7 1 States, including without limitation the Nonintercourse Act 2 provision of the Trade and Intercourse Act of 1790, and 3 Congress does hereby approve, validate, and ratify any such 4 transfer effective as of the date of said transfer. 5 (b) To the extent that any transfer of land or natural 6 resources described in subsection (a) of this section may in7 volve land or natural resources to which any Indian tribe had 8 aboriginal title, subsection (a) shall be regarded as an extin9 guishment of such aboriginal title as of the date of such 10 transfer. 11 (c) By virtue of the approval, validation, and ratification 12 of a transfer of land or natural resources (whether such land 13 or natural resources were held under aboriginal or recognized 14 title) effected by this section, or the extinguishment of ab15 original title effected thereby, no action by the United States, 16 any State or subdivision thereof, or any other person or 17 entity at the time of or subsequent to the transfer and involv18 ing the ownership, use or occupancy of such land or natural 19 resources shall be regarded as giving rise to a claim of tres20 pass, or for mesne profits or for use and occupancy, in favor 21 of any Indian tribe that may have formerly occupied or held 22 any claim to such land or natural resources, and all actual or 23 theoretical claims against the United States, any State or 24 subdivision thereof, or any other person or entity, by any 25 Indian tribe arising at the time of or subsequent to the trans 8 1 fer and based on any interest in or right involving such land 2 or natural resources, including without limitation claims for 3 trespass damages, mesne profits, or claims for use and occu4 pancy, shall be deemed extinguished as of the date of such 5 transfer. 6 (d) This section shall not apply to those lands that are 7 located within the Allegany and Cattaraugus Reservations of 8 the Seneca Nation in the State of New York and were leased 9 under authority of the Act of February 19, 1875 (18 Stat. 10 330). 11 12 NOTIFICATION OF CLAIMS TO THE SECRETARY; SETTLEMENT AGREEMENTS 13 SEC. 5. (a)(1) As soon as practicable after the date of 14 enactment of this Act, the Secretary shall publish in the Fed15 eral Register a notice specifying that any Indian tribe whose 16 transfer of land or natural resources has been approved, vali17 dated, and ratified by section 4 of this Act may submit to the 18 Secretary such information as the tribe may wish the Secre19 tary to consider in making the determinations specified in 20 subsection (c)(1) of this section. 21 (2) To the extent that, with respect to any particular 22 Indian tribe, the Secretary already possesses information 23 needed to make the determinations specified in subsection 24 (c)(1) of this section, the Secretary shall consult with repre25 sentatives of said Indian tribe in order to minimize the S 2084 IS 9 1 burden on said Indian tribe in preparing the submission speci 2 fied in subsection (b) of this section. 3 (b) No later than one hundred and eighty days after the 4 publication by the Secretary in the Federal Register of the 5 notice specified in subsection (a)(1) of this section, any Indian 6 tribe whose transfer of land or natural resources has been 7 approved, validated, and ratified by section 4 of this Act may 8 submit to the Secretary information in response to the 9 Secretary's notice. 10 (c)(1) Within one hundred and eighty days after the date 11 by which submissions must be filed with the Secretary pursu12 ant to subsection (b) of this section, the Secretary shall deter13 mine, with respect to each Indian tribe that has made a sub14 mission pursuant to subsection (b) of this section, whether 15 such Indian tribe had a credible claim, and, if so, the fair and 16 equitable monetary award that he believes should be made by 17 the United States to such Indian tribe. Such determinations 18 shall not be subject to judicial review by any court. 19 (2) In determining what he believes is a fair and equita20 ble award that should be made by the United States to any 21 Indian tribe pursuant to paragraph (1) of this subsection, the 22 Secretary may consider: the consideration received for the 23 original transfer of the land or natural resources in relation to 24 the reasonable fair market value of the land or natural re25 sources at the time of the original transfer; whether, through S 2084 IS 10 1 Indian Claims Commission judgments or otherwise, the 2 United States has already paid any amounts to such tribes 3 with respect to the transfer of such land or natural resources; 4 whether State governments have already paid any amounts 5 to such tribes with respect to the transfer of such land or 6 natural resources; appropriate adjustments for delay in re7 ceipt of fair compensation; the legal strength and validity of 8 the claim; the legal strength and validity of any defenses that 9 would have been raised in opposition to the claim; and such 10 other factors as he may deem appropriate. 11 (d) Any determination by the Secretary under subsection 12 (c) of this section must be accepted or rejected by the Indian 13 tribe in question within sixty days after such determination. 14 Upon acceptance by the Indian tribe, the determination of 15 the Secretary shall become final and binding upon the par16 ties. 17 (e) The Secretary is authorized to assist any Indian tribe 18 receiving monetary compensation under this section in using 19 all or a portion of those funds to purchase land or natural 20 resources from any person or governmental entity willing to 21 sell such land or natural resources. If Federal lands or natu22 ral resources are otherwise available, the Secretary, after 23 consultation with the appropriate State and local govern24 ments, may assist an Indian tribe in acquiring such lands: 25 Provided, That the amount of monetary compensation award S 2084 IS 11 1 ed the tribe shall be reduced by the amount of the fair market 2 value of the land or natural resources so acquired. Any land 3 or natural resources acquired pursuant to this subsection 4 shall for all purposes be subject to the civil and criminal juris5 diction of the State, to all laws of the State, and to the civil 6 and criminal jurisdiction of the courts of the State, to the 7 same extent as any other land therein. Such land or natural 8 resources shall be acquired by the tribe in fee simple and not 9 held by the United States in trust for the benefit of the tribe. 10 (f) In performing his responsibilities under this section, 11 the Secretary may adopt such procedures, and utilize such 12 personnel in assisting him in making factual or other determi13 nations, as he deems advisable. The Secretary may permit 14 other interested parties, including States, to provide informa15 tion relevant to the Secretary's determinations. 16 17 18 RECOVERY AGAINST THE UNITED STATES IN THE COURT OF CLAIMS SEC. 6. (a) Any Indian tribe that occupied or possessed 19 land or natural resources within the States of New York or 20 South Carolina and has never obtained a final judgment on a 21 claim filed in the Indian Claims Commission or Court of 22 Claims with respect to the transfer of such land or natural 23 resources, may, within one year of the date of enactment of 24 this Act, or, in the case of an Indian tribe that has made a 25 submission to the Secretary pursuant to section 5(b) of this S 2084 IS |