Lawmakers in Maine jumped into the fire on February 19, as they considered altering the 1980 Maine Indian Claims Settlement Act. That agreement treats native tribes in the state differently than federal laws treat other Native American groups throughout the country.
Tribal representatives have argued that the state has hampered their communities’ ability to improve their economic conditions by restricting their ability to run tribal casinos. They have voiced their grievances about the state allowing hundreds of millions of dollars to go to corporations operating the state’s two casinos.
“We’re not here for casinos. That’s not what we’re here for,” explained Michael-Corey Hinton, attorney for the Passamaquoddy Tribe. “We are here to restore our sovereignty and our ability to self-govern. Under federal law, that would include the right to the game.”
On Wednesday, state lawmakers heard testimony for the second day regarding 22 proposals that would potentially change the 40-year-old agreement between the state and the Penobscot Nation, the Passamaquoddy Tribe and the Houlton Band of Maliseet Indians. These recommendations would grant more authority for the tribes regarding such issues as taxation, land use, natural resource management, and criminal prosecution on tribal lands.
The proposals have received pushback, as industry groups are concerned that this could lead to tougher environmental regulations. The Hollywood Casino in Bangor also oppose changes to current law, arguing it would drain the state of its current casino revenues.
Maine Gov. Janet Mills warned that changing the bill could lead to “extensive litigation.” State lawmakers are expected to continue to hear testimony regarding this matter in the upcoming days.
Several initiatives have been placed before voters to grant permission for the tribes to run the operations. Each of these has failed, as have bills before the state legislature. One such example was a a bill was proposed in March, 2019 that would allow the Passamaquoddy tribe to open a casino. However, commercial casino operators strongly opposed the measure, and it was not approved.
This failure followed a 2017 referendum where voters rejected allowing the tribe to build a casino by an overwhelming margin of 83%. The Houlton Band of the Maliseet Indians has attempted to take matters to the Maine Supreme Court, but it have refused to hear arguments on the matter.
