Committee advances bill that would prohibit the state from seizing Wabanaki land
The Judiciary Committee advanced legislation on Wednesday to prevent the state from being able to seize Wabanki land for public use without consultation, though amended it in a way that appears to assuage at least some of the concerns raised by Gov. Janet Mills' administration.
The committee voted 10-4 in favor of an amended version of LD 958, incorporating a proposed amendment from the Maine State Chamber of Commerce that the prohibition would only apply to current tribal trust lands, meaning land for which the federal government holds the legal title of on behalf of a tribe, and not land that may be put into trust in the future.
Earlier in April, the governor came out in opposition to the bill, with her legal counsel citing the inability to predict the future needs of state government and uncertainty over the future location of tribal trust land, as the Wabanaki Nations are still eligible to acquire more under the 1980 Maine Indian Claims Settlement Act.
This thinking was why some on the committee did not back the plan. Sen. David Haggan (R-Penobscot) said he cast an opposing vote because he believes the power of seizing private property for public use, a principle known as eminent domain, is vital for government to properly function.
The vote did not fall along party lines. Haggan was among the three Republicans who voted against the legislation — also including Reps. Rachel Henderson of Rumford and Mark Babin of Fort Fairfield — with Democratic Rep. Dani O'Halloran of Brewer joining them in opposition.
While the Judiciary Committee may often be known to complicate matters, Rep. Adam Lee (D-Auburn), who voted for the legislation, argued this issue is straightforward.
'Our relationship with the Tribes is a government relationship and we should not be able to take their land, full stop,' said Rep. Adam Lee (D-Auburn).
The relationship between the Wabanaki Nations and the state is complicated by the 1980 Settlement Act, which has overall resulted in the Wabanaki Nations being treated more akin to municipalities than sovereign nations.
LD 958 is the next piecemeal change lawmakers and Wabanaki leaders are seeking to make to afford the Tribes greater sovereignty. While incremental alterations to the Settlement Act have been made in recent years, sweeping change has so far failed due to opposition from Mills, a Democrat.
Mills did not respond to a request for comment about the amendment by the time of publication.
The U.S. government's authority to exercise eminent domain is restricted by the Fifth Amendment of the U.S. Constitution, which requires just compensation for land taken, as well as some federal laws.
The 1834 federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress. However, the Settlement Act specified that that federal law was not applicable to the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation.
LD 958 would amend the Settlement Act to prohibit the state from exercising eminent domain on current trust and reservation land, which is protected under federal law, though fee land — private property for which the owner owns the title — would still be subject to the state taking.
The bill would also amend the 2023 Mi'kmaq Nation Restoration Act to make this change for the Mi'kmaq Nation, which wasn't included in the Settlement Act.
As advanced by the Judiciary Committee on Wednesday, the bill was also amended at the request of Wabanaki leaders to remove the portion that had stipulated how the Tribes could reacquire land with such proceeds, which Passamaquoddy attorney Corey Hinton criticized as a paternalistic process. Instead, the bill now simply points to the federal takings process.
LD 958 now heads to the Maine House of Representatives and Senate for floor votes.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
33 minutes ago
- Yahoo
Oklahoma is a ‘blueprint' for biotechnology partnerships, federal commission says
From left to right, Commissioner Michelle Rozo, Oklahoma Secretary of Commerce Deborah Moorad, U.S. Rep. Stephanie Bice, R-Okla., and Oklahoma Secretary of Secretary of Energy and Environment Jeff Starling on Tuesday speak with the press about Oklahoma's role in the biotechnology industry. (Photo by Emma Murphy/Oklahoma Voice) OKLAHOMA CITY — Oklahoma is a 'blueprint' for Washington, D.C. of how to implement public-private partnerships in biotechnology, said a federal official who has been tasked with reviewing advancements in the industry. Michelle Rozo, vice chair of the National Security Commission on Emerging Biotechnology, said Oklahoma stands out from other states because of the collaboration between industries and the public-private partnerships in the state. The Commission, which was established by Congress to advance the United States' leadership in biotechnology, is traveling across the country to discuss how states are advancing biotechnology and understand how the group can best implement its recommendations. The main recommendation, Rozo said, is to maintain public-private partnerships in the biotechnology industry. 'I like to say we're beginning to be able to program biology like we program computers, but the outcomes are going to have much more of a wide- reaching effect,' Rozo said. ''When you program computers, you just get ones and zeros out. When you program biology, you get medicines, you get food, you get materials, you get treatments. … The limits almost do not exist.' Rozo was joined by a handful of other commissioners, including Republican U.S. Rep. Stephanie Bice, during a stop in Oklahoma City on Tuesday as part of a nationwide roadshow to discuss how biotechnology advancements could shape national defense. The Commission provides recommendations about the intersection of national security and biotechnology, which uses biology or living organisms to develop new products and technologies or improve existing ones. The commission in April offered Congress a series of recommendations. Representatives from Oklahoma State University, the University of Oklahoma and the Oklahoma Medical Research Foundation spoke about the importance of higher education in pushing innovation in biotechnology forward. Research at these institutions ranges from food security and supply chain resiliency to developing medical treatments and devices. The commission also heard from state leaders about strategies to create hands-on learning opportunities and address gaps in the workforce. The greatest need is more talent and researchers in Oklahoma to push for innovation, but it can be difficult to draw them when most research dollars go to institutions on the East and West Coasts, officials said. When asked about federal cuts to research grants and higher education, Bice said Congress 'isn't interested' in huge cuts to research. 'We recognize that research at large, whether it is through organizations like OMRF or organizations like OU and OSU that are doing really innovative things, is important,' Bice said. 'And we'll continue to invest in those things moving forward.' Since President Donald Trump took office in January, his administration has proposed cutting over $1 billion from the National Institutes of Health, which conducts and supports medical research. Some of the proposals have faced legal challenges. Bice said the commission is on the road to highlight the importance of biotechnology and address the role Oklahoma can play in addressing challenges the U.S. faces in national security. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
2 hours ago
- Yahoo
Democratic Maine oyster farmer to challenge Susan Collins
Next year's race in Maine for Republican Sen. Susan Collins' seat is a prime target for Democrats, who are seeking to flip control of the chamber. And now a 40-year-old oyster farmer and veteran of the Iraq and Afghanistan wars is joining the Democratic field. Graham Platner's story could be compelling to Maine voters aching for a political outsider: His only experience on Capitol Hill was as a bartender, a job he held while attending George Washington University on the GI Bill. But being a 'regular working guy' is one of his strengths, Platner told MSNBC. 'Right now it feels like there's an anti-establishment fervor amongst the working people of this state,' said Platner, who announced his candidacy on Tuesday. 'Going with someone of the establishment is not going to work.' He's running on a platform centered around economic issues, such as housing affordability and universal health care, so it's no surprise he cites Sen. Bernie Sanders, I-Vt., as a major political influence. Yet he declines to identify with a progressive label. 'I think it's silly that thinking people deserve health care, that makes you some kind of lefty. But I do think those working-class policies are necessary. That's what we need to do to make this country work for working people.' An Army and Marine veteran, Platner is calling for an end to U.S. involvement in foreign wars, and the 'trillions and trillions' of taxpayer dollars spent on them. He served four combat tours in Afghanistan and Iraq. Platner has his work cut out for him, as he is joining an already crowded primary race for Collins' seat, which she has held since 1997. The field also includes Jordan Wood, who served as chief of staff to then-Rep. Katie Porter, D-Calif., along with David Costello, who challenged Sen. Angus King, I-Maine, last year. Maine Gov. Janet Mills, a Democrat, has said she's considering entering the race as well. Mills memorably stood up to President Donald Trump earlier this year when he threatened to withhold federal funding if her state did not comply with banning transgender athletes from competing in women's sports. 'See you in court,' she said to Trump in a room full of governors. Mills would be nearly 80 years old if she were to win. Platner said it's time for a fresh face with the energy for the job. 'I just think if we keep running the same kind of playbook, we're going to get the same results,' he said. This article was originally published on
Epoch Times
2 hours ago
- Epoch Times
Trump Signs Bill to Enhance Oversight of US Export Controls
President Donald Trump signed a bill on Aug. 19 that aims to improve national security and transparency of the export control system by increasing oversight of American-made technologies being shipped to foreign nations. The bill, the Maintaining American Superiority by Improving Export Control Transparency Act, amends the Export Control Reform Act of 2018 and requires Commerce Secretary Howard Lutnick to report annually to Congress on applications for dual-use export licenses.
