25 U.S.C. § 1721 : US Code - Section 1721: Congressional findings and declaration of policy

Search 25 U.S.C. § 1721 : US Code - Section 1721: Congressional findings and declaration of policy

(a) Findings and declarations
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.
(3) The Penobscot Nation, as represented as of the time of
passage of this subchapter by the Penobscot Nation's Governor and
Council, is the sole successor in interest to the aboriginal
entity generally known as the Penobscot Nation which years ago
claimed aboriginal title to certain lands in the State of Maine.
(4) The Passamaquoddy Tribe, as represented as of the time of
passage of this subchapter by the Joint Tribal Council of the
Passamaquoddy Tribe, is the sole successor in interest to the
aboriginal entity generally known as the Passamaquoddy Tribe
which years ago claimed aboriginal title to certain lands in the
State of Maine.
(5) The Houlton Band of Maliseet Indians, as represented as of
the time of passage of this subchapter by the Houlton Band
Council, is the sole successor in interest, as to lands within
the United States, to the aboriginal entity generally known as
the Maliseet Tribe which years ago claimed aboriginal title to
certain lands in the State of Maine.
(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 subchapter 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 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) Purposes
It is the purpose of this subchapter -
(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 land and natural resources
in the State of Maine;
(3) to ratify the Maine Implementing Act, which defines the
relationship between the State of Maine and the Passamaquoddy
Tribe, and the Penobscot Nation, and
(4) to confirm that all other Indians, Indian nations and
tribes and bands of Indians now or hereafter existing or
recognized in the State of Maine are and shall be subject to all
laws of the State of Maine, as provided herein.