AUGUSTA, Maine (AP) — Democratic Gov. Janet Mills delivered a setback to Native American tribes seeking greater sovereignty in Maine, vetoing a proposal on Friday that aimed to ensure many federal laws apply to them despite a state land claims settlement that dates back decades.
The governor said she doesn't want the tribes in Maine to be unfairly excluded from federal benefits enjoyed by other tribes across the country. But she argued that the bill sponsored by Democratic House Speaker Rachel Talbot Ross is vague and confusing — and will lead to protracted litigation.
Expressing distrust of the governor's motives, Penobscot Nation Chief Kirk Francis urged lawmakers to disregard her arguments, some of which he called “disingenuous.”
"I’m confident in our friends and allies to make sure that we continue to work hard to get this over the finish line," Francis told reporters on Friday. Both the Maine House and Senate approved the bill with bipartisan majorities that were big enough to override the governor's veto.
The administration contends the bill could “modify” Maine laws governing public health, safety and welfare on tribal lands. The administration also says just a few federal laws don’t apply to the tribes in Maine — only four or five — but the tribes haven't been interested in engaging with negotiations on a case-by-case basis.
There have been lengthy lawsuits even when the law, in the attorney general’s view, is clearly spelled out under the settlement.
For the tribes, it has been a long, frustrating journey since they traded some rights to the state under that was signed by President Jimmy Carter in 1980.
The settlement for the Passamaquoddy, Penobscot and Maliseet, along with a 1991 agreement for the Mi’kmaq, stipulates they’re bound by state law and treated like municipalities in many cases.
That means tribes in Maine get some state benefits like education dollars. But they’re treated differently than the other 570 federally recognized tribes across the country that deal directly with the federal government. This has led to disagreements over issues like water rights and environmental issues.
On Thursday, Mills urged the tribes, the attorney general and other parties to work together to craft a better proposal that is “clear, thoroughly vetted, and well understood by all parties.”
Francis, the Penobscot Nation chief, said he thinks the governor wants “to protect an old guard and old mindset” by maintaining the status quo. He predicted she would be Maine's last governor to impede tribal progress.
The tribes received a key endorsement from state Senate President Troy Jackson, who urged fellow lawmakers to think about their legacies and “stay true to the original vote”
“With all due respect to the chief executive, the time has come and passed for us to rectify our laws and honor the inherent sovereignty of the Wabanaki Nations,” he said in a statement. The Wabanaki tribes are the Passamaquoddy, Penobscot, Mi’kmaq and Maliseet in Maine.
To ensure broad support of the legislation, the proposal specifically carved out certain federal laws including the Clean Water Act, Indian Mineral Development Act, Water Quality Act and Indian Gaming Regulatory Act. But the governor contends the bill’s language conflicts with the stated goal of exempting those laws.
Republican Rep. John Andrews said the bill is a “basic liberty issue” and urged Republicans to overturn the veto. Maulian Bryant, president of the Wabanaki Alliance and Penobscot Nation ambassador, noted an outpouring of support and said “Mainers understand fairness and equity.”
In March, tribal leaders in Maine used their first address to the state Legislature in two decades to call for after a broader sovereignty proposal .
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