An Act To Implement the Recommendations of the Tribal-State WorkGroup
Maine Legislature, Session 123, LD 2221
Committee: Judiciary
Amends: 30 MRSA §6205-A, 30 MRSA §6206-A, 30 MRSA §6208-A, 30 MRSA §6212, 30 MRSA §6215, 30 MRSA §7204, 30 MRSA §7205, 30 MRSA §7207

Legislative Document 
No. 2221 
H.P.1587 
House of Representatives, February 25, 2008 
An Act To Implement the Recommendations of the Tribal-State 
WorkGroup 
Reported by Representative SIMPSON of Auburn for the Tribal-State Work Group 
pursuant to Resolve 2007, chapter 142, section 8. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
7J1~ 
1h·ml!£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30 MRSA §6205-A, as enacted by PL 1981, c. 675, §§2 and 8, is repealed. 
Sec. 2. 30 MRSA §6206-A, as enacted by PL 1981, c. 675, §§3 and 8, is repealed. 
Sec. 3. 30 MRSA §6208-A, as enacted by PL 1981, c. 675, §§7 and 8, is repealed. 
Sec. 4. 30 MRSA §6212, as amended by PL 1993, c. 600, Pt. A, §24 and affected 
by §25, is further amended to read: 
§6212. Maine Indian Tribal-State Commission 
1. Commission created. The Maine Indian Tribal-State Commission is established. 
The commission consists of 911 members, 4 ~ to be appointed by the Governor, subject 
to review by the Joint Standing Committee on Judiciary and to confirmation by the 
Legislature, 2 to be appointed by the Passamaquoddy Tribe, 2 to be appointed by the 
Penobscot Nation, 2 to be appointed by the Aroostook Band of Micmacs, 2 to be 
appointed by the Houlton Band of Maliseet Indians and a chair, to be selected in 
accordance with subsection 2. The members of the commission, other than the chair, each 
serve for a term of 3 years and may be reappointed. In the event of the death, resignation 
or disability of a member, the appointing authority may fill the vacancy for the unexpired 
term. 
2. Chair. The commission, by a majority vote of its & l§. members, shall select an 
individual who is a resident of the State to act as chair. When & l§. members of the 
commission by majority vote are unable to select a chair within 120 days of the first 
meeting of the commission, the Governor, after consulting with the governors of the 
Penobscot Nation aOO~ the Passamaquoddy Tribe, the Aroostook Band of Micmacs and 
the Houlton Band of Maliseets, shall appoint an interim chair for a period of one year or 
for the period until the commission selects a chair in accordance with this section, 
whichever is shorter. In the event of the death, resignation or disability of the chair, the 
commission may select, by a majority vote of its & l§. remaining members, a new chair. 
When the commission is unable to select a chair within 120 days of the death, resignation 
or disability, the Governor, after consulting with the governors of the Penobscot Nation 
aOO~ the Passamaquoddy Tribe, the Aroostook Band of Micmacs and the Houlton Band of 
Maliseets, shall appoint an interim chair for a period of one year or for the period until 
the commission selects a chair in accordance with this section, whichever is shorter. The 
chair is a full-voting member of the commission and, except when appointed for an 
interim term, shall serve for 4 years. 
3. 
Responsibilities. In addition to the responsibilities set forth in this Act, the 
commission shall continually review the effectiveness of this Act, The Micmac 
Settlement Act and the Omnibus Tribal Sovereignty Act and the social, economic and 
legal relationship between the Passamaquoddy Tribe aOO~ the Penobscot Nation, the 
Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians and the State and 
shall make such reports a report and recommendations to the Legislature, the 
Passamaquoddy Tribe aOO~ the Penobscot Nation, the Houlton Band of Maliseet Indians 
and the Aroostook Band of Micmacs by January 31 st of every other year, beginning in 
2009, or more often as it determines appropriate. The commission may propose to the 
Legislature, at the start of each session, legislation necessary to implement its 
recommendations. 
~ 
Eleven members constitute a quorum of the commission and a decision or action of 
the commission is not valid unless ~ 2. members vote in favor of the action or decision. 
4. 
Personnel, fees, expenses of commissioners. The commission may employ 
personnel as it considers necessary and desirable in order to effectively discharge its 
duties and responsibilities. These employees are not subject to state personnel laws or 
rules. 
The commission members are entitled to receive $75 per day for their services and to 
reimbursement for reasonable expenses, including travel. 
5. Interagency cooperation. In order to facilitate the work of the commission, all 
other agencies of the State shall cooperate with the commission and make available to it 
without charge information and data relevant to the responsibilities of the commission. 
6. Funding. The commission may receive and accept, from any source, allocations, 
appropriations, loans, grants and contributions of money or other things of value to be 
held, used or applied to carry out this chapter, subject to the conditions upon which the 
loans, grants and contributions may be made, including, but not limited to, 
appropriations, allocations, loans, grants or gifts from a private source, federal agency or 
governmental subdivision of the State or its agencies. Notwithstanding Title 5, chapter 
149, upon receipt of a written request from the commission, the State Controller shall pay 
the commission's full state allotment for each fiscal year to meet the estimated annual 
disbursement requirements of the commission. 
7. 
Mandatory, nonbinding mediation. Before the State or any of its political 
subdivisions may commence litigation or an administrative action involving 
interpretation of this Act, The Micmac Settlement Act or the Omnibus Tribal Sovereignty 
Act, it must submit the dispute to the commission for mediation. The commission shall 
mediate the dispute between the parties or shall designate a neutral 3rd party to conduct 
the process. All parties to mediation before the commission or its designated neutral 3rd 
party must make a good faith effort to inform the commission and the other parties 
regarding the nature of the dispute and to resolve the dispute prior to commencement of 
litigation or administrative action. Unless the parties otherwise agree, reasonable fees 
and expenses incurred by the commission in connection with any mediation must be 
apportioned and paid in equal shares by each party. Unless the commission consents to 
an extension, all mediations must be commenced within 60 days, and completed within 
days, of the commission's receipt of notice of dispute. At the conclusion of the 
mediation, the commission shall indicate in writing whether the parties have resolved all 
or parts of the dispute and shall describe the terms of the resolution. If no resolution is 
reached, the commission shall indicate that fact in writing. Notwithstanding any law to 
the contrary, any statute of limitations applicable to the issues included in the dispute is 
tolled until the commission issues a written determination. The commission may adopt 
rules to carry out this subsection. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 30 MRSA §6215 is enacted to read: 
§6215. Legislative, regulatory and policy changes by the State 
A state agency shall provide for a timely and meaningful consultation with an Indian 
tribe, nation or band before proposing, adopting or implementing legislation or 
administrative measures that may materially affect the Indian tribe, nation or band. 
Sec. 6. 30 MRSA §7204, as enacted by PL 1989, c. 148, §§3 and 4, is repealed. 
Sec. 7. 30 MRSA §7205, as enacted by PL 1989, c. 148, §§3 and 4, is repealed. 
Sec. 8. 30 MRS A §7206, as enacted by PL 1989, c. 148, §§3 and 4, is repealed. 
Sec. 9. 30 MRSA §7207, as enacted by PL 1989, c. 148, §§3 and 4, is repealed. 
Sec. 10. 30 MRSA c. 605 is enacted to read: 
CHAPTER 605 
OMNIBUS TRIBAL SOVEREIGNTY ACT OF 2008 
§7501. Short title 
This chapter may be known and cited as "the Omnibus Tribal Sovereignty Act. " 
§7502. Legislative finding and declaration of policy 
The Legislature finds and declares the following. 
In 1980 the State enacted AN ACT to Implement the Maine Indian Claims 
Settlement, referred to in this section as "the implementing act." The implementing act 
included an agreement reached with the Passamaquoddy Tribe and the Penobscot Indian 
Nation that settled a land claim asserted by the Indians. 
State and federal courts have since interpreted the language of the implementing act 
as removing the tribal sovereignty of the Passamaquoddy Tribe and the Penobscot Indian 
Nation. It was not the intent of the State to remove the tribal sovereignty of these tribal 
governments. While the implementing act confers state municipal status upon the 
Passamaquoddy Tribe and the Penobscot Indian Nation, this status was intended to limit, 
not terminate, the tribes' own inherent sovereign authorities. 
The agreement entered into between the State and the Passamaquoddy Tribe and the 
Penobscot Indian Nation also recognizes the ongoing relationship between the 
Passamaquoddy Tribe and the Penobscot Indian Nation and the Federal Government, and 
the implementing act should not be interpreted to interfere with or terminate that trust 
relationship. 
The Houlton Band of Maliseet Indians in 1980 and the Aroostook Band of Micmacs 
in 1991 also settled land claims with the State. However, while the State agreed to 
support federal recognition for both of these tribes, neither tribe was provided the same 
jurisdictional authority over its lands that the Passamaquoddy Tribe and the Penobscot 
Indian Nation have. The Aroostook Band of Micmacs and the Houlton Band of Maliseet 
Indians have functioning governments and land in trust for the benefit of their members; 
it is therefore fair and just, pursuant to the authority granted by Congress in 25 United 
States Code, Section 1725( e)(2) and the federal Aroostook Band of Micmacs Settlement 
Act, Public Law 102-171, Section 6(d), 105 Stat. 1143, 1148 (1991), to afford both of 
these tribes the same jurisdictional settlement provided to the Passamaquoddy Tribe and 
the Penobscot Indian Nation and to recognize their inherent sovereign authority. 
In the years since the enactment of the implementing act, the tribes have developed 
tribal governments that provide a substantial range of services to thousands of tribal 
members. 
Also during that time considerable state and tribal resources have been 
expended in legal disputes over the legal status of the tribes under the implementing act 
and The Micmac Settlement Act. These disputes have caused a substantial economic and 
social hardship for the tribes. 
This chapter represents a good faith effort on the part of the Legislature to reevaluate 
the effectiveness of the implementing act and The Micmac Settlement Act and provide 
fair and just revisions. Determining the effectiveness of the implementing act and The 
Micmac Settlement Act will require continuous and ongoing review. The revisions made 
to the implementing act and The Micmac Settlement Act by the Second Regular Session 
of the 123rd Legislature should not be construed as conclusive of any rights or 
obligations of either the State or the tribes. 
It is the purpose of this Act to clarify the sovereignty of the tribal governments. 
§7503. Powers, privileges and immunities 
1. Applicable law. The following provisions of AN ACT to Implement the Maine 
Indian Claims Settlement apply to the Houlton Band of Maliseet Indians and the 
Aroostook Band of Micmacs and their respective trust lands: 
A. Section 6206; 
B. Section 6207; 
C. Section 6209-B; 
D. Section 6210; 
E. Section 6211; and 
F. Section 6214. 
2. Freedom of access law. Title 1, chapter 13 does not apply to the Passamaquoddy 
Tribe, the Penobscot Indian Nation, the Aroostook Band of Micmacs or the Houlton Band 
of Maliseet Indians. 
Sec. 11. Construction. The revisions made in this Act to AN ACT to Implement 
the Maine Indian Claims Settlement in the Maine Revised Statutes, Title 30, chapter 601 
and The Micmac Settlement Act in Title 30, chapter 603 may not be construed as 
conclusive of any rights or obligations of either the State or the Passamaquoddy Tribe, 
the Penobscot Indian Nation, the Houlton Band of Maliseet Indians or the Aroostook 
Band of Micmacs. 
Sec. 12. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 30, in the Title headnote, the words "municipalities and 
counties" are amended to read "municipalities, counties and Indian tribes" and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 13. Contingent effective date. This Act does not take effect unless, within 
days after the adjournment of the Second Regular Session of the 123rd Legislature, the 
Secretary of State receives written certification from the Houlton Band Tribal Council of 
the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this 
Act, written certification from the Tribal Council of the Aroostook Band of Micmacs that 
the band has agreed to the provisions of this Act, written certification by the chief and 
council of the Penobscot Indian Nation that the nation has agreed to the provisions of this 
Act and written certification by the Joint Tribal Council of the Passamaquoddy Tribe that 
the tribe has agreed to the provisions of this Act pursuant to the United States Code, Title 
25, 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, except that in 
no event may this Act take effect until 120 days after adjournment of the Second Regular 
Session of the 123rd Legislature. 
SUMMARY 
This bill contains statutory recommendations of the Tribal-State Work Group, 
established by Executive Order 19 FY 06/07 and continued and expanded by Resolve 
2007, chapter 142. 
This bill revises the headnote of the Maine Revised Statutes, Title 30 to reflect the 
inclusion of laws that apply to Indian tribes in Maine. 
This bill provides for jurisdictional parity among the 4 Indian tribes in Maine: the 
Aroostook Band of Micmacs, the Houlton Band of Maliseet Indians, the Passamaquoddy 
Tribe and the Penobscot Indian Nation, based on the powers, privileges and immunities 
outlined in AN ACT to Implement the Maine Indian Claims Settlement, enacted in 1980. 
This bill enacts the Omnibus Tribal Sovereignty Act, which provides a statement of 
legislative intent and findings and cross-references the powers, privileges and immunities 
to apply to the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians. 
This bill repeals sections of AN ACT to Implement the Maine Indian Claims Settlement 
and The Micmac Settlement Act that provide different powers, privileges and immunities 
for the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs or that are 
not consistent with federal law. 
This bill expands the membership of the Maine Indian Tribal-State Commission to 
include 2 representatives of the Aroostook Band of Micmacs and 2 representatives of the 
Houlton Band of Maliseet Indians, as well as 4 additional representatives of the State. It 
expands the duties of the commission to include a continual review of the effectiveness of 
AN ACT to Implement the Maine Indian Claims Settlement, The Micmac Settlement Act 
and the Omnibus Tribal Sovereignty Act. 
It authorizes the commission to submit 
legislation directly to the Legislature. It also requires that before the State or any political 
subdivision commences a court or administrative action involving interpretation of AN 
ACT to Implement the Maine Indian Claims Settlement, The Micmac Settlement Act or 
the Omnibus Tribal Sovereignty Act, the dispute must first be presented to the 
commission for mediation. The mediation provisions are based on current Maine Rules 
of Civil Procedure conceming mediation. 
This bill requires every state agency to provide for a timely and meaningful 
consultation with each Indian tribe, nation or band before proposing, adopting or 
implementing legislation or administrative measures that may materially affect the Indian 
tribe, nation or band. 
This bill provides that the laws goveming freedom of access do not apply to the 
Aroostook Band of Micmacs, the Houlton Band of Maliseet Indians, the Passamaquoddy 
Tribe and the Penobscot Indian Nation. 
This bill includes a contingent date section to provide that it does not take effect 
unless approved by the Houlton Band of Maliseet Indians, the Aroostook Band of 
Micmacs, the Penobscot Indian Nation and the Passamaquoddy Tribe within 90 days after 
the adjoumment of the Second Regular Session of the 123rd Legislature. If the bill is 
approved as required it will take effect 120 days after adjoumment of the Second Regular 
Session of the 123rd Legislature.