
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1705]

 
                            TITLE 25--INDIANS
 
               CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
 
           SUBCHAPTER I--RHODE ISLAND INDIAN CLAIMS SETTLEMENT
 
                       Part A--General Provisions
 
Sec. 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.

(Pub. L. 95-395, Sec. 6, Sept. 30, 1978, 92 Stat. 815.)

                       References in Text

    The Trade and Intercourse Act of 1790, Act of July 22, 1790, ch. 33, 
sec. 4, 1 Stat. 137, referred to in subsec. (a)(1), was not classified 
to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230, 251, 
263, and 264 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1706, 1707, 1712 of this 
title.
