Maine Indian Claims Settlement Act (MICSA)

What happened

The Passamaquoddy Tribe, the Penobscot Nation and the Maliseet Tribe were asserting claims to lands in Maine; the Act settled the claims of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians. They argued the lands had been transferred in violation of law, including the Trade and Intercourse Act of 1790. The Maine Indian Claims Settlement Act, approved October 10, 1980, was Congress's answer.

The Act ratified earlier transfers. Congress declared that transfers of land from the tribes were deemed made in accordance with the Constitution and all U.S. laws, including the Trade and Intercourse Act of 1790. It treated aboriginal title as extinguished and barred related claims against the United States, a state or any other person.

In return, it authorized $81,500,000. The law set up a $27,000,000 settlement fund and a $54,500,000 land acquisition fund. The first 150,000 acres acquired for the Passamaquoddy Tribe and the first 150,000 acres for the Penobscot Nation within a defined area were to be held in trust by the United States.

The Act also changed the tribes' legal position. Maine's civil and criminal jurisdiction applies to other Indians and tribes in Maine, and to the Passamaquoddy and Penobscot to the extent the Maine Implementing Act allows. Later federal Indian laws do not apply in Maine unless Congress specifically makes them apply.

Good to know. The 'up to 300,000 acres' figure is the sum of two 150,000-acre trust provisions.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error