A still image from the documentary The Penobscot: Ancestral River, Contested Territory
A federal judge sided with the state of Maine in a dispute over the ownership of the namesake river of the Penobscot Nation. Judge George Singal determined that the reservation includes the islands that lie within the Penobscot River. But he said the tribe does not own the water itself due to provisions in the Maine Indian Claims Settlement Act and a companion state law. "The settlement acts clearly define the Penobscot Indian Reservation to include the delineated islands of the main stem, but do not suggest that any of the waters of the main stem fall within the Penobscot Indian Reservation," Singal wrote in the 64-page decision. "That clear statutory language provides no opportunity to suggest that any of the waters of the main stem are also included within the boundaries of the Penobscot Indian Reservation." At the same time, Singal ruled that the tribe retains subsistence fishing rights. A 60-mile portion of the river runs through the reservation. Tribal leaders will meet with the Department of Justice to decide on the next steps in the case, Chief Kirk Francis told The Portland Press Herald. They could ask the 1st Circuit Court of Appeals to review the decision. Turtle Talk has posted documents from the case, Penobscot Nation v. Schneider. Get the Story:
Judge rules Penobscot Nation reservation does not include river’s waters (the Portland Press Herald 12/17)
Judge rules against Penobscot Nation in lawsuit over river rights (The Bangor Daily News 12/17)
Federal Judge Rules Against Tribe In River Rights Lawsuit (AP 12/17)
Judge: Penobscot Reservation Does Not Include River's Waters, But Tribe Has Fishing Rights (Maine Public Broadcasting Network 12/16)
Law Firm Press Release: U.S. District Court Denies Penobscot Nation's Claim to Penobscot River (Pierce Atwood 12/16)
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