An Act to Establish the Office of Tribal-State Affairs
Maine Legislature, Session 131, LD 1834
Committee Amendment CA_A_H809 (House)
Amends: 5 MRSA §12004

COMMITTEE AMENDMENT "^ » to H.P, 1166, L.D 1834, "RESOLUTION,
Proposing an Amendment to the Constitution of Maine to Establish an Officer on Tribal
Relations"
Amend the resolution by striking out the title and substituting the following;
'An Act to Establish the Office of Tribal-State Affairs'
Amend the resolution by striking out everything after the title and inserting the
following;
'Be it enacted by the People of the State oflVIaine as follows:
See. 1. 5 MRSA c. 5, sub-c. 3 is enacted to read;
SUBCHAPTER3
OFFICE OF TMBAL-STATE AFFAIRS
S90-X. Definitions
As used in this subchaoter. unless the context otherwise indicates, the followine terms
have the following meanings.
1.AdvisorY council. "Advisory council" means the Advisory Council on Tribal-State
Affairs undersection9Q-Z,
2. Deputy Secretary ofStatejfor Tribal-State Affairs. "Deputy Secretary of State for
Tribal-State Affairs" means the person appointed pursuant to section 90-Y. subsection 2.
3, Indian tribe, "Ind^ tribe" means a federally recognized Indian tribe within the
4. Office. "Office" means the Office of Tribal^ established in section
90-Y. subsection 1.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ?<," to H.P, 1166, L.D. 1834
5. Quasi-independent state entity._"0uasi-mdependent state entity" has the same
meaning as in section 12021. subsection 5,
6. Tribal liaison. Tribal liaison" means an individual designated to serve as the tribal
liaison of an agency under section 11053. subsection 3, For purposes of this subsection.
"agency" has the same meaning as in sectiQn 11052, subsection 1.
S90-Y. Office established; powers
1. Office established. The Office of Tribal-State Affairs is established within_the
Department of the Secretary of State to promote positive government-to-government
relations between the State and the Indian tribes in a neutral manner, including by
facilitatine collaboration between the Indian tribes and the Legislature. the judicial branch
and the executive branch, and without advocating either for or against the interests of the
State or of the Indian tribes,
2. Deputy Secretary of State for TribaI-State Affairs._After consulting with the
chiefs of each of the Indian tribes, the Secretary of State shall appoint a Deputy Secretary
of State for Tribal-State Affairs to direct theworkof the office. The_Deputy Secretary of
State for Tribal-State Affairs serves at the pleasure of the Secretary of State.
3. Powers. The office may. in a neutral manner and without advocating either for or
apainst the interests of the State or ofthe Indian jnbes:.
A. Monitor proposed leeislation and identify proposed leeislation that expressly
references or that substantially and uniquely affects the Penobscot Nation, the
Passamaquoddy Tribe, the Houlton Band oflVIaliseet Indians or the Mi'kmaq Nation
or their members and proposed legislation that expressly references federally
recognized Indianjribes^
B, Notify the chief or chiefs of each affected Indian tribe as expeditiously as possible
of proposed leeislation identified under Daragraoh A and. upon request of an Indian
h'ibe and without advocating _ either for or against such legislation, facilitate the
mrticmation of the affected Indian tribe in the legislative process. NothingJ.nthis
paragraph limits the authority of the Secretary of State and other employees of the
Department of the Secretary of State to propose legislation or to advocate either for or
aeainst pendine legislation;
C. Collaborate with the Maine Indian Tribal-State Commission to promote oositive
govemment-to-eovernment relations between the State and the Indian tribes. including
byi
Cl) At the request of an Indian tribe or the judicial branch, facilitatine effective
5 communication and collaboration between the Indian tribes and the judicial branch
on any matter except an issue currently pendine in state court or tribal court in
which an Indian tribels a partv; and
8 C2) Serving as_a,_resQurce to promote effective communication and collaboration
between the Indian tribes and all departments, agencies, boards and commissions
•within the_execuit:ive branch as well as all ciuasi-independent state entitiesi
D. Develop or identify. and promote, training programs, resources and educational
opportunities for Legislators, judges and tribal liaisons as well as employees of the
Legislature, executive branch, judicial branch and quasi-independent state entities that
COMMITTEE AMENDMENT
J^OS COMMITTEE AMENDMENT"?^" to H.P, 1166, L.D. 1834
are designed to promote effective communication and collaboration between the Slate
and the Indian tribes; positiye_govemment-to-government ^ between the State
and the Indian tribes; and cultural competency in tribal issues; and
E, Monitor the effectiveness of the Tribal-State Collaboration Act.
4. Report. By February 1. 2027. and bienniallv thereafter, the office shall submit a
report to the Governor and the joint standing committee of the Legislature having
jurisdiction over judiciary matters. The report must first be reviewed by the advisory
council and must include recommendations for improving tribal-state collaboration and
positive eovernment-to-government relations between the State and the Indian tribes, The
joint standing committee of the Legislature having jurisdiction over judiciary matters may
report out legislation on matters related to the report,
S90-Z. Advisory Council on TribaI-State Affairs
1. Establishment; membershm. The Advisory Council on Tribal-State Affairs as
established by section 12004-1, subsection 87-A consists of the followine members;
A, Two members appointed by the Chief of the Houlton Band ofMaliseetIndian^^^
B, Two members appointed by the Chief of the Mi'kmaq Nation;
C. One member appointed by the Chief of the Passamaauoddv Tribe at Sipayik;
D. One member appointed by the Chief of the PassamaQyoddv Tribe at Motahkomikuk;
E, Two members appointed bv the Chief of the Penobscot Nation;
F. One member appointed by the Maine Indian Tribal-State Commission; and
G, The Deputy Secretary ofState_for Tribal-State Affairs, as an ex officio. nonvotine
member.
2. Terms; chair. The members of the advisory council serve 3-year terms and may be
reappointed, If the aDBomtins authority fails to make an appointment prior to the expiration
of a member's term, that member continues to serve until the apoomtine authority makes
an appointment for the remainder of the subsequent term, In the event of a vacancy,the
apDointing authority may fill the_vacancv for the unexpired term. At the first meeting and
annually thereafter, the advisory committee shall selerta^c^ from amone its members.
3. Powers and duties. The advisory council:
A, Ivlav meet as often as necessary but not fewer than 4 times a year. A meeting may
be called by the chair or by any 4 members;
B. Shall advise the office on matters of tribal-state affairs, includine activities
undertaken bv the office pursuant to the authority in section 90-Y. subsection 3; and
C. Shall review the biennial report of the office required by section 90-Y, subsection
4,
4. Staffing. The office shall provide staffing services as necessary to the advisory
council,
Sec. 2. 5 MRSA §12004-1, sub-§87-A is enacted to read:
87-A.
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT"^" to H.P. 1166, L.D, 1834
Tribal-State Advisory Council on Tribal-State NotA.uthorized 5 MRSA
Relations Affau-s S90-Z
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made,
SECRETARY OF STATE, DEPARTMENT OF
Office of Tribal-State Affairs N481
Initiative; Establishes one limited-period Deputy Secretary of State position to oversee and
manage the new Office of Tribal-State Affairs, This position begins January 1, 2025 and
ends June 30, 2027,
GENERAL FUND 2023-24 2024-25
Personal Services $0 $96,929
AHOther $0 $11,207
GENERAL FUND TOTAL $0 $108,136
Sec. 4. Effective date. This Acttakes effect January 1, 2025.'
Amend the resolution by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the resolution
and changes the title, Effective January 1, 2025, the amendment establishes the Office of
Tribal-State Affairs within the Department of the Secretary of State to promote positive
government-to-government relations between the State and the Indian tribes in a neutral
manner and without advocating either for or against the interests of the State or of the
Indian tribes. The office is directed by a Deputy Secretary of State for Tribal-State Affairs
appointed by the Secretary of State after consulting with the chiefs of the Penobscot Nation,
the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians and the Mi'kmaq Nation.
Funding for this new position begms January 1, 2025 and ends June 30, 2027.
Under the amendment, the office has the authority to notify the chief of each affected
Indian tribe of proposed legislation that expressly references the Indian tribe or that will
have a substantial and unique effect on the Indian tribe or its members; on request, to
facilitate the participation of the affected tribe in the legislative process; in consultation
with the Maine Indian Tribal-State Commission, to facilitate effective communication and
collaboration between the Indian tribes and the Legislature, judicial branch, executive
branch departments, agencies, boards and commissions and quasi-independent state
entities; to develop or identify, and promote, training programs to promote cultural
competency and effective communication and collaboration between the State and the
Indian tribes; and to monitor the effectiveness of the Tribal-State Collaboration Act.
The amendment also establishes, effective January 1, 2025, an Advisory Council on
Tribal-State Affairs to advise the office m the exercise of its authority.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised: 02/08/24 ^K?^
LD 1834 LR 5(02)
RESOLUTION, Proposing an Amendment to the Constitution of Maine to Establish an Officer on
Tribal Relations
Fiscal Note for Bill as Amended by Committee Amendment "^' (H-^0<:i
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
Net Cost (Savings)
General Fund $0 $108,136 $196,655 $202,858
Appropriations/Allocations
General Fund $0 $108,136 $196,655 $202,858
Fiscal Detail and Notes
This bill establishes the Office ofTribal-State Affairs within the Department of Secretary of State, The bill includes a
General Fund appropriation of $108,136 in fiscal year 2024-25 to the Department of Secretary of State for one limited-
period Deputy Secretary of State position and related costs to oversee and manage the new Office, The position begins
January 1, 2025 and ends June 30, 2027,
LR0005(02) - Fiscal Note - Page 1 of 1