June 12, 1972
Page 20441
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. MUSKIE (for himself and Mrs. SMITH)
S. 3695. A bill for the relief of the Passamaquoddy Indian Tribe in the State of Maine. Referred to the Committee on the Judiciary.
Mr. MUSKIE. Mr. President, I introduce, for appropriate reference, with Senator SMITH, a private bill to insure that no statute of limitations found in section 2415 of title 28, United States Code, shall prohibit the United States from initiating an action on behalf of the Passamaquoddy Indian Tribe, within 10 years after July 18, 1966.
At the present time, the Departments of Interior and Justice have under consideration a lawsuit on behalf of the Passamaquoddy Tribe against the State of Maine. The Passamaquoddy have made some very serious allegations concerning the mishandling of their lands and funds held in trust for them. These allegations deserve a full hearing by our courts. However, the Departments of Interior and Justice have not yet acted on the Passamaquoddy request that the United States represent them in seeking appropriate relief, and, because the relevant statute of limitations in 28 U.S.C. section 2415 runs out on July 18, 1972, the time left for making such a decision is growing short. I believe that it would be most unfortunate if a negative decision by the Departments of Justice and Interior at the 12th hour would deprive the Passamaquoddy of an opportunity to have their claim, now fully developed, heard in court. Gov. Kenneth M. Curtis of Maine agrees with this position.
I must add that the private bill which Senator SMITH and I introduce today would be unnecessary if Congress were to act promptly on S. 3377, a bill now before the Committee on Interior and Insular Affairs. This legislation would provide a general extension of the statute of limitations found in 28 U.S.C. 2415 with respect to the commencement of an action by the United States on behalf of an Indian tribe for trespass on trust or restricted Indian lands. As Senator FANNIN pointed out when he introduced this legislation on March 20, 1972, the passage of the statute of limitations legislation in 1966 was accompanied by scant recognition of its impact on Indian claims which the United States would litigate on their behalf. Senator FANNIN noted that the legislation was handled in the Judiciary Committee and escaped notice by those concerned about Indian legal rights, primarily because the titles of the legislation gave no indication that any claims other than those of the United States were involved. It was not until as late as December of 1971 that many Indian tribes recognized that the 6-year statute of limitations found in 28 U.S.C. 2415 applied to the power of the United States to sue on behalf of the Indian tribes as their trustee. As a result, many potentially legitimate claims for the misuse of Indian lands will be barred if the statute of limitations is not extended. The Penobscot Tribe of Maine is one of those tribes that is just beginning to develop its claims, and it would be most unfortunate if their opportunity to pursue this development was barred by the statute of limitations.
I, therefore, hope that this private legislation which Senator SMITH and I introduce today will be rendered unnecessary by passage of S. 3377, extending the statute of limitations generally.
However, if this does not happen, I believe it would be particularly unjust if the Passamaquoddy claim, now fully developed and pending before the Department of Interior since February of this year, does not have an opportunity to be fully aired in court. This private bill represents an effort to avoid that injustice.