An Act To Recognize and Provide for the Right of Access for Members of the Houlton Band of Maliseet Indians To Certain Public Lands in Aroostook County for Traditional Uses
Maine Legislature, Session 127, LD 0317
Committee: Agriculture, Conservation and Forestry
Sponsors: BEAR, LIBBY, AUSTIN, CAMPBELL, DANA, FARNSWORTH, MITCHELL

Legislative Document 
No. 317 
H.P. 211 
House of Representatives, February 10, 2015 
An Act To Recognize and Provide for the Right of Access for 
Members of the Houlton Band of Maliseet Indians To Certain 
Public Lands in Aroostook County for Traditional Uses 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative BEAR of the Houlton Band of Maliseet Indians. 
Cosponsored by Senator LIBBY of Androscoggin and 
Representatives: AUSTIN of Gray, CAMPBELL of Orrington, DANA of the Passamaquoddy 
Tribe, FARNSWORTH of Portland, MITCHELL of the Penobscot Nation. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA c. 219 is enacted to read: 
CHAPTER 219 
ACCESS BY HOULTON BAND OF MALISEET INDIANS ON CERTAIN LANDS 
FOR WOOD HARVESTING 
§1771.  Authority to harvest wood in Aroostook County 
Notwithstanding any other provision of law and in accordance with rules adopted by 
the Commissioner of Agriculture, Conservation and Forestry, referred to in this section as 
"the commissioner," a member of the Houlton Band of Maliseet Indians who is a resident 
of the State, referred to in this section as "an eligible tribal member," may collect or 
harvest wood or wood fiber in Aroostook County on lands owned by the State and on 
uninhabited lands in the unorganized and deorganized areas of Aroostook County without 
fee or cost for the purpose of using the wood or wood fiber for fuel, personal shelter 
construction or traditional woodcraft production. 
1.  Rules.  The commissioner shall adopt rules governing the collection and 
harvesting of wood or wood fiber, in accordance with the following: 
A.  The rules must ensure a sufficient amount of wood or wood fiber is available to 
satisfy the harvesting needs of eligible tribal members; 
B.  Throughout the rule-making process, the commissioner shall seek input from the 
Houlton Band of Maliseet Indians to ensure that the specific harvesting needs of 
eligible tribal members are met.  The commissioner shall ensure that: 
(1)  An adequate number of birch trees that have a radius of greater than 16 
inches and that are otherwise suitable for canoe making are accessible to eligible 
tribal members; and 
(2)  An adequate number of ash trees suitable for basket making are accessible to 
eligible tribal members; 
C.  The rules must maximize eligible tribal members' access to the desired wood, 
while also ensuring that any harvesting activities are consistent with the use and 
purposes of the land on which the harvesting occurs; and 
D.  When adopting rules related to any land held by the Department of Inland 
Fisheries and Wildlife, the commissioner shall consult with the Commissioner of 
Inland Fisheries and Wildlife. 
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
The commissioner shall review the rules periodically to ensure compliance with the 
requirements of this subsection. 
SUMMARY 
This bill permits any member of the Houlton Band of Maliseet Indians who is a 
resident of the State to collect or harvest wood or wood fiber in Aroostook County on 
lands owned by the State and uninhabited lands in the unorganized and deorganized areas 
of the county for the purpose of using the wood or wood fiber for fuel, personal shelter 
construction or traditional woodcraft production. 
The bill directs the Commissioner of Agriculture, Conservation and Forestry to adopt 
rules governing the collection and harvesting of wood or wood fiber by members of the 
Houlton Band of Maliseet Indians.