Maine Indian Claims Settlement Act of 1980
PL 96-420 (H.R.7919), enacted 10/10/1980

PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1785 
Public Law 96-420 
96th Congress 
An Act 
To provide for the settlement of land claims of Indians, Indian nations and tribes 
Oct. 10,1980— 
and bands of Indians in the State of Maine, including the Passamaquoddy Tribe, 
[H.R. 7919] 
the Penobscot Nation, and the Houlton Band of Maliseet Indians, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,TYmt this Act may be Maine Indian 
cited as the "Maine Indian Claims Settlement Act of 1980". 
SttELnt Act 
of 1980. 
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY 
25 USC 1721 
SEC. 2. (a) Congress hereby finds and declares that: 
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the 25 use I72i. 
Maliseet Tribe are asserting claims for possession of lands within 
the State of Maine and for damages on the ground that the lands 
in question were originally transferred in violation of law, 
including, but without limitation, the Trade and Intercourse Act 
of 1790 (1 Stat. 137), or subsequent reenactments or versions 
thereof. 
(2) The Indians, Indian nations, and tribes and bands of 
Indians, other than the Passamaquoddy Tribe, the Penobscot 
Nation, and the Houlton Band of Maliseet Indians, that once 
may have held aboriginal title to lands within the State of Maine 
long ago abandoned their aboriginal holdings. 
(3) The Penobscot Nation, as represented as of the time of 
passage of this Act by the Penobscot Nation's Governor and 
Council, is the sole successor in interest to the aboriginal entity 
generally known as the Penobscot Nation which years ago 
claimed aboriginal title to certain lands in the State of Maine. 
(4) The Passamaquoddy Tribe, as represented as of the time of 
passage of this Act by the Joint Tribal Council of the Passama-
quoddy Tribe, is the sole successor in interest to the aboriginal 
entity generally known as the Passamaquoddy Tribe which years 
ago claimed aboriginal title to certain lands in the State of 
Maine. 
(5) The Houlton Band of Maliseet Indians, as represented as of 
the time of passage of this Act by the Houlton Band Council, is 
the sole successor in interest, as to lands within the United 
States, to the aboriginal entity generally known as the Maliseet 
Tribe which years ago claimed aboriginal title to certain lands in 
the State of Maine. 
(6) Substantial economic and social hardship to a large number 
of landowners, citizens, and communities in the State of Maine, 
and therefore to the economy of the State of Maine as a whole, 
will result if the aforementioned claims are not resolved 
promptly. 
(7) This Act represents a good faith effort on the part of 
Congress to provide the Passamaquoddy Tribe, the Penobscot 
Nation, and the Houlton Band of Maliseet Indians with a fair and 
94 STAT. 1786 
PUBLIC LAW 96-420—OCT. 10, 1980 
just settlement of their land claims. In the absence of congres-
sional action, these land claims would be pursued through the 
courts, a process which in all likelihood would consume many 
years and thereby promote hostility and uncertainty in the State 
of Maine to the ultimate detriment of the Passamaquoddy Tribe, 
the Penobscot Nation, the Houlton Band of Maliseet Indians, 
their members, and all other citizens of the State of Maine. 
(8) The State of Maine, with the agreement of the Passama-
quoddy Tribe and the Penobscot Nation, has enacted legislation 
defining the relationship between the Passamaquoddy Tribe, the 
Penobscot Nation, and their members, and the State of Maine. 
(9) Since 1820, the State of Maine has provided special services 
to the Indians residing within its borders, including the members 
of the Passamaquoddy Tribe, the Penobscot Nation, and the 
Houlton Band of Maliseet Indians. During this same period, the 
United States provided few special services to the respective 
tribe, nation, or band, and repeatedly denied that it had jurisdic-
tion over or responsibility for the said tribe, nation, and band. 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 is the intent of Congress that the State of Maine 
not be required further to contribute directly to this claims 
settlement. 
(b) It is the purpose of this Act— 
(1) to remove the cloud on the titles to land in the State of 
Maine resulting from Indian claims; 
(2) to clarify the status of other land and natural resources in 
the State of Maine; 
(3) to ratify the Maine Implementing Act, which defines the 
relationship between the State of Maine and the Passamaquoddy 
Tribe, and the Penobscot Nation, and 
(4) to confirm that all other Indians, Indian nations and tribes 
and bands of Indians now or hereafter existing or recognized in 
the State of Maine are and shall be subject to all laws of the State 
of Maine, as provided herein. 
DEFINITIONS 
25 use 1722. 
SEC. 3. For purposes of this Act, the term— 
(a) "Houlton Band of Maliseet Indians" means the sole succes-
sor 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 the date of the enactment of this Act, 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 5(c) of this Act; 
(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; 
PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1787 
(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 
defmed 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 repre-
sented, as of the date of the enactment of this Act, by the Joint 
Tribal Council of the Passamaquoddy Tribe, with separate coun-
cils 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 defmed 
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 
the date of enactment of this Act, by the Penobscot Nation 
Governor and Council; 
(1) "Secretary" means the Secretary of the Interior; 
(m) "Settlement Fund" means the Maine Indian Claims Settle-
ment Fund established under section 5(a) of this Act; 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. 
APPROVAL 
OF 
PRIOR 
TRANSFERS 
AND 
EXTINGUISHMENT 
OF 
INDIAN 
TITLE AND CLAIMS OF THE PASSAMAQUODDY TRIBE, THE PENOBSCOT 
NATION, THE HOULTON BAND OF MALISEET INDIANS, AND ANY OTHER 
INDIANS, INDIAN NATION, OR TRIBE OR BAND OF INDIANS 
WITHIN 
THE STATE OF MAINE 
SEC. 4. (a)(1) Any transfer of land or natural resources located 
25 USC 1723. 
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 Inter-
course 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. 
94 STAT. 1788 
PUBLIC LAW 96-420—OCT. 10, 1980 
Effective date. 
Publication in 
Federal 
Register. 
(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 the date of this Act 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, includ-
ing but without limitation any transfer pursuant to any treaty, 
compact, or statute of any State. 
(b) To the extent that any transfer of land or natural resources 
described in subsection (a)(1) of 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) shall be regarded 
as an extinguishment of said aboriginal title as of the date of such 
transfer. 
(c) 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) The provisions of this section shall take effect immediately upon 
appropriation of the funds authorized to be appropriated to imple-
ment the provisions of section 5 of this Act. The Secretary shall 
publish notice of such appropriation in the Federal Register when 
such funds are appropriated. 
Maine Indian 
Claims 
Settlement 
Fund. 
25 u s e 1724. 
Waiver. 
25 u s e 162a. 
ESTABLISHMENT OF FUNDS 
SEC. 5. (a) 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 appropri-
ation of sums authorized by section 14 of this Act. 
(b)(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 1 of 
the Act of June 24, 1938 (52 Stat. 1037), unless the respective tribe or 
PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1789 
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 para-
graph (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 subsection 6(d)(2) 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) 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 14 of this Act. 
(d) 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. 
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 Passama-
quoddy 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 
Maine Indian 
Claims Land 
Acquisition 
Fund, 
establishment. 
Land or natural 
resources, 
acquisition. 
94 STAT. 1790 
PUBLIC LAW 96-420—OCT. 10, 1980 
State of Maine 
and Houlton 
Band of Maliseet 
Indians, 
negotiations. 
Report to 
congressional 
committees. 
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 acquisi-
tion: 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 le^slation enacted by the State of Maine 
approving the acquisition of such lands as required by section 
5(d)(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 
Act 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 Act 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 Houl-
ton 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 Implement-
ing Act; 
(iii) securing performance of obligations of the Houl-
ton 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 appli-
cation of the laws of the State of Maine. Within one year of the 
date of enactment of this Act, 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) Notwithstanding the provisions of section 1 of the Act of 
August 1, 1888 (25 Stat. 357), as amended, and section 1 of the Act of 
PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1791 
February 26,1931 (46 Stat. 1421), 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 pro-
ceedings in order to perfect title, satisfactory to the Attorney Gen-
eral, in the United States and condemn interests adverse to the 
ostensible owner. Except for the provisions of this Act, 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) 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 subsec-
tions (a) and (c) of this section unless and until he finds that 
authorized officials of the respective tribe, nation, or band have 
executed appropriate documents relinquishing all claims to the 
extent provided by sections 4, 11, and 12 of this Act and by section 
6213 of the Maine Implementing Act, including stipulations to the 
final judicial dismissal with prejudice of their claims. 
(g)(1) The provisions of section 2116 of the Revised Statutes 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), 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 the Act of August 9,1955 (69 Stat. 
539), as amended; 
(B) leased in accordance with the Act of May 11,1938 (52 Stat. 
347), as amended; 
(C) sold in accordance with section 7 of the Act of June 25,1910 
(36 Stat. 857), as amended; 
(D) subjected to rights-of-way in accordance with the Act of 
February 5,1948 (62 Stat. 17); 
(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 
40 use 258a. 
25 use 177. 
Land or natural 
resources held in 
trust. 
25 use 
415-415d, 396. 
25 use 
396a-396f and 
notes. 
25 use 407. 
25 use 323-328 
and note. 
79-194 
0—81 —pt. 2 
33 : QL3 
94 STAT. 1792 
PUBLIC LAW 96-420—OCT. 10, 1980 
Land or natural 
resources, 
administration. 
25 u s e 450f. 
Condemnation 
proceedings. 
State 
jurisdiction, U.S. 
judicial review. 
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) Land or natural resources acquired by the Secretary in trust for 
the Passamaquoddy Tribe and the Penobscot Nation shall be man-
aged and administered in accordance with terms established by the 
respective tribe or nation and agreed to by the Secretary in accord-
ance with section 102 of the Indian Self-Determination and Education 
Assistance Act (88 Stat. 2206), or other existing law. 
(i)(l) Trust or restricted land or natural resources within the 
Passamaquoddy Indian Reservation or the Penobscot Indian Reserva-
tion 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 para-
graph (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 section 5(c) 
and shall be reinvested in acreage within unorganized or unincorpo-
rated 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 condem-
nation 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 have an absolute right of 
removal, at its discretion, over any action commenced in the courts of 
the State. 
(j) 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 Act, the proceeds paid in compensation for 
such condemnation shall be deposited and reinvested in accordance 
with subsection (i)(2) of this section. 
PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1793 
APPLICATION OF STATE LAWS 
SEC. 6. (a) Except as provided in section 8(e) and section 5(d)(4), 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)(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 Act. 
(4) Not later than October 30, 1982, the Secretary is directed to 
submit to the appropriate committees of the House of Representa-
tives 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) 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 of the United States Code. This 
provision shall not be effective until sixty days after the publication 
of notice in the Federal Register as required by subsection 4(d) of this 
Act. 
(d)(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, United States Code, shall be 
applicable to civil actions brought by the Passamaquoddy Tribe, the 
Penobscot Nation, and the Houlton Band of Maliseet Indians: Pro-
vided, 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 3477 of the Revised 
Statutes, as amended, 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 the date of the enactment of this 
Act against either the Passamaquoddy Tribe or the Penobscot Nation 
by making an assignment to the judgment creditor of the right to 
State civil and 
criminal 
jurisdiction. 
25 u s e 1725. 
Report to 
congressional 
committees. 
State criminal 
jurisdiction, 
effective date. 
31 u s e 203. 
94 STAT. 1794 
PUBLIC LAW 96-420—OCT. 10, 1980 
Separate 
jurisdiction. 
Certain Indian 
tribes, financial 
benefits and tax 
treatment. 
receive income out of the next quarterly payment from the settle-
ment fund established pursuant to section 5(a) of this Act and out of 
such future quarterly payments as may be necessary until the 
judgment is satisfied. 
(e)(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 enforce-
ment 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) 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) 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) Except as other wise provided in this Act, 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) 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. 
PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1795 
TRIBAL ORGANIZATION 
SEC. 7. (a) 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 Act 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 amend-
ments thereto. 
(b) For purposes of benefits under this Act 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 the date 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 governing document or amend-
ments thereto subject to the approval of the Secretary. 
25 u s e 1726. 
Houlton Band of 
Maliseet 
Indians, 
membership. 
IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT 
SEC. 8. (a) 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). 
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(aHc) of said Act. 
Qa) 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 0)) and (c) of the Act. 
(c) Assumption of jurisdiction under this section shall not affect 
any action or proceeding over which a court has already assumed 
jurisdiction. 
(d) For the purposes of this section, the Passamaquoddy Indian 
Reservation and the Penobscot Indian Reservation are "reserva-
tions" within section 4(10) of the Act. 
(e) For the purposes of this section, the Houlton Band of Maliseet 
Indians is an "Indian tribe" within section 4(8) of the Act, provided, 
that nothing in this subsection shall alter or effect the jurisdiction of 
the State of Maine over child welfare matters as provided in subsec-
tion 6(e)(2) of this Act. 
(f) Until the Passamaquoddy Tribe or the Penobscot Nation has 
assumed exclusive jurisdiction over the Indian child custody proceed-
ings pursuant to this section, the State of Maine shall have exclusive 
jurisdiction over Indian child custody proceedings of that tribe or 
nation. 
Indian child 
custody 
proceedings, 
tribal 
jurisdiction. 
25 u s e 1727. 
25 u s e 1901 
note. 
25 u s e 1918. 
Reservations. 
Indian tribe. 
Indian child 
custody 
proceedings, 
jurisdiction. 
EFFECT OF PAYMENTS TO PASSAMAQUODDY TRIBE, PENOBSCOT NATION, 
AND HOULTON BAND OF MALISEET INDIANS 
SEC 9. (a) No payments to be made for the benefit of the Passama- 25 use 1728. 
quoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet 
94 STAT. 1796 
PUBLIC LAW 96-420—OCT. 10, 1980 
Indians pursuant to the terms of this Act shall be considered by any 
agency or department of the United States in determining or comput-
ing the eligibility of the State of Maine for participation in any 
financial aid program of the United States. 
(b) 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 Passama-
quoddy 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 administer-
ing agency shall not be barred by this subsection from considering the 
actual financial situation of the applicant. 
(c) The availability of funds or distribution of funds pursuant to 
section 5 of this Act 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 Passama-
quoddy Tribe or Penobscot Nation would otherwise be eligible or 
entitled. 
DEFERRAL OF CAPITAL GAINS 
25 use 1729. 
SEC. 10. For the purpose of subtitle A of the Internal Revenue Code 
of 1954, any transfer by private owners of land purchased or other-
wise 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 the Internal Revenue Code of 
26 use 1033. 
1954, as amended. 
TRANSFER OF TRIBAL TRUST FUNDS HELD BY THE STATE OF MAINE 
25 use 1730. 
SEC. 11. All funds of either the Passamaquoddy Tribe or the 
Penobscot Nation held in trust by the State of Maine as of the 
effective date of this Act 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 predeces-
sors and successors in interest, and its members, may have against 
the State of Maine, its officers, employees, agents, and representa-
tives, 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. 
OTHER CLAIMS DISCHARGED BY THIS ACT 
25 use 1731. 
SEC. 12. Except as expressly provided herein, this Act shall consti-
tute a general discharge and release of all obligations of the State of 
Maine and all of its political subdivisions, agencies, departments, and 
PUBLIC LAW 96-420—OCT. 10, 1980 
94 STAT. 1797 
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-NDand 1969-ND). 
LIMITATION OF ACTIONS 
SEC. 13. Except as provided in this Act, no provision of this Act shall 25 use 1732. 
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 Act. 
AUTHORIZATION 
SEC. 14. There is hereby authorized to be appropriated $81,500,000 25 use 1733. 
for the fiscal year beginning October 1,1980, for transfer to the funds 
established by section 5 of this Act. 
INSEPARABILITY 
SEC. 15. In the event that any provision of section 4 of this Act is 25 use 1734. 
held invalid, it is the intent of Congress that the entire Act be 
invalidated. In the event that any other section or provision of this 
Act is held invalid, it is the intent of Congress that the remaining 
sections of this Act shall continue in full force and effect. 
CONSTRUCTION 
SEC. 16. (a) In the event a conflict of interpretation between the 25 use 1735. 
provisions of the Maine Implementing Act and this Act should 
emerge, the provisions of this Act shall govern. 
(b) The provisions of any Federal law enacted after the date of 
enactment of this Act 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 Act 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. 
Approved October 10, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1353 (eomm. on Interior and Insular Affairs). 
SENATE REPORT No. 96-957 accompanying S. 2829 (eomm. on Indian Affairs). 
CONGRESSIONAL REOORD, Vol. 126 (1980): 
Sept. 22, considered and passed House. 
Sept. 23, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42: 
Oct. 11, Presidential statement.