LD 2607
pg. 2
Page 1 of 2 An Act Concerning Previous Passamaquoddy Indian Territory Legislation LD 2607 Title Page
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LR 4021
Item 1

 
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.

 
Sec. 5. Retroactivity. This Act applies retroactively to June 30,
1992.

 
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.

 
SUMMARY

 
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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