§ 1728. — Federal financial aid programs unaffected by payments under subchapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1728]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER II--MAINE INDIAN CLAIMS SETTLEMENT
Sec. 1728. Federal financial aid programs unaffected by payments
under subchapter
(a) Eligibility of State of Maine for participation without regard to
payments to designated Tribe, Nation, or Band under subchapter
No payments to be made for the benefit of the Passamaquoddy Tribe,
the Penobscot Nation, or the Houlton Band of Maliseet Indians pursuant
to the terms of this subchapter shall be considered by any agency or
department of the United States in determining or computing the
eligibility of the State of Maine for participation in any financial aid
program of the United States.
(b) Eligibility of designated Tribe, Nation, or Band for benefits
without regard to payments from State of Maine except in
considering actual financial situation in determining need of
applicant
The eligibility for or receipt of payments from the State of Maine
by the Passamaquoddy Tribe and the Penobscot Nation or any of their
members pursuant to the Maine Implementing Act shall not be considered
by any department or agency of the United States in determining the
eligibility of or computing payments to the Passamaquoddy Tribe or the
Penobscot Nation or any of their members under any financial aid program
of the United States: Provided, That to the extent that eligibility for
the benefits of such a financial aid program is dependent upon a showing
of need by the applicant, the administering agency shall not be barred
by this subsection from considering the actual financial situation of
the applicant.
(c) Availability of settlement or land acquisition funds not income or
resources or otherwise used to affect federally assisted housing
programs or Federal financial assistance or other Federal
benefits
The availability of funds or distribution of funds pursuant to
section 1724 of this title may not be considered as income or resources
or otherwise utilized as the basis (1) for denying any Indian household
or member thereof participation in any federally assisted housing
program, (2) for denying or reducing the Federal financial assistance or
other Federal benefits to which such household or member would otherwise
be entitled, or (3) for denying or reducing the Federal financial
assistance or other Federal benefits to which the Passamaquoddy Tribe or
Penobscot Nation would otherwise be eligible or entitled.
(Pub. L. 96-420, Sec. 9, Oct. 10, 1980, 94 Stat. 1795.)
Section Referred to in Other Sections
This section is referred to in section 13d of this title.
