Prior to the arrival of the Europeans, the Wabanaki were sovereign over the lands and waters of Maine.

When the Europeans arrived, they confiscated the Wabanaki lands, abolished their sovereignty without any compensation, made and broke treaties with the tribes and took away all opportunities to thrive. Today, the most vocal opponents to changes to the Maine Indian Claims Settlement Act of 1980 are Gov. Janet Mills, Sen. Angus King and John Patterson, the attorney who represented the state in 1980. They have focused their opposition on the possibility of “unintended consequences” by granting sovereignty to the Wabanaki. In addition, Sen. King has suggested that “a deal is a deal” that cannot be changed.

History shows the white culture has violated treaties many times with Indigenous peoples, while the Indigenous peoples have no right to violate or amend treaties with the white culture.

If there are such “unintended consequences,” why have 49 other states successfully provided sovereignty without serious consequences? Why can’t Maine successfully resolve any complications that may arise from sovereignty? Are opponents claiming that the Wabanaki are incapable of resolving problems associated with self-government? Are these opponents claiming that Maine’s governmental leaders lack the know-how or the ability to solve problems that may arise from sovereignty? These sentiments are humiliating and unjust.

The issue regarding the availability of federal funds for the Wabanaki Nation as provided in the 1980 agreement is a ruse. While the tribes in the other 49 states can receive these funds directly from the federal government, the Wabanaki do not have direct access. To obtain access, the Wabanaki must be provided access by Congress for each program and appropriation. Past experience has shown that this can take many years to achieve.

According to the Wabanaki Alliance, inapplicable federal laws have resulted in the loss of millions of dollars that could have helped Maine tribes. Economic growth and prosperity for the Wabanaki would also significantly help the entire state; a rising tide raises all boats.

The impact of the lack of access to federal funds has stymied progress for the Wabanaki. Last year, the Harvard Kennedy School issued a study requested by the Wabanaki Alliance, investigating factors that may be stifling economic progress as well as the means to overcome these obstacles. According to the resulting report, the lack of sovereignty for the tribes in Maine has “blocked economic development to the detriment of both tribal and non-tribal citizens alike.”

As a result of stifled economic growth, child poverty for Maine tribes ranges from 40% to 60% compared to 15% for the state of Maine, according to the report. For the period from 1989 to the present, income growth for non-Maine tribes across the nation is 61%, and 9% for the Wabanaki. During the same time period, income growth for the state of Maine has been 25%, and 17% for the United States. Statistics for many other economic variables show the Wabanaki far below all other states and tribes. For 42 years, the Wabanaki have suffered economic hardship as a result.

The bipartisan Tribal State Work Group also recognized the impact of the 1980 agreement on the tribes. The group recognized this in its 2008 report to the Maine Legislature, pronouncing the Settlement Act “oppressive and unjust.” A United Nations Special Rapporteur came to similar conclusions in 2012.

In 1970, President Richard Nixon said that the first Americans were “the most deprived and isolated community in our nation.” In 1975, Nixon championed and passed the Indian Self-Determination and Education Assistance Act. In 1980, the Wabanaki hoped that the Land Claims Settlement Act would fulfill their dream of sovereignty. Sadly, fairness and justice did not prevail and the result has left them in extreme poverty.

Correction (May 1, 2023): A previous version of this column misstated the number of federal laws that are applicable to the tribes and misattributed “a deal is a deal,” which was once said by Sen. Angus King.

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