§ 1724. — Maine Indian Claims Settlement and Land Acquisition Funds in the United States Treasury.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1724]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER II--MAINE INDIAN CLAIMS SETTLEMENT
Sec. 1724. Maine Indian Claims Settlement and Land Acquisition
Funds in the United States Treasury
(a) Establishment of Maine Indian Claims Settlement Fund; amount
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 1733 of this title.
(b) Apportionment of settlement fund; administration; investments;
limitation on distributions; quarterly investment income
payments; expenditures for aged members; cessation of trust
responsibility following Federal payments
(1) One-half of the principal 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 162a of this
title, unless the respective tribe or 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 section 1725(d)(2) of this title 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) Establishment of Maine Indian Claims Land Acquisition Fund; amount
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 1733 of this title.
(d) Apportionment of land acquisition fund; expenditures for acquisition
of land or natural resources; trust acreage; fee holdings;
interests in corpus of trust for Houlton Band following
termination of Band's interest in trust; agreement for
acquisitions for benefit of Houlton Band: scope, report to
Congress
The principal of the land acquisition fund shall be apportioned as
follows:
(1) $900,000 to be held in trust for the Houlton Band of
Maliseet 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 Passamaquoddy
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet 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 Passamaquoddy 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 areas 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 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 further, 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 paragraph (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
subchapter 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 subchapter and the Maine Implementing Act
that apply to the Passamaquoddy Indian Territory and the
Penobscot Indian Territory but not within either the
Passamaquoddy Indian 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 governmental purposes under the
Maine Implementing Act;
(ii) payments of other fees and taxes to the extent
imposed on the Passamaquoddy Tribe and the Penobscot Nation
under the Maine Implementing Act, except that the band shall
not be deemed to be a governmental entity under the Maine
Implementing Act or to have the powers of a municipality
under the Maine Implementing Act;
(iii) 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
application of the laws of the State of Maine. Within one year of
October 10, 1980, 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) Acquisitions contingent upon agreement as to identity of land or
natural resources to be sold, purchase price and other terms of
sale; condemnation proceedings by Secretary; other acquisition
authority barred for benefit of Indians in State of Maine
Notwithstanding the provisions of sections 3113 and 3114(a) to (d)
of title 40, 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, in the United States and condemn
interests adverse to the ostensible owner. Except for the provisions of
this subchapter, the United States shall have no other authority to
acquire lands or natural resources in trust for the benefit of Indians
or Indian nations, or tribes, or bands of Indians in the State of Maine.
(f) Expenditures for Tribe, Nation, or Band contingent upon documentary
relinquishment of claims
The Secretary may not expend on behalf of the Passamaquoddy Tribe,
the Penobscot Nation, or the Houlton Band of Maliseet Indians any sums
deposited in the funds established pursuant to the subsections (a) and
(c) of this section unless and until he finds that authorized officials
of the respective tribe, nation, or band have executed appropriate
documents relinquishing all claims to the extent provided by sections
1723, 1730, and 1731 of this title and by section 6213 of the Maine
Implementing Act, including stipulations to the final judicial dismissal
with prejudice of their claims.
(g) Transfer limitations of section 177 of this title inapplicable to
Indians in State of Maine; restraints on alienation as provided
in section; transfers invalid ab initio except for: State and
Federal condemnations, assignments, leases, sales, rights-of-
way, and exchanges
(1) The provisions of section 177 of this title shall not be
applicable to (A) the Passamaquoddy Tribe, the Penobscot Nation, or the
Houlton Band of Maliseet Indians or any other Indian, 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 Passamaquoddy Tribe,
the Penobscot Nation, or the Houlton Band of Maliseet Indians or any
other Indian, Indian nation or tribe or band of Indians in the State of
Maine. Except as provided in subsections (d)(4) and (g)(2) of this
section, such land or natural resources shall not otherwise be 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
transfer of land or natural resources within Passamaquoddy Indian
Territory or Penobscot Indian Territory, except (A) takings for public
uses consistent with the Maine Implementing Act, (B) takings for public
uses pursuant to the laws of the United States, or (C) transfers of
individual Indian use assignments from one member of the Passamaquoddy
Tribe or Penobscot Nation to another member of the same tribe or nation,
shall be void ab initio and without any validity in law or equity.
(3) Land or natural resources within the Passamaquoddy Indian
Territory or the Penobscot Indian Territory or held in trust for the
benefit of the Houlton Band of Maliseet Indians may, at the request of
the respective tribe, nation, or band, be--
(A) leased in accordance with sections 415 to 415d of this
title;
(B) leased in accordance with sections 396a to 396g of this
title;
(C) sold in accordance with section 407 of this title;
(D) subjected to rights-of-way in accordance with sections 323
to 328 of this title;
(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 affected 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 approximate equal value.
(h) Agreement on terms for management and administration of land or
natural resources
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 450f of this title, or other existing law.
(i) Condemnation of trust or restricted land or natural resources within
Reservations: substitute land or monetary proceeds as medium of
compensation; condemnation of trust land without Reservations:
use of compensation for reinvestment in trust or fee held
acreage, certification of acquisitions; State condemnation
proceedings: United States as necessary party, exhaustion of
State administrative remedies, judicial review in Federal
courts, removal of action
(1) 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 shall 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 Implementing Act.
The proceeds from any such condemnation shall be deposited in the land
acquisition fund established by subsection (c) of this section 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 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 judicial 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) Federal condemnation under other laws; deposit and reinvestment of
compensatory proceeds
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 subchapter, the proceeds paid in compensation for such
condemnation shall be deposited and reinvested in accordance with
subsection (i)(2) of this section.
(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.''
Section Referred to in Other Sections
This section is referred to in sections 1722, 1723, 1725, 1728, 1733
of this title.
