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Special Town Meeting (Art. 9 contioued) February 9, 1977 3 1 7 7 Section 6. Neither the Town of Mashpee nor the Mashpee Tribe of the Wampanoag Indians nor any member of such Tribe shall be entitled to make any claim under this act, directly or indirectly, nor shall any claim be made in respect to any interest in real property held on January 1, 1977, directly or indirectly, by such Tribe or by any Member of such Tribe." SUBMITTED BY THE BOARD OF SELECTMEN Action: Amended to read: <,-! :.Section 1. The Congress makes the following findings and declarations: (a) Litigation has been commenced asserting aboriginal title ' to substantially all of the real property in the Town of Mashpee, Massa- chuseets, and to a portion of the property in the Town of Sandwich, Massachusetts. (b) The cloud on title created by this litigation has brought construction on and improvement of affected property to a virtual standstill, has prevented owners from selling or mortgaging affected property and has seriously disrupted economic activity in the affected towns. (c) Unless prompt action is taden, severe and unjustified economic hardship will be imposed upon the citizens of the town of Mashpee and Sandwich even if aboriginal title is ultimately not confirmed. (d) Landowners in the towns of Mashpee and Sandwich must be indennified against losses resulting from such litigation to avert an economic and social disaster in those towns. Section 2. In the event that aboriginal title to any interest in real property in the town ofMashpee, Massachusetts, or in the Town of Sand- wich, Massachusetts, is confirmed in Mashpee Tribe v. Town cff Mashpee. Et al. Civil Action No. 76-3190-S in the United States District Court for the District of Massachusetts, or in any other judicial proceeding (together hereinafter called the "Mashpee Litigaion"), each person, partnership, trust, corporation or other entity which would have owned such interest had such aboriginal title not beon confirmed shall have the same claim for relief as if he interest which it would have owned had been taken by eminent domain on behalf of the United States of America. Secti W 3. A board of three persons, at least one of which shall be a resident of the Town of Mashpee (hereinafter called the "Board") shall be appointed by the President. In the event that aboriginal title to any property is confirmed in the Mashpee Litigation, the Board shall notify affected landowners, arrange for assessments (f affected property, make pro tanto awards and make settlements all as provided in this act. The Board shall additionally study the economic and social impact of the Mashpee Litigation and shall plan for the eventuality that aboriginal title is confirmed. The Board shall make prompt recom- mendations to the President and to Congress concerning methods for mitigating such impact and implementing such plans. Section;¢. All proceedings in relation to or growing out of claims for relief conferred by this act shall confirm to the provisions of chapters 79 and 79A of the Massachusetts General Laws, except in the following particulars: (a) The United States of America shall be deemed to be a "body politic" within the meaning of said chapter79. (b) References in said chapter 79 to the board of officers by ' whom an order of taking is adopted shall be deemed to refer to the Board. The Board shall record in the Barnstable County Registry of Deeds any judgment or decree in the Mashpee Litigation confirming aboriginal title promptly after no further right of rehearing or appeal exists from such judgment or decree. All references in said chapter 79 to the time of recordation of tan order of taking shall be deemed to refer to the time of such recordation of a judgment or decree (hereinafter called the "Time of Recordation"). No order of taking shall be adopted or filed by the Board. (c) The notice required by section7C of said chapter 79 May be giben at any time within one month after the Time of Recordation. (d) Section 12 of said chapter 79 shall not be applicable to claims for relief conferred by this act.