Maine tribe loses sovereignty dispute with state

[Waya]

The state of Maine can enforce its employment laws on the Aroostook Band of Micmac Indians, a divided federal appeals court ruled on Tuesday.

By a 2-1 vote, the 1st Circuit Court of Appeals said the tribe has to answer to an employment dispute before the Maine Human Rights Commission. The majority said Congress abrogated the tribe's sovereign immunity through a land claim settlement act that subjected Maine Indians to state laws.

The Maine Indian Claims Settlement Act of 1980 didn't cite the Aroostook Band by name. It was written to settle the land claims of the Penobscot Nation, the Passamaquoddy Tribe and the Houlton Band of Maliseet Indians and to grant them federal recognition.

But the 1st Circuit pointed to a critical section in the act that covers "all" Maine tribes. Even though Congress, in 1991, enacted a law specific to the Aroostook Band that didn't contain a similar provision, the court said the 1980 act applies......



http://www.indianz.com/News/2007/002465.asp