§ 1771d. — Purchase and transfer of settlement lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1771d]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER V--MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT
Sec. 1771d. 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 restrictions and benefits as
the private settlement lands.
(b) Payment for survey and appraisal
The Secretary is authorized and directed to cause a survey of the
public settlement lands to be made within 60 days of acquiring title to
the public settlement lands. The Secretary shall reimburse the Native
American 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 Such funds as may be necessary may be withdrawn from the Fund
\1\ established in section 1771a(a) of this title and may be used for
the purpose of conducting the survey and providing reimbursement for the
appraisal.
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\1\ So in original. Probably should not be capitalized.
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(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) of this section 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 on and after
August 12, 1987, held in trust for the Wampanoag Tribal Council of Gay
Head, Inc., any successor, or individual member, shall be subject to
this subchapter, 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 benefits and restrictions as apply to the most analogous land
use described in the Settlement Agreement.
(d) Transfer and survey of land to Wampanoag Tribal Council
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 subchapter, 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 1771f(7) of this title
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 651(c)(2) \2\ of title
2) provided in this section shall be effective for any fiscal year only
to such extent or in such amounts as are provided in appropriation Acts.
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\2\ See References in Text note below.
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(Pub. L. 100-95, Sec. 6, Aug. 18, 1987, 101 Stat. 706.)
References in Text
For the effective date of this Act, referred to in subsec. (f), see
section 11 of Pub. L. 100-95, set out as a note under section 1771 of
this title.
Section 651 of title 2, referred to in subsec. (h), was amended by
Pub. L. 105-33, title X, Sec. 10116(a)(3), (5), Aug. 5, 1997, 111 Stat.
691, by striking out subsec. (c) and redesignating former subsec. (d) as
(c).
Section Referred to in Other Sections
This section is referred to in sections 1771a, 1771c, 1771h of this
title.
