INDIAN ISLAND, Maine — Leaders of three of Maine’s Native American tribes gathered on Wednesday on Indian Island to sign a joint declaration affirming their right to govern themselves — and calling for a congressional inquiry into state actions they say have hurt their cultures, rights and resources.
The declaration came a day after the Passamaquoddy and Penobscot tribes announced that they were withdrawing their delegates to the Maine Legislature, citing concerns about state government’s apparent lack of respect for tribal sovereignty.
“We do not recognize the authority of the State of Maine, its Governor, Legislature or Courts to define our sovereignty or culture or to interfere with our self-governing rights,” the tribes said in their declaration. “We recognize the Maine Indian Claims Settlement Act of 1980 and the Aroostook Band of Micmac Settlement Act of 1991.”
In the joint declaration, representatives of the Penobscot, Passamaquoddy and Micmac tribes state that despite the fact that their sovereign status was recognized and affirmed in the two federal settlement acts, Gov. Paul LePage wrongly asserted in a recent executive order that the tribes, their land and their resources are subjects of the state.
A fourth Maine tribe, the Houlton Band of Maliseets, did not take part in Wednesday’s signing. John Henry Bear, who represents the tribe in the Legislature, said Tuesday the Maliseets have a lot at stake in the current session, including a bill that would allow them to operate a casino in northern Maine.
The three tribes asserted that the state, through its departments and agencies, including the attorney general’s office, has repeatedly attempted to assert its authority over them “in contravention of our sovereign authority and to perpetuate us as wards of the State of Maine.”
In support of their contentions, the native leaders pointed out that the state has refused to apply federal legislation meant to benefit tribal economies and promote the health, safety and welfare of native people and tried to interfere with the tribes’ federal trust relationship with the U.S. government.
As a result, conditions within the tribes related to economic development, public safety, health care and basic human necessities “lag far behind the state average,” the declaration states.
It was not clear how the state and the tribes will move forward and what role the congressional delegation will play in mending relationships. Messages emailed to the delegation’s media representatives seeking comment were not immediately returned Wednesday evening.
Chief William Nicholas of Passamaquoddy Indian Township didn’t think much would change as a result of the declaration.
“Nothing really changes,” he said. “Everything [in it] we’ve already been doing, I mean, the reality is this relationship is what it is. The doors of communication are always open, but it doesn’t change anything from where we’ve been, from what we’ve encountered already.”
Penobscot Nation Chief Kirk Francis said that Maine tribes have worked hard over the last five or six years “to develop a good solid relationship with the United States Congress, not just within the Congress but with multiple agencies within the federal government that are really starting to understand that there’s a real problem in Maine.”
Among the issues dividing the tribes and the state is the Penobscot Nation’s lawsuit over their sovereign rights to fish and patrol the Penobscot River.
In the lawsuit, the Penobscots are seeking an injunction to stop Maine game wardens from policing the river and preventing tribal members from engaging in sustenance fishing. The tribe claims federal law grants them the right to such fishing and to police the waters of the river.
“If you look at the Penobscot Nation versus [Janet T.] Mills case, for example, you will see congressional support briefs in that. You’ll see the United States of America briefs in that, suing just not on our behalf but their own as well, for violations of federal Indian law,” Francis said. “So it’s not hard to look around and see there’s not many people who agree with what is going on here on [the state’s] relationships with Maine tribes.
“Let’s be clear,” Francis said. “We have no controversy within the Penobscot River. We enjoy our neighbors. We allow full and open access. We recognize that this river is important to a whole lot of people. What we’re saying is that the rights of indigenous people that live within this territory have to be respected.
“When you’re talking about a subsistence lifestyle, sustenance fishing rights, water quality has to be conducive to that. Fisheries and ecosystem have to be conducive to that. Those things need to be respected, and we have to be able to manage that [beyond] our own tribal membership,” he said.
Dave Pardilla, maintenance and public works director for the Penobscot Nation, was among more than 50 tribal members and supporters who attended Wednesday’s signing ceremony.
As he sees it, not much has changed since the land claim act was adopted in 1980. He attributed that to the state’s implementation act, which he said characterizes the tribes as “quasi-municipalities.”
“That’s been hurting us ever since,” he said. “Everything that benefits Indian Country we’re exempted from because of that phrase,” citing federal legislation involving gaming and disaster relief funds that have not benefited Maine tribes.
Pardilla thinks the straw that broke the camel’s back might have been LePage’s decision in April to rescind his executive order titled “ Recognizing the Special Relationship Between the State of Maine and the Sovereign Native American Tribes Located Within the State of Maine.”
It is still unclear what prompted the move, but some tribal officials believe it was retaliation over the state and Wabanaki people’s dispute over water rights.
The LePage administration issued a statement Tuesday criticizing tribal leaders in the wake of the withdrawals of the legislative delegates.
“Efforts by the governor on behalf of the state of Maine to promote collaboration and communication with the tribes have proved unproductive because the state of Maine’s interests have not been respected,” the statement read.
BDN writer Mario Moretto contributed to this report.