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MITSC Reports, Testimony & Presentations

Sea Run: A Study Regarding the Impact of Maine Policies on the Quality and Quantity of Traditional Tribal Fish Stocks and Sustenance Practices

MITSC has recently completed and published a new special report, Sea Run, which addresses the impact of Maine policies and activity on the quality and quantity of traditional tribal fish stocks and sustenance lifeways practices, spanning from the time of first contact between Europeans and the Wabanaki Nations to the present day. This report provides a broad overview of actions and inactions by the State of Maine, whether those actions/inactions were based on express policy, informal policy, or on decisions simply not to have any policy at all. The report includes specific recommendations for implementation that are intended to promote discussion and cooperative action.

Research Report on the 1876 Removal of Article 10, Section 5 from Printed Copies of the Maine Constitution (2021)

Research Report on the 1876 Removal of Article X (10), Section 5 from Printed Copies of the Maine Constitution (2021). For Maine to become a state, Massachusetts first had to pass legislation called the Articles of Separation. That legislation divided and allocated public property and certain obligations as between Maine and Massachusetts once they became separate states. As part of that division, Maine assumed all the “duties and obligations” Massachusetts had as regards the “Indians within said District of Maine.” The Articles also required that its terms and conditions “be incorporated into, and become and be a part of any Constitution, provisional or other, under which the Government of the said proposed State, shall, at any time hereafter, be administered; subject however, to be modified, or annulled by the agreement of the Legislature of both the said States; but by no other power or body whatsoever." The Articles of Separation were included in the Maine Constitution as Section 5 of Article X. This was one of the Sections redacted from printed copies in 1876. Sections 1 and 2 of Article X were also redacted in 1876. They covered when the first Maine legislature would meet, when initial elections would be held, how Senate and House seats would be allocated as between the counties and towns, and what the initial terms of Maine’s elected and appointed officers would be.

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.

Roundtable to Review Maine Indian Claims Settlement Act September 19, 2016

This booklet is a compilation of materials presented to the participants of the Roundtable September 19, 2016.

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.

MITSC letter to the Marine Resources Committee LD 1625

MITSC's January 23, 2014 letter to the Marine Resources Committee regarding LD 1625, An Act To Clarify the Law Concerning Maine's Elver Fishing License.

MITSC supplemental filing with the UN Special Rapporteur Rights of Indigenous Peoples James Anaya

MITSC responded to a 7/17 letter from UN Special Rapporteur on the Rights of Indigenous Peoples James Anaya seeking supporting information for a 5/16/12 letter. The MITSC submission focuses on the evidence of structural oppression of the Wabanaki Tribes within the State of Maine due to the Maine Indian Claims Settlement Act and Maine Implementing Act.

MITSC testimony on LD 1399 An Act To Provide the Micmacs with Certain Rights for Hunting, Fishing

The testimony of MITSC Executive Director John Dieffenbacher-Krall before the Inland Fisheries and Wildlife Committee on May 9, 2013 in support of LD 1399 An Act To Provide for the Aroostook Band of Micmacs Certain Rights Regarding Hunting, Fishing and Wildlife Management.

MITSC testimony on LD 72 An Act To Open the St. Croix River to River Herring

The testimony of MITSC Chair Jamie Bissonette Lewey on LD 72 An Act To Open the St. Croix River to River Herring given before the Marine Resources Committee March 25, 2013.

MITSC testimony on LD 64 An Act To Place Land in Centerville in Trust for the Passamaquoddy Tribe

The testimony of MITSC Chair Jamie Bissonette Lewey delivered before the Judiciary Committee on March 5, 2013 in support of LD 64 An Act To Place Land in Centerville in Trust for the Passamaquoddy Tribe.

MITSC testimony on LD 394 An Act To Add Members of the Micmacs to MITSC & Corresponding State Seats

The testimony of MITSC Executive Director John Dieffenbacher-Krall before the Judiciary Committee delivered March 5, 2013 in support of LD 394 An Act To Add Members of the Aroostook Band of Micmacs to the Maine Indian Tribal-State Commission and Add Corresponding Members for the State.

MITSC Testimony on LD 140 An Act To Create a Wabanaki Seat on the Bd of Criminal Justice Academy

The testimony of MITSC Executive Director John Dieffenbacher-Krall given on March 4, 2013 in support of LD 140 An Act To Create a Permanent Wabanaki Law Enforcement Seat on the Board of Trustees of the Maine Criminal Justice Academy.

MITSC testimony LD 45, An Act To Include a Representative of the Micmacs in the House of Reps.

The testimony delivered by MITSC Executive Director John Dieffenbacher-Krall to the Judiciary Committee on February 19, 2013 in support of LD 45, An Act To Include a Representative of the Aroostook Band of Micmacs in the House of Representatives.

MITSC Report to the Joint Committee on the Judiciary

The PowerPoint presentation of MITSC Chair Jamie Bissonette Lewey to the Judiciary Committee presented February 14, 2013.

MITSC Positions on Natural Resources Management & River Herring Restoration to the St. Croix

The policy position statement adopted by MITSC at its October 17, 2012 meeting concerning the restoration of river herring in the St. Croix Watershed.

The Maine Implementing Act Through the Lens of UNDRIP MITSC Presentation to NAISA 6/4/2012

The PowerPoint presentation given by MITSC Executive Director John Dieffenbacher-Krall to the Fourth Annual Meeting of the Native American and Indigenous Studies Association June 4, 2012.

MITSC letter to UN Special Rapporteur on the Rights of Indigenous Peoples James Anaya

The Maine Indian Tribal-State Commission filed a letter with UN Special Rapporteur on the Rights of Indigenous Peoples James Anaya in response to his general request for information as part of his official visit to the US in 2012.

Report MITSC ME Joint Standing Committee on the Judiciary 2/10/11

2/10/2011
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The PowerPoint presentation Jamie Bissonette Lewey presented to the Judiciary Committee on February 10, 2011.

August 5, 2010 letter from Jamie Bissonette Lewey to Mr. Thomas Birmingham, Chair, RSU 12

Jamie Bissonette Lewey, Chair of MITSC, wrote to Thomas Birmingham, Chair, RSU 12, asking the School Board to stop using the mascot redskins at Wiscasset HS.

August 26, 2009 letter from Paul Bisulca to Col. Philip Feir, Co-Chair, IJC St. Croix Watershed Bd

MITSC Chair Paul Bisulca informed Col. Philip Feir, Co-Chair, International Joint Commission St. Croix River Watershed Board, of the Commission's fishery responsibilities in the St. Croix Watershed.

Briefing of the Maine Legislature Senate Chambers 1/17/08

Paul Bisulca, MITSC Chairman, Paul Thibeault, Pine Tree Legal Assistance Attorney, and MITSC Executive Director John Dieffenbacher-Krall address the Maine Legislature in the Senate Chambers about the state of Wabanaki-Maine relations.

Final Report of the Tribal-State Work Group

1/1/2008
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This report represents the final product of the Tribal-State Work Group created by Resolve 2007, Chapter 142, 123rd Maine Legislature, Resolve, To Continue the Tribal-State Work Group

Briefing of the Maine Legislature House Chambers 1/25/07

MITSC Chairman Paul Bisulca, Pine Tree Legal Assistance Attorney, and John Dieffenbacher-Krall, MITSC Executive Director, address legislators and staff gathered in the Maine House of Representatives.

REPORT of the TRIBAL-STATE WORK GROUP TO STUDY ISSUES ASSOCIATED WITH THE MAINE IMPLEMENTING ACT

12/6/2006
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Governor Baldacci’s Executive Order 19 FY 06/07 directs the Tribal-State Work Group to “study differences in the interpretation and understanding of the Settlement Acts.” It tasks the Work Group with developing “recommendations for how the 123rd Legislature might reconcile the issues in a manner that benefits both the Tribes and the State.” The 13 members of the Tribal-State Work Group to Study Issues Associated with the Maine Implementing Act unanimously recommend continuation of the group. Accomplishments of the Tribal-State Work Group include acting as a catalyst for including in-house and external briefing sessions on the Wabanaki, the Maine Implementing Act, and tribal-state relations in the official legislative orientation for the 123rd Maine Legislature, forging a consensus to recommend including seats for the Houlton Band of Maliseet Indians on the Maine Indian Tribal-State Commission, and drafting legislation to add the Maliseets to MITSC (see appendix seven).

Impact of Maine Civil Laws on the Wabanaki: 1997-2000

A review, pursuant to a Legislative Resolve, of how the civil laws of Maine affect the ability of Indian Tribes to regulate their members, lands, schools, cultural institutions, and communities in ways that honor tribal traditions.

Impact of Maine Civil Laws on the Wabanaki: 1998

Pursuant to Resolves 1997, Chapter 45, the Maine Indian Tribal-State Commission (MITSC)is authorized and directed to undertake a systematic review of the civil laws of the State of Maine over a period of four years. The purpose of the review is to determine the manner and extent to which these laws, as enforced, constrict or impinge upon the best interests of children with respect to the: - Traditional culture and way of life as practiced in tribal communities; - Ability of the Tribes to regulate their members, lands, schools, and other cultural institutions and communities in a manner that honors tribal traditions; and - Respect and dignity appropriately given to all individual citizems in the State and members of the Tribes.

At Loggerheads - The State of Maine and the Wabanaki

1/15/1997
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At Loggerheads - The State of Maine and the Wabanaki is the final report of the Task Force on Tribal-State Relations. The Task Force on Tribal-State Relations was created by the 117th Maine Legislature. It worked from June 1996 through early January 1997 to explore ways of improving the tribal-state relationship and the effectiveness of MITSC.

Maine Indian Claims Settlement: Concepts, Context, and Perspectives

Created as part of the settlement, the Commission is required to review its effectiveness and the relationship between the State and the Passamaquoddy Tribe and Penobscot Indian Nation. The Commission hopes that this report will promote greater understanding of the issues and deeply held beliefs that shape today's debates about tribal-state relations.

MITSC Analysis of LDs 72, 748 and 584

The MITSC analysis of LD 72 An Act To Open the St. Croix River to River Herring, LD 584 An Act To Provide for Passage of River Herring on the St. Croix River in Accordance with an Adaptive Management Plan, and LD 748 An Act Regarding the Passage of River Herring on the St. Croix River.

MITSC testimony LD 1456 An Act Regarding the Right of Native Americans to be Issued Hunting, Fishing

The MITSC testimony presented to the Inland Fisheries and Wilflife Committee on LD 1456 An Act Regarding the Right of Native Americans to be Issued Hunting, Fishing and Trapping Licenses.

Testimony on LD 651 An Act to Improve Tribal-State Relations

MITSC written testimony provided to the Judiciary Committee on LD 651 An Act to Improve Tribal-State Relations.

Testimony of Jamie Bissonette Lewey in Support of Bonnie Newsom for UMaine System Bd of Trustees

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The testimony of MITSC Chair Jamie Bissonette Lewey in support of the nomination of Penobscot Nation citizen Bonnie Newsom for a seat on the University of Maine System Board of Trustees.

Testimony Concerning a Proposal to Change the Legal Status of Certain Penobscot Nation Land in Argyl

MITSC testimony on a portion of LD 445, An Act To Improve Tribal-State Relations, pertaining to the section changing certain Penobscot Nation land located in Argyle from trust to reservation status.

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