Houlton Band of Maliseet Indians
Settlement Act of 1986
October 27,1986
P. L. 99-566 §§ 1-4
100 Stat. 3184
Section 1. Short Title
Section 2. Definitions
Section 3. Houlton Band Tax Fund
Section 4. Houlton Band Trust Land
This Act may be cited as the "Houlton Band of Maliseet Indians Settlement
Act of 1986."
For purposes of this Act---
- (1) The term 'Houlton Band Tax Fund" means the fund established under
section 3.
- (2) The term 'Houlton 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 Houlton Band of Maliseet Indians in accordance
with section 5 (d) of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C.
1724 (d); 94 Stat. 1789)
- (3) The term 'amended Maine Implementing Act' means the Maine Implementing Act
(defined in section 3 (e) of the Maine Indian Claims Settlement Act of 1980
(25 U.S.C. 1724 (d); 94 Stat. 1787) as amended by---
- (A) The 'Act to amend the Maine Implementing Act with
respect to the Houlton Band of Maliseet Indians', enacted by the State of
Maine in chapter 675 of the Public Laws of 1981, and
- (B) the State of Maine in chapter 672 of the Public Laws of 1985,
- (4) The term 'Secretary' means the Secretary of the
Interior.
- (5) The term 'Houlton Band of Maliseet Indians' has the meaning given to such
term by section 3 (a) of the Maine Indian Claims Settlement Act of 1980
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Section 3. Houlton Band Tax Fund
(a) There is hereby established in the United States Treasury a fund to be
known as the Houlton Band Tax Fund in which shall be deposited $200,000 in
accordance with the provisions of this Act.
(b)
- (1) Income accrued on the land acquisition fund
established for the Houlton Band of Maliseet Indians pursuant to subsections
(c) and (d) (1) of section 5 of the Maine Indian Claims Settlement Act of 1980
(25 U.S.C. 1724; 94 Stat. 1789) shall be transferred to the Houlton Band Tax
Fund. No transfer shall be made under this subsection if such transfer would
diminish such land acquisition fund to a balance of less that $900,000.
- (2) Whenever funds are transferred to the Houlton Band Tax
Fund pursuant to paragraph (1), the Secretary shall publish notice of such
transfer in the Federal Register. Such notice shall specify when the full
amount of $200,000 has be transferred to the Houlton Band Tax Fund.
(c) The Secretary shall manage the Houlton Band Tax Fund in
accordance with the first section of the Act of June 24, 1938 (25 U.S.C 162a),
and shall utilize the principal and interest of such Fund only as provided in
subsection (d) and for no other purpose.
(d) Notwithstanding the provisions of section 3727 of title
31, United States Code, the Secretary shall pay out of the Houlton Band Tax
Fund all valid claims for taxes, payments in lieu of property taxes, and fees,
together with any interest and penalties thereon---
- (1)for which the Houlton Band of Maliseet Indians are
determined to be liable under the terms of section 6208-A(2) of the amended
Maine Implementing Act,
- (2) which are final and not subject to further
administrative or judicial review, and,
- (3) which have been certified by the Commissioner of Finance
and Administration of the State of Maine as valid claims (within the meaning
of section 6208-A(2) of the amended Maine Implementing Act) that meet the
requirements of this subsection.
(e) Notwithstanding any other provision of law, if---
- (1)the Houlton Band of Maliseet Indians 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 or penalties
thereon, and
- (2) there are insufficient funds in the Houlton 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 Houlton Band of Maliseet
Indians only from income-producing property owned by such Band which is not
held in trust for such Band by the United States, and such Band shall not be
required to pay such tax, payment, or fee (or any interest of penalty thereon)
from any other source.
(f) The Secretary shall, after consultation with the
Commissioner of Finance and Administration of the State of Maine and the
Houlton Band of Maliseet Indians, prescribe written procedures governing the
filing and payment of claims under this section and section 6208-A of the
amended Maine Implementing Act.
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Section 4. Houlton Band Trust Land
(a) Subject to the provisions of section 3 of this Act, the
Secretary is authorized and directed to expend, at the request of the Houlton
Band of Maliseet Indians, the principal of, and income accruing on, the land
acquisition fund established for such Band under subsections (c) and (d)(1) of
section 5 of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1724;
94 Stat. 1789) for the purposes of acquiring land or natural resources for
such Band and for the benefit of such Band.
(b)
- (1)Land or natural resources acquired with funds expended
under the authority of subsection (a) and held in trust for the benefit of the
Houlton Band of Maliseet Indians 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,
- (C) transfers authorized by section 5(g)(3) of the Maine
Indians Claims Settlement Act of 1980 (25 U.S.C. 1724 (g)(3); 94 Stat. 1791),
or
- (D) 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 Houlton Band of Maliseet Indians to another member of
such Band.
(c)
- (1) Land or natural resources acquired with funds expended
under the authority of subsection (a) and held in trust for the benefit of the
Houlton Band of Maliseet Indians 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 amended Maine Implementing Act for the
purpose of embodying the agreement described in paragraph (1).
(d)
- (1) Lands and natural resources may be acquired by the
Secretary for the Houlton Band of Maliseet Indians only if the Secretary has,
at any time prior to such acquisition---
- (A) transmitted a letter the Secretary of State of the State
of Maine stating that the Houlton Band Tax Fund contains $200,000, 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 3(f) [this note.]
- (2)
- (A) No land or natural resources may be acquired by the
Secretary for the Houlton Band of Maliseet Indians until the Secretary ---
- (i) 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 by the
Secretary, or
- (ii) files with the Secretary of State of the State of Maine
a certified copy of any instrument setting forth the location and boundaries
of the land or natural resources to be acquired.
- (B) For purposes of subparagraph (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.
END OF DOCUMENT
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