When it comes to standing up to #Trump, I laud #Maine Governor #JanetMills. But when it comes to #Wabanaki #Sovereignty, building wind terminals on undeveloped islands (#SearsIsland / #Wahsumkik ), destroying trees to supply #WesternMass with electrcitiy, or building highways through farmland (#MDOT), we definitely DO NOT always see eye-to-eye!

Governor opposed to latest change to #SettlementAct backed by #WabanakiNations

by Emma Davis
Wed, April 9, 2025

"Discussion of legislation to afford the Wabanaki Nations more authority over their land revealed that Gov. Janet Mills does not support the change, presenting a steep path for a plan that otherwise has bipartisan support.

"After not testifying during the public hearing last week, the governor’s counsel, Jerry Reid, told the Judiciary Committee on Wednesday that Mills’ concerns stem from the inability to predict the future needs of state government, an issue also raised in written testimony from the #MaineDepartmentOfTransportation, which was made available after the hearing.

"When pressed by committee members, Reid said he doesn’t have a specific example of an infrastructure project that would warrant seizing tribal land but that, 'We need to write the law mindful of the potential for problems.'

"While Reid and Wabanaki leaders noted that progress has and continues to be made to improve the relationship between the state and Wabanaki Nations, Reid added, 'the fact that we have such a good relationship right now might not always be true.'

"The U.S. government can seize private property for public use, a principle known as eminent domain, however that authority is restricted by the Fifth Amendment of the U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.

"The 1834 federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress. However, the 1980 Maine Indian Claims Settlement Act specified that that federal law was not applicable to the #HoultonBand of #Maliseet Indians, the #PassamaquoddyTribe and the #PenobscotNation.

"This is the act that has overall resulted in the Tribes being treated more akin to #municipalities than #SovereignNations. So far, sweeping changes to the act have failed due to opposition from Mills, but the governor, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year.

"The legislation being considered this session, #LD958, would amend the Settlement Act to prohibit the state from exercising eminent domain on trust and reservation land, which is protected under federal law, though fee land — or private property for which the owner owns the title — would still be subject to the state taking.

"The bill would also amend the 2023 #MikmaqNationRestorationAct to make this change for the Mi’kmaq Nation, which wasn’t included in the Settlement Act.

"On Tuesday, the Taxation Committee unanimously voted in favor of a bill to ensure equal tax treatment among all of the Wabanaki Nations, which Mills supports. #LD982 would provide the #MikmaqNation the same rights to sales tax revenue on its land that the other three tribes of the Wabanaki Nations were granted in 2022 through an amendment to the Settlement Act.
State hasn’t exercised this authority in decades, but argues it’s necessary

"The state hasn’t exercised eminent domain over #TribalLands since the #SettlementAct. However, testimony from Wabanaki leaders and state government officials underscore that it is a possibility."

Source:
https://www.yahoo.com/news/governor-opposed-latest-change-settlement-185134791.html

#MaineSettlementAct #EminentDomain #LandTheft #FirstNations #WabanakiConfederancy
#MaineFirstNations #Maine #MainePol
#NativeAmericanNews #TribalSovereignty

This article from the March 2024 issue of #DownEastMagazine has a lot of background behind the Maine Settlement Act. A must read!!!

What Would #TribalSovereignty Mean for the #Wabanaki?

For more than 40 years, the tribes in Maine have had to play by different rules than other indigenous groups across the country, and they have suffered in tangible ways as a result. Now, a push for greater tribal autonomy has come to a head

"18th-century treaties were never intended to deed away land. Like many American #Indigenous groups, the #Wabanaki viewed stewardship as a communal undertaking — they didn’t share European conceptions of private land ownership. Unattuned to this foreign mindset, the Wabanaki signed treaties assuming the documents outlined land use, not ownership."

By Rachel Slade
March, 2024

"The #HoultonBandOfMaliseets’ administrative headquarters, built to resemble a log cabin, sits on a small tract of tribal land in Aroostook County, just north of where I-95 intersects the Canadian border. A few steps away, the #MeduxnekeagRiver roars past, the sound of rushing water a reminder of the harm done by 19th-century log drives, when clearing the river of obstacles turned the flow fast and shallow. A decade ago, the Maliseets took it upon themselves to start a #restoration project, partnering with federal and state agencies and nonprofit groups to add boulders and bends to the Meduxnekeag. To date, they have covered a four-mile stretch, recreating conditions that will cool and oxygenate the water, in order to help insects, birds, and fish thrive. The work requires patience. So does much else. The river is hardly the only historical damage tribal leaders around the state have been attempting to repair.

"One of the four remaining Wabanaki tribes whose forebears arrived in Maine more than 10,000 years ago, the Maliseets inhabited an area now split between the United States and Canada long before the existence of an international border. Chief #ClarissaSabattis, who wears her heather-brown hair in two long, thick braids that drape over her shoulders, was elected to lead the #Maliseets in #Maine in 2017. Since then, she says, she has struggled daily with the complex legal relationships the tribes have with the state government, dictated by the 1980 #MaineIndianClaimsSettlementAct.

"The terms of the settlement were the result of a decade of legal wrangling (and centuries of fraught dealings before that) that resulted in the state wielding unprecedented power over tribal affairs. The tribes have come to find the arrangement both burdensome and unjust. 'Our tribal council is our governing body,' Sabattis said when I met her at the Maliseet administrative offices. 'We should have full authority to make the laws and serve our people without interference from other governments.'

"Several years ago, the Maliseets, Mi’kmaq, #Passamaquoddy, and #PenobscotNation banded together and formed #WabanakiAlliance to collectively push for #TribalSovereignty. Most of the country’s 570 other federally recognized tribes are sovereign, which in the context of tribal affairs implies a sort of quasi-independence: through a direct nation-to-nation relationship with the federal government, indigenous groups can run their own communities. They administer their law enforcement, courts, schools, health care, and civil infrastructure on their reserved lands with federal assistance and funding — and, unlike in Maine, can do so without state-level interference. Sovereignty also means that if the tribes believe the state has violated their federally protected rights, they have recourse both through federal agencies and courts. It’s a system under which tribes across the nation have begun to flourish in recent decades."

Read more:
https://downeast.com/issues-politics/what-would-tribal-sovereignty-mean-for-the-wabanaki/

#MaineTribes and Leading #Environmental Organizations Join Forces To Oppose Proposed #Mine in Shadow of #Katahdin

Proposed #ZincMine at #PickettMountain being pursued by virtually unknown Canadian company

June 28, 2023

"Two Tribes in Maine today joined forces with leading environmental groups and a national public interest environmental law organization to oppose a proposed mine that would be located in the shadow of #BaxterStatePark and the #KatahdinWoods & Waters National Monument.

"The proposed zinc mine at Pickett Mountain is being pursued by a virtually unknown Canadian company, #WolfdenResources, that has never operated a mine before. A previous version of Wolfden’s request was widely opposed because the region holds enormous cultural and natural significance to #Wabanaki Tribes, outdoor recreation businesses, and Maine people.

"The #HoultonBandOfMaliseets, the #PenobscotNation, and the #NaturalResourcesCouncilOfMaine [#NRCM], represented by #Earthjustice and #Brann&Isaacson, joined the #ConservationLawFoundation in petitioning to intervene in the review of Wolfden’s permit application to the Land Use Planning Commission (#LUPC) to rezone the area for #industrial uses.

"'The Penobscot Nation strongly opposes the rezoning of this #ecologically important area. We share significant concerns over impacts to the #water quality and f#isheries of the area, which our members rely upon,' said #ChiefKirkFrancis of the Penobscot Nation. 'The West Branch of the #MattawamkeagRiver contains abundant, high-quality, cold-water fish habitat and Designated #CriticalHabitat for #endangered #AtlanticSalmon, identified as necessary for the recovery of Atlantic salmon in the Penobscot River. This mine would impact our traditional territories and forever alter our ability to maintain our relationship to this place.'

"The area Wolfden wants to mine is next to three State Heritage Fish Waters and is a centerpiece of the region’s growing outdoor economy. It contains the headwaters of the West Branch of the Mattawamkeag River, which is sacred to the Penobscot Nation and provides key, federally designated critical habitat for endangered Atlantic salmon.

"'The Katahdin region’s wild beauty and clean water are extraordinary. One look at this landscape demonstrates that this is no place to put a mine,' said Nick Bennett, staff scientist at the Natural Resources Council of Maine. 'Wolfden’s claims that it will treat #wastewater more effectively than any mining company on earth are not credible. This is too big a risk for #Maine.'

"'The legacy of metallic mineral #mining in Maine is one of empty promises of economic development, acid mine drainage #polluting waters and killing fish, and multi-million dollar c#leanups funded by taxpayers and not the fly-by-night mining companies like Wolfden,' said #SeanMahoney, vice-president and senior counsel at the Conservation Law Foundation. 'Rezoning this area to allow mining would fail to recognize the cultural and spiritual importance of the land to the #WabanakiTribes and threaten the natural resources and experiences valued by generations of Maine citizens.'

"After withdrawing its initial request because it was riddled with errors, Wolfden submitted a second rezoning petition in January that sparked another review by the LUPC. Comments by Wolfden’s CEO disrespecting Maine tribes and #MininLlaws have prompted outrage from the Penobscot Nation, Houlton Band of Maliseet Indians, and #conservationists. The company has lost tens of millions of dollars over the past decade.

"'This is one of the absolute worst areas to rezone for a mine,' said Aaron Bloom, a senior attorney with Earthjustice. 'The region is known for its vast contiguous forest, pristine streams, high-quality lakes, and aquatic species like wild brook trout and landlocked salmon. Why would we risk that, along with the outdoor economy that depends on it, on a half-baked proposal from an unproven mining company? The Commission must put Maine’s unique natural resources, and the well-being of the people of Maine and Maine’s Wabanaki Tribes, before short-term industry profits.'

"More than 700 hundred Mainers and local businesses, including Bradford Camps, Chandler Lakes Camps and Lodge, and the #MaineWildernessGuidesOrganization, have spoken out against Wolfden’s plans. In May 2022, residents of #Pembroke voted overwhelmingly to ban industrial-scale metallic mineral mining in their town in response to Wolfden’s plans to develop a mine there."

Source:
https://earthjustice.org/press/2023/maine-tribes-and-leading-environmental-organizations-join-forces-to-oppose-proposed-mine-in-shadow-of-katahdin

How to observe #IndigenousPeoplesDay in #Maine

Dan Neumann October 6, 2023

"Tribal members and supporters will rally outside the Maine State House in Augusta on Indigenous People’s Day for #Wabanaki self-determination and transparency around Maine’s #treaty obligations toward tribal nations.

"The rally, organized by the #WabanakiAlliance, a coalition that includes representatives from hundreds of organizations and businesses that support #Wabanaki inherent sovereignty, will start at 9:30 a.m. on Oct. 9 outside the capitol and conclude at 11:30 a.m.

"Participants will be able to make signs and learn more about the 'Yes on 6' campaign ahead of the rally.

"#Question6 on the November ballot asks whether voters support requiring 'that all of the provisions of the Maine Constitution be included in the official printed copies' distributed by the state.

"The tribes are supporting the ballot measure because, since 1876, printed copies of Maine’s Constitution have omitted three sections of the original document, including one pertaining to Maine’s treaty obligations toward the tribes.

"Monday’s Indigenous People’s Day marks a crossroads for the tribes and their allies, after legislation recognizing Wabanaki sovereignty was vetoed by Gov. Janet Mills last summer.

"The law would have amended the jurisdictional arrangement between the tribes and the state that Indigenous leaders have long criticized for leaving the #WabanakiNations with less authority over natural resources, gaming, taxation, criminal justice and economic development on their lands than 570 other federally recognized tribes.

"Celebration at Redbank in South Portland

"Also on Monday, the #SouthPortlandMaine #HumanRights Commission will be hosting an Indigenous People’s Day celebration from 3 to 5 p.m. at the Redbank Community Center, located at 95 MacArthur Circle West in South Portland.

"The celebration will feature speaker Corey Hinton, a citizen of the #Passamaquoddy Tribe at #Sipayik and a lead lawyer on tribal issues in Maine.

"The Cape Elizabeth Rotary will also be serving pancakes and maple syrup sourced from #PassamaquoddyMaple, a company that is '100% tribally owned, with a mission to provide a high-end, small batch, product that will not only sustain our tribal land, but also create jobs for our people.'

"South Portland’s Indigenous People’s Day event is free, family friendly, and open to the public.

"Other events

"The #AbbeMuseum in #BarHarbor is holding a week long series of events through Oct. 9 called “#Indigenous2023 – Celebrating Our Sovereignty“, including #storytelling, a #concert and free museum admission.

"University of Maine, #Farmington [#UMF] is holding events from Oct. 16-19 including a food tasting, storytelling, a film showing and a panel discussion on how to be an ally."

Source:
https://mainebeacon.com/wabanaki-to-rally-on-indigenous-peoples-day-for-self-determination/