102d CONGRESS
1st Session
S. 374
AMENDMENT
S 374 EAH
In the House of Representatives, U. S.,
November 12, 1991.
Resolved, That the bill from the Senate (S. 374) entitled `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', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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This Act may be cited as the `Aroostook Band of Micmacs Settlement Act'.

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(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 services 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 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.

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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 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 hunting and fishing rights.
(5) The term `Land Acquisition Fund' means the fund established 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 entitled `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 `Secretary' means the Secretary of the Interior.

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(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 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 Treasury 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 transferred to
the Band Tax Fund until a total of $50,000 has been transferred to the
Band Tax Fund under this paragraph. No transfer 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 as 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 requirements 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 (together with any interest or penalties 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 FILING AND PAYMENT OF CLAIMS- The Secretary 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.

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(a) IN GENERAL- Subject to the provisions of section 4, the Secretary
is authorized and directed to expend, at the request of the Band, the
principal of, and income accruing on, the Land Acquisition Fund for the
purposes of acquiring land or natural resources for the Band and for no
other purposes. Land or natural resources 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, as 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 SUBDIVISIONS 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 Maine Implementing Act for the purpose of embodying
the agreement described in paragraph (1).
(d) ACQUISITION- (1) Lands and natural resources may be acquired 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
(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 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 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 condemnation 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 condemnation
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 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.

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(a) FEDERAL RECOGNITION- Federal recognition is hereby extended 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 federally recognized Indians and Indian tribes.
(b) APPLICATION OF FEDERAL LAW- For the purposes of application 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) ELIGIBILITY 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.

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(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.
(b) 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 governing document, or amendments thereto, subject to
approval by the Secretary.

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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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(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 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.

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There are authorized to be appropriated $900,000 for the fiscal year 1992
for transfer to the Aroostook Band of Micmacs Land Acquisition Fund.

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In the event of a conflict of interpretation between the provisions of
the Maine Implementing Act or the Maine Indian Claims Settlement Act of
1980 and this Act, the provisions of this Act shall govern.

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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.
S 374 EAH----2

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Aroostook Band of Micmacs Settlement Act — S. 374

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