25 U.S.C. § 1723 : US Code - Section 1723: Approval of prior transfers and extinguishment of Indian title and claims of Indians within State of Maine

Search 25 U.S.C. § 1723 : US Code - Section 1723: Approval of prior transfers and extinguishment of Indian title and claims of Indians within State of Maine

(a) Ratification by Congress; personal claims unaffected; United
States barred from asserting claims on ground of noncompliance of
transfers with State laws or occurring prior to December 1, 1873
(1) Any transfer of land or natural resources located anywhere
within the United States from, by, or on behalf of the
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of
Maliseet Indians, or any of their members, and any transfer of land
or natural resources located anywhere within the State of Maine,
from, by, or on behalf of any Indian, Indian nation, or tribe or
band of Indians, including but without limitation any transfer
pursuant to any treaty, compact, or statute of any State, shall be
deemed to have been made in accordance with the Constitution and
all laws of the United States, including but without limitation the
Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33,
Sec. 4, 1 Stat. 137, 138), and all amendments thereto and all
subsequent reenactments and versions thereof, and Congress hereby
does approve and ratify any such transfer effective as of the date
of said transfer: Provided however, That nothing in this section
shall be construed to affect or eliminate the personal claim of any
individual Indian (except for any Federal common law fraud claim)
which is pursued under any law of general applicability that
protects non-Indians as well as Indians.
(2) The United States is barred from asserting on behalf of any
Indian, Indian nation, or tribe or band of Indians any claim under
the laws of the State of Maine arising before October 10, 1980, and
arising from any transfer of land or natural resources by any
Indian, Indian nation, or tribe or band of Indians, located
anywhere within the State of Maine, including but without
limitation any transfer pursuant to any treaty, compact, or statute
of any State, on the grounds that such transfer was not made in
accordance with the laws of the State of Maine.
(3) The United States is barred from asserting by or on behalf of
any individual Indian any claim under the laws of the State of
Maine arising from any transfer of land or natural resources
located anywhere within the State of Maine from, by, or on behalf
of any individual Indian, which occurred prior to December 1, 1873,
including but without limitation any transfer pursuant to any
treaty, compact, or statute of any State.
(b) Aboriginal title extinguished as of date of transfer
To the extent that any transfer of land or natural resources
described in subsection (a)(1) of this section may involve land or
natural resources to which the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians, or any of their
members, or any other Indian, Indian nation, or tribe or band of
Indians had aboriginal title, such subsection (a)(1) of this
section shall be regarded as an extinguishment of said aboriginal
title as of the date of such transfer.
(c) Claims extinguished as of date of transfer
By virtue of the approval and ratification of a transfer of land
or natural resources effected by this section, or the
extinguishment of aboriginal title effected thereby, all claims
against the United States, any State or subdivision thereof, or any
other person or entity, by the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians or any of their
members or by any other Indian, Indian nation, tribe or band of
Indians, or any predecessors or successors in interest thereof,
arising at the time of or subsequent to the transfer and based on
any interest in or right involving such land or natural resources,
including but without limitation claims for trespass damages or
claims for use and occupancy, shall be deemed extinguished as of
the date of the transfer.
(d) Effective date; authorization of appropriations; publication in
Federal Register
The provisions of this section shall take effect immediately upon
appropriation of the funds authorized to be appropriated to
implement the provisions of section 1724 of this title. The
Secretary shall publish notice of such appropriation in the Federal
Register when such funds are appropriated.