The Maine Indian land claims case was exceedingly complex and had tremendous social, legal, and economic implications for the State of Maine and its citizens.  The claim covered 60% of the State with 350,000 people living in the disputed area.  After four years of negotiations, the Maine Indian Claims Settlement Agreement of 1980 was reached.  With the tribes receiving $81.5 million, this was the largest settlement of its kind in the country and the first to include provisions for the reacquisition of land.  The settlement affected Wabanaki People in Maine in three different ways:

It defined a special relationship between the State of Maine and the Passamaquoddy Tribe and Penobscot Indian Nation.  It was agreed that these tribes would have authority over their own internal matters on the reservations.  At the same time, it was agreed that they would continue the trust relationship with the federal government that had been recognized during the 1970s. 

It provided federal recognition for the Houlton Band of Maliseets, but did not define a special relationship with the State of Maine. 

It did not include Maliseet People who were not members of the Houlton Band and the Aroostook Band of Micmacs.  It was not until late 1991 that the Aroostook Band of Micmacs won federal recognition.


Purpose of This Paper

During the fourteen years since the settlement, there have been spirited debates about state versus tribal jurisdiction in many areas, including land use regulation, tribal courts, fish and wildlife enforcement, and educational funding, to mention a few.   Many people involved in these discussions have been well versed in settlement issues and terms.  Some have not been so well informed.  In addition, the general public has only a limited understanding of the land claims and settlement.

The purpose of this report to provide information about the key concepts underlying the land claims and settlement (Section 2); the historical context of the land claims and settlement (Section 3); events leading to, views about, and terms of the settlement (Sections 4, 5, and 6); and actions and debates since the settlement (Section 7).   This paper is not a legal interpretation of the settlement agreement by the Maine Indian Tribal-State Commission.  Nor should it be construed as such.

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.