The first half of the legislative session has concluded.

✅ LD78: Passed
✅ LD 229: Passed
✅ LD 1620: Passed
✅ LD 1970: Passed
❌ LD 336: Died
❌ LD 1115: Died
❌ LD 2004: Died

Sponsor: House Speaker Rachel Talbot Ross, D-Portland
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bill would restore language regarding Maine Indian treaty obligations to all printed copies of the Maine Constitution. In 1876, the state constitution was amended to remove certain sections of Article X from print. Article X incorporates most of the 1819 act that separated Maine from Massachusetts and includes a timeline for starting the new Maine government. Section 5 of the article, one of three affected by the 1876 amendment, clarifies Maine’s obligation to uphold and defend treaties made between Massachusetts and the Passamaquoddy and Penobscot Nations. While the three sections remain in force and can be read online, the 1876 amendment prohibits their inclusion in printed versions of the constitution. LD 78 is an amendment to the state constitution that would require that Section 5 be included in all printed copies of the constitution. Constitutional amendments require passage by two-thirds of each legislative chamber before advancing to the voters for approval. Learn more about the removal of section 5 in this report or watch REDACT, a recording of a Maine Historical Society panel discussion on the topic. Read the complete bill text»

The Committee on Judiciary held a public hearing on LD 78 Tuesday, March 7 (read the public testimony). At a March 16 work session, LD 78 was amended to stipulate that all provisions of Article X, not just Section 5, be included in printed version of the constitution. The committee voted that the bill Ought to Pass as Amended.

✅ STATUS: The bill passed and now goes to the voters.
The bill was enacted by the House and the Senate under the hammer (no roll call). It will go to the voters on November 7. 

TAKE ACTION
Stay tuned for actions you can take in support of LD 78! 

Sponsor: Rep. James F. Dill, D-Old Town
The Wabanaki Alliance supports this bill. 

SUMMARY
This bill adds tribal governments to an existing state law regarding reimbursement for law enforcement training. That statute stipulates that a government must reimburse training costs whenever it hires a full-time law enforcement officer whose training was paid by another government entity. This requirement only applies within five years of the hired officer’s graduation from a police academy. LD 229 would add tribal governments and full-time law enforcement officers trained at the U.S. Indian Police Academy at the Federal Law Enforcement Training Center to the list of governments eligible for reimbursement. Read the complete bill text»

The Committee on Criminal Justice and Public Safety held a public hearing April 20. (Read the public testimony.) A work session was held April 26 and the committee voted unanimously that the bill Ought to Pass. 

✅ STATUS: The bill is law!
The bill passed the House and the Senate under the hammer (no roll call) and became law without the governor’s signature. 

Sponsor: Rep. Rachel Talbot Ross, D-Portland
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bill is historic legislation that achieves parity for the Mi’kmaq Nation with the other Wabanaki tribes in Maine. Since 1991 when the Mi’kmaq gained federal recognition, the tribe has been the only Wabanaki Nation without an agreed-upon jurisdictional arrangement with Maine. The legislation addresses powers of self-government, including control over internal tribal matters, ordinance authority, regulatory authority over natural resources, sustenance fishing rights, court jurisdiction and potential development of its own police department. Establishing the clear jurisdictional status of the Mi’kmaq Nation will allow its tribal government to be approved for more federal and state discretionary funds, grants and loans that will benefit both its citizens and the region. More importantly, LD 1620 will support the development of essential Mi’kmaq programs and governmental institutions key to Mi’kmaq political development consistent with the finding in the Harvard report identifying the development of Indigenous governmental capacity as the cornerstone of economic prosperity. The legislation, with support of the House Leadership, is the result of numerous lengthy discussions since January 2023 between the Mi’kmaq Nation, the Governor’s Office and the Maine Attorney General’s Office. Read the complete bill text»

The Judiciary Committee held a public hearing May 31 (read the public testimony) and a work session June 6. They voted 11-3 that the bill Ought to Pass.

✅ STATUS: The bill is law!
The bill passed the House 98-48 and the Senate 31-0 (see how your legislators voter) and was signed by the governor. 

Sponsor: Sen. Donna Bailey, D-York
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bill establishes procedures and standards for cases involving Wabanaki children that concern custody proceedings, foster care placements, termination of parental rights and adoptions. The legislation seeks to codify in state law protections currently guaranteed under the 1978 Indian Child Welfare Act, which sought to address the alarmingly high number of American Indian and Alaska Native (AI/AN) children who were forcibly removed from their families by state and private agencies and placed outside their communities. Four cases currently before the U.S. Supreme Court seek to weaken or even overturn the law. Oral arguments on the cases, which were heard together, were held in November 2022 and a decision is expected this year. LD 1970 would preserve and strengthen Penobscot, Passamaquoddy, Mi’kmaq and Maliseet families in Maine by preventing out-of-home placement whenever possible. Its goals are to maintain family ties, reunify families and provide kinship/tribal permanency plans for children who cannot return home. The bill also spells out guidelines to ensure that Wabanaki children in custody are able to access culturally appropriate services that help them grow up safe and healthy. If enacted, Maine will join 12 other states that have codified ICWA protections on the state level. Read the complete bill text»

The Committee on Judiciary held a public hearing May 31 (read the public testimony) and a work session on June 6. They voted the bill Ought to Pass as amended. 

✅ STATUS: The bill is law!
The bill passed under the hammer in the House (no roll call) and in the Senate by a vote of 32-0 (see how your senator voted) and was signed by the governor.

Sponsor: Rep. Jennifer L. Poirier, R-Skowhegan
The Wabanaki Alliance opposes this bill.

SUMMARY This bill would create a Commission on Native American Affairs, a five-member panel appointed by the governor to review and make recommendations on applications for state recognition of Native American Indian tribes in the state. The ultimate decision whether to confer state recognition would rest with the Legislature. The bill also proposes that state-recognized Native American Indian tribes and their members “remain subject to all of the laws of the state and recognition may not be construed to grant the recognized Native American Indian tribe or its members any right or claim to land or real estate in the state or the right to conduct any gambling activities otherwise prohibited by law.” LD 336 is the latest attempt to bypass the federal recognition process established by the Office of Federal Acknowledgment within the Office of the Assistant Secretary–Indian Affairs. The four Wabanaki Nations believe that this federal process should be the one to determine whether a group merits recognition. Read the complete bill text»

The Committee on Judiciary held a public hearing on March 15 (read the public testimony) and work sessions on May 25 and June 6. They voted 12-2 that the bill Ought Not to Pass.

❌ STATUS: The bill is dead. The bill died in the House 76-66 (see how your representative voted).

Sponsor: Rep. Benjamin T. Collings, D-Portland
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bill requires the Department of Economic and Community Development to allocate 10% of the available economic development funds in the Community Development Block Grant Program, funded by the U.S. Department of Housing and Urban Development, on an equitable basis to federally recognized Indian tribes in Maine. This would dedicate a stable source of revenue to Wabanaki Nations for economic development, benefiting them and the surrounding Maine communities. The legislation also requires the department to work with  federally recognized Indian tribes in Maine to develop a plan to ensure those tribes have equitable access to the New Markets Tax Credit Program administered through the U.S. Department of the Treasury’s Community Development Financial Institutions Fund. Read the complete bill text»

The Committee on Innovation, Development, Economic Advancement and Business held a public hearing March 28. (Read the public testimony.) A work session was held April 14 and the committee voted Ought Not to Pass, ending any consideration of the bill this legislative session.

❌ STATUS: The bill is dead.

Sponsor: Rep. Rachel Talbot Ross, D-Portland
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bipartisan bill amends the 1980 Maine Indian Claims Settlement Act and the Aroostook Band of Micmacs Settlement Act so that the Wabanaki tribes can benefit from most existing and future federal laws that apply to the other 570 federally recognized tribes.  Under the Settlement Acts, when Congress passes federal legislation for tribes nationwide, the tribes in Maine must be explicitly written into the legislation. The Wabanaki Nations are the only federally recognized tribes to be treated in this way. LD 2004 would modernize the Settlement Acts, ensuring that the tribes in Maine are not excluded when Congress passes federal legislation for tribes nationwide as they have been at least 151 times in the past 40 years, according to a 2019 report by the Suffolk University Law School. This would benefit not only the Wabanaki Nations, but also rural Maine, according to a 2022 analysis by the Harvard Project on American Indian Economic Development. The bill excludes federal tribal gaming laws, stipulating that the Wabanaki Nations would be subject to state gaming laws. The bill is similar to HR 6707, sponsored last year by Rep. Jared Golden, D-Maine. That legislation passed the U.S. House with bipartisan support but failed in the Senate. Unlike Golden’s bill, LD 2004 would also apply retroactively to already enacted federal legislation that excluded tribes in Maine, ensuring that they gain the full benefit of federal Indian policy in the U.S. that has supported tribal self-determination through tribal self-government for more than 40 years. Read the complete bill text»

The Judiciary Committee held a public hearing May 31 (read the public testimony) and work sessions on June 6 and June 15. The committee voted 10-4 that the bill ought to pass.  

❌ STATUS: The bill is dead.
The bill passed the House 100-47 and the Senate 26-8 (see how your legislators voted). Despite its broad bipartisan support and the overwhelming approval in the Legislature, Gov. Janet Mills vetoed the bill anyway. In an override vote, the House fell short of the two-thirds required for the bill to become law over the governor’s objections. (See how your representative voted.)
Read our statement on the veto override vote. 

Sponsor: Sen. Craig V. Hickman, D-Kennebec
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bill provides that a member of a federally recognized Indian nation, tribe or band is not required to pay a fee for admission to or use of any state-owned park or historic site managed by the state of Maine. An amendment to the bill proposed in committee also waives camping fees. Read the complete bill text»

STATUS: Bill will be carried over
The Committee on Agriculture, Conservation and Forestry held a public hearing on Jan. 25. (Read the public testimony.) Although the committee originally voted that the bill Ought to Pass as amended, the committee voted to table the bill at a work session on May 22. It will be held over to the second half of this legislative session.

Sponsor: Rep. Benjamin T. Collings, D-Portland
The Wabanaki Alliance supports this bill. Read our testimony»

SUMMARY
This bill would add a Wabanaki citizen to the Baxter State Park Authority, which has full power in the control and management of Baxter State Park. The nominee would be appointed by the governor based on a joint recommendation by tribal governments of the Mi’kmaq Nation, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at Motahkomikuk, the Passamaquoddy Tribe at Sipayik and the Penobscot Nation.
Read the complete bill text»

STATUS: Bill will be carried over
The Committee on Agriculture, Conservation and Forestry held a public hearing on Feb. 13. (Read the public testimony.) The committee tabled the bill during a May 22 work session and it will be carried over to the second half of the legislative session. 

Sponsor: Rep. Joseph C. Perry, D-Bangor
The Wabanaki Alliance supports this bill. 

SUMMARY
This bill provides the Mi’kmaq Nation with sales tax revenue for sales occurring on Mi’kmaq Nation territory. The legislation is modeled after a similar bill passed last year that provided for sales tax revenue for the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians. Read the complete bill text»

The Committee on Taxation held a public hearing at May 24 (read the public testimony). During a May 25 work session, the committee voted that the bill Ought to Pass as amended.

🎙️ STATUS: Bill will be carried over.
The bill was enacted in the House by a voice vote (no roll call) and was placed on the Special Appropriations table in the Senate pending a final vote for enactment. Legislators voted to carry the bill over to the second half of the legislative session. 

Sponsor: Rep. Laurie Osher, D-Orono
The Wabanaki Alliance supports this bill.

SUMMARY
This bill aims to strengthen the Wabanaki Studies Law, landmark legislation passed in 2001 that requires Maine schools to teach K-12 students about Wabanaki history, culture and economic and government systems, as well as the Wabanaki Nations’ relationships with other governments. A report released on Indigenous Peoples’ Day in 2022 found that many Maine schools have failed to include Wabanaki Studies consistently and appropriately in their curriculum and that the law is not being meaningfully enforced. LD 1642 establishes the Wabanaki Studies Commission to ensure Wabanaki studies are included in education curricula. The bill also provides permanent funding for resources, materials and continuing education for teachers and encourages teachers to acquire Wabanaki studies content knowledge and instructional skills to enhance their ability to teach Wabanaki studies curricula. Read the complete bill text»

STATUS: Bill will be carried over
The Committee on Education and Cultural Affairs tabled the bill during a work session on May 25 and it will be carried over to the second half of this legislative session. 

Sponsor: Speaker Rachel Talbot-Ross, D-Portland
The Wabanaki Alliance supports this bill.

SUMMARY
This bill would modernize the 1980 Settlements Acts and is based on some of the consensus recommendations from the bipartisan Task Force on Changes to the Maine Indian Claims Settlement Implementing Act. LD 2007 would restore tribal sovereignty to the Wabanaki Nations by establishing establish that the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and the Mi’kmaq Nation have the same rights to self-determination as other federally recognized Indian tribes within the United States. Read the complete bill text»

STATUS: Bill will be carried over
Stay tuned for more information on the bill and actions you can take to support its passage.