Maine bipartisan legislation would allow Native Americans to benefit from federal laws despite land settlement

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New legislation would allow Native Americans in Maine to benefit from federal laws despite terms of a land claims settlement, providing help to Wabanaki tribes while stopping short of full sovereignty that they've long sought.

The bipartisan proposal introduced by Democratic House Speaker Rachel Talbot Ross forbids the tribes from operating casinos without state permission, removing a potential stumbling block to passage.

"With this bill, we have the opportunity to right this wrong," Talbot Ross said in a statement, noting that the bill is a step toward full sovereignty sought by tribes.

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Tribes in the state are governed by the Maine Indian Claims Settlement Act of 1980 that stipulates they’re bound by state law, treating reservations much like municipalities, and setting them apart from the other 570 federally recognized tribes.

The new bill, which mirrors a previous proposal by U.S. Rep. Jared Golden, D-Maine, in Congress, wouldn't change the 1980 settlement. But the bill would allow the Passamaquoddy, Penobscot and Maliseet and Mi’kmaq tribes in the state to benefit from more than 150 federal laws that apply to tribes.

Clarissa Sabattis, Chief of the Houlton Band of Maliseets, middle, and other leaders of Maine's tribes are welcomed by lawmakers into the state's House Chamber on March 16, 2023, (AP Photo/Robert F. Bukaty, files)

House Republican Leader Billy Bob Faulkingham, a co-sponsor of the bill, said he looks forward to lawmakers passing "a piece of legislation that ourselves and future generations can look back on with pride." He added, in a statement, "I think we have a lot of ground to cover, but we can get there."

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The Judiciary Committee was holding a public hearing on Wednesday, a day after the bill was introduced, and weeks before lawmakers could adjourn from special session.

State lawmakers aren't expected to act on a more sweeping bill aimed at granting the tribes full sovereignty, similar to one that garnered support last year but withered under a veto threat by Democratic Gov. Janet Mills. That proposal is likely to be carried over and reintroduced in the new year.

Mills had no immediate comment Wednesday.

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For the tribes, it has been a long, frustrating battle since they traded some rights to the state under an $81.5 million settlement that was signed by President Jimmy Carter.

That settlement for the Passamaquoddy, Penobscot and Maliseet, along with a 1991 agreement for the Mi’kmaq, put the tribes in Maine on a different path from tribes elsewhere across the country. The other federally recognized tribes have greater autonomy and partner with the federal government.