An Act to Review State Lands and Waterways That Have Sacred, Traditional or Other Significance to the Wabanaki People
Maine Legislature, Session 131, LD 1349
Committee: Agriculture, Conservation and Forestry
Sponsors: COLLINGS, DANA
Amends: 5 MRSA §12004-G, 12 MRSA §1809

Legislative Document
No. 1349
H.P. 863
House of Representatives, March 28, 2023
An Act to Review State Lands and Waterways That Have Sacred, 
Traditional or Other Significance to the Wabanaki People
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Representative: DANA of the Passamaquoddy Tribe.
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 Maine Indian Tribal-State Commission established 
in Title 30, section 6212, subsection 1, appointed by the chair of the commission;
E.  One member representing the Passamaquoddy Tribe, appointed by the 
Passamaquoddy Tribe;
F.  One member representing the Penobscot Nation, appointed by the Penobscot 
Nation;
G.  One member representing the Houlton Band of Maliseet Indians, appointed by the 
Houlton Band of Maliseet Indians; 
H.  One member representing the Mi'kmaq Nation, appointed by the Mi'kmaq Nation; 
and
I.  Three members of the public, one each appointed by the Governor, the President of 
the Senate and the Speaker of the House of Representatives.
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 Mi'kmaq Nation;
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 
Mi'kmaq Nation.  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 Mi'kmaq Nation;
C.  Examine the process used by the Federal Government to designate lands and 
waterways as federal protected areas; and
D.  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 in a manner 
determined by the commission.  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.  Confidentiality.  The commission may designate as confidential records pertaining 
to state-owned lands or waterways described in subsection 3, paragraph A.
6.  Report.  Beginning in 2024, 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.
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 Mi'kmaq Nation and develop a process to return lands and waterways to the 
Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians and Mi'kmaq 
Nation.  The commission must hold public meetings and hearings throughout the State and 
must accept testimony and written comments from the public in a manner determined by 
the commission.  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.  Beginning in 2024, 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.