restricted access 190. Maine Indian Claims Settlement Act, October 10, 1980
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297 over $17 million, it is necessary, in order to understand the controversy, to review at some length the chronology of the case and its factual setting. . . . [Discussion of the history of the case and of the Court of Claims judgment.] In sum, we conclude that the legal analysis and factual findings of the Court of Claims fully support its conclusion that the terms of the 1877 Act did not effect “a mere change in the form of investment of Indian tribal property.” Lone Wolf v. Hitchcock, 187 U.S. at 568. Rather, the 1877 Act effected a taking of tribal property, property which had been set aside for the exclusive occupation of the Sioux by the Fort Laramie Treaty of 1868. That taking implied an obligation on the part of the Government to make just compensation to the Sioux Nation and that obligation, including an award of interest, must now, at last, be paid. [488 U.S. Reports, 374, 423–24.] 190. Maine Indian Claims Settlement Act October 10, 1980 Indian tribes in Maine laid claim to a large part of the state on the grounds that land cessions made after 1790 were invalid. In order to prevent long litigation over land titles, which would have caused economic turmoil in Maine, a settlement was reached in 1980. Congress recognized the federal status of the tribes and provided funds in return for a relinquishment of all Indian claims. 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. . . . . congressional findings and declaration of policy Sec. 2. (a) Congress hereby finds and declares that: (1) The Passamaquoddy Tribe, the Penobscot Nation, and the Maliseet Tribe are asserting claims for possession of lands within the State of Maine and for damages on the ground that the lands in question were originally transferred in violation of law, including, but without limitation, the Trade and Intercourse Act of 1790 (1 Stat. 137), or subsequent reenactments or versions thereof. (2) The Indians, Indian nations, and tribes and bands of Indians, other than the Passamaquoddy Tribe, the Penobscot Nation , and the Houlton Band of Maliseet Indians, that once may have held aboriginal title to lands within the State of Maine long ago abandoned their aboriginal holdings . . . . (6) Substantial economic and social hardship to a large number of landowners, citizens, and communities in the State of Maine, and therefore to the economy of the State of Maine as a whole, will result if the aforementioned claims are not resolved promptly. (7) This Act represents a good faith effort on the part of Congress to provide the Passamaquoddy Tribe, the Penobscot Nation , and the Houlton Band of Maliseet Indians with a fair and just settlement of their land claims. In the absence of congressional action, these land claims would be pursued through the courts, a process which in all likelihood would consume many years and thereby promote hostility and uncertainty in the State of Maine to the ultimate detriment of the Passamaquoddy Tribe, the Penobscot Nation , the Houlton Band of Maliseet Indians , their members, and all other citizens of the State of Maine. (8) The State of Maine, with the agreement of the Passamaquoddy Tribe and the Penobscot Nation, has enacted legislation defining the relationship between the Passamaquoddy Tribe, the Penobscot Nation, and their members, and the State of Maine. (9) Since 1820, the State of Maine has provided special services to the Indians 298 residing within its borders, including the members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians. During this same period, the United States provided few special services to the respective tribe, nation, or band, and repeatedly denied that it had jurisdiction over or responsibility for the said tribe, nation, and band. In view of this provision of special services by the State of Maine, requiring substantial expenditures by the State of Maine and made by the State of Maine without being required to do so by Federal law, it is the intent of Congress that the State of Maine not be required further to contribute directly to this claims settlement. (b) It is the purpose of this Act— (1) to remove the cloud on the titles to land in the State of Maine resulting from Indian claims; (2) to clarify the status of other...


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