Wabanaki leaders and citizens, legislators and allies rallied in Augusta on April 20 to celebrate what they believe is a historic sea change in tribal state relations, as three bills affecting the tribes have received strong support in the legislature. As the legislative session wrapped up, those at the rally pointed to the efforts that have been made over the last four decades to advance the rights of Wabanaki peoples. They also honored the support for the Wabanaki nations from an increasing number of people and coalitions across Maine.
      The fate of the bills, though, was not clear at the time of the rally, as they faced challenges both from possible vetoes by Governor Janet Mills and, on the sports betting bill, pushback from gaming interests in the state. To override a veto, two-thirds support is needed in both the House and the Senate.
      Along with the Passamaquoddy Tribe's drinking water bill, the two other bills are the sweeping tribal sovereignty measure, LD 1626, and the more limited bill, LD 585, that would give the tribes exclusive access to the online sports betting market. In an initial vote, the House supported the sovereignty bill by a vote of 81 to 55, and the bill then passed in the Senate. Both LD 1626 and 585 were then placed on the special appropriations table for funding approval.
      The sovereignty bill would reframe the relationship between the state and tribes and enact the consensus recommendations of a task force that considered changes to the state act that implemented the federal Maine Indian Claims Settlement Act of 1980. It would establish that the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseets have the same rights and powers as other federally recognized tribes in the U.S., which is a significant change from the current law, which provides the state with much of the authority over tribal affairs. Among the areas covered in the bill where the tribes would have authority are taxation, criminal justice, hunting and fishing on tribal lands, natural resources and land use. Also, the bill would establish that most federal Indian legislation would apply to Maine tribes, whether or not they were named in the federal act.
      During the debate in the House, a number of legislators pointed to how Maine is an outlier in the country in terms of tribal-state relations. Passamaquoddy Rep. Rena Newell reviewed how the state, from 1820 to 1975, had "exercised increasingly pervasive authority over the tribes." She said the bill "is about fairness, equity and the right of self-determination." Where the federal government has promoted self-determination "tribes have made great strides and revived their languages, culture and societies." But for the Wabanaki tribes, their "right to self-govern and pursue self-determination on our own terms is restricted by the settlement act." The tribes in Maine "seek to govern ourselves, chart our own paths for success and self-determination." Noting that the Wabanaki had greeted some of the first Europeans to try to settle on the continent in 1604 at St. Croix Island, she stated, "We remain here today as the same people, looking to be good neighbors and to build a brighter and stronger future for our communities."
      Rep. Jeffrey Evangelos of Friendship stated, "Inherent sovereignty is the most basic principle of all Indian law," adding the powers and rights of the tribes predate new world discovery and have never been extinguished. "My state must come to grips with this," he said, choking at times with emotion. "The state can't grant something the tribes already inherently possess."
      Noting that Maine was the last state to allow Natives to vote in state elections, in 1967, he said the state's relationship with the tribes is "a shameful legacy." He related, "Roger Joseph Dana, Passamaquoddy native, was drafted into the Vietnam War. He was killed in action before he had the right to vote."
      Rep. Evangelos also outlined how the state's strategy during the negotiations leading up to the signing of the 1980 Maine Indian Claims Settlement Act was to ensure that the tribes would remain under Maine law. By treating the tribes as municipalities, the state would realize a net financial gain, then Attorney General Richard Cohen had observed. Evangelos noted, "The state didn't contribute one cent to the tribes as part of the settlement," as the $81.5 million that the Passamaquoddy and Penobscot tribes received to set aside their claims to two-thirds of the state and to agree to abide by state law were federal funds.
      "Let's reverse this legacy. Let's allow our brothers and sisters in the tribal nations to have the right to self-determination and inherent sovereign federal rights that tribal nations enjoy for economic development and a variety of other reasons in the other 49 states," he urged.
      Also pointing to the state's legacy toward the tribes, Rep. Thomas Harnett of Gardiner stated, "We have broken and dishonored treaties and promises that we have made to you over and over and over again. We have tried to strip you of your culture, of your language, of the traditions that defined you because we thought you should be more like us."
      While generally supportive of the bill, Rep. Chris Babbidge of Kennebunk was concerned that, if the legislation is enacted, the tribes could place more lands they own into trust through the federal acquisition process anywhere in the state. He feared what that might mean for neighboring communities, as Maine's regulations "are in many cases more protective than federal rules." He argued it would be better to limit the area where the tribes can place lands into trust status to the northern and eastern portions of the state and to the unorganized territories, and not in municipalities. He added, "The grievances brought by the tribes, that we have failed to adopt the benefits enjoyed by other tribes, are justifiable grievances."
      Rep. Stephen Moriarty of Portland stated, "At this point the Maine Implementing Act is not a living, breathing document. Instead it has become fossilized, brittle and resistant to change. The time has come now for a significant step forward." And Rep. Ben Collings of Portland urged, "Why don't we get out of the way of the tribes and let them self-govern more, and it will benefit all of us, just as it does in practically every state in the nation."
      But some representatives expressed hesitation about the bill. Rep. Laurel Libby of Auburn said that "uncertainty and disagreement remain in every area affected by this bill." She maintained that federal Indian law is "complex, evolving and subject to judicial interpretation." Conflicts among state, federal and tribal law could "result in years of litigation." And unlike most other states, Maine has tribally owned land "scattered throughout the state." With the tribes able to place lands into trust anywhere in the state, under the legislation, she said that municipalities would not be able to prevent the federal government from taking land into trust on behalf of the tribes. The tribes could enact environmental standards different from those of the state, which would apply to tribal trust lands. Municipalities located on rivers "would be required to comply with regulations established upstream," she said. Tribal members would not be subject to state hunting laws on tribal lands throughout the state, she said, and certain tribal companies and entities would be exempt from taxation, which could create unfair competition for municipalities. Also, criminal jurisdiction "would be complicated significantly."
      In addition to the broad tribal sovereignty bill, the much more limited measure, LD 585, was approved 81 to 53 in an initial vote in the House and later was approved in the Senate by a 23 to 11 to vote. It also was placed on the special appropriations table.
      Representatives of both the Hollywood and Oxford casinos had opposed the initial bill, as they would have been shut out from the lucrative sports betting market. It's estimated that across the country nearly 90% of sports wagering takes place online. The Bangor casino had also did not like an amended version, as the in-person betting market would be limited to the casino's seasonal racetrack. The bill was then changed again to allow in-person betting at the Bangor casino.
      Other provisions of LD 585 would exempt the tribes from state sales and income taxes for activities occurring on tribal lands and implement a means to improve dialogue between the Wabanaki nations and the state.