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LAW OFFICES
•
SoNosKY, CHAMBERs
2 030 M S~~
'33"'
&
SAcHsE
N. W.
\SBD Mi&~N~~o': n: c. 2oo36
MARVIN J. SONOSKY
HARRY R. SACHSE
TELEPHONE
(202) 331-7780
REID PEYTON CHAMBERS
WILLIAM R. PERRY
August 25 J 1980 .
Honorable John Melcher
Chairman, Select Corrmittee on Indian ·Affairs
united States Senate
Washington, D.C.
20510
Re:
S. 2829, Maine Indian Claims Settlement
Act
Dear MI:'.. Chainnan:
As you k:nmv, we represent the Houlton Band of Maliseet Indians.
•
l-Je have received a copy of State Attorney General Richard
Cohen's August 19 letter to you, proposing certain changes in the
··· amended bill submi.tted to you by the Secretary of the Interior on
August 8.
· The Houlton Band of Maliseets strongly opposes the roodifications to Section 5 proposed by Attomey General Cohen. As you know
from our written testirrony, our support for legislation ext:inguishing
Maliseet aboriginal title in Maine is conditioned upon the acquisition
of trust land for the Houlton Band. This land must be restricted against
alienation and otherwise subject to the ordinary protections of federal
law for Indian lands . Otherwise, history teaches that the land will
not lor..g remain in Indian m·mership.
•
Section 5 as proposed by the Secretary accomplishes this.
Section 5(d)(3) provides that lands acquired for the Band shall be held
in trust, the acquisition to be concurred in by authorized state
officials, and that certain payments shall be made in lieu of state
property taxes. Section 5(f)(2) restricts the land against alienation
in the same marmer as other Indian trust lands. Section 5(f)(3) provides
that the Band may exchange or lease its lands, grant rights-of-,vay
over them or make timber sales in accord with the ordinary federal
statutes applicable to Indian trust lands. And Sections 5 (h) and (i)
provide for condemnation and the use of the proceeds of condannation to
reacquire lands in trust for the Band .
These ordin.ary protections of federal law are essential for
the Band's lands . They concern the relationship bea-reen the Band and
�Honorable Jolm Melcher
A%oust 25, 1980
Page 1\vo
the United States. l-le thought from our extensive neetings that they
had been agreed to by the State. In ·return, the Band has consented
to state jurisdiction over it and its rnerribers except as otherwise
agreed to by the State. Section 6(e) (2) conterrplates jurisdictional
agreements between the State and the Band. It takes as given the
necessary trust status of lands acquired for the land. 'Ihe Houlton
Band can support 8.2829 only i f the protections in Section S(d) (3),
5(f), 5(h) and 5(i) proposed by the Sec~etary are retained.
•
lve also take exception to the State's proposal (letter, p. 1)
amending Section 2(b) (3) . The Maine Implementing Act, of course,
carmot be "amended" by Congress, because Congress does not amend state
legislation. In the case of inconsistencies, federal law governs.
t-le believe that · the Maine Implementing Act, standing alone, might be
~ead as subjecting lands of the Houlton Band to state:i laws such as those
assessing state property taxes. For this reason, sorre clarifying
language in Section 2(b)(3) is necessary .
. We recognize that your corrmittee will shortly consider this
legislation, and strongly urge you to adhere to the Secretary's pro- ·
posal, with the single exception of the provision (Section 6 (h) , past
proviso) conceming merriDership :in the Houlton Band, which 'tve discussed
in our earlier letter to you dated August 20, 1980.
Kind personal regards,
Sincerely,
Is/ Reid Peyton Chambers
Reid Peyton Chambers
RPC/cmt
cc:
•
Honorable Cecil D. Andrus, Secretary, Department of the Interior
Honorable William C. Cohen, United States Senate
Honorable Richard Cohen, Attorney General, Maine
Thomas N. Tureen, Esq.
Terry Polchies, Executive Director, Association of Aroostook Indians
Clair Sabattis, President, Association of Aroostook Indians
:Mr. James Wherry
�
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William S. Cohen Papers
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Letter from Reid Peyton Chambers (Attorney for Houlton Band of Maliseet Indians) to Senator John Melcher, opposing the modifications to § 5 of the Maine Indian Claims Settlement Bill (now 25 U.S.C. 1724) that the Maine Attorney General proposed on 08/19/1980
Date
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8/25/1980
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William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 8, Folder 11
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes courtesy of Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine. Prior permission is required for any commercial use.
Attorney General Richard Cohen
Jurisdiction
Maliseet
Reid Peyton Chambers
Senator John Melcher
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/
LAW OFFICES
SoNoSKY, CHAMBERS
&
SACHSE
2030 M STREET, N. W.
WASHINGTON, D. C. 20036
MARVIN J. SONOSKY
HARRY R. SACHSE
REID PEYTON CHAMBERS
TELEPHONE
(202) 331-7780
July 15, 1980
WILLIAM R. PERRY
Honorable Cecil D. Andrus
Secretary
Department of the Interior
Washington, D.C.
20240
Attention:
Dear
T:irrothy Vollmmn, Esq.
Mr. Secretary:
As you know, '=.Je represent the Houlton Band of Maliseet
Indians. The purpose of this letter is to supply our ~nts on
"Proposed Changes :in S. 2829," a document furnished by Mr. Vollmmn
at our July 10, 1980 rreeting vrl.th representatives· of the Administration,
the State, the Senate Select Comnittee on Indian Affairs, and 'M:tine' s
other two tribes.
A.
'Sec. 2
1. We agree that Sees. 2 (a) (8) and 2 (a) (9) should be deleted.
SpeGifically, the parties have never executed a "Settlement Agreement"
and the Houlton Band of :Maliseets has never agreed to the l'E.ine ImpleIIEI1ting Act as presently constituted (in fact, the Act presently concerns
only the relations between the State and the Passamaquoddy Tribe and
Penobscot Nation) .
2.
'He agree that Section 2(b) (3) should be deleted., and
that Congress does not need specifically to ratify any state legislation.
3. We agree that Section 2(b) (~) is inconsistent with other
portions of the Act. In our vievJ., it should be deleted. Alternatively,
the· phrase ''as provided herein'' should be added at the end of the
Section. As you knov1, we are now discussing alterations in the Act
that to s~ extent exempt the Houlton Band from state laws, and these
exemptions are an essential precondition to the Band's support for S. 2829.
B.
Sec. 3
4. We concur in your proposed IIDdification of Section 3(a),
and defer to the Passamaquoddy Tribe and Penobscot Nation as to the
I
�Honorable Cecil D. Andrus
July 15, 1980
Page Two
balance of your revisions to Section 3, except that we agree that
"Indian territory" should be defined :in S. 2829. It is essential that
this definition should provide that "Indian territory shall include
not more than 5,000 acres purchased in trust by the United States in
eastern Aroostook County either for the benefit of the Houlton Band
of Maliseets or for the benefit of the Passamaquoddy Tribe and
Penobscot Nation for the benefit of the Houlton Band of Maliseet Indians."
In this regard, we are willing to consider the "trust on a trust" concept, so long as the Passamaquoddy Tribe and Penobscot Nation
irrevocably agree, with the Secretary's approval, that any laws, ordinances, ·
or constitutional provisions of the Houlton Band of 'Maliseets pertaining
to these lands shall without further action have the binding effect
of laws of the Passarm.qooddy Tribe and Penobscot Nation and cannot be
modified without consent of the Houlton Band Coilllcil. The Senate
Comnittee Report should so state. Also, we strongly oppose the cut off
date of January 1, 1983 for acquisition of these lands, and believe
that any definition of this nature in the state bill should be overridden
by the federal definition.
C.
Sec. 4
5. We interpose no objection to your changes to Section 4,
and defer to the Passamaquoddy Tribe and Penobscot Nation on this matter.
D.
. 6.
on your
Sec. 5
We defer to the Passarraquoddy Tribe and Penobscot Nation
concerning Sections 5(a) and 5(b).
c~ges
7. In Section 5(d)(l), we agree that a period should be
placed after Indians, as you have proposed, and that the specific amount
or type of lands to be purchased should be deleted. The section
may also be charged to reflect the "trust on a trust" concept if we
can .a gree with the State on this.
8. We strongly object to your deleting from Section 5(d)
the requirement of tribal consent for all lands purchased. We also
strongly except to the portion of the section giving the Secretary
administrative authority to determine Whether the Houlton Band has
"cease (d) to exist." On this point, we have two alternative proposals.
(a)
The section should read:
�I·
Honorable Cecil D. Andrus
July 15, 1980
Page Three
"If the Houlton Band of Maliseet Indians should
at any time cease to hold the beneficial interest
in lands purchased in trust for it, such lands
shall thereafter be held in . trust by the United
States, one-half for the benefit of the Passamaquoddy Tribe and one-half for the benefit of the
Penobscot Nation;" or
(b) If the ''trust on a crust'' concept is adopted,
the equitable reversionary interest becomes automatic,
and the sentence can be rerroved.
9.
He agree with your proposed arrendrnent to Section 5(e) (2).
10. He agree with your new Section 5(e) (3), -vlith t:VX) minor
additions. First, in the preamble, between "may'' and "be," insert
"with the consent of the affected tribe, nation or band." Second,
delete subsection (vi), as sales should be strictly prohibited. Otherwise, we strongly support your consent applying general Indian law
statutes to lands of the Houlton Band.
11.
We agree that Section 5 (f) should be deleted.
12.
\\Te agree with your changes to Section 5 (g) so long as
all purc'b.ases for the Houlton Band are consented to by it, and if you
add the words ''and shall be held for the benefit of the tribe, nation
or band o-vming beneficial interest to the lands so taken.''
E.
Sec. ''Y''
13. He strongly support the purposes behlnd this new proposed
Section. If your draft language is retained, "shall" should be replaced
by "may" since adoption of a constitution is optional. Alternatively,
the Section could just provide that the tribes are covered by the Indian
Reorganization Act of 1934, 25 U,S.C. 461 et ·seq., since they did not
vote to reject the provisions of that Act tmder 25 U.S. C. 478. We
prefer the latter approach.
F.
Sec. 6
14. We prefer the approach you have taken in Section 6(a)
and 6 (b) to the approach of S. 2829, and will wrk with Hr. Vollmann
at our next meeting to draft constructive teclmical changes.
�Honorable Cecil D. Andrus
July 15, 1980
Page Four
15. If Section 6(c) of S.2829 is retained (or rrodified as
you propose) we propose a specific am:mdment recognizing a goverrunental
inm.mity for the Houlton Band of Maliseets. In the existing bill, this
could be accomplished as follows:
Add at the end of the Section:
''Notwithstanding any other provision of law, the
Houlton Band of Maliseet Indians shall make payments
in lieu of taxes on all real and personal property
withln the lands held in trust by the United States
for the Houlton Band of Maliseet Indians in an arrotmt
equal to that which ~uld otherwise be imposed by a
courity, a district, the State, or other taxing
authority on such real and personal property provided,
however, that any real or personal property, within
· the lands held in trust by the United State for the
Houlton Band of Maliseets used for governmental
purposes shall be exempt from taxation to the same
extent that such real or personal property owned by a
rrnmicipality is exempt under the laws of the State."
16. Section 6 (d) should also recognize the authority of the
Houlton Band of 11aliseets to enter into agreements with the · State, "Whether
it is drafted as you have proposed or as provided in S. 2829. At our
meeting on July 10, both the Administration and State representat}ves
agreed to this change.
17. We defer to the viev1s of the Passamaquoddy Tribe and
Penobscot Nation on Section 6(f).
18. V.Je strongly support your approach to Section 6 (g) .
Certain laws or types of laws should be ·excluded, instead of a blanket
general exclusion of federal Indian law. We v..."':i.ll be pleased to ~JOrk
with the Department in developing agreeable language at our July 17
meeting.
G.
19.
Section 7.
Sec. 7
The Houlton Band of
~aliseets
should be included in
\
\.
'
·,
�Honorable Cecil D. Andrus
July 15, 1980
Page Five
H.
Sees. 10-12
20. He defer to the views of the Passamaquoddy Tribe and
Penobscot Nation on these proposed changes.
We look fon.7Clrd to meeting again with your representatives
on July 17 to discuss these matters, which are of the greatest
importance to the F.oulton Band. ML. Terry Polchies , authorized spokesman for the Band, will accompany me at that meeting.
Kind personal regards,
Sincerely,
?_~dL
Reid Peyton Chambers
RPC/cmt
�
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William S. Cohen Papers
Description
An account of the resource
Documents from the William S. Cohen Papers have been provided by the Raymond H. Fogler Library, University of Maine. Additional information about the collection can be accessed on their <a href="https://library.umaine.edu/cohen/" target="_blank">web page</a>.
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UMAINE011
Title
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Letter from Reid Peyton Chambers (Attorney for Houlton Band of Maliseet Indians) to Cecil Andrus (Secretary of the Interior) (dated 07/15/1980), Attention to Tim Vollmann (Department of Interior) providing comments to “Proposed Changes in S. 2829,” supplied to Houlton Band by Tim Vollmann at a meeting on 07/10/1980
Date
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7/15/1980
Source
A related resource from which the described resource is derived
William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 9, Folder 9
Language
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English
Type
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Text
Documents
Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes courtesy of Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine. Prior permission is required for any commercial use.
1723
1725(h)
Application of State Law
Cecil Andrus
Extinguishment of Claims
Jurisdiction
Maliseet
Passamaquoddy
Penobscot
Reid Peyton Chambers
Terry Polchies
Tim Vollmann
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e62302d65577ff9fcf9060391df7e859
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STEPHEN
RicHARD S. CoHEN
L. DIAMOND
JoHN S. GLEASON
ATTORNEY GENERAL
JOHN M.R.PKrERSON
RoBERT J. STOLT. ·
DEPUTY AT "ORNEYS GENERAL
STATE OF MAINE
DEPARTMENT OF THE ATTORNEY GENERAL
AUGUSTA. MAINE 04333
July 21, 1980
The Honorable Cecil D. Andrus
Secretary of Interior
United States Department of Interior
Washington, D. C. 20240
Re:
Maine Indian Land Claims
Settlement Act., S. 2829.
Dear Secretary Andrus:
Since the hearings before the Senate Select Committee
on Indian Affairs concerning S. 2829, the various parties
affected by S. 2829 have met to discuss in detail the concerns you mentioned in your testimony. Representatives of
the Department of Interior ("Interior") and Department of
Justice ("Justice") have proposed clarifying language to address those concerns. The State of Maine ("State") in turn
has evaluated those proposals and has responded in writing
to them. The purpose of this letter is to confirm the State's
position on each of the various issues and proposals that have
been discussed with representatives of Interior and Justice.
The revisions proposed by or agreed upon by the State
are intended only to be a clarification of the original mutual
intent of the State and the Passamaquoddy Tribe and Penobscot
Nation. We believe that substantive changes to S. 2829 are
inappropriate because the substanpe of S. 2829 represents the
results of extensive arms-length negotiations between the State
and the Passamaquoddy Tribe and Penobscot Nation. Any substantive alteration in S. 2829 by the United States could upset the
balance of interests that the parties established through negotiations and upon which the Legislature of the State relied in
enacting the Maine Implementing Act.
�The Honorable Cecil D. Andrus
July 21, 1980
Page Two
Congressional Findings - Section 2
The State agrees with the Interior's proposal that
Section 2(a)(2) be redrafted to read:
"(2) Indians, Indian nations and tribes
and bands of Indians, other than the Passamaquoddy Tribe, Penobscot Nation and Houlton Band
of Maliseet Indians, that once may have held
aboriginal title to lands within the State of
Maine long ago abandoned their aboriginal holdings."
The State proposes that Section 2(a)(8) be deleted
since the "Settlement Agreement" referred to in that section was never executed by the parties.
The State also proposes that Section 2(a)(9) be amended
to delete the reference to the Houlton Band of Maliseet
Indians.
Definitions - Section 3
The State agrees with Interior's proposal that subsections (a) (h) and (k) be redrafted to provide:
"(a) 'Houlton Band of Maliseet Indians' means
the sole successor to the Maliseet Tribe of Indians
as constituted in aboriginal times in what is now
the State of Maine, and all its predecessors and
successors in interest. The Houlton Band of Maliseet
Indians is represented, as of the date of enactment
of this Act, as to lands within the United States,
by the Houlton Band Council of the Houlton Band of
Maliseet Indians.
"(h) 'Passamaquoddy Tribe' means the Passamaquoddy Indian Tribe as constituted in aboriginal
�The Honorable Cecil D. Andrus
July 21, 1980
Page Three
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.
"(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 the enactment of this Act, by the Penobscot Nation
Governor and Council."
The State agrees that the term "lands or other natural
resources" in Section 3(b) should be redrafted to read "land
or natural resources". The use of this term throughout S.
2829 should be similarly amended.
Subsection (e) should be redrafted to provide:
"(e) 'Maine Implementing Act' means Section
1 of the 'Act to Implement the Maine Indian
Claims Settlemen~ enacted by the State of
Maine in Chapter 732 of the Public Laws of
1979."
The remaining definitional changes proposed by Interior
are neither necessary nor appropriate. In particular the
terms Passamaquoddy Indian Territory, Passamaquoddy Indian
Reservation, Penobscot Indian Territory and Penobscot Indian
Reservation should be defined by reference to the Maine Implementing Act. This definition by reference is particularly
necessary because the Passamaquoddy Tribe and Penobscot
Nation and State could later vary the boundaries of these
areas by mutual agreement without further approval by the
United States.
The Maine Implementing Act defines the Passamaquoddy
and Penobscot Indian Territories as land in specified areas
�The Honorable Cecil D. Andrus
July 21, 1980
Page Four
to the extent acquired by the Secretary of Interior on or
before January 1, 1983. Because it is possible that the
contemplated Congressional appropriation for the purchase
of these lands may be delayed, Interior proposed that S.
2829 be redrafted to extend the date for acquisition of
land. This proposed extension cannot be accomplished without
amendment of the Maine Implementing Act and the Legislature
of the State would be unwilling to so amend the Maine Implementing Act at this time. Speaking for myself, however, if
the appropriation is in fact delayed so that land acquisition
for the Passamaquoddy and Penobscot Indian Territories cannot
be effected by 1983, I would be willing to recommend to the
Legislature of the State that it agree to amend the Maine
Implementing Act to extend the date for acquisition.
Extinguishment of Claims - Section 4
The State cannot agree with Interior's proposed amendment to Section 4(a)(l). The adoption of the proposed redraft of Section 4(a)(l) would result in a major substantive
change in the agreed upon settlement.
The State cannot agree with the request by the Passamaquoddy Tribe and the Penobscot Nation that extinguishment be
conditioned upon actual appropriation of monies. Any such
change would result in a major substantive change in the
agreed upon settlement. Moreover, we are confident that
Congress will honor its undertaking to appropriate the monies
authorized by S. 2829. We also think there is ample precedent
for the approach embodied in S. 2829 including the Alaska
Native Claims Settlement Act, and the recent Rhode Island
Indian Claims Settlement Act.
Similarly, the State cannot agree with Interior's proposal to condition extinguishment of claims upon the execution of releases by the Tribes. Conditioning extinguishment
of claims upon execution of releases would provide the
Passamaquoddy Tribe and Penobscot Nation an opportunity to
�The Honorable Cecil D. Andrus
July 21, 1980
Page Five
delay the extinguishment of claims agreed upon by the parties.
Although the present language of Sections 4(a)(2) and
4(a)(3) is sufficient, the State proposes the following to
the extent redrafting is essential:
"(2) The United States is barred from asserting
by or on behalf of any Indian, Indian nation or
tribe or band of Indians any claim under the laws
of the State arising from any transfer of land or
natural resources located anywhere within the State
of Maine, from, by or on behalf of any Indian
nation or tribe or band of Indians including but
without limitation any transfer pursuant to any
treaty or compact with or any statute of any state.
"(3) The United States is barred from asserting
by or on behalf of any individual Indian any
claim under the laws of the State arising from
· any transfer of land or natural resources located
\ anywhere within the State 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 or compact
with or any statute of any state."
Settlement Fund and Land Acquisition Fund - Section 5
While the language in S. 2829 is sufficient and appropriate, we would agree to the following clarifications to
Sections (d), (e) and (g) if clarification is deemed essential:
"(d) The principal of the Land Acquisition Fund
shall be apportioned as follows:
(1)
-$900,000 to be held in trust for the
Houlton Band of Maliseet Indians;
�The Honorable Cecil D. Andrus
July 21, 1980
Page Six
(2)
(3)
~
$26,800,000 to be held in trust for
the Passamaquoddy Tribe; and
$26,800,000 to be held in trust for
the Penobscot Nation.
The secretary is authorized and directed to expend,
with the consent of the affected Tribe, Nation, or
Band, the principal and any income accruing to the
respective portions of the Land Acquisition Fund
for the purpose of acquiring at least 147,500 acres
of land for the Penobscot Nation, at least 147,500
acres of land for the Passamaquoddy Tribe, and at
least 5,000 acres of land for the Houlton Band of
Maliseet Indians. Land within Passamaquoddy and
Penobscot Indian Territories shall be held in trust
by the United States for the benefit of the respective Tribe or Nation. Land outside the boundaries
of Passamaquoddy and Penobscot Indian Territories
shall be held in fee simple by the respective Tribe,
Nation or Band, and the United States shall have no
further trust responsibility with respect thereto.
Except as provided in this section, or as otherwise
provided in the Maine Implementing Act, the United
States shall have no other authority to acquire lands
in trust for the benefit of Indians, Indian nationsor
tribffior banrnof Indians in the State of Maine. Notwithstanding the provisions of Section 257 of Title
40 of the United States Code, the Secretary may acquire land under this Act only if the Secretary and
the owner of record of the land have agreed upon the
identity and price of such land.
"(e)(2) Except as provided in paragraph (3) of this
subsection, any transfer of land or natural resources
within Passamaquoddy Indian Territory or Penobscot
Indian Territory, except (i) takings for public uses
pursuant to the Maine Implementing Act, (ii) takings
for public uses pursuant to the laws of the United
States, or (iii) transfers of individual Indian use
assignments from one member of the Passamaquoddy
�The Honorable Cecil D. Andrus
July 21, 1980
Page Seven
Tribe or Penobscot Nation, to another member of the
same Tribe or Nation, shall be void ab initio and
without any validity in law or equit~
"(3) Land or natural resources within Passamaquoddy Indian Territory or the Penobscot Indian
Territory, may be-(i) leased in accordance with the Act of
August 9, 1955 (69 Stat. 539), as amended,
(ii) leased in accordance with the Act of
May 11, 1938 (52 Stat. 347), as amended,
(iii) sold in accordance with section 7 of
the Act of June 25, 1910 (36 Stat. 857), as
amended,
(iv) subject to rights-of-way in accordance
with the Act of February 6, 1948 (62 Stat. 17),
(v) exchanged for other land or natural
resources of equal value, and
(vi) sold, only if the proceeds of the sale
are deposited in the Land Acquisition Fund established pursuant to subsection (c).
"(g) If land or natural resources within the Passamaquoddy Indian Territory or Penobscot Indian Territory
is taken for public purposes pursuant to the Maine
Implementing Act or the laws of the United States,
the proceeds paid in compensation for such taking
shall be deposited in the Land Acquisition Fund established by subsection (c)."
Tribal Government - Section Y.
Although the proposed Section Y is not necessary, the
�The Honorable Cecil D. Andrus
July 21, 1980
Page Eight
State does not object to the following language to the extent clarification is deemed essential:
"Sec. Y.
(a) The Passamaquoddy Tribe and
the Penobscot Nation shall each organize for their
common welfare, and adopt an appropriate instrument in writing to govern the affairs of the Tribe
or Nation, 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, and must
be approved by a majority of the adult members of
the Tribe or Nation participating in an election
conducted by the Secretary.
"(b) Any business corporation created by the
Passamaquoddy Tribe or Penobscot Nation with the .
approval of a majority of the adult members of such
Tribe or Nation participating in an election conducted by the Secretary shall not constitute for
, purposes of federal taxation a corporation within
· the meaning of section 11 of the . Internal Revenue
; Code of 1954, as amended, provided, however, that
any business corporation created by the Passamaquoddy Tribe, Penobscot Nation or any member of
either Tribe or Nation shall be subject to all the
laws of the State."
Application of State Laws - Section 6
Although the language of S. 2829 is sufficient and
appropriate, the State would agree to the following to
the extent clarification is necessary:
Redraft Section 6(c) by adding to the end of the first
sentence the following clause:
�The Honorable Cecil D. Andrus
July 21, 1980
Page Nine
"; and 28 U.S.C. § 1362 shall be applicable
to civil actions brought by the Passamaquoddy
Tribe and Penobscot Nation."
Redraft Section 6(c) by adding in the second sentence
the word "valid" before "money judgment".
Redraft Section 6(d) to provide:
"(d) The consent of the United States is
hereby given to the State of Maine to amend the
Maine Implementing Act with respect to either
the Passamaquoddy Tribe or Penobscot Nation, provided that such amendment is made with the agreement of the affected Tribe or Nation, and that such
amendment relates to (1) the enforcement or application of civil, criminal or regulatory laws of thePassamaquoddy Tribe, the Penobscot Nation and the
State within their respective jurisdictions; (2)
allocation or determination of governmental responsibility of the State and the Tribe or Nation over
· specified subject matters or specified geographical
\ areas, or both, including provision for concurrent
jurisdiction between the State and the Tribe or
Nation, or (3) the allocation of jurisdiction between tribal courts and State courts."
Redraft Section 6(f) to provide:
"(f) The Passamaquoddy Tribe, Penobscot Nation
and the State of Maine shall give full faith and
credit to the judicial proceedings of each other."
The State would have no objection to a provision in S. 2829
to the effect that the United States and other states shall
honor judgments of the Passamaquoddy and Penobscot tribal
courts.
Redraft Section 6(g) to provide:
�The Honorable Cecil D. Andrus
July 21, 1980
Page Ten
"(g) No law or regulation of the United
States (i) which accords or relates to a special
status or right of or to any Indian, Indian
nation, tribe or band of Indians, Indian lands,
Indian reservations, Indian country, Indian territory or land held in trust for Indians and (ii)
which affects or preempts the civil, criminal or
regulatory jurisdiction of the State of Main~ including but without limitation the Act of June 25,
1948, c. 645, 62 Stat. 757, as amended, and the
Act of July 12, 1960, 74 Stat. 469 as amended,
shall apply within the State of Maine, provided,
however, that the Passamaquoddy Tribe, the Penobscot
Nation, and the Houlton Band of Maliseet Indians and
State shall be eligible to receive all the financial
benefits which the United States provides to Indians,
Indian nations and tribes or bands of Indians or
States to the same extent and subject to the same
eligibility criteria generally applicable to other
Indians, Indian nations or tribes or bands of
, Indians or states and for the purposes of deter\ mining eligibility for such financial benefits, the
respective Tribe, Nation and Band shall be deemed to
be federally recognized Indian tribes; and provided,
further, that the Passamaquoddy Tribe, the Penobscot
Nation and the Houlton Band of Maliseet Indians shall
be considered federally recognized Indian tribes for
the purposes of federal taxation and any lands owned
by or held in trust for the respective Tribe, Nation
or Band shall be considered federal Indian reservations for purposes of federal taxation."
It has been proposed that S. 2829 be amended to authorize
that land acquired for the Houlton Band of Maliseet Indians
under Section 5 be held in trust subject to restraints on
alienation and be exempt from taxation. Any proposal that
would exempt the Houlton Band of Maliseet Indians from the
laws of the State in any respect would constitute a serious
�Tne Honorable Cecil D. Andrus
July 21, 1980
Page Eleven
departure from the agreed upon settlement and would be a
major substantive amendment to which the State cannot agree.
The State believes, however, that there is ample provision
in the bill as drafted to permit the Passamaquoddy Tribe or
Penobscot Nation to agree to allow the Houlton Band of
Maliseet Indians to occupy up to 5,000 acres of land in either
the Passamaquoddy or Penobscot Indian Territory. If specific
authorization language is necessary, the State would agree to
clarification of S. 2829. This issue, however, is of paramount
importance; accordingly, it is essential that the State examine
specific language and insure that it is consistent with other
provisions of S. 2829 and the Maine Implementing Act.
In addition, the State would be willing to clarify that
the State and Houlton Band of Maliseet Indians can negotiate
jurisdictional agreements in the future and to that end proposes the following new subsection:
"(h) Notwithstanding the provisions of subsection 6(a), the State of Maine and the Houlton
, Band of Maliseet Indians are authorized to execute
· agreements regarding the jurisdiction of the State
' of Maine over lands owned by or held in trust for
the Band or its members. Unless and until such agreement i~ made, the Houlton Band of Maliseet Indians,
its members and any land owned by the Houlton Band
of Maliseet Indians or any of its members shall be
subject to the laws of the State of Maine to the
extent provided in subsection 6(a)."
The other amendments to this section proposed by
Interior are unnecessary and inconsistent with the agreement
of the parties.
Indian Child Welfare Act - Section 7
The amendment proposed by Interior is unnecessary and
inconsistent with the Indian Child Welfare Act.
�The Honorable Cecil D. Andrus
July 21, 1980
Page Twelve
Although Interior has made no proposal concerning the
application of the Indian Child Welfare Act to the Houlton
Band of Maliseet Indian~ in response to the legitimate concerns of the Houlton Band, the State agrees that S. 2829
may be clarified by the addition of a new Section 7(f) to
provide:
"(f) Except as may otherwise be subsequently
agreed to by the Houlton Band of Maliseet Indians
and the State of Maine pursuant to Section 6(h),
Section 1912 of Title 25 of the United States Code
shall apply to the Houlton Band of Maliseet Indians
to the same extent that that section applies to
Indian tribes as defined in Section 1903 of Title
25 of the United States Code."
State and Federal Funding to the Tribes - Section 8
Although the State
is necessary, the State
that used in the second
extent clarification is
believes no redrafting of Section 8
would agree to language similar to
sentence of 25 U.S.C. §459e, to the
essential.
Interior expressed concern over the interplay between
the provisions of Section 8 of S. 2829 andSections 6211(2)
and (4) of the Maine Timplementing Act. In particular,
Interior expressed concern that Sections 6211(2) and (4)
of the Maine Implementing Act might be inconsistent with
the policy underlying many federal laws. To that end, Interior
initially requested amendment of the Maine Implementing Act or
specific language in S. 2829. After much discussion, we believe the parties have eliminated much of Interior's understandable concern. Rather than amending S. 2829 to state
the parties' mutual understanding, however, it would be
preferable to embody this understanding in the Committee Report. Accordingly, the State proposes the following language
for inclusion in the Committee Report:
�The Honorable Cecil D. Andrus
July 22, 1980
Page Thirteen
"The Committee was advised by the Secretary
of his concern that the set-off provisions in
§ 6211(2) and (4) of the Maine Implementing Act
may work to defeat the intent of federal financial assistance to Indian tribes, since it would
appear on its face to permit the State to use
federal monies to supplant State monies. However,
after further inquiry, the Committee believes the
Implementing Act is not inconsistent with general
federal policy. Specifically, the Committee understands the Maine Implementing Act to work in the
following manner:
"To the extent the United States provides funds
for a program which are intended to be supplemental to a State program, then the set-off provisions of 6211(2) and (4) do not apply. The term
'substantially similar purpose' as used in the Implementing Act was not intended to include federal
funds intended to enhance, enrich or supplement
programs provided for under State law. Thus, for
example, where the BIA funds a remedial reading
program for the Tribes, such program would not be
'substantially similar' to a basic State educational
grant and would not supplant State funding."
This proposed language is stated in general terms rather
than by reference to either specific State or federal programs, because a detailed review of myriad State and federal
statutes and regulations would unduly delay the parties' goal
of prompt enactment of S. 2829.
State Held Tribal Trust Funds - Section 10
Section 10 is essential and any change would work a
major substantive alteration of the negotiated agreement.
Section 10 is particularly necessary because there are now
claims of mismanagement of tribal trust funds pending against
the State by the United States. Because these tribal trust
�'
I
The Honorable Cecil D. Andrus
July 22, 1980
Page Fourteen
funds were created out of proceeds of the land transactions
in dispute, final resolution of claims arising from State
management of these funds is essential. In recognition of
Interior's concern, however, the State proposes substituting
the term "shall constitute" for "shall be accepted" in the
first sentence of Section 10. Any other change cannot be
agreed to.
General Discharge of State Treaty Obligations - Section ll
For the reasons stated above, any change in Section ll
would constitute a major substantive alteration. It would
not be inconsistent with the intent of the parties, however,
to delete the words "any Indian" in the first sentence of
Section 11.
Limitations of Actions - Section 12
The State believes Interior's proposed subsection, (b)
may be unconstitutional.
We look forward to discussing these matters further with
your representatives in the hope that we can promptly resolve
all the remaining issues.
Sincerely,
RICHARD S. COHEN
Attorney General
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Tim Vollman
Barbara N. Coen
Peter s. Taylor
Tim Woodcock
Thomas N. Tureen
Reid P. Chambers
Donald Perkins
James Case
.
4/.~Vn- r~·>L--
James D. St. Clair
William F. Lee
Special Counsel to
the State of Maine
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National Congress of American Indians Records
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Letter from Maine Attorney General Richard Cohen to Cecil Andrus, Secretary of Interior, after the hearings before the Senate Select Committee on Indian Affairs (Re: Bill S. 2829) (07/21/1980)
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7/21/1980
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National Congress of American Indians Records
National Congress of American Indians records, Box 532, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “Maine Land Settlement Legislation [2 of 2]”; National Museum of the American Indian Archive Center, Smithsonian Institution
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
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Attorney General Richard Cohen
Barbara N. Coen
Cecil Andrus
Donald Perkins
James D. St. Clair
Peter S. Taylor
Reid Peyton Chambers
Thomas Tureen
Tim Vollmann
Timothy Woodcock
William F. Lee
-
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dea184812fcf7ea3edd1140862135b92
PDF Text
Text
LAW OFFICES
SONOSKY, CHAMBERS
&
SACHSE
2030 M STREET, N. W.
WASHINGTON, D. C. 20036
MARVIN .J. SONOSKY
TELEPHONE
(202) 331-7780
HARRY R. SACHSE
REID PEYTON CHAMBERS
WILLIAM R. PERRY
July 18, 1980
Thomas N. Tureen Esq.
Native American Rights Fund
178 Middle Street
Portland Maine 04101
I
I
Dear Tom:
The following is a draft for Sections 5, Y, and 6(d)- (h).
Please
give me a call Monday so that we can reach agreement. If we agree 1 feel
free to share it with the State at your meeting on Tuesday. I have drafted a
new Section 6 (h) omitting the last sentence in the State's draft. The last
sentence of 6(h) is covered by 6(a) - which confers full State jurisdiction
except as otherwise provided in Section 6 as I see it. If I misunderstand
the issue I am willing to accommodate in some other way. But lands beneficia lly held by the Band in Indian terri tory are - to a limited extent as
provided in Section 6(b) - exempt from State jurisdiction.
In Section 5 (d) , beginning line 1, p. 13
I
strike the rest of the section
and provide:
"The Secretary is authorized and directed to
expend, with the consent of the affected Tribe I
Nation or Band, the principal and any income
accruing to the respective portions of the Land
�Thomas N. Tureen
July 18 1980
Page Two
I
Esq •
I
Acquisition Fund for the purpose of acquiring
land for the Passamaquoddy Tribe, the Penobscot
Nation 1 and the Houlton Band of Maliseet Indians.
Land acquired within the Passamaquoddy Indian
Territory and Penobscot Indian Territory shall be
held in trust by the United States in trust for the
i
respective Tribe or Nation 1 provided that land
acquired for the Houlton Band of Maliseet Indians
within such Indian Territories shall be held by the
respective Tribe or Nation in trust for the Houlton
Band of Maliseet Indians. Land outside the boundaries of Indian Territory as defined in the Maine
Implementing Act or subsequent State legislation
shall be held in fee simple by the respective
Tribe 1 Nation or Band I and the United States shall
have no further trust responsibility with respect
thereto; provided however that should the Houlton
Band of Maliseet Indians at any time cease to hold
fee title to any such lands acquired for it under
this Act
I
title to such lands shall automatically
revert 1 one-half to the Passamaquoddy Tribe and
one-half to the Penobscot Nation. Except for the
�Thomas N. Tureen
July 18 1980
Page Three
I
Esq.
I
provisions of this section 1 the United States shall
have no other authority to acquire lands in trust
for the benefit of Indians or Indian tribes in the
State of Maine."
Section Y(a)
The Passamaquoddy Tribe, Penobscot Nation
or Houlton Band of Maliseet Indians rna y elect to
adopt the provisions of the Act of June 18, 1934 1 25
U.S. C. 461 et
~·
1
provided that such election shall
in no way diminish or affect the civil, criminal or
regulatory jurisdiction of the State of Maine as provided in this Act and the Maine Implementing Act.
(b)
If the Passamaquoddy Tribe I Penobscot Nation
or Houlton Band of Maliseet Indians elects not to adopt
the provisions of the Act of June 18 I 1934 I 25 U.S. C.
4611 said Tribe 1 Nation or Band may organize for their
common welfare, and adopt a written constitution to
govern the affairs of the Tribe I Nation or Band when it
�Thomas N. Tureen
July 18 1980
Page Four
1
Esq.
I
is acting in its governmental capacity. Such constitution and any amendments thereto must be consistent
with the terms of this Act and the Maine Implementing
Act and shall be filed with the Secretary of the Interior.
(c)
Any business corporation created by the
Passamaquoddy Tribe
I
Penobscot Nation or the Houlton
1
Band of Maliseet Indians for the purpose of conducting
part or all of the proprietary affairs of such tribe
1
nation, or band shall not constitute a corporation within
the meaning of Section 11 of the Internal Revenue Code
of 1954 I as amended I for purposes of federal taxation 1
provided
I
however that any business c"orporation created
I
by the Passamaquoddy Tribe
I
Penobscot Nation or Houlton
Band of Maliseet Indians or any member thereof shall be
subject to the laws of the State of Maine.
Section 6 (h) "The consent of the United States is hereby given
to the State of Maine to enact appropriate legislation
implementing any agreement with the Houlton Band of
Maliseet Indians relating to ( 1) the enforcement or
�Thomas N. Tureen 1 Esq.
July 181 1980
Page Five
application of civil, criminal or regulatory laws of
the State over lands owned by the Band: (2) allocation
or determination of governmental responsibility of the
State and the Band over specified subject matters or
specified geographical areas
I
or bc;>th 1 including
provision for concurrent jurisdiction between the State
and the Band; or (3) the allocation of jurisdiction
between tribal courts and State courts ...
I have re-read the Act 1 and all agreed-upon technical clarifications 1
and think a few (I hope minor) modifications are needed to incorporate the
11
trust-on-a -trust .. concept:
1.
Add the words "as provided herein" at the end of Section 2 (b) (4)
1
since to a very limited extent lands of the Houlton Band will be exempt from
State civil and tax laws.
2.
In new Section 5 (e) (3)
I
Vollmann draft 7/10
I
Band of Maliseet Indians" in the preamble: and strike (vi)
11
strike "the Houlton
1
and add after (v):
The consent of the Passamaquoddy Tribe or
Penobscot Nation shall be required for the transfers
authorized in this section of any lands held in trust
�Thomas N. Tureen, Esq.
July 18, 1980
Page Six
for the benefit of the said Tribe or Naticn,except that
only the consent of the Houlton Band of Maliseet
Indians shall be required for any transfer authorized
in this section of any lands to which said Band holds
any beneficial title."
3.
In Section 6(b), on page 16, lines 11 and 12, strike "subsection
(d)" and add "subsections (d) and (h)"
I
to cover the new 6 (h) attached.
If we adopt the "trust-on-a-trust concept", the pertinent committee
reports should state something like the following:
Lands to be acquired for the
Houlton Band of Maliseet Indians
After the negotiations toward settlement had substantially
solidified into a concrete proposal of $2 7 million and 300 I 000
acres I the Houlton Band of Maliseet Indians formally asserted
an aboriginal land claim in northern Maine. The Passamaquoddy
Tribe and Penobscot Nation decided to contribute 1. 6 7 percent
of the land acquisition fund to acquire lands for the Band. Also,
the United States
I
the State and the tribes agreed that the Band
should be recognized as an Indian tribe by Congress, and hereafter entitled to all federal services and benefits because of its
status as an Indian tribe.
�Thomas N. Tureen
July 18 1980
Page Seven
Esq.
I
I
The two tribes and the State had already identified lands
to be included within the Passamaquoddy and Penobscot Indian
Territories
and their settlement arrangement had been that lands
1
outside these Indian Territories would not be held in trust or
subject to restrictions on alienation.
The Maine Implementing
Act was passed by the State legislature so providing shortly
after the tribes and State became aware of the Maliseet claim.
So that lands could be acquired in trust for the benefit of the
Houlton Band
I
it was decided to provide in Section 5 (d) of the
federal bill that lands could be acquired within the Passamaquoddy
Indian Territory and Penobscot Indian Territory and held in
trust for the Passamaquoddy Tribe and Penobscot Nation by
the United States
1
with the respective Tribe or Nation in turn
holding the lands in trust for the Houlton Band. Thus
1
lands
so held within the Indian Territory of either the Tribe or Nation
will be restricted against alienation and not subject to State
real or personal property taxes. However I payments in lieu
of taxes will be made under Section 6208 of the Maine Implementing Act
I
and all other provisions of that Act affecting
Indian Territory will pertain to these lands.
(The Committee
understands that the State and the Tribes agree that lands
�Thomas N. 'fureenl Esq.
July 18 1 1980
Page Eight
within the Passamaquoddy Indian Territory and Penobscot
Indian Territory held in trust by those tribes for the Houlton
Band are not considered "lands held in common with any
other person or entity" under Section 6205 of the Maine
Implementing Act.)
Since the Indian Territory of the Passamaquoddy Tribe
and Penobscot Nation had been identified in the State legislation with the needs of those two tribes in mind 1 no land in
eastern Aroostook County had been included in either Indian
Territory. This created a particular problem in acquiring lands
for the Houlton Band
I
since the vast majority of Band members
live in the vicinity of Houlton, Maine. Also
I
since - unlike
the Passamaquoddy Tribe and Penobscot Nation -the Band has
no State reservation I it has greater need for lands near where
its members live. However, time did not permit legislative
adjustment to this problem.
The acquisition of lands for the Band within the
existing Indian Territories is hoped by the State and the Band
to be a temporary expedient fer this problem. The Committee
�Thomas N. Tureen
July 18 1 1980
Page Nine
I
Esq.
--
understands that responsible leaders of the State intend to
work with the Band to locate suitable lands close to their
homes in eastern Aroostook County for ultimate acquisition
in trust for the Band, and that the State and the Band will
use their best efforts to have those lands identified,
included within Indl.an Territory, and acquired. New State
legislation must be enacted to accomplish this. Lands
within existing Indian Territory can be exchanged pursuant
to Section 5 (e) (3) of the bill when this is done. And under
,
Section 6 (h) of the bill, the State and the Band are afforded
latitude to adjust jurisdictional relationships by agreement.
Lands within the Indian Territories may be held in
trust indefinitely for the Houlton Band. However, since the
lands to be acquired for the Band were contributed to the
settlement package by the other two tribes agreeing to a
reduction, if for any rea son the Houlton Band does cease to
hold title to any lands acquired for it under the Act, full title,
fee or equitable as the case rna y be , to them would be held
by its trustee, the Passamaquoddy Tribe or Penobscot Nation.
�.'
'
'
.
Thomas N. Tureen Esq.
July 18 1 1980
Page Ten
I
Otherwise I neither the Passamaquoddy Tribe nor the
Penobscot Nation will exercise any active trust responsibility
for these lands as long as they are beneficially owned by the
Houlton Band. While formal governmental authority over the
lands will be held by the Passamaquoddy Tribe and Penobscot
Nation I the Tribe and Nation have irrevocably agreed that any
legislative ordinance or other governmental action by the
Houlton Band relative to those lands shall without further
action become automatically the action of the respective Trib_e
or Nation that serves as trustee for the lands in question.
Please telephone me when you have reviewed these suggestions.
Best personal regards
I
Sincerely
I
Reid Peyton Chambers
RPC/bcm
�
Dublin Core
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Title
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National Congress of American Indians Records
Description
An account of the resource
Documents from the National Congress of American Indians Records have been provided by t by the National Museum of the American Indian Archive Center. Additional information about the collection can be accessed on their <a href="http://www.nmai.si.edu/explore/collections/archive/" target="_blank">web page</a>.
Text
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Dublin Core
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Identifier
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NMAI004
Title
A name given to the resource
Letter from Reid Peyton Chambers (Attorney for the Houlton Band of Maliseet Indians) to Thomas Tureen (NARF Attorney for the Passamaquoddy Tribe and the Penobscot Nation), proposing a draft of some of the provisions for the Maine Indian Claims Settlement Bill (07/18/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
7/18/1980
Source
A related resource from which the described resource is derived
National Congress of American Indians Records
National Congress of American Indians records, Box 532, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “Maine Land Settlement Legislation [2 of 2]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
A language of the resource
English
Description
An account of the resource
Discusses the jurisdictional arrangement under Section 6(h) (now known as 25 U.S.C. 1725(e)), but focusing on the Maliseets.
Type
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Text
Documents
Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the National Museum of the American Indian Archive Center. Prior permission is required for any commercial use.
Jurisdiction
Maliseet
Reid Peyton Chambers
Thomas Tureen
-
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PDF Text
Text
�Page 2
impression that this alternate approach as suggested by
Mr. Tureen also met with your clients' approval and that
you would prepare a proposal to that end.
The amendments proposed in your letter are inconsistent
with my recollection of our discussion and are unacceptable.
We would, however, be willing to consider the addition of a
new subsection 6(h) to the proposed federal legislation
to read as follows:
"(h)
Notwithstanding the provisions of
subsection 6(a), the State of Maine and
the Houlton Band of Maliseet Indians are
authorized to execute agreements regarding the jurisdiction of the State of Maine
over lands held in trust for the Houlton
Band .
Unless and until such agreement is
made the Houlton Band , its members and
any lands owned by or held in trust for
the Band or its members shall be subject
to the laws of the State of Maine to the
extent provided i n sub section 6 (a ) . "
An y o t her more specific l a n guage would b e u naccept abl e
to u s .
a
I assu me you wi l l be in touch with me after you have h ad
chance to consider this proposal.
Sin cere l y ,
/r~eL
RICHARDS. COHEN
At t orn ey Gen e r a l
RS C:mfe
cc:
Thomas Tureen
�
Dublin Core
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Title
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National Archives and Records Administration
Description
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The following government documents have been provided by the National Archives, Washington, DC.
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
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NARA010
Title
A name given to the resource
Letter from Maine Attorney General Richard Cohen to Reid Peyton Chambers (Attorney for Houlton Band of Maliseet Indians), discussing the provision that later became Section 1725(e) of the Indian Claims Settlement Act (04/29/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
4/29/1980
Source
A related resource from which the described resource is derived
NARA
Senate Select Committee on Indian Affairs, Bill Files- Second Session, S. 2623- S.3222, Box. 12, Folder “S.2829”; 96th Congress; Records of the U.S. Senate, RG 46; National Archives, Washington, DC.
Language
A language of the resource
English
Description
An account of the resource
Discusses proposed language for Section 6(h) (now 1725(e)) and other settlement terms affecting the Maliseets.
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Public Domain
Application of State Law
Attorney General Richard Cohen
Jurisdiction
Maliseet
Reid Peyton Chambers