Page:United States Statutes at Large Volume 101 Part 1.djvu/738

 101 STAT. 708

PUBLIC LAW 100-95—AUG. 18, 1987

(c) RESERVATIONS OF RIGHT AND AUTHORITY RELATING TO SETTLEMENT LANDS.—No provision of this Act shall affect or otherwise

impair— (1) any authority to impose a lien or temporary seizure on the settlement lands as provided in the State Implementing Act; (2) the authority of the Secretary to approve leases in accordance with the Act entitled "An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases", approved August 9, 1955 (25 U.S.C. 415 et seq.); or (3) the legal capacity of the Wampanoag Tribal Council of Gay Head, Inc. to transfer the settlement lands to any tribal entity which may be organized as a successor in interest to Wampanoag Tribal Council of Gay Head, Inc. or to transfer— (A) the right to use the settlement lands to its members, ~ -^ ^"' - •{ /.fcfc

(B) any easement for public or p r i v a t e purposes in accordance with the laws of the C o m m o n w e a l t h of Massachusetts or the ordinances of the town of Gay Head, Massachusetts, or (C) title to the West Basin S t r i p to the town of G a y Head,

Massachusetts, pursuant to the terms of the Settlement Agreement. (d) EXEMPTION FROM STATE ASSESSMENT.—Any land held in trust by the Secretary for the benefit of the Wampanoag Tribal Council of Gay Head, Inc. shall be exempt from taxation or lien or "in lieu of payment" or other assessment by the State or any political subdivision of the State to the extent provided by the Settlement Agreement: Provided, however, That such taxation or lien or "in lieu of payment" or other assessment will only apply to lands which are zoned and utilized as commercial: Provided further. That this section shall not be interpreted as restricting the Tribe from entering into an agreement with the town of Gay Head to reimburse such town for the delivery of specific public services on the tribal lands. 25 USC 1771f

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SEC. 8. DEFINITIONS.

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For the purposes of this Act: (1) COOK LANDS.—The term "Cook lands" means the lands described in paragraph (5) of the Settlement Agreement. (2) WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC.—The term "Wampanoag Tribal Council of Gay Head, Inc." means the tribal entity recognized by the Secretary of the Interior as having a government to government relationship with the United States. The Wampanoag Tribal Council of Gay Head, Inc. is the sole and legitimate tribal entity which has a claim under the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137), to land within the town of Gay Head. The membership of the Wampanoag Tribal Council of Gay Head, Inc., includes those 521 individuals who have been recognized by the Secretary of the Interior as being members of the Wampanoag Tribal Council of Gay Head, Inc., and such Indians of Gay Head ancestry as may be added from time to time by the governing body of the Wampanoag Tribal Council of Gay Head, Inc.: Provided, That nothing in this section shall prevent the voluntary withdrawal from membership in the Wampanoag Tribal Council of Gay Head, Inc., pursuant to procedures established by the Tribe. The governing body of the

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