Legislators play their cards
Not giving up after 15 years of trying, the Passamaquoddy Tribe once again will be attempting to convince legislators and Governor John Baldacci, during this session of the legislature, to support tribal gambling in the state C specifically a racino in Washington County and a casino at a site to be determined. Along with those two measures, Passamaquoddy Rep. Donald Soctomah is submitting several bills related to the tribe's heritage and culture.
If the racino bill is not approved, a statewide referendum may be held this year on the question of allowing a tribal commercial harness racing track with slot machines in Washington County. The Maine Secretary of State's Office still is determining if there are a sufficient number of valid signatures on petitions for the racino referendum.
Noting that the tribe has been pursuing either a racino or casino since 1992, Soctomah comments, "Every time we make an effort we get knocked down. I hope at least the local towns in Washington County will support this." He believes that the positive news about Hollywood Slots in Bangor may have changed people's opinions about a racino. "It's changed the face of Bangor," he says, adding that the state's general fund benefits from the revenues generated.
After Baldacci vetoed two Washington County tribal racino bills that were passed by the legislature in 2005, racino supporters began a petition drive for a statewide referendum on the issue. Last February, the Secretary of State's Office ruled that there were an insufficient number of valid signatures on petitions that had been submitted in January to get the measure on the November 2006 ballot. In August, petitions with additional signatures were submitted to the Secretary of State's Office, which still is determining if there are a sufficient number of valid signatures on the petitions, according to Deputy Secretary of State Julie Flynn. The determination has to be made within 30 days of January 25. If there are a sufficient number, then the measure could be on the June or November ballot this year.
An act to establish a Maine tribal casino follows on the initiative that was voted on in a statewide referendum in 2003 to permit the Passamaquoddy and Penobscot tribes to operate a casino that would have been located in Sanford. While voters turned down the casino proposal 2-1, they favored allowing slot machines at the commercial harness racing track in Bangor. Soctomah says the casino bill is the same legislation that was introduced previously, and the tribes would find a host town.
Protecting archaeological sites
Two of Soctomah's bills concern archaeological or petroglyph sites. One proposes that 5% of the total funding from the Land for Maine's Future Program would be dedicated to archaeological site purchases. The bill would have archaeological sites considered as one of the grade points when the Land for Maine's Future Board considers projects for purchase. Soctomah says he is compiling a list of possible sites that the board might consider.
Another bill would establish a petroglyph district for Machias Bay. The measure would call for the development a management plan for the protection and conservation of the petroglyphs around the bay and recognize them as a tribal and state treasure. The management plan would be developed with the involvement of the tribe, the U.S. Fish and Wildlife Service, the Maine Department of Conservation and private property owners in the Machias Bay area. Soctomah says the management play would not interfere with current uses such as fisheries conducted around the bay.
Other legislation
Other legislation would have traffic fines collected on tribal lands go to the tribe instead of the state's general fund. Five years ago, Soctomah submitted a similar bill, which didn't get out of legislative committee, but he notes that he now has new information that might help get the measure passed. He points out that the tribe, which has its own court system, doesn't receive any funds from the state for its police departments. "The police are enforcing both tribal and state laws, and the fines should come to the tribal court system," says Soctomah.
An act to allow for the practice of Native religion in Maine prisons would permit tribal members to carry out ceremonies such as sweat lodges while in prison. Presently the decision whether to allow such ceremonies is at the discretion of the prison wardens. "We want our Native prisoners to come back in a rehabilitated state," comments Soctomah. Another bill would pardon Natives for all nonviolent crimes committed prior to 1980. Soctomah says the measure would provide an opportunity for people who have not committed a violent crime and have had a clean record since 1980. Presently, they cannot cross the border if they have a record, says Soctomah, which denies them access to half of the Passamaquoddy homeland.
Legislation to allow tribal use of cultural resources on state-owned lands would allow for the harvesting of sweetgrass and brown ash, used in the making of baskets, on property managed by the Department of Conservation. Noting that tribal members have less access to lands with sweetgrass and brown ash as more land along the coast is posted, Soctomah says he hopes an agreement can be reached with state agencies to allow access to state lands for those purposes.
A legislative resolve would name a portion of Route 1, from the bridge in Princeton to Topsfield, the Captain Tomah Lewey Memorial Highway. Lewey started the community at Indian Township and was an early surveyor who marked the stagecoach road in that area. He was also a steamboat captain for log drive boats on West Grand Lake and Big Lake in the mid-1800s.
Another bill would establish a lifetime hunting and fishing license for tribal members. The tribe receives the licenses from the state, but Soctomah says having lifetime licenses would make the system more manageable, so they would not have to be issued every year. The Department of Inland Fisheries and Wildlife does have lifetime licenses for Maine residents 65 and older and 15 and younger.
Two bills would place tribally owned land into trust status with the U.S. Department of Interior. One is Gordon's Island in Big Lake, a culturally important property in Township 21 that was given by Domtar Industries to the tribe in 2002. The other is blueberry land in Centerville, near Columbia Falls.
Although the Piscataquis county commissioners suggested earlier this year that they might seek to amend legislation that banned the use of the word "squaw" in geographic place names in the state, so far no bill concerning the issue has been introduced. Big Squaw Mountain Ski Resort, which has continued to use the name, is located in Piscataquis County. Soctomah, who had introduced the bill that was enacted in 2000, notes that Governor Baldacci has written that he would veto any attempt to amend the legislation. "We're hoping that it doesn't surface," says Soctomah. "We will fight it if it does.