
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1723]

 
                            TITLE 25--INDIANS
 
               CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
 
              SUBCHAPTER II--MAINE INDIAN CLAIMS SETTLEMENT
 
Sec. 1723. Approval of prior transfers and extinguishment of 
        Indian title and claims of Indians within State of Maine
        

(a) Ratification by Congress; personal claims unaffected; United States 
        barred from asserting claims on ground of noncompliance of 
        transfers with State laws or occurring prior to December 1, 1873

    (1) Any transfer of land or natural resources located 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.
    (2) The United States is barred from asserting on behalf of any 
Indian, Indian nation, or tribe or band of Indians any claim under the 
laws of the State of Maine arising before October 10, 1980, and arising 
from any transfer of land or natural resources by any Indian, Indian 
nation, or tribe or band of Indians, located anywhere within the State 
of Maine, including but without limitation any transfer pursuant to any 
treaty, compact, or statute of any State, on the grounds that such 
transfer was not made in accordance with the laws of the State of Maine.
    (3) The United States is barred from asserting by or on behalf of 
any individual Indian any claim under the laws of the State of Maine 
arising from any transfer of land or natural resources located anywhere 
within the State of Maine from, by, or on behalf of any individual 
Indian, which occurred prior to December 1, 1873, including but without 
limitation any transfer pursuant to any treaty, compact, or statute of 
any State.

(b) Aboriginal title extinguished as of date of transfer

    To the extent that any transfer of land or natural resources 
described in subsection (a)(1) of this section may involve land or 
natural resources to which the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians, or any of their members, 
or any other Indian, Indian nation, or tribe or band of Indians had 
aboriginal title, such subsection (a)(1) of this section shall be 
regarded as an extinguishment of said aboriginal title as of the date of 
such transfer.

(c) Claims extinguished as of date of transfer

    By virtue of the approval and ratification of a transfer of land or 
natural resources effected by this section, or the extinguishment of 
aboriginal title effected thereby, all claims against the United States, 
any State or subdivision thereof, or any other person or entity, by the 
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet 
Indians or any of their members or by any other Indian, Indian nation, 
tribe or band of Indians, or any predecessors or successors in interest 
thereof, arising at the time of or subsequent to the transfer and based 
on any interest in or right involving such land or natural resources, 
including but without limitation claims for trespass damages or claims 
for use and occupancy, shall be deemed extinguished as of the date of 
the transfer.

(d) Effective date; authorization of appropriations; publication in 
        Federal Register

    The provisions of this section shall take effect immediately upon 
appropriation of the funds authorized to be appropriated to implement 
the provisions of section 1724 of this title. The Secretary shall 
publish notice of such appropriation in the Federal Register when such 
funds are appropriated.

(Pub. L. 96-420, Sec. 4, Oct. 10, 1980, 94 Stat. 1787.)

                       References in Text

    The Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 
Sec. 4, 1 Stat. 137, 138), referred to in subsec. (a)(1), was not 
classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229, 
230, 251, 263, and 264 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1724, 1725, 1734 of this 
title.
