This bill establishes that lots created for Native American Indians in Aquinnah and Mashpee, as well as those resulting from the partition of common lands in these areas, are granted in fee simple absolute without any restrictions on alienation. It empowers the superior court to establish forty-foot wide easements to public ways over public lands, including land held by land banks, for vehicular access and underground utilities if no express easements exist. If public lands are unavailable, the court can create new easements to the nearest public way, ensuring that these easements meet the necessary requirements for residential use and public safety.
Additionally, the bill clarifies that it does not apply to lands owned by federally recognized tribes, whether held in fee or trust, nor to any future lands acquired by these tribes. It explicitly states that the act does not affect federal jurisdiction over tribal trust lands or the sovereign authority of federally recognized tribes over their lands, ensuring that the Commonwealth does not gain jurisdiction over Indian lands in violation of federal law. The act will take effect upon passage.