Maine’s federally recognized tribes are hoping to gain more control over their gaming operations with a series of bills that would allow them to offer casino gambling and online sports betting on their lands. The bills are part of the tribes’ long-standing struggle for sovereignty and economic development in the state.
Tribal Gaming in Maine: A Brief History
Maine has four federally recognized tribes: the Aroostook Band of Micmacs, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe, and the Penobscot Nation. These tribes have been seeking to establish casino gambling on their lands for decades, but have faced opposition from the state government and the private casino industry.
In 1980, the Maine Indian Claims Settlement Act (MICSA) was passed, which resolved the tribes’ land claims and established their relationship with the state. The act gave the tribes limited sovereignty and subjected them to state laws and regulations, including those related to gaming. The act also required the state to negotiate in good faith with the tribes for any gaming activities that are permitted in the state.
However, the state has not been willing to grant the tribes the same gaming rights as the two privately owned casinos in Maine: Hollywood Casino in Bangor and Oxford Casino in Oxford. These casinos were authorized by voter referendums in 2003 and 2010, respectively, and pay a portion of their revenues to the state. The tribes have argued that the state has violated the MICSA by allowing these casinos to operate without consulting them or sharing the benefits.
The tribes have also attempted to bypass the state and seek federal approval for their gaming plans, but have faced legal challenges and political hurdles. In 2007, the U.S. Department of the Interior rejected the Passamaquoddy Tribe’s application to open a casino in Calais, citing the MICSA as a barrier. In 2014, the Penobscot Nation sued the state for blocking its bingo hall in Old Town, but lost the case in federal court.
New Bills to Expand Tribal Gaming
In the current legislative session, several bills have been introduced to expand tribal gaming in Maine. The most comprehensive one is LD 1944, sponsored by Rep. Ben Collings, D-Portland, who has worked as a tribal consultant. The bill would require the state to negotiate with any tribe or combination of tribes that wish to own and operate a casino on tribal lands. The bill would also allow the state to negotiate with all tribes for a license to operate a casino on non-tribal land, as long as it is not in Penobscot or Oxford counties, where the existing casinos are located.
Collings said he introduced the bill as a placeholder to keep the tribal gaming issue alive, while the tribes and the state work on a broader tribal sovereignty bill that is expected to come out in the next few weeks. He said gaming could be a positive economic opportunity for the tribes and the surrounding communities, but sovereignty is the number one priority.
“Sovereignty first,” he said. “Gaming could be very positive for the tribes and the surrounding area, and go a long way toward fixing things for Maine tribes, but sovereignty is the number one priority.”
Another bill, LD 1626, sponsored by Sen. Louis Luchini, D-Ellsworth, who co-chairs the Veterans and Legal Affairs Committee, which oversees gaming issues, would give the tribes exclusive rights to offer online sports betting in Maine. The bill would also exempt the tribes and tribal members from sales taxes for goods or services used on tribal lands, and require state agencies to designate a tribal liaison to encourage collaboration with the tribes.
Luchini said he worked with the tribes and the governor’s office to craft the bill, which he said would recognize the tribes’ inherent right to offer online sports betting, as well as address some of their other concerns. He said the bill would also create a regulatory framework for online sports betting, which is currently illegal in Maine, but is expected to grow in popularity and demand.
“I think this is a win-win for the state and the tribes,” he said. “It would generate revenue for the state, create jobs for the tribes, and protect consumers from unregulated and offshore operators.”
The tribes have already partnered with Caesars Digital, a subsidiary of Caesars Entertainment, to launch online sports betting in Maine. The tribes announced the deal in May, and said they are waiting for the state’s Gambling Control Board to finalize the regulations and determine the launch date. The tribes said they would receive annual minimum payments from Caesars once they begin operations.
“Our agreement with Caesars provides that the Tribes will receive annual mandatory minimum payments once we begin operations,” said Penobscot Nation Chief Kirk E. Francis in a letter to tribal members.
The Future of Tribal Gaming in Maine
The bills to expand tribal gaming in Maine face uncertain prospects in the Legislature and the governor’s office. Gov. Janet Mills, a Democrat, has been supportive of the online sports betting bill, but has expressed reservations about the tribal casino bill. She has also asked the tribes and lawmakers to postpone the tribal sovereignty bill, saying it could lead to increased litigation and unintended consequences.
The private casino industry has also opposed the tribal gaming bills, arguing that they would create unfair competition and harm their businesses. The Maine Harness Horsemen’s Association, which represents the horse racing industry, has also expressed concerns about the impact of the bills on their revenues and jobs.
The tribes, however, have vowed to continue their fight for gaming rights and sovereignty, saying they are essential for their self-determination and economic development. They have also pointed to the success of tribal gaming in other states, where it has generated billions of dollars in revenues and created thousands of jobs for tribal and non-tribal members.
“We are now waiting for Maine’s gambling control board to finalize the regulations for online sports betting and determine the date at which we will go live,” Francis said. “We are hopeful that this will be a positive step forward for our Nation and for all of the Wabanaki people.”
