Work Plan for 2024-2025

MAINE INDIAN TRIBAL-STATE COMMISSION

WORK PLAN OVERVIEW

Revised September 13, 2024

I. STATUTORY DUTIES

A. Review Act’s Effectiveness and Social, Economic, and Legal Relationships

(30 MRSA §6212(3))

“In addition to the responsibilities set forth in this Act, the commission shall continually review the effectiveness of this Act, and the social, economic, and legal relationship between the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, and the Penobscot Nation and the State and shall make such reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, and the Penobscot Nation as it determines appropriate.”

B. Approval of Indian Territory Additions (30 MRSA §6205(5))

“No lands held or acquired by or in trust for the Passamaquoddy Tribe or the Penobscot Nation, other than those described in subsections 1, 2, 3, and 4, shall be included within or added to the Passamaquoddy Indian territory or the Penobscot Indian territory exception upon recommendation of the commission and approval of the State . . . .”

C. Promulgate Fishing Rules or Regulations (30 MRSA §6207(3)

“. . . the commission shall have exclusive authority to promulgate fishing rules or regulations on:

1. A. Any pond other than those specified in subsection 1, paragraph B [all shoreland and submerged land in Indian territory and less than 10 acres in surface area];
2. B. Any section of a river or stream both sides of which are within Indian territory; and
3. C. Any section of a river or stream one side of which is within Indian territory for a continuous length of ½ mile or more.

In promulgating such rules or regulations the commission shall consider and balance the need to preserve and protect existing and future sport and commercial fisheries, the historical non-Indian fishing interests, the needs or desires of the tribes to establish fishery practices for the sustenance of the tribes or to contribute to the economic independence of the tribes, the traditional fishing techniques employed by and ceremonial practices of Indians in Maine and the ecological interrelationship between the fishery regulated by the commission and other fisheries. Such regulation may include without limitation provisions on the method, manner, bag and size limits and season for fishing.”

. . . In adopting rules or regulations . . .  the commission shall comply with the Maine Administrative Procedures Act.”  

D. Designate Extended Reservation (30 MRSA § 6209-A(5))

Any 25 or more adult members of the Passamaquoddy Tribe residing within their Indian territory and in reasonable proximity to each other may petition the commission for designation as an extended reservation. If the commission determines, after investigation, that the petitioning Passamaquoddy tribal members constitute an extended reservation, the commission shall establish the boundaries of the extended reservation and recommend to the Legislature that, subject to the approval of the governing body of the Passamaquoddy Tribe, it amend this Act to extend the jurisdiction of the Passamaquoddy Tribe to the extended reservation. The boundaries of an extended reservation and recommend to the Legislature that, subject to the approval of the governing body of the Passamaquoddy Tribe, it amend this Act to extend the jurisdiction of the Passamaquoddy Tribe to the extended reservation. The boundaries of an extended reservation may not exceed those reasonably necessary to encompass the petitioning Passamaquoddy tribal members.”

E. Comment on Draft Off-Shore Wind Power Project Proposal Solicitations (35-A MRSA § 3408(E)(6))

Prior to issuance of a competitive solicitation for the development and construction of offshore wind power projects in the Gulf of Maine, the Maine Offshore Wind Renewable Energy and Economic Development Program shall “[r]equest comments on the draft solicitation from each federally recognized Indian tribe in the State and the Maine Indian Tribal State Commission . . . .”

II. MISSION STATEMENT

We envision a future where self-determination by Wabanaki people and preservation of these cultures is valued by all, and the well-being of tribal and non-tribal communities, as well as the land we live on, is promoted and protected.

III. FOCUS AREAS

MITSC will monitor proposed legislation affecting the Wabanaki nations or their citizens specifically and be available to provide information or give input.

1. A. Settlement Act Effectiveness and Tribal-State Relations Improvement
   
   1. 1. Participate in collaborative Tribal-State task forces developing mutually beneficial solutions to Settlement-related conflicts or misunderstandings.
   2. 2. Create and deliver Wabanaki-focused cultural competency training to increase understanding and enhance tribal-state working relationships.
2. B. Education & Outreach
   
   1. 1. Support reintroduction of the Wabanaki Studies Bill in the 132^nd Legislature
   2. 2. Collaborate to educate and fully implement ICWA and the new Maine Indian Child Welfare Act
   3. 3. Enhance MITSC’s function as a research, education, and resource entity.

1. C. Natural Resources Protection
   
   1. 1. Updating MITSC Fishing Rules.
   2. 2. Promote and publicize Sea Run Report work to share and implement recommendations.
   3. 3. Monitor Juniper Ridge Landfill contract extension request.
   4. 4. Support a study of the impact of PFAS on Wabanaki communities and citizens.
   5. 5. Monitor mining projects potentially impacting Wabanaki lands or sustenance practices.
   6. 6. Promote remediation of structural (dams) and environmental harms (dioxin) to waterways (fisheries).
2. D. Sustaining Cultures
   
   1. 1. Expanded role for Tribes in management of Baxter State Park.
   2. 2. Be available to support repatriation efforts as needed.
   3. 3. Encourage development of voluntary landowner agreements to permit tribal access to cultural resources for traditional arts and spiritual practices.
   4. 4. Support tribal language preservation efforts.
   5. 5. Support the Permanent Commission on the Status of Racial, Indigenous and Tribal Populations’ (PCRITP) Place Justice Initiative.
3. E. Economic and Revenue Development
   
   1. 1. Produce a research report on the 151 federal laws enacted after 1980 for the benefit of tribal nations and determine which, if any, would affect or preempt the application of Maine law to the lands of the Houlton Band of Maliseet Indians, the Mi’kmaq Nation, the Passamaquoddy Tribe or Penobscot Nation lands.
   2. 2. Monitor and assess implementation of tribal online sports betting and other economic development initiatives benefiting Wabanaki peoples.
   3. 3. Monitor development of LD 2007 (if reintroduced in the 132^nd Legislative Session), “An Act to Advance Self-Determination for Wabanaki Nations.”
   4. 4. Review and comment on Offshore Wind Energy Development solicitations as necessary per 35-A MRSA § 3408(1)(E)(6).
4. F. Improving Government to Government Relations
   
   1. 1. Support effective implementation of the Tribal-State Collaboration statute (Chap. 376, 5 MRSA §11051 et seq.) including facilitating agency cultural competency education.
   2. 2. Conduct follow up and education on the reemergence of Maine Constitution Article X, Section 5 & 7 (publish Article X, Section 5).
   3. 3. Promote the principles and practical application of the United Nations Declaration of the Rights of Indigenous Populations (UNDRIP) in Tribal-State relations.
   4. 4. Assist Wabanaki tribal courts to create and transmit abstracts of convictions of hunting or motor vehicle offenses committed under the influence of intoxicating liquor or drugs to the Maine Bureau of Identification and State Bureau of Identification uniform crime reports required by 25 MRSA § 1544.
   5. 5. Monitor efforts to return of State lands and waterways to Tribes, especially the Wahsehtek deal  (31,000 acres, East Branch of the Penobscot River).
   6. 6. Collaborate with Permanent Commission on Racial, Indigenous & Tribal Populations on issues of structural racism affecting Wabanaki people (e.g., disproportionate rates of law enforcement contact and incarceration).

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