§ 1771b. — Approval of prior transfers and extinguishment of aboriginal title and claims of Gay Head Indians.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1771b]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER V--MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT
Sec. 1771b. Approval of prior transfers and extinguishment of
aboriginal title and claims of Gay Head Indians
(a) Approval of prior transfers
(1) Any transfer before August 18, 1987, 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 August 18, 1987, 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 subchapter, 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) of this
section is considered extinguished as of the date of such transfer.
(c) Extinguishment of claims arising from prior transfers or
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 consented
to and approved in subsection (a) of this section, or
(2) any aboriginal title to land or natural resources the
transfer of which is consented to and approved in subsection (b) of
this section,
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.
(Pub. L. 100-95, Sec. 4, Aug. 18, 1987, 101 Stat. 705.)
References in Text
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33,
sec. 4, 1 Stat. 137), referred to in subsec. (a), is not classified to
the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263,
and 264 of this title.
Effective Date
Section effective upon the date on which title of all of private
settlement lands provided for in this subchapter to the Wampanoag Tribal
Council of Gay Head, Inc. is transferred, with fact of such transfer,
and date thereof, to be certified and recorded by Secretary of the
Commonwealth of Massachusetts, see section 11(b) of Pub. L. 100-95, set
out as a note under section 1771 of this title.
