Laws: Cases and Codes : U.S. Code : Title 25
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U.S. Code as of:
01/19/04
Chapter 19 - Notes
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.
SUBCHAPTER XI - SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT
1777. Findings and purposes.
(a) Findings.
(b) Purpose.
(c) Rule of construction.
1777a. Definitions.
1777b. Ratification of Settlement Agreement.
1777c. Resolution of disputes and claims.
(a) Relinquishment, extinguishment, and compromise
of Santo Domingo claims.
(b) Trust funds; authorization of appropriations.
(c) Activities upon compromise.
1777d. Affirmation of accurate boundaries of Santo Domingo
Pueblo Grant.
(a) In general.
(b) Limitation.
(c) Acquisition of Federal lands.
(d) Land subject to provisions.
(e) Rule of construction.
1777e. Miscellaneous provisions.
(a) Exchange of certain lands with New Mexico.
(b) Other exchanges of land.
(c) Approval of certain resolutions.
SUBCHAPTER XII - TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS
SETTLEMENT
1778. Congressional findings and purpose.
(a) Findings.
(b) Purpose.
1778a. Definitions.
1778b. Ratification of Settlement Agreement.
1778c. Settlement funds.
(a) Establishment of tribal and allottees
settlement trust funds accounts.
(b) Contributions to the settlement trust funds.
(c) Administration of settlement trust funds.
1778d. Trust land acquisition and status.
(a) Acquisition and placement of lands into trust.
(b) Restrictions on gaming.
(c) Water rights.
1778e. Permanent flowage easements.
(a) Conveyance of easement to Coachella Valley
Water District.
(b) Conveyance of easement to Imperial Irrigation
District.
1778f. Satisfaction of claims, waivers, and releases.
(a) Satisfaction of claims.
(b) Approval of waivers and releases.
1778g. Miscellaneous provisions.
(a) Eligibility for benefits.
(b) Eligibility for other services not affected.
(c) Preservation of existing rights.
(d) Amendment of Settlement Agreement.
1778h. Authorization of appropriations.
SUBCHAPTER XIII - CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS
SETTLEMENT
1779. Findings.
1779a. Purposes.
1779b. Definitions.
1779c. Settlement and claims; appropriations; allocation of
funds.
(a) Extinguishment of claims.
(b) Release of tribal claims to certain Drybed
Lands.
(c) Authorization for settlement appropriations.
(d) Allocation and deposit of funds.
1779d. Tribal trust funds.
(a) Establishment, purpose, and management of trust
funds.
(b) Management of funds.
1779e. Attorney fees.
(a) Payment.
(b) Limitations.
1779f. Release of other tribal claims and filing of claims.
(a) Extinguishment of other tribal claims.
(b) Claims of other Indian tribes.
(c) Declaration with respect to scope of rights,
title, and interests.
1779g. Effect on claims.
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