Latest news with #HoultonBandofMaliseetIndians
Yahoo
16-05-2025
- Politics
- Yahoo
Legislature considers offering Wabanaki Nations more gambling revenue
Emma DavisMaine Morning Star Among the many federal laws that do not apply to the Wabanaki Nations due to a land settlement act is one that offers federally recognized tribes the right to exclusively regulate and take in revenue from gambling on tribal lands. Last month, the majority of the Maine Legislature's Veterans and Legal Affairs Committee voted in favor of a bill, LD 1164, that would give the Wabanaki Nations exclusive rights to operate internet gaming in Maine, though Wabanaki leaders say there is not much appetite from the governor for that change and the privately owned casinos are opposed, which could hamper that bill's chance of success. On Wednesday, the committee heard testimony on another proposal, LD 1851, which, rather than altering the structure of who controls gaming, seeks to provide equality among the Wabanaki Nations in how much revenue they are provided from slot machine income in the state. 'One of the primary purposes of this bill is parity,' said Zeke Crofton-Macdonald, Tribal Ambassador for the Houlton Band of Maliseet Indians. The federal Indian Gaming Regulatory Act of 1988 codified that tribes have the exclusive right to regulate gaming on their lands, unless the state in which it operates prohibits such gaming under its criminal laws. However, the 1980 Maine Indian Claims Settlement Act has made it so the Wabanaki Nations are treated more akin to municipalities than independent nations, one way being that the Tribes are unable to benefit from any federal law passed after 1980, unless they are specifically mentioned in the law. In 2022, the Maine Legislature amended the Settlement Act to permit the Tribes to handle sports betting, so the legislation being considered this session would build off of that earlier expansion. Sponsored by Rep. Marc Malon (D-Biddeford) and co-sponsored by Sen. Rachel Talbot Ross (D-Cumberland), LD 1851 would increase the total net slot machine income to be collected and distributed by a casino from 39% to 46%, which would only impact Hollywood Casino, Hotel and Raceway in Bangor, as Oxford Casino is currently at that percentage. It would then provide 7% of that income to the tribal governments of the Houlton Band of Maliseet Indians and the Mi'kmaq Nation. 'It is a matter of fairness and brings us a small step closer toward a more just relationship with the sovereign Indigenous nations whose land we live on,' Malon said. The bill would not change the arrangement that is currently in place between the Oxford Casino and the other two tribes of the Wabanaki Nations — the Passamaquoddy Tribe and Penobscot Nation. Oxford Casino pays 4% of its slot revenue to those two tribes, which Penobscot Chief Kirk Francis said was a deal struck when the casino first opened as a way for the Tribes to benefit without pursuing competing gaming, an agreement he said has been helpful for economic development. 'We don't want to take from the other tribes,' Chief of the Houlton Band of Maliseet Indians Clarissa Sabattis said, regarding the reasoning as to why the bill doesn't pull from the same pot of revenue as the other two tribes. While the percentages are different, they equate to roughly the same revenue, around $3.5 million. The bill would also bring parity among the casinos, as Mi'kmaq Nation Chief Edward Peter Paul put it, because it would raise the slot machine income provided by both casinos to the same percentage. However, Chris Jackson, a partner in the lobby firm Mitchell Tardy Jackson in Augusta who spoke on behalf of his client Hollywood Casino, argued that change would be harmful to the casino financially because it would alter its tax rate. 'As long as our effective tax rate stays the same,' Jackson said, 'we are open to suggestions.' While both bills related to gaming revenue could be passed, Sabattis told Maine Morning Star she anticipates the slot revenue bill will not be as necessary should the Tribes gain control of internet gaming, though she sees that path as the less likely outcome. Testimony from the casinos against the online gaming bill also signal that. Steve Silver, chair of the Maine Gambling Control Board, argued that should that bill pass, Oxford Casino should no longer be required to pay slot revenue to the tribes. Another bill the committee heard on Wednesday, LD 1838, would authorize electronic wagering terminals to conduct electronic beano by federally recognized tribes, among some other changes, which Sabattis and Francis testified in support of. Overall, Wabanaki leaders argue their inability to access the Indian Gaming Regulatory Act, and other restrictions under the Settlement Act, has caused them to lose out on revenue and therefore hurt their ability to provide services to their citizens. This is supported by a 2022 report by a team of researchers from the Harvard Kennedy School that the comparatively lower economic growth the Wabanaki Nations have seen compared to other federally recognized tribes and the average Mainer is likely the result of the Settlement Act. 'All of our tribes have significant unmet needs and underfunded programs,' Sabattis told the committee, noting that her tribe would put revenue provided through this bill toward its wellness court, in turn reducing strain for social services on the state and towns. The Wabanaki Alliance, a nonprofit created in 2020 to advocate for the recognition of the Wabanaki Nations' inherent sovereignty, hasn't taken a position on LD 1851, according to executive director Maulian Bryant.
Yahoo
14-05-2025
- Politics
- Yahoo
Wabanaki tribe reclaims seat in Maine House as relations improve
May 14—AUGUSTA — The Houlton Band of Maliseet Indians has returned a representative to the Maine House of Representatives for the first time since 2018, a sign of a improved relations between the state and the Wabanaki tribes. Brian Reynolds, the tribal administrator for nearly two decades, was sworn into office on Wednesday by Gov. Janet Mills for a term that will end on Oct. 31, 2026, filling the second of three House seats reserved for tribal members. Reynolds, 56, said he's looking forward to educating lawmakers about tribal issues and how strengthening tribes can also strengthen surrounding, non-tribal communities in Aroostook and Washington counties, which he feels are under represented in Augusta. "There's a lot of good people who live in those areas and the tribes work really well with our surrounding towns," Reynolds said. "I would like to be a part of helping my tribe help the people of the area, because there's lots of for sale signs in windows and stores. I think there is a lot of opportunity for economic development and other things in that area that will help everybody." Three tribes — the Penobscot, Passamaquoddy and the Houlton Band of Maliseet Indians — have the option of seating a member in the Maine House, where they can participate in debate and cast symbolic votes, meaning they don't count towards the final tally but allows them to register their positions. But those three seats have been mostly vacant since 2015. The Penobscot and and Passamaquoddy Tribes withdrew their representatives that year after former Republican Gov. Paul LePage rescinded an executive order to improve cooperation with the tribes. At the time, LePage said state's "interests have not been respected." The Houlton Band of Maliseets, which currently has about 1,700 members, maintained the tribe's seat until 2018. Only the Passamaquoddy Tribe has seated a member in recent years. Reynolds said the tribal council's decision comes after successfully creating an ambassador position to work with lawmakers and is a reflection of improved relationships and respect for tribal voices. "I've been in tribal administration, I've been on tribal council, and the atmosphere here is the best I've seen in probably 20 years of semiregular trips to Augusta, testifying on bills and so forth," he said. Maulian Bryant, the executive director of the Wabanaki Alliance, which advocates for tribal interests at the State House and a former ambassador for the Penobscot tribe, agreed that the seating of another tribal representative reflects improved relations, which has led to the passage of several bills helping tribes. "This role of tribal representative in the state Legislature has really had pros and cons for communities throughout the years," Bryant said. "It feels like a seat at the table, and there have been times it's been really important. And there's been times when the state really hasn't respected them. "We seem to be in a place right now where ... the state seems to be embracing them and really honoring their roles." Passamaquoddy tribal Rep. Aaron Dana said he's excited to have another tribal voice to help advocate for pending initiatives — whether it's full sovereignty or incremental changes to help tribes, such as expanding internet gaming, improving tribal policing and ensuring tribes receive the same benefits as other federally recognized tribes. "Having more representation here is a great thing," Dana said. "We have four tribes. I wish we could have four representatives, so that each tribe is represented specifically and in a way they can speak on behalf of their own people." The seating of Reynolds came on the same day that chiefs from five tribes in Maine were scheduled to deliver a State of the Tribes address. But that speech, which was delivered for the first time in two decades last year, was cancelled because of a scheduled conflict. Tribal representatives, along with an expansive network of allies, have been pushing for Maine to recognize tribal sovereignty since 2019. Unlike other federally recognized tribes, tribal communities in Maine are treated more like municipalities because of pair of state and federal laws enacted in the 1980's to settle tribal claims to two-thirds of the state. Tribal leaders say the agreements make it difficult for them to meet the needs of their members and that full sovereignty would help tribes and surrounding communities desperate for economic development. Despite bipartisan support in the Legislature, Gov. Janet Mills has opposed sweeping bills to restore sovereignty, warning of unintended consequences and the possibility of messy litigation. She has instead supported efforts to address specific issues. Tribes have notched several incremental steps towards sovereignty, including having exclusive rights to online sports betting, providing tax relief for tribal members, implementing a state-level Child Welfare Act, and expanding jurisdiction of tribal courts, among others. While tribes have so far fallen short of full sovereignty, Bryant said Indigenous communities have made progress under the current administration. "I don't want to speak for all people in all places, but I think you can see some of the bills we've been able to pass in the past couple years — there is progress in this relationship, and I hope for good things and that there's a lot of healing," Bryant said. Copy the Story Link
Yahoo
07-05-2025
- Politics
- Yahoo
Legislature considers paths to afford Wabanki Nations more revenue from gambling
Chief of the Houlton Band of Maliseet Indians Clarissa Sabattis testifies in favor of a bill to provide parity in gaming revenue among the Wabanaki Nations on May 7, 2025. (By Emma Davis/ Maine Morning Star) Among the many federal laws that do not apply to the Wabanaki Nations due to a land settlement act is one that offers federally recognized tribes the right to exclusively regulate and take in revenue from gambling on tribal lands. Last month, the majority of the Maine Legislature's Veterans and Legal Affairs Committee voted in favor of a bill, LD 1164, that would give the Wabanaki Nations exclusive rights to operate internet gaming in Maine, though Wabanaki leaders say there is not much appetite from the governor for that change and the privately owned casinos are opposed, which could hamper that bill's chance of success. On Wednesday, the committee heard testimony on another proposal, LD 1851, which, rather than altering the structure of who controls gaming, seeks to provide equality among the Wabanaki Nations in how much revenue they are provided from slot machine income in the state. 'One of the primary purposes of this bill is parity,' said Zeke Crofton-Macdonald, Tribal Ambassador for the Houlton Band of Maliseet Indians. The federal Indian Gaming Regulatory Act of 1988 codified that tribes have the exclusive right to regulate gaming on their lands, unless the state in which it operates prohibits such gaming under its criminal laws. However, the 1980 Maine Indian Claims Settlement Act has made it so the Wabanaki Nations are treated more akin to municipalities than independent nations, one way being that the Tribes are unable to benefit from any federal law passed after 1980, unless they are specifically mentioned in the law. In 2022, the Maine Legislature amended the Settlement Act to permit the Tribes to handle sports betting, so the legislation being considered this session would build off of that earlier expansion. Sponsored by Rep. Marc Malon (D-Biddeford) and co-sponsored by Sen. Rachel Talbot Ross (D-Cumberland), LD 1851 would increase the total net slot machine income to be collected and distributed by a casino from 39% to 46%, which would only impact Hollywood Casino, Hotel and Raceway in Bangor, as Oxford Casino is currently at that percentage. It would then provide 7% of that income to the tribal governments of the Houlton Band of Maliseet Indians and the Mi'kmaq Nation. 'It is a matter of fairness and brings us a small step closer toward a more just relationship with the sovereign Indigenous nations whose land we live on,' Malon said. The bill would not change the arrangement that is currently in place between the Oxford Casino and the other two tribes of the Wabanaki Nations — the Passamaquoddy Tribe and Penobscot Nation. Oxford Casino pays 4% of its slot revenue to those two tribes, which Penobscot Chief Kirk Francis said was a deal struck when the casino first opened as a way for the Tribes to benefit without pursuing competing gaming, an agreement he said has been helpful for economic development. 'We don't want to take from the other tribes,' Chief of the Houlton Band of Maliseet Indians Clarissa Sabattis said, regarding the reasoning as to why the bill doesn't pull from the same pot of revenue as the other two tribes. While the percentages are different, they equate to roughly the same revenue, around $3.5 million. The bill would also bring parity among the casinos, as Mi'kmaq Nation Chief Edward Peter Paul put it, because it would raise the slot machine income provided by both casinos to the same percentage. However, Chris Jackson, a partner in the lobby firm Mitchell Tardy Jackson in Augusta who spoke on behalf of his client Hollywood Casino, argued that change would be harmful to the casino financially because it would alter its tax rate. 'As long as our effective tax rate stays the same,' Jackson said, 'we are open to suggestions.' While both bills related to gaming revenue could be passed, Sabattis told Maine Morning Star she anticipates the slot revenue bill will not be as necessary should the Tribes gain control of internet gaming, though she sees that path as the less likely outcome. Testimony from the casinos against the online gaming bill also signal that. Steve Silver, chair of the Maine Gambling Control Board, argued that should that bill pass, Oxford Casino should no longer be required to pay slot revenue to the tribes. Another bill the committee heard on Wednesday, LD 1838, would authorize electronic wagering terminals to conduct electronic beano by federally recognized tribes, among some other changes, which Sabattis and Francis testified in support of. Overall, Wabanaki leaders argue their inability to access the Indian Gaming Regulatory Act, and other restrictions under the Settlement Act, has caused them to lose out on revenue and therefore hurt their ability to provide services to their citizens. This is supported by a 2022 report by a team of researchers from the Harvard Kennedy School that the comparatively lower economic growth the Wabanki Nations have seen compared to other federally recognized tribes and the average Mainer is likely the result of the Settlement Act. 'All of our tribes have significant unmet needs and underfunded programs,' Sabattis told the committee, noting that her tribe would put revenue provided through this bill toward its wellness court, in turn reducing strain for social services on the state and towns. The Wabanaki Alliance, a nonprofit created in 2020 to advocate for the recognition of the Wabanaki Nations' inherent sovereignty, hasn't taken a position on LD 1851, according to executive director Maulian Bryant. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
13-03-2025
- Politics
- Yahoo
Wabanaki leaders say proposed state recognition process could hinder sovereignty fight
A participant in a Wabanaki Alliance rally on Indigenous Peoples' Day at the Maine State House in Augusta. Oct. 9, 2023. (Jim Neuger/ Maine Morning Star) As the Wabanaki Nations continue to push for the sovereignty afforded to other federally recognized tribes, some of their leaders are concerned that a separate, longstanding effort to establish a state recognition process could undermine that work. But those who support creating this new path to recognition, including Republican legislators and some individual tribal members, argue the Wabanaki Nation's ongoing fight for self-determination shouldn't factor into their efforts. The Wabanaki Nations — the Houlton Band of Maliseet Indians, Mi'kmaq Nation, Passamaquoddy Tribe and Penobscot Nation — have federal recognition, which, in theory, gives them the right to self-govern and makes them entitled to certain benefits and federal protections. However, the 1980 Maine Indian Claims Settlement Act has left the Wabanaki Nations with footing more akin to municipalities than independent nations. Overhauling that act is the fight for sovereignty Wabanki leaders and a growing number of bipartisan lawmakers have been pushing for years, though so far have only seen success with piecemeal change. The Wabanaki Nations do not have state recognition, though that's not as abnormal. Some states have adopted state recognition processes, affording non-federally recognized tribes a path to official acknowledgement but in a way that doesn't afford the same sovereignty or access to resources. That's the type of process state Rep. Jennifer Poirier (R-Skowhegan), along with several Republican co-sponsors, are trying to adopt in Maine. LD 813 would establish a commission appointed by the governor to review applications for state recognition. Tribes who are granted recognition would remain subject to state laws but it wouldn't afford them the right to claim land or conduct gambling activities otherwise prohibited by law. Though, Poirier said she hopes LD 813 becomes unnecessary because of her other bill, LD 812, which seeks to provide state recognition for a group called the Kineo St. John Tribe. That measure would afford such recognition without the processes detailed by the former bill. This group, formerly under the name the Kineo Band of Malecite, another spelling for Maliseet, has pushed for this recognition for more than a decade but legislative attempts have so far failed. 'This feels like a step backwards,' Wabanaki Alliance Executive Director Maulian Bryant told Maine Morning Star about the state recognition attempt. 'We feel strongly about the validity of the federal process, and going through that. We don't want to complicate an already complicated situation that's been going on for over 40 years now while we're trying to make progress.' When faced with these objections during the bills' public hearing in the Judiciary Committee on Wednesday, Poirier asked, 'When will the timing ever be right? Two years, 10 years, 50 years? This isn't a valid reason to deny recognition.' Poirier and the co-sponsors of these bills — Reps. Joshua Morris of Turner, Shelley Rudnicki of Fairfield, David Boyer of Poland, and Chad Perkins of Dover-Foxcroft (who is only co-sponsoring LD 813) — have for the most part voted against proposals to amend the Settlement Act, though Boyer has supported certain changes. They all opposed the most substantive change made so far last session through a law that now permits the Wabanaki Nations to prosecute more serious offenses committed on tribal territory by tribal members. These lawmakers varied in their support of another bill last session that would have allowed the Wabanaki Nations to benefit from more federal laws. Poirier, Morris and Perkins voted against the measure, while Boyer voted for it and Rudnicki was absent. Poirier, Morris and Rudnicki voted against the last omnibus sovereignty bill considered on the floor in the 130th Legislature, LD 1626, while Perkins was absent. Boyer was not yet a representative. The U.S. government historically granted federal recognition through treaties, acts of Congress or executive branch decisions. The regulatory process developed in 1978 created another path for recognition. . 'Federally recognized tribes are not recognized on our race as Indigenous people,' Bryant said. 'It's because of our political classifications.' The regulatory process requires petitioning tribes to submit evidence that essentially shows that they have continuously existed as a tribe since historic times. The process often takes decades and requires considerable resources, both financial and through rigorous documentation. The Passamaquoddy Tribe and Penobscot Nation gained federal recognition as a result of a 1975 court case, Passamaquoddy Tribe v. Morton, which established a trust relationship between the tribes and the federal government. It was the first step of the land settlement agreement of 1980, which then provided federal recognition to the Houlton Band of Maliseet Indians. The Mi'kmaq Nation didn't receive federal recognition until 1991 after a long process of petitioning the U.S. government. Federal recognition remains the primary way tribes are recognized but some states have adopted their own processes largely as a way to acknowledge a tribe's historic and cultural contributions. However, some of these state processes have been criticized by federally recognized tribes for their comparative lack of rigor. They have fallen under particular scrutiny after a Canadian tribe asserted groups afforded state recognition by Vermont are not Indigenous and are instead appropriating their identity and culture. Vermont is now considering a task force to reconsider past tribal recognition decisions by the state. Bryant shared apprehension about such an outcome during the public hearing. 'The concerns within the Wabanaki Alliance are appropriating tribal identity and validity, maybe not the group in question right now [the Kineo tribe], but it could lead to groups down the road basically meeting a much lower threshold set by state government,' Bryant said. Former Tribal Representative for the Houlton Band of Maliseet Indians David Slagger has been a vocal proponent of the state recognition effort since the first iteration of these bills in 2012 and has said he is a descendant of the Kineo Malecites. On Wednesday, Slagger called the current process 'convoluted with politics and greed.' Instead, he said he wants to see a process that airs on the side of inclusion. In her interview with Maine Morning Star, Bryant emphasized, 'We don't want to make this about the people involved. We really want to focus on the process.' The state recognition process LD 813 seeks to establish would require tribes to submit documentation to a governor-appointed commission to prove several ways that the group is connected to the land that is now Maine and that its members are connected to one another, a model similar to that used in Vermont. For example, this would include proving a majority of the applicant's members currently live in a specific geographic location in Maine and that a 'substantial number' of the applicant's members are related by kinship, specifically by tracing ancestry to a kinship group through genealogy or other methods. The composition of the commission that would review documentation of these requirements was a key point of disagreement during the public hearing. It would be made up of five members appointed by the governor based on the recommendations of the Chancellor of the University of Maine System. The bill states that these members must be residents of Maine for at least five years and, as a whole, should have different areas of expertise and live in different geographic regions. Poirier told the committee this proposed composition is somewhat based on the process of other states as well as because the university has some experts on tribal history. Bryant raised concern about the commission not including or collaborating with the Wabanaki Nations in making its determinations, which she argued could set a dangerous precedent of the state being the decider of who is Indigenous. While Poirier said she isn't opposed to members of the Wabanki Nations being on the commission, she purposefully did not write the bill to require such representation, 'because that's what we've been running into for the past more than a decade now, that it's tribe against tribe,' referring to historic pushback from the Wabanaki Nations of state recognition of a separate Kineo tribe. That tension is what Lisa Montgomery, a citizen of the Penobscot Nation who grew up on Indian Island, focused on in her testimony neither for nor against the bills. 'There have been intertribal tensions prior to European contact, and because of the European contact, which continues today,' Montgomery said. '… I ask that you consider these comments and give at least the opportunity for healthy dialogue around the recognition of all tribal people who can establish their presence in what is now called Maine.' While testimony often focused on the idea of acknowledgement for legitimacy, funding would also be in play. 'The Kineo Tribe is not requesting state funding, land claims or jurisdictional authority or the right to conduct gaming,' Poirier said. 'They seek only state recognition, which would allow them to access grants for cultural preservation and economic development.' The bill states that in addition to reviewing applications, the commission can accept funds from the state and federal government to be used for improving tribal social services, education, employment opportunities, health care, housing and cultural events. Vermont's law has allowed its state-recognized tribes to receive federal grants, school scholarships, sell arts and crafts labeled as 'Indian produced,' and access free state hunting and fishing licenses and certain property tax exemptions. 'If the state wants to create tribes, will the state be on the hook for financial support for those tribes, or some sort of fiduciary relationship?' Bryant said. 'We know being involved in legislative politics that there's always this tension over the budget and always this push and pull over resources. So is the state willing to step up and fund these groups should they ask for that down the road?' SUPPORT: YOU MAKE OUR WORK POSSIBLE
