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MARKUP SESSION
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SEP 19
H. R. 7919, TO PROVIDE FOR THE SETTLEMENT OF
LAN~ C~MS
m
OF INDIANS, INDIAN NATIONS AND TRIBES AND BANDS ~F
INDIANS IN THE STATE OF MAINE, INCLUDING THE PAS@~
QUODDY TRIBE, THE PENOBSCOT NATION, AND THE HO~O~
BAND OF MALISEET INDIANS, AND FOR OTHER PURPOSES
~
(MAINE INDIAN CLAI11S SETTLEMENT ACT OF 1980.)
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WEDNESDAY, SEPTEMBER 17, 1980
~
Committee on I nterior and Insular
-
Affairs,
Washington, D. C.
-~11
The committee met, pursuant to other business, at 10:07
12
a.m., in room 1324,
Lo~gworth
House Office Building, Hon.
13
Morris K. Udall (chairman of the committee) presiding.
14
The Chairman.
The next order of business is H.R. 7919, by l
15
Mr.Emery and others, to provide for the settlement of land
16
claims of Indians, Indian nations and tribes and bands of
17
Indians in the State of Maine, including the Passamaquoddy
18
Tribe, the Penobscot Nation, the Houlton Band of Maliseet
19
I
. Indians, and. for other purposes (Maine Indian Claims Settlement \
20
I
Act of 1980).
21
The
r
f~ll
committee held a hearing on August 25th.
Copies
22
of the bill and accompanying material are before each member.
23
(H~R,
24
25
'l
7919 and related documents follow.)
******~*** lnse~t - **~*******
�.Reproduced at the N'a tionnl Archi \'cs
2
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2
3
The Chairman.
Let me ask. Mr.Ducheneaux, the staff expert ,
for a quick summary of the legislation.
Mr. Kazen suggests that the folks with the cameras turn
4
the lights off . until such time as the cameras are being used.
s
As soon as you are finished, cut them off, please.
6
Mr. Ducheneaux?
7
Mr. Ducheneaux.
Mr. Chairman, H.R. 7919 provides for a
8
congressional ratification .and implementation of a settlement
9
agreement reached by the State of Maine and other parties for
10
the settli~g of the land claims of the three Indian tribes in
11
the State of Maine
12
.
~gainst
.
landowners in that state.
The claims arose out of the Nonintercourse Act, which
13
provides that no transfer o£ land from an Indian tribe will be
14
valid. unless it is ratified or sanctioned by the United States. :
15
In the ·past, . various land transactions among the tribes
16
and the States .o f
17
~1as ·s.achus.etts
this Act . .
18
and Maine were in violation of
The agreement was reached by the State of Maine, the three
1911 tribes involved, and the major landowners.
2011
1
of the Administration.
It has the support
It provides, very briefly, that the
21 II tribes \Jill agree to waive all their claims to the land in the
\
r
2211 State of. Maine in return for a monetary settlement, and it
23
24
be approp.r iated for a trust fund for the use of the three tribe
25
"l
provides that $81 million will be appropriated, $27 million to
and approximately $54 million to be used for 'the acquisition
�Reproduced nt the Nntiunnl Archi\•es
3
1
of additional land for the tribes, and it also provides that
2
the United States will extend Federal recognition to the three
3
tribes, based upon the agreement and upon a state statute en-
4
acted by the State of Maine, establishing a relationship betwee
5
the tribes and the United States.
6
That, very briefly, Mr.Chairman, is the outline of the
7
bill.
13 II in the ·state of Maine.
It is possible they have some trust
14
responsibility to the tribes
15
~esponsibility
involved~but
they have no legal
to the landowners themselves.
. Howe:ve:r 1 the 'landa we;re .acquired in violation of Federal
16
17
law, the. United States was aware that the lands were being
18
ac.quired ~
19
States has same moral
20
elimi. ate the ·p:rool·ems with title.·
n
M:r:. Kazen. .
2111
r-
and the
lando~vners
Well~
are of the opinion that the United
obl~gation
to eliminate these claims, and
is it _goi~g to cost -the United States
22 11 Government any -money, and how much?
~,
23
~
Mr. Chairman, it is going to cost the
Federal Government .. if this bill is passed, $81 million.
24
25
Ducheneaux.
11
.
I
1
The Chair.man .. This bill, and l regret the hasty manner
�Rcp1·oduccd nt the Nntionnl Archi \'cs
4
1
in which it is taken up but, again, we .are facing a deadline.
2ll
This bill represents a series of one of a half dozen or so
311
along the Eastern Coast, where the real villian has been the
4
state or someone else, and not the Federal Government.
s
we move along with these things, there could be paralysis in
6
Maine, and we have a situation in Hassachusetts that we worked
7
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out some time ago.
8
9
Unless
I favor the legislation, and the White House and the
Administration strongly favor it.
The Interior Department has
10
some amendments, but . generally they favor it.
11
asked by Senator Mitchell of Maine to tell the committee that
12
he
13
that the 'b ill will pass.
' stro~gly
supports it.
I have been
I
11r, 11arriott.
Would the gentleman yield?
15
The Chairman.
Y~s.
16
~r. ~arriott.
I was one who sat in on the hearings and
17
listen. d to both side$ of the issue, and I can see the concerns
e
18
of the . gentleman. from Texas.
.I f I could give five simple reasons why I think it is a
19
.o~ght
20
good hill and why we
21
all, the major parties to the ·claim have studied it over the
22
last couple of
23
is sametbi~g that .should be. done.
24
yes·terday ..
25
":t
I
I hope we can move along with it, and !
1.4
,rw
I
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all
~g.ree
years~
to spend the $81 million:
First of
and are all agreed it is a good bill, and
The Senate passe~ their .bill
The tribes,. the landowners and the Administration
that it is .s-omething that should be' done.
�Rc1n·oduced nt t·hc National Al'chh•es
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.Second~
enactment .o;f the $.ettlement would remove a cloud
2
;f· om .o ver the ·title to 12 million .ac.r es of land in Maine, and
r
3
I thi.nk. fur.the;t economic and social disruptions will occur,
4
and .if we. do not ao
5
and I think the $81 million is a · small price to pay when you
6
look at the alternatives.
7
it . here, ~ we
are _going to wind up in court,
The $81,5 million is far less than the cost of litigation.
8
Some estimate that it would cost somewhere between $1 billion
9
and $2 billion if this thing_got out of hand and went to court.
10
The settlement. gives the impoverished tribes a genuine oppor-
11
tunity to .become
12
;funds to develop their potential.
se.l;f~sustaining,
.
self-governing entities, and
.
.
13
What the money does, $81.5 million, the amount of money
14
inyo.lvedf i,s that .it provides $54 . 5 million of that to actually l
15
purchase. 300·, 000 acreS £or the tribes, and $27 million goes intt
16
a trust . .;fund tha:t .the tribes. can only use the income or interest
17
;from,
18
I
Final.l y ~ .the. United .States does in fact have at least a
l
I
19
moral obligation to t'acilitate 'this and participate in the
20
negotiated s.ettlenient because of their · failure to enforce the
21
-.
Nonintercourse. Act.
22
. The· state of Maine has already expended approximately
23 II :million. .;for these 'Indians in. various ·s.o cial programs.
24
$20
So it
II s.eems to me as I look the whole situation over . even ·. though"'.the
25 II $81 million . others· me ·to some extent, I think it is a wise and
b
':t
I
I
�Rcp r.oduccd at the Nntionnl At·chi \'CS
6
,..._
1
prudent thing. for us to put this one out of the way and get it
2
settled, and I think it will in the long run save everybody,
3
including the Federal .Government, a lot of time and money.
I
4
5
611
would urge that the committee favorably pass out the
bill.
The Chairman.
We had a bill earlier in the session in-
7
volving a similar claim in New York State, and a tenuous agree-
8
ment has been put together involving Federal lands and state
9
lands, and a little money.
We lost it on the floor under un-
10
;fo)::'tunate.
11
and perhaps . giye ·us a sensib.le pattern to apply to some of the
12
I think we
oth~r dis~ut~s
ci.rcumstanc~· s.
o~ght
to move on this one
as they come. down .the road.
13
11r, Clausen..
14
.The ·.chai:r:man .. . .The. ·. gentleman. from California.
15
Jtt;r • .Claus~ri"
16
. ;('~u ')llade
Would .t he . .gentleman yield?
J: want to ask a question of counsel.
.~ .efe.:rence
'in. y.ou:r. comments to the fact that the
17
Indians had
18
be. finalized, in .e .ffect,
19
that in
20
effect presented to .the cbmmit.t ee?
21
,,-
!
wa~ved
wr~ting?
any. ;further claims,
the legislative process.
Is
. Has there been a written statement to that
Ducherieaux~
·M)::'.
thr.o~gh
if this agreement can
~r.Chair.man, .
Do we have that?
first of all, the three
22
23
so they a:re
24
against ·the .State .of
.
25
~
tribes· are parties to this agreement which would be implemented,,
Mr.Clausen,
~g:r.eei~g
to the. eXtinguishment of all their claims
~1aine.
,.
That is part o£ the written agreement?
�Rcprolluccd•nt the Nntional A1'chh•es
7
1 II
Mr. Ducheneaux.
It is part of the agreement, and it is
211 embodied in the bill itself, that before the agreement can be
311 implemented and ratified, before they get any of the benefits,
4
they must agree to a written statement extinguishing their
5
claims.
611
1-1r. 1-1arriott.
711
Mr. Clausen.
811
Mr. Marriot.t.
Would the gentleman yield?
Yes.
I
I think the point needs to be made that the\
9 II Indi.ans • claim represents about two-thirds of the State of
10 il Maine.·
We are talking about almost the whole state.
It seems
11 II like th.is is a good tradeoff for the State of Maine.
.
12
11
.
I
Th.e Chairman.. · :We. have 'this. paralysis in Martha's Vineyard I
...
13 II whe:re ·land titles are unde:r a cl. ud.
o
14 II
'M:r: ~ Clausen.
1
Everybody is paralyzed.
l am inclined to concur with the statements
15 II· of .the .C hair as well as :ou:r. fr.iend from Utah.
16
11 . s·tandi~g~·
It is my under-
also, .that the 'Senate 'Select Committee
.
.
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I under-
1711 stand .they have passed a version of the bill, and it might be
1811 in orde·t . ;f;or us ·to expedi.te to give consideration to the
19
11
.offering .o f the Senate. .version as a part of our proceedings
20 11 here~
. The
21
-.,
. f that is in order, Mr. Chairman.
i
Chai·rman~~
Well, I .sus.p ect the most expeditious thing
to do would be to pass the amendment Mr. Marriott added, and
22
23 11 theri we will have most of the differences gone over.
Without objection, the ·reading of the bill is dispensed
24 11
25
~
11
with.
�R cp•·oduccd at the Nntionnl A•'chi \' cs
8
l II
The Chair recognizes the
2 II
Mr. Marriott.
gentlema~
from Utah.
Mr. Chairman, I have an amendment which is
311 in the nature of a substitute . . It basically is the very same
4 II
bill that the House passed out of 0ur connnittee -·- we have not
511
passed it yet, but the bill we 'discussed in committee-- and it
611 has a few technical amendments.
It is now the proposal that
711 ·has been agreed to by all parties.
I would simply ask, to
811 summarize, that we incorporate the Senate language.
911
The Chairman.
Is this the Senate language?
1011
·Mr. Marriott,
I ask unanimous consent that this bill be
11 II conside;r. d as .read""
e
12
11
13 II
14
11
.
The Cha.ir.man"
natu~e
Wi.tho.ut
.objection~
·o;e a .s ub.sti.t ute ·w ill be considered as read.
.(Text
15 II· of.fered
~y
ot the amendment in the nature of a substitute
'M:r. Mar;riot .follows .. )
1611· ~~~*~**fr~* Inse~t-*fr~~~**~**
17
18
19
20
21
-
22
23
24
25
':!:
the amendment in the
�Rcp•·otluccd
11t
Ihe Nnlionnl Archi\•cs
9
1
The Chairman.
211
~
Mr. Kazen.
311 now.
Is there further question?
Mr. Chairman, I just want to get this straight
This substitute is the Senate language?
4 II
:H r. Harriott.
511
Mr. Kazen.
6 II
Yes, this is the Senate language.
Mr .. Marriott.
And this is the latest on the agreement?
Yes.
It is basically the general provis-
711 ions that tve worked on in committee, in the full committee,
8
plus those where the disputes have now been worked out in the
9
Senate
10
11
1211
we
l~gu~ge;
and this now satisfies all parties as far as
unde~stand.
~X~
whil~
Kazen . . And the. explanation .t hat the gentleman gave a
·ago P.J?]?lies to this .substitute?
13 II
'Mr ~
'Mf3.rxio~t.
14 II
'J1;(,
·Ka.z~n ..
1511
11r. Clausen..
.It.
do~· s· !
.· Thank you ..
.J:;f .the . .gentleman would yield, it is my under
16
.s·tanding .that. bo.th the majority and minority staff have very
17
·caretully
18
.the object.t -ves .o.f .the. ·. co~itt.ee :as we. dis.c ussed it.
.~aluated
this substitute and find it concurs with
I
19
M;r" Marr:Lott .. . And .it ;i.s my. understanding, Mr. Ducheneaux,
j
I
20
21
r
that .that is. ·corr.ect.
I
The Chairman . . The question occurs on the Marriott sub-
2211 stitute. · All in :f;avor say uaye. ••
.aye~s ..-)
23
(Chorus o;f
24
The Chairman .. .· Those opposed say uno."
25
":C
I
(No response . )
�l~cptoduccd n~ Ihe Nnt·ionnl A•:chh•es
10
1
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The Chairman.
The ayes have it.
The substitute is agreed
211 to.
311
The question now .is on the bill as amended .by the sub-
411 stitute.
Those in favor will say "aye."
S II
(Chorus of ayes.)
611
The Chairman.
7 II
(No response.)
a II
9 II
Those opposed, say "no."
. The .Chai.;onan.. . The
.a res. ha.V:~ ·i;t.
'l1r, }fa,r:r:Lot t ~ . .do you wish ·to :make a motion to
.
repor.t the
10 II bill?
11
11
121
13
14
I
Mr.
~1arr:Lo.~· t..
:Hr.
Chairman~
J:. do make a motion .
. The .Cha,i:nnC\Il . .· .T he· ·quest:ion is. on reporting the bill as
·a mended ..
. .Tho.se in. ;e. .vor ·say ~·~·.aye ..~:
a
15
(Chorus .o£ .ayes·... )
16
!he
17
(No ·;t;"eSJ?On~e.. ·} ·
18
The. ·.chairman., . .The _ yes' have it, . The bill is reported,
a
19
20
21
22
23
24
25
"t
-~ha:·iX:man ..
·.· · hose: · ~ppo.s .ed ·s _ y uno. n
!
a
and the Chai.r will prepare the necessary report.
(Whereupon,· .at 10 ~ 20 a.m., the connnittee proceeded to the
conside;ration .o £ -8 .. . 2126.)
�RcJ)roduccd nt the 1Nationnl A1
:Ghh•es
United States Department of the Interior
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 2024Q
August 25, 1980
Honorable Morris K. Udall
Chairman, Commi. ttee on Interior
House of Representatives
Washir)jton, D.C. 20515
am
Insular Affait."'S
Dear Mr. Chairman:
This resp::>rds to your request for our views on H.R. 7919, a bill "ro provide
for the settleirent of lard clairrs of Indians, Indian nations and tribes and
barrls of Indians in the State of Maine, including the Passarncrquoddy Tribe,
the Penobscot Nation, and the Hoolton Baril of Nali.seet Indians, and for other
purp::>ses • n
We view the settlerrent of the Indian larrl claims in the State of Maine as one
of the no:;t iJ"!1l.X)rtant issues in Indian affairs facing Congress today. After
three arrl one.-half years of effort a legislative settlerrent prqx::>sal is before
the Congress, one whidl is sup:pJrted by the State, the Trires, and the major
laooowners in the State, and which has alrea:ly received the errlorserrent of the
State Legislature. That prqx:sal is predicated up:>n the authorization of the
apprcpriation by CofBress of $81.5 mi.lli on to can:y out its prooisions.
Because years of continuej litigation woold have a severe irnpc:lct on the r:ecple
of Maine - both Indian am non-Indian - arrl recause the settlerrent prq:osal
is based on the agreerrent of all relevant :pa.rties and shoold therefore provi~
a lastil'X] solution to the problem, we Cb not object to the Federal contribution
oonterrplated by the bill. Havever, we have raised a series of questions regarding
a rumber of the prooisions of the bill, es~cially insofar as it pr<Nides for
the role of the Federal Goverrurent as trustee for the Maine Tribes. We have
met on several occasion:; with officials of t.~e State arrl 'l"'ribes, q.nd we fully
appreciate the efforts the parties have made to adrieve agreenent on rnany of
the irrportant pro.risions of the bill. We have worked with those officials to
redraft a ru~r of thooe provisions and have achieved a large rreasure of
agreerrent on sutsti tute language to clarify the cpvert111'Ental responsibilities
arrl jurisdictional relationships a:rrong the parties. It has not been oor intent
to alter in any way the agreerrent bebveen the State of Maine arrl the Passarraquoddy
Tribe and Penobscot Nation with respect to their nerw relationship. · We have
only sought to assist in makill3 that agreerrent canpletely workable. .
We have enclcsed a proposed arrerrlirent to H.R. 7919 in the nature of a sul:sti tute,
which we ~lieve would clarify the prC7v isions of the bill while Grlhering
closely to the intent and sul:stance of it. We disruss below the rrore significant
c:hafl:les which rur prcposal would nake in the larguage of H.R. 7919 as introduced.
Discussion anong the parties has not yet been concluded with res teet to one
provision of the bi 11, Section 6 {b). We have therefore roted .in the prcposed
anerrlrrent that the language of that section is to be supplied. We anticipate
concludi.fl:l the discussion of that provision shortly and will report to the
Canmi ttee on propcsed language for it as soon as possible.
7
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�Reproduced at lhe Nal·ional AJ't;hi\•cs
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We have 'provided in Section 3(2) of our prcpcsed aneoorrent for a definition
of "Iooian terri tocy", prinarily to aid in a readin:3 of revised Section 5 (d)
which has been redrafted to clarify hw title to lands aOJUired pursuant to
the terms of t~e Act shall l;:e held. lfile definition of "Indian territory"
tracks the defini tion..c; of "Passarn.:quoddy Indian Terri tory" and "Penobscot
Imian Terri tory" contained in the Haine Implerrenting Act, and is not intended
to be inronsistent with the use of these terns. It is iJ1lX)rtant to note that
the jurisdictional character of the lands described in Section 3(2)(C} will
not be altered unless they are actually a01Uired by the United States in
trust for the Passanaquoddy Tribe or the Penot:scot Nation pursuant to Section
S(d). We also note that "Indian territory" has been defined in a manner
which penni ts the I;arties to vary the boundaries of this area later by JtUtual
agreerrent •
One inportant concern arises in connection with these definitions. Lands
may only be included within Passarn.:quoddy or Penobscot Indian Terri tory
under Section 6205 of the Maine ImplerrentiOJ Act if they are acquired by the
United States on or before January 1, 1983. Designation of lands as Indian
terri tory is critical l:::ecause only lams so designated will be held in trust
by the United States, subject to Federal restrictions against alienation,
arrl within the limitoo g::>vernrrental authority of those Tribes. Lands aCXiUired
outside Indian territory, whicn cannot be so held, are nuch less likely to
provide a las ti 03 larrl l:ase for the Tribes. The date chcsen appears to have
been based on the assurrption that larrl acx::Iuisi tion woold begin early in
1981, thus givirg the Secretary am the Tribes nearly two years within which
to a(tJUire lands within Indian terri tory. It nON appears that ho.vever quickly
H.R. 7919 is enacted, it may be difficult to a~re the contemplated acreage
within the tirre limi. t ·.
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Initially, we re~rrled to State officials that the Maine Inpl~nting Act
be arrended to address this concern by providing for a nore realistic date
for cuttirg off the ~creation of Indian terri tory. They responded that such
a concern is premature, and that the Legislature woold therefore be unv1illing
to arrerrl the Act at t;his tirre. Nevertheless, we have been assured by State
Attorney General Ridlard s. Cohen that if the appropriation of the necessary
st.nrs is delayed so , hat the oontemplated larrl acquisition could not te effected
t
by January 1, 1983, h e wruld :t;ersonally be willing to recCl'tliTEnd to the State
Legislature that the Implerrenting Act te arreooed to prO\Ti.de for an adequate
extension of tine. · At any rate, we note that Congress has plenary paYer to
rem:rly this concern if larrl aa:;Iui si tion is delayed for reasons beyorrl the
control of the Tribes, and the State Legislature does not provide for an
extersion of the tine lirni t. The Administration will seek an apprcpriation
of $81.5 million il)_jfiscal year 1981, uf:On enactrrent of an appropriate settletrent.
· ·
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�Repl"oduced at l'lte National At·chi,•cs
-3The most inp:>rtant provision in H.R. 7919 is clearly Section 4, which provides
for the final extinguishrrent of all Indian larrl claims in the State of Haine.
we have revised Section 4 (a) (1) of H.R. 7919 only to add a proviso which would
make it clear that nothing in the section shoold be construed to affect an
ordinary land title claim of an irrlividual Indian within the State. Without
the proviso the section, read literally, wruld extinguish the title claim of
an Indian tnmeowner in the State whose claim is based on a Federal law generally
designed to protect non-Indians as well as Indians, such as laws govetning
Federal home loans.
The effect of this provision of H.R. 7919 woold t:e that all Indian lam claims
in Maine arising under Federal la\'1 will be extinguished on tl-}e date of tl1e
enactrrent of the Act. However, the Tribes have expressed the concern that
there is no guarantee that they will receive the consideration authorized in
the bill for their agreerrent to give up their clairns. They have therefore
advocated that the bill be arrended to condition extinguishnent of the clairrs
under Section 4 on the apprcpriation of $81.5 million by Congress. Another
Indian land claim settlerrent bill in this Congress, H.R. 6631 concerning the
cayuga laoo claim in New York State, was arrerrled by the Canmi ttee to provide
for sudt a conditional arrendrrent. The State of Maine, on the other hand,
desires imrredi.ate extitBuishnent of the larrl claims in order to clear titles
in the State as soon as poosible. State officials note that the aboriginal
title clairrs of Alaska Natives were extiiBuished on the date of enactrrent of
the Alaska Native Claims Settlerrent Act (43 u.s.c. § 1601 et ~· ). vle think
it is clear that CofBress does have plenary p:1Her to extinguish clairrs of
aboriginal Indian title. Tee-Hit-Ton Indians v. United States, 348 u.s. 272
(1955). Nevertheless, we appreciate the Tribes' ooncem, am we would therefore
not be q:>pcsed to an arre:rrlnent which woo1d condition extinguishrrent on the
makin:j of the necessary appropriations. We wish to note, however, that under
Public Law 96-217 the statute of limi. tations at 28 U.s .c. § 2415 is new due
to run on Decerrber 31, 1982. 'Ihus, a celay in apprcpriations beyorrl that date
may force the Tribes to file protective lawsuits.
Sectiom 4(a) (2) . arrl (3) of H.R. 7919 woold extirguish claims of Indian title
arising under State law. We think this is an inappropriate subject for Federal
legislation, and irrleed, the identical provisions appear in Section 6213 of
the State Inplerrenti ng Act. Nevertheless, we have agreed to include in our
prcpcsed anerrlment larguage in lieu of those two paragraphs which woold bar
the United States from asserting as trustee for the Indians past land clairrs
ari si OJ under State law •
..
�l~eproduced nt Ihe Nnl"ional An;hh•es
-4Section 5(a) of H.R. 7919 woold establish a $27 million settlerrent trust fund
for the benefit of the Passarraquoddy Tribe and the Penotscot Nation. We
have revised Section 5 {b) of H.R. 7919 to clarify the role of the Secretary
as the trustee charged with the res:pJnsibili ty of. administering this fund.
'lbe two Tribes and the Administration agreed in February 1978 that any sudl
trust ft.md should re a:lministered in accordance with an agreerrent between
the Secretary and each Tribe. The Tribes desire the q:>portuni ty for a rrore
liberal investrrent p:>licy than has historically been authorized for tribal
trust funds under the Act of June 24, 1938 (25 u.s.c. § 162a). We respect
that desire arrl are willing to penni t future investrrent of the trust fund
to be carried oot pursuant to an agreerrent between the Secreta:ry aoo eadl
Tribe, but we are concerned that the language of Section 5 (b) (1) of H.R. 7919
does not adequately protect the United States from unwarr~ted liability. The
prCNision contains the ra::JUirenent that the Secretary nust agree to "reasonable
teiJrlS" for investrrent within 30 days of subni.ssion ·of propa:;ed terrrs by the
Tribe. We believe that this is a difficult starrlard and an unworkable procedure.
In oor proposed anendrrent, we a:lq;>t an approach suggested in the 1977 Final
Report of the American Indian Policy Review Canmission. Under that approach
trust fuoos coold be utilized by- the Tribes for potentially nore profitable
irnrest:llents, but only after the Tribes s~cifically release the United States
fran liability in the event the chcsen investrrent results in a less.
A pro.riso in Section 5 (b) (3) of H.R. 7919 would require each Tribe to experd
annually the incare fran $1 million of its portion of the Settlerrent Ft.:nd
for the ~nefit of tribal nembers CNer the age of 60. We tmders~ that .
this was an important factor in discussions of the propa:;ed settlerrent
between the tribal negotiating camni ttees and the merrberships of the Tribes,
and we applaud their desire to provide special assistance to .the Tribes'
senior members. HCMever, we questioned whether such a provision should
appear in the bill since the Secretary has no resp:msibility under the
bill for any distribution of trust fund incaw:!, a p::>int which has ~eeen agreed
upon anong all the parties. Tribal officials have assured us that it is
the Tribes alone, not the Secretary, who wi 11 ~ resp:>nsible for the expenditure of trust fund incare for the benefit of tribal rrerrbers over 60. In
light of that understarrliTB, we do not object to the proVision remaining
in the bill.
Section 5{c) of H.R. 7919 woold establish a $54.5 million Land A~sition Fund.
'!be Tribes had insisted upon the aa:Jtlisi tion of 300,000 acres of average quality
Maine wcx::xllarrl as the integral · term of the settlerrent of their land claims.
Our appraisers have determined that $54.5 million is sufficient to aCXjUire
such woodland, but we believe the legislation should not be tied to any
given acreage figure, since woodland of vacying quality may becooe available
in the mat:ketplace at arrt given tine.
/,,
~
�Rcpr,oduccd at the Nat:ional Archh•es
-sOur prq_:>osed arrerrlment wruld rev1ord Section S(d) to clarify that the title to
l.an::ls ao::Juired in Indi~ terri tory shall be held by the United States in trust
for the Passar.aguoddy Tribe or Penomcot Nation. Lan.ls acquired for the Tribe
or Nation outside Indian terri to~y shall be held in fee sinple by the respective
Tribe or Nation. Our prq:xx;ed Section 5 (d) also contains an authorization for
the Secretary to take lands within Indian terri tory in trust after they have
· been iroepen::lently acquired by the Passarraquoddy Tribe or Penob3cot Nation.
This is necessary because the Trites conte.rnplate the aCXIUisi tion of lands
outside Indian terri tory \'tlich woold later b2 used for excharge purposes once
crldi tiona! lan::ls within Indian terri tory go on sale.
The title to larrls acquired for the benefit of the Houlton Barrl of Maliseet
Indians is also addressed bv this subsection. The Band desires to aa::JUire
larrls in eastern Arocstook Co..mty which woold t:.e held in trust for thera bj
the United States. Officials of the State of Maine, however, initially
objected to the acquisition of lams in trust status outside the bo..mdaries
of Passarna:JUoddy Indian Territory or Penobscot Indian Territory. We have
sought to acCCITUIOdate roth their concerns by redraftirg the sul::section to
autoorize the Secretary to ao:jtlire lands in trust for the Hoolton Barrl, but
only after obtainirg the concurrence of autlorized State officials to the
acx;rui.sition. We have provided furtlier that the Houlton Band woold be authorj zed
to enter into contracts with apprq:>riate goverrnent agencies for the provision
of services, similar to these we recanrrend bela-~ with res~ct to the Passa~cx:1dv
Tribe arrl the Penol::scot Nation. We e..x-pect that State am Ba.nJ officials will
work together in gcx:>d faith to identifY sui table lands for the Hoolton Barrl.
The revised suooect.ion also provides that notwi thstarrli ~ the prOJi sions of
the Act of August 1, 1888, and the Act of February 26, 1931 (40 U.s.c. §§
257, 258a), the Secretary nay acquire J.arrl under this section only if the
Secretary and the o.-mer of the land have agreed upon the identity of the
land to l:e sold am upon the purd1ase price and other tetmS of sale. The
cited provisions allcw Federal agencies to utilize corrlernnation procedures
arrl decJaratiors of taki I'B to acquire Jan:] for Federal purposes. Our prop::>sed
Section 5 (d) woold not bar the use of sudl procedures, rut woold ooly require
the corsent of the laooCMner to the terms of the takinJ. 'llri.s limitation
was r6:itJested by the laooo.mers who intend to sell lands to the Tribes, and
we have no objection to it.
Section 5 (e) of our prcposed arrerrlltent is new. We believe that no Federal
noney should be paid to the Tribes - either for the trust fund or for larrl
acquisition- until they each have stipulated to a final dismissal of their
claiitE. This subsection wruld condition the Secretacy 's authority to experrl
the two trust ftmds for the renefi t of the Passamaquoddy Trite, the Penobscot
Nation, and the Houlton Band of Maliseet Indians on a finding that authorized
officials of each of the Tribes have executed docurrents relin:JUishing all
their clairrs and have stipulated to a final judicial dismissal of their
'"l:
�RcJlroduccd at the Nntionnl An1
hivcs
.... . .
-6-
claims. Such relirquishr:ents and dismissals "'7j_ll insure that there can re no
future claim against the United States for the extinguishrrent of the Indian
claims effected rrt thip legislative settl~~nt.
;.
Our proposed subsection (f) of Section 5 is a clarification of Section S(e)
of H.R. 7919.
Subsection (f) provides thnt the Indian Nonintercourse Act
shall not be applicable in ~laine, but t_l-}at lands in Indian
terri tory or held in trust for the Houlton Barri of Maliseet Indians shall
nevertheless be subject to restrictions against alienation. Paragraph (3)
provides specific, though limited, authorizatior.s for the alienation of such
trust lands. These are consistent with the tenns of the proviso to Section
5(e)(2) of H.R. 7919, except that a specific authorization for rights-of-way,
with the oonsent of the affected Tribe, Nation, or Band, has been added to
pr0\7ide for rights-of-way wi t.~out resort to condemnation. The au thorizaticn
for exdlanges in prcpcsed Section 5(£) (3) (E) has b=en JTEde rrore flexible by
insetti~ language taken fran Section 206(b) of the Federal Land Policy and
Managerrent Act (43 u.s.c. § 1716). Without such flexibility such an exchange
authority may prove useless because it is often difficult to find exdlange
lands of precisely equal value. Finally, the authorization in H.R. 7919 for .
transfers of lard the . proceeds of which must be reinvested within two years
has been revised in propooed Section S(f) (3) (F) to reflect the Tribes' intent ··
that sales be authorized only if the Secretary has already made specific
arrangertEnts for the aCXIuisi tion of replacerrent land.
(25
u.s.c.
§ 177)
Section 5(f) of H.R. 7919 would require the Secretary to agree within 30 days to
•reasonable terns" for the nanagerrent and adrrd.nistration of land held in trust •
for the Passamaquoddy Tribe and Penol:::scot Nation. We relieve the procedures
ootlined in this subsection are unwieldy rut, rrore inportantly, existing Federal
laws arrl regulations provide adequate authority for the Tribes to manage their
cwn trust lands. \··le have therefore rewritten the provision, which ap,t.:ears as
section 5 (g) of rur pr~ed arrerdrrent, to restate existing law which woold
authorize the Secretary t.o enter into land rranagerrent agreerrents with either
Tribe .in accordance with Section 102 of the Indian Self-Determination Act {25
u.s.c. § 450f). We note that the contract declination procedures of that Act
and existing regulatio~ would be applicable to such agreements.
,.s-: ..
In our proposed arrendrrent we have added a new subsection (h) to provide for
corrlemnation of Passarraquoddy, Penobscot, and Houlton Barrl lands in accordance
with state law relating to such lands. This subsection is necessary because
Indian trust or restricted lands znay not be condemned under state law without
Congressional authorization. Congressional authorizations have generally
required that the condemnation be in Federal coort and that the United States
be a party. ~Je believe it would be urnvi.se to diverge from this practice.
Subsection (h) also st;:ecifies the disposition of the canpensation received.
"
:.;,i..'
�Reproduced nt the Nntionnl Archi\'es
-7The eli s~si tion s~c:i. fiEri eli ffers slightly fran Section 5 (g) of H.R. 7919 in
that it channels pro~eeds through the Land AQ:1uisi tion Fund rather than requiring
their reinves brent t.vi thin u.;o years. Since it is the Tribes who initiate land
purdlases under the scherre of the bill and since surrs in the Land ACXIuisi tion
Fund rray only be used for that purpose, the two year requirement is sur:erfluous
arrl confusing. Subsection (i) provides that the proceeds from the oondemriation
of trust or restricted Indian lards in Maine pursuant to any law of the United
States other than this Act shall likewise be reinvested through the Land A<XJuisi tion Fund.
Section 6(a) of H.R. 7919, and as revised in our pr~ed arrendrrent, is intended
to effectuate the broad assumption of jurisdiction over Indian lands by the
State of Maine. As noted above, we will be reporting to t.l-)e Ca:md.ttee on
Section 6(b) as soon as discussion on it is concluded.
Our prcposed arrerdlnent contains a new Section 6(c) to make absolutely clear
the intention of the parties that the Federal governrrent will not have
"Iooian country" type law enforcerrent jurisdiction on Indian lands in the
State of Maine. See State v. Dana, 404 A.2d 551 (Me. 1979) cert. denied
48 U.S.L.\'V. 3537 (February 19, 1980). Our prcposed Section 6(d) is merely
a restaterrent and clarification of the first sentence and proviso of Section
6(c) of H.R. 7919. No sutstantive change is intemed, except to clarify thut
the parties have agreed that the jurisdictional provisions of Section 1362
of Title 28, United States Code, shall apply to the three Tribes, notwith.standing the otherwise broad language of the provision.
The secorrl part of Section 6 (c) of H.R. 7919 would permi. t suits against the
Secretary by judgrrent creditors of the Passarncquoddy Tribe and Penobscot Nation
to force payrrent of the judgrrents oot of Settlerrent Fund incx::me. We believe
that such litigation woold be burdensc:rre and unnecessary. Our proposed Section
6(d)(2) woold provide irstead a procedure for aC!rrinistrative attachrrent of
future trust fund incorre by judgnent creeu tors of the o·.ro Tribes. Under that
provision the Secretary woold te requi. red to oonor valid court orders of rroney
judgrrents against either Tribe fran causes of action accruing after the date
of the enactrrent of the bi 11, by nekin:J an assignrrent to the judgrrent creditor·
of the right to receive future incorre from the Settlerrent Fund, notwi thstandin:J
the provisions of the Anti-Assigrurent Act (31 u.s.c. § 203}.
Under Section 6(d} of H.R. 7919 Congress woold consent in advance to any arrendrrent of the r·1aine Implerrenting Act as long as the Tribes agreed to any such
anendrrent. The breadth of this "consent" gave us cause for concern. We have
therefore included in our proposed Section 6 (e) ( 1), language taken fran
S. 1181 (96th Cong. ) which would authorize future jurisdictional agreerrents
between the State aoo either the Passarrequoddy Tribe or the Penotscot Nation
in the fonn of arrendrrents to the Inplerrenting Act. State and tribal officials
have agreed to this provision. Our proposed Section 6(e) (2} would authorize
similar agreenents with the Houlton Band of Maliseet Indians.
·
.,
�-8Section 6(f) of our prq:>ased arrendment is identical to Section 6(e) of H.R. 7919.
It authorizes the PassCiJ-na::ruoddy Tribe and Penobscot Nation to exercise juris- ~
diction, separate and distinct fran that of Haine, to ·the extent authorized·
· · :.:.\
by the Maine Irrplerrenting Act.. That Act in turn leaves the two Tribes with
exclusive autmri ty over their o.-m internal tribal affairs, certain rnisder:eanor
jurisdiction over tribal rrerrbers, small clairrs jurisdiction, and a significant
residuum of regulatory authority over their CMn lands. The two Tribes will
also be treated as municipalities under State law for purposes of jurisdiction over their larrls in Indian terri tory, which means that no other
nu.micipali ty, the main unit of local governrrent in Haine, may exercise any
auth::>ri ty over tribal affairs in those areas. Lands and personal property
in India11 terri tory may not b2 taxed; nor rray incOITe from the Settlerrent
Fund. The Tribes am their members shall for the most part be othel:Wi.se
subject to State taxes.
We note that Section 6208 (2) of the Naine IrnplerrEntin;J Act woold require the
Passarna:::.ruoddy Tribe and the Penobscot Nation to make paynents in lieu of: · taxes
for trust lams within Indian territory. Ne prefer that, instead of making
in-lieu payrrents, the Tribes rrerely negotiate oontracts with the counties
arrl other districts for the provision of services. Nevertheless, this is a
matter for tribal discretion, and Section 6 (e) of oor propcx:;ed arrerrlment
wculd allOwY for future jurisdictional agreerrents to accamroda.te our preference.
We object to the full faith an:l credit provision of Section 6(f) of H.R.
7919. In lieu of that provision the Tribes arrl State have offered language
which appears in oor proposed Section 6 (g). It states that the Passarncquoody
Tribe, the Penotscot Nation, arrl the State of Maine shall give full faith
arrl credit to the judicial proceedings of ead1 other. The parties coold
agree to this form of cani ty without the consent of Congress, but we have no
objection to its inclusion in the settlerrent legislation. There is, of
CCXJrse, no reason why the Tribes may not establish similar cani. ty with other
jurisdictions.
Section 6 (g) of H.R. 7919 prO\Tides that Federal laws of general applicability
to Indians, Indian tribes, and Indian lands shall not be applicable in Haine,
except that the Passarraquoddy Tribe, the Penobscot Nation, and the Houlton
Barrl of Maliseet Indians shall be eligible for all financial benefits for
which all other Federally reccgnized Indian tribes are eligible. We found
this provision troublesc::ue and confusing in that Federal financial benefits
to Irrli an tribes woold re divorced fran general Federal statutes applicable
to Indians. This was a subject of sore discussion with representatives
of the State arrl Tribes, arrl agreement was reached on the language of our
propcsed Section 6 (h). In short, · this woold provide that no Federal law or
regulation (1) which accords or relates to a sr;:ecial status or right of or
to a.rt:l Indian, Indian nation, tribe or barrl of Indians, Indian lands, Indian
;
...
-~/'
t;.
~~y
~~';+ -
.
r·
�Rlltll·otlucellnt the N ational A1 " es
·chi
\
-9reservations, Indian cnmtry, Indian territory, or land held in trust for
Indians, arrl also (2) which affects or preenpts the civil, criminal, or
regulatocy jurisdiction or laws of the State of r-laine, shall apply within
the State. This limitation would include such Federal laws, anorg others,
as the Indian trader statutes (25 U.S.C. §§ 261-264) ard the provision
of the Clean Air Act .A:rreoorrents of 1977 whidl ~:r::mits Indian tribes to
designate air quality standards (42 u.s.c. § 7474).
Section 6(g) of H.R. 7919 also states that the Passamcquoody Tribe, the Penobscot
Nation, and the Houlton Barrl of Maliseet Indians are Federally-reoognized
Indian tribes and that they shall re eligible for Federal financial prograrrs
on the sane l::e.sis as all other Federally-reco:Jnized Tribes. Since the bill
conterrplates significant a<X1Uisi tion of lands to be held in trust for the
Tribes, we read this provision to rrean that such trust lands should l:e treated
as Indian reservations for puq:>aJes of the provision of Federal Indi-an services.
we d9 not object to the provision, so intet:preted.
We have also included a proviso to this subsection which woold limit the reentership of the Houlton Barrl of Maliseet Indians, for purposes of the provision
of Federal services or benefits, to 1;ersons who are citizens of the United
States. This is similar to the lirni tation in Section 3 of Public Law 95-375
which recognized the Pascua Y~ Trite for purpa5es of the provision Of
Federal Indian services.
With the agreerrent of the parties we have included in oor prq?OSed arrerrlrrent
a new Section 7, \'lhi ch wc::uld clearly penni t the Tribes to organize for
their camron welfare am adopt oonstitutions or dlarters. While we have
been assured by attorneys for the State of Maine that the Passai'1Ja;Iucddy
Tribe arrl the Penol:scot Nation need not adopt charters under State law to
avail therrselves of the benefits of the status of rm.micipalities of the State,
we relieve it preferable to make clear that this option continues to exist
under Federal law. And, since these Tribes will be administering large land
holdi~s am valuable assets, the adq?tion of organic governing docui'1ents,
which ¥.Tould be filed with the Secretary, seerrs advisable.
Our prcposed Section 8 (f) woold make Section 102 of the Indian Child Welfare
Act of 1978 (25 u .S.C. § 1912) applicable to the Houlton Bam of Maliseet
Indians. Officials of the State of Maine consented to this provision arrl we
have no objection to it.
Section 8 (b) of H.R. 7919 prCNi.des that the eligibility for or receipt of paynents from the State of Maine· by the Passamcquoody Tribe and the Penobscot
Nation pursuant to the ~1aine Imple!Il:ntinj Act shall not be oonsidered by
Federal agencies in detenni.ning the eligibility of either Tribe for Federal
financial aid prCX]rams. To clarify this provision, which appears as Section
9(b) of our propc:Ged arrendrrent, we have added a proviso to the effect that
Federal agencies shall not be tarred by this section fran oonsidering the
actual financial situation of the Tribe.
..
":1
r
�Rcpl·olluccd :1t the Nntional A1·cl\h1
eS
-lQ-
Section 8 (c) of H.R. 7919 would prevent Federal agencies fran considering the
availability or distribution of funds pursuant to Section 5 of the bill for
purposes of denying Federal financial assistance to Indian households or to
the Passa.rncqucxkly Tribe or Penobscot Nation. We read this provision to
refer only to incane fran the Settle:rrent Fund to be established pursuant to
Section 5 (a), and e~ct that the two Tribes will otherwise be treated as a nyother tribe insofar as their incane fran other sources are concerned, including
incorre derived fran land or natural resources a01:ui red pursuant to the Act.
As read, the provision is liDObjectionable. It apr;.ears as Section 9 (c) of
our propa:;ed arrerrlrrent.
The Office of Management arrl Budget has crlvised that there is no objection to
the presentation of this report from the standpoint of the Adrrdnistration's
program.
Sincerely,
lotiv :
Enclooure
"l
~Ck-~
SECRE'TI\RY
�Rctu'ouuced nt the Nntionnl A1
;chi\•cs
Arnen:lrrent to H.R. 7919 in the
Nature of a Substitute
Strike cut all after the enactirg clause arx:1 insert in lieu thereof the
'folloong:
That this Act PlaY be ci. ted as the "Haine Indian Ciairrs Settlerrent
Act of 1980 ".
Cll'Kif?ESSION.Zili FINDINGS A.""'D DECLARATION OF POLICY
Sec. 2.
· (l)
(a) Congress hereby finds arrl declares that:
The Passanaquoddy Tribe, the Penobscot Nation, arrl the Maliseet
Tribe are asserting claims for pcssession of lands wi. thin the State of
Maine arrl for damages on the grounds that the lands in question were
originally transferred in violation of law, including the Trade and
Interca.n:"Se Act of 1790 (1 Stat. 137), or subsequent reenact:nEnts or
versions thereof.
(2)
The Indiars, Indian na_tiors, aro tribes and t:arrls of Indians,
other than the Passaina::iuoddy Tribe, the Penobscot Nation ancf the Hool ton
Barrl of Maliseet Indians, that once may have held aboriginal title to
larx:ls within the State of Maine long ago abarooned their aboriginal holdings.
(3)
The Penobscot Nation, as represented as of the. tine of passasge
of this Act by the Penobscot Nation's Governor and Council, is the sole
successor in interest to the aboriginal entity generally kno.vn as the
Penobscot Nation whi d1 years ago claimed ahoriginal title to certain lands
in the State of Maine.
~
�Rcproduced' nt I he Nntion:II JJ\rchi\•cs
-15taken, whidl shall be acx;:uired in trust.
'I'he larrl not a01uired in trust shall
be held in fee by the respective Tribe, Nation, or Barrl.
The Secretary shall
certify, in writing, to the Secretary of State of the State of Maine the
location, tnmdaries arrl status of the land acqui. red.
(3)
The United States shall be a p:;1rty to. any corrlerrnation action
under this sutsection ard exclusive jurisdiction shall b:! in the United
States District Court for the District of Maine:
Provided, That nothing in
this section shall affect the jurisdiction of the Maine Superior Court
provided for in Section 6205 (3) {A) of the Maine Irrplerrenting Act to review the
firrlirg of the Public Utility Canmission or a public entity of the State of
Maine.
(i)
Whe'1 tn.tst or restricted land or natural resources of the Passamaquoddy
Tribe, the Penobscot Nation or the Houlton Bam of Maliseet Indians are
corrlemned pursuant to any laW of the United States other than this Act, the
proceeds paid in cc:rnpensation for sucn con:lermation shall be depcsi ted an:]
reinvested in accordance with subsection (h) (2) of this section.
APPLICATIO--l OF STATE LAJVS
Sec. 6. (a} Except as othet-wise provided in subsections (d) a.OO (e)
of this section, all India'1S, Indian nations, tribes, and
~ds
of Indians
in the State of Maine, other than the Passamaquoddy Tribe and the Penol:scot
Nation and their rrembers, and any lands or natural resources amed by any
sudl Indian, Indian nation, tribe, or band of Indians arrl any lands or
natural resources held in trust by the United States, or by any other person
or entity, for any such Indian, Indian nation, tribe, or band of Indians
shall be subject to the civil arrl criminal jurisdiction of the ·State, the laws
'l
�RcJn·oduccd lit the Nationnl f\ ••chi\'cs
-16-
of the State, and to the civil and criminal jurisdiction of the caurts of t.'1e
State, to the same extent as any other person or land therein:
Provided, That
nothing in this section shall be construed as subjecting land or natural resources
held
1::¥
the United States in trust to taxation, encumbrance, or alienation.
(b)
[To be supplied .. ]
(c) The United States shall rnt. have any criminal jurisdiction in the State
of Maine under the Act of June 25, 1948 (62 Stat. 757), as arrended, or the Act
of July 12, 1960 (74 Stat. 469), as amended.
(d) (1)
The PassaJlla1uoddy Tribe, the Penobscot Nation, and the Houlton
Barrl of r1aliseet Indians, and all rrembers thereof, and all other Indians, Indian
:.,.
nations or tribes or rends of Indians in the State of Maine may sue
in the ca.lrts of the State of Maine
an]
aoo
be sued
the United States to the sane extent as
any other entity or person residing in the State of Maine may sue arrl be sued in
tmse COJrts; arrl Section 1362 of Title 28, United States Code, s~all be applicable
to civil actions brooght by the Passamc:quoddy Tribe, the Penobscot Nation, and
the Houlton Barrl of Maliseet Indians:
'
Provided, havever, That the Passamaquoddy
Tribe, the Penooocot Nation and their officers and errployees shall be irranune
fran suit when the resP=cti ve Tribe or Nation is actiNJ in its gO\Ternrrental
capacity to the
s~
Q~
extent as any rnuni ci pall ty or like officers
errploy·ees
thereof within the State of Maine.
(2) Notwithstan:3ing the provisions of Section 3477 of the Revi:?ed Statutes,
as anended, the Secretary shall honor valid orders of a Federal, S,.t ate, or
territorial court which entetE money judgments for causes of action which arise
after the date of the enactlrent of this Act against either the Pcg;saJna:lUcddy
Tribe or the Penoi::scot Nation by
rnaki~
an assignrrent to the
jud~nt
_
...
creditor
of the right to receive incate out of the next quarterly payment ,from the
Settlement Fund established pursuant to Section 5 (a) of this Act arXl out of
~. ~~
...
,,._.
~
�J cpJ·oduccd nt l'hc Nntional Archi\•es
R
-17such future quarterly payrrents as may be necessary until the judgrrEnt is satisfied.
{e) (1) 'l'he consent of the United States is herel:Jj given to the State of r.1a:i ne
to arrerrl the Maine Implementi113 Act with respect to either the Passama=illoddy
Tribe or the Penobscot Nation:
Provided, That such anerrlnent is made with the.
agreerrent of the affected Tribe or Nation, arrl L'1at such arrel"dlrent relates to
(A) the enforcerrent or application of civil,
crimin~
or regulatory laws of the
Passamaquoddy Tribe, the Penotscot Nation arrl the State within their respective
jurisdictions; {B) allocation or determination of governmental resporsibility of
.~"t
the State arrl the Tribe or Nation <Ner specified subject matters or specified
:.,.-
geographical areas, or both, including provision for concurrent jurisdiction
:':r
'3~~,.
between the State
am
the Tribe or Nation; or (C) the allocation of jurisdiction
~.
between tribal courts and State coorts.
-;,,
~~~
(2) Notwi thstarnin:J the provisions of subsection (a) of this section, the
~.!;f,.
~:t··
State of Maine and the Houlton Barrl of
. ~~~[f;;..
,. ~·
~1aliseet
Indians are authorized to
execute agreerrents regardinj the jurisdiction of the State of Maine CNer lands
.j·~
_:~..
~
-···
......
cwned by or held in trust for the benefit of the Band or its rrerrbers.
, .•:.-.:i...
··;..~
(f) The Passamaquoddy Tribe and the Penol:::scot Nation are hereby authorized to
exercise jurisdiction, separate and distinct from the civil arrl criminal
jurisdiction of the State of Maine, to the extent authorized by the Maine
Inpl~nting
'•
Act, and any suooequent anendrrents thereto.
(g) The Passamaquoddy Tribe, the Penobscot Nation, an;) the State of Maine
shall give full faith and credit to the judicial proceedings of each other.
~-~.
(h) The laws an::1 regulations of the United States which are generally
..i;,
t"A
. .:."
applicable to Indians, Indian tribes, and Indian lands shall be applicable to
Indiars, Indian tribes, am Indian larrls in the State of Maine, except that no
"· ...~·
,..
'
·~
~
�I cp•·oducctlnt r·he Nntional Al'chi\•es
R
-18law or regulation of the United States (1) which accords or relates to a special
status or right of or to any Indian, Indian nation, tribe or barrl of Incliars,
Indian laoos, Indian resetvations, Indian country, Indian territory or land
held in trust for Indians, and a.lso (2) whidl affects or preenpts the civil,
criminal or regulatory jurisdiction of the State of Maine, shall apply within
the State:
Provided, havever, That the
Passamcqu~dy
Tribe, the Penobscot
Nation, and the Houlton Band of Maliseet Indians shall be eligible to receive
all of the financial benefits whidl the United States provides to Indians,
Indian nations or tribes or tends of Indians to the sane extent arrl subject to
the sane eligibility criteria generally applicable to other Indians, Indian
nations or tribes or tends of Indians, arrl for the purposes of determining
eligibility for such financial benefits the
shall
~
res~ctive
Tribe, Nation, or Band
&erred to te Federally reccx;rni.zed Indian tribes:
Provided, further,
That the Passamcqucx:ldy Tribe, the Perot:scot Nation, and the
Maliseet
Indi~'1S
H~lton
Barrl of
shall te oonsi.dered Federally reco:Jnized tribes for the purposes
of Federal taxation qnd any lands o,.med by or held in trust for the
respe~ve
Tribe, Nation, or Barrl shall te oonsidered Federal Indian reservations for ·
purposes of Federal taxation:
Provided, ho.vever, That no person who is not a
citizen of the United States may be considered a member of the Houlton Baril of
Maliseet Indians for purpcses of the provision of Federal services or benefits.
TRIBAL ORGAN! ZATIOO
Sec. 7.
Bam
The Passarncquoddy Tribe, the Penobscot Nation, and the Houlton
of Mali seet Indi. ans may each organize for their o.::rcmon welfare, and adopt
an appropriate instrurrent in writing to govern the affairs of the Tribe,
~
�Rcpr·oduccd nl· lhc National A rchi\•es
-19NatiOD, or Band when each is actinj in its governrrental capacity.
Such instrtlY.le~t
arrl an:y arrendrrents thereto nust be consistent with the te111E of t.his Act and
the Maine Irnplerrentin] Act.
The PassaiTICqUoddy Tribe, the Penobscot Nation,
aoo the HOJ.l ton Ban:J of Maliseet Indians shall eadl file with the Secretary a
C<F.f
of their organic «pve:tnio;:J doCUJl'ent am any. arrerrlrrents thereto.
IMPLEMEt~ATION
sec. 8. (a)
OF THE TIIDIAN QliLD WELFARE AC!r
The Passarraquoddy Tribe or the Penooocot Nation may assurre
exclusive jurisdiction over Indian child custody proceedings pursuant to the
Indian Child Welfare Act of
~978
{92 Stat. 3069).
Before the respective Tribe
or Nation· may assurre such jurisdiction over Indian child rustcrly proceedings,
the respective Tribe or Nation shall present to the Secretary for approval a
petition to assurre such jurisdiction and the Secretacy shall approve that
petition in the manner prescribed by Sections 108{a)-(c) of said Act.
(b) Ary petition to assume jurisdiction over Indian mild rns tody
procecdin:Js by the Passarraquoddy Tribe or the Penob5cot Nati.on shall be considered
aoo determined by the Secretary in accordance with Sections 108(b) and (c) of
the Act.
(c)
Assumption of jurisdiction under this section shall not affect
any action or proceedirg over whid1 a coort has already assumed jurisdiction.
(d)
For the purposes of this section, the Passamaquoddy Indian
Reservation and the Penobscot Indian Reservation shall be deexred to be
• reset:Vations" within Section ·4 (10) of the Act arrl the Passa.ItlCquoddy Tribe and
the Penobscot Nation shall be
of the Act.
'l
reened
to be "Indian
~ribes"
within Section 4 ( 8)
�Ri!JJJ'oduccd at the National Archi\•cs
-20{e)
Until the Passamaquoddy 'I'ribe or the Penotscot Nation has assun::..fl
exclusive jurisdiction over the Indian child custody proceedings pursuant to
this section, the State of Maine shall have exclusive jurisdiction over the
Indian child custody proceedings of that Tribe or Nation.
(f)
Except as may otherwise t:e sumeque_ntly a9reed to by t.."le Houlton
Band of Maliseet Indians and the State of Haine pursuant to Section 6 (e) (2) of
this Act, Section 102 of the Indian Child Y.7elfare Act of 1978 shall apply to
the Hculton Barrl of Maliseet Indians to the sarre extent that that section
applies to Indian tribes as defined in Section 4 of the -Act.
EFFEcr OF PAYMENTS 'ID PASSAl1A(.U)DDY TRIBE, PENOBscar NATION,
OF
Sec. 9. (a)
~ISEE:r
~ND
HOOL'IO-J BM·ID
lliDIANS
No payrrents to be made for the benefit of the Passarncquoody
Tribe, the Penol:scot Nation, . aoo
t.~e
Hoult.on Barrl of
~1aliseet
Indi.a.'1S pursuant
to the terms of this Act shall be considered by any agency or depart.rrent of the
Uni terl States in d=tenniniNJ or canputinj the State of
Maine'~
eligibility· for
participation in any financial aid program of the United States.
(b)
The eligibility for or receipt of payrrents fran the State of Maine
by' the PassarncquooGy Tribe and the Penobscot Nation or any of ~"lei r rrerrbers
pursuant to the Maine Irrplerrenting Act shall not be considered by any department
or agency of the United States in determi.ni ng the eligibility of or carputi ng
~
paynents to the Passamaquoddy Tribe or the Peuobscot Nation or arry of their
nerrbers under arrt fina.-·1cial aid program of the United States:
Provided, That
to the extent that eligibility for the benefits of such a financial aid program
is depen0€nt upon a shavi.n:3 of need by the applicant, the administering agenc.y
shall not be tarred by this section fran considerirg the actual financial
situation of the
'l
applicant~
�.,..::· .
~,,
ltllproduced nt the National Archh•cs
..
,... .. ,.: ,,
SECTION-BY-SECTION
k~YSIS
'
OF H.R. 7919
Section 1
·.:.\~:~~~~:~.~1.:/r
Section 1 entitles the bill as the
'~1aine
Indian Claims Settlement
Act of 1980".
...~ .. t
,,
~
~~
Section 2
~?:~~J.~~
Subsection (a) contains congressional findings and declarations relating
to the claims of the Passamaquoddy, Penobscot, and Maliseet Indians for the
possession of lands in the State of Maine and damages based upon the alleged
illegal transfer of such lands in violation of the Indian Trade and Intercourse
Act of 1790.
The subsection identifies the current entities representing
the' ·historical tribes and declares that it is in the interest of all parties
that Congress settle the claim based upon the agreement reacl1ed by the
::~~~,~~~~~(;
tribes and the State of
~~ine.
Subsection (b) states that the purpose of the legislation is to eliminate
~~
the Indian claims to land in the State of Maine and to ratify the State statute
~
defining the relationship between the tribes and the State.
~~.~S;·:f '..~~:r
k
Section 3
Section 3 defines, for the purposes of the legislation, the various
tenns used in the bill.
Section 4
Subsection (a)(l) provides that all transfers of land anywhere within
the United States by the three involved tribes and all transfers of land
Nithin the State of Haine by any Indian tribe shall be deemed to be in
.· .
r··~
~.,.;,i!f. li
k
~~ ~
7
...........~~~
::·.~b
:·. :- ~·
"t
�' •t. • J ~ ..
Rcp1·oduccd at the NaHonnl A •·chh•cs
-2-
accordance with the Constitution and the laws of the United States, including
I
t, '
I •, ' •
~~.:;.r'-'1:~
.......
·;·.· .
the Indian Trade and Intercourse Act of 1790 and its various later versions,
-
and that Congress ratifies such transfers effective on the date of such
·~5~~~
of Maine by any Indian tribe shall be deemed to be in accord with the laws
·. ~.
..................
transfers.
'""1Lr
r,
Subsection (a)(2) provides that any transfer of land within the State
""'~
of the State and that Congress ratifies such transfers as of the date of
.. ..
~
transfer •
...... . . ..
Subsection (a)(3) provides that any transfer of land made by an individual
·> ~~-~: .:.~··'
_.,.
.........
Indian after December 1, 1873, shall be deemed in accordance with the laws
of the State and that Congress ratifies such transfers as of the date of
·...
transfer.
Subsection (b) provides that, if any of the three tribes had aboriginal
~4¥~f~\
title to any of the lands described in section 4(a), section 4(a) shall be
~
regarded as an extinguishment of such title.
Subsection (c) provides that all claims of the three tribes or any
·;r~~~li!~hs.
:·.
....
other tribes against the United States, any State or subdivision or any other
~; : ~ ..
person, arising out of sucl1 land transfers, shall be deened extinguished
as of the date of such transfers.
Section 5
Subsection (a) provides that a Maine Indian Claims Settlement Fund
will be established in the U.S. Treasury and that $27,000,000 will be deposited
in such fund after an appropriation authorized in section 13.
··./~'-~''.! ~::. :'
.
~·:--7-- ~'\'"1'
#
-.-:··:·~·:..: ~-;.~
-
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~
~
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'l
�- r,
RctJroduccd at the Nalional At·Ghi \'I!S
-3-
Subsection (b)(l) provides that tl1e Secretary of the Interior will
invest such funds, one-half for the benefit of the Passamaquoddy Tribe
i~~~~
.
and one-half for the benefit of the Penobscot Tribe, under such terms
..
·.: ~,: " ..;~ ~.
~~·~~:.:.:·~.::.~~:i
determined by the tribes and agreed to by tl1e Secretary.
'*'*
The Secretary
...t \.t
~~
is required to accept reasonable terms for such investment and administration
...: U.t...~~;,tt.~~~
'•' ~ ..:.. ,;J'••' '••
I
and his decisions are made subject to judicial review in an action brougl1t
~~~
by the tribes in Federal District Court.
.,
. ....
Subsection (b)(2) provides that no part of the principal of such funds
... , ....
,,
~
shall be distributed to either the tribes or its members.
...... ·...
~
.._:...:- ~·-.-~: -~-:'~
Subsection (b)(3) provides that the Secretary will pay, on a quarterly
basis, the income from such funds to the two tribes without liability to
the United States and without regulation by the United States; provided
that each tribe shall expend the income from $1,000,000 of their por~ion of
f~~!
the fund for old age programs for their members.
Subsection (c) provides that the Secretary will establish a l'-· aine
1
~
~
··....
Inuian Land.Claims Acquisition Fund in the U.S. Treasury and deposit
~- ·
.. .
$54,500,000 therein from funds appropriated pursuant to section 13.
~2~il~i~
t~!S·~~: ·,.,'• .
Subsection (d) provides that $900,000 of such fund will be used to
purchase 5,000 acres of land for the Maliseet Indians with one-half of the
remaining principal to be held for the benefit of the Passamaquoddy Indians
and one-half for the Penobscot Indians.
The Secretary is required to exp~nd
the principal and any income from su~h fw1d for the acquisition of land
for the three tribes, upon their request, and for no other purpose.
Land
acquired for the f\laliseet tribe would be equally divided bet\veen the other
· ·:·: :·~-<~~·.:
two tribes in tl1e event the Maliseet tribe ceased to exist.
~I;,;~~
' •.:
-·~~~~.~
-~~
""
~~~
'l
�Reproduced nt the Nntional A•·chh•cs
.. ·.
. . . . .... -
' . . .--;
.j •
•
-..
• :
•
• •
~
-4-
Subsection
··:i':~;~~s~:~~;
(~)(1)
provides that section 177 of title 25, United States
Code, which is essentially the Indian Trade and Intercourse language, shall
not apply to any of the Indian tribes in the State of Maine or to any lands
-
owned by such tribes.
'.\r
_.,,
Subsection (e)(2) provides that no transfers of land within the Indian
~~~~:~j.~~~
territory of tl1e two tribes shall be valid unless made by the tribe with the
consent of the Secretary or unless taken for public uses consistent with the
State statute or the laws of the United States.
Tl~
Secretary and the tribes
can only approve sales of timber or other natural resources; leases not
exceeding SO years; and lands sales where the proceeds are to be reinvested
in lands within two years.
Subsection (f) provides that lands acquired and held in trust for the
. ·..
··
~:~~·~!~.~
benefit of the two tribes will be managed and administered according
established by the tribes and agreed to by the Secretary.
Ui.i
....
t~
terms
The Secretary
must agree to reasonable terms proposed by the tribes and his decision is
' ~
,J
subject to judicial review in actions by the tribes in Federal District Court.
Subsection (g) provides that, in the event tribal lru1ds are taken for
~:~::.~~j..:~
public uses pursuant to State or Federal law, the proceeds shall be reinvested in lands within two years after the taking and such acquired lands
would be subject to the tenns of the bill and to the Maine Implementing Act.
Section 6
Subsection (a) provides that all Indians and Indian tribes in the
State of Maine, except the Passamaquoddy and Penobscot, and all lands and
resources held in trust by the United States for such tribes or Indians
-
'
.;j ~ .:~
;
~· ' \'};r~~
:~r~
~~~!¢:;"¥
~;
...
�I
· ~-
--
' ·' ·
Rcp•·oduccd nt the Nntional A•·chh•cs
-·····.
.....
.. ,.• •
,I
'
"." (
". ..j
. ·.
·,· . : ' ., .• I
-5-
Subsection (b) provides that the Penobscot and Passamaquoddy tribes
;
.. ;,\_ ~;·: . -·'
and their members and lands shall be subject to tl1e jurisdiction of the
State to the extent provided in the l\·taine Implementing Act.
~-~
••• ~.;~~.•t.1 •.. :_!
.
It further
provides that the Maine Implementing Act is ratified by the Congress and
#l ~t
,,
that its provision, including any subsequent amendments thereto, are incorporated by reference in this legislation.
It also provides that the Maine
Implementing Act shall not be subject to section 1919 of title 25, United
States Code.
Subsection (c) provides that all Indian tribes and Indians in the State
of
~. laine
may sue and be sued in the Federal and State courts to the same
extent as otl1er citizens, except that the Passamaquoddy and Penobscot tribes
shall be immune from suit as provided in the
~Iaine
Implementing Act.
It
provides that any money judgment entered against either tribe, if not paid
•
~· J ~ i..l.~'.· ··
within 90 days, will be paid by the Secretary out of the Settlement Fund.
~fi;p
)~-;;
~~~. ''•··"~'Ji
It further provides that the Secretary ntay be sued in Federal court for such
.t;';'J•: •• .. ~
money judgment.
•'
Subsection (d) provides that the Congress hereby consents to any
.~:' ··~ ··:· '
amendment to the
~~ine
Implementing Act with respect to the two
~ribes
if
made with the consent of the tribes.
Subsection (e) authorizes the two tribes to exercise criminal and civil
jurisdiction, distinct from the State, to the extent authorized by the Maine
Implementing Act.
Subsection (f) provides that the U.S., every State, etc., extend
full faith and credit to the judicial proceedings of the two tribes and the
tribes extend full faith and credit to the judicial proceedings of the United
t:~~!i
States, every State, etc.
":
�I~C[lt'olluccd
...
nt the Nntionnl Archi ves
...
. . -·
'
-6-
Subsection (g) provides that none of the special Federal laws relating
to Indians will apply to tribes in Maine except that the Passamaquoddy,
·-.t,:..::. :.,.
Penobscot and :Maliseet tribes ·,vill be eligible for all financial benefits
~";;~..,J
provided by the United States to Indian tribes and that such tribes will be''•
'""
~
deemed Federally recognized tribes for that purpose.
' ·~~:·t:~.~;,:...
·'
In addition, the
three tribes would be considered as Federal tribes for purposes of Federal
taxation.
Section 7
Subsection (a) provides that the two tribes may assume jurisdiction
over child custody proceedings pursuant to the Indian Child Welfare Act
pursuant to the
p~ocedures
established in that Act.
Subsection (b) provides that any petition to so assume jurisdiction
..
. ~:~:;;.~·; ·..
;
shall be considered by the Secretary pursuant to the terms of the Indian
Child Welfare Act.
~~j
Subsection (c) provides that such assumption of jurisdiction shall
not affect proceedings over which a
:~ .:. 1~~~.:'.
\."l
cour~
has already assumed jurisdiction.
Subsection (d) provides that for purposes of this section, the tribes
and their reservations will be deemed a "tribe'' and "reservation" as provided
in the Indian Child Welfare Act.
Subsection (e) provides that the State of ~1aine will retain jurisdiction
over child custody matters until such time as the tribes 1nay
asst~e
the
jurisdiction.
Section 8
Subsection (a) provides that no payment made to the Passamaquoddy,
~· ·; .
Penobscot, and I laliseet tribes under this legislation shall be considered
v
• f
~;~;.,r{ J~
...,~~-,.t:rffl,.
~~~~
~
~ ~.
�Rcp•·ocJuccd nt the National A.-chi\'cs
-7Subsection
·::}~~:::h~·~. :~:·;
:
(~)
provides that the eligiblity of the two tribes for
payments from the State of Maine shall not be considered in determining
the eligiblity of the two tribes for participation in financial aid programs
~
:~~
of the United States.
...t "l
~,
Subsection (c) provides that tl1e availability or distribution of funds
;~~~~~:!,~...~
. ..
under this legislation shall not affect the right of the two tribes or of
.''l· '-, 1 '
any Indian to participate in Federal programs.
Section 9
Section 9 provides that transfers of land by private owners through
purchase by the Secretary pursuant to the bill will be deemed an involuntary
conversion for Federal tax purposes.
Section 10
~~;~?~:h.:::
Section 10 provides that any funds held by the State of Maine in trust
~
-::- ~~::.~ ~!: ';\•··
for the two tribes shall be transferred to the Secretary for deposit in the
Settlement Fund and that acceptance of such funds will discharge any claims
the tribes may have against the State with respect to such funds.
It further
provides that, .upon receipt of the funds, the Secretary shall execute a
general release of claims against the State with respect to sucl1 funds.
Section 11
Section 11 proviJcs that, except as otherwise provided, enactment of
this legislation will constitute a general discharge and release of all
liability of the State of l\·Iaine arising from treaties or agreements to the
Indians or the U~ited States, including the action pending in the Federal
District Court entitled U.S. v. t.·t aine.
• ....;.)--
....
~'W
~~P:~
·~
~
�•• • , . ....... ,.... _ _ --"..S-~· ..
io--·---·- ...
---- ~ :.. -
RcrH·oLiuccd lit lhc National' A1·chi\•cs
-8-
Section 12
· ··.
.,.. .. -··
Section 12 provides that, except as may otherwise specifically be
;;~~~~i{:f~))
.· \ .... ! . ,
provided in the bill, nothing in the bill is to authorize any Indian or
.,
. l,
_.
. ..
Indian tribe to sue tl1e United States with respect to claims extinguished.
Section 13
:~,·~:::··~ ~:.~:·:· ~ ..
·l~,7~~.l.:\!~i
;;J.!.~it,t;i-!~~;;,,,
: '.'.~:::.. ~·:· :~
Section 13 authorizes the appropriation of $81,500,000 .
..
Section 14
Section 14 provides that, if section 4 of the bill is held invalid.,
..... .
the entire Act shall be invalid.
If any other provision is held invalid,
the remaining provisions will remain in full force and effect.
~*~~·~~f~
...
. . .~ ..!
:.:-~! :
.. ~. ..
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. ·: ·... . ·._
·.·.......
;.:;·:~~·::~t] ~;,\··~
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. :~~~~~:~;;~~~~
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.
~
�
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/.
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
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NARA020
Title
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Transcript of Markup Session for Maine Indian Claims Settlement Bill H.R. 7919, House of Representatives, Committee of Interior and Insular Affairs (09/17/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/17/1980
Source
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NARA
Committee on Interior & Insular Affairs, Legislative Files: House Bills, HR 7919, Box 139, Folder “Full Committee mark-up 9/17/1980”; 96th Congress; Records of the U.S. House of Representatives, RG 233; National Archives, Washington, DC.
Language
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English
Type
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Text
Documents
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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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Public Domain
1723
1725(h)
Application of State Law
Extinguishment of Claims
Frank Ducheneaux
Jurisdiction
Representative Morris K. Udall
-
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Re(Jroduccd :1t 'l'he ~ntionnl Archives
HR 7919 - Indian Affairs
Maine Land Claims
CARR/Congress. Corres.
FDX/db
.August 19, 1980
The Honorable Bob Carr
u.s.. Hoose ·of Representatives
3l2 cannon Building
Washington, D.C. ZOSlS
Dear Bob:
Dave Fmery and Olympia Snowe approached me abeut taldng actiM on the
~kline InGian Land Claims Settlement legislation, now introduced. as H'~R~ 7919.
I advised them that the many demands on ey ti:rn.e weW.d not pmmit me to
undertake the additional burden of managing this somewhat controversial
legislation. However, I advised them that I l~ul4 have no o'bj.ection to
the Ccimlmittee taking action on the bUl if they could find a majerity
member of the Committee to tmdertake that resp0nsibility.
I understand that you have agxeed tQ assist Dave and Olympia in getting
the bill moving. I appreciate your willingness ttJ assume this Tesponsibility and, to the extent that my ti.nle permits, I will help in anyway
that I can.. Frank Ducheneaux of the Indian Affairs staff will be dohg
all of the basic staff work an the bill, but please feel fr~e te call
on hin.t for anything additional yeu may want or need with respect w the
legislation ..
With warm regards,
Sincerely,
MORRIS K. UDALL
Chairman
..
�
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Letter to Representative Bob Carr from Representative Morris K. Udall, acknowledging Representative Carr's willingness to manage getting the bill moving through the House of Representatives (08/19/1980)
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8/19/1980
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Committee on Interior & Insular Affairs, Legislative Files: House Bills, HR 7919, Box 138; 96th Congress; Records of the U.S. House of Representatives, RG 233; National Archives, Washington, DC.
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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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Frank Ducheneaux
Representative Bob Carr
Representative Morris K. Udall
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742cda80aeb0efd12ec0cf8071889746
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United States Department of the Interior
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
SEP 1 0 1980
Honorable Morris K. Udall
Chairman, Committee on Interior and
Insular Affairs
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This supplements our report of August 25, 1980, on H.R. 7919, a bill to
settle Indian land claims in the State of Maine. In our earlier report
we enclosed a proposed amendment to H.R. 7919 in the nature of a substitute.
The proposal was developed in the course of discussions with tribal and
State officials in an effort to achieve agreement on substitute language
which would clarify governmental responsibilities in implementing the land
claims settlement. Our proposed amendment reflected a large measure of
agreement, but at the time of its submission discussions had not been con~
eluded with respect to Section 6(b) of the bill. Those discussions have
now been concluded and this is to provide you with our recommended language
for that provision.
Section 6(b) of H.R. 7919 as introduced provides:
(b) The Passamaquoddy Tribe, the Penobscot Nation, their members,
and the land owned by or held for the benefit of the Passamaquoddy
Tribe, the Penobscot Nation, and their members, shall be subject
to the jurisdiction of the State of Maine to the extent and in the
manner provided in the Maine Implementing Act. The Maine Implemen~
ting Act is hereby approved, ratified and confirmed, and the provisions of the Maine Implementing Act which hereafter become effective
including any subsequent amendments pursuant to subsection (d), are
incorporated by reference as fully as if set forth herein. The
Maine Implementing Act shall not be subject to the provisions of
Section 1919 of Title 25 of the United States Code.
As we mentioned in the course of our testimony at the Committeel'is August 25
hearings on the bill, one of our principal concerns with the settlement
proposal is the language of Section 6211(2) and (4) of the Maine Implementing
Act which would allow the State to reduce funding to the Passamaquoddy Tribe,
the Penobscot Nation, and their members in circumstances where the Tribes or
individual members are recipients of Federal funds 11 Within substantially the
same period for which state funds are provided, for a program or purpose
substantially similar to that funded by the State •••• 11 Section 6(b) of
H.R. 7919 would approve, ratify, and confirm the provisions of the Maine
Implementing Act, including Section 6211.
�R cpr.oilucetl nt the
ntionnl Archh•ru;
U.S. HOI!ISE OF REPRESENTATIVES
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
OFFICE OF THE CHAIRMAN
EXECUTIVE COMMUNICATION,
PETITION, MEMORIAL AND
REPORT
S upple.~eM..taf ROUTING SH~p. .
1
If you recommend this matter be called to I~ attention
artment of the Interior
THE SECRETARY
fON, D.C. 20240
sp
1 0 19 80
of the Chairman, please so indicate by a check mark, and
in any event, please initial and date this sheet to record
your having seen it.
Initial
I
20
i-
BOYD
McELVAIN
SCOVILLE
CONKLIN
Date
Chairman
should
see
Sit> 9llS .
~
~'¥t.
it
ll:JU:
f//7
CHAIRMAN
Jst 25, 1980, on H.R. 7919, a bill to
cate of Maine. In our earlier report
~ H.R. 7919 in the nature of a substitute.
~ ourse of discussions with tribal and
~ ieve agreement on substitute language
esponsibi1 ities in implementing the 1and
nendment reflected a large measure of
submission discussions had not been con~
) of the bill. Those discussions have
provide you with our recommended language
Copy sent to:
Minority
v
Subcmte on
F,))__r
duced provides:
c;.;;:;J. ~.
COMMENTS:
TO BE FILED IN 1324 LONGWORTH HOB
ExecComm No. _ _ _ _ _ _ _ __
the Penobscot Nation, their members,
for the benefit of the Passamaquoddy
and their members, shall be subject
ate of Maine to the extent and in the
[mp1ementing Act. The Maine Implemen~
ratified and confirmed, and the provi~
ng Act which hereafter become effective
dments pursuant to subsection (d), are
fully as if set forth herein. The
not be subject to the provisions of
he United States Code.
ur testimony at the Committeel';s August 25
rincipal concerns with the settlement
Bill No. -L...!--If~£L.-7 l..-L _ _
..L__,9I_,_r;
n 6211(2) and (4) of the Maine Implementing
reduce funding to the Passamaquoddy Tribe,
~ bers in circumstances where the Tribes or
1ndividuar members are rec1p1ents of Federal funds "within substantially the
same period for which state funds are provided, for a program or purpose
substantially similar to that funded by the State •••• " Section 6(b) of
H.R. 7919 would approve, ratify, and confirm the provisions of the Maine
Implementing Act, including Section 6211.
Petition/Memorial No. _ _ _ _ _ __
·
GPO
63-tiGO-b
�2
Because we feared that ratification of these provisions in the State Act
could result in the abuse of Federal financial assistance by allowing the
State to use Federal funds to supplant State funding of programs which
benefit its Indian citizens, and would therefore set a potentially dangerous
precedent for the use of Federal funds nationwide, we asked State officials
to provide a letter clarifying the meaning and intent of Section 6211(2)
and (4) of the Maine Implementing Act.
Maine Attorney General Richard S. Cohen had sent to the Senate Select Committee
o~ Indian Affairs a letter dated August 22, 1980, which assists in the inter~
pretation of those provisions of the State law. · However· this letter, while
,
helpful · did not completely allay our concern· as expressed at the August 25,
,
,
1980 hearings, that Congressional ratification of the M
aine Implementing Act
pursuant to Section 6(b) of H.R. 7919 may be viewed as sanctioning, even if
only in limited circumstances, the practice of supplanting each dollar of State
aid to the tribes with a dollar of Federal aid.
After a careful study of the programs which might be affected by this provision
in the Maine Imp 1ement i ng Act· we have arrived at the fo 11 owing 1anguage as a
,
proposed amendment to Section 6(b):
(b) (1) The Passamaquoddy Tribe, the Penobscot Nation, the Houlton
Band of Maliseets, their members~ and the land and natural resources
owned by or held in trust for the benefit of the Tribe, Nation
or Band, or their members, shall be subject to the jurisdiction
of the State of Maine to the extent and in the manner provided
in the Maine Implementing Act: Provided, however, that nothing
in this section shall . be construed as subjecting lands held by
the United States in trust to taxation; encumbrance, or alienation.
The Maine Implementing Act is hereby approved, ratified and confirmed
to the extent that it is not inconsistent with the provisions of
this Act. The Maine Implementing Act is not an agreement within
the meaning of Section 109 of the Indian Child Welfare Act of 1978.
{2) Funds appropriated for the benefit of Indian people or for
the administration of Indian affairs may be utilized, consistent
with the purposes for which they are appropriated~ by the Passamaquoddy
Tribe and the Pe·nobscot Nation to pro vi de part or a11 of any 1oca1
share required by Maine State law. Federal funds used by the Tribe
or Nation as local matching funds shall be considered as local funds
for purposes of any maintenance of effort requirements imposed by
Federal law or regulation.
(3) Nothing in this Act shall be construed to supersede any
Federal laws or regulations governing the provision or funding
of services or benefits to any person or entity in the State of
Maine unless expressly provided by this Act.
�3
Paragraph 6{b)(l) of our proposed amendment is substantially similar to the
provision in H.R. 7919. The proviso is intended to clarify the understanding of the parties that lands acquired by the United States in trust
shall not be subject to taxation and are subject to the restrictions against
alienation of section 5{f)(2) of our proposed amendment (section 5(e)(2)
of H.R. 7919). To the language ratifying the Maine Implementing Act we have
added the phrase, ~·to the extent that it is not inconsistent with the
provisions of this Act~~. While we have no intention of altering the substance
of the jursidictional agreement between the State of Maine and the Passamaquoddy
Tribe and Penobscot Nation, to the extent that anyone in the future perceives
a discrepancy between the federal and state legislation we feel it is important
to recognize that the federal legislation should control.
Paragraph 6{b)(2) is a reflection of our examination of the interplay of federal
and state funding of Indian programs under this new arrangement. Because lands
in Passamaquoddy and Penobscot Indian territory will be tax~exempt, those
Tribes may wish to rely on federal funds to match state funds available to them
as municipalities. As provided in Section 6211(1) of the Maine Implementing
Act, 11 [t]o the extent that any ••• program requires municipal financial
participation as a condition of state funding~ the share for either the
Passamaquoddy Tribe or the Penobscot Nation may be raised through any source
of revenue available... (emphasis added). For example, consistent with the
Maine Implementing Act and our proposed amendment, funds received by the Tribes
under a contract authorized by the Johnson~O t~J Malley Act {25 U.S.C. Section 452
et seg.) may be used as the local share to match state educational assistance if
that use is otherwise consistent with the provisions of the Johnson7"0 ! ~ Ma 11 ey Act.
Thus, regardl ess of whether or not certain funding sources may be prohibited
by federal law or regulation from supplanting state funds under Section 6211(2)
or (4) of the Maine Implementing Act, such funds may be used to provide the
local share for matching purposes.
1
Paragraph (3) of our proposed section 6(b) would make it clear that nothing in
the Settlement Act, including the ratification of the Maine Implementing Act,
should be read to supersede any federal laws or regulations governing the pro~
vision or funding of services or benefits to any person or entity in the
State of Maine, unless expressly provided by that Act.
The Maine Attorney General is amending his August 22 letter to provide further
explanation of Section 6211 of the Maine Implementing Act. It is our
understanding that the State~ s interpretation is that Section 6211 (2) and (4)
will not authorize the supplanting of Federal funds where such supplanting is
prohibited by either Federal law or regulation.
·
�4
It is the Department ~ s intention to structure our funding programs in such a
manner that no funds will be supplanted by the operation of Section 6211
of the Maine Implementing Act. This structuring may include the amendment
of our regulations to prevent supplanting of funds by states. However, such
regulations, if promulgated, will have effect on a national basis and will
in no way treat the State of Maine differently from any other state in such
funding matters.
We have also been requested to consider the addition of the word ~~ reasonabl e11
to the language of Section 5(b)(l) of our proposed amendment. That sentence
would then read as follows:
Each portion of the Settlement Fund shall be administered
by the Secretary in accordance with reasonable terms
established by the Passamaquoddy Tribe or the Penobscot
Nation, respectively, and agreed to by the Secretary.
We have no objection to the inclusion of this word so long as the standard
of conduct applicable to those charged with investment responsibility is
consistent with Section 6 of the Uniform Management of Institutional Funds
Act. That Section requires the governing board to exercise ordinary business
care and prudence under the facts and circumstances prevailing at the time of
the action or decision. Those charged with investment management of the funds
would be obligated to act in the utmost good faith and to exercise ordinary
business care and prudence in all matters affecting its administration.
The Office of Management and Budget has advised that there is no objection to
the presentation of this report from the standpoint of the Administration ~; s
program.
Sincerely,
~~~·.~~SECRETARY
�
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Letter to Representative Morris K. Udall from Department of Interior, Supplementing the Department's Previous Report on H.R. 7919 as well as the Department's Previously Submitted Amendment in the Nature of a Substitute (09/10/1980)
Date
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9/10/1980
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NARA
Committee on Interior & Insular Affairs, Legislative Files: House Bills, HR 7919, Box 138; 96th Congress; Records of the U.S. House of Representatives, RG 233; National Archives, Washington, DC.
Language
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English
Description
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Supplement to Department of Interior report made on 8/25/1980, which included an Amendment to H.R. 7919 in the Nature of a Substitute. This letter suggests adding that the Maine Implementing Act (MIA) is confirmed ". . . to the extent that it is not inconsistent with the provisions of this Act". This language is not ultimately used in the final version of the Maine Indian Claims Settlement Act.
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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
Public Domain
Cecil Andrus
Jurisdiction
Representative Morris K. Udall
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ed0416767bddd1cd730850c5bea7b269
PDF Text
Text
United States Department of the Interior
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
SEP 2 2 9"l)
SEP22
Honorable Morris K. Udall
Chairman, Committee on Interior
and Insular Affairs
U. S. House of Representatives
Washington, D.C.
20515
Dear Mr. Chairman:
This is to provide you with our views on H.R. 7919 as reported by
the Comrrdttee, a bill to settle Indian land claims in the State of
Maine.
\I'Je urge enactment by this Congress of H.R. 7919 as reported. We
believe the bill represents a reasonable and workable settlement of
the Maine Indian land claims.
We note that the Committee's report, in its discussion of section 5
of the bill in the section entitled "Surrmcn:y of Major Provisions",
indicates that the provision of Federal services and benefits to the
Passamaquoddy Tribe and Penobscot Nation was a result of a 1978
agreement. At that time, however, the tribes were already eligible
for such services and benefits. Thus, these services and benefits
are not an element of the Maine Indian land claims settlement
itself.
Section 5(b) (3) provides for quarterly payments to the Passamaqucrldy
Tribe and the Penobscot Nation of "any incorne received fran the
investment of the Settlement Fund". The Committee's report states
thatThe term "incorre" as used in Section 5 means the return in
money or property derived from the use of the assets in the
Settlement Fund, including net appreciation, both realized and
unrealized.
We do not interpret the above report language as suggesting that the
quarterly payments IlU.lst include "unrealized" income.
We also note that section 5(i)(3) of tl1e bill provides that the
State of Maine shall have initial jurisdiction over condemnation
proceedings. The United States is authorized to seek review in
Federal courts and is given an absolute right of ~val over any
such action commenced in the oourts of the State. We have agreed to
this provision with the understanding that it contemplates that
service of process on the United States in any such pvoceeding is to
be pursuant to the Federal Rules of Civil Procedure.
The discussion in the Committee's report respecting the fifth issue
in the section entitled "Special Issues" states that certain
�R eproduced ut tile Nntionnl Archh•cs
....Jl-5· HOOSE!·oF REPRESENTATIVES
coMMirrEEoN INTERioR AND INsuLAR AFFAIRs
OFFICE OF THE CHAIRMAN
[i' THE SECRETARY
}TON, D.C. 20240
EXECUTIVE COMMUNICATION,
PETITION, MEMORIAL ~ND
DEPARTMENTAL REPORT
ROO liNG SRE~lE P
If you recommend this matter be ·
partment of the Interior
SEP 2 2 9X»
SEP 22-
900
ca~ed to 2 21
the attention
of the Chairman, please so indicate by a check mark, and
in any event, please initial and date this sheet to record
your having seen it.
Initial
I
r --
BOYD
N
I
Chairman
Date
I
-.
should
see
McELVAIN
3
s of H.R. 7919 as reported. We
sonable and workable settlement of
SCOVILLE
i_
ld~.t?fz~
CONKLIN
iews on H.R. 7919 as reported by
:1dian land claims in the State of
~t,
in its discussion of section 5
"Surrmacy of Major Provisions",
ederal services and benefits to the
Nation was a result of a 1978
, the tribes were already eligible
rhus, these services and benefits
ndian land claims settlement
ed
CHAIRMAN
Copy sent to:
Minority
~
Subcmte on
FlJ'X
terly payments to the Passamaquoddy
"any income received fran the
" The Comnittee' s report states
.,......._
I
COMMENTS:.
Section 5 means the return in
om the use of the assets in the
et appreciation, tx:>th realized and
TO BE FILED IN 1324 LONGWORTH HOB
ort language as suggesting that the
unrealized" income.
ExecComm No. __________________
Petition/Memorial No. -----------
of the bill provides that the
jurisdiction over condemnation
s authorized to seek review in
63-666-h
solute right of removal over any
ou-....u ................. ....,u ...__..........
ts of the State. We have agreed
this provision with the understanding that it contemplates that
service of process on the United States in any such proceeding is
be pursuant to the Federal Rules of Civil Procedure.
Bill No.
lfR
1919
GPO
u .....................................
_____
to
to
The discussion in the Committee's report respecting the fifth issue
in the section entitled "Special Issues" states that certain
.t
�t.
payments in lieu of taxes to oo made by the tribes "will nost likely
be paid with funds to be provided to the tribes by the federal
government." Although such payments may te {X>ssible as an incident
of contracting or other assistance provided to the trite by the
Federal GoverniTent, we telieve it is clear, as indicated in the
Committee's further discussion of section 6(b)(l) in its report,
that the United States has no obligation to make such payments,
except as they are authorized by section 6(d) (2) of the bill to be
paid out of the Settlement Fund income. The tribes oould only use
Federal funds for such payments when such use is consistent with the
terms under which such funds are provided to the tribe by the
Federal agency involved.
It is our understanding that it is not the intent of ·section 6(b)(l)
to alloo taxation, encumbrance, or alienatioo of lands held by the
United States in trust. This interpretation is oonsistent with the
language in the Committee's report that the applicatioo of Maine law
cannot jeopardize ~ ~air the clear title of the United States or
obligate the United States, as titleholder, to pay taxes ~ fees.
This subsection parallels existing Federal law in which jurisdiction
is granted to States. This is also fully consistent with the
tribes' agreement to make payments in lieu of real property taxes
and their agreement to pay other taxes and fees as do other persons
or entities in the State of Maine. The application of the laws of
the State of Maine regulating land use and environmental matters,
which the tribes agreed to allow to apply to themselves and which
the bill ratifies, is consistent with existing law without
obligating the United States or impairing title in the United
States.
We also wish to reiterate our understanding of section 6(b)(2) of
the bill, relating to the use of Federal funds "consistent with the
purposes for which they are appropriated" and section 6211(1) of the
Maine Inplementing Act which provides that " [t] o the extent that any
• • • program requires nunicipal financial p3.rticipation as a
condition of state funding, the share for either the Passamaquoddy
Tribe ~ the Penobsoot Nation may be raised through any source of
revenue available" (emphasis added). We believe it is clear from
the language of the State Act itself that regardless of whether
certain funding sources may be prohibited by Federal law. or
regulation from supplanting State funds under section 6211 ( 2) or ( 4)
of the Maine Inplementing Act, such funds may be used to provide the
local share for matching purposes when such use is consistent with
the purposes for which such funds are appropriated.
Finally, we note a typographical error in the excerpt f~m Attorney
General Richard Cohen's August 22, 1980 letter, printed in the
report. In the sentence beginning "It was understood", the words
2
Silo\!\lf!JV lliUO!JII N ;1111 ~u pa:mpoJdaM_
�t.
i
"Federal law" should read "Federal statutes or regulations", as
shown in the oonplete text of the letter later in the report.
The Office of Management and Budget has advised that there is no
objection to the presentation of this report fvam the standpoint of
the Administration's program.
3
s:M!IFl.IV JllUO!JIIN ;tlJJ ~ll ,p;tJnpo.tdn~l
�
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Title
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National Archives and Records Administration
Description
An account of the resource
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
An unambiguous reference to the resource within a given context
NARA001
Title
A name given to the resource
Letter to Representative Morris K. Udall from Department of Interior, reporting the Department's views on Bill H.R. 7919 (09/22/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/22/1980
Source
A related resource from which the described resource is derived
NARA
Committee on Interior & Insular Affairs, Legislative Files: House Bills, HR 7919, Box 138; 96th Congress; Records of the U.S. House of Representatives, RG 233; National Archives, Washington, DC.
Language
A language of the resource
English
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
Cecil Andrus
Jurisdiction
Representative Morris K. Udall