Tribal sovereignty effort faltering, for now, in Maine

Apr 27, 2022, 9:14 AM | Updated: 12:05 pm

PORTLAND, Maine (AP) — With a Democratic governor and a Democratic-controlled Legislature, Native Americans in Maine saw this year as their best shot at changing a landmark settlement to win sovereignty from the state.

The tribes now reluctantly accept that sweeping change is unlikely to happen because of a threat of a veto by the governor.

Five tribal leaders responded to the Legislature adjourning without taking final action on the bill, saying they didn’t have enough votes to override the veto. But they said they’re not giving up and plan to continue to press for full sovereignty.

“The evidence is clear that when tribal communities prosper, so do the surrounding communities. Wabanaki sovereignty is good for all of Maine,” the chiefs said in the statement Tuesday night.

The veto threat represents the latest setback for efforts to alter the Maine Indian Land Claims Settlement Act of 1980. That landmark agreement put Native Americans in Maine on a different path than the other 570 federally recognized tribes across the country.

The law treats reservations like municipalities, subject to state law, giving rise to disputes and lawsuits between the tribes and the state over environmental, fish and wildlife rules.

Native Americans in Maine were put into a squeeze back in 1980. They could either take the $81.5 million deal to settle land claims, and give up some autonomy, or risk losing everything ahead of a presidential election. They chose the deal, and President Jimmy Carter signed the agreement.

Four decades later, on the brink of changing that agreement, lawmakers and the governor put the tribes in a similar position.

The Maine Legislature approved a bill giving control of mobile sports gambling to the tribes — a lucrative deal — but the tribes feared they could lose that funding if they continued to press their sovereignty effort.

In the end, the tribes declined to be pressed into a corner like they were in 1980 by trading rights for money. So they declined to provide any guidance to legislative leaders on how to proceed. Lawmakers could either push the bill through and let it be vetoed, or they could heed the governor’s request to simply delay further action this session.

The proposal’s failure either through legislative inaction or a veto is a bitter pill to swallow for the Wabanaki Nations — the Penobscot Nation, Passamaquoddy tribes at Indian Township and Pleasant Point, Houlton Band of Maliseets, and Mi’kmaq.

“Permanent sovereignty restoration remains the legislative priority for the Wabanaki Nations, and it will continue to be our priority moving forward,” the tribal chiefs said.

Despite their frustration, the tribes said they’re heartened by the strongest support they’ve ever received for change at a time when, on the national stage, the Biden administration is looking to partner with tribes.

Hundreds of people rallied outside the Maine State House on their behalf, and 1,400 people submitted testimony to the Legislature.

The Legislature approved — and the governor signed — a bill that lets the Passamaquoddy at Pleasant Point regulate their drinking water, working with the U.S. Environmental Agency instead of state regulators. That bill addresses decadeslong water quality problems.

And the bill that funnels mobile sports betting revenue to tribes further provides a framework for greater collaboration with the state along with some tax relief for tribal members and businesses.

The governor also has signaled she might support an effort to ensure Maine tribes aren’t excluded from benefits of future federal laws.

But the immediate future for sovereignty is unclear.

Democratic Gov. Janet Mills has asked the legislative and tribal leaders to delay the wider sovereignty bill to avoid her issuing a veto that could inflame passions and divide her party in an election year. Mills faces a tough reelection battle against former Republican Gov. Paul LePage. And midterm elections generally are not kind to the party in power in the Legislature.

Tribal leaders said they’re taking the long view toward changing the law, and righting a social and economic injustice.

“Time is on our side. Our people have lived with the negative consequences of the settlement act for over 40 years,” they said. “Our fight for sovereignty restoration will not end today,” they said.

___

This story has been corrected to show that the tribes are federally recognized, not regulated.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

This photo provided by Robert Wilkes, owner of a house boat management company, shows smoke rising ...

Associated Press

Houseboats catch fire while docked at Wahweap Marina on Lake Powell

More than half a dozen house boats momentarily caught fire at a popular boating destination on the Utah-Arizona line on Friday.

22 hours ago

File - Women work in a restaurant kitchen in Chicago, Thursday, March 23, 2023. On Friday, the U.S....

Associated Press

US hiring, unemployment jump in May and what that says about the economy

The nation’s employers stepped up their hiring in May, adding a robust 339,000 jobs, well above expectations.

22 hours ago

(Pixabay Photo)...

Associated Press

Oath Keeper from Arizona sentenced for role in Jan. 6 riot at US Capitol

Edward Vallejo, a U.S. Army veteran from Phoenix, oversaw a “Quick Reaction Force” at a Virginia hotel that was prepared to deploy an arsenal of weapons into Washington if needed, authorities say.

2 days ago

FILE - U.S. Border Patrol Chief Raul Ortiz listens during a news conference, Jan. 5, 2023, in Washi...

Associated Press

US Border Patrol chief is retiring after seeing through end of Title 42 immigration restrictions

The head of the U.S. Border Patrol announced Tuesday that he was retiring, after seeing through a major policy shift that seeks to clamp down on illegal crossings at the U.S.-Mexico border following the end of Title 42 pandemic restrictions.

3 days ago

FILE - President Joe Biden talks with House Speaker Kevin McCarthy of Calif., on the House steps as...

Associated Press

House OKs debt ceiling bill to avoid default, sends Biden-McCarthy deal to Senate

The House approved a debt ceiling and budget cuts package late Wednesday, as President Joe Biden and Speaker Kevin McCarthy assembled a bipartisan coalition of centrist Democrats and Republicans against fierce conservative blowback and progressive dissent.

3 days ago

Sean Bickings (Family Photo via city of Tempe)...

Associated Press

Family of man who drowned last year in Tempe Town Lake files wrongful death lawsuit

The family of a man who drowned in Tempe Town Lake a year ago filed a wrongful death lawsuit against the city Wednesday, noting that its police department doesn't have a policy requiring officers to go into the water to save someone.

3 days ago

Sponsored Articles

...

SANDERSON FORD

Thank you to Al McCoy for 51 years as voice of the Phoenix Suns

Sanderson Ford wants to share its thanks to Al McCoy for the impact he made in the Valley for more than a half-decade.

(Photo: OCD & Anxiety Treatment Center)...

OCD & Anxiety Treatment Center

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

(Photo by Michael Matthey/picture alliance via Getty Images)...

Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.

Tribal sovereignty effort faltering, for now, in Maine