
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: 25USC1744]

 
                            TITLE 25--INDIANS
 
               CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
 
   SUBCHAPTER III--FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT
 
        Part A--Florida Indian Land Claims Settlement Act of 1982
 
Sec. 1744. Approval of prior transfers and extinguishment of 
        claims and aboriginal title involving Florida Indians
        

(a) Publication of findings; consequences

    If the Secretary finds that the State of Florida has satisfied the 
conditions set forth in section 1743 of this title, he shall publish 
such findings and the Settlement Agreement in the Federal Register, and 
upon such publication--
        (1) the transfers, waivers, releases, relinquishments, and other 
    commitments made by the Miccosukee Tribe in paragraph 3 of the 
    Settlement Agreement between the State of Florida and the Miccosukee 
    Tribe shall be of full force and effect on the terms and conditions 
    therein stated; and
        (2) the transfers, waivers, releases, relinquishments, and other 
    commitments validated by paragraph (1) of this subsection and the 
    transfers and extinguishments approved and validated by paragraphs 
    (1) and (2) of subsection (b) of this section 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 
    lands or natural resources from, by, or on behalf of any Indian, 
    Indian nation, or tribe of Indians (including but not limited to the 
    Act of July 22, 1790 (1 Stat. 137) and any amendments thereto and 
    all subsequent versions thereof), and Congress does hereby approve 
    any such transfers effective as of the date of such transfers.

(b) Scope of applicability to claims, transfers, etc.

    (1) All claims to lands within the State of Florida based upon 
aboriginal title by the Miccosukee Tribe, or any predecessor or 
successor in interest, are hereby extinguished, and any transfer of 
lands or natural resources located anywhere within the State of Florida, 
including but not limited to transfers pursuant to the statute or treaty 
of or with any State or the United States, by, from, or on behalf of the 
Miccosukee Tribe, or any predecessor or successor in interest, shall be 
deemed to be in full force and effect: Provided, however, That nothing 
herein shall be construed as extinguishing any aboriginal right, title, 
interest, or claim to lands or natural resources solely to the extent of 
the rights or interests defined as ``excepted interests'' in paragraph 
3c of the Settlement Agreement between the State of Florida and the 
Miccosukee Tribe.
    (2) By virtue of the approval of a transfer of lands 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 Miccosukee 
Tribe, arising subsequent to the transfer and based upon any interest in 
or right involving such lands 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.
    (3) Notwithstanding any other provision of this subsection, nothing 
in this subchapter shall be construed as extinguishing any right, title, 
interest, or claim to lands or natural resources in the State of Florida 
by any individual Indian--
        (A) which is based on use and occupancy, or
        (B) which was acquired under Federal or State law,

and which is not derived from or through the Miccosukee Tribe, or its 
predecessor or predecessors in interest.

(Pub. L. 97-399, Sec. 5, Dec. 31, 1982, 96 Stat. 2013.)

                       References in Text

    Act of July 22, 1790, referred to in subsec. (a)(2), is act July 22, 
1790, ch. 33, 1 Stat. 137, which was not classified to the Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 1743, 1749 of this title.
