The Legislature's judiciary committee approved a bill that would apply federal Indian laws to the tribes in Maine Thursday afternoon. But it face continued resistance from Gov. Janet Mills that could be fatal this late in the session.
The bill is similar to an effort led by U.S. Rep. Jared Golden of Maine's 2nd District last year to make federal Indian law applicable to the tribes. They are currently denied those benefits under a 1980 settlement, unless otherwise specified in new legislation. That bill died after Mills objected and independent U.S. Sen. Angus King argued the tribes should negotiate on specific legislation.
This effort is led by Maine House Speaker Rachel Talbot Ross, D-Portland, in a session where tribal issues have seen more bipartisan support. Maine House Minority Leader Billy Bob Faulkingham, R-Winter Harbor, has been a vocal supporter this year, and the amendment put forward Thursday was from state Rep. John Andrews, R-Paris.
The amendment sought to address some of the governor's concerns by making exclusions for certain federal environmental laws in addition to some criminal and gaming statutes. Under the proposal, the Indian law in the Clean Water Act, the Water Quality Act of 1987, the Clean Air Act and the Indian Mineral Development Act of 1982 would only be enforceable by the tribes within their own lands. That would prevent them from imposing different standards than the state, Passamaquoddy attorney Michael-Corey Hinton said.
But Mills' counsel Jerry Reid said the measure is still too broad and would create legal uncertainty. He said the administration would prefer to discuss specific laws that the tribes would like to be included in and then take those amendments to Congress.
"I think, as long as this bill takes the approach that it does, that's not something that can be solved," he said.
Most Republicans on the committee voted against the bill. While some were supportive, they said the complex nature of the bill should not be rushed and that it would be too difficult to determine the ramifications as the session looks to be winding down.
But state Rep. Lois Galgay Reckitt, D-South Portland, said years have already been spent debating tribal issues. She says tribes deserve to have a vote on the bill this year even if it fails.
"It's a lousy message to the tribes, is the other piece, and I am not willing to send a lousy message to the tribes anymore," she said. "We've done plenty of lousy messages to the tribes."
The committee ultimately voted 10-4 in favor of the bill, with Andrews breaking from his party. But the bill likely faces a tough fight when it goes to the floor. Lawmakers are trying to wrap up their business by next week, and complex tribal issues have not fared well at the end of the session.
