Aroostook Band of Micmacs Settlement Act
PL 102-171 (S.374), enacted 11/26/1991

PUBLIC LAW 102-171—NOV. 26, 1991 
105 STAT. 1143 
Public Law 102-171 
102d Congress 
An Act 
To settle all claims of the Aroostook Band of Micmacs resulting from the Band's 
omission from the Maine Indian Claims Settlement Act of 1980, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Aroostook Band of Micmacs Settle-
ment Act". 
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS AND POLICY.—Congress hereby finds and declares 
that: 
(1) The Aroostook Band of Micmacs, as represented as of the 
time of passage of this Act by the Aroostook Micmac Council, is 
the sole successor in interest, as to lands within the United 
States, to the aboriginal entity generally known as the Micmac 
Nation which years ago claimed aboriginal title to certain lands 
in the State of Maine. 
(2) The Band was not referred to in the Maine Indian Claims 
Settlement Act of 1980 because historical documentation of the 
Micmac presence in Maine was not available at that time. 
(3) This documentation does establish the historical presence 
of Micmacs in Maine and the existence of aboriginal lands in 
Maine jointly used by the Micmacs and other tribes to which 
the Micmacs could have asserted aboriginal title but for the 
extinguishment of all such claims by the Maine Indian Claims 
Settlement Act of 1980. 
(4) The Aroostook Band of Micmacs, in both its history and its 
presence in Maine, is similar to the Houlton Band of Maliseet 
Indians and would have received similar treatment under the 
Maine Indian Claims Settlement Act of 1980 if the information 
available today had been available to Congress and the parties 
at that time. 
(5) It is now fair and just to afford the Aroostook Band of 
Micmacs the same settlement provided to the Houlton Band of 
Maliseet Indians for the settlement of that Band's claims, to the 
extent they would have benefited from inclusion in the Maine 
Indian Claims Settlement Act of 1980. 
(6) Since 1820, the State of Maine has provided special serv-
ices to the Indians residing within its borders, including the 
members of the Aroostook Band of Micmacs. During this same 
period, the United States provided few special services to the 
Band and repeatedly denied that it had jurisdiction over or 
responsibility for the Indian groups in Maine. In view of this 
provision of special services by the State of Maine, requiring 
substantial expenditures by the State of Maine and made by the 
State of Maine without being required to do so by Federal law, it 
Nov. 26, 1991 
[S. 374] 
Aroostook Band 
of Micmacs 
Settlement Act. 
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note. 
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note. 
105 STAT. 1144 
PUBLIC LAW 102-171—NOV. 26, 1991 
is the intent of Congress that the State of Maine not be required 
further to contribute directly to this settlement, 
(b) PURPOSE.—It is the purpose of this Act to— 
(1) provide Federal recognition of the Band; 
(2) provide to the members of the Band the services which the 
United States provides to Indians because of their status as 
Indians; and 
(3) place $900,000 in a land acquisition fund and property tax 
fund for the future use of the Aroostook Band of Micmacs; and 
(4) ratify the Micmac Settlement Act, which defines the rela-
tionship between the State of Maine and the Aroostook Band of 
Micmacs. 
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SEC. 3. DEFINITIONS. 
For the purposes of this Act: 
(1) The term "Band" means the Aroostook Band of Micmacs, 
the sole successor to the Micmac Nation as constituted in 
aboriginal times in what is now the State of Maine, and all its 
predecessors and successors in interest. The Aroostook Band of 
Micmacs is represented, as of the date of enactment of this Act, 
as to lands within the United States, by the Aroostook Micmac 
Council. 
(2) The term "Band Tax Fund" means the fund established 
under section 4(b) of this Act. 
(3) The term "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 Band. 
(4) The term "land or natural resources" means any real 
property or natural resources, or any interest in or right involv-
ing any real property or natural resources, including Qout not 
limited to) minerals and mineral rights, timber and timber 
rights, water and water rights, and hunting and fishing rights. 
(5) The term "Land Acquisition Fund" means the fund estab-
lished under section 4(a) of this Act. 
(6) The term "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. 
(7) The term "Maine Implementing Act" means the Act enti-
tled "Act to Implement the Maine Indian Claims Settlement" 
that was enacted by the State of Maine in chapter 732 of the 
Maine Public Laws of 1979, as amended by chapter 675 of the 
Maine Public Laws of 1981 and chapter 672 of the Maine Public 
Laws of 1985, and all subsequent amendments thereto. 
(8) The term "Micmac Settlement Act" means the Act enti-
tled "Act to implement the Aroostook Band of Micmacs Settle-
ment Act" that was enacted by the State of Maine in chapter 
148 of the Maine Public Laws of 1989, and all subsequent 
amendments thereto. 
(9) The term "Secretary" means the Secretary of the Interior. 
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SEC. 4. AROOSTOOK BAND OF MICMACS LAND ACQUISITION AND PROP-
note. 
ERTY TAX FUNDS. 
(a) LAND ACQUISITION FUND.—There is hereby established in the 
Treasury of the United States a fund to be known as the Aroostook 
Band of Micmacs Land Acquisition Fund, into which $900,000 shall 
PUBLIC LAW 102-171—NOV. 26, 1991 
105 STAT. 1145 
be deposited by the Secretary following the appropriation of sums 
authorized by section 10. 
(b) BAND TAX FUND.—(1) There is hereby established in the Treas-
ury of the United States a fund to be known as the Aroostook Band 
of Micmacs Tax Fund, into which shall be deposited $50,000 in 
accordance with the provisions of this Act. 
(2) Income accrued on the Land Acquisition Fund shall be trans-
ferred to the Band Tax Fund until a total of $50,000 has been 
transferred to the Band Tax Fund under this paragraph. No trans-
fer shall be made under this subsection if such transfer would 
diminish the Land Acquisition Fund to a balance of less than 
$900,000. 
(3) Whenever funds are transferred to the Band Tax Fund under 
paragraph (2), the Secretary shall publish notice of such transfer in 
the Federal Register. Such notice shall specify when the total 
amount of $50,000 has been transferred to the Band Tax Fund. 
(4) The Secretary shall manage the Band Tax Fund in accordance 
with section 1 of the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C. 
162a), and shall utilize the principal and interest of the Band Tax 
Fund only EIS provided in paragraph (5) and section 5(d) and for no 
other purpose. 
(5) Notwithstanding the provisions of title 31, United States Code, 
the Secretary shall pay out of the Band Tax Fund, all valid claims 
for taxes, payments in lieu of property taxes, and fees, together with 
any interest and penalties thereon— 
(A) for which the Band is determined to be liable; 
(B) which are final and not subject to further administrative 
or judicial review; and 
(C) which have been certified by the Commissioner of Finance 
in the State of Maine as valid claims that meet the require-
ments of this paragraph. 
(c) SOURCE FOR CERTAIN PAYMENTS.—Notwithstanding any other 
provision of law, if— 
(1) the Band 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 and penalties 
thereon, and 
(2) there are insufficient funds in the Band Tax Fund to pay 
such tax, payment, or fee (t(^ether with any interest or pen-
alties thereon) in full, 
the deficiency shall be paid by the Band only from income-producing 
property owned by the Band which is not held in trust for the Band 
by the United States and the Band shall not be required to pay such 
tax, payment, or fee (or any interest or penalty thereon) from any 
other source. 
(d) PROCEDURE FOR FIUNG AND PAYMENT OF CLAIMS.—The Sec-
retary shall, after consultation with the Commissioner of Finance of 
the State of Maine, and the Band, prescribe written procedures 
governing the filing and payment of claims under this section. 
SEC. 
5
. 
AROOSTOOK 
BAND 
TRUST 
LANDS. 
(a) IN GENERAL.—Subject to the provisions of section 4, the Sec-
retary is authorized and directed to expend, at the request of the 
Band, the principal of, and income accruing on, the Land Acquisi-
tion Fund for the purposes of acquiring land or natural resources for 
the Band and for no other purposes. Land or natural resources 
Federal 
Register, 
publication. 
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note. 
105 STAT. 1146 
PUBLIC LAW 102-171—NOV. 26, 1991 
acquired within the State of Maine with funds expended under the 
authority of this subsection shall be held in trust by the United 
States for the benefit of the Band. 
(b) ALIENATION.—(1) Land or natural resources acquired with 
funds expended under the authority of subsection (a) and held in 
trust for the benefit of the Band 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; or 
(C) 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 Band to another member of such Band. 
(3) Land or natural resources held in trust for the benefit of the 
Band may, at the request of the Band, be— 
(A) leased in accordance with the Act of August 9, 1955 (25 
U.S.C. 415 et seq.); 
(B) leased in accordance with the Act of May 11, 1938 (25 
U.S.C. 396a et seq.); 
(C) sold in accordance with section 7 of the Act of June 25, 
1910 (25 U.S.C. 407); 
(D) subjected to rights-of-way in accordance with the Act of 
February 5,1948 (25 U.S.C. 323 et seq.); 
(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 Band, 
£is the circumstances require, so long as payment does not 
exceed 25 percent of the total value of the interests in land to be 
transferred by the 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. 
(c) CONDEMNATION BY STATE OF MAINE AND POLITICAL SUBDIVI-
SIONS THEREOF.—(1) Land or natural resources acquired with funds 
expended under the authority of subsection (a) and held in trust for 
the benefit of the Band 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 upon in writing 
between the State and such Band after the date of enactment of this 
Act. 
(2) The consent of the United States is hereby given to the State of 
Maine to further amend the Micmac Settlement Act for the purpose 
of embodying the agreement described in paragraph (1). 
(d) ACQUISITION.—(1) Lands and natural resources may be ac-
quired by the Secretary for the Band 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 Band Tax Fund contains $50,000; and 
PUBLIC LAW 102-171—NOV. 26, 1991 
105 STAT. 1147 
(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 4(d). 
(2)(A) No land or natural resources may be acquired by the 
Secretary for the Band until the Secretary 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. 
(B) For purposes of subparagraph (A), 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. 
(3) Notwithstanding the provisions of the first section of the Act of 
August 1, 1888 (40 U.S.C. 257) and the first section of the Act of 
February 26, 1931 (40 U.S.C. 258a), 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 osten-
sible 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 of the United States, in the United States and 
condemn interests adverse to the ostensible owner. 
(4)(A) When trust or restricted land or natural resources of the 
Band are condemned pursuant to any law of the United States other 
than this Act, the proceeds paid in compensation for such con-
demnation shall be deposited into the Land Acquisition Fund 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 Band 
shall designate, with the approval of the United States, and within 
30 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 acquired from the proceeds that is not 
acquired in trust shall be held in fee by the Band. 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 from 
the proceeds. 
(B) The State of Maine shall have initial jurisdiction over con-
demnation proceedings brought under this section. The United 
States shall be a necessary party to any such condemnation proceed-
ings. After exhaustion of all State administrative remedies, the 
United States is authorized to seek judicial review of all relevant 
matters involved in such condemnation proceedings in the courts of 
the United States and shall have an absolute right of removal, at its 
discretion, over any action commenced in the courts of the State. 
(5) Land or natural resources acquired by the Secretary in trust 
for the Band shall be managed and administered in accordance with 
terms established by the Band and agreed to by the Secretary in 
accordance with section 102 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450f) or other applicable law. 
105 STAT. 1148 
PUBLIC LAW 102-171—NOV. 26, 1991 
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SEC. 6. LAWS APPLICABLE. 
(a) FEDERAL RECOGNITION.—Federal recognition is hereby ex-
tended to the Aroostook Band of Micmacs. The Band shall be eligible 
to receive all of the financial benefits which the United States 
provides to Indians and Indian tribes to the same extent, and subject 
to the same eligibility criteria, generally applicable to other feder-
ally recognized Indians and Indian tribes. 
(b) APPLICATION OF FEDERAL LAW.—For the purposes of applica-
tion of Federal law, the Band and its lands shall have the same 
status as other tribes and their lands accorded Federal recognition 
under the terms of the Maine Indian Claims Settlement Act of 1980. 
(c) ELIGIBIUTY FOR SPECIAL SERVICES.—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 Band in Aroostook County, Maine, shall 
be eligible for such services without regard to the existence of a 
reservation or the residence of members of the Band on or near a 
reservation. 
(d) AGREEMENTS WITH STATE REGARDING JURISDICTION.—The State 
of Maine and the Band 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 any member of the 
Band. The consent of the United States is hereby given to the State 
of Maine to amend the Micmac Settlement Act for this purpose: 
Provided, That such amendment is made with the agreement of the 
Aroostook Band of Micmacs. 
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SEC. 7. TRIBAL ORGANIZATION. 
(a) IN GENERAL.—The Band may organize for its common welfare 
and adopt an appropriate instrument in writing to govern the 
affairs of the Band when acting in its governmental capacity. Such 
instrument and any amendments thereto must be consistent with 
the terms of this Act. The Band shall file with the Secretary a copy 
of its organic governing document and any amendments thereto. 
GD) MEMBERS.—For purposes of benefits provided by reason of this 
Act, only persons who are citizens of the United States may be 
considered members of the Band except persons who, as of the date 
of enactment of this Act, 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 govern-
ing document, or amendments thereto, subject to approval by the 
Secretary. 
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SEC. 8. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT. 
For the purposes of this section, the Band is an "Indian tribe" 
within the meaning of section 4(8) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1903(8)), except that nothing in this section shall 
alter or affect the jurisdiction of the State of Maine over child 
welfare matters as provided by the Maine Indian Claims Settlement 
Act of 1980. 
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SEC. 9. FEDERAL FINANCIAL AID PROGRAMS UNAFFECTED BY PAY-
note. 
MENTS UNDER THIS ACT. 
(a) STATE OF MAINE.—No payments to be made for the benefit of 
the Band pursuant to this Act shall be considered by any agency or 
department of the United States in determining or computing the 
PUBLIC LAW 102-171—NOV. 26, 1991 
105 STAT. 1149 
eligibility of the State of Maine for participation in any financial aid 
program of the United States. 
(b) BAND AND MEMBERS OF THE BAND.—(1) The eligibility for, or 
receipt of, payments from the State of Maine by the Band or any of 
its members shall not be considered by any department or agency of 
the United States in determining the eligibility of, or computing 
payments to, the Band or any of the members of the Band under any 
Federal financial aid program. 
(2) To the extent that eligibility for the benefits of any Federal 
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. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $900,000 for the fiscal 
year 1992 for transfer to the Aroostook Band of Micmacs Land 
Acquisition Fund. 
SEC. 11. INTERPRETATION. 
In the event of a conflict of interpretation between the provisions 
of the Maine Implementing Act, the Micmac Settlement Act, or the 
Maine Indian Claims Settlement Act of 1980 and this Act, the 
provisions of this Act shall govern. 
SEC. 12. LIMITATION OF ACTIONS. 
No provision of this Act may be construed to confer jurisdiction to 
sue, or to grant implied consent to the Band to sue, the United 
States or any of its officers with respect to the claims extinguished 
by the Maine Indian Claims Settlement Act of 1980. 
Approved November 26, 1991. 
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note. 
LEGISLATIVE HISTORY—S. 374 (H.R. 932): 
HOUSE REPORTS: No. 102-229, Pts. 1 and 2, both accompanying H.R. 932 (Comm. on 
Interior and Insular Affairs). 
SENATE REPORTS: No. 102-136 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Sept. 19, considered and passed Senate. 
Nov. 12, H.R. 932 considered and passed House; S. 374 passed in lieu.