AUGUSTA, Maine — Maine lawmakers failed Thursday to override the governor’s veto of a invoice that may have expanded the sovereignty of Native American tribes within the state by making certain extra federal legal guidelines apply to them.
It’s a defeat for the tribes, that are sure by a land claims settlement that places them on totally different footing than the nation’s different 570 federally acknowledged tribes.
Both chambers had voted to enact the invoice with big-enough majorities to override the veto, however some House members backtracked below stress by Democratic Gov. Janet Mills. She contends the invoice was obscure and would result in prolonged and contentious litigation in coming years.
The 84-57 House vote fell in need of a two-thirds majority after tribal Rep. Aaron Dana, a Passamaquoddy, implored lawmakers to vote for the tribes, saying they need the identical factor that the nation’s Founding Fathers wished.
“We seek equality. We seek life, liberty and the pursuit of happiness. And we seek the liberty and the pursuit of happiness under a relationship where we have the access to the laws passed by Congress to make native communities safer and healthier,” he mentioned. “Nothing more, nothing less.”
Tribal leaders criticized the governor, calling her an obstacle to progress, whereas providing due to lawmakers for his or her help.
“It’s extremely disappointing that the governor insists on keeping her thumb on the tribes and the Legislature. She clearly will not be deterred from using any authority she has to oppress the tribes,” mentioned Chief Rena Newell of the Passamaquoddy Tribe at Sipayik.
Mills, for her half, mentioned she stays prepared to work with the tribes to make sure they’re not excluded from advantages usually accessible to different federally acknowledged tribes, and referred to as for a “collaborative, respectful approach” that she mentioned has been profitable previously.
It was an necessary invoice for tribes in Maine who’ve lengthy regretted buying and selling a few of their rights to the state below an $81.5 million settlement that was signed by President Jimmy Carter in 1980.
The settlement for the Passamaquoddy, Penobscot and Maliseet, together with a 1991 settlement for the Mi’kmaq, permits them to be handled very like municipalities topic to state legislation as an alternative of dealing straight with the federal authorities like different tribes. The settlement allowed the tribes to accumulate tracts of land so long as they stayed below state legislation and allow them to obtain state training {dollars}. But the connection additionally led to disagreements, and a number of other lawsuits.
The governor contends tribal properties complicate jurisdictional considerations as a result of so many landowners abut tribe-owned land. The governor additionally says only a handful of federal legal guidelines don’t apply to the tribes in Maine – such because the Indian Healthcare Improvement Act and the federal legislation governing catastrophe response – and that these might be dealt with on a case by case foundation.
Mills has urged the tribes, the legal professional basic and different events to work collectively to craft a proposal that’s “clear, thoroughly vetted, and well understood by all parties.”
But the tribes more and more see her as standing in the best way of modifications they are saying are essential to enhance their lives. Last week, Penobscot Nation Chief Kirk Francis mentioned he thinks the governor desires “to protect an old guard and old mindset” by sustaining the established order. And Dana, the tribal consultant, mentioned Thursday that among the governor’s feedback concerning the laws have been “dangerous and misleading.”
Supporters contend the the proposal particularly carved out sure federal legal guidelines together with the Clean Water Act, Indian Mineral Development Act, Water Quality Act and Indian Gaming Regulatory Act. But the governor contends the invoice’s language failed to realize the aim.
The day began on a optimistic observe almost about tribal relations. The governor introduced she signed a invoice to make sure the later settlement with the Mi’kmaq higher aligns with rights and advantages of the opposite tribes. The governor mentioned it proves what might be achieved with “dialogue and collaboration.” She additionally signed two different tribal-related payments.
In March, tribal leaders in Maine used their first handle to the state Legislature in 20 years to name for larger autonomy after a broader sovereignty proposal stalled final yr below a veto risk.
A invoice to supply full sovereignty to the tribes this session is being held over, that means it’ll be handled by lawmakers subsequent yr.
Tribal leaders have been optimistic concerning the future.
“We were never going to take a step backwards when it comes to our sovereignty. We’re always going to be taking a step forward,” Dana after the vote.
Francis of the Penobscot Nation added: “Though today was a loss on the floor of the House, we’re confident moving forward we will only gain greater support.”
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