An Act to Require the State to Notify Indian Tribes and Indian Nations When New Laws Are Enacted That Need to Be Certified
Maine Legislature, Session 131, LD 1835
Committee: Judiciary
Sponsors: TALBOT ROSS, BENNETT, DANA, FAULKINGHAM, MOONEN, RECKITT, BAILEY, CARNEY
Amends: 3 MRSA §602, 3 MRSA §603, 5 MRSA §11057

Legislative Document
No. 1835
H.P. 1167
House of Representatives, April 27, 2023
An Act to Require the State to Notify Indian Tribes and Indian 
Nations When New Laws Are Enacted That Need to Be Certified
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BENNETT of Oxford and
Representatives: DANA of the Passamaquoddy Tribe, FAULKINGHAM of Winter Harbor, 
MOONEN of Portland, RECKITT of South Portland, Senators: BAILEY of York, CARNEY 
of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  3 MRSA §602, as amended by PL 1985, c. 672, §§1 and 4, is further amended 
to read:
§602.  Designation of officer
The governor and council of the Penobscot Nation, the Joint Tribal Council of the 
Passamaquoddy Tribe and the council of the Houlton Band of Maliseet Indians shall each 
designate, by name and title, the officer authorized to execute the certificate of approval of 
legislation required by section 601 and to execute the certificate of approval or to 
communicate the tribal government's denial of certification and any request for tribal-state 
consultation pursuant to Title 5, section 11057. The designation shall must be in writing 
and filed with the Secretary of State no later than the first Wednesday in January in the 
of Maliseet Indians must be filed with the Secretary of State no later than 45 days after 
adjournment of the Second Regular Session of the 112th Legislature.  The Secretary of 
State shall forthwith transmit certified copies of each designation to the Secretary of the 
Senate and the Clerk of the House of Representatives.  The designation shall remain 
remains in effect until the governor and council of the Penobscot Nation, the Joint Tribal 
Council of the Passamaquoddy Tribe or the council of the Houlton Band of Maliseet 
Indians make makes a new designation.
Sec. 2.  3 MRSA §603, as enacted by PL 1989, c. 148, §§2 and 4, is amended to 
read:
§603.  Designation of officer; Aroostook Band of Micmacs Mi'kmaq Nation
The council of the Aroostook Band of Micmacs Mi'kmaq Nation shall designate, by 
name and title, the officer authorized to execute the certificate of approval of legislation 
required by section 601 and to execute the certificate of approval or to communicate the 
council's denial of certification and any request for tribal-state consultation pursuant to 
Title 5, section 11057.  The designation shall must be in writing and filed with the Secretary 
of State no later than the first Wednesday in January in the First Regular Session of the 
Legislature.  The Secretary of State shall forthwith transmit certified copies of the 
designation to the Secretary of the Senate and the Clerk of the House of Representatives.  
The designation shall remain remains in effect until the council of the Aroostook Band of 
Micmacs Mi'kmaq Nation makes a new designation.
Sec. 3.  5 MRSA §11057 is enacted to read:
§11057.  Process for certification of legislation by Indian tribe
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Date of enactment" means the date that the Governor signs the legislation, the date 
that the unsigned legislation has the same force and effect pursuant to the Constitution 
of Maine, Article IV, Part Third, Section 2 as if the Governor had signed it or the date 
that the Governor's veto of the legislation is overridden.
B. "Legislation" means a public law, a private and special law or a resolve.
2.  Designation of officer.  The officer designated by the governor and council of the 
Penobscot Nation, the Joint Tribal Council of the Passamaquoddy Tribe or the council of 
the Houlton Band of Maliseet Indians under Title 3, section 602 or by the council of the 
Mi'kmaq Nation under Title 3, section 603 is authorized to execute a certification of 
approval of legislation and to communicate the relevant tribal government's denial of 
certification and any request for tribal-state consultation as described in this section.  
3.  Approval required.  Whenever legislation is enacted that expressly references or 
applies to the Penobscot Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet 
Indians, the Mi'kmaq Nation or one or more federally recognized Indian tribes within the 
State or members of those Indian tribes, the legislation may not take effect without the 
approval of the tribal government of the affected Indian tribe.  When approval of legislation 
by an Indian tribe is required by this subsection, certification of that approval must be made 
to the Secretary of State by the officer of the affected Indian tribe designated under 
subsection 2.  
4.  Notice.  Except as provided in subsection 5, within 45 days after final adjournment 
of a legislative session, the Secretary of State shall notify each officer designated under 
subsection 2 of each item of legislation enacted during the legislative session that will not 
take effect unless the Secretary of State receives written certification from the officer 
designated under subsection 2 that the tribal government approves of the provisions of that 
legislation.  The notice must inform the officer of the process and deadline under subsection 
for submitting for each item of legislation a certificate of approval or for submitting a 
certificate of disapproval with or without a request for tribal-state consultation.  
5.  Emergency legislation.  The Secretary of State shall notify each officer designated 
under subsection 2 within 45 days after the date of enactment of legislation that was enacted 
or finally passed as an emergency measure pursuant to the Constitution of Maine, Article 
IV, Part Third, Section 16 and that will not take effect unless the Secretary of State receives 
written certification from the officer that the tribal government approves of the provisions 
of the legislation.  The notice must inform the officer of the process and deadline under 
subsection 6 for submitting a certificate of approval or for submitting a certificate of 
disapproval with or without a request for tribal-state consultation.  
6.  Deadline; content and effect of certificate of approval or disapproval.  Within 
days of receipt of the notice from the Secretary of State under subsection 4 or 5, the 
officer designated under subsection 2 shall provide to the Secretary of State the tribal 
government's certificate of approval or disapproval.  A certificate of disapproval may be 
accompanied by a request for tribal-state consultation pursuant to subsection 7.  A 
certificate of approval or disapproval must include the date and manner of the tribal 
government's approval or disapproval of the legislation and is prima facie evidence of 
approval or disapproval, respectively.  Failure of the Secretary of State to receive a 
certificate of approval or disapproval within the time frame established in this subsection 
is prima facie evidence of disapproval.  Upon receipt of a certificate of approval or 
disapproval, the Secretary of State shall transmit certified copies of the certificate to the 
Secretary of the Senate and the Clerk of the House of Representatives.  Upon receipt of a 
request for tribal-state consultation, the Secretary of State shall transmit certified copies of 
the request to the Governor, the Secretary of the Senate and the Clerk of the House of 
Representatives.
7.  Tribal-state consultation.  Upon receipt of a request from a tribal government for 
tribal-state consultation under this section, the Governor, in consultation with the tribal 
government, shall establish a process for tribal-state consultation and collaboration.  At a 
minimum, the process must allow the Indian tribe a reasonable opportunity to provide 
information, advice and opinions on the subject of the legislation that was disapproved by 
the tribal government under this section and must require the Governor to consider the 
information, advice and opinions the Governor received from the Indian tribe when 
deciding whether and how to propose new legislation on the same or closely related 
subjects.
SUMMARY
This bill provides that legislation that expressly identifies or applies to a federally 
recognized Indian tribe or tribes in the State or to the members of such a tribe or tribes may 
not take effect without the approval of the tribal government of the affected Indian tribe or 
tribes.  The bill requires the Secretary of State to notify each affected Indian tribe of the 
enactment of such legislation and of the deadline and process for the tribal government to 
communicate its approval or disapproval of the legislation.  Under the bill, a tribal 
government that disapproves of such legislation may request that the Governor collaborate 
with the Indian tribe to establish a process for tribal-state consultation regarding the subject 
matter of the legislation.