An Act To Amend the Act To Implement the Maine Indian Claims Settlement

Sec. 1. 2 MRSA §11  is enacted to read:

§ 11.  Communication with congressional delegation on legislation affecting tribes

Sec. 2. 30 MRSA §6204,  as enacted by PL 1979, c. 732, §§1 and 31, is repealed.

Sec. 3. 30 MRSA §6206, sub-§§1 and 2,  as enacted by PL 1979, c. 732, §§1 and 31, are amended to read:

Sec. 4. 30 MRSA §6208, sub-§3,  as amended by PL 1985, c. 672, §§3 and 4, is repealed.

Sec. 5. Contingent effective date. Except for section 1, which takes effect 90 days after adjournment of the First Regular Session of the 129th Legislature, this Act takes effect 120 days after adjournment of the First Regular Session of the 129th Legislature only if, within 90 days after the adjournment of the First Regular Session of the 129th Legislature, the Secretary of State receives written certification from the Governor and the Council of the Penobscot Nation that the nation has agreed to the provisions of section 2 of this Act and written certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act, with the exception of section 1, 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 and the Revisor of Statutes.

summary

Current law provides that federal laws adopted after October 10, 1980 for the benefit of Indians, Indian nations or tribes or bands of Indians that would affect or preempt the application of the laws of this State, including application of the laws of the State to lands owned by or held in trust for Indians or Indian nations, tribes or bands of Indians do not apply within this State unless the subsequently enacted federal law is specifically made applicable within this State.

This bill directs the Governor or the Governor's designee to maintain active communications with all the members of the Maine congressional delegation about the introduction of any such legislation in the United States Senate or the United States House of Representatives. The Governor or the Governor's designee is required to submit a report within 10 days of the introduction of such legislation to the President of the Senate, the Speaker of the House of Representatives, the Attorney General and the Chair of the Maine Indian Tribal-State Commission. In addition, the Governor or the Governor's designee is required to submit an annual report about such legislation, including its status and disposition. The information in the reports will assist the President of the Senate, Speaker of the House, Attorney General and Maine Indian Tribal-State Commission in deciding how to work with the Maine congressional delegation to ensure the tribes in Maine are included in federal legislation when appropriate.

This bill amends the Act to Implement the Maine Indian Claims Settlement to specifically state that the Passamaquoddy Tribe and the Penobscot Nation have the same rights, privileges, powers and immunities as a sovereign and repeals the requirement that all Indians, Indian nations and tribes and bands of Indians and any lands or other resources owned or held for them are subject to the laws of Maine and to the jurisdiction of Maine courts. The bill provides the same level of immunity to the Passamaquoddy Tribe and the Penobscot Tribe and their officers and employees as is enjoyed by officers and employees of the State. Finally, the bill repeals the provision of the implementing Act that subjects all Indians and Indian nations or tribe or band of Indians to taxes and fees.

The changes to the implementing Act do not take effect unless approved by the Governor and Council of the Penobscot Nation and the Joint Tribal Council of the Passamaquoddy Tribe within 90 days after adjournment of the First Regular Session of the 129th Legislature.