behalf of the Indian 
Corporation or any other entity presently or at any time in the 
past known as the Narragansett Tribe of Indians, or any predeces-
sor or successor in interest, member or stockholder thereof, and 
any transfer of land or natural resources located anywhere within 
the town of Charlestown, Rhode Island, by, from, or on behalf of 
any Indian, Indian nation, or tribe of Indians, including but not 
limited to a transfer pursuant to any statute of any State, 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 of Indians (including but not 
limited to 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), and Congress does hereby 
approve any such transfer effective as of the date of said transfer; 
(2) to the extent that any transfer of land or natural resources 
described in subsection (a) may involve land or natural resources 
to which the Indian Corporation or any other entity presently 
or at any time in the past known as the Narragansett Tribe of 
Indians, or any predecessor or successor in interest, member or 
stockholder thereof, or any other Indian, Indian nation, or tribe 
of Indians, had aboriginal title, subsection (a) shall be regarded 
as an extinguishment of such aboriginal title as of the date of 
said transfer; and 
(3) by virtue of the approval of a transfer of land or natural 
resources effected by this section, or an extinguishment of aborig-
inal title effected thereby, all claims against the United States, 
any State or subdivision thereof, or any other person or entity, 
by the Indian Corporation or any other entity presently or at any 
time in the past known as the Narragansett Tribe of Indians, 
or any predecessor or successor in interest, member or stockholder 
thereof, or any other Indian, Indian nation, or tribe of Indians, 
arising subsequent to the transfer and based upon any interest in 
or right involving such land or natural resources (including but 
not limited to claims for trespass damages or claims for use and 
occupancy) shall be regarded as extinguished as of the date of 
the transfer. 
(b) Any Indian, Indian nation, or tribe of Indians (other than the 
Indian Corporation or any other entity presently or at any time in the 
past known as the Narragansett Tribe of Indians, or any predecessor 
or successor in interest, member or stockholder thereof) whose transfer 
of land or natural resources was approved or whose aboriginal title or 
claims were extinguished by subsection (a) of this section may, within 
a period of one hundred and eighty days after publication of the Secre-
tary's findings pursuant to section 6, bring an action against the State 
Corporation in lieu of an action against any other person against whom 
a cause may have existed in the absence of this section. In any such 
Publication in 
Federal Register. 
25 use 1705. 
92 STAT. 816 
PUBLIC LAW 95-395—SEPT. 30, 1978 
action, the remedy shall be limited to a right of possession of the settle-
ment lands. 
FINDINGS BY THE SECRETARY 
25 use 1706. 
SEC. 7. Section 6 of this Act shall not take effect until the Secretary 
finds— 
(a) that the State of Rhode Island has enacted legislation creat-
ing or authorizing the creation of a State chartered corporation 
satisfying the following criteria: 
(1) the corporation shall be authorized to acquire, per-
petually manage, and hold the settlement lands; 
(2) the corporation shall be controlled by a board of di-
rectors, the majority of the members of which shall be selected 
by the Indian Corporation or its successor, and the remaining 
members of which shall be selected by the State of Rhode 
Island; and 
Regulations. 
(3) the corporation shall be authorized, after consultation 
with appropriate State officials, to establish its own regula-
tions concerning hunting and fishing on the settlement lands, 
which need not comply with regulations of the State of Rhode 
Island but which shall establish minimum standards for 
the safety of persons and protection of wildlife and fish 
stock; and 
(b) that State of Rhode Island has enacted legislation au-
thorizing the conveyance to the State Corporation of land and 
natural resources that substantially conform to the public set-
tlement lands as described in paragraph 2 of the Settlement 
Agreement. 
, 
. 
PURCHASE AND TRANSFER OF PRIVATE SETTLEMENT LANDS 
25 use 1707. 
SEC. 8. (a) When the Secretary determines that the State Cor-
poration described in section 7(a) has been created and will accept 
the settlement lands, the Secretary shall exercise within sixty days the 
options entered into pursuant to section 5 of this Act and assign the 
private settlement lands thereby purchased to the State Corporation. 
(b) Any moneys remaining in the fund established by section 4 
of this Act after the purchase described in subsection (a) shall be 
returned to the general Treasury of the United States. 
(c) Upon the discharge of the Secreitary's duties under sections 5, 
6, 7, and 8 of this Act, the United States shall have no further duties 
or liabilities under the Act with respect to the Indian Corporation or 
its successor, the State Corporation, or the settlement lands: Pr(yvided^ 
however^ That if the Secretary subsequently acknowledges the exist-
ence of the Narragansett Tribe of Indians, then the settlement lands 
may not be sold, granted, or otherwise conveyed or leased to anyone 
oither than the Indian Corporation, and no such disposition of the set-
tlement lands shall be of any validity in law or equity, unless the same 
is approved by the Secretary pursuant to regulations adopted by him 
for that purpose: Provided^ however, That nothing in this Act shall 
affect or otherwise impair the ability of the State Corporation to 
grant or otherwise convey (including any involuntary conveyance by 
means of eminent domain or condemnation proceedings) any ease-
ment for public or private purposes pursuant to the laws of the State 
of Rhode Island. 
PUBLIC LAW 95-395—SEPT. 30, 1978 
92 STAT. 817 
APPLICABILITY OF STATE LAW 
SEC. 9. Except as otherwise provided in this Act, the settlement lands 25 USC 1708. 
shall be subject to the civil and criminal laws and jurisdiction of the 
State of Rhode Island. 
FEDERAL BENEFITS PRESERVED 
SEC. 10. Nothing contained in this Act or in any legislation enacted 25 USC 1709. 
by the State of Rhode Island as described in section 7 of this Act 
shall affect or otherwise impair in any adverse manner any benefits 
received by the State of Rhode Island under the Federal Aid in Wild- 
' 
life Restoration Act of September 2, 1937 (16 U.S.C. 669-669 (i)), or 
the Federal Aid in Fish Restoration Act of August 9,1950 (16 U.S.C. 
777-777(k)). 
AUTHORIZATION OF FUNDS 
SEC. 11. There is hereby authorized to be appropriated $3,500,000 to 25 USC 1710. 
carry out the purposes of this Act. 
LIMITATION OF ACTIONS 
SEC. 12. Notwithstanding any other provision of law, any action to 25 USC 1711. 
contest the constitutionality of this Act shall be barred unless the 
complaint is filed within one hundred and eighty days of the date of 
enactment of this Act. Exclusive jurisdiction over any such action is 
hereby vested in the United States District Court for the District of 
Rhode Island. 
APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF CLAIMS AND 
ABORIGINAL TITLE OUTSIDE THE TOWN OF CHARLESTOWN, RHODE ISLAND 
AND INVOLVING OTHER INDIANS IN RHODE ISLAND 
SEC. 13. (a) Except as provided in subsection (b)— 
25 USC 1712. 
(1) any transfer of land or natural resources located anywhere 
within the State of Rhode Island outside the town of Charlestown 
from, by, or on behalf of any Indian, Indian nation, or tribe 
of Indians (other than transfers included in and approved by 
section 6 of this Act), including but not limited to a transfer 
pursuant to any statute of any State, 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 of Indians (including but not limited to 
the Trade and Intercourse Act of 1790, Act of July 22, 1790 
(ch. 33, 1 Stat. 137), and all amendments thereto and all subse-
quent versions thereof), and Congress does hereby approve any 
such transfer effective as of the date of said transfer; 
(2) to the extent that any transfer of land or natural resources 
described in paragraph (1) may involve land or natural resources 
to which such Indian, Indian nation, or tribe of Indians had 
aboriginal title, paragraph (1) shall be regarded as an extinguish-
ment of such aboriginal title as of the date of said transfer; and 
(3) by virtue of the approval of such transfers of land or nat-
ural resources effected by this subsection or an extinguishment of 
aboriginal title effected thereby, all claims against the United 
92 STAT. 818 
PUBLIC LAW 95-395—SEPT. 30, 1978 
States, any State or subdivision thereof, or any other person or 
entity, by any such Indian, Indian nation, or tribe of Indians, 
arising subsequent to the transfer and based upon any interest 
in or rights involving such land or natural resources (including 
but not limited to claims for trespass damages or claims for use 
and occupancy), shall be regarded as extinguished as of the date 
of the transfer. 
(b) This section shall not apply to any claim, right, or title of any 
Indian, Indian nation, or tribe of Indians that is asserted in an action 
commenced in a court of competent jurisdiction within one hundred 
Notice. 
and eighty days of the date of enactment of this Act: Provided^ That 
the plaintiff in any such action shall cause notice of the action to be 
served upon the Secretary and the Governor of the State of Rhode 
Island. 
Approved September 30, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1453 (Coram, on Interior and Insular Affairs). 
SENATE REPORT No. 95-972 accompanying S. 3153 (Coram, on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
July 21, S. 3153 considered and passed Senate. 
Sept. 12, considered and passed House. 
Sept. 15, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: 
Oct. 2, Presidential statement.