25 U.S.C. § 1725 : US Code - Section 1725: State laws applicable

Search 25 U.S.C. § 1725 : US Code - Section 1725: State laws applicable

(a) Civil and criminal jurisdiction of the State and the courts of
the State; laws of the State
Except as provided in section 1727(e) and section 1724(d)(4) of
this title, all Indians, Indian nations, or tribes or bands of
Indians in the State of Maine, other than the Passamaquoddy Tribe,
the Penobscot Nation, and their members, and any lands or natural
resources owned by any such Indian, Indian nation, tribe or band of
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) Jurisdiction of State of Maine and utilization of local share
of funds pursuant to the Maine Implementing Act; Federal laws or
regulations governing services or benefits unaffected unless
expressly so provided; report to Congress of comparative Federal
and State funding for Maine and other States
(1) 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 subchapter.
(4) Not later than October 30, 1982, the Secretary is directed to
submit to the appropriate committees of the House of
Representatives and the Senate having jurisdiction over Indian
affairs a report on the Federal and State funding provided the
Passamaquoddy Tribe and Penobscot Nation compared with the
respective Federal and State funding in other States.
(c) Federal criminal jurisdiction inapplicable in State of Maine
under certain sections of title 18; effective date: publication
in Federal Register
The United States shall not have any criminal jurisdiction in the
State of Maine under the provisions of sections 1152, 1153, 1154,
1155, 1156, 1160, 1161, and 1165 of title 18. This provision shall
not be effective until sixty days after the publication of notice
in the Federal Register as required by section 1723(d) of this
title.
(d) Capacity to sue and be sued in State of Maine and Federal
courts; section 1362 of title 28 applicable to civil actions;
immunity from suits provided in Maine Implementing Act;
assignment of quarterly income payments from settlement fund to
judgment creditors for satisfaction of judgments
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the
Houlton Band of Maliseet Indians, and all members thereof, and all
other Indians, Indian nations, or tribes or bands of Indians in the
State of Maine may sue and be sued in the courts of the State of
Maine and the United States to the same extent as any other entity
or person residing in the State of Maine may sue and be sued in
those courts; and section 1362 of title 28 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 3727 of title 31,
the Secretary shall honor valid final orders of a Federal, State,
or territorial court which enters money judgments for causes of
action which arise after October 10, 1980, against either the
Passamaquoddy Tribe or the Penobscot Nation by making an assignment
to the judgment creditor of the right to receive income out of the
next quarterly payment from the settlement fund established
pursuant to section 1724(a) of this title and out of such future
quarterly payments as may be necessary until the judgment is
satisfied.
(e) Federal consent for amendment of Maine Implementing Act; nature
and scope of amendments; agreement respecting State jurisdiction
over Houlton Band lands
(1) The consent of the United States is hereby given to the State
of Maine to amend the Maine Implementing Act with respect to either
the Passamaquoddy Tribe or the Penobscot Nation: Provided, That
such amendment is made with the agreement of the affected tribe or
nation, and that such amendment relates to (A) the enforcement or
application of civil, criminal, or regulatory laws of the
Passamaquoddy Tribe, the Penobscot Nation, and the State within
their respective jurisdictions; (B) the allocation or determination
of governmental responsibility of the State and the tribe or nation
over specified subject matters or specified geographical areas, or
both, including provision for concurrent jurisdiction between the
State and the tribe or nation; or (C) the allocation of
jurisdiction between tribal courts and State courts.
(2) Notwithstanding the provisions of subsection (a) of this
section, the State of Maine and the Houlton Band of Maliseet
Indians are authorized to execute agreements regarding the
jurisdiction of the State of Maine over lands owned by or held in
trust for the benefit of the band or its members.
(f) Indian jurisdiction separate and distinct from State civil and
criminal jurisdiction
The Passamaquoddy Tribe and the Penobscot Nation are hereby
authorized to exercise jurisdiction, separate and distinct from the
civil and criminal jurisdiction of the State of Maine, to the
extent authorized by the Maine Implementing Act, and any subsequent
amendments thereto.
(g) Full faith and credit
The Passamaquoddy Tribe, the Penobscot Nation, and the State of
Maine shall give full faith and credit to the judicial proceedings
of each other.
(h) General laws and regulations affecting Indians applicable, but
special laws and regulations inapplicable, in State of Maine
Except as other wise (!1) provided in this subchapter, the laws
and regulations of the United States which are generally applicable
to Indians, Indian nations, or tribes or bands of Indians or to
lands owned by or held in trust for Indians, Indian nations, or
tribes or bands of Indians shall be applicable in the State of
Maine, except that no law or regulation of the United States (1)
which accords or relates to a special status or right of or to any
Indian, Indian nation, tribe or band of Indians, Indian lands,
Indian reservations, Indian country, Indian territory or land held
in trust for Indians, and also (2) which affects or preempts the
civil, criminal, or regulatory jurisdiction of the State of Maine,
including, without limitation, laws of the State relating to land
use or environmental matters, shall apply within the State.
(i) Eligibility for Federal special programs and services
regardless of reservation status
As federally recognized Indian tribes, the Passamaquoddy Tribe,
the Penobscot Nation, and the Houlton Band of Maliseet Indians
shall be eligible to receive all of the financial benefits which
the United States provides to Indians, Indian nations, or tribes or
bands of Indians to the same extent and subject to the same
eligibility criteria generally applicable to other Indians, Indian
nations or tribes or bands of Indians. The Passamaquoddy Tribe, the
Penobscot Nation, and the Houlton Band of Maliseet Indians shall be
treated in the same manner as other federally recognized tribes for
the purposes of Federal taxation and any lands which are held by
the respective tribe, nation, or band subject to a restriction
against alienation or which are held in trust for the benefit of
the respective tribe, nation, or band shall be considered Federal
Indian reservations for purposes of Federal taxation.
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
Houlton Band of Maliseet Indians in or near the town of Houlton,
Maine, shall be eligible for such programs and services without
regard to the existence of a reservation or of the residence of
such member on or near a reservation.