Page 513 TITLE 25—INDIANS § 1741

§ 1729. Deferral of capital gains

For the purpose of subtitle A of title 26, any

transfer by private owners of land purchased or

otherwise acquired by the Secretary with moneys from the land acquisition fund whether in

the name of the United States or of the respective tribe, nation or band shall be deemed to be

an involuntary conversion within the meaning

of section 1033 of title 26.

(Pub. L. 96–420, §10, Oct. 10, 1980, 94 Stat. 1796;

Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

AMENDMENTS

1986—Pub. L. 99–514 substituted ‘‘Internal Revenue

Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ wherever appearing, which for purposes of codification was

translated as ‘‘title 26’’ thus requiring no change in

text.

§ 1730. Transfer of tribal trust funds held by the

State of Maine

All funds of either the Passamaquoddy Tribe

or the Penobscot Nation held in trust by the

State of Maine as of October 10, 1980, shall be

transferred to the Secretary to be held in trust

for the respective tribe or nation and shall be

added to the principal of the settlement fund allocated to that tribe or nation. The receipt of

said State funds by the Secretary shall constitute a full discharge of any claim of the respective tribe or nation, its predecessors and

successors in interest, and its members, may

have against the State of Maine, its officers, employees, agents, and representatives, arising

from the administration or management of said

State funds. Upon receipt of said State funds,

the Secretary, on behalf of the respective tribe

and nation, shall execute general releases of all

claims against the State of Maine, its officers,

employees, agents, and representatives, arising

from the administration or management of said

State funds.

(Pub. L. 96–420, §11, Oct. 10, 1980, 94 Stat. 1796.)

CODIFICATION

‘‘October 10, 1980,’’ substituted in text for ‘‘the effective date of this Act’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

§ 1731. Other claims discharged by this subchapter

Except as expressly provided herein, this subchapter shall constitute a general discharge and

release of all obligations of the State of Maine

and all of its political subdivisions, agencies, departments, and all of the officers or employees

thereof arising from any treaty or agreement

with, or on behalf of any Indian nation, or tribe

or band of Indians or the United States as trustee therefor, including those actions now pending

in the United States District Court for the District of Maine captioned United States of America against State of Maine (Civil Action Nos.

1966–ND and 1969–ND).

(Pub. L. 96–420, §12, Oct. 10, 1980, 94 Stat. 1796.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

§ 1732. Limitation of actions

Except as provided in this subchapter, no provision of this subchapter shall be construed to

constitute a jurisdictional act, to confer jurisdiction to sue, or to grant implied consent to

any Indian, Indian nation, or tribe or band of Indians to sue the United States or any of its officers with respect to the claims extinguished by

the operation of this subchapter.

(Pub. L. 96–420, §13, Oct. 10, 1980, 94 Stat. 1797.)

§ 1733. Authorization of appropriations

There is hereby authorized to be appropriated

$81,500,000 for the fiscal year beginning October

1, 1980, for transfer to the funds established by

section 1724 of this title.

(Pub. L. 96–420, §14, Oct. 10, 1980, 94 Stat. 1797.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1724 of this title.

§ 1734. Inseparability of provisions

In the event that any provision of section 1723

of this title is held invalid, it is the intent of

Congress that the entire subchapter be invalidated. In the event that any other section or

provision of this subchapter is held invalid, it is

the intent of Congress that the remaining sections of this subchapter shall continue in full

force and effect.

(Pub. L. 96–420, §15, Oct. 10, 1980, 94 Stat. 1797.)

§ 1735. Construction

(a) Law governing; special legislation

In the event a conflict of interpretation between the provisions of the Maine Implementing

Act and this subchapter should emerge, the provisions of this subchapter shall govern.

(b) General legislation

The provisions of any Federal law enacted

after October 10, 1980, for the benefit of Indians,

Indian nations, or tribes or bands of Indians,

which would affect or preempt the application of

the laws of the State of Maine, including application of the laws of the State to lands owned by

or held in trust for Indians, or Indian nations,

tribes, or bands of Indians, as provided in this

subchapter and the Maine Implementing Act,

shall not apply within the State of Maine, unless such provision of such subsequently enacted

Federal law is specifically made applicable within the State of Maine.

(Pub. L. 96–420, §16, Oct. 10, 1980, 94 Stat. 1797.)

SUBCHAPTER III—FLORIDA INDIAN

(MICCOSUKEE) LAND CLAIMS SETTLEMENT

PART A—FLORIDA INDIAN LAND CLAIMS

SETTLEMENT ACT OF 1982

§ 1741. Congressional findings and declaration of

policy

Congress finds and declares that—

(1) there is pending before the United States

District Court for the Southern District of

Florida a lawsuit by the Miccosukee Indian

Tribe which involves certain lands within the

State of Florida;