An Act To Restore to the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 201 0
Maine Legislature, Session 130, LD 0585
Committee Amendment CA_B_H1021 (House)
Amends: 30-A MRSA §2202

COMMITTEE AMENDMENT "/3 "to H.P. 428, L.D. 585, "An Act To Restore to 
the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise Jurisdiction 
under the Federal Tribal Law and Order Act of 201 0" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Enact the Tribal-State Collaboration Act' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA c. 376 is enacted to read: 
CHAPTER376 
TRIBAL-STATE COLLABORATION 
§11051. Short title 
This chapter may be known and cited as 
11the Tribal-State Collaboration Act. 
§11052. Definitions 
As used in this Act, unless the context otherwise indicates, the following terms have 
the following meanings. 
1. Agency. "Agency" means the following: 
A. The Department of Agriculture, Conservation and Forestty: 
B. The Department of Corrections; 
C. The Department of Economic and Community Development: 
D. The Depatiment of Education; 
E. The Department of Environmental Protection; 
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F. The Department of Health and Human Services; 
G. The Department of Inland Fisheries and Wildlife; 
H. The Department of Labor; 
I. The Department of Public Safety; 
J. The Department of Administrative and Financial Services; 
K. The Department of Professional and Financial Regulation; 
L. The Depaiiment of Defense, Veterans and Emergency Management; 
M. The Department of Marine Resources; 
N. The Depaiiment of Transportation; 
0. The Office of the Public Advocate; and 
P. The Public Utilities Commission. 
2. Indian tribe. "Indian tribe" means a federally recognized Indian tribe within the 
§11053. Collaboration between agencies and Indian tribes 
1. Required policies. An agency shall develop and implement a policy that: 
A. Promotes effective communication and collaboration between the agency and the 
Indian tribes; 
B. Promotes positive government-to-government relations between the State and the 
Indian tribes; 
C. Promotes cultural competency in the agency's interactions with the Indian tribes 
and tribal members; 
D. Establishes a process for collaboration between the agency and the Indian tribes 
regarding the agency's programs, rules and services that substantially and uniquely 
affect the Indian tribes or tribal members. In the context of emergency rulemaking 
pursuant to section 8054, the policy must require notice and collaboration to the extent 
practicable. Collaboration under this paragraph must be in addition to any process 
available to members of the general public and must include: 
(1) Providing the Indian tribes reasonable written notice of the contemplated 
program, rule or service; 
(2) Allowing the Indian tribes a reasonable oppo1iunity to provide information, 
advice and opinions on the contemplated program, rule or service: 
(3) Requiring the agency to consider the information, advice and opinions it 
receives from the Indian tribes under subparagraph (2): and 
(4) Requiring the agency to make reasonable efforts to complete the collaboration 
process before taking final action on the contemplated program or service or, in 
the case of a rule, before publication of the proposed rule pursuant to section 8053, 
subsection 5; and 
• 
E. Establishes a method for informing employees of the agency of the provisions of 
this Act and the policy that the agency adopts pursuant to this section. 
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COMMITTEE AMENDMENT ,b,, to H.P. 428, L.D. 585 
2. Consultation in policy development. An agency shall request comments from 
each Indian tribe and the Maine Indian Tribal-State Commission, and consider each 
comment received, before adopting a policy under subsection 1. 
3. Tribal liaison. An agency shall designate an individual who reports directly to the 
head of the agency to serve as the agency's tribal liaison. The tribal liaison shall: 
A. Assist with developing and ensuring the implementation of the policy required by 
subsection 1; 
B. Serve as a contact person responsible for facilitating effective communication 
between the agency and the Indian tribes: and 
C. Coordinate the training of agency employees as provided in section 11054. 
§11054. Mandatory training 
An agency shall ensure that the tribal liaison designated pursuant to section 11053, 
subsection 3, other employees responsible for tribal collaboration under this Act and other 
employees whose work substantially and uniquely affects Indian tribes or tribal members 
receive training designed to promote: 
1. Communication and collaboration. Effective communication and collaboration 
between the agency and the Indian tribes; 
2. 
Government-to-government relations. 
Positive government-to-government 
relations between the State and Indian tribes: and 
3. Cultural competency. Cultural competency in tribal issues. 
§11055. Tribal-State Summit; reports by agencies and Indian tribes 
1. Annual Tribal-State Summit. The Governor shall meet at least annually with the 
leaders ofindian tribes in a Tribal-State Summit to address issues of mutual concern, which 
may include: 
A. Implementation of the Maine Native American study provisions of Title 20-A, 
section 4706: 
B. Implementation of the provisions of this Act; and 
C. Improving communication between the State and the Indian tribes. 
2. Biennial agency reports. Beginning Januaiy 10, 2023 and biennially by January 
10th thereafter, an agency shall file a report with the joint standing committee or 
committees of the Legislature having jurisdiction over the agency and with the Maine 
Indian Tribal-State Commission on the activities of the agency pursuant to this Act. The 
report must include: 
A. A copy of the current policy adopted under section 11053, subsection 1 and a 
description of any changes that have been made to that policy since the filing of the 
previous report. If the agency has not yet adopted a policy under section 11053, 
subsection 1, the agency must describe the steps the agency has taken to adopt such a 
policy; 
B. The name and contact information of the tribal liaison designated by the agency 
under section 11053, subsection 3: 
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COMMITTEE AMENDMENT ,/!J,, to H.P. 428, L.D. 585 
C. A description of training provided pursuant to section 11054: 
D. A statement of programs, rules or services, to the extent known at the time of the 
report, that the agency intends to adopt, amend or provide in the coming reporting 
period that substantially and uniquely affect Indian tribes or tribal members: and 
E. A summary of tribal collaboration activities the agency has engaged in under the 
provisions of this Act during the prior biennium and any recommendations for 
improving the effectiveness of this Act, including recommendations regarding other 
agency actions for which it may be appropriate to require collaboration under this Act. 
3. Reports by Indian tribes. Beginning January 10, 2023 and biennially by January 
10th thereafter, an Indian tribe may file a repo1t with the joint standing committee of the 
Legislature having jurisdiction over judiciaiy matters and the Maine Indian Tribal-State 
Commission that includes a summary of the collaboration between the Indian tribe and 
agencies under this Act during the prior biennium and any recommendations for improving 
the effectiveness of this Act, including recommendations regarding other agency actions 
for which it may be appropriate to require collaboration under this Act. 
§11056. Cause of action and right of review not conferred; savings clause 
1. Cause of action and right of review not conferred. An agency's failure to comply 
with the requirements of this Act does not: 
A. Create a cause of action or a right of judicial review of any action by an agency: 
B. Constitute grounds for a court to invalidate an agency rule under section 8058: or 
C. Constitute grounds for a court to reverse or modify an agency action under section 
11007, subsection 4, paragraph C or to direct an agency to engage in any further action 
under section 11007, subsection 4, paragraph B. 
2. Federal funding requirements. Nothing in this Act affects, modifies or replaces 
any tribal collaboration or consultation requirement imposed on or assumed by an agency 
as a condition of the acceptance of federal funding. 
Sec. 2. 30-A MRSA §2202, sub-§2, as enacted by PL 2009, c. 636, Pt. D, §2, is 
amended to read: 
2. Party. "Patty" means a public agency or the following federally recognized Indian 
tribes or their political subdivisions: 
A. The Passamaquoddy Tribe; afl:d 
B. The Penobscot Nation,: and 
C. The Houlton Band of Maliseet Indians.' 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which a minority report of the committee, replaces the bill with the 
Tribal-State Collaboration Act, which requires the Department of Agriculture, 
Conservation and Forestty, the Department of Conections, the Department of Economic 
and Community Development, the Department of Education, the Department of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT J;J,, to H.P. 428, L.D. 585 
Environmental Protection, the Department of Health and Human Services, the Department 
of Inland Fisheries and Wildlife, the Department of Labor, the Department of Public Safety, 
the Department of Administrative and Financial Services, the Department of Professional 
and Financial Regulation, the Department of Defense, Veterans and Emergency 
Management, the Depaitment of Marine Resources, the Department of Transportation, the 
Office of the Public Advocate and the Public Utilities Commission each to designate a 
tribal liaison and to develop and implement a policy that promotes positive government-to-
government relations between the State and federally recognized Indian tribes within the 
State, promotes cultural competency in the agency's interactions with Indian tribes and 
tribal members and establishes a process for collaboration between the agency and Indian 
tribes regarding the agency's programs, rules and services that substantially and uniquely 
affect the Indian tribes or tribal members. The Act also directs the Governor to meet at 
least annually with the leaders of the Indian tribes in a Tribal-State Summit to address 
issues of mutual concern, including implementation of the Tribal-State Collaboration Act, 
improving communication between the State and the Indian tribes and implementation of 
the requirement to include Maine Native American studies in the Depa1tment of 
Education's system of learning results. 
The amendment also includes the Houlton Band of Maliseet Indians within the list of 
parties that may join an interlocal cooperation agreement under the Maine Revised Statutes, 
Title 30-A, chapter 115. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/22 feac::.. 
LD585 
LR 1337(04) 
An Act To Restore to the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise 
Jurisdiction under the Federal Tribal Law and Order Act of 2010 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment£'' {ff-; {);21) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
The Maine Indian Tribal-State Commission will incur additional costs as a result of the requirements of this bill. 
While the Commission has sufficient budgeted resources to cover these costs in the current 2022-2023 biennium as a 
result of one-time funding included in Public Law 2021, Chap. 398, ongoing costs from the bill could require 
additional funding in the 2024-2025 biennium. 
Any additional costs to various departments and agencies from the provisions in this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR1337(04) - Fiscal Note - Page 1 of 1