An Act Regarding the Maine Indian Tribal-State Commission and Directing the Commission To Address Issues To Improve the Relationship between the State and the Penobscot Nation, Passamaquoddy Tribe, Houlton Band of Maliseet Indians and Aroostook Band of Micmacs
Maine Legislature, Session 128, LD 1315
Committee: Judiciary
Sponsors: BEAR
Amends: 30 MRSA §6212

Legislative Document
No. 1315
H.P. 912
House of Representatives, April 4, 2017
An Act Regarding the Maine Indian Tribal-State Commission and 
Directing the Commission To Address Issues To Improve the 
Relationship between the State and the Penobscot Nation, 
Passamaquoddy Tribe, Houlton Band of Maliseet Indians and 
Aroostook Band of Micmacs
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BEAR of the Houlton Band of Maliseet Indians.
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 legislation must take effect before the expiration of the 90-day period 
in order to allow the Maine Indian Tribal-State Commission to complete its work and 
report in time to the Second Regular Session of the 128th Legislature; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30 MRSA §6212, sub-§3, as amended by PL 2009, c. 384, Pt. F, §3 and 
affected by §4, is further amended to read: 
3.  Responsibilities.  In addition to the responsibilities set forth in this Act, the 
commission shall continually review the effectiveness of this Act and the social, 
economic and legal relationship between the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe and the Penobscot Nation and the State and shall make such 
reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, 
the Passamaquoddy Tribe and the Penobscot Nation as it determines appropriate.  The 
commission may submit legislation with its reports and recommendations. 
Nine members constitute a quorum of the commission and a decision or action of the 
commission is not valid unless 7 members vote in favor of the action or decision. 
Sec. 2.  Maine Indian Tribal-State Commission.  The Maine Indian Tribal-
State Commission under the Maine Revised Statutes, Title 30, section 6212, referred to in 
the section as "the commission," shall convene within 30 days following the effective 
date of this Act to study the issues under this section. 
1.  Study.  The commission shall study: 
A.  The final passage of the Act to Implement the Maine Indian Claims Settlement; 
B.  The recognition of the Kineo Band of Maliseet Indians and the transfer of a 500-
acre parcel of state-owned land at Mount Kinio to the Kinio Band of Maliseet Indians 
for its exclusive use; 
C.  The right of the Maliseet Indians to exist free from environmental, cultural, 
economic, political and social harm and from trespasses within their tribal trust lands 
and traditional homelands, comprising the entire St. John River watershed, including 
Aroostook County; 
D.  Memorializing the President of the United States and the Congress of the United 
States to provide to the Houlton Band of Maliseet Indians just and equitable 
compensation for negative impacts upon Maliseet tribal lands comparable to the land 
claim settlement provided to the Penobscot Nation and the Passamaquoddy Tribe in 
the federal Maine Indian Land Claims Settlement Act of 1980; 
E.  Establishing a commission to investigate the causes and effects of the oil tanker 
train derailment in Lac-Megantic, Quebec, Canada and the threat that incident and 
such oil transports represent to the Maliseet and other people of the entire St. John 
River watershed and those who reside along oil transport corridors; 
F.  The State's apologizing to the Houlton Band of Maliseet Indians for the improper 
removal of Maliseet children from Maliseet tribal communities and establishing a 
commission to conduct fact-finding hearings and to determine compensation for 
damages; and 
G.  Authorizing the Aroostook Band of Micmacs to benefit from the operation of an 
existing casino. 
Sec. 3.  Report; legislation.  No later than December 6, 2017, the commission 
shall submit a report that includes its findings and recommendations, including legislation 
pursuant to the Maine Revised Statutes, Title 30, section 6212, subsection 3, for 
presentation to the Second Regular Session of the 128th Legislature. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the law establishing the Maine Indian Tribal-State Commission to 
allow the commission to submit legislation and directs the commission to study a number 
of unresolved issues between the State and the Passamaquoddy Tribe, the Penobscot 
Nation, the Aroostook Band of Micmacs and Maliseet Indians.