§ 1771f. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1771f]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER V--MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT
Sec. 1771f. Definitions
For the purposes of this subchapter:
(1) Cook lands
The term ``Cook lands'' means the lands described in paragraph
(5) of the Settlement Agreement.
(2) Wampanoag Tribal Council of Gay Head, Inc.
The term ``Wampanoag Tribal Council of Gay Head, Inc.'' means
the tribal entity recognized by the Secretary of the Interior as
having a government to government relationship with the United
States. The Wampanoag Tribal Council of Gay Head, Inc. is the sole
and legitimate tribal entity which has a claim under the Trade and
Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1
Stat. 137), to land within the town of Gay Head. The membership of
the Wampanoag Tribal Council of Gay Head, Inc., includes those 521
individuals who have been recognized by the Secretary of the
Interior as being members of the Wampanoag Tribal Council of Gay
Head, Inc., and such Indians of Gay Head ancestry as may be added
from time to time by the governing body of the Wampanoag Tribal
Council of Gay Head, Inc.: Provided, That nothing in this section
shall prevent the voluntary withdrawal from membership in the
Wampanoag Tribal Council of Gay Head, Inc., pursuant to procedures
established by the Tribe. The governing body of the Wampanoag Tribal
Council of Gay Head, Inc. is hereby authorized to act on behalf of
and bind the Wampanoag Tribal Council of Gay Head, Inc., in all
matters related to carrying out this subchapter.
(3) Fund
The term ``fund'' means the Wampanoag Tribal Council of Gay
Head, Inc. Claims Settlement Fund established under section 1771a of
this title.
(4) Land or natural resources
The term ``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.
(5) Lawsuit
The term ``lawsuit'' means the action entitled Wampanoag Tribal
Council of Gay Head, and others versus Town of Gay Head, and others
(C.A. No. 74-5826-McN (D. Mass.)).
(6) Private settlement lands
The term ``private settlement lands'' means approximately 177
acres of privately held land described in paragraph 6 of the
Settlement Agreement.
(7) Public settlement lands
The term ``public settlement lands'' means the lands described
in paragraph (4) of the Settlement Agreement.
(8) Settlement lands
The term ``settlement lands'' means the private settlement lands
and the public settlement lands.
(9) Secretary
The term ``Secretary'' means the Secretary of the Interior.
(10) Settlement Agreement
The term ``Settlement Agreement'' means the document entitled
``Joint Memorandum of Understanding Concerning Settlement of the Gay
Head, Massachusetts, Indian Land Claims,'' executed as of November
22, 1983, and renewed thereafter by representatives of the parties
to the lawsuit, and as filed with the Secretary of the Commonwealth
of Massachusetts.
(11) State implementing act
The term ``State implementing act'' means legislation enacted by
the Commonwealth of Massachusetts conforming to the requirements of
this subchapter and the requirements of the Massachusetts
Constitution.
(12) Transfer
The term ``transfer'' includes--
(A) any sale, grant, lease, allotment, partition, or
conveyance,
(B) any transaction the purpose of which is to effect a
sale, grant, lease, allotment, partition, or conveyance, or
(C) any event or events that resulted in a change of
possession or control of land or natural resources.
(13) West Basin Strip
The term ``West Basin Strip'' means a strip of land along the
West Basin which the Wampanoag Tribal Council is authorized to
convey, under paragraph (11) of the Settlement Agreement, to the
town of Gay Head.
(Pub. L. 100-95, Sec. 8, Aug. 18, 1987, 101 Stat. 708.)
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 par. (2), is not classified to the
Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and
264 of this title.
Section Referred to in Other Sections
This section is referred to in section 1771d of this title.
