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12c8d8e8d5d3167ebb8003672c5f3115
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Text
RICHARD
JOSEPH E.BRENN.A..'\1"
S. CoHE~
JoHN M. R. PATERSON
DONALD G. ~\.LE..'"U....'IDER
ATTORNEY GENERAL
DEPUTY ATTORNEYS GENERAL
ST.A.TE OF ~L~I~E
DEP.ART~fENT OF THE ...\:rTOfu'rnY GE~ERAL
AUGUSL.-\., ~lAINE 0433£3
Ivlarch 2, 1978
Honorable Leo Krulitz
Solicitor
Depar~uent of Interior
Washington, D.C.
Eliot Cutler
Assistant Administrator
Office of Management & Budget
Executive Office Building
Washington, D.C.
A. Stephens Clay
Kilpatrick, Cody, Rogers, McClatchey & Regenstein
Suite 400
2033 K Street, N.W.
Washington, D.C. 20006
Re:
United States of America v. The State of Maine.
Gentlemen:
In the course of our review of the Joint Memorandum of
Understanding developed by the vfui te House ~'Vork Group and representatives of the Penobscot and Passamaquoddy Tribes, a number of
questions have been raised. We believe that, prior to development
of any final State position on the proposed settlement, answers to
these questions are necessary.
It is unfortunate that we did not
have an opportunity to pose these questions to the Work Group prior
to the preparation of the Joint Memorandum.
1.
Past State Payments.
In the past 15 years, the Maine taxpayers have contributed
approximately $15,000,000 to provide social services, housing and
other support to the Indian Tribes. The federal government now
recognizes that it is obligated to provide support for the Indian
�P~ge
2
Tribes and that it has been obligated to provide support services
for many years past because of the trust relationship it now asserts
to exist.
In light of the present federal position regarding its
responsibilities for financial support of the Indian Tribes, is the
federal government prepared to reimburse the State of Maine for
the support provided by the State in lieu of the federal support
which should have been available to the Indian Tribes?
· :)
Assuming that the federal government is correct in demanding
State participation in a settlement as a quid pro quo for federal
involvement (a principle with which we take exception), why were
Maine's past payments to the Tribes insufficient to satisfy this
principle? Has consideration been given to the fact that none of
the other states involved in Trade and Intercourse Act claims,
Massachusetts, Rhode Island, Connecticut or South Carolina, ever
made similar payments to the Tribes located in those states? In
view of Maine's extraordinary efforts (approximately $10 - $15 million
in the last 19 years alone), why is more expected by the federal
government from Maine citizens and taxpayers? Why is it fair to
Maine to expect more of Maine taxpayers who acted in good faith all
these years in taking care of what are now asserted to be federal Tribes?
2.
Integrity of State Laws.
The Joint Memorandum indicates that any lands acquired by the
Indians be within the State's criminal and civil jurisdiction
subject to "retrocession" which would terminate state authority over
the· lands. The question of the status of enforcement of state laws
on acquired Indian lands would appear to require resolution prior to
any settlement because of the many implications involved. For
example, in developing new businesses, as is proposed wi~~ the $25
million federal contribution, would the Tribes take advantage of
exemption from state consumer protection, environmental, work place
safety or minimum wage laws to compete unfairly with other Maine
business who must remain subject to these laws? What protections,
if any, will exist for wild animals and fish which live in or cross
the acquired Indian lands? What protections will there be for
abutting landowners from such problems as stream siltation, air
pollution or noise which may result from uncontrolled industrial
and commercial activity, such as clearcutting timber, on Indianacquired land?
3.
Tax Losses.
At current rates of taxation ($0.75- $0.80 per acre) the
State will lose at least $400,000 a year in taxes on the 500,000
acres which it is proposed that the Indians would acquire. Assuming
an increase in this tax rate over the course of time, this tax loss
will surely increase. Will this be the limit of tax losses or will
there be other tax losses? For example, w.ill all improvements on
�Page 3
this property be exempt from State taxation? Will business transactions on this property be exempt from State sales and income taxes?
would the exemption from State sales and income taxes be limited to
transactions between Indians or would the exemption, if there is to
be one, also extend to transactions between Indians and non-Indians?
we understand that there is litigation in process in Washington State
to determine whether an Indian Tribe can sell tax free cigarettes to
non-Indians. The sale of such cigarettes has cost the State of
washington an estimated $8 - 14 million in lost revenues already.
Is there likely to be a similar problem in Maine with lost taxes?
4.
Easement Uses and Fish and Game Laws.
The proposed settlement requests the Indians be given easements
to hunt and fish and collect brown and ye 1 1 ow ash on approximately 3 million acres. How intensive a use is contemplated under
these easements? Will the uses under these easements be subject to
State criminal laws, fish and game laws, and other necessary State
controls designed to prevent abuse of land and resources?
5.
Other Indians in Maine.
The Joint Memorandum makes no provision for claims of or federal
support forother Indians in Maine, i.e., the Micmac and Maliseet
(Malicite).
It is entirely possible, however, that either or both
of these tribes may assert against the State the same kind of claims
asserted by the Penobscot and Passamaquoddy.
Indeed, it has curiously
been ignored that the 1794 agreement that forms the basis of the
Passamaquoddy claim was executed by Massachusetts, not only with the
Passamaquoddy, but other eastern tribes, which appears to include the
Micmac and Maliseet. What precedential value will the proposals in
the Joint Memorandum have on these other latent claims? Is the
federal government prepared to extinguish these other claims? Will
the federal government take the same posture toward settlement in
those cases as it does in this?
6.
Changes from the Gunter Plan.
The Joint Memorandum contains an agreement by the White House
to extinguish the Tribal claims to 9,200,000 acres in return for a
payment of $25,000,000. This is in contrast to Judge Gunter's
proposal to extinguish claims to 12,000,000 in return for the same
amount of money. Why did the White House decide to still pay
$25,000,000 to the Tribes but extinguish a smaller amount of the
claim? Since we understand the original proposal of Judge Gunter
to have been characterized generally by President Carter as fair
and equitable, why did the White House retreat from the position of
Judge Gunter that no private landowners be held responsible? Does
the White House now take the position that indeed some landowners
are, because of the size of their holdings, more guilty than others
and less deserving of the protection originally fashioned by Judge
Gunter? If so, why?
�Page 4
7.
Land Acquisition Costs.
The federal government proposes to assist the Indians in
acquiring approximately 300,000 acres of land from private landowners for a payment of approximately $1.5 million, or $5 an acre.
At the same time, we understand that a tentative settlement has
been reached in a similar suit in Rhode Island, that involves a
proposal under which the federal government will acquire land
for the Narragansett Tribe at fair market value. Assuming that
the federal government agrees to assist in that settlement by
acquiring land at fair market value, why should Maine lands purchased to resolve a similar dispute be acquired for far less than
fair market value? Is the federal government prepared to reconsider
its position and pay prices at or near fair market value for land
acquired in Maine?
8.
Payments to Interior Department.
The proposed settlement contemplates that any payments by the
State to the Indians be paid through the Interior Department.
If the
settlement is to be between Maine and Maine's Indians, why should the
Interior Department play a middleman role in payments? Would it be
preferable to keep the money in Maine by making any payments from
Maine direct to Maine's Indians without channeling the funds through
a Washington bureaucracy which might mandate uses of the funds in a way
desired by neither the State nor its Indians?
9.
Baxter
Park Easement.
The Indians have requested, as part of the settlement, a
religious easement in Baxter State Park.
Precisely what uses are
contemplated under this easement? By this request for an easement,
do the Indians seek special privileges not accorded to other citizens, or are they merely requesting permission to do something which
they could now do with approval of proper authorities?
10.
Responsibility for Services.
It has b~en suggested that the Indians would undertake a number
of economic development projects with funds received as part of the
settlement. Such projects will necessarily increase demand for
certain services traditionally provided by the State, such as highway maintenance and highway improvement arid forest fire protection.
Will the State continue to be called upon to supply such services, or
will such services all be provided with the $3 to $5 million a year
which the federal government contemplates giving to the Indians?
�Page 5
11.
Changes in Federal Assistance Patterns.
If the Indians acquire the land they are seeking, will the
federal government provide a greater level of assistance to Maine
to acquire more park lands for use by all Maine citizens? Similarly,
if the Indians acquire the lands they are seeking, will those lands
be deemed federal public lands so that the State will receive an
increase in the funds the State is paid under the Federal Highway
Trust Fund? Are there other areas in which.federal aid patterns to
the State would change - for better or worse - as a result of the
Indian settlement?
12.
Contribution from Massachusetts.
The agreements ("treaties") of 1794, 1796 and 1818 which form
the bulk of the claim against Maine and its citizens were in fact
executed by Massachusetts. Assuming arguendo that these agreements
were made in violation of the Trade anq Intercourse Act, it must be
concluded that the State of Massachusetts perpetrated these "wrongs."
Inasmuch as Maine was only assigned the treaties when it became a
State, an assignment imposed upon it by· Massachusetts as a condition of its statehood, why was no consideration given to, in fairness, demanding a contribution from the State of Massachusetts?
Are citizens of present day Maine any more responsible for the
events of 200 years ago than the citizens of present day
Massachusetts?
I look forward to your answers since they will affect our
response to the proposals in the Joint Memorandum.
Sincerely,
J:::tf.~~
Attorney General
JEB/ec
cc:
Honorable James B. Longley
Honorable Robert Lipshutz
Honorable Edmund S. Muskie
Honorable William D. Hathaway
Honorable William S. Cohen
Honorable David F. Emery
Members of the Maine Legislature
�
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Title
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William S. Cohen Papers
Description
An account of the resource
Documents from the William S. Cohen Papers have been provided by the Raymond H. Fogler Library, University of Maine. Additional information about the collection can be accessed on their <a href="https://library.umaine.edu/cohen/" target="_blank">web page</a>.
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Identifier
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UMAINE037
Title
A name given to the resource
Letter to White House Work Group from Attorney General Joseph Brennan (03/02/1978)
Date
A point or period of time associated with an event in the lifecycle of the resource
3/2/1978
Source
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J. Russel Wiggins Papers
J. Russel Wiggins Papers, Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, Box 53, Folder 28
Language
A language of the resource
English
Description
An account of the resource
Questions that the State would have liked to have posed to the Work Group prior to preparation of Joint Memorandum. Questions regarding loss of state jurisdiction, land use, future Indian claims (incl. Micmac). If Maine must give financial contribution (in addition to the financial contribution of the federal government), why not Massachusetts too?
Type
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Text
Documents
Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes courtesy of Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine. Prior permission is required for any commercial use.
A. Stephens Clay
Bob Lipschutz
Eliot Cutler
Governor James B. Longley
Governor Joseph Brennan
Leo Krulitz
Micmac
Representative David F. Emery
Senator Edmund Muskie
Senator Hathaway
Senator William S. Cohen
White House Task Force
White House Work Group
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c6e0dc5fc83a52ee9284ec7ece75729f
PDF Text
Text
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TO:
Eliot Cu.tle..tr. 1 Le.a K1tulLtz and A. Ste.ve.n Clay,
White. Hou-6 e. Tct.~k FolLc.e. on I nd,i,an CLLam.6 -ln ,\{ctJ.JH,
FROM:
Pa1.> .6 amaq uo ddy I Pe.no b1.:, c.o t Ne.§ ot,£a.tio ~i Co mmLt.te. e.
SUBJECT:
Se..t.tle.me.n.t Pac.kage.
VATE:
No v e.m b e..tr. 1 1, 191 7
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.
Al.> it!.> c.ont.tr.ibution to the. 1.>e.t.tle.me.n.t 06 .the. Pa1.>1.>amaquoddy and
Pe.nob1.>c.ot land c.laim~ and ln Jc.e.tu.tr.n 60.tr. .tr.e.linqui1.>hme.nt 06 the.
c.laim.6 06 the. 1.>ald Nation!.> to p.tr.ivate.ly he.ld land, the. 6e.de..tr.al
gove.tr.nment .ahdll:
1.
Ac.qtti.tr.e. and talze. in t1tu1.>t 60.tr. the. be.ne.6it o-6 the. Pa-61.>amaquoddy
and Pe.nob1.>c.ot Nation!.>, 500,000 ac..tr.e..6 06 land in the. S,tate. 06 Maine..
The.. 1.>aid land!.> a.tr.e. to be. ac.qu.i...tr.e.d in ac.c.o.tr.da.nc.e. with a .6e.le.c.tion.
p.tr.oc.e..6.6 e.1.>tabli.ahe.d with the. eon.ae.nt 06 the. 1.>a.id Nation.a.
1
2.
Pay the. Nation!.>, $50,000,000 in c.a1.>h to be. utilized by the.m
60.tr. the.ill. be.ne.6it. Suc.h 6un~ 1.>hall be. admlni1.>te..tr.e.d by the.
individual Nation!.>, but no pa4t 06 the. p.tr.lnc.ipal 1.>hall be. dl1.>t.tr.lbute.d on a pe..tr. c.apita ba1.>i1.>.·
3.
P.tr.ov-lde. $6,000,000 pe..tr. ye.a.fl. in 1.>e..tr.vic.e.1.> 6.tr.om the. Ve.pa.tr.t.me.nt
06 the. Tnte..tr.io.tr. 60.tr. the. ne.x,t te.n (10) ye.a.tr.I.> and p.tr.ovide. a p.tr.opo.tr.tional 1.>ha.tr.e. 06 1.>uc.h de.pa.tr.tme.ntal 1.>e..tr.vic.e.1.> the..tr.e.a6te..tr. wi.thout
te..tr.mination, p.tr.ovide.d, howe.ve.Jc., that in no . e.ve..nt 1.>hall the. amount
06 .auc.h 1.>e..tr.vic.e.1.> be. le.1.>1.> than $6,000,000 pe..tr. ye..~.tr..
A p.tr.opo.tr.tional annual 1.>ha.tr.e. 06 de.pa.tr.tme.ntal 1.>e.tr.vic.e.1.> 1.>hall be.
de.6ine.d a1.> .that amount whic.h Jc.e.1.>ult1.> 6.tr.om dividing the. a~nual
Ve.pa.tr.tme.nt 06 the. Tnte..tr.lo.tr. Indian app.tr.op.tr.iation1.>, e.xc.luding 6und1.>
app.tr.op.tr.iate.d 60.tr. the. be.ne.6it 06 the. Pa1.>1.>amaquoddy and Pe.nob1.>c.o.t
Indian!.> by the. total Indian 1.>e.tr.vic.e. popula.tlon 06 the. Ve..pa.tr.tme.nt,
e.xc.ludlng Pa1.>1.>amaquoddy and Pe.nob£c.ot me.mbe..tr.1.> 06 the. 1.>e..tr.vlc.e.
population and then multiplying that amaun.t by the. total-1.>e..tr.vlc.e.
population 06 the. Pa1.>1.>amaquoddy and fe..nob1.>c.ot Na.tlon1.>.
4.
P.tr.ovide. 1.>e.Jtvic.e.1.> 6.tr.om the. Indian He.~lth Se..tr.vic.e. 06 the. Ve.pa.tr.tme.nt
06 Health, Educ.ation and We..lia.tr.e.. at a .tr.ate.. de.te.Jtmine.d by the. Nation!.>
and the. Indian He.al.th Se.Jc.vice in c.onjunc.tion with the. 066ic.e. oo Manage.me n.t J. ''Ld Budg e.t.
In no c.a1.>e., 1.>hall the. amount be. le.1.>1.> than $2,000,000 pe..tr. ye.a.tr..
P.tr.ovi1.>ion 06 1.>e..tr.vic.e.1.> un.de..tr. thi1.> pa.tr.ag.tr.aph and pa.tr.ag.tr.aph #3 1.>hall
not p.tr.e.c.lude. the. Nation!.> 6.tr.om 1.>e.e.~ing additional alloc.ation1.>, 6.tr.om
the. a6o.tr.e. me.ntione.d Ve.pa.tr.tme.nt1.>, 60.tr. 1.>pe.c.ial p.tr.oje.c.t1.> no.tr. the.. be.ne.oit
and u.1.>e. 06 the. Pa1.>1.>amaquoddy and Pe.n.ob1.>c.ot Indian!.>.
�5. 1n-6ulte. that all la.nd-6 ac.qul1te.d pu1t-6uant .to paltaglta.ph #1
and all land-6 plte-6ently held by ~he Natlon-6 a-6 1te6e1tvatlon-6 be
c.on-6lde.1ted ~ndlan Count1ty, exempt. 61tom -6.tat~ taxation and Jtegulatlon, lnc.ludlng hunting, 6l-6h..i..ng 'and tJtapplng fl.e.gula:tlon-6, e.xc.e.pt
c.lvi~and c.fl.iminal Ja1tl-6dic.tlon..
Wlth 1tega1td to c.lvll and c.Jtiminal ju1tl-6dlc.tion, the. 6e.de.1tal gove.Jtnme.nt .6hall p1tovide oo!r. c.lvll a.nd c.1titnln(t.f. juJr.L!)cfJ..c.tJ.on b11 the.
State. o 6 Maine. du1tlng coi inlt-tal -6.tu. dy .pelt.lad, not .to e.xc..e.e.d two
ye.afl.-6, du1tlng whlc.h tlme. the. Aald Nation-6 -6hall de.te.nmlne. whe.the.n
the.y wl.oh to have. the.lit land.6 c.on.6lde.fl.e.d Indian Countlty 601t
pull.po-6 e.1.> a 6 c.lvil and c.fl.lmlna.l j uJti-6 dic.tlo n. In, at any tlm e.
du1tlng the. 1.>aid.two yealt pe.ll.iod the. Natlon-6 -6hall de.c.lde. to have.
the.ill. land-6 c.on-6ide.~e.d Indian CountJty 6ofl. pu1tpo-6e.-6 06 c.lvll and
c.Jtimlnal jufl.i-6dic.tlon, then the. ju1tl-6dic.tion 06 the. State. 06
Maine. 1.>hall c.e.a.-6e. 601t the-6e. pultpo-6e..6.
6.
Ac.qul1te. e.a-6e.me.nt-6 601t pu1tpo-6e.-6 06 hunting, 6i-6hlng and tltapping
601t non-c.omme.Jtc.lal pu!tpo-6 u 67l..om the. la1tg e. i.andholde.Jt-6 within the.
null potential c.lalm all.ea, a.-6 de.6ine.d by the. Ve.pa1ttment oo Ju-6tlc.e.,
on all land-6 he.id by J.>uc.h c.ompanie.-6 in the. State. 06 Maine.. P1tovlde.
in all le.gl-6latlon e.66e.c.tuatlng a 1.>ettle.me.nt 06 the. c.lalm-6 that the.
1tlght 06 the. Nation-6 to hunt, 6i-6h and tltap 601t non-c.omme.Jtc.ia.l
pultpo-6e.-6 wlthln the State. 06 Maine. aJte. not e.xtinqul-6he.d, and
obtaln, thJtough ne.gotlatlon. o4 litigatlon the. Natlon-6 !tight to
e.xe.1tc.i-6e. 1.>uc.h Jtight-6 th1toughout the. 6ull potential c.laim all.ea
without inte.1t6e.1tanc.e. 61tom the. State. 06 Maine..
~ 7. ·
Ac.quiJte. a de.e.ded Jtlght to obta.ln bJtawn and yellow a-6h · 61tom
the. land-6 06 the. Lange. lan.dholde.Jt-6, a-6 me.ntione.d in pa1tag1taph 7,
on the. land-6 06 J.>uc.h landholdelt-6 within .the. State. 06 Malne..
8. Obtain an. agtr.e.e.me.nt 61tom the Ba.ngolt Hydno El.e.c.tnlc. Company
.to c.e.a-6e. 6loodin.g 06 the. Pe.nob-6c.ot Re.J.>e.Jtvatlon..
9.
P1toc.e.e.d on be.ha.lo 06 the. Na..tlon-6 agaln-6t the State. 06 Malne.
.to Jte.c.ove.Jt plto-6-6 e.J.dlon o 6 atl la.nd-6 ·a.n.d wate.Jt-6 hild by .the. State.
06 M~ine. within the. 6ull potential c.laim aJte.a, toge.the.ft with
mone.taJty tJte.-6Jpa-6-6 damage.-6 604 .the. Wltong6ul withholding a6 J.>uc.h
land-6 and wate.Jt-6.
P1tovide. authotr.ity, a.,~ paltt. 06 ,the. land -6e.le.c.,tlon pltogltam
.to be. e.J.>ta.blil.)he.d pult-6uant to pa1tag1taph #7 to ac.quiJte. land-6
wi.thln Indian Townjhip, P1tlnc.eton, Malne. whlc.h aJte. plte.J.>e.ntly held
by non-Indian!.) ln the event -6~~h non-1ndl~n l~ndholdelt~ alte.
unwilling to volunta1tily -6e.ll thellt lnte.Jte.Jt ln Juc.h land-6,
pltovide.d howe.ve.Jt, that the. -6aid non-Indian landholde.Jt-6 may be.
pe.1tmi.t.te.d to Jte.tain a ll6e. e.-6ta.te. ln any -6uc.h p4ope.~ty .to be.
ac.qui~e.d pult-6uant to J.>uc.h autho1tity.
10.
P1tovide. the PaJJamaquoddy and Pe.nob-6c.ot Indian-6 06 Maine wl.th
the. Jame. e.xe.mptlon 61tom .the Ma1tine. Mammal P~o.te.etlon. Ac..t a-6 i-6
c.ull.Jte.n.tly a6601tde.d the. IndiaM 06 the. No1tthwel.)t Coal.).t.
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National Congress of American Indians Records
Description
An account of the resource
Documents from the National Congress of American Indians Records have been provided by t by the National Museum of the American Indian Archive Center. Additional information about the collection can be accessed on their <a href="http://www.nmai.si.edu/explore/collections/archive/" target="_blank">web page</a>.
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NMAI027
Title
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Memo from Passamaquoddy and Penobscot Negotiation Committee to the White House Task Force on Indian Claims in Maine, describing the terms which the Passamaquoddy and Penobscot Negotiation Committee agrees to in exchange for relinquishment of their land claims. (11/11/1977)
Date
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11/11/1977
Source
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National Congress of American Indians Records
National Congress of American Indians records, Box 531, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “[Maine Indians - Land Claims - General, I] [1 of 3]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
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English
Description
An account of the resource
This document refers to a jurisdictional arrangement where tribal lands are "considered Indian Country, exempt from state taxation and regulation, including hunting, fishing, and trapping regulations, except civil and criminal jurisdiction[, which will belong to] . . . the State of Maine during an initial study period, not to exceed two years . . . ." It also requests federal legislation that specifies that "the right of the Nations to hunt, fish and trap . . . are not extinguished."
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Text
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the National Museum of the American Indian Archive Center. Prior permission is required for any commercial use.
A. Stephens Clay
Eliot Cutler
Extinguishment of Claims
Hunting and Fishing
Jurisdiction
Leo Krulitz
White House Task Force
White House Work Group
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/5ee58c499a351936c6e5c5e3b9449008.pdf?Expires=1712793600&Signature=tzVagRGcFNP1KVXx8MUmdB3pfbWUjbiU7kf0tMphFi1J9XYTj%7E3Mn2gWjZyvqvRk-Pwx3E1UqZL016IwMf3JusfQvk-WUZs13NGfkPsDm1s0WM0qzK-YnORMi86TQBnBnE5m12TzuO6iEom3rhcL6LkaQxlMXD5NIGaW1Bv01axJsXdVtwNDa0eFE8aIejDJiVX6Dj7TkM5HdMjJH0zOhwbl44OmPS99qKGuOgOeUM%7EWkwiyaD7hiAJ2wkFqM5zHjutr6qK1h6DgyU-eemt67e2p-jCbFFN9DPgLY3brLlqDFOG84GKyONCiX7zcMGvM5WCjSficgaKB%7EovAis4ePQ__&Key-Pair-Id=K6UGZS9ZTDSZM
63f64da786edc39f8784439f0321b6b0
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Text
DRAFT/SSH/TMWS/12/30/77
MEMORANDUM
TO:
El.tiott Cutller
Leo Krulitz
A. Stephen Clay
White House Task Force on
Indian Claims in Maine
FROM:
Passamaquoddy/Penobscot Negotiation Committee
SUBJECT:
Settlement Package
DATE:
January 2, 1978
This memorandum will set forth those items on which we
have agreed as of our meeting last Thursday and our proposals
for resolution of those items, which remain unresolved.
For
convenience, we will use the outline adopted in our November 11,
1977, memorandum.
Numbers 1 and 2.
With regard to the land and cash
elements of the settlement, it appears that we mutually agreed
upon the following:
a.
That the federal government will seek an
overall settlement for our entire . claims, not merely those
against private defendants, as initially contemplated.
b.
That the Nations will agree in advance to
accept one of four possible settlement alternatives:
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rt
i ~ ~ ,~
·-~
-2(1)
Settlement of claims against small
landowners, litigation for possession and trespass damages
against all others;
(2)
Settlement of claims against all
private landowners, litigation against the State of Maine;
(3)
Settlement of claims against small
landowners and the State of Maine, litigation against large
landowners;
(4)
(c)
Settlement of all claims.
That the State of Maine and the large landowners
will be required to enter into any settlement which involves
the relinguishment of claims to their lands, and as in the
event an adequate contribution cannot be obtained from either
the state or the large landowners, that the Tribes will accept
a settlement alternative which does not require contribution
from those that refuse to contribute. 1/
(d}
That the agreement by the Nations to accept the
alternative settlements will expire 90 days after the terms of
1/
Agreement on this item is conditioned on the Tribe
having input into determining whether an adequate effort has
been made to obtain a contribution from the state or from large
landowners.
�-3such alternative settlements are agreed upon by the Nations and
the White House Task Force.
(e)
That the terms of the alternative settlements
will constitute minimums, and that in no event will the Nations
be ~sked to accept less than the amount specified.
(f)
That all the lands acquired in settlement shall
be held in trust for the benefit of the Nations by the federal
government.
(g)
That when the Nations and the White House Task
Force refer to lands to be acquired for settlement, they are
referring to high quality woodlands of the sort which presently
has a market value of $150.00 per acre.
(h)
That all funds acquired in settlement shall be
held in trust by the Nations on terms agreeable to them and the
federal government and that no part of the principal shall be
distributed on a per capita basis.
With this agreement, Items 1 and 2 appear to involve
only the amounts in question.
As we indicated in our meeting,
it is our feeling that your proposal falls far short of Judge
Gunter's recommendation.
That recommendation called for us to
�. 'f
·. ;\ :;/:'
-4receive $25,000,000.00, 100,000 acres of land, and "normal"
services from the Bureau of Indian Affairs."
At the same time,
however, the Judge recommended that the Department of the
Interior use its best efforts to acquire long-term options for
us on an additional 400,000 acres of land.
It would have had
the State of Maine continue forever to appropriate annual
benefits for us at a rate equal to the average of the state's
current and last four year's Indian expenditures.
These last
two items were simultaneously added by Judge Gunter shortly
before he presented his report to the President.
While it is
true that the provision calling for continued state benefits was
in a form of a - suggestion rather than a demand, and that the
option for it to be exercised with "tribal funds", the clear
intent was the continued state benefits would yield the tribal
funds that would be used for this purpose: either directly
through payment in a form of an annuity or indirectly by freeing
up funds from the Tribe's federal services budget.
In any
event, Judge Gunter saw us eventually receiving 500,000 acres,
whereas your proposal offers less than half that amount.
In addition to the foregoing, in considering our
proposal we would also ask you to remember that in our previous
submission you were only asked to set forth terms for settlement
of our claims against private defendants, whereas we are now
asked to specify an overall settlement.
Keeping these facts in
�-5mind, we propose the following:
(a chart - to be left blank now)
Numbers 3 and 4.
We are agreed that the final settle-
ment will not specify a specific dollar amount for services, but
will carry a pledge that the Nations will be considered fully
federally recognized Tribes, will receive federal services on a
level comparable to other federally recognized Tribes, and that
the eligibility of the Nations for such services shall not be
terminated.
We are also in agreement that we will hold further
talks concerning inclusion in the FY 79 Budget (or an earlier
supplemental appropriation) of a special line item for capital
improvements acquired by the Nations as a results of 145 years
of federal neglect.
Number 5.
We are in agreement that the lands acquired
pursuant to Sections 1-2 shall be treated for governmental
purposes as lands of other federally recognized Tribes are
treated, and that we shall hold further talks to determine the
appropriate means of accomplishing the Nations' desire (as
specified in our memorandum of November 11, 1977) to have the
State of Maine exercise civil and criminal jurisdiction during
an initial study period.
�-6Number 6.
We are agreed that the federal government
shall acquire easements for non-commercial hunting, fishing,
and trapping for the large private defendants, that such
easements shall run with the land, but may include
such
easements may include an exception prohibiting the right to
exercise such rights within a fixed distance of any existing
or future dwelling.
We have not discussed, and we are in
apparent disagreement, over on how much of the lands of these
defendants these easements shall apply to.
We are in agreement,
however, that the settlements shall preserve the full rights of
the Nations to hunt, trap, and fish on the lands obtained in
the settlement and lands they presently possess, but that their
members will be subject to regulation by the State of Maine
off-reservation
when they hunt, trap, or fish on/lands of the State of Maine.
Number 7.
We are in agreement that the federal
government will acquire a needed right to obtain brown and yellow
ask from the land of large private defendants in our claim.
Number 8.
We are in agreement that we will discuss
the problem of flooding by Bangor Heights Electric Company
further.
Number 9.
We are agreed that in the event an overall
settlement is not obtained as specified in Sections 1-2, that
the federal government will proceed on behalf of the Nations as
�..
I
'";r
-7specified in that section, and that in the event we are unable
to agree on proposed terms for settlement, that the federal
government will proceed to litigate our claims as specified in
the Report of the Justice Department to Judge Gunter.
nterior has agreed
The Depart:nent of the
that even if we are unable to agree on settlement terms
at this juncture, that the Department will oppose any legislation
which seeks to extinguish our claim without our consent.
[We are
agreed that even if we are unable to reach a settlement at this
juncture, that the Department of the Interior will oppose any
legislation which seeks to extinguish our claims without our
consent].
We understand, however, that the President will not
unconditionally promise to veto such legislation if we are unable
to agree on settlement terms.
We have not discussed, but would
want a pledge from the President, both .in writing and in person,
that if we do reach an agreement on settlement terms but
the
government is unable to secure sufficient contributions from
either the large landowners or the State of Maine and is thereby
obliged to proceed with litigation, that the President would
vigorously oppose and veto any congressional effort to extinguish
such remaining claims without our consent.
Number 10.
We are agreed that it would be advantageous
if the private non-Indian landowners within Indian Township could
be convinced to voluntarily sell their claims to land within that
Township, and that we will make a good faith effort to obtain
�,·
'
-8such consent.
Number 11.
We are still awaining information from
the Department of the Interior concerning the Marine Mammal
Protection Act.
Number 12.
We have not reached agreement on the legal
forum which an ultimate settlement would take.
�
Dublin Core
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Title
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National Congress of American Indians Records
Description
An account of the resource
Documents from the National Congress of American Indians Records have been provided by t by the National Museum of the American Indian Archive Center. Additional information about the collection can be accessed on their <a href="http://www.nmai.si.edu/explore/collections/archive/" target="_blank">web page</a>.
Text
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
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Identifier
An unambiguous reference to the resource within a given context
NMAI013
Title
A name given to the resource
Memo from Passamaquoddy and Penobscot Negotiation Committee to the White House Task Force on Indian Claims in Maine (Draft), regarding the settlement package that is being negotiated (01/02/1978)
Date
A point or period of time associated with an event in the lifecycle of the resource
1/2/1978
Source
A related resource from which the described resource is derived
National Congress of American Indians Records
National Congress of American Indians records, Box 531, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “[Maine Indians - Land Claims - General, I] [1 of 3]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
A language of the resource
English
Description
An account of the resource
Memo from Passamaquoddy/Penobscot Negotiation Committee "sett[ing] forth those items on which we have agreed . . . and our proposals for resolution of those items, which remain unresolved." Of particular interest is the mention of engaging in "further talks to determine the appropriate means of accomplishing the Nations' desire . . . to have the State of Maine exercise civil and criminal jurisdiction during an initial study period."
Type
The nature or genre of the resource
Text
Documents
Format
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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
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the National Museum of the American Indian Archive Center. Prior permission is required for any commercial use.
A. Stephens Clay
Eliot Cutler
Extinguishment of Claims
Hunting and Fishing
Jurisdiction
Leo Krulitz
Passamaquoddy and Penobscot Negotiation Committee
White House Task Force
White House Work Group
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/5938d2fbb878671378fb4cc42595f717.pdf?Expires=1712793600&Signature=kIrwKoRN6ALYmkJxwTYzkW5chk00jfG33QPhrpoDU2%7EeUhbp2lVb460lD8Pd2IVaorWNAh2NTQn2WxF0V%7E7r6QjQxrsLNAvlTYWZWooJ-YKVrYakp14iLLEF7e6TVHf0eCAg1hck60v-7k12P0wxdH5lqHmA0n-F67i9eW86AW6qmbAxAjmqqnVdsxnI7lYTY46f%7EiFnOu5nN31hdn8OAZjC4FRsW-Enr5JV65xU3MlnE3g7xfp-574USbliaycwjeghuCjXgCzF40duHaOvWwI3bC2CJzcUNd-kBDoUA0-8fgo4Mq44mLK2139n6XapFJHLAEJkTc66%7Ej4YhJMK2w__&Key-Pair-Id=K6UGZS9ZTDSZM
a7819b2a7eb6e57df13915de77fbb57d
PDF Text
Text
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UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR
WASHINGTON. D.C.
20240
JAN 1 2 1978
MaDRANIXJM
To:
Passamaquoddy and Penobscot Negotiation Connni ttee
Frbm:
Eliot Cutler, Leo Krulitz and Steven Clay
White House Work Group on Indian Claims in Maine
· Re:
Settlement Package--Response to January 3, 1978 Proposal
We offer the following changes to your proposal of January 3,
1978:
Items 1 and 2
(c)
We agree . with the concept that the State and the large
landowners (as a class) should contribute to the settlement
if they are to be released from liability. The ·white House
Work Group reserves the right to detennine the amount
of the contributions, subject to obtaining for the Tribes
the relevant total amount of money and land specified below.
Footnote 1 to (c) is not acceptable.
(d)
The Work Group will have 60 days after the tenns of the
alternative settlements are agreed to in which to reach
an agreement in principle with the respective parties.
(g)
We agree to try to obtain 300,000 acre? of land under
alternatives 2 and 4 upon the ·condition that the land be
average quality woodland which has a current market value
of approximately $112.50 per acre as indicated in Note 2
(page 4 of your proposal) rather than $150 per acre.
(h)
Without accepting or rejecting your analysis, we would
agree to the following land and ooney:
�--·
...
- · ·- -
.~
-2-
-'I
·I!
Land
M>ney
1
-0-
$25,000,000
2
300,000 acres plus best
efforts to acquire options
to purChase 200,000 acres
$25,000,000
3
-0-
$40;000,000
4
300,000 acres plus best
efforts to acquire options
to purChase 200, 000 acres
$40' 000' 000
Alternatives
'2-Y-S
~ 3 . .s--
We agre~, also, that to facilitate acquisitions of the land the
Federal Government will offer to purchase ~art or all of the 300,000
acres at book value up to a total cost of $5,000,000. This cost is
not reflected in the dollar numbers above.
~We will use our best efforts to acquire _he options indicated
t
above. The options would be exercisable by the Tribes at market
value at the time exercised. Tribal ftmds would be used to exercise
the options.
As previously indicated the amotmt of land and money to be
obtained from the various parties would be detennined by us • · We
have concluded that it ' is unrealistic to try to. obtain as much as .
$22,500,000 from the State of Maine given their limited exposure in
obligation on the part of the State to continue to provide services
to the Tribes.
·
We do not believe the comments on page 5 require a response.
Items 3 and 4
We are agreed that the final settlement will not specify a
specific ·dollar amount for services, but will carry a pledge that
the Nations will be considered fully federally recognized tribes,
will receive all federal services, benefits and entitlements on the
same basis as other federally recognized tribes. We will respond to
the capital improvement budget item after we have received your list
of proposed projects. If option 3 or 4 is implemented, Federal services
will be exclusive·.
'
;
�.. .
,
.
. '!'
-3-
Item 6
Our position on this item remains as setforth in our last proposal
to you. We understand that the Irembers of the Nations will be subject
to State regulations when hunting, fishing, fowling, trapping and
gathering off reservation lands.
Item 7
We will use our ·best efforts to acquire a deeded right to obtain
brown and yellow ash from the lands of the large private defendants.
Item 9
. Our position on Item 9 remains as originally setforth in our
previous memorandtnn to you. As we have previously indicated, no
assurances can be given with regard to a Presidential Veto. If you
approve the alternative terms of settlement as setforth herein, we
will vigorously pursue a final solution on those terms.
Other i terns in our December 16, 1977 Settlement Package MemQ
not specifically modified by this proposal continue to be requirements
of a settlement.
�
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
A name given to the resource
National Congress of American Indians Records
Description
An account of the resource
Documents from the National Congress of American Indians Records have been provided by t by the National Museum of the American Indian Archive Center. Additional information about the collection can be accessed on their <a href="http://www.nmai.si.edu/explore/collections/archive/" target="_blank">web page</a>.
Text
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
NMAI003
Title
A name given to the resource
Memo from Eliot Cutler, Leo Krulitz and A. Stephens Clay to the Passamaquoddy and Penobscot Negotiation Committee, in response to the Negotiation Committee's proposal of 01/03/1978. (this document dated 01/12/1978)
Date
A point or period of time associated with an event in the lifecycle of the resource
1/12/1978
Source
A related resource from which the described resource is derived
National Congress of American Indians Records
National Congress of American Indians records, Box 532, Misc. Rec. of S. Harjo, Eastern Land Claims, Folder Titled “[Maine Indian Claims—General, VI]”; National Museum of the American Indian Archive Center, Smithsonian Institution
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
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the National Museum of the American Indian Archive Center. Prior permission is required for any commercial use.
A. Stephens Clay
Application of State Law
Eliot Cutler
Hunting and Fishing
Jurisdiction
Leo Krulitz
Passamaquoddy and Penobscot Negotiation Committee
White House Task Force
White House Work Group