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Statutes Related to Tribal-State Issues

(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.

Maine Implementing Act

This is the Maine Act that implemented the federal Maine Indian Claims Settlement Act of 1980. The Maine Act often is referred to as the "Implementing Act," distinguishing it from the federal Act, often referred to as the "Settlement Act." The federal Act may be found in this section of the Library under either of two titles: (Federal) Maine Indian Claims Settlement Act of 1980 [Act as originally passed] or (Federal) Maine Indian Claims Settlement Act [Act with amendments relating to the Aroostook Band of Micmacs and the Houlton Band of Maliseets.]

(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.

Resolve, c. 45 First Special Session – 1997 LD 1269 Resolve, to Foster the Self-governing Powers of

Resolves 1997, Chapter 45 (LD 1269) tasked the MITSC 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 citizens in the State and members of the Tribes.

(Federal) Aroostook Band of Micmacs Settlement Act

This is the 1991 addition to the federal Maine Indian Claims Settlement Act relating to the Aroostook Band of Micmacs. The entire federal Maine Indian Claims Settlement Act also may be found in this section of the Library.

(Federal) Houlton Band of Maliseet Indians Supplementary Claims Settlement Act of 1986

This is the 1986 addition to the federal Maine Indian Claims Settlement Act relating to the Houlton Band of Maliseet Indians. The entire federal Maine Indian Claims Settlement Act also may be found in this section of the Library.

Different Version/Bills of the Maine Indian Claims Settlement Act: March 1977 to October 1980

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A timeline to accompany the report, The Drafting and Enactment of the Main Indian Claims Settlement Act: Report on Research Findings and Initial Observations. The timeline covers different versions of the Maine Indian Claims Settlement Act spanning the period March 1977 to October 1980.

PL, c. 708 LD 2145 An Act Concerning the Taking of Marine Resources by Members of the Passamaquoddy

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Public Law, c. 708 LD 2145 An Act Concerning the Taking of Marine Resources by Members of the Passamaquoddy Tribe was sponsored by Passamaquoddy Tribal Representative Fred Moore. It was an attempt to resolve the dispute between the Passamaquoddy Tribe and State of Maine concerning the taking or marine organisms. This conflict arises from opposing interpretations of how the 1980 federal Maine Indian Claims Settlement Act (MICSA) and the Maine Implementing Act (MIA) impact the Passamaquoddy fishery. The Passamaquoddy Tribe stands on its retained Aboriginal rights to fish within its traditional territory beyond reservation boundaries without interference from the State. They hold that these rights have never been abrogated since they are not mentioned in the extinguishment provisions in the MICSA. The State of Maine maintains that the tribes have no rights except as specified in the MIA and that the State of Maine has the authority to regulate the Passamaquoddy saltwater fishery and prosecute Tribal fishers who fish according to tribal law rather than state law. It became effective April 3, 1998.

PL, c. 45 1st Special Session – 1997 LD 1269 Resolve, to Foster the Self-governing Powers of Tribes

The legislation generated by the Task Force on Tribal-State Relations created in 1996. It directed MITSC to 1) review the civil laws of the State of Maine to determine the manner and extent to which those laws, as enforced, constrict or impinge upon the best interests of children with respect to: traditional culture and way of life as practiced in tribal communities; the ability of tribes to regulate their members, lands, schools and other cultural institutions and communities; and the respect and dignity appropriately given to all individual citizens in the state and members of the tribes; 2) conduct the study over a period of 4 years notably considering in part the concerns that gave rise to the bill proposed by the Passamaquoddy Tribe to rescind section 6204 of the MIA; 3) report its findings 12/15/97, 12/15/98, and 12/15/00; and 4) convene an Annual Assembly of Governors and Chiefs;

Public Law, c. 84 2nd Regular Session – 1995 LD 1667 Resolve, To Improve Tribal and State Relations

This legislation directed MITSC to create the Task Force on Tribal-State Relations. The Task Force was charged with exploring ways to improve the relationship between the state and MITSC and the state and federally recognized Indian Tribes; determining the appropriate role for the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians in the MITSC; evaluating the general effectiveness of the MITSC; engaging in other activities to improve tribal-state relations; and developing recommendations.

(Maine) Micmac Settlement Act

This is the Maine Settlement Act relating to Micmac Indians in Maine. The federal Settlement Act may be found in this section of the Library under either of two titles: (Federal) Maine Indian Claims Settlement Act or (Federal) Aroostook Band of Micmacs Settlement Act. This statutory proposal was not ratified by the Aroostook Band and did not take effect.

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