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Full text of "Federal and State services and the Maine Indian a report [microform] :"

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FEDERAL AND STATE 
SERVICES AND THE 
MAINE INDIAN 






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— 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 

Pa 9 e 

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 Hypocrisy 1 ?" 
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 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 r 1 : 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. 4 3 



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 an d 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 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 M r . 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 . I 67 

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. l 7tD 

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 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. 1 7 -^ 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 
o r 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 X LEAA ) • 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 'th e 
Passanaquoddv Tribe . e t al . v. Morto n . 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 rr t 
Secretary of the Interior 



Honorable i.dtnund s. MusJcia 

United Stat.es Senate 

V7a shing ton , . < J . 20510 



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