Pine State News

Governor also signs other Tribal-related legislation, including bill to enshrine the Indian Child Welfare Act into State law

Governor Janet Mills announced today that she has signed historic legislation that extends to the Mi’kmaq Nation the same rights and benefits enjoyed by other Wabanaki Nations in Maine.

The Mi’kmaq Restoration Act – the result of direct negotiations, dialogue, and partnership among the Mi’kmaq Nation, the Mills Administration, and the Office of the Attorney General – fundamentally reshapes the jurisdictional relationship between the Tribe and the State.

The agreement ensures that the Mi’kmaq Nation enjoys the same jurisdictional rights and benefits currently enjoyed by the Passamaquoddy Tribe and Penobscot Nation, ensuring that the Mi’kmaq Nation has the same authority over internal tribal matters, regulatory authority over natural resources, sustenance fishing rights, and other rights that the other Tribes in Maine possess.

“This landmark agreement is an example of what the State and the Tribes can accomplish with dialogue and collaboration,” said Governor Janet Mills. “I am proud to sign this legislation into law and to extend to the Mi’kmaq Nation the same rights and authorities enjoyed by other Tribes in Maine. I thank them for their collaborative work.”

Unlike the Passamaquoddy Tribe and Penobscot Nation, the Mi’kmaq Nation (formerly known as the Aroostook Band of Micmacs) was not included in the Maine Indian Claims Settlement Act of 1980. While a subsequent settlement with the State provided the Mi’kmaq Nation with significant Federal funding to purchase trust land, that settlement did not provide the Mi’kmaq Nation with the same regulatory authority as those Tribes.

In January 2023, representatives of the Mi’kmaq Nation approached the Governor’s Office and the Office of the Attorney General to discuss the creation of legislation that would expand the current rights and authority of the Nation to align with the corresponding rights and authority of the Passamaquoddy Tribe and Penobscot Nation. That outreach resulted in a series of constructive conversations and the introduction of legislation that overwhelmingly passed the Maine House and Senate last month.

In addition to elevating the authorities and rights of the Mi’kmaq Nation, the law also expands the authority of the Mik’maq Nation, the Passamaquoddy Tribe, and the Penobscot Nation to regulate water under the Safe Drinking Water Act.

The underlying agreement will take effect upon ratification by all four tribes.

Governor Mills also signed into law two additional Tribal-related pieces of legislation, including a bill that enacts the Maine Indian Child Welfare Act into State law to ensure important rights and safeguards for custody and child welfare proceedings involving Indian children and families. The legislation prioritizes placing Indian children who need a safe home with Indian families, promoting important cultural and social connections that comes from being raised by an indigenous family involving Indian children and families. The other piece of legislation – An Act Regarding the Maine Indian Tribal-State Commission – improves the functioning of the Maine Indian Tribal State Commission.

Original source can be found here.