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William Nicholas, Chief of the Passamaquoddy Tribe at Motahkomikuk, addresses the Legislature in 2023. Nicholas outlined a new slate of economic priorities for his tribe before the Judiciary Committee Thursday. (Joe Phelan/Staff Photographer)

AUGUSTA — Wabanaki tribal leaders, state lawmakers and Gov. Janet Mills might not be entirely on the same page. But they’re reading the same book.

Lawmakers on the Judiciary Committee heard from tribal leaders and their allies Thursday during a hearing on two bills that address the applicability of federal Indian law in Maine.

Statements made by tribal chiefs and Mills’ representative hint at a tone shift in the ongoing dialogue between the tribes and the governor.

Both bills are sponsored by Sen. Rachel Talbot Ross, D-Portland, and would make federal Indian law broadly applicable to the Wabanaki Nations. LD 785 would also make other changes recommended in 2020 by a task force of lawmakers and tribal leaders, including repealing restrictions on tribal land acquisition and the expansion of tribal authority over hunting and fishing on their lands.

The narrower bill, LD 395, addresses only the applicability of federal Indian law in Maine and mirrors legislation vetoed by Mills, a Democrat, in 2023. Lawmakers failed to override her veto that year.

Both proposals respond to issues stemming from the 1980 law implementing the Maine Indian land claims settlement. Penobscot Nation Chief Kirk Francis, testifying remotely, called it “one of the most archaic and restrictive settlement schemes in the country with respect to tribal nations.”

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Tribal leaders in Maine, often with the backing of a bipartisan coalition of lawmakers, have in the past sought sweeping changes to that settlement. They often clashed with Mills, who has preferred a step-by-step approach.

“It does feel sometimes like we’re begging for things that really just should be inherent for us,” Clarissa Sabattis, chief of the Houlton Band of Maliseet Indians, said as she briefly grew emotional.

Now, in the waning days of Mills’ administration — and during the run-up to her bid for the Democratic nomination for U.S. Senate in the June primary — the two parties say they’re working in harmony. (Her main competition for the nomination, Graham Platner, stopped by the hearing to pledge his support for Wabanaki priorities and take a shot at the governor’s record on tribal issues).

Jerry Reid, chief legal counsel to Mills, said the governor supports the concept of LD 395 but not the way it is worded.

Clarissa Sabattis, chief of the Houlton Band of Maliseet Indians, in September. “I don’t know what the finished product will be with LD 785, but I feel like these public hearings are important,” she told lawmakers Thursday. (Gregory Rec/Staff Photographer)

Reid’s written testimony began Thursday by stating Mills’ support for the goals outlined in LD 395. This stands in contrast to his testimony on identical legislation in 2023, which began by bemoaning the attempted “override” of federal law in contradiction with state law.

The bills before the committee are unlikely to be signed into law as written.

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“I don’t know what the finished product will be with LD 785, but I feel like these public hearings are important,” Sabattis said.

Reid said in his testimony that he is working with tribal attorneys to draft mutually agreeable language that would achieve the goals outlined in LD 395.

It’s unclear whether the five tribal governments and the governor will find that common ground before the legislative session ends, and Francis stated plainly that it may not happen, noting, “maybe it makes more sense to just wait.”

In the meantime, tribal leaders are also pressing forward in pursuit of changes to Maine tax code that would exempt tribal members and governments from some state taxes.

This comes on the heels of Mills’ decision in January to allow a bill empowering tribes to operate internet gambling in Maine to become law. The governor previously expressed opposition to the expansion of gambling, and elated tribal chiefs celebrated the reversal as an indication of the parties’ aligned momentum.

Chief William Nicholas Sr. of the Passamaquoddy Tribe at Motahkomikuk (Indian Township) wants to harness that momentum.

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He asked lawmakers to expand on progress made in 2022 and exempt tribal employees who live off-reservation from state income tax. Currently, only tribal members who work for the tribe and live on tribal lands enjoy that exemption.

He also called on lawmakers to expand a sales tax exemption that currently applies only on tribal trust lands — lands held by the federal government on behalf of the tribes — to include certain tribal fee land, which are lands for which the tribes themselves hold the title.

Lastly, he asked for the creation of a sales tax exemption for manufactured homes purchased by tribal members and installed on tribal lands.

Nicholas called the amendments a “commonsense change” that would give “much needed economic relief.”

Lawyers for the tribes and the governor are actively exchanging legislative language on these proposals, Reid told the committee, indicating the proposals may appear in an amendment to LD 785.

Reuben M. Schafir is a Report for America corps member who writes about Indigenous communities for the Portland Press Herald.

Reuben, a Bowdoin College graduate and former Press Herald intern, returned to our newsroom in July 2025 to cover Indigenous communities in Maine as part of a Report for America partnership. Reuben was...

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