AUGUSTA, Maine — A narrower sovereignty proposal to expand the authority of tribal courts advanced Tuesday as part of a compromise between top Democratic lawmakers and Gov. Janet Mills.
The consensus amendment from House Speaker Rachel Talbot Ross, D-Portland, has the support of Mills, Attorney General Aaron Frey and the four federally recognized tribes in Maine: the Penobscot, Passamaquoddy, Mi’kmaq and Maliseets.
The proposal, advanced Tuesday by the Judiciary Committee in a party-line vote, affects criminal jurisdiction but leaves out more sweeping changes initially included in the Talbot Ross bill to change an $81.5 million settlement in 1980 that saw the tribes relinquish a claim for more than two-thirds of the state’s land in exchange for becoming regulated like cities and towns.
All eight Democrats on the committee supported the amendment over opposition from Republicans. Rep. Rachel Henderson, R-Rumford, failed in her effort to table the bill after she and her Republican colleagues argued for more public input after the amendment was released Saturday. Democrats on the committee noted Talbot Ross and tribal attorneys indicated an amendment was nearing completion during February’s public hearing.
“Though only a small step, it is forward,” said Penobscot Nation Ambassador Maulian Bryant, who is also the president of the Wabanaki Alliance, a group representing all four tribes. “We will continue to work with the administration and the Legislature to place the tribes on the same footing as the other 570 recognized tribes across the country.”
The tribes have sought for years to amend the settlement so they could receive additional federal benefits available to tribes in other states that cover issues such as health care, land acquisition and disaster assistance. The alliance has pointed to a Harvard University report finding tribes in Maine are economically behind tribes in other states.
But Mills, a Democrat and former attorney general, vetoed a more expansive sovereignty proposal in 2023 and opposed the initial 41-page bill Talbot Ross put forward this year, arguing they would create legal issues and confusion.
The 16-page amendment released Saturday would recognize the exclusive jurisdiction of the Passamaquoddy and Penobscot tribal courts, along with potential courts the Mi’kmaq and Maliseets may establish in the future, over misdemeanor crimes and Class C felonies — the least severe felony class — committed within their territories by adult members of the tribes.
The state and tribes would share jurisdiction over those crimes committed within the territories by members against people who are not members of a tribe, and they would share jurisdiction over Violence Against Women Act crimes committed by non-members against members.
The proposal includes due process requirements, and it would not affect agreements for mutual aid and cooperation between tribes and local, county or state law enforcement agencies. An additional amendment section unrelated to courts is a previous plan to recognize the authority of the Penobscot Nation to regulate drinking water laws.
Judiciary Committee members mostly asked more technical questions Tuesday regarding the amendment, such as how it will affect due process rights. Chief Judge Eric Mehnert of the Penobscot Nation Tribal Court expressed confidence at that tribe’s ability to guarantee due process for defendants, noting a public defender and appellate court along with an ability to draw full jury pools while completing 10 to 15 cases a year.
Leaders of the tribes and their representatives expressed support Tuesday for the amendment and extensive negotiations that went into it. Jerry Reid, the governor’s chief lawyer, added Mills and her office are “comfortable with the outcome.”
Penobscot Nation Chief Kirk Francis said his tribe was “very pleased” with the process, while Maliseet Chief Clarissa Sabattis acknowledged there is “a lot more to do.”