Common use of Prerequisites; consequences Clause in Contracts

Prerequisites; consequences. If the Secretary finds that the State of Rhode Island has satisfied the conditions set forth in section 1706 of this title, he shall publish such findings in the Federal Register and upon such publication— (1) any transfer of land or natural resources located anywhere within the United States from, by, or on behalf of the Indian Corpora- tion or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or succes- sor in interest, member or stockholder there- of, and any transfer of land or natural re- sources located anywhere within the town of Charlestown, Rhode Island, by, from, or on be- half of any Indian, Indian nation, or tribe of Indians, including but not limited to a trans- fer pursuant to any statute of any State, 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 of Indians (including but not limited to 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), and Congress does hereby approve any such transfer effective as of the date of said transfer; (2) to the extent that any transfer of land or natural resources described in subsection (a) of this section may involve land or natural re- sources to which the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in in- terest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indi- ans, had aboriginal title, subsection (a) of this section shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and (3) by virtue of the approval of a transfer of land or natural resources effected by this sec- tion, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Indian Cor- poration or any other entity presently or at any time in the past known as the Narragan- sett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or right involving such land or natural resources (including but not limited to claims for tres- pass damages or claims for use and occupancy) shall be regarded as extinguished as of the date of the transfer.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Prerequisites; consequences. If the Secretary finds that the State of Rhode Island has satisfied the conditions set forth in section 1706 of this title, he shall publish such findings in the Federal Register and upon such publication— (1) any transfer of land or natural resources located anywhere within the United States from, by, or on behalf of the Indian Corpora- tion or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or succes- sor in interest, member or stockholder there- of, and any transfer of land or natural re- sources located anywhere within the town of Charlestown, Rhode Island, by, from, or on be- half of any Indian, Indian nation, or tribe of Indians, including but not limited to a trans- fer pursuant to any statute of any State, 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 of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 17900000, chxx. 33, sec. 4, 1 Stat. 137, and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer; (2) to the extent that any transfer of land or natural resources described in subsection (a) of this section may involve land or natural re- sources to which the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in in- terest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indi- ans, had aboriginal title, subsection (a) of this section shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and (3) by virtue of the approval of a transfer of land or natural resources effected by this sec- tion, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Indian Cor- poration or any other entity presently or at any time in the past known as the Narragan- sett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or right involving such land or natural resources (including but not limited to claims for tres- pass damages or claims for use and occupancy) shall be regarded as extinguished as of the date of the transfer.

Appears in 1 contract

Samples: Settlement Agreement

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Prerequisites; consequences. If the Secretary finds that the State of Rhode Island has satisfied the conditions set forth in section 1706 of this title, he shall publish such findings in the Federal Register and upon such publication— (1) any transfer of land or natural resources located anywhere within the United States from, by, or on behalf of the Indian Corpora- tion or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or succes- sor in interest, member or stockholder there- of, and any transfer of land or natural re- sources located anywhere within the town of Charlestown, Rhode Island, by, from, or on be- half of any Indian, Indian nation, or tribe of Indians, including but not limited to a trans- fer pursuant to any statute of any State, 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 of Indians (including but not limited to 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), and Congress does hereby approve any such transfer effective as of the date of said transfer; (2) to the extent that any transfer of land or natural resources described in subsection (a) of this section may involve land or natural re- sources to which the Indian Corporation or any other entity presently or at any time in the past known as the Narragansett Tribe of Indians, or any predecessor or successor in in- terest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indi- ans, had aboriginal title, subsection (a) of this section shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and (3) by virtue of the approval of a transfer of land or natural resources effected by this sec- tion, or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Indian Cor- poration or any other entity presently or at any time in the past known as the Narragan- sett Tribe of Indians, or any predecessor or successor in interest, member or stockholder thereof, or any other Indian, Indian nation, or tribe of Indians, arising subsequent to the TITLE 25—INDIANS transfer and based upon any interest in or right involving such land or natural resources (including but not limited to claims for tres- pass damages or claims for use and occupancy) shall be regarded as extinguished as of the date of the transfer.

Appears in 1 contract

Samples: Settlement Agreement

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