§ 1724 TITLE 25—INDIANS Page 506

this section may involve land or natural resources to which the Passamaquoddy Tribe, the

Penobscot Nation, the Houlton Band of Maliseet

Indians, or any of their members, or any other

Indian, Indian nation, or tribe or band of Indians

had aboriginal title, such subsection (a)(1) of

this section shall be regarded as an extinguishment of said aboriginal title as of the date of

such transfer.

(c) Claims extinguished as of date of transfer

By virtue of the approval and ratification of a

transfer of land or natural resources effected by

this section, or the extinguishment of aboriginal

title effected thereby, all claims against the

United States, any State or subdivision thereof,

or any other person or entity, by the Passamaquoddy Tribe, the Penobscot Nation, the

Houlton Band of Maliseet Indians or any of their

members or by any other Indian, Indian nation,

tribe or band of Indians, or any predecessors or

successors in interest thereof, arising at the

time of or subsequent to the transfer and based

on any interest in or right involving such land

or natural resources, including but without limitation claims for trespass damages or claims

for use and occupancy, shall be deemed extinguished as of the date of the transfer.

(d) Effective date; authorization of appropriations; publication in Federal Register

The provisions of this section shall take effect

immediately upon appropriation of the funds authorized to be appropriated to implement the

provisions of section 1724 of this title. The Secretary shall publish notice of such appropriation

in the Federal Register when such funds are appropriated.

(Pub. L. 96–420, §4, Oct. 10, 1980, 94 Stat. 1787.)

REFERENCES IN TEXT

The Trade and Intercourse Act of 1790, Act of July 22,

1790 (ch. 33, Sec. 4, 1 Stat. 137, 138), referred to in subsec. (a)(1), was not classified to the Code. See sections

177, 179, 180, 193, 194, 201, 229, 230, 251, 263, and 264 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1724, 1725, 1734

of this title.

§ 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.
Page 507 TITLE 25—INDIANS § 1724

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 257

and 258a 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 exe-
§ 1724 TITLE 25—INDIANS Page 508

cuted 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
Page 509 TITLE 25—INDIANS § 1724

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, §5, Oct. 10, 1980, 94 Stat. 1788.)

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
§ 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.