For years, Maine’s tribes have sought approval to own and operate gambling facilities including casinos. Those efforts, in the form of a state referendum and various pieces of legislation, have so far failed. This year, tribal leaders are coming to the Legislature with a different approach.
Unlike other tribes in the United States, Maine's tribes are required to seek approval from the state to operate casinos or other gambling operations. That's because of the provisions laid out in the landmark land claims settlement of 1980, which exempted Maine from any federal Indian gaming laws.
The tribes have tried for years to win state approval and reap the earnings afforded other tribes under the Federal Indian Gaming Regulatory Act.
A bill now before the legislature takes a different tack, directing the state to negotiate with the tribes for a compact to govern gaming.
“We are not seeking anything new or special," says Kirk Francis, chief of the Penobscot Nation. "We’re simply trying to restore the recognition of our legal and inherent rights and our rights to self-governance on par with those tribes all across the country."
Other tribes in the state are in support of the approach, says Clarissa Sabattis, chief of the Houlton band of Maliseets.
“As tribal nations, our only ask is to be treated with fairness and equity," Sabattis says.
As in past efforts, the tribes are being opposed by the operators of the two existing casinos. Dan Walker, a lobbyist for the Oxford casino, says there isn't enough capacity in Maine to add another one.
"Expansion of gaming in a saturated market will hurt existing facilities, will lose jobs and stagnate existing development," he says.
The economic arguments against the bill were continued by John Williams, executive director of the Oxford Hills Chamber of Commerce, who says the tribes should be required to meet the same requirements faced by other would-be casino operators.
"I am not appearing here today to offering any testimony on the legal rights of Maine Native American tribes," William says. "Absolutely not. I will say that Maine voters and regulators have set the bar high with regard to approval of any gambling facility.”
Williams says the current requirements include a statewide referendum, a local referendum where the facility would be built and a provision that the location be at least 100 miles from either existing facilities in Oxford or Bangor. The proposal will now be considered by the Veterans and Legal Affairs committee before it goes to the full legislature.
