In 1980 the lawsuit was settled, resulting in the federal Maine Indian Claims Settlement Act ( MICSA) and its accompanying state legislation. At issue was the ownership of nearly two thirds of the entire state. Penobscots claimed, rightly, that the transfer of their land to Massachusetts (now Maine) in the late eighteenth and early nineteenth centuries had broken this law, and they wanted their land back. The claims centered on the applicability of the Nonintercourse Act of 1790, a federal statute prohibiting the sale or confiscation of Native land without the express approval of Congress. Two weeks later, it filed suit on behalf of Penobscot Nation. ![]() ![]() ![]() In June 1972 a long ribbon of litigation began to unspool that obliged the Department of Justice to sue the state of Maine on behalf of the Passamaquoddy Tribe. Penobscot Nation-along with the rest of Maine’s Native population-has suffered all of the above. Most of its residents live on roads where the 15.6 million tourists who visited in 2021 probably didn’t go: in communities damaged by toxic pollutants or opioids, bankrupted by government inaction, devoured by poverty, haunted by our country’s colonial past. ![]() The Way Life Should Be.” This seductive dictum, however, obscures less romantic landscapes within the borders of our state. A sign flanking the Maine Turnpike near the New Hampshire border greets drivers as they file in from points south: “Maine.
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