§ 1725 TITLE 25—INDIANS Page 510

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.

§ 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.
Page 511 TITLE 25—INDIANS § 1726

1So in original. Probably should be ‘‘otherwise’’.

(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.

(Pub. L. 96–420, §6, Oct. 10, 1980, 94 Stat. 1793;

Pub. L. 97–428, §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, §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.

§ 1726. Tribal organization

(a) Appropriate instrument in writing; filing of

organic governing document

The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians

may each organize for its common welfare and

adopt an appropriate instrument in writing to

govern the affairs of the tribe, nation, or band

when each is acting in its governmental capacity. Such instrument and any amendments

thereto must be consistent with the terms of

this subchapter and the Maine Implementing

Act. The Passamaquoddy Tribe, the Penobscot

Nation, and the Houlton Band of Maliseet Indians shall each file with the Secretary a copy of

its organic governing document and any amendments thereto.

(b) Membership

For purposes of benefits under this subchapter

and the recognition extended the Houlton Band