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Eastern Indian Land Claims Part 11: Update on NARF' S Cases After Maine

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Eastern Indian Land Claims Part 11: Update on NARF' S Cases After Maine >I National Indian Law Library • NILL No. 010070 NARF Legal Review Eastern Indian Land Claims Part 11: Update on NARF' s Cases After Maine "My people have never consented to 1/11~ forced sales of their Another problem in the latlcr part of 1982 faci ng Lhrse Ea sl­ land, nor has the passinr, of y Pars diminishrd our srnsr of in· !'rn trihf's with la nd claims whi ch havr not yrt hrl'll filed in iusticc . .. It was f !t1· des if<' of 011 r pn•df'assors that w1· hold <·011 rl is that a f1·d cral ~ t al 11lt • of limitations law , pott'nlially and maintain the land. It is the desire of the Mashantucket aff<'cl ing these land cl aims, <'X pires at th e end of Lh e year. [t Pequot people to continue to exist on its land as a tribe and to is hopC'd that the stalutl' will he extended, as it has been beforr. be selj-govrrni1t f!,. " - Tribal Chairman Hi f·harcl llaywa rrl ll f hut if it apprars that d 1a 11 (TS fo r S11 <' h an Pxtf' 11 sion an· di 111 - the Mashantucket P <·quol T ribe of Cornwclicut, ll<'a ri ngs 111' ­ 111i11 g, it is <'X jH'l'll'd that 111ost trih<' s will fi le suils to proll'l'l fore the U.S. SPnalr on thf' l\fo shanluckl'l PPquol lndian Claims th<' ir land claims_ Fort11 11a tt ·ly , most havt• al ready donr so and Settlement Bill, 1982. the co 11 rt ~ hav <· pul sornt' ca~r s on hold pending sett lemrnl efforts. The end of th e Carter Administration may prov <' to have marked a signi fica nt ~ h i ft in thr progn•ss of settlin g tlw ahori gi· nal land daims of the Eastern tribes who, in the l'arly 1970s, " That no sale of lands ma.de by any Indians, or any nation began asserting their rights to lands taken ill egall y from them or tribe o} lndi'.ans within the United States, shall be valid to after passage and in violation of the In di an 1oni nlercourst• nny person or prrsons, or tu any state, whether having the right Act. At the end of his Administration, in October 1980, Presi· o} pre-emption to such lands or not, unless the same shall be dent Carter signed into law the l\Iaine Indian Settlement Act, made and duly executed at some public treaty , held under the which authorized a $81 -milli on-dollar settlement for the land authority of the U nitcd States." U.S. Congress, Trade and I nter· daims of three Maine tribes invoking two-thirds of the Stall'. <;O urse Act, J uly 22, 1790. Settlement of the Maine Indian claims, the largest and most controversial of the dozen or so active claims, gaYr encourage­ ment to othrr trihrs with claims pending in tlw courts or in NA ]{].' was not onl y lead co uns<·I in the Mairn· caSl' - rl'pn·­ negotiations. But e\-en as the historical selllement was being sentin g lht· Passamaquoddy and P enobscot tribes - but earlier signed, the advent of th e Heagan Administration put other tribes represented thP Narragansl'lt Tribe of Rhode Island when thei r on notice that future settlements might he even more prolractr rl land <'l aim was surcf'ssfull y sett kd hy federal anrl state legis· and difficult to reach. lation in 197B _ NA Hi; now rt•pn·st·nt s th\' following lril•es in their efforts to have their aboriginal land claims recognized and sett !rd: CONTENTS Wl NTEll 1082 W cstern Pequot Claim: Legislation is pendi ng in Congress to sC' ttle tl1P d aim of the Weste rn Pequots of Connecticut. It wou ld Eastern Indian Claims (P t. II) ----·-· ----- ·---------- --- ---- ---· __ . 1 pro Yicl c $900,000 for the T ribe for economic development and Planned Giving P rogram --· ---- -- --·-·-·------- --·-· --- ·- --- ---- -·-··--- .... __ __ 3 give the Tribe federal recognition status. NARF News ---------- -- -- --- -------------- ----------- --- -·- 5 Tunica-!J iloxi Claim_· Now th at NARF has successfu lly as· Pamunkey Contribution ______ __ __, __ ___ _, __ __ _., ____ _ -- ---·-·- ---- ·- 6 sistcd the Trihe in obtaining frderal recognition, a stumbling Case Developments ----- ----- ------- --------- --------- ·-----·---- -- · .. ·------ .. ------ ·· 6 Continued on page 4 Corporate O fficers Exec utive Director: John E. Echohawk (Pawnee) Deputy Director: Jeanne S. Whiteing (Blackfeet-Cahuilla) Development Officer: Mary L. Hanewall Native American Rights Fund Treasurer : Susan Rosseter Hart Secrerary- Oran G. LaPointe (Rosebud Sioux) The Ndrive Americ<ln Right!> Fund i; d non prof11 <J r!.J<1nl%<1l 1on specializing in the prolecrion o f Indian nghts. T he pnori11es of S taff Attorneys NARF are: ( l ) the pr eserva1ion of tribal exisrence; (2) 1he pro1ec Kurr Blue Dog (Sisseton·Wahpeton Sioux) lion of tribal nat urdl resources; (3) the promotion of human n ght~. Richard J. Dauphinais (Turtle M ountain Chippewa)* (4) the accountability of governments ro Native Amenca ns; and(.')) Waller R. Echo-Hawk (Pawnee) the development o f lnc.licin ldw. Douglas Endreson (Navajo) Kim ,Jerome Gottschalk Yvonne T. Knighl (Ponca·C reek ) Arlinc.l<1 F. Locklear (Lumbee) * Scott McElroy* Don B. Miller Anita M. Remerowski Steering Committee Terry L. Pechota (Rosebud Sioux) Executiue Committee: Jeanne S. Whiteing (Blackfeet·Cahuilla) Jeanelle Wolnt>y (Navajo/ Shoshone·Bannock ) Leo LaClair (Muckleshool), Chairman ............ Washington Bernard Kaya le (Laguna Pueblo), Vice-Chairman ... New Mexico Of Counsel C urtis Cuslalow, Sr. (Mallaponi) .............. ...... Virginia Richard B. Collins, Bruce R. Green, John Stevens (Passamaquoddy) .. .... .. ..... ... .... M aine T homas N . Tureen, Charles F. Wilkinson Other Members: Legislative Liaiso n : Su zan Shown Harjo (Cheyenne.Creek) ReNee Howell (Oglala Sioux) .. .... .. .. .. ..... South Dakota Roger Jim (Yakima) ................ ....... ... .. Washington National Indian Law Libra ry Patric k Lefthand (Kootenai) ......... ...... .. .. Montana Diana Lim Garry (Acoma Pueblo) . .......... ..... Librarian Chris McNeil, Jr. (Tlingit ) . ....... .. .... .... ..... Alaska Bryce Wildcat (Pawnee·Euchee ) . ... .. .. Research Assistant Wayne Newell (Passamaquoddy) ..... ..... .. M aine Joyce G ates (Seneca) ..... .... ........ Secretary Leonard Norris, Jr. (Klamath) . Oregon Mary Mousseau (S<1n tee Sioux) .... .... Librarian Assistant Harvey Paymella (Hopi-Tewa) . ................. .. Arizona Lois J. Risling (Hoopa) ..... ..... ..... .. ........ California Indian Law Support Center Wade Teeple (Chippewa) . ... .. .. .......... .. ... M ichigan Anita Remerowski ......... .... .. .... .......... D irector Gloria C uny (Oglala Sioux) . ... ... .. Administrative Assistant National Support Committee Head Bookkeeper: M<Hian Heymsfield Owanah Ander son (Choc taw) • K atrina McCormick Barnes Earl Biss (Crow) · Carole Bourdo (Blackfeet) Planned Gifts Coordinator: Marilyn Pourier (OglalaSioux) Gov. Edmund G. Brown Jr. • David Brubeck Iron Eyes Cody (Cherokee C ree) · Val Cordov<1 (T<los Pueblo) Office Manager: Rebecca S. M artinez Scott Francis • Sy Gomberg · Will H. Hays, Jr. S upport Staff Jamake Highwater (Blackfeet-Cherokee) • Alvin M . Josephy, Jr. Herber t Blacker .. .... ..... ... ................ Printer David Risling, Jr. (H oopa) • Dr. Jonas Salk Rose Brave (Oglala Sioux) .... .... ........ L egal Secretary Will Sa mpson, Jr. (Creek ) Leslie Marmon Silko (Laguna Pueblo) Rosetta Brewer (Cheyenne River Sioux) ..... .. Receptionist Maria Tallchief (Osage) Studs Terkel • Ruth Thompson Mary Bumbera* .. ........ ... ........ ... L egal Secretary Tenaya Torres (Chiricahua Apac he) •Dennis Weaver Linda Caso . ...... ... .... .............. Legal Secretary Sue Feller . .. .... ...... .. ... .. .. ....... Bookkeeper Sar a Hobson (N<lV<lJO) .. .. ................ L egal Secretary Mary L u Prosser (Cheyenne River Sioux) .. ...... Secretary Renil Tardugno• . ... .. ........ .. ...... Legal Secretary Pat Telle (S,mto Domingo Pueblo) ........ ...... File Clerk ANNOUNCEMENTS is published by the Ndt1ve Amencan Rights Fund. All r1gh1s Steve Wheelock (Delaware) .. ... .... ..... NILL Assistant reserved. Third class postage paid at Boulder. Colorado Oran LaPomte, Ed11or. Susan Yuk-Yin Tuttle . .. .. ........ .......... Bookkeeper Please see enclosed coupon and 11 em on .. NARF Publica11ons .. m 1h1s newslet1er for subscnp1ion information Law C lerks & Inte rns TAX S TATUS. The Na1ive American R1gh1s Fund is a non profi1, char11dble orgarn Robert Anderson (Chippewa) .. ... ............ Law Clerk zat ion incorpora1e d in 1971 under the laws of the District of Columbia . NARF 1s Ted Aschenbrenner* ....... .. ........ ... .... Law Clerk exempt from federal income tax under the provisions of Sectio n 50l(c)(3) of the Colleen Duf our (Standing Rock Sioux) ... ...... Law Clerk lnternal Revenue Cod~. ,ind contnbut1ons to NAHF "'~ t<1x deduL t1ble. The lnl<•rn»I Revenue Service has ruled that NARF is not a "pnvate foundalion .. as defined m Maggie Fo x ... ...... ......... ......... .... Legal Intern Sec1ion 509(a) of the Internal Revenue Code Lynn Hayes• . .. .. ................ ......... Law C lerk Larry Plank (Yankton Sioux) .................. Law Clerk MAIN OFFICE: Execu11ve Director, Na11ve Amencan Rights Fund , 1506 Broadway, Lori Tofsrud (Devils Lake Sioux) ................ Law Clerk Boulder, Colorado 80302 (303 447 8760). D.C. Offic e : Directing At1orney, Native Amencan Rights Fund. 1712 N Street.NW .. Washington.DC. 20036(202 785 4166). Founded 111 1970 and lncorpora1ed m Washmglon. D.C * Wc1shing1on, D.C. office srafl members. 2 NARF Initiates Planned Giving Program course, provide legal counsel in such matters. Donors interested in making or changing their NARF has recently initiated a pla nned giving wills or giving substa ntial lifetime gifts wil l want program which will
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