Page:United States Statutes at Large Volume 94 Part 2.djvu/517

 PUBLIC LAW 96-420—OCT. 10, 1980

94 STAT. 1795

TRIBAL ORGANIZATION

SEC. 7. (a) The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians may each organize for its common welfare and adopt an appropriate instrument in writing to govern the affairs of the tribe, nation, or band when each is acting in its governmental capacity. Such instrument and any amendments thereto must be consistent with the terms of this Act and the Maine Implementing Act. The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians shall each file with the Secretary a copy of its organic governing document and any amendments thereto. (b) For purposes of benefits under this Act and the recognition extended the Houlton Band of Maliseet Indians, no person who is not a citizen of the United States may be considered a member of the Houlton Band of Maliseets, except persons who, as of the date 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 the approval of the Secretary.

25 USC 1726.

Houlton Band of Maliseet Indians, membership.

IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT

SEC. 8. (a) The Passamaquoddy Tribe or the Penobscot Nation may Indian child assume exclusive jurisdiction over Indian child custody proceedings custody proceedings, pursuant to the Indian Child Welfare Act of 1978 (92 Stat. 3069). tribal Before the respective tribe or nation may assume such jurisdiction jurisdiction. over Indian child custody proceedings, the respective tribe or nation 25 USC 1727. shall present to the Secretary for approval a petition to assume such 25 USC 1901 jurisdiction and the Secretary shall approve that petition in the note. 25 USC 1918. manner prescribed by sections 108(aHc) of said Act. Qa) Any petition to assume jurisdiction over Indian child custody proceedings by the Passamaquoddy Tribe or the Penobscot Nation shall be considered and determined by the Secretary in accordance with sections 108 0)) and (c) of the Act. (c) Assumption of jurisdiction under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction. (d) For the purposes of this section, the Passamaquoddy Indian Reservations. Reservation and the Penobscot Indian Reservation are "reservations" within section 4(10) of the Act. (e) For the purposes of this section, the Houlton Band of Maliseet Indian tribe. Indians is an "Indian tribe" within section 4(8) of the Act, provided, that nothing in this subsection shall alter or effect the jurisdiction of the State of Maine over child welfare matters as provided in subsection 6(e)(2) of this Act. (f) Until the Passamaquoddy Tribe or the Penobscot Nation has Indian child assumed exclusive jurisdiction over the Indian child custody proceed- custody proceedings, ings pursuant to this section, the State of Maine shall have exclusive jurisdiction. jurisdiction over Indian child custody proceedings of that tribe or nation. EFFECT OF PAYMENTS TO PASSAMAQUODDY TRIBE, PENOBSCOT NATION, AND HOULTON BAND OF MALISEET INDIANS

S E C 9. (a) No payments to be made for the benefit of the Passama- 25 USC 1728. quoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet

�