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SUW'..ARY OF HAJOR PROVISIONS
s.
c~~ ~:..oj&
1
~
2829 provides congressional implementation and
tt
~
ratification of the terms of the settlement negotiated among
the parties; i.e., the Passamaquoddy Tribe, the Penobscot Nation ,
the Houlton Band of Maliseet Indians, the State of Maine, the
pr~vate
owners of large tracts of land, and the United States.
Section 4 of the bill provides for the extinguishment .of the
~claims
of the Passamaquoddy Tribe, the Penobscot Nation, and the
Houlton Band of Maliseet Indians in the State of Maine, includins
damage claims associated with these land claims, upon appropriati
,.
of $81.5 million to implement the provisions of Section~of this
Act.
c~~~ahrr~ Section
5 provides that the United States will establish a Maine Indian
Claims Settlement Fund, into which will be deposited $27 million,
which
t~e
bill authorizes to be appropriated; $13,500,000 of this
fund will be held for the benefit of the Passamaquoddy Tribe, and
$13,500,000 of this fund would be held for the Penobscot Nation.
The fund would be administered in accordance with reasonable term
put forth by the respective tribe or nation and agreed to by the
retain as reservations those lands and nawere reserved to them in their treaties
..
eligibility criteria as other federally recognized tribes.
Tribes' agreement with the State of Maine includes various
The
�other guarantees concerning jurisdictional matters and entitlement to state services.
In addition, Section 5 provides that the United States
will also establish the Maine Indian Lands Acquisition Fund, into
which will be
~.
~osited
be appropriated.
$54,500,000, which the bill authorizes to
It is expected that this amount of money will be
sufficient to acquire 150,000 acres of private lands for the
Passamaquoddy Tribe, 150,000 acres for the Penobscot Nation, and
5,000 acres for the Houlton Band of Maliseet Indians.
These lands
will be held by the United States in trust for the three Tribes
subject to
restrain~on
alienation except as specified in Section
Acquisition of lands for the Haul ton Band of Ma.liseet Indians~~!'
~~~~
f~~~u~.~~~.~~~~~~~
is deferred pending negotiation with the State on locatiori'ttn!"s.
5.
•
other matters of concern to the parties .
Section 6 governs the application of the laws of the State
of Maine to persons and property within the Indian Territories.
Subsection
<e>
adopts~~~mplementing
Act and provides
that the State may amend the provisions of that Act only with
the
prio~ -~onsent
of the Passamaquoddy Tribe and Penobscot Nation.
The Maine Implernen ting Act · sets forth the -- terms -of ,-agreement
be::~=-~.,_~_-:-
-_:.: --- ~;.;::.~~
tween the Tribe and Nation with the State of Maine with respect
to the jurisdiction of the Tribe, . the Natio/and the State, and
the legal status of these Tribes ~nder State law.
~
~
Essentially the Maine Implementing Act accords the
·!
~
Passamaquoddy Tribe and Penobscot F ation the status of a muni-
•
cipality under State la~; i} pr3v~pes for the applicatio
~~~,~~~~~~~~
law to persons and property with1n the in
�for the Tribes to make payments in lieu of taxes on real and
personal property within the Indian territory; it provides that
the Tribe and Nation will adopt certain laws of the State as their
own but the independent legal status of the Tribes under Federal
law is recognized; it establishes the authority of the Tribe and
Nation to enact ordinances applicable to all persons within the
.
.
.
I n d 1an terr1tory; -~prov1 d es t h at t h e
s tate
.
s h a 11 en f orce tr1 b a 1
ordinances as to offenses by non-members or offenses by members
e~
committed within eheir reopecb~ reservation~ where the potential
penalty exceeds imprisonment for six months or a fine of $500.00;
i t reserves to the Tribe or Nation exclusive authority over internal tribal matters, jurisdiction over minor offenses and juvenile
e.~
offenses committed by members within @heir ~e~elive=reservation~,
an~
r €s Prv cs
~o
th ~
Trib e s
~
~
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J.".U•...l.-L.J..L\.....
..l...J.lL..t'...L."-".LLL\-.1..1 \.-...1-.l.~':j
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~
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................ ..._..
courts the same as any other person or entity, provided that principles
o~y
applicable to municipalities in the State of
Maine areVfPpli;rble to the Tribe and the Nation when acting in
their governmental capacitfe.S Since the trust and restricted lands
and trust fund of the Tribe, Nation, ~ e Q~B~ will be exempt from
levy or attachment or from alienation, provision is made for payment by the Secretary of income from the Trust Settlement Fund in
ll
q;
.,L)d,
::
satisfaction of valid, final qrders of the courts .._!..~; -:___ , ·7 ~,-··~=L ~
J
.a....
•
....
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...
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-
�Section 6(h) provides that the general laws of the United
States which are applicable to Indians because of their status as
Indians are applicable to the Passamaquoddy Tribe, the Penobscot
Nation,and the Houlton Band of Maliseet Indians, except that no
such law which affects or preempts the laws of the State of Maine
shall be applicable.
The Tribe, Nation and Band are specifically
1
recognized as eligible to receive benefits provided by the United
States to Indians because of their status as Indians.
Section 7 authorizes but does not compel the Passamaquoddy
Tribe, the Penobscot Nation)and the Houlton Band of Maliseets to
adopt organizational documents and file same with the Secretary.
Section 8 provides for the implementation of the Indian Child
Welfare Act of 1978 by the Tribes.
Section 9 provides that payments made to the Tribe,
Natio~
or Band under this Act shall not be considered by Federal agencies
in determining or computing the eligibility of the State of Maine
for participation in Federal financial aid programs,
It furthe~jJ.r ~ ~
( ~;t;v;CEZV
~ ~~
provides that tribal eligibility for receipt of payment~from the~
State of - Maine shall not be considered by Federal agencies in
.
-.
~J
determining eligibility of the Tribes or _ their members to participate in Federal programs except that where eligibility for benefits is
dependent upon a showing of need a Federal agency will not be
barred from considering the actual financial situation of the
applicant.
Finally, the availability of funds or distribution
\
of funds from the Settlement Fund established under Section 5
of this Act shall not be considered as income or resources for
purposes of denying or reducing Federal financial assistance or
other Federal benefits to which the Passamaquoddy Tribe or
I '
�Penobscot Nation or their members would otherwise be entitled.
Section 10
provid~s
for
t
private property owners
·
deferral of capital gains for
~
~
to the United :State under
this Act by providing that such transfers of land shall be deemed
~
involuntary conversion)within the meaning of Section 1033 of
the Internal Revenue Code of 1954, as amended.
tr~psfer
Section · ll provides for the
of tribal trust funds
from the State of Maine to the Secreti ry of the
j
Interior~ection
12 provides for the general diseharg~ of the State of Maine from
existing or further
claims~ection/13
provides that this Act
.~
shall not be construed as conferrin~ jurisdiction upon any Indian,
:f
Indian tribe or band,
sue the un} ted States except as provided
'9'
w
in this Act.
~Section
%
14 authorizes the
to implement the provisions of
a1~ropr~'ati n ~f
Sec ~lon
5
$81.5 million
. Sect1on 15 provides that
r.
~'
if the extinguishment provisions of· Section 4 are held invalid,
then the .entire Act shall be
-'~~~~
s~op
Section 6.
jnvalipPteg~!
~c
I-
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Construction section description.
�\
)
~-·
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/'
I'
LEGISLATIVE HISTORY
///
r..-/'
,/
This s~ction will recite the introd_rf tion./of legislation
y
in the 95th
Co~ress
~,
to extinguish
thes~e/~laim~/and
/
the failure
j
I~,will also identiftY the vaf ious bills which
f\
(~~~·
i'
of its passage.
·'"
f
have beep introduced '\
1\~ the 96th ,S}bngress a1l d the date of the
\
hearings and the
~$
/.
current'\\stat~,9/"
'\
\
COMMITTEE
.~:
/'
·...
of the bil}- on the House side.
_..,,.
v
;-'
//
RECOMMENDMT~ONS
f
....
/'
/'
AND TABULATION OF VOTES
'~'
This section simp'1y recOrds the vote of the Committee at
"\.
'
.(
1//"
mark up.
/
The
in the
Se~t
natu~ of
// COMMITTEE
~\\....
""'
AMENDME~ .
Committee on Indian
A~f~s
a substitute as described
adopted an amendment
i~the
analysis J . t follows:
section-by-section
'\
SECTION-BY-SECTION ANALYSIS
Section 1.
Short Title.
Sec. 1 provides that the Act may be cited as the "Maine
Indian Claims Settlement Act of 1980."
Section 2.
0
Congressional - Findings and Declaration .of_ Policy__ ___
~c~(J) ~escribe)} the... basts P.~. ~he
claim
-:-
~
~i'~ ~f':J ~ .
1'~
~-~~,7~~/~lt/a:;JA-,~~~N-15.
£ndliC;6y:::.fove raised against the State of Haine and private
landowners owning land in certai~~f the.;;!-e of Haine.
Subsections 2 (a) (3) thrm;gh (6)
~(l(..~
~
'
· ·
that
~h_;
Houlton Band}
~~ ,.~'
of l'laliseet Indians, the Penobscot Nation, and the Pa~s~aq~
T~:i)::>~ a~~l):he sole ,s.uc..cessors_A..Qf those aboriginaJ ent;. tl.J=S
that once
(1SJ!l~
-~ r claimed
~
exercised·/ anoriginal rights of u.se
and occupancy over certain lands located in the State
(')f Haine.
~
~ ~-#
~
�pubsection S(d) (4),has been agreed to by the Penobscot
c
Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet
Indians, the State of Maine, ~nd the Administration41[he Houlton
Band remains
concerned 1~~~he
provisions of Section 5 requiring
that it reach agreement with the State securing the performance of
obligations, both public and private, that it may incur after the
enactment of this Act.
The basis for this concern is that since,
at present, the Band has no assets other than the lands which will
be acquired for it under this Act, it may prove difficult to fully
satisfy the State's concern over the satisfaction of future obligations incurred by the Band and the Band's ability to meet payments
in lieu of
pro~ty
taxes or other fees imposed under State law.
Thus, the Band is concerned that if it
fail to reto the
solve these questions, the State
event, the Band's
acquisition of trust land for the Band.
claim will have been extinguished
wit~out~aving-
received the com-
pensation contemplated for it by this Act.
It is the purpose of this Act to settle all Indian land
clai~s in_Maine fairly.
The Houlton Band is impoverj5Ped, it is
small in numbers, c it· has - no trusJdook· to, -· and . it is· questionable whether the land to be acquired fQr it will be utilized in an incomeproducing fashion in the forseeable future.
Immunity from taxation,
financial encumbrance or alienation without ·the consent of the
United states is the very essence of the trust character.
It is
recognized that acquiring land for the Band, in a location satisfactory to both the Band and the State, and not at the same time
providing protection against th alienation of tha\land, would
create a substantial risk that t e land would
fall~nto
private
�SE~section
2(a) (7} finds that
o~her
tribes, nations,
bands which may once have held aboriginal title within the StatE
of Maine have long ago abandoned their holdings.
Subsection 2(a) (8) refers to the Maine Implementing Act
which was passed by the Maine State Legislature on April 3, 198(
and
wMl@~
embodies
various
agreements between tl
ju~isdictional
parties. '
contributions the State c
Subsection 2(a) (9)
Maine has made
court
~~~~·
to~lfare
decisions,~e~r
and, in light of
According to recent
~~dnS.
~~tate
required to make these
of Maine
~
not
contrib~
~equired
make further direct1Contributions to this settlement_
Section 3.
.~
Definitions.
Sec. 3 contains:definitions of terms used throughout the
Claims Settlement Act.
~~ 'finitions
sub s e c t
i
0
ns
Of particular importance, among these de
are:
()) ,
A
(8) ,
:articipating in this
a 1( d
(]])
A-
d e f in ef t h e T r i b e s
s~ttlement. ~tatef
that
the Tribes are now represented by certain governing
bodies and that they are the successors in interest
!
to those aboriginal ent \ ties which once XKKRXXRH
exercised or claimed abo~iginal rights of use and
occupancy over certain areas of the State of Maine.
t
~
I~ ~
'3''r"HHe an9;,
Implementing Act.
;;),~~~~--
Psa.~ by
•
"
-
_!
reference to "!the Mail
The Maine Act specifically describes approxirnc
400,000 acres of land within the State from which the Secretary c
�\
\
Insert A
Subsection 4(a) (1)
provides Congressional approval and
ratification of all prior transfers of land or natural
resources located anywhere in the United States by or en
behalf of the Passamaquoddy Tribe, Penobscot Nation, or
Houlton Band of Maliseet Indians, and of all
of land or natural resources located in Maine
behalf of any other Indian, Indian
of Indians, and specifies that all such
deemed to have been made in accordance with all laws of
United States, including specifically the Trade
course Act.
Such approval of these prior conveyances will
remove the cloud of Indian claims against all present-day
landowners in Maine who trace their titles back to the
transfers being approved.
It is the opinion of the Depart-
ment of the Interior this langufge, taken together with the
language contained in subsectioAs 4(b)
\
and (c), will effec-
tively and completely extinguis ~ the Maine Indian land claims
\
and all related tribal claims th ~ t may have arisen prior to
{
the date of enactment of the legislation.
The proviso to
subsection 4(a) (1)
ensures that the personal claims of
individual Indians
(other than Federal common law fraud
claims)
that are based on laws of general applicability that
protect non-Indians as well as Indians are not effected by
�·- ----··-- - - - - - - - - - - - - - - - - - - - \
-2-
'\
·\
\
the language of subsection 4 (a) (l).
Thus, any claim by an
individual Indian that might be asserted by a non-Indian
under generally applicable Federal or state law is not
intended to be extinguished and may be brought under the
same conditions and limitations as would apply if a nonIndian brought a similar claim.
�the~
A
Iterior rna
and t
ation
acquire 150,000 acres on behalf
,
respec~~Y~:. Upo~ection
-t~;.J;/A..~~·~
such laney ~e-s.;;
#Territory~
of
!•:R
of~~
and acquisition,
a~e.:i~-ei-1·~* !Ji'Reservations•, the
t~or Nation.~
Subsection (14} defines the word "transfer."
to have a
.II.
~fll b...s-o~~
comorehensiy~Lreaning
-
~
and circumstances under
It is intended
and to cover all conceivable events
'
~~~
w~~jl
of
lan~can pas~
from one
f$j2Xbb<a::<l obwoleit:t"ht,·~~ ~R.. ..,~~
person or group of person~to the control of another person or group
of persons.
Section 4.
Approval of Prior Transfer and Extinguishment of Indian
Title and Claims of the Passamaquoddy Tribe, the Penobscot Nation,
the Houlton Band of Maliseet Indians, and Any Other Indians, or
Tribe or Band of Indians Within the State of Maine.
Section 4 consists of three subsections.
the
Maliseet Indians, the
TriBe, or
any other Indian
the
of a violation of the
ass~rtion
or other federal law with
. limi~ed-exception no~d ~.i ~ect~on . . The l~nguage is
1.ntent1.onally
bro.a~~ des1.gned ~~ all .cla1.ms
before the enactment
of~
Department of the Interior that the
based ..-..:-'---"
It is
lan~
extinguish the claims.
Subsection 4(a) (2) bars the United States from asserting any
.~
claims based on the transfer of land or natural resources by treaty,
l
l
cornpact.or other device or event which may \ have occurred in violation
l
of Maine State law.
\
�I
/
Insert B
Subsection 4(b) makes clear that the approval of transfers of land or natural resources effected by subsection
4(a) (1)
~
in~~~~ effec~an
extinguishment of any
~
aboriginal title that may have existed or may have been
claimed with respect to such land or natural resources.
�Subsection 4(a) (3) bars the United States from asserting
any individual claims arising from violation of State law prior
to December 1, 1873.
·on 4(b) states that
¥~Itt
bastm on aboriginal
Subsection 4(c) extinguishes all claims for damages by the
Maine Tribes or their members arising from the allegedly illegal
Section 5 consists of 10 subs~c~
Subsection S(al establishes a
~r~s~
............
-
ifund for the benefit
of the Penobscot Na~ion and Passamaquoddy Trib~arno~~
million
J(JPt¥1~~""'
..
1f;J.~~ -v{,,k_ /rU Mt ~
"(L.-
f.
l_+lfl~J-f~.
describes the manner in which th~·sh~ll
be allocated and how it shall be managed.
The principal of the fund
shall in-no event be distributed to the ~assamaquoddy Tribe or _
Penobscot Nation _or any individual members of those _Tribes.
The
Secretary of the Interior is protected from unwarranted liability _
in administering the settlement trust fund in subsections S(b) (1)
and ( 3) .
The Settlement Fund will be divided into two equal shares,
one to be held
i~ust
~
by the
Se~retary
for the benefit of the
Passamaquoddy Tribe and the other to be held in trust by the
Secretary for the benefit of the Penobscot Nation.
The Secretary
�will invest and administer each share in accordance with terms
applicable to it as established by the Passamaquoddy Tribe or the
Penobscot Nation, as the case may be, and agreed to by the Secretary.
The Secretary is obligated to agree
investment and
~o
any reasonable terms for
administration proposed by such Tribe or Nation.
Such terms need not be the same for
ableness as applied to the terms
~
The standard of reason-
o~tment
and administration
should be determined by reference to standards by which endowment
funds are invested and administered in the United States in accordance with standards set forth in the Management of Institutional
Funds
Act~It
is not intended that the Secretary or the Department
of the Interior would necessarily make the investment decisions or
carry them out.
It~ be
reasonable, for example, for the
Passamaquoddy Tribe or the Penobscot Nation to establish an investment committee and charge it with resppnsbility for (A) setting
investment policies;
(B) selecting one or more professional invest-
ment managers to carry out those policies;
(C) monitoring both the
policies and the managers; and (D) effecting changes in policies
and managers from ·time to time as circumstances and experience may
- _.,
~
. warrant.
The - committee might include 7
in addition to tribal members#
representatives of the Secretary and persons experienced in the
management of endowments, including, in particular, the establishment of policies and the selection of investment managers.
Subsection S(c) establishes a Land Acquisition Fund in the
�;{
. \
~O~The
~
$900,000.00 allocated for
Houlton Band of Maliseet
funds
land acquisition
Indians
is derived
originally agreed to be provided
Penobscot Nation.
are given a
For this reason,
one-half undivided
funds.
piece of
now or in
future
the Passamaquoddy Tribe and
the Tribe and Nation
reversionary interest
land,
but
out of these
shall not attach
r/ather follows
the
trust.
the
trust
trust will revert
Nation.
to
should
-f e_~lf\ ,~ nA~
n9~=e,
then
the
to any
one
In the
event the Houlton Band shall terminate its interest
property or
in any
on behalf of
transfer acquisitions,
The reversionary interest
\
the
from land acquisition
trust property acquired by the United States
the Band,
for
i~~st
corpus of the
the Passamaquoddy Tribe and
the Penobscot
�hands.
In extinguishing the claims of the Band and in appro-
priating the monies for the acquisition of land to comP.ensate
~~~=~thin
the State of Maine,
th~
~::r:'t:':-ae
~es an 4:{~J i Q£1 11' e~~ that this does not occur.
For,
should the land which is intended to constitute satisfaction of
the Band's legal claims come into the possession of
the intent of this Act in this
regard~~ll h~vf)been
~
third party
defeated.
Aeee~~~ Lnder no circumstances ~~e=permit the inability of the State and the Houlton Band to reach agreement on
these
issues~
any way result in the diminution, diminishment
or weakening of those restraints on alienation necessary to ensurE
that, once the land is acquired, it will remain held for the
of the Houlton Band.
be~~J
ill
In some respects, of course, this requires
the State to agree that lands to be acquired for the Houlton Band
will be exempt from some state laws such as those laws providing
for levy and s
of judgments.
non-payment of taxes or
satisfact1~
=eong"I--es-s also recognizes the legitimate interest of
the State in seeking to assure that the obligations of the Band
will be met and that fees and in-lieu payments due the State are
paid.
Congress has a continuing interest in the progress of the
~~;e:::c::s:;las~wbhitchh
~~~
diligently to devise practica
have been described above.
the State and the Band will work
arrangements to resolve them.
Consequently, this Committee will monitor the negotiations to
ens~
to its satisfaction that the parties have met these standards.
Subsection S(e) empowers the Secretary to perfect title to
the
la~-acq~d
through normal condemnation procedures provided
�-f::~ ~(e)• .~'
the owner of
th~and
has agreed upon
theJr~rchase
The Secretary is limited in his ability to acquire land or natur
resources for any Indians or Indian Tribes in Maine to the autho
ties provided in this Act.
Subsection S(f) would prohibit the Secretary from expendin
any sums for the benefit of the Penobscot Nation, the Houlton Ba:
of Maliseet Indians, or the Passamaquoddy Tribe either
~
the
Settlement Fund or th~-~~~~~quisition.Fund~~ete~min~s
t~at ~~a~
~tate
±n~-ens
of Maine or
w.Q~~ exling""O:i~hed
Subsec.
(R.S.
2115,
by Se£.
ef
~fte 'eN~
or--ttte srnte
Of4'1"aine,
~. 1 tt,l1::}
5(g)(l) provides that the Non-Intercourse Act
25 U.S.C.
Indian Nation,
tribe,
Passamaquoddy Tribe,
177) shall not apply to any Indian
or band of Indians) including the
the Penobscot Nation, and the Houlton
Band of Maliseet Indians, or to any lands held by or in
trust for any Indian, or any Indian Nation) tribe or
of Indians.
~s~u~hlo!Wswe-..c~-~5~(~g~)~(~2~)~ provides that all land acquired for the
Passamaquoddy Tribe or Penobscot N ·
at1on which falls within
the bounds of their
the
reservations or is included within/Indian
either
Territory of/eaeh tribe shall be
b
su ject to a restraint against
alienation which is comparable in character to the
in R.S.
2115, 25 U.S.C. 177.
tracks the
languag~
u.s.c.
§ 1716).
(43
U..L
restraints
See discussion under Su~~~(b)(l).
~
L..a..a.'-
~
Subclause (F) of subsection S(g) (3)
that the Secretary locate a
willi~g
require~
seller of land and effect a
contract or option with him before selling any land within Indiar
Territory.
�I
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/
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
iR±~ia~e-
~
is authorized to seek judicial review of
all relevant matters in the courts of the
U~~~
and shall have an absolute right of remova~from any
action commenced in the courts of the State.
)
�Penobscot~
Subsection S(h) permits the Secretary and the
and Passamaquoddy Tribefto set the terms under which the land
acquired under this Act shall be administered.
,
Subsection S(i) (1) provides that trust land held for the
benefi~J of the Passamaquoddy Tribe and Penobscot Nation may be
taken for public uses under State law as provided in the Maine
- Implementing Act.
~ cedure
Section 6205 of the
Main~
a pro-
of acre for acre compensation for taking of reservation
~~~9~ iOJl?(i) (2)
~.
provides generally that the State of
Maine is able to condemn land held by the tribes in Indian Territory as provided
,i~
the Maine Implementing Act;>
~~onetary
compensation for a taking
of lands in Indian Territory ~vi~96-&UGR ~~ shall be reinvested 4ft-+e~a through the Land Acquisition Fund.
Subsection 5(i)(3) provides that in the event of a taking
of trust or restricted lands within the Indian Territory the
United States shall be a necessary party to any proceeding.
This subsection requires an exhaustion of the administrative
process of condemnation as provided by State law.
Upon appeal
to the courts of the State of Maine, the United States shall
have an absolute right of removal at its discretion/ to the
1
,£
courts of the ~~ed States.
_.; -/~
~l:
~
lt
~~~A;._lt£
,_~~-
���.·
/
......
Subs e ction 6 (b) ( JJ., provides that the Passa_rnaquoddy Tribe,
the Penobscot Nation, their members and tpeir lands and natural
b~~ tl.~.
,·"'
-rr~.-t.s-f
,Co,.- --t-1 -e.~)
/
C't-
u,~ht'c..~ e.~-,-a.. h<:-1~
~
'Y
resources whichtare held. bYA them subjecr: to a restriction against
c;...t l't/ l"-) o f- wh •·c h a-,-~ h-e-.( ol. /
alien er by the 8-Ir.i:ted-~F-trSt-' for <Yf held in fee by the
A
-
I .
.
Tribe or Nation or their members
sha~l
i
-
be subject to the juris-
I
diction of the State to the extent ~ nd in the manner provided in
(
/'
the Maine Implementing Act.
The j~ risdiction which the State
may exercise over the trust lands or natural resources of the Tribe
~ ~-EJ)CO..)
or Nation 1s limited by Section S(d) (4~\of this Act.
The application of Maine law
• of
ca...V'\..
~
not jeopardize or
D~pair
the clear title
~he Uni~'1,~~~e tru.iJ-.a~~d~~~~~~
~~ ff~dize~i~ir
int!::lts Of the tribes
~n their
restricted
Section 6208 of the Maine Implementing Act specifically
property.
~· :..r-1-tr·~ JvL,f, ~ ..- T~ ..-,·"1"~()
exempts all real or per~~erty of the tribe~, including restricted and trust lands of thErlrribes, from taxation.
-~-~': ....
':~-:."!:!!:: ....
~~~-
·~
~-
~
Provision is made for payments by the tribes in lieu of taxes ~
t:/-( c; u~~ ,'v--.-.ke..~ .· ':i ~
and Section 6 (d) (2) of this Act provides a means for paymen~ from tp., 1(Jq,;'
-F r-~ ~ +"'-e.. $..c -r1 /.c..t1."'--.tM-f F~
~>-~.c::~=- inc~~el\in the event of: default.
_Section 5 (g) (2) -_ of this .~· --Act specj{ically prohibits alienation of tribal - trust - or restricted
- --;; :-
·~
~xce1>~- as :-.prov.i_9ed- in:_- Section S _(g~ 13.J : ::":This - restriction-is-~.::_~- -~:::::::-
lands
r""'!':'
:~
.7.;.... ~
~~
;!~:.·
~
.,.._. . . . =-
-
-
comparable~ ~-o- J
~ ~
specificall~
±
25 -u.S : C. ". § . 177 _which it - replaces~
-
Se~tion
5 (g) -12) · - -_
-
states that any transfer -of 2ands or · natural re-
~ --
-
sources outs-ide the terms of this Act "shall be void ab ini tic" .
This effectively exempts these trust or restricted lands from any
financial encumbrance which could cloud title and bring about
forced sales, or alienation, including, for example, tax or cornmercial liens or attachtments* ~--e~y a ~not
s~sif.4.G.a..l.-l-JT~i:'-&V-i..eee~~-
Laws of the State such as -
-
/
�Insert
I
J:.g .
3 0 ,____ ..a .f -t ·e-- ·- .. e~; d o f
r
-----~..._ ...
In addition,
-
1s t
pa r t i a 1 pa r a ~
to the extent that the State of Maine
or a political subdivision or instrumentality of the
State which seeks a tax,
fee,
or
~ayment
in lieu of
taxes from a tribe, provides services to such tribe which
ot~erwise
the Federal government would
to Section 6(i),
Federal funds,
provide persuant
such tribe w~il be entitled to use
consistent with th,purpose for which they
I
I
are appropriated,
to pay all or part of any such
or payment in lieu of taxes.
tax ~
fee ~
For example, Federal funds
c o u 1 d be us e d f'o pay the Ma ~ n e Fore s t
Dis t r i c t
t ax ,. pUr sua n t
to which the State provides fire protection and fire suppression
services for woodlands.
Federal funds
To ~
this extent~ utilization of
for~~ent ~~ such\ ~e~~d be
no different from anott:J t ,ribe .4h'9114.8ht
~~
under the Indian Self-Determination and Education Assistance
t
Act
(Act of Jan.
4, 1975;
8 ~ Stat.
2203)
for purposes of
subcontracting such service$ from a state.
�adverse possession or creditors liens are not applicable to these
trust or restricted lands or natural resources.
On the other hand, state law, including but not limited to
laws regulating land use or management, conservation and environmental
protection are fully applicable as provided in this Section and
~i
Section 6204 of the Maine Implementing Act.
~e f~~at
regu-
lation of land or natural resources may diminish or restrict
-f't't.A-~' 'o-f
maximization of income or value is not considered ~.A encumberance,
~v\. e::e
\I ";
· IA.O
+
b
Cl
r t"-e_.~'
-f- (' 0
C4-
\).A_
p{J ll .C.t:L--..{ 10 14,.
,t.( l
LO~~
+-/, S
1
Ft C +
,"
1
Subsection 6(b) (2) provides that funds appropriated for the
,.,
benefit of Indian people or for the . .dministration of Indian affairs
P
may be utilized by the -Passamaquoddy Tribe and the Penobscot Nation
to match state funds which laws of
~ the
State require to be raised
r;
!
1
by local or municipal governments as a condition to receiving State
financial assistance.
Utilizatio~
of these funds and restrictions
Section 6211
of Section 6211 on
Federal funding was [ the subject of intense scrutiny by
1'i
this Committee. _The exact mann~r in which this section of the State
n
Act will apply is set forth in ~h is report in the section entitled
"Ana~ysi~ -~f
the . Maine - ImplemenJ ing Act".
law is concerned, it is the intdnt of
'1
Federal funds used by the
.~
Tribe ~or
~~
,.,.
-~nsofar
this!'te~tion
,,
as . gene:tal Federal
of this Act
that ~,-
'··.o.~
-=::":-:·--
Nation as local · matching funds
shall be considered as local futids for purposes of any maintenance
~~
J'
..;
F~
of effort requirements imposed
~
~r
-
--------~ (
Federal law or regulation ·A 1\
~
Subsection 6(b) (3) is a s~vings clause to make clear that
~
the provisions of this Act
a
shall ~ not
'-.l
·· .,
be construed as superseding
any Federal statutes or regulations governing the provision or
funding of services or benefits to any person or entity in the
~V'-1~
.::J:±:. I
+
�State of Maine except as expressly provided in this Act.
Subsection _6(b) (4) directs the Secretary of the Interior
to submit no later than October 30, 1982, to the appropriate
committees having jurisdiction over Indian affairs a report on
the Federal and State funding provided the Passamaquoddy Tribe and
Penobscot Nation.
This provision is needed because of the eligibility
of the Tribe and Nation to participate as municipalities under the
Maine Implementing Act.
f
The relationship
and the provisions of Section 6211 of the
The pu~oe of this subsection is to assure a full review by the
appropriate Federal agencies and the Congress of the Federal and
State funding efforts in comparison to Federal and State funding
efforts in other states.
Subsection 6(c) provides that the federal government is
barred from asserting criminal jurisdiction based on federal
statutes pertaining to Indian offens~ in the State of ])iaine,
This avoids problems of concurrent State and Federal jurisdiction.
Subsection 6(d) (1) establishes that the Penobscot Nation,
the .
Passamaquoddy Tribe, and the Houlton Band of Maliseet Indians
- -.
may sue and be sued_-in the State of Maine and in the courts of the
United States just as any person or entity within the State might
sue or be sued to the extent permitted in the Maine Implementing
I
Act.
The Penobscot Nation and Passamaquoddy Tribe are acknowledged
d.J ..-.
~
to be i.mmune from s J i wirh;~ ~h~ ~·
I/1A.-~ ' --e . ~r.
~~.
their governmental
./
. . __
their officers are acting 1n
when they or
that municipalities and their
t o the same extent
capacity
immune from suit - .
officers are
..
~
~ ,._, ~. :
�·-
State of Maine except as expressly provided - 1n this Act.
Subsection 6(b) (4) directs the Secretary of the Interior
to submit no later than October 30, 1982, to the appropriate
committees having jurisdiction over Indian affairs a report on
~-·;~
the Federal and State funding provided the Passamaquoddy Tribe and
<r
Penobscot Nation.
This provision is needed because of the eligibility
\
of the Tribe and Nation to participate as munici palities under the
~ M~ine
Implementi NJ Act.
,
and the provisions
~'f
The relationship
;.~ e
Section 6211 of
c~~ed
·'' "
by this eligibility
r~ o ~ ~...a,..v\.~~ .l ~..,
1
Main/. Act are unique.
The purpsf of this S1;1bsection is to' aSsure a full review by , the
appropriate Federal ag ~ncies and tte Congress of the Federal and
State funding efforts in \comparison to Federal and State funding
,_..,.
. ..·l
\if
efforts in other states.
'\
Subsection 6 (c) proy,ide~- that the federal government is
I
\
::::::e:r::r:::::::n:9c~:::::l o::,:~;::~:s::a:: ::d:::~e:
0
..
~
'
,,
This avo1ds problems· of concurrent State and Federal
Subsection'"'/~~(d)
<'!
'
(1)
establishes
t
~
~at
jurisdic~ion.
the Penobscot Nation,
',
~
f
the Passamaquoq~y Tribe, and the Houlton Ba~ d of Maliseet Indians
,_ · . -.:;~~= ·'"~' ~ -::~~-- - J__·'~ -~..~
may sue.:-:afld :·-_b~ --· sued · in the State of Maine and --\in _the courts of the
.--s~"f:itJ:~~~-~?.if~:~-::-----~---
United -- Sta!:.es·- just as any person or entity
~,:\.
wi thi ~the
sue or be sued to the extent permitted in the
~~he 'P enobscot ~a~i~n ~nd
.R/
'&< {L~ be
f
'I
Passamaquoddy
, "'
_
State might
Main~\Implementirig
~ribe a~,'-~,cknowledged(j~;:
l-rnrnun e from s u~-=~-:~_:r::~ _:~ ~ . __s ~':' t~. ?.~ _l';i~ ]_~~-• ---------·----- . __
-~~J_~,J.. provides that, notwithstanding any
provision of the Anti-Assignment Act, the Secretary of the Interior
is empowered to take notice of valid judgments against the
Penobscot Nation and Passamaquoddy Tribe and to satisfy the
creditors with the income received from the Settlement
Fund,~
�l
(.--
e
i
~
~
~...t.k:-~~..-v .~ ~.}.t..-~...-~-t.' . ~---t,._, -7:!5 -i:7'~ ~c~
~~ /1?// ,. . ,1o ~.&,..It~~-"'~~~--......,-;-tf.~-iJ"Cfl. r~~~~~.l. 1--t~$
,
,/.flf\\
·lf'· (
~
~~
~.Je.a ~4- '~
-~~~-
I
once such j udge~nts ar e
.
.
"--:
has expnep. ~ 11
j
z ;:
.
I.-I Jf . 'I
!fj'"Gi-a-
·~
I
. ·'
,
~4...,..,. •.• ~~ ~. ·~ ~~
~l...<-~..)1 ~d
·~
;
~~·1
~ .~TILe., S~t~..a t:-:-:~~ (""~.-!'- -t l-1- pt!.~ -£~
.
/
,
~
~l.· nal
~he. ~.£me ~or taking.
Jf1A-+I - tj s s I;; ~~T
and
~-1l~l.~~~-L}!'\.. -·-·-·-f./.
j
I
'
(/
o f J~al
.a
c;
f?
\
'->JFC lll?e . 'J
':\
~ ~ ~
Subsection 6 (e) (ll permits the/ state of Maine and the
I
/
{
.
Penobscot Nation and the Passamaquoq.{jy Tribe to enter into agree-
Implement~g Act.
I
ments amending the Maine
\
''--
·;;;;ific
tft/
a~as? (.§.ubsection
~ · ~ ~~
lt \
f
6lel,P,.> extends the authority to e n t e ' ~
~
Maliseet ·Indians over jurisdictional issues, including the govern-
~
mental status of the Band under laws of the State.
Until any such
f
~
'
~
'
~
-
.an agreement is made with the Houlton Band, it and its members are
subject to all the laws of the State of Maine, except those from
which they will necessarily tle except under Section S(d) (4).
Subsection 6(f) recognizes the jurisdictional authority
. /I vk\ ·...f -< t/' .bY
of the Penobscot Nation and Passamaquoddy Tribe as~~~
Act.~
Maine and the courts of the Penobscot Nation aNd Passamaquoddy Tribe
shall accord full faith and credit to the judgements of the court's
oth-er. ~--.
---.....
-
r~::_·!.::
~
unless otherwise provided
in this Act or the Maine Implementing Act, the general body of
federal Indian law applies to the Passamaquoddy Tribe, Penobscot
Nation and Houlton Band of Maliseets within the State of Maine,
except to the extent such law preempts or affects the laws of the
State of Maine.
1 .,
~~
·~~
tt;
~~
, ~ ~~
~ ·.~
\-'~
~ •l
:
l~ ~
~~~ ~~
~ t f. ~~
Subsection 6(gJ. provides that the courts of the State of
of each
v
~c:Jl
~- ~
A proviso in this
into agreements with the State 1f Maine to the Houlton Band of
the Maine Implementing
~ ...
. ~'
. ·.
subsection limits the subject matier of those agreements to three
_/
v
~ '::
·
\.
~
\Nil
i'
m. -
��~~~/
-:r ~· u. ..-e,.~
~?'~l-~'""'" '- - - "'
· \;i ..\ ••
I
.I
�•
~
~,//
~~
-·t t{.Q
•
�f
t
�•
•
�. "'
�dj
/.
/
-------/
/
~,1./
'
;;....-
,,
.
• ,:.-.<_-'
/ r -t:----r / ...-"'-..-. "
-
dJVI.--(-1:
~~~~
/
- .
.
'!"-
- ,.-
-,
.::(0__::
,.--
.
.
--
/
-
,
h~s
;.::::-X..:\-::::> l
. d
e xp l re .
--
\1
- Subsection
cv I l/\.,
-'-:
S S I 'J
V
~1.-1v,_.._.t....~~"'-"t ~
C-T
/
e~~~r
into agree-
,
A prott~ iso in this
rnents amending the Haine Implementing Act.
1
subsection limits the subject matter of those
~
a(~eements
l
9
·5
Haliseet Indians over jurisdictional issuels l, including the govern.
.
\1 ~ \
Until any such
~l. ~
? . "'-~
\f
'
;1
':) ~
Penobsc~lt
~\ ~r :'-~
N~~
~~!>l
· - ·
W ~?.""""
Nation
a/a
l, ~
- --- -"
of each other.
-~
Subsection
r
.:.~--·
.. .
~
v.
t'
...
-
~"f.,
~~ ~\
t ...
'
~
Q
~f~
~
Passamaquoddy Tribe ·
shall accord full £aith and credit to the judgements of the court's
• ...
~T
("r
Subsection 6 (g) provides thatli: the courts of the State of
Haine and the courts of the
~
~
~~
t\:.?~ f·
.-~ f'
of the Penobscot Nation and Pass_amaqu,ddy Tribe a~
the Maine Implementing Act.
'l
~'
t
Section S(d) (4).
.
!
~?--~~
recognizes the .Jurisdictional authority
I
I\ ~ ~
\
~ \ ~
r
Subsection 6 (f)
\
xr~~
if
~pder
1X. '\.~
I
is made with the Houlton Barfd, i t and its members are
they will necessarily be except
·
t ·~~~
R- ~
shubl. cjhect to all the laws of the State of/Maine, except those from
W
-'-
~ r~ ~
t} ~t,
ente~n ~ 1
into agreernen ts v.ri th the State of Haine to tpe Haul ton Band of
State.
f"
to three
extends t l e authority to
mental status of the Band under laws of t~
~ ,:: ~
j\' ~~ \ ~~
·'-..
~
f
Penobscot Nation and the Passamaquoddy Tribe to
~ ·.
·
\
6 (e) (1) permits the State of Maine .land the
1
~
0EJ agreement
..... ·-
•
5- -<:;:;.t~ c~-1' ~--6 ----~·~. ~· ·.
f/-1-A+ l - )j
specific areas. ;subsection 6 (e) (2)
-
-~~-.:·-:::;t J /- -;;.-?::;_ 5 --~~J:
~- --- ~-~~cLL<--L.-~-·-~.-.-/··~
.
(....-~'/ r.~/~~~~ J-.._
_/J!.::;F-~4·-
- .
once such judgements are ~inal and ~he time ~or taking ~n appeal
c..;.
I
I
I
1
. ·•..'-···-···
~
~I /I~ I ;,_.. 'n ry.--· ~/.: ~~- ~~/ -~--- ~-;- !1 ...t_'..-..7 c ? ' --'
:;,
[_ (./
1
---
s that, unless otherwise
provided:~
-
.~.
..
·
-
....... -
...I
!!
�..
.I P
~)
6(i)~
Subsection
provides that - the Penobscot Nation,
..-"'fJ) .
~
f-.~''
the Passamaquoddy Tribe, and the Houlton Band of Maliseet Indians
federally recogniZed tribes and that, ~? suc~ they are eligible
to receive all Federal benefits which the , United States provides
I
to other Federally recognized tribes to the same extent and sub-
~bility
.. ject to same
\
J
1~
\~
'
:~
;
1' ~
.
6(i) provides further that for purposes of
J
CJ
L"J/
federal taxation the Houlton Band of 1 Maliseets, the Penobscot Nation,
u?
and the Passamaquoddy Tribe shall bl- treated as other federally
tribes and that their 1 £ nds which are held in trust
1
~ ~
.((
to
~ restriction~again} t
·~~
•
/
~ ~~
~ ~
~
-~ · ~
\ ~. ~ st>
\
I
·t.rvt.~
~
1
r -~r.. . ~
nti tle the Tribes to exemption from
c
,. ; : I { . i /~~;.,-' {! ·~ / ~ rl!"" 'i
;.----~:.! , .- · ' ·
·-
7.
Org:::~ati~i
Tribal
&
~
.
,.-.
•
~
•
taxc~;s-· ,?V) : /7: ;~ :r!f;: ::z; ·~- ~
s.t:ate
f~\J':u~·.Section
.
J
However, any exemption
!
~
.
alienation shall be considered
land for federal tax/ purposes.
· from federal tax laws does not
~
~-tJr~ .c-f.•"""· -'d '
v
~/
.! '
other Federally recognized
~ )
~ - ~reservation
;. . --:·
~-k
Subsect~·
~
~~ ~ ~ recognized
' J~1 \i or subject
1,
criteria
i
.(
, ,~ ~ tribes.
\}1
/
,.
~
-~
,-
,..
.-
tt-)
Subsection 7(a) ernpow,rs but does not requirg- the Penobscot
i )
{J)
}1
{j)
_)
M ~Nation, the Passamaquoddy Ti~be, ·and the Houlton Band of Maliseets
~
o. · · ~~
~ . .~ N ~~to
\ \~ 1
I
~~
~
,
:,
~
~
~Claims Settlement Act by trle Houlton Band of Maliseet Indians : to ·
I
~\~
~those
l ~·
Maliseet Indians who / are citizens of the United States or
·~
J~who, as of the date of thi~ Act, are enrolled members of the Band.
~ ~ ~ 1 n-~ ,~~- h..e.-~ d'J A ,~ , ~ -;-;, '(;.; : 1.1~1 .rs h ~~/ .c ,~. 11 -r 1~rt- ~ .. -;;... t .., ·"
{ 'u
i~
I
_.
.Subsection .7 (b) limiJ:.s participation in the Maine _ In_
.
dian __ -: -"
-
,.1.
'
~
1.
adopt an appropriate instirurnent to govern affairs of the tribe"
\l
'F.fl.e · :1:-±;m..:h--E-~i-e-~a...l.-se-a.pp-_1...1-e.$- to benefits available from the United
\
~---·-
_,.
1
/ L.. b t..-t..-f -r/'l
1\---
i
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"
;J
1-,<(f )
. ,
1i - - .5 ·..0..-'{! •rL-~~,._.
. /...-v•'·"""J.Jt.)
.itt.... ~~,.,..
,. {
-
•2
Ban~
of the
The Band is
;;:; o
-cej-f'e.~,...b (,·s:h -f~.- ~--f-\1 <-' - c,... ~-· ·-+~c v , ·c.-- +o
·C ~~tl.
empowered to~e-~i-.J:l.e its tnernbership J~~s- with the approval of 1:. ,
the Secretary.
(._,1-1
recog~i tion
States by virtue of federai
II'
)
-
}' {;tpf,
r--··t./)
•
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,
/~;; ~ ~ ~~ ~., __2~t~ -;_~;L1\ G ~~; ~u::f~ ~~
~
~
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· r·
~
-- -¥~~~~
~.
- C Y, d
,.17' 3 l.ft
. ../ ,-,·--r • ~ ~/ ~~-- ' - · ~~
I
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p~,~t J1L 7-:-~/ r..t'W _,.;zJ,~
.
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,"'"'rf/ . .
5 -41}-j~(..//
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7' . ~ 7";-~-·~··~.· r ~ / / err~-L ~~ 1
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It is recognized that some Banfl members still retain
•
;:
ll
their Can ad ian citizens hip and as 1ls t a tus Indians would
.I
be eligible to receive benel!f ts from thfr.. government
or its political subdivisio s.
c£ ~
It is the intent of the
€emmieeee- this section thjt no Band member who is actually
receiving benefits becaus J of his or her status as an Indian
I
from a government in Cana&a shall be entitled to receive
benefits under Federal laL which extends benefits to Federally
I
recognized Indians beca J .e of thjer status as Indians .
•
•
�Section 8.
Implementation of the Indian Child Welfare Act.
-
Subsection 8(aJ authorizes the Penobscot Nation and the
Passamaquoddy Tribe to assume exclusive jurisdiction over Indian
:>·
child custody proceedings under the Indian Child Welfare Act ~
191 a.
--1!?
u.s. e. s
1.ro Qll •
Subsection 8(b)
;g( ~ IJ/... 'N~ 8j llf '70'j 9 ~ s-+. · sob"/ -
~
Vhat the Secretary shall
·
·
·
JUrls a·
1ct1on over In a·
1an
·
·
revle\v pe t·t·
1 1ons f or t h e assumpt1on o f
{)'/GfZ-7
child custody proceedings which are made by the Penobscot Nation
or the Passamaquoddy Trib:_,
~e~itie~&~s
'Pfie £eoreta:Ej shall esnsi-6.ex; tb.e
provided in sections 108(b) and (c) of the Indian
Child Welfare Act.~~
Subsection((c} provides that where
f'
seGnt: ieB,
SubsectionJ"d)
~
provides that, for purposes of
this section, the reservations of the Passamaquoddy Tribe and
Penobscot Nation
~ 1 ~ons;i,Q~~tQJ;;:!u.Jf~4(10)
of the I~~ian Child Welfare Act~V!?dla~ territorye:~i~l~I~~~~~~~~~~~s~~~~~
~~erpation·- ~t _ considered
Subsection 8 (e)
is
fiart _ of ·the Tribes'
reservations~:
provides that the Houlton Band of Maliseet Indians
~Jf~'}
an Indian
Tribe within the meaning ofJth,Indian Child Welfare Act.
The proviso
makes clear that this
subs~tion
does not disturb
the jurisdiction of the State of Maine or its courts over child
welfare.
Consequently, subsections (a), (b), and (d) o~ s;;tioy
]0] of the Indian Child Welfare Act are not
~.
1
1!/-
applicable~
Subsection 8 (e) also refers to subsection 6 (e) (2) which
authorizes
~ts between the State and the
by their teiillS, affect the jurisdiction of the
Band which may,
Statea...J....~ ~ •
w
~
�J
within which the Passamaquoddy Tribe or the Penobscot
ll , Nation has not assumed jurisdictioni\Indian child, custody proceed~~~
~~ ings, jurisgi!E~·on will lie with the courts of the State of Maine.
~
( f~
~~)
- ~ ~ tb~e Co ittee notes that the Penobscot,; Nation currently
', ~ ~ '~ op~rates
~~~
~. r'
a tribal court, that the Department;! of the Interior has
established a Court of Indian Offenses for t ~he Passamaquoddy
Tribe, and that
h~
~efi
:
courts are currently }exercising jurisdiction
.f
i a net
i f eef\eea
~
Lhar'c: ~ection · 8 (b) ,
ar~ ~~~)
No~1s ~in-
bill.
I
welrare
I
1
/1:,)
8(Q~~~
included in anticipation
t
of the possibility that either the
. - ·--·,.
__ .,. .
·-a. . - . . . . .
Penobscot Nation
~assarnaquoddy
Tribe or the
mightrchoose~~~~~~~~~
c ild w~1{are m~tters initiallw.
,·s
a..Pe-&:~1
r~
......
'~
exercising juris ·.
,.·
I'
· on o..v e
~-
.
~,~..,.-"'·'p
welfare matters at __
• - - "' __,,
the time the se ~t.. _. .:~ ~n-£~ -b~__s;effi"'"~ effective the Cornrni ti;e~ expects
~
~
~ .f ? t. c:..l"' C-~ t Le... 'I ~.;·t ~ ......~ ~...~--i.."'l~ . ../ J ,_t
1 .~ 0 ~ .\. fJ --f
the Sec
ary to _~ ro,~±:aeA ~ approvalA :r:etfa:t?~,. ~- ~Y S~~t±on ·g (b) ~ -f _
_
+~·<.-~
\· t.f!Jtl i~ ·i·\Q., Ch t..l_~ ... l t._)••~ f-(>·t }~ c ,, ;.;..:.~_. . CJ· I? ~
(")
ef ective the date that t:_
~ se:ttlement become.) effective ..
. - -·
.. .--....
_..,/f'
J
-t=h
Section 9.
r
~
<
~
Effect of Payments to Passamaquoddy Tribe, Penobscot
Nation, and Houlton Band of Maliseet Indians.
Section 9 has three subsections.
Subsection 9(a) provides that the receipt of income by the
Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band
of Maliseet Indians shall not be considered by any agency of the
federal government in determining the eligibility of the State of
Main~
for federal financial assistance.
,· '
I
�Subsection 9(b) provides that, the receipt of payments
from the State of Maine or the simple eligibility for payments
by the State of Maine by the Passamaquoddy Tribe and the Penobscot
Nation shall not be computed by the federal government in determining the eligibility of the Penobscot Nation and Passamaquoddy
Tribe or any of their members for federal assistance.
f~deral
to this subsection permits the
I
A proviso
agency to consider the
actual need of the applicant if / the financial assistance is de-
l
pendent on a showing o~lv~ ~~~:<t:f#'4.~:tVP.. .. ·;f~~ ,.~
. .,;.
Subsection 9(c)Afunds
r
~pich
are forthcoming to the tribes
and their members under the t / rms of this Act are not to be used
to deny or reduce benefits tq any Indian household or member of
that household under any fed l rally assisted housing program.
Funds available to the
tribe~
t
under this Act are also not to be
used to deny or reduce fedelal assistance or benefits to either
tribe.
-r
.,. ..
.
./~ ~ "'
t.A '*'
-
·~
I
.....-.II!V"r,...dJ ~~9·~.,...._
,
· r::'
.
~~ --: .,.~ ~· ~r·
~
'
~'""'~
'
•
• -~_.., r t l f-
•
7- ·t..-o't~~~Jt.-~ .
--p.A.4
_
~
....,.......
r~~ ~ -L
~...~-~.-~
,t.~t ~
~
;
-il_ .,..,~...t
...... ·
~-- Lle.~ (7 cP~/7fB 1~'>75-C<?7 - ~ ltf!..~l'!f t.A,..~r ~ ~
"rrl
CS~A-.1- ~ 7~) ~....~ -·
..
~-
.-1 rt..~ 1'7
Section 10.
ot![!
1
Deferral of
'
C~pital
Gains .
...-7..;;·
·. .¥~·~ • ~ ·
,
l
Section 10 permits fandoWners who are selling or acquired
thefr land under this Act .to.treat the sales as events occurring
F.
under Section 1033 of
th~
f
fnternal Revenue Code,
This provision · J_-':_ ~--: ~-- ..:. :-- ·_ -
{
of the Code covers involuntary conversions of property, - -- · --~
t
Section 11.
Transfer of Tribal Trust Funds Held By the State· of -
Haine.
Section 11 provides for the transfer of funds currently
held in trust for the Penobscot Nation and Passamaquoddy Tribe
to the
Secretary~
The receipt of these funds by the Secretary
.. __,· 0
J.
�Section 10.
Deferral of Capital Gains.
Section 10 provides that landowners who
ransferring lands
under this Act are authorized to
transfers as invol-
untary conversions under section
Internal Revenue Code.
Section 1033 permits landowners who
sustained a loss of their
property involuntarily to defer the
would
otherwise be due on whatever compensa ion they received for the
property lost for a period of three
~fie-±~fteewfte~-may
If,during this period,
in property which is "similar" to t
~e~m±~ted-te
the landowner invests
at which he lost, he
may apply the basis
~
the property lost to the
newly-acquired property and
pay the capital gains tax
until the newly-acquired property
sold.
If, on the other
hand, he fails to invest in simil r property within the three
year period, he must amend the re urn he filed in the year he
claimed the section 1033 treatmen
E-ef!'re·s.~-t.
and pay the capital gains
a fair settlement of cl
Dct ('"·t
~n integ.ral)--of this settlement is
participation
~£xwixxiN~
of those who willingly transfer t eir land to fulfill its terms.
~
v-r-..0 \(... -C-.
~ jfurther/\:eogggFJ:iB._d LLcrt!-, but for the existence of the claims
-t.f'·t·v
of the Maine tribes, many ofAlando ners participating in this
settlement would not transfer thei
land
at all.
In fact,
f" 7-e.-n.r
~RN¥X0X-±NHX~~RXXR~x ~~xx~N theAopt~on contracts on the lands
\
which are to be acquired through the Land Acquisition Fund established
I
I
by section 5 of this Act are expressRy conditioned on the transfer
of the land being treated as
1033 event.
�Section ] ]
pertains to~st fund now operated for the benefit of the
pg~samaquoddy
Tribe and Penobscot Nation by the State of Maine.
in this fund are, by the operation of section
J, to
be transferred to the
Settlement Fund established pursuant to sect"on S(b) of this Act.
• receipt of these funds is intended to effec
The rronies
The
a general release of claims
officials regarding the administration o
fund.
Once
the Secretary receives the trust funds f om the State, he is authorized
and required to execute general release of the State of Maine and its
officials fran any claims which either ribe or the United States might
~
~
raisef concerning the administrat · n and management of the trust.
~~
I
hoYo;n
section 13 provides that, except/as provided in this Act, nothing
in this Act shall be interprete
act, or to confer jurisdiction
as either as a jurisdictional
o bring suit, or to represent
~officers
the implicit consent of the Uni~ed StatesJto be sued
by any
Indian, Indian nation, or tribe or band of Indians if the
claims extinguished by this Act are the basis for such suit.
he~~
$81.5 million to
this Act.
Section 15.
Inseparability.
Section 15 provides t
extinguishment section, is f
of Congress that t h e . A
the bill be held invalid, ho
that the rest of
Section 16.
portion of Section 4, the
invalid, it is the intent
Should any other portion of
it is the intent of the Congress
force.
Constuction.
Subsectiont~(a) simply provides that in the event of any
�conflict between the provisions of ,this
of . this /ct
Implementing Act, the provisions
~
,:
Ac~d
Subsection (bY' provides --that
the Maine
shall govern.
. . ..._
..
__
fed_g_~_§J_ __g_Q~
_
....--
enacted sub-
sequent to this Act that intend to mod ~~~~~ application of
//
State law under the provisions of t.nf s Act or the Maine Imple............
menting Act
/
,'""
mu~-t_··~ce.11.tain
an
e_?-~ ss
provision making them applic...
/./
able within the State of ··-.J;aine or they shall not be applicable.
...,.~-
_
'·
;/-·-,.
This provision woul/o't require. such an express application
provision in
subse~uently
~/
enacted'-..._ tatutes which make the Tribes
s
or their members eligible to
.........
receiv~~al
not affect or / preempt the laws of the
State ~,
would apply under Sec. S(h) of this Act, even
benefits or does
Such provisions
~ey
""
were included
in a later enacted Act.
/
�
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William S. Cohen Papers
Description
An account of the resource
Documents from the William S. Cohen Papers have been provided by the Raymond H. Fogler Library, University of Maine. Additional information about the collection can be accessed on their <a href="https://library.umaine.edu/cohen/" target="_blank">web page</a>.
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Title
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Draft of a Portion of the Senate Report for the Maine Indian Claims Settlement Act: Sections titled "Summary of Major Provisions" and "Section-by-Section Analysis" (09/11/1980)
Date
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9/11/1980
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William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 9, Folder 3
Language
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English
Description
An account of the resource
Draft of a Portion of the Senate Report for the Maine Indian Claims Settlement Act: Sections titled "Summary of Major Provisions" and "Section-by-Section Analysis." Includes handwritten notes.
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes courtesy of Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine. Prior permission is required for any commercial use.
1723
1725(h)
1735(b)
Application of State Law
Extinguishment of Claims
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/56154e75e89664bf4f075d870ffcf031.pdf?Expires=1712793600&Signature=nCxs1EuxdYmA90oF21CFTfMVlHJvYZGZgcWZyc3xfQZNJ-edlUFXGJfhGHXNz1KIKb4KWu1D-w%7Ea2FUdoBEgkLf0zS95mkRrWTI%7EP1xEqoJQiGbqp8lk0-xJ2QKZLeB40iJRRgmK3eheCzArD-41IJ2OHa3S17MrdeCp5K3Uh62Oo1h25yl6ZYaKXAZ%7E5760Ize124-tRSVx6fyHl2M2epXN78pW6XhKcj6iwNqIC-%7El0In5qMZpUHX6vPjbvOYjpkdfeY2QbcViqbIn2EwRtzpUNCelCmLow9YGnSRoj8PtgDvE6wzuyaQLaeH-U-Se44nMmvxcANlrYLPzmDzj1Q__&Key-Pair-Id=K6UGZS9ZTDSZM
c42fb76c4168cb7977f85f0de9dde966
PDF Text
Text
To:
Bill
From: Tim
Re: Maine Indian Legislation
rate:
9/5/8 0
As events proved yesterday, some areas of disagreement over the
federal legislation remain unresolved.
The reservations voiced by the State come as a surprise because
the -stabe's representatives were told that, if they had any problems with the bill, they should bring them to the attention of
the Committee at once.
John Paterson mentioned two and,.so 'I
called him· ~on Friday and we agreed on solutions to them.
I believe that, once the supplemental funding issue was resolved
on Wednesday, the State turned its attention to other portions
of the bill which then grew in importance.
Much of the agitation
in this regard seems to be coming from the State Legislators.
In any event, the State has highlighted several areas of concern
which they would like to see addressed. All are capable of solution.
1. The State would like to see the introductory clause in section
6(b) (1) reworded.
The clause reads:
"To the extent not inconsistent with this Act ... " I spoke with Interior today and they
agreed to accept the wording:
"In the event a conflict in
the interpretation of .... " the two acts arises, the federal
act will control.
2. The State objects to inclusion of a proviso in 6(a) which
prohibits the Indian Territory from being made subject to
to taxation, encumbrance, or alienation.
The provision
is redundant when taken with other parts of the Act and
may well be safely removed.
3. The Stabe objects to the provision that all condemnation
proceedings be conducted in federal district court.
This
problem will have to be worked out by the State and Justice
Ilepartrnent.
4. The State objects to the inclusion of the Maliseets in several
salient provisions. We have worked out this disagreement in
part.
5. Interior has raised a couple of minor problems dealing with
its trust relationship with the tribes which we will have
leave to them to work out.
Representatives f~0m the State, the tribes, Interior, and the Committee
will meet here in the Indian10ornrnittee today.
The meeting will present the parties to overcome logistical problems which arise when
they try to run language by one another over the telephone.
It
will also present us with an opportunity to jawbone them into
agreement.
�Problem 1.
Sec.
6 (b) (1)
The State objects to the phrase in
"To the extent not inconsistent with this Act ..• "
The State agrees that
in the event of a conflict between the
State Act and the Federal Act,
the language of the Federal
Act will control.
Solution:
Delete the objectionable language in
this
sub s e c t ion and ad d a new S e c t i on 16 '' Con s t r u c t i on'·' as f o 11 ow s :
"In the event a conflict in interpretation
.
lv'\.~
. .
t h e prov1s1ons o f t h e Ma1ne I mp 1 ementat:1:on
and this .Act ,.;hould emerg ;l the provisions.
this Ac t s h a I l g-o-\7 ·l.~ 1~ ~fill!f~~ h a 11 (~J-t p e r ~e de t
e
conflicting provision "oi the State Act."
of
A ct
of
hP
\
·,.r :
This new section will be accompanied by Committee report langu;g e
to make clear that the Congress does not believe there is any
conflict in the two Acts as presently understood by the parties.
Problem 2,
Sec.
The
State objects to the proviso in
6(a) which reads as follows;
"Provided, that nothing in this section shall
be construed as subjecting land or natural
resources held by the United States in trust
to taxation~ encumberance ~ or alienation.u
Exemption from taxation,
encumberance or alienation is a customary
incident of property held by the United States in trust for an
Indian tribe or individual.
Exemption from taxation :
encumberance which would cloud title,
financial
or from alienation through
a forced sale is indeed a necessary incident of
the trust.
The
term "encumberance" standing alone has been construed to include
any regulatory law of a
of property,
state or county which controls the use
Clearly the agreement of
the Maine Implementation Act shows
tribes shall be subject
the parties as evidenced in
that the trust lands of
to State law.
the
�The exemption of the trust lands from State taxation,
financial
emcumberance~
or forced alienation is.
already embodied in the provisions of Sec.
however ,
5(g)(2) and
(3)
and 5(i) restricting alienation generally and providing a
comprehensive scheme for
and Sec.
6(d)(2)
condemnations for public purposes,
providing a means by which judgments against
the tribes may be paid without invasion of the principle of
the tribal trust funds or
trust
'property~
at~achment
In addition,
or levy against
the tribes
the tribal trust property is
specifically provided for in Section 6208(2) of the Maine
Implementation Act which provides for payments by tne tribes
"in lieu of taxes on all real and personal proper;ey:
their respective Inciian territory.
that
t~e
t.
u.
within
Thus it is clGar
parties have agreed that the trust property shall
not be subject to taxation by the State, but the tribes have
agreed to make payments "in lieu" of such taxes and,
Sec.
6(.d)(2)
of the Federal Act,
through
they authorize the Secretary
of the Interior to make such payillents from the dividends or
earnings of the tribal trust funds.
Solution:
(a)
Leave the proviso in place and add
committee report language as above,
(b)
Move the proviso to Sec.
5 (g) (2) where
it appears more appropriate and add committee report language
as above.
(c)
Delete language entirely and add to
committee report in explanation of
that
Sec,
5(g)(.2)
to explain
the restrictions on alienation in that Section mean that
the trust property of the tribes is not subject to taxation,
financial encumberance,
forced or alienation in any other
�alienation
in Sec.
(such as adverse possession)
except as provided
5(g)(3).
Problem 3.
The State objects to the provisions of
Section 5(h)(3) which provides that the U.
for
the District of Maine will have exclusive jurisdiction
over condemnation actions,
for
S. District Court
They contend and the attorney _
the tribes agrees that the parties contemplated that the
State courts would have jurisdiction over condemnation proceedings
and this was the intent embodied in the Maine Implementation Act.
The relevant provision of the Maine Act
(Sec, 6205(3) provides
a statutory scheme for condemnation proceedings but does not
specify the court in which judicial proceedings are to be brought.
It seems apparent the State and the tribes did contemplate state
court jurisdiction,
The jurisdicional issue was raised in one of the last
negotiating sessions by the Dept of Interior and Justice.
In
view of the fact legal title will repose in the United States
and the United States must be a party to any condemnation proceeding,
and because condemnation proceedings against tribal trust property
throughout the rest of the United States must be brought in Federal
court, committee staff opted for Federal court jurisdiction rather
than State!
Solution:
This is a problem to be resolved between
the State and Interior and Justice!
The tribes have no position
on the issue.
Problem 4.
The State accepts the reality that the
extinguishment provisions of Sec.
4 will be made contingent
\
upon appropriation of the funds
to implement Section 5,
They
�ask what will be done in the event the Congress fails to
appropriate the entire $81.5 million in one lump sum but
rather strings it out over a
multi~year
appropriation.
In
such event the State wishes immediate extinguishment upon
appropriation of the initial sum.
things,
that the:Maine Implementing Act does not take effect
until the claims are extinguished.
of the Maine Act
of
They point out, among other
(Sec.
However,
that same section
31) also conditions the effective date
the Maine Act upon appropriation of funds
to compensate the
tribes.
Solution:
The Administration has committed itself
to seek an immediate appropriation of the full $81.5 million
upon enactment of this Act.
Certainly the tribes are entitled
to begin earning income from the trust fund
to be established
upon the date their claims to land are extinguished.
More
importantly, appropriation of funds for acquisition of trust
lands cannot be delayed because the numerous pprchase options
are due to expire.
It can only be assumed that the Congress
and the Administration will follow through on the commitments
encompassed in the passage of this legislation.
�Problem 5.
(f),
(h)
and
The State objects to sections 5(d)(3),
(g),
(i) which provides for acquisition
uf land to be held by the United States in trust for the Houlton
Band of Maliseet Indians subject to the same terms and conditions
as those lands to be acquired for
Penobscot Nation.
the Passamaquoddy Tribe and
The gravamen of the States complaint is that
the Houlton Band did not participate in negotiations prior to
introduction of this Federal legislation;
that the Maine Implementing
Act contains no provisions respecting trust ownership of land
for the Houlton Band;
and that the proposed language presupposes
a jurisdictional relationship between the State and the Band with
respect -to such lands which should be resolved through negotiations.
Specifically the State objects to inclusion of the Maliseet
lands within the framework of the
Federal~State
Act relating to
condemnation of tribal trust lands and they object to the concept
that lands held by the United States for
the Maliseets should be
immune from levy or attachment and forced sale by judgment creditors.
Their contention is that this arrangement was satisfactory as the
Passamaquoddy and Penobscot lands because of the provisions in Sec.
6(d)(2) which authorizes payment of judgment creditors from income
earned from the trust funds of those two tribes,
There is no
similar trust fund for the Maliseets.
Immunity from taxation,
financial
encumb~ance, or alienation
without the consent of the United States and the tribe or band is
the very essence of the trust character.
impoverished,
The Houlton Band is
i t is small in numbers and has a dubious capacity for
financial management,
it has no trust fund to look to,
and it is
doubtful if the land to be acquired will be utilized in an income
�producing fashion at least in the foreseeable future,
Given
the position of the State, it is difficult to see how any
arrangements can be negotiated with the Band which will not
contradict the trust status of the asset.
that in the absence of such a
And yet it is clear
trust status the lands will
quickly pass out of the Band's ownership.
The State is willing to enter into negotiations with
the Band with the end in mind that the United States will
acquire
land
on behalf of the Band which will be held
in trust with restrictions against alienation no less protective
than that provided in this Act for
lands acquired in trust for
the Passamaquoddy Tribe and Penobscot Nation.
Such negotiations
should address the concerns of the State regarding application
of State condemnation laws and provision for satisfaction of
judgment creditors.
Resolution of this issue must be subject
to enactment of appropriate enabling legislation by the Maine
State legislature.
By the terms of this Act the land claims of the Houlton
Band of Maliseet Indians are extinguished and the Band and its
members and any lands which they now own or may acquire are placed
under the jurisdiction of the State.
There is no monetary
sation to the Band from either State or Federal sources.
compen~
The
$900,000 allotted for the acquisition of property for the Band
land acquisition
was set aside for them out of the portiion of the/funds agreed to
to be allocated to the Passamaquoddy Tribe and Penobscot Nation,
The monetary contribution to the Band is
Tribe and Nation.
thus derived from the
The Maine Implementing Act
accord the Band any governmental status.
extend to the Band Federal recognition.
does~not
The Federal Act does
thus making the Band and
�The only thing the Band acquires by virtue of this
settlement and the extinguishment of their claims is Federal
recognition as an Indian tribe,
thus making the Band and its
members eligible for Federal benefits extended to Indians.
From the State they get nothing.
get recognition.
From the United States they
This is not adequate compensation for the
It is the intent of this
extinguishment of their claims,
the
section to provide/Band and the State an opportunity to resolve
this land acquisition matter in a manner acceptable to both
sides with full participation of the Maine State legislature.
It is also the intent of this section that land shall be acquired
for the Houlton Band of Maliseet Indians as promised in this
Act.
To be sure that this promise is fulfilled, this section
on the status of negotiations
provides that the Secretary shall file a report/with the Congress
within six months.
�Solution to Problem 5.
Sec.
5(k).
The Secretary is authorized and directed
to enter into negotiations with the State of Maine and the
Houlton Band of Maliseet Indians for purposes of identifying
and acquiring lands or natural resources which shall be held by
the United States on behalf of the Houlton,B~nd of Maliseet Indians
in trust with restrictions against taxation,
encumb~ance
or alienation no less protective than that provided by this Act
for land to be acquired in trust for
and the Penobscot Nation,
(i)
provided,
the Passamaquoddy Tribe
the provisions in subsection
of this section relating to condemnation for public purposes
shall not be applicable to any such lands unless otherwise
agreed by the parties,
provided further,
that the Passamaquoddy
e~~
Tribe and the Penobscot Nation shall have a
one~half
undivided
reversionary interest in any such property in the event the
Houlton Band of Maliseet Indians should terminate their interest
in the land,
and,
provided
fur~?~)
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.
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
within 180 days from the date of enactment of this Act.
�
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William S. Cohen Papers
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UMAINE002
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Memo to Senator William S. Cohen from Timothy Woodcock concerning issues the State of Maine was having with several provisions (09/05/1980)
Date
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9/5/1980
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William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 8, Folder 1
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English
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes courtesy of Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine. Prior permission is required for any commercial use.
1723
1725(h)
1735(b)
Application of State Law
Extinguishment of Claims
Jurisdiction
Maliseet
Senator William S. Cohen
Timothy Woodcock
-
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PDF Text
Text
-
~·\,:.\
·-·-- .... ·- ·-
··.
SUMMARY OF MAJOR PROVISIONS
s.
"\
2829 provides congressi~nal implementation and
ratification of the terms of the settlement negotiated among
the parties; i.e., the Passamaquoddy Tribe, the Penobscot Nation,
the Houlton Band of Maliseet Indians, the State of Maine, the
private owners of large tracts of land~ and the United States.
Secti9n 4 of the bill provides for the extinguishment of the land
claims of the . Passamaquoddy Tribe, the Penobscot Nation, and th.e
Houlton Band of Maliseet Indians in the State of Maine, including
damage claims associated-with these land claims, upon appropriation
of $81.5 million to implement the provisions of Section 5 of this
Act.
,
Section 5 provides that the United States will establish
a Maine Indian Claims Settlement Fund, into which will be deposited
$27 million, which the bill authorizes to be appropriated:
$13,500,000 of this fund will be held for the benefit of the
Passamaquoddy Tribe, and $13,500,000 of this fund would be held
for the Penobscot Nation.
The fund would be administered in ac-
cordance with reasonable terms put forth by the respective tribe
.
- -.
or nation and ~greed to . by the Secretary of the Interior.
The settlement also provides that the Passamaquoddy Tribe
and the Penobscot Nation will retain as reservations those lands
and natural resources which were reserved to them in their treaties with Massachusetts and not subsequently transferred by them.
The United States also agreed in its Memorandum of Understa~ding
with the Passamaquoddy Tribe and Penobscot Nation, dated February
10, 1978, that the tribes shall be eligible to receive all federal
Indian services and benefits to the same extent and subj~ct to the
�..
.
J;.
same eligibility criteria as other federally recognized tribes .
The Tribes' agreement with the State of Maine includes various
other guarantees concerning juris~ictional matters and entitlement to state services.
In addit~on, Section 5 provides that the United States
will also establish the Maine Indian Lands Acquisition Fund, into
which will be credited $54,500,000, which the bill authorizes to
be appropriated.
It is expected that this amount of money will
be sufficient to acquire 150,000 acres of private lands for the
Passamaquoddy Tribe, 150,000 acres for the Penobscot Nation, and
5,000 acres for the Houlton Band of Maliseet Indians.
These lands
will be held by the United States in trust for the three tribes
,
subject to restraints on alienation except as specified in Section
5.
Acquisition of lands for the Houlton Band of Malise'et Indians
is deferred pending negotiation with the State on their location
and other matters of concern to the parties.
Section 6 governs the application of the laws of the State
of Maine .to persons and property within the Indian Territories.
Subsection (e) . adopts and ratifies the Maine Implementing Act and
.
- -.
provides that the State may amend the provisions of that Act only
with the prior consent of the Passamaquoddy Trib~ and Penobscot . Nation.
The Maine Implementing Act sets ~orth the terms of agree- · · --
ment between the Tribe and Nation with the State of Maine with
respect to the jurisdiction of the Tribe, the Nation, and the
State, and the legal status of these Tribes under State law.
Essentially, the Maine Implementing Act accords the
Passamaquoddy Tribe and Penobscot Nation the status of a municipality und~r State law; it provides for the application of State
�.•
''
L
law to persons and property within the Penobscot Indian Territory
and the Passamaquoddy · Indian Terri~ory; it provides for the Tribes
to make payments in lieu qf taxes on real and personal property
within the Indian territory; it provides that the Tribe and Nation
will adopt certain laws · of the State as their own but the independent legal status of the Tribes under Fe_ eral law is .recognized; it
d
establishes the authority of the Tribe and Nation to enact ordinances applicable to all persons within the Indian territory; it
provides that the State shall enforce tribal ordinances as to offenses by non-members or · offenses by members committed within
either reservation where the potential penalty exceeds imprisonment for six months or a fine of $500.00; it reserves to the, Tribe
or Nation exclusive authority over internal tribal matters, jurisdiction over minor offenses and juvenile offenses committed by
members within either reservation, .and reserves to the Tribes
small claims civil jurisdiction and matters of domestic relations
including support and child welfare · involving their own members.
To facilitate implementation of the Maine Act, Sec. 6(d)
p~ovide-s that the Passamaquoddy Tribe, Penobscot Nation, and the
Haul ton Band · of Maliseet Indians, and their members may, .. subj ~c'!:
to the limitation o~ internal affairs contained in Sec. 6206(1)- - .
of the Maine Implementing Act, sue and be sued in State and
Federal courts the same as ·any other _person . or- e?ti ty, proyft.ded
that principles of immunity applicable to municipalities in the
State of Maine are equally applicable to the Tribe and the Nation
when acting in their governmental capacities.
Since the trust
and restricted lands and trust fund of the Tribe and Nation will
\
�be exempt from levy or attachment or from alienation, provision
is made for payment by the Secret~ry of income from the Trust
\
Settlement Fund in satisfaction of valid, final orders of the
courts.
The trust and restricted lands of the Band will also,
when acquired_ be exempt from levy or attachment or from alien,
ation.
Section S(d) (4) provides that the State and the Band
shall enter negotiations following the enactment of this Act to
seek a method by which the Band may satisfy obligations which it
may incur.
Section 6 provides that the general laws of the United
States which are applicable to Indians because of their status
as Indians are applicable to the Passamaquoddy Tribe, the Penobscot
,
Nation, and the Houlton Band of Maliseet Indians, except that no
such law which affects or preempts the laws of the State of Maine
shall be applicable.
The Tribe, Nation, and Band are specifically
recognized as eligible to receive benefits provided by the United
States to Indians because of their status as Indians.
Section 7 authorizes but does not compel the Passamaquoddy
Tribe~-the Penobscot Nation, and the Houlton Band of Maliseets to
adopt organizational_ documents and f_ile same with the Secreta~y.
·
Section 8 provides for the implementation of the Indian Child Welfare Act of 1978 by the Tribes •. ..
Section 9 provides that · payments _
made - to the Tribe_, Nati9n_
,
or Band under this Act shall not be considered by Federal agencies
in determining or computing the eligibility of the State of Maine
for participation in Federal financial aid programs.
It further
provides that tribal eligibility for receipt of payments from the
State of Maine shall not be considered by Federal agencies in
�..
determining eligibility of the Tribes or their members to parti-
_\
cipate in Federal programs except that where eligibility for
benefits is ·dependent upon a showing of need a Federal agency
will not be barred from considering the actual financial situation
of the ~pplicant . . Finally, the availability of funds or distribution of funds from the Settlement Fund established-under Section.
5 of this Act shall not be considered as income or resources for
purposes of ·denying or reducing Federal financial ,assistance or other Federal benefits to which the Passamaquoddy Tribe or
Penobscot Nation or ·their · members would otherwise be entitled.
Section 10 provides for a deferral or capital gains for
private property owners transferring lands to the United Staues
under this Act by providing. that such transfers of land shall be
deemed involuntary conversions within the meaning of Section 1033
of the Internal Revenue Code of 1954, as amended,
Section 11 provides for the transfer of tribal trust funds
from the State of Maine to the Secretary of the Interior.
Section 12 provides for the general discharge of the State
of.Maio~. from existing or further claims.
-
Section 13 provides that this Act shall not be construedas conferring jurisdiction upon any Indian, Indian tribe or band,
to sue the United States_ except as provi~ed in· this Act~
Section 14 authorizes the appropriation of $81.5 million .
to implement the provisions of Section 5.
Section 15 provides that if the extinguishment provisions
of Section 4 are held invalid, then the entire Act shall be invalidated,
�--.\
SECTION-BY-SECTION ANALYSIS
Section 1.
Short Title.
Sec. 1 provides that the Act may be cited as the "Maine
Indian Claims Settlement Act of 1980."
Section 2.
Congressional Findings and Declaration of Policy.
Sec. 2(a) (1) describes the basis of the claim the
Passamaquoddy Tribe, Penobscot Nation, and the Hou~ton Band of
Maliseet Indians have raised against the State of Maine and private landwoners owning land in certain areas ·of the State of
Maine.
Subsections 2(a) (3) through (6) find that the Passamaquoddy
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet,
Indians are the sole successors of those aboriginal entities that
once exercised or claimed aboriginal rights of use and occupancy
over certain lands located in the State of Maine.
Subsection 2(a) (7) finds that other tribes, nations, or
bands which may once have held aboriginal title within the State
of Maine have long ago abandoned their holdings.
-S.ubsection 2 (a) (8) refers
'l:<? _the
_
Maine Implementing Act
which -was passed ·by· the- Maine State Legislature on Apri·l·· 3, -1980, _·
and embodies various . jurisdictional agreements between the parties.
Subsection 2 (aL{9) m~k~s ~~~_
ding with respect to contri- :·
butions the State of Maine has made to .the welfare of the three ·
Tribes since 1820.
According to recent court decisions, Maine
was never required to make these contributions and, in light of
these decisions, the State of Maine is not being required to make
further direct financial contributions to this settlement.
�Section 3.
--.\
.
Definitions.
Sec. 3 contains definitions of terms used throughout the
Claims Settlement Act.
Of particular importance, among these
definitions are:
Subsections (1),. (8), and (11) define the Tribes participating in this settlement.
They state that the Tribes are now
represented by certain governing bodies and that they are the
successors in interest to those aboriginal entities which once
exercised or claimed aboriginal rights of use and occupancy over
certain areas of the State of Maine.
Subsection (2) defines "land or natural resources."
This
term is to be interpreted consistent with the term "land and,
other natural resources" in the Maine Implementing Act.
Subsection (7) and {9) define the terms Penobscot Indian
Territory and Pass~maquoddy Indian _
Territory by reference to the
definition of these terms contained in the Maine Implementing Act.
The Maine Act specifically describes approximately 400,000 acres .
of land within_ the State from which the Secretary of the Interior
rn~y a~c:i.1:1ire 150,000 . acres on behalf of the Pass·amaquoddy Tribe
and the Penobscot Nation respectively.
Upon th_ ir selection..·ande
acquisition, such land, t~gether with the Tribes' existing reservations, will become the ~Territory"·of _ the respective Tribe -or
Nation.
Subsection (14} defines the word "transfer."
It is intended
to have a comprehensive meaning and to cover all conceivable
events and circumstances under which title, possession, dominion,
or control of land or natural resources can pass from one person
or group of person_ to . the control of another person or group of
persons.
�Section 4.
Approval of Prior Transfer and Extinguishment of
Title and Claims of the Passamaquoddy Tribe, the Penobscot Nation,
the Houlton Band of Maliseet Indians, and Any Other Indians, or
Tribe or Band of Indians Within the State of Maine.
Section 4 consists of three subsections.
Subsection 4(a) (1) provides Cong~essional app~oval and
ratification of all prior transfer of land or natural resources
located anywhere in the United States by or on behalf of the
Passamaquoddy Tribe, Penobscot Nation, or Houlton Band of Maliseet
Indians, and of all prior transfers of la.nd or natural resources
located in Maine by or on behalf of any other Indian, Indian nation,
or tribe or band of Indians, and specifies that all such transfers,
,
including transfers made ·pursuant to any treaty, compact; or
statute of any state shall be deemed to have been made in accordance with all laws of the United States, including specifically
the Trade and Intercourse Act~
Such approval of these prior con-
veyances will remove the cloud of Indian claims against all
present-day landowners in Maine who...trace ·their titles back to
t~e tr~osfer ,being_ app~oved.
I~_ is-tpe opinion· o~ the Department
of the Interior this ·-language, taken t~gether wi :th the language ·
contained in . subse9tions_ 4_
(b) and (c) , will _effectively and com~_
pletely exti~guish the Maine Indian land claims and all related <_
tribal claims that may have_ arisen pr~or_·to the date of- enactment
of the legislation.
0
-
The proviso to subsection 4(a) (1) ensures
that the personal claims of individual Indians (other than Federal
corrunon law fraud claims) that are based on laws of general appiicability that protect non-Indians as well as Indians are not effected
�...
by the language of subsection 4{a) (1).
-~ -
Thus, any claim by an
individual Indian that might be a~serted by a non-Indian under
generally applicable Federal or state law is not intended to be
extinguished and may be brought under the same conditions and
limitations as would apply if a non-Indian brought a similar
claim.
Subsection 4 {a) ·(2) bars the United States from asserting
any claims based on the transfer of land or natural resources by
treaty, compact, or other device or event which may have occurred
in violation of Maine State law.
Subsection 4(a) (3) bars the United States from asserting
any individual claims arising from violation of State law prjor
to December 1, 1873.
Subsection 4(b) makes clear that the approval of transfers
of land or natural resources effected by subsection 4(a) (1) effects
an extinguishment of any aboriginal title that may have existed
or may have been claimed with respect to such land or natural resources.
- _Subsection 4{c) extinguishes all claims f9r damages by the
Maine Tribes· or their members ?tristng from the allegedly: illegal~·use and occupancy of the land since the transfer_~ere effe~ted.
Subsection 4(d) _provides that the extinguishing and barri~g _:
provisions shall take effect-_immediat~ly upon the app!opriation of _:.
the funds necessary to implement Section 5 of the Act.
It also
provides that, once the funds are credited to the Land Acquisition
Fund and the Settlement Fund, the Secretary shall publish a notice
to that effect in the Federal Register.
\
�Section 5.
-.\
.
Establishment of Funds.
Section 5 consists of 10 subsections.
Subsection S(a) establishes a Settlement Fund for the
benefit of the Penobscot Nation and Passamaquoddy Tribe in the
amount of $27 million, $13.5 million to be held in separate accounts for each tribe_ respectively.
Subsection S(b) describes the manner in which the Settlement
Fund shall be allocated and how it shall be managed.
The principal
of the fund shall in no event be distributed to the Passamaquoddy
Tribe or Penobscot Nation or any individual members of those
Tribes.
The Secretary of the Interior is protected . from unwarranted
liability in administering the settlement trust fund in subs~ctions
5 (b) (.1) and (3).
The Settlement Fund will be divided into two equal shares,
one to be held in trust by the Secr~tary for the benefit of the
Passamaquoddy Tribe and the other to be held in trust by the
Secre~ary for the benefit of the Penobscot Nation.
The Secretary
will invest and administer each · share in accordance with terms
_applic~~~e to it as established by the Passamaquoddy Tribe or the
-
·-
_Penob~cot Nation, as ·the case may be,- and a_greed to·by the Secretary.
The Secretary is obligated to agree to any reasonable terms for
·investment and administration proposed by_ such- Tribe or- Nation. ·· ·
~Such terms need not be -the same £or each..
The standard of reason~ - :-=
ableness as applied to the terms of investment and administration
should be determined by reference to standards by which endowment
funds are invested and administered in the United States in accordance with standards set forth in· ·.the Man~gement of Institutional
Funds Act.
�It is not intended that the Secretary or the Department
of the Interior would necessarily _
make the investment decisions
or carry them out.
It might be reasonable, for example, for the
Passamaquoddy Tribe or the Penobscot Nation to establish an investment committee and charge i t with responsibility for (A)
setting investment policies;
·
(B) selec~ing one or more professional
investment managers to carry out those policies;
{C) monitoring
both the policies and the managers; and ·(o) effecting changes in
policies and managers from time to. time as circumstances and experience may warrant.
The committee might include, in addition
to tribal members, representatives of the Secretary and persons
experienced in the management of endowments, including, in particular, the establishment of policies and the selection of
investment ~anagers.
Subsection 5 (c) establishes .a Land Acquisition Fund in the
amount of $54.S million.
Subsection S(d) provides that the monies in the Land
Acquisition Fund shall only be used to acquire land or natural
rEtsour_c~s for:the · .tribes and provides that it shall be apportioned
as follows: - . Passamaquoddy Tribe, : $26. ·a. million; Penobsco_ . Nation.,~
t
$26.8 million; Houlton Band of Maliseet - Indians, . $909,000. _ The .
$900,000 allocated. for land_ acquisition for the Houlton Band -of
Maliseet Indians ~s derived from ~land ~cquisition . funds originally
agreed to be provided the Passamaquoddy Tribe and Penobscot Nation.
For this reason, the Tribe and Nation are given a one-half undivided reversionary interest in any trust property acquired by
the United States on behalf of the Band, now or in future transfer
--
acquisitions, out - of these funds.
The_r~versionary_inter~s~ . ~~all
�not attach to any one piece of land, but rather follows the
trust.-.\
In the event the Houlton Band shall terminate its interest in the
trust property or the trust should terminate, then the corpus of
the trust will revert to the Passamaquoddy Tribe and the Penobscot
Nation.
Subsection S(d) (4) has been agreE:d to by the ~enobscot
Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet
Indians, the State of Maine, and the Administration.
The Houlton
Band remains concerned, however, about the provisions of Section
5 requiring that it reach agreement with the State securing the
performance of obligations, both public and private, that it may
incur after the enactment of this Act.
The basis for this con,
cern is that since, at present, the Band has no assets other than
the lands which will be acquired for it under this Act, it may
prove difficult to fully satisfy the State's concern over the
satisfaction of future obligations incurred by the Band and the
Band's ability to meet payments in lieu of property taxes or
other fees imposed under State law.
Thus, · the Band is concerned.
that if _it and the State fail to resolve these ~uestions, the ·- State may unreasonably _withhold ·its consent to_ the- acquisition " -.;-:.:-:_ = :- ~ ·.
--·
of trust land for · the Band.-- In that event,.:. the ~and' s claim _will ·:·:_:. :.__:_ ~- ~
...have been extinguished wit;tiout it havi~g--received· · the- cornpensati~:m -~ _-.-..
·con temp lated -for _t- by.~this Act • .
i
It is the purpose of this Act to settle all Indian land
claims in Maine fairly.
small in numbers, it has
The Houlton Band is impoverished, i t is
no trust fund to look to, and it is
questionable whether the land to be acquired for i t will be
J~:- -utilized. in an income-producing _
-fashion in t:qe _forseeable future· =-
�--.\
Inununity from taxation, · financial encumbrance or alienation without
the consent of the United States is the very essence of the trust
character.
It is recognized that acquiring land for the Band, in
a location satisfactory to both the Band and the State, and not
at the same time providing protection against the alienation of
that land, would create a substantial risk that the land would
fall into private hands.
In extinguishing the claims of the Band
and in appropriating the monies for the acquisition of land to
compensate the Band for its land claims within the State of Maine,
it is the intent of the Committee that this does not occur.
For,
should the land which is intended to constitute satisfaction of
the Band's legal claims come into the possession of a third party,
the intent of this Act in this regard will have been defeated.
Under no circumstances should the inability of the State and the
Houlton Band to reach agreement on these issues in any way result
in the diminution, diminishment, or weakening of those restraints
on alienation necessary to ensure that, once the land is acquired,
it will remain held for the benefit of the Houlton · Band.
In .some·
respects, of course, this requires the State to-~gree that lands·
•
-
-
•
a
•
~
to be acquired for the Houlton Band will be exempt~from some state
laws such as those laws providing for levy and sale of lands for
non-payment of - taxes or satisfaction of judgments.
The Committee.
also recognizes the . ~egitimate interest of the State in seeking
to assure that the-obligations of the Band will be met and that
fees and in-lieu payments due the State are paid.
Congress has a continuing interest in the progress of the
negotiation of the issues which have been described above.
The
�\
Committee expects that _both the State and the Band will work
diligently and conscientiously to d~vise practical arrangements
to resolve them.
Consequently, this Conunittee will monitor the
negotiations to ensure to its·satisfaction that the parties have
met these standards.
Subsection S(e) empowers the Sec~etary to per~ect title
to the land acquired through normal condemnation procedures provided the owner of the land has agreed upon the identity, purcha~e
price, and other terms of purchase, or valuation.
The Secretary
is limited in his ability· to acquire land or natural resources
for any Indians or Indian Tribes in Maine to the authorities provided in this Act.
,
Subsection 5(f) would prohibit the Secretary from expending
any sums for the benefit of the Penobscot Nation, the Houlton Band
of Maliseet Indians, or the Passamaquoddy Tribe either from the
Settlement Fund or the Land Acquisition Fund until he determines
that the Tribes have executed appropriate documents relinquishing
all claims covered by this_Act.
-Subsection 5(g) (1) _provides that the Non~Intercourse_Act
..:.
(R. S" 2115, 25 U.S. C..
§_
177) shall not apply to any_ ;tn~ian, ·!indian .. -: ·
Nation, tribe, or band of Indians, including the Passamaquoddy _Trib~,
-;the Penobscot _Nation, and the Houlton _Band of Maliseet · Indians., :.
.
I
:or
to
~
:- ~- · : · ·
any land$ hel_d by or in trust for any Ind.:j.an,. or any _Indian -___ ~. ..
Nation, tribe or band of Indians.
Subsection S(g) (2) provides that all land acquired for the
Passamaquoddy Tribe or Penobscot Nation which falls within the
bounds of their reservations or is included within the Indian
- . .:.~Territory of -either tribe shall - be S':!_bj_
~ct to a restra:t._rit aga~ns~
:
�\
alienation which is comparable in character to the restraints in
R.S. 2115, 25
u.s.c .
§ 177.
See discussion under Subsection
6 (b) ( 1) ..
Subsection 5(g) (3) permits the lands and natural resources
within the Passamaquoddy and Penobs_
cot Indian Territory and lands
held in trust for the Houlton Band of Maliseet Indians to be used
in certain ways or conveyed under certain circumstances, pursuant
to established federal law governing Indian trust lands.
Subclause
(E) of that section establishes the right to exchange parcels of
land within Indian Territory for land or near equal value.
This
provision closely tracks the language of the Federal Land Policy
and Management Act (43 U.S.C .. § 1716).
Subclause (F) of subs,ection
S(g) (3) requires that the Secretary locate ·a willing seller of
land and effect a contract or option with him before selling any
land within Indian Territory.
Subsection S(h) permits the Secretary and the Penobscot
Nation and Passamaquoddy Tribe to set the terms under which the
land acquired under this Act shall be administered;
_ Subsection 5(i) (1) provides that trust land held for the
benefit of the_ Passamaquoddy Tribe and_Penobscot Nation may be
_taken for public uses . under State law as provided in the Maine
Implementing Act.. . Section 6 2 0 5 of the Maine --Implementing -Act -
,;.
•
0
I
:provides a _procedure of: acre .f or acre--~ornpensation -:for ·_taking
of reservation land.
Subsection S(i) (2) provides generally that the State of
Maine is able to condemn land held by the tribes in Indian Territory as provided in the Maine Implementing Act.
Monetary
----- compensati.on for a . ~aking of lands in Indian Ter~~to~y . sha_ ~e. ___
~l_
_
- _-:::
• •
::
•
�...
..
reinvested through the Land Acquisition Fund.
\
Subsection S(i) (3) provides that in the event of a taking
of trust or restricted lands within the Indian Territory the
United States shall be a necessary party to any proceeding.
This
subsection requires an exhaustion of the administrative process
of condemnation as provided by State law.
Upon appeal to the
courts of the State of ·Maine, the United States shall have an
absolute right of removal, at its discretion, to the courts of
the United States.
Subsection S(j) provides that, irt the ev~nt land held for
the benefit of any of the three Tribes is condemned under federal
law, the cornpensation·received for the land taken shall be r~invested through the Land Acquisition Fund.
Section 6.
Application of State Laws.
Section 6 has eight -subsections.
Subsection 6'(a) provides that except for the Passamaquoddy
Tribe, Penobscot Nation, and their members all Indians, . Indian
Nations, tribes or bands =Of Indians and their lands or natural
~resource·s, -shall be subject to the laws of - the State-of Maine • .: ::.
!
•
.However, Section 5 (d) ( 4) requires negotiations between the Haul ton _·,·."'" . · ~
:
Band of Maliseet Indians and the =-.State which among other· .things -:..: --~:::--.:.:.:::.:.·
will result . in · tru~t - restrictions _being.-placed- on_ land ,: to -be ac~-~..:-· ~-,~ ~ quired for the Band, and -this .: will ·· necessarily entail- some exception ·- -.-·
to the application of the laws of the State.
In addition, Section
6(e) (2) authorizes compacts or agreements between the State and
the Band which may effect their jurisdictional relationship.
Finall¥, Section 8(e) provides that the provisions of the Indian
\
!
�Child Welfare Act of 1978 shall be applicable to the Houlton
and its members, but this shall not oust the State from its underlying jurisdiction over ·child welfare matters.
Subsection 6(b) (1) provides that the Passamaquoddy Tribe,
the Penobscot Nation, their members and their lands and natural
resources which are held by the United States in trust for them,
or which are held by them subject to a restriction against alienation, or which are held in fee by the Tribe or Nation or their
members shall be subject to the jurisdiction of the State to the
extent and in the manner provided in the Maine Implementing Act.
The jurisdiction which the State may exercise over the trust
lands or natural resources of the Tribe or Nation is limited , by
Section S(d) (4) and S(g) (2) of this Act.
Maine law
cannot
The application of
jeopardi·z e or impair the clear title of the
United States to the trust lands held on behalf of the Tribes
or obligate the United States to pay taxes or fees except as provided in subsection 6(d) (2).
Nor can it jeopardize or impair
interests- of the. tribes in their restricted property .• ... Section.
6 ~ 0 8 o.f _. the Maine Implementing ~ct specifically exemp~s all. ·. . · .;_·._: ~real or personal _ property o( the Tribes within · Indian. Territory·,
_
including restricted and trust lands of the three )1aine Tribes 1
.
_=-
~~
·- - · ·· - ~
· ·
from taxation.
Provision is-made _for. payments - by the - tribes in lieu· of~ :
taxes and Section 6 (d) (2) of this Act provides a means for pay ... .·_ _:_ · _
rnent of such in-lieu obligations from income from the Settlement
Fund in the event of default.
Section S(g) (2) of this Act spe-
cifically prohibits alienation of tribal. trust or restricted
- ~~
lands except _as p~ovi~ed i~ _Se~tion . 5(g){3).
This .. .restriction is
. .
:
...
- ..
~
�~
comparable to 25
u.s.c.
§
177 which it replaces.
Section S(g) (2)
\
specifically states that any transfer of lands or natural resources outside the terms of this Act "shall be void ab initio".
This effectively exempts these trust or restricted lands from any
financial encumbrance which could cloud title and bri~g about
forced sales, or alienation, including, for example, . tax or commercial liens or attachments.
Laws of the State such as adverse
possession or creditors liens are not applicable to these trust
or restricted lands or natural resources.
On the other hand, state law, including but not limited to
laws regulating land use or ·man~gement, conservation and environmental protection are fully applicable as provided in this S~ction
and Section 6204 of the Maine Implementing Act.
That regulation
of land or natural resources may diminish or restrict maximization
of income or value is not considered a financial encumbrance,
and is not barred from application under this Act.
Subsection 6 (b) ("2) _
provides that funds appropriated for
the benefit . of Indian people or for ·-~-~e administration of Indian .
aff air_s _.may be uti~ized by the Passamaquoddy. Tribe . and. the Penobscot
Nation to match · state funds which·"' l _
~ws ~o;f ~ :the ~tate :required -: to b~
_
raised by local or municipal gover~~- -~-~·:-:·~~~--~condit~on ._ receiv~ rito.
_ .:_..:::__;
;. . . .·.~
~ -:;-
_. __
ing State financial assistance. ~ · Utilization·: of · these . funds and-· - .::._ ·- ;-: ·=- -
- ·
==....
-
:.•
~
-
·:
. ..
· --
restrictions on- the .. am~unt of the- Stat~ -contribution are . governed-~ _
by Section 6211 of the Maine Implementing Act. · The impact of_
Section 6211 on provision of Federal funding was the subject of
intense scrutiny by this Committee.
The exact manner in which
this section of the state Act will apply -is set forth in this re- . - .port in the section entitled ·~~na~~~~~-=-~~t--~~~- Maine __ Implementing··.:_ ..
Act".
�Insofar as general Federal law is concerned, it is the
intent of this subsection of this Act that Federal funds used by
the Tribe o~ Nation as local matching funds shall be considered
as local funds for purposes of any maintenance of effort requirements imposed by Federal law or regulation.
An example of such a
Federal statute requiring "maintenance of effort" is Title IV of
the Indian Education Act, 20
u.s.c.
§
24lee(6).
In addition, to the extent that the State of Maine or a
political subdivision or instrumentality of the State which seeks
a tax, fee, or payment in- lieu of taxes· from a tribe, provides
services to such tribe which the Federal government would otherwise provide pursuant to Section 6(i), such tribe will be ent~tled
to use Federal funds, consistent with the purpose for which they
are appropriated, to pay all or part of any such tax, fee, or payment in lieu of taxes.
For example, Federal funds could be used
to pay the Maine Forest District tax pursuant to which the State
provides fire protection and fire suppression services for woodlands.
To this extent, utilization of Federal funds . for payment
of sue~ -~ax or fee should be no . different from the use by another ~
.
tribe of similar funds under:the ~ Indian Self-Determination . and-:~-~
Education Assistance Act _ (Act-·· of Jan .. - 4, 1975;-=.88 Stat~: 2203) for
purposes of_ subcontracting· such services.- from a· state,. .-: -:.. ·-· ..-.. ~
:
.
Subsection 6 (b) (3) -~-s
~
· ~ayings clause to make clear that
the provisions of this Act shall not be construed as superseding
any Federal statutes or regulations governing the provision or
funding of services or benefits to any person or entity in the
State of Maine except as expressly provided in this Act.
\
�\
Subsection 6(b) (4) directs the Secretary of the Interior
to submit no later than October 30, 1982, to the appropriate
committees. having jurisdiction over Indian affairs a report on
the Federal and State funding provided the Passamaquoddy Tribe
and Penobscot Nation.
This provision is needed because of the
eligibility of th~ Tribe and Nation to · participate a~ municipalities under the Maine Implementing Act.
The relationship created
by this eligibility and the provisions of Section 6211 of the
Maine Implementing Act are unique.
The purpose of this subsection
is to assure . a full review by the appropriate Federal agencies
and the Congress of the Federal and State funding efforts in comparison to Federal and State funding efforts in other states.,
Subsection 6"(c) provides that the Federal government is
barred from asserting criminal jurisdiction based on federal
statutes pertaining to Indian offenses in the State of ·Maine.
This avoids problems of concurrent State and Federal jurisdiction.
Subsection 6(d) (1) establishes that the Penobscot Nation,
the Passamaquoddy Tribe, and the Houlton Band of Maliseet Indians .
;111ay sue _.i:md bTe sued in the State of .Maine and_ ·in the courts of
'the United States-just: as any· person or eptity within:the State~-.
might sue or be sued .to the extent permitted in __the Maine Imple=--=- ·.
,menting Act.- .. The_ Penobscot Nation · and Passamaquoddy Tribe are_
:-: _ ·. . .
..:.:
~acknowledged to he-immune . from suit_ wh~n-. they or . their officers::~.
are acti~g in their_ governmental capacity to the same extent that
municipalities and their officers are immune from suit within the
State of Maine.
-----
�.
..
Subsection 6(d) (2) provides that, notwithstanding any
\
provision of the Anti-Assignment Act, the Secretary of the
Interior is empowered to take notice of valid judgments against
the Penobscot Nation and Passamaquoddy Tribe and to satisfy the
creditors with .the income received from the Settlement Fund,
once such judgments are final and the time for taking on appeal
has expired.
The Anti-Assignement {31
u.s.c.
§ 203) generally precludes
Federal officials from honoring an assignment of funds payable
by the United States to an ass~gnor.
Subsectiori 6(e) (1) permits the State of Maine and the
Penobscot Nation and the Passamaquoddy Tribe to enter into agreements amending the Maine Implementing Act.
A proviso in this
subsection limits the subject matter of those agreements to three
specific areas.
s.
This subsection is similar to the provisions of
1181 introduced in the 96th Congress, 1st Sess ••
It "authorizes"
agreements on jurisd~ctional issues between the State and the
Tribes.
I.t · does :· not-~ cons·titute Congressional: .:~'rat~fication" of
such future agreements nor-does it elevate such agreements to the-~.
~
-
-
-
Subsection 6 (e) ·.(2}. ~~~~-J?.dS._ t~~- authority ~ to enter ~nto ~--··- -~-~
agreements with .the State .of Maine to the Houlton Band ·of Maliseet--.::-~ -:;_.. ·
Indians over . jurisdictional: issues .; ,including -the' governmental - , >:.· . .-....: ..:.~;- . .:_ .
status of the Band under · laws of the State.
Until any such agree-
"\
ments is made with the Houlton Band, it and its members are subject
to all the laws of the State of Maine, except those from which
they will necessarily be except under Section S(d) (4).
...
�Subsection 6{f) recognizes the authority of the
Tribe and Penobscot Nation to exercise judicial powers as limited
by the Maine "Implementi~g Act.
The treatment of the Passamaquoddy Tribe and Penobscot
Nation in the Maine Implementing A(?t is original.
It is an in-
novative blend of cu~tomary state law respecting uni.t s of local
government coupled with a recognition of the independent source
of tribal authority, i.e., the inheren~ authority of a tribe
to be self-governi~g.
49
Santa Clara Pueblo v. Martinez, 436 U.S.
(1978) •.
Section 6206 of the Maine Implementing Act provides that
.
.
the Passamaquoddy Tribe and Penobscot Nation shall have all the
powers, immunities, and obligations of any municipality.under
state law; it obligates the Tribe and Nation to extend to nonmembers the services and benefits provided by them as municipalities; and it extends to the Tribe and Nation the same protections
and exposure that any municipality or municipal officials enjoy
with respec~ to suit· in the courts of the State or the United
States,
- -·
-·· ~-.: At the same·.- . time:, · Section-~
.£206 .~of __ the.~Maine .· Implementing :. ._~_:_· ~.: . -_
Act specifically. provides _that persons who_ are not . tribal members ·- · :
·shall not be.· entitled to vote in tribal- elections; it provides - ---· · ··
·. specific immunities - from state regulation of internal tribal
matters; and Section 6209 treats the judicial authority of the
Tribe and Nation on the premise that their courts are instrumentalities of the tribes as separate sovereigns.
Under the Maine Implementing Act, -the Tribe and Nation
- agree .to :. : a9opt the ,-..·l~ws_ of__ the _ State_. as their own.
Such adoptic;m
- .
�.
does not violate the principles of separate sovereignty~
identical in form, the laws are those of the tribes.
Though
Wauneka v.
Campbell, 22 Ariz. App. 287, 526 P.2d 1085 (C.A. 1974).
Under Section 6209 of the. Maine Implementing Act, procedures
in the courts of the tribes are to _be governed under Federal law,
not State law.
In addition, principles of double j~opardy and
collateral estoppel shall not apply as between the tribal and
State courts.
This is·entirely in keeping with the princ~ples
enunciated in U.S. v. Wheeler, 435 U.S. 313 (1978) describing the
relationship between tribal · courts and.Federal courts.
It is this separate and independent status . which this subsection recognizes.
,
Subsection 6(g) provides that the courts of the State of
Maine and the courts of the Penobscot Nation and Passamaquoddy
Tribe shall accord full faith and credit to the jud9111ents of the
courts of each other.
Subsection 6(h) provides that unless otherwise provided in
...
this Act, the_general . body. of_ Federal Indian · law ~pecially applicable "t:_o_.Indi~ns,. · ndian Nations, tribes or bands of-- Indians,
I
and Indian trust- lands·::.and .natural · resources ·_shall be applicable : ~:;< -::. ·
to the Passamaquoddy_ Tribe, the Penobscot Nation, and the Houlton·-:..... . - Band of Maliseet· Indians,_· their members .and their lands and - ---~ -~-: . .
..
natural resources ·, . within .the State ..of_ Maine·. _ However, the- appli- cation of such Federal· law is limited in that to the extent provisions of such Federal law would materially affect the application
of the laws of the State of Maine, such provisions of Federal
law or laws shall not be applicable.
... .
�Section 8 of this Act spcifically provides for application
\
of the Indian Child Welfare Act of 1978 and thus will not be affected by this subsection.
Nevertheless, for purposes of clarifi-
cation of this provision, the Indian Child Welfare Act provides
an example of provisions·· in .a Feder.~1 law which materially affects
the application of Maine State law and, but for the specific provisions in Section 8, would not be applicable within· the State of
Maine.
Aside from the jurisdictional provisions of that Act, the
Indian Child Welfare Act also imposes stringent evidentiary standards, requires new procedures, and provides substantive rights to
litigants which must be £allowed in · proceedings in the courts of
the states.
Under the provisions of subsection 6(h) of this foCt,
none of these provisions would be applicable in the State of Maine.
On the other hand, it is not the intent of this section to
bar application of Federal laws where the affect on application
of State law is periphe.ral and does not affect a matter in which
the State may have a substantial or material interest.
Subsection 6{i)~provides that the _Passamaquoddy · Tribe, · · -.. · - -- - ·- -·-·
.
thf? Penqbscot Nation,· and. the Houlton Band of Maliseet Indians-·'- ._
are £ederally_ recognize~ tribes._ and that., as such,:-they are eli~.~.- . ;;_-; · . gible to re~eive all· Federal_ benefits . which the Unitec;l_States.; . ~·· ---==--··--:-provides to__0th.er. Federally recognizefl . trip~~-.._
to.-the s~~::-:exte!l:t~~~ :·2 1..;_
'.and · ·s ubject:: - to same _ eligibili ty cri ter~a ·as-other_ Federal- recog-:.; · ·=.: ·
nized tribes.
Subsection 6(i) provides further that for . purposes
of federal taxation, . the Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseets shall be treated as other
federally recognized tribes and that their lands which are held
. ·-=.- -
in trust . or subject. to restric.t ions_. against_ alienatipn shall . be.·:,. -~.i---=-
·-=.:
�considered reservation land for federal tax purposes.
However,
any exernp~ ~9.n from federal tax law~ does not entitle the Tribes
to exemption from · payment of State taxes or, in the case of restricted or trust lands, , payments in lieu of taxes.
Section 7.
Tribal Organization.
Subsection 7(a) empowers, but does not require, the
Passamaquoddy Tribe; the Penobscot Nation, and the Houlton Band
of Maliseets to adopt an appropriate instrument t0 govern affairs
of the tribe.
Section 16 of the Indian Reorganization Act (IRA)
(Act of June 18, 1934, 48 Stat. 984), provides that any tribe
which has not voted to reject that Aet may, if it chooses, organize and adopt a constitution as provided in that Section.'
It does not appear that any of these tribes have voted ~o reject
this Act,
Consequently, they may choose to organize under
Section 16 of the IRA.
However, adoption of the IRA constitution
is not a prerequisite for federal recognition of a tribal government and the Tribe, Nation, and Band are riot, in this Section
of this Act, required to adopt such a constitution. _. Each must,
however,~~l~ with the Secretary a document descri?-l~g its or::...::~
ganizational structure.
~
.2
S'lihsection 7(b) limits participation in the Maine Indian
~
::
Claims Settlement Act by the Houlton Band of Malise.e.t _ Ind-ians
·=-==-=- to those Maliseet Indians who are citizens of the United States
or who, as of the date of this Act, are enrolled members of the
.Band.
Membership in the Band shall entitle members to benefits
available form the United States by virtue of federal recognition
of the Band.
It is recognized that some Band members still re-
tain their Canadian citizenship and as "status" Indians would be
�eligible to receive benefits from the government of Canada or its
political subdivisions.
'\
It is the. intent of the this section that
no Band member who is actually receiving benefits because of his
or her status as an Indian from a government in Canada shall be
entitl~d to receive benefits under Federal law which extends benefits to Federally recognized Indians because of their status as
Indians.
The
Band
is empowered to establish further criteria
to govern its membership, but this shall be subject to the ap'
proval of the Secretary.
Section 8.
Implementation of the Indian Child Welfare Act.
Subsection 8(a) authorizes the Penobscot Nation and the
,
Passamaquoddy Tribe to assume exclusive jurisdiction over Indian
child custody proceedings under the Indian Child Welfare Act of
1978 (Act of November 8, 1978; 92 Stat. 3069).
Subsection B(b) provides that the Secretary shall review
petitions for the assumption of jurisdiction over Indian child
custody proceedings-which are .made by the Penobscot Nation or
the Passamaquoddy - Tribe as provided in sections 108(b) and (c)
- -.
of the Indian Child Wel£are-Act. --~.- ·__ -~ _- __ _
/
~
The Committee notes that the· Penobscot Nation currently-· --,,_;_. - .,. - operates a tribal court-,-: that the-· Department of the· Interior .has . · '::,·_·: _._
_; established_· a -_court of ·Indian:.. Offenses £or_ the .Passamaquoddy. ~-~~ -:-:·--:= --~--.::-Tribe, and that both courts are currently exercising jurisdiction
over child welfare matters.
Subsection 8(b) is not intended to
affect the validity of any orders which are issued by these
courts prior to the enactment of the bill.
Nor is subsection
8(b) intended to interrupt the continued jurisdiction over child
welfare matters which is now exercised by these courts.
•
Section
�\
S(b) is included in anticipation of the possibility that either
the Passamaquoddy Tribe or the Penobscot Nation might choose to
file a petition under Section 108 of the Indian Child Welfare
Act in order to clariry its jurisdiction.
Subsection S(c} provides that where a court already has
jurisdiction in a proceeding involving an Indian child, this
section shall not affect the jurisdiction of such court.
Subsection
·a (d} provides that, for purposes of this section,
the reservations of the Passamaquoddy Tribe and Penobscot Nation
are reservations under section 4(10) of the Indian Child Welfare
Act.
Lands within the Indian territory of either tribe lying
outside either reservation are not considered part of the Tx-ibes'
reservations under that Act.
Subsection 8(e} provides that the Houlton Band of Maliseet
Indians is an Indian Tribe within the meaning of subsection 4(8}
of the Indian Child Welfare Act.
The proviso makes clear that
this subsection does not disturb the jurisdiction of the State of
Maine or its courts over child welfare.
(a) ,
Consequen_tly, subsections
C!=>L, and (d) . of Section 101 of the Indian Child Welfare Act
<::: .
are not applicable ±o_:the .Houlton Band.;· · ~
-Subsection 8 (e)-.-also -.re-:- - ___ ··-.
fers to subsection 6 (e) -(2) which authorizes future .agreements ._
·.·_
:=::-..;- · .,:--:-.
- between the State and the Band which may, by·-their_ ·terms, affect-'":·:..;·
·the jurisdiction- of the State_·and the . Band.
Section 9.
.,.:·
Effect of Payments to Passamaquoddy Tribe, Penobscot
Nation, and Houlton Band of Maliseet Indians.
Section 9 has three subsections.
Subsection 9(a) provides that the receipt of income by the
Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band
:
�.
of Maliseet Indians shall not be considered by any agency of the
federal government in determining the eligibility of the State of
Maine for federal financial assistance.
Subsection 9(b) provides that, the receipt of payments
from the State of Maine or the simple eligibility for payments
by the State of Maine by the Passamaquoddy Tribe and the Penobscot
Nation shall not be computed by the federal government in determining the eligibility of the Penobscot Nation and Passamaquoddy
Tribe or any of their members for federal assistance.
A proviso
to this subsection permits the federal ·agency to consider the
actual need of the applicant if the financial assistance is dependent on a showing of neeid.
,
Subsection 9 (c) provides that funds which are forthcoming
to the Tribes and their members under the terms of this Act are
not to be used to deny or reduce benefits to any Indian household or member of that household under any federally as·sisted .
housing program.
Funds available to the tribes under this Act
are also not to be used to deny or reduce federal~assistance or:
.. -
~--
-- benefits-·
~
~
~
to either tribe •
The provisions in this subsection are ~·
--~ - __ }:he ·same as the_ provisions contained._. in the Act of October 17, .>.:=< -~:- ·-= · ·
._
1975 (89 Stat. : 579) conveying submarginal lands to Indian tribes. :.· · .
-"Section 10 •.:-"'7Deferral of.-Capital Gains:.-:::-_:- ~-:-;-~~~::::: ~ 7 ..:=.· _ _..
-
.
_
Section 10 provides that landowners who are transferring-·
lands under this Act are authorized to treat those transfers as
involuntary conversions under section 1033 of the Internal Revenue
Code.
Section 1033 pennits landowners who have sustained a loss
of their property involuntarily to defer the capital gains tax
which would otherwise be due on whatever compensation they received
�"
.
.•
for the property lost for a period of three years.
If, duri~g
-.\
this period, the landowner invest in property which is "similar"
to that which he lost, he may apply the basis of the property lost
to the newly-acquired property apd need not pay the capital gains
tax until the newly-acquired property is sold.
If, on the other
hand, he fails to invest in similar property within the three year
period, he must amend the return he filed in the year he claimed
the section 1033 treatment and pay the capital gains tax which
would have fallen due in that year plus interest.
The provisions of . Section 10 of this Act are necessary to
achieve a fair settlement of claims.
An integral part of this
settlement is the participation of those who willingly transfer
,
their land to fulfill its terms.
Furthermore, but for the existence
of the claims of the Maine Tribes, many of the landowners participating in this settlement would not transfer their land at all.
In fact, the present option contracts on the lands which are to
be acquired through the Land Acquisition Fund established by
Section 5 of this Act are expressly conditioned on the.transfer .
of the land being treated as a Section 1033 event.·
Section 11 PE:E_t~!~~ _
_ a State trust fund now: operated--for_ · to
:o-the benefit-of the . Passamaquoddy Tribe and Penobscot Nation by . the .= ~~ State of Maine. ~ The moni~s in -this: Fund are.,:- by __ the . .<?perati9~.=~~"·~·- ·_- ·":_
·
-_
Section 11,- to be transferred to the Settlement Fund established.-~pursuant to Section S(b) of this Act.
The receipt of these funds
is inte~ded to effect a general release of claims wh~ch might
otherwise have been raised against the State of Maine or its officials regarding the administration of the State trust fund.
Once the Secretary receives the trust funds from t~e State, he is
�'
authorized and required to execute general releases of the State
\
of Maine and its officials from any claims which either tribe or
the United States might otherwise raise concerning the administration and management of the trµst.
Under the provisions of subsection S(f), the Secretary is
prohibited from expending any monies deposited in the Funds established by Section 5 until the appropriate officials of the three
Tribes have executed documents relinquishing all claims to the
extent provided in Sections 4, 11, and 12.
It is the intent of
this section that the Tribes will execute relinquishments of any
claims against the United State~ based on the acceptance of these
funds from the State.
Section 12.
Other Claims Discharged By This Act.
Section 12 releases the State of Maine from any obligations
it may have pursuant to any treaty or agreement with an Indian
nation or tribe, or band of Indians.
The court cases which the
United States has filed on behalf of the Penoqscot Nation and
Passamaqu~ddy Tribe against the State of Maine and which are pending·in the United States District Court -for the District of Maine
are specifically_ included herein._= Section 13 ~rovides__:that, except as provided in this Act, .
nothing in this Act shall. . be interpreted either as a jurisdictional- ~ _
act, or to confer jurisdiction to bring suit, or to represent the
implicit consent of the United States or its officers to be sued
by any Indian, Indian nation, or tribe or band of Indians if the
claims extinguished by this Act are the basis for such suit.
�r
Section 14 authorizes the appropriation of $81.5 million
to implement the provision of Section 5 of this Act.
Section 15.
Inseparability.
Section 15 provides that if any portion of Section 4, the
extinguishment section, is found to -be invalid, it is the intent
of Congress that the entire Act fail.
Should any other portion of
the bill be held invalid, however, it is the intent of the Congress
that the rest of the Act reamin in force.
Section 16.
Construction~
Subsection 16(a) simply provides that in the event of any
conflict between the provisions of this Act and the Maine Imple,
menting Act, the provisions of this Act shall govern.
Subsection 16(b) provides a rule of construction 'to govern
interpretation of Federal statute e~acted after the date of enactment of this Act.
Unless specifically made applicable within the
State of Maine, provisions of future Federal legislation enacted
for the benefit of Indians, _ndian Nations, t·ribes, or band~.- of
I
tnsiian$ ,_. or which. relat(;! to trust lands as natur·a1 resources, shall -
.
.
.·:,· _-pot be applicabl~ w_i_thin . _tp.e ~tate_
-.of: ,Ma,ine_ if such provisions ~---- :-- -~=·· .· -~ : would materially affect· or preempt the_ application of Maine State - :- law.
The term "materi.?tl af_ ect "· shall have the . ~aine meaning as
f
is provided . in Section 6{h)-of this Act. -
�
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National Congress of American Indians Records
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NMAI017
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Draft of a Portion of the Senate Report for the Maine Indian Claims Settlement Act: Summary of Major Provisions (of the Act) (Undated)
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Undated
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National Congress of American Indians Records
National Congress of American Indians records, Box 531, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “[Maine Indian Land Claims - General, II]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
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English
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Though this draft is not identical to the final version of the Senate Report, the language is similar, except for the explanation of "materially affect" for Section 16(b). Section 16(b) corresponds to what we now know as 25 U.S.C. 1735(b), but the final version of this section says "affect" rather than "materially affect."
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PDF
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
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1723
1725(h)
1735(b)
Application of State Law
Draft Bill
Extinguishment of Claims
Jurisdiction
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/f013cf2d8fb57eafec7e646f5ca6da76.pdf?Expires=1712793600&Signature=XJK-CuHbmhwbATJ347HIpvMfCnee0gLecbKsufavT0ojYCLEryO%7EIzaqt6c5aP8ZCRIHB6qF9X-NLYmt%7EMiYLoVrNkICVZm7MWUsTkNTrhnoVn9MV%7EElijiEYK8A3BKlHQT6BIyH6AwfML8ghXeZljOjjv3F51c-3flqJrVzhpNhxKg8c4x%7EZoGEDwXZ8Y8%7E3vRmdJb5cLSbsjL-vys-6XiJlFG0VwKqFsnd7%7ERFLiKi1r327CyqgeBB8zwd-ODXcEUQqRmNi0OHK4NwHj8NLo4FbvgUjhwXGWxFUvn1mRTGlpPoSv1D43qY7Pvyt5Hg7VlYrHz4UVjIcAjHVmJfZQ__&Key-Pair-Id=K6UGZS9ZTDSZM
ed7e06611750ec0f126a51c0d41f456b
PDF Text
Text
:' / -
••_ • : ·_ .I.·
Amendment to S. 2829 in the
Nature of a Substitute
Strike out all after the enacting clause and insert in lieu
thereof the following:
That this Act may be cited as the "Maine Indian Claims Settlement
Act of 1980".
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Sec. 2. (a) 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 grounds·that the
lands in question were originally transferred in violation of law,
including 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.
�I
-2(4)
The Passamaquoddy Tribe, as represented
as of the time of passage of this Act 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 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 thexefore 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 Penosbscot
Nation and the Houlton Band of Maliseet Indians with a fair and just
settlement of their land claims.
In the absence of co~gressional
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,
�-3the 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
spec~al 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 ~he 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;
�-4(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 Maines are and shall be subject to
all laws of the State of Maine, as provided herein.
DEFINITIONS
Sec. 3.
For purposes of this Act, the term(1)
"Houlton Band of Maliseet Indians" means the
sole successor to the Maliseet Tribe of Indians as constltuted in
aboriginal times in what is now the State of Mainer and all its
predecessors and successors in interest.
The ijoulton 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;
(2)
"land or natural resources" means any real
property or natural resources, or any interest in or right involving
any real property or natural resources, inclduing but without limitation minerals and mineral rights, timber and timber rights, water
and water rights, and hunting and fishing rights;
( 3)
"Land Acquisition Fund" means the Maine Indian
Claims Land Acquisition Fund established under Section S{c)' of this
Act;
�-5(4)
"laws of the State" means the Constitution,
and all statutes, regulations and corrunon laws of the State of
Maine and its political subdivisions and all subsequent amendments
thereto or judicial interpretations thereof;
( 5)
"Maine Implementing Act" means Section 1 and
Section 30 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;
(6)
"Passamaquoddy Indian Reservation" means
those lands as defined in the Maine Implementing Act;
( 7)
"Passamaquoddy Indian Territory" means those
lands as defined in the Maine Implementing Act:
( 8)
"Passamaquoddy Tribe" means the Passamaquoddy
Indian Tribe, as constituted in aboriginal tim~s and all its predecessors and successors in interest.
The Passamaquoddy Tribe is
·represented, as of the date of the enactment of this Act, by the
Joint Tribal Council of the Passamaquoddy Tribe, with separate
Councils at the Indian Township and Pleasant Point Reservations;
( 9)
"Penobscot Indian Reservation" means those
lands as defined in the Maine Impementing Act;
(10)
"Penobscot Indian Territory" means those lands
as defined in the Maine Implementing Act;
(11)
"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
�-6of the date of the enactment of this Act, by the Penobscot Nation
Governor and Council;
( 12)
"Secretary" means the Secretary of the
(13)
"Settlement Fund"
Interior;
means the Maine Indian
Claims Settlement Fund established under Section S(a) of this
Act; and
( 14)
"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 AND EXTINGUISHMENT OF INDIAN TITLE
AND CLAIMS OF THE PASSAMAQUODDY TRIBE, THE PENOBSCOT NATION,
THE HOULTON BAND OF MALISEET INDIANS, AND ANY OTHER INDIANS,
INDIAN NATION, OR TRIBE OR BAND OF INDIANS WITHIN THE STATE
OF MAINE
Sec. 4. (a) (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, andy any transfer of
�-7land 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 th~s section
shall be construed to affect or eliminate the claim of any individual
Indian (except for any Federal common law fraud claim) which is
pursued under any law generally designed to protect non-Indians as
well as Indians.
(2)
behalf
or
The United States is barred from asserting on
any Indian, Indian nation or tribe or band of Indians
any claim under the laws of the State arising before the date of
this Act and arising from any transfer of land or natural resources
by any 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.
�-8(3)
,..... .;:-:·· .
....... ~~·
:
The United States is barred from asserting
• "P:,;
r;:;:}J'.:.":
by or on behalf of any individual India~ any claim under the l_aw
of the State arising from any transfer of land or natural resourt
located anywhere within the State from, by, or on behalf of any
individual Indian, which occurred prior to December 1, 1873, incl
but without limitation any transfer pursuant to any treaty or corn
with or any statute of any state.
(b)
To the extent that any transfer of land or naturaj
resources described in subsection (a) (1) of this section may invol
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 bane
of Indians had aboriginal title, such subsection (a) (1) shall be
regarded as an extinguishrnent of said aboriginal title as of the
date of such transfer.
(c)
By virture of the approval and ratification of a
transfer of land or natural
re sources 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,
�-9including 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)
The provisions of this section shall take effect
immediately upon appropriation of the funds authorized to be
appropriated to i~plement the provisions of Sec. 5 of this Act and
their deposit in the Treasury of the United States.
ESTABLISHMENT OF FUNDS
Sec. S(a)
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 appro-
priation 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
sha.11 be--held in trust for the benefit of the Penobscot Nation.
Each portion of the Settlement Fund shall be administered by the
lZ.~~c,-..,a....\:::.\
t..-
Secretary in accordance withAterms established by the Passamaquoddy
Tribe or the Penosbscot 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 the Act of June 24, 1938 (52 Stat.
1037), unless the respective Tribe or Nation first submits a specfic
(
~J)_~
...:,· . 4--L.
\\~~,e-J
o-,.bt._'' \ ~
~'-~~,;._,C,
'b
-TNT
A-&J.--~_,.
("'-~)
~rz.._L-t.-.s)
�(10)
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 ot either the
Passamaquoddy Tribe of the Penobscot Nation, or to any member of
either Tribe or Nation:
Provided, however, That nothi~g herein
shall prevent the Secretary from investing the principal of said
Fund in accordance with par~graph (1) of this subsection.
(3)
The Secretary shall make available to the
Passamaquoddy Tribe and the Penosbscot Nation in quarterly payments,
without any deductions except as expressly provided in Section 6(d) (2)
and without liability to or on the part of the· United States, any
income received fromthe investment of that portion of the Settlement
Fund al~ocated 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 ade 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,
�-11-
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 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 14
of this Act.
{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 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 and the Penobscot Indian Territory
�(12)
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 sahll 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 Maliseets without the
prior enactment of appropriate legislation by ~he 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 any such property in the event the Houlton
Band of Maliseet Indians should termiante their interest in the
property.
(4)
The Secretary,is authorized to and at the
request of other parties 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
�(13)
be embodied in the legislation enacted by the State of Maine
approving the acquisition of such lands as required by section
S(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 confemn 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 Pas~amaquoddy 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 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;
(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
�(14)
.
not be deemed to be a governmental entity 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 this Act;
and
(D)
provisions on the location of these lands;
provided, that any 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 the date of enactment
of this Act, the Secretary is directed to submit to the appropriate
corrunittees of the House of Representatives and the Senate having
jurisdiction over Indian Affairs a report on the status bf these
negotiations.
(e) Notwithstanding the provision~ of 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), 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.
Sub-
ject 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
�(15)
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 subsections (a) and (c) o ·f 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 not be applicable to (A) the Passamaquoddy Tribe,
tha Penobscot Nation, or the Houlton Band of Maliseet Indians or
any other Ind_
ian, _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 subsection (g) (2), such land or natural resources
shall not otherwise be subject to any restraint on alienation by
�(16)
virture 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 Indain 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 an 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 the Act of
August -9~ 1955 (69 Stat. 539), as arnendedi
(B)
leased in accordance with the Act of May 11,
1938 (52 Stat. 347), as amended;
(C)
sold in accordance with Section 7 of the
Act of June 25, 1910 {36 Stat. 857), as amended;
(D)
subjected to rights-of-way in accordance
with the Act of February 5, 1948 {62 Stat. 17);
(E)
exchanged for other land or natural resources
of equal value, or if they are not equal, the values shall be
�( 17)
equalized by the payment of money to the granter 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 centurn of the tonal 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) 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 102 of the Indian S~lf-Determination
and Education Assistance Act {88 Stat. 2206), or other existing
law.
(i) (1)
Trust or restricted land or natural resources
with the Passamaquoddy or Penobscot Indian Reservations 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
Interior of the location and boundaries of the substitute land.
Such substitute land shall have the same trust or restricted
�( 18)
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 with the Passamaquoddy or Penobscot
Reservations may be condemned for public purposes pursuant to
the Maine Implementing Act.
The proceeds from any such condemna-
tion shall be deposite::1in the Land Acquisition Fund established
by Section S(c) 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, 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 de~ignate, 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 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 United States shall be party to any
condemnation action under section.
{j)
When trust or restricted land or natural resources
of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band
�(19)
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.
APPLICATION OF STATE LAWS
Sec. 6. (a) < ; · · Except as provided in section 8, subsection (e) ,
all Indians, Indian nations, tribes, and bands of Indians in the
State of Maine, other than the Passamaquoddy Tribe and the Penobscot
Nation and their members, and any lands or natural resources owned
by any such Indian, Indian nation, tribe, or band of .Ipd~ans 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 civll and criminal
jurisdiction of the State, the laws of the State, and to the civil
and criminal jurisdiction of the courts of the State, to ·the same
extent ~s any other person or land therein.
(b): (1) The Passamaquoddy Tribe, the Penobscot Nation, -· 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 the Act is hereby approved, ratified, and confirmed.
(2)
runds appropriated for the benefit of Indian
people or for the administration of Indian affairs may be utilized,
�(20)
consistent with the pur.poses 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
of the Interior 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-state funding in other states.
(c)
The United States shall not have
any criminal
jurisdiction in the State of Maine under the Act of June 25, 1948
{62 Stat~ 757), as amended, or_the Act of July 12, 1960 (74 Stat.
469), as amended.
(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
�(21)
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;
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
3477 of the Revised.Statutes, as amended, 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 the
date of the .enactment of this Act against eith~r 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 p~rsuant to Section
S(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 enforcement or application of civil, criminal or regulatory laws of the Passamaquoddy Tribe, the Penobscot Nation and the
State within their respective jurisdictions;
{B) allocation or
determination of governmental responsibility of the State and the
�(22)
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)
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 sub-·
sequent amendments thereto.
(g)
The Passamaquoddy Tribe, the Penobscot Nation,
and the State of Maine shall give full faith and credit to the
- judicial -pEoceedings of each other.
(h)
Except as otherwise 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 by 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
�(23)
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 laws of the State of
Maine, shall apply within the State.
(i)
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
subject to restrictions or alienation for the respective Tribe,
Nation, or Band shall be considered Federal Indian reservations for
purpo~es 0£ Federal taxation.
TRIBAL ORGANIZATION
Sec. 7. (a)
The Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseet Indians may each organize for their
common welfare, and adopt an appropriate instrument in writing to
govern the affairs of the Tribe, Nation, or Band when each is acting
in tis governmental capacity.
Such instrument and any amendments
thereto must be consistent with the terms of this Act and the Maine
�-----------·---
--
( 2 4)
Implementing Act.
The Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseet Indians shall each file with the
Secretary a copy of their organic governing document and any
amendments thereto.
(b)
For purposes of benefits under this Act
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 for persons, as
of the date of this Act, who 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.
IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
Sec. 8.(a)
The Passmaquoddy 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).
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)
(b)
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.
(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 Reservation and the Penobscot Indian Reservation are "reservations" within Section 4(10) of the Act.
(e)
For the purposes of this section, the Houlton
Band of Maliseet 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 Section 6 of this Act.
(f)
Until the Passamaquoddy Tribe or the Penobscot
-Nation has-ussumed exclusive jurisdiction over the Indian child
custody proceedings pursuant to this section, _ the State of Maine
shall have exclusive
jurisdiction over the Indian child custody
proceedings of that Tribe or Nation.
EFFECT OF PAYMENTS TO PASSAMAQUODDY TRIBE, PENOBSCOT NATION, AND HOULTON
BAND OF MALISEET INDIANS
Sec. 9. (a)
No payments to be made for the benefit of the
�(26)
Passamaquodddy Tribe, the· Penobscot Nation, and the Houlton Band
of Maliseet Indians pursuant to the terms of this Act shall be considered by any agency or department of the United States in determining
or computing the State of Maine's eligibility 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 fand 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.
(c)
The . availability of funds or distribution of
funds pursuant ot 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
�(27)
to which the Passamaquoddy Tribe or Penobscot Nation would otherwise be eligible or entitled.
DEFERRAL OF CAPITAL GAINS
Sec. 10.
For the purpose of subtitle A of the Internal
Revenue Code of 1954, any transfer by private owners of land purchased or otherw~se 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 Ban~ shall be deemed to be an
involuntary conversion within the meaning of Section 1033 of the
Internal Revenue Code of 1954, as amended.
TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE OF MAINE
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 Na~ion.
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
it members, may have against the State of Maine, its officers,
employees, agents, and representative, 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
�{28)
execute general releases of a11· claims against the State of
Maine, its officers, employees, agents, and representatives,
arising from the administration or m~nagement of said State funds.
OTHER CLAIMS DISCHARGED BY THIS ACT
Sec. 12.
Except as expressly provided herein, this Act
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 presently pending in the United st'ates
District Court for the District of Maine captioned United States
of America v. State of Maine (Civil Action Nos. l966-ND and 1969-ND).
LIMITATION OF ACTIONS
Sec. 13.
Except as provided in this Act, no provision
of this-Act 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 Act.·
AUTHORIZATION
Sec. 14.
There is hereby authorized to be appropriated
�(29)
$81,500,000 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 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 invlaid, 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 in interpretation
of the provisions of the Maine Implementing Act ~nd this Act should
emerge, the provisions of this Act shall govern.
(b)
The provisions of a federal act adopted
after this Act shall modify or alter the provisions of this Act,
and the ·Maine -Implementing Act only.if such. later Act contains an __
express provision making it applicable within the State of Maine. ~ ~- -
�
Dublin Core
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Title
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National Congress of American Indians Records
Description
An account of the resource
Documents from the National Congress of American Indians Records have been provided by t by the National Museum of the American Indian Archive Center. Additional information about the collection can be accessed on their <a href="http://www.nmai.si.edu/explore/collections/archive/" target="_blank">web page</a>.
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NMAI016
Title
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Amendment to Maine Indian Claims Settlement Bill S. 2829 (Senate) in the Nature of a Substitute (Undated)
Date
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Undated
Source
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National Congress of American Indians Records
National Congress of American Indians records, Box 531, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “[Maine Indian Land Claims - General, II]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
A language of the resource
English
Description
An account of the resource
Of particular interest is how Section 16(b) (now known as 25 U.S.C. 1735(b)) reads: "The provisions of a federal act adopted after this Act shall modify or alter the provisions of this Act, and the Maine Implementing Act only if such later Act contains an express provision making it applicable within the State of Maine." Section 4 corresponds to what we now know as 25 U.S.C. 1723. Section 6(h) corresponds to what we now know as 25 U.S.C. 1725(h).
Type
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Text
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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1723
1725(h)
1735(b)
Application of State Law
Draft Bill
Extinguishment of Claims
Jurisdiction
-
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PDF Text
Text
l~cp•·oducct.lnt the N ntiorinllA •·Glli\'cs
I
"Union Calendar No. 82.
0
96TH CONGRESS
2D SESSION
u: R··;
.
·~·
'
• ·
79·: 19.
-· \.
'
·,
[Report . o. 96-1353]
N
To provide for the settlement of land claims of Indians, Indian nations and tribes
and bands of Indians in the State of Maine, including the Passamaquoddy
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
1, 1980
Mr. EMERY (for himself and Mrs. SNOWE) introduced the following bill; which
was referred to the Committee on Interior and Insular Affairs
AUGUST
SEPTEMBER 19, 1!980
Reported with an a~endment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed-in italic]
[For text of introduced bill, see copy of Bill as introduced on August 1, 1980]
A B··I LL
To provide for the settlement of land claims of Indians, Indian
nations and tribes and 'bands of Indians in the State of
Maine, including the Passamaquoddy Tribe, the Penobscot
Nation, and the Houlton Band of Maliseet Indians, and for
other purposes.
't
�Reproduced nt the Nntionnl A••chives
2
1
Be it enacted by the Senate and House of Representa-
2 tives of.the United States of America in Congress assembled,
3 That this Act may be cited as the "Maine Indian Claims
4 Settlement Act of 1980".
5
6
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
SEc. 2. (a) Congress hereby finds and declares that:
7
(1) The Passamaquoddy Tribe, the Penobscot
8
Nation, and the Maliseet Tribe are asserting claims for
9 .
possession of lands within the State of Maine and for
10
damages on the ground that the lands in question were
1
11
originally transferred in violation of law, including,
1
12
but without limitation, the Trade and Intercourse Act
1
13
of 1790 (1 Stat. 137), or subsequent reenactments or
1
14
versions thereof.
1
15
(2) The Indians, Indian nations, and tribes and
16
bands of Indians, other than the Passamaquoddy
17
Tribe, the Penobscot Nation, and the Houlton Band of
18
Maliseet Indians, that once may have held aboriginal
19
title to lands within the State of Maine long ago aban-
20
doned their aboriginal holdings.
21
22
the time of passage of this Act by the Penobscot N a-
23
tion 's Governor and Council, is the sole successor in
24
~
(3) The Penobscot Nation, as represented as of
interest to the aboriginal entity generally known as the
I
I
I
I
1
�~
3
1
Penobscot Nation which years ago claimed aboriginal
2
title to certain lands in the State of Maine.
3
(4) The Passamaquoddy Tribe, as represented as
4
of the time of passage of this Act by the Joint Tribal
5
Council of the Passamaquoddy Tribe, is the sole suc-
6
cessor in interest to the aboriginal entity generally
7
known as the Passamaquoddy Tribe which years ago
8
claimed aboriginal title to certain lands in the State of
9
Maine.
10
(5) The Houlton Band of Maliseet Indians, as
11
represented as of the time of passage of this Act by the
12
Houlton Band Council, is the sole successor in inter-
13
est, as to lands within the United States, to the ab-
14
original entity generally known as the Maliseet Tribe
15
which years ago claimed aboriginal title to certain
16
lands in the State of Maine.
17
(6) Substantial economic and social hardship to a
18
large number of landowners, citizens, and communities
19
in the State of Maine, and therefore to the economy of
20
the State of Maine as a whole, will result if the afore-
21
mentioned claims are not resolved promptly.
22
(7) This Act represents a good faith effort on the
23
part of Congress to provide the Passamaquoddy Tribe,
24
the Penobscot Nation, and the Houlton Band of Mali-
25
seet Indians with a fair and just settlement of their
sa,\!lfJ.JV JUUO!JilN
'liJI 'l ll
pa:mpO,l_ illj
d
�1
2
these land claims would be pursued through the courts,
3
a process which in all likelihood would consume many
4
years and thereby promote hostility and uncertainty in
5
the State of Maine to the ultimate detriment of the
6
Passamaquoddy Tribe,
7
Houlton Band of Maliseet Indians, their members, and
8
1
land claims. In the absence of congressional action,
all other citizens of the State of Maine.
the Penobscot Nation,
2
3
4
5
6
the
9
Passamaquoddy Tribe and the Penobscot Nation, has
11
enacted legislation defining the relationship between
12
the Passamaquoddy Tribe, the Penobscot Nation, and
13
their members, and the State of Jlaine.
8
9
(8) The State of Maine, with the agreement of the
10
7
14
(9) Since 1820, the State of Maine has provided
15
special services to the Indians residing within its bor-
16
ders, including the members of the Passamaquoddy
17
Tribe, the Penobscot Nation, and the Houlton Band of
18
Maliseet Indians. During this same period, the United
19
States provided few special services to the respective
20
tribe, nation, or band, and repeatedly denied that it
21
had jurisdiction over or responsibility for the said
22
tribe, nation, and band. In view of this provision of
23
special services by the State of Maine, requiring sub-
24
stantial expenditures by the State of Maine and made
25
by the State of Maine without being required to do so
10
11
12
13
14
15
1€
17
1E
19
2C
21
2~
2E
24
2E
S;J.\!II'>·'V/Il!UO!JIIN ;1111 Jl! pa:>npo.Jdau
�IT.
5
l~w,
1.
by Federal
2
State of Maine not be
3
rectly to this claims settlement.
4
(b) It is the purpose of this Act-
5
6
7
8
it is the intent of Congress that the
requ~red
further to contribute di-
(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;
9
(3) to ratify the Maine Implementing Act, which
10
defines the relationship between the State of Maine
11
and the Passamaquoddy Tribe, and the Penobscot
12
Nation, and
13
14
~
existing or recognized in the State of Maine are and
16
I
l
tions and tribes and bands of Indians now or hereafter
15
f
(4) to confirm that all other Indians, Indian na-
shall be subject to all laws of the State of Maine, as
17
provided herein.
18
19
DEFINITIONS
SEC. 3. For purposes of this Act, the term-
l
f
e
0
20
(a) "Houlton Band of Maliseet Indians" means
21
the sole successor to the Maliseet Tribe of Indians as
22
constituted in aboriginal times in wtat is now the
23
t
State of Maine, and all its predecessor'S and successors
24
in .interest. The Houlton Band of Maliseet Indians is
25
represented, as of the date of the enactment of this Act,
Silo\!IJ~.I\"f JUUOHIIN illJJ 4 U pmmpo.tdal(l
�6
1
as to lands within the United States, by the ·Houlton
2
Band Council of the Houlton Band of Maliseet Indi-
3
ans;
4
(b) "land or natural resources" means any real
5
property or natural resources, or any interest in or
6
right involving any real property or natural resources,
7
including but without limitation minerals and mineral
8
rights, timber and timber rights, water and water
9
rights, and hunting and fishing rights;
10
(c) "Land Acquisition Fund" means the Maine
11
Indian Claims Land Acquisition Fund established
12
under section 5(c) of this Act;
13
(d) "laws of the State" means the constitution,
14
and all statutes, regulations, and common laws of the
15
State of Maine and its political subdivisions and all
16
subsequent amendments thereto or judicial interpreta-
17
tions thereof;
18
(e) "Maine Implementing Act" means section 1,
19
section 30, and section 31, of the "Act to Implement
20
the Maine Indian Claims Settlement" enacted by the
21
State of Maine in chapter 732 of the public laws of
22
1979;
23
(f) "Passamaquoddy Indian Reservation" means
24
those lands as defined in the Maine Implementing Act;
Sol.\!lJJ.IV (l!UIIHUN ;nllll!
pa:HtpO.HI;ru
�~
7
1
(g) "Passamaquoddy Indian Territory" means
2
those lands as defined in the Maine Implementing Act;
3
(h) ''Passamaquoddy Tribe'' means the Passama-
4
quoddy Indian Tribe, as constituted in aboriginal
5
times and all its predecessors and successors in inter-
6
est. The Passamaquoddy Tribe is represented, as of the
7
date of the enactment of this Act, by the Joint Tribal
8
Council of the Passamaquoddy Tribe, with separate
9
councils at the Indian Township and Pleasant Point
10
11
12
13
14
15
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
16
Indian Nation as constituted in aboriginal times, and
17
all its predecessors and successors in interest. The Pe-
18
nobscot Nation is represented, as of the date of enact-
19
ment of this Act, by the Penobscot Nation Governor
20
and Council;
21
(l)
22
"Secretary" means the Secretary of the
Interior;
23
(m) "Settlement Fund" means the Maine Indian
24
Claims Settlement Fund established under section S(a)
25
of this Act; and
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1
(n) "transfer" includes but is not limited to any
2
voluntary or involuntary sale, grant, lease, allotment,
3
partition, or other conveyance; any transaction the pur-
4
pose of which was to effect a sale, grant, lease, allot-
5
ment, partition, or conveyance; and any act, event, or
6
circumstance that resulted in a change in title to, pos-
7
session of, dominion over, or control of land or natural
8
resources.
9 APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT
10
OF INDIAN TITLE AND CLAIMS OF THE PASSAMA-
1! 1
QUODDY
12
HOULTON BAND OF MALISEET INDIANS, AND ANY
13
OTHER
14
BAND OF INDIANS WITHIN THE STATE OF MAINE
15
SEc. 4. (a)(1) Any transfer of land or natural resources
TRIBE,
INDIANS,
THE
PENOBSCOT
INDIAN
NATION,
NATION,
OR
TRIBE
THE
OR
16 located anywhere within the United States from, by, or on
17 behalf of the Passamaquoddy Tribe, the Penobscot Nation,
18 the Houlton Band of Maliseet Indians, or any of their mem19 hers, and any transfer of land or natural resources located
20 anywhere within the State of Maine, from, by, or on behalf
21 of any Indian, Indian nation, or tribe or band of Indians,
22 including but without limitation any transfer pursuant to
23 any· treaty, compact, or statute of any State, shall be deemed
24 to have been made in accordance with the Constitution and
25 all laws of the United States, including but without limita-
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1 lion the Trade and Intercourse Act of 1790, Act of July 22,
2 1790 (ch. 33, Sec. 4, 1 Stat. 137, 138), and all amendments
3 thereto and all subsequent reenactments and versions thereof,
4 and Congress hereby does approve and ratify any such trans-
5 fer effective as of the date of said transfer: Provided, however,
6 That nothing in this section shall be construed to affect or
~
eliminate the personal claim of any individual Indian
8 (except for any Federal common law fraud claim) which is
9 pursued under any law of general applicability that protects
10 non-Indians as well as Indians.
tl
(2) The United States is barred from asserting on
12 behalf of any Indian, Indian nation, or tribe or band of Indi-
13 ans any claim under the laws of the State of Maine arising
14 before the date of this Act and arising from any transfer of
15 land or natural resources by any Indian, Indian nation, or
16 tribe or band of Indians, located anywhere within the State
17 of Maine, including but without limitation any transfer pur-
18 suant to any treaty, compact, or statute of any State, on the
19 grounds that such transfer was not made in accordance with
20 the laws of the State of Maine.
21
(3) The United States is barred from asserting by or on
22 behalf of any individual Indian any
clai~
under the laws of
23 the State of Maine arising from any transfer of land or natu-
i
t-
24 ral resources located anywhere within the State of Maine
25 from, by, or on behalf of any individual Indian, which oc-
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1 curred prior to December 1, 1873, including but without lim-
2 itation any transfer pursuant to any treaty, compact, or stat3 ute of any State.
4
(h) To the extent that any transfer of land or natural
5 resources described in subsection (a)(1) of this section may
6 involve land or natural resources to which the Passama1 q"uoddy Tribe, the Penobscot Nation, the Houlton Band of
8 Maliseet Indians, or any of their members, or any other
9 Indian, Indian nation, or tribe or band of Indians had ab-
10 original title, such subsection (a) (1) shall be regarded as an
11 extinguishment of said aboriginal title as of the date of such
12 transfer.
13
(c) By virtue of the approval and ratification of a trans-
14 fer of land or natural resources effected by this section, or the
15 extinguishment of aboriginal title effected thereby, all claims
16 against the United States, any State or subdivision thereof,
17 or any other person or entity, by the Passamaquoddy Tribe,
18 the Penobscot Nation, the Houlton Band of Maliseet Indians
19 or any of their members or by any other Indian, Indian
20 nation, tribe or band of Indians, or any predecessors or suc21 cessors in interest thereof, arising at the time of or subsequent
22 to the transfer and based on any interest in or right_ involving
23 such land or natural resources, including but without limita-
24 lion claims for trespass damages or claims for use and occu-
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1 pancy, shall be deemed extinguished as of the date of the
2 transfer.
3
··
(d) The provisions of this section shall take effect imme-
4 diately upon appropriation of the funds authorized to be ap-
5 propriated to implement the provisions of section 5 of this
6 Act. The Secretary shall publish notice of such appropriation
7 in the Federal Register when such funds are appropriated.
8
9
ESTABLISHMENT OF FUNDS
SEC. 5. (a) There is hereby established in the United
10 ·States Treasury a fund to be known as the Maine Indian
11 Claims Settlement Fund in which $27,000,000 shall be de-
12 posited following the appropriation .of sums authorized by
13 section 14 of this Act.
14
(h)(1) One-half of the principal of the settlement fund
15 shall be held in trust by the Secretary for the benefit of the
16 Passamaquoddy Tribe, and the other half of the settlement
17 fund shall be held in trust for the benefit of the Penpbscot
18 Nation. Each portion of the settlement fund shall be admin19 istered by the Secretary in accordance with reasonable terms
20 established by the Passamaquoddy Tribe or the Penobscot
21 Nation, respectively, and agreed to by the Secretary: Pro22 vided, That the Secretary may not agree to .terms which pro23 vide for investment of the settlement fund in a manner not in
24 accordance with section 1 of the Act of June 24, 1938 (52
25 Stat. 1037), unless the respective tribe or nation first sub-
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1 mits a specific waiver of liability on the part of the United
2 States for any loss which may result from such an invest3 ment: Provided, further, That until such terms have been
4 agreed upon, the Secretary shall fix the terms for the admin-
5 istration of the portion of the settlement fund as to which
6 there is no agreement.
7
(2) Under no circumstances shall any part of the princi-
8 pal of the settlement fund be distributed to either the Passa9 maquoddy Tribe or the Penobscot Nation, or to any member
10 of either tribe or nation: Provided, however, That nothing
11 herein shall prevent the Secretary from investing the princi12 pal of said fund in accordance with paragraph (1) of this
13 subsection.
14
(3) The Secretary shall make available to the Passama-
15 quoddy Tribe and the Penobscot Nation in quarterly pay16 ments, without any deductions except as expressly provided
17 in subsection 6(d)(2) and without liability to or on the part of
18 the United States, any income received from the investment
19 of that portion of the settlement fund allocated to the respec20 tive tribe or nation, the use of which shall be free of regula21 tion by the Secretary. The Passamaquoddy Tribe and the
22 Penobscot Nation annually shall each expend the income
23 from $1,000,000 of th~ir portion of the settlement fund for
24 the benefit of their respective members who are over the age of
25 sixty. Once payments under this paragraph have been made
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1 to the tribe or nation, the United States shall have no further
2 trust responsibility to the tribe or nation or their members
3 with respect to the sums paid, any subsequent distribution of
4 these sums, or any property or services purchased therewith.
5
(c) There is hereby established in the United States
6 . Treasury a fund to be known as the Maine Indian Claims
I
7 · Land Acquisition Fund in which $54,500,000 shall be de-
8 i posited following the appropriation of sums authorized by
9 I section 14 of this Act.
(d) The principal of the land acquisition fund shall be
10
11 apportioned as follows:
J
12 ·
13
14
15
16
17
(1) $900,000 to be held in trust for the Houlton
Band of Maliseet Indtans;
(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.
18 The Secretary is authorized ·and directed to expend, at the
19 request of the affected tribe, nation or band, the principal and
20 any income accruing to the respective portions of the land
21 acquisition fund for the purpose of acquiring land or natural
22 resources for the Passamaquoddy
Trib~,
the Penobscot
23 Nation, and the Houlton Band of Maliseet Indians and for
24 no other purpose. The first 150,000 acres of land or natural
25
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1 resources acquired for the Passamaquoddy Tribe and the first
2 150,000 acres acquired for the Penobscot Nation within the
3 area described in the Maine Implementing Act as eligible to
4 be included within the Passamaquoddy Indian Territory and
5 the Penobscot Indian Territory shall be held in trust by the
6 United States for the benefit of the respective tribe or nation.
7 The Secretary is also authorized to take in . trust for the
8 Passamaquoddy Tribe or the Penobscot Nation any land or
9 natural resources acquired within the aforesaid area by pur-
l 0 chase, gift, or exchange by such tribe or nation. Land or
11 natural resources acquired outside the boundaries of the
\
I
12 aforesaid areas shall be held in fee by the respective tribe or
13 nation, and the United States shall have no further trust
I
14 responsibility with respect thereto. Land or natural resources
I
I
I
I
15 acquired within the State of Maine for the Houlton Band of
16 Maliseet Indians shall be held in trust by the United States
17 for the benefit of the band: Provided, That no land oro natural
18 resources shall be so acquired for or on behalf of the Houlton
19 Band of Maliseet Indians without the prior enactment of ap20 propriate legislation by the State of Maine approving such
21 acquisition: Provided further,
That the Passamaquoddy
22 Tribe and the Penobscot Nation shall each have
r;t
one-half
23 undivided interest in the corpus of the trust, which shall con24 sist of any such property or subsequently acquired exchange
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1 property, in the event the Houlton Band of Maliseet Indians
2 should terminate its interest in the trust.
3
(4) The. Secretary is authorized to, and at the re-
4
quest of either party shall, participate in negotiations
5
between the State of Maine and 'the Houlton Band of
6
Maliseet Indians for the purpose of assisting in secur-
7
ing agreement as to the ?and or natural resources to be
8
acquired by the United States to be held in trust for
9
the benefit of the Houlton Band. Such agreement shall
10
be embodied in the legislation enacted by the State of
1l
Maine approving the acquisition of such lands as re-
12
quired by section 5(d)(3). The agreement and the legis-
13
lation shall be limited to:
14
(A) provisions providing restrictions against
15
alienation or taxation of land or natural resources
16
held in trust for the Houlton Band no less restric-
17
, tive than those provided by this Act and the
18
Maine Implementing Act for land or natural re-
19
sources to be held in trust for the Passamaquoddy
20
Tribe or Penobscot Nation;
21
(B) provisions limiting the power of the
22
State of Maine to condemn such .lands that are no
23
less restrictive than the provisions of this Act and
24
the Maine Implementing Act that apply to the
25
Passamaquoddy Indian Territory and the Penob-
S<M!lp.ty (I!UO!JUN ill(J ij ll flilllnpo.HI:llf
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1
scot Indian Territory but not within either the
2
Passamaquoddy Indian Reservation or the Penob-
3
scot Indian Reservation;
4
(C) consistent with the trust and restricted
5
character of the lands, provisions satisfactory to
6
the State and the Houlton Band concerning:
7
(i) payments by the Houlton Band tn
8
lieu of payment of property taxes on land or
9
natural resources held in trust for the band,
10
except that the band shall not be deemed to
11
own or use any property for governmental
12
purposes under the Maine Implementing Act;
13
(ii) payments of other fees and taxes to
14
the extent imposed on the Passamaquoddy
15
Tribe and the Penobscot Nation under the
16
Maine Implementing Act, except that the
17
band shall not be deemed to be a governmen-
18
tal entity under the Maine Implementing Act
19
or to have the powers of a municipality
20
under the Maine Implementing Act;
21
(iii) securing performance of obligations
22
of the Houlton Band arising after the effec-
23
tive date of agreement between the State and
24
the band.
25
(D) provisions on the location of these lands.
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e
Except as set forth in this subsection, such agreement
2
shall not include any other provisions regarding the
3
l
1.
enforcement or application of the laws of the State of
4
Maine. Within one year of the date of enactment of
5
this Act, the Secretary is directed to submit to the ap-
6
propriat~
7
and the Senate having jurisdiction over Indian affairs
8
a report on the status of these negotiations.
9
(e) Notwithstanding the provisions of section 1 of the
committees of the House of Representatives
10 Act of August 1, 1888 (25 Stat. 357), as amended, and sec11 tion 1 of the Act of February 26, 1931 (46 Stat. 1421), the
12 Secretary may acquire land or natural resources under this
13 section from the ostensible owner of the land or natural re14 sources only if the Secretary and the ostensible owner of the
15 land or natural resources have agreed upon the identity of the
16 land or natural resources to be sold and upon the purchase
17 price and other terms of sale. Subject to the agreement re-
18 quired by the preceding sentence, the Secretary may institute
19 condemnation proceedings in order to perfect title, satisfac20 tory to the Attorney General, in the United States and con21 demn interests adverse to the ostensible owner. Except for the
22 provisions of this Act, the United States shall have no other
23 authority to acquire lands or natural resources in trust for
24 the benefit of Indians or Indian nations, or tribes, or bands
25 of Indians in the State of Maine.
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1
(f) The Secretary may not expend on behalf of the
2 Passamaquoddy Tribe, the Penobscot Nation, or the Houlton
3 Band of Maliseet Indians any sums deposited in the funds
4 established pursuant to the subsections (a) and (c) of this
5 section unless and until he finds that authorized officials of
6 the respective tribe, nation, or band have executed appropri7 ate documents relinquishing all claims to the extent provided
8 by sections 4, 11, and 12 of this Act and by section 6213 of
\
9 the Maine Implementing Act, including stipulations to the
10 final judicial dismissal with prejudice of their claims.
1t
(g)(1) The provisions of section 2116 of the Revised
12 Statutes shall not be applicable to (A) the Passamaquoddy
13 Tribe, the Penobscot Nation, or the Houlton Band of Mali14 seet Indians or any other Indian, Indian nation, or tribe or
15 band of Indians in the State of Maine, or (B) any land or
16 natural resources owned by or held in trust for the Passama17 quoddy Tribe, the Penobscot Nation, or the Houlton Band of
18 Maliseet Indians or any other Indian, Indian nation or tribe
19 or band of Indians in the State of Maine. Except as provided
20 in subsections (d)(4) and (g)(2), such land or natural re21 sources shall not otherwise be subject to any restraint on
22 alienation by virtue of being held in trust by the United
23 States or the Secretary.
24
(2) Except as provided in paragraph (3) of this subsec-
25 lion, any transfer of land or natural resources within Passa-
~.1.\!liJ.I\' (I!IIII!JUN Oll(l ~~~ pa:mpo.ttla~
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19
1 maquoddy Indian Territory or Penobscot Indian Territory,
2 except (A) takings for public uses consistent with the Maine
3 Implementing Act, (B) takings for public uses pursuant to
4 the laws of the United States, or (C) transfers of individual
5 Indian use assignments from one member of the Passama-
6 quoddy Tribe or Penobscot Nation to another member of the
7 same tribe or nation, shall be void ab initio and without any
t
8 validity in law or equity.
9
(3) Land or natural resources within the Passama-
10 quoddy Indian Territory or the Penobscot Indian Territory
11 or held in trust for the benefit of the Houlton Band of Mali12 seet Indians may, at the request of the respective tribe,
13 nation, or band, be14
15
16
)
17
18
19
20
21
(A) leased in accordance with the Act of August
9, 1955 (69 Stat. 539), as amended;
(B) leased in accordance with the Act of May 11,
1938 (52 Stat. 347), as amended;
(C) sold in accordance with section 7 of the Act of
June 25, 1910 (36 Stat. 857), as amended;
(D) subjected to rights-of-way in accordance with
the Act of February 5, 1948 (62 Stat. 17);
22
(E) exchanged for other land or. natural resources
23
of equal value, or if they are not equal, the values
24
shall be equalized by the payment of money to the
25
grantor or to the Secretary for deposit in the land ac-
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l
quisition fund for the benefit of the affected tribe,
2
nation, or band, as the circumstances require, so long
3
as payment does not exceed 25 per centum of the total
4
value of the interests in land to be transferred by the
5
tribe, nation, or band; and
6
(F) sold, only if at the time of sale the Secretary
7
has entered into an option agreement or contract of sale
8
to purchase other lands of approximate equal value.
9
(h) Land or natural resources acquired by the Secretary
10 in trust for the Passamaquoddy Tribe and the Penobscot
11 Nation shall be managed and administered in accordance
12 with terms established by the respective tribe or nation and
13 agreed to by the Secretary in accordance with section 102 of
14 the Indian Self-Determination and Education Assistance
15 Act (88 Stat. 2206), or other existing law.
16
(i)(1) Trust or restricted land or natural resources
17 within the Passamaquoddy Indian Reservation or the Penob18 scot Indian Reservation may be condemned for public pur19 poses pursuant to the Maine Implementing Act. In the event
20 that the compensation for the taking is in the form of substi21 tute land to be added to the reservation, such land shall
22 become a part of the reservation in accordance with the
23 Maine Implementing Act and upon notification to the Secre-
24 tary of the location and boundaries of the substitute land.
25 Such substitute land shall have the same trust or restricted
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21
1 status as the land taken. To the extent that the compensation
2 is in the. form of monetary proceeds, it shall be deposited and
3 reinvested as provided in paragraph (2) of this subsection.
4
(2) Trust land of the Passamaquoddy Tribe or the Pe-
5 nobscot Nation not within the Passamaquoddy Reservation
6 or Penobscot Reservation may be condemned for public pur7 poses pursuant to the Maine Implementing Act. The proceeds
8 from amy such condemnation shall ·be deposited in the land
9 acquisition fund established by section 5 (c) and shall be rein10 vested in acreage within unorganized or unincorporated areas
11 of the State {)f Maine. When the proceeds
a~e
reinvested in
12 land whose acreage does not exceed that of the land taken, all
13 the land shall be acquired in trust. When the proceeds are
14 invested in land whose acreage exceeds the acreage of the
15 land taken, the respective tribe or nation shall designate, with
16 the approval ·of the United States, and within thirty days of
17 such reinvestment, that portion of the land acquired by the
18 reinvestment, not to exceed the area taken, which shall be
19 acquired in trust. The land not acquired in trust shall be held
20 in fee by the respective tribe or nation. The Secretary shall
21 certify,
~n
writing, to the Secretary of .State of the State of
22 Maine the location, boundaries, and status of the land
23 acquired.
24
(3) The State of Maine shall have initial jurisdiction
25 over condemnation proceedings brought under this section.
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1 The United States shall be a necessary party to any such
2 condemnation proceedings. After exhaustion of all State ad3 ministrative remedies, the United States is authorized to seek
4 judicial review of all relevant matters in the courts of the
5 United States and shall have an absolute right of removal, at
6 its discretion, over any action commenced in the courts of the
7 State.
8
(j) "When trust or restricted land or natural resources of
9 the Passamaquoddy Tribe, the Penobscot Nation, or the
10 Houlton Band of Maliseet Indians are condemned pursuant
11 to any law of the United States other than this Act, the pro12 ceeds paid in compensation for such condemnation shall be
13 deposited and reinvested in accordance with subsection (i)(2)
14 of this section.
15
16
APPLICATION OF STATE LAWS
SEc. 6. (a) Except as provided in section 8(e) and sec-
17 lion 5(d)(4), all Indians, Indian nations, or tribes or bands
18 of Indians in the State of Maine, other than the Passama19 quoddy Tribe, the Penobscot Nation, and their members, and
20 any lands or natural resources owned by any such Indian,
21 Indian nation, tribe or band of Indians and any lands or
22 natural resources held in trust by the United States, or by
23 any other· person or entity, for any such Indian, Indian
24 nation, tribe, or band of Indians shall be subject to the civil
25 and criminal jurisdiction of the State, the laws of the State,
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1 and the civil and criminal jurisdiction of the courts of the
2 State, to the same extent as any other person or land therein.
3
(b)(1)
The
Passamaquoddy
Tribe,
the
Penobscot
4 Nation, and their members, and the land and natural re-
5 sources owned by, or held in trust for the benefit of the tribe,
6 nation, or their members, shall be subject to the jurisdiction
7 of the State of Maine to the extent and in the manner proS vided in the Maine Implementing Act and that Act is hereby
9 approved, ratified, and confirmed.
10
. I
(2) Funds appropriated for the benefit of Indian people
11 or for the administration of Indian affairs may be utilized,
12 consistent with the purposes for which they are appropriated,
13 by the Passamaquoddy Tribe and the Penobscot Nation to
14 provide part or all of the local share as provided by the Maine
15 Implementing Act.
16
(3) Nothing in this section shall be construed to super-
17 sede any Federal laws or regulations governing the provision
18' or funding of services or benefits to any person or entity in
19 the State of Maine unless expressly provided by this Act.
20
(4) Not later than October 30, 1982, the Secretary is
21 directed to submit to the appropriate committees of the House
22 of Representatives and the Senate having jurisdiction over
23 Indian affairs a report on the Federal and State funding
24 provided the Passamaquoddy Tribe and Penobscot Nation
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1 compared with the respective Federal and State funding in
2 other States.
3
(c) The United Stales shall not have any criminal ju-
4 risdiction in the State of Maine under the provisions of sec-
5 tions 1152, 1153, 1154, 1155, 1156, 1160, 1161, and 1165
6 of title 18 of the United Stales Code. This provision shall not
7 be effective until sixty days after the publication of notice in
8 the Federal Register as required by subsection 4(d) of this
9 Act.
10
(d)(1)
The Passamaquoddy Tribe,
The Penobscot
11 Nation, and the Houlton Band of Maliseet Indians, and all
12 members thereof, and all other Indians, Indian nations, or
13 tribes or bands of Indians in the State of Maine may sue and
14 be sued in the courts of the State of Maine and the United
15 States to the same extent as any other entity or person resid16 ing in the State of Maine may sue and be sued in those
17 courts; and section 1362 of title 28, United States Code,
18 shall be applicable to civil actions brought by the Passama-
19 quoddy Tribe, the Penobscot Nation, and the Houlton Band
20 of Maliseet Indians: Provided, however, That the Passama21 quoddy Tribe, the Penobscot Nation, and their officers and
22 employees shall be immune from suit to the extent provided
23 in the Maine Implementing Act.
24
(2) Notwithstanding the provisions of section 3477 of
25 the Revised Statutes, as amended, the Secretary shall honor
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25
1 valid final orders of a Federal, State, or territorial court
2 which enters money judgments for causes of action which
3 arise after the date of the enactment of this Act against either
4 the Passamaquoddy Tribe or the Penobscot Nation by
5 making an assignment to the judgment creditor of the right to
6 receive income out of the next quarterly payment from the
7 settlem· nt fund established pursuant to section 5 (a) of this
e
8 Act and out of such future quarterly payments as may be
9 necessary until the judgment is satisfied.
10
(e)(1) The consent of the United States is hereby given
11 to the State of Maine to amend the Maine Implementing Act
12 with respect to either the Passamaquoddy Tribe or the Penob-
13 scot Nation: Provided, That such amendment is made with
14 the agreement of the affected tribe or nation, and that such
15 amendment relates to (A) the enforcement or application of
16 civil, · criminal, or regulatory laws of the Passamaquoddy
17 Tribe, the Penobscot Nation, and the State within their re18 spective jurisdictions; (B) the allocation or determination of
19 governmental responsibility of the State and the tribe or
20 nation over specified subject matters or specified geographical
21 areas, or both, including provision for concurrent jurisdiction
22 between the State and the tribe or natio'f!-; or (C) the alloca23 tion of jurisdiction between tribal courts and State courts.
24
(2) Notwithstanding the provisions of subsection (a) of
25 this section, the State of Maine and the Houlton Band of
S<li\!li"·' V JUIIO!JIIN ;nJI ~~II pmmpo!ld:llf
�26
1 M aliseet Indians are authorized to execute agreements re-
2 garding the jurisdiction of the State of Maine over lands
3 owned by or held in trust for the benefit of the band or its
4 members.
5
(f)
The Passamaquoddy Tribe and the Penobscot
6 Nation are hereby authorized to exercise jurisdiction, sepa7 rate and distinct from the civil and criminal jurisdiction of
8 the State of Maine, to the extent authorized by the Maine
9 Implementing Act, and any subsequent amendments thereto.
10
(g) The Passamaquoddy Tribe, the Penobscot Nation,
11 and the State of Maine shall give full faith and credit to the
12 judicial proceedings of each other.
13
(h) Except as other wise provided in this Act, the laws
14 and regulations of the United States which are generally ap15 plicable to Indians, Indian nations, or tribes or bands of In16 dians or to lands owned by or held in trust for Indians,
17 Indian nations, or tribes or bands of Indians shall be appli18 cable in the State of Maine, except that no law or regulation
19 of the United States (1) which accords or relates to a special
20 status or right of or to any Indian, Indian nation, tribe or
21 band of Indians, Indian lands, Indian reservations, Indian·
22 country, Indian territory or land held in trust for ~ndians,
23 and also (2) which affects or preempts the civil, criminal, or
24 regulatory jurisdiction of the State of Maine, including,
!>.lo\!l(J.IV (UIIIl!lllN <H(IlU pa;>n(lOJda,U
�t.
27
1 without limitation, laws of the State relating to land use or
2 env. ronmental matters, shall apply within the State.
i
3
'" (i) As federally recognized Indian tribes, the Passama-
4 qu(Jddy Tribe, the Penobscot Nation, and the Houlton Band
5 of Maliseet Indians shall be eligible to receive all of the fi6 nancial benefits which the United States provides to Indians,
7 Indian nations, or tribes or bands of . Indians to the same
8 extent and subject to the same eligibility criteria generally
9 applicable to other Indians, Indian nations or tribes or bands
10 of Indians.
The Passamaquoddy Tribe,
the Penobscot
11 Nation, and the Houlton Band of Maliseet Indians shall be
12 treated in the same manner as other federally recognized
13 tribes for the purposes of Federal taxation and any lands
14 which are held by the re_pective tribe, nation, or band subject
s
15 to a restriction against alienation or which are held in trust
16 for the benefit of the respective tribe, nation, or band shaU be
17 considered Federal Indian reservations for purposes of Fed-
18 eral taxation.
19
20
TRIBAL ORGANIZATION
SEc.. 7. (a) The Passamaquoddy Tribe, the Penobscot
21 Nation, and the Houlton Band of M aliseet Indians may each
22 organize for its common welfare and adopt an appropriate
23 instrument in writing to govern the affairs of the tribe,
24 nation, or band when each is acting in its governmental ca-
25 pacity. Such instrument and any amendments thereto must
s;}l\!lf~.l \'1" JUUO!JUN <llJ~ .J U
paJnpo.ula-'
�28
1 be consistent with the terms of this Act and the Maine Imple-
2 menting Act. The Passamaquoddy Tribe, the Penobscot
3 Nation, and the Houlton Band of Maliseet Indians shall
4 each file with the Secretary a copy of its organic governing
5 document and any amendments thereto.
6
(b) For purposes of benefits under this Act and the rec-
7 ognition extended the Houlton Band of Maliseet Indians, no
8 person who is not a citizen of the United States may be con9 sidered a member of the Houlton Band of Maliseets, except
10 persons who, as of the date of this Act, are enrolled members
11 on the band's existing membership roll, and direct lineal de12 scendants of such members. Membership in the band shall be
13 subject to such further qualifications as may be provided by
14 the band in its orgainc governing document or amendments
15 thereto subject to the approval of the Secretary.
16
17
IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
SEC.
8. (a) The Passamaquoddy Tribe or the Penobscot
18 Nation may assume exclusive jurisdiction over Indian child
19 custody proceedings pursuant to the Indian Child Welfare
20 Act of 1978 (92 Stat. 3069). Before the respective tribe or
21 nation may assume such jurisdiction over Indian child custo22 dy proceedings, the respective tribe or nation shall.present to
23 the Secretary for approval a petition to assume such jurisdic-
24 tion and the Secretary shall approve that petition in the
25 manner prescribed by sections 108(a)-(c) of said Act.
S;M!l(:l.IV (I!IIO!JIIN iH(Illl
pa:mpo.ulalJ.
�*'
29
1
(h) Any petition to assume jurisdiction over Indian
2 child custody p~qc,e.edings by the Passamaquoddy Tribe or
3 the Penobscot Nation shall be considered and determined by
4 the Secretary in accordance
wit~
sections 108 (h) and (c) of
5 the Act.
I
6
(c) Assumption of jurisdiction under this section shall
7 . not affect any action or proceeding over which a court has
8 a/ready assum_~d j"!risdiction.
9
(d) For the purposes of this section, the Passamaquoddy
10 Indian Reservation and the Penobscot Indian Reservation
11 ar:e "reservatio. s" within section 4(10) of the Act.
n
12
,(e) For the purposes of this section, the Houlton Band of
13 Maliseet Indians is an "Indian tribe" within section 4(8) of
14 the Act, provided, that nothing in this subsection shall alter
15 or effect the jurisdiction of the State of Maine over child
16 welfare matters as provided in subsection 6(e)(2J. of this Act.
17
(f) Until the Passamaquoddy Tribe or the Penobscot
18 Nation has assumed exclusive jurisdiction over the Indian
19 child custody proceedings pursuant to this section, the State
20 of Maine shall have exclusive jurisdiction over Indian child
I
21 . custody proceedings of. that tribe or nation.
!WA!IJ().ty I
JtmopuN ;np • 11 pa:mpo!ld<ru
1
�30
1
EFFECT OF PAYMENTS TO PASSAMAQUODDY TRIBE, PE-
2
NOBSCOT NATION,
3
SEET INDIANS
4
SEc. 9. (a) No payments to be made for the benefit of
AND HOULTON BAND OF MALI-
5 the Passamaquoddy Tribe, the Penobscot Nation, or the
6 Houlton Band of M aliseet Indians pursuant to the terms of
7 this Act shall be considered by any agency or department of
8 the United States in determining or computing the eligibility
9 of the State of Maine for participation in any financial aid
10 program of the United States.
11!
(b) The eligibility for or receipt of payments from the
12 State of Maine by the Passamaquoddy Tribe and the Penob13 scot Nation or any of their members pursuant to the Maine
14 Implementing Act shall not be considered by any department
15 or agency of the United Stales in determining the eligibility
16 of or computing payments to the Passamaquoddy Tribe or the
17 Penobscot Nation or any of their members under any finan18 cial aid program of the United States: Provided, That to the
19 extent that eligibility for the benefits of such a financial aid
20 program is dependent upon a showing of need by the appli21 cant, the administering agency shall not be barred by this
22 subsection from considering the actual financial s.ituation of
23 the applicant.
24
(c) The availability of funds or distribution of funds
25 pursuant to section 5 of this Act may not be considered as
s.u!'P·'V IUUII!lt!N 01t1J tu pa:utpo.tda-u
�~
31
llJ-
1-
1 income or resources or otherwise utilized as the basis (1) for
2 denying any Indian household or member thereof participa3 tion in any federally assisted housing program, (2) for deny-
of
~e
4 ing or reducing the Federal financial assistance or other Fed5 eral benefits to which such household or member would other-
Jf
6 wise be entitled, or (3) for denying or reducing the Federal
Jf
7 financial assistance or other Federal benefits to which the
y
8 Passamaquoddy Tribe or Penobscot Nation would otherwise
d
9 be eligible or entitled.
10
e
11
DEFERRAL OF CAPITAL GAINS
SEc. 10. For the purpose of subtitle A of the Internal
12 Revenue Code of 1954, any transfer by private owners of
e
13 land purchased or otherwise acquired by the Secretary with
t
14 moneys from the land acquisition fund whether in the name
I
I
15 of the United States or of the respective tribe, nation or band
~
16 shall be deemed to be an involuntary conversion within the
17 meaning of section 1033 of the Internal Revenue Code of
18 1954, as amended.
19 TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE
20
21
OF MAINE
SEc. 11. All funds of either the Passamaquoddy Tribe
22 or the Penobscot Nation held in trust by. the State of Maine
23 as of the effective date of this Act shall be transferred to the
24 Secretary to be held in trust for the respective tribe or nation
25 and shall be added to the principal of the settlement fund
s-•M!\Iil·•'v JlliiO!JII N "lll !JI!
pannpo.Hia~r
��~
31
·~
1 income or resources or otherwise utilized as the basis (1) for
2 denying any Indian household or member thereof participa-
3 tion in any federally assisted housing program, (2) for deny-
4 ing or reducing the Federal financial assistance or other Fed5 eral benefits to which such household or member would other-
6 wise be entitled, or (3) for denying or reducing the Federal
7 financial assistance or other Federal benefits to which the
8 Passamaquoddy Tribe or Penobscot Nation would otherwise
9 be eligible or entitled.
10
11
DEFERRAL OF CAPITAL GAINS
SEC. 10. For the purpose of subtitle A of the Internal
12 Revenue Code of 1954, any transfer by private owners of
13 land purchased or otherwise acquired by the Secretary with
14 moneys from the land acquisition fund whether in the name
15 of the United States or of the respective tribe, nation or band
16 shall be deemed to be an involuntary conversion within the
17 meaning of section 1033 of the Internal 'Revenue Code of
18 1954, as amended.
19 TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE
20
21
OF MAINE
SEC. 11. All funds of either the Passamaquoddy Tribe
·22 or the Penobscot Nation held in trust by the. State of Maine
23 as of the effective date of this Act shall be transferred to the
24 Secretary to be held in trust for the respective tribe or nation
25 and shall be added to the principal of the settlement fund
S;)l\!1111.1 \' IUUII!JUN ·"'II <J u ,p;mn po.l'lla
�32
1 allocated to that tribe or nation. The receipt of said State
2 funds by the S ecr·etary shall constitute a full discharge of
3 any claim of the respective tribe or nation, its predecessors
4 and successors in interest, and its members, may have
5 against the State of Maine, its officers, e1nployees, agents,
6 and representatives, arising from the administration or man7 agement of said State funds. Upon receipt of said State
8 funds, the Secretary, on behalf of the respective tribe and
9 nation, shall execute general releases of all claims against the
10 State of Maine, its officers, employees, agents, and repre11 sentatives, arising from the administration or management of
12 said State funds.
13
14
OTHER CLAIMS DISCHARGED BY TillS ACT
SEC. 12. Except as expressly provided herein, this Act
15 shall constitute a general discharge and release of all obliga16 tions of the State of Maine and all of its political subdivi-
17 sions, agencies, departments, and all of the officers or em18 ployees thereof arising from any treaty or agreement with, or
19 on behalf of any Indian nation, or tribe or band of Indians
20 or the United States as trustee therefor, including those ac21 tions now pending in the United States District Court for the
22 District of Maine captioned United States of America
23 against State of Maine (Civil Action Nos. 1966-ND and
24 1969-ND).
sa.\!1(.).1 \" llniii!JUN a111
~1:
pa:mpo.ulalf
�t.
33
1
2
LIMITATION OF ACTIONS
SEc. 13. Except as provided in this Act, no provision of
3 this Act shall be construed to constitute a jurisdictional act,
4 to confer· jurisdiction to sue, or to grant implied consent to
5 any Indian, Indian nation, or tribe or band of Indians to sue
6 the United States or any of its officers ·with respect to the
7 claims extinguished by the operation of this Act.
8
9
AUTHORIZATION
SEC. 14. There is hereby authorized to be appropriated
10 $81,500,000 for the fiscal year beginning October 1, 1980
11 for transfer to the funds established by section 5 of this Act.
12
13
INSEPARABILITY
SEC. 15. In the event that any provision of section 4 of
14 this Act is held invalid, it is the intent of Congress that the
15 entire Act be
invalidat~d.
In the event that any other section
16 or provision of this Act is held invalid, it is the intent of
17 Congress that the remaining sections of this Act shall contin18 ue in full force and effect.
19
20
CONSTRUCTION
SEC. 16. (a) In the event a conflict of interpretation
21 between the provisions of the lJtlaine Implementing Act and
22 this Act should emerge, the provisions pf this Act shall
23 govern.
24
(b) The provisions of any Federal law enacted after the
25 date of enactment of this Act for the benefit of Indians,
S;J,\!II:uy JUUO!JliN ;Jlf.J ~~~ JJ;J:lllpo.tdalJ
�34
] Indian nations, or tribes or bands of Indians, which would
2 affect or preempt the application of the laws of the State of
3 Maine, including application of the laws of the State to lands
4 owned by or held in trust for Indians, or Indian nations,
5 tribes, or bands of Indians, as provided in this Act and the
6 Maine Implementing Act, shall not apply within the State of
7 Maine, unless such provision of such subsequently enacted
8 Federal law is specifically made applicable within the State
9 of Maine.
S.U!IJ:l.IV (l!UO!JIIN •li\IJflJ U ·\J!llD (I;pOtt~Hi
�Union Calendar No. 820
"96TH00NGRESS
2D SESSION
H R 7919
•
•
[Report No. 96-1353]
A BILL
To provide for the settlement of land claims of Indians, Indian nations and tribes and bands of Indians
in the State of :Maine, including the Passamaquoddy
Tribe, the Penobscot Nation, and the Houlton Band
of Maliseet Indians, and for other purposes.
AUGUST
1, 1980
Referred to the Committee on Interior and Insular Affairs
SEPTEMBER
19, 1980
Reported with an amendment, committed to the Committee
of the Whole House on the State of the Union, and ordered to be printed
��
Dublin Core
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National Archives and Records Administration
Description
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The following government documents have been provided by the National Archives, Washington, DC.
Text
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Identifier
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NARA021
Title
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Draft of H.R. 7919 (Maine Indian Claims Settlement Bill, House of Representatives) (09/19/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/19/1980
Source
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NARA
Committee on Interior & Insular Affairs, Legislative Files: House Bills, HR 7919, Box 138; 96th Congress; Records of the U.S. House of Representatives, RG 233; National Archives, Washington, DC.
Language
A language of the resource
English
Description
An account of the resource
House of Representatives draft of the bill. Section 4 corresponds to what we now know as 25 U.S.C. 1723. Section 6(h) corresponds to what we now know as 25 U.S.C. 1725(h). This version of the bill does contain a Section 16 (the section that we now know as 25 U.S.C. 1735).
Type
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Text
Documents
Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Public Domain
1723
1725(h)
1735(b)
Application of State Law
Draft Bill
Extinguishment of Claims
Jurisdiction
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/1e7d6581ce25a43cc458b0d008cedcbd.pdf?Expires=1712793600&Signature=LboHLMHHam6gsAgW4xsHqIk4UaoNelkrlXo0pGD8sjz4iWIRpF7Cx5bpDcjfIyiZpVyQlYPW6%7EJMPbK-kkA0FdrJOwZcuc3DGy27C24%7EYsZ6CdQ%7EAoWh2ZLXQ6cZmyy9fBw5ldaUPBKOQbcbp3uB%7EUkBW5bhGBgfIk0xjOsQXt6UpxKLwwXfBTp-HrJf3lnY9X4JVK6FPSBUG3eZ4gpck5bXD3NuGrmFg0Sw0JOMyWpbbSfJnzZCv67pSPBAW19TLcSp8fwu%7EtsanVavI2EQ3gp8RX%7EepltTCEL4jWgQiNRUxpZisRM9gg2va3mst0E77kyyTqoMaaKt3VXv1vv%7EyQ__&Key-Pair-Id=K6UGZS9ZTDSZM
d5829f79fc7aeccec40b3ab095150e5d
PDF Text
Text
, Olllll.\ll nt fhc 1
\ntilHHII 1 Gllivcs
h
II
Calendar No. l 050
96TH CONGRESS
2D SESSION
s. 2829
[Report No. 96-957]
To provide for the settlement of land claims of Indians, Indian nations and tribes
and bands of Indians in the State of Maine, including the Passamaquoddy
Tribe, the Penobscot Nation, and .the Houlton Band of Maliseet Indians, and
for other purposes. · ·
IN THE SENATE OF THE UNITED STATES
JUNE 13 Oegislative day, JuNE 12), 1980
Mr. CoHEN (for himself and Mr. MITCHELL) introduced the following bill; which
was read twice and referred to the Select Committee on Indian Affairs
SEPTEMBER 17 Oegislative day, JUNE 12), 1980
Reported by Mr. MELCHER, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic] -
A BILL
To provide for the settlement of land claims of Indians, Indian
nations and tribes and bands of lndians in the State of
Maine, including the Passamaquoddy Tribe, the Penobscot
Nation, and the Houlton Band of Maliseet Indians, and for
other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
�nprn Juucd ll1
th~
:llitJ n:l l.!\.J'Chi"lt!.
3
1
Council et the PassaHHtquoddy TFibe, itt the sueecssoF
2
jH inteFest te the aboFiginal entity geneFally lmo\vn
3
the PassaHutquoddy TFibe, =r.vhieh YOOffl ttge claimed
4
aboFiginal -title t6 eeftain laHtle
5
m the State
fliS'
et Maine.
f6j !f.he Houlton &00 et Maliseet In.dians,
fliS'
rep-
et the -time et passage et th:iH Aet by the
6
Fesented
7
Houlton &00 Cormeil, itt the sueeessof
8
te laHtle ...vithin the United States, te the aboFiginal
9
entity geneFally knov;n
fbS
fliS'
· inteFest,
m
fliS'
the Maliseet TFibe, vihieh
claimed aboFiginal title te certain lafltle Ht
10
YOOffl
11
the State ttl Maine.
12
fl;g6
AA
8ubstan:tial economic ftftd secial haFdsb:ip te
tli
13
l&ge numbef ttl lando...~'llefs, citizens, tlifld eommrmities
14
mthe State ttl Maine, tlifld theFefoFe -te the economy ttl
15
the State ef liaine
16
mentioned claims
17
tliS tli
flffl
\"\.rftole, will res-1flt if the afoFe
ftet Fesolved pFomptly.
ffj ~ :i\:et fCJ:lfCScnts
tli
good faith efiert en the
18
part ef GongFess te pFo'Yide the PassRmaquoddy TFibe,
19
the Penobscot Nation, tlintl the Houlton &00 ef Mtlili-
20
soot Indian:s with a f.aiT tlifld jttst settlement ef their
21
ltlifld claims. In the absence ef eongFessional action,
22
thetre ltlifld claims v;ould he puFsued· through the couFts,
23
· a pFocess =r.vhieh in tlill lilrelihood =rvvould consume fflRfl:Y
24 .
YOOffi an6: thereby pFomotc hostility tlifld rmceFtainty in
25
the State ef llaine te the ultiinate detFiment ttl the
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lt f:t tI 1 f f ~J t ~ f I l~ .: Jf ~ j. r j i t t
r ~ f 'f ~ t f
~
r f ~ ;p~ 1- f~ ttf f ~~ r 1· cit~ 1 [ 1 ~ ~
.
r f
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li}~t.~~~~~ ririi~1Jllt
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�5
et Maine
1
expenditures by the Stare
2
Stare et Maine 'Nithout being required te
3
erttllaw, it ffi. the intent et Congress thftt the Stare et
4
Maine Re-t be required further te contribute directly te
5
thitt claims settlement.
6
WIt ie the purpose et tffis. l.cet
Stare et Maine resulting £rem Indian claims;
~
9
10
oo s-e by Fed-
fB te remove the eleOO oo the ti-tles te ltmd in the
7
8
ftfid Hi-ttde by the
te clarify the status
et 6iheT
ltmd and natural
resources in the Stare et liaine;
00 te ratify the
11
Maine Implementing Aet, v;hieh
12
defines the relationship bet'.veen the Stare
13
t:bftd the Passamaquoddy
14
et Maine
Nation; ood
~
and the Penobscot
W te confirm that all 6iheT Indians, Indian
15
16
tiefts. ftn6: tribes ftn6: bands et Indians
17
existing er recognized in the Stare ef Maine
18
gfi.aJl
er hereafter
Biffi
ftn6:
be subject te all ffiws ef the Stare ef Maine.
19
20
ft6W
na-
DEFINITIONS
SB&. &.- Fer purposes ef tffis. Aet, the term
21
W
22
the lia1iseet
23
4, 1789, ffiHi all itfr predecessors ood successors in in-
24
terest, ..,vhieh,
et the dftte ef passage ef tffis. Aet,
Biffi
25
represented, as te lands \Vithin the United States,
ey
"Houlton Bood ef Maliseet Indians" 1neans
~
ftS-
et Indians
ftS-
constituted oo March
�Ri!pt·ulluu~u
al
th~
'nliunnl .\l'chivc.
6
~
1
the Houlton
2
Council e:f the Houlton
~
e:f
Maliseet Indians.
W "Land:
3
ar ether natural resourees" means ftftY
ether natural resources,
4
retlil property
5
est in ar rigftt involving ooy retbl. property ar ether ftf1t-
6
ural resources, including lffit Mthout limitation miner
7
affi. arul mineral rights, timber arul ti.Irtbcr rights, water
8
arul Ylatcr rights, arul hunting arul fishing rights.
6r
6r ttny
ffi.ter-
7
W
9
''Land }. . cqffisition Fund'' means the Maine
10
Indian Claims hanti
11
uOOer section
Funa established
eW ei this- Aek
W ":Uw;;s
12
~'\:equisition
6f the State" means the Constitution,
13
ftftd aM statutes, regulations, ftftd common laws 6f the
14
State
15
subsequent amendments thereto ar judicial interpreta
16
.tiooft thereof.
6f Maine ftRtl its political subdivisions, ftftd sJl
W ''Maine
17
Im:plementiRg At#!- means the !.!Aet t6
18
Implement the Mame Indian Claims Settlement" en-
19
ftetOO
20
¥ate ftfld Special ;bawg 6f 1979.
ey the State ef Maine
21
00
22
tOOse l-antls
''Passamaquoddy Indian Reservation'' means
I
M
defiRed in the Maine Implementing Aek
(gt ''Passamaquoddy Territory'' means tOOse l-antls
23
24
in chapter
M
defined m the Maine Implementing Aek
�W
1
"Passamaquoddy Tribe" n1eoos the Passama
2
quoddy Indian Tribe,
3
fbll6: -all its- predecessors ood successors in interest,
4
\vhieh
5
sented
6
quoddy Tribe, with separate Councils flit -the Indian
7
To·wnship ood Pleasant Feint ReseFvations.
8
9
10
11
12
ttS-
Htntis
ttS-
~
constituted
6fi
:AittFeh 4, 1789,
e:f the date e:f passage e:f -this- Aet,
ey
~
ttS-
repre
fbfe
the Jeint Tribal Council e:f the Passama
''Penobscot Indioo Reservation'' means th6se
defined in the Maine Implementing Aet;.
"Penobscot Indioo Territory" meoos th6se
Htntis defined in -the :Alaine Implementing Aet;.
W ''Penobscot Nation'' meoos the Penobscot
13
14
-the date e:f passage e:f -this- Aet
16
I
its- predecessors ood successors in interest, \vhieh
15
..
Indioo Nation
Penobscot Nation Governor ood Council.
17
18
19
20
ttS-
constituted
G) '' SeeretttFy''
6fi
MttFeh 4, ±-189, fbll6: all
flffl
represented
ttS-
ey
et
the
means the SeeretttFy e:f the
Interior.
(mj "Settlement Fund" means the Maine Indian
Claims Settlement
~
established Uftder section
eW
21
22
W "Transfer" includes bitt is
net limited t6 ooy
23
voluntttFy er involuntttFy frfhle;- groot, loofte, allotment,
24
partition, er e-ther conveyance; ooy transaction -the pur-
25
l**ffi e:f ·v:hieh
wtliB
te effee.t
tli
frfhle;- grant, loofte, ttlle-t-
�8·
1
ffteftt, partition, er conveyance; oo6: ttny B;et, event, er
2
eireumstanee -tlrat resulted in a change ffi title .00, pes-
3
session ef; dominion
4
natural resources.
5
e¥&;
er control
et land er ather
APPROVAL eF PRIOR TRANSFHRS AND HXTINOUISIIMHNT
6
eF INDIAN TITLE :1\:NB OLAIMS e¥ If1HB PASSA:MA
7
QUODDY TRIBH, If1HB PBNOBSOOT NATION, If1HB IIOUL
8
PeN BANB eF :MALISBBT INDIANS, :1\:NB ANY OTIIHR
9
INDIANS, INDIAN NATION, eH TRIBE eH BAND eF IN-
10
DIANS WITIIIN If1HB STATH eF 1\fAINH
11
SH&. 4: WfB Aey transfer ef laOO er ather natural re-
12 sources located all)"vvhere vvithin the United States £rem, by;
13 er oo behalf e£ the Passamaquoddy Tribe, the Penobscot
14 Nation, the Houlton Band et Maliseet Indians, er any et .theif
15 members, and any transfer
et land er ather natural resources
16 located any'Nhere ·within the State
et Maine, £rem, by,~ en
17 behalf ef flifiY Indian, Indian nation, er tribe er OOrul
18
OOS;"
et Indi-
including bitt . .vithout limitation any transfer pursuant te
.
19 any treaty, compact, er statute
et any State, shall he deemed
20 te ft.a¥e heefl: made in aeeordanee with the Constitution and
21 alllftws. ef the United States,
~neluding
bm v:ithout limitation
22 the Trade and Intercourse Aet ef 1790, Aet ef July~ -1-+00
2 3 feb-; g.g, see; 4,
± Stat-; -±-3+, -±-&8}, ood all amendments
there
24 te and all subsequent reenactments flifift versions thereof, ood
�9
1 Congress hereby ~ approve tmd fflitify tliftY ffiieft transfer
2 effeetiYe as et the ~ at said transfer.
3
~
Aey transfer et ltMttl er ether natural resourees le-
4 eared anyv;here v;ithin the State ef MaiRe, frem, by, er oo
5 behalf ef ttey Indian Ration, er tribe er btmd
et Indians ffi-
6 eluding bttt 'vithout limitatioR aey transfer pursuaRt te aey
7 treaty, compact er statute
et
aey State, shall be deen1ed te
8 ~ beoo made ffi accordance with the laws- ef the State,
9 ood CoRgress hereby deefr approve ood fflitify ooy ffiieft traRs
10 fer effective ttS ef the date ef said transfer.
11
AA
Aey transfer ef laRd er ether Ratural resources le-
12 ettted anywhere
13 behalf
vli~hiR
the State et MaiHe, frem, by, er oo
et ttey individual IndiaH, .."vhich occurred prier
te
Ik-
14 comber±;- 1878, includiNg but vlithout limitatioR ooy transfer
15 pursuaNt te aey treaty, compacter statute
16 be dee1ned te
~
et ooy State, shall
beoo made ffi accordance with the laws- et
17 the State, ood Congress hereby deefr approve ood fflitify ooy
18 ffiieft transfer effective
19
ttS
ef the tlftte ef Sftid transfer.
W ~ the extent tlmt ttey transfer et lood er ether fl:tttti-
20 ral resources described ffi section
4W fH:ftY involve lood er
21 ether natural resources t6 ...,vhich the Passamaquoddy Tribe,
22 the PeNobscot NatioH, the Houlton Band et Maliseet Indians,
23 er ooy ef their members, er aey ether Indian, Indian nation,
24 er tribe er btmd ei Indians fiOO aboriginal -title, subsection
S. 2829-rs--2
�f{ cprmluc.:d a t th.: t \ati u nal \ r .:hh'cl'
10
1 4W sftttll be regarded
2 · title M
extinguishment
M ffit
et Sftitl aboriginal
et the ffibte et Stieft transfer.
W By virtue et the approval anti ratification ef a trans
3
4 fur
et land er ether natural resources effected by thffl section,
5 er the extinguishment ef aboriginal title effected thereby, all
6 claims against the United States, ftBY State er subdivision
7 thereof, er aey ether person er entity,
ey the Passama<fUoddy
8 Tribe, -the Penobscot Nation, the Houlton BftHtl ef .Maliseet
9 Indians er aey ef theff mefflhers er by aey
6theF Indian,
10 Indian nation, tfi.be er Dantl ef Indians, er aey predecessors
11 er sueeessors in interest thereof, ar.ising at the time ef er
12 subsequent te the transfer ttHd lmsOO oo aey intefest in er
13 figft£ involving Stieft loo:ti er ether natural resoUFees, inelud
14 ing hut -without limitation claims far trespass damages er
15 claims fer
16
M
Utffi· antl
oeeupaney, sftttll he deemed extinguished
ef the ffibte ef the transfer.
17
EH3'l'ABLISIIM:BN'f' e¥ FUNDS
SB&. &.- W ~ SeeretMy ef the Treasury! sftttll establish
18
19
ffit
aeeount in the Treasury ef the United States te be lrno=r.vn
20
tliS
the Maine fudian Claims
Settlement~
21 fer $27,000,000 £rem the general
~
antl sftttll trans
ef -the Treasury iHte
22 Stieft aeeount following -the appropriation authorized by see-
24
Wffi
One half ef the principal ef the Settlement ~
25 sftttll be held in ~
ey the
Secretary fer the benefit et the
�11
1 Passamaquoddy Tribe, ood the ether hBM ef the Settlement
2 1:4:tOO sltBJl he field ffi tft:tst fer the benefit ef the Penobscot
3 Nation.
Eooh poftion ef the Settlement Fmtd sltBJl he ffi.-
4 vested ttH:6: administered hy the Secretary ffi accordance with
5
rerms established by .tfte Passamaquoddy ~ &
the Penob
6 soot Nation, respectively, ood agreed t6 hy the Secretary.
7
~
Secretary sltBJl accept reasonable -teFffis. fer investment
8 ood administration proposed by the Passamaquoddy
9 the Penobscot Nation
~1:thin
~
er
thirty days ef the dare oo v:hich
10 fie receives the proposed terms, ood, tffitil. fffl:eh -teFffis. h.-ave
11 been agreed upmt;- sltBJl fHf the -teFffis. fer the administration ef
12 the Settlement Fund. ~ Passamaquoddy ~
13 nobscot Nation
~
&
the Pe-
obtain judicial Fevic N in -the United
7
14 States District Court ffir the District ef :Alaine ef any refusal
15 hy the Secretary t6 accept reasonable -teFffis. Iffii fertft hy the
16 respective tribe er nation, er ef aey failure ef the Secretary
17 t6 administer fffl:eh ffinds. ffi aeeordanee with fffl:eh terms.
18
~Under
oo eireumstanees sltBJl any part ef the princi
19 pttl ef the Settlement Fmtd be distributed t6 either the Passa
20 maquoddy
~ &
the Penobscot Nation,
&
t6 ooy member
l
21 ef either tribe er nation: Pffl13ided, hewe13er,
j
22 herein sltBJl prevent reasonable investment ef the principal ef
~
nothing
23 s-aid Fmtd by the Secretary.
24
+B-) !ffte Secretary, oo a quarterly ~ sltBJl malre
25 available t6 the Passamaquoddy
~
tMtd the Penobscot
�12
1 Nation, v;ithout liability t6 er
6ft
-the part e£ -the United
2 States, ttfltl ..vvithout ftfiY deductions, ftfiY income derived ffflffl
3 tfittt portion 6f -the Settlement ~ allocated -te the respee
4 -tWe tfl.he er nation, the use 6f \vhieh shall be free ffflffl regu-
5 la-tffin by the Secretary: f>rffll8ided, kewef/3er, ~ the Pass a
6 maquoddy ~ ttfltl the Penobscot Nation annually shall
7 eooh expend the income ffflffl $1,000,000 6f tftcff portion ef
8 the Settlement ~ fur the benefit ef tftcff respective mem-
9 beffl wft6 ftfe e-ver the flig6 ef ~
10
W~
Secretary ef the Treasury shall establish oo ae-
11 OOUftt ffi -the Treasury 6f the United States t6 be lfnown oo
12 -the Maine Indian Claims ~ }. . cquisition ~ and shall
13 transfer $54,500,000 ffflffl the geHeral ftmds ei the Treasury
14 ffi:oo sueh account follovling the appropriation authorized by
15 section -l-3 ei tffi.s. Aek
16
~ ~
principal ef the ~ } . . equisition ~ shall be
17 held ffi -tmst by the Secretary
18
fB
fW
follo ...vs:
$900,000 shall be held fer the benefit ef the
19
Houlton Band ef Maliscct Indians t6 be used t6 pur-
20
eftase 5,000 aeres ei Maine Vloodland;
21
~
one half ef the balance ef the principal ef the
22
~
}. . equisition ~ shall be held by the Secretary
23
fer the benefit ef the Passamaqt1:ofldy Tribe; ttfltl
�~
~
~
~
~
~
~
0
~
~
~
00
~
~
i3 :.
l : !
r. r
~
~
~
~
:r
~
~
--~
0
~
""""'_,.---0.-=-
~
......,. ___
00
-----=-:,-
~.
~
..
·-
~
---
~
~
f.
~.
:
ri
~.
t
ti'tit_fllt
~ m
{~
~
~
'---:::T"":::"-'
ll] l[f._f~
ti:rt<r<r;tr
f.
~
~
w ~ $.
~
~
l !!_f~f:!·[t~
r
tff.ff[J$.
· I ~~.
~
~
...
~
$.
~
l:
1
~
�C.JI•:uducctl at the ' aliunal ;\,·chives
14
1 restraint
6ft
alienation by virtue 6f beffig held
mtffi.s.t by the
2 United States er the Secretary.
3
00 Any
transfer 6! laftd er ether natural resources
4 ..nithin the Passamaqttoddy Indian Territory er the Penohseot
5 Indian Territory, except takings fer public
usefr
consistent
6 with the Maine Implementing Aet er the laws 6! the United
7 States, er transfers
8 memher
at the Passamaquoddy !J!ribe er Penohseot Nation t6
9 another memher
10
at individual fudian assignments £rem 6fte
~ana
at the tffiiffie triBe er nation shall be ¥6id M.
\Vithout flillY validity ffi ffiw
&
equity unless fflfttie
11 by er with the consent 6! the respective triBe er nation
12 with the approval 6! the Secretary: P'fflvided, howe'l7e'P,
ana
~
13 the Secretary a-nd the respective triBe er nation shall have
14 authority t6 approve ooly transfers ei timher OOti ether ftflitu-
15 ffil resources; leases at lan6: fer
fli
term n6t t6 exceed fifty
16 years; exchanges 6! loot¥, ana transfers
at
17 Tal resources the proceeds
18 v;ithin tw6 years19
W l1flilld
which
at the date 6f the
acquired
ana
at lan6: er ether. ftflittt-
Bre
reinvested ffi lan6:
receipt 6! sueft proceeds.
held by the Secretary fer the
20 benefit 6! the Passamaquoddy !J!ribe ood the Penobscot
21 Nation shall be managed
ana
administered ffi aeeordanee
22 with teflrut estahlished by the respective triBe er nation ood
23 agreed t6 by the Secretary. !J!fte Secretary shall aeeept roo-
24 sonahle teflrut fer management
ana
administration proposed
25 by~ Passamaquoddy !J!ribe er the Penohseot Nation \vithin
�15
~
tiay-s e:f the dttte
v;hieh lffi receives the proposed
6ft
terms, ttHd i:tftti.l sooh ~ lm¥e beeR agreed iipfffl sht1Jf fut
the ~ fer management ftfHi administration 6f B-ftid lands.
4 ~ Passmaquoddy ~ er the Penobscot Nation m:tty
5 obtain judicial reviev; in the United States District Court fer
6 the District et Alaine 6f aey refusal
7 reasonable
8 er
et aey
~
failure
et the Secretary t6 accept
put ferth by the respective tribe er nation,
et the
Secretary te administer sooh lafl.tls. in
9 accordance with sooh terms.
fgt ffi the twffllt
10
et
ft
taking 6f lftnd er ftft:Y interest in
11 laRd o\vned hy er held: in tfltst fer the Passamaquoddy Tribe,
12 the Penobscot Nation er the Houlton Barul
fer public
13
flilffi
14
~ .ffi
ti:Sefr
pursuant te the ~
et Maliseet ffidi.-
et the Sta-te er the
the United States, the Secretary sht1Jf reinvest the
15 money received in ether lafl.tls. fer the respective tribe, nation
16 er b-aR-d +Vithin twe yet}ffi
7
et the date oo which the
money ffi
1 7 received. Atty lafl.tls. se acquired sht1Jf be approved by the
18 affected tribe, nation,
19
~
fmnd, Bifid sht1Jf be subject t6 the
6f tJH.g Aet ftfHi the Maine Implementing Ae-k
20
21
&
APPLIOA'FION SF S'FA'FB LA\VS
SB&. th W Except
22 fbh W, ftfl:ti
W 6f this
23 tribes, ttnd bands
ag
othervvise provided in subsections
section, ftll Indians, Indian nations,
et Indians in the Sta-te et Maine, ether thoo
24 the Passamaquoddy ~ ood the Penobscot Nation ood
25 their me1nbers, ood ftll lafl.tls. er ether natural resources
�16
1 O\vned by er held ffi tffis.t by the United States, er by
tmy
2 ether person er entity fur tt;ny Sttelt Indian, Indian nation er
3 -tfibe,
6f
hood ei Indians, sft.tMl he suhj oct te the ei¥il ttnd
4 criminal jurisdiction ei the State, the lftws ei the State, ttnd
5 t-e the ei-vil ttnd criminal jurisdiction ei the courts et the State,
6 te the
7
SffiOO
extent as- flillY ether person er ffind therein.
W~
Passamaquoddy Tribe, the Penobscot Nation,
8 their members, tlfMl the laHd O\vned hy er heM: fer the benefit
9 et the Passamaquoddy Tribe, the Penobscot Nation,
ana their
10 metnbers, sft.tMl be subject t-e the jurisdiction et the State
11 Maine te the extent ttnd in the manner provided in the
12 Implementing :A:e-k
~
et
~Iaine
}.Iaine Implementing Aet is hereby
13 approved, ratified ftfl6: eoHfirmed, ftfl6: the provisioHs ef the
14 MaiHe ImplemeHting Aet \vhich hereafter become effective,
15 including any subsequent amendments pursuant te subsection
16 W, are incorporated hy reference as- fuHy as- if set ferth
17 herein. -The Maine Implementing Aet sft.tMl fl6t he subject t-e
18 the proYisions
et section -1-9±9 ei title ~ ei the United States
19 Code.
20
W~
Passamaquoddy Tribe, the PeHobseot Nation,
21 the Houlton &00 ffi Malis cot Indians, tlfMl tiM melfthcrs
22 thereof, and tiM ether Indians, Indian nations, er tribes, er
23 Dan$ ffi IndiaHs ffi the State ffi Maine may
fffie
ttnd he ffl:teii
24 iH the courts 6f the State 6f Maine and the United States t6
25 the
SffiOO
extent as- flillY ether entity er person residing iH the
�17
1
~
2
~ heweBC'P, ~the
ei :A{aine may
Stte
ftftd be StJ:ed ffi these courts: Pffl...
Passamaquoddy Tribe, the Penob
3 Boot Nation, tliftd tfteff officers tliftd employees sfittl.l. be
4 innnune from ffifi.t t6 the extent provided ffi -the ~{aine Imple
5 n1enting Ae-k ffi the e¥eftt .tftftt either the Passamaquoddy
6
~ &
7
ffiCftt
the Penobscot Nation fuilft t6 pay aey money j-Htlg-
entered against it v.rithin ni:fJ:ety
~
ft!ter eRtry et fi.ftal
8 judgment, the Secretary sfittl.l. fH1iY aey s-ueh money judg1nent
9 from that portion et the income et the Settlement lCuftd heM:
10 fer the respective tfibe m: nation. Afty person flisserting
11 money judgment a;gainst either the Pflissflimfliquoddy
12 the Penobscot Nflition m:ay
ffiffi
ft
~ &
the Seeretfliry ffi the United
13 States District Court fer the District et Maine fer any s-ueh
14 flimount tiu&.-
W Congress hereby consents t6 aey amendment t6 the
15
16
~{fliine
Implementing Aet with respect t6 either the Passflimfli
17 quoddy
~
m: Penobscot Nation provided tltftt s-ueh amend
18 men:t if! ffi:8ide with the fligreement et s-ueh tfibe
nflition.
W ~ Passflimaquoddy ~ ftftd the Penobscot Nflition
19
20
&
ttre
hereby fliuthorized t6 exercise jurisdiction, separate t\iftd
21 distinct from the eWil ftftd criminal jurisdiction et the State et
22 ~{fliine, t6 the extent fliuthorized by the Maine Implementing
23 Aet, ttftd aey subsequent amendments thereto.
24
00
~
United Stflites, every Stflite, every territory
&
25 possession et the United Stflites, ttftd every Indiaa1 nflition ttftd
S. 2829-rs--3
�18
1 tr.ibe oo6: Dtmd et Indians BhtlJ:l gWe fu:ll fuith oo6: &edit te the
2 judicial proceedings
et the Passamaquoddy ~ ~ the Pe-
3 nobseot Nation. ~ Passamaquoddy ~ ~ the Penob
4 soot Nation BhtlJ:l
5 eeedings
gWe full fuith ftfl:ft &edit t6 the judicial pre-
et etteh 6th& fliftti
-t6 the judicial proceedings
et the
6 United States, every State, every territory er possession
et
7 the United States, and every recognized Indian nation and
8 tr.ibe oo6: Dtmd et Indians.
9
tgj Except as provided in this Aet, the
10 United States v;hieh relate
6f
~
et the
accord special status er rights
11 te Indians, Indian nations, tribes, and bands
et
Indians,
12 Indian lands, Indian reservations, Indian country, Indian ter13 ritory, er laHds held ffi tft:ts.t :fer Indians, BhtlJ:l Re-t ttpply
14 'tVithin the StMe
et
Maine: Previded, heweve'f',
~
the
15 Passamaquoddy Tribe, the Penobscot Nation, ftfl:ft the Houl
16 t6n &rui
et
Maliseet Indians BhtlJ:l be eligible t6 reeeiv=e ftl.l
17 the financial benefits Yvvhieh the United States provides talfl-
18 dians, Indian nations ood tribes er bands
et
Indians t6 the
19 same extent ootl subj eet t6 the same eligibility criteria
gen~r
20 aHy applicable t6 6th& Indians, Indian nations, er tribes er
21 bands
et Indians and fer the
purposes et determining eligibil
22 tty fur sueh financial benefits, the respective tribe, nation,
23 and Dtmd BhtlJ:l be deemed .00 be federally recognized Indian
24 tribes: A-nd pfflvided f'tt'Pthe'f', ~the Passamaquoddy Tribe,
25 the Penobscot Nation, and the Houlton &rui
et Maliseet In-
�.cprmlun~d atthl' ~ ati,mal \n:hin:~
19
1 ffi.tm:g ~ he considered federally recognized Indian tribes
2 fer the purposes 6f Federal tMation oo4 aey laftds. ovmed by
3 er held ffi trust fer the respective ~ nation, er 0000 ~
4 be considered Federal Indian reservations f6f purposes 6f
5 Federal taxation.
6
7
lM:PLBMBN'FATION eF lf1IIB INDIAN OIIILD JNBLFABB :Aerfl
SB&. !f.-: W ~ Passamaquoddy
~
er the Penobscot
8 Nation ffiftY assume exclusive jurisdiction ever Indian effil6:
9 custody proceedings pursuant t6 section ±-9G± 6f title
~
10 United States Code. Before: the respective tribe er nation
11 ffiftY assume s-ueh jUFisdiction ever Indian effil6: custody pre12 ecedings, the respective tribe er nation shall present t6 the
13 Secretary fer approval a petition te assume s-ueh jurisdiction
14 ftftd the Secretary ~ approve tOOt petition iB the manner
15 prescribed by section 1918(a) (e) ffi title
~
United States
16 Code.
17
W Any petition te assume jurisdiction ever Indian effil6:
18 custody proceedings by the
19 nobseot Nation
~
Passamaquoddy~
be considered ftftd determined by the
20 Secretary ffi accordance with section ±9±8 W and
21
22
~United
er the Fe-
W ffi title
States Code.
W }_cssurnption ffi jurisdiction under this section
~
23 fiet afteet aey action er proceeding ever \vhieh a eeurt ft.att
24 already assumed jurisdiction.
�20
1
tdj Fer the purposes 6f -thitt section, the Passamaquoddy
2 Indian ReseFvation ftftd the Penobscot Indian ReseFvation
3 shall be deemed 416 be "FeseFvations" ;vithin section 1908(10)
4 6f title %;- United States Code, ftfld the Passamaquoddy
5 ~ ood the Penobscot Nation shall be deemed -te be
6 "Indian tFibes" \vithin section 1908(8) 6f title %;- United
7 States Code.
8
W Yfttil the
Passamaquoddy
~
er the Penobscot
9 Nation htbft assumed exclusive juFisdietion
ev&
the Indian
10 ehild custody pFoeeedings puFsuant t6 -thitt section, the State
11 61 Maine shall fttw.e exclusive juFisdiction
e¥er
the Indian
12 ehild custody pFoeeedings 61 that -tfffle er nation.
13
BPPBO':F
PAYMB~t':FS
e¥
'Fe-
PASSAMAQUODDY
':FRIDEl,
14
PBNODSOO'f' NA'f'ION, :AND IIOUL'f'ON B:z\NB eP MALI
15
SEH¥P INDIANS
16
8:B&. &
W N-e
payments t6 be made fer the benefit e£
17 the Passamaquoddy TFibe, the Penobscot Nation, and the
18 Houlton Rand 61 Maliseet Indians puFsuant t6 the terms- e£
19 4ffl Aet shall be consideFed by f1fiY agency er department e£
20 the United States in determining
6f
computing the State e£
21 Maine's eligibilitj· fer pai"tieipation in f1fiY financial ffid pre22 gram 6f the United States.
23
W -The
24 &ate 6f
eligibility fer
~{aine
25 tteei Nation
&
6f
receipt 61 payments £rem the
hy the Passamaquoddy
~
and the Penob
aey 61 -tfteif members pursuant t6 the Maine
�Rcprmlun·d a t the .\ atio u:ll .\ rrhin::-
21
1 ImplementiBg Aet er fliH:Y 6ther law ef the Stttte 6f ~{aiBe
2 sftttH ft6t be eoBsidered
by fliH:Y department er ageBey ef the
3 UBited States ffi determining tft.e eligibility ef er eomputiBg
4 payments t6 the Passamaquoddy
5 NatioB er fliH:Y
et their
~
er the PeBohseot
memhers under fliH:Y fiBaBeial ffid pre-
6 gram ef the UBited States.
7
W~
availooilieyr ef ~ er distrihution ef ~
pttr-
8 Sttftfl:t t6 seetioB 6 6f this Aet ffl:ftY oot be considered as
9 iBeome er resources er otherv;ise utilized as the
~ (-B
fer
10 denying fliH:Y lBdiaB household er member thereof partieipa
11 tien ffi ftf1:Y federally assisted housing program,
~
fer tiooy-
12 ffig er reducing the Federal fmaBeial assistan:ee er 6ther Fed-
13 erttlheRefits t6 \vhieh Stteh household er memher \vould etft14 er,vise be eBtitled, er ~ ffir dceyiRg er redueiRg the Federal
15 fiRaa1eial assistaBee er 6ther Federal "Benefits t6 \vhieh the
16 Passamaquoddy
~
er PeRohseot Natiofl vlould other\Vise
17 be eBtitled.
18
19
DEFERRAL eF OAPI'FAL GAINS
SE&. fh
~
20 ReveBue Gtffi:e
the purpose ef suhtitle A
et 1954,
et the
lRterRal
ooy traRsfer by private ov;ners ef
21 lftRd purchased by the Secretary with moReys frem the l:taRd
22 1.\equisitioB FtiRd sftall be deemed t6 be oo iRvoluntftfy
OOR-
23 version v;ithiB the meaBiBg ef section -±003 ef the lRterBal
24 ReveRue Gtffi:e ef 1954, as ameBded .
.I
�Rt•prnducl·d al l ht• .\"a li nnal \sT h i,·e:
22
1
TRANSF:BR e¥ TRIBAL TRUS'F FUNDS fHH:7B B¥ lf1HB STAT:B
2
e¥ MAHi:B
3
SH&. -:Hh All flmds.
~
eitheF the Passamaquoafly !:_l'!fibe
4 er the Penobscot Nation held ffi tffi:st by the State ~ Maine
5
ftB ~the
effective dttte
~
.tftis Aet shall :00 tfansfeFFea te the
6 SeeFetaFy te :00 held ffi tffi:st fer the Fespeetive tFffle er nation
7 ttnd shall De aaaed te the pFineipal ~ the Settlement F-und
8 allocatee te -that tFffle er nation. !£fie deliveFy ~ Sftid State
9 flmds. te the SeeFetaFy shall De aeeeptea
10 ttny elaim
~
mfuH disehaFge ~
the Fespeetive tFffle er nation, its pFedeeessoFs
11 ttnd sueeessoFs ffi inteFest, and its- me~beFs, against the State
12 ~Maine, its- offieeFs, employees, agents, ttn6: repFesentatives,
13 arising frem the administration er management ~ Sftid State
14 funds. Ypen Feeeipt ~ sffid State fl:l:Hds, the Secretary, oo
15 behalf
~
the
Fe~peetive
tFffle and nation, shall execute
16 general releases ~all claims against the State~ Maine, its
17 officers, employees, agents, ftRd representatives aFising frem
18 the administration er mooagement ~ sffid State funds.
19
20
O'FII:BR OLAIMS DISOIIARO:BD B¥ 1fliiiS :A&.P
SH&. -±-h- Except
21 shall constitute
tli
ftB
expFessly pFovided herein, .tftis Aet
geneFal discharge and Felease ~ all ohliga
2 2 tiens ef the State ef Maine tliR6: all ef its political subdivisions,
23 agencies, depaFtments, and all ef the officers er employees
24 thereof arising frem tliftY treaty er agFeement with; er oo
25 hehalf ef.; ttny Indian, Indian nation, er tFffle er ltfm:d ef ffiffi-
�23
1
tlifffi &
the United States
~
trustee therefor, including the-se
2 actions presently pending in -the United States District Court
3 fer -the District ef
~{aine
captioned United States ef }.Lmerica
4 against Stftte ef
~{aine
fGi-¥il }.Lotion
~
1966 ND ftfld
5 1960 ND).
6
LIMI'FA'±'ION SF AO'FIONS
SB&. -1-B-:- Except ~ provided in thffi :A:et, ne provision ef
7
8 thffi Aet ffhal± he construed t6 constitute
9 oo confer jurisdiction t6 sue;
Hf}f
ft
jurisdictional oot;-
t6 gfftftt implied eonsent t6
10 ftftY Indian, Indian nation er tribe er lmn6: ef Indians t6
Stte
11 the United States er ftftY ef itH officers with respect t6 the
12 claims extinguished by the operation ei this Aek
13
AU'FHORIZA'FION
SB&. -1-3-: There is- hereby authorized t6 be appropriated
14
15 $81,500,000 fer transfer t6 Mie furuls. established by seetion e
16 ef tffis Aek
17
I~fSEPARABILI'FY
SB&.-!+. tit -the e¥efl:t -tfl..a.t ooy provision ef seetion 4 ef
18
19 tffis Aet is- held invalid, it is- -the iHtent ef Congress tft.tbt -the
20 entire Aet be iHvalidated. tit the e¥efl:t -tfl..a.t ooy ether section
21
&
provision ef this- Aet is- held invalid, it is- Mie intent ef
22 Congress ~ -the remaining sections ef thffi Aet ffhal±
23 continue in full feree fliHd effeet.
24 That this Act may be cited as the "Maine Indian Claims
25 Settlement Act of 1980 ".
�~
~ ll pnnluc.L~d al lhL' !\alillual . \l'rhiH~
"-!
24
1 CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
2·
SEC. 2. (a) Congress hereby finds and declares that:
3
(1) The Passamaquoddy Tribe, the Penobscot
4
Nation, and the Maliseet Tribe are asserting claims for
5
possession of lands within the State of Maine and for
6
damages on the ground that the lands in question were
7
originally transferred in violation of law, including,
8
but without limitation, the Trade and Intercourse Act
9
of 1790 (1 Stat. 137), or subsequent reenactments or
10
versions thereof.
11
(2) The Indians, Indian nations, and tribes and
12
bands of Indians, other than the Passamaquoddy
13
Tribe, the Penobscot Nation, and the Houlton Band of
14
Maliseet Indians, that once may have held aboriginal
15
title to lands within the State of Maine long ago aban-
16
doned their aboriginal holdings.
17
(3) The Penobscot Nation, as represented as of
18
the time of passage of this Act by the Penobscot Na-
19
tion 's Governor and Council, is the sole successor in
20
interest to the aboriginal entity generally known as the
21
Penobscot Nation which years ago claimed aboriginal
22
title to certain lands in the State of Maine.
23
(4) The Passamaquoddy Tribe, as represented as
24
of the time of passage of this Act by the Joint Tribal
25
Council of the Passamaquoddy Tribe, is the sole sue-
\.)-
~
cv
~
�25
1
cessor tn interest to the aboriginal entity generally
2
known as the Passamaquoddy Tribe which years ago
3
claimed aboriginal title to certain lands in the State of
4
Maine.
5
(5) The Houlton Band of Maliseet Indians, as
6
represented as of the time of passage of this Act by the
7
Houlton Band Council, is the sole successor in inter-
8
est, as to lands within the United States, to the ab-
9
original en.(ity generally. known as the Maliseet Tribe
10
which years ago claimed aboriginal title to certain
11
lands in the State of Maine.
12
(6) Substantial economic and social hardship to a
13
large number of landowners, citizens, and communities
14
in the State of Maine, and therefore to the economy of
15
the State of Maine as a whole, will result if the afore-
16
mentioned claims are not resolved promptly.
17
(7) This Act represents a good faith effort on the
18
part of Congress to provide the Passam.aquoddy Tribe,
19
the Penobscot Nation, and Houlton Band of Maliseet
20
Indians with a fair and just settlement of their land
21
claims. In the absence of congressional
22
land claims would be pursued through the courts~ a
23
process which in all likelihood would consume many
24
years and thereby promote hostility and uncertainty in
25
the State of Maine to the ultimate detriment of the
S. 2829-rs--4
ac~ion,
these
�allhl' :'\alioual . \rrhil · ~·-'
'
26
1
Passamaquoddy Tribe,
the Penobscot Nation,
the
2
Houlton Band of Maliseet Indians, their members, and
3
all other citizens of the State of Maine.
4
(8) The State of Maine, with the agreement of the
5
Passamaquoddy Tribe and the Penobscot Nation, has
6
enacted legislation defining the relationship between
7
the Passamaquoddy Tribe, the Penobscot Nation, and
8
their members, and the State of Maine.
9
(9) Since 1820, the State of Maine has provided
10
special services to the Indians residing within its bor-
11
ders, including the members of the Passamaquoddy
12
Tribe, the Penobscot Nation, and the Houlton Band of
13
Maliseet Indians. During this same period, the United
14
States provided few special services to the respective
15
tribe, nation, or band, and repeatedly denied that it
16
had jurisdiction over or responsibility for the said
17
tribe, nation, and band. In view of the provision of
18
special services by the State of Maine, requiring sub-
19
stantial expenditures by the State of Maine and made
20
by the State of Maine without being required to do so
21
by Federal law, it is the intent of Congress that the
22
State of Maine not be required further to contribute di-
23
rectly to this claims settlement.
24
(h) It is the purpose of this Act-
�'i{,•p•·udun •d a t IIH• .\' ·•titl ua l . \reh ir e ~
'
27
(1) to remove the cloud on the titles to land in the
1
2
State of Maine resulting from Indian claims;
(2) to clarify the status of other land and natural
3
4
resources in the State of Maine;
5
(3) to ratify the Maine Implementing Act, which
6
defines the relationship between the State of Maine
7
and the Passamaquoddy Tribe and the Penobscot
8
Nation, and
9
(4) to confirm that all other Indians, Indian na-
10
tions and tribes and bands of Indians now or hereafter
11
existing or recognized in the State of Maine are and
12
13
shall be subject to all laws of the State of Maine, as
provided herein.
14
15
16
1
17
DEFINITIONS
SEc. 3. For purposes of this Act, the term(a) "Houlton Band of Maliseet Indians" means
the sole successor to the Maliseet Tribe of Indians as
18
constituted in aboriginal times in what is now the
19
State of Maine, and all its predecessors and successors
20
in interest. The Houlton Band of Maliseet Indians is
21
represented, as of the date of the enactment of this Act,
22
as to lands within the United States, by the Houlton
23
24
Band Council of the Houlton Band of Maliseet
Indians;
�pr111l un·d at till' .' \ati uua l ,\1Thin·s
28
1
(b) "land or natural resources" means any real
2
property or natural resources, or any interest in or
3
right involving any real property or natural resources,
4
including but without limitation minerals and mineral
5
rights, timber and timber rights, water and water
6
rights, and hunting and fishing rights;
7
(c) "Land Acquisition Fund" means the Maine
8
Indian Claims Land Acquisition Fund established
9
under section 5(c) of this Act;
10
(d) "laws of the State" means the Constitution,
11
and all statutes, regulations, and common laws of the
12
State of Maine and its political subdivisions and all
13
subsequent amendments thereto or judicial interpreta-
14
lions thereof,· ·.
15
(e) "Maine Implementing Act" means section 1,
16
section 30, and section 31, of the "Act to Implement
17
the Maine Indian Claims Settlement" enacted by the
18
State of Maine in chapter 732 of the Public Laws of
19
1979;
20
(f) "Passamaquoddy Indian Reservation" means
21
those lands as defined in the Maine Implementing Act;
22
(g) "Passamaquoddy Indian Territory" means
23
those lands as defined in the Maine Implementing Act;
24
(h) "Passamaquoddy Tribe" means the Passama-
25
quoddy Indian Tribe, as constituted in aboriginal
�29
1
ti1nes and all its predecessors and successors in inter-
2
est. The Passamaquoddy Tribe is represented, as of the
3
date of the enactment of this Act, by the Joint Tribal
4
Council of the Passamaquoddy Tribe, with separate
5
Councils at the Indian Township and Pleasant Point
6
Reservations;
7
8
9
10
11
(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
12
Indian Nation as constituted in aboriginal times, and
13
all its predecessors and successors in interest. The Pen-
14
obscot Nation is represented, as of the date of the en-
15
actment of this Act, by the Penobscot Nation Governor
16
and Council;
17
(l)
18
"Secretary" means the
Secretary of the
Interior;
19
(m) "Settlement Fund" means the Maine Indian
20
Claims Settlement Fund established under section 5(a)
21
of this Act; and
22
(n) "transfer". includes but is not limited to any
23
voluntary or involuntary sale, grant, lease, allotment,
24
partition, or other conveyance; any transaction the pur-
25
pose of which was to effect a sale, grant, lease, allot-
�30
1
ment, partition, or conveyance; and any act, event, or
2
circumstance that resulted in a change in title to, pos-
3
session of, dominion over, or control of land or natural
4
resources.
5
APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT
6
OF INDIAN TITLE AND CLAIMS OF THE PASSAMA-
7
QUODDY
8
HOULTON BAND OF MALISEET INDIANS, AND ANY
9
OTHER
TRIBE,
INDIANS,
THE
PENOBSCOT
INDIAN NATION,
NATION,
OR
TRIBE
THE
OR
10
BAND OF INDIANS WITHIN THE STATE OF MAINE
11
SEC. 4. (a)(1) Any transfer of land or natural resources
12 located anywhere within the United States from, by, or on
13 behalf of the Passamaquoddy Tribe, the Penobscot Nation,
14 the Houlton Band of Maliseet Indians, or any of their mem15 hers, and any transfer of land or natural resources located
16 anywhere within the State of Maine, from, by, or on behalf
17 of any Indian, Indian nation, or tribe or band of Indians,
18 including but without limitati.on any transfer .pursuant to
19 any treaty, compact, or statute of any State, shall be deemed
20 to have been made in accordance with the Constitution and
21 all laws of the United States, including but without limita22 lion the Trade and Interc~urse Act of 1790, Act of July 22,
23 1790 (c~. 33, sec. 4, 1 Stat. 137, 138), and all amendments
24 thereto and all subequent reenactments and versions thereof,
25 and Congress hereby does approve and .ratify any such trans-
�31
I
fer effective as of the date of said transfer: Provided, however,
2 That nothing in this section shall be construed to affect or
3 eliminate the personal claim of any individual Indian
4 (except for any Federal common law fraud claim) which is
5 pursued under any law of general applicability that protects
6 non-Indians as well as Indians.
7
(2) The United States is barred from asserting on
8 behalf of any Indian, Indian nation, or tribe or band of Indi9 ans any claim under the laws of the State of Maine arising
10 before the date Of this Act aild arising from any transfer of
11 land or natural resources by any Indian, Indian nation, or
12 tribe or band of Indians, located anywhere within the State
13 of Maine, including but without limitation any transfer purl 4 suant to any treaty, compact, or statute of any State, on the
15 grounds that such transfer was not made in accordance with
16 the laws of the State of Maine.
17
(3) The United States is barred from asserting by or on
18 behalf of any individual Indian any claim under the laws of
19 the State of Maine arising from any transfer of land or natu20 rat resources located anywhere within the State of Maine
21 from, by, or on behalf of any individual Indian, which oc-
22 curred prior to December 1, 1873, including but without lim23 itation any transfer pursuant to any treaty, compact, or stat24 ute of any State.
�~
lh!(JJ"IIIIucl'd at the t\:1ti uual .- •·chin::\
~
-~
~-
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,......,
~·
Q.)
~
cv
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~
32
1
(b) To the extent that any transfer of land or natural
2 re~ources described in subsection (a)(1) of this section may
3 involve land or natural resources to which the Passamaquod4 dy Tribe, the Penobscot Nation, the Houlton Band of Mali5 seet Indians, or any of their members, or any other Indian,
6 Indian nation, or tribe or band of Indians had aboriginal
7 title, such subsection (a) (1) shall be regarded as an extin-
8 guishment of said aboriginal title as of the date of such
9 transfer.
10
(c) By virtue of the approval and ratification of a trans-
11 fer of land or natural resources effected by this section, or the
12 extinguishment of aboriginal title effected thereby, all claims
13 against the United States, any State or subdivision thereof,
14 or any other person or entity, by the Passamaquoddy Tribe,
15 the Penobscot Nation, the Houlton Band of Maliseet Indians
16 or any of their members or by any other Indian, IrJ-dian
17 nation, tribe or band of Indians, or any predecessors or suc-
18 cessors in interest thereof, arising at the time of or subsequent
19 to the transfer and based on any interest in or righ(involving
20 such land or natural resources, including but without limita-
21 lion claims for trespass damages or claims for use and occu22 pancy, shall be deemed extinguished as of the date of the
23 transfer.
24
(d) The provisions of this section shall take effect imme-
25 diately upon appropriation of the funds authorized to be ap-
"*
�~tlit1duccd uh thc ~uti ltmrl A·l'clm'cl'
33
1 propriated to implement the provisions of section 5 of this
\j
2 Act. The Secretary shall publish notice of such appropriation
3 in the Federal Register when such funds are appropriated.
4
5
ESTABLISHMENT OF FUNDS
SEC. 5. (a) There is hereby
~stablished
in the United
6 States Treasury a fund to be known as the Maine Indian
7 Claims Settlement Fund in which $27,000,000 shall be de-
8 posited following the appropriation of sums authorized by
9 section 14 of this Act.
10
(h)(1) One-half of the principal of the Settlement Fund
11 shall be held in trust by the Secretary for the benefit of the
12 Passamaquoddy Tribe, and the other half of the Settlement
13 Fund shall be held in trust for the benefit of the Penobscot
14 Nation. Each portion of the Settlement Fund shall be ad15 ministered by the Secretary in accordance with reasonable
16 terms established by the Passamaquoddy Tribe or the Penob17 scot Nation, respectively, and agreed to by the Secretary:
18 Provided, That the Secretary may not agree to terms which
19 provide for investment of the Settlement Fund in a manner
20· not in accordance with section ·1 of the Act of June 24, 1938
21 (52 Stat. 1087), unless the respective tribe or nation first
22 submits a specific waiver of liability on the part of the
23 United States for any loss which may result from such an
24 investment: Provided further, That until such terms have
25 been agreed upon, the Secretary shall fix the terms for the
�RqJnu!urt·ll a l 1h1 ; 'a liona l
·\
;;;
'\.)
~
~
~
";
~
cv
~
~
t....;j
C1::l
34
1 administration of the portion of the Settlement Fund as to
2 which there is no agreement.
3
(2) Under no circumstances shall any part of the princi-
4 pal of the Settlement Fund be distributed to either the Passa-
5 m.aquoddy Tribe or the Penobscot Nation, or to any member
6 of either tribe or nation: Provided, however, That nothing
7 herein shall prevent the Secretary from investing the princi-
8 pal of said fund in accordance with paragraph (1) of .this
9 subsection.
10
(3) The Secretary shall make available to the Passama-
11 quoddy Tribe and the Penosbscot Nation in quarterly pay-
12 ments, without any deductions except as expressly provided
13 in subsection 6(d)(2) and without liability to or on the part of
14 the United States, any income received from the investment
15 of that portion of the Settlement Fund allocated to the respec16 live tribe or nation, the use of which shall be free of regula17 tion by the Secretary. The Passamaquoddy Tribe and the
18 Penobscot Nation annually shall each expend the income
19 from $1,000,000 of their portion of the Settlement Fund for
20 the benefit of their respective members who are over the age of
21 sixty. Once payments under this paragraph have been made
22 to the tribe or nation, the United States shall have no further
23 trust responsibility to the tribe or nation or their members
24 with respect to the sums paid, any subsequent distribution of
25 these sums, or any property or services purchased therewith.
~
'f:;jT
�Rcp rmluc•·ll a l tht· .' \a li uu a l . \ r ch in:~
a\
35
1
(c) There is hereby established in the United States
2 Treasury a fund to be known as the Maine Indian Claims
3 Land Acquisition Fund in which $54,500,000 shall be de-
4 posited following the appropriation of sums authorized by
5 section 14 of this Act.
6
(d) The principal of the Land Acquis·ition Fund shall be
7 apportioned as follows:
8
9
10
11
12
13
(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.
14 The Secretary is authorized and directed to expend, at the
15 request of the affected tribe, nation or band, the principal and
16 any income accruing to the respective portions of the Land
17 Acquisition Fund for the purpose of acquiring land or natu18 ral resources for the Passamaquoddy Tribe, the Penobscot
19 Nation, and the Houlton Band of M aliseet Indians and for
20 no other purpose. The first one hundred arid fifty thousand
21 acres of land or natural resources acquired for the Passama-
22 quoddy Tribe and the first one hundred and fifty thousand
23 acres acquired for the Penobscot Nation within the area de24 scribed in the Maine Implementing Act as eligible to be in-
25 eluded within the Passamaquoddy Indian Territory and the
�produced nt the l"ntinnal ,\rchin:~
1 Penobscot Indian Territory shall be held in trust by the
2 United States for the benefit of the respective tribe or nation.
3 The Secretary is also authorized to take in trust for the
4 Passamaquoddy Tribe or the Penobscot Na.tion any land or
5 natural resources acquired within the aforesaid area by pur6 chase, gift, or exchange by such tribe or nation. Land or
7 natural resources acquired outside the boundaries of the
8 aforesaid areas shall be held in fee by the respective tribe or
9 nation, and the United States shall have no further trust
10 responsibility with respect thereto. Land or natural resources
11 acquired within the State of Maine for the Houlton Band of
12 Maliseet Indians shall be held in- trust by the United States
13 for the benefit of the band: Provided, That no land or natural
14 resources shall be so acquired for or on behalf of the Houlton
15 Band of Maliseet Indians without the prior enactment of ap16 propriate legislation by the State of Maine approving such
17 acquisition: Provided further,
That the Passamaquoddy
18 Tribe and the Penobscot Nation shall each have a one-half
19 undivided interest in the corpus of the trust, which shall con20 sist of any such property or subsequently acquired exchange
21 property, in the event the Houlton Band of Maliseet Indians
22 should terminate its interest in the trust.
23
(4) The Secretary is authorized to, and at the request of
24 either party shall, participate in negotiations between the
25 State of Maine and the Houlton Band of Maliseet Indians
I
~
~
~
~
36
~
~
~
..
,......
:--;
~
~
~
cv
~
~
.s
~
�R cprmlln:~d a t the N:lli t~ nal ,\rchin:s
37
1 for the purpose of assisting in securing agreement as to the
2 land or natural resources to be acquired by the United Stales
3 to be held in trust for the benefit of the Houlton Band. Such
4 agreement shall be embodied in the legislation enacted by the
5 State of Maine approving the acquisition of such lands as
6 required by section 5(d)(3). The agreement and the legisla-
7 lion shall be limited to:
8
(A)
provisions
providing
restrictions
against
9
alienation or taxation of land or natural resources held
10
in trust fQr the Houlto?'L Band no less restrictive than
11
those provided by this Act and the Maine Implement-
12
ing Act for land or natural resources to be held in trust
13
for the Passamaquoddy Tribe or Penobscot Nation;
14
(B) provisions limiting the power of the State of
15
Maine to condemn such lands that are no less restric-
16
tive than the provisions of this Act and the Maine Im-
I
17
plementing Act that apply to the Passamaquoddy
'
18
Indian Territory and the Penobscot Indian Territory
19
but not within either· · the Passamaquoddy Indian Res-
20
ervation or the Penobscot Indian Reservation;
I
21
(C) consistent with the trust and restricted char-
22
acter of the lands, provisions satisfactory to the State
23
and the Houlton Band concerning:
24
(i) payments by the Houlton Band in lieu of
25
payment of property taxes on land or natural re-
�,{cprullm'l'll al lhl~ :\'alioual .\l 'r lli ,·l'·'
~
~
c...,
38
1
sources held in trust for the band, except that the
2
band shall not be deemed to own or use any prop-
3
erty for governmental purposes under the Maine
4
Implementing Act;
5
(ii) payments of other fees and taxes to the
6
extent imposed on the Passamaquoddy Tribe and
7
the Penobscot Nation under the Maine Imple-
8
menting Act, except that the band shall not be
9
deemed to be a governmental entity under the
10
Maine Implementing Act of to have the powers of
11
a municipality under the Maine Implementing
12
Act;
13
(iii) securing performance of obligations of
14
the Houlton Band arising after the effective date
15
of agreement between the State and the band;
16
(D) provisions on the location of these lands.
17 Except as set forth in this subsection, such agreement shall
18 not include any other provisions regarding the enforcement or
19 application of the laws of the State of Maine. Within one
20 year of the date of enactment of this Act, the Secretary is
21 directed to submit to the appropriate committees of the House
22 of Representatives and the Senate having jurisdiction over
23 Indian affairs a report on the status of these negotiations.
24
(e) Notwithstanding the provisions of section 1 of the
25 Act of August 1, 1888 (25 Stat. 357), as amended, and sec-
~
~
'iff
�Rcp m tl un·t l at thl~ : \ ati< lllal . \ r ,· hi rc~
'
39
1 tion 1 of the Act of February 26, 1931 (46 Stat. 1421), the
2 Secretary may acquire land or natural resources under this
3 section from the ostensible owner of the land or natural re4 sources only if the Secretary and the ostensible owner of the
5 land or natural resources have agreed upon the identity of the
6 land or natural resources to be sold and upon the purchase
7 price and other terms of sale. Subject to the agreement re8 quired by the preceding sentence, the Secretary may institute
9 condemnation proceedings in order to perfect title satisfactory
10 to the Attorney General of the United States and condemn
11 interests adverse to the ostensible owner. Except for the pro12 visions of this Act, the United States shall have no other
13 authority to acquire lands or natural resources in trust for
14 the benefit of Indians or Indian nations, or tribes, or bands
15 of Indians in the State of lVIaine.
16
(f) The Secretary may not expend on behalf of the
17 Passamaquoddy Tribe, the Penobscot Nation, or the Houlton
18 Band of Maliseet Indians any sums deposited in the funds
19 established pursuant to the subsections (a) and (c) of this
20 section unless and until he finds that authorized officials of
21 the respective tribe, nation, or band have executed appropri22 ate documents relinquishing all claims to the extent provided
23 by sections, 4, 11, and 12 of this Act and by section 6213 of
24 the Maine Implementing Act, including stipulations to the
25 final judicial dismissal with prejudice of their claims.
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(g)(1) The provisions of section 2116 of the Revised
2 Statutes shall not be applicable to (A) the Passarrtaquoddy
3 Tribe, the Penobscot Nation, or the Houlton Band of Mali4 seet Indians or any other Indian, Indian nation, or tribe or
5 band of Indians in the State of Maine, or (B) any land or
6 natural resources owned by or held in trust for the Passama-
7 quoddy Tribe, the Penobscot Nation, or the Houlton Band of
8 Maliseet Indians or any other Indian, Indian nation or tribe
9 or band of Indians in the State of Maine. Except as provided
10 in subsections (d)(4) and (g)(2), such land or natural ret 1 sources shall not otherwise be subject to any restraint on
12 alienation by virtue of being held in trust by the United
13 States or the Secretary.
14
(2) Except as provided in paragraph (3) of this subsec-
15 lion, any transfer of land or natural resources within Passa16 maquoddy Indian Territory or Penobscot Indian Territory,
17 except (A) takings for public uses consistent with the Maine
18 Implementing Act, (B) takings for public uses pursuant to
\
19 the laws of the United States, or (C) transfers of individual
20 Indian use assignments from one member of the Passama-
21 quoddy Tribe or Penobscot Nation to another member of the
22 same tribe or nation, shall be void ab initio and without any
23 validity in law or equity.
24
(3) Land or natural resources within the Passama-
25 quoddy Indian Territory or the Penobscot Indian Territory
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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 the Act of August 9, 1955 (69 Stat. 539), as amended;
(B) leased in accordance with the Act of May 11,
1938 (52 Stat. 347), as amended;
8
9
10
11
(C) sold in accordance with Section 7 of the Act
of June 25} 1910 (36 Stat. 857), as amended;
(D) subjected to rights-of-way in accordance with
the Act of February 5, 1948 (62 Stat. 17);
12
13
of equal value, or if they are not equal, the values
14
shall be equalized by the payment of money to the
15
.
f
(E) exchanged for other land or natural resources
grantor or to the Secretary for deposit in the Land Ac-
16
quisition Fund for the benefit of the affected tribe,
17
nation, or band, as the circumstances require, so long
18
as payment does not exceed 25 per centum of the total
19
value of the interests in land to be transferred by the
20
tribe, nation, or band; and
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(F) sold, only if at the time of sale the Secretary
22
has entered into an option agreement or contract of sale
23
to purchase other lands of approximate equal value.
24
(h) Land or natural resources acquired by the Secretary
25 in trust for the Passamaquoddy Tribe and the Penobscot
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1 Nation shall be managed and administered in accordance
2 with terms established by the respective tribe or nation and
3 agreed to by the Secretary in accordance with section 102 of
4 the Indian Self-Determination and Education Assistance
5 Act (88 Stat. 2206), or other existing law.
6
(i)(1) Trust or restricted land or natural resources
7 within the Passamaquoddy Indian Reservation or the Penob-
8 scot Indian Reservation may be condemned for public pur9 poses pursuant to the Maine Implementing Act. In the event
10 that the compensation for the taking is in the form of substi-
11 lute land to be added to the reservation, such land shall
12 become a part of the reservation in accordance with the
13 Maine Implementing Act and upon notification to the Secre14 tary of the location and boundaries of the substitute land.
15 Such substitute land shall have the same trust or restricted
16 status as the land taken. To the extent that the compensation
17 is in the form of monetary proceeds, it shall be deposited and
18 reinvested as provided in paragraph (2) of this subsection.
19
(2) Trust land of the Passamaquoddy Tribe or the Pen-
20 obscot Nation not within the Passamaquoddy Reservation
21 or Penobscot Reservation may be condemned for public pur22 poses pursuant to the Maine Implementing Act. The proceeds
23 from any such condemnation shall be deposited in the Land
24 Acquisition Fund established by section 5(c) and shall be
25 reinvested in acreage within unorganized or unincorporated
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1 areas of the State of Maine. When the proceeds are retn-
2 vested in land whose acreage does not exceed that of the land
3 taken, all the land shall be acquired in trust. When the pro4 ceeds are invested in land whose acreage exceeds the acreage
5 of the land taken, the respective tribe or nation shall desig6 nate, with the approval . of the United States, and within
7 thirty days of such reinvestment, that portion of the land ac8 quired by the reinvestment, not to exceed the area taken,
9 which shall be a?quired in trust. The land not acquired in
10 trust shall be held in fee by the respective tribe or nation. The
11 Secretary shall certify, in writing, to the Secr·etary of State
12 of the State of Maine the location, boundaries, and status of
13 the land acquired.
14
(8) The Stale of Maine shall have initial jurisdiction
15 over condemnation proceedings brought under this section.
16 The United States shall be a necessary party to any such
17 condentnation proceedings. After exhaustion of all State ad18 1ninisl1-ative remedies, the United States is authorized to seek
19 judicial review of all relevant matters in the courts of the
20 United Stales and shall have an absolute right of removal, at
21 its discretion, over any action commenced in the courts of the
22 State.
23
(j) When trust or restricted land or natural resources of
24 the Passamaquoddy Tribe, the Penobscot Nation, or the
25 Houlton Band of Maliseet Indians are condemned pursuant
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1 to any law of the United States other than this Act, the pro-
2 ·ceeds paid in compensation for such condemnation shall be
3 deposited and reinvested in accordance with subsection (i)(2)
4 of this section.
5
6
APPLICATION OF STATE LAWS
SEc. 6. (a) Except as provided in section 8, subsection
7 (e), all Indians, Indian nations, tribes or bands of Indians
8 in the State of Maine, other than the Passamaquoddy Tribe,
9 the Penobscot Nation, and their members, and any lands or
10 natural resources owned by any such Indian, Indian nation,
11 tribe or band of Indians and any lands or natural resources
12 held in trust by the United States, or by any other person or
13 entity, for any such Indian, Indian nation, tribe, or band of
14 Indians shall be subject to the civil and criminal jurisdiction
15 of the State, the laws of the State, and the civil and criminal
16 jurisdiction of the courts of the State, to the same extent ·as
17 any other person or land therein.
18
(b)(1)
The
Passamaquoddy
Tribe,
the
Penobscot
19 Nation, and their members, and the land and natural re20 sources owned by, or held in trust for ·the benefit of the tribe,
21 nation, or their members, shall be subject to the jurisdiction
22 of the State of Maine to the extent and in the manner pro23 vided in the Maine Implementing Act and that Act is hereby
24 approved, ratified, and confirmed.
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1
{2) Punds appropriated for the benefit of Indian people
2 or for the administration of Indian affairs may be utilized,
3 consistent with the purposes for which they are appropriated,
4 by the Passamaquoddy Tribe and the Penobscot Nation to
5 provide part or all of the local share as provided by the Maine
6 Implementing Act.
7
(3) Nothing in this section shall be construed to super-
S sede any Federal laws or regulations governing the provision
9 or funding of services or benefits to any person or entity in
10 the State of Maine unless expressly provided by this Act.
11
(4) Not later than October 30, 1982, the Secretary is
12 directed to submit to the appropriate committees of the House
13 of Representatives and the Senate having jurisdiction over
14 Indian affairs a report on the Federal and State funding
15 provided the Passamaquoddy Tribe and Penobscot Nation
16 compared with the respective Federal and State funding in
17 other Stales.
18
(c) The United States shall not have any criminal ju-
19 risdiction in the State of Maine under the provisions of sec20 lions 1152, 1153, 1154, 1155, 1156, 1160, 1161, 1162,
21 1163, and 1165 of title 18 of the United States Code. This
22 provision shall not he effective until sixty days after the puh-
23 lication of notice in the Federal Register as required by suh24 section 4(d) of this Act.
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(d) (1)
The
Passamaquoddy
Tribe,
the
Penobscot
2 ·Nation, and the Houlton Band of Maliseet Indians, and all
3 members thereof, and all other Indians, Indian nations, or
4 tribes or bands of Indians in the State of Maine may sue and
5 be sued in the courts of the State of Maine and the United
6 Stales to the same extent as any other entity or person resid7 ing in the State of Maine may sue and be sued in those
8 courts; and section 1362 of title 28, United States Code,
9 shall be applicable to civil actions brought by the Passama-
10 quoddy Tribe, the Penobscot Nation, and the Houlton Band
11 of M aliseet Indians: Provided, however, That the Passama12 quoddy Tribe, the Penobscot Nation, and their officers and
13 employees shall be immune from suit to the extent provided
14 in the Maine Implementing Act.
15
(2) Notwithstanding the provisions of section 3477 of
16 the Revised Statutes, as amended, the Secretary shall honor
17 valid final orders of a Federal, State, or territorial court
18 which enters money judgments for causes of action which
19 arise after the date of the enactment of this Act against either
20 the Passamaquoddy Tribe or the Penobscot Nation by
21 making an assignment to the judgment creditor of the right to
22 receive income out of the next quarterly payment from the
23 Settlement Fund established pursuant to section 5(a) of this
24 Act and out of such future quarterly payments as may be
25 necessary until the judgment is satisfied.
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(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 a_qreement 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
13 between the State and the tribe or nation; or (C) the alloca14 tion of jurisdiction between tribal courts and State courts.
15
(2) Notwithstanding the proviSions of subsection (a) of
16 th-is section, the State of Maine and the Houlton Band of
17 Maliseet Indians are authorized to execute agr·eements re-
18 garding the jurisdiction of the State of Maine over lands
19 owned by or held in trust for the benefit of the band or its
20 rnembers.
21
(f) The Passamaquoddy Tribe and the Penobscot
22 Nation are hereby authorized to exercise jurisdiction, sepa23 rate and distinct from the civil and criminal jurisdiction of
24 the State of Maine, to the extent authorized by the Maine
25 Implementing Act, and any subsequent amendments thereto.
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1
2 and
(g) The Passamaquoddy Tribe, the Penobscot Nation,
~he
State of Maine shall give full faith and credit to the
3 judicial proceedings of each other.
4
(h) Except as otherwise provided in this Act, the laws
5 and regulations of the United States which are generally ap-
6 plicable to Indians, Indian nations, or tribes or bands of In-
7 dians or to lands owned by or held in trust for Indians,
8 Indian nations, or tribes or bands of Indians shall be appli9 cable in the State of Maine, except that no law or regulation
10 of the United States (1) which accords or relates to a special
11 status or right of or to any Indian, Indian nation, tribe or
12 band of Indians, Indian lands, Indian reservations, Indian
13 country, Indian territory or land held in trust for Indians,
14 and also (2) which affects or preempts the civil, criminal, or
1
15 regulatory jurisdiction of the State of Maine, shall apply
16 within the State.
17
(i) As federally recognized Indian tribes, the Passama-
18 quoddy Tribe, the Penobscot Nation, and the Houlton Band
19 of Maliseet Indians shall be eligible to receive all of the fi20 nancial benefit~ which the United States provides to Indians,
21 Indian nations, or tribes or bands of Indians to the same
22 extent and subject to the same eligibility criteria generally
23 applic~ble to other Indians, Indian nations or tribes or bands
24 of Indians.
The Passamaquoddy Tribe,
the Penobscot
25 Nation, and the Houlton Band of Maliseet Indians shall be
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49
1 treated in the same manner as other federally recognized
2 tribes for the purposes of Federal taxation and any lands
3 which are held by the respective tribe, nation, or band subject
4 to a restriction against alienation or which are held in trust
5 for the benefit of the respective tribe, nation, or band shall be
6 considered Federal Indian reservations for purposes of Fed7 eral taxation.
8
9
TRIBAL ORGANIZATION
SEc. 7. (a) The Passamaquoddy Tribe, the Penobscot
10 Nation, and the Houlton Band of Maliseet Indians may each
11 organize for their common welfare and adopt an appropriate
12 instrument in writing to govern the affairs of the tribe,
13 nation, or band when each is acting in its governmental ca14 pacity. Such instrument and any amendments thereto must
15 be consistent with the terms of this Act and the Maine Imple16 rnenting Act. The Passamaquoddy Tribe, the Penobscot
17 Nation, and the Houlton Band of Maliseet Indians shall
18 each file with the Secretary a copy of its organic governing
19 document and any amendrnents thereto.
20
(b) For purposes of benefits under this Act and the rec-
21 ognition extended the Houlton Band of Maliseet Indians, no
22 person who is not a citizen of the United States may be con23 sidered a member of the Houlton Band of Maliseets, except
24 persons who, as of the date of this Act, are enrolled members
25 on the band's existing membership roll, and direct lineal de-
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1 scendants of such members. Membership in the band shall be
2 · subject to such further qualifications as may be provided by
3 the band in its organic governing document or amendments
4 thereto subject to the approval of the Secretary.
5
6
IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
SEC. 8. (a) The Passamaquoddy Tribe or the Penobscot
7 Nation may assume exclusive jurisdiction over Indian child
8 custody proceedings pursuant to the Indian Child Welfare
9 Act of 1978 (92 Stat. 3069). Before the respective tribe or
10 nation may assume such jurisdiction over Indian child
11 custody proceedings, the respective tribe or nation shall
12 present to the Secretary for approval a petition to assume
13 such jurisdiction and the Secretary shall approve that petition
14 in the manner prescribed by sections 108(a)-(c) of said Act.
15
(b) Any petition to assume jurisdiction over Indian
16 child custody proceedings .by the Passamaquoddy Tribe or
17 the Penobscot Nation shall be considered and determined by
18 the Secretary in accordance with sections 108 (b) and (c) of
19 the Act.
20
(c) Assumption of jurisdiction under this section shall
21 not affect any action or proceeding over which a court has
22 already assumed jurisdiction.
23
(d) For the purposes of this section, the Passamaquoddy
24 Indian Reservation and the Penobscot Indian Reservation
25 are "reservations" within section 4(10) of the Act.
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51
(e) For the purposes of this section, the Houlton Band of
2
Maliseet Indians is an "Indian tribe" within section 4(8) of
3 the Act: Provided, That nothing in this subsection shall alter
4 or effect the jurisdiction of the State of Maine over child
5 welfare matters as provided in subsection 6(e)(2) of this Act.
(f) Until the Passamaquoddy Tribe or the Penobscot
6
7 Nation has assumed exclusive jurisd.iction over the Indian
8 child custody proceedings pursuant to this section, the State
of Maine shall have exclusive jurisdiction over Indian child
9
10 custody proceedings of that tribe or nation.
11 EFFECT OF PAYMENTS TO PASSAMAQUODDY
12
TRIBE,
PENOBSCOT NATION, AND BOULTON BAND OF MALI-
13
SEET INDIANS
14
SEC. 9. (a) No payments to be made for the benefit of
15 the PassamaquoddY Tribe, the Penobscot Nation, or the
16 Houlton Band of Maliseet Indians pursuant to the terms of
17 this Act shall be considered by any agency or department of
18 the United States in determining or computing the eligibility
19 of the State of Maine for participation in anY financial aid
20 program of the United States.
21
(b) The eligibility for or receipt of payments from the
22
State of Maine by the Passamaquoddy Tribe and the Penob-
23
scot Nation or anY of their members purusant to the Maine
24 Implementing Act shall not be considered by any department
25 of agency of the United States in determining the eligibility
�Rept·oduccd nt the N:ttiunal' .\rchiYcs
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1 of or computing payments to the Passamaquoddy Tribe or the
2 Penobscot Nation or any of their members under any finan3 cial aid program of the United States: Provided, That to the
4 extent that eligibility for the benefits of such a financial aid
5 program is dependent upon a showing of need by the appli-
6 cant, the administering agency shall not be barred by this
7 subsection from considering the actual financial situation of
8 the applicant.
9
(c) The availability of funds or distribution of funds
10 pursuant to section 5 of this Act may '!7-0t be considered as
11 income or resources or otherwise utilized as the basis (1) for
12 denying any Indian household or member thereof participa-
13 tion in any
~ederally
assisted housing program, (2) for
14 denying or red'l!cing the Federal financial assistance or other
15 Federal benefits to which such household or member would
16 otherwise be entitled, or (3) for denying or reducing the Fed-
17 eral financial assistance or other Federal benefits to which
18 the Passamaquoddy Tribe and the Penobscot Nation would
19 otherwise be eligible or entitled.
20
21
DEFERRAL OF CAPITAL GAINS
SEc. 10. For the purpose of subtitle A of the Internal
22 Revenue Code of 1954, any transfer by private owners of
23 land purchased or otherwise acquired by the Secretary with
24 moneys from the Land Acquisition Fund whether in the
25 name of the United States or of the respective tribe, nation,
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1 or band shall be deemed to be an involuntary converszon
2 within the meaning of section 1033 of the Internal Revenue
3 Code of 1954, as amended.
4 TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE
OF MAINE
5
6
~
SEC. 11. All funds of either the Passamaquoddy Tribe
7 or the Penobscot Nation held in trust by the State of Maine
8 as of the effective date of this Act shall be transferred to the
9 Secretary to be held in trust for the respective tribe or nation
10 and shall be added to the principal of the Settlement Fund
11 allocated to that tribe or nation. The receipt of said State
12 funds by the Secretary shall constitute a full discharge of
13 any claim of the respective tribe or nation, its predecessors
14 and successors in interest, and it members, may have against
15 the State of Maine, its officers, employees, agents, and repre16 sentatives, arising from the administration or management of
17 said State funds. Upon receipt of said State funds, the Sec18 retary, on behalf on the respective tribe and nation, shall
19 execute general releases of all claims against the State of
20 Maine, its officers, employees, agents, and representatives,
21 arising from the administration or management of said State
22 funds.
23
24
OTHER CLAIMS DISCHARGED BY THIS ACT
SEC. 12. Except as
expres~ly
provided herein, this Act
25 shall constitute a general discharge and release of all obliga-
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1 lions of the State of Maine and all of its political subdivi-
2 sions, agencies, departments, and all of the officers or em3 ployees thereof arising from any treaty or agreement with, or
4 on behalf of Indian, any Indian nation, or tribe or band of
5 Indians or the United States as trustee therefor, including
6 those actions now pending in the United Stales District
7 Court for the District of Maine captioned United Stales of
8 America versus State of Maine (Civil Action Numbered
9 1966-ND and 1969-ND).
10
11
LIMITATION OF ACTIONS
SEc. 13. Except as provided in this Act, no provision of
12 this Act shall be construed to constitute a jurisdictional act,
13 to confer jurisdiction to sue, or to grant implied consent to
14 any Indian, Indian nation, or tribe or band of Indians to sue
15 the United States or any of its officers with respect to the
16 claims extinguished by the operation of this Act.
17
18
AUTHORIZATION
SEc. 14. There is hereby authorized to be appropriated
19 $81,500,000 for the fiscal year beginning October 1, 1980
20 for transfer to the funds established by section 5 of this Act.
21
22
INSEPARABILITY
SEC. 15. In the event that any provision of section 4 of
23 this Act is held invalid, it is the intent of Congress that the
24 entire Act be invalidated. In the event that any other section
25 or provision of this Act is held invalid, it is the intent of
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55
1 Congress that the remaining sections of this Act shall con2 tinu.e in full force and effect.
3
CONSTRUCTION
4.
SEC. 16. (a) In the event a conflict of interpretation
5 between the provisions of the Maine Implementing Act and
6 this Act should emerge, the provisions of this Act shall
7 govern.
8
(b) The provisions of any Federal law enacted after the
9 date of enactment of this Act for the benefit of Indians,
10 Indian nations, or tribes or bands of Indians, which would
11 materially affect or preempt the application of the laws of the
12 State of Maine, including application of the laws of the State
13 to lands owned by or held in trust for Indians, or Indian
14 Nations, tribes, or bands of Indians, as provided in this Act
15 and the Maine Implementing Act, shall not apply within the
16 State of Maine, unless such provision of such subsequently
17 enacted Federal law is specifically made applicable within
18 the State of Maine.
�
Dublin Core
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Title
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National Archives and Records Administration
Description
An account of the resource
The following government documents have been provided by the National Archives, Washington, DC.
Text
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
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NARA019
Title
A name given to the resource
S. 2829 (Maine Indian Claims Settlement Bill, Senate) (09/17/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/17/1980
Source
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NARA
Senate Select Committee on Indian Affairs, Bill Files- Second Session, S. 2623- S.3222, Box. 12, Folder “S.2829”; 96th Congress; Records of the U.S. Senate, RG 46; National Archives, Washington, DC.
Language
A language of the resource
English
Description
An account of the resource
This draft of the Senate bill includes both an older and a newer version of the bill. Section 4 here corresponds to what we now know as 25 U.S.C. 1723. Section 6(h) corresponds to what we now know as 25 U.S.C. 1725(h). This version of the bill does contain a Section 16 (the section that we now know as 25 U.S.C. 1735).
Type
The nature or genre of the resource
Text
Documents
Format
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PDF
Subject
The topic of the resource
Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Public Domain
1723
1725(h)
1735(b)
Application of State Law
Draft Bill
Extinguishment of Claims
Jurisdiction
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{I
nt the Nlll'ional A1·chives
t
..
Amendment to S. 2829 in the
Nature of a Substitute
Strike out all after the enacting clause and insert in lieu
thereof the following:
That this Act may be cited as the "Maine Indian Claims Settlement
Act of 1980".
·· CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Sec. 2.(a) 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 Trane nnn IntP.rcourse 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
.
-.
Natio~, ~andthe Houlton Band of Maliseet Indians, that once may have
!'
•
....
Ill
'held - aboriginal title to lands within the State of Maine long ago
abandoned their aboriginal holdings.
(3)
The Penobscot Nation, as represent~d v ~s of the
time of passage of this Act by the Penobscot Nation's Governor and
Council, is the sple successor in interest to the aboriginal entity
gener.ally known as the Penobscot Nation which years ago claimed ·
aboriginal title to certain lands in the State of Maine.
':t
\I
�-2-
(4)
The Passamaquoddy Tribe, as represented
as of the time of passage of this Act 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
abor~ginal
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, andcommunities 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 Penosbscot
Nation and the Houlton Band of Maliseet Indians with a fair and just
settlement of their land claims.
In the absence of
co~gressional
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
Trib~
the Penobscot Nation,
�t cp l' m lu c ~d
a l lhl' ,\ al io na l .\ n: hil·cs
-3-
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, orBand, 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)
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;
�'{cp•·udun~ d at the 1.; ali unal,·;\rchh'c!:
-
-4(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
Sec. 3.
For purposes of this Act, 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 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
(c)
r~ghts;
"Land Acquisition Fund" means the Maine Indian
Claims Land Acquisition Fund established under Section S(c) of this
Act;
�'C(ll'otluucll .at•the ~nthJ nll'l .i\'11"~; 11hu:s
-5-
(d)
and
al~
"laws of the State" means the Constitution,
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 :3'1 ,of the "Act to Implement: the Maine Indian
Claims
Settleme,n;t~~.,.,.,.~.n8-cted
by the State. af JYiaine in Chapter . 7 32 of
the Public Laws of 1979;
(f)
"Passamaquoddy Indian Reservation" means
those lands as defined in the Maine
(g)
Implementi~g
Act;
"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 the date of the enactment of this Act, 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
abor~ginal
and successors in interest.
times, and all its predecessors
The Penobscot Nation is represented, as
�H
.l•prmlur•·tl at tln· ,\atinual . \rdti,· c~
-6-
of the date of the enactment of this Act, by the Penobscot Nation
Governor and Council;
( _l )
"Secretaryn means the Secretary of the
( in )
"Settlement Fund"
Interior;
means the Maine Indian
Claims Settlement Fund established under Section S(a) of this
Act; and
(n )
"transfer
11
includes but is not limited to
any voluntary or involuntary sale,
g~ant,
lease, allotment, parti-
tion, 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 AND EXTINGUISHMENT OF INDIAN TITLE
AND CLAIMS OF THE PASSAMAQUODDY TRIBE, THE PENOBSCOT NATION,
THE HOULTON BAND OF MALISEET INDIANS, AND ANY OTHER INDIANS,
INDIAN NATION, OR TRIBE OR BAND OF INDIANS WITHIN THE STATE
OF MAINE
Sec. 4. (a) (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
�-7land 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
ge~eral
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
arisi~g
before the
date of this Act and arising from any transfer of land or nat.ural
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, cornpact,or statute
of any state, on the grounds that such transfer was not made in
accordance with the laws of the State of Maine.
�-8-
(3')
The-~ Uni:t:.ed
States -is baJ::red ,JfJ;:om
on behalf oft any ind.ividu. l Indian any <-'c laim
a
Bt.ate -of .Maitne ari.s.ing . .· fr~om , q.ny rtr-ansfer
unde~l
·of d l~n€i! c or
. asserti-lil~
tlfe· laws,
prio~
tle
na1;ura l
loea,tedl anywhere. wi.t.hin the State of ..Maine from .r1 ,b~ ., or §>n
r
individual .Indian, which occurred
<0~
J5y e:E"
~~t-l~tt
to December 1 r l8113v
r
but without limitation any transfer pursuant to any treat y h
or .statute of any state.
(b)
To the ext·e nt that any transfer of land oF Rc,i.:
t
resources described in subsection (a) (1) of this
sectio~ ®a ~ m~ve
land or natural resources to which the Passamaquoddy
Tribe ~
Penobscot Nation, the Houlton Band of Maliseet Indians, or
~~e
a~®~
their members, or any other Indian, Indian nation, or tribe o:r ba:ro.d!
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 Triber. the
Penobscot Nation, the Houlton Band of Maliseet Indians or any of
their members or by any
~ther
Indian, Indian nation, tribe or band
of Indians, or any predecessors or successors in interest thereofr
arisi~g
at the time of or subsequent to the transfer and based on
any interest in or
r~ght
involving such land or natural resources,
�-9including 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)
The provisions of this section shall take effect
immediately upon appropriation .of the funds authorized to be
appropriated to implement the provisions of Sec. 5 of this Act.
The Secretary shall publish notice of such appropriation in the
Federal Register when such funds are appropriated.
ESTABLISHMENT OF FUNDS
Sec. S(a)
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
followi~g
the
appropriation 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
Natio~.
Each por-
tion of the Settlement Fund shall be administered by the Secretary
in accordance with rea.sonable terms established by the Passamaquoddy
Tribe or the Penobscot Nation, respectively, and
Secretary:
~greed
to by the
p·r ovided, That the Secretary may not agree to terms
which provide for investment 0f the Settlement Fund in a manner not
in accordance with Section 1 of the Act of June 24, 1938 (52 Stat.
1037), unless the respective Tr.ibe or Nation first submits a specific
�~)r,n.tl uucd' :1 ~ the Nliti on11l A>
ltchhfcl-
(10)
waiver 0f 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:
Provi·d ed, however, That
nothi~g
herein
shall prevent the Secretary from investing the principal of said
Fund in accordance with
(3)
par~graph
(1) of this subsection.
The Secretary shall make available to the
Passamaquoddy Tribe and the Penosbscot 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
St~tes,
any
income received fromthe 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
par~graph
have been made to the Tr.ibe 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,
�·"el)llo:lha ecd~· n Cthe·~lt ti em nil•,\
!
•1\\l h iws
-11any subsequent distribution of these sums, or any property or
services purchased therewith.
(c)
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 14
of this Act.
(d)
The principal of the Land Acquisition Fund
shall be apportioned as follows:
(1)
$90D,OOO 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 uhe
Penobscot Indian Territory
�·tw,JiOO UG!Jd at the N:1lillnitl Awchiwl-
(12)
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
afores~id
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 Maliseets Indians without the
prior enactment of appropriate legislation by the State of Maine
approving such acquisition, provided fur·t her, that the Passamaquoddy Tribe and the Penobscot Nation shall each ·have a one-half
undivided interest in the corpus of the trust, which shall consiRt
of, any s urch property
1
0r.
subsequently acquired
exchanq~
property, in
tne event the Houlton Band of Maliseet Indians should terminate its
interest in the
. '
.'' :-
request of
the
~tate
•
, ·
t~ust.
t- , · (
;,
··
4) . The Sec.retf!.rY is p.uthori zed to; a,a!'id at the .
) eilbher ~<par.J::yc
1
sha&l :, partic.iJpa te 1 in negotia.tions between
of Maine and the Houlton
the purpose
of ~ assisting
Ban~ of r Maliseet . Indian~
in securing t agreement
natural resources t to be t acquined by the
Uni~ed
as ~ to · the
for
iand ·9t
States to be held
in trust for the benefit of the Houlton Ba.nd . . Such agreement shall
�' ' ~rolluulld
nl ifhc l\ationnl * m~hL\11:!:
( 13)
be embodied in .the legislation enacted by the State of Maine
approving the acquisition of such lands as required by section
S(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 Pe.nobscot Indian Reservation;
(C)
consistent with the trust and restricted
character of the 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) paymerits 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
�e.piloliJIUI!d nt t'hc NntiJtnal .\'1;t hivc!.
-14not be deemed to be a governmental entity under the Maine lm.plementing 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 e.ffective 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 otherprovisionsregarding the enforcement or application of the laws of the State of Maine.
Within one year of the
date of enactment of this Act, 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)
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 February 26, 1931 (46 Stat. 1421), 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.
Sub-
ject 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
and condemn interests adverse to the ostensible owner.
Except for
�'"p r.od uocd lll'1fhc i\ uli1tnal <\tibhhk~
(15)
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 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 4, 11, and 12 of
this Act and by Section 6213 of the Maine Implementing Act 1 including stipulations to the final judicial dismissal with prejudice
of their claims.
(g) (1)
Statutes
The provisions of Section 2116 of the Revised
shall not be applicable to (A) the Passamaquoddy Tribe,
the Penobscot Nation, or the Houlton Band of Maliseet
Indians~
®r
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 ±n subsections (d) (4) al).d (g) (2.:): , . such :hand or natural resourc
shall not otherwise be subject to any restraint on alienatiom my
�cproduuullnl'lhc Nnti o•hlll ;l\rc1HW!!
(16)
virtu~
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 a.n,Q, 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 the Act of
August 9, 1955 (69 Stat. 539), as amended;
(B)
leased in accordance with the Act of May 11,
1938 (52 Stat. 347), as amended;
(C)
sold in accordance with Section 7 of the
Act of June 25, 1910 (36 Stat. 857), as amended;
(D)
subjected to rights-of-way in accordance
with the Act of February 5, 1948 (62 Stat. · 17):
(E)
exchanged for other land or natural resources
of equal value, or if they are not equal, the values
sh~ll
be
�( 17)
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 tonal value
of the interests in land to be transferred by the Tribe, NQtion,
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) 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
Trib~
or Nation and agreed- to by the Secretary
in accordance with Section 102 of the Indian Self-Determination
and Education Assistance Act (88 Stat. 2206), or other existing
law.
(i) (1)
Trust or restricted land or natural resources
within the Passamaquo4dy Indian Reservation or the PenobscGt 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
re~er
vation, such land shall become a part of the reservation in accordance
with ·the Maine Implementing Act and upon notification to the
Secr~tary
-of · the location and boundaries of the substitute land.
Such substitute land shall have the same trust or restricted
�( 18)
status as the land taken.
To the extent that the compensation
is in the form of monetary proceeds, it shall be depooSited and
reinvested as provided in paragraph (2) of this subsection.
(2)
Pen_ob~_ cot.
Trust land of the Passamaquoddy Tribe or the
·Na.t.ion ·J;l.o .t w.i thin :the Passamaquoddy 'Res:ervation .or Penobscot
Res:e.rvatio,J;l
may be condemned for public purposes pursuant to
the Maine Implementing Act.
The proceeds from any such condemna-
tion shall be depositedin the Land Acquisition Fund established
by Section S(c) 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
acq~ ired
in trust.
When the p f oceeds
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 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 not acquired in trust shall be held in fee by the respective
Tribe or Nation.
The Secretary shall certify, in
writi~g,
to the
Secretary of State of the State of Maine the location, boundaries,
and status of the land acquired.
~ 3),
<3:ic.-e:i?on'aove•r
Th"'et ::sta~€r. -d f c:Matine· s nallL have' fFl...rlf.t i=al c'i urisl
cortdemna~1 i"on
The United Sta"bes s;};}1 "ll
a]!l
P,'rocee dinas t brGucrht unfi.Ar t'I-J.is section.
1
-cb'"et~a.- neces
~s1ary ~o. party
p;,:roceedin\gr J.... rnB]tf .t e r~ye xhc:i~lhrs t ion
s
· e at any rs;;u €a "'b o rfdemn.ation
~of C l )SSl;a~ekJa dniln iS t
a'l""
r a>f'i Ve '..,' ierfie dies ,
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 acti<i>n
�(19)
Rcp•;oduced nt the r,.l ntiollnl Arllhi" es
L
ed 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.
APPLICATION OF STATE LAWS
Sec. 6. (a) . .
Except as provided in section 8, subsection (e),
all Indians, Indian nations, 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 Ipdians 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
juris diction of the State, the laws of the State, and the··_c i vil · .- ··
and criminal jurisdiction of the courts of the State, to ·the same
e~tent
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, br held
,.
in trust for the benefit of the Tribe, Nation, or t.heir .. 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)
runds appropriated for the benefit of Indian
people or for the administration of Indian affairs may be utilized,
~
�Reproduced nt the Nntionnl A1·chh•cs
( 2 0)
consistent with the pur.poses 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
Impl~menting
Act.
·'
(3)
Nothing in this section shall be construed
to supersede any Federal laws or regulations governing the prov~sion
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 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.
(c)
The United States shall not have
any criminal
jurisdiction in the State of Maine under the provisions of Section 6(c),
Sections 1152 1 1153, 1154, 1155, 1156, ll60, 1161, 1162, and 1163 of
Title 18 of the United States r.onP shall not be applicable within the
State · of l1aine.
This provision shall not be effective until 60 days
after the publication of notice in the Feceral Register . as required
by subseGtion 4(d) of this Act.
(d)_(l) The Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of rialiseet 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
· ·t y
...
or
P~'Y~n n
resi. c
linrr
jn
thP
St a te of
Mrt ine
may
snP
and b e
s nPd
�Reproduced nt the Natiorlnl Arcllivcs
( 21)
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;
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
3477 of the Revised Statutes, as amended, 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 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 receive income out of the next quarterly
payment from the Settlement Fund established pursuant to Section
S(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
with respect to either the Passamaquoddy Tribe or the
Nation:
~ct
Penobs~ot
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 Penobicot Nation,and the
State within their respective jurisdictions;
(B) the allocation or
determination of governmental responsibility of the State and the tribe
~
�Rcproducctlur the' Nntional Ar•chiYes
(22)
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)
Notwithstan~ing
the provisions of subsection
(a) of this section, the State of Maine and the Houlton Banq 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)
The Passamaquoddy Tr1be and the Penobscot Nation ·
are hereby authorized to exercise jurisdiction, separate and
d~stinct
from the civil and criminal jur.isdiction 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 otherwise provided in this Act, the
laws and regulations of the United States which are generally 'appli,.
cable to Inqians, Indian nations, or tribes
or bands of Indians or
to lands owned by or held in trust by Indians, Indian nations, or tribes
or bands of Indians shall be
applicabl~
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
'l
�RcJJ r oduced nt lhc N:1lionnl A rGhh•es
VII"'
\
"\"
";·
-23-
..........
nation, tribe or band of Indians, Indian lands, Indian reservations,~~ .
{
.
Indian country, Indian territory or land held in trust for Indians,
~
e
and also (2) _which affects or preempts the civ-1.:1, criminal, or regu-· -; ,.
·
.
. ~~ c].. !:~::-=~..-~...~~!~Q-;~!_ _\ .;~.~J~ ~.~o .~ ,_ \~~.~~ ~· -~ ·:~- e .S~!~ ~~ ~.t ~.- 0 ~ It•.:,_~ . •> ~~. -~~-.~·/
_
latory ]Ur1sd1ct1on of the State of Mainer,~ shall apply within the State.
(i)
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
reeognized 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
~n
trust
for the benefit of the respective Tribe, Nation, or Band shall be
considered Federal Indian reservations for purposes ofFederal taxation.
TRIBAL ORGANIZATION
Sec. 7 (a)
The Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseet Indians may each organize for their
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
'"4
�( 2 4)
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)
For purposes of benefits under this Act
and the recognition .extended .the Houlton Band of Maliseet IDdians,.
no person who is not a citizen of the United States
~ay
be considered
a member of the Houlton Band of Maliseets, except persons who, as
of the date of this Act, are enrolled members on the Band's
exis~ing m~mbership
members.
roll, and direct lineal descendants of such
Membership in the Band shall b.e 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.
IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
Sec. 8. (a)
The Passmaquoddy Tribe or the Penobscot Nation
may assume exclusive jurisdiction over Indian child
c~stody
proceedings
pursuant to the Indian Child Welfare Act of 1978 (92 Stat. 3D69).
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)
(b)
Any petition to assume jurisdiction. over
Indian child custody proceedings by the Passamaquoddy Tribe or
the Penobscot Nation shatl be considered and determined by the
Secretary in accordance with Sections 108(b) 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 Reservation and the Penobscot Indian Reservation are "reservations" within Section 4(10) of the Act.
(e)
For the purposes of this section, the Houlton
Band of Maliseet 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 subsection 6(e) (2) of this Act.
(f)
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
j \}risdiction over Indian child custody
,.
proceedings of that Tribe or Nation.
EFFECT OF PAYMENTS TO PASSAMAQUODDY TRIBE, PENOBSCOT NATION, . AND HOULTON
BAND OF MALISEET INDIANS
Sec. 9. (a)
~
No payments to be made for the benefit of the
�·~pro.duuull ut
t'hc l~ut hmul .1\r.chi w: !:
(26)
Passamaquodddy Tribe, the ·Penobscot Nation,
o~ ·
the Houlton Band
of Maliseet· Indians pursuant to the terms of 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)
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 determini!lg the ·eligibility of or computing payments to
the Passamaquoddy Tribe or the Pen0bscot Nation or any of their
members under any financial aid program of the ·united States:
Provided,
That to the extent that eligibility for the be·n efits of such a financial
aid program is dependent upon a showing of nee·d by the applicant, the
administering agency shall not be barred by this subsection from
consideri!lg 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 denyi!lg or
reduci~g
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
�-~?itl)<luccdl ll~ithc i'lintiurtl\1. ;1\:t·chh•cs
( 2 7)
to which the Passamaquoddy Tribe or Penobscot Nation would otherwise be
~ligible
or entitled.
DEFERRAL OF CAPITAL GAINS
Sec. 10.
For the purpose of subtitle A of the Internal
Revenue Code of 1954, 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
meani~g
of Section 1033 of the
Internal Revenue Code of 1954, as amended.
TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE OF MAINE
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 predecessors and successors in interest, and
it members, may have against the State of Maine 1 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
�~J) llOtl uii,.l!d
nl 1 N u ti'clml ~A a
thc
•dlivc!'
( 2 8)
execute general releases of all claims against the State of
Maine, its officers, employees, agents, and representatives,
arising from the administration or
man~gement
of said State funds.
OTHER CLAIMS DISCHARGED BY THIS ACT
Sec. 12.
Except as expressly provided herein, this Act
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 Indian, any Indian nation,
or tribe or band of Indians or the United States as trustee therefor,
including those actions .n ow pend:in_g in: the: Uni.:t.ed :States
District Court for the District of Maine captioned United States
of America v. State of Maine (Civil Action Nos. 1966-ND and 1969-ND).
L'IMITATION OF ACTIONS
Sec. 13.
Except as provided in this Act, no provision
of this Act 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 Act.
AUTHOR:T.ZATION
Sec. 14.
There is hereby authorized to be appropriated
�t;t>noil1tllctlal the
~ ntiuml l ,;\~(· 1\hlc!i
-29$81,500,000 for the fiscal year
b~ginni~g - OctGber
1, 1980 f or
transfer to the Funds established by Section 5 of this Act.
INSEPARABILTTY
Sec. 15 .'
In the event that any provision of Section
4 of this Act is 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.
CONST"RUCTION
Sec. 16.(a)
In the event a conflict of interpretation
between the 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
Indian
nations, ~
or tribes
o~:
for the benefit of Indians,
bands of Indians, which would materially
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.
�
Dublin Core
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Title
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National Archives and Records Administration
Description
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The following government documents have been provided by the National Archives, Washington, DC.
Text
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Dublin Core
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Identifier
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NARA017
Title
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Proposed Amendment to S. 2829 in the Nature of a Substitute (S. 2829 is the Senate Bill relating to the Maine Indian Claims Settlement) (Undated)
Date
A point or period of time associated with an event in the lifecycle of the resource
Undated
Source
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NARA
Senate Select Committee on Indian Affairs, Bill Files- Second Session, S. 2623- S.3222, Box. 12, Folder “S.2829”; 96th Congress; Records of the U.S. Senate, RG 46; National Archives, Washington, DC.
Language
A language of the resource
English
Description
An account of the resource
Section 4 corresponds to what we now know as 25 U.S.C. 1723. Section 6(h) corresponds to what we now know as 25 U.S.C. 1725(h). Section 16(b) corresponds to what we now know as 25 U.S.C. 1735(b).
Type
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Text
Documents
Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Public Domain
1723
1725(h)
1735(b)
Application of State Law
Draft Bill
Extinguishment of Claims
Jurisdiction