Maine Indian Claims Settlement Act of 1980

Summary

Maine Indian Claims Settlement Act of 1980 - Declares that Congress approves and ratifies any transfer of land or other natural resource located anywhere within the United States from, by, or on behalf of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, or any of their members. States that Congress approves any such transfer within the State of Maine from, by, or on behalf of any individual Indian prior to December 1, 1873. Extinguishes the aboriginal title and any Indian claims to such lands. Establishes within the Treasury the Maine Indian Claims Settlement Fund to be held in trust by the Secretary of the Interior equally for the benefit of the Passamaquoddy Tribe and the Penobscot Nation. Directs the Secretary to accept reasonable terms for investment and administration of such Fund proposed by the Tribe or Nation. Authorizes either Tribe or Nation to obtain judicial review in the United States District Court for the District of Maine of any refusal by the Secretary to comply with such terms. Prohibits the distribution of the principal of the Fund to either Tribe or Nation or to their members. Requires the Secretary to make available, on a quarterly basis, any income derived from such Fund to the Tribe or Nation, and directs that a specified amount be expended annually for the benefit of members who are over the age of sixty. Establishes in the Treasury the Maine Indian Claims Land Acquisition Fund to be held in trust by the Secretary. Provides that a specified amount of the principal be held for the benefit of the Houlton Band of Maliseet Indians to be used to purchase 5,000 acres of Maine woodland, and the balance of such principal to be held in trust equally for Tribe and Nation. Requires the principal and income derived from such Fund be used explicitly for the purpose of land acquisition. Provides that if the Houlton Band ceases to exist, any land acquired for them shall be divided equally and held in trust for the Tribe or Nation. Exempts any Indian lands in Maine from restraint or alienation by virtue of being held in trust. Makes void any transfer of land within the Passamaquoddy or Penobscot Indian territories, or transfers of individual Indian assignment between the Tribe or Nation, without the consent of such Tribe or Nation and approval of the Secretary. Stipulates that such consent and approval extends only to: (1) transfers of timber and other natural resources; (2) land leases not to exceed 50 years; (3) exchanges of lands; and (4) transfers of land from which the proceeds are reinvested in land within two years of receipt. Requires the Secretary to accept reasonable terms from the Tribe or Nation for management and administration of lands acquired and held in trust for such Indians. Authorizes such Indians to obtain judicial review of any refusal by the Secretary to accept such terms. Directs the Secretary to reinvest any money received from the taking of Indian lands by the state of Maine or the United States, in other lands with the approval of the affected Tribe, Nation, or Band. Declares all Indians, other than the Passamaquoddy Tribe and the Penobscot Nation and their members, to be subject to the civil and criminal laws of the State. Subjects the Tribe and Nation to the jurisdiction of the State to the extent provided by the Maine Implementing Act. Declares that Congress approves, ratifies, and confirms such Act, and exempts from such Act the authority to enter into Indian child care and custody proceedings. Makes the Tribe and Nation, including their officers and employees, immune from suit to the extent provided in such Act. Authorizes the Secretary to pay from the Settlement Fund any judgment entered against such Indians, upon their failure to make such payment within 90 days of entry of final judgment. Authorizes any person asserting a money judgment against such Tribe or Nation, to sue in the United States District Court for the District of Maine for any amount due. Declares that Congress consents to any amendment to the Maine Implementing Act made with the agreement of the Tribe or Nation. Authorizes such Indians to exercise jurisdiction, separate and distinct from the civil and criminal jurisdiction of Maine, to the extent authorized by such Act. Grants full faith and credit to the judicial proceedings of the Tribe and Nation, and directs such Tribe and Nation to give full faith and credit to the judicial proceedings of each other, the United States, every State, every territory or possession of the United States and every recognized Indian nation, tribe, or band. States that the laws which accord special status or rights to other Indians shall not apply to the State of Maine. Makes the Tribe, Nation, and Band eligible to receive all financial benefits provided to other Indians under the same eligibility criteria. Deems such Indians federally recognized Indian tribes for purposes of Federal taxation. Authorizes the Tribe or Nation to assume exclusive jurisdiction over Indian child custody proceedings after the approval by the Secretary of a petition to that effect. Provides that such assumption shall not affect any proceeding over which a court has already assumed jurisdiction. Deems such Indians to be bonafide reservations and tribes for purposes of such child custody proceedings. Prohibits: (1) any payments to the Tribe, Nation, or Band to be considered in computing the State of Maine's eligibility for financial aid programs; (2) any payments from Maine to such Indians to be computed in determining such Indians eligibility for financial aid programs; and (3) the availability or distribution of funds under this Act to be considered as income for the basis of denying any federally assisted housing program, or other financial aid to which such Indians would otherwise be entitled. Grants a deferral of capital gains to any private owners who transferred lands to the Secretary for moneys from the Land Acquisition Fund. Directs the transfer of tribal trust funds held by the State of Maine to the Secretary to be held in trust for the Tribe or Nation in the Settlement Fund. Declares that this Act constitutes a general discharge and release of obligations of such State arising from any treaty or agreement with any Indians of the State, including a specified action pending in the U.S. District Court for the District of Maine.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 13 June 1980

   Introduced

   Referred to Senate Select Committee on Indian Affairs.

   Source: IntroReferral

2. 13 June 1980

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 17 September 1980

   Reported

   Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 96-957.

   Source: Committee

4. 17 September 1980

   Reported

   Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 96-957.

   Source: Committee

5. 23 September 1980

   Passed

   Measure indefinitely postponed in Senate (See H.R. 7919 as passed Senate for similar provisions).

   Source: Floor

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 17 September 1980

  Open at official source

• Introduced in Senate

  summary · EN · 13 June 1980

  Open at official source

Sponsors

• Rep. Cohen, William S. [R-ME-2] · R · Sponsor
• Sen. Mitchell, George J. [D-ME] · D · Cosponsor
• · slia00 · Other

Related records

• related to → Maine Indian Claims Settlement Act of 1980