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Application of Federal Laws/1735b

(Federal) Maine Indian Claims Settlement Act

This is the federal Settlement Act as it appears in the United States Code. It includes two later amendments related to the Aroostook Band of Micmacs and the Houlton Band of Maliseets. The Settlement Act as it was passed in 1980 is included in this section of the Library under the heading, "(Federal) Maine Indian Claims Settlement Act of 1980." The amendments relating to the Micmacs and the Maliseets may also be found seperately in this section of the Library.

(Federal) Maine Indian Claims Settlement Act of 1980

This is the Maine Indian Claims Settlement Act as it was passed in 1980. The Settlement Act with later amendments relating to the Aroostook Band of Micmacs and the Houlton Band of Maliseets may be found in this section of the Library under the title, "(Federal) Maine Indian Claims Settlement Act." The amendments concerning the Micmacs and Maliseets may also be found separately in this section of the Library.

Economic and Social Impacts of Restrictions on the Applicability of Federal Indian Laws to the Wabanaki Nations in Maine

According to a press release, dated December 5, 2022, from the Harvard Kennedy School, the Harvard Project on American Indian Economic Development released a research report documenting the costs to the Wabanaki Nations in Maine—Maliseet, Mi’kmaq, Passamaquoddy, and Penobscot—and to Maine’s non-tribal citizens of the non-application of federal Indian laws that promote Indian self-determination and self-governance. In an attempt to help address this issue, earlier this year, Rep. Jared Golden introduced HR 6707, a bill to amend the 1980 Maine Indian Claims Settlement Act so that the Wabanaki tribes can benefit from future federal laws that generally apply to 570 other federally recognized tribes. The measure was ultimately added on to another bill and passed the House with bipartisan support. It awaits action in the Senate.

The Drafting and Enactment of the Maine Indian Claims Settlement Act: Report on Research Findings

This report presents archival research on and analysis of the drafting of the Maine Indian Claims Settlement Act (MICSA), a federal law enacted in October 1980 to settle land claims brought by the Passamaquoddy Tribe and Penobscot Indian Nation.

MITSC testimony on LD 308 An Act To Require the Attorney General To Consult with Tribes on MICSA

The testimony of MITSC Chair Jamie Bissonette Lewey provided to the Judiciary Committee on April 4, 2014 in support of LD 308 An Act To Require the Attorney General To Consult with Federally Recognized Indian Tribes before Issuing an Opinion on Federal Legislation Affecting the Maine Indian Claims Settlement Act of 1980.

Senator Collins 5/28/13 response to MITSC 5/13/13 letter

US Senator Susan Collins' 5/28/13 response to MITSC Chair Jamie Bissonette Lewey's 5/13/13 letter.

MITSC 5/13/13 letter to US Senator Susan Collins

The response of MITSC Chair Jamie Bissonette Lewey to US Senator Susan Collins' 4/8/13 letter.

MITSC 3/26/13 letter to US Senator Susan Collins

MITSC wrote to Senator Collins March 26, 2013 concerning her actions on the Robert T. Stafford Disaster Relief and Emergency Assistance Act during the fall/winter of 2012 and to remind her of MITSC's role.

11/14/12 memo Paul Stern, ME Attorney General's Office, to Carol Woodcock, staff, US Sen. Collins

Paul D. Stern's, Chief, Litigation Division, Maine Office of the Attorney General, reply to Carol Woodcock, State Office Representative to US Senator Susan Collins, on whether an amendment to the Robert T. Stafford Disaster Relief and Emergency Assistance Act would apply to the Wabanaki Tribes.

Tribal Sovereignty

Mark Chavaree provides a brief discussion of this concept as it applies to Indian tribes generally. The major thrust of this article concentrates on the sovereignty of the Penobscot Nation (hereinafter referred to as the “Nation”), with particular focus on the changes wrought by the 1980 Maine Indian Claims Settlement Act.

Passamaquoddy v. State of Maine 75 F.3d 784 (1996)

In 1996, the Passamaquoddy Tribe brought suit against the State of Maine on gaming (Passamaquoddy v. State of Maine 75 F.3d 784 (1996)) (Addendum 8). The Tribe argued that the Indian Gaming Regulatory Act (enacted after Stilphen and in the wake of Cabazon) opened the door for Tribal gaming in Maine and compelled the State to compact with the Tribe. The Court found that section 1735(b) was a valid "savings clause" that precluded application of Indian Gaming Regulatory Act (IGRA) in Maine unless Congress specifically made it applicable in Maine. The Court concluded that the text of IGRA gave no indication that Congress intended to make that Act specifically applicable within Maine.

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