Protecting Maine’s Life-Giving Rivers

This was a published news story that I wrote after interviewing leaders of Maine's First Nations and doing some research on the Maine Settlement Act. Even though it's from 2001, it gives background of what went wrong in 1980 (and before), and why Senator Angus King's betrayal of Maine's First Nations is just another BETRAYAL by white men in power! I still stand behind this piece, and so wish Senator King would have EVOLVED! Maybe he needs to attend a Wabanaki REACH workshop and watch Dawnland. Even allies like myself should watch Dawnland! Anyhow, here it is. And yes, there is a LOT more work to be done!

TRADITIONAL CARETAKERS



The Penobscot Nation believes they are the caretakers of the Penobscot River, and that they have a sacred duty to protect the river and its surrounding region. They have traveled and collected food from all areas within the watershed of the Penobscot River, long before the arrival of the white man. In 1820, Captain Francis, a Penobscot delegate to the Treaty Conference in Bangor, described his people as being made by “the Good Spirit, who placed the red men here, before the white men came, gave us all the land from whence the waters run into the Penobscot. He caused the forests to abound with game, and the river with fish, for our use and subsistence. We then were contented and happy.” The Penobscot Nation successfully managed their land and water resources for a long time, being acutely sensitive of environmental issues long before there was ever an environmental movement.



Other Maine tribes also feel a sense of responsibility to the life-giving waters. All of the tribes have developed programs to help assess the health of their watersheds — the Houlton Band of Maliseet Indians currently monitors twelve sites throughout the entire Meduxnekeag River watershed for pollution. The Passamaquoddy Nation and Aroostook Band of Micmacs have water monitoring stations, and the Penobscot Nation have 125 monitoring sites up and down the entire Penobscot River watershed. They assess the impacts from agricultural runoff, point-source discharges, and storm water inputs.



Those who choose to live traditionally are especially affected by pollution of these waters. High levels of dioxin, DDT, and mercury have been found in many species of fish, part of traditional diets. At a recent conference on Maine rivers, Penobscot Governor Barry Dana commented that, “Mercury, dioxin, and other pollutants have entered our water, our air, our fish, our wildlife, our plants and, thus, our bodies. What effect will this have on our genetic code and our future generations? As indigenous people of this sacred homeland, with this river running through our blood, we have the right to secure the survival of our culture. But to do so, we endanger our health. By continuing to eat the fish and wildlife, by continuing to consume the plants as both food and medicine, we put at risk the very way of life we seek to preserve.”





 

WASTEWATER CONTROVERSY



Lately, the four recognized Maine tribes had even more reason to be concerned about the health of Maine’s living waters. Last year, the state of Maine Department of Environmental Protection (DEP) applied to the Environmental Protection Agency (EPA) for authority to administer wastewater permits for Maine’s waters. Until recently, any wastewater source discharging into the waterways had to get two permits: one from the EPA and one from the state, which was considered redundant. In mid-January, the EPA had delegated permitting authority to the state of Maine, providing they meet the standards of the Clean Water Act. Maine DEP now has sole authority on issuing permits, with the exception of areas in and around Indian lands.



The Penobscot Nation has taken the position that, with respect to reservation waters (along the Penobscot River from Indian Island northward), the EPA should retain permitting authority, since they feel that the federal government is more sensitive to the health of the waters, and would better protect the waters from pollution. Some tribal leaders believe that to put such regulation entirely under the state of Maine’s control could be disastrous, due to the potential influence of the paper companies.



In other states where the EPA has delegated wastewater permitting, Indian territory remains under federal jurisdiction. The EPA is waiting to hear the Justice Department’s interpretation of the Maine Claims Settlement Act, but in the interim, have decided to retain permitting authority for areas in and around Indian lands. The U.S. Department of the Interior has already sided with the Maine Indian nations in this matter. 





SOVEREIGNTY ISSUE



The Maine Indian Claims Settlement Act of 1980 enabled the Penobscot Nation, Passamaquoddy Tribe and Houlton Maliseets to be eligible for all federal Indian benefits and the right to govern themselves. 



The sovereignty issue began in the 1700’s, when the Maine tribes were declared “wards of the state” (which at the time was Massachusetts), and later became dependents of Maine when it achieved statehood in 1820. Parcel by parcel, their land was transferred to the state and to non-Indians illegally, without being ratified by Congress, which was required for any land transfers involving recognized tribes. However, the federal government did not consider Maine’s Indians its responsibility because they were considered “domesticated Indians” and dependent on the state; without the rights to self-governance and compensation that had been granted to other “recognized” tribes.



In the 1970’s that changed, as the Passamaquoddys and Penobscots finally received status as federally-recognized tribes. Since their lands were taken from them without the consent of the federal government, the Passamaquoddys and Penobscots filed a lawsuit claiming the 12.5 million acres of land that had been taken in treaties that violated federal law. The land in question consisted of more than two-thirds of the state of Maine.



It was felt that the lawsuit would take years to resolve, and so the Settlement Act was negotiated in 1980 by then-President Jimmy Carter. The Settlement Act involved the federal government, the State of Maine, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseets. The Settlement Act extinguished all Indian land claims in the state, and effectively ended the state’s “wardship” of the tribes. The three tribes received money from the federal government to purchase land in Maine to establish tribal lands, and additional compensation that would be held in trust with the interest distributed to each member. The Aroostook Band of Micmacs, who had been left out of the original Settlement Act, also received federal recognition and money to acquire land in 1991.


 

TRIBAL GOVERNORS TAKE A STAND



The State of Maine and three major paper companies assert that the Settlement Act of 1980 makes the three tribes involved (the Passamaquoddy, Penobscot and Houlton Maliseets) different from other sovereign Indian nations, claiming that they do not have the same rights as the other nations in the United States. There is language in the Settlement Act’s enforcement piece — the Implementing Act — which has been interpreted by the state as meaning the tribes are actually municipalities under state control. Because of this, the paper companies are bringing lawsuits against the Penobscot and Passamaquoddy tribal governments for access on their internal documents on water quality regulation. The paper companies claim that the Penobscot Nation and Passamaquoddy Nation are subject to the Freedom of Access Act, a state law requiring municipalities to provide such information on demand.



Passamaquoddy Governors Richard M. Doyle and Richard Stevens, as well as newly-elected Governor Dana of the Penobscot Nation, were threatened with daily $1000 fines and a year in jail for refusing to hand over the documents. The Penobscot and Passamaquoddy leaders claim that the health of their waters, which is life to them, is a matter of the health and welfare of their people and an internal matter, not subject to state regulations. The tribal governments are appealing to the Maine Judicial Supreme Court, but if they fail, the governors face imprisonment. Governor Dana asserted, “The paper companies don’t just want our documents... they’re after the continued right to pollute the river.” 



This is hardly the first run-in the tribes have had with the paper companies. One paper company, Champion International, falsified discharge reports for years, leaving it to the Penobscot Nation to sound the alarm on pollution of the Penobscot River. In 1968, the Passamaquoddy Tribe had a confrontation with Georgia Pacific, when the paper company began cutting timber from their lands with state approval, but without tribal consent.



 

WORKING TOGETHER TO PROTECT THE RIVERS



The tribes’ first and foremost duty is to protect the environment, something that affects us all. Recently, a summit entitled “Honoring the Gift of Living Rivers: Bringing Rivers Back to the People” was held at Indian Island Township in the Penobscot Nation. Over 150 people from all over the state attended. The summit was developed and sponsored by Maine Rivers, a statewide alliance created to protect Maine’s river systems. Leaders of the four tribes were at the summit, as well as representatives from various environmental groups.



At the beginning of the summit, Gov. Dana stated, “Our goal is to share this vision with all of Maine’s people so that through our combined efforts we will ensure clean water, fish, wildlife and plants so that all future generations may swim, eat, and enjoy life the way Maine’s rivers should be.” Former two-term Maine Senate Democratic Majority Leader Chellie Pingree was the keynote speaker: “Clean water and healthy natural resources are something we all often take for granted; however, their protection requires our vigilance and Maine people can be grateful to the tribes for reminding us of this.” To close the summit, Arnie Neptune, spiritual leader of the Penobscot Nation, blessed water that participants had brought from rivers from all over the state. He then gave it back to the participants as a reminder of “the common bond of water we all share.

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The summit was just the beginning of solutions being developed by the Maine First Nations, working together with environmental groups and concerned citizens. Maine’s First Nations want to help non-Native American Mainers find the best ways to meet the goals of healthy living waters for everyone.