The Maine Indian Tribal-State Commission Mourns the Passing of President Jimmy Carter

The Maine Indian Tribal-State Commission mourns the passing of President Jimmy Carter, who enacted the historic 1980 Maine Indian Claims Settlement Act. He entered the Presidency with the Passamaquoddy Tribe and the Penobscot Nation’s claims that the State of Maine violated federal law and legally took 12 million acres, almost two-thirds of Maine, in full dispute. As an outsider to Washington, the former governor of Georgia was skeptical of politics as usual. He was confident of his ability to study a problem and reach a solution “irrespective of the political consequences.” Carter was determined to behave as a “trustee of the public good.” He strove for answers to multifaceted problems and talked with interested parties. During the campaign of 1976, Carter backed the Nixon/Ford policy of Indian self-determination, pledging “full consultation” with tribal leaders and that “the majority of decisions will be made in the Tribal Council room and not in Washington.” Confronted by the Maine tribal claims, however, the president’s idealistic intentions came up against political realities.

Initially, Carter sought to resolve the claims through mediation. He named retiring Judge William B. Gunter of the State Supreme Court of Georgia as a conciliator, hoping that Gunther would be a neutral opinion. Carter’s trust in Gunther proved to be misplaced. Gunther failed to act as a mediator and assumed the familiar role of judge. Although the judge announced that the tribes’ claims were credible, he recommended that if the tribes rejected a proposed plan, Congress extinguish “all aboriginal title” to privately held land and allow the Indians’ claims to publicly owned land to proceed in court. At this same time, Congress was in a budget-slashing mood which threatened any proposed settlement. Carter, nonetheless, was determined to help resolve the uncertainty surrounding land ownership in Maine, which he described as “an intolerable situation.” He characterized the Maine land claims as “one of the most difficult issues I’ve ever gotten involved in.” “I’ve aroused the animosity and criticism of almost everyone . . . But I felt it was my responsibility, as President, representing all the people of this country, to stay with it . . . .“ At the signing ceremony for the Maine Indian Claims Settlement Act of 1980, he stated, “On the one hand, the Federal Government had failed to live up to its responsibility to the Maine Indians. On the other hand, the citizens of Maine were subjected to fear and uncertainty about the title to land they considered to be their own. The Federal Government owes a special responsibility to all the people of Maine, of course, Indian and non-Indian, to settle this claim.” ‍

Although the Settlement Act and the accompanying Maine Implementing Act have been criticized as being deeply flawed, without President Carter’s courage and steadfast commitment to negotiating a settlement, there may not have been any measure of justice and resolution for the tribes. As part of the Settlement, the Maine Indian Tribal-State Commission was established. The Commission’s responsibilities include “continually review the effectiveness of the Act and the social, economic, and legal relationship between the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation and the State and to make such reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot nation as it determines appropriate.” Through its work, MITSC endeavors to fulfill President Carter’s vision that the Settlement Act will be “fair and equitable.” ‍

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