§ 1725. — State laws applicable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1725]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER II--MAINE INDIAN CLAIMS SETTLEMENT
Sec. 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.
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\1\ So in original. Probably should be ``otherwise''.
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(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.
(Pub. L. 96-420, Sec. 6, Oct. 10, 1980, 94 Stat. 1793; Pub. L. 97-428,
Sec. 3, Jan. 8, 1983, 96 Stat. 2268.)
Codification
In subsec. (d)(2), ``section 3727 of title 31'' substituted for
``section 3477 of the Revised Statutes, as amended'' on authority of
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
Amendments
1983--Subsec. (i). Pub. L. 97-428 inserted provision that
notwithstanding any other provision of law authorizing provision of
special programs and services by United States to Indians because of
their status as Indians, any member of Houlton Band of Maliseet Indians
in or near town of Houlton, Maine, be eligible for such programs and
services without regard to existence of a reservation or of residence of
such member on or near a reservation.
Section Referred to in Other Sections
This section is referred to in sections 13d, 1724, 1727 of this
title.
