John Banks, director of Natural Resources for the Penobscot Nation discusses tribal sovereignty and water quality.
Producer: Amy Browne & Meredith DeFrancesco Uploaded by: Andy
For the first time in Maine state history, the governors of Maine's Indian Tribes will be addressing the Maine state legislature. On March 11th at 10am they will speak at the state house in Augusta.
Last month the 3 governors began a series of meetings with state governor Angus King to discuss a freedom of information access suit brought against them by 3 paper companies, with the support of the state. Last year the courts decided that the suing companies could use the states freedom of information law to obtain internal tribal documents. The tribal governors, if they continue to refuse to turn over tribal documents, are subject to fines and 1 year of jail time.
This lawsuit was launched amidst a controversy over whether the federal Environmental Protection Agency (EPA) or the State Department of Environmental Protection (DEP) should administer wastewater discharge permits that affect waters within tribal lands.
In 1999, as part of a now rountine by controversal transfer of discharge permitting authority from federal to state control, the state of Maine made an usual request to assume authority over indian waters as well. In all 44 other states making the tranfer, the EPA has retained that authority. The state claims that the Maine Indian Claims Settlement Act of 1980 exempts maine from being required from to keep indian land issues under federal juridiction. The tribes have contended that the EPA would maintain stronger enforcement in Maine's already polluted waters.
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