
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1712]

 
                            TITLE 25--INDIANS
 
               CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
 
           SUBCHAPTER I--RHODE ISLAND INDIAN CLAIMS SETTLEMENT
 
                       Part A--General Provisions
 
Sec. 1712. Approval of prior transfers and extinguishment of 
        claims and aboriginal title outside town of Charlestown, Rhode 
        Island and involving other Indians in Rhode Island
        

(a) Scope of applicability

    Except as provided in subsection (b) of this section--
        (1) any transfer of land or natural resources located anywhere 
    within the State of Rhode Island outside the town of Charlestown 
    from, by, or on behalf of any Indian, Indian nation, or tribe of 
    Indians (other than transfers included in and approved by section 
    1705 of this title), 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, 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 paragraph (1) may involve land or natural resources to 
    which such Indian, Indian nation, or tribe of Indians had aboriginal 
    title, paragraph (1) 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 such transfers of land or 
    natural resources effected by this subsection 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 any such Indian, Indian nation, or tribe of Indians, 
    arising subsequent to the transfer and based upon any interest in or 
    rights 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) Exceptions

    This section shall not apply to any claim, right, or title of any 
Indian, Indian nation, or tribe of Indians that is asserted in an action 
commenced in a court of competent jurisdiction within one hundred and 
eighty days of September 30, 1978: Provided, That the plaintiff in any 
such action shall cause notice of the action to be served upon the 
Secretary and the Governor of the State of Rhode Island.

(Pub. L. 95-395, Sec. 13, Sept. 30, 1978, 92 Stat. 817.)

                       References in Text

    The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 
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.
