25-U.S.C.-1753
§1753 – Extinguishment of Aboriginal Titles and Indian Claims
Pathway
Title 25 > Chapter 19 > Subchapter IV > Section 1753
Details
- Reference: Section 1753
- Legend: §1753 – Extinguishment of Aboriginal Titles and Indian Claims
- USCode Year: 2013
Provision Content
(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, §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.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-1734 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-1734, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
25-U.S.C.-1745 in the Legal Encyclopedia: Settlement
In this entry about 25-U.S.C.-1745, find legal reference material, bibliographies and premiere content related to settlement in the American Encyclopedia of Law, presenting a comprehensive view of the United States settlement-specific issues, written by authorities in the field.
25-U.S.C.-1744 in the Legal Encyclopedia: Land
In this entry about 25-U.S.C.-1744, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
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