How Maine’s Forest Products Council emerged as a prime opponent of tribal sovereignty / by Evan Popp

Photo: A rally in support of tribal sovereignty at the Maine State House | Photo via Maine Center for Economic Policy

_{Originally published in the Maine Beacon on March 27, 2023}

The push to recognize Wabanaki tribal sovereignty has emerged as one of the most significant campaigns in Maine in recent years, touching on issues ranging from racial justice to environmental regulations and drawing widespread support across the state.

Lawmakers and tribal leaders will again be pushing forward that campaign this legislative session after a sovereignty bill passed the Maine House last year but ultimately died in the legislature amid opposition from Democratic Gov. Janet Mills.

If recent history repeats itself, tribal leaders and advocates can again expect pushback from a benign-sounding, yet influential organization: the Maine Forest Products Council. The trade industry group for the state’s forest economy, the Council states that it represents landowners, loggers, truckers, paper mills, tree farmers, foresters, lumber processors and more and is the voice for 30,000 “direct and indirect jobs in the forest management and wood manufacturing business.” Some of the state’s largest landowners, including the Canadian company J.D. Irving, are on the group’s board.

And while the organization lobbies on a variety of different bills, it has for years now placed a consistent emphasis on opposing legislation that would allow the Wabanaki to be treated like all other federally-recognized tribes in the U.S.

Opposition to tribal rights

Last year’s tribal sovereignty bill — LD 1626 — was introduced by now-Speaker of the House Rachel Talbot Ross (D-Portland) and supported by the Wabanaki and a wide swath of allies. That measure would have amended the 1980 Settlement Act tribes signed with the state of Maine that Wabanaki leaders say has stifled nations’ economic development and chipped away at their inherent sovereignty. Specifically, the bill would have strengthened tribal communities’ jurisdiction over their land and changed their current treatment as quasi municipalities within Maine to reflect their actual status as sovereign nations.

At a public hearing on the legislation in February of 2022, the bill received widespread support, with over 1,200 people submitting testimony on the measure, despite pointed opposition from the Mills administration.

Along with the governor, a handful of people and entities spoke out against the bill. One of those groups was the Maine Forest Products Council, which enlisted Timothy Woodcock, an attorney with Eaton Peabody, to deliver testimony on behalf of the organization against the measure. In his testimony, Woodcock expressed concern that the sovereignty legislation might result in stronger regulations.

“L.D. 1626 would enable the Tribes to impose environmental standards, equal in legal stature with that of the State, and very likely even stricter,” he wrote, arguing that the change would “bring great uncertainty to the environmental-regulatory framework that now governs Maine’s forest lands.”

It’s far from the only time the Forest Products Council has come out against sovereignty, as the group opposed another effort that lawmakers considered in 2020. Woodcock also delivered the Council’s testimony in opposition to that bill, claiming that the 2020 measure recognizing tribes’ sovereignty over their own lands would “place a cloud of uncertainty over our ability to replace lost woods markets and hamper our ability to attract modern, high-quality natural resource businesses to Maine.”

_{^{Maine Forest Products Council executive director Patrick Strauch delivers testimony before the legislature. | Maine Forest Products Council via Facebook}}

The 2020 legislation prompted the Forest Products Council’s executive director, Patrick Strauch, to also submit testimony against the measure. In his memo to lawmakers, Strauch claimed that the push for tribal sovereignty could “destabilize the regulatory landscape for Maine forest products facilities, landowners and rural communities.”

In addition to the state-based measures, the Forest Products Council has also testified against federal tribal rights legislation. Last year, Rep. Jared Golden, a Democrat, introduced an initiative that would have adjusted the 1980 Settlement Act to ensure that the Wabanaki were no longer excluded from federal laws that benefit other recognized tribes around the country. The effort was supported by the Wabanaki and a host of advocates but opposed once again by the Mills administration. Independent Sen. Angus King and Republican Sen. Susan Collins ultimately sank the bill, blocking it from being included in a congressional budget deal. Both Collins and King, who said in 2022 that he “love(s) the Maine Forest Products Council,” have spoken warmly about the group.

Along with King, Collins and Mills, the Forest Products Council opposed Golden’s bill. In March 2022 testimony before the Committee on Natural Resources and Subcommittee on Indigenous People of the United States, Strauch said the measure would result in the tribes having too much authority over their own territory.

Golden’s bill, Strauch said, would pave the way for new laws that would “provide the Tribes with significant regulatory and other authority over their far-flung holdings.” He added that “this would introduce great uncertainty into our ability to manage our lands.”

‘It’s none of their business what we do on our lands’

To Barry Dana, former chief of the Penobscot Nation, comments such as the ones by Strauch miss the point. Dana argued that tribes should be the ones calling the shots on their own territory.

“It’s none of their … business what we do on our lands,” he said of the Forest Products Council.

Dana added that one reason for the conflict between tribes in Maine and the forest products industry is that the entities don’t necessarily have the same goals.

“Our regulations are fairly strict,” he said of Indigenous nations’ environmental standards. “We want the forest to be healthy, not the forest products industry. You don’t have an industry if you don’t have a forest.”

In a historic speech earlier this month in which Wabanaki leaders addressed both chambers of the legislature, current Penobscot Nation Chief Kirk Francis made a similar point.

“We are not opposed to development, but believe in responsible and sustainable development. These lands and natural resources have to last us and other Maine people forever. We cannot ruin them for profits today but need to responsibly manage them so they can benefit us all for generations to come,” he said, noting that the Penobscot Nation holds over 100,000 acres, two-thirds of which is managed for forestry.

Francis added that the Wabanaki are “capable of self-governance and should be treated as partners rather than threats to the future of the state.”

In a statement to Beacon in response to questions about the group’s opposition to tribal sovereignty, Strauch said the Forest Products Council “values its long working relationship with the tribes in the management of Maine’s forest resources” and stated that the organization hopes for an environment of collaboration on the upcoming sovereignty bill. But Strauch still expressed qualms with the push to reform the Settlement Act.

“Our concerns [about tribal sovereignty legislation] have been communicated in a meeting with tribal representatives, and we have been clear that our issue is about the treatment of shared natural resources and what type of regulatory regime would need to be in place as resources (air, water, wildlife) travel from one landowner to the next,” he said.

_{^{Kirk Francis, chief of the Penobscot Nation, speaks at a tribal sovereignty event earlier this year. | Photo: Rafael Macias, Beacon}}

However, former state Rep. Jeffrey Evangelos, an independent from Friendship and a supporter of tribal sovereignty, panned the Forest Products Council’s stance on the issue. Evangelos, who served as a member of the legislative committee that oversaw the tribal sovereignty legislation last year, noted that the Council and the industry as a whole have been persistent and influential in their opposition to that campaign.

“This lobbying consortium holds enormous power in the state, with most Republicans and many conservative/moderate Democrats fearful of any consequences of supporting full sovereignty and opposing the interests of the large timber and paper companies, in the irrational fear that tribal environmental oversight, which is exemplary, would harm the [forest products] industry,” Evangelos said in an email to Beacon.

One example of how the forest products industry may be seeking to exert influence when it comes to tribal sovereignty and other issues is through political donations. For instance, during the 2022 election cycle, the Maine Forest Legacy PAC made a series of contributions to both major political parties. The Forest Legacy PAC is not explicitly tied to the Forest Products Council, but appears to be at least connected to the entity in some way, as the PAC’s treasurer, Krysta West, serves as the Council’s deputy director.

In 2022, the Forest Legacy PAC donated $4,000 to Maine Republicans’ Senate campaign PAC and gave $2,000 to the party’s House campaign PAC. Republicans have generally been more opposed to tribal sovereignty legislation than Democrats. Still, the Forest Legacy PAC also gave some money — although a lesser amount — to Democrats, contributing $1,750 to the party’s House and Senate PACs. The Forest Legacy PAC also gave Mills and her 2022 opponent, former Gov. Paul LePage — both of whom oppose tribal sovereignty — $1,725 each.

Mills’ office did not respond to a request for comment about whether or not the Forest Products Council’s stance on tribal sovereignty has influenced her thinking on the issue.

Despite such contributions to politicians and the Forest Products Council’s stated opposition to tribal sovereignty, the industry is not a monolith on the issue. For example, the Baskahegan Company — a woodlands management group that has been a member of the Forest Products Council since the 1980s — is a vocal supporter of tribal sovereignty, submitting testimony in favor of LD 1626 last session.

John Manganello, president and CEO of the company, told Beacon in an email that “not supporting tribal sovereignty is, at best, passive acceptance for continued oppression.”

Manganello, who said he is aware of the Council’s opposition to tribal sovereignty, added that Baskahegan will continue to support Wabanaki efforts to reform the Settlement Act.

Long history of disputes between forest products industry and tribes

Some context for the Forest Products Council’s opposition to tribal sovereignty can be found in interactions and battles between the Wabanaki and the industry, and those connected with it, going back decades. For example, Woodcock — the lawyer who has frequently testified on behalf of the Forest Products Council against sovereignty legislation — noted in his remarks to lawmakers in 2020 that he was actually involved in revisions made to the 1980 Settlement Act, the legislation that tribes are seeking to reform.

In a memo to lawmakers, Woodcock wrote that he was the Minority Staff Counsel for the Senate Select Committee on Indian Affairs in 1980, appointed to the position by Maine Republican Sen. William Cohen. Woodcock stated that he was “deeply involved in the post-hearing discussions of problems with the [Settlement Act] as well as revisions that were made to address those problems.”

In that testimony, Woodcock presented the Settlement Act as a fair agreement between the tribes in the state. However, as documented by a memo from former Maine Attorney General Richard Cohen, it’s likely the state knew it was getting the better deal.

“The framework of laws and the Settlement Act is by far the most favorable state Indian jurisdictional relationship that exists anywhere in the United States,” then-AG Cohen wrote. “As a general rule, states have little authority to enforce state laws on Indian lands … The proposal before you not only avoids such a situation, but recovers for the state much of the jurisdiction over the existing reservations that it had lost.”

Another significant conflict between the tribes and the state has a Forest Products Council connection as well. In 2012, then-Maine Attorney General William Schneider issued an advisory opinion that the Penobscot River was subject to state statutes, not tribal law, prompting the Penobscot Nation to sue. The Penobscot Nation argued that they should have stewardship over their namesake river — given that they never ceded the territory to Maine — and therefore should be able to regulate activity on the waterway.

**_{Photo: Courtesy of Sunlight Media Collective via Facebook.}**

In a case seen as yet another front in the ongoing sovereignty dispute between Maine and the Wabanaki, the tribes suffered a legal defeat after the U.S. Supreme Court last year denied the Penobscot Nation’s appeal of a lower court decision against their argument.

While it doesn’t appear that the Forest Products Council itself took a stance in that case, a company on the group’s board — Verso Paper — acted as an intervener against the Penobscot Nation and their attempt to regain a portion of their territorial sovereignty.

Along with Verso Paper, other members of the forest products industry have tangled with the Wabanaki over issues related to water quality and land stewardship. For example, Great Northern Paper Company in 2001 sued the Penobscot Nation and Passamaquoddy Tribe for access to documents in a dispute over whether the state had the authority to regulate water resources on Indigenous land. Just a year before, that dispute resulted in leaders of the Penobscot Nation, Passamaquoddy Tribe at Pleasant Point and Passamaquoddy Tribe at Indian Township being sentenced with contempt of court for refusing requests to inspect tribal records.

Nickie Sekera, co-founder of the anti-privatization group Community Water Justice, said the Forest Products Council and other industry groups have repeatedly fought water quality regulations — often making the same arguments that they deploy in their campaign against tribal sovereignty.

“I think their argument is weak at best, if not standing on the wrong side of good law and recognizing [Wabanaki] sovereignty,” Sekera said.

Dana also said the opposition to higher tribal environmental standards from interests such as the forest products industry is flawed. He argued that when tribes implement enhanced environmental regulations — which sovereignty would likely give them a greater ability to do — the ripple effects of that action improve the lives of people beyond their borders.

“Anything the tribes can do to protect the forest, the animals, the ecology, the biology — Maine people benefit,” he said. “[It creates] cleaner air, cleaner water — a better, sustainable forest.”

_{Evan Popp studied journalism at Ithaca College and interned at the Progressive magazine, ThinkProgress and the Reporters Committee for Freedom of the Press. He then worked for the Santa Fe New Mexican newspaper before joining Beacon. Evan can be reached at evan@mainebeacon.com.}

Wabanaki Tribes make case for self-determination in historic address before legislature / By Dan Neumann

_{^{Penobscot Chief Kirk Francis addresses Maine lawmakers in the State of the Tribes.}}

_{Originally published in the Maine Beacon on March 16, 2023}

For the first time in state history, leaders of all the Wabanaki Nations addressed both chambers of the Maine State Legislature on Thursday. They called for recognition in law and policy of Wabanaki inherent sovereignty.

Underscoring a rift between the tribes and Gov. Janet Mills on the issue of tribal self-determination, the Democratic governor was not in attendance. In contrast, Congressman Jared Golden, a Democrat from Lewiston who sponsored federal legislation to give the tribes more rights, listened to the address from the floor of the Maine House.

“The blood sweat and tears of our ancestors run through this land and it will continue to do so for generations to come,” Penobscot Chief Kirk Francis said as part of a State of the Tribes address. “We are not going anywhere. All we want is for the state government to break decisively from the past and join the era of self-determination for tribal nations that has proven so successful throughout the rest of the country.”

“We are capable of self-governance and should be treated as partners rather than threats to the future of the state,” Francis added. “We want a relationship with the state government that is based on mutual trust, fidelity and respect.”

The tribal leaders’ remarks marked only the second time such an address was made to a full assembly of Maine lawmakers, the first being 2002. Thursday’s address was the first attended by leaders of all of the Wabanaki Nations in Maine — the Penobscot, Maliseet, Mi’kmaq and Passamaquoddy tribes at Sipayik and Indian Township.

Hundreds of supporters were in attendance at the Maine State House, many watching the address on televisions in spill-over rooms.

_{^{Supporters watch the State of the Tribes address in a spill-over room at the Maine State House. | Beacon}}

“We’re asking to be put on the same footing as the 570 federally recognized tribes across the country,” Mi’kmaq Chief Edward Peter Paul said. “Those tribes are subjected to federal Indian laws passed by Congress. We’re asking to be treated fairly.”

A multi-year legislative effort to overhaul the 1980 Maine Indian Claims Settlement Act, which was opposed by Mills and Attorney General Aaron Frey, passed both chambers before it died in the legislature’s budget-making committee last year. That legislation, pushed for by the tribes and their allies, would have altered tribal-state relations on matters from taxation to gambling to wildlife management by overhauling the Settlement Act, which has excluded the tribes from rights and protections created through federal law since its passage over 40 years ago.

Mills’ office told reporters before the address that she would not attend due to a scheduling conflict, though her office did not specify what that conflict was.

Mills has opposed the push for full recognition of Wabanaki sovereignty since taking office in 2019. As Maine’s former attorney general, Mills also opposed the tribes in court during some of the legal battles over tribal rights that led to the current stalemate.

Mills has brokered some compromises with the tribes in recent years, including signing her own bill, which allows tribes to run online sports betting markets, and another to address the water crisis at the Pleasant Point Passamaquoddy Reservation. But she has pushed back against adopting all 22 recommendations made by the Maine Indian Land Claims Task Force.

House Speaker Rachel Talbot Ross (D-Portland), the sponsor of the previous tribal sovereignty bill, has submitted new legislation this session, LR 1184, which would again attempt to implement the recommendations of the task force, though details have yet to be released. The bill is a top priority for the tribes this session.

“Our success is your success,” said Clarissa Sabattis, chief of the Houlton Band of Maliseet Indians. “As a result of this unchanging law, we have become outliers in Indian Country, economically underperforming when compared to tribes across the continental U.S.”

Sabattis was referring to a report by the Harvard Kennedy School released late last year that found that while economic growth in Indian Country has boomed since the start of genuine tribal self-government in the late 1980s, Wabanaki Nations have been left out of these benefits as a result of the Settlement Act.

“With that,” she added, “I’d like to say I look forward to our continued partnership and forging a new path forward that is not only better for our tribe, but is also better for this great state that we all call home.”

At the federal level, Golden sponsored a bill that would have allowed the Wabanaki access to all future federal legislation passed on behalf of tribes. That federal legislation, which Mills lobbied against, died in December when it was not included in a congressional budget deal due to opposition from Sen. Angus King, an independent, and Republican Sen. Susan Collins.

Golden received applause from state lawmakers when thanked by tribal leaders for sponsoring the legislation.

Rena Newell, chief of the Passamaquoddy reservation at Sipayik and the tribe’s former representative in the Maine House, expressed optimism about the tribes’ relationship with lawmakers.

“Over these past four years, the Wabanaki Nations and the legislature have seen growing momentum with respect to collaborative policymaking and relationship building,” she said. “Today is a sign that our momentum will only increase and, for this reason, I am excited for what the future holds for Wabanaki-state relations.”

Tribal leaders emphasized on Thursday that lawmakers have a chance to advance tribal sovereignty this year. To overcome a likely Mills’ veto, however, two-thirds of the legislature would have to favor the legislation, which means gaining Republican support will be a major part of the tribes’ strategy this session.

House Minority Leader Billy Bob Faulkingham, a Republican representing Winter Harbor, has expressed some support for tribal priorities. In January, Faulkingham traveled with Talbot Ross and House Majority Leader Maureen Terry (D-Gorham) to Indian Island in the Penobscot Nation to meet with tribal leaders.

Democratic leaders pledged to rectify the failures of past legislatures after the address.

“Symbolic gestures do not right decades, if not centuries, of wrong. They do not erase the ugly and deeply painful history regarding the state’s treatment of the Wabanaki Tribes, nor do they make up for the legacy of empty promises and their consequences,” Senate President Troy Jackson (D-Aroostook) said in a statement.

Talbot Ross echoed Jackson: “By no means does the State of the Tribes address forgive a shameful history of pain and tragedy, discrimination and injustice,” she said in a statement. “However, it can signify an enduring commitment to perform the critical work of reflection, understanding, and collaboration in order to continue to heal past wrongs and work towards a more just and equitable future.”

William Nicholas, chief of the Passamaquoddy reservation at Indian Township, closed his remarks on Thursday calling on lawmakers to come together to form a veto-proof majority.

“Almost every treaty made has been broken, modified or interpreted to benefit the state. We must come together to make some positive, inclusive change,” he said. “Limited sovereignty is not sovereignty. The opportunity to address the unfair treatment that Maine tribes have received since 1980 can be worked on and end with this legislative body of leaders.”

^{Dan Neumann studied journalism at Colorado State University before beginning his career as a community newspaper reporter in Denver. He reported on the Global North’s interventions in Africa, including documentaries on climate change, international asylum policy and U.S. militarization on the continent before returning to his home state of Illinois to teach community journalism on Chicago’s West Side. He now lives in Portland. Dan can be reached at dan@mainebeacon.com.}

Lawmakers learn how denying sovereignty has restricted tribes’ economic growth / by Dan Neumann

_{^{Supporters attend a rally in support of Wabanaki tribal sovereignty in 2022. | Beacon}}

_{Originally published in the Maine Beacon on March 9, 2023}

A researcher from Harvard Kennedy School presented data to the Maine State Legislature showing that the state’s restrictions on the Wabanaki Nations’ self-determination has hobbled the tribes’ economic development.

“[The Wabanki tribes] are far underperforming the average and, in fact, are at the bottom of the barrel economically,” Professor Joseph Kalt, head of the Harvard Project on American Indian Economic Development, said from the floor of the Maine House on Thursday. “The fact that they’re not only all doing relatively poorly but very close to the bottom is telling you something important.”

As Beacon previously reported, Kalt and a research team released a study in December that found that while economic growth in Indian Country has boomed since the start of genuine tribal self-government in the late 1980s, Wabanaki Nations have been left out of this progress.

Average per capita incomes among the 9,546 citizens of the Wabanaki Nations in Maine — Maliseet, Mi’kmaq, Passamaquoddy and Penobscot — has only increased by 9% since 1980, compared to 61% for members of the tribal reservations outside of Maine. The average Maine income grew 25% during the same period.

_{Harvard Kennedy School professor Joseph Kalt presents to the Maine State Legislature. | Beacon}

Kalt also said that employment numbers among all four Wabanaki Nations is only about one-quarter that of similarly sized tribes. And rates of child poverty are far higher among the Wabanki tribes. The average rate is 40.2% at Passamaquoddy’s Indian Township and 76.9% for children in Mi’kmaq Nation, while 15.1% for the rest of the state.

Kalt indicated that these disparities are largely the result of the restrictions of the Maine Indian Claims Settlement Act of 1980 (MICSA), which has excluded the tribes from rights and protections created through federal law since its passage over 40 years ago.

“What do each one of these tribes share?” Kalt asked lawmakers. “What they share is MICSA, which allows the state of Maine either actually or potentially to block the application of federal policies adopted since 1980, which is the era of self-government.”

Kalt’s research focused on the economic impacts of legislation that ushered in what tribal scholars call the “Self-Determination Era,” which began with the the 1975 passage of the Indian Self-Determination and Educational Assistance Act and continued with the 1989 signing of the Indian Gaming Regulatory Act, which freed tribal governments to decide to operate gaming enterprises within tribal nations.

While gaming played a significant role in the economic growth in tribal communities across the country over the last three decades, Kalt stressed that self-determination facilitated tribal expansion into diversified industries. That has been key to their economic development.

“It’s not just casinos,” he said. “It’s self governance that has resulted in diversified economies in Indian Country.”

Kalt further explained that if the 1980 Settlement Act were amended and the Wabanaki tribes rose to the national average, Maine could expect to see an increase of $320 million to the state’s GDP.

A multi-year legislative effort to overhaul the Settlement Act died in the legislature’s budget-making committee last year. The reforms, pushed for by the tribes and their allies, would have altered tribal-state relations on matters from taxation to gambling to wildlife management. Democratic Gov. Janet Mills opposed the legislation, as did Attorney General Aaron Frey, and instead passed a compromise that will allow the tribes exclusive control of online sports betting markets.

At the federal level, Democratic Rep. Jared Golden sponsored a bill that would have allowed the Wabanaki access to all future federal legislation passed on behalf of tribes. That legislation died in December when it was not included in a congressional budget deal due to opposition from Sen. Angus King, an independent, and Republican Sen. Susan Collins.

House Speaker Rachel Talbot Ross (D-Portland), the sponsor of the previous tribal sovereignty bill, has submitted new legislation this session, although it remains to be seen exactly what that measure will contain.

As the Wabanaki continue their campaign for self-determination, Kalt said that sovereignty has produced multiple benefits for tribes beyond the economic realm.

“What’s happening in these communities under self-government is they’re starting to see recovery of language, recovery of culture. What’s happening?” he asked lawmakers. “Well, everybody knows when you read about what causes suicide, it is a lack of a sense of agency. Your life seems out of your control. What self-determination and self-governance has done for tribes is start to turn things around. What self-determination restores is a sense of agency, a sense of control, and it produces more and more success stories.”

In a statement after the presentation, Maulian Dana, tribal ambassador for the Penobscot Nation and president of the Wabanaki Alliance, said Kalt offered persuasive evidence that policies encouraging tribal self-determination have been “an amazing success story” among tribal communities across the country, including many that are located in rural areas.

“Maine is the outlier, and, as Dr. Kalt showed lawmakers today, it’s due to the obstacles MICSA places on the Wabanaki Nations,” Dana said. “It doesn’t have to be that way. A better story than the one we’ve seen over the past 40 years is possible.”

_{Dan Neumann studied journalism at Colorado State University before beginning his career as a community newspaper reporter in Denver. He reported on the Global North’s interventions in Africa, including documentaries on climate change, international asylum policy and U.S. militarization on the continent before returning to his home state of Illinois to teach community journalism on Chicago’s West Side. He now lives in Portland. Dan can be reached at dan@mainebeacon.com.}

Maine tribal leaders denounce Sen. King for blocking Wabanaki sovereignty bill / by Lauren McCauley

_{^{U.S. Sen. Angus King (I-ME) walks in the US Capitol during a vote on 7 21, 2021 in Wash., DC. | A Moneymaker, Getty Images}}

_{Originally published in the Beacon n December 21, 2022}

Tribal leaders in Maine say they are “extremely disappointed” that, due to opposition from Sen. Angus King, the Advancing Equality for Wabanaki Nations Act was not included in the final congressional budget deal announced Tuesday.

The bill, which was sponsored by Rep. Jared Golden and co-sponsored by Rep. Chellie Pingree, would have adjusted the Maine Indian Claims Settlement Act of 1980, a jurisdictional arrangement between the tribes and the state that Indigenous leaders have long criticized for leaving the Wabanaki Nations with less authority over natural resources, gaming, taxation, criminal justice and economic development than 570 other federally recognized tribes.

Through the Settlement Act, federal laws that benefit other Indigenous nations around the country only apply to tribes in Maine if they are explicitly included by Congress. HR 6707 would change that going forward to include the Wabanaki in such laws.

“The Wabanaki Nations have never been closer to amending the poorly-designed and intentionally one-sided Maine Indian Claims Settlement Act and our inability to be included in this year-end legislation really stings,” said Chief Rena Newell of the Passamaquoddy Tribe at Sipayik.

“The fact that we have come this far and generated this much support from Mainers should serve as a stark reminder to those that oppose Wabanaki equality. We will not stop. We will keep fighting for a brighter future because all of Maine succeeds when the Wabanaki succeeds,” she added.

Earlier this month, a study published by the Harvard Kennedy School highlighted how the current arrangement with the tribes has significantly stifled their economic development, which has had a ripple effect throughout rural Maine.

“Perhaps no better economic development policy costing so little money could be implemented now in the State of Maine than removing the restrictive language of MICSA. Yet, Sen. King refuses to support it,” said Chief Clarissa Sabattis of the Houlton Band of Maliseet Indians.

Following the lead of Maine Gov. Janet Mills, who opposed the federal legislation in addition to a state bill that would have amended the Settlement Act, King said he has “serious concerns about the legislation in its current form and the unintended consequences it poses for the state of Maine,” according to a statement from his office.

King’s Communications Director Matthew Felling said the independent would work with the tribes on specific provisions within the more sweeping legislation. “Moving forward, he is committed to continuing to work with the Tribes on specific issues involving the application of federal tribal laws in Maine, such as the Stafford Act and the Indian Health Care Improvement Act — much like he did with the implementation of the Violence Against Women Act,” he said.

However, Penobscot Nation Chief Kirk Francis said the tribes had “directly conferred with Senator King as the legislation was being drafted and purposefully drafted the bill narrowly to address Senator King’s concerns.”

“It’s hard not to suspect that the senator’s opposition to the legislation is political in nature and not substantive,” Francis added. “The Wabanaki bill would have been a meaningful step towards modernizing an archaic settlement act, and it would have opened doors for much-needed economic opportunities for our tribal communities and rural Maine.”

Both Golden and Pingree expressed disappointment in King and Republican Sen. Susan Collins’ refusal to support the bill.

“I’m disappointed that this provision, which we passed in the House on a bipartisan basis, fell out of the omnibus spending bill during negotiations with the Senate,” Golden told the Press Herald on Tuesday. “This issue is not settled and I look forward to working with the tribes to make headway on this important issue.”

Pingree added, “We got it through the House, but the two Maine Senators don’t support it. It was attached when it came over from the House but they opposed its inclusion. This one we just couldn’t get agreement on.”

_{Correction: An earlier version of this story said Gov. Janet Mills had vetoed the Maine legislation. Rather, the bill died when it was not funded by the legislature’s Appropriations Committee.}

_{Lauren McCauley is Editor of Maine Beacon. Previously, she was a senior editor at Common Dreams covering national and international politics and progressive news. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times,and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk with her husband, two children, a dog and several chickens. Lauren can be reached at Lauren(at)mainebeacon.com.}

Harvard study: Restricting sovereignty has stifled Wabanaki economic development / by Dan Neumann

_{Originally published in the Maine Beacon on December 8, 2022}

A new report from Harvard University finds that the state of Maine’s unique control over the Wabanaki Nations has significantly stifled their economic development.

The report indicates that this is largely the result of the restrictions of the Maine Indian Claims Settlement Act of 1980, which limits the tribes’ ability to exercise self-governance over their own affairs.

The tribes are unique among the 574 federally-recognized tribes in the U.S. due to the Settlement Act, which has excluded the tribes from rights and protections created through federal law since its passage 40 years ago.

“Today, all four of the tribes in Maine — Maliseet, Mi’kmaq, Passamaquoddy, and Penobscot — are stark economic underperformers relative to the other tribes in the Lower 48 states,” reads the December 2022 research report authored by Joseph Kalt, Amy Besaw Medford and Jonathan Taylor for the Harvard Project on American Indian Economic Development.

Wabanaki economic growth not keeping up with other tribes

Graph in the report, “Economic and Social Impacts of Restrictions on the Applicability of Federal Indian Policies to the Wabanaki Nations in Maine” by the the Harvard Project on American Indian Economic Development.

Since 1989, the researchers found, the income for the average resident of a reservation outside of Maine has increased by more than 61%. But for members of the Wabanaki Nations, average per capita income has only increased by 9% during the same period, while the rest of Maine saw a 25% increase.

The researchers further found that the tribes are significantly underdeveloped economically compared to the rest of Maine.

Houlton band of Maliseet and Mi’kmaq Nation citizens have the lowest average annual per capita income of the Maine demographic studied at $11,320 and $11,431, respectively. Citizens of the Passamaquoddy Tribe’s two reservations, Indian Township and Pleasant Point, have annual incomes of $14,435 and $13,741. And Penobscot Nation citizens have the highest per capita income of the Wabanaki Nations at $18,809. Yet Maine’s per capita income is nearly double that at $34,593.

And while Maine’s five-year average child poverty rate is 15.1%, the rate is 40.2% at Passamaquoddy’s Indian Township and 76.9% for children in Mi’kmaq Nation.

A multi-year legislative effort to overhaul the 1980 Settlement Act died in the legislature’s budget-making committee earlier this year. The reforms, pushed for by the tribes and their allies, would have altered tribal-state relations on matters from taxation to gambling to wildlife management. Gov. Janet Mills opposed the legislation, as did Attorney General Aaron Frey, instead signing into a law a compromise that her office brokered that will allow the tribes exclusive control of online sports betting markets.

At the federal level, Democratic Rep. Jared Golden has sponsored legislation that would allow the Wabanaki access to all future federal legislation passed on behalf of tribes. Golden’s legislation has been opposed by members of the forest products industry.

Despite passing the U.S. House last summer, Golden’s bill appears to have stalled in the Senate, where Sen. Angus King, an independent who caucuses with Democrats, has said he opposes the bill. Republican Sen. Susan Collins said she has not taken a position on the measure.

The economic advantages of self-determination

The Harvard University researchers advocate for lifting the 1980 Settlement Act, arguing the economic growth associated with allowing the tribes to fully self-govern would spill over to surrounding communities and the state as a whole.

“The subjugation of the Wabanaki Nation’s self-governing capacities is blocking economic development to the detriment of both tribal and nontribal citizens, alike,” the report reads. “For the tribal citizens of Maine held down by [Settlement Act’s] restrictions, loosening or removing those restrictions offers them little in the way of downside risks and but much in the way of upside payoffs.”

The researchers further warn, “Against these upside prospects is a status quo in which all sides leave economic opportunities on the table and ongoing cycles of intergovernmental conflict, litigation, recrimination, and mistrust continue.”

The research focuses on the economic impacts of legislation that ushered in what tribal scholars call the “Self-Determination Era,” which began with the the 1975 passage of the Indian Self-Determination and Educational Assistance Act and continued with the 1989 signing of the Indian Gaming Regulatory Act, which freed tribal governments to decide to operate gaming enterprises within tribal nations.

While gaming played a significant role in the economic growth in tribal communities over the last three decades, the researchers stress that the broader benefits of self-determination, not just gaming rights, was a key factor in the economic development.

“By the end of the 1980s, economic development in Indian Country began to take root as tribes built enterprises in, for example, ski tourism, light Defense Department manufacturing, forestry and wildlife management, livestock and crop agriculture and gaming,” the researchers explained, noting that by 1999, 47% of Indigenous people residing on reservations lived on reservations whose tribe did not own and operate a casino.

“Nonetheless,” the report reads, “those reservations experienced inflation-adjusted per capita income growth nearly three-fold greater than the U.S. did as a whole, compared to the slightly greater than three times performance of tribes with casinos.”

The report concludes, “For the tribal citizens of Maine, loosening or removing [the Settlement Act’s] restrictions offers few downside risks and many upside payoffs. There’s nowhere to go but up.”

_{Photo: Mainers hold signs supporting Wabanaki sovereignty at the State House earlier this year during a legislative campaign to amend the Maine Indian Claims Settlement Act of 1980. | Beacon}

Maine News: Dems back progressive reforms in platform but protesters say party fell short on tribal rights / by Evan Popp

_{^{Top photo: Gov. Janet Mills outside the Maine Democratic Convention over the weekend | Photo via Maine Democrats on}}

Maine Democrats finalized their party platform at a convention over the weekend in Bangor, including some progressive policy principles such as the right to health care, housing, food and reproductive freedom but also drawing the ire of youth advocates who pointed out the party’s failure to pass a bill recognizing the sovereignty of the Wabanaki tribes this past legislative session.

The convention comes as Maine — and the rest of the country — is preparing for a pivotal midterm contest in November. Democratic Gov. Janet Mills will face a difficult reelection battle against conservative Trump supporter Paul LePage and U.S. Rep. Jared Golden will likely be up against Republican Bruce Poliquin in a race for Maine’s Second Congressional District.

Around the state, legislators will also face reelection in November. Progressives are hoping to gain ground in Augusta but Republicans have their sights set on breaking the Democratic stronghold in the State House.

Against that backdrop, Democrats gathered to set their policy agenda and listen to speeches from party leaders such as Mills, Golden, U.S. Rep Chellie Pingree, Maine House Speaker Ryan Fecteau and state Senate President Troy Jackson.

“So much of what we value so deeply is on the ballot,” Mills said in a speech at the convention, Spectrum News reported. “The right to affordable health care, including safe and legal abortion, the right to a great education for every child in Maine regardless of their ZIP code.”

“We won’t go back,” the governor said at multiple points.

Tribal sovereignty a point of contention

One of the most powerful moments of the event, however, took place outside the convention hall, where around two dozen youth leaders held a demonstration Saturday calling for Democrats in Maine to fully support recognizing the sovereignty of the Wabanaki tribes.

Specifically, the youth groups rallied around LD 1626, a bill the legislature considered this session that would have ensured that tribes in Maine are treated like other federally-recognized Indigenous nations around the country. Advocates wrote chalk messages in support of Wabanaki rights and talked with elected officials who were headed into the convention about the importance of the measure.

Despite receiving massive grassroots support, that bill was opposed by Mills throughout the legislative process. And although almost every Democrat in the legislature supported the bill during initial votes, they failed to advance the measure to the governor’s desk after she applied pressure on lawmakers to kill it, likely hoping to avoid a high-profile veto of a bill widely supported by the party’s base.

“Democratic leaders did not respect the tribes nor represent future generations when making the decision to kill LD 1626. We were watching, and we see you,” over 20 youth leaders at the protest said in a joint statement.

In an interview, youth community organizer Luke Sekera-Flanders said young people were there to bring attention and accountability to the death of the tribal sovereignty bill in the Democratic-led legislature and to ask the party to stand in solidarity with the Wabanaki and do everything it can to support Indigenous rights going forward.

“Respecting the inherent sovereign rights of the Wabanaki nations is on the current party platform. LD 1626 was a key step, it was really the only measure to fully recognize tribal sovereignty put forward this session and [Democrats] did not support that as strongly as they could have,” Sekera-Flanders said.

Youth activists outside the Maine Democratic convention on Saturday pushing for tribal sovereignty | Sunlight Media Collective

The party platform approved over the weekend states “we must recognize, honor, and uphold the sovereignty and self-governance of all tribes in Maine.”

Democrats in the State House did work with tribes to make some progress this legislative session, approving a bill to address the water crisis at the Pleasant Point Passamaquoddy Reservation and a measure to allow tribes to run online sports betting markets. But Wabanaki leaders don’t view either of those bills as a full recognition of their sovereignty.

Saturday’s protest outside the convention drew significant attention, as Sekera-Flanders said convention security personnel washed away chalk messages supporting tribal sovereignty. He added that someone inside the hall called the police about the messages and about the protest and young people’s efforts to engage with legislators around LD 1626. He noted the irony of the authorities being notified, given that Republican U.S. Sen. Susan Collins was recently widely mocked for calling police about a chalk message in front of her home in support of abortion rights. Sekera-Flanders said he doesn’t know who specifically within the convention complained to the police.

On Monday, a Maine Democratic Party official told Beacon the party itself did not call the police on the youth activists.

The fate of the sovereignty bill is just one frustration some advocates have with Mills, a conservative Democrat who has vetoed a number of progressive bills, including on issues related to workers rights, public electricity and criminal justice reform.

Still, Mills and Democrats will hope to gain significant support from left-leaning voters in the upcoming election and have repeatedly drawn attention to LePage’s disastrous legacy as governor, during which he made a series of racist comments, slashed the social safety net, ignored dangerous environmental problems and opposed policies to stop harmful treatment of LGBTQ Mainers.

At their convention earlier this month, the Maine GOP doubled down on extreme right-wing policies, such as proclaiming marriage as between only a man and a woman (an unpopular stance with the majority of Mainers), curbing abortion rights, anti-union policies, anti-immigrant proposals, and policies that would make it harder for certain people to vote.

Dems’ platform seeks to protect basic rights under attack

The Maine Democratic Party platform approved at the convention is vastly different from its GOP counterpart. For example, in the wake of a draft Supreme Court opinion taking aim at Roe v. Wade, Maine Democrats reiterated their support of bodily autonomy and reproductive health care.

The platform also includes support for LGBTQ rights, a direct contrast to the stance of the Maine Republican Party and the legacy of LePage, who vetoed a bill to ban conversion therapy that was later signed by Mills.

In addition, Democrats call for adequate health care, housing, education and food for all and argue it is a “moral failure in such a rich and powerful nation that many people do not enjoy such basic human rights.”

In many areas, the platform does not put forward specific policy prescriptions for solving political issues, instead relying on value statements. The platform is non-binding, although it does provide a glimpse into what issues are important to the party.

Maine Democrats also say in their platform that they support equal pay for equal work, a living wage, paid vacation and family and medical leave, and the right to unionize. In addition, they state that too much wealth has been concentrated in the hands of the few and argue for progressive taxation as a remedy. Such values haven’t yet resulted in legislative action, though, as Democrats have had full control in Augusta since 2019 but haven’t reversed LePage-era tax cuts favoring the wealthy and corporations. Mills during her first gubernatorial campaign pledged not to raise taxes, complicating the path for progressive revenue bills in the legislature.

Along with economic rights, the platform spells out the imperative to address the climate crisis, with the party stating that without bold action, “none of our visions for a better world will be achievable.” Environmental policies put forward in the document include reducing greenhouse gas emissions through a rapid shift to green technology and increases in energy efficiency.

The platform also includes support for full funding of public education and “an honest treatment of all subjects, with a curriculum guided by educators, not corrupted by political agendas rooted in prejudice or unhinged from reality,” likely a reference to efforts by conservatives, including the Maine GOP, to censor certain forms of education, such as teachings about race and sex ed.

Criminal justice reform is mentioned in the document as well, with the party stating that the War on Drugs has had racist, unjust consequences and that reforms to the system must emphasize rehabilitation and evidence-based alternatives to incarceration for those with mental health issues and substance use disorder. That section, however, is one of several in which the platform contains differences with Mills’ view. The governor is a former prosecutor who has blocked or opposed a series of criminal justice reforms.

In addition, the Press Herald reported that some specific progressive criminal justice reform measures, such as decriminalizing drugs and sex work and ending mass incarceration and cash bail, were put forward as proposed amendments but not included in the platform. A proposal to support the campaign to replace Central Maine Power and Versant with a consumer-owned utility also failed. Mills has opposed the push for a consumer-owned utility.

The Democratic platform also expresses concern about the increasing hostility toward democracy exhibited by many, such as those in the Republican Party who have trumpeted former President Donald Trump’s big lie that the 2020 election was stolen and have failed to condemn the attempted January 6 insurrection at the U.S. Capitol.

“American Democracy faces an existential threat. The values and rights espoused in the U.S. Constitution are under attack,” the platform reads. “Maine Democrats are pledged to protect them and to ensure they endure.”

_{Originally published in the Maine Beacon, May 17, 2022, https://mainebeacon.com/}

Maine News: Wabanaki vow to continue larger sovereignty push amid Mills’ opposition to historic bill / Evan Popp

_{Supporters of tribal sovereignty at the State House last month | Via Wabanaki Alliance}

After opposition from Gov. Janet Mills halted progress on a bill that would reinforce Wabanaki sovereignty and reset a relationship with the state that the tribes argue is fraught with paternalism, Wabanaki leaders say they will continue the push to be treated like other federally recognized tribes but recognize that the fate of their effort stands with governor and legislature.

A statement from Wabanaki leaders was released Wednesday morning on LD 1626, one of the highest-profile bills of the 2022 legislative session. As Beacon previously reported, the bill would alter the Maine Indian Claims Settlement Act of 1980 to reinforce Wabanaki sovereignty by strengthening tribal communities’ criminal jurisdiction and recognizing the rights of tribes to regulate hunting, fishing and natural resource and land use on their territory.

“We are going to continue to push for our sovereignty regardless of the outcome on L.D. 1626, and we acknowledge that this process now rests with state government and is out of our hands,” the statement from the tribes said. “Our ancestors made sacrifices so we could be here today, and it is our sacred duty to continue to press for full restoration and recognition of Wabanaki sovereignty. We look forward to continuing this work with all of our partners and allies.”

Mainers from across the state have lined up en masse behind LD 1626, with over 1,500 people testifying in favor of the bill in February during a public hearing. The measure was then passed by the legislature with strong majorities in both chambers. However, Mills opposes the effort to reinforce Wabanaki sovereignty, making her one of only a few Democratic officials in the state to argue publicly against the measure.

Likely hoping to avoid a high-profile veto sure to infuriate her base in an election year, Mills applied pressure on the legislature to kill the measure and not send it to her desk. Because it had a fiscal impact on the state budget, LD 1626 needed to be funded by the legislature’s powerful — and some say anti-democratic — budget-making panel, the Appropriations and Financial Affairs Committee (AFA). In response to the governor’s concerns with the language of the bill, the legislature declined to include the historic sovereignty measure in the bills funded with leftover budget money.

There may still be a chance for AFA committee members or lawmakers to take the tribal sovereignty bill off the “Special Appropriations Table” and amend it or fund it by other means when the legislature reconvenes on May 9 to vote on bills vetoed by the governor. However, it’s unclear if that will happen.

AFA chairs Sen. Cathy Breen (D-Cumberland) and Rep. Teresa Pierce (D-Falmouth) did not respond to a request for comment from Beacon.

On Monday evening, the sponsor of LD 1626, House Assistant Majority Leader Rachel Talbot Ross (D-Portland), said she hopes there is still a legislative path to fund her bill. “After all these years, we’re still hoping it still has some life,” she told Beacon.

But lawmakers took no further action on the bill during the last regular day of the session Monday, meaning it currently remains with the legislature.

‘More work to be done’

In the statement Wednesday, the tribes made clear that reinforcing their permanent sovereignty as Indigenous Nations — and changing a system that currently treats them as municipality-like entities — is still a top legislative priority. They noted that the Settlement Act must be amended, as it has resulted in “decades of social and economic injustice for the Wabanaki people and has also harmed the surrounding rural communities because our Nations have been prevented from fully accessing federal dollars to support critical social and health services.”

However, Wabanaki leaders said it’s unlikely that the sovereignty bill has enough votes in the legislature to overcome Mills’ opposition.

“We are disappointed that the Governor and Attorney General’s office continue to have concerns about the provisions of L.D. 1626,” they said. “But, in talking with the Democratic legislative leaders and looking to the vote count for L.D. 1626, it is clear that there are not enough votes in the 130th Legislature to override a veto. So, while we have made significant and concrete progress in moving the needle, there is still more work to be done.”

Supporters of tribal sovereignty at the State House | Beacon

In their statement, the tribal chiefs asked the wide-ranging coalition in support of LD 1626, along with the lawmakers who have pushed for the bill, to continue working with them on sovereignty efforts. The leaders added that more work to educate people around the state about the benefits of the bill — both for Indigenous nations and surrounding communities — is essential. In particular, such education is needed for “local municipalities and the forest products industry, who continue to misunderstand how tribal sovereignty can be the rising tide that lifts the economies and overall socio-economic wellbeing of our neighbors in rural Maine,” the Wabanaki said.

The statement also acknowledged that two other bills the tribes have advocated for, LD 906 and LD 585, reached Mills’ desk this session. LD 906, a bill to address the unsafe and deteriorating water system at the Pleasant Point Passamaquoddy Reservation, was signed by Mills last week.

LD 585 — which seeks to facilitate better tribal-state relations, implement tax benefits on tribal land and legalize and establish a regulatory framework for sports wagering on Wabanaki territory — has passed the legislature and is currently before Mills for consideration. That bill is a compromise between the governor and the tribes.

The Wabanaki in their statement noted the importance of both LD 906 and LD 585 and said they appreciated Mills’ support for the measures. However, they also made clear that neither of those bills represents the much-needed sovereignty that would be recognized through LD 1626.

Mills has not signed LD 585 yet but has said that she will. However, the governor appears to have been playing LD 585 and the larger sovereignty bill off one another in negotiations with the tribes. The Bangor Daily News reported last week that Mills’ top lawyer informed the tribes that LD 585, the governor’s own compromise proposal, would be vetoed if the larger sovereignty bill was advanced.

Mills seeks to avoid a ‘confrontation’

While the governor has brokered some compromises with the tribes over the years, Mills has opposed the push for recognition of Wabanaki sovereignty since taking office in 2019. In addition, as Maine’s former attorney general, she opposed the Wabanaki in court during some of the legal battles over tribal rights that led to the current stalemate.

While the governor has frequently shown willingness to use her authority to kill progressive priorities, she has appeared desperate to save face during the current fight over tribal sovereignty and avoid a veto of LD 1626 that would likely draw widespread condemnation for refusing to sign what amounts to a basic reinforcement of rights common to tribes around the country. Mills is up for reelection in November.

“I do not wish to have a confrontation over LD 1626,” the governor wrote in a letter to tribal and legislative leaders last week in which she argued — without citing concrete evidence — that LD 1626 would lead to a wave of litigation and increased divisions in the state. “It would serve no constructive purpose and only inflame emotions on all sides of the discussion, while likely harming the positive and constructive relationship we have worked so hard to build. To help us continue to move forward, I ask that LD 1626 remain with the legislature and that LD 585 be enacted into law while we continue our work together on areas of mutual concern.”

Earlier this week, however, Republicans tried to force the legislature’s hand and put the onus to make a decision back on Mills by attempting to remove LD 1626 from the Special Appropriations Table in a move that would have allowed the bill to be considered again by lawmakers. However, the Democratic majority in the Maine Senate voted 16-13 to table the bill. Sens. Chloe Maxmin of Lincoln County and Ben Chipman of Cumberland County were the only Democrats to oppose delaying action on the measure.

“I don’t want it to die on the table, because it’s only $44,000,” Maxmin said of the bill, referring to its fiscal note.

_{Maine Beacon, April 27, 2022, https://mainebeacon.com/}

Maine News: Advocates rally for tribal sovereignty as Mills signals opposition to long-sought reform / by Evan Popp

Around 100 people rallied in front of the State House on Wednesday to celebrate the progress that has been made this legislative session on recognizing the inherent sovereignty of the Wabanaki and to call on Gov. Janet Mills to sign multiple bills that would ensure the tribes are treated like other Indigenous nations around the country.

The event featured speeches from members of the Wabanaki and lawmakers supportive of tribal sovereignty along with songs and dancing and a group of Indigenous people in a circle drumming together.

Wednesday’s rally comes as the Wabanaki have secured big victories in the Maine Legislature on bills to reinforce their sovereignty. However, challenges lie ahead, as Mills has signaled that she may veto the most sweeping of those measures, LD 1626, which would reset a relationship with the state that Indigenous leaders have long argued is fraught with paternalism and unfair treatment.

“It’s up to her — she has an opportunity to change her mind and be a decent person,” said Darrell Newell, vice chief of the Passamaquoddy Tribe at Indian Township, of Mills. He added, “We hope the governor will sign [these bills] into law. Maine will be a better place for it.”

Significant victories for Wabanaki

LD 1626, which would provide the Wabanaki with rights similar to those enjoyed by other tribes around the country, passed the legislature last week and is now awaiting funding approval from the Appropriations and Financial Affairs Committee before being sent to Mills’ desk. The bill would alter the Maine Indian Claims Settlement Act of 1980 to strengthen tribal communities’ criminal jurisdiction, recognize the rights of tribes to regulate hunting and fishing on their lands, and affirm the Wabanaki’s right to regulate natural resources and land use on their territory. Despite an unprecedented level of support for the bill, Mills has threatened to veto the legislation.

Another priority bill that has passed the legislature this session is LD 906, a measure to address the unsafe and deteriorating water system at the Pleasant Point Passamaquoddy Reservation, known as Sipayik. Lawmakers passed that bill last week with strong bipartisan support.

The measure was then recalled from Mills’ desk and an amendment was approved by both chambers that says the Passamaquoddy Tribe’s jurisdiction when it comes to drinking water does not extend beyond its territory and that the tribe can’t exercise jurisdiction over nonprofit public municipal corporations in enforcing ordinances related to drinking water. The bill was passed by both chambers and is now before Mills for consideration.

A sign at the rally Wednesday | Beacon

A third bill, LD 585, seeks to facilitate better tribal-state relations, implement tax benefits on tribal land and legalize and establish a regulatory framework for sports wagering on Wabanaki territory. An amendment to the bill approved by the House and Senate clarified “any licensed casino is eligible to receive a facility sports wagering license” but that a commercial track in Bangor is not eligible. LD 585 is a compromise between Mills and the tribes. However, while supportive of the bill, the Wabanaki do not view it as a substitute for the sovereignty provided by LD 1626 and LD 906.

Like LD 1626, LD 585 has also been passed by both chambers and is awaiting funding approval from the Appropriations and Financial Affairs Committee (AFA) before being sent to Mills’ desk. Lawmakers and proponents of tribal sovereignty expressed concern about the status of LD 1626 and LD 585 early Wednesday afternoon. With the legislature set to adjourn after Wednesday, advocates feared those bills could die before getting to Mills’ desk if there wasn’t enough time for AFA to approve funding for them. However, later Wednesday, both the House and the Senate passed an order to extend the legislative session, providing more time for the bills to be approved by AFA and sent to Mills.

‘Unprecedented support for tribal sovereignty’

The rally Wednesday featured a large number of speakers, including Passamaquody language and cultural teacher Dwayne Tomah, who noted the avalanche of support that the tribal sovereignty bills have received. Both LD 1626 and LD 906 had marathon public hearings, with a litany of people speaking in support of the bills. Over 1,500 people testified in favor of LD 1626 alone. Tomah also noted that many legislators have lined up behind the tribal sovereignty bills.

“Historically, this is unprecedented,” Tomah said. “It’s unprecedented the amount of support that we’re receiving from this building and also the amount of support we are receiving from the people of Maine. The people of Maine, their voices are being heard. This is a long time coming historically.”

Multiple lawmakers also spoke at the rally. Rep. Thom Harnett (D-Gardiner) called on Mills to sign the tribal sovereignty measures, saying it is a matter of fairness and justice.

“The time for words is over. It’s action that we need right now. It is all the words you have given us that resulted in these bills being put on the governor’s desk and the action we need is for them to be signed,” Harnett said.

As Beacon previously reported, Mills, a Democrat, has used her veto authority to nix several legislative priorities popular within her party, including an attempt to close Long Creek youth prison and a bill that would have allowed voters to weigh in on replacing Maine’s two major investor-owned electric utilities, Central Maine Power and Versant, with a consumer-owned utility. Earlier this year, Mills drew national headlines for vetoing a bill that would have allowed farmworkers to unionize.

If LD 1626 is indeed vetoed, Sen. Rick Bennett, a Republican from Oxford County, said he hopes the legislature will override the governor, arguing that government must create laws that are right and morally just.

“I want to express my hope, my sincere hope, particularly to the members of my own party who have opposed the initiative, that they will reconsider,” Bennett said.

Still, regardless of the ultimate outcome, Ernie Neptune, vice chief of the Passamaquoddy Tribe at Sipayik, said getting the tribal sovereignty legislation passed through the legislature has been heartening and shows the power of persistence.

“This legislative session has been monumental with regards to our sovereignty,” he said, adding “My brothers and sister: never give up. It is worth every bit of effort to fight for what you believe are your inherent rights.”

_{Photo: Supporters of tribal sovereignty at the State House rally Wednesday | Beacon}

_{Beacon, April 21, 2022, https://mainebeacon.com/}

Maine News: Tribal sovereignty, housing, environmental bills among big votes taken in Augusta this week / by Evan Popp

The Maine Legislature voted on a number of important issues this week, ranging from high-profile tribal sovereignty measures to bills related to economic justice, health care, housing and the environment. Here’s a rundown of some of the recent decisions made in Augusta.

Tribal sovereignty

The legislature this week took up multiple measures designed to reinforce the inherent sovereignty of the Wabanaki in what has been a multi-year campaign by Indigenous nations in Maine to be treated like all other tribes around the country.

On Thursday, the House approved a bill that would alter the Maine Indian Claims Settlement Act of 1980. The bill, LD 1626, would change the Settlement Act to create “an enhanced process for tribal-state collaboration and consultation as well as a process for alternative dispute resolution.” Other aspects of the legislation include strengthening tribal communities’ criminal jurisdiction, recognizing the rights of tribes to regulate hunting and fishing on their lands, and affirming the Wabanaki’s right to regulate natural resources and land use on their territory. The vote was 81-55 in favor of the bill.

Also this week, the legislature approved another tribal sovereignty bill, LD 906. That bill would address the unsafe and deteriorating water system at the Pleasant Point Passamaquoddy Reservation, known as Sipayik, where dangerous levels of toxic chemicals have been found. Along with LD 1626, Gov. Janet Mills has expressed skepticism about the water legislation. But given the bipartisan support LD 906 received in both the House and the Senate, advocates have a chance to overcome a potential veto from the governor. The bill now goes to Mills for consideration.

Juniper Ridge

Lawmakers this week sent a bill to Mills designed to close a loophole in Maine law that has allowed Juniper Ridge landfill to become a dumping ground for waste from surrounding states.

As Beacon previously reported, about 90% of the waste sent to a processing facility in Lewiston that ends up in Juniper Ridge is from out of state. The amount of waste going into Juniper Ridge is increasing every year, the coalition noted earlier this year, filling 32% faster than anticipated. A continuation of that would mean additional expansions of the landfill, which environmental advocates have argued would lead to increased pollution.

The bill to address the issue, LD 1639, was approved with strong bipartisan votes in both the House and the Senate.

Housing

The legislature took action on several housing bills this week. On Thursday, the House passed on a 78-51 vote a bill aimed at reforming zoning laws and cutting red tape to allow for development of affordable units. The Senate then approved the bill April 15 on a 20-13 vote.

That bill, LD 2003, sponsored by House Speaker Ryan Fecteau (D-Biddeford), was originally larger in scope. However, it was scaled back last month amid opposition from some groups. While advocates still support the bill and view it as a step forward, they argued the changes made to the measure represent a missed opportunity for a more ambitious effort to address the affordable housing crisis.

It was a similar story with LD 1673, another affordable housing bill that was scaled back in the face of opposition. That bill cleared final votes in both the House and the Senate this week and was placed on the Appropriations Table for funding consideration. Originally designed to set affordable housing goals in each municipality, the measure was significantly amended to include non-binding goals and reduce the scope of communities covered by such goals.

PFAS

The House gave its final approval this week for a bill, LD 2019, that would prohibit a person from distributing a pesticide contaminated with perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, which have been linked to a wide variety of harmful health impacts. The bill also bans the distribution of pesticides that contain intentionally added PFAS beginning in 2030.

The measure also adds “any substance or mixture of substances intended to be used as a spray adjuvant” to the definition of pesticide.

The Senate also gave initial approval to the bill this week. The measure still faces a final vote in the chamber.

In addition, the House this week approved another PFAS-related bill. LD 1911 would authorize the Department of Environmental Protection to “require a person licensed to discharge wastewater to sample the effluent discharged for perfluoroalkyl and polyfluoroalkyl substances and to report the sample data to the department,” among other provisions. The bill was then approved by the Senate on a bipartisan vote.

Criminal justice

The Senate this week officially killed a bill that would have established certain motor vehicle-related violations as secondary offenses. The measure, LD 1479, sponsored by Rep. Victoria Morales (D-South Portland), sought to make such offenses enforceable only if an officer had detained a driver for the suspected violation of another law.

Offenses that would have been classified as secondary by the bill include operating a vehicle after suspension for not paying a fine, not registering a vehicle if the registration has been expired for less than 150 days, and hanging an object from the rearview mirror, among other similar violations.

Supporters of the legislation added that the measure was meant to address discrimination in who is stopped, with myriad lawmakers in the House saying drivers of color are often pulled over more than white drivers. Still, the Senate voted the bill down 27-3, with only Cumberland County Democratic Sens. Ben Chipman, Anne Carney and Heather Sanborn voting for the measure. That result came after the House voted against the bill last week.

The Senate also took action this week on a bill dealing with the issue of solitary confinement in Maine. The bill, which the House passed to define the practice as confinement in a cell for over 22 hours in a day, was then amended in the Senate this week to simply remove the term solitary confinement from statute in a move that advocates said would obscure how the practice is used in Maine prisons and jails.

On Thursday, however, the House voted to reject the Senate’s amendment and instead passed its own amendment to the bill, sponsored by Rep. Grayson Lookner (D-Portland), that would require prisons and jails to send a report to the Maine Department of Corrections if a person is held in isolation for more than 22 hours in a day.

Economic justice

The House and Senate this week passed a bill to direct the Department of Administrative and Financial Services to study the impact on the state of adopting “a corporate income tax system that requires worldwide combined reporting for income tax purposes.” The report on the issue would be due by February 1.

The measure, LD 428, is an effort to start the process of eventually closing a loophole used by multinational corporations to avoid paying taxes in Maine. It will now go to Mills for consideration.

The House this week also gave initial approval to a bill designed to improve labor standards on renewable energy projects. The bill, LD 1969, sets standards for pre-apprenticeship training programs by the Maine Apprenticeship Program, including the payment of “meaningful stipends” to participants.

The measure also requires that renewable energy projects of a certain size pay construction workers “the prevailing rate for wages and benefits,” among other stipulations. The bill was passed Wednesday by the House 81-57 and now moves to the Senate.

Health care

The Senate gave final approval Monday on a bill to close a loophole that has let insurance companies deny no-copay coverage of birth control. The measure, LD 1954, sponsored by Senate President Troy Jackson (D-Aroostook), mandates insurance coverage of all birth control methods approved by the FDA.

The legislation was passed unanimously in the Senate, sending the bill to Mills for consideration.

In another unanimous vote in the Senate on Monday, the chamber sent to Mills a bill that would require the Maine Health Data Organization to document the 100 most expensive prescription drugs and the 100 most frequently prescribed drugs each year. LD 1636 also mandates the organization to determine the potential savings from subjecting such prescription drugs to a “referenced rate,” defining that rate as “the lowest cost from official publications of certain Canadian provincial government agencies and the wholesale acquisition cost.”

Climate

The House gave approval this week to a bill, LD 2018, that would ensure the incorporation of “equity considerations in decision making” at the Department of Environmental Protection, the Public Utilities Commission and other state agencies.

The measure also requires the Department of Environmental Protection to adopt rules so that “environmental justice populations and frontline communities are provided with fair and equitable access to the department’s decision-making processes.”

The bill was then passed by the Senate and given final approval by the House. It now returns to the Senate.

This story was updated April 15 to reflect the Senate vote on LD 2003.

_{Photo: The Maine State House | Beacon}

_{Beacon, April 15, 2022, https://mainebeacon.com/}