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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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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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UMAINE037
Title
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Letter to White House Work Group from Attorney General Joseph Brennan (03/02/1978)
Date
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3/2/1978
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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
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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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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes 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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bd2028797abc2277e78792e54a46c6fc
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Text
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United States Department of the Interior
1/'~tt..J-E.
OFFICE "OF THE SECRETARY
WASHINGTON, D.C. 2Q240
SEP 7
19l9
H:>norable Fdim.md Muskie
United States Senate
Washington, D.C. 20510
Daar Senator Muskie:
Pursuant to your request of Secreta:cy Andrus, there is enclosed a
draft bill to provide for the settlarent of land clai.rns of Indian
tribes in the State of Maine, including the Passamaquoddy Tribe and
the Penooscot Nation, and for other purposes.
'!his draft bill has been prepared as a service to you. Since it
has not been cleared by the Office of Management and BJ.dget, you
will appreciate, I am sure, that we can make no cx::mni tirent at this
tirre conceming the }:X)sition of the Dapartnent on the rreasure.
Sincerely yours,
Assi§!d Iegislative Cbunsel
Ehclosure
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provide for the settlerrent of land claim; of Indian tribes in
the State of Maine, including the Passamaqucddy Tribe and the
Penobscot Nation, and for the other purposes.
Be it enacted by the Senate and House of Representatives
.
of the United States of America in Congress assembled, that this
Act rray be cited as "The Maine Indian Claims Settlement Act of 1979."
CCNGRESSIONAL FINDINGS AND DECI..ARATIOO OF roLICY
Sec. 2. (a)
Congress hereby finds and declares that'(!)
'Ihe Passamaquoddy Tribe and the Penobscot
Nation are asserting claims for damages and for possession of large
areas of land in the State of Maine, on the ground that the original
transfers of the lands by the Tribes to the States of Massachusetts
and Maine \vere made in violation of the Trade and Intercourse Act of
1790 (l Stat. 137), or subsequent versions thereof.
(2)
Congress recognizes that substantial
eex>nanic and social hardship to a large number of landcwners and a::mm.mities in the State of Maine, and therefore to the eCOOOII¥ of the
,
State as a whole, will result if the Tribes' claims are not soon re-
solved or are pe~tted to be the subject of litigation in the United
States District Court.•
�-·(3)
'!his Act represents a gocd faith
effort on the part of Congress to provide the Tribes with a fair
and just settleTent
of their anci~nt land claims which, in the
absence of Congressional action, ~ d otherwise have to be pursued through the ccurts--a process which w::>uld in all likelihocd
consume
many years
and thereby prarote hostility and uncertainty
in the State of Maine to the ultimate detriment of the Tribes and
their nenbers.
( 4)
no provision of this Act shall be con-
strued to constitute a jurisdictional act, to confer jurisdiction
to sue, nor to grant implied oonsent to aey Indians or Indian tribes
to sue the United States or any of its officers with respect to -
the claims extinguished by the operation of this Act.
(5)
'lhe State of Maine bears sane of the
responsibility for the pendency of these Indian land claims, and
the Congress would normally expect the State to make a contrib.ltion
valued at approximately $5,000,000 tcward the settlenent of these
claims but for the state's annual provision of special services
to Indians residing within its borders along with the a.t::sence of
the provision of any speci~_services C!r7 tf:le ~ral governnent; in
view of this provision of special services by the State of Maine,
which it made without being required to do so by Federal law, it
is the intent of Congress that the State not be required to contrib.lte
�.
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directly to this clairrs settlement, but that it instead be credited
for the provision of special services to the Indians residing within
its borders to' the extent of $5,.000,000.
(b)
'Iberefore, it is the purpose of this Act ( 1)
to renove the clolXl on the titles to
.
millions of acres of land in the State of Maine resulting fran the
Tribes' claims; and
(2)
to provide for a timely resolution of all
other similar Indian claims, if any, to land or natural resoorces
in the State of Maine.
IEFINITICUS
Sec. 3.
(a)
For purposes of this Act, the ·tenn -
"Claims Area" ~ans:
(1)
that portion of the State of Maine which
lies within and to the east am north of the Penobscot River watershed, including all of Hancock County; but excluding that part of the
St. John River watershed which lies east of a line drawn fran the
JX>rtheast comer of the Tawn of St. Francis to the northe~t comer
of Township 2, Range 9, WELS;
(2)
all islaoos in Pend:>scot Bay; and
(3)
that p::>rtion of the Kennebec River wate_ r
shed in the State of Maine east of the eastern shore of r-t::,osehead Lake.
�-4"Land or ·natural resources" means any
real
--pt:operty .or natural resources, or any interest in or right in-
volving any real property or natural resources, including but
not limited to miner~ rights, timber rights, water and water rights,
and
rights to hunt and fish.
(c)
•passamaquoddy and Penobscot Indian Reservations"
means those portions of the Indian Township and Pleasant Point Passamaquoady IrxUan Reservations and the Penobscot Iooian Reservation in
the possession of the Passamaquodc]y Tribe or the Penobscot Nation or
their nembers as of February 10, 1978.
(d)
"Secretary• means the Secretary of the Interior.
(e)
•Transfer" includes but is not necessarily limited
to any sale, grant, lease, allotnent, partition, or conveyance, .any
transaction the purpose of which
Wa$
to effect a sale, grant, lease,
allobrent, partition, or conveyance, and any event or events that
resulted in a change in i;:ossession or control .of land or natural resources.
( f)
·Tribes n means:
(1)
ai July
the Passamaquoddy Iooian Tribe as constituted
22, 1790, arrl any predecessor or successor in interest, in-
cluding the governing bodies at ooth the Indian Township and Pleasant
Point Reservations; am
(2)
m July 22, 1790,
aoo
the Penobscot Iooian Nation, as constituted
artiI predecessor or successor
in interest.
�-s-
•
APPIDVAL OF PRIOR TRANSFERS AND EXTINGUISHMENr
OF INDIAL~ TITLE AND CIAL\15 OF PASSAMAQUODDY
TRIBE AND PENOBSCar NATION
Sec. 4.
(a)
Arrj
transfer of land or natural resources
located anywhere within the United States, other than in the
Passamaquoddy and Penobscot Indian :Reservations, from, by, or on
behalf of the Tribes or any member thereof, and any transfer of
1aoo or natural resources located anywhere within the Clain's Area
~. fran, or on behalf of any Indian, Indian nation, or tribe of
Indians, including rut not limited to a transfer p..irsuant to any
statute of aey state, shall be deerred to have been made in accordance with the Constitution and all laws of the United States that
are specifical~y applicable to transfers of land or natural resources
from, by, or on behalf of any Indian, Indian nation, or tribe of
Indians (including b.lt rot limited to the Trade and Intercourse Act
of 1790, Act of July 22, 1790, ch. 33, S4, 1 Stat. 138, and all anend-
ments thereto and all subsequent versions thereof), and Congress does
hereby approve aey such transfer effective as of the date of said
transfer; Provided, ho.vever, that:
nothing in this section shall be
construed to affect or eliminate the claim of any individual Indian
which is pursued under aey law generally applicable to non-Indians
as well as · Indians in the State of Maine.
(b)
To the extent that acy transfer of land or natural
resources described in sul::section (a) may involve larx:J or natural resources to which the Tribes or arrt rrember thereof, or arr.J other Indian,
�/ '
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•
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Indian nation, or tribe of Indians, had aboriginal title, subsection
(a)
shal~ be regarded as an extinguishrnent of such aboriginal title
as of the date of said tran.sfer.
( c)
By virtue of the approval of a transfer of land
or.natural resources effected by this section, or an extinguishrtent
.
of aboriginal title effected thereby, all claims against the United
States, any state or subdivision thereof, or any other person or
entity, by the Tribes or any individual rrember thereof, or any other
Indian, Indian nation, or tribe of Indians, arising at the ti.Ire of or
subsequent ·to the transfer and based on any interest in or right involving such land or natural resources (including but not limited to
claims
for trespass damages or claims for use
be regarded
as
aoo
occupancy), shall
extinguished as of the date of the transfer.
(d)
Within one hundred eighty (180) days after the
date of enactnent of this Act, any Indian nation or tribe of Indians
(other than the Tribes or the individual rrembers thereof) the governing
body of which was situated
in the United States as of February 10, 1978,
and whose tr~~ers of land or natural resoorces are approved by ~is
section or whose aboriginal title or claims are extinguished by this
section, may bring an action against the Secretary, which action shall
be
in lieu of an action against any other person or entity against whan
-a cause of action 1,1,10uld have existed in the absence of this section;
Provided, however, that in any such action the judgment shall be limited
to that portion of the Fund established in section 5 (a) which bears the
�-7-
sane ratio
to the total Fund as the number of acres
..
in the Claims
Area to which the claimant has established a valid claim superior
to· that of the Tribes bears to the total number of acres within
the Claims Area.
( e)
'!be cause of. action authorized in sumection
(d) shall be the exclusive remedy available to any Indian natioo
or tribe of In:lians whose transfers of land or natural resources
are approved by this sectioo or whose aboriginal title or claims
are extinguished by this section.
ESTABLISHMENT OF
Sec.
·.
s.
(a)
mms
The Secretary of the Treasury shall establish
an account in the Treasury of the United States to be known as the
Maine Indian Claims Settlement Furrl
aoo
shall transfer $27,000,000
fran the general funds of the Treasury into sudi account following
the awrq:>riation authorized by section 9 of this Act.
(b)
One half of the principal o~ the Fund established
pursuant to subsecticn ,a) (less one half of any award made in an
action brought pursuant to section 4(d) of this
Act)
shall be held
in trust by the Secretary for the benefit of the Passamaquoddy Tribe,
·and the other half of the Settlerrent Fl]Dj (less one half of any award
made in an action bra.ight pursuant . to section 4(d)) shall be held in
trust for the benefit of the Penobscot Nation.
Each portion of ~e
Settlement Fuoo shall be administered in accordance with tetmS estab-
lished by the Secretary
and agreed to by the respective Tribe or Nation;
provided that until such terms have been agreed upon, the Secretar:y shall
fix the terms for the administration of the Settlenent Fund, except that
�- 8 -·
uooer oo cira.nnstances shall clhy pa~ of the principal of that Furd
be distr~buted arrong the rrembers of either Tribe on a per capita basis •.
9lbe Secretary shall make available to each Tribe, without liability
to or on the· part of the United States, any incane derived fran its
allocated IX)rtion of the Settlement Fund, the use of which shall be
free fran regulation by the Secretary.
(c)
Any i;x,rticn of the principal of the Settlement
Fun1 awarded to a claimant in an action brooght pursuant to sectioo
4(d)
shall be invested in securities of the United States, and the
inccne fran such portion paid to such claimant, unless Congress other-
wise directs~
(d)
'llle Secretary of the Treasury shall establish an
account in the Treasury of the United States to be koown as the r1aire
In:lian Claims Land A~isition Fund and shall transfer $10,000,000
fran the general funds of the Treasury into such account following
the appropriation authorized by section 9 of this Act.
(e)
One
half of the principal of the Fund established
pJrsuant to sutsection (d) shall be held in trust by the Secretary for
the benefit of ~e Passamaquoddy Tribe, and the other half of the
Land Acquisition Fund shall be held in trust for the benefit of the
Penobscot Naticn.
The Secretary is authorized to expeoo the principal
and any inane accruing to this Land Acquisition Fund for the purpose
of acquiring lam for the respective Tribe or Nation and for no other
PJi:pose.
�. .(£)
9 -
Lams acx;iuired pursuant to subsection (e) shall
be held~ the Secretary in trust for the respective Tribe or NatiOfl.
APPROVAL OF PRIOR Tl<ANSFEf~ AND EXTillGUISHMENT
OF CIAIMS AND INDIAN TITLE 'IO AREAS IN MAINE
OOlliIDE THE CI.AL\1S AHEA
Sec. 6.
(a)
Except as provided in-subsection
(1)
(b) -
Ar¥ transfer of land or natural resoorces
located within the 5tate of Maine from, by, or on behalf of any
Indian, Indian nation, or tribe of Indians (other than transfers
covered by section 4 of this Act), including but not limited to a
~ f e r pursuant to any statute of any state, shall be deemed to
have been rrade in accordance with the .Constitution and all laws of
the United States that are specifically applicable to transfers bf
land or natural resources from, by,·or on behalf of any Indian, Indian
nation, or tribe of Indians (including but not limited to the Trade ·
and Intercourse Act of 1790, Act of July 22, 1790, ch. 33, §4, 1 Stat.
138, an::I all arrendrrents thereto and all subsequent versions thereof),
and Congress does hereby approve any such transfer effective as of the
date of said transfer.
(2)
To the extent that aey transfer of land or
natural resources described in paragraph (1) rriay involve land or natural
resoorces to which such Indian, Indian nation, or tribe at, Indi~ had
aboriginal title, paragraph (1) shall be regarded as an extinguishrrent
of such aboriginal title as of the date of said transfer.
�•
4
....
l
t
c
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<
3)
By virtue of the approval of a transfer
of land or. natural resources effected by this section or an extin-
guishment of ·aooriginal tiUe'effected thereby, all claims against
the United States, any state or subdivision thereof, or any other
person or entity, by arrt such Indian, Indian nation, or tribe of
.
.
Indians, arising at the tine of or subsequent to the transfer and
based U?=>n any interest in or right involving such land or natural
resources (inclooing but not limited to claims for trespass damages
or claims for use and occupancy}, shall be regarded as extinguished
as of the date of the transfer.
(b)
This section shall not apply to aey claim, right
_ or title of any Indian nation or tribe _ f Indians, the governing
o
body of which w~ situated within th~ United States as of February
10, 1978, that is asserted in an action carmenced in a court of can-
petent jurisdiction within one hundred eighty (180) days of the date
of enactnent of this Act; Proviced, that the plaintiff in arrt such
action shall cause notice of the action to be served up:,n the· Secretary.
LIMITATION·OF ACTIONS
Sec. 8.
Notwithstanding any other provision of law, af¥
action to contest the constitutionality of this Act shall be barred
unless the carplaint is filed within one hundred eighty (180) days
of the date of enactnent of this Act.
Exclusive jurisdiction over
such actions is hereby vested in the United States District Court
for the District of Maine.
�~
/
.
,· ,'-~
- ll -
"
......·-~
•
(
··~~~ . ..
·...:.,:-,..,
-.. :-:. ....,:
AIJmORIZATICt1
.........
Sec. 9.
There is hereby authorized to t.e appropriated
$37,000,000 for transfer to the Funds established by sectioo 5 of
this Act.
APPLICATICN OF STATE I.MN
Sec. 10.
lands
Notwithstanding any other provision of law, all
acquired or held in trust for the benefit of the Tribes pur-
suant to sectioo S(e) of this Act will be subject to all laws of
the State of Maine, except to the extent that their trust status
exenpts them fran State laws otherwise awlicable.
INSEPARl'J3ILI'iY
Sec.
n.
In the event that
any provision of
sectim 4 of
this Act is held invalid, it is the intent of Congress that the entire
Act be invalidated.
Nollmann/revised-7-30-79/dcm -Tape i /
.....
�
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National Congress of American Indians Records
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NMAI014
Title
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Letter from Diane Greenberg (Department of Interior) to Senator Edmund Muskie, with draft bill attached of Maine Indian Claims Settlement Act (MICSA) (09/07/1979)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/7/1979
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] [2 of 3]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
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English
Description
An account of the resource
Both Section 4 and Section 6 of this draft deal with Extinguishment of Claims (what is now found in 25 U.S.C. 1723). Section 10 of this draft deals with Application of State Law (an early version of what we now know as 25 U.S.C. 1725). What we know today as 25 U.S.C. 1735(b) is not yet included.
Type
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Text
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Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the National Museum of the American Indian Archive Center. Prior permission is required for any commercial use.
1723
1725(h)
Application of State Law
Diane Greenberg
Draft Bill
Extinguishment of Claims
Jurisdiction
Senator Edmund Muskie
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/24627f7afa2aea7f4c230535b4722ea9.pdf?Expires=1712793600&Signature=Y8JjDPaVLgqRJHuCknvGfmHIuKLHshstM%7E0IsqMe6G0K655CYK04yfoueojqH3G0UW2ypHh9T90nrqByLCje7ObxwDxAMutmxmv95Hl0BQdhNOdH4h5n6jVYBKpm%7EBEfm0vkSs7gsFpzpoMtzDhhzSgdRR0LreyBfbbIHuKbPr0BevYUv6bKy-CbtsZv6Zj6gi5WGanVJZvf-w6Yt91pgZCX12RRrw7ZA4xOVdx1Azecb-5oKPjomrC1ecpottN2XK1iwHSZlmkneaupvYaj8aCM-dJ7H-COLkTNdotHXLwg13Q%7EJ-SS4p%7EYJFcG9yiHRsuhOUQ0caS2KbfnAZqOdQ__&Key-Pair-Id=K6UGZS9ZTDSZM
2ec0ce1c0a3bc5a4df648d82f79432f8
PDF Text
Text
Edmund S. Muskie Archives
& Special CoHactions Library
FOR RESEARCH PURPOSES ONLY
Reproduced in accordance with
Title 1; uses
This material may be subject to
copyright restrl\.tlona
MEMORANDUM
TO:
Senator Muskie
June 21, 1978
FROM: Jim Case
RE:
Administration~s
Indian Bill
The attached draft legislation encompassing part A of the
Task Force proposal has been provided by Eliot ~or your and
Senator Hathaway's informal comment. Minor drafting revisions
will be made but this is essentially the bill which the White
House will submit to Congress.
Eliot requests our comments on the bill as drafted as well
as on how and when transmittal and introduction should be handled.
Eliot now plans to send copies of the bill to the Governor,
the Attorney General and the major landowners with a cover letter
advising that the bill will be introducedsoon &welcoming comments.
The bill would be transmitted to Congress shortly thereafter.
The bill ratifies all transfers of Indian land as of the
date of transfer and extinguishes aboriginal title as of the
date of transfer except for parc~ls larger than 50,000 acres.
State land· ·in the: ·cla.im ·area· r~niains · ·subj'ec·t · to 1.i tigation.
The · bill as drafted includes as ·· landowners with more
than 50,000 acres, the same 14 landowners listed at the time
the Joint Memorandum was released.
Thus the Pingree Heirs,
John Cassidy Timberlands, Webber Timberlands and the Webber
Family would remain subject to litigation.
It appears that
these entities hold undivided but divisible interests -in
excess of 50,000 acres.
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As you may recall we have been contacted by representa;.)· \
tives of these landowners questioning -their status under the
White House proposal.
We have referred those letters to the
.
/ \
·
.
White House task force for clarification. Attached are sample 1, //,~ 1~
~~~
copies of our correspondence.
It is unfortunate
that the
( .' 1
c-:1(;_,
~
ta~us of these family holdings add an unnecessary and muddy
·p
.
issue to the legislation.
Tom tureen takes the position that -~
J
their inclusion was part of the trade off for release of other~
claims but if you wish to take a strong stand on this part the
\~ministration might be willing to exclude these landowners.
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Sec. 7(A) of the draft statutorily recognizes the Passamaquoddy and Penobscot Tribes for purposes of federal services.
This provision is likely to raise red flags with the Attorney
General as prejudging the status of the tribes in any subsequent
I
�MEMO - ESM'
June 2 1 , 1 9 7 8
Page two
litigation.
Tureen maintains that the District Court and
Circuit Court decisions in Passam~quoddy v. Morton decided
this issue.
If Tureen is right this provision is unnecessary
and shou.ld be stricken.
If Tureen is wrong Joe Brennen's
- concerns are legitimate and the provision should be striken.
I believe the White House is .amenable to this also.
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The language in the statement of findings may be unnecessarily offensive to the state and the private landowners.
I
would suggest that it is only necessary to describe what
Congress is doing, i.e., removing the cloud over small land
owners and not describe what is not being , i.e., leaving the
state and private landowner subject to suit.
~/
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Sec. 6(b) and Sec. 8(b) are somewhat unclear to me.
They
represent an· attempt to head off litigation against the same
land by other Indians or . Indian tribes, i.e., the MicMacs and
the Maliseets.
It is critical that such suits be foreclosed
but the appro~ch used in the dr~~t seems awkward and leaves the
.private landowners in the claim area subject to any claims £rom
oth~r tribes if they exceed $25,000,000.
----
It is. probably inappropriate to ask the White House to
fjnally address the issue of potential MicMac or Maliseet claims.
The state ii concerned about this issue, however, and Ron Banks
has suggested that Mic Mac or Maliseet claims would be better
founded.than Passamaquoddy claims.
Senator Hathaway would like to request the President to
claims by other·tribes in Maine.
He has suggested
the attached joint letter to the President.
If you wish to
join Senator Hathaway in see~ing clarification of this issue I
recommend a shorter more general letter.
~nvestigate
There is ·a thresho'Id question as to what extent you wish
to become involved in the drafting of this bill.
If we insist
on certain changes we may create an assumption in the administration that we will support the bill th~y send up. · You may wish to
distuss this situation with Lipshutz to avoid misunderstanding as
we proceed at a staff level.
I will pursue these points with the Administration or
provide additional details to you as you wish.
�• ,te• •
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Edmune\ S. Muskie Arc~ives
& Special Collections Library Y
FOR RESEARCH PURPOSES o.NL .
Reproduced in accqrdance With
Title 11 uses . to
This material may b~ ~ub}e~t
cQQyright restnct1on~
A
B I
L L
To provide for the settlement of certain land claims of
the Passamaquoody and Penobscot Indian Tribes of
Maine, and for other purposes~
Be it enacted by ·the Senate and House of
Representatives of the United States o£ America in Congress
assembled, that this Act may be cited as "The Passamaquoddy
and Penobscot Indian Claims Settlement Act of 1978."
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Sec. 2(a)
·congress hereby finds and declares
that -{1)
The Passamaqu9ddy and Penobscot
Indian Tribes are asserting claims for damages and for
possession of l$rge areas of land in the State of Maine,
on the ground that the original transfers of the lands
by the Tribes to the States of Massachusetts and Maine
were made in violation of the Trade and Intercourse Act
of 1790, or subsequent versions thereof.
(2)
Congress recognizes that substantial
economic and social hardship to a large number of landowners
in the State of Maine, and therefore to the economy of the
State as a whole, will result if parts of the Tribes• claims
are not resolved immediately.
�(3)
of
2 -
At the same time, it is the desire
congress to preserve, for the present time, the Tribes'
claims to at least a portion of the areas to which they assert
rights, pending a comprehensive solution to the Tribes' overall
claims.
(b)
Therefore, it is the purpose of this
Act to remove the cloud on the titles to millions of acres
of land in Maine resulting from the Tribes' claims, while
at the same time pre£erving the Tribes' opportunity to
assert their claims with
r~spect
to certain lands held
by the State of Maine and tracts held by private landowners
in excess of a minimum acreage.
DEFINITIONS
Sec. 3
For the purposes of
(a)
thi~
Act, the term --
"Partial Settlement Area" means those
areas identified on the attached Map A, which is hereby
made a part of this Act, and generally defined as:
(1)
i
1---
that portion of the Penobscot
River watershed in the State of Maine above
l
(2)
j
Eddingto~
Bend;
that r portion of the St. Croix
River watershed in the State of Maine above Baring Plantation:
and
(3)
that portion of the Kennebec
River watershed east of the eastern shore of Moosehead Lake.
�- 3 (b)
"Passamaquoddy and Penobscot Indian
Reservatiohs" means that portion of the Passamaquoddy Indian
Reservation and the Penobscot Indian Reservation in the
possession of the Passamaquoddy or Penobscot Indian Tribe
or their members as of February 10, 1978, as identified
~
on the attached Map B, which is hereby made a part of this Act.
(c)
areas identified on
"Indemnification Area" means those
~he
attached Map C, which is hereby
made a part of this Act, and generally defined as:
[Note: This area, which is
approximately 10 million
J
acres, needs to be identified
by the Tribes.]
~
(d)
"Titleholder" means a private
individual, corporation, trust, county, municipality,
or other entity, not including the State of Maine, which
holds record title to real property in the State of Maine.
A tenant in common, joint tenant, or any other person who
holds an undivided interest in a tract of real property
~
I
shall be deemed to be a titleholder to the extent of his
undivided interest in the entire unpartitioned
t~act.
A
'
titleholding subsidiary and its titleholding parent shall
be regarded as a single titleholder •.
(e)
the
interior~
~secretary"
means the Secretary of
�-
(f)
4 -
"Land or natural resources" means
any real Rroperty or natural resources, including but not
necessarily limited to minerals, timber, water and water
rights, and rights to hunt and fish.
(g)
"Transf~rs"
includes but is not
necessarily limited to any sale, grant, lease, allotment,
par~ition,
conveyance, or any transaction the purpose of
which was to effect a sale, grant, lease, allotment,
partition, ·Or conveyance.
RATIFICATION OF PRIOR TRANSFERS
AND EXTINGUISHMENT OF INDIAN TITLE
Sec. 4(a)
Except as provided in subsection (c),
any transfer of land or natural resources located anywhere
within the United States, other than in the Passamaquoddy
and Penobscot Indian Reservations, from, by or on behalf of
the Passamaquoddy or Penobscot Indian Tribe or any member
thereof, including but not limited to a transfer pursuant
to any statute of any.state, shall be deemed to have been
made in accordance with the Constitution and all laws of
the United States that are specifically applicable to transfers
of land or natural resources from, by or on behalf of any
Indian, Indian nation, or tribe of Indians (including but not
limited to the Trade and Intercourse Act of 1790, Ch. 33,
§4;
1 Stat. 138, and all amendments thereto and all subsequent
versions thereof), and Congress does hereby approve and
rat~fy
any such transfer effectivelas of the date of said transfer.
�-
(b)
land or
n~tural
5 -
To the extent that any transfer of
resources described in subsection (a)
may involve land or natural resources to which the
Passamaquoddy Indian Tribe or Penobscot Indian Tribe had
aboriginal title, subsection (a) shall be regarded as an
extinguishment of such aboriginal title as of the date of
said transfer.
(c)
Within the Partial Settlement Area,
subsections (a) and (b) shall apply only to 50,000 acres
of real property, and rights incident thereto, per record
titleholder as of February 10, 1978, for which application
has been approved under Section S(c).
(d)
By virtue of the approval and ratifica-
tion of a transfer of land or natural resources effected by
this section, or an extinguishment of aboriginal title
effected thereby, all claims against the United States,
any state or suqdivision thereof,
or
any other person or
entity, by the Passamaquoddy or Penobscot Indian Tribe, or
any individual member thereof, arising subsequent to the
transfer involving such land or natural resources, and
based
o~
the Constitution or laws of the United States
specifically applicable to transfers of land or natural
resources from, by or on behalf of any Indian, Indian nation,
or tribe of Indians, including but not limited to claims
for trespass damages or claims for use and occupancy, shall
be regarded as extinguishedlas of the date of the transfer.
�- 6 -
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ADMINISTRATIVE IMPLEMENTATION
Sec. S(a)
Within thirty (30) days after the
date of enactment of this Act, the Secretary shall cause
to be published in the Federal Register a list of all
titleholders who held title to more than 50,000 acres of
.
.
land in the Partial Settlement Area as
oJ
February 10, 1978.
The Secretary may amend the list to correct errors at any
time prior to final approval of designations pursuant to
subsection (c).
(b)
Any titleholder identified in
subsection (a), or any successor in interest thereto,;rnay,
within sixty (60) days of publication of the list specified
in subsection (a) or any subsequent amendment of the list
pertaining to such titleholder, file an application with
the Secretary designating which 50,000 acres of the titleholder's
.
total holdings should be suqject to section 4(c} of this Act.
(~)
After notice and opportunity for
hearing, the Secretary shall approve the applications filed
I
under subsection (b) if he finds that they conform to the
j·
extent possible with the following general criteria:
l.
(1)
I
i
tracts should be selected in such a
way as to minimize checkerboard patterns of ownership;
(2)
the most densely populated areas
of a titleholder's total holdings should be included within
the 50,000 acre exemption;
,,
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•• - I -
�- 7 (3)
ongoing business operations,
including but not limited to rnillsites, should be included
1
within each 50,000 acre
(4j
exemption~
and
any timber lands included within
each 50,000 acre exemption should be representative of the
titleholder's overall holdings.
If the Secretary concludes that any application
aoes not satisfy the foregoing general criteria, he may modify
the titleholder's p~oposed'designation to the extent necessary
to achieve substantial conformity with those -criteria.
Secretary shall
the~
(d)
The
approve the designation as modified.
Any person aggrieved by the Sec!etary's
approvals or modified designations may seek judicial review
by filing a petition for review in the United States Court
of Appeals for the First Circuit not later than sixty (60)
days after publication of the Secretary's approvals or
modified designations.
The Secretary's determinations shall
not be set aside unless they are found to be arbitrary,
capricious or an abuse of discretion.
ESTABLISHMENT OF FUND AND INDEMNIFICATION
Sec. 6{a)
The Secretary of the Treasury shall
establish a trust fund account for the Passamaquoddy and
Penobscot Indian Tribes and shall transfer $25,000,000 from the
�8 general funds of the Treasury into such account following
the appropriation authorized by section 9 of this Act.
The Secretary of the Interior shall be the trustee of such
fund and shall administer such fund in accordance with
terms established by him and agreed to by the Tribes, except
that no part of the principal of the
fun~
shall be distributed
among the members of the two Tribes on a per capita basis.
The
Secretary of the Interior shall make available to the Tribes,
without liability to the United States, any income derived
from such fund, which income shall be divided equally between
the two Tribes and
~he
use of which shall be free from
-
reg~lation
by the Secretary.
(b)
The
~
pri~~cpal
of the fund established
by this section shall be invested only in securities of the
United States until the expiration of the statute of limitations
provided for in section 8(b) of this Act, or until every
action brought pursuant thereto ana· involving claims within
the Indemnification Area, has been determined by a final order
of a court of competent jurisdiction which is no longer subject
to appeal, whichever is later, In the event that by final
order of a court of competent jurisdiction which is no longer
subject to appeal, such a claim within the Indemnification Area
is upheld and an award made to the plaintiff, the $25,000,000
deposited in the fund established by this section shall, under
procedures established by
t~e
Secretary, be used to pay the
award or to indemnify the defendant(s) to the extent of the
value of the award.
�- 9 SERVICES AND ASSISTANCE TO TRIBES
Sec. 7{a)
The Passamaquoddy and Penobscot
Tribes and the members of those tribes are deemed to be
"Indian tribes" and nindians," respectively, within the
meaning of Federal statutes ·· authorizing the provision of
services and assistance to Indians because of their status
as Indians by or through any department, agency or
instrumentality of the United States.
(b)
The pr_ovisions of the Act of June 18,
1934 {48 State 484), as amended, are extended to the
Passamaquoddy and Penobscot Tribes and to the .m embers of
those Tribes.
LIMITATION OF ACTIONS
Sec. 8{a)
Notwithstanding any other provision of
law, any action to contest the constitutionality of this
Act shall be barred unless the complaint is filed within one
hundred eighty {"180) days of the date of enactment of this Act.
Exclusive jurisdiction over such actions is hereby vested in the
United States District Court for the District of Maine.
I
I
: I
I :
'
I
I
I
(b)
Notwithst~nding
any other provision of law,
any and all other claims involving or in any way relating to
land or natural resources within the State of Maine, by or on
behalf of any Indian, Indian nation or tribe of Indians,
arising under the Constitution or laws of the United States
that are specifically applilable to transfers of land or
�- 10 natural resources from, by or on behalf of any Indian, Indian
nation or
~ribe
of Indians (including but not limited to
the Trade and Intercourse Act of 1790, Ch. 33, §4, 1 Stat.
138, and all amendments thereto and all subsequent versions
thereof), shall be barred unless filed in a court of
competent jurisdiction on or before April lr 1980.
·Upon
expiration of this period, the provisions of sections 4(aj,
{b) and {d) of thjs Act shall apply to any such claim which
has not been filed.
Sec. 9
.
There
AUTHORIZATION
).
is hereby authorized to be
appropriated $25,000,000 to carry out the purposes of this
Act.
INSEPARABILITY
Sec. 10
In the event that any provision of Section
4 of this Act is· held invalid, it is the intent of Congress
that the entire Act be invalidated.
i
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Dea r Mr. P resident:
As you know, cl<iims by the passamaquoddy and Penobscot
Indian tribes for the return of over 1/2 of the State of
}1 a in e have p r e o c c. up i e d_ t h e s t a t e a n d i t s r e s i dents for
nearly two years.
A suit by o f f reservatjon Passamaquoddy and Penobscot
Indi3ns against the state ~as recently filed.
Regardless
of the merits or strength of this claim, it raises the
issue as to whether there are other inchoate Indian land
cJaims in the state which may be brought in fuiure years,
e v c n t h o ugh t h e s_e:: p Tin c i p Gl 1 c 1 a i ms may have b c en r e s o 1 v e d .
The question J1as frequently been raised as to whether
tJ1e Micmacs and the 1'-'ialiseets mig11t 11:.1ve any aboriginal
c J a i ms t o l and ·h h i c h t 11 e y c o u J d b r .i n g a g a in s t t h e s t a t e or
i t s 1 an do, . .n e r s . Su c h s u i t s , even i f s ma 11 e r in scope ,
could t hreat en the sa me type of economic disrupt ion ,, h i ch
the me r e p e n den c y o f the pre s en t c 1 3 i ms h 3 s brought . [A- statute of limitations on the time ,,Then any such suits might
v'--) / be b r 0 ugh t in the s t :1 t e l\ 0 u 1 d b c a ·s._\1 e f u 1 s t e p ' but d 0 e s n 0 t
~\ I help to bf.~!!..
~_!:.X.Si-=es-ol\:·e-the threat of additional Indian J and
~
j cJaims in the state.\
7
7
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I
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Yo u r .-'.:1. d mi 11 i s t r a t i o i1 h ~i s s u p p o r t c d t J1 e e f f o r t s t o f in d
a workabl e resolutjon of the cxjsting clHims. As you know,
I agree ·with the need to find an c~ nd to the uncertajnty
and cloud on tjtle which tl1e clai ms have brought to the state.
I fee 1 t h a t i t i s imp o r t a n t , 11 o -1\, e v e r , t J·1a t t h e i s s u e o f
all Indian claims in the state be addressed as soon as
p os s i b 1 e .
The f i r s t s t e p in a d d r c s s in g t h a t i s sue i s t o
do a thorough investigation of what other Indian claims
there may be and whether such claims, if they potentially
exist, have any legal merit.
I t may b e t 11 at such an in v e s t i g a t ion h as b e en done by
your P. d min i s t rat i on c I f s o , I w o u 1 d a p p r e c i at e k n o \\ in g t h e
results of that investigation.
If it has not been done, I
ask that you undertake such an inquiry as soon as possible.
I t may w e 1 1 b e t 11 a t t h e r e i s n o b a s i s f o r a n y o the r c 1 a i ms ,
o r t J1 a t s u c h c J a i ms ~~ o u 1 d 11 a v e 1 i t t 1 e o r no 1 e g a 1 me T i t .
I f t h "a t i s t h e c a s e , i t ,,,o u 1 d b e v e r y us e f u 1 to k n ow . 0 n
the other hand, if there are other potential claims, such
an i n v e s t i g a t ion a n d eva 1 u a t i on ·w o u 1 d g i v e b o t h t 11 e
P. d Jn i n i s t r a t i on an d t h e Con g r c s s t 11 e o p p o r t u n i t y to d e a 1
1·: i t h tho s e pot c n t i a 1 c 1 ;1 i ms in a n i n f o r me d manner .
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I very much appTcciate your continuing concern on
this problem, 8nd your efforts to heJ.p resolve these claims.
Wi t h b e s t lv i s h e s ,
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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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The Edmund S. Muskie Papers
Description
An account of the resource
A selection of documents from the Edmund S. Muskie Papers have been provided by by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Additional information about the collection can be accessed on their <a href="http://abacus.bates.edu/muskie-archives/?_ga=1.58550314.1828118176.1485979172">web page</a>.
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BATES005
Title
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Memo to Senator Edmund Muskie from James Case (Muskie's Chief Legislative Assistant) with draft legislation that the White House intends to submit to Congress encompassing Part A of the Task Force proposal for settlement of Maine Indian Land Claims (06/21/1978)
Date
A point or period of time associated with an event in the lifecycle of the resource
6/21/1978
Source
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The Edmund S. Muskie Papers
The Edmund S. Muskie Papers, Box 2151, Folder 1. The Edmund S. Muskie Archives and Special Collections Library, Bates College, Lewiston, ME
Language
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English
Type
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Text
Documents
Format
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Prior permission is required for any commercial use.
Draft Bill
Eliot Cutler
James Case
Maliseet
Micmac
Senator Edmund Muskie
Senator Hathaway
White House Task Force
White House Work Group
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/520a2ae6590ebcbf4d1fd270a7ecce72.pdf?Expires=1712793600&Signature=Zk2TdjslvfGT95ux9H1i-jlQU5ut1QMid3n6rjR9BiX6422HXX5oOM6cCtYGrbHnLv6wVQ-I5Njc8eD8uo%7Esa4iFIl%7EOt4i75nRrJH0CWINgf%7EXFcVnHWX0w2ARCgPiZ7OQ91bE3RjpEOFZ1VMud0VfQ-yeJ%7EHl0XzufeSssz%7EKOoWAshmL%7E0nApxqb97uH87Z8pFmcUP4pHwHR7-eKCw3mhHTeN7ZMYSf61CA0c9Ej4q4P2FUFW9CR-UBnweZoT20ktPDwUKsbV5HrIuy-wr44VRqhZEjDiNwxXIjMnUYitphDAQWAuy8E7XbULbrla%7E9a5xopr%7Ed7tJ%7EL5uAm3bA__&Key-Pair-Id=K6UGZS9ZTDSZM
cffa8c32539af6683ab6742efa62006d
PDF Text
Text
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MEMORANDUM
September 5, 1979
TO:
Jim Case
FROM:
Estelle Lavoie
RE:
Summary of my June 27 meeting with representatives
of the Micmac and Maliseet Tribes.
.
On Wednesday morning, June 27 ,. I met with several representatives of the Micmac and Maliseet Tribes of Aroostook County
to discuss their desire to obtain federal recognition and with
it, federal funds, and their land claim for Aroostook County.
Present were Maynard Polchies, President of the Association of
Aroostook Indians, Inc., John Joseph, James Tomah, Jim Wherry,
John Stevens -- former Passamaquoddy tribal governor who has
been hired to assist on this endeavor, and Gregory Buesing of
the Federal Regional Council in Boston.
Several factors prompt them in pursuing a settlement with
the federal government:
1) The state's withdrawl of funding and services, presently
totaling $500,000 beginning next fall;
2) The April 1, 1980, statute of limitations on the filing
of claims under the Nonintercourse Act;
3) The refusa~ of the present Passamaquoddy leadership to
cut them in on any settlement they may get out of their land
claim;
4) A statement, in the Joint Memorandum of Understanding,
which would preclude any further claims to the land claimed
by the Penobscots and Passamaquoddies.
Background
There are today approximately 1500 Micmac and Maliseet
Indians scattered in Maine. While there is no reservation or
land area set aside for them, the largest group of Maliseet Indians
numbers 300 to 400, lives in a particular section of Houlton, and
calls itself the Houlton band. The Maliseets, which are somehow
related to the Passamaquoddies in terms of blood line and lineage,
say they have a land claim to most of Aroostook County, potentially
three million acres. Because their chiefs spoke along with the
�1~~
?
MEMORANDUM
TO:
Jim Case
Page Two
Passamaquoddy chiefs at the time the now-famous 1800 treaties
were.signed, they believe they also have a valid claim to federal
s .e rvices. The Micmacs have no land claim and the Bureau of
Inqian Affairs would apparently be reluctant to give them services
under any condition.
While the major Indian land claim was brewing during the mid1970's, the Passamaquoddy leadership at that time, including
John Stevens, apparently told the Micmacs and Maliseets that they
would share some of the proceeds of their land claim settlement
once it was finalized and suggested that their northern brothers
remain quiet during the course of negotiations. The new
Passamaquoddy governors are no longer promising anything, and the
Aroostook Indians, who are quite poor, are naturally concerned
about their future well-being since the state is also cutting off
all services.
In order to protect themselves, the Aroostook Indians have done
some historical research on their origin and done some genealogical
studies. Attached is a copy of their report. It was obvious to
me, during the course of the meeting, that the tribes really were
not · sure how to proceed and had done very little in terms of
substantive legal research. They do not want to sue the
Passamaquoddies and Penobscots for land. On the other hand, they
know they will be totally destitute without any kind of state or
federal assistance.
They wanted to know Senator Muskie's thoughts on their report and to have his guidance.
I simply replied that an additional
land claim would not make matters easier and that Muskie really
had no opinion on their report.
When pressed for their precise claims, they replied:
1)
Federal services;
2) A non-residential land base, for social and cultural
purposes primarily, They have not identified any tracts
of land, and gave a preliminary figure of 10,000 acres.
I will add in closing that, at the time of the meeting, these
Indians had no legal counsel. Tom Tureen has told them that he
(and the Native American Rights Fund) would be in conflict if he
represented them as well as the other Maine tribes. While the
Micmacs and Maliseets are quite poor and said they couldn't afford
to hire counsel, they have obviously discovered a means to obtain
legal representation.
�
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
The Edmund S. Muskie Papers
Description
An account of the resource
A selection of documents from the Edmund S. Muskie Papers have been provided by by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Additional information about the collection can be accessed on their <a href="http://abacus.bates.edu/muskie-archives/?_ga=1.58550314.1828118176.1485979172">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
BATES004
Title
A name given to the resource
Internal memo from Muskie staffer Estelle Lavoie to James Case regarding a meeting with the Micmac and Maliseet Tribes (09/05/1979)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/5/1979
Source
A related resource from which the described resource is derived
The Edmund S. Muskie Papers
The Edmund S. Muskie Papers, Box 2150, Folder 10; Muskie Archives and Special Collections Library, Bates College, Lewiston, ME
Language
A language of the resource
English
Description
An account of the resource
Internal memo from Estelle Lavoie to James Case (while both were working for Senator Edmund Muskie) regarding a meeting on June 27, with representatives from the Micmac and Maliseet Tribes, to discuss their desire to obtain federal recognition and request Senator Edmund Muskie's guidance.
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 Edmund S. Muskie Archives and Special Collections Library, Bates College. Prior permission is required for any commercial use.
Estelle Lavoie
Gregory Buesing
James Case
James Tomah
James Wherry
John Joseph
John Stevens
Maliseet
Maynard Polchies
Micmac
Senator Edmund Muskie