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Nonintercourse Act
(section)
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====Covered land==== Unlike the [[Confederation Congress Proclamation of 1783]], the Nonintercourse Act applies to land within the boundaries of a state, including the original thirteen.<ref>''[[City of Sherrill v. Oneida Indian Nation of N.Y.]]'', 544 U.S. 197, 205 n.2 (2005).</ref> The First Circuit in ''Passamaquoddy'' and the Second Circuit in ''Mohegan Tribe'', supra, held that the Nonintercourse Act applies to the entire United States, including the [[Thirteen Colonies|original thirteen]]. No defendant has yet persuaded a court otherwise. However, the defendant will defeat this element if the challenged conveyance occurred before 1790.<ref>''[[Del. Nation v. Pennsylvania]]'', 2004 WL 2755545 (E.D. Pa. 2004), aff'd, 446 F.3d 410 (3d Cir. 2006) (upholding 1734 conveyance); ''New York v. Shinnecock Indian Nation'', 523 F. Supp.2d 185 (E.D.N.Y. 2007) (upholding May 12, 1659; April 10, 1662; November 1, 1676; and December 6, 1686 conveyances).</ref> The [[Confederation Congress Proclamation of 1783]] may cover conveyances between 1783 and 1790, but the only court to consider it held that the Confederation Congress had neither the power nor the intent to prohibit conveyances to states within their borders.<ref>''Oneida Indian Nation of N.Y. v. New York'', 649 F. Supp. 420 (N.D.N.Y. 1986), aff'd, 860 F.2d 1145 (2d Cir. 1988).</ref> The [[Royal Proclamation of 1763]] may cover conveyances between 1763 and 1783; however, the only court to examine such a conveyance found that it satisfied the requirements of the Proclamation.<ref>''Seneca Nation of Indians v. New York'', 382 F.3d 245 (2d Cir. 2004) (upholding a 1764 conveyance).</ref> For example, the conveyances at issue in ''[[Johnson v. McIntosh]]'' (1823) occurred on July 5, 1773 and October 18, 1775, but neither party to the suit was indigenous.<ref>''[[Johnson v. McIntosh]]'', 21 U.S. (8 Wheat.) 543 (1823).</ref>
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