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H.R. 7919 (96th): Maine Indian Claims Settlement Act of 1980


The text of the bill below is as of Oct 10, 1980 (Passed Congress).


PUBLIC LAW 96-420—OCT. 10, 1980                                   94 STAT. 1785

Public Law 96-420
96th Congress
                                   An Act
To provide for the settlement of land claims of Indians, Indian nations and tribes    Oct. 10,1980—
  and bands of Indians in the State of Maine, including the Passamaquoddy Tribe,       [H.R. 7919]
  the Penobscot Nation, and the Houlton Band of Maliseet Indians, and for other
  purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,TYmt this Act may be Maine Indian
cited as the "Maine Indian Claims Settlement Act of 1980".          S t t E L n t Act
                                                                                     of 1980.
        CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY                             25 USC 1721
  SEC. 2. (a) Congress hereby finds and declares that:
      (1) The Passamaquoddy Tribe, the Penobscot Nation, and the 25 use I72i.
    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 Act 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 Act by the Joint Tribal Council of the Passama-
    quoddy 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 Act 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 Act 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

94 STAT. 1786 PUBLIC LAW 96-420—OCT. 10, 1980 just settlement of their land claims. In the absence of congres- sional 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 Passama- quoddy 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 jurisdic- tion 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) It is the purpose of this Act— (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. DEFINITIONS 25 use 1722. SEC. 3. For purposes of this Act, the term— (a) "Houlton Band of Maliseet Indians" means the sole succes- sor 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 the date of the enactment of this Act, 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; (c) "Land Acquisition Fund" means the Maine Indian Claims Land Acquisition Fund established under section 5(c) of this Act; (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;
PUBLIC LAW 96-420—OCT. 10, 1980 94 STAT. 1787 (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 defmed 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 repre- sented, as of the date of the enactment of this Act, by the Joint Tribal Council of the Passamaquoddy Tribe, with separate coun- cils 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 defmed 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 the date of enactment of this Act, by the Penobscot Nation Governor and Council; (1) "Secretary" means the Secretary of the Interior; (m) "Settlement Fund" means the Maine Indian Claims Settle- ment Fund established under section 5(a) of this Act; 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. APPROVAL OF PRIOR TRANSFERS A N D E X T I N G U I S H M E N T OF I N D I A N TITLE AND CLAIMS OF THE PASSAMAQUODDY TRIBE, THE PENOBSCOT NATION, THE HOULTON BAND OF MALISEET I N D I A N S , AND ANY OTHER I N D I A N S , INDIAN N A T I O N , OR TRIBE OR BAND OF I N D I A N S W I T H I N THE STATE OF M A I N E SEC. 4. (a)(1) Any transfer of land or natural resources located 25 USC 1723. 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 Inter- course 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.
94 STAT. 1788 PUBLIC LAW 96-420—OCT. 10, 1980 (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 the date of this Act 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, includ- ing but without limitation any transfer pursuant to any treaty, compact, or statute of any State. (b) 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) shall be regarded as an extinguishment of said aboriginal title as of the date of such transfer. (c) 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 Effective date. extinguished as of the date of the transfer. (d) The provisions of this section shall take effect immediately upon appropriation of the funds authorized to be appropriated to imple- Publication in ment the provisions of section 5 of this Act. The Secretary shall Federal publish notice of such appropriation in the Federal Register when Register. such funds are appropriated. ESTABLISHMENT OF FUNDS Maine Indian SEC. 5. (a) There is hereby established in the United States Claims Treasury a fund to be known as the Maine Indian Claims Settlement Settlement Fund in which $27,000,000 shall be deposited following the appropri- Fund. 25 u s e 1724. ation of sums authorized by section 14 of this Act. (b)(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 Waiver. 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 1 of 25 u s e 162a. the Act of June 24, 1938 (52 Stat. 1037), unless the respective tribe or
PUBLIC LAW 96-420—OCT. 10, 1980 94 STAT. 1789 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 para- graph (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 subsection 6(d)(2) 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. (c) There is hereby established in the United States Treasury a fund Maine Indian to be known as the Maine Indian Claims Land Acquisition Fund in Claims Land which $54,500,000 shall be deposited following the appropriation of Acquisition Fund, sums authorized by section 14 of this Act. establishment. (d) 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 Land or natural the affected tribe, nation or band, the principal and any income resources, acquisition. accruing to the respective portions of the land acquisition fund for the purpose of acquiring land or natural resources for the Passama- quoddy 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
94 STAT. 1790 PUBLIC LAW 96-420—OCT. 10, 1980 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 acquisi- tion: 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. State of Maine (4) The Secretary is authorized to, and at the request of either and Houlton party shall, participate in negotiations between the State of Band of Maliseet Maine and the Houlton Band of Maliseet Indians for the purpose Indians, negotiations. 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 le^slation enacted by the State of Maine approving the acquisition of such lands as required by section 5(d)(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 Act 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 Act 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; (C) consistent with the trust and restricted character of the lands, provisions satisfactory to the State and the Houl- ton 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 Implement- ing Act; (iii) securing performance of obligations of the Houl- ton 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 appli- Report to cation of the laws of the State of Maine. Within one year of the congressional date of enactment of this Act, the Secretary is directed to submit committees. 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) Notwithstanding the provisions of section 1 of the Act of August 1, 1888 (25 Stat. 357), as amended, and section 1 of the Act of
PUBLIC LAW 96-420—OCT. 10, 1980 94 STAT. 1791 February 26,1931 (46 Stat. 1421), the Secretary may acquire land or 40 u s e 258a. 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 pro- ceedings in order to perfect title, satisfactory to the Attorney Gen- eral, in the United States and condemn interests adverse to the ostensible owner. Except for the provisions of this Act, 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) 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 subsec- tions (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 4, 11, and 12 of this Act and by section 6213 of the Maine Implementing Act, including stipulations to the final judicial dismissal with prejudice of their claims. (g)(1) The provisions of section 2116 of the Revised Statutes shall 25 u s e 177. 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), 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 Land or natural Territory or the Penobscot Indian Territory or held in trust for the resources held in trust. 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 the Act of August 9,1955 (69 Stat. 539), as amended; 25 use (B) leased in accordance with the Act of May 11,1938 (52 Stat. 415-415d, 396. 347), as amended; 25 use (C) sold in accordance with section 7 of the Act of June 25,1910 396a-396f and (36 Stat. 857), as amended; notes. (D) subjected to rights-of-way in accordance with the Act of 25 u s e 407. February 5,1948 (62 Stat. 17); 25 u s e 323-328 (E) exchanged for other land or natural resources of equal and note. 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 79-194 0—81 —pt. 2 33 : QL3
94 STAT. 1792 PUBLIC LAW 96-420—OCT. 10, 1980 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, Land or natural (h) Land or natural resources acquired by the Secretary in trust for resources, the Passamaquoddy Tribe and the Penobscot Nation shall be man- administration. aged and administered in accordance with terms established by the respective tribe or nation and agreed to by the Secretary in accord- ance with section 102 of the Indian Self-Determination and Education 25 u s e 450f. Assistance Act (88 Stat. 2206), or other existing law. (i)(l) Trust or restricted land or natural resources within the Passamaquoddy Indian Reservation or the Penobscot Indian Reserva- tion 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 para- graph (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 section 5(c) and shall be reinvested in acreage within unorganized or unincorpo- rated 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. Condemnation (3) The State of Maine shall have initial jurisdiction over condem- proceedings. nation proceedings brought under this section. The United States shall be a necessary party to any such condemnation proceedings. State After exhaustion of all State administrative remedies, the United jurisdiction, U.S. judicial review. 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) 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 Act, the proceeds paid in compensation for such condemnation shall be deposited and reinvested in accordance with subsection (i)(2) of this section.
PUBLIC LAW 96-420—OCT. 10, 1980 94 STAT. 1793 APPLICATION OF STATE LAWS SEC. 6. (a) Except as provided in section 8(e) and section 5(d)(4), all State civil and Indians, Indian nations, or tribes or bands of Indians in the State of criminal jurisdiction. Maine, other than the Passamaquoddy Tribe, the Penobscot Nation, 25 u s e 1725. 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)(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 Act. (4) Not later than October 30, 1982, the Secretary is directed to Report to submit to the appropriate committees of the House of Representa- congressional committees. tives 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. (c) The United States shall not have any criminal jurisdiction in the State criminal State of Maine under the provisions of sections 1152,1153,1154,1155, jurisdiction, 1156, 1160, 1161, and 1165 of title 18 of the United States Code. This effective date. provision shall not be effective until sixty days after the publication of notice in the Federal Register as required by subsection 4(d) of this Act. (d)(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, United States Code, shall be applicable to civil actions brought by the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians: Pro- vided, 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 3477 of the Revised Statutes, as amended, the Secretary shall honor valid final orders of a 31 u s e 203. Federal, State, or territorial court which enters money judgments for causes of action which arise after the date of the enactment of this Act against either the Passamaquoddy Tribe or the Penobscot Nation by making an assignment to the judgment creditor of the right to
94 STAT. 1794 PUBLIC LAW 96-420—OCT. 10, 1980 receive income out of the next quarterly payment from the settle- ment fund established pursuant to section 5(a) of this Act and out of such future quarterly payments as may be necessary until the judgment is satisfied. (e)(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 enforce- ment 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. Separate (f) The Passamaquoddy Tribe and the Penobscot Nation are hereby jurisdiction. 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) 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) Except as other wise provided in this Act, 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. Certain Indian (i) As federally recognized Indian tribes, the Passamaquoddy Tribe, tribes, financial the Penobscot Nation, and the Houlton Band of Maliseet Indians benefits and tax shall be eligible to receive all of the financial benefits which the treatment. 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.
PUBLIC LAW 96-420—OCT. 10, 1980 94 STAT. 1795 TRIBAL ORGANIZATION SEC. 7. (a) The Passamaquoddy Tribe, the Penobscot Nation, and 25 u s e 1726. 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 Act 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 amend- ments thereto. (b) For purposes of benefits under this Act and the recognition Houlton Band of Maliseet extended the Houlton Band of Maliseet Indians, no person who is not Indians, a citizen of the United States may be considered a member of the membership. Houlton Band of Maliseets, except persons who, as of the date of this Act, 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 amend- ments thereto subject to the approval of the Secretary. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT SEC. 8. (a) The Passamaquoddy Tribe or the Penobscot Nation may Indian child assume exclusive jurisdiction over Indian child custody proceedings custody proceedings, pursuant to the Indian Child Welfare Act of 1978 (92 Stat. 3069). tribal Before the respective tribe or nation may assume such jurisdiction jurisdiction. over Indian child custody proceedings, the respective tribe or nation 25 u s e 1727. shall present to the Secretary for approval a petition to assume such 25 u s e 1901 jurisdiction and the Secretary shall approve that petition in the note. manner prescribed by sections 108(aHc) of said Act. 25 u s e 1918. Qa) 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 0)) and (c) of the Act. (c) Assumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction. (d) For the purposes of this section, the Passamaquoddy Indian Reservations. Reservation and the Penobscot Indian Reservation are "reserva- tions" within section 4(10) of the Act. (e) For the purposes of this section, the Houlton Band of Maliseet Indian tribe. Indians is an "Indian tribe" within section 4(8) of the Act, provided, that nothing in this subsection shall alter or effect the jurisdiction of the State of Maine over child welfare matters as provided in subsec- tion 6(e)(2) of this Act. (f) Until the Passamaquoddy Tribe or the Penobscot Nation has Indian child assumed exclusive jurisdiction over the Indian child custody proceed- custody proceedings, ings pursuant to this section, the State of Maine shall have exclusive jurisdiction. jurisdiction over Indian child custody proceedings of that tribe or nation. EFFECT OF PAYMENTS TO PASSAMAQUODDY TRIBE, PENOBSCOT NATION, AND HOULTON BAND OF MALISEET INDIANS S E C 9. (a) No payments to be made for the benefit of the Passama- 25 use 1728. quoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet
94 STAT. 1796 PUBLIC LAW 96-420—OCT. 10, 1980 Indians pursuant to the terms of this Act shall be considered by any agency or department of the United States in determining or comput- ing the eligibility of the State of Maine for participation in any financial aid program of the United States. (b) 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 Passama- quoddy 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 administer- ing agency shall not be barred by this subsection from considering the actual financial situation of the applicant. (c) The availability of funds or distribution of funds pursuant to section 5 of this Act 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 Passama- quoddy Tribe or Penobscot Nation would otherwise be eligible or entitled. DEFERRAL OF CAPITAL GAINS 25 u s e 1729. SEC. 10. For t h e purpose of subtitle A of t h e I n t e r n a l Revenue Code of 1954, a n y transfer by private owners of land purchased or other- wise acquired by t h e Secretary with moneys from t h e land acquisition fund w h e t h e r in t h e n a m e of t h e United States or of t h e respective tribe, nation or band shall be deemed to be a n involuntary conversion within t h e m e a n i n g of section 1033 of t h e I n t e r n a l Revenue Code of 26 u s e 1033. 1954, as amended. TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE OF MAINE 25 use 1730. SEC. 11. All funds of either the Passamaquoddy Tribe or the Penobscot Nation held in trust by the State of Maine as of the effective date of this Act 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 predeces- sors and successors in interest, and its members, may have against the State of Maine, its officers, employees, agents, and representa- tives, 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. OTHER CLAIMS DISCHARGED BY THIS ACT 25 use 1731. SEC. 12. Except as expressly provided herein, this Act shall consti- tute a general discharge and release of all obligations of the State of Maine and all of its political subdivisions, agencies, departments, and
PUBLIC LAW 96-420—OCT. 10, 1980 94 STAT. 1797 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-NDand 1969-ND). LIMITATION OF ACTIONS SEC. 13. Except as provided in this Act, no provision of this Act shall 25 use 1732. 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 Act. AUTHORIZATION SEC. 14. There is hereby authorized to be appropriated $81,500,000 25 use 1733. for the fiscal year beginning October 1,1980, for transfer to the funds established by section 5 of this Act. INSEPARABILITY SEC. 15. In the event that any provision of section 4 of this Act is 25 use 1734. held invalid, it is the intent of Congress that the entire Act be invalidated. In the event that any other section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections of this Act shall continue in full force and effect. CONSTRUCTION SEC. 16. (a) In the event a conflict of interpretation between the 25 use 1735. provisions of the Maine Implementing Act and this Act should emerge, the provisions of this Act shall govern. (b) The provisions of any Federal law enacted after the date of enactment of this Act 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 Act 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. Approved October 10, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-1353 (eomm. on Interior and Insular Affairs). SENATE REPORT No. 96-957 accompanying S. 2829 (eomm. on Indian Affairs). CONGRESSIONAL REOORD, Vol. 126 (1980): Sept. 22, considered and passed House. Sept. 23, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42: Oct. 11, Presidential statement.