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| Sec. 4. Legislative intent. The Legislature intends by passage of this | | Act to ratify and validate any action taken by a state official or | | entity concerning land acquired by the Passamaquoddy Tribe and | | assumed to be Indian territory in reliance on Public Law 1991, | | chapter 720. |
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| | | Sec. 5. Retroactivity. This Act applies retroactively to June 30, | | 1992. |
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| | | Sec. 6. Effective date; certification. This Act does not take effect | | unless, within 60 days of the adjournment of the Legislature, the | | Secretary of State receives written certification by the Joint | | Tribal Council of the Passamaquoddy Tribe that the tribe has | | agreed to the provisions of this Act pursuant to 25 United States | | Code, Section 1725(e), copies of which must be submitted by the | | Secretary of State to the Secretary of the Senate, the Clerk of | | the House of Representatives and the Revisor of Statutes, except | | that in no event may this Act become effective until 90 days | | after the adjournment of the Legislature. |
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| | | The purpose of this bill is to effectuate Public Law 1991, | | chapter 720 to include certain lands in Albany Township as | | Passamaquoddy Indian territory. In response to Kimball v. LURC, | | 2000 ME 20, the bill removes the land in question from the | | provision that required certification by the Secretary of the | | Interior of the United States by January 31, 1991 and clarifies | | that the land in question is within Passamaquoddy Indian | | territory. The bill applies retroactively to the effective date | | of Public Law 1991, chapter 720, and provides that decisions of | | the Maine Land Use Regulation Commission affecting the property | | are effective. |
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