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U.S. Code as of:
01/02/2006
Section 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
Except as provided in subsection (b) of this section -
(1) any transfer of land or natural resources located anywhere
within the State of Rhode Island outside the town of Charlestown
from, by, or on behalf of any Indian, Indian nation, or tribe of
Indians (other than transfers included in and approved by section
1705 of this title), including but not limited to a transfer
pursuant to any statute of any State, 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
land 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 (ch.
33, 1 Stat. 137), and all amendments thereto and all subsequent
versions thereof), and Congress does hereby approve any such
transfer effective as of the date of said transfer;
(2) to the extent that any transfer of land or natural
resources described in paragraph (1) may involve land or natural
resources to which such Indian, Indian nation, or tribe of
Indians had aboriginal title, paragraph (1) shall be regarded as
an extinguishment of such aboriginal title as of the date of said
transfer; and
(3) by virtue of the approval of such transfers of land or
natural resources effected by this subsection or an
extinguishment of aboriginal title effected thereby, all claims
against the United States, any State or subdivision thereof, or
any other person or entity, by any such Indian, Indian nation, or
tribe of Indians, arising subsequent to the transfer and based
upon any interest in or rights involving such land or natural
resources (including but not limited to claims for trespass
damages or claims for use and occupancy), shall be regarded as
extinguished as of the date of the transfer.
(b) Exceptions
This section shall not apply to any claim, right, or title of any
Indian, Indian nation, or tribe of Indians that is asserted in an
action commenced in a court of competent jurisdiction within one
hundred and eighty days of September 30, 1978: Provided, That the
plaintiff in any such action shall cause notice of the action to be
served upon the Secretary and the Governor of the State of Rhode
Island.
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