LD 785

LD 785 expanded important state and sales tax benefits for Wabanaki citizens and added a Mi’kmaq Nation Tribal Representative to the Maine Legislature, extending the option to all four Wabanaki Nations. Enrolled members of the Wabanaki Nations, who work for a tribal government, will now receive income tax benefits even if they do not live on tribal land. To incentivize affordable housing construction, this legislation also exempts Wabanaki Nations from Maine sales tax on new manufactured housing that resides on tribal territory or trust lands. In an important step for equity and parity, this bill grants the Mi’kmaq Nation a representative to sit and vote on legislative committees, like the other Wabanaki Nations. Tribal representatives can vote in committee and deliver floor speeches but because of constitutional hurdles cannot vote on the House Floor.  

Behind the Roll Call

Four consecutive Maine Legislatures have now considered bills to implement all or some of the recommendations of the 2019 Bipartisan Task Force on Changes to the Maine Indian Claims Settlement Implementing Act (MICSA). Spearheaded by Sen. Rachel Talbot Ross, an outspoken advocate for tribal self-governance and sponsor of various sovereignty bills, LD 785 began as an omnibus bill, seeking to implement 22 of the taskforce’s recommendations, making necessary and sweeping reforms to MICSA to recognize the Wabanaki Nations as sovereign governments and allow them and surrounding communities to benefit from federal Indian law.

Carried over from the first-half of the 132nd Legislature, LD 785 was substantially amended in committee to add a Mi’kmaq Nation Tribal Representative and grant the Wabanaki Nations important tax exemptions and benefits. Dating back to her days as Attorney General, Gov. Mills has opposed efforts to modernize MICSA and, as governor, has limited the scope of reforms. With her veto pen looming, Wabanaki leaders and the Mills administration negotiated this suite of reforms as a compromise. Gov. Mills signed the amended bill into law on April 15. Thanks to the work of the Wabanaki Alliance, tribal sovereignty has broad support in Maine among both political parties. MCV is hopeful that a new administration will usher in the dawn of a new era for tribal sovereignty in Maine.