Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987

(Measure passed House, amended)

Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987 - Establishes the Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund in the Treasury. Authorizes appropriations for such fund. Requires the State of Massachusetts to contribute an amount equal to the U.S. contribution to such fund before any part of it can be spent.

Provides that any transfer of lands within the United States made by or on behalf of the Wampanoag Tribal Council of Gay Head or any land transfer made within the town of Gay Head by any Indian or Indian tribe shall be deemed to have been made: (1) in accordance with the Constitution and laws of the United States; and (2) with the consent of the Congress.

Provides for the extinguishment of: (1) any aboriginal title to such transferred lands held by the Council or any other entity known as the Gay Head Indians; and (2) any Indian claim which is based on the transfer of such lands or on any aboriginal title to such lands. Provides that certain personal claims shall not be affected.

Prohibits the Secretary of the Interior from purchasing or transferring lands to be held in trust for the Council pursuant to a settlement agreement between the Council and interested parties in Massachusetts until: (1) Massachusetts enacts legislation authorizing the town of Gay Head to convey certain lands to the Secretary for the Council and giving the Council authority to regulate any hunting by Indians on the settlement lands conducted by means other than firearms or crossbow; (2) the town of Gay Head has authorized the conveyance of such lands to the Secretary for the Council; and (3) the Council has submitted to the Secretary a waiver of all claims covered by this Act.

Authorizes the Secretary to expend a specified amount to acquire the private settlement lands under such agreement. Requires the Secretary to obtain a survey of public settlement lands within 60 days after acquiring such lands and to provide reimbursement for a previous appraisal of private settlement lands. Requires the Secretary to expend any remaining funds to acquire for the Council additional lands that are contiguous to the private settlement lands. Authorizes the Secretary to commence condemnation proceedings necessary to: (1) acquire title in any private settlement land; and (2) condemn any interest adverse to any ostensible owner of such land.

Prohibits the Council from having any jurisdiction over nontribal members and from exercising any jurisdiction over any part of the settlement lands in contravention of this Act, the civil and criminal laws of Massachusetts and the town of Gay Head, and applicable Federal laws. Provides that subsequent holders of settlement lands shall be bound by the terms and conditions applicable to the Council.

Provides that the settlement lands will be subject to: (1) authority to impose a lien or seizure of lands as provided in the State implementing act; (2) the Secretary's authority to approve leases; and (3) the Council's legal capacity to transfer the settlement lands to a tribal entity which may be a successor in interest.

Provides that commercial land held by the Secretary will be exempt from State or local taxation or other assessment to the extent provided in the settlement agreement.

Subjects Indian lands in Gay Head to the civil and criminal laws of Massachusetts and the town. Sets a statute of limitations upon actions to contest the constitutionality of this Act. Vests exclusive jurisdiction over such actions in the U.S. District Court for the District of Massachusetts.

Provides that for the purpose of eligibility for Federal services made available to members of federally-recognized Indian tribes because of their status as Indians, members of the tribe residing on Martha's Vineyard shall be deemed to be living on or near an Indian reservation.