Page:United States Statutes at Large Volume 101 Part 1.djvu/735

 PUBLIC LAW 100-95—AUG. 18, 1987

101 STAT. 705

(b) AUTHORIZATION FOR APPROPRIATION.—There is hereby authorized to be appropriated $2,250,000 for such fund to remain available until expended. (c) STATE CONTRIBUTION REQUIRED.—Amounts may be expended

from the fund only upon deposit by the State of Massachusetts into the fund of an amount equal to that amount to be expended by the United States so that both the United States and the State of Massachusetts bear one-half of the cost of the acquisition of lands under section 6. SEC. 4. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF ABORIGINAL TITLE AND CLAIMS OF GAY HEAD INDIANS.

25 USC 1771b.

(a) APPROVAL OF PRIOR TRANSFERS.—(1) Any transfer before the date of the enactment of this Act of land or natural resources now located anywhere within the United States from, by, or on behalf of the Wampanoag Tribal Council of Gay Head, Inc., or (2) any transfer before the date of the enactment of this Act by, from, or on behalf of any Indian, Indian nation, or tribe or band of Indians, of any land or natural resources located anywhere within the town of Gay Head, Massachusetts, including any transfer pursuant to any statute of the State, and the incorporation of the town of Gay Head, 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 or band of Indians (including 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). Any such transfer and any transfer in implementation of this Act, shall be deemed to have been made with the consent and approval of Congress as of the date of such transfer. (b) EXTINGUISHMENT OF ABORIGINAL TITLE.—Any aboriginal title held by the Wampanoag Tribal Council of Gay Head, Inc. or any other entity presently or at any time in the past known as the Gay Head Indians, to any land or natural resources the transfer of which is consented to and approved in subsection (a) is considered extinguished as of the date of such transfer. (c) EXTINGUISHMENT OF CLAIMS ARISING FROM PRIOR TRANSFERS OR EXTINGUISHMENT OF ABORIGINAL TITLE.—Any claim (including

any claim for damages for use and occupancy) by the Wampanoag Tribal Council of Gay Head, Inc., the Gay Head Indians, or any other Indian, Indian nation, or tribe or band of Indians against the United States, any State or political subdivision of a State, or any other person which is based on— (1) any transfer of land or natural resources which is consented to and approved in subsection (a), or (2) any aboriginal title to land or natural resources the transfer of which is consented to and approved in subsection (b), is extinguished as of the date of any such transfer. (d) PERSONAL CLAIMS NOT AFFECTED.—No provision of this section shall be construed to offset or eliminate the personal claim of any individual Indian which is pursued under any law of general applicability that protects non-Indians as well as Indians. SEC. 5 CONDITIONS PRECEDENT TO FEDERAL PURCHASE OF SETTLE- 25 USC 1771c.. M E N T LANDS. (a) INITIAL DETERMINATION OF STATE AND LOCAL ACTION.—No

action shall be taken by the Secretary under section 6 before the

Federal Register, publication.

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