Page:United States Statutes at Large Volume 105 Part 2.djvu/194

 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, 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 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 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

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