
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: 25USC1753]

 
                            TITLE 25--INDIANS
 
               CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
 
        SUBCHAPTER IV--CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT
 
Sec. 1753. Extinguishment of aboriginal titles and Indian claims


(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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1754, 1760 of this title.
