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LAW OFFICES
SoNoSKY, CHAMBERS
&
SACHSE
2030 M STREET, N. W.
WASHINGTON, D. C. 20036
MARVIN J. SONOSKY
HARRY R. SACHSE
REID PEYTON CHAMBERS
TELEPHONE
(202) 331-7780
July 15, 1980
WILLIAM R. PERRY
Honorable Cecil D. Andrus
Secretary
Department of the Interior
Washington, D.C.
20240
Attention:
Dear
T:irrothy Vollmmn, Esq.
Mr. Secretary:
As you know, '=.Je represent the Houlton Band of Maliseet
Indians. The purpose of this letter is to supply our ~nts on
"Proposed Changes :in S. 2829," a document furnished by Mr. Vollmmn
at our July 10, 1980 rreeting vrl.th representatives· of the Administration,
the State, the Senate Select Comnittee on Indian Affairs, and 'M:tine' s
other two tribes.
A.
'Sec. 2
1. We agree that Sees. 2 (a) (8) and 2 (a) (9) should be deleted.
SpeGifically, the parties have never executed a "Settlement Agreement"
and the Houlton Band of :Maliseets has never agreed to the l'E.ine ImpleIIEI1ting Act as presently constituted (in fact, the Act presently concerns
only the relations between the State and the Passamaquoddy Tribe and
Penobscot Nation) .
2.
'He agree that Section 2(b) (3) should be deleted., and
that Congress does not need specifically to ratify any state legislation.
3. We agree that Section 2(b) (~) is inconsistent with other
portions of the Act. In our vievJ., it should be deleted. Alternatively,
the· phrase ''as provided herein'' should be added at the end of the
Section. As you knov1, we are now discussing alterations in the Act
that to s~ extent exempt the Houlton Band from state laws, and these
exemptions are an essential precondition to the Band's support for S. 2829.
B.
Sec. 3
4. We concur in your proposed IIDdification of Section 3(a),
and defer to the Passamaquoddy Tribe and Penobscot Nation as to the
I
�Honorable Cecil D. Andrus
July 15, 1980
Page Two
balance of your revisions to Section 3, except that we agree that
"Indian territory" should be defined :in S. 2829. It is essential that
this definition should provide that "Indian territory shall include
not more than 5,000 acres purchased in trust by the United States in
eastern Aroostook County either for the benefit of the Houlton Band
of Maliseets or for the benefit of the Passamaquoddy Tribe and
Penobscot Nation for the benefit of the Houlton Band of Maliseet Indians."
In this regard, we are willing to consider the "trust on a trust" concept, so long as the Passamaquoddy Tribe and Penobscot Nation
irrevocably agree, with the Secretary's approval, that any laws, ordinances, ·
or constitutional provisions of the Houlton Band of 'Maliseets pertaining
to these lands shall without further action have the binding effect
of laws of the Passarm.qooddy Tribe and Penobscot Nation and cannot be
modified without consent of the Houlton Band Coilllcil. The Senate
Comnittee Report should so state. Also, we strongly oppose the cut off
date of January 1, 1983 for acquisition of these lands, and believe
that any definition of this nature in the state bill should be overridden
by the federal definition.
C.
Sec. 4
5. We interpose no objection to your changes to Section 4,
and defer to the Passamaquoddy Tribe and Penobscot Nation on this matter.
D.
. 6.
on your
Sec. 5
We defer to the Passarraquoddy Tribe and Penobscot Nation
concerning Sections 5(a) and 5(b).
c~ges
7. In Section 5(d)(l), we agree that a period should be
placed after Indians, as you have proposed, and that the specific amount
or type of lands to be purchased should be deleted. The section
may also be charged to reflect the "trust on a trust" concept if we
can .a gree with the State on this.
8. We strongly object to your deleting from Section 5(d)
the requirement of tribal consent for all lands purchased. We also
strongly except to the portion of the section giving the Secretary
administrative authority to determine Whether the Houlton Band has
"cease (d) to exist." On this point, we have two alternative proposals.
(a)
The section should read:
�I·
Honorable Cecil D. Andrus
July 15, 1980
Page Three
"If the Houlton Band of Maliseet Indians should
at any time cease to hold the beneficial interest
in lands purchased in trust for it, such lands
shall thereafter be held in . trust by the United
States, one-half for the benefit of the Passamaquoddy Tribe and one-half for the benefit of the
Penobscot Nation;" or
(b) If the ''trust on a crust'' concept is adopted,
the equitable reversionary interest becomes automatic,
and the sentence can be rerroved.
9.
He agree with your proposed arrendrnent to Section 5(e) (2).
10. He agree with your new Section 5(e) (3), -vlith t:VX) minor
additions. First, in the preamble, between "may'' and "be," insert
"with the consent of the affected tribe, nation or band." Second,
delete subsection (vi), as sales should be strictly prohibited. Otherwise, we strongly support your consent applying general Indian law
statutes to lands of the Houlton Band.
11.
We agree that Section 5 (f) should be deleted.
12.
\\Te agree with your changes to Section 5 (g) so long as
all purc'b.ases for the Houlton Band are consented to by it, and if you
add the words ''and shall be held for the benefit of the tribe, nation
or band o-vming beneficial interest to the lands so taken.''
E.
Sec. ''Y''
13. He strongly support the purposes behlnd this new proposed
Section. If your draft language is retained, "shall" should be replaced
by "may" since adoption of a constitution is optional. Alternatively,
the Section could just provide that the tribes are covered by the Indian
Reorganization Act of 1934, 25 U,S.C. 461 et ·seq., since they did not
vote to reject the provisions of that Act tmder 25 U.S. C. 478. We
prefer the latter approach.
F.
Sec. 6
14. We prefer the approach you have taken in Section 6(a)
and 6 (b) to the approach of S. 2829, and will wrk with Hr. Vollmann
at our next meeting to draft constructive teclmical changes.
�Honorable Cecil D. Andrus
July 15, 1980
Page Four
15. If Section 6(c) of S.2829 is retained (or rrodified as
you propose) we propose a specific am:mdment recognizing a goverrunental
inm.mity for the Houlton Band of Maliseets. In the existing bill, this
could be accomplished as follows:
Add at the end of the Section:
''Notwithstanding any other provision of law, the
Houlton Band of Maliseet Indians shall make payments
in lieu of taxes on all real and personal property
withln the lands held in trust by the United States
for the Houlton Band of Maliseet Indians in an arrotmt
equal to that which ~uld otherwise be imposed by a
courity, a district, the State, or other taxing
authority on such real and personal property provided,
however, that any real or personal property, within
· the lands held in trust by the United State for the
Houlton Band of Maliseets used for governmental
purposes shall be exempt from taxation to the same
extent that such real or personal property owned by a
rrnmicipality is exempt under the laws of the State."
16. Section 6 (d) should also recognize the authority of the
Houlton Band of 11aliseets to enter into agreements with the · State, "Whether
it is drafted as you have proposed or as provided in S. 2829. At our
meeting on July 10, both the Administration and State representat}ves
agreed to this change.
17. We defer to the viev1s of the Passamaquoddy Tribe and
Penobscot Nation on Section 6(f).
18. V.Je strongly support your approach to Section 6 (g) .
Certain laws or types of laws should be ·excluded, instead of a blanket
general exclusion of federal Indian law. We v..."':i.ll be pleased to ~JOrk
with the Department in developing agreeable language at our July 17
meeting.
G.
19.
Section 7.
Sec. 7
The Houlton Band of
~aliseets
should be included in
\
\.
'
·,
�Honorable Cecil D. Andrus
July 15, 1980
Page Five
H.
Sees. 10-12
20. He defer to the views of the Passamaquoddy Tribe and
Penobscot Nation on these proposed changes.
We look fon.7Clrd to meeting again with your representatives
on July 17 to discuss these matters, which are of the greatest
importance to the F.oulton Band. ML. Terry Polchies , authorized spokesman for the Band, will accompany me at that meeting.
Kind personal regards,
Sincerely,
?_~dL
Reid Peyton Chambers
RPC/cmt
�
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William S. Cohen Papers
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Documents from the William S. Cohen Papers have been provided by the Raymond H. Fogler Library, University of Maine. Additional information about the collection can be accessed on their <a href="https://library.umaine.edu/cohen/" target="_blank">web page</a>.
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Title
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Letter from Reid Peyton Chambers (Attorney for Houlton Band of Maliseet Indians) to Cecil Andrus (Secretary of the Interior) (dated 07/15/1980), Attention to Tim Vollmann (Department of Interior) providing comments to “Proposed Changes in S. 2829,” supplied to Houlton Band by Tim Vollmann at a meeting on 07/10/1980
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7/15/1980
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William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 9, Folder 9
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes courtesy of Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine. Prior permission is required for any commercial use.
1723
1725(h)
Application of State Law
Cecil Andrus
Extinguishment of Claims
Jurisdiction
Maliseet
Passamaquoddy
Penobscot
Reid Peyton Chambers
Terry Polchies
Tim Vollmann