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FEDERAL AND STATE
SERVICES AND THE
MAINE INDIAN
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Thurgood Marshall Law Library
The I Inivprsitv
— A report of the Maine Advisory
Committee to the United States Commission
on Civil Rights prepared for the information
and consideration of the Commission.
This report will be considered by the
Commission, and the Commission will make
public its reaction. In the meantime, the
findings and recommendations of this
report should not be attributed to the
Commission, but only to the Maine
Advisory Committee.
December 1974
FEDERAL AND STATE SERV I CES
AND THE MAINE INDIAN
A report prepared by the Maine
Advisory Committee to the U.S.
Commission on Civil Rights
ATTRIBUTION :
The findings and recommendations contained
in this report are those of the Maine
Advisory Committee to the U.S. Commission
on Civil Rights and, as such, are not
attributable to the Commission.
This report has been prepared by the State
Advisory Committee for submission to the
Commission, and will be considered by the
Commission in formulating its recommenda-
tions to the President and the Congress.
RIGHT OF RESPONSE:
Prior to the publication of a report, the
State Advisory Committee affords to all
individuals or organizations that may be
defamed, degraded, or incriminated by any
material contained in the report an oppor-
tunity to respond in writing to such material.
All responses have been incorporated, appended,
or otherwise reflected in the publication.
This design, known as the "double-curve
motif," is of ancient Penobscot origin
and is symbolic of inter-tribal unity.
Similar designs are shared by the neigh-
boring Micmacs, Maliseets, and Passama-
quoddys who, with the Penobscots, form
the Wabanaki Confederacy. This alliance
was of considerable political importance
from the year 1700 to the late 19th cen-
tury. Tribal leaders in recent years have
been working toward renewed cooperation.
MAINE ADVISORY COMMITTEE
TO THE
UNITED STATES COMMISSION ON CIVIL RIGHTS
*Hon. Harvey Johnson
Chairman
Dr. Stanley J. Evans
Vice Chairman
Gregory P. Buesing
Secretary
Terry C. Polchies
Chairman, Subcommittee on
Indian Affairs
Andrew Akins
*Maple R. Anderson
Thomas L. Battiste
Lulu M. Chamberland
Rev. Daniel R. Collins
Joseph I. Craig
*Hon. Minnette H. Cummings
Ralph Dana
Dorothy Doyle
Normand C. Dube
Shirley J. Elias
Jane L. Ezzy
John B. Forster
*No longer a member of the
Hon. Eugene Francis
John R. Hanson
Robert P. Ho
Thomas P. Kapantais
Leonie B. Knowles
Rev. Raymond A. LaFramboise
John Marvin
Erlene Paul
Jane Riley
Lucille Sheppard
Hon. Allen Sockabasin
Hon. Gerald Talbot
Maine Advisory Committee,
ii
LETTER OF TRANSMITTAL
MAINE ADVISORY COMMITTEE TO THE
U.S. COMMISSION ON CIVIL RIGHTS
December 1974
MEMBERS OF THE COMMISSION
Arthur S. Flemming, Chairman
Stephen Horn, Vice Chairman
Frankie Freeman
Robert S. Rankin
Manuel Ruiz, Jr.
John A. Buggs , Staff Director
Sirs and Madam:
The Maine Advisory Committee, pursuant to its
responsibility to advise the Commission about civil riahts
problems in this State, submits this report on Federal
and State Services and the Maine Indian.
Through its investigation and hearing, the Advisory
Committee concludes that Maine Indians are being denied
services provided other American Indians by various Federal
agencies including the Bureau of Indian Affairs, U.S.
Department of the Interior; and the Indian Health Service,
U.S. Department of Health, Education, and Welfare. The Com-
mittee further concludes that Maine's Indians are entitled to
these services and that their continued denial constitutes
invidious discrimination against Maine Indians while at the
same time placing a disproportionate burden on Maine tax-
payers .
The Advisory Committee also found that half of the
Indians in Maine are not receiving State Indian services
because they live off-reservation. The Committee recommends
that the State develop an integrated program of services for
members of the four tribes — Passamaquoddy , Penobscot, Micmac,
and Maliseet — regardless of residency on- or off-reservation.
Both State and Federal services have been withheld from
a people whose need for assistance is tragically evident:
unemployment among Maine Indians as of 1973 was reliably
estimated at 65 percent; a 1971 survey of off-reservation
housing for Indians found 45 percent substandard and poor;
health studies of the Maine Indians reveal chronic and
severe problems of alcoholism, malnutrition, and disease;
bicultural education, which is central to the preservation
of tribal values and traditions, is largely nonexistent; the
ratio of Indian children in foster care homes is 16 times
that of the general population, yet only 4 of the 136
Indian children under foster care in Maine have been placed
in Indian homes — homes which in some cases were built by the
State but are now considered physically inadequate to meet
State licensing standards; and while Indians are held respon-
sible for law enforcement on reservations, they are unable to
set safe speed limits on State highways crossinq their lands.
The Advisory Committee concludes that these facts are not
isolated quirks of circumstance: they are the result of long-
standing assumptions, policies, and practices of discrimination
against Maine's Native American population.
In addition to its investigation of the denial of
specific Indian services, the Advisory Committee reviewed
the various Federal and State programs for which Maine Indians
are generally eligible as citizens. In these programs, the
Advisory Committee found a wide spectrum of attitudes toward
Maine Indians. It is evident that there are areas of progress.
Yet, it is also clear that Indians have seldom been included
in the planning or decision-making process which affects
their lives.
If the Advisory Committee has an overriding concern, it
is that every State and Federal entity which may possibly
have impact on Indian people in this State must have Indian
representation and structural input in the development and
carrying out of services. Beyond this, there must be
expansion of social services from both State and Federal
levels if Maine Indians are in fact to enjoy full and equal
citizenship under the Constitution.
Finally, we request that you, as the chief officials of
the U.S. Commission on Civil Rights, act to assure the
representation of Native Americans in the employment posture
of the Commission and that you consider holding national
hearings in the near future on the problems of the non-
federally recognized tribes.
Sincerely,
/s/
Terry C. Polchies
Chairman, Indian Subcommittee
/s/
Gregory P. Buesing
Acting Chairman, Maine
Advisory Committee
ACKNOWLEDGMENTS
The Maine Advisory Committee wishes to thank
the principal authors of this report, Andrew
Akins; Gregory P. Buesing; Harriet Price,
consultant to the U.S. Commission on Civil
Rights; and Sonia Porter, Commission's Office
of Field Operations. The Advisory Committee
also wishes to thank the staff of the Commis-
sion's Northeastern regional office for its
help in the preparation of this report. Legal
review was provided by Eliot H. Stanley and
overall supervision by Jacques E. Wilmore,
regional director.
Final edit and review was conducted in the
Commission's Office of Field Operations,
Washington, D.C., by editor Bonnie Mathews,
assisted by Rudella J. Vinson, under the
direction of Charles A. Ericksen, chief editor.
Preparation of all State Advisory Committee
reports is supervised by Isaiah T. Creswell, Jr,
Assistant Staff Director for Field Operations.
THE UNITED STATES COMMISSION ON CIVIL RIGHTS
The United States Commission on Civil Rights, created by
the Civil Rights Act of 1957, is an independent, bipartisan
agency of the executive branch of the Federal Government.
By the terms of the Act, as amended, the Commission is
charged with the following duties pertaining to denials of
the equal protection of the laws based on race, color, sex,
religion, or national origin: investigation of individual
discriminatory denials of the right to vote; study of legal
developments with respect to denials of the equal protection
of the law; appraisal of the laws and policies of the United
States with respect to denials of equal protection of the
law; maintenance of a national clearinghouse for information
respecting denials of equal protection of the law; and
investigation of patterns or practices of fraud or discrim-
ination in the conduct of Federal elections. The Commission
is also required to submit reports to the President and the
Congress at such times as the Commission, the Congress, or
the President shall deem desirable.
THE STATE ADVISORY COMMITTEES
An Advisory Committee to the United States Commission on
Civil Rights has been established in each of the 50 States
and the District of Columbia pursuant to section 105(c) of
the Civil Rights Act of 1957 as amended. The Advisory
Committees are made up of responsible persons who serve
without compensation. Their functions under their mandate
from the Commission are to: advise the Commission of all
relevant information concerning their respective States on
matters within the jurisdiction of the Commission; advise
the Commission on matters of mutual concern in the prepara-
tion of reports of the Commission to the President and the
Congress; receive reports, suggestions, and recommendations
from individuals, public and private organizations, and
public officials upon matters pertinent to inquiries con-
ducted by the State Advisory Committee; initiate and forward
advice and recommendations to the Commission upon matters in
which the Commission shall request the assistance of the
State Advisory Committee; and attend, as observers, any open
hearing or conference which the Commission may hold within
the State.
VI
FOREWORD
STATEMENT OF THE HONORABLE KENNETH CURTIS ,
GOVERNOR OF MAINE, TO THE MAINE ADVISORY COMMITTEE TO THE
U. S. COMMISSION ON CIVIL RIGHTS
I am pleased to take this opportunity to speak on a very
vital issue of what governments are doing, and what they
aren't doing, for our Maine Indians.... I think that after
too many years, it has become evident that the concerns
of Maine Indians can best be presented and ultimately
solved through the self government of the Indians them-
selves So I can foresee, in the near future, when
the legislative appropriations will be and should be made
directly to the tribal governments. I have also recently
recommended to the 106th Legislature, now in session, that
speaking privileges be restored to Indian Representatives
in the Maine House, and I think that with John Stevens as
Commissioner of the Department of Indian Affairs, that
Maine Indians have started to gain control, as they should,
of their own department. Couple this with House speaking
privileges, this would give them the voice they deserve in the
affairs of their State — a voice that Maine also deserves
to hear as a welcomed contribution to our efforts to grow
and prosper as a State and as a people.
As you know, the State programs that are now being admini-
stered by the Department of Indian Affairs include, and
rightly so, assistance to the needy, housing and health
services and water and sewage projects. But all of these
services because of an initial practice which gradually
became tradition here in Maine, are pretty much restricted
to the Indians who live on the reservation. Meanwhile,
Maine Indians who do not reside on the reservations are
actually deprived of these services .... I think the appalling
social conditions which are faced by many Indians living away
from the reservations should be a matter of principal concern
for the next few years. We have asked the 106th Legislature
to create and fund a special office for off-reservation
Indians. This office would become part of the Department
of Indian Affairs. The office would then move to ensure that
off-reservation Indians were aware of available governmental
assistance and were aided in applying for benefits to which
they are entitled.
VI 1
But I think even the best efforts of State Government will
not provide Maine Indians with treatment equal to that
extended to perhaps Indians in other parts of the country.
We all know that many Eastern Indians have long been
excluded from the various benefits which were provided by
the Federal Bureau of Indian Affairs. A major factor I
see in improving the lot of Indians in this State would be
to have official recognition by the Federal Government.
So I would also like to strongly endorse the efforts to
gain such recognition and I urge this Committee to make
such a recommendation in its report to the United States
Commission on Civil Rights.
There is no question that the availability of more federal
benefits to be coupled with State aid and other agencies
available would not only mean a greater sharing of the cost
of Indian services, but a broadening of Indian programs
themselves. I do know that Senator Muskie has presented
legislation in Washington to accomplish this.
At the same time litigation which was filed by the
Passamaquoddys seeks to have the Department of the Interior
take legal action against Maine for alleged treaty violations
and consequently force the Federal Government into official
recognition and I'm very pleased to see that unanimous
support has existed in the Congressional delegation within
the State because we believe this should be done. We
believe this legal determination should be made. It's
going to clear the way to answer a lot more questions in the
future.
Whatever the outcome of these various steps, I'd just like to
say again it is the intention of my administration to continue
to work to guarantee that the Indians of Maine have equal
access to the quality of life to which all Maine people aspire,
but until that access is fully opened and free of obstructions,
there is no question that the "trail of tears" will go on
and its specter will haunt us, and Maine and the nation will
have failed to fulfill their just obligations to the Indians
of this state.*
♦February 8, 1973.
viii
CONTENTS
Pa9e
Foreword vii
Introduction 1
Part One: Policy and Law 3
I. Self Determination. 5
II. Federal Indian Services 10
III. State Policy and State Services 13
IV. State of Maine in Conflict 19
V. Conclusions and Recommendations 22
Part Two: Services as Citizens 24
I. Economic and Community Development 31
Recommendations 45
II. Housing 46
Recommendations 65
III. Health 66
Recommendations 73
IV. Education 74
Recommendations 86
V. Foster Care 87
Recommendations 89
VI. Welfare 90
Recommendations 94
VII. Law Enforcement and Public Safety 95
Recommendations 103
Exhibit I , 104
Exhibit II 105
Exhibit III 106
Exhibit IV 108
ix
INTRODUCTION
There are approximately 3,000 Indians living in
Maine. All four tribes— Maliseet, Micmac, Passamaguoddv,
and Penobscot — are of the Algonkian linquistic stock,
they originally belonged to the Wabanaki Confederacy, and
they are culturally homogeneous . l
The majority of the Indian population is located in
northeastern Maine, above and around the 45th parallel,
with the greatest numbers in Aroostook, Penobscot, and
Washington Counties. Maine Indians have retained much of
their culture, language, and government, and as this
report will demonstrate, are aggressively seeking to redress
the injustices of the past.
The Indians in Maine are Native Americans, their
ancestors considered themselves one community, and today
they comprise a distinct people. They have weathered the
ridicule and racial discrimination of surrounding non-Indian
communities. They have withstood long-standing governmental
policies to separate them from other Indians in other parts
1. For general background on Maine Indian history, the Maine
Advisory Committee referred to the following: Andrea Bear,
"Malisite, Passamaquoddy Ethnohistory , " Colby College Honors
Thesis, 1966; Gregory Buesing, "Maliseet and Micmac Rights
and Treaties in the United States," Association of Aroostook
Indians, Inc., Houlton, Me., 1973; J.D. Prince, "Passamaquoddy
Texts," Journal of the American Ethnographic Society, Vol. 10,
1921; Frank G. Speck, "Eastern Algonkian Wabanaki Confederacy,'
American Anthropologist, Vol. 17, 1915; R. Wallis and
W. Wallis, The Micmac Indians of Eastern Canada, 1955.
- 1 -
- 2 -
of the continent, to erode their political and cultural ties,
and to place them in categories such as "on-reservation" and
"off-reservation" for administrative convenience. The
attitudes of the dominant culture might have had a divisive
effect on the Indians of Maine had they not been determined
to maintain their identity.2 This is important to keep in
mind as this report outlines some of the dilemmas faced by
Maine Indians today.
The Maine Advisory Committee spent more than a year
reviewing statements, relevant documents and reports from
the staff of the U. S. Commission on Civil Rights, and
participating in a 2-day public hearing that it held in
Bangor, February 1973.3
In view of the urgency of the conditions confronting
Indians in Maine, the Advisory Committee in May 1973
released its preliminary findings and recommendations which
received wide distribution throughout the State. 4
Several of these recommendations have been put into
effect, in whole or in part: an Office of Off-Reservation
Indians has been established in the Department of Indian
Affairs; the budget of the department was increased, though
it is still not adequate; and an Indian Police Department
has been established, headed by an Indian.
However, much remains to be done. The Maine Advisory
Committee pledges to work diligently at the Federal, State,
and local levels for the recommendations of this report.
In this endeavor, we call upon all citizens of Maine to
join us.
2. Andrea Bear, "Passamaquoddy Indian Conditions," Prelim-
inary Report to the Maine Advisory Committee, U.S. Commission
on Civil Rights, 1972, Commission files.
3. Official transcript of the Maine Advisory Committee's
open meeting in Bangor, Me., Feb. 7-8, 1973 (hereafter cited
as Bangor Transcript). Available in files of U.S. Commission
on Civil Rights.
4. Federal and State Services and the Maine Indian, Prelim-
inary Findings and Recommendations, Interim Report of the
Maine Advisory Committee, December 1973, (second printing)
PART ONE
POLICY AND LAW
American Indians hold a special place in our society.
While they possess all the rights of citizens, they also
have a unique status as Indians. Their status is grounded
in aboriginal claims and tribal sovereignty dating back
before the European migration to North America. It is
guaranteed by the U.S. Constitution and Federal statutes,
and in Maine, by the State constitution and statutes.5 In
a sense, North American Indians have more rights under the
law than other citizens. It is a great national irony that
their rights both as citizens and as Indians have been and
continue to be ignored.
The dilemma of Maine Indians is worse than that of many
other Indians, because even though Maine Indians experience
problems identical to those of other Indians , the Federal
Government has systematically denied Maine Indians the
5. See generally, State of Maine: A Compilation of Laws
Pertaining to Indians, Maine Rev. stats, 1964, as amended
through 1973, prepared by the Maine State Department of
Indian Affairs, Augusta, Me., January 1974.
- 3 -
- 4 -
protection and services which it provides other Indians.6
State services to Maine Indians are inadequate and
applied unevenly. Consequently, they are left to struggle
with others for non-Indian programs which are limited.
6. "Indian Eligibility for Bureau Services," Report of
the (Ernest) Stevens Committee, Bureau of Indian Affairs,
U.S. Department of the Interior, 1972, in Commission files.
This report concludes, at p. 39: "The 13,000 Indians who
live on so-called 'state reservations,' have long been
improperly denied federal Indian services and protection.
These denials have resulted in large part from oversight
by the BIA, which shifted its attention to the Western
frontier after the Removal Era. Under the Indian Non-
Intercourse Act of 1790 (now codified at 25 U.S.C. 177)
these reservation lands are no less entitled to Federal
status than their western counterparts, and their inhabitants
are equally entitled to BIA services..."
- 5 -
I. SELF DETERMINATION
Maine Indians have a keen awareness of the complexities
of their dilemma and a strong sense of self-determination.
Tribal members who testified at the Maine Advisory Com-
mittee's hearing described their people's long struggle
for tribal autonomy and self-determination.
Richard Hamilton, the Penobscot director of the Indian
Island Operation Mainstream, said:
The Passamaquoddy , Micmac, Maliseet, and the
Penobscot Nations have existed as an ethnic
entity for many centuries. Nine-tenths of
that time we controlled our own destiny and
asked favors of no one . The remaining one-
tenth of this time has seen continual erosion
of our sovereignty until it has reached its
present level.
Little needs to be stated to outline the
present situation. ... the high school dropout
rate is 70 percent, and the standard of
living is way below the national level.
Since the Anglo-European invasion, Maine
Indians have been subjected to continuous
and unremitting social and economic
injustices. In our present enlightened age
everyone deplores the 'plight' of the
Indians. Yet no non-Indian has had signifi-
cant success in improving the record. Short
of termination, no one sees an end to the
present social problems.
...social justice will not come to a power-
less and impoverished group. Welfare or
general assistance is of little permanent
value. They do not provide individuals with
the means to make their own way in the world.
However, through the eyes of an economist,
we can see a sound future. Through economic
progress, the Maine Indian can be independent
again '
Bangor Transcript, Feb. 8, 1973, pp. 319-321,
- 6 -
Wayne Newell, the Passamaquoddy director of the
Wabanaki bilingual program at Indian Township, further
explained Indian awareness:
. . .we have a very rich history. We have a
very rich background. We have a very
beautiful country at Indian Township, clean
water, clean air. These are assets rather
than liabilities. For years the educational
system, as well as' every other system in the
United States and Canada and in the State
of Maine, have told us that you've got to
move off those reservations because they are
bad places to live.
We are awakening our children to the glories
and to the great benefits that exist at the
reservation. We are looking educationally
into the problem of self-image.
When we started the program, we assumed the
children had a negative self-image when they
came to the school But we tested
children through many devices that were
developed both by us and by some Spanish
American language programs in Texas, and we
found in conclusion that the children, in
fact, have a very high self-image of them-
selves when they come to school.
They think that being a Passamaquoddy is the
greatest thing in the world. They think the
language is the greatest thing in the world.
They think dancing and listening to the drum
is the greatest thing in the world. And what
the system does to them, be it on the reser-
vation, be it in Princeton, be it in Houlton,
Eastport, Perry, Pleasant Point, wherever it
is, the system systematically teaches our
children to be ashamed of our background. °
Indian testimony emphasized that Indians and non-Indians
have different world views, and consequently Indian partici-
pation and expertise are vital to form workable programs within
Bangor Transcript, Feb. 8, 1973, pp. 275-276.
- 7 -
Indian communities throughout the State, both on and off
the reservation. Mary Altvater, chairperson of the Pleasant
Point Passamaquoddy School Board, testified:
And another thing we would like the Federal
Government to do is to recognize proposals
made by the Ilndian] school boards, because
we have had so many proposals submitted by
others for us , and without our knowledge or
consent. Maybe our proposals would not be
as eloquent or as good; they might not con-
form to.... the rigid standards that they
ask, but it would be our proposal and it
would be our program, especially for
bicultural education.
And I say bilcultural and not bilingual,
because we feel that the language is
important, but the history is just as
important because anyone can learn to
speak Indian, but if you're not learning
in your culture you have no basis to be
proud of your heritage. 9
Unity on these matters exists throughout the Indian
community across generational lines. The Advisory Committee
heard testimony from leaders who had spent their adult
lives fighting for Indian rights. They described their long
and tiring struggle against the insensitivity of agencies
and the callousness of men in power. Yet there was no
evidence that Indian will is flagging. Former passamaquoddy
Tribal Councillor Robert Newell, in expressing the great
frustrations of Indian leaders who are more fluent in Indian
than in English, described the treatment of a Passamaquoddy
Chief who testified before a committee of the Maine State
Legislature:
I understood what he said, and I believe that
most of those people also understood what he
wanted to say, but they didn't make any attempt
to understand, they laughed. I saw these people,
I saw two people elected to this legislature,
one person nudge another person and sort of
smile or laugh at this person who was trying to
Bangor Transcript, Feb. 8, 1973, pp. 247-248,
- 8 -
express himself, trying to relate Indian
problems to the people. 10
The Indians of Maine have developed many forceful and
articulate spokesmen. Nevertheless, it is clear that
Indian voices are not being heard. Mr. Newell charged that
"there is a conspiracy existing somewhere between the State
agencies and the Federal agencies to keep Indians at a very
minimum. . . "H
Many Indian witnesses during the Advisory Committee's
hearing complained that the State of Maine has assumed the
power to regulate such internal reservation matters as
hunting and fishing, inter-Indian land transactions, and
taxation. 12 Indian lands within reservations have been sold,
leased, or given away by the State. 13 Maine's assumption of
governmental power in these areas appears to the Advisory Com-
mittee to be in violation of Federal law which prohibits
State Governments from interfering in such matters.
Although there have been periodic efforts at reform, like the
creation of the Department of Indian Affairs, the creation
of Indian controlled school boards and housinq authorities, the
State has never acknowledged any inherent sovereign powers
in the tribes. 14
10. Ibid., p. 334. Mr. Newell was director, Mainstream
program, Peter Dana Point Indian Council at time he testified,
11. Ibid. , pp. 330-331.
12. Francis J. 0' Toole and Thomas N. Tureen, "State Power
and the Passamaquoddy Tribe: 'A Gross National Hypocrisy1?"
Maine Law Review, University of Maine School of Law, vol. 23,
no. 1, 1971, pp. 10-13.
13. Bear, "Passamaquoddy Indian Conditions," pp. 1-2. The
author states that from 1836 to 1951, Maine passed to non-
Indian owners 15,000 of an original 30,000 acres ceded to the
Passamaquoddys by the Treaty of 1794; 14,800 of the remaining
15,000 acres were then leased by the State, leaving the
Indians 20 0 acres on which to live.
14. O'Toole and Tureen, "State Power," pp. 38-39.
- 9 -
Tribal representatives to the legislature have not been
allowed access to their seats on the floor of the State
House of Representatives or the right to speak on Indian
matters before that body since the 1930' s. Attempts to
resume this practice have been repeatedly blocked by the
majority of the legislature. 15
15. See debate on L.D. 2 87, introduced by Rep. Kenneth
Mills, 106th Maine State Legislature, 1973, regarding a
proposed constitutional amendment to provide for Indian
representatives to the State legislature.
-io-
ii. FEDERAL INDIAN SERVICES
In his address to Congress on July 8, 19 70, the
President proposed a progressive policy for Indian develop-
ment based on the cornerstone of Indian self-determination:
It is long past time that the Indian policies
of the Federal Government began to recognize
and build upon capacities and insights of the
Indian people. Both as a matter of justice
and as a matter of enlightened social policy,
we must begin to act on the basis of what the
Indians themselves have long been telling us.
The time has come to break decisively with
the past and to create the conditions for a
new era in which the Indian future is deter-
mined by Indian acts and Indian decisions.
....In my judgment, it should be up to the
Indian tribe to determine whether it is willing
and able to assume administrative responsibility
for a service program which is presently
administered by a Federal agency.16
The President's speech and legislative proposals, how-
ever, did not address the primary problem of Maine Indians
with regard to the Federal Government. The primary problem
tor Maine Indians, however, is not whether they will
administer their own programs, but whether they will have
any programs at all, for as it now stands, Maine Indians are
Si m r1:611?1"16 f°r the Vast bulk of fecial programs
which che Federal Government operates exclusively for
Indians.17 J
Receipt of Federal Indian services is of critical
importance for both the Indian and non-Indian citizens of
Maine. According to an estimate prepared for the Maine
Advisory Committee by the National Council on Indian Oppor-
tunity (a policy making board within the Office of the Vice
President), Maine's share of Federal Indian services through
16. Message from the President of the United States to the
House of Representatives, House Document No. 91-363, July 8,
17. Stevens Committee Report, "Indian Eligibility," pp. 37-39
-li-
the Bureau of Indian Affairs, Department of the Interior,
and the Indian Health Service of the Department of Health,
Education, and Welfare, would amount to upwards of $5
million per year. This is five times the amount presently
appropriated by the State of Maine in lieu of the Federal
funds. 18 Thus, if Maine Indians were to receive Federal
funds , they would for the first time have access to
sufficient funds to deal with their chronic social and
physical problems, and the State would be able to sub-
stantially reduce its present outlay.
Standing between Maine Indians and Federal
Indian services is the doctrine of "Federal recognition."
The Federal statute under which the bulk of Indian services
are appropriated, the Snyder Act, gives the Secretary of
the Interior authority to assist Indians "throughout the
United States."-^ when Maine's elected officials challenge
the denial of these services to Maine's Indians, as they
have done regularly (most recently in May 1973 when Governor
Curtis led a delegation of Maine Advisory Committee members
and tribal leaders to Washington to meet with the President's
Special Assistant on Indian Affairs, Bradley Patterson), they
are told that Maine Indians are ineligible for Federal Indian
funds because they have not been officially "recognized" as
Indians by the Federal Government . ^0 The denial of Federal
18. Letter from Daniel McDonald, Assistant Executive Director,
National Council on Indian Opportunity, Office of the Vice
President, to Hon. Harvey Johnson, Chairman, Maine Advisory
Committee, May 1, 1973, in response to questions raised at
Bangor hearing. (Bangor Transcript, Feb. 7, 1973, pp. 77-78)
The estimate is based on services currently provided by BIA
and IHS to Indian populations comparable to Maine's.
19. 42 Stat. 208, 25 U.S. C. A. § 13 (1921).
20. Copies of congressional correspondence pertaining to the
"recognition" question are included in the Appendix as
Exhibits I - IV, courtesy of the office of Hon. Edmund S.
Muskie, U.S. Senate.
- 12 -
services to Maine Indians has been a prime concern of
Maine's Congressional delegation. In a letter to the
President in June 1973, they argued that the use of "Federal
recognition" as an administrative vehicle for denying
services to Indians has no basis in law. 21
When asked how the tribes can be recognized, the Federal
officials reply that they mast either enter into a treaty
with the United States, be specifically "recognized" by
Congress, or have had a consistent course of dealing with
administrative officials of the Federal Government .22 The
Maine officials pointed out that Indians have had contacts
with Federal officials before, indeed that the Federal Govern-
ment funded a school for Maine Indians in the 19th century
and Maine Indian students have attended various Federal
Indian boarding schools. They were told these contacts were
not sufficient. Asked why, if these prior contacts were not
enough, Maine Indians cannot now begin establishing the
necessary contacts, Federal officials replied that Indians
cannot begin having consistent contacts unless they have had
them in the past.
The National Council on Indian Opportunity (NCIO) , the
only Federal Indian Agency which appeared before the
Advisory Committee, was created by Executive order of
President Lyndon B. Johnson in 1968, and placed within the
office of the Vice President. It was given a broad mandate
to encourage the full use of Federal programs for Indians,
coordinate activities of the various Federal departments as
they relate to Indians, evaluate program effectiveness, and
recommend new programs. It is composed of eight Indian
members and eight Cabinet members . Indian members are chosen
nationwide but none represent non- federally recognized tribes
nor has NCIO appointed non-federally recognized tribal members
to their subcommittees. Thus Maine Indians, as well as nearly
all other eastern Indian tribes, have no voice in the develop-
ment of national Indian policy. 2 3
21. Letter from the Maine Congressional delegation to the
President, June 5, 1973, included in the Appendix as
Exhibit III.
22. See Exhibits II, IV, Appendix.
23. Bangor Transcript, feh. 7, 1973, dd. 70-86. The National
Council on Indian Opportunity was disbanded June 30, 1974.
- 13 -
III. STATE POLICY AND STATE SERVICES
Since Maine Indians have been denied Federal Indian
protection and services they must cope with Maine Indian
policy which is both limited and inconsistent. Maine, for
instance, was the last State in the Union to grant its
Indian population the right to vote. This process was
begun in 1954 but not completed until 1967, nearly a half
century after the Congress acted to assure Indians that
right. 24 However, in 1965 Maine was the first State to
create a Department of Indian Affairs. ■>
Maine Indians — Maliseet, Micmac, Passamaquoddy , and
Penobscot — have a special position in the Maine law
through the State Constitution, statutes, and various
treaties. 26
As on the Federal level, the State has developed admin-
istrative interpretations as to which Indians are eligible
for State Indian services. Two arguments have been developed,
One is that Indians whose tribes have treaties with the State
are eligible; the other is that only on-reservation Indians
may receive services.
27
24. See Article II, Section I — "Elections" — Constitution
of Maine, as amended by the Act of Sept. 21, 1954; also, see
Title 21 Sections 1621-1622, Maine Rev. Stats., as amended,
setting forth special provisions for Indian Voting Districts.
As late as 1967, the Maine Secretary of State held that the
19 5 4 Constitutional amendment gave Indians only the right to
vote for representatives to the State Senate, not House.
Rep. Kenneth Mills of Eastport is credited with threatening
court action to assure full franchise, which occurred in 196 8
(Source: Memorandum to file, 8-2-74, by Gregory Buesing,
Secretary, Maine Advisory Committee)
25. Created under Chap. 1351, Sec. 4702, Maine Rev. Stats.
1964, as amended (P.L. 65, c. 340).
26. State of Maine: Compilation of Laws Pertaining to
Indians .
27. Bangor Transcript, Feb. 7, 1973, pp. 9-31. Testimony
of John Stevens, Commissioner, Maine State Department of
Indian Affairs, Augusta.
- 14 -
The State recognizes treaty obligations to Passamaquoddys
and Penobscots and claims to have fulfilled them. It does
not recognize any treaty obligation to Micmacs and
Maliseets. 2 8
The Micmacs and Maliseets, however, do not have any
reservations in Maine although there is some legal question
about this since they were connected with the Treaty of
1794 between the Commonwealth of Massachusetts and the
Passamaquoddys, a treaty recognized by the now State of
Maine. 2 9 The Micmacs and Maliseets were also historically
instrumental in assisting the Americans ' claim to all of
northern and eastern Maine during the American Revolution,
along with the Passamaquoddys and Penobscots. This began
a trust relationship with the U. S. Government. 3^
Those Micmacs and the Maliseets who live in Canada,
through the Jay Treaty of 1796, have a right to come into
the United States and acquire employment without having to
register as aliens. They also have full hunting and fishing
rights in proportion with other Indians in Maine. 31
The second criterion for determining eligibility for
State Indian services is residence on a reservation. The
legislation creating the Department of Indian Affairs makes
no distinction between on and off-reservation Indians, but
rather mandates the DIA to serve Indians who are members
of tribes. 32
28. Buesing, "Maliseet and Micmac Rights," pp. 22-25.
29. Treaty with the Passamaquoddy Tribe of Indians, by
the Commonwealth of Massachusetts, Sept. 29, 1794, in
VIII Maine Historical Society, Documentary History of the
State of Maine 98-102 (2d ser. 1902).
30. Buesing, "Maliseet and Micmac Rights," pp. 22-25.
31. Ibid.
32. Ch. 1351, Sec. 4702 M.R.S.
- 15 -
However, Maine's Department of Indian Affairs provides
services only to Passamaquoddys and Penobscots residing on
reservations. This may be in conflict with the legislation
which created that agency.
The definition of an Indian — a person of at least one
quarter Indian blood — is provided by another statute. 33
The term "tribe" however, is undefined. During the
Advisory Committee's hearing, the Maine attorney general's
office promised to provide a clarification of this term.
The promise was later rescinded by the attorney general who
stated that the issue was pending in litigation. 34 The
Advisory Committee was unable to discover any pending
litigation which directly dealt with this issue.
In 1968 the Governor's Task Force on Human Rights
recommended that the statutes on Maine Indians be clarified
and interpreted. This has not been done. As a result,
many legal matters remain unsettled, and State legislators
opposed to Indian legislation invoke the term "unconstitu-
tional" to defeat bills which might otherwise have chance of
passage .
The Advisory Committee found numerous examples of the
inconsistent nature of the State's policy for providing
Indian services:
Of the four Maine Tribes — Maliseet, Micmac,
Passamaquoddy , and Penobscot -- only members
of the latter two who live on-reservation
receive health and welfare services from the
State Department of Indians Affairs. Off-
reservation Passamaquoddys and Penobscots
do not.
33. Ch. 1351, Sec. 4701 M.R.S.
34. Bangor Transcript, Feb. 8, 1973, p. 142 P.J. Perrino,
Assistant Attorney General, Augusta, stated "...I would be
more than happy to do the research and render an official
opinion as to what a tribe is, rather than to quote some-
thing off the top of my head..." By letter of April 19, 1973
from Jon Lund, Attorney General, Maine, to Harriet H. Price,
consultant to the U.S. Commission on Civil Rights, the
agreement to render the opinion was postponed indefinitely.
- 16 -
The State will pay the transportation and tuition
for Indians living on the reservation to attend
schools off-reservation. However, the State will
not provide similar services to off-reservation
children to attend reservation schools. 35
Indian women married to white men and living on
the reservation cannot receive general assistance
from the Department of Indian Affairs, although
this is not true for an Indian man married to a
white woman and living on the reservation . 36
The Department of Indian Affairs (DIA) is authorized to
pay medical and hospital bills for reservation health needs
and to pay welfare bills for the unemployed on reservations.
The health bills are submitted by doctors and hospitals to
the DIA for payment, frequently without documentation. The
welfare requests come through "Indian Agents" who are supposed
to assess needs. 3"7 Indians said the process is degrading and
ineffective.
Nineteen years ago the Maine State Department of Health
and Welfare (DHW) , using Indian trust funds, built homes on
the Passamaquoddy reservations. These homes have been found
to be fire hazards because they have high windows , only one
exit, and poor heating facilities. Now the Bureau of Social
Welfare of DHW says that the physical condition of these
Indian homes poses an obstacle to licensing them for foster
35. Bangor Transcript, Feb. 7, 1973, pp. 256-262, Testimony
of Robert Gerardi , Maine Department of Education and Cultural
Services (DECS) , and Marion Bagley, Chairwoman, Maine Indian
Educational Advisory Committee.
36. Bangor Transcript, Stevens testimony, p. 14. See also,
testimony of Robert Wyllie, Director, Maine Bureau of Social
Welfare, Bangor Transcript, Feb. 7, 1973, p. 229. Mr. Wyllie
indicated that general assistance from his bureau would be
provided to mixed couples living on Passamaquoddy or
Penobscot reservations.
37. Bangor Transcript, Feb. 7, 1973, Stevens testimony,
pp. 9-31.
- 17 -
care. 38 When it comes to housing construction and finance,
the Passamaquoddy Indians need permission from the State
Governor to lease their own land to their own Tribal Housing
Authority to build low income housing on the reservation. 39
Similarly/ because of the State's claim to ownership of
reservation land, the great number of Indian veterans who
have volunteered for military service are denied housing
loans by the Veterans Administration. 40
The education of Indian children living on reservations
is under a Supervisor of Indian Education in Maine's
Department of Education and Cultural Services (DECS) .
Off-reservation Indians have no advocate nor do they receive
direct services from DECS, although there are Federal monies
designed to serve off-reservation Indians through State
agencies, such as Title I funds for migrant programs provided
by the Elementary and Secondary Education Act of 1965.41
John Stevens, Commissioner of the Department of Indian
Affairs and an Indian himself, told the Advisory Committee
that he viewed the DIA's role as one of advocacy for all
38. Bangor Transcript, Feb. 7, 1973, p. 228. Testimony of
Robert Wyllie, Director, Maine Bureau of Social Welfare. See
also the Legislative Record, Maine House of Representatives,
May 18, 1971, p. 2765, remarks of Rep. Doyle on L.D. 515 and
H.P. 402 regarding guaranteed loans for Indian housing: "...
The housing that was built on the Pleasant Point reservation,
under the direction of DHW, was built with Indian money, not
State money. These particular houses do not meet the fire
standards of the state at the present time. In fact there
was a severe tragedy in which several people died in one of
those houses this year."
39. Chap. 1352, Sec. 4737, Maine Rev. Stats., 1964, as amended,
40. Bangor Transcript, Feb. 8, 1973, p. 34. Testimony of
John D. Bunger, Assistant Director, U.S. Veterans Admini-
stration Office, Togus , Me.
41. Ibid., pp. 256-262. See also statement of Meredith
Ring, Supervisor, Maine Indian Education, Augusta, Bangor
Transcript, Feb. 7, 1973, p. 262.
- 18 -
Indians in Maine, and that he believed the State should
make direct grants to the tribal governments who desire
them, so they could use the appropriations more ef fectively . 42
With a yearly budget of $500,000, the DIA is able to
provide only minimal health and welfare services. Since its
inception, the DIA has had an annual deficit of $100,000.
With increased unemployment among Indians, however, the DIA
is finding its role in health and welfare increasingly
difficult to fulfill. 43
42. Bangor Transcript, Feb- 7# 1971, pp. 18,31.
43. Ibid.
- 19 -
IV. STATE OF MAINE IN CONFLICT
A network of interconnected legal problems surrounds
the Maine Indians' determination to receive Federal Indian
services and to achieve their rights as Indians. These
problems arise from the complexity of the relationship which
exists between the Indians and the State and Federal
governments, and is further complicated by aboriginal land
claims in which the Indians are seeking damages for millions
of acres of land allegedly taken from the tribes by the
State with little or no compensation. The Federal relation-
ship has been outlined in Section II. At the heart of the
Indians' problems with the State of Maine lies a conflict in
the State's perception of its responsibilities toward the
Indians and of its own best interests.
The Indians' land claim is based on the premise that
they are entitled to the protection of the Indian Trade and
Intercourse Acts, Federal laws which since 1790 have out-
lawed any transactions involving Indian land which are not
consented to by the Federal Government.44 The Federal
Government has frequently brought suit against State
governments to get land or money damages for tribes which
have lost land in violation of the Trade and Intercourse
Acts.45
The Passamaquoddy Tribe had asked Louis Bruce, former
Commissioner of the U. S. Bureau of Indian Affairs, to
recommend that the U. S. Department of Justice sue Maine on
the tribe's behalf. Commissioner Bruce agreed with the
tribe and recommended that the Justice Department bring
action, but was overruled by his superiors at the U. S.
Department of the Interior. As in the case of the Snyder
Act, these officials argued that the Trade and Intercourse
Act is not applicable, and the government, therefore, has no
duty to protect Maine Indians because they have not been
44. Trade and Intercourse Act of 1790, ch. 33 § 4, 1 Stat
138; revised by the Act of Mar. 1, 1793, ch. 19, § 8, 1 Stat
330-31; recodified under the Act of June 30, 1834 as ch. 161
§ 12, 4 Stat 730; currently codified at 25 U.S.C. § 177 (1964)
(Commonly known as the Non-Intercourse Act)
45. O'Toole and Tureen, "State Power," pp. 28-30.
- 20 -
"recognized" by Congress in a treaty of statute. ^°
The Passamaquoddys then filed suit against the Federal
officials involved (Passamaquoddy v Morton) in which,
among other things, they asked the court to declare that
"Federal recognition" is an invalid basis for denying them
protection of their land under the Non-Intercourse Act. 4*7
By way of preliminary relief, the U.S. District Court
for Maine ordered the Federal Government to file suit
against the State on behalf of the tribe before the running
of a Federal statute of limitations barred the action.
This case is presently on file, and in it the Federal
Government seeks damages from the State on behalf of the
Passamaquoddy Tribe. Shortly before the statute of limi-
tations was due to run, the Federal Government voluntarily
filed an additional suit against the State on behalf of the
Penobscot Tribe. ^8
By order of the court, the Statfe of Maine was not obliged
to take any action with regard to the two suits which the
Federal Government had filed until the underlying recognition
question was answered in Pas samaquoddy v Morton. ^ The Maine
attorney general, however, apparently decided that it was his
duty to protect the State from the Indians' claims in any
46. Memorandum from Thomas N. Tureen, Esq., Calais, Me.,
to Harriet H. Price, consultant, U.S. Commission on Civil
Rights, Commission files.
47. Ibid. Full title of the case is Joint Tribal Council
of the Passamaquoddy Tribe, et al . v. Rogers C.B. Morton,
et al, Civil Action No. 1960, U.S. District Court, Div. of
Maine, Northern Div., filed June 2, 1972. Brief in Com-
mission files.
48. The Federal District Court Order was filed June 23, 1972.
Subsequent Federal suits filed were U.S. v. Maine, Civil
Action No. 1966 (D.C. Maine, Northern Div., June 29, 1972) on
behalf of the Passamaquoddy Tribe, and U.S. v. Maine, Civil
Action No. 1970 (D.C. Maine, Northern Div., July 17, 1972) on
behalf of the Penobscot Tribe.
49. The stay was ordered on July 26, 1972, pending further
order of the court.
- 21 -
way that he could (even though he also has a discretional
statutory duty to represent the Indians), 50 and he inter-
vened in the Passamaquoddy litigation on the side of the
Federal Government, arguing that the absence of "recognition"
was a valid basis for the refusal of the Federal officials
to honor the tribe's request for a suit against Maine. 51 in
so doing, the attorney general has nonetheless, and perhaps
inevitably, placed his office in conflict with other State
offices, notably that of the Governor and with the
Congressional delegation, which have been arguing that the
"recognition" argument is not a valid basis for denying
Federal services. * Moreover, since the Secretary of the
Interior has indicated that he will consider Maine Indians
eligible for Federal Indian services if the Indians obtain
a favorable ruling on recognition in the Passamaquoddy
litigation, 53 the State appears to be in a no-win situation:
if the attorney general should succeed in helpinq the Federal
Government win, or even delay losing on the recognition
issue, his action will at the same time effectively prevent
or delay Maine Indians from receiving Federal Indian services
and the State from reducing its services outlay.
50. Pursuant to Ch. 1351 Section 4709 Maine Rev. Stats.,
1964, as amended.
51. Petition for intervention granted Jan. 17, 1973.
52. Letter to the President from the Maine Congressional
Delegation, (Exhibit III in Appendix) .
53. Based on letter from Deputy Solicitor, Office of the
Secretary of the Interior, to Hon. Edmund S. Muskie, U.S.
Senate, Apr. 2, 1973^ in which the Department stated that the
issue of eligibility turned on the litigation. (Exhibit II in
Appendix) .
- 22 -
V. CONCLUSIONS AND RECOMMENDATIONS
1. The Maine Advisory Committee concludes that Federal
Indian services are essential to the future growth and
well-being of Maine Indians. Their continued denial is an
invidious discrimination against Maine Indians and a
disproportionate burden on Maine taxpayers. The Advisory Com-
mittee further concludes that the only legal impediment to
their fair share of Federal services is the Federal
Government's "recognition" requirement, and that the
Secretary of the Interior will consider Maine Indians
eligible for Federal Indian services if they establish that
"recognition" is not a prerequisite for Federal protection
in their land claims case. Realizing that the Maine
attorney general has intervened on the side of the Federal
Government in the land claims case in the exercise of his
obligation to the people of the State of Maine, but also
realizing the potential cost of possible delays, the
Advisory Committee accordingly recommends:
That if the Indians are successful in obtaining
a favorable decision from the U.S. District Court
for Maine on the recognition issue in their
present litigation against the Secretary of the
Interior, that the attorney general not take
appeal of such a decision, and join with the
Maine Advisory Committee in vigorously pursuing
Federal services for Maine Indians.
That the Secretary, U.S. Department of the
Interior, take every administrative and
budgetary action possible to assure Federal
Indian protection and services to the four
tribes of Maine; and
That the Secretary, U. S. Department of Health,
Education, and Welfare, take every administra-
tive and budgetary action possible to extend
services of the Indian Health Services to the
four tribes of Maine.
2. The Advisory Committee concludes that the recommen-
dations of the Governor's Task Force on Human Rights in 19 6 8
have not been implemented in regard to clarifying and inter-
preting statutes on Maine Indians, and as a result Maine
Indians are hampered in lawfully exercising rights under our
State Constitution and laws, and accordingly recommends:
- 23 -
That the Governor take appropriate
steps to carry out the 196 8 recommendations
of the Task Force on this point.
3. The Advisory Committee concludes that half of the
Indians in Maine are not receiving State Indian services
because they live off the reservations. Yet, the Com-
mittee found nothing in the statutes that created the
Department of Indian Affairs that limits its services on
the basis of residency. Therefore, the Advisory Committee
recommends:
That Maine develop an integrated program of
services for members of the four tribes ,
regardless of residency on or off the
reservations , and that the budget of the
Maine Department of Indian Affairs be annuallv adjusted
on the basis of need, takinq both population qrowth and
inflation into account.
That any efforts to acquire Federal Indian
services be made on behalf of all Maine Indians.
4. The Advisory Committee concludes that the inherent
right of Indian self-determination and tribal sovereignty
is not being recognized by all governmental bodies. The
Advisory Committee recommends:
That, as a matter of basic principle, both
State and Federal governments reexamine
their policies toward Native Americans in
Maine and elsewhere, and affirm the inherent
right of Indian self-determination and
tribal sovereignty.
PART TWO
SERVICES AS CITIZENS
Although Federal Indian services are denied to all
Maine Indians and State Indian services are denied to
off-reservation Indians, they are eligible, as citizens,
for the various categorical programs sponsored by the
Federal and State governments. These include programs in
the areas of economic development, housing, health,
education, foster care, welfare, and law enforcement.
There exists a wide spectrum of attitudes towards
Maine Indians in the agencies that administer these pro-
grams, ranging from a sincere interest and commitment to
a grave insensitivity. Some agencies, for instance, did
not appear before the Maine Advisory Committee's hearing
or respond to the Advisory Committee's requests for infor-
mation. It seems evident that as long as Maine Indians
are denied Federal recognition they will be dependent upon
the good will of Federal and State administrators and
their staffs for assistance. Generally , services to the
low-income populace are far less secure than those of
recognized Indian communities.
Maine's Congressional Delegation and Governor are contin-
ually dealing with Federal agencies to insure that funding to
Maine Indians is not arbitrarily cut off. For instance, when it
appeared that Economic Development Administration (EDA) monies
for Indian water and sewer projects would be transferred to the
- 24 -
- 25 -
BIA (which refuses to serve Maine Indians) , the Governor
and the Congressional Delegation could see, in effect,
that this would halt all development. Frequently Federal
services provide the major employment on a reservation.
With a 65 percent unemployment rate among Maine Indians,
the removal of Federal services would send them into near
total unemployment.
Each of the federally funded programs has an advisory
board or committee, and each State agency has developed
State and local plans for the use of its funds. There are
too many agencies, plans, and committees for Maine Indians
to participate effectively in all of them. iThe Maine
Advisory Committee was told of instances when Indian com-
munities were used by local non-Indian agencies to acquire
funding without the knowledge of those communities . 54
In other instances, witnesses said Indians were simply not
made aware of potential funding sources.]
The Federal Regional Council (FRC) of Region I has been
working on these problems of cooperation and coordination
since January 1972 when it created an Indian Working Group.
Richard Putnam, chairman of the Indian Working Group, pre-
sented to the Advisory Committee a full review of the FRC ' s
objectives, its activities to date, and a proposed outline
to facilitate full participation by Indians in New England
in federally funded programs. "
The FRC was established by the President in 1971 and is a
composite group consisting of the regional directors of the Depart-
ment of Health, Education, and Welfare (DHEW) , Housing and Urban
Development (HUD) , Department of Labor (DOL) , Office of
Economic Opportunity (0E0) , and the regional representatives
of the Secretary of Transportation. In Region I, FRC member-
ship has been expanded to include the New England Regional
54. Bangor Transcript, Feb. 7, 197 3, Stevens testimony, p. 16
55. Ibid. , pp. 41-59.
- 26 -
Commission, the Law Enforcement Assistance Administration
(LEAA) , and the Environmental Protection Agency (EPA) .56
Mr. Putnam explained the origins and objectives of the
Indian Working Group:
In early 1972 the FRC began to explore the
concept of coordinating federally funded
Indian programs. The first meeting on the
subject was held on January 13, 1972, and
was comprised solely of Federal representa-
tives. The second meeting held on March 3,
1972, included both Federal and Indian
representatives. This group prepared a
listing of New England Indian groups and
summary of Federal programs impacting
primarily on these groups. Additionally,
the group recommended the creation of
Region I, the FRC sponsored Indian Task
Force. . .
Specifically, the objectives were: (1) to
coordinate Federal programs directly
affecting Indian groups, and to facilitate
the exchange of basic data concerning
Indian problems; and (2) to provide a
clearinghouse, an in-house clearinghouse
mechanism to insure that proposals for
funding or technical assistance for Indian
groups receive coordinated review. . .
The FRC Indian Working Group, in reviewing
applications and grants found that the
funding agencies, Federal agencies, needed
to be more cognizant in culture, Indian
culture and Indian programs, in order to deal
more effectively with Indian grantees. That
group also identified a need to develop a
better review mechanism, review of proposals,
applications to insure Indian participation
in reviewing applications and grants affecting
Indians. Further consideration is also being
given for providing assistance to Indian
56. Bangor Transcript, Feb. 7. .1973, pp. 41-42.
- 27 -
organizations regarding the present
changes in categorically funded Federal
programs to take effect in the fiscal
year 1974.57
Since the Advisory Committee's hearing, the FRC has
established an Indian Task Force, which carries more
authority than a Working Group, and has hired a Maine Indian
to act as coordinator for Indian affairs in Region 1.58
Although this offers the promise of effective Indian input,
there is often confusion between the Indians and the various
agencies. For example, the Region I Director of DHEW sent
a representative to the hearings , and also conveyed a full
report on agencies affected by the Advisory Committee's
inquiry. The transmittal letter with the report summarizes
DHEW Reqion i's recent awareness of Maine Indian needs:
We are not yet doing all that we would like
to do, but we have increased substantially
our Maine Indian programming since my first
meeting with Governor Kenneth Curtis and
John Stevens about 2 years ago. Each of our
agencies has made an earnest effort to help
as much as the law and available funds will
allow.
Our efforts have been aided immeasurably by
the presence in our regional office over the
last few months of James Sappier, a Maine Indian
on a Ford Fellowship. He has been a worthy
ambassador of his people, and we have given him
full access to all our program information and
our personnel. 59
57. Bangor Transcript, pp. 42-44.
58. James Sappier, Federal Coordinator, Indian Affairs,
Federal Regional Council, JFK Bldg. , E-431, Boston,
Mass. 02203.
59. Harold Putnam, Regional Director, Region I, Boston,
Mass., to Hon. Harvey Johnson, Chairman, Maine Advisory
Committee, Feb. 1, 1973, Commission files.
- 28 -
Despite this, when Maine Indian Affairs Commissioner
John Stevens wrote to the Regional Director on a list of
crucial areas, Stevens had to wait 2 months for a reply —
which promised only a "review" and future meeting. 60
Commissioner Stevens asked help from the Regional Office in
obtaining the following:
1. Indian interns for the Department of Indian
Affairs to administer and oversee health
care services and mental health programs
for Maine Indians, and a department coor-
dinator for all health, education, and
welfare programs.
2. Public health services for Maine Indians.
The U.S. Public Health Service has never
made Indian Health Service available to
Maine Indians.
3. Indian day care and foster home services
so Indian children will not be forced off-
reservation to live with non-Indians.
4. The utilization of existing health and
medical services to provide a doctor and a
dentist for a clinic and home patient
service.
5. Recruiting of para-medics, para-profes-
sionals, and aides to train and advise
Indian people in the absence of doctors.
6. The use of the Board of Governors as
recipients of planning grants for compre-
hensive planning. (DHEW planning areas have
never been represented by Penobscot or
Passamaquoddy people.)
At the same time, DHEW' s Region I Office for Civil Riqhts
reviewed Maine's Department of Health and Welfare and
Department of Mental Health and Corrections . The review was
concerned that the Department of Indian Affairs might be
60. John Stevens, Commissioner, Maine Department of Indian
Affairs, to Harold Putnam, DHEW, Boston, Mass., Dec. 18, 1972
Mr. Putnam's reply, dated Feb. 23,1973, stated, "I do not
recall receiving the original and regret whatever caused
tnis delay in replying to you." Commission files.
- 29 -
used by these and other State agencies for avoiding their
responsibilities to Maine Indians. °1
Many of the Federal agencies have Indian Desks within
their organizations, most of which provide information and
assist in policy, although several also have funding
responsibilities such as those in 0E0 and EDA.
The Office of Indian Affairs, which is directly
responsible to the Secretary of DHEW, was represented by
its director, George Clark, at the Advisory Committee's
hearing. The Office of Indian Affairs reviews legislation
which would affect Indian health, education, and welfare
and makes recommendations to the Secretary of DHEW. It
also reviews proposed program guidelines and new programs
proposed for Indians. [Another function of the office,
Mr. Clark said, is to state for the Administration a
position on the relationships between Indian tribes and
the Federal Government for the "New Federalism. "J 62
The Office of Indian Affairs is also in a position
to recommend to the Secretary that eastern Indians, including
Maine Indians, be adequately represented on advisory boards
within DHEW and on State advisory boards which receive DHEW
monies for health and other services. Mr. Clark said his
office had received proposals from the first conference of
the Coalition of Eastern Native Americans and that he was
considering them. His office, he said, would also consider
recommendations from the Maine Advisory Committee for services
to Maine Indians. 63
61. John G. Bynoe, Regional Civil Rights Director, Office
for Civil Rights, DHEW, in HEW Program Statements for hearing
on Federal and State services and the Maine Indian, Feb. 7-8,
1973. Commission files.
62. Bangor Transcript, Feb. 7, 1973, pp. 87-96.
63. Ibid. , p. 89.
- 30 -
In general, the Indian Desks assist all Indians, not
merely the federally recognized tribes. It appears that
the services provided by these Indian Desks are not viewed
as specifically within the framework of "Federal Indian
Services." However, Maine Indians charge that the Indian
Desks are predisposed toward serving BIA-recognized tribes.
The lack of employment of Maine Indians within the
framework of both Federal and State agencies demonstrates
another barrier to the awareness of Maine Indian problems
and programs to meet their needs.
Many problems, several overlapping, are illustrated in
the following sections. The Maine Advisory Committee
explored in both Federal and State agencies what programs
were available for Maine Indians, what programs involved
Maine Indians, and if programs were neither available nor
involved Indians, why not. The issue of services is complex
and frequently interlocking, but the maze must be explored
for some guidance out of the dilemma.
-31-
I. ECONOMIC AND COMMUNITY DEVELOPMENT
A. Economic Deprivation Among Maine Indians
Throughout its informal, public hearings the Advisory
Committee was told of the dire economic conditions of both
on-reservation and of f- reservation Indians. The extent of
economic deprivation among Indians is difficult for
citizens to comprehend when compared with the usual criteria
for assessing depressed areas.
The Unemployment rate among Maine Indians is so high
that they form a class unequaled in Labor Department
statistics. Among reservation Indians, it is estimated
that unemployment is between 60 and 80 percent. It is about
60 percent at the Penobscot Reservation because local shoe
factories which have been a source of employment have closed.
It has always been about 70 percent at the two Passamaquoddy
Reservations. Among off-reservation Indians, approximately
50 percent are unemployed. However, among the 50 percent
of Indians who are employed, about half have only seasonal
employment. It would be safe to estimate, therefore, that
the unemployment rate among Maine Indians is about 65
percent. The sub-employment or under-employment rate is
incalculable . 64
Several Federal programs, which are the major source of
employment for Indians, are being phased out and sources of
refunding are uncertain. Allen Sockabasin, Governor of
Dana Point Passamaquoddy Reservation, told the Advisory Com-
mittee that at Indian Township, 61 workers were unemployed
in a work force of roughly 120. Of those employed, 6 worked
in private industry and 47 were employed on federally funded
jobs. 65 on Indian Island, a Penobscot Reservation, 34 Indians
worked on federally funded jobs. 66
64. Bangor Transcript, Feb. 7, 1973, p. 7. Staff report,
Harriet H. Price, consultant, U.S. Commission on Civil Rights
65. Bangor Transcript, Feb. 8, 1973, pp. 206-211, Allen
Sockabasin, Governor, Dana Point Passamaquoddy Reservation,
Indian Township, Me.
66. Bangor Transcript, Feb. 8, 1973, p. 210, Nicholas Dow,
Chairman, Penobscot Tribal Council, Indian Island, Me.
- 32 -
Because of the restructuring of Federal agencies and
cutbacks in domestic aid programs, the future is in doubt
for a number of Federal programs which have benefitted
Maine Indians. 67 Indians testified that they had benefitted
from Federal programs, and expressed concern for their future
if these programs are eliminated or transferred to other
agencies. °8 They also alleged that they are denied employ-
ment because they are Indian, particularly by business and
industry employers in the areas of their residence, some of
whom may have Federal contracts which require nondiscrim-
ination. 69
The Advisory Committee was told that Indians have had
almost no success in obtaining jobs in State agencies, even
in areas where they make up a significant percentage of the
population; nor were they represented in those occupations
which require only minimal qualifications."^
With the possible exception of the Maine Department of
Mental Health and Corrections, Indians make up less than
one-tenth of 1 percent of State employment. The Maine State
Personnel Board has not developed affirmative measures to
recruit and hire Indians, and thereby has contributed to
the critical employment problems facing Indians. 71
67. Bangor Transcript, Feb. 8, 1973, pp. 116-118, Phillip
H. Bartram, Economic Development Administration, U.S. Dept.
of Commerce, Augusta, Me.
68. Ibid., Feb. 8, 1973, pp. 198-200, Eugene Francis,
Governor, Pleasant Point Passamaquoddy Reservation, Perry, Me.
69. Ibid., p. 343, Sappier testimony.
70. Bangor Transcript, Feb. 7, 1973, p. 16.
71. Based on surveys undertaken by the Maine Advisory Com-
mittee in its study of State employment. The Governor's
Executive Order 2 4 (which supersedes Executive Order 11 in
force at the time of the Feb. 1973 hearings) requires State
agencies to maintain affirmative action programs designed to
"increase the numbers of minorities and women at all levels
and in all segments of the work force where imbalances
exist." (Article I, E.O. 24 FY 73-74, Mar. 20, 1974).
- 33 -
In questioning Federal agencies on their employment
practices in relation to Indians, the Advisory Committee
found, with the exception of some Indian Desk directors,
that Federal agencies employed few Indians. Among the
Indians who were employed as Indian Specialists , only one
was from a non-federally recognized tribe east of the
Mississippi .
- 34 -
B. Indian Testimony on Community Development
Richard Hamilton, director of the Penobscot Mainstream
program told the Advisory Committee, "Since the Anglo-
European invasion, Maine Indians have been subjected to
continuous and unremitting social and economic injustices" '2
To compensate for some of these injustices, and because
the established community action agencies were not meeting
the needs of Indians, the Passamaquoddy Tribal Council,
the Penobscot Indian Corporation, and the Association of
Aroostook Indians have sponsored their own community action
programs. These organizations have been responsible for
most of the economic and community development that has
occurred to date among Maine Indians. Representatives of
the various Indian community action efforts described for
the Advisory Committee some of the problems they have
encountered and some of the problems they foresee.
Eugene Francis, Passamaquoddy Governor and co-director
of a Limited Purpose Agency, told the Advisory Committee
of his concern over the dismantling of 0E0:
First of all, I would like to talk about 0E0
funds that are being discontinued for the State
of Maine... Now this money which is being
divided to HEW, I'm just wondering if the
Indian Desk of HEW in Washington, D.C. will have
control of this money, and if so, ...the non-
Federal Indians will not benefit from this
money .
...after 0E0 funds have been discontinued,
what are the Tribal leaders going to do?
Like for my part of it, I benefit by getting
paid under 0E0 and also handling two jobs,
as Tribal Governor (and) as the Co-Director
of the Limited Purpose Agency. 7 3
Robert Newell, director of the Mainstream program at
Indian Township, said that his program was helpful, but the
real need was for trained Indian leaders:
72. Bangor Transcript, Feb. 8, 1973, p. 320
73. Bangor Transcript, Feb. 8, 1973, p. 198
- 35 -
...I think that programs such as Mainstream
are beneficial to the tribes, but I don't
think they offer solutions. I think that
programs such as Mainstream. CAP Communitv
Action Programs, and some of the programs
are just mainly items for agencies that
just cover the true problems that exist.
And I feel that the Indians are being kept at
a certain level. If the State agencies and
the Federal agencies were really sincere and
really dedicated in offering solutions to the
so-called Indian problems, why haven't they
come across and offered training to the Indian
leaders, adequate and competent training to
Indian leaders?74
Ruben Cleaves, director of the Mainstream program at
Pleasant Point, saw the problem essentially in terms of
self-determination for Indians:
I define community development as a need.
Maine Indian people desperately need more
federally funded, State funded Indian programs,
more technical assistance, and most of all
freedom to develop Indian culture. An Indian
should have the right to define his identity
in school, research Indian history, community
development, housing, alcoholism. Social
problems that confront the Maine Indians should
be conducted by Indian people. Last year the
United States Government alone dished out over
$10 million to non-Indians to study Indians.
Not one single dollar went to an Indian
scholar. . . 75
James Sappier, a Penobscot and a Ford Fellow engaged in
a program to sensitize Federal agencies in Region I to the
real needs of Maine Indians, described the problem of over-
organization of Indian communities, without any real economic
benefits being derived:
But there is something being done on reservations
in that we've got a lot of volunteer members, we
have so many committees and commissions and task
forces and planning groups... now these [are] non-
paying positions in a low-income area...
74. Bangor Transcript, Feb. 8, 1973, p. 329.
75. Ibid., p. 335.
- 36 -
You have the governing council, housing
authorities, school committees, economic
development boards, the division of
Indian services, human relations services,
the board of governors, Save the
Children, that's a new one, Penobscot
Indian Corporation, 25 board members there.
Parish Council, St. Ann's Fidelity, you've
got the National Indian organizations and
committee membership. You've got census
committees, the Vata Council, plus a few
more scholarship committees, the Civil Rights
Commission members now, other commissions,
task forces. You've got alcoholism programs
and senior citizens and whatever else.
The thing is, you're still in that low-
income area, and you've still got these
people not getting paid to be here, that's
lost income and wages... 76
Deanna Francis, a Mainstream employee and a worker in the
field of alcoholism, also expressed the opinion that govern-
ment programs could not be counted on to meet the real needs
of Indians. She saw those needs as essentially the necessity
for Indians to regain group and individual identity:
I will first speak about the efforts that
have been made by the teenagers at Indian
Island who used to drink constantly, and used
to take drugs as well. And now these youna
people have gathered together in a home of
an old woman who will be 70 years old June 12...
Nobody knows how to make baskets. She has
taught the youth how to make these baskets , and
is teaching the youth the language which they
no longer have, and they are learning this
language. She has taught the youth to be proud
to sing their songs, which they are singing now.
She has got the youth not to drink and not to take
drugs at all. 77
76. Bangor Transcript, Feb. 8, 1973, pp. 341-342
77. Ibid. , pp. 324-325.
- 37 -
Ms. Francis also spoke of the grown-ups, and what had
happened to them:
But how about our grown-ups? And our grown-
ups are hard core alcoholics... All these
people are well-versed, all these alcoholics
are the ones who are well-versed in the Indian
songs, these alcoholics are well-versed in
legends, these alcoholics know the language so
well that if they really speak it, there's so
many words you wouldn't understand, for these
words aren't used any more... these are people
with feeling, and they have feelings of anger,
they have feelings of frustration, there are
feelings of hate, because of all the dominance
that has been put upon these people by the
government and by the church...
I don't believe the government is going to
give us anything so we can have these halfway
houses and make our people strong, because I
believe the government is going to keep us down. 78
Richard Hamilton, referred to previously, described one
Indian organization which is attempting to establish its
own form of reservation development, the Penobscot Indian
Corporation:
It is a private, non-profit corporation made
up of a 25 member cross section of the Penobscot
Tribe. It was formed in March 19 70 to foster
economic growth on the reservation. It will
promote, sponsor, and assist Indian-owned and
operated small business concerns. The corpor-
ation's fundamental policy is that control of
Indian development belongs in the hands of
Indians. Success will come by combining non-
Indian skills and techniques with Indian talents
and resources which will generate a productive
society through Indian ideals and ideas. ^9
78. Bangor Transcript, Feb. 8, 1973, pp. 326-328.
79. Ibid., p. 323.
- 38 -
The Penobscot Indian Corporation is an excellent example
of the determination of Maine Indians to organize in their
behalf, to determine their own destiny, and to foster economic
development among their people. However, the Penobscot Indian
Corporation, like other self-help efforts of Maine Indians,
is in desperate need of funds to accomplish its goals.
- 39 -
C. Federal Development Efforts
After a period of approximately 200 years of
inactivity, some Federal agencies have begun to take an
interest in the economic and community development of Maine
Indians. However, in some instances as the funds are
dispersed to local agencies, there is a question whether
Indian needs are being met.
Phillip H. Bartram, economic development representative
for the Economic Development Administration (EDA) , told the
Advisory Committee of grants made in 1968 and 1970:
We did some water and sewer business down
in the Passamaquoddy (Reservation) at
Pleasant Point in 1968 for $254,000. The'
Princeton (Reservation) water district, and
sewer and treatment collection in 196 8,
$150,000. The Passamaquoddy sewer collection
and water distribution in 1970, $413,000.
Pleasant Point sewer treatment in 1968 for
$30,00 0, was a supplement, and economic
development. .. and technical assistance studies
For $13,000.80
Mr. Bartram said thab several other grants for 1973
funding were pending in the regional office of EDA in
Philadelphia or in Washington:
...Pleasant Point, Passamaquoddy Community
Building, which we are supplementing along
with HUD, $118,000 EDA funds, and another
neighborhood facility building for the
Penobscot Tribe, for $118,000 (supplementing
a HUD grant) .81
Mr. Bartram told the Advisory Committee that another
grant pending for $32,000 would provide for the employment
of an economic developer, "an Indian himself," for the
80. Bangor Transcript, Feb. 8, 1973, p. 106.
81. Ibid., p. 107. Both grants were subsequently approved
June 30, 1973; construction has been delayed due to legal
complications involving land titles, easements, etc.
(Phillip H. Bartram, EDA regional office, Augusta, Me.,
telephone interview, Oct. 15, 1974.)
- 40 -
Passamaquoddy and Penobscot Tribes.82 Also pending was
a supplemental grant of $4,000 for the Penobscot sewage
treatment plan, and a supplemental grant of $50,900 for
the Penobscot water and sewer plan. The U. S, Department
of Housing and Urban Development (HUD) and the Environmental
Protection Agency (EPA) were participating in these two
projects. S3
Finally, Mr. Bartram told the Advisory Committee of
a pending technical assistance grant to assist a Passamaquoddy
Basket Cooperative. This grant, $36,000, would provide a
manager for the cooperative. The manager will train Indians
at Princeton and Pleasant Point "to take over eventually."
The project had been started by the Small Business Admini-
stration (SBA) , but the agency ran out of funds, Mr. Bartram
said:
We'll have a store set up probably in Calais
where they will have an office and store to
market their wares... and set up a bookkeeping
program that actually supplements them in
business . 84
Director of the Eastern Maine Development District James
Coffey explained the relationship of his agency to EDA:
82. Ibid., The grant was approved Mar. 26, 1973, and
Andrew Akins of the Penobscot Tribe was employed as the
economic developer; the grant has been renewed for FY 1975
and increased. (Bartram interview).
83. Bangor Transcript, Feb. 8, 1973, p. 107. Both grants
were awarded June 30, 1973; the Penobscot sewage treatment
plant was funded at $66,000 plus $4,000 for engineering
studies. Land clearance and title problems are delaying
construction, however. (Bartram interview)
84. Ibid., p. 108. The grant was made June 30, 1973, and
the basket cooperative is now operating. Under consideration
for new funding at present are several proposals developed
by Andrew Akins under the previous EDA grants . These pro-
posals include an arts and crafts museum at Pleasant Point,
renovation of a basket cooperative at Princeton, renovation
of a campground at Peter Dana Point to induce tourism, a
canoe tour among islands on the Penobscot River at Old Town.
(Bartram interview)
- 41 -
. . . the role we play in putting these projects
together for Federal funding is that we act
as broker. We work with the community in
preparing the necessary Federal forms in order
to secure a grant. 85
Mr. Coffey explained that his agency, which is funded by
EDA and the six counties which it serves on a matching
basis (the EDA grant was approximately $53,000), provides
staff and technical assistance for the planning of economic
development projects in the target area. Each of the six
counties, Mr. Coffey explained, has been certified by the
U. S, Department of Labor as a depressed area. In the fall
of 1972, at the time of the advisory Committee's hearing,
there were no Indians on the board of directors of the
Eastern Maine Development District. 86 James Barresi,
executive director of the Northern Maine Regional Planning
Commission, did not appear before the Committee. He did,
however, send copies of the Planning Commission's personnel
policies and its certification of compliance with EDA
Directive 7.06 (nondiscrimination) which stated:
No members of minorities, qualified or
unqualified, have applied for openings
in the past and the Northern Maine
Regional Planning Commission has not
considered such representation important
enough to make a special effort to
attract minority applicants . 87
The programs funded by EDA provide the basic facilities
needed to start available development projects on the
reservations. However, these projects will not increase
significantly the number of jobs on the reservations. Further-
more, since EDA by law cannot fund profit-making enterprises,
they will not assist Indians to become entrepreneurs. Since
EDA programs are not available to off-reservation Indians , the
Association of Aroostook Indians will not benefit from these
development projects.
85. Ibid. , p. 110.
86. Following the hearings, Allen Sockabasin, an Indian
member of the Committee, was appointed to the Board of
Directors of the Eastern Maine Development District.
87. As submitted to the Advisory Committee. Commission files
- 42 -
Roy Fleischer, chief of Rural Operations in the
Boston Regional Office of 0E0 told the Advisory Committee
of assistance rendered to Maine Indians by his agency:
During the past 12 months the regional office
has made a number of grants for work on the
behalf of low-income Indians living in Maine.
The first grant was to the Passamaquoddy Tribal
Council in the amount of $100,000, covering
the period September 1, 1972 to August 31, 1973 ,
primarily for economic development planning.
Other grants were made to the Penobscot Indian
Corporation in the amount of $25,000, the
period covering April 1, 1972 through June 30,
1973, for general program development. And
the third, the Association of Aroostook Indians
in the amount $15,000 covering the period
December 1, 1972 through August 31, 1973. The
grant is intended to allow the Association to
continue its program development work, originally
initiated under the provisions of earlier OEO
alcoholism grants (which were later transferred
to DHEW) . 8 8
Mr. Fleischer said that all OEO Indian programs in Maine
are funded by the Regional Office to the Passamaquoddy Tribal
Council, which in turn delegates the funds to both the
Penobscot Indian Corporation and the Association of Aroostook
Indians. In addition, OEO funds Pine Tree Legal Services
which provides legal assistance to Indians in Maine. 89
In a written statement to the Advisory Committee, Herbert
Sperry, director of the Maine Division of Economic Opportunity
said:
This agency... is funded by the Federal Office
of Economic Opportunity to provide technical
assistance to OEO grantees and other low-income
groups. The Division has few programmatic
responsibilities and its professional staff are
used as technical assistance and program
planning resources.
88. Bangor Transcript, Feb. 8, 1973, pp. 47-48.
89. Ibid. , p. 48.
- 43
Our assistance to the Passamaquoddy Tribal
Council (an 0E0 grantee) and the Association
if Aroostook Indians (a delegate agency of
the Passamaquoddy Tribal Council) has
included review and comment on grant appli-
cations and the assigning of VISTA Volunteers
to work with both groups. In addition,
volunteers have also been assigned in the past
to the Penobscot Reservation at Indian Island.
I would submit that the technical assistance
personnel from this agency have been under-
utilized by all three of the above mentioned
groups . 90
Mr. Fleischer indicated that "Indians living anywhere
in the State who are within the OEO guidelines are eligible
to participate in programs operated with OEO support by
the 13 community action agencies which cover the entire
State. "91 Testimony from Indians, however, raised serious
questions concerning their participation in and benefits
from local community action agencies.
The following exchanged occurred between Indian Advisory
Committee member Allen Sockabasin and Henry N. Paradis ,
representing the Maine Division of Economic Opportunity:
Mr. Sockabasin: What I'm asking is how
much input do the Indian people have, such
as in Washington County and Hancock County,
(in) the Community Action Program?
Mr. Paradis: I would not be able to answer
that, I wouldn't know. 92
Later anGther member of the Advisory Committee questioned
Harold Higgins, executive director of the Penquis Community
Action Program, on the same point:
90. Bangor Transcript, Feb. 8, 1973, pp. 46-47. Read to
the Advisory Committee by Mr. Sperry's representative, Henry
N. Paradis, State Manpower Coordinator.
91. Ibid., Feb. 8, 1973, p. 48.
92. Ibid., Feb. 8, 1973, p. 59.
- 44 -
Mr. Buesing: Do you have any Indian employees
in your area?
Mr. Higgins : I'm not sure.
Mr. Buesing: Could you find out for us?
Mr. Higgins: Yes. I may not have that
information either because i may not know
from an application for employment whether
that individual is or is not Indian.
Mr. Buesing: Are there any reservation or
off-reservation Indians on any boards , advisory
committees of your aqencv?
Mr. Higgins: Not to my knowledge
93
Representatives of the Aroostook County Community Action
Program, in which area members of the Association of
Aroostook Indians reside, and the Washington/Hancock Com-
munity Action Program, in which area Passamaquoddy Indians
reside, did not respond to the Advisory Committee's invita-
tion to participate in the informal hearing nor did they
submit a statement.
The Advisory Committee was told that the four Indian
tribes in Maine initiated their own limited purpose agencies
(which are similar to community action agencies) to receive
funds from 0E0 because they did not have input into local
community action agencies and received minimal services from
them.
0E0 ' s National Indian Desk in Washington, D.C. did not
send a representative to the open hearing, nor submit a
statement describing the programs for which Maine Indians
may or may not be eligible. Since the future of the Office
of Economic Opportunity is in serious question, it is uncer-
tain whether 0E0 programs for Maine Indians will continue
to receive funds .
93. Bangor Transcript, Feb. 8, 1973, pp. 63-64.
- 45 -
RECOMMENDATIONS
1. That when OEO funds are transferred to DHEW, the
funding of Indian Community Action Programs be
continued without interruption.
2. That EDA Indian funds not be transferred to BIA:
and, if they are, that Maine Indians continue
eligibility for public works and planning grants.
3. That Federal and State laws and policies requiring
nondiscrimination in employment be strictly
enforced in Maine with respect to both public
and private employers .
4. That Federal agencies in Region I request from
their Washington headquarters special funds
designated for Indian programs and services.
5. That State planning boards and commissions, and
advisory committees, in the field of economic
development insure that Indians are represented
on such bodies.
6. That no Federal, federally assisted or State
program for economic and community development,
designed in whole or in part for Indians, be
carried out without the approval of Indians and
the active participation of Indians in the
development of the program:'
- 46 -
II. HOUSING
A. The Indian Housing Situation
Indian housing throughout the State is generally
very poor. Although there is potential for improving
housing on-reservation, many Federal and private programs
are seriously hampered by the restrictions the State has
placed on Indian land titles.9^ Off-reservation there
does not appear to be any clear-cut way to improve Indian
housing.
George Stevens, Chairman of the Indian Township Housing Authority,
told the Advisory Committee:
As you go to the reservations the houses
are substandard fire hazards that are
crowded. It's hard for their children to
do their homework in a house that's so crowded.
There were State houses built about 14
years ago on both (Passamaquoddy) reservations,
yet they (the State of Maine) couldn't find
a house they could license (for the place-
ment of foster children) and they built the
houses themselves 14 years ago.9*
Few Indian families own their own homes off-reservation,
and many have to depend on a tight rental market where
prices are often beyond their means. Thomas Battiste, a
board member of the Association of Aroostook Indians, stated
Housing to us is the most critical problem,
and also the most frustrating problem we have.
Most of the six hundred to eight hundred
Indians that live up there (in Aroostook
County) live in substandard housing or live in
picker shacks, migrant shacks, no running
water, outhouses, the whole bit. . .Because of
94. Stephen Minichuk, Chief Attorney, Togus Office,
Veterans Administration, memorandum to loan guaranty officer,
Apr. 30, 1971, setting forth VA policy on loans for property
on Indian reservations. Commission files.
95. Bangor Transcript, Feb. 8, 1973, p. 292.
- 47 -
the substandard conditions, there have
been three deaths as a result of the
substandard housing. One guy threw
some white gas on a wood stove and
couldn't get out of there, I guess
the door was locked. Another one, a
woman, was living in a tent where
she had for her cooking area just
a fire on the outside of the tent, and
the tent caught on fire. She couldn't
get out, and her husband was badly
burned. It's a common occurrence. You
see maybe two families in one of these
shacks, 12 or 13 people in one of these
shacks, maybe sometimes two rooms. The
only heat they have is probably a wood
stove, tar paper, that sort of thing,
tar paper on the outside.
Just last summer, last fall, I saw
that a guy lived in a lean-to up in Mars
Hill.... He was living right by the dump...
The guy's whole life, his possessions
were right there in the lean-to, and he
didn't have anywhere else to go. There
was no house for him, no apartment, he
couldn't go anywhere. That was it. 96
In 1971 Maine's Department of Indian Affairs surveyed
the off-reservation Indian population under a grant from the
U.S. Department of Housing and Urban Development (HUD). The
surveyors reported: "We determined that 33.9 percent of
the housing was in the 'good' category, 2 0.62 percent in the
'fair' category, and a high 45.48 percent in the 'poor'
category." In Washington and Aroostook Counties, where about
half of the off-reservation Indian population lives, the
surveyors found the percentage of poor housing higher than
the statewide average. In Washington County, 6 0 percent of
the off-reservation housing was classified as poor; in
Aroostook County, 51.04 percent was considered poor; in
Penobscot County, where 17.54 percent of the off-reservation
Indian population lives, the proportion of housing in the
96. Bangor Transcript, Feb. 8, 1973, pp. 293-294.
- 48 -
poor category was approximately 43 percent. '
The survey described poor housing:
Poor housing conditions are more easily
described because of their lack of most
everything. This type of housing usually
consists of rundown old houses, old camps,
or decrepit apartment buildings. A
general description of our classifi-
cation of these conditions is as follows:
The exterior of the house consists of
rough boards or logs . They are sometimes
covered with roll asphalt paper or novelty
siding. The interior has a crude rough
finish with no ceiling tiles, and no cabinets
or closet space. The floors are usually
soft wood with no covering. Heating is by
stoves or even fireplaces. There is either
a single cold water faucet or pump by the
kitchen sink or no running water at all.
Lighting the facility is either done by
gas lamps or a single electric light. 98
97. Allen G. Sockabasin and John G. Stone, consultants,
"Off-Reservation Indian Survey ME P-74," Maine Department
of Indian Affairs (CPA-HUD Special Project No. Maine P-74) ,
Aug. 3, 1971, p. 37. Commission files.
98. Ibid, p. 36.
- 49 -
B . The Potential for Improving Reservation Housing
Tribal leaders have been trying to improve housing
conditions on reservation for many years. Eugene Francis,
Governor of the Pleasant Point Passamaquoddy Reservation
and a former member of the Pleasant Point Housing Authority,
described an attempt to acquire Federal housing funds
during the 1950's:
Health and Welfare built several buildings on
the reservation under our own trust funds .
And before the Housing Authority was ever
created, Health and Welfare was the Depart-
ment of Indian Affairs at the time, that they
were going to try to solicit some money from
the Federal Government and they were
unsuccessful for the simple reason, to
get the Federal funds from the Federal
Government, you've got to have a non-
profit organization to get those funds
and Health and Welfare, I guess, didn't
consider this a non-profit organization . 99
In 1967 after the creation of the Maine Department of
Indian Affairs, the State enacted legislation enabling the
creation of a housing authority on each reservation.
Francis Sappier, member of the Pleasant Point Housing
Authority and former coordinator of housing for the
Passamaquoddy Tribal Council's Community Action Program,
described the progress made at Pleasant Point:
So we got together with the officials in the
State, in Augusta, the Department of Indian
Affairs, and they thought that they would try
to coordinate a housing authority because we
had a Commissioner that used to be the Federal
Government projects, and he came from out of
State so, and his name was Ed Hinckley. So
him and I in turn went to the Governor and
we asked him about how to organize a housing
authority. He told us, and then we went back to
the legislature the following year to create this
housing authority. So the people on both reser-
vations, Pleasant Point and Peter Dana Point,
99. Bangor Transcript, Feb. 8, 1973, pp. 301-302
- 50 -
agreed that they needed a housing authority....
This is how the housing authority got created.
And we've had pretty good success so far....
The first thing that we found out was that we
had to get water and sewage, so we made appli-
cations out for the water and sewage . So we
had to write letters all over the State to
get these little organizations to support us.
So we did that, then we had to get a grant
from EDA and FWPCA, that's another two Federal
organizations. And that way we got our water
and our sewage.
It's been about 4 years that we been working
on housing. . .We got bounced around here and
there. Last year I think it was, we finished
water and sewage. That took a couple years.
There was about a million dollars involved
in the two reservations. We worked together,
Peter Dana Point and Pleasant Point. There's
that gap between us, 50 miles separating us.
And coming into the spring, we want to start
building.. .100
The results of years of hard work and cooperation be-
tween the three reservation housing authorities, the Maine
Department of Indian Affairs, HUD and other Federal agencies
were well illustrated in the statement of HUD Region I
Administrator James J. Barry which was read to the Maine
Advisory Committee by Sirrouko Howard, Assistant Regional
Administrator :
Over the past 12 months we have funded housing,
water and sewer, and Neighborhood Facilities
programs to a total of $4 million on the two
Passamaquoddy Reservations located at Indian
Township and Pleasant Point and the Penobscot
Reservation at Indian Island An additional
§600,000 may be forthcoming for the housing
programs. The cost breakdown according to
location and status of project is as follows:
100. Bangor Transcript, Feb. 8, 1973, pp. 298-300
- 51 -
Passamaquoddy Tribe
Pleasant Point:
(a) Housing/Mutual Help - home- $1.3 million
ownership (45 units to be
contructed this spring)
(b) Neighborhood Facilities - $352,800
75 percent grant
(c) Water and Sewer (To be $300,900
constructed this spring)
Indian Township:
(a) Housing/Mutual Help - home- $827,000
ownership (25 units to be
constructed this soring)
(b) Water and Sewer - 90 per- $262,100
cent grant (To be construc-
ted this spring)
Penobscot Tribe:
Ta5 Water and Sewer - 90 per- $548,500
cent grant (Awaiting EPA
approval)
(b) Neighborhood Facility - 75 $352,800
percent grant
In addition a 701 Planning Grant of $6,000 has
been awarded to the Penobscot Tribe through
the Maine State Planning Commission. 101
It is important to note that Mr. Barry's letter does not
list any new housing starts for the Penobscot Reservation.
Erlene Paul, acting director of the Penobscot Housing
Authority, told the Advisory Committee, "The Department of
Housing and Urban Development has reserved 35 new units and
5 rehab units for us."1^ Edward Bernard of HUD's Manchester
area office explained, however, that the President's 18-month
101. Bangor Transcript, Feb. 8, 1973, pp. 4-5. The prepared
statement contains additional details not read into the
transcript. Commission files.
102
Ibid.
p. 297.
- 52 -
moratorium on new housing starts applied to the Penobscots:
"The Penobscot tribe has a preliminary contract. . .you don't
have an annual contributions contract, so the freeze covers
anything that is not under an annual contributions contract,
for all central funded programs . "103
103. Bangor Transcript, Feb. 8, 1973, p. 13.
- 53 -
C. The Off-Reservation Housing Dilemma
In his statement to the Maine Advisory Committee, James
J. Barry, HUD Region I Administrator, wrote:
Since most of our programs must be applied
for through or with concurrence of the local
governing body or through a local housing
authority, such independent, off-reservation
groups as the Association of Aroostook
Indians (AAI) are not eligible for many
grants even if they are serving a significant
number of Indians. An act of Congress is
required to change this. 104
HUD personnel testifying before the Advisory Committee
provided no evidence that HUD had a consistent policy to
ensure minority involvement in local housing authorities or
their projects. Minority representation on local housing
authorities, they stated, is in no way required. When
asked what HUD policy was on this matter, specifically in
those areas where Indians make up a significant percentage
of the population and there is a housing authority,
Mr. Bernard stated:
I think we extend every effort to encourage
meetings with the housing authority to
obtain minority representation in that case.
I just can't think though of an area off-
reservation, I just can't think of an area
that has a significant number. 105
Leaving the problems of Indian housing off-reservation
to local non-Indian housing authorities, however, has
provided no solution to the crisis in off-reservation
Indian housing. Of 2,158 conventional housing units and
507 leased housing units subsidized by the U.S. Department
of Housing and Urban Development and constructed under
local housing authorities, a total of 3 units are occupied
104. Bangor Transcript, Feb. 8, 1973, p. 6,
105. Ibid., p. 20.
- 54 -
by Indians — two in Bangor and one in Presque Isle. And
of 88 local housing authority employees, none are
Indians. 1^6 Mr. Thomas Battiste, who has worked with the
Association of Aroostook Indians, attributed the crisis in
off-reservation housing partly to insensitive local housing
authorities :
But the thing is, why is this situation?
We live in 21 separate communities up
there, and we have to deal with the local
housing authorities, if they do have housing
authorities, the majority of these com-
munities do not. And you know it's kind of
hard to buck the system again. The attitude
of people in charge, it's kind of hard. 107
The only agency that has made a consistent effort to
improve off-reservation Indian housing has been the Associa-
tion of Aroostook Indians. Mr. Battiste described some of
these efforts:
We started inquiring around and was able to
get four dilapidated trailers ... from Acadia
National Park. These trailers were about
2 8 by 8, maybe 20 by 8, I guess; they had no
windows in them; the doors were banged up;
and the purchase orders we got from the
Interior Department stated that they were
eyesores. But we took them because they
are a lot better than the lean-to or any tent.
We could have fixed them up, maybe put a stove
in. They would have at least kept the water
out... The problem we had up at Houlton and
at Mars Hill, after we got them up there,
there was no land to set them on. We inquired
around and tried to find an old back field that
we could put these trailers on and nobody would
come around and donate the land or anything
like that.
106. Sirrouko Howard, Assistant Regional Administrator
for Housing Management, Region I, HUD, Boston, Mass., to
Harvey Johnson, Chairman, Maine Advisory Committee, Apr. 5,
1973. "Local Housing Authorities in the State of Maine,"
Commission Files.
107. Bangor Transcript, Feb. 8, 1973, p. 295.
- 55 -
Finally, we did find a spot... It was a
mile, 2 miles back in the woods. It
would have been just impossible to live
there because winters up there are really
a problem. 108
Mr. Battiste also described the long relationship of
the Association of Aroostook Indians with the Maine Housing
Authority and with HUD which eventually brought about the
awarding of 25 leased-rental units to the town of Houlton.
Seven of these units were to be set aside for Indians:
In Houlton, with our efforts, 3 years of
efforts, I guess, that we've been down in
Augusta, going back and forth, and hounding
the Maine Housing Authority. With the help
of HUD in Manchester, they finally got around
to granting some low-income housing up in
Houlton, which we got a commitment of seven
units. But seven is not going to solve the
problem there. On the State level, like I
said, it took 3 years for them to come across
109
After all this effort, Mr. Battiste said, there was
still a problem of getting the Houlton Town Council and the
Houlton Town Meeting to approve the housing project. At the
suggestion of Eben Elwell, then director of the Maine Housing
Authority, the Association of Aroostook Indians remained
silent about their role in acquiring the housing for the
town. The role of selling the idea of the new housing to
the town was assigned by Mr. Elwell to the Houlton Regional
Development Corporation. Mr. Battiste explained:
. . .We had to take a back seat to get
anything. They told us that if the Indians
came forth and say they got some housing,
the town would automatically say, no, we
don't want it. So, you guys stay in the
background. .. (and) we'll convince the town
that it's something good. HO
108. Bangor Transcript, Feb. 8, 1973, pp., 294-295.
109. Ibid. , p. 295.
110. Bangor Transcript, Feb. 8, 1973, p. 314.
- 56 -
After this agreement was made, the Houlton Regional
Development Corporation held a series of meetings on
Federal housing programs to which town leaders, businessmen,
and other citizens were invited. At the first of these,
Mr. Battiste continued, it was stated, "because there was
a minority, a sizeable minority group in Houlton," the town
"had a good chance of getting these monies, and the local
development agency in Houlton started to work on it". HI
No allusion, however, was made to Indian involvement in
acquiring these units, nor was there any mechanism set up
to insure Indian involvement in the execution of the
project. Mr. Battiste stated that the allotment of 7 of
the 25 units to Indians was guaranteed only by "a verbal
agreement. "H2
Although HUD Region I Administrator Barry stated that,
"Such independent off-reservation groups as the Association
of Aroostook Indians are not eligible for many grants ..." ,H3
the hearings did not conclusively determine whether certain
off-reservation groups could be made eligible for these
grants on the same basis as on-reservation groups. Mr. Howard
and Mr. Bernard were not in agreement whether Federal
recognition of off-reservation groups would make a difference
in acquiring Federal housing funds; Mr. Howard said "yes;"
Mr. Bernard said "no."H4 & series of questions were addressed
to Mr. Howard regarding the meaning of the term "Indian
colony" as a category eligible for Federal housing funds for
Indians, specifically whether such off-reservation groups as
the Maliseets and Micmacs in Aroostook County could be con-
sidered an "Indian colony." Mr. Howard answered this question
in the context of other New England Indian groups in a
situation similar to the Maliseets and Micmacs:
If this agrees with the Bureau of Indian
Affairs' interpretation, I don't know.
Now let me give you case in point why it's
bewildering to me. There are Indians
111. Bangor Transcript, Feb. 8, 1973, p. 313,
112. Ibid. , p. 315.
113. Ibid., p. 6.
114. Ibid., pp. 52-53.
- 57 -
scattered all over Maine and the rest
of the New England States and I don't
believe, I honestly don't believe that
anyone really knows where all of these
colonies and these gatherings and these
groups are. . .
I have to go back to the Narragansett
Tribe... The Narragansetts, back in 18
something underwent, or were subject to
State law. The State (De) Tribalization
Act resulted in some $86,000 being
divided up among the recognized remaining
tribe members as payment for the land they
were on... There is some question as to
the validity of that Detribalization Act.
And I only mention that because there
are many offshoots of all these tribes
that have their own colonies , and they
thought that when they detribalized that
would be the end of their culture, and
that would be the end of their mores, and
that would be the end of their schools and
the churches. That didn't happen at all.
They took the land away from them, but
they still have their own churches, and
still have their own school and they still
have their own mores and that perhaps will
always be so.
It seems to me that this group and many
other groups scattered throughout New
England should be recognized. And (there)
should be some arrangements where they would
be in a position to receive some Federal
funds as well as any other colonization that
receives funds primarily becuase they own
land. That's just a personal observation .115
115. Bangor Transcript, Feb. 8, 1973, pp. 14-16
- 58 -
D. Obstacles to Individually Financed Housing on Reservation
Many obstacles stand in the way of individual Indians who
wish to build homes on the reservation. George Stevens, Chairman
of the Housing Authority at Indian Township, explained that reservation
Indians in Maine are denied Veterans Administration loans:
This goes way back to World War II under the GI Bill of
Rights. Our boys went to war, They came back, and they
couldn't get the benefits like other boys. This has been
a thorn from that time on. . . Right after World War II,
I tried to (get) financing to build a home and I couldn't
do it. At that time we could build a home for about $6,000
or $7,000. I went to the bank, I couldn't get any money.
Well, they told me to build on, to add on. But how can
you do it without any plans, and we can't even get a loan
to remodel or build an addition. If you see the course of
of the reservation, you could see houses with additions
built on, eastside, westside, all around sometimes built
on every 2 years. This is what I actually did....
There's no place to build onto now. . . .The boys go to war,
fight like other boys and die like other boys, yet we can't
get the benefits. 116
Like many Maine Indians who have attempted to improve their own housing
situation as individuals Mr. Stevens' way was blocked. Banks will
not finance housing construction on Maine reservations. 117 The
Veterans Administration will not insure or guarantee any loan for
housing purchase or construction on reservations in Maine. 118. The
Department of Housing and Urban Development will not extend moderate
income home ownership or rental programs (Sections 235 and
116. Bangor Transcript, Feb. 8, 1973, p. 292.
117. Ibid., p. 17, Edward Bernard, HUD.
118. Ibid., p. 34, John D. Bunger, Veterans Administration.
- 59 -
2 36) to the Maine reservations. *■*■ *
In each case these denials of service are based uoon
restrictions in Maine State law placed on Indian land.
Mr. Bernard stated:
Another problem we encounter [concerns] some
of the funds available such as the moderate
income homeownership program or rental
program. . .Banks will not finance on the reser-
vation because of the land situation. There-
fore, there is nothinq to insure against loss
on the reservation. 120
John Bunger, Assistant Director of the Veterans
Administration (VA) Center, Togus , Me., explained that
there were 14 VA housing loans to Indians in Maine; 2 of
the 15 loans made to non-whites in the State in 1972 were
made to Indians. 121 No loans were made on the reservation.
Mr. Bunger explained that an eligible Indian may obtain
a home loan on the same basis as any other veteran:
There is, however, one complication — such
loans may be processed only when the
individual veteran can obtain a fee simple
title, a leasehold estate, or a life estate
to the property he wishes to acquire. This
requirement prevents an Indian veteran from
obtaining a loan [to] purchase or construct
a home located on either Indian reservation
119. Bangor Transcript, Feb. 8, 197 3, p. 7, Barry, HUD,
"Due to banks' refusal to loan individuals on the reservations
monies to construct residences, we provide no mortgage
insurance on Section 235 subsidies on reservations." The
"235" program provides mortgage insurance to assist lower-
income families in purchasing homes; the "2 36" program pro-
vides rental assistance to lower-income families. Authorizing
legislation: "235": 12 U.S.C. 1715z, National Housing Act,
Sec. 2 35, as added by the Housing and Urban Development Act
of 1968, Sec. 101 (a), Public Law 90-448, 82 Stat. 476, 477;
"236" program: 12 U.S.C. 1715z-l, National Housing Act,
Sec. 236, as added by the Housing and Urban Development Act
of 1968, Sec. 201 (a), Public Law 90-448, 82 Stat. 476, 498.
120. Bangor Transcript, Feb. 8, 1973, p. 17.
121. Ibid. , p. 34.
- 60 -
in this State. These reservations were,
as you are probably aware , made
available by the State of Maine to the
tribes for private use only, and conse-
quently, it is not possible for an
individual Indian on either reservation
to acquire fee simple or other estate to
a portion for use as a homestead as
required by the law and the VA regulations.
It would require a change in State law to
overcome this obstacle, and as such, it
is a public policy decision, which has been
the prerogative of the State of Maine
Legislature. ^22
John J. Jackson, Director of the VA Center at Togus,
provided the Advisory Committee with a 1971 report on
eligibility for loans to purchase realty located on Indian
tribal lands. Prepared by Stephen Minichuk, chief attorney
of the Togus VA Center, 123 the report substantiated Mr.
Bunger*s statement with quotations from Maine Supreme Court
decisions, Maine attorney generals' opinions, and Maine law,
all of which establish "the supremacy of the State. "124
Once again it was not entirely clear whether Federal
recognition of the Maine tribes and reservations would
change Maine Indians' status when attempting to acquire
bank loans, VA loans, or such HUD programs as Sections 20 3,
235. and 236.125
122. Bangor Transcript, Feb. 8, 1973, pp. 34-35.
123. John J. Jackson, Center Director, U.S. Veterans Admini-
stration, Togus, Me., letter to Hon. Harvey Johnson, Chairman,
Maine Advisory Committee, Mar. 2, 1973, with attached
memorandum. Commission files.
124. Ibid.
125. The "203" program provides insured mortgage financing
for the construction, purchase, or repair and rehabilitation
of one-to-four family homes; 12 U.S.C. 1709.
- 61 -
In his statement to the Maine Advisory Committee, HUD
Region I spokesman Sirrouko Howard stated that there are
HUD funds available to certain Indians, not available to
others, and that Federal recognition could play an
important part in getting those funds, but he added that
"we are bound by certain legal constraints to develop
programs with accepted and recognized tribes, policies,
housing authorities, State recognized groups, etc. "126
It is not clear from this statement, however, if these HUD
programs were in operation on Federal reservations. Mr.
Bernard, also of HUD, was unable to answer whether banks
make special provisions regarding Federal reservations, or
whether Bureau of Indian Affairs or any other Federal agency
would provide extra assistance for moderate-income housing
on a Federal reservation. 127 Mr. Bunger stated that VA loans
are not available on Federal reservations for the same
rt^pt c;nn .1^0
126. Bangor Transcript, Feb. 8, 1973, pp. 14-16.
127. Ibid. , pp. 17-18.
128. Ibid., pp. 34-35. "There are no programs administered
by the VA which are utilized by Indians elsewhere in the
country but which are not operative in the State of Maine."
- 62 -
E. Staffing Limitations at HUD
"In general, the tribes in Maine have been very
aggressive and quick to apply for HUD funds," wrote James
J. Barry in his statement to the Maine Advisory Committee.
He added, "I would like to assure all that the staff in
our field offices in Manchester and Bangor are always
available to assist the American Indian to serve the needs
of his people. "129
Throughout the housing portion of the informal hearings
there were indications that a communications gap, if not
a serious limitation of Federal staff, existed in the
coordination of housing projects. On several occasions
Indian people expressed their frustrations in dealing with
HUD and other agencies involved in reservation housing proj-
jects. Erlene Paul, coordinator for the Penobscot Housing
Authority, stated, "Frankly, I'm sick and tired of being
bounced around from organization to organization. "130
Francis Sappier, member of the Pleasant Point Passamaquoddy
Housing Authority, made a similar remark, "So that went on
and we got bounced around here and there. "131
Mr. Barry acknowledged this situation in his statement
to the Maine Advisory Committee:
Most government programs require much paper-
work which often creates impatience as well
as frustration on the part of the Indian
people and Federal officials. This is par-
ticularly true on small reservations.
Better Federal coordination is needed. The
funding situation for Water and Sewer and for
the Neighborhood Facility was and is very con-
fused with HUD, EDA, and EPA all contributing.
Perhaps a coordinating committee made up of the
three agencies would be most helpful. 132
129. Bangor Transcript, Feb. 8, 1973, p. 9
130. Ibid., p. 297.
131. Ibid., p. 300.
132. Ibid. , p. 7.
- 63
Several coordinating bodies already exist, yet none
cited a specific role they had played in solving some of
these "confusing" situations. Both the National Council on
Indian Opportunity and the Federal Regional Council's Indian
Task Force have such a role.
Mr. Howard suggested that the full-time assignment of
one HUD staff person to the Indians of Maine would be of
great benefit:
...in forthcoming years it's going to be
almost mandatory that we assign an indi-
vidual exclusively to the Indian tribes
in Maine to help them and promote them in
implementation of a particular program to
which they have received approval and has
been funded. It is almost impossible for
us... in a Federal agency to expect the
other initiators out in the field to inter-
pret some of our regulations, when we, with
all of our resources, have difficulty in
interpreting ourselves. This will be a
recommendation to the Regional Administrator . 13 3
133. Bangor Transcript, Feb. 8, 1973, pp. 7-8.
- 64 -
F. Programmatic Limitations
In his statement to the Maine Advisory Committee,
Mr. Barry made two observations about the limitations of
HUD programs, not discussed previously, which warrant
notice :
Another obstacle is HUD ' s inability to
provide more than 75 percent grant for a
Neighborhood Facility or more than 90 per-
cent grant (in rare cases) of water and
sewer facilities. This puts the burden on
the tribe to find matching funds. Some
tribal funds are limited, and if State
appropriations are not adequate, the tribe
may have to go without a much needed facility.
This is currently the situation with a
Neighborhood Facility at Indian Township.
Change requires an act of Congress.
In the case of homeownership programs ,
modernization funds are not available for
repairs to homes. If, in the future, it
is found that the homebuyers ' incomes are
too low to allow them to build up and main-
tain an adequate maintenance reserve fund,
it could be difficult for individuals to
make major repairs to the structures
should they be needed.
A change could be brought about by admini-
stratively establishing some type of capital
improvement fund to cope with this situation,
or by changing modernization guidelines . 134
Another significant limitation on HUD programs has been
caused by uncertainty arising from such factors as the
President's 18-month moratorium on new housing starts, plans
for governmental reorganization, and HUD's own budget sub-
mission to Congress. On several occasions representatives
from Federal agencies could not answer questions . For
example, the Advisory Committee was unable to elicit precise
information about the future of the open space program, the
transfer of OEO programs, and the status of Indian and
elderly housing grants. 135
134. Bangor Transcript, Feb. 8, 1973, pp. 6-8.
135. Ibid. , pp. 10-13.
- 65 -
RECOMMENDAT I ONS
1. The moratorium on Indian housing starts should be
lifted immediately so that plans to begin housing
construction can continue as scheduled on the
Penobscot Reservation.
2. Lack of trust land should not be a criteria for
denying such independent, off-reservation groups as
the Association of Aroostook Indians eligibility for
the same type of housing grants made to reservation
communities. Tribal groups living in their aboriginal
territory — like the Maliseets and Micmacs of Aroostook
County — may lack trust land now only because their
land was taken from them improperly in the past. In
such cases, the Congress should extend by legislation
the eligibility for the same housing programs to these
groups, for their members, as it does for reservation
groups. The case for such treatment is based in the
trust relationship between Indians and the Federal
Government.
3. Congress should pass legislation to insure the right
of Maine reservation Indians to participate in loan
programs of the Veterans Administration and the Depart-
ment of Housing and Urban Development.
4. Region I of the Department of Housing and Urban
Development should assign one staff member to work
exclusively with the Indians of Maine, on-and off-
reservation. This person might have the additional
responsibility of coordinating selected housing
activities of other Federal agencies involved in the
Federal Regional Council's Indian Task Force.
5. Congress should allow for 100 percent HUD funding of
water and sewage and neighborhood facilities in Indian
communities.
- 66 -
III. HEALTH
The health crisis among Maine Indians warrants an
immediate attack on the problems by all health agencies .
According to a 1972 report of the U.S. Public Health Service,
the average life expectancy for an American Indian is 64
years of age compared to 70 years of age for the general
population. This is one illustration of the problem. 136
Several studies and reports have found major health
needs and related problems among Maine Indians. There is
basic agreement that the following are major problems:
mental health (particularly alcoholism) , lack of proper
nutrition, infectious and contagious diseases, dental, sani-
tation, poverty, unemployment, transportation, communication
barriers, accidents, and health education. These reports
have collected medical and socio-economic data which clearly
describe Indian health as being far below that of the
general population. 137
However, health services meeting these needs are wholly
inadequate. Part of the inadequacy is the lack of funding
and part is the cultural distinction between Indians and non-
Indians.
136. U.S. Department of Health, Education, and Welfare, The
Indian Health Program of the U.S. Public Health Service,
(Washington, D.C.: Government Printing Office, 1972), p. 29.
(hereafter cited as The Indian Health Program) . The IHS
figure of 64 years is disputed by some non-governmental sources
which estimate Indian life expectancy as of 1970 at 47 years.
137. Examples of such studies and reports include a survey
by Louis Doyle, Division Director, Division of Indian Services,
Maine State Bureau of Human Relations Services, Bangor, in
1969; Report of the Maine Regional Medical Program, Health
Care, Health and, Illnesses: Behavior of American Indians in the
State of Maine, 1971; and a survey by the Department of the
Army (U.S. ) Medical Domestic Action Program, "American Indians
in Maine: Phase One - Medical Survey." October 1972. These
documents are in Commission files.
- 67 -
The most important Federal agency that meets Indian
health needs is the Indian Health Service (IHS) of the
Public Health Service of the U. S. Department of Health,
Education, and Welfare (DHEW) . However, it has continually
resisted any responsibility to Maine Indians, claiming
either lack of funding or lack of jurisdiction, paralleling
the interpretation of the Bureau of Indian Affairs (BIA) .
The National Council on Indian Opportunity estimates
that Indian Health Service, now denied to Maine Indians,
would amount to approximately $500,000 a year if applied
to them. Under the IHS program, there are approximately 51
hospitals and 300 hospital stations, most of which are west
of the Mississippi River. The IHS also maintains contracts
with 300 private or community hospitals , . 18 State and local
health departments, and 500 physicians, dentists, and other
health specialists.
Presently the IHS serves 478,000 Native Americans. This
means that approximately 350,000 Indians, or nearly half of
the American Indian population, are not receiving IHS care,
including Maine Indians. For FY '73 the IHS budget was
approximately $216 million. 138 From its inception in 1955
to 1973 the IHS budget increased sixfold, serving basically
the same Indian groups. 139
Ironically, the IHS participates in some international
programs while it insists it cannot serve nearly half of the
American Indian population. The IHS has entered into a
"service agreement" with the Agency for International Develop-
ment (AID) to assist in developing a medical center in Liberia
with a 250-bed hospital. "Indian Health Service staff are
138. Bangor Transcript, Feb. 7, 1973, p. 94, George Clark,
Director, Office of Indian Affairs, Office of the Secretary,
DHEW, Washington, D. C.
139. U.S. Public Health Service (DHEW) To the First
Americans (Washington, D.C.: Government Printing Office,
1967). Table, p. 5, shows total appropriation for fiscal year
1956 at $34.8 million, one-sixth the budget figure presented
to the Maine Advisory Committee at the February 1973 hearing.
- 68 -
participating with other countries in research of health
problems similar or relevant to those existing in Indian
communities in the United States, and working for the sub-
sequent alleviation of those problems."
The Indian Health Service Advisory Board does not have
any representative of a non-recognized tribe, including
Maine Indians, to advise on health programming.
The National Institute of Alcohol Abuse and Alcoholism
(NIAAA) of the National Institute of Mental Health, DHEW,
is presently funding the Maine Indian Alcoholism Research
Project to develop and support a rehabilitation program. 141
Prior to this project Maine Indians were inadequately
served by a non-Indian agency for problems of alcoholism,
and at the same time were being used statistically to acquire
funding. 142
There are no State health agencies which deal directly
with Indian health needs. For instance, Dr. Peter Leadley,
Director of the Bureau of Health in the State Department of
Health and Welfare, stated that his department does not main-
tain a breakdown of health statistics by race. The State,
therefore, has not developed any systematic means of making
itself aware of specific Indian health problems. Dr. Leadley
also stated he was not aware of the Regional Medical Program's
report on Maine Indian Health. 143
140. The Indian Health Program.
141. Kenneth L. Eaton, Acting Director, NIAAA, letter to
Hon. Harvey Johnson, Chairman, Maine Advisory Committee,
Feb. 6, 1973.
142. Bangor Transcript, Feb. 7, 1973 , p. 186, Frank Dennis,
Director, Alcoholic Rehabilitation, Bangor Counseling Center,
Bangor, Me. See also Stevens testimony, p. 11.
143. Ibid., pp. 140, 141, 148.
- 69 -
The State Department of Indian Affairs (DIA) does pay
health bills for Passamaquoddys and Penobscots living on
reservation but it does not have the authority nor the
funding to design a health program for all Indians.
Five years ago, Maine medical personnel were involved
with Indians in planning to meet the health needs of
Passamaquoddys. The planning generated some of the studies
referred to at the beginning of this chapter (see footnote
151) and also a hope that there would be a paramedical directors
of community health facilities on the reservations. The
studies and reports were produced but the direct health
needs have not been met. Commissioner Stevens told the
Advisory Committee that alcoholism remains a major problem
on Maine Indian reservations, and monies available to treat
alcoholism are not reaching Indian communities due to com-
peting interests of local social service agencies.
The other part of the problem of Indian health needs is
the cultural distinction between Indians and non-Indians.
Edwin Mitchell, Co-Director of the Maine Indian Alcoholism
Research Program (DIA) , describes a different world view of
the Indians who are in geographical isolation:
Maine's Indian population is a distinct
minority group with particular needs in
service design. (They) are the last
group of Native Americans in the north-
eastern part of this country who have
actually retained a good measure of
cultural distinctiveness and have been
able to resist homogenizing and assimi-
lating into the pervasive life style of
predominantly European descendants. As
with Indians in other parts of the country,
this straddling of two cultures points up
various social problems, particularly
poverty and alcoholism.
Alcoholism and alcohol abuse have a high
incidence among Maine Indians and form a
reciprocal relationship with other pro-
blems besetting this group. Indian life
style is based on a different world view
than that of the whites. An Indian's
relation to his environment is one of
integration, with a pronounced respect for
natural order. In contrast, the prevailinq
- 70 -
world view of the western civilization
and among white Americans has been to
dominate and "conquer" the environment...
The transplanted American culture. .. stresses
individualism, competitiveness and the
attainment of success in a chosen field.
The Indian sees no great merit in financial
and material attainment for its own sake.
(The Indian has) no concept of time. There's
no such word in the Indian language, and
therefore the Indian has often been character-
ized as 'lazy.' Possibly if ecology becomes
a functional part of this nation's cultural
and economic life rather than a public relations
catchword, the Indians' problem of adjustment
to the dominant culture will be lessened.
Until such time a goal in planning services for
alcoholism and other social problems among the
Indian population should be the delivery of a
social service through the Indian cultural
structure.
...Housing is generally poor, jobs are few,
futility is a daily feeling and because of
poor education and low job skills few Indians
have an opportunity to leave and the need for
the security of their own culture holds them
immobile. Alcohol provides an easy escape
for such people from the intolerable reality
of their daily existence. 144
It may be that Indian health needs can best be met by
Indians themselves requiring health agencies to employ and
train Indians.
In 1971, the DIA requested health services for Maine
Indians from the Indian Health Service (IHS) . Due to IHS ' s
administrative position that Maine Indians were not eligible
for their services, the Indians were sent to the Public
Health Service where they requested a physician from the
National Health Services Corps (NHSC) . The DIA was told
their application for a physician to serve the Indians would
144. Bangor Transcript, Feb. 8, 1973, pp. 336-339.
- 71 -
have to be cleared by the Regional Comprehensive Health
Planning group in the county where the services would be
provided. The Maine Medical Association (MMA) was
approached by the NHSC for approval of such a project.
The MMA said the need was great and gave its approval.
However, the regional planning group, which included
Washington County where the services were to be rendered,
would not sign off on such a pro ject .-'■'* 5
The regional planning group then submitted their own
application, which included Indians in the statistical
data. As a result of that application, the Lubec Family
Health Center in Lubec, Me., was created. This health
center does not serve the health needs of the Passamaquoddy
Indians, since it is too far away from the reservation and
requires some form of prepayment, which is nearly impossible
for the Indians, 1^6
A similar situation in which health funds were acquired
by the use of Indian statistics and without Indian input
occurred in 19 71 when the Penquis Community Action Agency
applied for a Health Start grant from the Office of Child
Development. This grant was specifically aimed at assisting
the Penobscot community on Indian Island as one of its target
areas. Harold Higgins , Director of the Penquis CAA, con-
firmed that he did not consult the Indians before applying
for the grant. Asked what steps he had taken to involve the
Indian community in the planning of this project, Mr. Higgins
stated:
Initially none. And I'd like to relate
to that because, like many Federal pro-
grams you get a set of guidelines today
and an opportunity to apply for a project,
145. Bangor Transcript, Feb. 7, 1973, pp. 128-131, Robert
Godersky, MD, Assistant Regional Health Director for Planning
and Evaluation, Health Services and Mental Health Administra-
tion, Region 1, DHEW, Boston, Mass. See also Stevens testimony,
pp. 25-27. Further information on the Lubec Center was pro-
vided by Dr. Godersky under Memorandum of Feb. 15, 19 73, to
the Chairman, Maine Advisory Committee, Commission files.
146. Ibid.
- 72 -
and they want the application yesterday.
So there was no prior planning for a
Health Start.147
Advisory Committee member Buesing asked, "Would you
apply for a program for Indians without their knowledge?"
Higgins replied, "Yes."14^ Indians point to this as a
classic example of overall projects being funded because of
Indian statistics.
147. Bangor Transcript, Feb. 8, 1973, p. 67.
148. Ibid., pp. 66-67.
- 73 -
RECOMMENDATIONS
The Maine Advisory Committee concludes that Maine
Indian health problems are of serious and chronic
proportions and that enough official studies have
reported the crisis. Therefore, we recommend that all
health agencies acquire the funding necessary to attack
the health problems of Maine Indians .
The Advisory Committee concludes that the estimated
$500,000 a year which should be serving Maine Indians
from the Indian Health Service would begin to assist
their specific health needs. We also found that IHS
presently serves Indian people regardless of where
they live. Therefore, we recommend that the Secretary
of Health, Education, and Welfare make the administra-
tive decision that IHS serve Maine Indians and request
the necessary increase in appropriations. We further
recommend that Maine health agencies, such as the State
Departments of Health and Welfare, Mental Health and
Corrections, and the Regional Medical Program, Maine
Medical Association, take responsibility to report these
needs to the IHS.
The Advisory Committee concludes that frequently data
on Indians are used by agencies to justify funding and
that Indians then are either not served or inadequately
served. Furthermore, we conclude that Indians are rarely
invited to participate in planning health programs that
should include them. Therefore, we recommend that Maine
Indians be properly represented on the various health
advisory boards in the State and on the IHS Advisory
Board. We also recommend that any agency receiving
funding because of an Indian population in a particular
area accept the responsibility to serve these Indians.
- 74 -
IV. EDUCATION
A. Importance to Maine Indians
Improvement in education is intimately tied to Indian
self-determination and self-awareness. Wayne Newell,
director of the Wabanaki bilingual education program, pro-
vided a clear view of Indian desire for bilingual and
bicultural education: "...education to us means a sacrifice,
basically of our culture, a sacrifice of our language, a
sacrifice in a lot of cases of religion. These are the
sacrifices that we make for the rewards for the so-called
white man's education. "149 Mr. Newell further said:
Our tribe is threatened at this point,
especially in the lower grades, of
losing our first language, our native
language. We are not gaining a total
competency in English as educators would
have you to believe. We are losing a
lot of our cultural ceremonies, a lot
of our cultural beliefs, a lot of our very
rich tales of the way and the whereabouts
of where we came from.
The schools at this point do not offer
anything in this field. Any efforts on
our part right now are just a very small
gleam. I think there's a tendency
because we have Indians now in the
administration and in the policy-making
bodies, that everything is all right.
Everybody's happy. But I can assure this
committee we're just at the very beginning
of what we consider new frontiers in
education. . . .
I think we'll all agree that whatever effort
the State of Maine, or whatever effort the
Federal Government has made, is a total
disgrace. I think when you examine the rate
of success, it is very nil- ..I've come to
a very wise conclusion that the system
149. Bangor Transcript, Feb. 8, 1973, p. 271,
- 75 -
is failing the majority of the people
it's trying to educate. 150
As in other problem areas, greater strides have been
made on reservation than off to guarantee Indian control
over educational services. Nevertheless, Indians
testified, only beginning steps have been taken. Indian
efforts, moreover, are once again hampered by the refusal
of the Federal Government to extend certain Indian
educational services to Maine Indians for the same reason
the Bureau of Indian Affairs denies them services.
150. Bangor Transcript, Feb. 8, 1973, pp. 271-272
- 76 -
B. Reservation Indian Education
The State of Maine traces its responsibility for
Indian education to its treaties. As has been pointed out
previously in this report, however, this treaty obligation
is recognized only with regard to the Passamaquoddy and
Penobscot Tribes. Previous to 1966, Maine Indian education
was handled by the Department of Health and Welfare. When
Indian welfare was transferred to the Department of Indian
Affairs in 1965, the Maine Department of Education and
Cultural Services (DECS) took charge of reservation Indian
education. 151
Robert Gerardi , Assistant Commissioner of the DECS,
stated that since 1966:
Maine Indian education has been characterized
by a movement toward decentralization, with
decision-making taking place in the schools,
increased Indian control, and introduction of
Indian culture and language in the curriculum,
and general updating of facilities .. .The DECS
provides funding for the operation of elemen-
tary schools on the reservation and pays
tuition and transportation for reservation
Indians who wish to attend schools in the
nearby communities. ^2
The reservation schools are the primary grades, up to
fifth or eighth grades, depending on the reservation.
Members of the Indian School Committees in describing their
activities stressed that they do not feel they have had
enough input into programs and have not received enough
information about existing Federal and State funds. 153
151. Pursuant to Chapter 1351 Section 4719, M.R.S., 1964, as
amended. Section 4702, which creates the D.I. A., transfers
the duties and powers previously held by the Commissioner of
Health and Welfare relating to Indians, "except their
education," to DIA.
152. Bangor Transcript, Feb. 7, 1973, p. 257.
153. Bangor Transcript, Feb. 8, 1973, pp. 237-269, Albert
Dana, representing Blanche Sockabasin, Chairwoman, Dana Point
School Committee; Mary Altvater, Chairwoman, Pleasant Point
School Committee; and Michael Ranco, Chairman, Indian Island
School Committee.
- 77 -
Beginning in 1973, these school committees for the first
time began to manage their own accounting books instead of
having it done in the State office, 250 miles away at
Augusta. 154
Wayne Newell described the Wabanaki bilingual program
which he directs at Indian Township. This program at present
serves only one reservation because of budgetary limitations:
...Children work in the classrooms today with
very simple but very effective reading devices.
For instance, they have developed two readers,
and I will have to say them in English although
they do have a Passamaquoddy title, but unfor-
tunately you do not share the blessings of our
language at this point anyway. One is Molly
and her Horse and Joseph and his Cow, four page
booklets all in the native language that the
children drew and worked the text out with the
staff. These are readers.... We are developing
many, many other materials relevant to the
surroundings in Indian Township....
We say we should make the schools the happiest
place on the reservation, and that's what we're
trying to do. 155
154. Bangor Transcript, Feb. 8, 1973, pp. 241-242, testimony
of Ms. Altvater.
155. Ibid., pp. 273, 274, 278.
- 78 -
C. Indian Education Of f -Reservation
The Advisory Committee heard varying opinions from
Indian educators concerning the treatment of Indians when
they leave the reservation for high school. Some felt the
problem was being well handled by all concerned, and some
felt that the lack of understanding in white communities
in regard to Indians is greatest in those communities which
are closest to the reservation.-'-^
In 1972 the Maine Advisory Committee requested that
Maine's Department of Education and Cultural Services (DECS)
investigate the education of Indian children in Aroostook
County. 157 An ad hoc committee for the Maine Education
Council from October 1972 to January 1973 produced the
following conclusions:
1. Some Indian students and their parents
feel that they are being discriminated
against. For as long as this feeling exists,
it creates a problem which impedes the learning
process.
2. There is a problem in the area of health
and welfare, which directly affects the personal
well-being, thusly the school attendance of
some Indian students.
3. A bilingual situation points up the need
for remedial assistance.
4. The present status of the off-reservation
Indian in Maine is such that he cannot take full
advantage of State funding, which well might
alleviate some of the above problems. 158
The education committee then made the following
recommendations :
156. Bangor Transcript, Feb. 8, 1973, p. 180.
15 7. Maine Advisory Committee, minutes for Apr. 25,
1972, June 29, 1972, and Sept. 7, 1972, noting correspondence
with DECS Commissioner. Commission files.
15 8. Ad Hoc Committee for Education of Off-Reservation
Indians of Aroostook County to the Maine Education Council, as
approved by the Council Jan. 18, 1973, p. 1.
- 79 -
1. That a coordinator of education for off-
reservation Indians be assigned to the Division
of School Operations of the Bureau of Curriculum
Resources in the DECS, and that sufficient funds
be provided for a coordinator of off-reservation
Indians and an office including secretarial
assistance, to be located in Aroostook County.
The coordinator should be charged to make special
effort to encourage superintendents of schools to
provide for teacher workshops to understand problems
of off-reservation Indians. J- 5 9
2. The Committee strongly supports the Department
of Indian Affairs' suggestion that an Office of
Off-Reservation Indian Development be created. ^"^
3. The Committee strongly recommends the develop-
ment of legislation desiqned to create State
recognition of the off-reservation Indians. 161
Shirley Levasseur, VISTA worker for the Association of
Aroostook Indians, told the Advisory Committee that local
communities refuse to allow Indians to vote on school matters,
She reported that off-reservation Indians are discriminated
against by the State and Federal governments in educational
programs. -*-"2 Ms . Levasseur stated that off-reservation
159. Bangor Transcript, Feb. 7, 1973, pp. 260-262, Marion
Bagley, who chaired the ad hoc committee. The DECS Com-
missioner, in a letter of Feb. 21, 1973, to Maine Advisory
Committee Chairman Harvey Johnson pledged to get legislative
funding for this proposal or assign a currently funded con-
sultant to the job. Commission files.
160. Established by the Maine Legislature in 1973, H.P. 976-
L.D. 1290 (C.130, P.L. 1973), with funds appropriated for that
purpose, as part of the Department of Indian Affairs. The
DECS Commissioner stated that this was an item for the
Governor.
161. Not yet acted upon by the Maine legislature. The DECS
Commissioner also deferred action on this, stating that it was
for the Governor to recommend.
162. Bangor Transcript, Feb. 8, 1973, pp. 279-280, 284-285-
2 86. Ms. Levasseur said that American-born descendants of
Canadian Indians were not allowed to register to vote because
of their Canadian ancestry.
- 80 -
Indians feel that if they were federally recognized, they
would be able to get assistance for educational programs,
health and welfare needs, and employment.
- 81 -
D. Denied Federal Indian Education Services
Dr. Richard McCann, Assistant Regional Commissioner,
Office of Education, DHEW, Region I, provided information
requested by the Advisory Committee concerning Office of
Education services available to "federally-recognized
Indians" that are not provided to "non- federally
recognized Indians":
1. Title I of the Elementary and Secondary
Education Act of 1965 provided in fiscal 1973
a set-aside of $14.1 million for the BIA schools.
2. Public Law 874 provides Impact Aid payments
to schools.
3. Public Law 815 provides for assistance with
public school construction in school districts
and individual schools attended by reservation
children.
4 . An amendment to the Act providing for bi-
lingual education makes it possible to fund BIA
schools and tribal and locally controlled Indian
schools for bilingual programs. .. 163
Johnson-O'Malley funds are another major source of
Federal Indian education funds denied to Maine Indians :
The Johnson-O'Malley Act of 1934 (JOM) is
one of the most important Federal laws
affecting Indian education. Designed
exclusively for Indians, it is administered
by the BIA which disburses money primarily
to public schools where Indian students
are enrolled. JOM money is distributed
through contracts with State departments
of education, and less frequently, local
school districts. While incorporated
tribes and non-profit groups are eligible,
163. Richard V. McCann, Assistant Regional Commissioner,
U.S. Office of Education (DHEW), Region I, Boston, Mass., to
Hon. Harvey Johnson, Chairman, Maine Advisory Committee,
Mar. 29, 1973, p. 1.
- 82 -
they have been rarely funded. Appropri-
ations for JOM have more than doubled in
the last four years, from $9,952,000 in
1968 to $22,652,000 in 1972. l64
Meredith Ring, Supervisor, Maine Indian Education,
indicated that her office in the Department of Education is
considering submitting a proposal for JOM funds, under which
the State would provide services to Indians. l°->
164. Dan Rosenfelt, "New Regulations for Federal Indian
Funds," Inequality in Education, Harvard Center for Law and
Education, Number Ten, December 1971, p. 22.
165. Bangor Transcript, Feb. 7, 1973, p. 272.
- 83 -
E. Secondary and Post-Secondary Indian Education
In 1971 the Maine Legislature set up an Indian
Scholarship Committee to grant scholarships to any member
of the Maliseet, Micmac, Passamaquoddy , and Penobscot
Tribes in Maine wishing to board at a private school or to
further their post-secondary education.166 The fund has
been exhausted and the committee is seeking to have the
appropriation increased.
The University of Maine has established a policy of
free tuition for Maine Indians. However, the policy is
being challenged in court with the contention that it dis-
criminates against non-Indians . I67
With respect to vocational education, the policy of the
State Board of Education is to waive tuition and fees for
"qualified and eligible North American Indians residing in
Maine who are accepted as students at any vocational-technical
institute or school of practical nursing. The State will
subsidize room and board charges for those Indians living
in school dormitories. Academic qualifications and tribal
eligibility shall be determined by the campus at which
application is made. Although this eligibility applies to
all Maine Indians, in February 1973 only six were enrolled
in the Vocational-Technical Institute in Maine. 16^
166. Chapter 301-A, Sections 2205-2210 M.R.S. as amended.
167. Aiken v. University of Maine, Supreme Ct. , Penobscot
Co. Civ. Action #10592, filed Jan. 18, 1972. Pine Tree Legal
Assistance Inc. (the Maine OEO Legal Services Program) inter-
vened on behalf of a Penobscot Indian seeking to uphold the
free tuition policy, Jan. 17, 1973.
16 8. Carroll R. McGary, Commissioner, Maine Department of
Educational and_ Cultural Services (DECS), Augusta, letter to
Hon. Harvey Johnson, Chairman, Maine Advisory Committee, Feb.
21, 1973, p. 1
- 84 -
F. Preschool Indian Education
The Office of Child Development (OCD) in DHEW generally
does not make direct grants to any of the Maine tribal
governments for preschool Indian education, but it does
make grants to community action agencies (CAAs) , as desig-
nated by the Office of Economic Opportunity where there
are sizeable Indian populations . 1*9 However, at the time
of the hearing, the Office of Child Development, Region I,
was working with Maine Indian representatives toward funding
a 1-year preschool program from its unexpended funds for
fiscal year 1973. l7tD
The Office of Child Development, through its Washington-
based Indian and Migrant Program Division (IMPD) , makes
grants for the operation of Head Start programs on Federal
Indian reservations directly to tribal governments. As of
August 1972, the IMPD of OCD was funding Head Start programs
benefitting approximately 9,000 preschool children on 59
reservations. Maine Indians do not benefit from any of
these Head Start programs.
The three Maine counties with sizeable Indian populations
whose CAAs operate Head Start programs are Aroostook,
Penobscot, and Washington Counties. These Head Start programs
are supposed to have a racial-ethnic composition that
reflects the population in the area. Of the approximately
2,000 children in the 14-county CAA Head Start programs in
1973, 4 0 were American Indian, 6 were black, and 1 was
Asian American.
Aroostook County CAA was not represented at the hearing
although it was invited. According to OCD, in February 1973
there were no Indian children of the 126 participants in
169. Rheable M. Edwards, Assistant Regional Director, Office
of Child Development, DHEW, Region 1, Boston, Mass., state-
ment submitted to the Maine Advisory Committee Feb. 5, 1973,
p. 4.
170. This program was subsequently funded by the Office of
Child Development with an 18-month grant of $14 8,000 extending
to the end of fiscal year 1975. Recipient of the grant was
the Maine Indian Education Association.
- 85 -
the Aroostook County CAA Head Start program. OCD had no
racial breakdown of their summer Head Start program which
served 135 children. Penquis Community Action Agency (which
includes Penobscot County) had 10 Indian children of the 265
Head Start participants. Washington County CAA was not
represented at the hearing, but the OCD provided some infor-
mation concerning the Head Start programs: they had a summer
Head Start program serving 150 children, 30 of whom were
Indian. Two of the centers operated summer programs in space
provided by the Tribal Governments of Pleasant Point and
Peter Dana Point.
The Advisory Committee was told by the OCD that Indians
would need to be represented on these boards to insure that
they had proper participation in the programs. The Advisory
Committee found that Indians are not so represented.
Dr. Richard McCann of the U.S. Office of Education informed
the Advisory Committee of a $52,000 preschool migrant program
funded by the Elementary and Secondary Education Act Title I,
operating in Aroostook County. Dr. McCann stated, "Few Indian
children are involved in this program; e.g., at Presque Isle
of the 204 pupils in the program, 7 are Indian."171 Indians
argued that more Indians should be involved in this program
since Indians composed a major portion of the migrant labor
force in the county.
171. Richard V. McCann, Assistant Regional Commissioner, U.S
Office of Education, DHEW, Region 1, Boston, Mass.: "Office
of Education Services and the Maine Indian," Statement
prepared for the Maine Advisory Committee hearings submitted
Feb. 5, 1973, pp. 13-14.
- 86 -
RECOMMENDATONS
1. That Maine's Department of Education and Cultural
Services, with significant Indian input, submit a plan to
the Federal Government for Johnson-O'Malley funds for Maine
Indian education.
2. That the Federal Indian Education Advisory Board include
eastern Indian representation to insure that Maine Indians
have input into the policy.
3. That Maine's Department of Education and Cultural
Services and the Federal Office of Education insure that
Maine Indians are receiving their share of Elementary and
Secondary Education Act Title I funds.
4. That the recommendations of the Maine Education Council
to the Department of Education and Cultural Services be
implemented, creating a supervisor of off-reservation Indian
education who should be an Indian.
5. That Indians be appointed to any proposal-writing teams
for any programs being proposed for Indian education; further-
more, that Indian School Committee members be informed of
the funding for their programs, and that they be provided
annually the budgets for school programs and an accounting of
how funds are spent.
6. That an outreach program be established to encourage
Indians to take advantage of the post-secondary education pro-
grams available to them in Maine, and that the post-secondary
schools be sensitized to Indian culture and educational needs.
7. That the Office of Child Development, DHEW, Region I, and
the Office of Economic Opportunity insure that Maine Indians
receive proper representation on the community action agency
boards in Aroostook, Penobscot, and Washington Counties, so
that Indian children may participate fully in Head Start
programs.
- 87 -
V. FOSTER CARE
Because of the social and economic problems of the
Maine Indian community, many Indian children have been placed
in foster care homes. As in other parts of the country,
Indians in Maine find this solution to a problem a grave
problem in itself. The ratio of Maine Indian children in
foster care is one in eight — 16 times the general population
rate of 1 in 128. 172
Only 4 of the 136 Indian children in the State foster
care program are in Indian homes. 17-^ This means that both
the children and the Indian community suffer from deculturation.
The Maine Department of Health and Welfare (DHW) has been
involved with Indian representatives in identifying potential
Indian foster homes. This effort, however, has identified
only three potential foster homes and the licensing of one.174
Robert Wyllie, Director of the Maine Bureau of Social
Welfare, told the Advisory Committee that the greatest impedi-
ment to licensing Indian homes for foster care is sub-
standard physical condition of the homes.175 Otherwise, he
said, the homes would be fit to care for the children. As
discussed previously, many of these homes now judged inadequate
for child care, were constructed under DHW supervision on the
Passamaquoddy Reservations.
The Advisory Committee wanted to know specifically why
there are so few Indian foster homes, and if anything is being
done to assist potential Indian foster parents to bring their
homes up to standards required by the foster care program.
172. Bangor Transcript, Feb. 7, 1973, p. 214
173. Ibid. , p. 227.
174. Ibid. , p. 216.
175. Ibid. , p. 228.
Mr. Wyllie indicated that the Department of Health and
Welfare is trying to identify and license additional Indian
homes for foster care and to assure that Indian children
not in Indian foster homes are afforded opportunities to
understand their unique rights and cultural heritage.
Mr. Wyllie reported:
We have no money specifically which we could
tap, if that's your question, to help Indian
families upgrade their homes so they could
in fact meet licensing standards. One of the
intentions which we have been discussing with
the representative from the Indian community
regarding this project is the identification
of some funds in that financing, which could
be used specifically to in fact upgrade some
of these homes so that they could be licensed. 76
The funds referred to by Mr. Wyllie are Federal funds
from the Minority Services Division of Social and Rehabili-
tation Service of DHEW. Iola Hayden, Director of the
Minority Studies Division of HEW, told the Advisory Committee
that a foster care program was one of the priorities of the
Indian unit of the Minority Studies program. '' However,
since the hearing, Ms. Hayden has left the division which
was then dismantled. 178
176. Bangor Transcript, Feb. 7, 1973, p. 228.
177. Ibid., Feb. 8, 1973, pp. 160-165.
178. Ms. Hayden left the division in May 1973. The
Minority Studies Division was part of the Research and
Demonstration branch, Social and Rehabilitation Service,
DHEW, Washington, D.C.
- 89 -
RECOMMENDATIONS
1. That Maine's Department of Health and Welfare identify
and secure Federal funds to upgrade potential Indian foster
homes for Indian children, and that Maine's Department of
Health and Welfare upgrade the homes which it built on the
Passamaquoddy Reservation.
2. That the U.S. Commission on Civil Rights initiate a
national Indian foster care project to determine if there is
massive deculturation of Indian children.
- 90 -
VI. WELFARE
Maine Indians do not treat welfare as the focus of
their complaints. However, given their low economic position
in Maine society, welfare programs directly affect many
Indians .
Robert Wyllie, Director of the Bureau of Social Welfare,
described the bureau's responsibilities:
The Bureau of Social Welfare is delegated the
responsibility for administering the categorical
Public Assistance Titles IV-A, IV-B, and XVI of
the Social Security Act. These specifically fund
the programs known as AFDC (Aid to Families with
Dependent Children) , Child Welfare (for example,
protective services, foster care), Aid to the Aged,
Blind, and Disabled. In addition, we are delegated
the responsibility for providing a wide range of
social services to the above categorical recipients
and selected former and potential recipients of these
identified programs. Further, we retain the respon-
sibility for administering the State General Assis-
tance program, Food Stamps and Donated Commodity
programs. The major additional social service
program which we administer is the Older Americans
Act. In State plans, policies, regulations, des-
criptive pamphlets, hiring procedures, staff
training associated with these programs there is a
verbal or written commitment to the agency's
position of non-discrimination because of race, color
or national origin. 1*79 (Emphasis added)
Although the pervasive poverty in the Maine Indian com-
munities is proportionately higher than in the Maine population
at large, the Citizens' Advisory Board of the Bureau of Social
Welfare has no Indian representation. 180 The Advisory
179. Bangor Transcript, Feb. 7, 1973, pp. 212-213.
180. Ibid., p. 234, Mr. Wyllie: "To my knowledge there are
no Indians on any of our boards of advisory committees, much
to my chagrin. And that was pointed out the last time we
met with representatives from the Indian community. There
will be some corrective action taken in that regard."
91 -
Committee was informed by the Social and Rehabilitation
Service (SRS) in DHEW, Region I:
There are no compliance issues between
SRS and the State Welfare Agency as to
its responsibility for services to the
Indians in Maine which would indicate
a criticism of those programs admin-
istered by the State of Maine. 181
The Maine Department of Indian Affairs (DIA) is respon-
sible for the emergency welfare needs of reservation
Indians. ^82 Nicholas Dow, Chairman of the Penobscot Tribal
Council, told the Advisory Committee the following in
regard to Indian agents:
The Department of Indian Affairs is in
charge of emergency welfare disbursement
and to my knowledge there is no set
policy for the Indian agents that dis-1-
burse. In other words, at their own
discretion. I feel that there should
be some sort of set procedure on this.l°3
John Stevens, Commissioner of Indian Affairs, told the
Advisory Committee that the disbursement of welfare is very
time consuming, inefficient, and inequitable. With the
rising unemployment among Indians, many are returning to
the reservation and the DIA simply will not be able to meet
their welfare needs, he said. Commissioner Stevens said that
he advocates direct grants to the tribes so they can handle
their own welfare without having to go through a bureaucracy.
If the tribes wish to use the funds for economic development
instead of welfare payments, he said, then they will be in a
position to make such a decision. 184
181. Neil P. Fallon, Regional Commissioner, Social and Rehab-
ilitation Service, DHEW, Region 1, Boston, Mass. , statement
submitted to the Advisory Committee Feb. 1, 1973, by Harold
Putnam, Regional Director, DHEW, Boston, p. 11.
182. Chapter 1353, Section 4771, M.R.S. as amended
CPenobscots) ; Chapter 1355, Section 4837, M.R.S. as amended
(Passamaquoddy) .
183. Bangor Transcript, Feb. 8, 1973, p. 195.
184. Bangor Transcript, Feb. 7, 1973, p. 31.
- 92 -
Mr. Wyllie stated:
Emergency welfare needs of Indian families
living off the reservations are handled
through the respective local welfare
officials, subsequently reviewed, and
reimbursed by our State General Assistance
Unit. Our heaviest general assistance
expenditures in behalf of Indians occur
in the town of Houlton and surrounding
communities. 185
In response to questions by Advisory Committee members,
Mr. Wyllie indicated his office did not have figures on the
number of Maliseet and Micmac categorical assistance reci-
pients in Aroostook County, of which Houlton is the
county seat. 186
Further questioning of Mr. Wyllie concerning the payment
of welfare benefits to non-reservation Indians resulted in
the following testimony:
Mr. Wyllie: I think you would know also
that the policies of the town would vary
from municipality to municipality, even
though the source of the money is the
same. The source of the money would be
general assistance, but technically the
need is reviewed, assessed. The action
is taken by the municipal official.
Mr. Kapantais (Advisory Committee member) :
Is that under supervision from you?
Mr. Wyllie: Our supervision would simply
be looking at those bills and discussing
them with a local municipal official. But
in fact, if the bill had been incurred, we
would in fact reimburse them.
Mr. Kapantais: But the decision of whether
or not to let the bill become incurred by
the town is left up to the local official?
185. Bangor Transcript, Feb. 7, 1973, p. 214.
186. Bangor Transcript, Feb. 7, 1973, p. 218.
- 93 -
Mr. Wyllie: That's right.
Mr. Kapantais: Even though it's/ so to
speak, your money?
Mr. Wyllie: Correct
187
Robert Moore, attorney for the Association of Aroostook
Indians in Houlton, elaborated on this problem:
. . .Now there is a provision in the Statutes
of Maine, that under the settlement laws
off-reservation Indians are non-settled
people, and the general assistance of the
State will pay or reimburse for any expenses
paid by the town incurred through Indians.
It is not restricted to Passamaquoddy and
Penobscot Indians. And what in fact happens
generally I would suspect — this was brought
up yesterday and denied — is that Indians, for
instance, in Houlton would go to the local
overseer and get a town order, and that town
order would then enable him to go down to the
grocery store and buy a quantity of food. And
he would then be required, if he's physically
able, to work for the town, usually the town
highway department. Now the town then is
usually reimbursed by the State, from the State
general assistance fund for the money that is
paid out in this town order. So, what the
State has done, instead of assisting the Indian,
it's actually subsidizing the town highway
department. And I think this is a very serious
thing that should be straightened out with the
Department of Health and Welfare. I think it
would be wise for the record to indicate that
this is occurring. The other thing is the
guidelines for issuance of general assistance
should be made statewide. 188
187. Bangor Transcript, Feb. 7, 1973, pp. 219-220.
188. Bangor Transcript, Feb. 8, 1973, pp. 184-185. Mr. Moore
is now engaged in the private practice of law at Island Falls,
Me., and advised by letter of Dec. 13, 1973, that the sections
of Maine law (22 M.R.S.A. Section 4451, et seq. ) establishing
settlement laws were repealed during the 1973 legislative
session. Whether such repeal affects Ch. 1353, Section 4722
or Ch. 1355, Section 4837, pertaining to relief of off-reser-
vation Indians by towns and providing for reimbursement by DHW,
is not clear. Commission files.
- 94 -
RECOMMENDATIONS
1. That the Social and Rehabilitation Service, DHEW, establish
a line of responsibility to assure that funds made
available to Maine's Department of Health and Welfare
for Indians are used to serve Indians.
2. That a unit be established within the Department of
Health and Welfare, with Indian personnel, to assist
in the monitoring of Federal funds designated for use
by Maine Indians.
3. That guidelines for general assistance be made statewide
and adequate records kept of the number of Indians receiving
general assistance for emergency needs and how long they
are receiving it.
4. That Maine's Department of Indian Affairs be authorized
to make direct grants to the tribal governments so they
can handle their own welfare and rehabilitation.
- 95 -
VII. LAW ENFORCEMENT AND PUBLIC SAFETY
Because of time limitations, the Advisory Committee's
review of the law enforcement problems of Maine Indians was
limited. Nonetheless, testimony at the Bangor hearings
revealed serious problems in the relationship of Indians to
the criminal justice system. Allegations were made of unfair
treatment by local, county, and State police, as well as the
courts and the bail system.
State Police
A key witness at the Advisory Committee's hearing was
the late Col. Parker Hennessey, then Commissioner of the
Maine Department of Public Safety. Colonel Hennessey dis-
cussed one incident which took place in 1967 at the Pleasant
Point Passamaquoddy Reservation and which received wide
publicity at the time. This incident, involving 11 State
Police officers, had raised allegations of racism which were
subsequently investigated by the Civil Rights Division of
the U. S. Department of Justice and by the Governor's Task
Force on Human Rights. Colonel Hennessey termed this incident
an "over-reaction" and denied that it involved any racism.
At the request of the Advisory Committee, he agreed to
provide a copy of the Justice Department's report. 189
In subsequent communication with the Advisory Committee,
Colonel Hennessey's deputy indicated that the Department of
Public Safety had never had a copy of the Civil Rights Division
report on the incident. ■*•'"
The Advisory Committee asked Colonel Hennessey if there
were training programs for State Police and other law enforce-
ment officials to provide sensitivity training in relation
189. Bangor Transcript, Feb. 8, 1973, pp. 83-84; see also
letter from Jacques E. Wilmore, Regional Director, U.S. Com-
mission on Civil Rights, New York Regional Office, to Col.
Parker Hennessey, Commissioner, Department of Public Safety,
State of Maine, Feb. 20, 1973, requesting the document.
Commission files.
190. Lt. Col. Donald E. Nichols, Deputy Chief, Maine State
Police, Augusta, letter to Jacques E. Wilmore, Feb. 26, 1973
Commission files.
- 96 -
to the history and culture of Indians. Colonel Hennessey
agreed that such training was desirable, and made a commit-
ment to develop such a program. 191
The Advisory Committee also questioned Colonel Hennessey
about disciplinary action taken against a State Police
officer in Washington County against whom allegations of
racism had been made. Colonel Hennessey said that disciplinary
action had been taken in 1969 and 1972 and the officer was
then transferred from Washington County to Aroostook County.
Members of the Advisory Committee questioned this action and
pointed out that approximately half of Maine's off-reservation
Indians live in Aroostook County. 192
With respect to the employment of Indians in the State
Police Department, Colonel Hennessey acknowledged that there
was need for a special recruitment program and submitted a
copy of guidelines for minority recruitment which he had
received during a law enforcement conference in Washington,
D. C.193 He said that a special effort would be made by the
State Police to recruit Indians, and that he would seek to
change regulations such as the height requirement which tends
to limit the opportunities of Indians. 194 However, there was
no allotment in the budget of the Department of Public Safety
to provide funds for a recruitment program. 195
Whether Colonel Hennessey's successor will honor commit-
ments he made remains to be seen.
191. Bangor Transcript, Feb. 8, 1973, p. 89.
192. Ibid. , p. 84.
193. Ibid., pp. 94-95, and 103.
194. Ibid. , pp. 103-104.
195. Ibid., p. 96.
- 97 -
Jurisdiction on the Reservation
Each of the three reservations has an Indian constable
appointed by the respective Tribal Councils. These
constables are responsible for enforcing Indian and Maine
laws on the reservations.-*-^" In the line of duty, they
sometimes must work with local, county, and State police.
The Advisory Committee was told this working relationship
is often one-sided, and non-Indian law enforcement officers
treat Indian constables with disrespect and sometimes
harass them. 197 Tribal officials, moreover, are prevented
from setting regulations such as speed limits because of
the State jurisdiction over their land. 198
Albert Harnois, constable at Indian Township, told the
Advisory Committee of problems related to the District
Court in Calais and of the lack of equipment:
My problem is with the District Court in
Calais... A couple of weeks ago I was
beaten up while I was arresting a person.
The next day I went down there to try to
make a complaint, the court clerk refused
to make a complaint, so she said to either
talk to the sheriff's department or the
State police. The local State police
refused to help me in any way. But the
deputy sheriff did write up what had happened,
but then I have trouble getting the complaint
made just the same. So, at that time the
county attorney wasn't in. So I got the
secretary to get in touch with him. This was
about seven or eight hours afterwards. And
I got in touch with the county attorney,
and then he just wanted a detoxification charge
to be made out, he wanted to drop the other
charges that I had on the other people, because
I had assault on a police officer, interfering
196. Authorized by Chapter 1351, Section 4716, M.R.S., 1964,
as amended.
197. Bangor Transcript, Feb. 8, 1973, pp. 349-50, Albert
Harnois, constable, Indian Township.
198. Ibid., p. 354, Raymond Moore, constable, Pleasant
Point.
- 98 -
with a police officer, besides arresting
one person. Then I told the county attorney
that if he didn't make the complaints out,
I would resign my position as a constable
and I would state the reason why I resigned.
So then he changed his mind about making
that complaint, and he told the clerk to make
the complaints now.
And then my other problem is police equipment,
trying to get police equipment for myself so
I can do the job properly. I tried the Indian
Affairs Department, they refused to give me the
equipment that I need. I also went to the
Attorney General, but he said he couldn't do
anything about it, it was up to the Indian
Affairs Department. So, the only thing I have
right now belongs to the State, just a badge. 199
Raymond Moore, constable at the Pleasant Point Reser-
vation, further illustrated the problems faced by Indian
constables:
...we are receiving lack of cooperation from the
town police, from the sheriff's department in
Washington County, and from the State police, the
State of Maine. For instance, like we are put
there, we sign the contract through the Depart-
ment of Indian Affairs, the governing body of the
reservation elects us to do the job that we are
supposed to do on the reservation. But if we don't
have no equipment, no matter how much knowledge,
or how much schooling that we have, if you don't
have the equipment to work with there is nothing
that anybody can do. Now, this is the reason why
I said we don't have no cooperation from outside.
For instance, if you have a case of breaking and
entering. The first thing you've got to have,
the first thing you've got to obtain is, for
instance, like a fingerprint kit. That's the
reason why you call these people in to do the
job for us. It seems to me every time I call
199. Bangor Transcript, Feb. 8, 1973, pp. 349-350
- 99 -
the State police or the sheriff's department,
or the local police to assist us on these
cases, that they often tell us, it's my day
off. Now, if this was like one occasion, in
one week I had three occasions of calling the
State police, to assist me on a case, which
he has the equipment to do it with, but he tells
me that it's his day off. I don't know how
many times the State allows for his boys to be
on his day off. But this is the kind of thing
that we are faced up to.
We are capable as constables and as police
officers to carry out our duties, and I think
we have that knowledge. 200
Constable Moore told the Advisory Committee of his
problems with the District Court in Calais. On one occasion,
he said, it was necessary for him to arrest a white motorist
who had failed to stop for a stop sign:
...and then I went up to the clerk of the court
in Calais and I filed a complaint, which I was
refused. It was a white man. And, as a matter
of fact, the clerk of the court told me, I don't
give a damn who you are but you ain't going to
get it. I took it up in front of the judge, and
as a matter of fact, I had a hard time, it took
me four days before I could file a complaint
against this man. . .
But as far as an Indian being brought in to these
courts, and as a matter of fact the facts show,
and these things cannot be denied, right there
in Calais, we are having hard times with the
white people, but even getting a warrant for the
arrest and as far as bail money goes, if an Indian
is being arrested, his bail is double than that
of any other person. 2 01
Constable Moore said that Indian constables had to
function without the equipment necessary to perform the job.
He complained of the lack of cooperation from other law
enforcement officials:
200. Bangor Transcript, Feb. 8, 1973, pp . 351-352.
201. Ibid. , pp. 352-353.
- 100 -
...as a matter of fact, if there is money
appropriated for the law enforcement agencies,
somebody else gets it first before we do. And
as of right now, we are working, we don't have
no radio, or communications in our cars, we
don't have no cameras, we don't have anything to
work with. That is the reason why that we are,
as a matter of fact, I am very glad to say this,
at this time, every time that we want any outside
help, we can't get it. I know that there is a
discrimination against us. As a matter of fact,
they laugh at us sometimes. As a matter of fact,
my fellow constable here lives about fifty miles
away from me has the same trouble. And I am sure
that he is aware, and I am sure that everybody is
aware of the situation that we are in. 202
David Koman , of the Criminal Justice and Law Enforcement
Planning Division of the Eastern Maine Development District,
questioned about the right of reservation constables to
enforce State laws, replied:
They can within the confines of the reservation.
In other words, any road, say a State highway,
runs through the reservation. They have the
right to enforce State laws on that highway. 203
On Route 1 through Indian Township, which is thickly
settled and a pedestrian area, the speed limit is 35 miles
per hour, but one-half a mile outside the reservation in the
town of Princeton the speed limit is 15 miles per hour. The
Passamaquoddy Governors have attempted for years to persuade
the Maine Department of Public Safety to simply change the
zones to insure the safety of people living on the adjacent
land since deaths have resulted from speeding traffic. 204
Governor Eugene Francis, of Pleasant Point, has also been
trying for years to get a blinker on Route 190 to safeguard
the crossing of school children. The State has not met his
request. 205 Constable Moore told of his efforts regarding
Rouge 190:
202. Bangor Transcript, Feb. 8, 1973, pp. 353-354.
203. Ibid., p. 128.
204. Bangor Transcript, Feb. 8, 1973, pp. 216-217, Gov.
Allen Sockabasin, Indian Township.
205. Ibid., P- 354.
- 101 -
I have been fighting with the highway com-
missioner ever since I've been on to reduce
the speed zone on that Route 190, which is
very dangerous. The reason why I say that,
there has been many people that has got killed
on that main highway that runs off right there
on the reservation. And as a matter of fact, my
son was one of them. And ever since then, they
put up signs, fifty miles an hour, and then
another ten feet there's another sign that
say's forty-five, and then another twenty feet
there will be another sign that says sixty miles
an hour. And this is awfully confusing to some
people. The reason why it is confusing is
because a forty-five mile per hour zone sign is
yellow. And these are what they call courtesy
signs, but the original, black and white signs
say fifty.
And I had the occasion of investigating an
accident here about two weeks ago. As a matter
of fact, I just got out of the hospital. I was
laid up for about six days. While I was
investigating the accident another car ran over
me and my cruiser. And my dome light was on, and
my flasher was on, and as a matter of fact, there
was a policeman on the other side, he had his
blue light on. But this fellow from Eastport
didn't take no heed of even slowing down whatsoever,
And I guess he struck me up in the air for about
ten feet, and I was blacked out, and like I said,
this road is very dangerous . 206
206. Bangor Transcript, Feb. 8, 1973, pp. 354-355
- 102 -
C. Proposed Indian Police Department
Indian constables told the Advisory Committee that
training, equipment, pay, and fringe benefits for Indian
constables were either grossly inadequate or non-existent.
The Advisory Committee was told that a proposal has been
prepared for the establishment of an Indian Police Depart-
ment which would be financed by an 18-month grant of
$88,553 from the Federal Law Enforcement Assistance
Administration XLEAA) • Tne proposal is designed to give
Indians the tools to deal with reservation law enforcement
problems. It will reduce the necessity for calling on out-
side police services and thereby reduce jurisdictional
problems. The program would include the training of Indian
constables at the U. S. Indian Police Academy on the special
problems relating to enforcing the law on reservations. It
would also establish an Indian Police Advisory Board of seven
members; the Governor of each of the three Maine Indian
reservations, or his representative. . .one representative of
the Washington County Sheriff's Department, one representative
of the Penobscot County Sheriff's office, one representative
of the Police Department of the City of Calais, and one
representative of the Police Department of the city of Old
Town. 207
Since the hearings this proposal has been funded.
207. "Upgrading Indian Police Services for Maine Indian
Reservations," Application for Grant Discretionary Funds, Law
Enforcement Assistant Administration, U. S. Dept. of Justice,
submitted by the Maine Department of Indian Affairs, 1973.
- 103 -
RECOMMENDATIONS
1. That Maine's Department of Public Safety change
the speed zones requested by the Indian Tribes on
State roads through reservation land and erect a
caution light on the road on the Pleasant Point
reservation land. The Maine Department of Public
Safety should establish some mechanism to deal
with Indian requests regarding State roads which
traverse their reservations.
2. That Maine's Department of Public Safety make an
effort to recruit and train Indians for the State
Police and remove any written or unwritten restric-
tions which may tend to discriminate against Indian
applicants for employment.
3. That Maine's Department of Public Safety give
sensitivity training to the State Police regarding
Indians and laws governing the Indian reservations.
And that Maine's Police Academy provide sensitivity
training in regard to Indians for all trainees and
cooperate with the proposed Indian Police Department
by providing training to the Indians who are hired.
4. That the Maine State Legislature enact legislation
to continue the funding of the Maine Indian Police
Department and that this Department be made a part
of the Department of Indian Affairs.
- 104 -
EXHIBIT I
TELEGRAM
3/28/73
The Honorable C.B. Morton
Department of the Interior
Washington, D.C.
On behalf of the Maine Congressional Delegation, I
am writing concerning the rights of Maine Indians to receive
services from the Federal Government. We would greatly
appreciate it if you could indicate whether the Indians in
Maine are eligible to receive services provided by the Bureau
of Indians Affairs pursuant to the Snyder Act, 42 Stat. 208,
25 U.S. C. 13. If you consider any of Maine Indians to be
ineligible for Snyder Act services, please indicate your
reasons .
As the Maine Congressional Delegation is meeting next
Tuesday, April 3, we would greatly appreciate having this
information prior to the meeting.
Thank you for your prompt consideration.
Sincerely,
Edmund S. Muskie
United States Senator
- 105 -
KXHIBIT U
United States Department of the Interior
OFFICK OV THE SECRETARY
WASHINGTON, D.C. 20240
APR 2 >973
Dear Senator I-Iuskie:
In response to your telegram concerning eligibility of
Maine Indians to receive Federal services, the Department
of the Interior has taken the position that no relation-
ship was or ever has boon established by way of treaty,
agreement or statute between the Maine Indians and the:
United States and that, therefore, the Tassai.iaquoddy and
Penobscot Indians are ineligible, for services, from the
Bureau of Indian Affairs.
However, the issue of eligibility is presently invo
in a lawsuit entitled Joint Tribal Council of 'the
Passanaquoddv Tribe . e t al . v. Morton . c t al. , (U.S
Maine, No. 19o0) , where the tribe is seeking a
declaratory judgment that- it is entitled - to recogni
and redress by the United States, especially by the
action against the State of Maine
lands and the deprivation of its
:ess
Government taking
the taking of its
sovereign rights.
±vea
.D.C. ,
tion
for
Siitcerc'ly yours,- - rf
( / ^oy-icitor
Jlenorablc Edmund S. Hue lei.
United St ." t e s i> c ;i a t e
Washington, D. C.
camj m nc ^^ - 106 -
JO.-.W , y^C^LLAN, ARK. CHARLES H. P C'\ :i_L.
HSMM M. JACKSON. WASH. JACOB K. JAVITi,. N.Y. EXHIBIT III
EDMUND S. MUSKIE. MAINE
AbftA.-v, RIBJCOFF, CONN.
»_EE METCALF, MONT.
1 VES D. ALLEN, ALA.
I CHILES, FLA.
WALTER O.
QICrcHcb J£>taie& ^>wale
COMMITTEE ON
GOVERNMENT OPERATIONS
WASHINGTON, D.C. 20510
June 5, 1973
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
There are approximately 3,000 Indians — Penobscots, Maliseets,
Micmacs and Passamaquoddics — residing in the State of Maine, who do
not receive the services of the Federal Bureau of Indian Affairs or of
the Indian Health Service. The Passamaquoddy Tribe has two reservations,
Indian Township and Pleasant Point; the Penobscots have the Indian Island
Reservation. The Maliseets and the Micmacs have no land base. However,
due to their mobility and to the close ties which exist among the various
tribes, there are members of all four tribes or. and off the reservations
throughout the State. Most off-reservation Indians reside near the reser-
vations in Aroostook, Penobscot and Washington Counties in Maine.
Maine Indians are in great need of assistance from the Federal Gov-
ernment in order to develop their personal and tribal resources and in order
to protect their legal rights. The denial of these necessary services by
•chose agencies specifically charged by Congress to serve all Indians, we
believe, is artibrary and unfair. It is our understanding that this denial
of Federal services by BIA and IHS can be reversed by administrative deci-
sion. We urge you to help bring about such a change in policy.
The obligation to provide services for American Indians is rooted in
the United States Constitution, and more specifically in the Federal statutes
which establish special benefit programs for American Indians. The meet
important of these is the Snyder Act (42 Stat. 208, 25 USC 13) under which
most 3IA funds are allocated. The Snyder Act gives the BIA authority to pro-
vide a wide range of services to "Indians throughout the United States...".
The Bureau of Indian Affairs, on the other hand, has interpreted "throughout
■die United States" to mean on or near Federally recognized Indian reservation;
and has limited the availability of its services accordingly.
In adopting this policy the Bureau has denied services to two cate-
■ ories of Indians in Maine: on-reservation and off-reservation. The on-
- 107 -
The President
June 5, 1973
reservation Indians are denied services because they live on a "state" rather
than a "Federal" reservation; the off -reservation Indians because they do not
live on or near a "Federal" reservation. All Maine Indians, therefore, are
denied services because they do not belong to a "federally recognized" tribe.
However, the use of the concept "federal recognition" as an administrative ve-
hicle for denying services to Indians has no basis in law. Only Congress can
terminate Indian tribes and it has never taken such action with regard to Maine's
Indians .
The question of whether a person or community is or is not Indian, then, is
largely anthropological and cannot be denied by administrative decision. General
Washington and the Continental Congress certainly recognized the Indians of Maine
when the requested and received their assistance during the War for Independence.
The Indian Office of the Department of War — the I>IA 's predecessor — recognised
the Indians of Maine when they surveyed the Indians of; the United States in 1621
and when they financed special public schools for Indians in Maine during the
1820" s. Indeed, the BIA recognized Maine's Indians when they accepted, and grad-
uated, a number of Maine's Indians at its Carlisle Indian College in the early
years of this century.
On July 8, 1970, in your message to Congress on ^Indian Affairs, you spoke out
strongly against the policy of termination, calling such a policy "morally and
legally unacceptable". You further called upon Congress to "expressly renounce,
repudiate and repeal the termination policy" and urged the passage of a resolu-
tion that "would reaffirm for the Legislative branch — as (you) hereby affirm
for the Executive branch — that the historic relationship between the Federal
government and the Indian communities cannot be abridged without the consent of
the Indians " .
Mr. President, we support your position that there should be no termination
without the consent of the Indians. Moreover, we believe that in an instance in
which- the termination of Federal services is the consequence of decisions by an
administrative agency, the restoration of services can be accomplished without
Congressional action. We therefore respectfully urge that you act to bring about
a resumption of Federal services by appropriate agencies of the Executive branch
to the Indians of Maine. In this period of transition and expansion of programs
tlatir.g to Indian services, such action has
particular urgency.
Edmund S"? Muskie
iited States Senator
Peter K. Ky.v<^
United StatMs Congre;
Respectfully ,
'William D. Hathaway J
United States Senator %/
William S. Cohen
United States Congressman
- 108 -
EXHIBIT IV
linked States Department of the liKerior
OlFKT ()1 rtlt: SVJ. RlilAR'
WASHINGTON, DC. 20240
M-
Dear Senator MusJcie :
Thank you for your letter of April 27, 1973, pointing
out that tho State of Maine recognizes the idicmucs and
Haliseet as Indian tribes.
The views expressed in tho Deputy Solicitor's letter
of April. 2, 1973, concerning tiie ineligibility of ths
Passainaqacddy and Penobscot Indians for services frori\
the Bureau of Indian Affairs also apply to the teicmacs
and Maliseet, since no relationship by way of treaty,
agreement or statute exists between theia ana the
United State:;. As indicated in the Deputy Solicitor's
o*let.£br, tne Passu»iaquoddy Tribe is now contesting this
°(VJ s £I?o£3tion with respect to it in tne united States District
if^'g^Cour-L for the District of Maine.
e£?:cP "a Sincerely yours,
I*J
(SgdJ Newton W. Edwards
For the Assistant to rrt
Secretary of the Interior
Honorable i.dtnund s. MusJcia
United Stat.es Senate
V7a shing ton , 0 . < J . 20510
U. S. COMMISSION ON CIVIL RIGHTS
WASHINGTON. D. C. 20425
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE $300
POSTAGE AND FEES PAID
I. COMMISSION ON CIVIL RIOMTS
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11