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
§ 1727 TITLE 25—INDIANS Page 512

of Maliseet Indians, no person who is not a citizen of the United States may be considered a

member of the Houlton Band of Maliseets, except persons who, as of October 10, 1980, are enrolled members on the band’s existing membership roll, and direct lineal descendants of such

members. Membership in the band shall be subject to such further qualifications as may be

provided by the band in its organic governing

document or amendments thereto subject to the

approval of the Secretary.

(Pub. L. 96–420, §7, Oct. 10, 1980, 94 Stat. 1795.)

§ 1727. Implementation of Indian Child Welfare

Act

(a) Petition for assumption of exclusive jurisdiction; approval by Secretary

The Passamaquoddy Tribe or the Penobscot

Nation may assume exclusive jurisdiction over

Indian child custody proceedings pursuant to

the Indian Child Welfare Act of 1978 (92 Stat.

3069) [25 U.S.C. 1901 et seq.]. Before the respective tribe or nation may assume such jurisdiction over Indian child custody proceedings, the

respective tribe or nation shall present to the

Secretary for approval a petition to assume such

jurisdiction and the Secretary shall approve

that petition in the manner prescribed by sections 108(a)–(c) of said Act [25 U.S.C. 1918(a)–(c)].

(b) Consideration and determination of petition

by Secretary

Any petition to assume jurisdiction over Indian child custody proceedings by the Passamaquoddy Tribe or the Penobscot Nation shall be

considered and determined by the Secretary in

accordance with sections 108(b) and (c) of the

Act [25 U.S.C. 1918(b) and (c)].

(c) Actions or proceedings within existing jurisdiction unaffected

Assumption or jurisdiction under this section

shall not affect any action or proceeding over

which a court has already assumed jurisdiction.

(d) Reservations within section 1903(10) of this

title

For the purposes of this section, the Passamaquoddy Indian Reservation and the Penobscot

Indian Reservation are ‘‘reservations’’ within

section 4(10) of the Act [25 U.S.C. 1903(10)].

(e) Indian tribe within section 1903(8) of this

title; State jurisdiction over child welfare unaffected

For the purposes of this section, the Houlton

Band of Maliseet Indians is an ‘‘Indian tribe’’

within section 4(8) of the Act [25 U.S.C. 1903(8)],

provided, that nothing in this subsection shall

alter or effect the jurisdiction of the State of

Maine over child welfare matters as provided in

section 1725(e)(2) of this title.

(f) Assumption determinative of exclusive jurisdiction

Until the Passamaquoddy Tribe or the Penobscot Nation has assumed exclusive jurisdiction

over the Indian child custody proceedings pursuant to this section, the State of Maine shall

have exclusive jurisdiction over Indian child

custody proceedings of that tribe or nation.

(Pub. L. 96–420, §8, Oct. 10, 1980, 94 Stat. 1795.)

REFERENCES IN TEXT

The Indian Child Welfare Act of 1978 (92 Stat. 3069),

referred to in subsec. (a), is Pub. L. 95–608, Nov. 8, 1978,

92 Stat. 3069, as amended, which is classified principally

to chapter 21 (§1901 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title

note set out under section 1901 of this title and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1725 of this title.

§ 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, §9, Oct. 10, 1980, 94 Stat. 1795.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13d of this title.