Maine’s lawmakers and governor have taken several steps to repair relations with the state’s Native American tribes. The Legislature has passed a bill to ban the use of Native American names and mascots by public schools, universities and colleges.
And, on Monday, Gov. Janet Mills signed a bill into law designating the second Monday in October as Indigineous Peoples Day. It will replace Columbus Day.
As Mills rightly noted, history is typically written by the “victors.” This history too often leaves out the accomplishments and mistreatment of native communities and others. Creating Indigenous Peoples Day, which several Maine communities, including Bangor and Portland, had already done, is a small step in rebalancing our understanding and telling of history.
More important, Mills said on Monday that she would revitalize the Maine Indian Tribal State Commission. The group, which is made up of tribal and state representatives, has languished without full membership for years after disagreements were left unresolved and tribal members increasingly viewed the group as ineffective.
It is especially significant that Mills has taken concrete steps as governor to improve relations with Maine’s tribes. As attorney general, Mills represented the state’s legal interests and was the target of lawsuits by the tribes.
“I’d rather communicate than litigate, put it that way,” Mills said at Monday’s bill signing. “And [the commission] could be a good forum for communication.”
Mills has also appointed Donna Loring, a well-respected former Penobscot Nation representative to the Legislature, as her senior adviser for tribal affairs, a new position in the governor’s office.
The governor is on the right track to rebuild the relationship between the state and Maine’s Native American tribes. Rebooting the tribal commission, which is a forum for resolving conflicts over tribal and state interests, is long overdue.
However, some changes should be considered to make the group more effective.
A 2008 report by a joint tribal-state working group can still point the way a decade later. Among its eight recommendations, the group called for mandatory mediation by the commission for tribal-state disputes prior to going to court and a requirement of mandatory “meaningful” consultation with Maine’s tribes prior to any legislative, regulatory or policy change that may impact them. In 2015, then-Gov. Paul LePage rescinded a 4-year-old executive order that said the tribes would be consulted on state decisions that affect native people.
More substantially, the group called for ongoing reconsideration of the terms of the 1980 settlement act that has defined the tribes’ and state’s roles and responsibilities. The central point of contention is that the tribes and state have different views of where tribal sovereignty ends and state authority begins. This a complex disagreement to resolve and opening the door to reconsideration of portions of the decades-old agreement could lead to a cascade of unintended consequences.
However, without resolving this fundamental issue, the cycle of disagreements and disengagement will continue, hurting the tribes and the state.
As dramatic as the process sounds, it would be preferable to repeated lawsuits that cost the tribes and state precious dollars and goodwill. It could bring needed certainty to the state, tribes, their neighbors and industries.
“It is time to roll up our sleeves and work together to finally realize the initial but unfulfilled promise of the Settlement: to create a dynamic and effective relationship between the tribal and state governments that will benefit Indians and non-Indians in the state of Maine,” the commission’s managing director, Paul Thibeault, told the Press Herald earlier this year.
“We recognize that it will not be an easy fix and that a lot of hard work will have to be done by many people working in good faith in an atmosphere of mutual respect,” he added.
Ensuring the tribal-state commission is a functional — and respected — venue for this work is an important step forward.
