Maine Indian Claims Settlement Legislative History

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§ Legislative findings and declaration of policy The Legislature finds and declares the following. [PL 1979, c. 732, §§1, 31 (NEW).] The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians are asserting claims for possession of large areas of land in the State and for damages alleging that the lands in question originally were transferred in violation DigitalCommons@UMaine | The University of Maine Research

‘We are all treaty people’: What comes next for tribal rights in Maine

Native American tribes in Maine take big step towards greater sovereignty

Maine Indian Claims Settlement Act of 1980 Maine Indian Claims Settlement Act of 1980 Pub. L. 96-420, Oct. 10, 1980, 94 Stat. 1785 ( 25 U.S.C. 1721 et seq.) Short title, see 25 U.S.C. 1721 note

Recent Legal Developments Recent legal developments concerning Maine tribes have been marked by legislative and judicial actions aimed at redefining their status and enhancing their rights. A significant move in this direction was the introduction of LD 1626, a bill designed to title see 25 U amend the Maine Indian Claims Settlement Act. In 1980, a settlement for $81.5 million was agreed upon although the original claim was for $25 billion and 12.5 million acres of land. It was enacted by the Maine Legislature as Title 30, Chapter 601 Maine Indian Claims Settlement.

Read our testimony» SUMMARY This bill stipulates that state of Maine legislation requiring approval of a federally recognized tribe (or tribes) in Maine according to the Maine Indian Claims Settlement Act, Aroostook Band of Micmacs Settlement Act, or other act of Congress cannot take effect without the approval of tribal government. LD 1626 is the result of years of work from Tribal leaders and Maine legislators to modernize the Maine Indian Claims Settlement Act and draft legislative solutions to restore sovereignty to the Wabanaki Nations. Welcome! For full functionality of this site it is necessary to enable JavaScript. Here are instructions on how to enable JavaScript in your web browser. Bill Tracking Maine State Legislature Loading There will be a short delay while loading.

Osihkiyol (Zeke) Crofton-Macdonald is a citizen of the Houlton Band of Maliseet Indians in Maine but when he set out to get a graduate degree in treaty history, he did so near another Maliseet community at the University of New Brunswick in Canada. There, he saw everyone view treaties as the basis of the social contract. “So frequently, they say the phrase, From 1975-1980 he was the state’s lead attorney in charge of managing the state’s defense of the Maine Indian land claim case. He was a member of the state’s negotiating team that ultimately produced the settlement. Although contemporary indicia of abuses by the State are glaringly obvious, a cohesive narrative that incorporates Maine’s history of predation upon and mistreatment of the tribes has remained poorly defined from and historical perspective.

LD 1626: Frequently asked questions
§7202. Legislative findings and declaration of policy
It’s time to fix the Indian land claim act

Collectively known as the Settlements Acts, the federal Maine Indian Claims Settlement Act and the state law that accompanied it, the Maine Implementing Act, required the Wabanaki Nations to give up their claim to their dispossessed lands in exchange for a federally funded pathway to buy back just 2.5% of the 12 million acres unlawfully lost. This research examines the historical context in which the Maine Indian Claims Settlement Act was framed providing insight into socio-economic conditions and circumstances of the tribes prior to bringing suit, the historical relationship between the tribes and th Although not separately mentioned in the bill, the task force specifically recognized and recommended that the federal Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2467 (October 17, 1990), should apply in Maine. The portion of the bill addressing the Settlement Act, Section 16 (b), accomplishes this goal.

An Act Implementing the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act Reference to the Committee on Judiciary suggested and ordered addressing the printed. Coverage of legislative hearings on LD 2094: A Act To Implement the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act. 2020.

The Maine Indian Land Claim Settlement: A Personal Recollection

The Maine Indian Claims Settlement Act, (MICSA), was passed in October of the same year [1980]. The MICSA gave federal permission for the [state Maine Implementing Act] (MIA) to take effect while retaining intact the federal trust relationship between the federally recognized tribes of Maine and the US Congress; and million acres placed constraints on the implementation of the MIA. Of legislative history of the 1980 Maine Indian Claims Settlement and Implementing Acts, and Maine’s gaming statutes that the Cabazon decision applies to the Maliseet Tribe in Maine. I am concerned that the particular circumstances that exist in the present

That’s because of a phrase in the 1980 Maine Indian Claims Settlement Act that reads: “no law or regulation of the United States . . . which affects or preempts the civil, criminal or regulatory jurisdiction of the State of Maine, including, without limitation, the laws of the state relating to land use or environmental

Public Law 102-171 102d Congress An Act To settle all claims of the Aroostook Band of Micmacs resulting from the omission from the Maine Indian Claims Settlement Act of 1980, and for purposes. Official Publications from the U.S. Government Publishing Office.94 Stat. 1785 – Maine Indian Claims Settlement Act of 1980

Public Law 96-420 96th Congress 94 STAT. 1785 An Act To provide for the settlement of land claims of Indians, Indian nations and tribes and bands of Indians in the State of Maine, including the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians, and for other purposes. Oct. 10,1980— [H.R. 7919]

Maine Indian Claims Settlement Act of 1980

AUGUSTA, Maine (AP) — Tribes in Maine gave up some of their rights to the state when they settled their land claims more than 40 years ago. They want to change that agreement so they can enjoy the same self-governing rights as the other Native Americans. The Passamaquoddy, Penobscot, Maliseet and Mi’kmaq view legislative debate this week, ahead of the midterm The 1834 federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress. However, the 1980 Maine Indian Claims Settlement Act specified that that federal law was not applicable to the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation. This Article delves into this complex history by exploring the Doctrine of Discovery, historical dealings between the Wabanaki and the Americans, and the events and court cases leading up to the enactment of the Maine Indian Claims Settlement Act (MICSA), which resolved Wabanaki land claims against the State of Maine for the illegal taking of

Maine Indian Land Claims Case The Maine Indian land claims case was exceedingly complex and had tremendous social, legal, and economic implications for the State of Maine and its citizens. The claim covered 60% of the State with 350,000 people living in the disputed area. After four years of negotiations, the Maine Indian Claims Settlement Agreement of 1980 was reached.

Her office had no immediate comment on the legislative action. Tribes in Maine are set apart from the other 570 federally recognized tribes across the country because of the Maine Indian Claims Settlement Act, which stipulates they’re bound by state law and treats tribal reservations much like municipalities. Legislation aimed at modernizing and fixing what is broken in the 1980 Maine Indian Land Claims Settlement Act is working its way through the Maine Legislature. LD 1626 came through the work of a bipartisan task force that also included tribal chiefs and leaders as well as representatives from the governor’s and attorney general Maine History the Carter administration and the tribes had just two days earlier re-leased a joint memorandum outlining a proposed settlement. But what was supposed to settle a controversy seemed instead to make it more tempestuous: Far from considering the proposals a start to negotiations, some Passamaquoddy negotiators explained that the offer was fairly close to

For the past several Legislative sessions, leaders of the Wabanaki Nations have worked with lawmakers to try to overhaul the 1980 Maine Indian Claims Settlement Act that has resulted in the tribes being treated more akin to All Info for H.R.7919 – 96th Congress (1979-1980): A bill to provide for the settlement of land claims of Indians, Indian nations and tribes and bands of Indians in the State of Maine, including the Passamaquoddy Tribe, the Penobscot Indian Claims Settlement Nation, and the Houlton Band of Maliseet Indians, and for other purposes. In October 2019, the State of Maine’s Task Force on Changes to the Maine Indian Claims Settlement Implementing Act (“Task Force”) made a request to the Human Rights and Indigenous Peoples Clinic at Suffolk University Law School (“Clinic”) to research federal laws enacted after October 10, 1980 for the benefit of Indians and Indian nations. This report presents those

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