Old Habits Die Hard: How the Maine Indian Claims Settlement Act Perpetuates Settler Colonialism and Denies Indigenous Sovereignty

Around the time it was passed, the Maine Indian Claims Settlement Act of 1980 was considered by many to be a great victory for the Wabanaki Nations in Maine. But in the decades since, the Act has substantially hindered the Wabanaki Nations’ self-determination efforts. Frequent litigation between the Nations and the state of Maine, narrow interpretation by courts, and the state of Maine’s opposition to remedying the Act’s most harmful provisions have constrained the sovereignty of the Wabanaki Nations. As a result, the Wabanaki Nations have been largely excluded from the significant social, economic, and political gains that tribes throughout the United States have achieved. This Essay examines the circumstances leading up to the enactment of MICSA and the effects of its key provisions. The upshot? MICSA reinforces longstanding evils of settler colonialism and must be replaced with an agreement that appropriately recognizes the sovereignty of the Wabanaki Nations and allows them true self-determination.