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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
A language of the resource
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."
Type
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Text
Documents
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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
-
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69585b6e12b54424fea1f275e1821724
PDF Text
Text
,.
.
l ") i·::S-t) BSCOT ~- P. \ SS:\ :\ L\< ..n; o I*} I) Y
TJ:iB \L l'I.:\~NJV; J:OAHO
OLD TOV~'N, f'.~AINE 04468
•
207 827-Ti21
f"\OARD OF ~; !, ::' ;TO~S
G<::or:-;,.. Sl<:?V':-' ·:, .Jr ChJ1rr.ian
N;.:r.o!,15 Sop,~I. 'J1ce c:-.a1rrnan
\'.',iyne New~li . 5-•cr~!tary
Jo;~ph Pulchi-,,,;, Tr<!a3lH.er
EXl:.CUTI\/E OIR~CTOR
Anjrew X. Aw.ir.3
4/11/78
PLANNER
Y•,onn',: Norton
MIL. Fo1t1Le.6t Ge1La1Ld
A.6.oi.6tant Sec..1teta1Ly 6d1t Indian A66al1t~
Buneau 06 Indian A66ain.o ~
U.S. VepaJttment 06 the 1nte1Lio1t
18th and C StJteet, N.W.
Wa.oltington, V.C. 20240
Vean MIL. Ge1La1td:
The Pa.6.6amaquoddy and Penob~c..at T1tibe.6 neq~ilLe youn
.~.o.oi~tanc..e to ne.oolve the pltoblem 06 6unding thtln polic..e depantmentJ in Fiic..al Yean 7979.
'
Sinc..e ea1tly 1974, the Law En601Lc..ement A.o.ol~tanc..e Adminl~tJta:tion
ha.o 6unded the PenobJc..ot and the two Pa.6.6amaquoddy Law En6onc..ement P1tog1Lam.6. LEAA'.6 polic..le.o allow.o :them to 6und polic..e
depaJt:tmen:t.6 601L only :thnee yealL~. Bec..au.6e we have no otheJt
6unding .ooulLc..e, they have agJteed :to c..ontinue thellL .ouppon:t thlLough
thi.o 6i.o c..al y ealL. ·
·
~n attempting to ILe.oolve thi.o plLoblem, we have been lnio~med
by LEAA,and the BIA'.6 Ea.otenn A4ea 066ic..e and Law En6o4c..ement
Vlvi~lon that no 6und.o aJte alloeated at will be 661Lthc..oming
in ·Fl.oc..al · YeaJt 7979. The State 06 Maine will al.oo, not 6und
the total c..o.o:t o 6 oun polic..e .6 eiz.vic..e.6. With no ounding .oou.nc..e.6
in .olght 6on FiJc..al YeaJt 7979 601t ouJt polic..e, we intend :to Jteque.ot,
•text wee~, 06 the Senate Subc..ommittee on the Vepafttmen:t 06 Inte1Llo1t,
and Related Agenc..ie.6 an add-on appltopniation 06 $180,000 to Sund
the Pa/.}Jamaquoddy and Pe.nob.6eot Polic..e Ve.paJttme.nt.6. A.o a matte.It
06 polic..y, :the. BIA doe.6 not noJtmally pltovide. 6und.o 601t law en6o~c..eme.n:t on ~e..6e.1Lvation.o whieh aJte aubjec..t to .o:tate c..Jtiminal juJti.6dietion. We 6e.e.l, howeve.n, that the. BIA ha.o authonl:ty :to make .ouc..h
expe.nditune.o u.nden the. John.6on-O 'Malley Ac..:t.
···
By the tenm.6 06 ouJt Joint Me.moJtan-dum 06 UndeJtJ:tan.ding wlth
the White Hou.oe Wonk GJtoup on ouJt land c..lalm, :the. c..Jtiminal julLl.6dlc..tlon oveJt ouJt Tnibe..o will Jtemain with the State 06 Maine 601t a~
lea.ot the ne.xt :two yean.o. G)Jv.en thil.} .6ituation, by all appe.ananee.6,
.t he BIA Lo unwilling to p1tovlde. 6u.nd,!> undeJt :the. nonmal polic..y.
In R..i.ght 06 the e.xt1taondlna1ty ,5i.tu.ation that we ane in, we. nee.l
�that a hpec.ial add-on appll.op~iation hpec.i6ica.lly pll.oviding 6undh
6on ou,1. po.C.ic.c., thJz.ough the B1A ill both app!T..opJr..iate. and e.!l .6e.ntia.l
and we. ahk that you huppoJr..t ouJz. Jz.eque.ht. Thank you.
Sinc.e.1te.ly,
07 w~
AndJte.W X. Akinh
Copie.h - Leo KJz.ulltz
Suhan Hayo
Tim Vollman.
Gove1tno'1.. Nic.holah Sa.pie!
Gove'1..no'1.. F'1..a.nc.ih Nlc.holah
Gove'1..no'1.. John Steve.nh
Senato'1.. Edmund Muhkie. (Ehtelle. La.vole.)
Senato'1.. William Hathaway (Betty Boyington)
Rep!T..e~entative. William C~he.n (Cynthia. Hilton)
RepJz.e.~entative Va.vid Eme.Jr..y (CaJz.olyn Nightingale.)
.....
..
..
�
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The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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National 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
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NMAI023
Title
A name given to the resource
Letter from Andrew Akins (Penobscot-Passamaquoddy Tribal Planning Board) to Forrest Gerard (BIA, Department of Interior) (04/11/1978)
Date
A point or period of time associated with an event in the lifecycle of the resource
4/11/1978
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 Indian Land Claims - General, IV]”; National Museum of the American Indian Archive Center, Smithsonian Institution
Language
A language of the resource
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 National Museum of the American Indian Archive Center. Prior permission is required for any commercial use.
Andrew Akins
Forrest Gerard
Francis Nicholas
John Stevens
Joint Memorandum of Understanding
Jurisdiction
Leo Krulitz
Nicholas Sapiel
Suzan Harjo
Tim Vollmann
White House Task Force
White House Work Group
-
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8f475195881a555f02a7ff8120789e1e
PDF Text
Text
A1tomey
Thomas N ;.ireen
Native American Rights Fund
178MiddleSt. • Portland,Maine04101 • (207)m-71b6
ht-Cutivi, D,n•nor
John I.. lrh .. twwlr.
Main Office
150b Broadw.iy
Ruuldi,r. Colorado 80302
(303) 447-87b0
September 6, 1980
Washington Office
1712 N. Strttt, N.W.
Wa~hington, D.C. ~OOJb
C.!02) 785-41 bb
Honorable John Melcher
United States Senate
Washington, D. C.
Dear Senator Melcher,
Secretary Andrus has asked me to write to you to explain
the Passamaquoddy Tribe's and the Penobscot Nation's understanding
of Sec. 6(g) of S.2829 and Sec. 6211 of the Maine Implementing
Act. Section 6211 deals with the eligibility of the Maine Tribes
for State funding.
Sec. 6(g) provides in relevant part that the
Maine Tribes "shall be eligible to receive all of the financial
benefits which the United States provides to Indians, Indian
nations or tribes or bands of Indians to the same extent and
subject to the same eligibility criteria generally applicable
to other Indians, Indian nations or tribes or bands of Indians."
My clients' understanding of these provisions is best explained
by outlining the manner in which they developed.
Negotiations concerning settlement of the Maine Indian
land claims began in the spring of 1977 when President Carter
appointed Justice William B. Gunter to evaluate ~he claims and
reconunend a course of action for the Administration. Justice
Gunter studied the legal aspects of the case and discussed
with the parties their views concerning settlement. The Tribes
raised federal Indian services as an issue of majo~ importance
to them. The State of Maine was expected to discontinue the
services which it was providing to the Tribes, and the United
States had never provided the Maine tribes the level of services
which it provides : other Indian tribes. The Tribes were determined
to make certain that any settlement contain a provision ensuring
that full federal Indian services be provided to them and that
they not have to use income obtained from settlement funds and
property to pay for services which the Federal Government provides
other tribes. At one point during these discussions the Department of the Interior suggested to Justice Gunter that the services
issue be dealt with by providing the Maine Tribes with a lump
sum payment in lieu of such services, but this suggestion was
rejected. Justice Gunter's July 7, 1977 recommendation, a copy
of which is enclosed, met the Tribe's objectives in this regard.
The Justice recommended creation of a trust fund for the Tribes,
acquisition of trust lands for the Tribes, and the provision of
federal Indian services. Paragraph C(3) of the recommendation
says that the United States should "[a]ssure the two tribes that
�Hon. John Melcher, page 2.
that normal Bureau of Indian Affairs benefits will be accorded
to them by the United States in the future."
Justice Gunter's recommendation led to detailed negotiations with a White House Work Group composed of Eliot R.
Cutler, Associate Director of the Office of Management and
Budget, Leo M. Krulitz, Solicitor of the Department of the
Interior, and A. Stephens Clay, Justice Gunter's law partner.
The Tribes took the same position in these negotiations concerning the services issue as they did in their discussions
with Justice Gunter. These negotiations produced an agreement
between the Tribes and the President on February 10, 1978.
That agreement, which was embodied in a document titled Joint
Memorandum of Understanding, a copy of which is enclosed, approached federal Indian services in a manner similar to that
reconunended by Justice Gunter.
In Section 7(c)
the federal
government pledges
that the tribes will be considered fully federally recognized tribes and will receive all
federal services, benefits and entitlements
on the same basis as other federally recognized
tribes.
The agreement between the Tribes and the White House led
to still further negotiations in which the Tribes were asked by
the Maine Congressional Delegation to reach an agreement with
the State of Maine concerning jurisdictional matters. An agreement with the State was ultimately reached which provided
that in addition to their status as federally-recognized
tribes, the Passamaquoddy Tribe and the Penobscot Nation would
also have municipal status for various p~rposes under Maine
law. As part of this agreement, and in return for concessions
made by the Tribes, the State conunitted itself to fully include
the Tribes in its municipal funding system. Under the terms of
the agreement the Tribes are permitted to use federal funds to
supply any local share which is required for funding by the State.
At the time the Tribes ·were negotiating with the Federal
Government there was no discussion concerning services to be provided by the State of Maine. It was assumed by those participating in the negotiations that Maine would discontinue the Maine
Department of Indian Affairs and cease its prior funding of the
Tribes through that agency. It was also assumed that Maine
would provide services to Maine Indians as citizens of the State.
There was no discussion, however, as to how this was to be
done, even though the funding of members of federally-recognized
tribes by states was then a matter of dispute between the Federal
Government and various states. As a result, the agreement to
�Hon. John Melcher, page 3.
guarantee full Federal Indian funding was not conditioned on
provision of a particular level of funding by the State.
My clients are pleas,e d that . the agreement which they
negotiated with the State of Maine may reduce to some extent
the cost to the Federal Gove.r nrnent of providing full services
to them. They understand Sec. 6211 of the Maine Implementing
Act to prohibit duplicate funding by the State and the Federal
Government. They also understand that the supplanting provision
of Sec. 6211 does not apply to federal programs which by statute or regulation are deemed supplemental. They understand
Sec. 6(g) of S.2829 to be a guarantee, consistent with that
bargained for in the Joint Memorandum of Understanding, that
the Federal Government will provide them with full federal
funding regardless of the level of funding provided by the
State of Maine. They also understand that the Administration
has a desire to obtain maximum participation by the State of
Maine in meeting the Federal Government's obligation to the
Maine Tribes, and fears that Sec. 6211 might hinder this goal.
Specifically, they understand that the Administration is concerned that because the Federal Government funds various
programs for Indians at levels higher than those provided by
most states, ~hat in order to meet its obligation to fund Maine
tribes at the same level as other tribes it might be obliged
under Sec. 6211 to supplant Maine's contribution to particular
programs. After studying various Maine programs, however, it
appears that the Federal Government will be able to meet its
obligation of providing full federal funding to the Maine Tribes
without supplanting Maine funds.
This will require careful
attention to existing federal statutes and regulations, and may
require adoption of new regulations. · The Tribes are prepared to
cooperate with the appropriate officials on these issues, and
will assist in the preparation of remedial legislation if it
develops that the Federal Government is bearing a disproportionate
share of the cost of providing full federal Indian services to
them.
Many thanks for your assistance in this matter.
encls.
cc:
Hon. William Cohen
Hon. George Mitchell
Hon. Cecil Andrus
Hon. Richard Cohen
Andrew Akins
�
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.
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Identifier
An unambiguous reference to the resource within a given context
NMAI018
Title
A name given to the resource
Letter to Senator John Melcher from Thomas Tureen (NARF Attorney for the Passamaquoddy Tribe and the Penobscot Nation), explaining to Senator John Melcher some of the background on where the concept of tribes being treated as municipalities came from (09/06/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/6/1980
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 Indian Land Claims - General, II]”; 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.
Jurisdiction
Senator John Melcher
Thomas Tureen
White House Task Force
White House Work Group
-
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63f64da786edc39f8784439f0321b6b0
PDF Text
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:
�~~
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.
�
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National Congress of American Indians Records
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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
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1/2/1978
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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
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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
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Text
Documents
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PDF
Subject
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
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.
�
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National Congress of American Indians Records
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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
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1/12/1978
Source
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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
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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 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
-
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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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f
t
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~
~."'.ll~
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.
1:/K
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)
·
~
nn
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.
/
/
./ ~ .
r
J
,
\
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.
~/
~
,y
~
!
I
. ·./
l
.
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 $25,000,000.
----
It is. probably inappropriate to ask the White House to
fjnally address the issue of potential MicMac or Maliseet claims.
The state ii concerned about this issue, however, and Ron Banks
has suggested that Mic Mac or Maliseet claims would be better
founded.than Passamaquoddy claims.
Senator Hathaway would like to request the President to
claims by other·tribes in Maine.
He has suggested
the attached joint letter to the President.
If you wish to
join Senator Hathaway in see~ing clarification of this issue I
recommend a shorter more general letter.
~nvestigate
There is ·a thresho'Id question as to what extent you wish
to become involved in the drafting of this bill.
If we insist
on certain changes we may create an assumption in the administration that we will support the bill th~y send up. · You may wish to
distuss this situation with Lipshutz to avoid misunderstanding as
we proceed at a staff level.
I will pursue these points with the Administration or
provide additional details to you as you wish.
�• ,te• •
~~- ;;.. r .. ~
..
.
~
Edmune\ S. Muskie Arc~ives
& Special Collections Library Y
FOR RESEARCH PURPOSES o.NL .
Reproduced in accqrdance With
Title 11 uses . to
This material may b~ ~ub}e~t
cQQyright restnct1on~
A
B I
L L
To provide for the settlement of certain land claims of
the Passamaquoody and Penobscot Indian Tribes of
Maine, and for other purposes~
Be it enacted by ·the Senate and House of
Representatives of the United States o£ America in Congress
assembled, that this Act may be cited as "The Passamaquoddy
and Penobscot Indian Claims Settlement Act of 1978."
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Sec. 2(a)
·congress hereby finds and declares
that -{1)
The Passamaqu9ddy and Penobscot
Indian Tribes are asserting claims for damages and for
possession of l$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 -
..
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;
,,
,~~
!
;
l,-.
-•
.
~
--
-.._,.~
•• - 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.
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(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.
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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.\
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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>.
Text
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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/.
Identifier
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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