When the 129th Legislature adjourned in March due to the pandemic, progress on passing measures to reinforce the sovereignty of tribal nations in Maine stalled.
But as a new session gets underway, Maulian Dana, Penobscot Nation ambassador, said she’s hopeful that legislation codifying tribal sovereignty will be passed in the 130th Legislature.
Tribal communities pushed during the last legislative session to reform the Maine Indian Claims Settlement Act of 1980, the implementation of which has prevented tribes in Maine from having the sovereignty that other U.S. tribes maintain over natural resources, gaming and taxation.
Dana said working to reform the law and reinforce tribal sovereignty in Maine is essential in the year ahead.
“I think it’s really the underpinning of what strengthens all of our tribal communities — being able to really act out our duties as stewards of the lands and waters, [having] jurisdiction in tribal courts over crimes, especially crimes that are messy jurisdictionally right now like domestic violence and violence against women, and having the means to pursue economic development to really strengthen our community,” Dana said, adding that those who want to learn more about the need for tribal sovereignty can do so here.
That lack of ability under the Settlement Act to pursue significant economic development has had major ramifications for tribes, advocates argued during the last legislative session.
“The provision in the Maine Settlement Act that purposely excludes the Wabanaki from the rights and benefits enjoyed by other Tribes has left us hopelessly disadvantaged and impoverished,” Sherri Mitchell, an attorney and citizen of Penobscot Nation, said in testimony before the state’s Judiciary Committee in February.
As a result, tribal sovereignty advocates urged the legislature during the last session to pass LD 2094, which would have implemented 22 changes to the Settlement Act recommended by the Maine Indian Land Claims Task Force.
One recommendation was reforming the law to create “an enhanced process for tribal-state collaboration and consultation as well as a process for alternative dispute resolution.” Other recommendations included strengthening Tribal communities’ criminal jurisdiction, recognizing the rights of tribes to regulate hunting and fishing on their lands, and empowering Tribes to engage in gaming initiatives, among other proposed changes.
LD 2094 was approved by the Judiciary Committee in August. But because the full legislature was not in session, the bill wasn’t taken up and died when the new legislative session began.
Looking ahead to 2021
While Dana said it’s frustrating that the push to reform the Settlement Act and reinforce tribal sovereignty has to start again this session, she noted that the reforms to the law recommended by the task force provide a framework for how to move forward.
“If you look at those 22 recommendations, it covers the gamut of how we can really reinforce tribal sovereignty in Maine,” Dana said. “So I think that will be where we start, and hopefully we will end up with something becoming law. And a year down the road or so, we’ll be able to know the progress we’ve been able to make and whether we still need to make up some of that recognition of our inherent sovereignty in Maine.”
Dana added that she believes significant progress can be made on tribal sovereignty in the upcoming session.
“I am very hopeful,” she said. “I think it’s cautious optimism that we all feel. We were able to do some great things with the legislative makeup of the 129th body, and we’re really hopeful that we can do some more bridging of gaps and understanding.”
Efforts to expand tribal sovereignty and the rights of Indigenous people in Maine during the 130th Legislature are already underway, as a number of tribal-related bills have been submitted for consideration.
One piece of legislation would implement the recommended amendments to the Settlement Act put forward by the task force, essentially reviving LD 2094 from the last session. Another proposed bill aims to create gaming equity and fairness for the Tribes in Maine by making such activities subject to the federal Indian Gaming Regulatory Act. Other proposed measures would establish a permanent Wabanaki appointment to the Maine Inland Fisheries and Wildlife Advisory Council, the Marine Resources Advisory Council and the University of Maine Board of Trustees.
An additional bill, put forward by Rep. Rena Newell, the Passamaquoddy Nation’s tribal representative in Augusta, would remove barriers that have prevented Passamaquoddy tribal citizens from accessing clean drinking water.
In an email, Newell said she’s optimistic that Indigenous leaders can build on the foundation created during the last session.
“One can certainly remain hopeful that significant progress will continue,” she said.
Newell added that she hopes Gov. Janet Mills, a Democrat, will be willing to discuss the legislation that is being proposed with Indigenous communities.
“While I also understand the governor’s need to focus on the state of Maine’s COVID-19 response, I would encourage Governor Mills and/or a designated member of her office to engage with the tribes regarding the governor’s position reflecting the proposed legislation throughout the upcoming 130th legislative session,” Newell said.
Dana also said she is hopeful that tribal sovereignty advocates can have a productive relationship with Mills during the legislative session. Dana said it’s no secret that the Tribes clashed at times with Mills when she was the state’s attorney general, such as when Mills led the legal effort opposing the Penobscot Nation’s claim to stewardship of its namesake river.
But Dana drew a line between Mills’ actions as attorney general and her approach to the Tribes as governor.
“I think the governor supports a lot of the healing that’s being sought in this relationship,” Dana said. “She has been open to discussing things with the Tribes, and it’s going to be crucial that we maintain that flow of communication as we go into this next round of lawmaking.”
Dana pointed to a bill passed by the legislature and signed by Mills last session that allows the Penobscot Nation and the Passamaquoddy Tribe to prosecute non-tribal people accused of committing acts of domestic violence or other crimes under the federal Violence Against Women Reauthorization Act as an important example of success when it comes to working with the governor and with lawmakers.
Looking ahead to 2021, Dana said she’ll again be working with elected officials at all levels and engaging in conversations with lawmakers about what tribal sovereignty means and why it’s important.
“I think there’s a fear that if Tribes are recognized as sovereign nations, there’s this great unknown,” Dana said. “And a big part of our job right now is communicating clearly that there’s nothing to fear, that every other tribal nation in the country is operating this way.”
Top photo: Ian Sane, Creative Commons via flickr
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