Page:United States Statutes at Large Volume 97.djvu/885

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PUBLIC LAW 98-134—OCT. 18, 1983 97 STAT. 853 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) By virtue of the approval and ratification of a transfer of land or natural resources effected by subsection (a), 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 subsec- tion (a) shall be regarded as extinguished as of the date of such transfer. (c) 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 usc 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), or (2) any aboriginal title to land or natural resources the extin- guishment of which was effected by subsection (b), shall be regarded as extinguished as of the date of any such transfer. (d) Nothing in this section shall be construed to afiect 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)(1) This section shall take effect upon the appropriation of $900,000 as authorized under section 5(e) of this Act. (2) The Secretary shall publish notice of such appropriation in the Federal Register when the funds are deposited in the fund estab- lished under section 5(a) of this Act. Effective date. Notice, publication in Federal Register. MASHANTUCKET PEQUOT SETTLEMENT FUND Establishment. 25 USC 1754. SEC. 5. (a) There is hereby established in the United States Treasury an account to be known as the Mashantucket Pequot Settlement Fund (hereinafter referred to in this section as the "Fund"). The Fund shall be held in trust by the Secretary for the benefit of the Tribe and administered in accordance with this Act. (b)(1) The Secretary is authorized and directed to expend, at the Expenditure request of the Tribe, the Fund together with any and all income accruing to such Fund in accordance with this subsection. (2) Not less than $600,000 of the Fund shall be available until January 1, 1985, for the acquisition by the Secretary of private settlement lands. Subsequent to January 1, 1985, the Secretary shall determine whether and to what extent an amount less than $600,000 has been expended to acquire private settlement lands and shall make that amount available to the Tribe to be used in accordance with the economic development plan approved pursuant to para- graph (3). (3)(A) The Secretary shall disburse all or part of the Fund together Disbursement, with any and all income accruing to such Fund (excepting the Private settlement lands.