§ 1772c. — Approval of prior transfers and extinguishment of claims and aboriginal title involving Florida 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: 25USC1772c]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER VI--FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT
Sec. 1772c. Approval of prior transfers and extinguishment of
claims and aboriginal title involving Florida Indians
(a) Approval of Settlement Agreement; effect of approval
(1) Effective on December 31, 1987, the Congress does hereby approve
the Settlement Agreement, including the compact, and any exhibits
attached thereto.
(2) Subject to the provisions of section 1772b of this title, the
Secretary shall publish findings required by section 1772b of this title
and the Settlement Agreement in the Federal Register, and upon such
publication--
(A) the transfers, waivers, releases, relinquishments and other
commitments made by the tribe in the Settlement Agreement with the
State and the district, including the compact provided for in the
Settlement Agreement, shall be in full force and effect on the terms
and conditions stated in such settlement, and
(B) the transfers, waivers, releases, relinquishments and other
commitments validated by subparagraph (A) and the transfers and
extinguishments approved and validated by paragraphs (1) and (2) of
subsection (b) of this section 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 lands 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 (25 U.S.C. 177, ch.
33, sec. 4, 1 Stat. 137).
(b) Extinguishment of claims based on aboriginal title
(1)(A) Subject to subparagraph (B), all claims to lands within the
State based upon aboriginal title by the tribe or any predecessor or
successor in interest, are hereby extinguished. Any transfer of lands or
natural resources located anywhere within the State, including transfers
pursuant to a statute or treaty with any State or the United States, by,
from, or on behalf of the tribe or any predecessor or successor in
interest, shall be deemed to be in full force and effect, as provided in
subsection (a)(2) of this section.
(B) Nothing in this paragraph shall be construed as extinguishing
any aboriginal right, title, interest, or claim to lands or natural
resources solely to the extent of the rights or interests defined as
``excepted interests'' in paragraph 4a of the Settlement Agreement
between the tribe, State and the district.
(2)(A) By virtue of the approval of a transfer of lands or natural
resources effected by this section, or an extinguishment of aboriginal
title effected thereby, all claims against the United States, the State
or subdivision thereof, or any other person or entity, by the tribe or
any predecessor or successor in interest, arising subsequent to the
transfer and based upon any interest in or right involving such lands or
natural resources, including claims for trespass damages or claims for
use and occupancy, shall be extinguished as of the date of the transfer.
(B) The United States shall not be liable directly or indirectly for
any claim or cause of action arising from the approval of the Settlement
Agreement and compact or exhibits attached thereto.
(3) Nothing in this subchapter shall be construed as extinguishing
any right, title, interest, or claim to lands or natural resources in
the State based on use and occupancy or acquired under Federal or State
law by any individual Indian which is not derived from or through the
tribe, its predecessor or predecessors in interest, or some other
American Indian tribe.
(4) Any Indian, Indian nation, or tribe of Indians, other than the
Seminole Tribe as defined in section 1772a(1) of this title, or any
predecessor or successor in interest, or any member thereof, whose
transfer of lands or natural resources is approved or whose aboriginal
title or claims is extinguished by paragraph (1) or (2) of this
subsection may, within a period of one year after publication of the
Secretary's finding pursuant to subsection (a) of this section, bring an
action against the State and the United States in the United States
District Court for the southern district of Florida. Such action shall
be in lieu of a suit against any other person, agency, or political
subdivision on a cause of action which may have existed in the absence
of this subsection.
(c) Construction of subsection (a) and section 1772e
Neither subsection (a) of this section nor section 1772e of this
title--
(1) enacts present or future laws of the State as Federal law,
(2) grants consent to any future changes in the Settlement
Agreement or compact that could impose any obligation or liability
on the United States, or
(3) commits the United States to finance any project or activity
not otherwise authorized by Federal law.
(Pub. L. 100-228, Sec. 5, Dec. 31, 1987, 101 Stat. 1558.)
References in Text
The Trade and Intercourse Act of 1790, Act of July 22, 1790 (25
U.S.C. 177, ch. 33, sec. 4, 1 Stat. 137), referred to in subsec.
(a)(2)(B), 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 sections 1772b, 1772g of this title.
