An Act To Review State Lands and Waterways That Have Sacred, Traditional or Other Significance to the Wabanaki Tribes
Maine Legislature, Session 130, LD 1907
Committee: Judiciary
Sponsors: COLLINGS, EVANGELOS, FAULKINGHAM, NEWELL, O'NEIL, TALBOT ROSS, MAXMIN, MOORE
Amends: 5 MRSA §12004-G, 12 MRSA §1809

Legislative Document
No. 1907
H.P. 1413
House of Representatives, January 5, 2022
An Act To Review State Lands and Waterways That Have Sacred, 
Traditional or Other Significance to the Wabanaki Tribes
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Representatives: EVANGELOS of Friendship, FAULKINGHAM of Winter 
Harbor, McDONALD of Stonington, NEWELL of the Passamaquoddy Tribe, O'NEIL of Saco, 
TALBOT ROSS of Portland, Senators: MAXMIN of Lincoln, MOORE of Washington.
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 needs to take effect before the expiration of the 90-day 
period in order to identify before the convening of the First Regular Session of the 131st 
Legislature state-owned lands or waterways that have sacred, traditional or other 
significance to the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet 
Indians or Aroostook Band of Micmacs; 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.  5 MRSA §12004-G, sub-§30-F is enacted to read:
30-F.   
Natural 
Resources 
Commission To Review State-owned 
Lands and Waterways 
Not Authorized 
MRSA 
§1809
Sec. 2.  12 MRSA §1809 is enacted to read:
§1809.  Commission To Review State-owned Lands and Waterways
1.  Established.  The Commission To Review State-owned Lands and Waterways, 
referred to in this section as "the commission," is established.
2.  Members.  The members of the commission are as follows:
A.  One member representing the bureau, appointed by the commissioner;
B.  One member representing the Department of Inland Fisheries and Wildlife, 
appointed by the Commissioner of Inland Fisheries and Wildlife;
C.  One member representing the Department of Marine Resources, appointed by the 
Commissioner of Marine Resources;
D.  One member representing the Passamaquoddy Tribe, appointed by the 
Passamaquoddy Tribe;
E.  One member representing the Penobscot Nation, appointed by the Penobscot 
Nation;
F.  One member representing the Houlton Band of Maliseet Indians, appointed by the 
Houlton Band of Maliseet Indians; and
G.  One member representing the Aroostook Band of Micmacs, appointed by the 
Aroostook Band of Micmacs.
3.  Duties.  The commission shall:
A.  Identify which state-owned lands or waterways have sacred, traditional or other 
significance to the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet 
Indians or Aroostook Band of Micmacs;
B.  Examine the processes used in other states and by the Federal Government to return 
lands and waterways to tribes and develop a process to return lands and waterways to 
the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians and 
Aroostook Band of Micmacs.  The commission also shall identify resources to fund the 
cost to transfer these lands and waterways to the Passamaquoddy Tribe, Penobscot 
Nation, Houlton Band of Maliseet Indians and Aroostook Band of Micmacs; and
C.  Make recommendations to the Legislature, including recommendations regarding 
additional members who should be added to the commission.
4.  Meetings.  The commission shall hold public meetings and hearings throughout the 
State and shall accept testimony and written comments from the public.  The commission 
shall invite the participation of stakeholders as determined by the commission and also 
invite the participation of large private landowners, land trusts and conservation 
organizations.
5.  Report.  The commission shall submit a report no later than November 15th of each 
year to the joint standing committee of the Legislature having jurisdiction over 
conservation matters, the joint standing committee of the Legislature having jurisdiction 
over inland fisheries and wildlife matters and the joint standing committee of the 
Legislature having jurisdiction over marine resources matters.  The joint standing 
committees may report out legislation related to the report of the commission.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill establishes the Commission To Review State-owned Lands and Waterways 
to identify which state-owned lands or waterways have sacred, traditional or other 
significance to the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet 
Indians or Aroostook Band of Micmacs and develop a process to return lands and 
waterways to the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet 
Indians and Aroostook Band of Micmacs.  The commission must hold public meetings and 
hearings throughout the State and must accept testimony and written comments from the 
public.  The commission must invite the participation of stakeholders as determined by the 
commission and also invite the participation of large private landowners, land trusts and 
conservation organizations.  The commission must submit a report no later than November 
15th of each year to the joint standing committee of the Legislature having jurisdiction over 
conservation matters, the joint standing committee of the Legislature having jurisdiction 
over inland fisheries and wildlife matters and the joint standing committee of the 
Legislature having jurisdiction over marine resources matters.  The joint standing 
committees may report out legislation related to the report of the commission.