A still image from the documentary The Penobscot: Ancestral River, Contested Territory

The Penobscot Nation and the state of Maine appeared in court on Wednesday to battle over control of the Penobscot River.

A 60-mile portion of the river runs through the boundaries of the reservation. Yet the state claims complete jurisdiction over the waters, including authority over tribal hunting, fishing and other activities.

“That is the major question of the case: Where is the tribe’s reservation?” Chief Kirk Francis told The Portland Press Herald after attending the two-hour hearing.

The Department of Justice is siding with the tribe. So is a bipartisan group of lawmakers, who are arguing that Congress didn't extinguish the tribe's rights to the river when it enacted the Maine Indian Claims Settlement Act in 1980.

“Because the State has pointed to no clear statement – or even an ambiguous one – suggesting Congress intended to extinguish the Penobscot’s hunting, fishing, and trapping rights in the Penobscot River, this Court must interpret the statute to recognize those rights and protect them from conflicting state law,” the brief from the five members of the Congressional Native American Caucus stated, the Press Herald reported.

Get the Story:
Penobscots, state attorneys square off over tribal rights to Penobscot River (The Portland Press Herald 10/15)
Judge to decide if Penobscot Indian reservation includes river water (The Bangor Daily News 10/15)
River Fight Between Maine, Tribe Comes to Head (AP 10/15)
Court Hears Arguments in Penobscot Nation Suit Over River Jurisdiction (Maine Public Broadcasting Network 10/14)

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