AUGUSTA, Maine – Maine could soon revise its legal relationship with American Indian nations.

Maine treats tribal nations as municipalities rather than sovereign nations, which is unique among the states. Today, a task force votes on modifying the Maine Indian Claims Settlement Implementing Act.

Tribes currently follow state law except for "internal tribal matters" – some criminal cases, natural resources and gaming rights, among other legal areas. State Rep. Donna Bailey, D-Saco and House co-chair of the task force, explains the reasoning behind the potential legal changes.

"What the tribes have really asked for us to look at is to try to bring their status in line with general, federal Indian law," says Bailey.

The law was first enacted by Congress in 1980 to settle a legal dispute between the tribal nations and the State of Maine. After Friday's vote, the task force will present its recommendations on December 13.

The act also limits how federal legislation can benefit tribes in Maine. There have been numerous court cases between Maine's Native Americans and the state since the claims act was passed.

Bailey says legal changes could help repair this historic animosity.

"I'm hoping that most of our recommendations will become law, and that this will kind-of restart the relationship between the tribes and the state," says Bailey. “It's been stuck since 1980."

When Governor Janet Mills was the Maine Attorney General in 2017, she won a case against the Penobscot Nation in a federal dispute about whether the state or the tribe could regulate waters in their area. Mills says her administration wants to mend the state's relationship with the tribes.



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This week, more than 100 Californians are in Cali, Columbia, for the 16th United Nations Conference on Biological Diversity.

Tribes, policymakers and conservation groups are promoting national monument status for three sites in the Golden State.

Lena Ortega, a Kw'tsán cultural committee member for the Fort Yuma Quechan Indian Tribe, wants federal protection for the proposed Kw'tsán National Monument in Imperial County.

"The movement to save the environment isn't a choice for us," Ortega explained. "It's a matter of survival and our past healings are intertwined with that of Mother Earth. We are the land. The land is us."

California has already lost more than 20% of its native species and more than 600 species are considered threatened with extinction.

Asm. Matt Haney, D-San Francisco, said California is working hard to achieve the goal to protect 30% of state and federal land and waters by the year 2030.

"California is home to more native plants, animals, and more invasive species, than any other state," Haney pointed out.

Brandy McDaniels, Sáttítla National Monument Campaign lead for the Pit River Tribe, said time is running out for the administration to declare the Sáttítla National Monument in northeastern California.

"With less than three months left in President Biden's term, now is the time for the president to use his authority by designating Sattitla as a national monument for all future generations," McDaniels urged.

Tribes are also calling for a new Chuckwalla National Monument in Southern California near Joshua Tree National Park.


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By LaVerne Whitebear for Arts Midwest.
Broadcast version by Kathleen Shannon for Greater Dakota News Service reporting for the Arts Midwest-Public News Service Collaboration

“Traditional games comprise the foundation of who we are as a people,” said Jeremy Red Eagle.

Red Eagle, ‘Mato Zi,’ is an enrolled member of the Sisseton Wahpeton Oyate of the Lake Traverse Reservation, located in North and South Dakota. In 2007, he began studying and working with the International Traditional Games Society. They are dedicated individuals working to recover, restore, and re-introduce games developed by Indigenous nations in North America.

“I wanted to work with Native youth because they are the future, and I wanted to do my part,” he said. His focus has been the origin and history of Plains Style archery and lacrosse and of the Dakota people, and how he can guide the transference of this knowledge to both young and old.

“The best way I could think of ‘how’ was to meet them [the youth] on their level, by utilizing play-based learning programs or traditional games—the Indigenous form of education,” added Red Eagle. 

However, the lack of information on traditional ways has posed difficulties. Due to the late 1800’s assimilation of the Dakota people and the boarding school era, much of the first-hand knowledge has been lost. And documentation is limited. 

Research has been key in this revitalization process. Various Dakota elders have shared some oral history. Visits to museums have provided a wealth of visual information. These include stylistic, geographical, functionality, and elemental distinctions used by various tribes throughout North America. 

“The way a bow is made is true beauty. The design elements we incorporate tell their own stories. How cool is that!” he said. 

Still, there is much to learn.

The purpose of traditional games was based on the continued life and survival of Indigenous nations. They were introduced to members at a young age. Red Eagle shared that some tribes even presented their infants with lacrosse sticks upon the celebration of their birth—exemplifying their cultural importance. 

Plains Style traditional games have classifications such as ‘games of chance and intuition’ and ‘games of skill and agility/endurance.’ Individual games are said to awaken and strengthen inherent human senses, increasing one’s chances of survival.

The use of Indigenous language plays a key role in learning and sharing mechanics of these games. It infuses a deeper meaning of their importance to dakod wichohan or the Dakota way of life. 

Red Eagle has studied and acquired the Dakota language as a second-language speaker. He uses it as part of his traditional games teaching method in hopes of its parallel revitalization. 

His families’ relocation to South Dakota in 2014 coincided with his first attempt in introducing traditional games on a larger scale. The formation of a lacrosse team, Susbeca Lacrosse, included young members from his home district, Enemy Swim or Toka Nuwan. Red Eagle took this as a chance to coach the team using his knowledge of the Dakota language.

Today, through local Native non-profit Nis’to Incorporated and other partnerships, youth of all ages practice lacrosse and archery weekly, hosted by the Sisseton-Wahpeton College. And Red Eagle is often present at these gatherings. He guides participants in the “rules” of play or in making “equipment” for traditional games from natural materials he has collected.

“Everything we need to make these games (happen) can be found right on the land we call home,” he said. 

The history of these games reminds us of the connection between language, culture, history, and land. They can reconnect Indigenous populations and people, in general, with the natural world. Most importantly, they bring communities together. 


LaVerne Whitebear wrote this story for Arts Midwest.


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Oral arguments were heard this week in a legal fight over redistricting outcomes for North Dakota tribal lands.

About a year ago, North Dakota was ordered to adopt a new legislative map after the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, along with some individual voters, filed a lawsuit. They claimed the original map, updated after the 2020 census, illegally diluted Native American voting rights.

Samantha Blencke, senior staff attorney for the Native American Rights Fund, said they are now trying to defend redistricting victories in the appeals process, as state leaders push back on recent developments.

"I think the big point here is these are extreme arguments, they go against decades and decades of precedent," Blencke asserted.

The arguments to which she refers are from the North Dakota Secretary of State's office. In its appeal of the decision to order new political boundaries, it contended private citizens cannot pursue legal action under certain sections of the Voting Rights Act. The state argued its efforts did not violate federal law. Blencke anticipates a decision fairly soon but stressed the legal proceedings have no effect on this fall's election.

However, Blencke pointed out a favorable ruling for the state could affect future elections.

"The Legislature could adopt a new remedial map and propose that to the district court to review, to see if it also remedies the vote dilution," Blencke explained.

But legal groups assisting the tribes do not want to reach that point and would prefer to stick with the court-ordered map. According to the Native American Rights Fund, the 2020 census showed the number of Native voters in North Dakota grew to nearly 6% of the state's voting-age population but added the legislature adopted a district map reducing the number of candidates Native voters could elect in the northeastern part of the state.