Explore the MITSC library for court decisions and documents regarding legal issues from pre-Settlement Act to today.
19th Century Cases: Between statehood in 1820 and the 1970s, the State of Maine did not treat the Wabanaki Tribes located within the boundaries of Maine as sovereign Indian Tribes. State court decisions during this period controlled details of Indian life in ways that a state could not lawfully do under Federal Indian Law.
The Tribes first asserted their land claims in the early 1970s alleging that their lands had been acquired by the states of Massachusetts and later Maine without approval by Congress and in violation of the Non-Intercourse Act. A series of federal and state court decisions in favor of the Tribes preceded the Maine Indian Land Claims Settlement of 1980.
Since the time of the Settlement numerous legal disputes regarding the meaning of the Settlement legislation have arisen and have been addressed by state and federal courts. The primary areas of dispute have concerned the respective jurisdiction of the tribes and the state, including the scope of “internal tribal matters” which the State cannot regulate; the meaning of the newly created municipality status of the Tribes; environmental issues; the applicability of federal statutes for the benefit of Indians; and the post-Settlement legal status of the Houlton Band of Maliseet Indians and the Mi’kmaq Nation.
Many of the legal disputes between the Tribes and State of Maine have involved water quality, fishing, and other environmental and natural resources issues.
The Penobscot Nation sought declaratory and injunctive relief to protect its rights in the main stem of the Penobscot River. The Nation asserted that the Penobscot Reservation included the waters surrounding the islands in the main stem of the river. The State of Maine contended that the Reservation is limited to only the islands themselves, and not the river. After federal District court and federal Circuit court rulings in favor of the State’s position, the Supreme Court declined to review the case.
The Wabanaki Tribes have authority to operate their own local courts, separate from federal and state courts. The jurisdiction of the tribal courts is defined in the Maine Implementing Act and other legislation. Tribal court judges hear cases and make decisions pursuant to Tribal Codes and Tribal Court Rules.
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