25 USC Ch. 19: Front Matter
From Title 25-INDIANSCHAPTER 19-INDIAN LAND CLAIMS SETTLEMENTS
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CHAPTER 19-INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER I-RHODE ISLAND INDIAN CLAIMS SETTLEMENT
Part A-General Provisions
Sec.
1701.
Congressional findings and declaration of policy.
1702.
Definitions.
1703.
Rhode Island Indian Claims Settlement Fund; establishment.
1704.
Option agreements to purchase private settlement lands.
(a)
Acceptance of option agreement assignments; reasonableness of terms and conditions.
(b)
Amount of payment.
(c)
Limitation on option fees.
(d)
Application of option fee.
(e)
Retention of option payment.
1705.
Publication of findings.
(a)
Prerequisites; consequences.
(b)
Maintenance of action; remedy.
1706.
Findings by Secretary.
1707.
Purchase and transfer of private settlement lands.
(a)
Determination by Secretary; assignment of settlement lands to State Corporation.
(b)
Moneys remaining in fund.
(c)
Duties and liabilities of United States upon discharge of Secretary's duties; restriction on conveyance of settlement lands; affect on easements for public or private purposes.
1708.
Applicability of State law; treatment of settlement lands under Indian Gaming Regulatory Act.
(a)
In general.
(b)
Treatment of settlement lands under Indian Gaming Regulatory Act.
1709.
Preservation of Federal benefits.
1710.
Authorization of appropriations.
1711.
Limitation of actions; jurisdiction.
1712.
Approval of prior transfers and extinguishment of claims and aboriginal title outside town of Charlestown, Rhode Island and involving other Indians in Rhode Island.
(a)
Scope of applicability.
(b)
Exceptions.
Part B-Tax Treatment
1715.
Exemption from taxation.
(a)
General exemption.
(b)
Income-producing activities.
(c)
Payments in lieu of taxes.
1716.
Deferral of capital gains.
SUBCHAPTER II-MAINE INDIAN CLAIMS SETTLEMENT
1721.
Congressional findings and declaration of policy.
(a)
Findings and declarations.
(b)
Purposes.
1722.
Definitions.
1723.
Approval of prior transfers and extinguishment of Indian title and claims of Indians within State of Maine.
(a)
Ratification by Congress; personal claims unaffected; United States barred from asserting claims on ground of noncompliance of transfers with State laws or occurring prior to December 1, 1873.
(b)
Aboriginal title extinguished as of date of transfer.
(c)
Claims extinguished as of date of transfer.
(d)
Effective date; authorization of appropriations; publication in Federal Register.
1724.
Maine Indian Claims Settlement and Land Acquisition Funds in the United States Treasury.
(a)
Establishment of Maine Indian Claims Settlement Fund; amount.
(b)
Apportionment of settlement fund; administration; investments; limitation on distributions; quarterly investment income payments; expenditures for aged members; cessation of trust responsibility following Federal payments.
(c)
Establishment of Maine Indian Claims Land Acquisition Fund; amount.
(d)
Apportionment of land acquisition fund; expenditures for acquisition of land or natural resources; trust acreage; fee holdings; interests in corpus of trust for Houlton Band following termination of Band's interest in trust; agreement for acquisitions for benefit of Houlton Band: scope, report to Congress.
(e)
Acquisitions contingent upon agreement as to identity of land or natural resources to be sold, purchase price and other terms of sale; condemnation proceedings by Secretary; other acquisition authority barred for benefit of Indians in State of Maine.
(f)
Expenditures for Tribe, Nation, or Band contingent upon documentary relinquishment of claims.
(g)
Transfer limitations of section 177 of this title inapplicable to Indians in State of Maine; restraints on alienation as provided in section; transfers invalid ab initio except for: State and Federal condemnations, assignments, leases, sales, rights-of-way, and exchanges.
(h)
Agreement on terms for management and administration of land or natural resources.
(i)
Condemnation of trust or restricted land or natural resources within Reservations: substitute land or monetary proceeds as medium of compensation; condemnation of trust land without Reservations: use of compensation for reinvestment in trust or fee held acreage, certification of acquisitions; State condemnation proceedings: United States as necessary party, exhaustion of State administrative remedies, judicial review in Federal courts, removal of action.
(j)
Federal condemnation under other laws; deposit and reinvestment of compensatory proceeds.
1725.
State laws applicable.
(a)
Civil and criminal jurisdiction of the State and the courts of the State; laws of the State.
(b)
Jurisdiction of State of Maine and utilization of local share of funds pursuant to the Maine Implementing Act; Federal laws or regulations governing services or benefits unaffected unless expressly so provided; report to Congress of comparative Federal and State funding for Maine and other States.
(c)
Federal criminal jurisdiction inapplicable in State of Maine under certain sections of title 18; effective date: publication in Federal Register.
(d)
Capacity to sue and be sued in State of Maine and Federal courts; section 1362 of title 28 applicable to civil actions; immunity from suits provided in Maine Implementing Act; assignment of quarterly income payments from settlement fund to judgment creditors for satisfaction of judgments.
(e)
Federal consent for amendment of Maine Implementing Act; nature and scope of amendments; agreement respecting State jurisdiction over Houlton Band lands.
(f)
Indian jurisdiction separate and distinct from State civil and criminal jurisdiction.
(g)
Full faith and credit.
(h)
General laws and regulations affecting Indians applicable, but special laws and regulations inapplicable, in State of Maine.
(i)
Eligibility for Federal special programs and services regardless of reservation status.
1726.
Tribal organization.
(a)
Appropriate instrument in writing; filing of organic governing document.
(b)
Membership.
1727.
Implementation of Indian Child Welfare Act.
(a)
Petition for assumption of exclusive jurisdiction; approval by Secretary.
(b)
Consideration and determination of petition by Secretary.
(c)
Actions or proceedings within existing jurisdiction unaffected.
(d)
Reservations within section 1903(10) of this title.
(e)
Indian tribe within section 1903(8) of this title; State jurisdiction over child welfare unaffected.
(f)
Assumption determinative of exclusive jurisdiction.
1728.
Federal financial aid programs unaffected by payments under subchapter.
(a)
Eligibility of State of Maine for participation without regard to payments to designated Tribe, Nation, or Band under subchapter.
(b)
Eligibility of designated Tribe, Nation, or Band for benefits without regard to payments from State of Maine except in considering actual financial situation in determining need of applicant.
(c)
Availability of settlement or land acquisition funds not income or resources or otherwise used to affect federally assisted housing programs or Federal financial assistance or other Federal benefits.
1729.
Deferral of capital gains.
1730.
Transfer of tribal trust funds held by the State of Maine.
1731.
Other claims discharged by this subchapter.
1732.
Limitation of actions.
1733.
Authorization of appropriations.
1734.
Inseparability of provisions.
1735.
Construction.
(a)
Law governing; special legislation.
(b)
General legislation.
SUBCHAPTER III-FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT
Part A-Florida Indian Land Claims Settlement Act of 1982
1741.
Congressional findings and declaration of policy.
1742.
Definitions.
1743.
Findings by the Secretary.
1744.
Approval of prior transfers and extinguishment of claims and aboriginal title involving Florida Indians.
(a)
Publication of findings; consequences.
(b)
Scope of applicability to claims, transfers, etc.
1745.
Special provisions for Miccosukee Tribe.
(a)
Exemption of leasehold from State and local taxes.
(b)
Treatment of leasehold as Indian reservation.
(c)
Power of State of Florida to diminish leasehold interests for public purposes.
(d)
Impairment of benefits received by State of Florida under other provisions.
1746.
Scope of rights or interests granted to Miccosukee Tribe; scope of civil and criminal jurisdiction of State of Florida.
1747.
Transfer of lands to United States.
(a)
Acceptance by Secretary.
(b)
Jurisdiction of State of Florida.
(c)
Transfer of lands as subject to existing leases, etc.; additional water rights.
1748.
Limitations of actions.
1749.
Revocation of settlement.
Part B-Miccosukee Settlement
1750.
Congressional findings.
1750a.
Definitions.
1750b.
Ratification.
1750c.
Authority of Secretary.
1750d.
Miccosukee Indian Reservation lands.
1750e.
Miscellaneous.
(a)
Rule of construction.
(b)
No reductions in payments.
(c)
Taxation.
SUBCHAPTER IV-CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT
1751.
Congressional findings.
1752.
Definitions.
1753.
Extinguishment of aboriginal titles and Indian claims.
(a)
Approval and ratification of prior transfers.
(b)
Extinguishment of title.
(c)
Extinguishment of claims.
(d)
Savings provision.
(e)
Effective date; notice.
1754.
Mashantucket Pequot Settlement Fund.
(a)
Establishment and administration.
(b)
Expenditure of Fund; private settlement lands; economic development plan; acquisition of land and natural resources.
(c)
Transfer of private settlement land as involuntary conversion.
(d)
Documentation of relinquishment of tribal claims.
(e)
Authorization of appropriation.
1755.
State jurisdiction over reservation.
1756.
Practice and procedure.
(a)
Constitutionality.
(b)
Jurisdiction.
(c)
Removal of actions.
(d)
Jurisdictional acts; implied consent to sue the United States.
1757.
Restriction against alienation.
1758.
Extension of Federal recognition and privileges.
(a)
Applicability of United States laws and regulations.
(b)
Filing of organic governing document and amendments.
(c)
Eligibility for services and benefits.
1759.
General discharge and release of State of Connecticut.
1760.
Separability.
SUBCHAPTER V-MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT
1771.
Congressional findings and declaration of policy.
1771a.
Gay Head Indian claims settlement fund.
(a)
Fund established.
(b)
Authorization for appropriation.
(c)
State contribution required.
1771b.
Approval of prior transfers and extinguishment of aboriginal title and claims of Gay Head Indians.
(a)
Approval of prior transfers.
(b)
Extinguishment of aboriginal title.
(c)
Extinguishment of claims arising from prior transfers or extinguishment of aboriginal title.
(d)
Personal claims not affected.
1771c.
Conditions precedent to Federal purchase of settlement lands.
(a)
Initial determination of State and local action.
(b)
Reliance upon Attorney General of Massachusetts.
1771d.
Purchase and transfer of settlement lands.
(a)
Purchase of private settlement lands.
(b)
Payment for survey and appraisal.
(c)
Acquisition of additional lands.
(d)
Transfer and survey of land to Wampanoag Tribal Council.
(e)
Proceedings authorized to acquire or to perfect title.
(f)
Public settlement lands held in trust.
(g)
Application.
(h)
Spending authority.
1771e.
Jurisdiction over settlement lands; restraint on alienation.
(a)
Limitation on Indian jurisdiction over settlement lands.
(b)
Subsequent holder bound to same terms and conditions.
(c)
Reservations of right and authority relating to settlement lands.
(d)
Exemption from State assessment.
1771f.
Definitions.
1771g.
Applicability of State law.
1771h.
Limitations of action; jurisdiction.
1771i.
Eligibility.
SUBCHAPTER VI-FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT
1772.
Findings and policy.
1772a.
Definitions.
1772b.
Findings by Secretary.
1772c.
Approval of prior transfers and extinguishment of claims and aboriginal title involving Florida Indians.
(a)
Approval of Settlement Agreement; effect of approval.
(b)
Extinguishment of claims based on aboriginal title.
(c)
Construction of subsection (a) and section 1772e.
1772d.
Special provisions for Seminole Tribe.
(a)
Acceptance of land by Secretary in trust for Seminole Tribe.
(b)
Survey of Seminole Federal Reservations in Florida.
(c)
Acceptance of land in future by Secretary in trust for Seminole Tribe.
(d)
Civil and criminal jurisdiction over lands acquired by United States in trust for Seminole Tribe.
1772e.
Water rights compact.
1772f.
Judicial review.
1772g.
Revocation of settlement.
SUBCHAPTER VII-WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS SETTLEMENT
1773.
Congressional findings and purpose.
(a)
Findings.
(b)
Purpose.
1773a.
Resolution of Puyallup tribal land claims.
(a)
Relinquishment.
(b)
Exception for certain lands.
(c)
Personal claims.
1773b.
Settlement lands.
(a)
Acceptance by Secretary.
(b)
Contamination.
(c)
Lands described.
(d)
Reservation status.
(e)
Authorization of appropriations.
1773c.
Future trust lands.
1773d.
Funds to members of Puyallup Tribe.
(a)
Payment to individual members.
(b)
Permanent trust fund for tribal members.
1773e.
Fisheries.
1773f.
Economic development and land acquisition.
(a)
Economic development and land acquisition fund.
(b)
Foreign trade.
(c)
Blair project.
1773g.
Jurisdiction.
1773h.
Miscellaneous provisions.
(a)
Liens and forfeitures, etc.
(b)
Eligibility for Federal programs; trust responsibility.
(c)
Permanent trust fund not counted for certain purposes.
(d)
Tax treatment of funds and assets.
1773i.
Actions by Secretary.
1773j.
Definitions.
SUBCHAPTER VIII-SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT
1774.
Findings and purposes.
(a)
City of Salamanca and congressional villages.
(b)
Purpose.
1774a.
Definitions.
1774b.
New leases and extinguishment of claims.
(a)
New leases.
(b)
Extinguishment of claims.
(c)
Effective date of leases and relinquishments.
1774c.
Responsibilities and restrictions.
(a)
Seneca Nation.
(b)
Lessees.
(c)
United States.
(d)
State.
1774d.
Settlement funds.
(a)
In general.
(b)
Funds provided by United States.
(c)
Funds to be provided by State.
(d)
Time of payments.
(e)
Limitation.
1774e.
Conditions precedent to payment of United States and State funds.
1774f.
Miscellaneous provisions.
(a)
Liens and forfeitures, etc.
(b)
Eligibility for Government programs.
(c)
Land acquisition.
1774g.
Limitation of action.
1774h.
Authorization of appropriations.
SUBCHAPTER IX-MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT
1775.
Findings and purposes.
(a)
Findings.
(b)
Purposes.
1775a.
Definitions.
1775b.
Action by Secretary.
(a)
In general.
(b)
Publication by Secretary.
(c)
Effect of publication.
(d)
Extinguishment of claims.
(e)
Transfers.
(f)
Limitation.
(g)
Statutory construction.
1775c.
Conveyance of lands to United States to be held in trust for Mohegan Tribe.
(a)
In general.
(b)
Consultation.
1775d.
Consent of United States to State assumption of criminal jurisdiction.
(a)
In general.
(b)
Statutory construction.
1775e.
Ratification of Town Agreement.
(a)
In general.
(b)
Approval of Town Agreement.
1775f.
General discharge and release of obligations of State of Connecticut.
1775g.
Effect of revocation of State Agreement.
(a)
In general.
(b)
Right of Mohegan Tribe to reinstate claim.
1775h.
Judicial review.
(a)
Jurisdiction.
(b)
Deadline for filing.
SUBCHAPTER X-CROW LAND CLAIMS SETTLEMENT
1776.
Findings and purpose.
(a)
Findings.
(b)
Purpose.
1776a.
Definitions.
1776b.
Settlement Agreement.
(a)
Execution.
(b)
Ratification.
(c)
Modification.
(d)
Enforcement.
1776c.
Settlement terms and conditions and extinguishment of claims.
(a)
Property within parcel number 1.
(b)
Property within parcel number 2.
(c)
Property within parcel number 3 and parcel number 4.
(d)
Exchange of public lands.
(e)
Crow Tribal Trust Fund.
1776d.
Establishment and administration of Crow Tribal Trust Fund.
(a)
Establishment.
(b)
Contributions.
(c)
Investment.
(d)
Distribution of interest.
(e)
Use of interest for economic development.
(f)
Limitation.
1776e.
Eligibility for other Federal services.
1776f.
Exchanges of land or minerals.
(a)
In general.
(b)
Ownership by non-Indians.
1776g.
Applicability.
(a)
In general.
(b)
Approval of releases and waivers.
1776h.
Escrow funds.
(a)
In general.
(b)
Establishment of Suspension Accounts.
(c)
Contributions to Suspension Accounts.
(d)
Limitation.
(e)
Investment.
(f)
Withdrawals and termination.
1776i.
Fort Laramie Treaty of 1868.
1776j.
Satisfaction of claims.
1776k.
Authorization of appropriations.