Bill would require 'good faith' negotiations from governor with tribes

By Noelle Annonen , Multimedia Reporter

26 de Febrero de 2026 a las 16:30 ·

The chambers of the Nebraska Legislature — The George W. Norris Chambers at the Nebraska State Capitol. (Photo courtesy Nebraska Unicameral Information Office)

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A bill in the Nebraska Legislature would require the governor’s office to negotiate in good faith with Nebraska tribes.

The proposal stems from ongoing efforts by the Omaha tribe to settle a tobacco tax compact with the state.

Tribal Attorney General John Cartier told the Revenue Committee on Wednesday that negotiations stalled over a tobacco tax compact due to Gov. Jim Pillen’s opposition to the tribe’s medical marijuana laws and movement toward recreational marijuana. Pillen said in late 2025 that he did not want Nebraskans going to the Omaha tribe for recreational marijuana.

“There’s not going to be Nebraskans going into the Omaha Tribe and buying recreational marijuana,” Pillen said in a press conference last year. “We’ll take whatever steps it is to keep our state in the values and keep that from happening.”

Cartier said the tribe submitted paperwork and began what he thought were friendly negotiations with Attorney General Mike Hilgers over a tobacco tax compact. The tribe came forward last summer, asking for 90% of the revenue from tobacco products sold on the reservation.

While other tribes, like the Santee Sioux Nation, retain 75% of tobacco tax revenue, Cartier said the tribe offered to take on "significant" enforcement, regulatory and compliance responsibilities in exchange for the higher percentage. He added that the tribe made it clear that it was open to negotiations. After weeks of waiting to hear back, he said he got a phone call from an assistant attorney general.

“In that call, I was told that the state would not move forward on a tobacco compact because the tribe had adopted a lawful medical cannabis program on tribal land,” Cartier said.

Cartier said that recreational marijuana is an unrelated issue. This bill lays out a framework for negotiation procedures. Cartier said it prevents the governor from refusing to negotiate at all, keeps negotiations to a fixed timeline and prevents the governor from declining or delaying any agreement based on unrelated issues.

“In our personal experience, (the delay) has meant months of uncertainty and ultimately the door being closed for reasons that had nothing to do with tobacco taxation,” Cartier said.

The bill states that these issues include, but are not limited to, the regulation of cannabis within the tribe’s Indian Country.

Last year, Hilgers said the tribe wanted to violate Nebraska law, “sell poison,” or marijuana, to Nebraskans, and that the state would shoulder any potential negative impacts.

Cartier said if the bill does not go forward, the tribe will pursue alternative plans for tobacco taxes, including options for dual taxing or taxing non-tribal members.

The committee took no immediate action on the bill.