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()A1J.
Tentative Response of the Passamaquoddy Tribe ~ the Penobscot
Nation to State Proposals for Amendments to S. 2829
The Passamaquoddy Tribe in the Penobscot Nation tentatively
proposed the following amendments to the State proposals for
amendments to S. 2829:
1.
The tribes are ~enerally in~reement with the proposed
Committee report language, but would suggest a redraft as follows:
.,The Committee was advised by the Secretary of his
concern that the set-off provisions in $2211(2) and (4)
of the Maine Implementing Act may work to defeat the
intent of federal financial assistance to Indian Tribes,
since it would appear on its face to permit the State
to use federal monies to supplant State monies.
ever, after further
i~quiry,
the Committee
How-
b~l~e~~s~
the Implementing Act is not inconsistent with existing
federal policy.
Specifically, the Committee understands
that to the extent the United States provides funds to
tLe )la ine trib2s,
~c..i:t. .. c
I .. 1~ian
~1cusiJ.1~
At:.thu:_·i·::ies, cr
local Indian public schools in Maine for programs which
are intended to be supplemental to the State program,
the set-off provisions of 2211(2) and (4) will not
apply.
The term "substantially similar purpose" as used
in the Implementing Act \vas not intended to include
federal funds intended to enhance, enrich, or
supplement programs provided for under State law.
for example, were the BIA funds a remedial reading
program for Indians, as in the case of the Johnson-
Thus,
�-2~
I
I
O'Malley Act programs, such programs would not be
"substantially similar" to a basic State educational
grant and would not supplant State funding.
By the
same token, because the set-off provision does not
apply to any federal contribution which is not in
excess of "any local share ordinarily required by
State law as a condition of State funding,
11
the
provisions of 6211(2) and (4) will not alter existing
federal policies and programs such as
Imp~ct
Aid or
Medicaid.
2.
In lieu of the State's proposed changes for §4(a) (2) and
I
(4} (a) (3}, the Tribes
§4
~
tentatively propose the following new
( 2 ) and ( 3 ) :
(2)
The United States is barred from asserting by or
on behalf of any Indian, Indian nation or tribe or
band of Indians any claim under the
arising from any transfer of land or
la~vs
of the State
other~natural
resources located anywhere within the State of Maine,
from, by or on behalf of any Indian nation or tribe
or band of Indians including but without limitation
any transfer pursuant to any treaty, compact or statute
of any state on the grounds that such transfer was not
made in accordance with the laws of the state.
�-3-
{3)
The United States is barred from asserting
by or on behalf of any individual Indian any claim
under the laws of the State arising from any transfer
of land or other natural resouces located anywhere
within the State of Maine, from, by, or on behalf of
any individual Indian, which occurred
pr~or
to
December 1, 1873, including but \vi thout limitation
any transfer pursuant to any treaty, compact or
statute of any state, on the grounds that any such
transfer was not made in accordance with laws of the
state.
3.
The tribes tentatively propose that the portion of
Paragraph 5{d) which appears on page 4 of the State dra£t be
redrafted as follows:
"The secretary is authorized and directed to expend J '-'U ,'~ ~
~~! (o"Scl'l-t 8 t lh.( A {lt=clet9 i-l{,t~ I TVA.~tiAJ 1 •A... ~'<'lJ.
the principal and any -income accruing to the· respective portions of the Land Acquisition Fund for the
purpose of acquiring at least 147,500 acres of land
for the Passamaquoddy Tribe, at least 147,500 acres
of land for ·the Penobscot Nation, and at least 5,000
acres of land for the Houlton Band of Maliseet
Indians.
Land within Indian territory shall
b~
held
in trust by the United States for the benefit of the
respective tribe or nation.
Land outside the boundaries
of Indian territory shall be held in fee simple by the
respective tribe, nation or band, and the United States
�-4-
shall have no further trust responsibility with
respect thereto.
If the Secretary finds that the
Houlton Band of Maliseet Indians shall cease to
exist, any land acquired for such band pursuant
to this Act, and held by such band at the time of
the Secretary's finding, shall be divided equally
by the Secretary and transferred in fee, one-half to
the Passamaquoddy Tribe and
one-ha~f
to the Penobscot
Nation, provided,however, that if any such land is
held in trust by the United States at the time of
any such finding by the Secretary, such lands shall
be divided equally and held in trust by the United
States, one-half for the benefit of the Passamaquoddy
Tribe, and one-half for the benefit of the Penobscot
Nation.
Except for the provisions of this section,
or as otherwise provided in the Maine Implementing
Act, the United States shall have no
other authority
to acquire lands in trust for the benefit of Indians
or Indian Tribes in the State of Maine.
4.
The Tribes would tentatively propose that Section S(g}
on page 5 of the State draft be redrafted to read as . follows=
~
land or natural resources within the
Passamaquoddy Indian territory or Penobscot Indian
territory is taken facpublic purposes pursuant to
�-5- .
I
.the Maine Implementing Act or the laws of the United
~ ~tates,
the proceeds paid in compensation for such
taking shall be.dftpositedrin t~e
a . A~~isiti9n
~~~~
FfftdA
es'jaf:tj_o/~'! (JJ-'fJ'Ji,tio~
TheG~s tent~vely pfop~e
5.
L.
VfC.A-~
tlie fOllowing language
in lieu of Section Y on page 5 of the State draft:
L
"Sec. Y.
(a)
The Passamaquoddy Tribe, Penobscot
Nation, and Houlton Band of Maliseet Indians
t- ~ 11JA
•r shall
~~
~
file with the Secretary a copy of their
organic governing document and any amendments thereto.
(b)
Any business corporation created by the
Passamaquoddy Tribe, Penobscot Nation, or the Houlton
Band of Maliseet Indians for the purpose of conductlng
part or all of the proprietary affairs of such tribe,
nation, or band shall not constitute a corporation within
the meaning of Section 11 of the Internal Revenue Code
of 1954, as amended, for purposes of federal taxation,
provided, however, that any business corporation created
by the Passamaquoddy Tribe, Penobscot Nation or any member
either tribe or nation shall be subject to the laws of
the State of Maine.
6.
The Tribes would tentatively propose that Section 6(f) on
page 6 of the State draft be amended to read as follows:
"(f)
The Passamaquoddy Tribe, Penobscot Nation and
the State of Maine shall give full faith and credit
�-6- ·
to the judicial proceedings of each other, ~
C~ur~s
of
t~e
Pas~amaquoddy
g~ve
UnitGd
~tates
and othor stats6 and the
Tribg and the PenoBscot
~Jatioa
proceedin~s
full faith and credit to judicial
of each other to the extent
is afforded
decisio~s
~neh
fyll
aha~
fe.i~l:l
~na
ereelit
of Indian Tribal Courts outside
the State of Maine ana decisioDe of thQ courts of the
J' ldta .M,,o._
UBited States and tHe ~tate.
7.
The Tribes tentatively propose that Sect~on 6(g) on page 7
of the State proposal be amended as follows:
"(g)
Except as otherwise provided in the Maine Implementing
I
Act, no law or regulation · of the United States which (i)
accords or relates to a special status or right of or to
..
.
.•.
any Indian, Indian nation, tribe or band of Indians and
(ii) affects the civil, criminal or regulatory jurisdiction of the State of Maine
sh~ll
preempt the laws or
reguiations of the State of Maine, .•.. "
�
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William S. Cohen Papers
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Tentative Response of the Passamaquoddy Tribe and the Penobscot Nation to State Proposals for Amendments to S. 2829 (Undated)
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Undated
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William S. Cohen Papers
William S. Cohen Papers (MS 106), Special Collections, Raymond H. Fogler Library, University of Maine, Orono, Maine, 3.3.13.1 Box 9, Folder 9
Language
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English
Description
An account of the resource
Tentative Response of the Passamaquoddy Tribe and the Penobscot Nation to State Proposals for Amendments to S. 2829
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Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
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Indians of North America--Government Relations
Indians of North America--Politics and Government
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1723
1725(h)
Application of State Law
Extinguishment of Claims
Jurisdiction
Passamaquoddy
Penobscot