§ 1753. — Extinguishment of aboriginal titles and Indian claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1753]
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
(a) Approval and ratification of prior transfers
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 title
By 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 claims
By 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 provision
Nothing 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, Sec. 4, Oct. 18, 1983, 97 Stat. 852.)
References in Text
The 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.
Codification
In subsec. (a), ``October 18, 1983'' substituted for ``the date of
enactment of this Act'', meaning the date of approval of Pub. L. 98-134.
Section Referred to in Other Sections
This section is referred to in sections 1754, 1760 of this title.
