Indian Township Passamaquoddy Reservation Housing Authority v. Governor

495 A.2d 1189, 1985 Me. LEXIS 773
CourtSupreme Judicial Court of Maine
DecidedJuly 12, 1985
StatusPublished
Cited by4 cases

This text of 495 A.2d 1189 (Indian Township Passamaquoddy Reservation Housing Authority v. Governor) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Indian Township Passamaquoddy Reservation Housing Authority v. Governor, 495 A.2d 1189, 1985 Me. LEXIS 773 (Me. 1985).

Opinions

McKUSICK, Chief Justice.

The plaintiffs, three Indian reservation housing authorities, sought a declaratory judgment in the Superior Court (Kennebec County) that the State of Maine continues to be bound by certain cooperation agreements for municipal services that it entered into with them in 1969 and 1971. Ruling on the parties’ cross motions for summary judgment, the Superior Court held that section 12 of the federally enacted Maine Indian Claims Settlement Act of 1980 discharged and released the State from its obligations under the cooperation agreements. On plaintiffs’ appeal, we affirm the judgment.

The United States Housing Act of 1937, now codified at 42 U.S.C. §§ 1437-1437q (1978 & Supp.1985), declares that:

It is the policy of the United States to promote the general welfare of the Nation by employing its funds and credit, as provided in this chapter, to assist the [1190]*1190several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of lower incomef.]

42 U.S.C. § 1437. Under the housing act, the federal government, through the Department of Housing and Urban Development (HUD), funnels money to local housing authorities that construct and manage housing projects for low income citizens. The Indians of the State of Maine for many years had suffered the “substandard housing conditions” at which the housing act was targeted, but the tribes were legally incapable of establishing the housing authorities that were a prerequisite to the receipt of federal money. Until the decisions in Joint Tribal Council of the Passamaquoddy Tribe v. Morton, 388 F.Supp. 649 (D.Me.), aff'd, 528 F.2d 370 (1st Cir.1975), when the courts found that there existed a trust relationship between Maine's Indians and the federal government, the State was generally believed to be responsible for the well-being of the tribes. In 1965 and 1967 the Maine legislature created three Maine Indian housing authorities so that the tribes could benefit from federal housing subsidies.1 The stated purpose of the authorities was to eliminate the “insanitary, unsafe and overcrowded dwelling accommodations” that constituted “a menace to the health, safety, morals and welfare of the residents of [Maine Indian] reservations.” P.L. 1967, ch. 252, §§ 1, 2.

Federal law also requires that before HUD provides loan money to a public housing agency, “the governing body of the locality” must enter into an agreement with the housing authority to provide, inter alia, basic municipal services to the project. 42 U.S.C. § 1437c(e)(2). With federal money available for the Indian housing authorities, an issue arose as to which government entity should enter into the “cooperation agreement” with the housing authorities. Internal HUD memos and letters from HUD to the Maine Department of Indian Affairs demonstrate that the federal funds would be forthcoming only if the State, the entity that provided all of the customary municipal services to the reservations, signed a cooperation agreement with each authority. That cooperation agreement was to be in the same form and substance as the cooperation agreements required of towns and cities in situations where they had the legal and financial capacity to enter into such contracts.

To allow the receipt of HUD money by Maine’s Indians, the State entered into a cooperation agreement with the Penobscot Tribal Reservation Housing Authority on April 2, 1969; and identical agreements with the Indian Township Passamaquoddy Reservation Housing Authority on October 1, 1969, and with the Pleasant Point Passa-maquoddy Reservation Housing Authority on March 8, 1971. Each agreement required that the State “[fjurnish ... public services and facilities of the same character and to the same extent as are furnished ... to other dwellings and members of the Tribe,” accept dedication of streets, release the State’s interest in areas needed for development, provide water and sewer services and provide the authorities upon request with the use of State purchasing facilities and with funds or personnel for project management, repairs, and legal services. As required by HUD, the parties also agreed that, so long as any contract for loans or contributions between the authority and the federal government remained in force, or so long as bonds issued in connection with the funded projects remained unpaid, the agreement could not “be abrogated, changed or modified without the consent of the [federal] Government.”

In addition, HUD required that each tribe enter into similar undertakings with the authorities, as the federal agency informed the State, “in order to provide for [1191]*1191the possibility that the Tribe may in the future be in a position to furnish services to the reservation heretofore furnished by the State[.]” With the agreements in place, the Indian housing authorities constructed and managed the much-needed dwellings.

In 1980 the United States Congress enacted the Maine Indian Claims Settlement Act, 25 U.S.C. §§ 1721-1735 (1983 and Supp.1985). In that legislation Congress gave its approval to a settlement of lawsuits brought by the United States on behalf of the Penobscot Nation, the Passama-quoddy Tribe, and the Houlton Band of Maliseet Indians to resolve their land claims against the State under the Trade and Intercourse Act of 1790. Section 12 of the settlement act, codified at 25 U.S.C. § 1731, provides:

Except as expressly provided herein, this subchapter shall constitute a general discharge and release of all obligations of the State of Maine and all of its political subdivisions, agencies, departments, and all of the officers or employees thereof arising from any treaty or agreement with, or on behalf of any Indian nation, or tribe or band of Indians or the United States as trustee therefor, including those actions now pending in the United States District Court for the District of Maine captioned United States of America against State of Maine[.]

(Emphasis added)

The issue in the case at bar is whether section 12 discharged the State of Maine from its obligations under the cooperation agreements.2 We find that, given the legal framework required for receipt of federal housing moneys that existed at the time the pacts were signed, the agreements between the authorities and the State were made “on behalf of” the Indian tribes. In addition, we believe that the overriding purpose of the 1980 act was to effect a comprehensive settlement between the Indians and the State of Maine. Accordingly, we hold that the discharge of the State from any and all obligations it had to the Penobscot Nation and Passamaquoddy Tribe necessarily includes the State’s obligations under the cooperation agreements.

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Related

Francis v. Dana-Cummings
2007 ME 16 (Supreme Judicial Court of Maine, 2007)
Great Northern Paper, Inc. v. Penobscot Nation
2001 ME 68 (Supreme Judicial Court of Maine, 2001)
Francis v. Pleasant Point Passamaquoddy Housing Authority
1999 ME 164 (Supreme Judicial Court of Maine, 1999)

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Bluebook (online)
495 A.2d 1189, 1985 Me. LEXIS 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indian-township-passamaquoddy-reservation-housing-authority-v-governor-me-1985.