Tribal sovereignty issue still unsettled

The Penobscot Nation and the Passamaquoddy tribes are seeking legal protection in a public access case that is being brought against them by Great Northern and Georgia-Pacific. These paper companies want to know what the tribes are planning to do in the future about water pollution in Maine rivers. Their obvious intent is to be forewarned so they may be forearmed.

The tribes want the federal government to retain oversight of the discharge of pollutants into tribal waters because the fed is known to uphold strict water-quality standards. The paper companies want the state to retain oversight of the same waters because the state is known to be more lenient concerning the same standards.

It’s a fact that in the short run, it’s more economically advantageous for paper companies, and consequently for the state, to allow rivers to be polluted with effluent from mills. How is polluting rivers advantageous to the state? Because paper companies are among Maine’s highest taxpayers and if a paper company’s budget is stressed, so is the state’s.

To the tribes, the paper companies symbolize a loss of clean water and edible fish. To the paper companies (and the state), the tribes symbolize an obstacle in the path of progress and a significant deterrent to greater profits.

The Federal Indian Claims Settlement Act and its state mirror, the Maine Implementing Act of 1980, gave the tribes the authority to govern “internal tribal matters” without state interference. By treaty, Maine Indians were supposed to have control of how the general public might come onto their reservations, if at all. But that was then and this is now and the Settlement Act is all but settled. Its ambiguous wording has allowed for creative interpretation: if “internal tribal matters” involve a public resource (like a river), the state feels it can interfere (on behalf of the paper companies) in matters of tribal government.

Is this not American history repeating itself?

Perhaps some day the scenario could change. Perhaps the state of Maine could even lead the rest of the nation in listening to the wisdom of native voices telling us that clean water and clean air benefit everyone – paper companies, Indian nations, the state, federal and local governments and even us common people.

But today, the tribes are facing an imminent intrusion of their cultural values by powerful corporations and by our state government. Nor are they local municipalities within our state. They are nations within our nation to be dealt with, by treaty, the way in which we deal with other nations: with respect and diplomacy, with compassion and understanding.

So far it is clear that no fair comprehensive arguments have been heard or even addressed by our state courts on the issue of what is and what is not tribal sovereignty. In the most simple of terms, what Maine tribes want is a clear rule of law concerning their rights. For that, it only seems fair that they deserve our support.

John C. Frachella, DMD, is the director of the Children’s Dental Clinic in the Bangor Department of Health and Welfare.