AUGUSTA, Maine — Gov. Janet Mills vetoed a bill Friday granting Maine’s tribes access to more federal laws, setting up a showdown with lawmakers who may have the support to override her decision.
The bill is a top priority of House Speaker Rachel Talbot Ross, D-Portland, and Maine tribes who say their health and economy have lagged behind tribes in other parts of the country due to a landmark 1980 settlement of a massive tribal land claim of two-thirds of the state.
That agreement between Maine, the tribes and Congress effectively regulated tribes like cities and towns, leaving them without the sweeping powers that other U.S. tribes enjoy. Talbot Ross’ bill would allow Maine tribes to benefit from federal laws that do not apply to them now.
It is a state version of an approach contained in a federal bill led by U.S. Rep. Jared Golden, a Democrat from the 2nd District. But the effort has been opposed by Mills, a Democrat, and U.S. Sen. Angus King, a former governor and independent who caucuses with Democrats.
“I believe the interest we share to do right by the Wabanaki Nations and Maine people must be accomplished through legislation that is clear, thoroughly vetted, and well understood by all parties,” Mills wrote in a veto letter.
She said the bill does not achieve “these important standards, and I fear it would result in years, if not decades, of new, painful litigation that would exacerbate our government-to-government relationship and only further divide the state and our people.”
In a statement, the Wabanaki Alliance, a group representing the state’s four federally recognized tribes, noted the bill was based on one consensus recommendation out of 22 from a 2019 task force that studied changes to the settlement.
“We’re disappointed that the Governor continues to block self-determination policies that would better the lives of tribal citizens and rural Mainers,” Chief Kirk Francis of the Penobscot Nation said. “Her constant insistence that she maintain control over the tribes is an outlier across the country.”
While she has opposed Golden’s approach to the matter, Mills said in a Friday interview she believes the solution is not the bill she vetoed but rather should come out of negotiations between the congressional delegation, tribes, her office and state lawmakers.
“My door is open. Sen. King has indicated his door is open. I feel confident that Sen. [Susan] Collins’ door is open too,” Mills said. “They know how to craft federal laws that do exactly what Maine intended to do, nothing more or less, without creating problems or potential conflict.”
That stance, however, frustrated Passamaquoddy Tribe Chief Sipayik Rena Newell, who said the governor “keeps moving the goalposts.”
“We can only conclude she wants nothing done on this issue,” the chief said.
Mills also emphasized she has worked with tribes previously to reach consensus on certain issues. She fought them as attorney general on issues including water quality standards, although she reached a deal as governor with tribes on that subject.
Last year, Mills agreed to a new mobile sports betting market for the tribes in lieu of a Talbot Ross sovereignty proposal that the governor effectively blocked. But the tension between Mills and tribes has not subsided. When the Talbot Ross invited tribal chiefs to give a historic address to the Legislature in February, the governor did not attend, citing a scheduling conflict.
This year’s amended bill would not allow Maine tribes to prosecute certain serious crimes and hold that Maine law continues to trump federal statutes on gambling. Environmental laws are also left out of the bill, and it could be repealed in full if a court finds it ineffective.
Both the House and Senate approved the bill last week by two-thirds margins that will be needed again to override the governor’s veto. The Legislature is expected to return next week to try to pass an addition to the two-year budget and handle any vetoes.
Talbot Ross said Friday she “will work tirelessly” to override the governor’s veto. During an interview inside her office, Mills was defiant in her stance, saying she could “just stick my finger in the wind and see which way the wind is blowing” if she made decisions on politics alone.
“That would be irresponsible,” she said.
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