Resolve, To Continue the Tribal-State Work Group
Maine Legislature, Session 123, LD 1263
Committee: Judiciary
Sponsors: BLANCHARD, MITCHELL, CLEARY, HILL, LORING, NASS, PERRY, SIMPSON, SOCTOMAH, RA YE

Legislative Document 
No. 1263 
H.P.891 
House of Representatives, March 8, 2007 
Resolve, To Continue the Tribal-State Work Group 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative BLANCHARD of Old Town. 
Cosponsored by Senator MITCHELL of Kennebec and 
7J1~ 
1I7.7l!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLEARY of Houlton, HILL of York, LORING of the Penobscot Nation, 
NASS of Acton, PERRY of Calais, SIMPSON of Auburn, SOCTOMAH of the 
Passamaquoddy Tribe, Senator: RA YE of Washington. 
PrmteJ on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this resolve needs to take effect before the expiration of the 90-day period 
"in order for the tribal-state work group originally created by Executive Order 19 FY 
06107 to continue working during and after the First Regular Session of the 123rd 
Legislature and for its study and report to be completed in time for submission to the next 
legislative session; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution off Marne and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Tribal...stat~ Work Group established. Resolved: That the Tribal-
I3 
State Work Group, referred"to in this resolve as "the work group," is established; and be it 
further 
Sec. 2. Work group membership. Resolved: That the work group consists of 
members appointed as follows: 
I. Two members of the Senate, one belonging to the political party holding the 
largest number of seats in the Senate and one belonging to the political party holding the 
second largest number of seats in the Senate, appointed by the President of the Senate; 
2. Six members of the House of Representatives, 3 belonging to the political party 
holding the largest number of seats in the House and 3 belonging to the political party 
holding the second largest number of seats in the House, appointed by the Speaker of the 
House; 
3. Seven representatives of the Native American community, one appointed by each 
of the top elected leaders of the 5 Wabanaki Tribal Governments: the Chief of the 
Aroostook Band of Micmacs, the Chief of the Houlton Band of Maliseet Indians, the 
Governor of the Passamaquoddy Tribe at Indian Township, the Governor of the 
Passamaquoddy Tribe at Pleasant Point and the Chief of the Penobscot Nation; the 
Passamaquoddy Tribal Representative to be appointed by the Joint Tribal Council of the 
Passamaquoddy Tribe; and the Penobscot Tribal Representative appointed by the Chief of 
the Penobscot Nation; 
4. One member appointed by the Governor; and 
5. One representative of the Maine Indian Tribal-State Commission; and be it further 
Sec.3. Cooperation and participation of the Attorney General. Resolved: 
That the Attorney General is requested to have a representative attend all meetings of the 
work group and respond to requests during the work group's deliberations regarding the 
Attorney General's opinion concerning the constitutionality and legal interpretation of any 
possible changes to AN ACT to Implement the Maine Indian Claims Settlement or 
related statutes and agreements; and be it further 
Sec. 4. Chair. Resolved: That the first-named Senate member is the Senate chair 
of the work group and the first-named House of Representatives member is the House 
chair of the work group; and be it further 
Sec. 5. Duties. Resolved: That the work group may hold up to 6 meetings and 
shall examine the issues identified in the framework document prepared for the Assembly 
of the Governors and Chiefs held May 8, 2006, the minutes for that meeting, Tribal-
Maine Issues: Issues That Have Been Litigated or Are in Litigation, and Tribal-Maine 
Issues: Macro Issues prepared for the May 31, 2006 review of AN ACT to Implement 
the Maine Indian Claims Settlement, the federal Maine Indian Claims Settlement Act of 
1980 and other settlement acts pertaining to the Wabanaki Tribes for the meeting held at 
Indian Island May 31, 2006, the minutes for the May 31, 2006 meeting and the final 
report of the tribal-state work group created by Executive Order 19 FY 06/07; and be it 
further 
Sec. 6. Staff assistance. Resolved: That, upon adequate appropriation by the 
Legislature, the Maine Indian Tribal-State Commission shall provide necessary staffing 
services to the work group; and be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members of the work 
group are entitled to receive the legislative per diem, as defined in the Maine Revised 
Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses 
related to their attendance at authorized meetings of the work group. Public members not 
otherwise compensated by their employers or other entities that they represent are entitled 
to receive reimbursement of necessary expenses and, upon a determination of financial 
hardship, a per diem equal to the legislative per diem for their attendance at authorized 
meetings of the work group; and be it further 
Sec. 8. Report. Resolved: That no later than January 2, 2008, the work group 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 123rd Legislature, the 
Governor, the Aroostook Band of Micmacs, the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe at Indian Township, the Passamaquoddy Tribe at Pleasant Point 
and the Penobscot Nation. The work group is authorized to introduce legislation related 
to its report to the Second Regular Session of the 123 rd Legislature at the time of 
submission of its report; and be it further 
Sec. 9. 
Extension. 
Resolved: 
That, if the work group requires a limited 
extension of time to complete its study and make its report, it may apply to the 
Legislative Council, which may grant an extension; and be it further 
Sec. 10. Work group budget. Resolved: That the chairs of the work group, 
with assistance from the work group staff, shall administer the work group's budget. 
Within 10 days after its first meeting, the work group shall present a work plan and 
proposed budget to the Legislative Council for its approval. Upon notice to the Executive 
Director of the Legislative Council that all seats on the work group have been filled, the 
personal services portion of the work group budget must be paid in full to the Maine 
Indian Tribal-State Commission. The work group may not incur expenses that would 
result in the work group's exceeding its approved budget. Upon request from the work 
groups, the Executive Director of the Legislative Council shall promptly provide the 
work group chairs and staff with a status report on the work group's budget, expenditures 
incurred and paid and available funds; and be it further 
Sec. 11. 
Appropriations and allocations. 
Re~ed:: That the following 
appropriations and allocations are made. 
MAINE INDIAN TRIBAL-STATE COMMI'S5If)N 
Tribal-State Work Group 
Initiative: Provides. funds. t'Q.Ii administrative and staffing support for the Tribal-State 
Work Group. 
GENERAL FUND 
Personal Services 
AU; Other 
GENERAL FUND TOTAL 
MAINE INDIAN TRIBAL-STATE 
COMMISSION 
DEPARTMENT TOTALS 
GENERAL FUND 
DEP ARTMENT TOTAL - ALL FUNDS 
LEGISLATURE 
Tribal-State Work Group 
2007..08 
$4,400 
$670 
$5,070 
2007-08 
$5,070 
$5,070 
~Q98-09 
$4,400 
$670 
$5,070 
2008-09 
$5,070 
$5,070 
Initiative: Provides funds for the legislative per diem and other expenses for 6 meetings 
of the Tribal-State Work Group. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
LEGISLATURE 
DEPARTMENT TOTALS 
GENERAL FUND 
2007-08 
$9,930 
$670 
$10,600 
2007-08 
$10,600 
2008-09 
$9,930 
$670 
$10,600 
2008-09 
$10,600 
DEPARTMENT TOTAL-ALL FUNDS 
$10,600 
$10,600 
SECTION TOTALS 
2007-08 
2008-09 
GENERAL FUND 
$15,670 
$15,670 
SECTION TOTAL - ALL FUNDS 
$15,670 
$15,670 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when appli'oved. 
SUMMARY 
l(), 
This resolve estabHshes the Tribal-State Work Group to continue the work of the 
t 
body created by Exec.uti,ve Order 19 FY 06/0.7. 
The work group is charged with 
examintflg potential changes to AN ACT to Implement the Maine Indian Claims 
Settlement and other issues affecting tribal-state relations. It is required to report its 
findings to the Legislature, Governor and Wabanaki Tribes by January 2, 20.0.8 . 
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