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()A1J.
Tentative Response of the Passamaquoddy Tribe ~ the Penobscot
Nation to State Proposals for Amendments to S. 2829
The Passamaquoddy Tribe in the Penobscot Nation tentatively
proposed the following amendments to the State proposals for
amendments to S. 2829:
1.
The tribes are ~enerally in~reement with the proposed
Committee report language, but would suggest a redraft as follows:
.,The Committee was advised by the Secretary of his
concern that the set-off provisions in $2211(2) and (4)
of the Maine Implementing Act may work to defeat the
intent of federal financial assistance to Indian Tribes,
since it would appear on its face to permit the State
to use federal monies to supplant State monies.
ever, after further
i~quiry,
the Committee
How-
b~l~e~~s~
the Implementing Act is not inconsistent with existing
federal policy.
Specifically, the Committee understands
that to the extent the United States provides funds to
tLe )la ine trib2s,
~c..i:t. .. c
I .. 1~ian
~1cusiJ.1~
At:.thu:_·i·::ies, cr
local Indian public schools in Maine for programs which
are intended to be supplemental to the State program,
the set-off provisions of 2211(2) and (4) will not
apply.
The term "substantially similar purpose" as used
in the Implementing Act \vas not intended to include
federal funds intended to enhance, enrich, or
supplement programs provided for under State law.
for example, were the BIA funds a remedial reading
program for Indians, as in the case of the Johnson-
Thus,
�-2~
I
I
O'Malley Act programs, such programs would not be
"substantially similar" to a basic State educational
grant and would not supplant State funding.
By the
same token, because the set-off provision does not
apply to any federal contribution which is not in
excess of "any local share ordinarily required by
State law as a condition of State funding,
11
the
provisions of 6211(2) and (4) will not alter existing
federal policies and programs such as
Imp~ct
Aid or
Medicaid.
2.
In lieu of the State's proposed changes for §4(a) (2) and
I
(4} (a) (3}, the Tribes
§4
~
tentatively propose the following new
( 2 ) and ( 3 ) :
(2)
The United States is barred from asserting by or
on behalf of any Indian, Indian nation or tribe or
band of Indians any claim under the
arising from any transfer of land or
la~vs
of the State
other~natural
resources located anywhere within the State of Maine,
from, by or on behalf of any Indian nation or tribe
or band of Indians including but without limitation
any transfer pursuant to any treaty, compact or statute
of any state on the grounds that such transfer was not
made in accordance with the laws of the state.
�-3-
{3)
The United States is barred from asserting
by or on behalf of any individual Indian any claim
under the laws of the State arising from any transfer
of land or other natural resouces located anywhere
within the State of Maine, from, by, or on behalf of
any individual Indian, which occurred
pr~or
to
December 1, 1873, including but \vi thout limitation
any transfer pursuant to any treaty, compact or
statute of any state, on the grounds that any such
transfer was not made in accordance with laws of the
state.
3.
The tribes tentatively propose that the portion of
Paragraph 5{d) which appears on page 4 of the State dra£t be
redrafted as follows:
"The secretary is authorized and directed to expend J '-'U ,'~ ~
~~! (o"Scl'l-t 8 t lh.( A {lt=clet9 i-l{,t~ I TVA.~tiAJ 1 •A... ~'<'lJ.
the principal and any -income accruing to the· respective portions of the Land Acquisition Fund for the
purpose of acquiring at least 147,500 acres of land
for the Passamaquoddy Tribe, at least 147,500 acres
of land for ·the Penobscot Nation, and at least 5,000
acres of land for the Houlton Band of Maliseet
Indians.
Land within Indian territory shall
b~
held
in trust by the United States for the benefit of the
respective tribe or nation.
Land outside the boundaries
of Indian territory shall be held in fee simple by the
respective tribe, nation or band, and the United States
�-4-
shall have no further trust responsibility with
respect thereto.
If the Secretary finds that the
Houlton Band of Maliseet Indians shall cease to
exist, any land acquired for such band pursuant
to this Act, and held by such band at the time of
the Secretary's finding, shall be divided equally
by the Secretary and transferred in fee, one-half to
the Passamaquoddy Tribe and
one-ha~f
to the Penobscot
Nation, provided,however, that if any such land is
held in trust by the United States at the time of
any such finding by the Secretary, such lands shall
be divided equally and 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.
Except for the provisions of this section,
or as otherwise provided in the Maine Implementing
Act, the United States shall have no
other authority
to acquire lands in trust for the benefit of Indians
or Indian Tribes in the State of Maine.
4.
The Tribes would tentatively propose that Section S(g}
on page 5 of the State draft be redrafted to read as . follows=
~
land or natural resources within the
Passamaquoddy Indian territory or Penobscot Indian
territory is taken facpublic purposes pursuant to
�-5- .
I
.the Maine Implementing Act or the laws of the United
~ ~tates,
the proceeds paid in compensation for such
taking shall be.dftpositedrin t~e
a . A~~isiti9n
~~~~
FfftdA
es'jaf:tj_o/~'! (JJ-'fJ'Ji,tio~
TheG~s tent~vely pfop~e
5.
L.
VfC.A-~
tlie fOllowing language
in lieu of Section Y on page 5 of the State draft:
L
"Sec. Y.
(a)
The Passamaquoddy Tribe, Penobscot
Nation, and Houlton Band of Maliseet Indians
t- ~ 11JA
•r shall
~~
~
file with the Secretary a copy of their
organic governing document and any amendments thereto.
(b)
Any business corporation created by the
Passamaquoddy Tribe, Penobscot Nation, or the Houlton
Band of Maliseet Indians for the purpose of conductlng
part or all of the proprietary affairs of such tribe,
nation, or band shall not constitute a corporation within
the meaning of Section 11 of the Internal Revenue Code
of 1954, as amended, for purposes of federal taxation,
provided, however, that any business corporation created
by the Passamaquoddy Tribe, Penobscot Nation or any member
either tribe or nation shall be subject to the laws of
the State of Maine.
6.
The Tribes would tentatively propose that Section 6(f) on
page 6 of the State draft be amended to read as follows:
"(f)
The Passamaquoddy Tribe, Penobscot Nation and
the State of Maine shall give full faith and credit
�-6- ·
to the judicial proceedings of each other, ~
C~ur~s
of
t~e
Pas~amaquoddy
g~ve
UnitGd
~tates
and othor stats6 and the
Tribg and the PenoBscot
~Jatioa
proceedin~s
full faith and credit to judicial
of each other to the extent
is afforded
decisio~s
~neh
fyll
aha~
fe.i~l:l
~na
ereelit
of Indian Tribal Courts outside
the State of Maine ana decisioDe of thQ courts of the
J' ldta .M,,o._
UBited States and tHe ~tate.
7.
The Tribes tentatively propose that Sect~on 6(g) on page 7
of the State proposal be amended as follows:
"(g)
Except as otherwise provided in the Maine Implementing
I
Act, no law or regulation · of the United States which (i)
accords or relates to a special status or right of or to
..
.
.•.
any Indian, Indian nation, tribe or band of Indians and
(ii) affects the civil, criminal or regulatory jurisdiction of the State of Maine
sh~ll
preempt the laws or
reguiations of the State of Maine, .•.. "
�
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William S. Cohen Papers
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Tentative Response of the Passamaquoddy Tribe and the Penobscot Nation to State Proposals for Amendments to S. 2829 (Undated)
Date
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Undated
Source
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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
Language
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English
Description
An account of the resource
Tentative Response of the Passamaquoddy Tribe and the Penobscot Nation to State Proposals for Amendments to S. 2829
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
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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
Extinguishment of Claims
Jurisdiction
Passamaquoddy
Penobscot
-
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41b5201f5b6f3ea5808c27b3683a9009
PDF Text
Text
/
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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Title
A name given to the resource
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>.
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.
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UMAINE011
Title
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Letter from Reid Peyton Chambers (Attorney for Houlton Band of Maliseet Indians) to Cecil Andrus (Secretary of the Interior) (dated 07/15/1980), Attention to Tim Vollmann (Department of Interior) providing comments to “Proposed Changes in S. 2829,” supplied to Houlton Band by Tim Vollmann at a meeting on 07/10/1980
Date
A point or period of time associated with an event in the lifecycle of the resource
7/15/1980
Source
A related resource from which the described resource is derived
William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 9, Folder 9
Language
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 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