AUGUSTA, Maine — A fast-tracked bill aiming to extend sweeping federal rights to Maine tribes cleared a legislative committee on Thursday, though it looks unlikely to pass due to continued opposition from Gov. Janet Mills.
The measure is part of a signature effort led by House Speaker Rachel Talbot Ross, D-Portland, to rewrite a landmark 1980 land-claims settlement that governs tribes here mostly like cities and towns.
Mills has blocked the most ambitious parts of that push, and her top lawyer told lawmakers on Thursday that the issue they were considering should be left to Congress.
Democrats on the Legislature’s Judiciary Committee disagreed, sending the proposal to the chamber floors in a 10-4 vote on Thursday with all Republicans opposing the bill except for Rep. John Andrews of Paris, a libertarian-leaning member who proposed a key amendment.
That means Talbot Ross is unlikely to secure the two-thirds majorities in both chambers needed to survive a Mills veto. One supporter said she anticipated that it would be defeated but said further delays after years of discussions will not help.
“Let’s at least force the Legislature to take a look at this,” Rep. Lois Reckitt, D-South Portland, said.
Tribal rights have been a thorny sticking point between Democratic lawmakers and the governor. After Mills proposed a $900 million spending plan in March, Talbot Ross delivered a message to the governor that the top lawmaker would not back the budget if Mills did not support a ream of tribal-rights bills.
The governor did not reverse herself, and lawmakers have continued work on that budget. But lawmakers have already agreed to delay consideration of Talbot Ross’ most sweeping tribal-rights bill until next year. The measure debated Thursday is the biggest remaining one on the subject likely to get votes this year.
It aims to give the Penobscot Nation, Passamaquoddy Tribe, Mi’kmaq Nation, Penobscot Nation and Houlton Band of Maliseets access to federal laws that do not automatically apply to them under the 1980 settlement. U.S. Rep. Jared Golden, a Democrat who represents Maine’s 2nd District, proposed a similar measure last year that Mills worked against.
Talbot Ross’ bill says federal law would still not cover Maine tribes in cases related to prosecution of serious crimes and that Maine law still trumps federal statutes on gambling. The amended version adds various environmental laws to the exceptions and says the law can be repealed in its entirety if a court deems it ineffective.
The new changes to the bill were made in response to feedback from Mills, the Maine Forest Products Council and others in an “attempt at advancing an honest, forthright policy conversation to advance equality,” Corey Hinton, attorney for the Passamaquoddy Tribe, said.
But Mills still opposes the bill over concerns it is vague and potentially unconstitutional, Gerald Reid, her chief lawyer, said. He said the governor would prefer further discussions over how to improve it, with Congress best suited to overhaul the terms of the federal-state settlement.
“It is legally bizarre what this bill is trying to do,” Reid said.
The Legislature is attempting to approve a budget and adjourn for the year before July 1. This bill was only introduced and sent to the Judiciary Committee at the end of May, and Republicans on the panel said they were opposing the measure largely because they did not have time to understand its intricacies.
“I don’t feel like I understand the full implications of this enough to say ‘yes’ in this moment,” Sen. Eric Brakey, R-Auburn, said.
The $81.5 million settlement signed by President Jimmy Carter in October 1980 and negotiated by state, federal and tribal officials here compensated tribes in exchange for Maine holding more authority over them. This has left tribes in Maine without the power of others in the country to manage gaming, natural resources and additional policies on their land.
A team of Harvard University researchers released a report last year finding other U.S. tribes saw a 61 percent growth in per capita income from 1989 to 2020, while Maine’s tribes saw a bump of only 9 percent and also have higher unemployment and poverty rates than most other tribes nationally.
Mills also opposes a bill lawmakers advanced Wednesday to include language about the state’s obligations to Native American tribes in future printings of the Maine Constitution.
Tribal rights issues are getting national attention. On Thursday, the U.S. Supreme Court upheld a federal law that gives preference over adoption of Native American children and foster care to their relatives and tribes. The statute is a response to past government abuses.
Correction: An earlier version of this story featured an incorrect quote from Mills lawyer Gerald Reid.
