Page 505 TITLE 25—INDIANS § 1723

with respect to the claims extinguished by the Maine

Indian Claims Settlement Act of 1980 [25 U.S.C. 1721 et

seq.].’’

§ 1722. Definitions

For purposes of this subchapter, the term—

(a) ‘‘Houlton Band of Maliseet Indians’’

means the sole successor to the Maliseet Tribe

of Indians as constituted in aboriginal times

in what is now the State of Maine, and all its

predecessors and successors in interest. The

Houlton Band of Maliseet Indians is represented, as of October 10, 1980, as to lands

within the United States, by the Houlton Band

Council of the Houlton Band of Maliseet Indians;

(b) ‘‘land or natural resources’’ means any

real property or natural resources, or any interest in or right involving any real property

or natural resources, including but without

limitation minerals and mineral rights, timber and timber rights, water and water rights,

and hunting and fishing rights;

(c) ‘‘Land Acquisition Fund’’ means the

Maine Indian Claims Land Acquisition Fund

established under section 1724(c) of this title;

(d) ‘‘laws of the State’’ means the constitution, and all statutes, regulations, and common laws of the State of Maine and its political subdivisions and all subsequent amendments thereto or judicial interpretations

thereof;

(e) ‘‘Maine Implementing Act’’ means section 1, section 30, and section 31, of the ‘‘Act

to Implement the Maine Indian Claims Settlement’’ enacted by the State of Maine in chapter 732 of the public laws of 1979;

(f) ‘‘Passamaquoddy Indian Reservation’’

means those lands as defined in the Maine Implementing Act;

(g) ‘‘Passamaquoddy Indian Territory’’

means those lands as defined in the Maine Implementing Act;

(h) ‘‘Passamaquoddy Tribe’’ means the

Passamaquoddy Indian Tribe, as constituted

in aboriginal times and all its predecessors

and successors in interest. The Passamaquoddy Tribe is represented, as of October 10,

1980, by the Joint Tribal Council of the Passamaquoddy Tribe, with separate councils at the

Indian Township and Pleasant Point Reservations;

(i) ‘‘Penobscot Indian Reservation’’ means

those lands as defined in the Maine Implementing Act;

(j) ‘‘Penobscot Indian Territory’’ means

those lands as defined in the Maine Implementing Act;

(k) ‘‘Penobscot Nation’’ means the Penobscot Indian Nation as constituted in aboriginal times, and all its predecessors and successors in interest. The Penobscot Nation is represented, as of October 10, 1980, by the Penobscot Nation Governor and Council;

(l) ‘‘Secretary’’ means the Secretary of the

Interior;

(m) ‘‘Settlement Fund’’ means the Maine Indian Claims Settlement Fund established

under section 1724(a) of this title; and

(n) ‘‘transfer’’ includes but is not limited to

any voluntary or involuntary sale, grant,

lease, allotment, partition, or other conveyance; any transaction the purpose of which

was to effect a sale, grant, lease, allotment,

partition, or conveyance; and any act, event,

or circumstance that resulted in a change in

title to, possession of, dominion over, or control of land or natural resources.

(Pub. L. 96–420, §3, Oct. 10, 1980, 94 Stat. 1786.)

§ 1723. Approval of prior transfers and extinguishment of Indian title and claims of Indians within State of Maine

(a) Ratification by Congress; personal claims unaffected; United States barred from asserting

claims on ground of noncompliance of transfers with State laws or occurring prior to December 1, 1873

(1) Any transfer of land or natural resources

located anywhere within the United States

from, by, or on behalf of the Passamaquoddy

Tribe, the Penobscot Nation, the Houlton Band

of Maliseet Indians, or any of their members,

and any transfer of land or natural resources located anywhere within the State of Maine, from,

by, or on behalf of any Indian, Indian nation, or

tribe or band of Indians, including but without

limitation any transfer pursuant to any treaty,

compact, or statute of any State, shall be

deemed to have been made in accordance with

the Constitution and all laws of the United

States, including but without limitation the

Trade and Intercourse Act of 1790, Act of July

22, 1790 (ch. 33, Sec. 4, 1 Stat. 137, 138), and all

amendments thereto and all subsequent reenactments and versions thereof, and Congress hereby

does approve and ratify any such transfer effective as of the date of said transfer: Provided however, That nothing in this section shall be construed to affect or eliminate the personal claim

of any individual Indian (except for any Federal

common law fraud claim) which is pursued

under any law of general applicability that protects non-Indians as well as Indians.

(2) The United States is barred from asserting

on behalf of any Indian, Indian nation, or tribe

or band of Indians any claim under the laws of

the State of Maine arising before October 10,

1980, and arising from any transfer of land or

natural resources by any Indian, Indian nation,

or tribe or band of Indians, located anywhere

within the State of Maine, including but without limitation any transfer pursuant to any

treaty, compact, or statute of any State, on the

grounds that such transfer was not made in accordance with the laws of the State of Maine.

(3) The United States is barred from asserting

by or on behalf of any individual Indian any

claim under the laws of the State of Maine arising from any transfer of land or natural resources located anywhere within the State of

Maine from, by, or on behalf of any individual

Indian, which occurred prior to December 1, 1873,

including but without limitation any transfer

pursuant to any treaty, compact, or statute of

any State.

(b) Aboriginal title extinguished as of date of

transfer

To the extent that any transfer of land or natural resources described in subsection (a)(1) of