Maine Indian Land Claims Settlement
Photo: Congress
Since Maine separated from Massachusetts in 1820 until the 1970s, the federal government and Maine treated the Wabanaki Nations as non-sovereign. The state exercised extensive control over the Wabanaki, conflicting with Federal Indian Law. This state control was legitimized by the Maine Supreme Judicial Court, which ruled that the Wabanaki were wards of the state.
In the early 1970s, the Passamaquoddy and Penobscot asserted land claims, challenging the state's view of their sovereignty. The 1975 Passamaquoddy Tribe v. Morton case affirmed the federal government's trust responsibility to the Wabanaki, leading to federal recognition for the Passamaquoddy and Penobscot. Subsequent rulings in 1979 upheld the Tribes' jurisdiction over historic reservations and confirmed their sovereignty under Federal Indian Law.
During land claims negotiations, the state aimed to limit land return claims and shift financial burdens to the federal government. In contrast, the Wabanaki sought to restore their land base, gain financial compensation, and maintain their recognized status.
At the conclusion of the settlement in 1980, the Passamaquoddy, Penobscot, and Maliseet were awarded $81 million from the federal government to repurchase a fraction of their ancestral homelands (approximately 300,000 acres). Sold as a compromise to pave the way for sovereignty, the settlement instead gave Maine continued jurisdiction over tribal land and self-governance, immunity from past land theft and other injustices, and the power to prevent federal laws from applying to the Wabanaki tribes unless the state agreed. The Wabanaki were left impoverished, dependent upon state “assistance” from the sale and lease of their ancestral land and facing ongoing barriers to self-governance and economic growth.
