25 U.S.C. § 1705 : US Code - Section 1705: Publication of findings

Search 25 U.S.C. § 1705 : US Code - Section 1705: Publication of findings

(a) Prerequisites; consequences
If the Secretary finds that the State of Rhode Island has
satisfied the conditions set forth in section 1706 of this title,
he shall publish such findings in the Federal Register and upon
such publication -
(1) any transfer of land or natural resources located anywhere
within the United States from, by, or on behalf of the Indian
Corporation or any other entity presently or at any time in the
past known as the Narragansett Tribe of Indians, or any
predecessor or successor in interest, member or stockholder
thereof, and any transfer of land or natural resources located
anywhere within the town of Charlestown, Rhode Island, by, from,
or on behalf of any Indian, Indian nation, or tribe of Indians,
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, sec. 4, 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 subsection (a) of this section may involve
land or natural resources to which the Indian Corporation or any
other entity presently or at any time in the past known as the
Narragansett Tribe of Indians, or any predecessor or successor in
interest, member or stockholder thereof, or any other Indian,
Indian nation, or tribe of Indians, had aboriginal title,
subsection (a) of this section 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 a transfer of land or natural
resources effected by this section, 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 the Indian Corporation or any other entity presently
or at any time in the past known as the Narragansett Tribe of
Indians, or any predecessor or successor in interest, member or
stockholder thereof, or any other Indian, Indian nation, or tribe
of Indians, arising subsequent to the transfer and based upon any
interest in or right 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) Maintenance of action; remedy
Any Indian, Indian nation, or tribe of Indians (other than the
Indian Corporation or any other entity presently or at any time in
the past known as the Narragansett Tribe of Indians, or any
predecessor or successor in interest, member or stockholder
thereof) whose transfer of land or natural resources was approved
or whose aboriginal title or claims were extinguished by subsection
(a) of this section may, within a period of one hundred and eighty
days after publication of the Secretary's findings pursuant to this
section, bring an action against the State Corporation in lieu of
an action against any other person against whom a cause may have
existed in the absence of this section. In any such action, the
remedy shall be limited to a right of possession of the settlement
lands.