Latest news with #WabanakiAlliance
Yahoo
a day ago
- Politics
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Equal tax treatment among Wabanaki Nations poised to come to fruition this year
Participants in a Wabanaki Alliance rally on Indigenous Peoples' Day at the Maine State House in Augusta. (Photo by Jim Neuger/Maine Morning Star) After a 2022 change left out the Mi'kmaq Nation from reform, legislation to ensure equal tax treatment among all of the Wabanaki Nations secured the approval of both chambers of the Maine Legislature this week. LD 982, sponsored by Sen. Rachel Talbot Ross (D-Cumberland), passed the House of Representatives and Senate on Tuesday without roll call votes. The bill would exempt the Mi'kmaq Nation from state sales and income tax for activities occurring on tribal trust or reservation lands and allow the Tribe to generate sales tax revenues from sales on their own lands — the same rights afforded to the other Wabanaki Nations. The Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation were granted these rights under a 2022 tax revision, also proposed by Talbot Ross, which brought them on par with the rules that apply to other tribal nations throughout the country. Compared to other federally recognized tribes, the Wabanaki Nations are treated more akin to municipalities than sovereign nations because of the 1980 Maine Indian Claims Settlement Act. But the Mi'kmaq Nation was not referred to in the Settlement Act and only received federal recognition later in 1991. Last session, the Legislature passed a law known as The Mi'kmaq Nation Restoration Act that put the Tribe on par with the rest of the Wabanaki Nations. LD 982 therefore builds upon the restoration act and the tax revision. This change was previously attempted last session with legislation proposed by State Treasurer Joseph Perry, then representing Bangor in the Maine House. While that bill received favorable committee and chamber votes, it got caught up in end-of-session procedural fights and ultimately died without final action when lawmakers adjourned. The bill this session ultimately becoming law is not yet guaranteed. It has several associated costs, which means it's likely to go to the appropriations table, where bills with fiscal notes that are not already provided for have to vie for funding. This bill would decrease the state's general fund by $4,750 in fiscal year 2025-26 and $45,150 in fiscal year 2026-27. It would also result in ongoing annual transfers of $500 to the Mi'kmaq Sales Tax Fund and result in revenue decreases to the Local Government Fund. There would also be a one-time cost — $19,300 — to fund computer programming costs associated with the provisions of this bill. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
19-05-2025
- Politics
- Yahoo
Former Senate President Troy Jackson enters race for governor
Maine Senate President Troy Jackson speaks at a Wabanaki Alliance rally on Indigenous Peoples' Day at the Maine State House in Augusta. Oct. 9, 2023. (Photo: Jim Neuger/ Maine Morning Star) Former Maine Senate President Troy Jackson is running for governor in the 2026 election. The fifth-generation logger announced Monday that he will join the Democratic primary, saying in a news release from his campaign that 'too many Democrats have lost touch with working people or shown they're not up to the fight.' 'I know what it's like to punch a clock, live paycheck to paycheck, be treated like I didn't matter while some billionaire got rich off my back – and how to turn that feeling of powerlessness into action,' he added. Jackson is the fourth Democrat to join the race. He will face Secretary of State Shenna Bellows, who announced her bid in late March, as well as Kenneth Pinet and Angus King III, the son of independent senator and former governor Angus King Jr., who announced his run earlier this month. The Allagash-native said he is running for governor to help not only working families and seniors, but also to build a Maine where the children raised here can afford to stay. During his time as a legislator, Jackson focused on lowering prescription drug costs, passing universal school meals, as well as securing funding for rural hospitals and veterans' homes. He termed out last year. Jackson is kicking off his campaign with a statewide tour from Kittery to Madawaska. It starts Monday with a rally at the Kittery Town Wharf followed by a tour of Auburn Manufacturing, Inc. and the Lockwood Mill in Waterville. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
26-03-2025
- Politics
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Legislators again seek equal tax treatment among Wabanaki Nations
Participants in a Wabanaki Alliance rally on Indigenous Peoples' Day at the Maine State House in Augusta. (Photo by Jim Neuger/Maine Morning Star) Legislators are trying again to ensure equal treatment for the Mi'kmaq Nation. Last session, legislation to provide the Mi'kmaq Nation the same rights to sales tax revenue on its land that the other three tribes of the Wabanaki Nations were granted in 2022 received favorable committee and floor votes, but got caught up in end-of-session procedural fights and ultimately died without final action when lawmakers adjourned. That measure was back before the Taxation Committee on Wednesday with the support of Gov. Janet Mills' administration. 'This bill addresses a clear gap in state tax law,' said bill sponsor Sen. Rachel Talbot Ross (D-Cumberland). In 2022, the Legislature revised tax laws for the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation to afford them many of the same tax rules that apply to tribal nations throughout the country. This law also formalized regular dialogue practices between the Wabanaki Nations and the state and established a regulatory framework for sports betting. The law ended up looking drastically different than the legislation had first been proposed by Talbot Ross. Talbot Ross' bill originally sought to amend aspects of the 1980 Maine Indian Claims Settlement Act, which has left the Wabanaki Nations with authority more akin to municipalities than sovereign nations, putting them on different footing than all other federally recognized tribes. However, the bill was changed as a result of negotiations between three of the tribes and the governor's office and overhauling the Settlement Act remains an ongoing battle. The Mi'kmaq Nation was not referred to in the Settlement Act and only received federal recognition later in 1991. Last session, the Legislature passed a law known as The Mi'kmaq Nation Restoration Act that put the Tribe on par with the rest of the Wabanaki Nations. Talbot Ross' bill this session, LD 982, co-sponsored by Rep. Daniel Sayre (D-Kennebunk), builds upon this previous work and mirrors the earlier attempt to seek parity for the Mi'kmaq Nation when it comes to tax treatment, which had been proposed by State Treasurer Joseph Perry, then representing Bangor in the Maine House LD 982 would specifically exempt the Mi'kmaq Nation from state sales and income tax for activities occurring on tribal trust or reservation lands and allow the Tribe to generate sales tax revenues from sales on their own lands — the same rights afforded to the other Wabanaki Nations. 'Allowing the Tribe to retain this revenue will strengthen economic opportunity for its citizens and enable greater reinvestment into the surrounding communities,' Talbot Ross said. Maulian Bryant, executive director of the Wabanaki Alliance, which was formed in 2020 to advocate for the recognition of Wabanaki sovereignty, said the group supports LD 982. 'The original bill with the taxation provisions was a very significant, important, impactful restoration of sovereignty for the tribes,' Bryant said, 'and we are very happy and hopeful at the prospect of the Mi'kmaq Nation being included in this really great act of parity.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
13-03-2025
- Politics
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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
Yahoo
31-01-2025
- Politics
- Yahoo
Birthright citizenship battle ignites questions about Wabanaki rights
A sign at a Wabanaki Alliance rally on Indigenous Peoples' Day at the Maine State House in Augusta. (Jim Neuger/ Maine Morning Star) The Penobscot Nation is encouraging its citizens to carry their tribal identification as a precaution in light of reports of U.S. Immigration and Customs Enforcement questioning the citizenship of Indigenous people in other states. These reports come after the Trump administration also openly questioned the U.S. citizenship of Indigenous people as part of its defense of President Donald Trump's executive order to suspend birthright citizenship in the U.S. This line of questioning raises alarm for Maulian Bryant, executive director of the Wabanaki Alliance, because of possible implications for the rights of individual Native Americans as well as for the long standing relationship between tribes and the federal government. Disrupting that relationship would present unique challenges for the Wabanaki Nations — the Houlton Band of Maliseet Indians, Mi'kmaq Nation, Passamaquoddy Tribe and Penobscot Nation — which already have a different status than the other 570 federally-recognized tribes in the U.S. Wabanaki leaders and Maine lawmakers have been pushing on the state and federal level to rectify this disparity, which stems from the Maine Indian Claims Settlement Act of 1980. They are continuing to do so this legislative session. But that push for parity has been based on the assumption that the baseline federal relationship is intact and remains so, regardless of who is in the Oval Office. 'It's a moving goalpost if what we're working towards, equity as federally recognized tribes, is in flux for all tribes,' Bryant said. 'That makes our work all the more harder and all the more important.' Danna Hayes, director of public affairs for the Office of the Maine Attorney General, said the office is not aware of any incidents of Indigenous people being questioned by ICE in Maine. The board of the Wabanaki Alliance, a nonprofit organized to advocate for the recognition of the Wabanaki Nations' inherent sovereignty, met on Friday to discuss the actions handed down from the Trump administration so far and are in the process of settling on collective guidance for Wabanaki citizens. The Penobscot Nation is the only tribe so far that has issued direction for citizens to carry their tribal identification. 'We encourage all Tribal citizens to carry your Tribal ID, as we understand that your Tribal ID is sufficient proof of citizenship,' Chief of the Penobscot Nation Kirk Francis shared in a message to citizens and employees on Wednesday. 'Contact the Tribal office if you need a new Tribal ID or encounter any problems.' Such encounters could be further complicated for Wabanaki people who have dual citizenship with Canada and the United States. 'We're talking a lot about the southern border,' Bryant said, 'but I would want anyone that has that dual citizenship to be able to cross the border freely and understand the rights in both countries.' Navajo leaders told Maine Morning Star's sister site the Arizona Mirror that they've received calls and text messages from Navajo people living in urban areas who have been stopped, questioned or detained by ICE. In New Mexico, the Mescalero Apache Tribe reported that ICE agents asked a tribal member for identification, first in Spanish, but stopped questioning after the person presented their state license and tribal identification card. In light of these incidents, tribes across the country have started urging their members to carry identification, some offering waived fees for replacing identification and help securing legal counsel should its members be improperly questioned or detained. On the first day of his presidency, Donald Trump signed an executive order that states U.S. citizenship does not extend to children born to a mother who is 'unauthorized' or in the U.S. on a temporary visa and whose father is not a U.S. citizen or lawful permanent resident. Several states and organizations sued the administration over the order, including Maine Attorney General Aaron Frey and the American Civil Liberties Union of Maine. In response to one lawsuit brought by Washington, Oregon, Arizona and Illinois, a federal judge temporarily blocked the order and called it 'blatantly unconstitutional.' In 1868, the 14th Amendment to the U.S. Constitution codified birthright citizenship, declaring that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' In court, the DOJ cited an 1884 U.S. Supreme Court case in defending the executive order as constitutional. That ruling, in Elk v. Wilkins, found that 'because members of Indian tribes owe 'immediate allegiance' to their tribes, they are not 'subject to the jurisdiction' of the United States and are not constitutionally entitled to citizenship.' The DOJ went on to argue, 'The United States' connection with the children of illegal aliens and temporary visitors is weaker than its connection with members of Indian tribes. If the latter link is insufficient for birthright citizenship, the former certainly is.' However, the DOJ ignored the Indian Citizenship Act of 1924, which explicitly gave Indigenous people birthright citizenship in the U.S., and court precedent upholding that right since. 'Speaking for myself and a lot of other tribal members that I've talked to, we were surprised that one of the initial topics brought up was Indigenous citizenship because it doesn't even seem all that connected to any of the executive orders or policy agendas,' Bryant said. 'All of that you would think would be rectified with the 1924 act granting us citizenship,' Bryant added. 'But the fact that it's even being brought up is troublesome.' Also in light of the Trump administration issuing sweeping executive actions to end diversity, equity and inclusion (DEI) programs, Bryant cautioned that tribes should be on alert regarding what this could mean for Indigenous rights. 'We're going to really have to make it clear that the fiduciary responsibility from the United States government to tribal nations is not a welfare program,' Bryant said. 'It's not entitlement spending. It's based on the fact that this is all of our homeland and it was stolen.' One example of Trump's DEI attacks targeting tribal nations is the renaming of North America's tallest peak from Denali back to Mount McKinley, which Bryant said has been met with dismay from many Wabanaki citizens. 'I hope there's some common sense and decency and we don't destroy some of those really great Indigenous influences on our society,' Bryant said. With a new administration also comes new cabinet leadership. Other tribal leaders have said they see an ally in North Dakota Gov. Doug Burgum, who Trump selected to serve as Interior Secretary and chairman of the newly formed National Energy Council, which includes the Bureau of Indian Affairs. Burgum replaces former Interior Secretary Deb Haaland, the first Native American cabinet secretary in U.S. history. While Bryant has not yet met Burgum, she said she hopes to work with him on the issue of land into trust applications, in particular. 'Part of our wanting to amend the Settlement Act is to have a land and a trust process that looks more like other types throughout the country,' Bryant said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
