dreamproit/uscode huggingface dataset:
25 U.S.C. § 1711 (INDIANS)
§ 1711. Limitation of actions; jurisdiction
Notwithstanding any other provision of law, any action to contest the constitutionality of this subchapter shall be barred unless the complaint is filed within one hundred and eighty days of September 30, 1978. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Rhode Island.
(Pub. L. 95–395, § 12, Sept. 30, 1978, 92 Stat. 817.)
25 U.S.C. § 1712 (INDIANS)
§ 1712. Approval of prior transfers and extinguishment of claims and aboriginal title outside town of Charlestown, Rhode Island and involving other Indians in Rhode Island
(a) Scope of applicability
Except as provided in subsection (b) of this section—
(1) any transfer of land or natural resources located anywhere within the State of Rhode Island outside the town of Charlestown from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (other than transfers included in and approved by section 1705 of this title), including but not limited to a transfer pursuant to any statute of any State, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe of Indians (including but not limited to the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137), and all amendments thereto and all subsequent versions thereof), and Congress does hereby approve any such transfer effective as of the date of said transfer;
(2) to the extent that any transfer of land or natural resources described in paragraph (1) may involve land or natural resources to which such Indian, Indian nation, or tribe of Indians had aboriginal title, paragraph (1) shall be regarded as an extinguishment of such aboriginal title as of the date of said transfer; and
(3) by virtue of the approval of such transfers of land or natural resources effected by this subsection or an extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by any such Indian, Indian nation, or tribe of Indians, arising subsequent to the transfer and based upon any interest in or rights involving such land or natural resources (including but not limited to claims for trespass damages or claims for use and occupancy), shall be regarded as extinguished as of the date of the transfer.
(b) Exceptions
This section shall not apply to any claim, right, or title of any Indian, Indian nation, or tribe of Indians that is asserted in an action commenced in a court of competent jurisdiction within one hundred and eighty days of September 30, 1978: Provided, That the plaintiff in any such action shall cause notice of the action to be served upon the Secretary and the Governor of the State of Rhode Island.
(Pub. L. 95–395, § 13, Sept. 30, 1978, 92 Stat. 817.)
heading: References in Text
text: The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1 Stat. 137), 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.
25 U.S.C. § 1715 (INDIANS)
§ 1715. Exemption from taxation
(a) General exemption
Except as otherwise provided in subsections (b) and (c) of this section, the settlement lands received by the State Corporation shall not be subject to any form of Federal, State, or local taxation while held by the State Corporation.
(b) Income-producing activities
The exemption provided in subsection (a) of this section shall not apply to any income-producing activities occurring on the settlement lands.
(c) Payments in lieu of taxes
Nothing in this subchapter shall prevent the making of payments in lieu of taxes by the State Corporation for services provided in connection with the settlement lands.
(Pub. L. 95–395, title II, § 201, as added Pub. L. 96–601, § 5(a), Dec. 24, 1980, 94 Stat. 3498.)
heading: Effective Date
text: Pub. L. 96–601, § 5(b), Dec. 24, 1980, 94 Stat. 3499, provided that: “The amendment made by subsection (a) [enacting this part] shall take effect on September 30, 1978.”
25 U.S.C. § 1716 (INDIANS)
§ 1716. Deferral of capital gains
For purposes of title 26, any sale or disposition of private settlement lands pursuant to the terms and conditions of the settlement agreement shall be treated as an involuntary conversion within the meaning of section 1033 of title 26.
(Pub. L. 95–395, title II, § 202, as added Pub. L. 96–601, § 5(a), Dec. 24, 1980, 94 Stat. 3499; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
heading: Amendments
text: 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.
25 U.S.C. § 1722 (INDIANS)
§ 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.)
25 U.S.C. § 1726 (INDIANS)
§ 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 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.)
25 U.S.C. § 1727 (INDIANS)
§ 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.)
heading: References in Text
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.
25 U.S.C. § 1728 (INDIANS)
§ 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.)
25 U.S.C. § 1729 (INDIANS)
§ 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.)
heading: Amendments
text: 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.
25 U.S.C. § 1730 (INDIANS)
§ 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.)
heading: Codification
text: “October 10, 1980,” substituted in text for “the effective date of this Act”.
25 U.S.C. § 1731 (INDIANS)
§ 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.)
25 U.S.C. § 1732 (INDIANS)
§ 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.)
25 U.S.C. § 1733 (INDIANS)
§ 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.)
25 U.S.C. § 1734 (INDIANS)
§ 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.)
25 U.S.C. § 1735 (INDIANS)
§ 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.)
25 U.S.C. § 1741 (INDIANS)
§ 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;
(2) the pendency of such lawsuit may result in economic hardships for residents of the State of Florida by clouding the titles to lands in the State, including lands not now involved in the lawsuits;
(3) the pendency of such lawsuit also has clouded the easement rights of the South Florida Water Management District in lands necessary for use as a water flowage and storage area, which is part of a federally authorized project for flood control and water management in central and southern Florida, and which is being used to provide and regulate a water supply for the residents of South Florida;
(4) the State of Florida and the Miccosukee Indian Tribe have executed agreements for the purposes of resolving tribal land claims and settling such lawsuit, which agreements require implementing legislation by the Congress of the United States and the Legislature of the State of Florida; and
(5) Congress shares with the parties to such agreements a desire to settle such Indian claims in the State of Florida without additional cost to the United States.
(Pub. L. 97–399, § 2, Dec. 31, 1982, 96 Stat. 2012.)
heading: Short Title
text: Pub. L. 97–399, § 1, Dec. 31, 1982, 96 Stat. 2012, provided: “That this Act [enacting this part] may be cited as the ‘Florida Indian Land Claims Settlement Act of 1982’.”
25 U.S.C. § 1742 (INDIANS)
§ 1742. Definitions
For purposes of this part—
(1) The term “Miccosukee Tribe” means the Miccosukee Tribe of Indians of Florida, a tribe of American Indians recognized by the United States and organized under section 476 of this title and recognized by the State of Florida pursuant to chapter 285, Florida Statutes.
(2) The term “State of Florida” means the State of Florida, its agencies, political subdivisions, constitutional officers, officials of its agencies and subdivisions, and the South Florida Water Management District.
(3) The term “Secretary” means the Secretary of the Interior.
(4) The term “lands 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 not limited to minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish.
(5) The term “lawsuit” means the action in the United States District Court for the Southern District of Florida, entitled Miccosukee Tribe of Indians of Florida against State of Florida, et al., Case No. 79–253–CIV–JWK.
(6) The term “Lease Agreement” means that perpetual lease granted by the State of Florida to the Miccosukee Tribe, involving a specifically described area in South Florida, title to which is held by the State of Florida and in which the Miccosukee Tribe is granted certain express rights and interests.
(7) The term “settlement funds” means those amounts of money which the State of Florida has agreed to pay to the Miccosukee Tribe under the Settlement Agreement in partial consideration for the settlement of the lawsuit and the extinguishment of rights to all potential or unsettled claims which the Miccosukee Tribe may have to lands or natural resources in the State of Florida.
(8) The term “Settlement Agreement” means those documents entitled “Settlement Agreement between the Miccosukee Tribe and the State of Florida” executed on April 16, 1982, by representatives of the State of Florida and representatives of the Miccosukee Tribe and filed with the secretary of state of the State of Florida which incorporate the Lease Agreement described in paragraph (6) of this section.
(9) The term “transfer” includes but is not limited to any sale, grant, lease, allotment, partition, or conveyance, any transaction the purpose of which was to effect a sale, grant, lease, allotment, partition, or conveyance, or any event or events that resulted in a change of possession or control of lands or natural resources.
(Pub. L. 97–399, § 3, Dec. 31, 1982, 96 Stat. 2012.)
25 U.S.C. § 1743 (INDIANS)
§ 1743. Findings by the Secretary
Section 1744 of this title shall not take effect until the Secretary finds that the following events have occurred:
(1) the State of Florida has enacted legislation appropriating sufficient money to pay, and in fact has paid, the settlement funds to the Miccosukee Tribe;
(2) the State of Florida and the Miccosukee Tribe have executed the Lease Agreement; and
(3) the State of Florida has enacted appropriate legislation to carry out its commitments under paragraph 1b of the Settlement Agreement between the State of Florida and the Miccosukee Tribe and has given the waiver specified in paragraph 4d of such Agreement.
(Pub. L. 97–399, § 4, Dec. 31, 1982, 96 Stat. 2013.)