Page:United States Statutes at Large Volume 94 Part 2.djvu/509

 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 represented, as of the date of the enactment of this Act, by the Joint Tribal Council of the Passamaquoddy Tribe, with separate councils 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 Settlement 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 A N D E X T I N G U I S H M E N T OF I N D I A N TITLE AND CLAIMS OF THE PASSAMAQUODDY TRIBE, THE PENOBSCOT NATION, THE HOULTON BAND OF MALISEET I N D I A N S, AND ANY OTHER I N D I A N S, INDIAN N A T I O N, OR TRIBE OR BAND OF I N D I A N S W I T H I N THE STATE OF M A I N E

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 Intercourse 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.

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