Page:United States Statutes at Large Volume 105 Part 2.djvu/196

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

105 STAT. 1148 PUBLIC LAW 102-171—NOV. 26, 1991 25 USC 1721 SEC. 6. LAWS APPLICABLE. (a) FEDERAL RECOGNITION. —Federal recognition is hereby extended to the Aroostook Band of Micmacs. The Band shall be eligible to receive all of the financial benefits which the United States provides to Indians and Indian tribes to the same extent, and subject to the same eligibility criteria, generally applicable to other federally recognized Indians and Indian tribes. (b) APPLICATION OF FEDERAL LAW. —For the purposes of application of Federal law, the Band and its lands shall have the same status as other tribes and their lands accorded Federal recognition under the terms of the Maine Indian Claims Settlement Act of 1980. (c) ELIGIBILITY FOR SPECIAL SERVICES.— Notwithstanding any other provision of law authorizing the provision of special programs and services by the United States to Indians because of their status as Indians, any member of the Band in Aroostook County, Maine, shall be eligible for such services without regard to the existence of a reservation or the residence of members of the Band on or near a reservation. (d) AGREEMENTS WITH STATE REGARDING JURISDICTION.—The State of Maine and the Band are authorized to execute agreements regarding the jurisdiction of the State of Maine over lands owned by, or held in trust for the benefit of, the Band or any member of the Band. The consent of the United States is hereby given to the State of Maine to amend the Micmac Settlement Act for this purpose: Provided, That such amendment is made with the agreement of the Aroostook Band of Micmacs. 25 USC 1721 SEC. 7. TRIBAL ORGANIZATION. (a) IN GENERAL. —The Band may organize for its common welfare and adopt an appropriate instrument in writing to govern the affairs of the Band when acting in its governmental capacity. Such instrument and any amendments thereto must be consistent with the terms of this Act. The Band shall file with the Secretary a copy of its organic governing document and any amendments thereto. GD) MEMBERS.— For purposes of benefits provided by reason of this Act, only persons who are citizens of the United States may be considered members of the Band except persons who, as of the date of enactment 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 approval by the Secretary. 25 USC 1721 SEC. 8. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT. For the purposes of this section, the Band is an "Indian tribe" within the meaning of section 4(8) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(8)), except that nothing in this section shall alter or affect the jurisdiction of the State of Maine over child welfare matters as provided by the Maine Indian Claims Settlement Act of 1980. 25 USC 1721 SEC. 9. FEDERAL FINANCIAL AID PROGRAMS UNAFFECTED BY PAY- note. MENTS UNDER THIS ACT. (a) STATE OF MAINE. — No payments to be made for the benefit of the Band pursuant to this Act shall be considered by any agency or department of the United States in determining or computing the