Notes on 25 U.S.C. § 1721 : US Code - Notes

Search Notes on 25 U.S.C. § 1721 : US Code - Notes

(Pub. L. 96-420, Sec. 2, Oct. 10, 1980, 94 Stat. 1785.)
REFERENCES IN TEXT
The Trade and Intercourse Act of 1790 (1 Stat. 137), referred to
in subsec. (a)(1), is act July 22, 1790, ch. 33, 1 Stat. 137, which
was not classified to the Code. See sections 177, 179, 180, 193,
194, 201, 229, 230, 251, 263, and 264 of this title.
SHORT TITLE
Section 1 of Pub. L. 96-420 provided: "That this Act [enacting
this subchapter] may be cited as the 'Maine Indian Claims
Settlement Act of 1980'."
AROOSTOOK BAND OF MICMACS SETTLEMENT
Pub. L. 102-171, Nov. 26, 1991, 105 Stat. 1143, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Aroostook Band of Micmacs
Settlement Act'.
"SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
"(a) Findings and Policy. - Congress hereby finds and declares
that:
"(1) The Aroostook Band of Micmacs, as represented as of the
time of passage of this Act by the Aroostook Micmac Council, is
the sole successor in interest, as to lands within the United
States, to the aboriginal entity generally known as the Micmac
Nation which years ago claimed aboriginal title to certain lands
in the State of Maine.
"(2) The Band was not referred to in the Maine Indian Claims
Settlement Act of 1980 [25 U.S.C. 1721 et seq.] because
historical documentation of the Micmac presence in Maine was not
available at that time.
"(3) This documentation does establish the historical presence
of Micmacs in Maine and the existence of aboriginal lands in
Maine jointly used by the Micmacs and other tribes to which the
Micmacs could have asserted aboriginal title but for the
extinguishment of all such claims by the Maine Indian Claims
Settlement Act of 1980.
"(4) The Aroostook Band of Micmacs, in both its history and its
presence in Maine, is similar to the Houlton Band of Maliseet
Indians and would have received similar treatment under the Maine
Indian Claims Settlement Act of 1980 if the information available
today had been available to Congress and the parties at that
time.
"(5) It is now fair and just to afford the Aroostook Band of
Micmacs the same settlement provided to the Houlton Band of
Maliseet Indians for the settlement of that Band's claims, to the
extent they would have benefited from inclusion in the Maine
Indian Claims Settlement Act of 1980.
"(6) Since 1820, the State of Maine has provided special
services to the Indians residing within its borders, including
the members of the Aroostook Band of Micmacs. During this same
period, the United States provided few special services to the
Band and repeatedly denied that it had jurisdiction over or
responsibility for the Indian groups in Maine. In view of this
provision of special services by the State of Maine, requiring
substantial expenditures by the State of Maine and made by the
State of Maine without being required to do so by Federal law, it
is the intent of Congress that the State of Maine not be required
further to contribute directly to this settlement.
"(b) Purpose. - It is the purpose of this Act to -
"(1) provide Federal recognition of the Band;
"(2) provide to the members of the Band the services which the
United States provides to Indians because of their status as
Indians; and
"(3) place $900,000 in a land acquisition fund and property tax
fund for the future use of the Aroostook Band of Micmacs; and
"(4) ratify the Micmac Settlement Act, which defines the
relationship between the State of Maine and the Aroostook Band of
Micmacs.
"SEC. 3. DEFINITIONS.
"For the purposes of this Act:
"(1) The term 'Band' means the Aroostook Band of Micmacs, the
sole successor to the Micmac Nation as constituted in aboriginal
times in what is now the State of Maine, and all its predecessors
and successors in interest. The Aroostook Band of Micmacs is
represented, as of the date of enactment of this Act [Nov. 26,
1991], as to lands within the United States, by the Aroostook
Micmac Council.
"(2) The term 'Band Tax Fund' means the fund established under
section 4(b) of this Act.
"(3) The term 'Band Trust Land' means land or natural resources
acquired by the Secretary of the Interior and held in trust by
the United States for the benefit of the Band.
"(4) The term 'land or natural resources' means any real
property or natural resources, or any interest in or right
involving any real property or natural resources, including (but
not limited to) minerals and mineral rights, timber and timber
rights, water and water rights, and hunting and fishing rights.
"(5) The term 'Land Acquisition Fund' means the fund
established under section 4(a) of this Act.
"(6) The term 'laws of the State' means the constitution, and
all statutes, regulations, and common laws of the State of Maine
and its political subdivisions and all subsequent amendments
thereto or judicial interpretations thereof.
"(7) The term 'Maine Implementing Act' means the Act entitled
'Act to Implement the Maine Indian Claims Settlement' that was
enacted by the State of Maine in chapter 732 of the Maine Public
Laws of 1979, as amended by chapter 675 of the Maine Public Laws
of 1981 and chapter 672 of the Maine Public Laws of 1985, and all
subsequent amendments thereto.
"(8) The term 'Micmac Settlement Act' means the Act entitled
'Act to implement the Aroostook Band of Micmacs Settlement Act'
that was enacted by the State of Maine in chapter 148 of the
Maine Public Laws of 1989, and all subsequent amendments thereto.
"(9) The term 'Secretary' means the Secretary of the Interior.
"SEC. 4. AROOSTOOK BAND OF MICMACS LAND ACQUISITION AND PROPERTY
TAX FUNDS.
"(a) Land Acquisition Fund. - There is hereby established in the
Treasury of the United States a fund to be known as the Aroostook
Band of Micmacs Land Acquisition Fund, into which $900,000 shall be
deposited by the Secretary following the appropriation of sums
authorized by section 10.
"(b) Band Tax Fund. - (1) There is hereby established in the
Treasury of the United States a fund to be known as the Aroostook
Band of Micmacs Tax Fund, into which shall be deposited $50,000 in
accordance with the provisions of this Act.
"(2) Income accrued on the Land Acquisition Fund shall be
transferred to the Band Tax Fund until a total of $50,000 has been
transferred to the Band Tax Fund under this paragraph. No transfer
shall be made under this subsection if such transfer would diminish
the Land Acquisition Fund to a balance of less than $900,000.
"(3) Whenever funds are transferred to the Band Tax Fund under
paragraph (2), the Secretary shall publish notice of such transfer
in the Federal Register. Such notice shall specify when the total
amount of $50,000 has been transferred to the Band Tax Fund.
"(4) The Secretary shall manage the Band Tax Fund in accordance
with section 1 of the Act of June 24, 1938 (52 Stat. 1037; 25
U.S.C. 162a), and shall utilize the principal and interest of the
Band Tax Fund only as provided in paragraph (5) and section 5(d)
and for no other purpose.
"(5) Notwithstanding the provisions of title 31, United States
Code, the Secretary shall pay out of the Band Tax Fund, all valid
claims for taxes, payments in lieu of property taxes, and fees,
together with any interest and penalties thereon -
"(A) for which the Band is determined to be liable;
"(B) which are final and not subject to further administrative
or judicial review; and
"(C) which have been certified by the Commissioner of Finance
in the State of Maine as valid claims that meet the requirements
of this paragraph.
"(c) Source for Certain Payments. - Notwithstanding any other
provision of law, if -
"(1) the Band is liable to the State of Maine or any county,
district, municipality, city, town, village, plantation, or any
other political subdivision thereof for any tax, payment in lieu
of property tax, or fees, together with any interest and
penalties thereon, and
"(2) there are insufficient funds in the Band Tax Fund to pay
such tax, payment, or fee (together with any interest or
penalties thereon) in full,
the deficiency shall be paid by the Band only from income-producing
property owned by the Band which is not held in trust for the Band
by the United States and the Band shall not be required to pay such
tax, payment, or fee (or any interest or penalty thereon) from any
other source.
"(d) Procedure for Filing and Payment of Claims. - The Secretary
shall, after consultation with the Commissioner of Finance of the
State of Maine, and the Band, prescribe written procedures
governing the filing and payment of claims under this section.
"SEC. 5. AROOSTOOK BAND TRUST LANDS.
"(a) In General. - Subject to the provisions of section 4, the
Secretary is authorized and directed to expend, at the request of
the Band, the principal of, and income accruing on, the Land
Acquisition Fund for the purposes of acquiring land or natural
resources for the Band and for no other purposes. Land or natural
resources acquired within the State of Maine with funds expended
under the authority of this subsection shall be held in trust by
the United States for the benefit of the Band.
"(b) Alienation. - (1) Land or natural resources acquired with
funds expended under the authority of subsection (a) and held in
trust for the benefit of the Band may be alienated only by -
"(A) takings for public use pursuant to the laws of the State
of Maine as provided in subsection (c);
"(B) takings for public use pursuant to the laws of the United
States; or
"(C) transfers made pursuant to an Act or joint resolution of
Congress.
All other transfers of land or natural resources acquired with
funds expended under the authority of subsection (a) and held in
trust for the benefit of such Band shall be void ab initio and
without any validity in law or equity.
"(2) The provisions of paragraph (1) shall not prohibit or limit
transfers of individual use assignments of land or natural
resources from one member of the Band to another member of such
Band.
"(3) Land or natural resources held in trust for the benefit of
the Band may, at the request of the Band, be -
"(A) leased in accordance with the Act of August 9, 1955 (25
U.S.C. 415 et seq.);
"(B) leased in accordance with the Act of May 11, 1938 (25
U.S.C. 396a et seq.);
"(C) sold in accordance with section 7 of the Act of June 25,
1910 (25 U.S.C. 407);
"(D) subjected to rights-of-way in accordance with the Act of
February 5, 1948 (25 U.S.C. 323 et seq.);
"(E) exchanged for other land or natural resources of equal
value, or if they are not equal, the values shall be equalized by
the payment of money to the grantor or to the Secretary for
deposit in the land acquisition fund for the benefit of the Band,
as the circumstances require, so long as payment does not exceed
25 percent of the total value of the interests in land to be
transferred by the Band; and
"(F) sold, only if at the time of sale the Secretary has
entered into an option agreement or contract of sale to purchase
other lands of approximate equal value.
"(c) Condemnation by State of Maine and Political Subdivisions
Thereof. - (1) Land or natural resources acquired with funds
expended under the authority of subsection (a) and held in trust
for the benefit of the Band may be condemned for public purposes by
the State of Maine, or any political subdivision thereof, only upon
such terms and conditions as shall be agreed upon in writing
between the State and such Band after the date of enactment of this
Act [Nov. 26, 1991].
"(2) The consent of the United States is hereby given to the
State of Maine to further amend the Micmac Settlement Act for the
purpose of embodying the agreement described in paragraph (1).
"(d) Acquisition. - (1) Lands and natural resources may be
acquired by the Secretary for the Band only if the Secretary has,
at any time prior to such acquisition -
"(A) transmitted a letter to the Secretary of State of the
State of Maine stating that the Band Tax Fund contains $50,000;
and
"(B) provided the Secretary of State of the State of Maine with
a copy of the procedures for filing and payment of claims
prescribed under section 4(d).
"(2)(A) No land or natural resources may be acquired by the
Secretary for the Band until the Secretary files with the Secretary
of State of the State of Maine a certified copy of the deed,
contract, or other conveyance setting forth the location and
boundaries of the land or natural resources to be acquired.
"(B) For purposes of subparagraph (A), a filing with the
Secretary of State of the State of Maine may be made by mail and,
if such method of filing is used, shall be considered to be
completed on the date on which the document is properly mailed to
the Secretary of State of the State of Maine.
"(3) Notwithstanding the provisions of the first section of the
Act of August 1, 1888 (40 U.S.C. 257) [now 40 U.S.C. 3113] and the
first section of the Act of February 26, 1931 (40 U.S.C. 258a) [now
40 U.S.C. 3114(a)-(d)], the Secretary may acquire land or natural
resources under this section from the ostensible owner of the land
or natural resources only if the Secretary and the ostensible owner
of the land or natural resources have agreed upon the identity of
the land or natural resources to be sold and upon the purchase
price and other terms of sale. Subject to the agreement required by
the preceding sentence, the Secretary may institute condemnation
proceedings in order to perfect title, satisfactory to the Attorney
General of the United States, in the United States and condemn
interests adverse to the ostensible owner.
"(4)(A) When trust or restricted land or natural resources of the
Band are condemned pursuant to any law of the United States other
than this Act, the proceeds paid in compensation for such
condemnation shall be deposited into the Land Acquisition Fund and
shall be reinvested in acreage within unorganized or unincorporated
areas of the State of Maine. When the proceeds are reinvested in
land whose acreage does not exceed that of the land taken, all the
land shall be acquired in trust. When the proceeds are invested in
land whose acreage exceeds the acreage of the land taken, the Band
shall designate, with the approval of the United States, and within
30 days of such reinvestment, that portion of the land acquired by
the reinvestment, not to exceed the area taken, which shall be
acquired in trust. The land acquired from the proceeds that is not
acquired in trust shall be held in fee by the Band. The Secretary
shall certify, in writing, to the Secretary of State of the State
of Maine the location, boundaries, and status of the land acquired
from the proceeds.
"(B) The State of Maine shall have initial jurisdiction over
condemnation proceedings brought under this section. The United
States shall be a necessary party to any such condemnation
proceedings. After exhaustion of all State administrative remedies,
the United States is authorized to seek judicial review of all
relevant matters involved in such condemnation proceedings in the
courts of the United States and shall have an absolute right of
removal, at its discretion, over any action commenced in the courts
of the State.
"(5) Land or natural resources acquired by the Secretary in trust
for the Band shall be managed and administered in accordance with
terms established by the Band and agreed to by the Secretary in
accordance with section 102 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450f) or other applicable law.
"SEC. 6. LAWS APPLICABLE.
"(a) Federal Recognition. - Federal recognition is hereby
extended to the Aroostook Band of Micmacs. The Band shall be
eligible to receive all of the financial benefits which the United
States provides to Indians and Indian tribes to the same extent,
and subject to the same eligibility criteria, generally applicable
to other federally recognized Indians and Indian tribes.
"(b) Application of Federal Law. - For the purposes of
application of Federal law, the Band and its lands shall have the
same status as other tribes and their lands accorded Federal
recognition under the terms of the Maine Indian Claims Settlement
Act of 1980 [25 U.S.C. 1721 et seq.].
"(c) Eligibility for Special Services. - Notwithstanding any
other provision of law authorizing the provision of special
programs and services by the United States to Indians because of
their status as Indians, any member of the Band in Aroostook
County, Maine, shall be eligible for such services without regard
to the existence of a reservation or the residence of members of
the Band on or near a reservation.
"(d) Agreements With State Regarding Jurisdiction. - The State of
Maine and the Band are authorized to execute agreements regarding
the jurisdiction of the State of Maine over lands owned by, or held
in trust for the benefit of, the Band or any member of the Band.
The consent of the United States is hereby given to the State of
Maine to amend the Micmac Settlement Act for this purpose:
Provided, That such amendment is made with the agreement of the
Aroostook Band of Micmacs.
"SEC. 7. TRIBAL ORGANIZATION.
"(a) In General. - The Band may organize for its common welfare
and adopt an appropriate instrument in writing to govern the
affairs of the Band when acting in its governmental capacity. Such
instrument and any amendments thereto must be consistent with the
terms of this Act. The Band shall file with the Secretary a copy of
its organic governing document and any amendments thereto.
"(b) Members. - For purposes of benefits provided by reason of
this Act, only persons who are citizens of the United States may be
considered members of the Band except persons who, as of the date
of enactment of this Act [Nov. 26, 1991], are enrolled members on
the Band's existing membership roll, and direct lineal descendants
of such members. Membership in the Band shall be subject to such
further qualifications as may be provided by the Band in its
organic governing document, or amendments thereto, subject to
approval by the Secretary.
"SEC. 8. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT.
"For the purposes of this section, the Band is an 'Indian tribe'
within the meaning of section 4(8) of the Indian Child Welfare Act
of 1978 (25 U.S.C. 1903(8)), except that nothing in this section
shall alter or affect the jurisdiction of the State of Maine over
child welfare matters as provided by the Maine Indian Claims
Settlement Act of 1980 [25 U.S.C. 1721 et seq.].
"SEC. 9. FEDERAL FINANCIAL AID PROGRAMS UNAFFECTED BY PAYMENTS
UNDER THIS ACT.
"(a) State of Maine. - No payments to be made for the benefit of
the Band pursuant to this Act shall be considered by any agency or
department of the United States in determining or computing the
eligibility of the State of Maine for participation in any
financial aid program of the United States.
"(b) Band and Members of the Band. - (1) The eligibility for, or
receipt of, payments from the State of Maine by the Band or any of
its members shall not be considered by any department or agency of
the United States in determining the eligibility of, or computing
payments to, the Band or any of the members of the Band under any
Federal financial aid program.
"(2) To the extent that eligibility for the benefits of any
Federal financial aid program is dependent upon a showing of need
by the applicant, the administering agency shall not be barred by
this subsection from considering the actual financial situation of
the applicant.
"SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated $900,000 for the fiscal
year 1992 for transfer to the Aroostook Band of Micmacs Land
Acquisition Fund.
"SEC. 11. INTERPRETATION.
"In the event of a conflict of interpretation between the
provisions of the Maine Implementing Act, the Micmac Settlement
Act, or the Maine Indian Claims Settlement Act of 1980 [25 U.S.C.
1721 et seq.] and this Act, the provisions of this Act shall
govern.
"SEC. 12. LIMITATION OF ACTIONS.
"No provision of this Act may be construed to confer jurisdiction
to sue, or to grant implied consent to the Band to sue, the United
States or any of its officers with respect to the claims
extinguished by the Maine Indian Claims Settlement Act of 1980 [25
U.S.C. 1721 et seq.]."