2011 US Code
Title 25 - Indians
Chapter 19 - INDIAN LAND CLAIMS SETTLEMENTS (§§ 1701 - 1780p)
Subchapter IV - CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT (§§ 1751 - 1760)
Section 1753 - Extinguishment of aboriginal titles and Indian claims
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS SUBCHAPTER IV - CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT Sec. 1753 - Extinguishment of aboriginal titles and Indian claims |
Contains | section 1753 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 98-134, §4, Oct. 18, 1983, 97 Stat. 852. |
Statutes at Large References | 1 Stat. 137 97 Stat. 852 |
Public Law References | Public Law 98-134 |
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Any transfer before October 18, 1983, from, by, or on behalf of the Tribe or any of its members of land or natural resources located anywhere within the United States, and any transfer before October 18, 1983, from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians of land or natural resources located anywhere within the town of Ledyard, Connecticut, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including without limitation the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137, 138), and all amendments thereto and all subsequent reenactments and versions thereof, and Congress hereby does approve and ratify any such transfer effective as of the date of said transfer.
(b) Extinguishment of titleBy virtue of the approval and ratification of a transfer of land or natural resources effected by subsection (a) of this section, any aboriginal title held by the Tribe or any member of the Tribe, or any other Indian, Indian nation, or tribe or band of Indians, to any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section shall be regarded as extinguished as of the date of such transfer.
(c) Extinguishment of claimsBy virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected thereby, any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Tribe or any member of the Tribe or by any other Indian, Indian nation, or tribe or band of Indians, against the United States, any State or subdivision thereof or any other person which is based on—
(1) any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section, or
(2) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b) of this section,
shall be regarded as extinguished as of the date of any such transfer.
(d) Savings provisionNothing in this section shall be construed to affect or eliminate the personal claim of any individual Indian (except for Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians.
(e) Effective date; notice(1) This section shall take effect upon the appropriation of $900,000 as authorized under section 1754(e) of this title.
(2) The Secretary shall publish notice of such appropriation in the Federal Register when the funds are deposited in the fund established under section 1754(a) of this title.
(Pub. L. 98–134, §4, Oct. 18, 1983, 97 Stat. 852.)
References in TextThe Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137, 138), referred to in subsec. (a), is not classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this title.
CodificationIn subsec. (a), “October 18, 1983” substituted for “the date of enactment of this Act”, meaning the date of approval of Pub. L. 98–134.
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