AUGUSTA, Maine — A sweeping sovereignty proposal for Native American tribes in Maine may become narrower as part of a compromise meant to avoid another veto from Gov. Janet Mills, several tribal leaders and representatives said Monday.
Testimony to lawmakers during a public hearing revealed the four federally recognized tribes in Maine that make up the Wabanaki Alliance have not seen eye to eye on all aspects of the sovereignty effort that Mills has successfully defeated in the past.
A consensus amendment to the proposal from House Speaker Rachel Talbot Ross, D-Portland, may focus on expanding the criminal jurisdiction tribes have in court matters, attorneys for the Passamaquoddy and Mi’kmaq tribes told the Legislature’s Judiciary Committee.
While not all details are available on the potential tweaks, tribes “are almost at consensus” with Mills and Attorney General Aaron Frey’s office on changes to the 1980 settlement that saw tribes relinquish a claim for more than two-thirds of the state’s land in exchange for becoming regulated like cities and towns, Corey Hinton, a Passamaquoddy attorney, said.
“The reality is that the tribe does not want to see legislation brought forward that is only going to end in a veto,” Hinton said.
Mi’kmaq Nation attorney Craig Sanborn added his tribe feels the existing Talbot Ross bill is not ready “as a whole for consideration” due in part to time constraints. Lawmakers are scheduled to adjourn in mid-April, and the speaker’s bill still needs to receive a committee vote at a later date before advancing to the House and Senate for floor votes.
The Mi’kmaq are “not as heavily invested” in criminal jurisdiction issues as the other tribes because they are still setting up a court and police department but support a compromise the state and tribes have “worked extremely hard” on for the past two months, Sanborn added.
The Wabanaki Alliance has advocated for years to amend the $81.5 million settlement to give tribes access to additional federal benefits available to tribes in other states, relating to issues such as health care, land acquisition and disaster assistance. The alliance has pointed to a Harvard University report finding they lagged economically behind tribes in other states.
But Mills vetoed sovereignty proposals in the past few years and opposes the initial language included in the 41-page Talbot Ross bill that came out last week. Mills believes the more sweeping plan would lead to legal issues and create confusion, according to her office.
The Democratic governor supports the “change in approach” from the tribes to “find common ground” in criminal jurisdiction and other areas, Scott Ogden, her spokesperson said Monday.
“By developing legislation that solves specific problems with clear language that is well-understood by all affected parties, as we have done in the past, we can make progress,” Ogden added.
Separate bills have also dealt with tribal gaming and tax issues, for example, including a 2022 compromise with Mills that gave a new mobile sports betting market to the tribes.
The Wabanaki Alliance and Houlton Band of Maliseets officially testified Monday in support of the Talbot Ross bill, but Maliseet Tribal Chief Clarissa Sabbatis said her tribe understands “there’s more work to be done.”
Penobscot Nation Ambassador Maulian Bryant, who is also the Wabanaki Alliance board president, said the tribes and its allies are “hopeful for a good outcome” with the Talbot Ross bill that enacts most of the recommendations from a task force that formed in 2019.
“While the journey to progress is a long and winding one, we are focused on increased self-determination and well-being for our tribal nations,” Bryant said.
