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US (United States) Code. Title 25. Chapter 19 Indian Land Claims Settlements

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25 USC CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

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CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

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SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

PART A - GENERAL PROVISIONS

Sec.

1701. Congressional findings and declaration of policy.

1702. Definitions.

1703. Rhode Island Indian Claims Settlement Fund;

establishment.

1704. Option agreements to purchase private settlement

lands.

(a) Acceptance of option agreement assignments;

reasonableness of terms and conditions.

(b) Amount of payment.

(d) Application of option fee.

(e) Retention of option payment.

1705. Publication of findings.

(a) Prerequisites; consequences.

(b) Maintenance of action; remedy.

1706. Findings by Secretary.

1707. Purchase and transfer of private settlement lands.

(a) Determination by Secretary; assignment of

settlement lands to State Corporation.

(b) Moneys remaining in fund.

discharge of Secretary's duties; restriction

on conveyance of settlement lands; affect on

easements for public or private purposes.

1708. Applicability of State law; treatment of settlement

lands under Indian Gaming Regulatory Act.

(a) In general.

(b) Treatment of settlement lands under Indian

Gaming Regulatory Act.

1709. Preservation of Federal benefits.

1710. Authorization of appropriations.

1711. Limitation of actions; jurisdiction.

1712. Approval of prior transfers and extinguishment of

claims and aboriginal title outside town of

Charlestown, Rhode Island and involving other Indians

in Rhode Island.

(a) Scope of applicability.

(b) Exceptions.

PART B - TAX TREATMENT

1715. Exemption from taxation.

(a) General exemption.

(b) Income-producing activities.

1716. Deferral of capital gains.

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

1721. Congressional findings and declaration of policy.

(a) Findings and declarations.

(b) Purposes.

1722. Definitions.

1723. Approval of prior transfers and extinguishment of

Indian title and claims of Indians within State of

Maine.

(a) Ratification by Congress; personal claims

unaffected; United States barred from

asserting claims on ground of noncompliance of

transfers with State laws or occurring prior

to December 1, 1873.

(b) Aboriginal title extinguished as of date of

transfer.

(d) Effective date; authorization of

appropriations; publication in Federal

1724. Maine Indian Claims Settlement and Land Acquisition

Funds in the United States Treasury.

(a) Establishment of Maine Indian Claims Settlement

Fund; amount.

(b) Apportionment of settlement fund;

administration; investments; limitation on

distributions; quarterly investment income

payments; expenditures for aged members;

cessation of trust responsibility following

Federal payments.

Acquisition Fund; amount.

(d) Apportionment of land acquisition fund;

expenditures for acquisition of land or

natural resources; trust acreage; fee

holdings; interests in corpus of trust for

Houlton Band following termination of Band's

interest in trust; agreement for acquisitions

for benefit of Houlton Band: scope, report to

Congress.

(e) Acquisitions contingent upon agreement as to

identity of land or natural resources to be

sold, purchase price and other terms of sale;

condemnation proceedings by Secretary; other

acquisition authority barred for benefit of

Indians in State of Maine.

(f) Expenditures for Tribe, Nation, or Band

contingent upon documentary relinquishment of

claims.

(g) Transfer limitations of section 177 of this

title inapplicable to Indians in State of

Maine; restraints on alienation as provided in

section; transfers invalid ab initio except

for: State and Federal condemnations,

assignments, leases, sales, rights-of-way, and

exchanges.

(h) Agreement on terms for management and

administration of land or natural resources.

(i) Condemnation of trust or restricted land or

natural resources within Reservations:

substitute land or monetary proceeds as medium

of compensation; condemnation of trust land

without Reservations: use of compensation for

reinvestment in trust or fee held acreage,

certification of acquisitions; State

condemnation proceedings: United States as

necessary party, exhaustion of State

administrative remedies, judicial review in

Federal courts, removal of action.

(j) Federal condemnation under other laws; deposit

and reinvestment of compensatory proceeds.

1725. State laws applicable.

(a) Civil and criminal jurisdiction of the State

and the courts of the State; laws of the

State.

(b) Jurisdiction of State of Maine and utilization

of local share of funds pursuant to the Maine

Implementing Act; Federal laws or regulations

governing services or benefits unaffected

unless expressly so provided; report to

Congress of comparative Federal and State

funding for Maine and other States.

State of Maine under certain sections of title

18; effective date: publication in Federal

(d) Capacity to sue and be sued in State of Maine

and Federal courts; section 1362 of title 28

applicable to civil actions; immunity from

suits provided in Maine Implementing Act;

assignment of quarterly income payments from

settlement fund to judgment creditors for

satisfaction of judgments.

(e) Federal consent for amendment of Maine

Implementing Act; nature and scope of

amendments; agreement respecting State

jurisdiction over Houlton Band lands.

(f) Indian jurisdiction separate and distinct from

State civil and criminal jurisdiction.

(g) Full faith and credit.

(h) General laws and regulations affecting Indians

applicable, but special laws and regulations

inapplicable, in State of Maine.

(i) Eligibility for Federal special programs and

services regardless of reservation status.

1726. Tribal organization.

(a) Appropriate instrument in writing; filing of

organic governing document.

(b) Membership.

1727. Implementation of Indian Child Welfare Act.

(a) Petition for assumption of exclusive

jurisdiction; approval by Secretary.

(b) Consideration and determination of petition by

Secretary.

jurisdiction unaffected.

(d) Reservations within section 1903(10) of this

title.

(e) Indian tribe within section 1903(8) of this

title; State jurisdiction over child welfare

unaffected.

(f) Assumption determinative of exclusive

jurisdiction.

1728. Federal financial aid programs unaffected by payments

under subchapter.

(a) Eligibility of State of Maine for participation

without regard to payments to designated

Tribe, Nation, or Band under subchapter.

(b) Eligibility of designated Tribe, Nation, or

Band for benefits without regard to payments

from State of Maine except in considering

actual financial situation in determining need

of applicant.

funds not income or resources or otherwise

used to affect federally assisted housing

programs or Federal financial assistance or

other Federal benefits.

1729. Deferral of capital gains.

1730. Transfer of tribal trust funds held by the State of

Maine.

1731. Other claims discharged by this subchapter.

1732. Limitation of actions.

1733. Authorization of appropriations.

1734. Inseparability of provisions.

1735. Construction.

(a) Law governing; special legislation.

(b) General legislation.

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

PART A - FLORIDA INDIAN LAND CLAIMS SETTLEMENT ACT OF 1982

1741. Congressional findings and declaration of policy.

1742. Definitions.

1743. Findings by the Secretary.

1744. Approval of prior transfers and extinguishment of

claims and aboriginal title involving Florida

Indians.

(a) Publication of findings; consequences.

(b) Scope of applicability to claims, transfers,

etc.

1745. Special provisions for Miccosukee Tribe.

(a) Exemption of leasehold from State and local

taxes.

(b) Treatment of leasehold as Indian reservation.

interests for public purposes.

(d) Impairment of benefits received by State of

Florida under other provisions.

1746. Scope of rights or interests granted to Miccosukee

Tribe; scope of civil and criminal jurisdiction of

State of Florida.

1747. Transfer of lands to United States.

(a) Acceptance by Secretary.

(b) Jurisdiction of State of Florida.

leases, etc.; additional water rights.

1748. Limitations of actions.

1749. Revocation of settlement.

PART B - MICCOSUKEE SETTLEMENT

1750. Congressional findings.

1750a. Definitions.

1750b. Ratification.

1750c. Authority of Secretary.

1750d. Miccosukee Indian Reservation lands.

1750e. Miscellaneous.

(a) Rule of construction.

(b) No reductions in payments.

SUBCHAPTER IV - CONNECTICUT INDIAN LAND CLAIMS SETTLEMENT

1751. Congressional findings.

1752. Definitions.

1753. Extinguishment of aboriginal titles and Indian claims.

(a) Approval and ratification of prior transfers.

(b) Extinguishment of title.

(d) Savings provision.

(e) Effective date; notice.

1754. Mashantucket Pequot Settlement Fund.

(a) Establishment and administration.

(b) Expenditure of Fund; private settlement lands;

economic development plan; acquisition of land

and natural resources.

involuntary conversion.

(d) Documentation of relinquishment of tribal

claims.

(e) Authorization of appropriation.

1755. State jurisdiction over reservation.

1756. Practice and procedure.

(a) Constitutionality.

(b) Jurisdiction.

(d) Jurisdictional acts; implied consent to sue the

United States.

1757. Restriction against alienation.

1758. Extension of Federal recognition and privileges.

(a) Applicability of United States laws and

regulations.

(b) Filing of organic governing document and

amendments.

1759. General discharge and release of State of Connecticut.

1760. Separability.

SUBCHAPTER V - MASSACHUSETTS INDIAN LAND CLAIMS SETTLEMENT

1771. Congressional findings and declaration of policy.

1771a. Gay Head Indian claims settlement fund.

(a) Fund established.

(b) Authorization for appropriation.

1771b. Approval of prior transfers and extinguishment of

aboriginal title and claims of Gay Head Indians.

(a) Approval of prior transfers.

(b) Extinguishment of aboriginal title.

transfers or extinguishment of aboriginal

title.

(d) Personal claims not affected.

1771c. Conditions precedent to Federal purchase of settlement

lands.

(a) Initial determination of State and local

action.

(b) Reliance upon Attorney General of

Massachusetts.

1771d. Purchase and transfer of settlement lands.

(a) Purchase of private settlement lands.

(b) Payment for survey and appraisal.

(d) Transfer and survey of land to Wampanoag Tribal

Council.

(e) Proceedings authorized to acquire or to perfect

title.

(f) Public settlement lands held in trust.

(g) Application.

(h) Spending authority.

1771e. Jurisdiction over settlement lands; restraint on

alienation.

(a) Limitation on Indian jurisdiction over

settlement lands.

(b) Subsequent holder bound to same terms and

conditions.

settlement lands.

(d) Exemption from State assessment.

1771f. Definitions.

1771g. Applicability of State law.

1771h. Limitations of action; jurisdiction.

1771i. Eligibility.

SUBCHAPTER VI - FLORIDA INDIAN (SEMINOLE) LAND CLAIMS SETTLEMENT

1772. Findings and policy.

1772a. Definitions.

1772b. Findings by Secretary.

1772c. Approval of prior transfers and extinguishment of

claims and aboriginal title involving Florida

Indians.

(a) Approval of Settlement Agreement; effect of

approval.

(b) Extinguishment of claims based on aboriginal

title.

1772e.

1772d. Special provisions for Seminole Tribe.

(a) Acceptance of land by Secretary in trust for

Seminole Tribe.

(b) Survey of Seminole Federal Reservations in

Florida.

trust for Seminole Tribe.

(d) Civil and criminal jurisdiction over lands

acquired by United States in trust for

Seminole Tribe.

1772e. Water rights compact.

1772f. Judicial review.

1772g. Revocation of settlement.

SUBCHAPTER VII - WASHINGTON INDIAN (PUYALLUP) LAND CLAIMS

SETTLEMENT

1773. Congressional findings and purpose.

(a) Findings.

(b) Purpose.

1773a. Resolution of Puyallup tribal land claims.

(a) Relinquishment.

(b) Exception for certain lands.

1773b. Settlement lands.

(a) Acceptance by Secretary.

(b) Contamination.

(d) Reservation status.

(e) Authorization of appropriations.

1773c. Future trust lands.

1773d. Funds to members of Puyallup Tribe.

(a) Payment to individual members.

(b) Permanent trust fund for tribal members.

1773e. Fisheries.

1773f. Economic development and land acquisition.

(a) Economic development and land acquisition fund.

(b) Foreign trade.

1773g. Jurisdiction.

1773h. Miscellaneous provisions.

(a) Liens and forfeitures, etc.

(b) Eligibility for Federal programs; trust

responsibility.

purposes.

(d) Tax treatment of funds and assets.

1773i. Actions by Secretary.

1773j. Definitions.

SUBCHAPTER VIII - SENECA NATION (NEW YORK) LAND CLAIMS SETTLEMENT

1774. Findings and purposes.

(a) City of Salamanca and congressional villages.

(b) Purpose.

1774a. Definitions.

1774b. New leases and extinguishment of claims.

(a) New leases.

(b) Extinguishment of claims.

1774c. Responsibilities and restrictions.

(a) Seneca Nation.

(b) Lessees.

(d) State.

1774d. Settlement funds.

(a) In general.

(b) Funds provided by United States.

(d) Time of payments.

(e) Limitation.

1774e. Conditions precedent to payment of United States and

State funds.

1774f. Miscellaneous provisions.

(a) Liens and forfeitures, etc.

(b) Eligibility for Government programs.

1774g. Limitation of action.

1774h. Authorization of appropriations.

SUBCHAPTER IX - MOHEGAN NATION (CONNECTICUT) LAND CLAIMS SETTLEMENT

1775. Findings and purposes.

(a) Findings.

(b) Purposes.

1775a. Definitions.

1775b. Action by Secretary.

(a) In general.

(b) Publication by Secretary.

(d) Extinguishment of claims.

(e) Transfers.

(f) Limitation.

(g) Statutory construction.

1775c. Conveyance of lands to United States to be held in

trust for Mohegan Tribe.

(a) In general.

(b) Consultation.

1775d. Consent of United States to State assumption of

criminal jurisdiction.

(a) In general.

(b) Statutory construction.

1775e. Ratification of Town Agreement.

(a) In general.

(b) Approval of Town Agreement.

1775f. General discharge and release of obligations of State

of Connecticut.

1775g. Effect of revocation of State Agreement.

(a) In general.

(b) Right of Mohegan Tribe to reinstate claim.

1775h. Judicial review.

(a) Jurisdiction.

(b) Deadline for filing.

SUBCHAPTER X - CROW LAND CLAIMS SETTLEMENT

1776. Findings and purpose.

(a) Findings.

(b) Purpose.

1776a. Definitions.

1776b. Settlement Agreement.

(a) Execution.

(b) Ratification.

(d) Enforcement.

1776c. Settlement terms and conditions and extinguishment of

claims.

(a) Property within parcel number 1.

(b) Property within parcel number 2.

number 4.

(d) Exchange of public lands.

(e) Crow Tribal Trust Fund.

1776d. Establishment and administration of Crow Tribal Trust

Fund.

(a) Establishment.

(b) Contributions.

(d) Distribution of interest.

(e) Use of interest for economic development.

(f) Limitation.

1776e. Eligibility for other Federal services.

1776f. Exchanges of land or minerals.

(a) In general.

(b) Ownership by non-Indians.

1776g. Applicability.

(a) In general.

(b) Approval of releases and waivers.

1776h. Escrow funds.

(a) In general.

(b) Establishment of Suspension Accounts.

(d) Limitation.

(e) Investment.

(f) Withdrawals and termination.

1776i. Fort Laramie Treaty of 1868.

1776j. Satisfaction of claims.

1776k. Authorization of appropriations.

SUBCHAPTER XI - SANTO DOMINGO PUEBLO LAND CLAIMS SETTLEMENT

1777. Findings and purposes.

(a) Findings.

(b) Purpose.

1777a. Definitions.

1777b. Ratification of Settlement Agreement.

1777c. Resolution of disputes and claims.

(a) Relinquishment, extinguishment, and compromise

of Santo Domingo claims.

(b) Trust funds; authorization of appropriations.

1777d. Affirmation of accurate boundaries of Santo Domingo

Pueblo Grant.

(a) In general.

(b) Limitation.

(d) Land subject to provisions.

(e) Rule of construction.

1777e. Miscellaneous provisions.

(a) Exchange of certain lands with New Mexico.

(b) Other exchanges of land.

SUBCHAPTER XII - TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS

SETTLEMENT

1778. Congressional findings and purpose.

(a) Findings.

(b) Purpose.

1778a. Definitions.

1778b. Ratification of Settlement Agreement.

1778c. Settlement funds.

(a) Establishment of tribal and allottees

settlement trust funds accounts.

(b) Contributions to the settlement trust funds.

1778d. Trust land acquisition and status.

(a) Acquisition and placement of lands into trust.

(b) Restrictions on gaming.

1778e. Permanent flowage easements.

(a) Conveyance of easement to Coachella Valley

Water District.

(b) Conveyance of easement to Imperial Irrigation

District.

1778f. Satisfaction of claims, waivers, and releases.

(a) Satisfaction of claims.

(b) Approval of waivers and releases.

1778g. Miscellaneous provisions.

(a) Eligibility for benefits.

(b) Eligibility for other services not affected.

(d) Amendment of Settlement Agreement.

1778h. Authorization of appropriations.

SUBCHAPTER XIII - CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS

SETTLEMENT

1779. Findings.

1779a. Purposes.

1779b. Definitions.

1779c. Settlement and claims; appropriations; allocation of

funds.

(a) Extinguishment of claims.

(b) Release of tribal claims to certain Drybed

Lands.

(d) Allocation and deposit of funds.

1779d. Tribal trust funds.

(a) Establishment, purpose, and management of trust

funds.

(b) Management of funds.

1779e. Attorney fees.

(a) Payment.

(b) Limitations.

1779f. Release of other tribal claims and filing of claims.

(a) Extinguishment of other tribal claims.

(b) Claims of other Indian tribes.

title, and interests.

1779g. Effect on claims.

-End-

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25 USC SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS

SETTLEMENT 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

-HEAD-

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

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25 USC Part A - General Provisions 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

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25 USC Sec. 1701 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1701. Congressional findings and declaration of policy

-STATUTE-

Congress finds and declares that -

(a) there are pending before the United States District Court

for the District of Rhode Island two consolidated actions that

involve Indian claims to certain public and private lands within

the town of Charlestown, Rhode Island;

(b) the pendency of these lawsuits has resulted in severe

economic hardships for the residents of the town of Charlestown

by clouding the titles to much of the land in the town, including

lands not involved in the lawsuits;

parties to the lawsuits a desire to remove all clouds on titles

resulting from such Indian land claims within the State of Rhode

Island; and

(d) the parties to the lawsuits and others interested in the

settlement of Indian land claims within the State of Rhode Island

have executed a Settlement Agreement which requires implementing

legislation by the Congress of the United States and the

legislature of the State of Rhode Island.

-SOURCE-

(Pub. L. 95-395, Sec. 2, Sept. 30, 1978, 92 Stat. 813.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 95-395 provided: "That this Act [enacting

this subchapter] may be cited as the 'Rhode Island Indian Claims

Settlement Act'."

For short title of Pub. L. 96-420, which enacted subchapter II of

this chapter, as the "Maine Indian Claims Settlement Act of 1980",

see section 1 of Pub. L. 96-420, set out as a Short Title note

under section 1721 of this title.

For short title of Pub. L. 97-399, which enacted subchapter III

of this chapter, as the "Florida Indian Land Claims Settlement Act

of 1982", see section 1 of Pub. L. 97-399, set out as a note under

section 1741 of this title.

For short title of Pub. L. 98-134, which enacted subchapter IV of

this chapter, as the "Mashantucket Pequot Indian Claims Settlement

Act", see section 1 of Pub. L. 98-134, set out as a note under

section 1751 of this title.

For short title of Pub. L. 100-95, which enacted subchapter V of

this chapter, as the "Wampanoag Tribal Council of Gay Head, Inc.,

Indian Claims Settlement Act of 1987", see section 1 of Pub. L.

100-95, set out as a note under section 1771 of this title.

For short title of Pub. L. 100-228, which enacted subchapter VI

of this chapter, as the "Seminole Indian Land Claims Settlement Act

of 1987", see section 1 of Pub. L. 100-228, set out as a note under

section 1772 of this title.

For short title of title VI of Pub. L. 107-331, which enacted

subchapter XIII of this chapter, as the "Cherokee, Choctaw, and

Chickasaw Nations Claims Settlement Act", see section 601 of Pub.

L. 107-331, set out as a note under section 1779 of this title.

-End-

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25 USC Sec. 1702 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1702. Definitions

-STATUTE-

For the purposes of this subchapter, the term -

(a) "Indian Corporation" means the Rhode Island nonbusiness

corporation known as the "Narragansett Tribe of Indians";

(b) "land or natural resources" means any real property or

natural resources, or any interest in or right involving any real

property or natural resource, including but not limited to,

minerals and mineral rights, timber and timber rights, water and

water rights, and rights to hunt and fish;

of Indians v. Southern Rhode Island Land Development Co., et al.,

C.A. No. 75-0006 (D.R.I.)" and "Narragansett Tribe of Indians v.

Rhode Island Director of Environmental Management, C.A. No.

75-0005 (D.R.I.)";

(d) "private settlement lands" means approximately nine hundred

acres of privately held land outlined in red in the map marked

"Exhibit A" attached to the Settlement Agreement that are to be

acquired by the Secretary from certain private landowners

pursuant to sections 1704 and 1707 of this title;

(e) "public settlement lands" means the lands described in

paragraph 2 of the Settlement Agreement that are to be conveyed

by the State of Rhode Island to the State Corporation pursuant to

legislation as described in section 1706 of this title;

(f) "settlement lands" means those lands defined in subsections

(d) and (e) of this section;

(g) "Secretary" means the Secretary of the Interior;

(h) "settlement agreement" means the document entitled "Joint

Memorandum of Understanding Concerning Settlement of the Rhode

Island Indian Land Claims", executed as of February 28, 1978, by

representatives of the State of Rhode Island, of the town of

Charlestown, and of the parties to the lawsuits, as filed with

the Secretary of the State of Rhode Island;

(i) "State Corporation" means the corporation created or to be

created by legislation enacted by the State of Rhode Island as

described in section 1706 of this title; and

(j) "transfer" includes but is not limited to any sale, grant,

lease, allotment, partition, or conveyance, any transaction the

purpose of which was to effect a sale, grant, lease, allotment,

partition, or conveyance, or any event or events that resulted in

a change of possession or control of land or natural resources.

-SOURCE-

(Pub. L. 95-395, Sec. 3, Sept. 30, 1978, 92 Stat. 813.)

-End-

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25 USC Sec. 1703 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1703. Rhode Island Indian Claims Settlement Fund;

establishment

-STATUTE-

There is hereby established in the United States Treasury a fund

to be known as the Rhode Island Indian Claims Settlement Fund into

which $3,500,000 shall be deposited following the appropriation

authorized by section 1710 of this title.

-SOURCE-

(Pub. L. 95-395, Sec. 4, Sept. 30, 1978, 92 Stat. 814.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1704, 1707 of this title.

-End-

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25 USC Sec. 1704 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1704. Option agreements to purchase private settlement lands

-STATUTE-

(a) Acceptance of option agreement assignments; reasonableness of

terms and conditions

The Secretary shall accept assignment of reasonable two-year

option agreements negotiated by the Governor of the State of Rhode

Island or his designee for the purchase of the private settlement

lands: Provided, That the terms and conditions specified in such

options are reasonable and that the total price for the acquisition

of such lands, including reasonable costs of acquisition, will not

exceed the amount specified in section 1703 of this title. If the

Secretary does not determine that any such option agreement is

unreasonable within sixty days of its submission, the Secretary

will be deemed to have accepted the assignment of the option.

(b) Amount of payment

Payment for any option entered into pursuant to subsection (a) of

this section shall be in the amount of 5 per centum of the fair

market value of the land or natural resources as of the date of the

agreement and shall be paid from the fund established by section

1703 of this title.

The total amount of the option fees paid pursuant to subsection

(b) of this section shall not exceed $175,000.

(d) Application of option fee

The option fee for each option agreement shall be applied to the

agreed purchase price in the agreement if the purchase of the

defendant's land or natural resources is completed in accordance

with the terms of the option agreement.

(e) Retention of option payment

The payment for each option may be retained by the party granting

the option if the property transfer contemplated by the option

agreement is not completed in accordance with the terms of the

option agreement.

-SOURCE-

(Pub. L. 95-395, Sec. 5, Sept. 30, 1978, 92 Stat. 814.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1702, 1707 of this title.

-End-

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25 USC Sec. 1705 01/06/03

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TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1705. Publication of findings

-STATUTE-

(a) Prerequisites; consequences

If the Secretary finds that the State of Rhode Island has

satisfied the conditions set forth in section 1706 of this title,

he shall publish such findings in the Federal Register and upon

such publication -

(1) any transfer of land or natural resources located anywhere

within the United States from, by, or on behalf of the Indian

Corporation or any other entity presently or at any time in the

past known as the Narragansett Tribe of Indians, or any

predecessor or successor in interest, member or stockholder

thereof, and any transfer of land or natural resources located

anywhere within the town of Charlestown, Rhode Island, by, from,

or on behalf of any Indian, Indian nation, or tribe of Indians,

including but not limited to a transfer pursuant to any statute

of any State, shall be deemed to have been made in accordance

with the Constitution and all laws of the United States that are

specifically applicable to transfers of land or natural resources

from, by, or on behalf of any Indian, Indian nation or tribe of

Indians (including but not limited to the Trade and Intercourse

Act of 1790, Act of July 22, 1790, ch. 33, sec. 4, 1 Stat. 137,

and all amendments thereto and all subsequent versions thereof),

and Congress does hereby approve any such transfer effective as

of the date of said transfer;

(2) to the extent that any transfer of land or natural

resources described in subsection (a) of this section may involve

land or natural resources to which the Indian Corporation or any

other entity presently or at any time in the past known as the

Narragansett Tribe of Indians, or any predecessor or successor in

interest, member or stockholder thereof, or any other Indian,

Indian nation, or tribe of Indians, had aboriginal title,

subsection (a) of this section shall be regarded as an

extinguishment of such aboriginal title as of the date of said

transfer; and

(3) by virtue of the approval of a transfer of land or natural

resources effected by this section, or an extinguishment of

aboriginal title effected thereby, all claims against the United

States, any State or subdivision thereof, or any other person or

entity, by the Indian Corporation or any other entity presently

or at any time in the past known as the Narragansett Tribe of

Indians, or any predecessor or successor in interest, member or

stockholder thereof, or any other Indian, Indian nation, or tribe

of Indians, arising subsequent to the transfer and based upon any

interest in or right involving such land or natural resources

(including but not limited to claims for trespass damages or

claims for use and occupancy) shall be regarded as extinguished

as of the date of the transfer.

(b) Maintenance of action; remedy

Any Indian, Indian nation, or tribe of Indians (other than the

Indian Corporation or any other entity presently or at any time in

the past known as the Narragansett Tribe of Indians, or any

predecessor or successor in interest, member or stockholder

thereof) whose transfer of land or natural resources was approved

or whose aboriginal title or claims were extinguished by subsection

(a) of this section may, within a period of one hundred and eighty

days after publication of the Secretary's findings pursuant to this

section, bring an action against the State Corporation in lieu of

an action against any other person against whom a cause may have

existed in the absence of this section. In any such action, the

remedy shall be limited to a right of possession of the settlement

lands.

-SOURCE-

(Pub. L. 95-395, Sec. 6, Sept. 30, 1978, 92 Stat. 815.)

-REFTEXT-

REFERENCES IN TEXT

The Trade and Intercourse Act of 1790, Act of July 22, 1790, ch.

33, sec. 4, 1 Stat. 137, referred to in subsec. (a)(1), was not

classified to the Code. See sections 177, 179, 180, 193, 194, 201,

229, 230, 251, 263, and 264 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1706, 1707, 1712 of this

title.

-End-

-CITE-

25 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1706. Findings by Secretary

-STATUTE-

Section 1705 of this title shall not take effect until the

Secretary finds -

(a) that the State of Rhode Island has enacted legislation

creating or authorizing the creation of a State chartered

corporation satisfying the following criteria:

(1) the corporation shall be authorized to acquire,

perpetually manage, and hold the settlement lands;

(2) the corporation shall be controlled by a board of

directors, the majority of the members of which shall be

selected by the Indian Corporation or its successor, and the

remaining members of which shall be selected by the State of

Rhode Island; and

(3) the corporation shall be authorized, after consultation

with appropriate State officials, to establish its own

regulations concerning hunting and fishing on the settlement

lands, which need not comply with regulations of the State of

Rhode Island but which shall establish minimum standards for

the safety of persons and protection of wildlife and fish

stock; and

(b) that State of Rhode Island has enacted legislation

authorizing the conveyance to the State Corporation of land and

natural resources that substantially conform to the public

settlement lands as described in paragraph 2 of the Settlement

Agreement.

-SOURCE-

(Pub. L. 95-395, Sec. 7, Sept. 30, 1978, 92 Stat. 816.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1702, 1705, 1707, 1709 of

this title.

-End-

-CITE-

25 USC Sec. 1707 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1707. Purchase and transfer of private settlement lands

-STATUTE-

(a) Determination by Secretary; assignment of settlement lands to

State Corporation

When the Secretary determines that the State Corporation

described in section 1706(a) of this title has been created and

will accept the settlement lands, the Secretary shall exercise

within sixty days the options entered into pursuant to section 1704

of this title and assign the private settlement lands thereby

purchased to the State Corporation.

(b) Moneys remaining in fund

Any moneys remaining in the fund established by section 1703 of

this title after the purchase described in subsection (a) of this

section shall be returned to the general Treasury of the United

States.

Secretary's duties; restriction on conveyance of settlement

lands; affect on easements for public or private purposes

Upon the discharge of the Secretary's duties under sections 1704,

1705, 1706, and 1707 of this title, the United States shall have no

further duties or liabilities under this subchapter with respect to

the Indian Corporation or its successor, the State Corporation, or

the settlement lands: Provided, however, That if the Secretary

subsequently acknowledges the existence of the Narragansett Tribe

of Indians, then the settlement lands may not be sold, granted, or

otherwise conveyed or leased to anyone other than the Indian

Corporation, and no such disposition of the settlement lands shall

be of any validity in law or equity, unless the same is approved by

the Secretary pursuant to regulations adopted by him for that

purpose: Provided, however, That nothing in this subchapter shall

affect or otherwise impair the ability of the State Corporation to

grant or otherwise convey (including any involuntary conveyance by

means of eminent domain or condemnation proceedings) any easement

for public or private purposes pursuant to the laws of the State of

Rhode Island.

-SOURCE-

(Pub. L. 95-395, Sec. 8, Sept. 30, 1978, 92 Stat. 816.)

-End-

-CITE-

25 USC Sec. 1708 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1708. Applicability of State law; treatment of settlement

lands under Indian Gaming Regulatory Act

-STATUTE-

(a) In general

Except as otherwise provided in this subchapter, the settlement

lands shall be subject to the civil and criminal laws and

jurisdiction of the State of Rhode Island.

(b) Treatment of settlement lands under Indian Gaming Regulatory

Act

For purposes of the Indian Gaming Regulatory Act (25 U.S.C. 2701

et seq.), settlement lands shall not be treated as Indian lands.

-SOURCE-

(Pub. L. 95-395, Sec. 9, Sept. 30, 1978, 92 Stat. 817; Pub. L.

104-208, div. A, title I, Sec. 101(d) [title III, Sec. 330], Sept.

30, 1996, 110 Stat. 3009-181, 3009-227.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Gaming Regulatory Act, referred to in subsec. (b), is

Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which

is classified principally to chapter 29 (Sec. 2701 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2701 of this title and

Tables.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-208 substituted "Applicability of State law;

treatment of settlement lands under Indian Gaming Regulatory Act"

for "Applicability of State law" in section catchline, designated

existing provisions as subsec. (a) and inserted heading, and added

subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1702 of this title.

-End-

-CITE-

25 USC Sec. 1709 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1709. Preservation of Federal benefits

-STATUTE-

Nothing contained in this subchapter or in any legislation

enacted by the State of Rhode Island as described in section 1706

of this title shall affect or otherwise impair in any adverse

manner any benefits received by the State of Rhode Island under the

Federal Aid in Wildlife Restoration Act of September 2, 1937 (16

U.S.C. 669-669(i)), or the Federal Aid in Fish Restoration Act of

August 9, 1950 (16 U.S.C. 777-777(k)).

-SOURCE-

(Pub. L. 95-395, Sec. 10, Sept. 30, 1978, 92 Stat. 817.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Aid in Wildlife Restoration Act of September 2, 1937,

referred to in text, is act Sept. 2, 1937, ch. 899, 50 Stat. 917,

as amended, also known as the Pittman-Robertson Wildlife

Restoration Act, which is classified generally to chapter 5B (Sec.

669 et seq.) of Title 16, Conservation. For complete classification

of this Act to the Code, see Short Title note set out under section

669 of Title 16 and Tables.

The Federal Aid in Fish Restoration Act of August 9, 1950,

referred to in text, is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as

amended, also known as the Dingell-Johnson Sport Fish Restoration

Act and the Fish Restoration and Management Projects Act, which is

classified generally to chapter 10B (Sec. 777 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 777 of Title 16 and

Tables.

-End-

-CITE-

25 USC Sec. 1710 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1710. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated $3,500,000 to carry

out the purposes of this subchapter.

-SOURCE-

(Pub. L. 95-395, Sec. 11, Sept. 30, 1978, 92 Stat. 817.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1703 of this title.

-End-

-CITE-

25 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1711. Limitation of actions; jurisdiction

-STATUTE-

Notwithstanding any other provision of law, any action to contest

the constitutionality of this subchapter shall be barred unless the

complaint is filed within one hundred and eighty days of September

30, 1978. Exclusive jurisdiction over any such action is hereby

vested in the United States District Court for the District of

Rhode Island.

-SOURCE-

(Pub. L. 95-395, Sec. 12, Sept. 30, 1978, 92 Stat. 817.)

-End-

-CITE-

25 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part A - General Provisions

-HEAD-

Sec. 1712. Approval of prior transfers and extinguishment of claims

and aboriginal title outside town of Charlestown, Rhode Island

and involving other Indians in Rhode Island

-STATUTE-

(a) Scope of applicability

Except as provided in subsection (b) of this section -

(1) any transfer of land or natural resources located anywhere

within the State of Rhode Island outside the town of Charlestown

from, by, or on behalf of any Indian, Indian nation, or tribe of

Indians (other than transfers included in and approved by section

1705 of this title), including but not limited to a transfer

pursuant to any statute of any State, shall be deemed to have

been made in accordance with the Constitution and all laws of the

United States that are specifically applicable to transfers of

land or natural resources from, by, or on behalf of any Indian,

Indian nation, or tribe of Indians (including but not limited to

the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch.

33, 1 Stat. 137), and all amendments thereto and all subsequent

versions thereof), and Congress does hereby approve any such

transfer effective as of the date of said transfer;

(2) to the extent that any transfer of land or natural

resources described in paragraph (1) may involve land or natural

resources to which such Indian, Indian nation, or tribe of

Indians had aboriginal title, paragraph (1) shall be regarded as

an extinguishment of such aboriginal title as of the date of said

transfer; and

(3) by virtue of the approval of such transfers of land or

natural resources effected by this subsection or an

extinguishment of aboriginal title effected thereby, all claims

against the United States, any State or subdivision thereof, or

any other person or entity, by any such Indian, Indian nation, or

tribe of Indians, arising subsequent to the transfer and based

upon any interest in or rights involving such land or natural

resources (including but not limited to claims for trespass

damages or claims for use and occupancy), shall be regarded as

extinguished as of the date of the transfer.

(b) Exceptions

This section shall not apply to any claim, right, or title of any

Indian, Indian nation, or tribe of Indians that is asserted in an

action commenced in a court of competent jurisdiction within one

hundred and eighty days of September 30, 1978: Provided, That the

plaintiff in any such action shall cause notice of the action to be

served upon the Secretary and the Governor of the State of Rhode

Island.

-SOURCE-

(Pub. L. 95-395, Sec. 13, Sept. 30, 1978, 92 Stat. 817.)

-REFTEXT-

REFERENCES IN TEXT

The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch.

33, 1 Stat. 137), referred to in subsec. (a)(1), was not classified

to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 230,

251, 263, and 264 of this title.

-End-

-CITE-

25 USC Part B - Tax Treatment 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part B - Tax Treatment

-HEAD-

PART B - TAX TREATMENT

-End-

-CITE-

25 USC Sec. 1715 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part B - Tax Treatment

-HEAD-

Sec. 1715. Exemption from taxation

-STATUTE-

(a) General exemption

Except as otherwise provided in subsections (b) and (c) of this

section, the settlement lands received by the State Corporation

shall not be subject to any form of Federal, State, or local

taxation while held by the State Corporation.

(b) Income-producing activities

The exemption provided in subsection (a) of this section shall

not apply to any income-producing activities occurring on the

settlement lands.

Nothing in this subchapter shall prevent the making of payments

in lieu of taxes by the State Corporation for services provided in

connection with the settlement lands.

-SOURCE-

(Pub. L. 95-395, title II, Sec. 201, as added Pub. L. 96-601, Sec.

5(a), Dec. 24, 1980, 94 Stat. 3498.)

-MISC1-

EFFECTIVE DATE

Section 5(b) of Pub. L. 96-601 provided that: "The amendment made

by subsection (a) [enacting this part] shall take effect on

September 30, 1978."

-End-

-CITE-

25 USC Sec. 1716 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER I - RHODE ISLAND INDIAN CLAIMS SETTLEMENT

Part B - Tax Treatment

-HEAD-

Sec. 1716. Deferral of capital gains

-STATUTE-

For purposes of title 26, any sale or disposition of private

settlement lands pursuant to the terms and conditions of the

settlement agreement shall be treated as an involuntary conversion

within the meaning of section 1033 of title 26.

-SOURCE-

(Pub. L. 95-395, title II, Sec. 202, as added Pub. L. 96-601, Sec.

5(a), Dec. 24, 1980, 94 Stat. 3499; amended Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954" wherever appearing, which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-End-

-CITE-

25 USC SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 20 section 1087uu-1.

-End-

-CITE-

25 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1721. Congressional findings and declaration of policy

-STATUTE-

(a) Findings and declarations

Congress hereby finds and declares that:

(1) The Passamaquoddy Tribe, the Penobscot Nation, and the

Maliseet Tribe are asserting claims for possession of lands

within the State of Maine and for damages on the ground that the

lands in question were originally transferred in violation of

law, including, but without limitation, the Trade and Intercourse

Act of 1790 (1 Stat. 137), or subsequent reenactments or versions

thereof.

(2) The Indians, Indian nations, and tribes and bands of

Indians, other than the Passamaquoddy Tribe, the Penobscot

Nation, and the Houlton Band of Maliseet Indians, that once may

have held aboriginal title to lands within the State of Maine

long ago abandoned their aboriginal holdings.

(3) The Penobscot Nation, as represented as of the time of

passage of this subchapter by the Penobscot Nation's Governor and

Council, is the sole successor in interest to the aboriginal

entity generally known as the Penobscot Nation which years ago

claimed aboriginal title to certain lands in the State of Maine.

(4) The Passamaquoddy Tribe, as represented as of the time of

passage of this subchapter by the Joint Tribal Council of the

Passamaquoddy Tribe, is the sole successor in interest to the

aboriginal entity generally known as the Passamaquoddy Tribe

which years ago claimed aboriginal title to certain lands in the

State of Maine.

(5) The Houlton Band of Maliseet Indians, as represented as of

the time of passage of this subchapter by the Houlton Band

Council, is the sole successor in interest, as to lands within

the United States, to the aboriginal entity generally known as

the Maliseet Tribe which years ago claimed aboriginal title to

certain lands in the State of Maine.

(6) Substantial economic and social hardship to a large number

of landowners, citizens, and communities in the State of Maine,

and therefore to the economy of the State of Maine as a whole,

will result if the aforementioned claims are not resolved

promptly.

(7) This subchapter represents a good faith effort on the part

of Congress to provide the Passamaquoddy Tribe, the Penobscot

Nation, and the Houlton Band of Maliseet Indians with a fair and

just settlement of their land claims. In the absence of

congressional action, these land claims would be pursued through

the courts, a process which in all likelihood would consume many

years and thereby promote hostility and uncertainty in the State

of Maine to the ultimate detriment of the Passamaquoddy Tribe,

the Penobscot Nation, the Houlton Band of Maliseet Indians, their

members, and all other citizens of the State of Maine.

(8) The State of Maine, with the agreement of the Passamaquoddy

Tribe and the Penobscot Nation, has enacted legislation defining

the relationship between the Passamaquoddy Tribe, the Penobscot

Nation, and their members, and the State of Maine.

(9) Since 1820, the State of Maine has provided special

services to the Indians residing within its borders, including

the members of the Passamaquoddy Tribe, the Penobscot Nation, and

the Houlton Band of Maliseet Indians. During this same period,

the United States provided few special services to the respective

tribe, nation, or band, and repeatedly denied that it had

jurisdiction over or responsibility for the said tribe, nation,

and band. In view of this provision of special services by the

State of Maine, requiring substantial expenditures by the State

of Maine and made by the State of Maine without being required to

do so by Federal law, it is the intent of Congress that the State

of Maine not be required further to contribute directly to this

claims settlement.

(b) Purposes

It is the purpose of this subchapter -

(1) to remove the cloud on the titles to land in the State of

Maine resulting from Indian claims;

(2) to clarify the status of other land and natural resources

in the State of Maine;

(3) to ratify the Maine Implementing Act, which defines the

relationship between the State of Maine and the Passamaquoddy

Tribe, and the Penobscot Nation, and

(4) to confirm that all other Indians, Indian nations and

tribes and bands of Indians now or hereafter existing or

recognized in the State of Maine are and shall be subject to all

laws of the State of Maine, as provided herein.

-SOURCE-

(Pub. L. 96-420, Sec. 2, Oct. 10, 1980, 94 Stat. 1785.)

-REFTEXT-

REFERENCES IN TEXT

The Trade and Intercourse Act of 1790 (1 Stat. 137), referred to

in subsec. (a)(1), is act July 22, 1790, ch. 33, 1 Stat. 137, which

was not classified to the Code. See sections 177, 179, 180, 193,

194, 201, 229, 230, 251, 263, and 264 of this title.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-420 provided: "That this Act [enacting

this subchapter] may be cited as the 'Maine Indian Claims

Settlement Act of 1980'."

AROOSTOOK BAND OF MICMACS SETTLEMENT

Pub. L. 102-171, Nov. 26, 1991, 105 Stat. 1143, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Aroostook Band of Micmacs

Settlement Act'.

"SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.

"(a) Findings and Policy. - Congress hereby finds and declares

that:

"(1) The Aroostook Band of Micmacs, as represented as of the

time of passage of this Act by the Aroostook Micmac Council, is

the sole successor in interest, as to lands within the United

States, to the aboriginal entity generally known as the Micmac

Nation which years ago claimed aboriginal title to certain lands

in the State of Maine.

"(2) The Band was not referred to in the Maine Indian Claims

Settlement Act of 1980 [25 U.S.C. 1721 et seq.] because

historical documentation of the Micmac presence in Maine was not

available at that time.

"(3) This documentation does establish the historical presence

of Micmacs in Maine and the existence of aboriginal lands in

Maine jointly used by the Micmacs and other tribes to which the

Micmacs could have asserted aboriginal title but for the

extinguishment of all such claims by the Maine Indian Claims

Settlement Act of 1980.

"(4) The Aroostook Band of Micmacs, in both its history and its

presence in Maine, is similar to the Houlton Band of Maliseet

Indians and would have received similar treatment under the Maine

Indian Claims Settlement Act of 1980 if the information available

today had been available to Congress and the parties at that

time.

"(5) It is now fair and just to afford the Aroostook Band of

Micmacs the same settlement provided to the Houlton Band of

Maliseet Indians for the settlement of that Band's claims, to the

extent they would have benefited from inclusion in the Maine

Indian Claims Settlement Act of 1980.

"(6) Since 1820, the State of Maine has provided special

services to the Indians residing within its borders, including

the members of the Aroostook Band of Micmacs. During this same

period, the United States provided few special services to the

Band and repeatedly denied that it had jurisdiction over or

responsibility for the Indian groups in Maine. In view of this

provision of special services by the State of Maine, requiring

substantial expenditures by the State of Maine and made by the

State of Maine without being required to do so by Federal law, it

is the intent of Congress that the State of Maine not be required

further to contribute directly to this settlement.

"(b) Purpose. - It is the purpose of this Act to -

"(1) provide Federal recognition of the Band;

"(2) provide to the members of the Band the services which the

United States provides to Indians because of their status as

Indians; and

"(3) place $900,000 in a land acquisition fund and property tax

fund for the future use of the Aroostook Band of Micmacs; and

"(4) ratify the Micmac Settlement Act, which defines the

relationship between the State of Maine and the Aroostook Band of

Micmacs.

"SEC. 3. DEFINITIONS.

"For the purposes of this Act:

"(1) The term 'Band' means the Aroostook Band of Micmacs, the

sole successor to the Micmac Nation as constituted in aboriginal

times in what is now the State of Maine, and all its predecessors

and successors in interest. The Aroostook Band of Micmacs is

represented, as of the date of enactment of this Act [Nov. 26,

1991], as to lands within the United States, by the Aroostook

Micmac Council.

"(2) The term 'Band Tax Fund' means the fund established under

section 4(b) of this Act.

"(3) The term 'Band Trust Land' means land or natural resources

acquired by the Secretary of the Interior and held in trust by

the United States for the benefit of the Band.

"(4) The term 'land or natural resources' means any real

property or natural resources, or any interest in or right

involving any real property or natural resources, including (but

not limited to) minerals and mineral rights, timber and timber

rights, water and water rights, and hunting and fishing rights.

"(5) The term 'Land Acquisition Fund' means the fund

established under section 4(a) of this Act.

"(6) The term 'laws of the State' means the constitution, and

all statutes, regulations, and common laws of the State of Maine

and its political subdivisions and all subsequent amendments

thereto or judicial interpretations thereof.

"(7) The term 'Maine Implementing Act' means the Act entitled

'Act to Implement the Maine Indian Claims Settlement' that was

enacted by the State of Maine in chapter 732 of the Maine Public

Laws of 1979, as amended by chapter 675 of the Maine Public Laws

of 1981 and chapter 672 of the Maine Public Laws of 1985, and all

subsequent amendments thereto.

"(8) The term 'Micmac Settlement Act' means the Act entitled

'Act to implement the Aroostook Band of Micmacs Settlement Act'

that was enacted by the State of Maine in chapter 148 of the

Maine Public Laws of 1989, and all subsequent amendments thereto.

"(9) The term 'Secretary' means the Secretary of the Interior.

"SEC. 4. AROOSTOOK BAND OF MICMACS LAND ACQUISITION AND PROPERTY

TAX FUNDS.

"(a) Land Acquisition Fund. - There is hereby established in the

Treasury of the United States a fund to be known as the Aroostook

Band of Micmacs Land Acquisition Fund, into which $900,000 shall be

deposited by the Secretary following the appropriation of sums

authorized by section 10.

"(b) Band Tax Fund. - (1) There is hereby established in the

Treasury of the United States a fund to be known as the Aroostook

Band of Micmacs Tax Fund, into which shall be deposited $50,000 in

accordance with the provisions of this Act.

"(2) Income accrued on the Land Acquisition Fund shall be

transferred to the Band Tax Fund until a total of $50,000 has been

transferred to the Band Tax Fund under this paragraph. No transfer

shall be made under this subsection if such transfer would diminish

the Land Acquisition Fund to a balance of less than $900,000.

"(3) Whenever funds are transferred to the Band Tax Fund under

paragraph (2), the Secretary shall publish notice of such transfer

in the Federal Register. Such notice shall specify when the total

amount of $50,000 has been transferred to the Band Tax Fund.

"(4) The Secretary shall manage the Band Tax Fund in accordance

with section 1 of the Act of June 24, 1938 (52 Stat. 1037; 25

U.S.C. 162a), and shall utilize the principal and interest of the

Band Tax Fund only as provided in paragraph (5) and section 5(d)

and for no other purpose.

"(5) Notwithstanding the provisions of title 31, United States

Code, the Secretary shall pay out of the Band Tax Fund, all valid

claims for taxes, payments in lieu of property taxes, and fees,

together with any interest and penalties thereon -

"(A) for which the Band is determined to be liable;

"(B) which are final and not subject to further administrative

or judicial review; and

"(C) which have been certified by the Commissioner of Finance

in the State of Maine as valid claims that meet the requirements

of this paragraph.

"(c) Source for Certain Payments. - Notwithstanding any other

provision of law, if -

"(1) the Band is liable to the State of Maine or any county,

district, municipality, city, town, village, plantation, or any

other political subdivision thereof for any tax, payment in lieu

of property tax, or fees, together with any interest and

penalties thereon, and

"(2) there are insufficient funds in the Band Tax Fund to pay

such tax, payment, or fee (together with any interest or

penalties thereon) in full,

the deficiency shall be paid by the Band only from income-producing

property owned by the Band which is not held in trust for the Band

by the United States and the Band shall not be required to pay such

tax, payment, or fee (or any interest or penalty thereon) from any

other source.

"(d) Procedure for Filing and Payment of Claims. - The Secretary

shall, after consultation with the Commissioner of Finance of the

State of Maine, and the Band, prescribe written procedures

governing the filing and payment of claims under this section.

"SEC. 5. AROOSTOOK BAND TRUST LANDS.

"(a) In General. - Subject to the provisions of section 4, the

Secretary is authorized and directed to expend, at the request of

the Band, the principal of, and income accruing on, the Land

Acquisition Fund for the purposes of acquiring land or natural

resources for the Band and for no other purposes. Land or natural

resources acquired within the State of Maine with funds expended

under the authority of this subsection shall be held in trust by

the United States for the benefit of the Band.

"(b) Alienation. - (1) Land or natural resources acquired with

funds expended under the authority of subsection (a) and held in

trust for the benefit of the Band may be alienated only by -

"(A) takings for public use pursuant to the laws of the State

of Maine as provided in subsection (c);

"(B) takings for public use pursuant to the laws of the United

States; or

"(C) transfers made pursuant to an Act or joint resolution of

Congress.

All other transfers of land or natural resources acquired with

funds expended under the authority of subsection (a) and held in

trust for the benefit of such Band shall be void ab initio and

without any validity in law or equity.

"(2) The provisions of paragraph (1) shall not prohibit or limit

transfers of individual use assignments of land or natural

resources from one member of the Band to another member of such

Band.

"(3) Land or natural resources held in trust for the benefit of

the Band may, at the request of the Band, be -

"(A) leased in accordance with the Act of August 9, 1955 (25

U.S.C. 415 et seq.);

"(B) leased in accordance with the Act of May 11, 1938 (25

U.S.C. 396a et seq.);

"(C) sold in accordance with section 7 of the Act of June 25,

1910 (25 U.S.C. 407);

"(D) subjected to rights-of-way in accordance with the Act of

February 5, 1948 (25 U.S.C. 323 et seq.);

"(E) exchanged for other land or natural resources of equal

value, or if they are not equal, the values shall be equalized by

the payment of money to the grantor or to the Secretary for

deposit in the land acquisition fund for the benefit of the Band,

as the circumstances require, so long as payment does not exceed

25 percent of the total value of the interests in land to be

transferred by the Band; and

"(F) sold, only if at the time of sale the Secretary has

entered into an option agreement or contract of sale to purchase

other lands of approximate equal value.

"(c) Condemnation by State of Maine and Political Subdivisions

Thereof. - (1) Land or natural resources acquired with funds

expended under the authority of subsection (a) and held in trust

for the benefit of the Band may be condemned for public purposes by

the State of Maine, or any political subdivision thereof, only upon

such terms and conditions as shall be agreed upon in writing

between the State and such Band after the date of enactment of this

Act [Nov. 26, 1991].

"(2) The consent of the United States is hereby given to the

State of Maine to further amend the Micmac Settlement Act for the

purpose of embodying the agreement described in paragraph (1).

"(d) Acquisition. - (1) Lands and natural resources may be

acquired by the Secretary for the Band only if the Secretary has,

at any time prior to such acquisition -

"(A) transmitted a letter to the Secretary of State of the

State of Maine stating that the Band Tax Fund contains $50,000;

and

"(B) provided the Secretary of State of the State of Maine with

a copy of the procedures for filing and payment of claims

prescribed under section 4(d).

"(2)(A) No land or natural resources may be acquired by the

Secretary for the Band until the Secretary files with the Secretary

of State of the State of Maine a certified copy of the deed,

contract, or other conveyance setting forth the location and

boundaries of the land or natural resources to be acquired.

"(B) For purposes of subparagraph (A), a filing with the

Secretary of State of the State of Maine may be made by mail and,

if such method of filing is used, shall be considered to be

completed on the date on which the document is properly mailed to

the Secretary of State of the State of Maine.

"(3) Notwithstanding the provisions of the first section of the

Act of August 1, 1888 (40 U.S.C. 257) [now 40 U.S.C. 3113] and the

first section of the Act of February 26, 1931 (40 U.S.C. 258a) [now

40 U.S.C. 3114(a)-(d)], the Secretary may acquire land or natural

resources under this section from the ostensible owner of the land

or natural resources only if the Secretary and the ostensible owner

of the land or natural resources have agreed upon the identity of

the land or natural resources to be sold and upon the purchase

price and other terms of sale. Subject to the agreement required by

the preceding sentence, the Secretary may institute condemnation

proceedings in order to perfect title, satisfactory to the Attorney

General of the United States, in the United States and condemn

interests adverse to the ostensible owner.

"(4)(A) When trust or restricted land or natural resources of the

Band are condemned pursuant to any law of the United States other

than this Act, the proceeds paid in compensation for such

condemnation shall be deposited into the Land Acquisition Fund and

shall be reinvested in acreage within unorganized or unincorporated

areas of the State of Maine. When the proceeds are reinvested in

land whose acreage does not exceed that of the land taken, all the

land shall be acquired in trust. When the proceeds are invested in

land whose acreage exceeds the acreage of the land taken, the Band

shall designate, with the approval of the United States, and within

30 days of such reinvestment, that portion of the land acquired by

the reinvestment, not to exceed the area taken, which shall be

acquired in trust. The land acquired from the proceeds that is not

acquired in trust shall be held in fee by the Band. The Secretary

shall certify, in writing, to the Secretary of State of the State

of Maine the location, boundaries, and status of the land acquired

from the proceeds.

"(B) The State of Maine shall have initial jurisdiction over

condemnation proceedings brought under this section. The United

States shall be a necessary party to any such condemnation

proceedings. After exhaustion of all State administrative remedies,

the United States is authorized to seek judicial review of all

relevant matters involved in such condemnation proceedings in the

courts of the United States and shall have an absolute right of

removal, at its discretion, over any action commenced in the courts

of the State.

"(5) Land or natural resources acquired by the Secretary in trust

for the Band shall be managed and administered in accordance with

terms established by the Band and agreed to by the Secretary in

accordance with section 102 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450f) or other applicable law.

"SEC. 6. LAWS APPLICABLE.

"(a) Federal Recognition. - Federal recognition is hereby

extended to the Aroostook Band of Micmacs. The Band shall be

eligible to receive all of the financial benefits which the United

States provides to Indians and Indian tribes to the same extent,

and subject to the same eligibility criteria, generally applicable

to other federally recognized Indians and Indian tribes.

"(b) Application of Federal Law. - For the purposes of

application of Federal law, the Band and its lands shall have the

same status as other tribes and their lands accorded Federal

recognition under the terms of the Maine Indian Claims Settlement

Act of 1980 [25 U.S.C. 1721 et seq.].

"(c) Eligibility for Special Services. - Notwithstanding any

other provision of law authorizing the provision of special

programs and services by the United States to Indians because of

their status as Indians, any member of the Band in Aroostook

County, Maine, shall be eligible for such services without regard

to the existence of a reservation or the residence of members of

the Band on or near a reservation.

"(d) Agreements With State Regarding Jurisdiction. - The State of

Maine and the Band are authorized to execute agreements regarding

the jurisdiction of the State of Maine over lands owned by, or held

in trust for the benefit of, the Band or any member of the Band.

The consent of the United States is hereby given to the State of

Maine to amend the Micmac Settlement Act for this purpose:

Provided, That such amendment is made with the agreement of the

Aroostook Band of Micmacs.

"SEC. 7. TRIBAL ORGANIZATION.

"(a) In General. - The Band may organize for its common welfare

and adopt an appropriate instrument in writing to govern the

affairs of the Band when acting in its governmental capacity. Such

instrument and any amendments thereto must be consistent with the

terms of this Act. The Band shall file with the Secretary a copy of

its organic governing document and any amendments thereto.

"(b) Members. - For purposes of benefits provided by reason of

this Act, only persons who are citizens of the United States may be

considered members of the Band except persons who, as of the date

of enactment of this Act [Nov. 26, 1991], are enrolled members on

the Band's existing membership roll, and direct lineal descendants

of such members. Membership in the Band shall be subject to such

further qualifications as may be provided by the Band in its

organic governing document, or amendments thereto, subject to

approval by the Secretary.

"SEC. 8. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT.

"For the purposes of this section, the Band is an 'Indian tribe'

within the meaning of section 4(8) of the Indian Child Welfare Act

of 1978 (25 U.S.C. 1903(8)), except that nothing in this section

shall alter or affect the jurisdiction of the State of Maine over

child welfare matters as provided by the Maine Indian Claims

Settlement Act of 1980 [25 U.S.C. 1721 et seq.].

"SEC. 9. FEDERAL FINANCIAL AID PROGRAMS UNAFFECTED BY PAYMENTS

UNDER THIS ACT.

"(a) State of Maine. - No payments to be made for the benefit of

the Band pursuant to this Act shall be considered by any agency or

department of the United States in determining or computing the

eligibility of the State of Maine for participation in any

financial aid program of the United States.

"(b) Band and Members of the Band. - (1) The eligibility for, or

receipt of, payments from the State of Maine by the Band or any of

its members shall not be considered by any department or agency of

the United States in determining the eligibility of, or computing

payments to, the Band or any of the members of the Band under any

Federal financial aid program.

"(2) To the extent that eligibility for the benefits of any

Federal financial aid program is dependent upon a showing of need

by the applicant, the administering agency shall not be barred by

this subsection from considering the actual financial situation of

the applicant.

"SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated $900,000 for the fiscal

year 1992 for transfer to the Aroostook Band of Micmacs Land

Acquisition Fund.

"SEC. 11. INTERPRETATION.

"In the event of a conflict of interpretation between the

provisions of the Maine Implementing Act, the Micmac Settlement

Act, or the Maine Indian Claims Settlement Act of 1980 [25 U.S.C.

1721 et seq.] and this Act, the provisions of this Act shall

govern.

"SEC. 12. LIMITATION OF ACTIONS.

"No provision of this Act may be construed to confer jurisdiction

to sue, or to grant implied consent to the Band to sue, the United

States or any of its officers with respect to the claims

extinguished by the Maine Indian Claims Settlement Act of 1980 [25

U.S.C. 1721 et seq.]."

-End-

-CITE-

25 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1722. Definitions

-STATUTE-

For purposes of this subchapter, the term -

(a) "Houlton Band of Maliseet Indians" means the sole successor

to the Maliseet Tribe of Indians as constituted in aboriginal

times in what is now the State of Maine, and all its predecessors

and successors in interest. The Houlton Band of Maliseet Indians

is represented, as of October 10, 1980, as to lands within the

United States, by the Houlton Band Council of the Houlton Band of

Maliseet Indians;

(b) "land or natural resources" means any real property or

natural resources, or any interest in or right involving any real

property or natural resources, including but without limitation

minerals and mineral rights, timber and timber rights, water and

water rights, and hunting and fishing rights;

Acquisition Fund established under section 1724(c) of this title;

(d) "laws of the State" means the constitution, and all

statutes, regulations, and common laws of the State of Maine and

its political subdivisions and all subsequent amendments thereto

or judicial interpretations thereof;

(e) "Maine Implementing Act" means section 1, section 30, and

section 31, of the "Act to Implement the Maine Indian Claims

Settlement" enacted by the State of Maine in chapter 732 of the

public laws of 1979;

(f) "Passamaquoddy Indian Reservation" means those lands as

defined in the Maine Implementing Act;

(g) "Passamaquoddy Indian Territory" means those lands as

defined in the Maine Implementing Act;

(h) "Passamaquoddy Tribe" means the Passamaquoddy Indian Tribe,

as constituted in aboriginal times and all its predecessors and

successors in interest. The Passamaquoddy Tribe is represented,

as of October 10, 1980, by the Joint Tribal Council of the

Passamaquoddy Tribe, with separate councils at the Indian

Township and Pleasant Point Reservations;

(i) "Penobscot Indian Reservation" means those lands as defined

in the Maine Implementing Act;

(j) "Penobscot Indian Territory" means those lands as defined

in the Maine Implementing Act;

(k) "Penobscot Nation" means the Penobscot Indian Nation as

constituted in aboriginal times, and all its predecessors and

successors in interest. The Penobscot Nation is represented, as

of October 10, 1980, by the Penobscot Nation Governor and

Council;

(l) "Secretary" means the Secretary of the Interior;

(m) "Settlement Fund" means the Maine Indian Claims Settlement

Fund established under section 1724(a) of this title; and

(n) "transfer" includes but is not limited to any voluntary or

involuntary sale, grant, lease, allotment, partition, or other

conveyance; any transaction the purpose of which was to effect a

sale, grant, lease, allotment, partition, or conveyance; and any

act, event, or circumstance that resulted in a change in title

to, possession of, dominion over, or control of land or natural

resources.

-SOURCE-

(Pub. L. 96-420, Sec. 3, Oct. 10, 1980, 94 Stat. 1786.)

-End-

-CITE-

25 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1723. Approval of prior transfers and extinguishment of Indian

title and claims of Indians within State of Maine

-STATUTE-

(a) Ratification by Congress; personal claims unaffected; United

States barred from asserting claims on ground of noncompliance of

transfers with State laws or occurring prior to December 1, 1873

(1) Any transfer of land or natural resources located anywhere

within the United States from, by, or on behalf of the

Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of

Maliseet Indians, or any of their members, and any transfer of land

or natural resources located anywhere within the State of Maine,

from, by, or on behalf of any Indian, Indian nation, or tribe or

band of Indians, including but without limitation any transfer

pursuant to any treaty, compact, or statute of any State, shall be

deemed to have been made in accordance with the Constitution and

all laws of the United States, including but without limitation the

Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33,

Sec. 4, 1 Stat. 137, 138), and all amendments thereto and all

subsequent reenactments and versions thereof, and Congress hereby

does approve and ratify any such transfer effective as of the date

of said transfer: Provided however, That nothing in this section

shall be construed to affect or eliminate the personal claim of any

individual Indian (except for any Federal common law fraud claim)

which is pursued under any law of general applicability that

protects non-Indians as well as Indians.

(2) The United States is barred from asserting on behalf of any

Indian, Indian nation, or tribe or band of Indians any claim under

the laws of the State of Maine arising before October 10, 1980, and

arising from any transfer of land or natural resources by any

Indian, Indian nation, or tribe or band of Indians, located

anywhere within the State of Maine, including but without

limitation any transfer pursuant to any treaty, compact, or statute

of any State, on the grounds that such transfer was not made in

accordance with the laws of the State of Maine.

(3) The United States is barred from asserting by or on behalf of

any individual Indian any claim under the laws of the State of

Maine arising from any transfer of land or natural resources

located anywhere within the State of Maine from, by, or on behalf

of any individual Indian, which occurred prior to December 1, 1873,

including but without limitation any transfer pursuant to any

treaty, compact, or statute of any State.

(b) Aboriginal title extinguished as of date of transfer

To the extent that any transfer of land or natural resources

described in subsection (a)(1) of this section may involve land or

natural resources to which the Passamaquoddy Tribe, the Penobscot

Nation, the Houlton Band of Maliseet Indians, or any of their

members, or any other Indian, Indian nation, or tribe or band of

Indians had aboriginal title, such subsection (a)(1) of this

section shall be regarded as an extinguishment of said aboriginal

title as of the date of such transfer.

By virtue of the approval and ratification of a transfer of land

or natural resources effected by this section, or the

extinguishment of aboriginal title effected thereby, all claims

against the United States, any State or subdivision thereof, or any

other person or entity, by the Passamaquoddy Tribe, the Penobscot

Nation, the Houlton Band of Maliseet Indians or any of their

members or by any other Indian, Indian nation, tribe or band of

Indians, or any predecessors or successors in interest thereof,

arising at the time of or subsequent to the transfer and based on

any interest in or right involving such land or natural resources,

including but without limitation claims for trespass damages or

claims for use and occupancy, shall be deemed extinguished as of

the date of the transfer.

(d) Effective date; authorization of appropriations; publication in

Federal Register

The provisions of this section shall take effect immediately upon

appropriation of the funds authorized to be appropriated to

implement the provisions of section 1724 of this title. The

Secretary shall publish notice of such appropriation in the Federal

-SOURCE-

(Pub. L. 96-420, Sec. 4, Oct. 10, 1980, 94 Stat. 1787.)

-REFTEXT-

REFERENCES IN TEXT

The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch.

33, Sec. 4, 1 Stat. 137, 138), referred to in subsec. (a)(1), was

not classified to the Code. See sections 177, 179, 180, 193, 194,

201, 229, 230, 251, 263, and 264 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1724, 1725, 1734 of this

title.

-End-

-CITE-

25 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1724. Maine Indian Claims Settlement and Land Acquisition

Funds in the United States Treasury

-STATUTE-

(a) Establishment of Maine Indian Claims Settlement Fund; amount

There is hereby established in the United States Treasury a fund

to be known as the Maine Indian Claims Settlement Fund in which

$27,000,000 shall be deposited following the appropriation of sums

authorized by section 1733 of this title.

(b) Apportionment of settlement fund; administration; investments;

limitation on distributions; quarterly investment income

payments; expenditures for aged members; cessation of trust

responsibility following Federal payments

(1) One-half of the principal of the settlement fund shall be

held in trust by the Secretary for the benefit of the Passamaquoddy

Tribe, and the other half of the settlement fund shall be held in

trust for the benefit of the Penobscot Nation. Each portion of the

settlement fund shall be administered by the Secretary in

accordance with reasonable terms established by the Passamaquoddy

Tribe or the Penobscot Nation, respectively, and agreed to by the

Secretary: Provided, That the Secretary may not agree to terms

which provide for investment of the settlement fund in a manner not

in accordance with section 162a of this title, unless the

respective tribe or nation first submits a specific waiver of

liability on the part of the United States for any loss which may

result from such an investment: Provided, further, That until such

terms have been agreed upon, the Secretary shall fix the terms for

the administration of the portion of the settlement fund as to

which there is no agreement.

(2) Under no circumstances shall any part of the principal of the

settlement fund be distributed to either the Passamaquoddy Tribe or

the Penobscot Nation, or to any member of either tribe or nation:

Provided, however, That nothing herein shall prevent the Secretary

from investing the principal of said fund in accordance with

paragraph (1) of this subsection.

(3) The Secretary shall make available to the Passamaquoddy Tribe

and the Penobscot Nation in quarterly payments, without any

deductions except as expressly provided in section 1725(d)(2) of

this title and without liability to or on the part of the United

States, any income received from the investment of that portion of

the settlement fund allocated to the respective tribe or nation,

the use of which shall be free of regulation by the Secretary. The

Passamaquoddy Tribe and the Penobscot Nation annually shall each

expend the income from $1,000,000 of their portion of the

settlement fund for the benefit of their respective members who are

over the age of sixty. Once payments under this paragraph have been

made to the tribe or nation, the United States shall have no

further trust responsibility to the tribe or nation or their

members with respect to the sums paid, any subsequent distribution

of these sums, or any property or services purchased therewith.

amount

There is hereby established in the United States Treasury a fund

to be known as the Maine Indian Claims Land Acquisition Fund in

which $54,500,000 shall be deposited following the appropriation of

sums authorized by section 1733 of this title.

(d) Apportionment of land acquisition fund; expenditures for

acquisition of land or natural resources; trust acreage; fee

holdings; interests in corpus of trust for Houlton Band following

termination of Band's interest in trust; agreement for

acquisitions for benefit of Houlton Band: scope, report to

Congress

The principal of the land acquisition fund shall be apportioned

as follows:

(1) $900,000 to be held in trust for the Houlton Band of

Maliseet Indians;

(2) $26,800,000 to be held in trust for the Passamaquoddy

Tribe; and

(3) $26,800,000 to be held in trust for the Penobscot Nation.

The Secretary is authorized and directed to expend, at the request

of the affected tribe, nation or band, the principal and any income

accruing to the respective portions of the land acquisition fund

for the purpose of acquiring land or natural resources for the

Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of

Maliseet Indians and for no other purpose. The first 150,000 acres

of land or natural resources acquired for the Passamaquoddy Tribe

and the first 150,000 acres acquired for the Penobscot Nation

within the area described in the Maine Implementing Act as eligible

to be included within the Passamaquoddy Indian Territory and the

Penobscot Indian Territory shall be held in trust by the United

States for the benefit of the respective tribe or nation. The

Secretary is also authorized to take in trust for the Passamaquoddy

Tribe or the Penobscot Nation any land or natural resources

acquired within the aforesaid area by purchase, gift, or exchange

by such tribe or nation. Land or natural resources acquired outside

the boundaries of the aforesaid areas shall be held in fee by the

respective tribe or nation, and the United States shall have no

further trust responsibility with respect thereto. Land or natural

resources acquired within the State of Maine for the Houlton Band

of Maliseet Indians shall be held in trust by the United States for

the benefit of the band: Provided, That no land or natural

resources shall be so acquired for or on behalf of the Houlton Band

of Maliseet Indians without the prior enactment of appropriate

legislation by the State of Maine approving such acquisition:

Provided further, That the Passamaquoddy Tribe and the Penobscot

Nation shall each have a one-half undivided interest in the corpus

of the trust, which shall consist of any such property or

subsequently acquired exchange property, in the event the Houlton

Band of Maliseet Indians should terminate its interest in the

trust.

(4) The Secretary is authorized to, and at the request of

either party shall, participate in negotiations between the State

of Maine and the Houlton Band of Maliseet Indians for the purpose

of assisting in securing agreement as to the land or natural

resources to be acquired by the United States to be held in trust

for the benefit of the Houlton Band. Such agreement shall be

embodied in the legislation enacted by the State of Maine

approving the acquisition of such lands as required by paragraph

(3). The agreement and the legislation shall be limited to:

(A) provisions providing restrictions against alienation or

taxation of land or natural resources held in trust for the

Houlton Band no less restrictive than those provided by this

subchapter and the Maine Implementing Act for land or natural

resources to be held in trust for the Passamaquoddy Tribe or

Penobscot Nation;

(B) provisions limiting the power of the State of Maine to

condemn such lands that are no less restrictive than the

provisions of this subchapter and the Maine Implementing Act

that apply to the Passamaquoddy Indian Territory and the

Penobscot Indian Territory but not within either the

Passamaquoddy Indian Reservation or the Penobscot Indian

Reservation;

lands, provisions satisfactory to the State and the Houlton

Band concerning:

(i) payments by the Houlton Band in lieu of payment of

property taxes on land or natural resources held in trust for

the band, except that the band shall not be deemed to own or

use any property for governmental purposes under the Maine

Implementing Act;

(ii) payments of other fees and taxes to the extent imposed

on the Passamaquoddy Tribe and the Penobscot Nation under the

Maine Implementing Act, except that the band shall not be

deemed to be a governmental entity under the Maine

Implementing Act or to have the powers of a municipality

under the Maine Implementing Act;

(iii) securing performance of obligations of the Houlton

Band arising after the effective date of agreement between

the State and the band.

(D) provisions on the location of these lands.

Except as set forth in this subsection, such agreement shall not

include any other provisions regarding the enforcement or

application of the laws of the State of Maine. Within one year of

October 10, 1980, the Secretary is directed to submit to the

appropriate committees of the House of Representatives and the

Senate having jurisdiction over Indian affairs a report on the

status of these negotiations.

(e) Acquisitions contingent upon agreement as to identity of land

or natural resources to be sold, purchase price and other terms

of sale; condemnation proceedings by Secretary; other acquisition

authority barred for benefit of Indians in State of Maine

Notwithstanding the provisions of sections 3113 and 3114(a) to

(d) of title 40, the Secretary may acquire land or natural

resources under this section from the ostensible owner of the land

or natural resources only if the Secretary and the ostensible owner

of the land or natural resources have agreed upon the identity of

the land or natural resources to be sold and upon the purchase

price and other terms of sale. Subject to the agreement required by

the preceding sentence, the Secretary may institute condemnation

proceedings in order to perfect title, satisfactory to the Attorney

General, in the United States and condemn interests adverse to the

ostensible owner. Except for the provisions of this subchapter, the

United States shall have no other authority to acquire lands or

natural resources in trust for the benefit of Indians or Indian

nations, or tribes, or bands of Indians in the State of Maine.

(f) Expenditures for Tribe, Nation, or Band contingent upon

documentary relinquishment of claims

The Secretary may not expend on behalf of the Passamaquoddy

Tribe, the Penobscot Nation, or the Houlton Band of Maliseet

Indians any sums deposited in the funds established pursuant to the

subsections (a) and (c) of this section unless and until he finds

that authorized officials of the respective tribe, nation, or band

have executed appropriate documents relinquishing all claims to the

extent provided by sections 1723, 1730, and 1731 of this title and

by section 6213 of the Maine Implementing Act, including

stipulations to the final judicial dismissal with prejudice of

their claims.

(g) Transfer limitations of section 177 of this title inapplicable

to Indians in State of Maine; restraints on alienation as

provided in section; transfers invalid ab initio except for:

State and Federal condemnations, assignments, leases, sales,

rights-of-way, and exchanges

(1) The provisions of section 177 of this title shall not be

applicable to (A) the Passamaquoddy Tribe, the Penobscot Nation, or

the Houlton Band of Maliseet Indians or any other Indian, Indian

nation, or tribe or band of Indians in the State of Maine, or (B)

any land or natural resources owned by or held in trust for the

Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of

Maliseet Indians or any other Indian, Indian nation or tribe or

band of Indians in the State of Maine. Except as provided in

subsections (d)(4) and (g)(2) of this section, such land or natural

resources shall not otherwise be subject to any restraint on

alienation by virtue of being held in trust by the United States or

the Secretary.

(2) Except as provided in paragraph (3) of this subsection, any

transfer of land or natural resources within Passamaquoddy Indian

Territory or Penobscot Indian Territory, except (A) takings for

public uses consistent with the Maine Implementing Act, (B) takings

for public uses pursuant to the laws of the United States, or (C)

transfers of individual Indian use assignments from one member of

the Passamaquoddy Tribe or Penobscot Nation to another member of

the same tribe or nation, shall be void ab initio and without any

validity in law or equity.

(3) Land or natural resources within the Passamaquoddy Indian

Territory or the Penobscot Indian Territory or held in trust for

the benefit of the Houlton Band of Maliseet Indians may, at the

request of the respective tribe, nation, or band, be -

(A) leased in accordance with sections 415 to 415d of this

title;

(B) leased in accordance with sections 396a to 396g of this

title;

(D) subjected to rights-of-way in accordance with sections 323

to 328 of this title;

(E) exchanged for other land or natural resources of equal

value, or if they are not equal, the values shall be equalized by

the payment of money to the grantor or to the Secretary for

deposit in the land acquisition fund for the benefit of the

affected tribe, nation, or band, as the circumstances require, so

long as payment does not exceed 25 per centum of the total value

of the interests in land to be transferred by the tribe, nation,

or band, and

(F) sold, only if at the time of sale the Secretary has entered

into an option agreement or contract of sale to purchase other

lands of approximate equal value.

(h) Agreement on terms for management and administration of land or

natural resources

Land or natural resources acquired by the Secretary in trust for

the Passamaquoddy Tribe and the Penobscot Nation shall be managed

and administered in accordance with terms established by the

respective tribe or nation and agreed to by the Secretary in

accordance with section 450f of this title, or other existing law.

(i) Condemnation of trust or restricted land or natural resources

within Reservations: substitute land or monetary proceeds as

medium of compensation; condemnation of trust land without

Reservations: use of compensation for reinvestment in trust or

fee held acreage, certification of acquisitions; State

condemnation proceedings: United States as necessary party,

exhaustion of State administrative remedies, judicial review in

Federal courts, removal of action

(1) Trust or restricted land or natural resources within the

Passamaquoddy Indian Reservation or the Penobscot Indian

Reservation may be condemned for public purposes pursuant to the

Maine Implementing Act. In the event that the compensation for the

taking is in the form of substitute land to be added to the

reservation, such land shall become a part of the reservation in

accordance with the Maine Implementing Act and upon notification to

the Secretary of the location and boundaries of the substitute

land. Such substitute land shall have the same trust or restricted

status as the land taken. To the extent that the compensation is in

the form of monetary proceeds, it shall be deposited and reinvested

as provided in paragraph (2) of this subsection.

(2) Trust land of the Passamaquoddy Tribe or the Penobscot Nation

not within the Passamaquoddy Reservation or Penobscot Reservation

may be condemned for public purposes pursuant to the Maine

Implementing Act. The proceeds from any such condemnation shall be

deposited in the land acquisition fund established by subsection

unorganized or unincorporated areas of the State of Maine. When the

proceeds are reinvested in land whose acreage does not exceed that

of the land taken, all the land shall be acquired in trust. When

the proceeds are invested in land whose acreage exceeds the acreage

of the land taken, the respective tribe or nation shall designate,

with the approval of the United States, and within thirty days of

such reinvestment, that portion of the land acquired by the

reinvestment, not to exceed the area taken, which shall be acquired

in trust. The land not acquired in trust shall be held in fee by

the respective tribe or nation. The Secretary shall certify, in

writing, to the Secretary of State of the State of Maine the

location, boundaries, and status of the land acquired.

(3) The State of Maine shall have initial jurisdiction over

condemnation proceedings brought under this section. The United

States shall be a necessary party to any such condemnation

proceedings. After exhaustion of all State administrative remedies,

the United States is authorized to seek judicial review of all

relevant matters in the courts of the United States and shall have

an absolute right of removal, at its discretion, over any action

commenced in the courts of the State.

(j) Federal condemnation under other laws; deposit and reinvestment

of compensatory proceeds

When trust or restricted land or natural resources of the

Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of

Maliseet Indians are condemned pursuant to any law of the United

States other than this subchapter, the proceeds paid in

compensation for such condemnation shall be deposited and

reinvested in accordance with subsection (i)(2) of this section.

-SOURCE-

(Pub. L. 96-420, Sec. 5, Oct. 10, 1980, 94 Stat. 1788.)

-COD-

CODIFICATION

"Sections 3113 and 3114(a) to (d) of title 40" substituted in

subsec. (e) for "section 1 of the Act of August 1, 1888 (25 Stat.

357), as amended, and section 1 of the Act of February 26, 1931 (46

Stat. 1421)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-MISC1-

HOULTON BAND OF MALISEET INDIANS SUPPLEMENTARY CLAIMS SETTLEMENT

Pub. L. 99-566, Oct. 27, 1986, 100 Stat. 3184, provided: "That

this Act may be cited as the 'Houlton Band of Maliseet Indians

Supplementary Claims Settlement Act of 1986'.

"DEFINITIONS

"Sec. 2. For purposes of this Act -

"(1) The term 'Houlton Band Tax Fund' means the fund

established under section 3.

"(2) The term 'Houlton Band trust land' means land or natural

resources acquired by the Secretary of the Interior and held in

trust by the United States for the benefit of the Houlton Band of

Maliseet Indians in accordance with section 5(d) of the Maine

Indian Claims Settlement Act of 1980 (25 U.S.C. 1724(d); 94 Stat.

1789).

"(3) The term 'amended Maine Implementing Act' means the Maine

Implementing Act (defined in section 3(e) of the Maine Indian

Claims Settlement Act of 1980 (25 U.S.C. 1722(e); 94 Stat. 1787))

as amended by -

"(A) the 'Act to amend the Maine Implementing Act with

respect to the Houlton Band of Maliseet Indians', enacted by

the State of Maine in chapter 675 of the Public Laws of 1981,

and

"(B) the State of Maine in chapter 672 of the Public Laws of

1985.

"(4) The term 'Secretary' means the Secretary of the Interior.

"(5) The term 'Houlton Band of Maliseet Indians' has the

meaning given to such term by section 3(a) of the Maine Indian

Claims Settlement Act of 1980 (25 U.S.C. 1722(a)).

"HOULTON BAND TAX FUND

"Sec. 3. (a) There is hereby established in the United States

Treasury a fund to be known as the Houlton Band Tax Fund in which

shall be deposited $200,000 in accordance with the provisions of

this Act.

"(b)(1) Income accrued on the land acquisition fund established

for the Houlton Band of Maliseet Indians pursuant to subsections

Act of 1980 (25 U.S.C. 1724; 94 Stat. 1789) shall be transferred to

the Houlton Band Tax Fund. No transfer shall be made under this

subsection if such transfer would diminish such land acquisition

fund to a balance of less than $900,000.

"(2) Whenever funds are transferred to the Houlton Band Tax Fund

pursuant to paragraph (1), the Secretary shall publish notice of

such transfer in the Federal Register. Such notice shall specify

when the full amount of $200,000 has been transferred to the

Houlton Band Tax Fund.

"(c) The Secretary shall manage the Houlton Band Tax Fund in

accordance with the first section of the Act of June 24, 1938 (25

U.S.C. 162a), and shall utilize the principal and interest of such

Fund only as provided in subsection (d) and for no other purpose.

"(d) Notwithstanding the provisions of section 3727 of title 31,

United States Code, the Secretary shall pay out of the Houlton Band

Tax Fund all valid claims for taxes, payments in lieu of property

taxes, and fees, together with any interest and penalties thereon -

"(1) for which the Houlton Band of Maliseet Indians are

determined to be liable under the terms of section 6208-A(2) of

the amended Maine Implementing Act,

"(2) which are final and not subject to further administrative

or judicial review, and

"(3) which have been certified by the Commissioner of Finance

and Administration of the State of Maine as valid claims (within

the meaning of section 6208-A(2) of the amended Maine

Implementing Act) that meet the requirements of this subsection.

"(e) Notwithstanding any other provision of law, if -

"(1) the Houlton Band of Maliseet Indians is liable to the

State of Maine or any county, district, municipality, city, town,

village, plantation, or any other political subdivision thereof

for any tax, payment in lieu of property tax, or fees, together

with any interest or penalties thereon, and

"(2) there are insufficient funds in the Houlton Band Tax Fund

to pay such tax, payment, or fee (together with any interest or

penalties thereon) in full,

the deficiency shall be paid by the Houlton Band of Maliseet

Indians only from income-producing property owned by such Band

which is not held in trust for such Band by the United States, and

such Band shall not be required to pay such tax, payment, or fee

(or any interest or penalty thereon) from any other source.

"(f) The Secretary shall, after consultation with the

Commissioner of Finance and Administration of the State of Maine

and the Houlton Band of Maliseet Indians, prescribe written

procedures governing the filing and payment of claims under this

section and section 6208-A of the amended Maine Implementing Act.

"HOULTON BAND TRUST LAND

"Sec. 4. (a) Subject to the provisions of section 3 of this Act,

the Secretary is authorized and directed to expend, at the request

of the Houlton Band of Maliseet Indians, the principal of, and

income accruing on, the land acquisition fund established for such

Band under subsections (c) and (d)(1) of section 5 of the Maine

Indian Claims Settlement Act of 1980 (25 U.S.C. 1724; 94 Stat.

1789) for the purposes of acquiring land or natural resources for

such Band and for no other purpose. Land or natural resources so

acquired within the State of Maine for such Band shall be held in

trust by the United States for the benefit of such Band.

"(b)(1) Land or natural resources acquired with funds expended

under the authority of subsection (a) and held in trust for the

benefit of the Houlton Band of Maliseet Indians may be alienated

only by -

"(A) takings for public use pursuant to the laws of the State

of Maine as provided in subsection (c),

"(B) takings for public use pursuant to the laws of the United

States,

"(C) transfers authorized by section 5(g)(3) of the Maine

Indian Claims Settlement Act of 1980 (25 U.S.C. 1724(g)(3); 94

Stat. 1791), or

"(D) transfers made pursuant to an Act or joint resolution of

Congress.

All other transfers of land or natural resources acquired with

funds expended under the authority of subsection (a) and held in

trust for the benefit of such Band shall be void ab initio and

without any validity in law or equity.

"(2) The provisions of paragraph (1) shall not prohibit or limit

transfers of individual use assignments of land or natural

resources from one member of the Houlton Band of Maliseet Indians

to another member of such Band.

"(c)(1) Land or natural resources acquired with funds expended

under the authority of subsection (a) and held in trust for the

benefit of the Houlton Band of Maliseet Indians may be condemned

for public purposes by the State of Maine, or any political

subdivision thereof, only upon such terms and conditions as shall

be agreed upon in writing between the State and such Band after the

date of enactment of this Act [Oct. 27, 1986].

"(2) The consent of the United States is hereby given to the

State of Maine to further amend the amended Maine Implementing Act

for the purpose of embodying the agreement described in paragraph

(1).

"(d)(1) Lands and natural resources may be acquired by the

Secretary for the Houlton Band of Maliseet Indians only if the

Secretary has, at any time prior to such acquisition -

"(A) transmitted a letter to the Secretary of State of the

State of Maine stating that the Houlton Band Tax Fund contains

$200,000, and

"(B) provided the Secretary of State of the State of Maine with

a copy of the procedures for filing and payment of claims

prescribed under section 3(f).

"(2)(A) No land or natural resources may be acquired by the

Secretary for the Houlton Band of Maliseet Indians until the

Secretary -

"(i) files with the Secretary of State of the State of Maine a

certified copy of the deed, contract, or other conveyance setting

forth the location and boundaries of the land or natural

resources to be acquired by the Secretary, or

"(ii) files with the Secretary of State of the State of Maine a

certified copy of any instrument setting forth the location and

boundaries of the land or natural resources to be acquired.

"(B) For purposes of subparagraph (A), filing with the Secretary

of State of the State of Maine may be made by mail and, if such

method of filing is used, shall be considered to be completed on

the date on which the document is properly mailed to the Secretary

of State of the State of Maine."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1722, 1723, 1725, 1728,

1733 of this title.

-End-

-CITE-

25 USC Sec. 1725 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1725. State laws applicable

-STATUTE-

(a) Civil and criminal jurisdiction of the State and the courts of

the State; laws of the State

Except as provided in section 1727(e) and section 1724(d)(4) of

this title, all Indians, Indian nations, or tribes or bands of

Indians in the State of Maine, other than the Passamaquoddy Tribe,

the Penobscot Nation, and their members, and any lands or natural

resources owned by any such Indian, Indian nation, tribe or band of

Indians and any lands or natural resources held in trust by the

United States, or by any other person or entity, for any such

Indian, Indian nation, tribe, or band of Indians shall be subject

to the civil and criminal jurisdiction of the State, the laws of

the State, and the civil and criminal jurisdiction of the courts of

the State, to the same extent as any other person or land therein.

(b) Jurisdiction of State of Maine and utilization of local share

of funds pursuant to the Maine Implementing Act; Federal laws or

regulations governing services or benefits unaffected unless

expressly so provided; report to Congress of comparative Federal

and State funding for Maine and other States

(1) The Passamaquoddy Tribe, the Penobscot Nation, and their

members, and the land and natural resources owned by, or held in

trust for the benefit of the tribe, nation, or their members, shall

be subject to the jurisdiction of the State of Maine to the extent

and in the manner provided in the Maine Implementing Act and that

Act is hereby approved, ratified, and confirmed.

(2) Funds appropriated for the benefit of Indian people or for

the administration of Indian affairs may be utilized, consistent

with the purposes for which they are appropriated, by the

Passamaquoddy Tribe and the Penobscot Nation to provide part or all

of the local share as provided by the Maine Implementing Act.

(3) Nothing in this section shall be construed to supersede any

Federal laws or regulations governing the provision or funding of

services or benefits to any person or entity in the State of Maine

unless expressly provided by this subchapter.

(4) Not later than October 30, 1982, the Secretary is directed to

submit to the appropriate committees of the House of

Representatives and the Senate having jurisdiction over Indian

affairs a report on the Federal and State funding provided the

Passamaquoddy Tribe and Penobscot Nation compared with the

respective Federal and State funding in other States.

under certain sections of title 18; effective date: publication

in Federal Register

The United States shall not have any criminal jurisdiction in the

State of Maine under the provisions of sections 1152, 1153, 1154,

1155, 1156, 1160, 1161, and 1165 of title 18. This provision shall

not be effective until sixty days after the publication of notice

in the Federal Register as required by section 1723(d) of this

title.

(d) Capacity to sue and be sued in State of Maine and Federal

courts; section 1362 of title 28 applicable to civil actions;

immunity from suits provided in Maine Implementing Act;

assignment of quarterly income payments from settlement fund to

judgment creditors for satisfaction of judgments

(1) The Passamaquoddy Tribe, the Penobscot Nation, and the

Houlton Band of Maliseet Indians, and all members thereof, and all

other Indians, Indian nations, or tribes or bands of Indians in the

State of Maine may sue and be sued in the courts of the State of

Maine and the United States to the same extent as any other entity

or person residing in the State of Maine may sue and be sued in

those courts; and section 1362 of title 28 shall be applicable to

civil actions brought by the Passamaquoddy Tribe, the Penobscot

Nation, and the Houlton Band of Maliseet Indians: Provided,

however, That the Passamaquoddy Tribe, the Penobscot Nation, and

their officers and employees shall be immune from suit to the

extent provided in the Maine Implementing Act.

(2) Notwithstanding the provisions of section 3727 of title 31,

the Secretary shall honor valid final orders of a Federal, State,

or territorial court which enters money judgments for causes of

action which arise after October 10, 1980, against either the

Passamaquoddy Tribe or the Penobscot Nation by making an assignment

to the judgment creditor of the right to receive income out of the

next quarterly payment from the settlement fund established

pursuant to section 1724(a) of this title and out of such future

quarterly payments as may be necessary until the judgment is

satisfied.

(e) Federal consent for amendment of Maine Implementing Act; nature

and scope of amendments; agreement respecting State jurisdiction

over Houlton Band lands

(1) The consent of the United States is hereby given to the State

of Maine to amend the Maine Implementing Act with respect to either

the Passamaquoddy Tribe or the Penobscot Nation: Provided, That

such amendment is made with the agreement of the affected tribe or

nation, and that such amendment relates to (A) the enforcement or

application of civil, criminal, or regulatory laws of the

Passamaquoddy Tribe, the Penobscot Nation, and the State within

their respective jurisdictions; (B) the allocation or determination

of governmental responsibility of the State and the tribe or nation

over specified subject matters or specified geographical areas, or

both, including provision for concurrent jurisdiction between the

State and the tribe or nation; or (C) the allocation of

jurisdiction between tribal courts and State courts.

(2) Notwithstanding the provisions of subsection (a) of this

section, the State of Maine and the Houlton Band of Maliseet

Indians are authorized to execute agreements regarding the

jurisdiction of the State of Maine over lands owned by or held in

trust for the benefit of the band or its members.

(f) Indian jurisdiction separate and distinct from State civil and

criminal jurisdiction

The Passamaquoddy Tribe and the Penobscot Nation are hereby

authorized to exercise jurisdiction, separate and distinct from the

civil and criminal jurisdiction of the State of Maine, to the

extent authorized by the Maine Implementing Act, and any subsequent

amendments thereto.

(g) Full faith and credit

The Passamaquoddy Tribe, the Penobscot Nation, and the State of

Maine shall give full faith and credit to the judicial proceedings

of each other.

(h) General laws and regulations affecting Indians applicable, but

special laws and regulations inapplicable, in State of Maine

Except as other wise (!1) provided in this subchapter, the laws

and regulations of the United States which are generally applicable

to Indians, Indian nations, or tribes or bands of Indians or to

lands owned by or held in trust for Indians, Indian nations, or

tribes or bands of Indians shall be applicable in the State of

Maine, except that no law or regulation of the United States (1)

which accords or relates to a special status or right of or to any

Indian, Indian nation, tribe or band of Indians, Indian lands,

Indian reservations, Indian country, Indian territory or land held

in trust for Indians, and also (2) which affects or preempts the

civil, criminal, or regulatory jurisdiction of the State of Maine,

including, without limitation, laws of the State relating to land

use or environmental matters, shall apply within the State.

(i) Eligibility for Federal special programs and services

regardless of reservation status

As federally recognized Indian tribes, the Passamaquoddy Tribe,

the Penobscot Nation, and the Houlton Band of Maliseet Indians

shall be eligible to receive all of the financial benefits which

the United States provides to Indians, Indian nations, or tribes or

bands of Indians to the same extent and subject to the same

eligibility criteria generally applicable to other Indians, Indian

nations or tribes or bands of Indians. The Passamaquoddy Tribe, the

Penobscot Nation, and the Houlton Band of Maliseet Indians shall be

treated in the same manner as other federally recognized tribes for

the purposes of Federal taxation and any lands which are held by

the respective tribe, nation, or band subject to a restriction

against alienation or which are held in trust for the benefit of

the respective tribe, nation, or band shall be considered Federal

Indian reservations for purposes of Federal taxation.

Notwithstanding any other provision of law authorizing the

provision of special programs and services by the United States to

Indians because of their status as Indians, any member of the

Houlton Band of Maliseet Indians in or near the town of Houlton,

Maine, shall be eligible for such programs and services without

regard to the existence of a reservation or of the residence of

such member on or near a reservation.

-SOURCE-

(Pub. L. 96-420, Sec. 6, Oct. 10, 1980, 94 Stat. 1793; Pub. L.

97-428, Sec. 3, Jan. 8, 1983, 96 Stat. 2268.)

-COD-

CODIFICATION

In subsec. (d)(2), "section 3727 of title 31" substituted for

"section 3477 of the Revised Statutes, as amended" on authority of

Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1983 - Subsec. (i). Pub. L. 97-428 inserted provision that

notwithstanding any other provision of law authorizing provision of

special programs and services by United States to Indians because

of their status as Indians, any member of Houlton Band of Maliseet

Indians in or near town of Houlton, Maine, be eligible for such

programs and services without regard to existence of a reservation

or of residence of such member on or near a reservation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13d, 1724, 1727 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "otherwise".

-End-

-CITE-

25 USC Sec. 1726 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1726. Tribal organization

-STATUTE-

(a) Appropriate instrument in writing; filing of organic governing

document

The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton

Band of Maliseet Indians may each organize for its common welfare

and adopt an appropriate instrument in writing to govern the

affairs of the tribe, nation, or band when each is acting in its

governmental capacity. Such instrument and any amendments thereto

must be consistent with the terms of this subchapter and the Maine

Implementing Act. The Passamaquoddy Tribe, the Penobscot Nation,

and the Houlton Band of Maliseet Indians shall each file with the

Secretary a copy of its organic governing document and any

amendments thereto.

(b) Membership

For purposes of benefits under this subchapter and the

recognition extended the Houlton Band of Maliseet Indians, no

person who is not a citizen of the United States may be considered

a member of the Houlton Band of Maliseets, except persons who, as

of October 10, 1980, are enrolled members on the band's existing

membership roll, and direct lineal descendants of such members.

Membership in the band shall be subject to such further

qualifications as may be provided by the band in its organic

governing document or amendments thereto subject to the approval of

the Secretary.

-SOURCE-

(Pub. L. 96-420, Sec. 7, Oct. 10, 1980, 94 Stat. 1795.)

-End-

-CITE-

25 USC Sec. 1727 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1727. Implementation of Indian Child Welfare Act

-STATUTE-

(a) Petition for assumption of exclusive jurisdiction; approval by

Secretary

The Passamaquoddy Tribe or the Penobscot Nation may assume

exclusive jurisdiction over Indian child custody proceedings

pursuant to the Indian Child Welfare Act of 1978 (92 Stat. 3069)

[25 U.S.C. 1901 et seq.]. Before the respective tribe or nation may

assume such jurisdiction over Indian child custody proceedings, the

respective tribe or nation shall present to the Secretary for

approval a petition to assume such jurisdiction and the Secretary

shall approve that petition in the manner prescribed by sections

108(a)-(c) of said Act [25 U.S.C. 1918(a)-(c)].

(b) Consideration and determination of petition by Secretary

Any petition to assume jurisdiction over Indian child custody

proceedings by the Passamaquoddy Tribe or the Penobscot Nation

shall be considered and determined by the Secretary in accordance

with sections 108(b) and (c) of the Act [25 U.S.C. 1918(b) and

(c)].

Assumption or jurisdiction under this section shall not affect

any action or proceeding over which a court has already assumed

jurisdiction.

(d) Reservations within section 1903(10) of this title

For the purposes of this section, the Passamaquoddy Indian

Reservation and the Penobscot Indian Reservation are "reservations"

within section 4(10) of the Act [25 U.S.C. 1903(10)].

(e) Indian tribe within section 1903(8) of this title; State

jurisdiction over child welfare unaffected

For the purposes of this section, the Houlton Band of Maliseet

Indians is an "Indian tribe" within section 4(8) of the Act [25

U.S.C. 1903(8)], provided, that nothing in this subsection shall

alter or effect the jurisdiction of the State of Maine over child

welfare matters as provided in section 1725(e)(2) of this title.

(f) Assumption determinative of exclusive jurisdiction

Until the Passamaquoddy Tribe or the Penobscot Nation has assumed

exclusive jurisdiction over the Indian child custody proceedings

pursuant to this section, the State of Maine shall have exclusive

jurisdiction over Indian child custody proceedings of that tribe or

nation.

-SOURCE-

(Pub. L. 96-420, Sec. 8, Oct. 10, 1980, 94 Stat. 1795.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Child Welfare Act of 1978 (92 Stat. 3069), referred to

in subsec. (a), is Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as

amended, which is classified principally to chapter 21 (Sec. 1901

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1901 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1725 of this title.

-End-

-CITE-

25 USC Sec. 1728 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1728. Federal financial aid programs unaffected by payments

under subchapter

-STATUTE-

(a) Eligibility of State of Maine for participation without regard

to payments to designated Tribe, Nation, or Band under subchapter

No payments to be made for the benefit of the Passamaquoddy

Tribe, the Penobscot Nation, or the Houlton Band of Maliseet

Indians pursuant to the terms of this subchapter shall be

considered by any agency or department of the United States in

determining or computing the eligibility of the State of Maine for

participation in any financial aid program of the United States.

(b) Eligibility of designated Tribe, Nation, or Band for benefits

without regard to payments from State of Maine except in

considering actual financial situation in determining need of

applicant

The eligibility for or receipt of payments from the State of

Maine by the Passamaquoddy Tribe and the Penobscot Nation or any of

their members pursuant to the Maine Implementing Act shall not be

considered by any department or agency of the United States in

determining the eligibility of or computing payments to the

Passamaquoddy Tribe or the Penobscot Nation or any of their members

under any financial aid program of the United States: Provided,

That to the extent that eligibility for the benefits of such a

financial aid program is dependent upon a showing of need by the

applicant, the administering agency shall not be barred by this

subsection from considering the actual financial situation of the

applicant.

or resources or otherwise used to affect federally assisted

housing programs or Federal financial assistance or other Federal

benefits

The availability of funds or distribution of funds pursuant to

section 1724 of this title may not be considered as income or

resources or otherwise utilized as the basis (1) for denying any

Indian household or member thereof participation in any federally

assisted housing program, (2) for denying or reducing the Federal

financial assistance or other Federal benefits to which such

household or member would otherwise be entitled, or (3) for denying

or reducing the Federal financial assistance or other Federal

benefits to which the Passamaquoddy Tribe or Penobscot Nation would

otherwise be eligible or entitled.

-SOURCE-

(Pub. L. 96-420, Sec. 9, Oct. 10, 1980, 94 Stat. 1795.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13d of this title.

-End-

-CITE-

25 USC Sec. 1729 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1729. Deferral of capital gains

-STATUTE-

For the purpose of subtitle A of title 26, any transfer by

private owners of land purchased or otherwise acquired by the

Secretary with moneys from the land acquisition fund whether in the

name of the United States or of the respective tribe, nation or

band shall be deemed to be an involuntary conversion within the

meaning of section 1033 of title 26.

-SOURCE-

(Pub. L. 96-420, Sec. 10, Oct. 10, 1980, 94 Stat. 1796; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954" wherever appearing, which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-End-

-CITE-

25 USC Sec. 1730 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1730. Transfer of tribal trust funds held by the State of

Maine

-STATUTE-

All funds of either the Passamaquoddy Tribe or the Penobscot

Nation held in trust by the State of Maine as of October 10, 1980,

shall be transferred to the Secretary to be held in trust for the

respective tribe or nation and shall be added to the principal of

the settlement fund allocated to that tribe or nation. The receipt

of said State funds by the Secretary shall constitute a full

discharge of any claim of the respective tribe or nation, its

predecessors and successors in interest, and its members, may have

against the State of Maine, its officers, employees, agents, and

representatives, arising from the administration or management of

said State funds. Upon receipt of said State funds, the Secretary,

on behalf of the respective tribe and nation, shall execute general

releases of all claims against the State of Maine, its officers,

employees, agents, and representatives, arising from the

administration or management of said State funds.

-SOURCE-

(Pub. L. 96-420, Sec. 11, Oct. 10, 1980, 94 Stat. 1796.)

-COD-

CODIFICATION

"October 10, 1980," substituted in text for "the effective date

of this Act".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

-End-

-CITE-

25 USC Sec. 1731 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1731. Other claims discharged by this subchapter

-STATUTE-

Except as expressly provided herein, this subchapter shall

constitute a general discharge and release of all obligations of

the State of Maine and all of its political subdivisions, agencies,

departments, and all of the officers or employees thereof arising

from any treaty or agreement with, or on behalf of any Indian

nation, or tribe or band of Indians or the United States as trustee

therefor, including those actions now pending in the United States

District Court for the District of Maine captioned United States of

America against State of Maine (Civil Action Nos. 1966-ND and

1969-ND).

-SOURCE-

(Pub. L. 96-420, Sec. 12, Oct. 10, 1980, 94 Stat. 1796.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

-End-

-CITE-

25 USC Sec. 1732 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1732. Limitation of actions

-STATUTE-

Except as provided in this subchapter, no provision of this

subchapter shall be construed to constitute a jurisdictional act,

to confer jurisdiction to sue, or to grant implied consent to any

Indian, Indian nation, or tribe or band of Indians to sue the

United States or any of its officers with respect to the claims

extinguished by the operation of this subchapter.

-SOURCE-

(Pub. L. 96-420, Sec. 13, Oct. 10, 1980, 94 Stat. 1797.)

-End-

-CITE-

25 USC Sec. 1733 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1733. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated $81,500,000 for the

fiscal year beginning October 1, 1980, for transfer to the funds

established by section 1724 of this title.

-SOURCE-

(Pub. L. 96-420, Sec. 14, Oct. 10, 1980, 94 Stat. 1797.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

-End-

-CITE-

25 USC Sec. 1734 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1734. Inseparability of provisions

-STATUTE-

In the event that any provision of section 1723 of this title is

held invalid, it is the intent of Congress that the entire

subchapter be invalidated. In the event that any other section or

provision of this subchapter is held invalid, it is the intent of

Congress that the remaining sections of this subchapter shall

continue in full force and effect.

-SOURCE-

(Pub. L. 96-420, Sec. 15, Oct. 10, 1980, 94 Stat. 1797.)

-End-

-CITE-

25 USC Sec. 1735 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER II - MAINE INDIAN CLAIMS SETTLEMENT

-HEAD-

Sec. 1735. Construction

-STATUTE-

(a) Law governing; special legislation

In the event a conflict of interpretation between the provisions

of the Maine Implementing Act and this subchapter should emerge,

the provisions of this subchapter shall govern.

(b) General legislation

The provisions of any Federal law enacted after October 10, 1980,

for the benefit of Indians, Indian nations, or tribes or bands of

Indians, which would affect or preempt the application of the laws

of the State of Maine, including application of the laws of the

State to lands owned by or held in trust for Indians, or Indian

nations, tribes, or bands of Indians, as provided in this

subchapter and the Maine Implementing Act, shall not apply within

the State of Maine, unless such provision of such subsequently

enacted Federal law is specifically made applicable within the

State of Maine.

-SOURCE-

(Pub. L. 96-420, Sec. 16, Oct. 10, 1980, 94 Stat. 1797.)

-End-

-CITE-

25 USC SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND

CLAIMS SETTLEMENT 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

-HEAD-

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

-End-

-CITE-

25 USC Part A - Florida Indian Land Claims Settlement Act

of 1982 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

Part A - Florida Indian Land Claims Settlement Act of 1982

-HEAD-

PART A - FLORIDA INDIAN LAND CLAIMS SETTLEMENT ACT OF 1982

-End-

-CITE-

25 USC Sec. 1741 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

Part A - Florida Indian Land Claims Settlement Act of 1982

-HEAD-

Sec. 1741. Congressional findings and declaration of policy

-STATUTE-

Congress finds and declares that -

(1) there is pending before the United States District Court

for the Southern District of Florida a lawsuit by the Miccosukee

Indian Tribe which involves certain lands within the State of

Florida;

(2) the pendency of such lawsuit may result in economic

hardships for residents of the State of Florida by clouding the

titles to lands in the State, including lands not now involved in

the lawsuits;

(3) the pendency of such lawsuit also has clouded the easement

rights of the South Florida Water Management District in lands

necessary for use as a water flowage and storage area, which is

part of a federally authorized project for flood control and

water management in central and southern Florida, and which is

being used to provide and regulate a water supply for the

residents of South Florida;

(4) the State of Florida and the Miccosukee Indian Tribe have

executed agreements for the purposes of resolving tribal land

claims and settling such lawsuit, which agreements require

implementing legislation by the Congress of the United States and

the Legislature of the State of Florida; and

(5) Congress shares with the parties to such agreements a

desire to settle such Indian claims in the State of Florida

without additional cost to the United States.

-SOURCE-

(Pub. L. 97-399, Sec. 2, Dec. 31, 1982, 96 Stat. 2012.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 97-399 provided: "That this Act [enacting

this part] may be cited as the 'Florida Indian Land Claims

Settlement Act of 1982'."

-End-

-CITE-

25 USC Sec. 1742 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

Part A - Florida Indian Land Claims Settlement Act of 1982

-HEAD-

Sec. 1742. Definitions

-STATUTE-

For purposes of this part -

(1) The term "Miccosukee Tribe" means the Miccosukee Tribe of

Indians of Florida, a tribe of American Indians recognized by the

United States and organized under section 476 of this title and

recognized by the State of Florida pursuant to chapter 285,

Florida Statutes.

(2) The term "State of Florida" means the State of Florida, its

agencies, political subdivisions, constitutional officers,

officials of its agencies and subdivisions, and the South Florida

Water Management District.

(3) The term "Secretary" means the Secretary of the Interior.

(4) The term "lands or natural resources" means any real

property or natural resources, or any interest in or right

involving any real property or natural resources including but

not limited to minerals and mineral rights, timber and timber

rights, water and water rights, and rights to hunt and fish.

(5) The term "lawsuit" means the action in the United States

District Court for the Southern District of Florida, entitled

Miccosukee Tribe of Indians of Florida against State of Florida,

et al., Case No. 79-253-CIV-JWK.

(6) The term "Lease Agreement" means that perpetual lease

granted by the State of Florida to the Miccosukee Tribe,

involving a specifically described area in South Florida, title

to which is held by the State of Florida and in which the

Miccosukee Tribe is granted certain express rights and interests.

(7) The term "settlement funds" means those amounts of money

which the State of Florida has agreed to pay to the Miccosukee

Tribe under the Settlement Agreement in partial consideration for

the settlement of the lawsuit and the extinguishment of rights to

all potential or unsettled claims which the Miccosukee Tribe may

have to lands or natural resources in the State of Florida.

(8) The term "Settlement Agreement" means those documents

entitled "Settlement Agreement between the Miccosukee Tribe and

the State of Florida" executed on April 16, 1982, by

representatives of the State of Florida and representatives of

the Miccosukee Tribe and filed with the secretary of state of the

State of Florida which incorporate the Lease Agreement described

in paragraph (6) of this section.

(9) The term "transfer" includes but is not limited to any

sale, grant, lease, allotment, partition, or conveyance, any

transaction the purpose of which was to effect a sale, grant,

lease, allotment, partition, or conveyance, or any event or

events that resulted in a change of possession or control of

lands or natural resources.

-SOURCE-

(Pub. L. 97-399, Sec. 3, Dec. 31, 1982, 96 Stat. 2012.)

-End-

-CITE-

25 USC Sec. 1743 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

Part A - Florida Indian Land Claims Settlement Act of 1982

-HEAD-

Sec. 1743. Findings by the Secretary

-STATUTE-

Section 1744 of this title shall not take effect until the

Secretary finds that the following events have occurred:

(1) the State of Florida has enacted legislation appropriating

sufficient money to pay, and in fact has paid, the settlement

funds to the Miccosukee Tribe;

(2) the State of Florida and the Miccosukee Tribe have executed

the Lease Agreement; and

(3) the State of Florida has enacted appropriate legislation to

carry out its commitments under paragraph 1b of the Settlement

Agreement between the State of Florida and the Miccosukee Tribe

and has given the waiver specified in paragraph 4d of such

Agreement.

-SOURCE-

(Pub. L. 97-399, Sec. 4, Dec. 31, 1982, 96 Stat. 2013.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1744 of this title.

-End-

-CITE-

25 USC Sec. 1744 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 19 - INDIAN LAND CLAIMS SETTLEMENTS

SUBCHAPTER III - FLORIDA INDIAN (MICCOSUKEE) LAND CLAIMS SETTLEMENT

Part A - Florida Indian Land Claims Settlement Act of 1982

-HEAD-

Sec. 1744. Approval of prior transfers and extinguishment of claims

and aboriginal title involving Florida Indians

-STATUTE-

(a) Publication of findings; consequences

If the Secretary finds that the State of Florida has satisfied

the conditions set forth in section 1743 of this title, he shall

publish such findings and the Settlement Agreement in the Federal

(1) the transfers, waivers, releases, relinquishments, and

other commitments made by the Miccosukee Tribe in paragraph 3 of

the Settlement Agreement between the State of Florida and the

Miccosukee Tribe shall be of full force and effect on the terms

and conditions therein stated; and

(2) the transfers, waivers, releases, relinquishments, and

other commitments validated by paragraph (1) of this subsection

and the transfers and extinguishments approved and validated by

paragraphs (1) and (2) of subsection (b) of this section shall be

deemed to have been made in accordance with the Constitution and

all laws of the United States that are specifically applicable to

transfers of lands or natural resources from, by, or on behalf of

any Indian, Indian nation, or tribe of Indians (including but not

limited to the Act of July 22, 1790 (1 Stat. 137) and any

amendments thereto and all subsequent versions thereof), and

Congress does hereby approve any such transfers effective as of

the date of such transfers.

(b) Scope of applicability to claims, transfers, etc.

(1) All claims to lands within the State of Florida based upon

aboriginal title by the Miccosukee Tribe, or any predecessor or

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