Wabanaki nations achieve some progress in legislative session

The Wabanaki nations in Maine achieved some progress during this legislative session but again were denied measures to broadly expand tribal rights. Governor Janet Mills has opposed tribal sovereignty bills that would overhaul the 1980 settlement act during her tenure, so this year tribal leaders focused on more limited deals that would not be vetoed and could be signed into law.

LD 785 had been introduced to enact the remaining recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act. However, it was amended by the legislature's Judiciary Committee to only grant certain income and sales tax exemptions for tribal members. The bill also provides for a representative of the Mi'kmaq Nation to represent the tribe in the legislature, so there now can be four tribal representatives.

Rep. Aaron Dana, the Passamaquoddy representative in the legislature, says the revisions to the bill were negotiated between the tribal chiefs and the governor's office. "We wanted to go full force, but the bill was narrowed down during meetings between the chiefs and the governor." He adds, "There were other things we were aiming for, but we agreed to this." He notes that the governor's stance has been to work on only one portion of law at a time, instead of any sweeping expansion of rights.

Concerning the income and sales tax cuts, Rep. Dana says, "I think it will have a really good impact, particularly for tribal members who are not on the reservations. A lot live off the reservation but in the service area."

The income tax provision allows tribal members to subtract their compensation for services performed as an employee of one of the Wabanaki nations, regardless of whether they live on a reservation or trust land. For tribal members who work in the tribal government and live off the reservation, the income tax exemption "will be pretty impactful, but not life-changing," Rep. Dana says.

As for the sales tax exemption, the new law provides for a state sales tax exemption for sales of new manufactured housing for installation on tribal land. Rep. Dana notes that if tribal members purchase their own modular home they will now be able to save money that can then be used for other costs associated with installing the home. He notes that tribal members are not able to obtain home building loans on tribal lands, so they are currently at a disadvantage.

The new law also expands a sales tax exemption from tribal trust lands to certain fee lands owned by the tribes.

Study on federal laws

Another bill, LD 395, which would have extended federal beneficial laws to the tribes in Maine, was amended to be a legislative resolve to form a working group to make recommendations on the issue and submit a report to the legislature by December so that legislation can be considered during the next session.

"I think it's a good thing," says Rep. Dana. "It keeps it alive so we can bring it up with the next administration." He says the tribes "recognize where we are with the governor's office. We're trying to come together with what she could work with without a big battle or a veto."

"We'd love to more forward with both bills, but we have to play the political process with what we can get passed and signed by the governor," he says.

In 2023 Governor Janet Mills had vetoed a bill to grant the tribes in Maine the benefits of federal laws that apply to all other federally recognized tribes in the country. The 1980 Maine Indian Claims Settlement Act states that federal laws enacted after that date generally do not apply to the Wabanaki nations unless they are explicitly included, which prevents tribes in Maine from accessing numerous federal benefits available to other recognized tribes.

Wabanaki studies funding

The legislature also passed LD 1474 to help fund curriculum for the teaching of Wabanaki studies in public schools in Maine. While the teaching of Wabanaki studies has been mandated following the passage of a law in 2001, the lack of curricula has resulted in the studies not being taught in many schools. "It should have been done a long time ago," Rep. Dana says.

The measure that was enacted authorizes the State Board of Education to adopt rules to require a Wabanaki studies component for teacher certification and requires the Department of Education to begin study of the curricula at least biannually. Funding for a contracted review team to study the curricula and for Wabanaki advisors and professional development for teachers is included in the measure. The law also funds a position within the Department of Education for a Wabanaki studies specialist.