Notes on 25 U.S.C. § 1724 : US Code - Notes

Search Notes on 25 U.S.C. § 1724 : US Code - Notes

(Pub. L. 96-420, Sec. 5, Oct. 10, 1980, 94 Stat. 1788.)
CODIFICATION
"Sections 3113 and 3114(a) to (d) of title 40" substituted in
subsec. (e) for "section 1 of the Act of August 1, 1888 (25 Stat.
357), as amended, and section 1 of the Act of February 26, 1931 (46
Stat. 1421)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,
2002, 116 Stat. 1303, the first section of which enacted Title 40,
Public Buildings, Property, and Works.
HOULTON BAND OF MALISEET INDIANS SUPPLEMENTARY CLAIMS SETTLEMENT
Pub. L. 99-566, Oct. 27, 1986, 100 Stat. 3184, provided: "That
this Act may be cited as the 'Houlton Band of Maliseet Indians
Supplementary Claims Settlement Act of 1986'.
"DEFINITIONS
"Sec. 2. For purposes of this Act -
"(1) The term 'Houlton Band Tax Fund' means the fund
established under section 3.
"(2) The term 'Houlton 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 Houlton Band of
Maliseet Indians in accordance with section 5(d) of the Maine
Indian Claims Settlement Act of 1980 (25 U.S.C. 1724(d); 94 Stat.
1789).
"(3) The term 'amended Maine Implementing Act' means the Maine
Implementing Act (defined in section 3(e) of the Maine Indian
Claims Settlement Act of 1980 (25 U.S.C. 1722(e); 94 Stat. 1787))
as amended by -
"(A) the 'Act to amend the Maine Implementing Act with
respect to the Houlton Band of Maliseet Indians', enacted by
the State of Maine in chapter 675 of the Public Laws of 1981,
and
"(B) the State of Maine in chapter 672 of the Public Laws of
1985.
"(4) The term 'Secretary' means the Secretary of the Interior.
"(5) The term 'Houlton Band of Maliseet Indians' has the
meaning given to such term by section 3(a) of the Maine Indian
Claims Settlement Act of 1980 (25 U.S.C. 1722(a)).
"HOULTON BAND TAX FUND
"Sec. 3. (a) There is hereby established in the United States
Treasury a fund to be known as the Houlton Band Tax Fund in which
shall be deposited $200,000 in accordance with the provisions of
this Act.
"(b)(1) Income accrued on the land acquisition fund established
for the Houlton Band of Maliseet Indians pursuant to subsections
(c) and (d)(1) of section 5 of the Maine Indian Claims Settlement
Act of 1980 (25 U.S.C. 1724; 94 Stat. 1789) shall be transferred to
the Houlton Band Tax Fund. No transfer shall be made under this
subsection if such transfer would diminish such land acquisition
fund to a balance of less than $900,000.
"(2) Whenever funds are transferred to the Houlton Band Tax Fund
pursuant to paragraph (1), the Secretary shall publish notice of
such transfer in the Federal Register. Such notice shall specify
when the full amount of $200,000 has been transferred to the
Houlton Band Tax Fund.
"(c) The Secretary shall manage the Houlton Band Tax Fund in
accordance with the first section of the Act of June 24, 1938 (25
U.S.C. 162a), and shall utilize the principal and interest of such
Fund only as provided in subsection (d) and for no other purpose.
"(d) Notwithstanding the provisions of section 3727 of title 31,
United States Code, the Secretary shall pay out of the Houlton Band
Tax Fund all valid claims for taxes, payments in lieu of property
taxes, and fees, together with any interest and penalties thereon -

"(1) for which the Houlton Band of Maliseet Indians are
determined to be liable under the terms of section 6208-A(2) of
the amended Maine Implementing Act,
"(2) which are final and not subject to further administrative
or judicial review, and
"(3) which have been certified by the Commissioner of Finance
and Administration of the State of Maine as valid claims (within
the meaning of section 6208-A(2) of the amended Maine
Implementing Act) that meet the requirements of this subsection.
"(e) Notwithstanding any other provision of law, if -
"(1) the Houlton Band of Maliseet Indians 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 or penalties thereon, and
"(2) there are insufficient funds in the Houlton 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 Houlton Band of Maliseet
Indians only from income-producing property owned by such Band
which is not held in trust for such Band by the United States, and
such Band shall not be required to pay such tax, payment, or fee
(or any interest or penalty thereon) from any other source.
"(f) The Secretary shall, after consultation with the
Commissioner of Finance and Administration of the State of Maine
and the Houlton Band of Maliseet Indians, prescribe written
procedures governing the filing and payment of claims under this
section and section 6208-A of the amended Maine Implementing Act.
"HOULTON BAND TRUST LAND
"Sec. 4. (a) Subject to the provisions of section 3 of this Act,
the Secretary is authorized and directed to expend, at the request
of the Houlton Band of Maliseet Indians, the principal of, and
income accruing on, the land acquisition fund established for such
Band under subsections (c) and (d)(1) of section 5 of the Maine
Indian Claims Settlement Act of 1980 (25 U.S.C. 1724; 94 Stat.
1789) for the purposes of acquiring land or natural resources for
such Band and for no other purpose. Land or natural resources so
acquired within the State of Maine for such Band shall be held in
trust by the United States for the benefit of such Band.
"(b)(1) Land or natural resources acquired with funds expended
under the authority of subsection (a) and held in trust for the
benefit of the Houlton Band of Maliseet Indians 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,
"(C) transfers authorized by section 5(g)(3) of the Maine
Indian Claims Settlement Act of 1980 (25 U.S.C. 1724(g)(3); 94
Stat. 1791), or
"(D) 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 Houlton Band of Maliseet Indians
to another member of such Band.
"(c)(1) Land or natural resources acquired with funds expended
under the authority of subsection (a) and held in trust for the
benefit of the Houlton Band of Maliseet Indians 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 [Oct. 27, 1986].
"(2) The consent of the United States is hereby given to the
State of Maine to further amend the amended Maine Implementing Act
for the purpose of embodying the agreement described in paragraph
(1).
"(d)(1) Lands and natural resources may be acquired by the
Secretary for the Houlton Band of Maliseet Indians 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 Houlton Band Tax Fund contains
$200,000, 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 3(f).
"(2)(A) No land or natural resources may be acquired by the
Secretary for the Houlton Band of Maliseet Indians until the
Secretary -
"(i) 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 by the Secretary, or
"(ii) files with the Secretary of State of the State of Maine a
certified copy of any instrument setting forth the location and
boundaries of the land or natural resources to be acquired.
"(B) For purposes of subparagraph (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."