This story was originally published by Maine Morning Star.

Emma Davis
Maine Morning Star

The Maine Legislature backed some tax benefits for the Wabanaki Nations and the creation of a task force — narrow steps compared to the bills’ initially far more ambitious aims to fully restore sovereignty to the four tribes, walked back after opposition from Gov. Janet Mills.

One bill would create additional tax exemptions for tribal members, which drew objections from some Republicans. The other would create a task force to assess the Wabanaki Nations’ access to beneficial federal laws, as it is currently limited.

The Maine House of Representatives and Senate enacted both bills on April 14, setting them on a likely path to become law with the governor already on board.

These compromises solidify Mills’ legacy of blocking sweeping overhauls of the Tribal-State relationship while ushering through piecemeal reforms. The Democratic governor terms out this year and is running for U.S. Senate.

The Penobscot Nation, Passamaquoddy Tribe, Houlton Band of Maliseet Indians and Mi’kmaq Nation — collectively known as the Wabanaki Nations — are treated differently than other federally recognized tribes, more akin to municipalities than sovereign nations because of a 1980 land settlement agreement.

The Maine Legislature formally recognized a need to alter the Maine Indian Claims Settlement Act in 2019 by tasking a group of state legislators and tribal chiefs to recommend changes. Those 22 recommendations have been taken up in several proposals with varying success.

LD 785 started out as omnibus legislation that would implement the remaining task force recommendations. LD 395 had originally sought to adopt one of the recommendations, restoring the Wabanaki Nations’ access to beneficial federal laws.

LD 395 was turned into a resolve to create a task force reminiscent of the one the Legislature convened in 2019. The amended version of LD 785 now offers tax exemptions and allows the Mi’kmaq Nation to have a representative in the State House. The other three tribes already have that right, though only two currently send representatives. They cannot vote on the floor but can speak, vote in committees and present legislation.

While Republicans did not object to the representative component, several raised concerns about the tax exemptions.

“Maine, families and businesses across the state are working hard, paying income taxes, paying sales taxes and paying property taxes. They’re doing so without access to these kinds of exemptions proposed in this bill,” Rep. Jennifer Poirier (R-Skowhegan) said on Monday. “The question’s not about opposition to any group. It’s about equal treatment under the law.”

Poirier added that the change will also result in lost revenue for the state.

The Wabanaki Nations are government entities that are responsible for providing essential services to their tribal members, such as operating schools, health care facilities and court systems, said Rep. Amy Kuhn (D-Falmouth), speaking in favor of the bill.

“It is true that it will result in less revenue to the state,” Kuhn said, “but those are also offsetting services that the state will not be providing. The Tribes will be providing that and that’s why they need that revenue.”

LD 785 requires ongoing expenses both for the tribal representative to the Legislature and to account for the general fund decrease. In fiscal year 2027 it’ll cost $317,144 but more in future years. The budget committee granted that allocation late Monday night, and the Senate gave its final approval Tuesday.

While each of the Tribes agreed to the compromises in the amended legislation, they made clear that long-term efforts to restore sovereignty remain unaddressed.

“It’s unfortunate that we couldn’t get to a place to address the substantive issues of the sovereignty bill,” Penobscot Nation Chief Kirk Francis said during committee work on the bills. “I don’t see this as a replacement for that bill or a substitute for it, but more of a vehicle to get to the good things that we were able to accomplish.”

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