November 24, 2024
LEGACY OF THE LAND CLAIMS

Maine Indian Land Claims Settlement Act, 1980

Federal and state legislation enacted in 1980 provided the following settlement to the dispute over the legality of treaties signed two centuries ago in which Indians in Maine gave land to the Commonwealth of Massachusetts and later the state of Maine.

? The claim of aboriginal ownership to 12.5 million acres of Maine by the Penobscot Nation, the Passama-quoddy Tribe, and the Houlton Band of Maliseets was extinguished.

? The tribes were awarded $54.5 million with which to buy land that would be held in trust by the federal government. The Penobscot Nation and the Passamaquoddy Tribe each received $26.9 million and the Houlton Band of Maliseets received $900,000.

? The legislation spelled out the land that was eligible for purchase by the tribes, most of it in the unorganized, undeveloped area of the state. The settlement allowed the Penobscot Nation and the Passamaquoddy Tribe to purchase and designate as trust land up to 150,000 acres. It is protected from future transfer in ownership by the federal government.

? The Penobscot Nation and the Passamaquoddy Tribe each were given $13.5 million to be held in trust by the federal government, with the interest paid to the tribes. The interest is tax-free and may be used without restriction, except that the interest from at least $1 million in the trust fund must benefit tribal members over 60. No trust fund was established for the Maliseets.

? The three tribes all became eligible for all federal Indian benefits.

? The three tribes were granted self-governing authority equivalent to municipal home rule. The tribes also have the right to adopt constitutions, to run tribal elections and to govern themselves without state interference. The Penobscots and the Passamaquoddys can have their own courts for minor crimes and make hunting and fishing rules for their own land and waters.

? A Maine Indian Tribal-State Commission was established to monitor state and Indian relations and to regulate fishing in rivers, streams and lakes which extend into both Indian state territories.


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