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PROPOSED CHANGES IN S. 2829
Delete paragraphs (8) and (9) of Section 2, and insert in their stead the
following new sections:
Sec. X.
None of the provi;>i~ns of this Act shall, take effect~until
the Secretary finds(a)
~--~JxP-~~hJ-k~· ,.
6wJ..9.- ·~ ~ QA._~D
that authorized
ficial'""
,....r;
4-'h,....
n .... ...,..., .....,., ....I"T.,,..,~~ .. m..... ;~
~ho
Penobscot Nation, and the Houlton Band of Maliseet Indians have executed
;( appropriate documents relinquishing all claims to the extent
j.
dismissal of their clairrs, ·and
lP)l1)
lC
provid~e·n
section 4 of this Act, ei.ncluding stipulations to the final judicial
(b)
I
~
tft:1;;_ / ~ '-
~~~
4
that the State of Maine has enacted legislation essentially
identical to the Maine Implementing Act, except that-(1)
(revisions necessary to make the state law acceptable)
(2)
"
(3)
"
(4)
"
Para:.3raph (b) (3) of Section 2 soould b2 deleted in light of the above.
Paragraph (b)(4) is inconsistent with paragraph (a)(2) of Section 2.
The
first paragraph states that Con:jress finds arrl d=clares that "The Indians,
Indian nations, and tribes and bands of Indians, other than the Passarncquoody
Tribe, the Penobscot Nation, and the Maliseet Tribe • • • have ceased to
exist."
But (b) (4) states that "all other Indians, Indian nations and
tribes arrl J:ands of Indiars
rDN
or hereafter existing • • • shall be
subject to all laws of the State of Maine."
Paragraph (a) (2) should be rurended
to read as foll<:M.5:
(2) Indians, Indian natiors, and tribes arrl J:arrls of Indians,
other than the Passarncquoddy Tribe,
~~e
Penobscot Nation, and the Houlton
Barrl of Maliseet Indiars, that once may have held aboriginal title to
lands within the State of Maine long ago abandoned their aboriginal holdings.
~
~
�•
-2Arrend subsections (a}, (h), and (k} of section 3 to read:
(a)
''Houlton Barrl of Maliseet Indians" Ireans the sole successor
to the Maliseet Tribe of Indians as constituted in aboriginal times in
what is no.v 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 enactnent of this Act, as to lands within the United States, 1:¥
the Hoolton Band Council of the Houlton Band of Maliseet Indians.
(h)
•
'tpassarraquoddy Tribe" neans the Passamaquoddy Indian Tribe
as constituted in aboriginal tirres, and all its predecessors and successors
interest.
The Passamaquoddy Tribe is represented, as of the date of the
enact:Irent of this Act, by the Joint Tribal Council of the Passamcquoddy
Tribe, with separate councils at the Indian TCMnShip and Pleasant Point
Reservations.
(k}
'tpenobscot Nation" means the Penol:Ecot Indian Nation as
constituted in aboriginal tirres, and all its predecessors and successors
in interest.
The Penol:Gcot Nation is represented, as of the date of the
enactment of this Act, by the Penobscot Nation Governor and Council.
Regarding other definitions in Section 3:
"Indian Territory", "Passamcquoddy Territory", "Penobscot
Terri tory", ''Passamaquoddy Indian Resetvation", and ''Penol:scot Indian
•
Reservation" should be defined in full rather than Irerely incorporating
·:
~
~
reference the definitions in the state law which could be changed in
the future.
"Lands or other natural resources" soould read "LarrlYor natural
resources."
..,.:-.--:-
�-3Amend Section 4(a) to read:
Sec. 4. (a)
Any transfer of land•or natural resources located anywhere
•
within the United States from, by, or on behalf of the Passail'lCqUoddy Tribe,
the Penobscot Nation, the Houlton Barrl of Maliseet Indians,
o~
any of
their nernbers, and any transfer of land or natural resources located
anywhere within the State of Maine, fran, by, or on
Indian nation, or tribe of Indians,
includi~
~half
of any Indian,
but not limited to a transfer
c_ursuant to any treaty or statute of any state, shall
~
deemed to have
been made in accordance with the Constitution and all laws of the United
States that are specificall
applicable to transfers of larrl or natural
resources from, by, or on behalf of any Indian, Indian nation, or tribe
of Indiars ( includil'"lSJ but not limited to the Trcrle and Intercourse Act of
1790, Act of July 22, 1790, Ch. 33, §4, l Stat. 138, and all anerrlnents
thereto arrl all subsequent versiors thereof), and Congress does hereby
approve and ratify any such transfer effective as of the date of said
tramfer; Provided, hONever, that:
Nothirg in this section shall be
construed to affect or eliminate the claim of any individual Indian which
is pursued under any law generally designed to protect non-Indians as
well as Indians.
�•
-4- Arrend Section 5 (a) to read:
/
, Sec. 5. (a) There is hereby established in the United States Treasury
a fund to be kna.vn as the Maine Indian Claims Settlenent Fund in which
$27,000,000 shall be deposited following the appropriation of sums
authorized~
section 13 of this Act.
-Delete everythirg in Section 5 (b) after the first sentence and ·insert the
following language in its stead:
Each p::>rtion of the Settlement Fund shall be administered
~
the Secretary and
invested in accordance with Section 1 of the Act of June 24, 1938 (52 Stat.
1037), or, in accordance with terms agreed ur:on between the Secretary arrl the
•
Passamcquoddy Tribe or the Penobscot Nation, respectively, shall be invested by
the Secretary in any bonds or obligations in which fiduciary, trust, or public
funds under the authority and control of the United States may be invested.
(2) Under no circumstances shall any part of the principal of the
Settlerrent Fund be distributed to either the Passamcqucrldy Tribe or the
Penotscot Nation, or to any nember of either Tribe or Nation, Provided, hooever,
that:
Nothing herein shall prevent the Secretary from· investing the
principal of said Fund in accordance with paragraph (1) of this subsection.
(3) The Secretary shall make available to the Passarncquoddy Tribe and the
Penotscot Nation in quarterly payrrents, wit.OOut liability to or on the part of
the United States, any incorre derived from that portion of the Settlerrent Fund
(/
allocatoo to the respective Tribe or Nation, the use of which shall be free of
regulation by the Secretary.
•
Once these paynents have been made to the Tribe or
Nation, the UnitErl States shall have no further trust responsibility to the
Tribe or Nation or their rrembers with respect to the sums paid, any sul:sequent
distribution of these sums, or any property or services purdlased therewith.
----
( 4) The Passamcquoddy Tribe and the Penobscot Nation shall each annually
e~nd
~
7.4 percent of the incane paid fran their respective portions of the
Settlement Fund for the benefit of their members who are over the age of 60
years on Jaruary 1 of that year.
The provisions of this paragraph may be enforced
by nerrbers of the Tribe or Nation ~ filing suit against the respective Tribe or
Nation in the United States District Court for the District of Maine.
�. ~-
.
I'
(2) Under no circumstances shall any part of the principal of the
Set:-tlerrent Fund be distributed to either the Passa.Ina:J.uoody Tribe or the
Penofucot Nation, or to any rrember of either Tribe or Nation, Provided, hOHever,
that:
Nothing herein shall prevent the Secretary from investing · the
principal of said Frmd in accordance with f.Bragraph (1) of this subsection.
{3) The Secretary shall make available to the Passa.maguoddy Tribe and the
Penol:scot Nation in quarterly payrrents, wi th::>ut liability to or on the part of
the United States, any incorre derived from that J;X)rtion of the Settlerrent Fund
allocatW to the respective Tribe or Nation, the use of which shall be free .of (/
regulation
by the Secretary. Once these payrrents have been
rn.ade to the Tribe or
Nation, the UnitErl States shall have no further trust resp:msibility to the
Tribe or Nation or their rreiTlt€rs with res:p=ct to the surrs paid, any subsequent
distribution of these surrs, or any prcperty or services purmased therewith.
�-5Arrend Section S(c) to read:
(c)
There is hereby establishED in the United States Treasury a fund to be
kno.-m as the
~1aine
Indian Claims Land ACXjuisition Fund in which $54,500,000 shall
be d2posi too follCNJing the apprcpriation of surrs authorized by section 13 of this
Act.
Arrem Sect ion 5 (d) to read:
(d)
The principal of the Lard Acquisition Fund shall be ap:r;xJrtioned as follONS:
$900,000 to be held in trust for the Hoolton Band of Maliseet Indians;
$26,800,000 to b= held in trust for the Passarraquoddy Tribe; and
$26,800,000 to be held in trust for the Penobscot Nation.
The Secretary is authorized to expend the principal and any income accruing to
the respective p-Jrtions of the Land Acquisition Fund for the purpCEe of acquiring
land for the Passarraquoddy Tribe, the Penotscot Nation, and the Houlton Band of
Maliseet Indians.
Land a<XJuired
w~ndian
terri tory shall be held in trust
l.----,
f!j2,the United States for the l:enefit of the respective Tribe, Nation, or Band.
Land aa:]uired w.ts i~ the boundaries of Indian terri tory shall be held in fee
·-
s~ the respective Tribe, Nation, or Bard, aoo the United States shall have
no further trust res,e;:msibility with respect thereto.
The Secretary is
Q
-
authorized to take in trust for the respective Tribe, Nation, or Bard any land
acquired within Indian territory by purchase, gift, or exchange by sum Tribe,
Nation, or Barx3.
If the Secretary finds that the Houlton Band of Maliseet Indians
shall cease to exist, any lands aoquired for their benefit pursuant to this Act,
ard still held for their benefit at the tirre of the Secretary's firiiing, shall b=
divided Equally by the Secretary and held in trust, one-half for the benefit of
the Passarraguoddy Tribe ard one-half for the tenef it of the Penol:::scot Nation.
Except for the provisions of this section, the United States shall have no other
authority to acquire lands in trust for the tenefit of Indians or Indian tribes
in the State of !'-!aine.
�v
Arrend Section 5(e) (2) to reed as follDHs, and add a new paragraph (3);
(2)
Except as provided in paragraph {3) of this sub3ection, any transfer of
land or natural resources held in trust by the United States for the benefit of
the Passam:quoddy Tribe, Penol:::scot Nation, or the Houlton Bard of Maliseet Indians,
except ( i) takings for public uses consistent with the Maine Inplerrenting Act, as
---
amended in according with section
X
(b) of this Act, ( ii) takings for public uses
_,---
oursuant to the laws of the United States, or {iii) transfers of individual Indian
J,..
---
use assignments fran one member of the PassaJT\::lg:uoddy Tribe, Penobscot Nation, or
Hool ton Bard of Maliseet Indians to another merrber of the sarre Tribe, Nation, or
Bard, shall te void ab initio ard without any validity in law or e::juity.
(3) Land or natural resources held in trust for the benefit of the Passarna:Juoody
Tribe, the Penol:::scot Nation, and the Houlton Band of Maliseet Indians may be-(i) leased in accordance with the Act of August 9, 1955 (69 Stat. 539),
as arre nded,
(ii) leased in accordance with the Act of May 11, 1938 (52 Stat. 347),
as arre nded,
(iii) sold in accordance with section 7 of the Act of June 25, 1910 (36
Stat. 857), as arrended,
J~
(iv) subjected to rights-of-way in accordance with the Act of February 5,
1948 (62 Stat. 17),
{v) exchan:jed for other lard or natural resources of e::jual value, and
(vi) sold, only if the proceeds of the sale are deposited in the Land
Acquisition Ftmd established pursuant to sul:Eection (c).
Regulations at 25 CFR §141. 4 already provide
as
;~
p
for the develc:prrent of tirrber managerrent plaTE , and the BIA just released new
manual provisions on forestry management planning on March 17, 1980.
With respect
to non-timber lands few reservations are subjected to management plans developed
by the Secretary, thoogh there is nothing under existing law to prevent the Tribe,
or the Secretary in cocperation with the Tribe, to develc:p such plans.
addition, the Tribe may
re
In
able to contract with the BIA for forestry ffi311agement
plannirg pursuant to the Indian Self-Determination Act.
/
�)~
-7-Amend Section 5(g) to read:
~ '\
~"'J
~~
~
Passam<quoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians
f'i-· ,
~t 1
'N
~
(g) When land or natural resources held in trust for the benefit of the
i & for a public
P"~
pursuant to the Jaws of the State of Maine or of
the United States, the proceeds paid in compensation for such taking shall/be
depositErl in the Land Acquisition Fund established by subsection (c). /
I - Add a new section to read:
Sec. Y. (a) The Passanaquoddy Tribe, the Penol:Ecot Nation, and the
Houl~~)
Barrl of Maliseet Indians shall each organize for their cannon welfare, andf"fdopt
an
apprq:>ria~_9
govern the affairs of the Tribe, Nation, or Bam
when each is acting in its governrrental capacity.
Such constitution, and any
amendments thereto, must be consistent with the terms of this Act and the Maine
Implementing Act, as amended in accordance with section X(b) of this Act, and
ITUst be approved by the Secretary and b] a majority of the adult members of the
Tribe, Nation, or Band participa.ting in an election conducted by the Secretary.
w~~
Cu\X..
In addition to all powers CNer their membership arrl assets ~ested in the Tribe,
Nation, or Band by existirg law, the constitution adcpted and approved pursuant
~
~
to this section shall prooide the Tribe, Nation, or Barrl with all the rights,
privileges, po.vers and irranunities of a municipality of and subject to the laws of
the State of Maine.
(b) The Secretary rray not approoe a constitution adopted pursuant to
subsection (a) unless he also approves a charter of incorporation to govern the
proprietary affairs of the Tribe, Nation or Barrl.
Such a charter must be approved
by a najority of the adult merrbers of the Tribe, Nation, or Band participating
in an election conducted by the Secretary.
Any tribal corporation created by
such a charter shall be subject to all the laws of the State of Maine, but such a
tribal co:rporation shall not constitute a corporation within the meaning of
section ll of the Internal Revenue Code of 1954, as anended.
""
.
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(IRA; Vtf}
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JP
Omit S2829 §6(a), 6(b) and insert the following:
6(a)
The United States shall not have any cr>iminal jur>isdictionlin the State of Maine under sections 1152, 1153, 1154, 1155,
1156, 1164 and 1165 of Title 18, U.S. Code.
(Act of
June 25, 1978, C.645, 62 Stat. 757, 758)Act of July
12, 1960, §1 and 2, 74 Stat. 469).
6(b)(i)
The State of Maine shall have jurisdiction over
offenses committed by or against Indians in the State of
Maine to the same extent that the State has jurisdiction
over offenses committed elsewhere within the State,
and the criminal laws of the State of Maine shall
•
have the same force and effect on lands owned by
Indians or Indian tribes, nations, or bands in Maine,
or by the United States in trust for such Indian,
Indian tribe, nation or baud.
(ii)
Nothing in this section shall authorize the alienation,
encumbrance, or taxation of any real or personal
property, including water rights, belonging to any
Indian or any Indian tribe, band, or community that
is held in trust by the United States or is subject
to a restriction against alienation imposed by the
United States; or shall authorize regulation of the
use of such property in a manner inconsistent with
•
any Federal treaty, agreement, or statute or with
any regulation made pursuant thereto.
6(c)(i)
The State of Maine shall have jurisdiction over all
civil causes of action between Indians or to which
Indians are parties which arise in the State of
Maine to the same extent that the State has jurisdiction over other civil causes of action, and those
�•' ·~ \~, ,;.( ••,.::-:-·.:::-~::. ~· ' :::-.-;:~ .....:.:-·.··:"'·~::y o ' • •' ',. C' • L·:, : ,- <, ~·::J.·,, .•; .~ ',
J
0
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~
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f)
•.::. ;~ ¥:·~
•' • .: •. •;._
..-:.- "·· ·..; .:;:,:- ' ,' : :.:
. :
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~·~·:~.~~ .;-,-....... -.:.:~~<:~_'.:J, ,.-•..<'. ~ ··C:: -~··· •.'~ . .·,")_' -.::.,•
-7c-
•
civil laws of the
Stat~
of Maine that are of general
application to private persons or private property
shall have the same force and effect on lands owned by
Indians or Indian tribes, nations, or bands in
Maine~
or by the United States in trust for such Indian, Indian
tribe, nation or band.
(ii)
Nothing in this section shall authorize the alienation,
encumbrance, or taxation of any real or personal
property, including water rights, belonging to any
Indian or any Indian tribe, band, or community that is
held in trust by the United States or is subject to a
restriction against alienation imposed by the United
•
States; or shall authorize regulation of the use of
such property in a manner inconsistent with any Federal
treaty, agreement, or statute, or with any regulation
made pursuant thereto.
6(d)
The Maine Implementing Act is not an agreement within
the meaning of §109 of the Act of November 8, 1978, 92
Stat.
6(e)
3074.
Retain.
A revised 82829 §6(c) and 6(d) follows on page 8:
•
.':' •:.
�-8-
- Section 6 (c) shoold be arrended to read as follCMS:
•
(c) (1) The Passanaquoddy Tribe, the Penotscot Nation, and the Houlton
Band of Maliseet Indians, and all nembers 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 residin] in the State of Maine may sue and be sued in
those
courts,~,
(i) the Passarncquoddy Tribe and the_Penobscot Nation+-
and their officers and employees shall
~ -~e
from suit when the respective
S~-1~·
.
Tribe or Nation /s acting in its ~verrnren~ capacity or is acting pm:suant to
its~t~n· adcpted pursuant to section Y(a)
of this Act; and (ii) 28
u.s.c
~ §1362 shall be applicable to civil actions brought by the Passamcquoddy Tribe,
I
•
the Penobscot Na tion,j£
_;rl the Houlton Barrl of Maliseet Indians.
;'
(2 ) Notmvi thstanding the provisions of section 34 77 of the Revised
Stab.ltes, as arrenc3ed (31
u.s.c.
§203), the Secretary is authorized to recognize~ /
valid court orders entering noney judgrrents against either the Passamaquoody
Tribe or the Penotscot Nation by assigninJ to the judgrrent creditor the right to
receive future income from the Settlement Fund established pursuant to section
5 (a) of this Act.
The Secretary shall issue regulations necessary to carry out
the purpcses of this paragraph.
- Amerrl section 6 (d) to read:
(d) The corcent of the United States is hereby given to the State of Maine
and the Passamcquoody Tribe and the Penobscot Nation and the same are hereby
authorized to enter into compacts and agreements between themselves on matters
~'y
~·;
•
relating to (1) the enforcement or application of civil, crirrdnal, and regulatory
laws of each within their respective jurisdiction, and (2) allocation or
determination of governmental responsibility of the State and the Tribe or Nation
over
s~cifiErl
subject matters or s:t;ecified geographical areas, or both, including
agreements or compacts which provide for concurrent jurisdiction between the
State arrl the Tribe or Nation, and (3) agreements or canpacts which provide for
transfer of
jur~sdiction o~
individual cases from tribal courts to State courts
or State ccu-r·t s to tribal courts in
ac~;ordance
laws of the State anc3 Tribe or Nation.
with procedures established by the
�•
-9Section 6 (f) soould b= <Eleted for the reasons stated in the statement of Secretary
Andrus to the Senate Select Canmittee.
Sect ion 6 (g) sh:>uld
re revised to read as follCMS: -
(g) The follCMing statutes shall not
re applicable to Indian lands or
tribes in the State of Maine;
(1) Section 5 of the Act of August 15, 1876 (19 .stat. 200);
(2) Section 1 of the Act of March 3, 1901 (31 Stat. 1066), as amended;
(3) Section 2132 and Section 2133 of the Revised Statutes, as amended;
(4) Sections 405(k) and 710 of the Act of August 3, 1977 (91 Stat.
459, 523);
(5) Section 164(c) arrl (e) of the Clean Air Act, as anended by section
•
127(a) of the Act of August 7, 1977 (91 Stat. 735);
(6) Act of October 31, 1979 (93 Stat. 721);
(7) Section 8(d) of the Act of November 16, 1977 (91 Stat. 1397);
(8) Section 23 of the Federal Insecticide, Fungicide, and Rodenticide
Act, as arrended by section 21 of the Act of September 30, 1978 (92 Stat. 834),
insofar as this section authorizes the Adndnistrator to enter into cooperative
agreerrents with Indian tribes;
•
•
(
'!be verb in the second second sentence of section 7 (a) shoold be changed to say
11~1.. .... 1 1
-~--.: --11
---"-'-~-- "-'---
lf~\... ... 1 1
__.....__,_ ..,.,.
"
�•
-lQ-
Section 10 should be rurended to read:
Sec~ All funds of either the Passamaquoddy Tribe or the Penobscot Nation
held in
t~
by the State of Maine as of the effective date of this Act shall be
tramferred by the State of Maine to the Secretary to be held in trust for the
benefit of the Tribe or Nation as part of the principal of the Settlenent Fund
allocatoo to that Tribe or Nation by section 5 of this Act:
Provided that, the
Secretary shall accept the transfer of those funds only after he has found that
autrorized officials of the respective Tribe or Nation have executed general
releases of the State of Maine and the United States in connection with any claims
~
regarding past administration or management of those funds.
Section 11 should be deleted as unnecessary.
To the extent that the State desires
a general release or discharge of any obligations it may have toward the Indians
or Indian tribes within the State as a result of agreenents or treaties entered
into with those Indians or Indian tribes, the United States need not be a party
to any such release or discharge since any obligation arises under state law and
may be addressed adequately by the state legislation.
Section 12 should be cuoonded by m:lking the existing provision subsection (a) and
adding a new subsection (b) as follows:
(b) NothwithstarX3ing any other prooision of law, any action to oontest the
constitutionality of this Act shall be barred unless the crnplaint is filed within
•
one hundred eighty (180) days after the date of the enactnent of this Act •
Exclusive jurisdiction over such actions is hereby vested in the United States
District Court for the District of Maine.
�
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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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UMAINE045
Title
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Proposed changes in S. 2829 (Undated)
Date
A point or period of time associated with an event in the lifecycle of the resource
Undated
Source
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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 12
Language
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English
Type
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Text
Documents
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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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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)
Application of Federal Law
Application of State Law
Extinguishment of Claims
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PUBLIC LAW 96-420-0CT. 10, 1980 ,
94 STAT. 1785
Public Law 96-420
96th Congress
An Act
r· -• . •
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.
Oct. 10, 1980
[H.R. 7919)
Be it enacted by the Senate and House of Representatives of the ~~~~es Indian
United States of America in Congress assembled, That this Act may be Settlement Act
cited as the "Maine Indian ClaimsSettlem~nt Act of 1980".
of 1980.
25 usc 1721. note.
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
SEc. 2. (a) Congress hereby finds and de~lares that:
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the
Maliseet Tribe are asserting claims f<;>r pos?ession of lands within
the State of Maine and for damages on the ground that the lands·
in question were originally transferred in violation of law,
including, but without limitation, the Trade and Intercourse Act
of 1790 (1 Stat. 137), or subsequent reenactments or versions
thereo(
·
(2) The Indians, Indian m;1tions, and . tribes . and · bands of
Indians, other than . the Passamaql,loddy Trjbe,.·th~ Penobscot
Nation, and the Houlton Band of Maliseet.· Iru;lians, that once
may have held aboriginal title to lands within-the State ofM~ine
long ago abandoned their aboriginal holdings.
·
·
(3) The Penobscot Nation, as represented as. of the time of
passage of this Act by the Penobscot-. :Nati9n's Qovernor and
Council, is the sole successor in interest to the. ~boriginal entity
generally known , as · the Penobscot-_ Nation · which years ago
claimed aboriginal title to certain lands. in the State of Maine.
(4) The Passamaquoddy 'rtibe, as represent~~ as of the time of
passage of this Act ·by the Joint. Tribal . Coul}~il of the Passamaquoddy Tribe, is the sole succ~ssor in interes_:to .tpe aboriginal
t
entity generally known_ the P~ssama_quoddy Tribe which years
as
ago claimed:, aboriginal title to c_ rtain lands . ip the State of.
e
Maine.
·
·
(5) The Houlton-Band.ofM_ liseet Indian.s~ as :~~presented as of
a
the time of passage of this Act by the HouJton :ij~nd Co~ncil, is
the sole successor in interest, . as to . lands . withiq·_ the United
States, to the aboriginal entity generally known as· tpe .Maliseet
Tribe which years ago claimed aboriginal title to . cer:t~in lands in
the State of Maine.
(6) Substantial economic and social hardship to a h:u:ge number
of landowners, citizens, and commu,nities iiJ the State of Maine,
and therefore to the economy of the State of Maine as ~ whole,
will result if the aforementioned claims are not resolved
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promptly.
(7) This Act represents a good faith effort OQ ~he part of
Congress to provide the Passamaquoddy Tribe, the Penobscot
Nation, and the Houlton Band ofMaliseet Indians \\,'ith ~fair and
25USC 1721..
79-139 0 - 80 (251)
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PUBLIC LAW 96-420-0CT. 10, 1980
just settlement of their land claims. In the absence of congres- _. , ...:
sional action, these land claims would be pursued through the ...
courts, a process which in . all likelihood would consume many .. .
years and thereby promote hostility and uncertainty in the State :-· ·
of Maine to the ultimate detriment of the Passamaquoddy Tribe, · ·....;~:.; · -·'
the Penobscot Nation, the Houlton Band of Maliseet Indians,
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their members, and all other citizens of the State of Maine. · ··· -: '.
(8) The State of Maine, with the agreement of the Passama-· .. .
quoddy Tribe and the Penobscot Nation, has enacted legislation · ·: ~., .. ·
defining the relationship between the Passamaquoddy Tribe, the . · ·
Penobscot Nation, and their members, and the State of Maine. _. ... ·:..-~
(9) Since 1820, the State of Maine has provided special services ·:. ~ .:···..,
to the Indians residing within its borders, including the members .··... ,· ·
of the Passamaquoddy Tribe, the Penobscot Nation, and the ,-: . ·
Houlton Band of Maliseet Indians. During this same period, the . .
United States provided few special services to the respective.· ..·.' .·:· ·
tribe, nation, or band, and repeatedly denied that it had jurisdic- ..· .
tion over or responsibility for the said tribe, nation, and band. In · ·
view of this provision of special services by the State of Maine, .. _-,requiring substantial expenditures by the State of Maine and
made by the State of Maine without being required to do so by · · ~ '·~ -~
Federal law, it is the intent of Congress that the State of Maine · ·· · ·
not be required further to contribute directly to this claims ' · · ·
settlement.
(b) It is the purpose of this Act(1) to remove the cloud on the titles to land in the State of
Maine resulting from Indian claims;
.
(2) to clarify the status of other land and natural resources in· · .. ·
-. .. .
the State of Maine;
(3) to ratify the Maine Implementing Act, which defines the · · .. . .
relationship between the State of Maine and the Passamaquoddy :-:::· ~ ...
Tribe, and the Penobscot Nation, and
. ... ::.::~ .•
(4) to confirm that all other Indians, Indian nations and tribes ,.: -:·..:~; .:
and bands of Indians now or hereafter existing or recognized in :.:.:>:<:
/
the State of l\1aine are and shall be subject to all laws of the State ·... · .... ·
of Maine, as provided herein.
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DEFINITIONS
25
usc 1722.
SEc. 3. For purposes of this Act, the term. ~' ·~-":':· .
(a) "Houlton Band of Maliseet Indians" means the sole succes- . •. ':'.·.: .· ..
sor to the 1\'Ialiseet 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;
(bl "land or natural resources" means any real property or r
natural resources, or any interest in or right involving any real !
property or natural resources, including but without limitation
minerals and mineral rights, timber and timber rights, water
and water rights, and hunting and fishing rights;
(c) "Land Acquisition Fund" means the Maine Indian Claims
Land Acquisition Fund established under section 5(c) of this Act;
(d) "laws of the State" means the constitution, and all statutes,
regulations, and common laws of the State of Maine and its
political subdivisions and all subsequent amendments thereto or
judicial interpretations thereof;
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PUBLIC LAW 96-420-0CT. 10, 1980
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94 STAT. 1787
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(e) "Maine Implementing Act" means section 1, section 30, and
section 31, of the "Act to Implement the Maine Indian Claims
Settlement" enacted by the State of Maine in chapter 732 of the
public laws of 1979;
(0 "Passamaquoddy Indian Reservation" means those lands as
defined in the Maine Implementing Act;
(g) "Passamaquoddy Indian Territory" means those lands as
defined in the Maine Implementing Act;
(h) "Passamaquoddy Tribe" means the Passamaquoddy Indian
Tribe, as constituted in aboriginal times and all its predecessors
and successors in interest. The Passamaquoddy Tribe is represented, as of 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 aboriginal times, and all its predecessors and
successors in interest. The Penobscot Nation is represented, as of
the date of enactment of this Act, by the Penobscot Nation
Governor and Council;
(1) "Secretary" means the Secretary of the Interior;
(m) "Settlement Fund" means the Maine Indian Claims Settlement Fund established under section 5(a) of this Act; and
(n) "transfer" includes but is not limited to any voluntary or
involuntary sale, grant, lease, allotment, partition, or other
conveyance; any transaction the purpose of which was to effect a
sale, grant, lease, allotment, partition, or conveyance; and any
act, event, or circumstance that resulted in a change in title to,
possession of, dominion over, or control of land or natural
resources.
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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
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SEc. 4. (a)(l) Any transfer of land or natural resources located
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anywhere within the United States from, by, or on behalf of the
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of
Maliseet Indians, or any of their members, and any transfer of land
or natural resources located anywhere within the State of Maine,
from, by, or on behalf of any Indian, Indian nation, or tribe or band of
Indians, including but without limitation any transfer pursuant to
any treaty, compact, or statute of any State, shall be deemed to have
been made in accordance with the Constitution and all laws of the
United States, including but without limitation the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, Sec. 4, 1 Stat. 137, 138),
and all amendments thereto and all subsequent reenactments and
versions thereof, and Congress hereby does approve and ratify any
such transfer effective as of the date of said transfer: Provided
.
however, That nothing in this section shall be construed to affect or
This prov lSO was added eliminate the personal claim of any individual Indian \except for any The excepti n
to make clear that the Federal common law fraud claim) which is pursued under any law of in the prov'so
Act did not extinguish general applicability that protects non-Indians as well as Indians. relating to
25
usc 1723.
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any ordinary land title
claim of an individual
Indian in Maine.
(S. Rec. pp. 92-93)
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Federal co
law fraud claims was inserted at t
reque~t of the State.
The State
concerned lthat the Nonintercourse
claims might be recast as a feder . · ..~~ -.; ·;
common law fraud · claim . (the · theory <-.
applies both to Indian and non-Indians:
and that the statute of limitations
might be held not to apply to the Fegeral cause of action~ Interior disaci-
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94 STAT. 1788
PUBLIC LAW 96-420-0CT. 10, 1980
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(2) The United States is barred from asserting on behalf of any
.T his section w.as added in
Indian, Indian nation, or tribe or band of Indians any claim under the
lieu· -of a ~~ovision which
laws of the State of Maine arising before the date of this Act and
ld h
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arising from any transfer of land or natural resources by any Indian,
wou.
c;.ve ; a
the Congress Indian nation, or tribe or band of Indians, located anywhere within
.~xtlngulsh jState-based cla- the State of Maine, including but without limitation any transfer
lms •.
The Ip. terior Dept fel tpursuant to any treaty, compact, or statute of any State, on the
such a proc;e dure was "inap- grounds that sue~ transfer was not made in accordance with the laws
.
(S R
)
of the State ofMame.
P ropria te" · ,
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(3) The United States is barred from asserting by or on behalf of any
individual Indian any claim under the laws of the State of Maine
arising from any transfer of land or natural resources located
anywhere within the State of Maine from, by, or on behalf of any
individual Indian, which occurred prior to December 1, 1873, including but without limitation any transfer pursuant to any treaty,
compact, or statute of any State.
(b) To the extent that any transfer of land or natural resources
described in subsection (a)(l) of this section may involve land or
natural resources to which the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians, or any of their
members, or any other Indian, Indian nation, or tribe or band of
Indians had aboriginal title, such subsection (a)(l) shall be regarded
as an extinguishment of said aboriginal title as of the date of such
transfer.
(c) By virtue of the approval and ratification of a transfer of land or
natural resources effected by this section, or the extinguishment of
aboriginal title effected thereby, all claims against the United States,
any State or subdivision thereof, or any other person or entity, by the
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of
Maliseet Indians or any of their members or by any other Indian,
Indian nation, tribe or band of Indians, or any predecessors or
successors in interest thereof, arising at the time of or subsequent to
the transfer and based on any interest in or right involving such land
or natural resources, including but without limitation claims for
trespass damages or claims for use and occupancy, shall be deemed
Effective date.
extinguished as of the date of the transfer.
(d) The provisions of this section shall take effect immediately upon
appropriation of the funds authorized to be appropriated to implePublication in
ment the provisions of section 5 of this Act. The Secretary shall
Federal
publish notice of such appropriation in the Federal Register when
Register.
such funds are appropriated.
,
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ESTABLISHMENT OF FUNDS
Maine Indian
Claims
Settlement
Fund.
25 usc 1724.
Waiver.
25 USC 162a.
SEc. 5. (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 appropriation of sums authorized by section 14 of this Act.
(b)(l) One-half of the prfncipal of the settlement fund shall be held
in trust by the Secretary for the benefit of the Passamaquoddy Tribe,
and the other half of the settlement fund shall be held in trust for the
benefit of the Penobscot Nation. Each portion of the settlement fund
shall be administered by the Secretary in accordance with reasonable
terms established by the Passamaquoddy Tribe or the Penobscot
Nation, respectively, and agreed to by the Secretary: Provided, That
the Secretary may not agree to terms which provide for investment of
the settlement fund in a manner not in accordance with section 1 of
the Act of June 24, 1938 (52 Stat. 1037), unless the respective tribe or
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PUBLIC LAW 96-420-0CT. 10, 1980
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94 STAT. 1789
nation first submits a specific waiver of liability on the part of the
United States for any loss which may result from such an investment:
Provided, further, That until such terms have been agreed upon, the
Secretary shall fix the terms for the administration of the portion of
the settlement fund as to which there is no agreement.
(2) Under no circumstances shall any part of the principal of the
settlement fund be distributed to either the Passamaquoddy Tribe or
the Penobscot Nation, or to any member of either tribe or nation:
Provided, however, That nothing herein shall prevent the Secretary
from investing the principal of said fund in accordance with paragraph (1) of this subsection.
(3) The Secretary shall make available to the Passamaquoddy Tribe
and the Penobscot Nation in quarterly payments, without any
deductions except as expressly provided in subsection 6(d)(2) and
without liability to or on the part of the United States, any income
received from the investment of that portion of the settlement fund
allocated to the respective tribe or nation, the use of which shall be
free of regulation by the Secretary. The Passamaquoddy Tribe and
the Penobscot Nation annually shall each expend the income from
$1,000,000 of their portion of the settlement fund for the benefit of
their respective members who are over the age of sixty. Once
payments under this paragraph have been made to the tribe or
nation, the United States shall have no further trust responsibility to
the tribe or nation or their members with respect to the sums paid,
any subsequent distribution of these sums, or any property or
services purchased therewith.
(c) There is hereby established in the United States Treasury a fund
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 ofMaliseet
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 Passama_quoddyTribe, the Penobscot Nation, and the Houlton Band ofMaliseet
Indians and for no other purpose.<.The first 150,000 acres of land or
natural resources acquired for the Passamaquoddy·Tribe and the first
150,000 acres acquired for the Penobscot Nation within the area
described in the Maine Implementing Act as eligible to be included
within the Passamaquoddy Indian Territory and the Penobscot
Indian Territory shall be held in trust by the United States for the
benefit of the respective tribe or nation. The Secretary is also
authorized to take in trust for the Passamaquod,dy 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 area]. 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
Intertor fo ...
standard of
original ver
be "difficul "
recommended ~ .a pproac
taken from t
~ericc
Indian Polic Rev1ew
Commission.
he AIPRC
recornmenda tio ·. wa·s the
tribes be all w~d to
manage their rust
fqnosd.if they releasee
M ameln 1an
Claims Land
the U.S. from
Acquisition
1 i ab i i t y . . ..
Fund,
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establishment. (sen.
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Land or natural
resources,
acquisition.
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State of Maine
and Houlton
Band of Maliseet
Indians,
negotiations.
PUBLIC LAW 96-420-0CT. 10, 1980
no land or natural resources shall be so acquired for or on behalf of
the Houlton Band of Maliseet Indians without the prior enactment of
appropriate legislation by the State of Maine approving such acquisition: Provided fur.j.h.er,_ That the Passamaquoddy Tribe and the
Penobscot Nation shall each have a one-half undivided interest in the
corpus of the trust, which shall consist of any such property or
subsequently acquired exchange property, in the event the Houlton
Band of Maliseet Indians should terminate its interest in the trust.
(4) The Secretary is authorized to, and at the request of either
party shall, participate in negotiations between the State of
Maine and the Houlton Band of Maliseet Indians for the purpose
of assisting in securing agreement as to the land or natural
resources to be acquired by the United States to be held in trust
for the benefit of the Houlton Band. Such agreement shall be
embodied in the legislation enacted by the State of Maine
approving the acquisition of such lands as required by section
5(dJ(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 r?ot w1th1n either the
Passamaquoddy Indmn 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 fcovernmental
purposes updP.r thf ~~ine Implementin~ ct~
(ii) paymer{fS o (f er tees and tax to 1:he extent
imposed on the Passamaquoddy Tribe and the Penobscot
Nation under the Maine Implementing Act, except that
the b
deemed to be a overnmental
lementin Act or to ave t e
powers Of a milnlcljJality under the Maine- mp em en~
mg;Act;
tm) securing performance of obligations of the Houlton Band arising after the effective date of agreement
between the State and the band.
(D) provisions on the location of these lands.
Except as set forth in this subsection, such agreement shall not
include any other provisions regarding the enforcement or appli. cation 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
s
Report to
congressional
committees.
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PUBLIC LAW 96-420-0CT. 10, 1980
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94 STAT. 1791 ::
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February 26, 1931 (46 Stat. 1421), the Secretary may acquire land or~" The cited proiis~or:~
natural resources under this section from the ostensible owner of the allow Federal
genclE
land or natural resources only if the Secretary and the ~sten.sible to utilize con emna-:·ownerofthe land or natural resources have agreed upon the Identity of t ·
procedures ·and
the land or natural resources to be sold and upon the purchase price
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and other terms of sale. Subject to the agreement required by the dec lara tlons of~ ta 1 -ns
preceding sentence, the Secretary may institute condemnation pro- to acquire land .:fo.r .
ceedi~gs in orde: to perfect title, satisfact~ry to the Attorney Gen- F edera 1 l?1lrpos~s. . O.u:r
eral, I}l the Umted States and condt;n:n mtere~ts adverse to .the (Interior~ s) ptroposec
ostensible owner. Except for the provisiOns of this Ac~, _,the United
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States sha.ll have no other authority to. acquire la~cl@;vor !latural sect1on 5 (d) w:9uld
resources m trust for the benefit of Indians or Indian natiOns, or· not bar the us!e of.
tribes, or bands oflndians in the State of Maine.
·
such procedures but
(f) The Secretary may not expend on behalf of the Passamaquoddy
t .
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Tribe, the Penobscot Nation, or the Houlton Band ofMaliseet Indians would only requlre
any sums deposited in the funds established pursuant to the subsec- the consent of the
tions (a) and (c) of this section unless and until he finds that landowner to tihe tern
authorized officials of the respective tribe, nation, or band have
f
h takin J " ( s er
executed appropriate documents relinquishing all claims to the 0
sue
Sf·
extent provided by sections 4, 11, and 12 of this Act and by section Re c . P • 9 9 )
I
6213 of the Maine Implementing Act, including stipulations to the
·
final judicial dismissal with prejudice of their claims.
2116 R~vised
(g)(l) The provisions of section 2116 of the Revised Statutes shall 25 usc 177.
not be applicable to (A) the Passamaquoddy Tribe, the Penobscot statutes (25 u~c 177)
Nation, or the Houlton Band ofMaliseet Indians or any other Indian, is the Noninte~course
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 Act in its pr~se~~
;
Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of form.
Maliseet Indians or any other Indian, Indian nation or tribe or band
I
I .:
of Indians in the State of Maine. Except as provided in subsections
(d)(4) and (g)(2), such land or natural resources shall not otherwise be
1. •:::-. •... ' ; •• •
···.
I•
subject to any restraint on alienation by virtue of being held in trust
by the United States or the Secretary.
(2) Except as provided in paragraph (3) of this subsection, any Special restra nt ;dh:
transfer of land or natural resources within Passamaquoddy Indian alienation rep aces .
Territory or Penobscot Indian Territory, except (A) takings for public
SC
b t has·
17 7 u ·
uses consistent with the Maine Implementing Act, (B) takings for 2 5 U
·
public uses pursuant to the laws of the United States, or (C) transfers same effect.
.ta.t~ ..
of individual Indi~n use assignments. from one member of the and Tribes d if .~t:e:Q. ·· .-.
Passam~quoddy 'l:'nbe or Penobs~ot N~t~o~ to ano~her member of~he
r whether c · · - J,.aw
se
same tnbe or nation, shall be vmd ab 1n1tlo and without any vahd1ty 0 ':e
f
'·s· 1? 7
c
25 !.' ·. ·.,
in law or equity.
h1story o
.
(3) Land or natural resources within the Passamaquoddy Indian Land or natur~l appl1es to
Territory or the Penobscot Indian Territory or held in trust for the ~esorces held m this! special
benefit of the. Hou~ton Ba~d of Maliseet Indians may, at the request rus .
restraint.
of the respective tnbe, natiOn, or band, be(A) leased in accordance with the Act of August 9, 1955 (69 Stat.
539), as amended;
25 usc
(B) leased in accordance with the Act of May 11, 1938 (52 Stat. 415-415d. 396.
34 7), as amended;
25 USC
(C) sold in accordance with section 7 of the Act of June 25, 1910 ~~~:;396 f and
(36 Stat. 857), as amended;
25 usc 407 .
(D) subjected to rights-of-way in accordance with the Act of
February 5, 1948 (62 Stat. 17);
25 usc 323-328
(E) exchanged for other land or natural resources of equal and note.
value, or if they are not equal, the values shall be equalized by
the payment of money to the grantor or to the Secretary for
deposit in the land acquisition fund for the benefit of the affected
.~·
�94 STAT. 1792
5 (h) . was added il1Land or natural
•
1
leU Of 5 (f) Of S • reSO';Jr~eS, .
S2 g
It ..L.
•
admtmstrabon.
•
PLOVldes, by retating exi~t~ng law, that
he Secre~a:ry may 25 usc 450f.
nter into contracts for
he managem~nt of Indian
erritory u~der the Selfeterminati~n Act.
.t
:.
•
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r
Condemnation
proceedings.
State
jurisdiction, U.S.
judicial review.
'-------'5>
•
PUBLIC LAW 96-420-0CT. 10, 1980
tribe, nation, or band, as the circumstances require, so long as
payment does not exceed 25 per centum of the total value of the
interests in land to be transferred by the tribe, nation, or band;
and
(F) sold, only if at the time of sale the Secretary has entered
into an option agreement or contract of sale to purchase other
lands of approxi:rpate 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 Self-Determination and Education
Assistance Act (88 Stat. 2206), or other existing law.
(i)(l) Trust or restricted land or natural resources within the
Passamaquoddy Indian Reservation or the Penobscot Indian Reservation may be condemned for public purposes pursuant to the Maine
Implementing Act. In the event that the compensation for the taking
is in the form of substitute land to be added to the reservation, such
land snan-become a part of the reservation in accordance with the
Maine Implementing Act and upon notification to the Secretary of
the location and boundaries of the substitute land. Such substitute
land shall have the same trust or restricted status as the land taken.
To the extent that the compensation is in the form of monetary '
proceeds, it shall be deposited and reinvested as provided in paragraph (2) of this subsection.
(2) Trust land of the Passamaquoddy Tribe or the Penobscot Nation
not within the Passamaquoddy Reservation or Penobscot Reservation
may be condemned for public purposes pursuant to the Maine
lmp_lementins Act. The proceeds from any such condemnation shall
be deposzted m the land acquisition fund established by section 5(c)
and shall be reinvested in acreage within unorganized or unincorporated areas of the State of Maine. When1lle proceeds are reinvested in
land whose acreage does not exceed that of the land taken, all the
land shall be acquired in trust. When the proceeds are invested in
land whose acreage exceeds the acreage of the land taken, the
respective tribe or nation shall designate, with the approval of the
United States, and within thirty days of such reinvestment, that
portion of the land acquired by the reinvestment, not to exceed the
area taken, which shall be acquired in trust. The land not acquired in
trust shall be held in fee by the respective tribe or nation. The
Secretary shall certify, in writing, to the Secretary of State of the
State of Maine the location, boundaries, and status of the land
acquired.
(3) The State of Maine shall have initial jurisdiction over condemnation proceedings brought under this section. The United States
shall be a necessary party to any such condemnation proceedings.
After exhaustion of all State administrative remedies, the United
States is authorized to seek J·udicial review of all relevant matters in
the courts of the United States and shall have an absolute right of
removal, at its discretion, over any action commenced in the courts of
the State.
(j) When trust or restricted land or natural resources of the
Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of
Maliseet Indians are condemned pursuant to any law of the United
States other than this Act, the proceeds paid in compensation for
such condemnation shall be deposited and reinvested in accordance
with subsection (i)(2) of this section.
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PUBLIC LAW 96-420-0CT. 10, 1980
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94 STAT. 1793
APPLICATION OF STATE LAWS
SEc. 6. (a) Except as provided in section 8(e) and section 5(d)(4), all Stnte civil and
Indians, Indian nations, or tribes or bands of Indians in the State of criminal
Maine, other than the Passamaquoddy Tribe, the Penobscot Nation, jurisdiction.
and their members, and any lands or natural resources owned by any 25 usc 1725·
I
.
.
such Indian, Indian nation, tribe or band of Indians and any lands or
~ . . . .. ' .
natural resources held in trust by the United States, or by any other
,. .
person or entity, for any such Indian, Indian nation, tribe, or band of
~ .
.- -.
Indians shall be subject to the civil and criminal jurisdiction of the
,.- . : ·.
State, the laws of the State, and the civil and criminal jurisdiction of
the courts of the State, to the same extent as any other person or land
therein.
(b)(l) The Passamaquoddy Tribe, the Penobscot Nation, and their
members, and the land and natural resources owned by, or held in
trust for the benefit of the tribe, nation, or their members, shall be
subject to the jurisdiction of the State of Maine to the extent and in
the manner provided in the Maine Implementing Act and that Act is
hereby approved, ratified, and confirmed.
(2) Funds appropriated for the benefit of Indian people or for the
administration of Indian affairs may be utilized, consistent with the
purposes for which they are appropriated, by the Passamaquoddy
- .
- . ·.
Tribe and the Penobscot Nation to provide part or all of the local
share as provided by the Maine Implementing Act.
(3) Nothing in this section shall be construed to supersede any
Federal laws or regulations governing the provision or funding of
services or benefits to any person or entity in the State of Maine
unless expressly provided by this Act.
(4) Not later than October 30, 1982, the Secretary is directed to Report to
submit to the appropriate committees of the House of Representa- congressional
tives and the Senate having jurisdiction over Indian affairs a report committees.
I·:.--· ..
on the Federal and State funding provided the Passamaquoddy Tribe
and Penobscot Nation compared with the respective Federal and
State funding in other States.
(c) The United States shall not have any criminal jurisdiction in the State criminal
State of Maine under the provisions of sections 1152, 1153, 1154, 1155, jurisdiction,
1156, 1160, 1161, and 1165 of title 18 of the United States Code. This effective date.
I provision shall not be effective until sixty days after the publication
of notice in the Federal Register as required by subsection 4(d) of this
Act.
(d)(l) The Passamaquoddy Tribe, the Penobscot Nation, and the
I· , . . .
Houlton Band of Maliseet Indians, and all members thereof, and all
t
.
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
r
Maine and the United States to the same extent as any other entity
!.
or person residing in the State of Maine may sue and be sued in those
courts; and section 1362 of title 28, United States Code, shall be
applicable to civil actions brought by the Passamaquoddy Tribe, the
Penobscot Nation, and the Houlton Band of Maliseet Indians: 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 31 USC 203.
Federal, State, or territorial court which enters money judgments for
causes of action which arise after the date of the enactment of this 6 (d) ( 2) was
dd d
Act against either the Passamaquoddy Tribe or the Penobscot Nation in lieu
f
(.a e
6 C) of
by making an assignment to the judgment creditor of the right to S
I
.
i'I
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'/
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•
•
.~
l<·.
r ..
2
°· . ,
the Secretary of the Inte ·. have :permitted judgment c~ed ~~9 Whlch woulc
strative attachment" of t~lor .. Thls new section orovid l.fors"to . ~u7
ment ,Act is also made inap;li~!~f~ ~rust fund ~nc~me.
;~e ~~ti:~~~l-o such ass l.qnmen ns
(S R
I lgn
·
· ec. p !lOl)
;
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94 STAT. 1794
...~;r..
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\21·~r:·:·;·~ \ ~;;:.:·~
PUBLIC -LAW 96-420-0CT. 10, 1980
· • '"
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receive income out of the next quarterly payment from the settlement fund established pursuant to section 5(a) of this Act and out of
such future quarterly payments as may be necessary until the
judgment is satisfied.
(e)(l) The consent of the United States is hereby given to the State Lan \iacje.
of Maine to amend the Maine Implementing Act with respect to tak n..- · rorn .
t
either the Passamaquoddy Tribe or the Penobscot Nation: Provided,
S•
·.~ ·81 1
That such amendment is made with the agreement of the affected
tribe or nation, and that such amendment relates to (A) the enforce- 96t Congre~
ment or application of civil, criminal, or regulatory laws of the the Tribal- .
Passamaquoddy Tribe, the Penobscot Nation, and the State within
their respective jurisdictions; (B) the 'allocation or determination of !~re compac
governmental responsibility of the State and the tribe or nation over
specified subject matters or specified geographical areas, or both,
I
including provision for concurrent jurisdiction between the State and
1
the tribe or nation; or (C) the allocation of jurisdiction between tribal
courts and State courts.
(2) Notwithstanding the provisions of subsection (a) of this section,
the State of Maine and the Houlton Band of Maliseet Indians are
authorized to execute agreements regarding the jurisdiction of the
State of Maine over lands owned by or held in trust for the benefit of
the band or its members.
Separate
(D The Passamaquoqdy Tribe and the Penobscot Nation are hereby
jurisdiction.
authorized to exercise jurisdiction, separate and distinct from the
civil and criminal jurisdiction of the State of Maine, to the extent
authorized by the Maine Implementing Act, and any subsequent
amendments thereto.
(g) The Passamaquoddy Tribe, the Penobscot Nation, and the State
_
Note: J;n testimony---7 of Maine shall give full faith and credit to the judicial proceedings of
each other.
· ·before tfhe Indian
. This
(h) Except as other wise provided in this Act, the laws and NOt
Affairs · committee, Tim
ula is ·
regulations of the United States which are generally applicable to"""f 0
Vollmatin s~id that the
Indians, Indian nations, or tribes or bands of Indians or to lands
lete reowned by or held in trust for Indians, Indian nations, or tribes or
fuil faith . and credit .
al of thE
bands of Indians shall be applicable in the State of Maine, except that
ques~tion might be more
ul·a in tl
no law or regulation of the United States (1) which accords or relates
properly . d~scribed as a
i'ntrc
to a special status or right of or to any Indian, Indian nation, tribe or
question of comity.
Ne- band of Indians, Indian lands, Indian reservations, Indian country, due d ~ .. _:: rrhis ·
Indian territory or land held in trust for Indians, and also (2) which seqtion ; was ·
vertheless ~ the terms
affects or preempts the civil, criminal, or regulatory jurisdiction of
remained i~ the Act.
the State of Maine, including, without limitation, laws of the State thEf, subj'~c.t ... (
relating to land use or environmental matters, shall apply within the a t ·uch · dis~u~
(See Sen. ~ec. p 49)
State.
si n and corrhe language was Certain Indian
(i) As federally recognized Indian tribes, the Passamaquoddy Tribe, re pondence j
changed, howevert,l'ibes, financial the Penobscot Nation, and the Houlton Band of Maliseet Indians
to limit the
benefits and tax shall be eligible to receive all of the financial benefits which the th~ Cornrni t teE
full faith and c~~~_i~·
United States provides to Indians, Indian nations, or tribes or bands re ort is inof Indians to the same extent and subject to the same eligibility te ded to clc:
terms to the State and
criteria generally applicable to other Indians, Indian nations or tribes
the tribes rather than
or bands of Indians. The Passamaquoddy Tribe, the Penobscot ri ·Y i t . .(S.
96-957)
including the U.S. and
Nation, and the Houlton Band ofMaliseet Indians shall be treated in
a 11 the 0 ther states .
the same manner as other federally recognized tribes for the purposes
·
of Federal taxation and any lands which are held by the respective
~·
Interior noted that this tribe, nation, or band subject to a restriction against alienation or
~
\
it form of comity" could
which are held in trust for the benefit of the respective tribe, nation,
'
have been agreed to by
or band shall be considered Federal Indian reservations for purposes
the State and the tribes of Federal taxation.
...
a's..
Reft
Nithout the consent of Congress.
It was included at the request
of the State of Maine and the Indian tribes.
(S.Rec. p 102)
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PUBLIC LAW 96-420-0CT. 10, 1980
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TRIBAL ORGANIZATION
J
i
t?e·¢tion. 7 (a lis
SEc. 7. (a) The Passamaquoddy Tribe, the Penobscot Nation, and
iti.tenqeq to .rQ.ake
the Houlton Band of Maliseet Indians may each organize for its
clear that the
common welfare and adopt an appropriate instrument in writing to
t 1b ·
·
'
govern the affairs of the tribe, nation, or band when each is acting in
e s , have ~he
its governmental capacity. Such instrument and any amendments
r
au thor1 ty ·to org- thereto must be consistent with the terms of this Act and the Maine
ani ze. under fedImplementing Act. The Passamaquoddy Tribe, the Penobscot Nation,
eral law.
(S. Rec. and the Houlton B~nd of M~liseet In.dians shall each file with the
· l 0 3 ) Al.
~
Secretary a copy of 1ts organ1c governing document and any amendP•
.
so' see ments thereto.
In ter1or' s con erns (b) For purposes of benefits under this Act and the recognition
at S. Rec. p. ~)
extended the Houlton Band of Maliseet Indians, no person who is not
State at torne s
a citizen of the United States may be considered a member of the
.
.
Houlton Band of Maliseets, except persons who, as of the date of this
h a d a d V l sed t: e
.
Act, are enrolled members on the band's existing membership roll,
In ter1or Dept tha tand direct lineal descendants of such members. Membership in the
the tribes need
band shall be subject to such further qualifications as may be
not organize -to
provided by the band in its organic governing document or amendments thereto subject to the approval of the Secretary.
-.
t a k_e a d vantage of
rnunicipali ty ~ Status.
IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
( S • Rec • P 1 0 ~
·:·t, '.; ~~
94 STAT. 1795
2!i
usc 1726.
Houlton Band of
Maliseet
sirnila
Indians,
p
1
membership. ascua l
to
Yaqu1.
lirnita}ion
(P.L. 95-3751, , (See
s.Rec. P· lr3)
·
•
,
I.
)
SEc. 8. (a) The Passamaquoddy Tribe or the Penobscot Nation may Indian child
assume exclusive jurisdiction over Indian child custody proceedings custody
proceedings,
ffoul ton Band of
pursuant to the Indian Child 'Velfare Act of 1978 (92 Stat. 30G9). tribal
~aliseet Indians
Before the respective tribe or nation may assume such jurisdiction jurisdiction.
added to
· over Indian child custody proceedings, the respective tribe or nation 25 usc 1727.
.
. o: 1.- shall present to the Secretary for approval a petition to assume such 2il usc 1901
g1.nal ve.r sl.on jurisdiction and the Secretary shall approve that petition in the note.
25 usc 1918.
of S • 2 8 2 9 •
manner prescribed by sections 108(a)-( c) of said Act.
(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."
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 "Indian tribe."
Indians is an "Indian tribe" within section 4(8) of the Act, provided.
that nothing in this subsection shall alter or effect the jurisdiction of
the State of Maine over child welfare matters as provided in subsec\
tion 6(e)(2) of this Act.
(f) Until the Passamaquoddy Tribe or the Penobscot Nation has Indian child
assumed exclusive jurisdiction over the Indian child custody proceed- custodv
proceedings,
ings pursuant to this section, the State of Maine shall have exclusive jurisdiction.
jurisdiction over Indian child custody proceedings of that tribe or
nation.
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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 Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet
25
usc 1728.
.
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94 STAT. 1796
~--~--~--
PUBLIC LAW 96-420-0CT. 10, 1980
Indians pursuant to the terms of this Act shall be considered by any
I
,_ ;:~f!:; : .t.~\ < ·; , : , .· ;
~~a1~~~~\if~~~:~Jf}:~~£i::JJ:~~~~ifo~e~;~~i~~1i~~c?:;~~~
(b) The eligibility for or rece~pt of payments from th~ State of
Maine by the Passamaquoddy Tnbe a!ld the Penobsc_ot Nation or any
oftheir_members pursuant to the Mame Implementmg.Act shall n?t
be cons1dered by any department or agency of the Umted States m
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.
-. f -ted that 9 (c)
(c) The availability of funds or distribution of funds pursuant to
test~ ...~.
section 5 of this Act may not be considered as income or resources or
Tom Tureen
·the NaVaJootherwise utilized as the basis (1) for denying any Indian household or
ken from ·
The
member thereof participation in any federally assisted housing
was ta
tion Act.
program, (2) for denying or reducing the Federal financial assistance
Hopi Reloca
d -was that'
or other Federal benefits to which such household or member would
·
1e offere
rat~ona
.
language, the
otherwise be entitled, or (3) for denying or reducing the Federal
withoUt th~ ~
aid to the financial assistance or other Federal benefits to which the Passamaent moneY P ld simplY quoddy Tribe or Penobscot Nation would otherwise be eligible or
se ttlem members "cou
"
'ld
.. 1
.
curi tY. entlt e .
· ·
_
i
.
9 (b) -was
_ .
.
in s~ct~on
he
rhe prov~so k
clear that ~ d r
· dded- to ma e .
1 maY
cons~ e .
3. _ d ral agenc~e s :
. al s i tua t~on
f e ·_ e" · tual fin arc~
p
10 4)
the ac
.
n · ( S.
ReC ·
.
:>f the Tr~b ·
·
e
tr:l:ba
- . ·soc~al se
duce the~r i
~~- ReC· p 183) :
25 USC 1729.
26
usc 1033.
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 meaning of section 1033 of the Internal Revenue Code of
1954, as amended.
TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE OF MAINE
25
usc 1730.
SEc. 11. All funds of either the Passamaquoddy Tribe or the
Penobscot Nation held in trust by the State of Maine as of the
effective date of this Act shall be transferred to the Secretary to be
held in trust for the respective tribe or nation and shall be added to
the principal of the settlement fund allocated to that tribe or nation.
The receipt of said State funds by the Secretary shall constitute a full
discharge of any claim of the respective tribe or nation, its predecessors and successors in interest, and its members, may have against
the State of Maine, its officers, employees, agents, and representatives, arising from the administration or management of said State
funds. Upon receipt of said State funds, the Secretary, on behalf of
the respective tribe an.d nation, shall execute general releases of all
claims against the State of Maine, its officers, employees, agents, and
representatives, arising from the administration or management of
said State funds.
OTHER CLAIMS DISCHARGED BY THIS ACT
25
usc 1731.
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
�:;: ~~..-:.-···-· :..:..: . ·--'"'----•
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94 STAT. 1797
PUBLIC LAW 96-420-0CT. 10, 1980
all of the officers or employees thereof arising from any treaty or
agreement with, or on behalf of any Indian nation, or tribe or band of
Indians or the United States as trustee therefor, including those
actions now pending in the United States District Court for the
District of Maine captioned United States of America against State of
Maine (Civil Action Nos. 1966-ND and 1969-ND).
~
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LIMITATION OF ACTIONS
SEC. 13. Except as provided in this Act, no provision of this Act shall 25 usc 1732.
be construed to constitute a jurisdictional act, to confer jurisdiction to
sue, or to grant implied consent to any Indian, Indian nation, or tribe
or band of Indians to sue the United States or any of its officers with
respect to the claims extinguished by the operation of this Act.
AUTHORIZATION
SEc. 14. There is hereby authorized to be appropriated $81,500,000 25 usc 1733.
for the fiscal year beginning October 1, 1980, for transfer to the funds
established by section 5 of this Act.
INSEPARABILITY
SEc. 15. In the event that any provision of section 4 of this Act is 25 usc 1734.
held invalid, it is the intent of Congress that the entire Act be
invalidated. In the event that any other section or provision of this
Act is held invalid, it is the intent of Congress that the remaining
sections of this Act shall continue in full force and effect.
CONSTRUCTION
SEc. 16. (a) In the event a conflict of interpretation between the 25 usc 1735.
provisions of the Maine Implementing Act and this Act should
emerge, the provisions of this Act shall govern.
(b) The provisions of any Federal law enacted after the date of
enactment of this Act for the benefit of Indians, Indian nations, or
tribes or bands of Indians, which would affect or preempt the
application of the laws of the State of Maine, including application of
the laws of the State to lands owned by or held in trust for Indians, or
Indian nations, tribes, or bands of Indians, as provided in this Act and
the Maine Implementing Act, shall not apply within the State of
Maine, unless such provision of such subsequently enacted Federal
law is specifically made applicable within the State of Maine.
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Approved October 10, 1980.
J
(
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-1353 <Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96-957 accompanying S. 2829 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (19801:
Sept. 22, considered and passed House.
Sept. 23, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 11, Presidential statement.
0
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�Note:
As introduced, S. 2829, section 6(g) read as follows:
"(g) Except as provided in this Act, the laws of the United
States which relate or accord special status or riqhts to Indians,
Indian nations, tribes or bands of Indians, Indian lands, Indian
reservations, Indian country, Indian territory, or lands held in
trust for Indians, shall not apply with the State of Maine:"
This exclusion of federal Indian law was explained by Tom
Tureen at the hearing of the Joint Select Committee of the Maine
State Legislature on Indian Land Claims as springing from an
"area( ) of mutual interest" between the Maine tribes and the
State of Maine.
The tribal interest in making federal Indian
law inapplicable was explained by Mr. Tureen as follows:
"in the case of the General Body of Federal Indian Requlatory
Law which the Tribes carne to see as a source of unnecessary
Federal interference in the management of Tribal property ... "
Mr. Tureen described the State interest as follows:
" ... and the
State carne to see (federal Indian law) as a source of uncertainty
in future Tribal-State relations."
(unpublished MS at page 25)
At the hearing before the Senate Select Committee on Indian
Affairs, Mr. Tureen described the tribal interest in making federal
Indian law inapplicable in the State of Maine as follows:
" ... it
is also true to say that the tribes are concerned about the
problems that existed in the West because of the pervasive interference and involvement of the Federal Government in internal
tribal matters."
(Hearings before the Senate Select Committe on
Indian Affairs, July 1 and 2, 1980, p 182)
�
Dublin Core
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Title
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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>.
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
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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UMAINE035
Title
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Public Law 96-420 (H.R. 7919), with notes in the margins
Date
A point or period of time associated with an event in the lifecycle of the resource
10/10/1980
Source
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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, 3.3.13.2 Box 9, Folder 3
Language
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English
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
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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)
Application of Federal Law
Application of State Law
Extinguishment of Claims
Jurisdiction
Tribal authority