§ 1771e. — Jurisdiction over settlement lands; restraint on alienation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1771e]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER V--MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT
Sec. 1771e. Jurisdiction over settlement lands; restraint on
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 subchapter, the civil regulatory and criminal laws of the
Commonwealth of Massachusetts, the town of Gay Head, Massachusetts, and
applicable Federal laws.
(b) Subsequent holder bound to same terms and conditions
Any tribe or tribal organization which acquires any settlement 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.
(c) Reservations of right and authority relating to settlement lands
No provision of this subchapter 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
accordance with sections 415 to 415d of this title; 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
accordance with the laws of the Commonwealth of Massachusetts or
the ordinances of the town of Gay Head, Massachusetts, or
(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 subdivision of the State to the extent provided by the
Settlement Agreement: 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
section 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.
(Pub. L. 100-95, Sec. 7, Aug. 18, 1987, 101 Stat. 707.)
References in Text
Sections 415 to 415d of this title, referred to in subsec. (c)(2),
was in the original ``the Act entitled `An Act to authorize the leasing
of restricted Indian lands for public, religious, educational,
recreational, residential, business, and other purposes requiring the
grant of long-term leases', approved August 9, 1955 (25 U.S.C. 415 et
seq.)'', which enacted sections 415 to 415d of this title and amended
section 396 of this title.
