Gay Head Wampanoag Indian Claims Settlement Act of 1985

(Measure passed Senate, amended)

Title I: Gay Head Wampanoag Indian Claims Settlement Act - Gay Head Wampanoag Indian Claims Settlement Act of 1985 - Establishes the Gay Head Indian Claims Settlement Fund in the Treasury. Authorizes appropriations for such fund. Requires the State of Massachusetts to contribute an amount equal to one-half of the U.S. contribution to such fund.

Provides that any transfer before the enactment of this Act of lands located anywhere in the United States or within the town of Gay Head, Massachusetts, on behalf of the Wampanoag Tribal Council, Gay Head Indians, or any other Indian tribe shall be deemed to have been made: (1) in accordance with the Constitution and the laws of the United States that are applicable to such transfers; and (2) with the consent of the Congress.

Provides for the extinguishment of: (1) any aboriginal title held by the Wampanoag Tribal Council or Gay Head Indians to such lands; and (2) any claim by such groups or any other Indian tribe, State, or local government against the United States which is based on the transfer of such lands or any aboriginal title to such lands. Provides that personal claims to such lands shall not be affected.

Sets forth specified conditions that must be met before the Secretary of the Interior can purchase such lands on behalf of the Gay Head Indians.

Requires the Secretary, within 60 days of the enactment of this Act, to enter into negotiations for the survey and purchase of such lands on behalf of the tribe at a fair market value. Requires arbitration to take place if the Secretary and any owner of such lands are unable to agree on such value. Requires the Secretary to purchase such lands within a specified time after the price and other terms have been determined.

Requires all rights, title, and interest in lands purchased by the Secretary and public settlement lands conveyed by the town of Gay Head to be held in trust for the Gay Head Indians. Requires the Secretary to provide for an interim governing body for administration of such settlement lands until a tribal governing body is established and recognized by the Secretary. Authorizes the Secretary to commence condemnation proceedings to acquire or perfect title to such lands.

Sets forth specified conditions and limitations with respect to the alienation of such lands.

Subjects the Indian lands to the civil and criminal laws of Massachusetts. 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.

Title II: Tribal Constitution Amendments - Directs the Secretary of the Interior to complete a review of proposed tribal constitutions, or tribal requests to amend a tribal constitution or to adopt new or amended bylaws, and call an election on the adoption or approval of such proposals. Requires the Secretary to notify the tribe whether such proposals are inconsistent with Federal law. Requires the Secretary, upon adoption of the proposed constitution, bylaws, or amendments, to approve or disapprove such proposals within 45 days after the election results are certified.