On Jan. 30, the state Environmental and Natural Resources Committee held a confirmation for Governor Janet Mills’ nominee for commissioner of environmental protection, Jerry Reid. Below is the written testimony submitted by Ambassador Maulian Dana of the Penobscot Nation on behalf of the Nation.
Dear Senator Carson, Representative Tucker, and honorable members of the committee,
I send my regrets that I could not attend in person today, weather conditions and my childrens’ school being canceled are factors in my absence. However I wanted to send along some thoughts on behalf of the Penobscot Nation. I am confident you will hear these same concerns reiterated by Citizens of our Nation and allied groups and I thank you in advance for your patience.
We are voicing concerns from the Nation on this nomination based on Mr. Reid’s close involvement in litigation between the United States Government with the Penobscot Nation versus the State of Maine over rights to the Penobscot River. Mr. Reid represented previous Attorney General Janet MIlls’ office at the Federal Court case in October 2015. This case was decided for the State which we appealed to the First Circuit Court of Appeals where we also faced a decision not in our favor and have appealed that as well. We are waiting for a full panel en banc review. The case has weighed heavily on our Nation and constant litigation is both a drain on our resources and community but our inherent sovereignty and sustenance is so central to who we are as a Nation that we have decided to persevere in hopes that we can open hearts and minds to our deep love and care for our River which not only is tied into our ways of life and survival but our cultural identity and ancestry.
There is a cacophony it seems from many watching this unfold over the years of discussion and passionate debate over who is responsible for the tension and who is in the wrong. I seek to cut through some of that in my role of Ambassador and Chief Francis as well is ready to see new opportunities on the horizon. Governor Mills was fairly responsive to these hopes for new beginnings during her campaign, has taken a stand on Indian mascot use in Maine, graciously invited me to speak at her inauguration, and has developed a Tribal State Liaison position staffed with former Representative to the Legislature and revered Penobscot veteran and elder Donna Loring. For these actions and potential improvements in Tribal State relations we are thankful and hopeful.
However we would miss an opportunity if we did not weigh in on her choice for this critically important role. After careful review of court transcripts we need to raise a few issues we have with Mr. Reid’s comments in prior litigation. It is our firm position that we have never ceded any rights to sustenance fishing in the Penobscot and this is supported by United States Congress and the Maine Indian Land Claims Settlement and Implementing Acts. Mr. Reid stated that he cannot fully subscribe to this claim. He also made statements that sustenance fishing is not something that is common practice among our people and while he may have data to support this, we would point out that levels of pollution and contaminants from discharge into the river have harmed the fish supply and quality and this is a reason for lower rates of our Citizens living off the fish. I am 34 years old and growing up my parents did not allow me to eat fish from the river or even swim in it because of fear of cancer causing pollution. Recent efforts have made the river much safer and cleaner and we are hopeful this trend continues.
It stands to be determined if the new roles for both Mr. Reid and Governor Mills will produce new broader thinking about Tribal Sovereignty and how it should be recognized in Maine. Sovereignty is not something we are asking for, it is something we already have. Part of that puzzle is education on the unique relationship that we have with the federal government and how that relationship will by nature supersede some areas of Maine law and policy. That does not translate to a lack of respect or validation for Maine but rather a heightened sense of needing to define the roles and responsibilities of all of us as sovereign bodies.
Moving forward we ask that we be consulted and respected in actions in Maine having to do with the environment and our river, which we see as a sacred part of our family. As the original stewards of this land and having a record of extreme care and love for Maine lands and waters it will be to the benefit of all to have our voice and resources at the table. Should Mr. Reid be confirmed we are open to a working relationship where past misunderstandings can be mitigated for the good of all of us. At the end of the day one would hope that we all want clean water for us and future generations.
Thank you for consideration of my testimony and with upmost respect,
Maulian Dana
Ambassador, Penobscot Nation
Maulian Dana speaking at the inauguration of Governor Janet Mills. (Photo: Jeff Kirlin | The Thing of the Moment)
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