An Act to Restore Access to Federal Laws Beneficial to the Wabanaki Nations
Maine Legislature, Session 131, LD 2004
Committee: Judiciary
Sponsors: TALBOT ROSS, BRAKEY, ANDREWS, DANA, FAULKINGHAM, MOONEN, BAILEY, BENNETT, CARNEY, JACKSON
Amends: 12 MRSA §6302-A, 30 MRSA §6202, 30 MRSA §6203, 30 MRSA §6215, 30 MRSA §6216

Legislative Document
No. 2004
H.P. 1284
House of Representatives, May 30, 2023
An Act to Restore Access to Federal Laws Beneficial to the 
Wabanaki Nations
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: ANDREWS of Paris, DANA of the Passamaquoddy Tribe, FAULKINGHAM 
of Winter Harbor, MOONEN of Portland, Senators: BAILEY of York, BENNETT of Oxford, 
CARNEY of Cumberland, President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6302-A, sub-§2, as amended by PL 2013, c. 254, §2, is further 
amended by amending the first blocked paragraph to read:
For purposes of this subsection, "sustenance use" means all noncommercial consumption 
or noncommercial use by any person within Passamaquoddy Indian territory, as defined in 
Title 30, section 6205, subsection 1, Penobscot Indian territory, as defined in Title 30, 
section 6205, subsection 2, Aroostook Band Trust Land, as defined in Title 30, section 
7202, subsection 2, or Houlton Band Trust Land, as defined in Title 30, section 6203, 
subsection 2‑A 2-B, or at any location within the State by a tribal member, by a tribal 
member's immediate family or within a tribal member's household.  The term "sustenance 
use" does not include the sale of marine organisms.
Sec. 2.  30 MRSA §6202, sub-§1 is enacted to read:
1.  Application of statutes and regulations of the United States.    The purpose of 
the amendments to this Act enacted in 2023 is to adjust the jurisdiction of and the 
application of the laws of this State with respect to the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians and their Indian territory or trust land in 
order to confirm, establish and remove any doubt that the statutes and regulations of the 
United States that are generally applicable to or enacted for the benefit of Indians or relate 
to a special status or right of Indian nations or tribes or bands of Indians or to lands owned 
by or held in trust for Indians, Indian nations or tribes or bands of Indians are applicable 
within this State.
Sections 6(h) and 16(b) of United States Public Law 96-420 provide generally that the laws 
and regulations of the United States that are generally applicable to or enacted for the 
benefit of Indians or relate to a special status or right of Indian nations or tribes or bands of 
Indians or to lands owned by or held in trust for Indians, Indian nations or tribes or bands 
of Indians are applicable within this State unless such law or regulation affects or preempts 
the civil, criminal or regulatory jurisdiction of this State, including, without limitation, laws 
of this State relating to land use or environmental matters.  The purpose of the amendments 
to this Act enacted in 2023 is to modify and withdraw the jurisdiction of and the application 
of the laws of this State to the limited extent that such laws otherwise would be affected or 
preempted by the application of the statutes and regulations of the United States that are 
generally applicable to or enacted for the benefit of Indians or relate to a special status or 
right of Indian nations or tribes or bands of Indians or to lands owned by or held in trust 
for Indians, Indian nations or tribes or bands of Indians.
By modifying the jurisdiction of and the application of the laws of this State in this limited 
manner, the State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band 
of Maliseet Indians agree and intend pursuant to United States Public Law 96-420 to 
confirm, establish, enable, facilitate and adopt the operation and application in this State of 
the statutes and regulations of the United States that are generally applicable to Indians, 
Indian nations or tribes or bands of Indians or to lands owned by or held in trust for Indians, 
Indian nations or tribes or bands of Indians, including such statutes and regulations enacted 
for the benefit of Indians, Indian nations or tribes or bands of Indians and statutes and 
regulations that accord a special status or right to or that relate to a special status or right 
of any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian reservations, 
Indian country, Indian territory or land or other natural resources held in trust for Indians.
Sec. 3.  30 MRSA §6203, sub-§2-A, as enacted by PL 1981, c. 675, §§1 and 8, is 
repealed.
Sec. 4.  30 MRSA §6203, sub-§2-B is enacted to read:
2-B.  Houlton Band Trust Land.  "Houlton Band Trust Land" means land or other 
natural resources acquired by the secretary in trust for the Houlton Band of Maliseet Indians 
pursuant to the federal Houlton Band of Maliseet Indians Supplementary Claims Settlement 
Act of 1986 or pursuant to any other applicable federal Indian law.
Sec. 5.  30 MRSA §6203, sub-§2-C is enacted to read:
2-C.  Indian territory or trust land.  "Indian territory or trust land" means:
A.  With respect to the Passamaquoddy Tribe, the Passamaquoddy Indian territory;
B.  With respect to the Penobscot Nation, the Penobscot Indian territory; and
C.  With respect to the Houlton Band of Maliseet Indians, Houlton Band Trust Land.
Sec. 6.  30 MRSA §6215 is enacted to read:
§6215.  Federal statutes and regulations apply; gaming activities
Notwithstanding any provision of this Act to the contrary, the State, the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
agree and intend pursuant to United States Public Law 96-420 that any law of this State, 
including, without limitation, laws of this State relating to land use or environmental 
matters, that is contrary to or that would be affected or preempted by the operation of or 
the application of any statute or regulation of the United States that accords a special status 
or right to or relates to a special status or right of any Indian, Indian nation, tribe or band 
of Indians, Indian lands, Indian reservations, Indian country, Indian territory or land held 
in trust for Indians does not apply, except for laws of this State applicable to the crimes and 
juvenile crimes described in this Act.  Except for statutes and regulations of the United 
States that conflict with or affect or preempt the jurisdiction of this State over crimes and 
juvenile crimes described in this Act and except for federal laws identified in Section 6(c) 
of United States Public Law 96-420, the State, the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians further agree and intend pursuant to 
United States Public Law 96-420 that any statute or regulation of the United States enacted 
before, on or after October 10, 1980 that accords a special status or right to or relates to a 
special status or right of any Indian, Indian nation, tribe or band of Indians, Indian lands, 
Indian reservations, Indian country, Indian territory or land held in trust for Indians is 
applicable within this State, without regard to any effect on the jurisdiction of or the 
application of the laws of this State.
Notwithstanding any provision of this Act to the contrary, the Passamaquoddy Tribe, 
the Penobscot Nation and the Houlton Band of Maliseet Indians may conduct gaming 
activities only in accordance with the laws of this State and may not conduct gaming 
activities under the authority of the federal Indian Gaming Regulatory Act or under any 
regulations promulgated under the federal Indian Gaming Regulatory Act by the chair of 
the National Indian Gaming Commission or its successor organization.
Sec. 7.  30 MRSA §6216 is enacted to read:
§6216.  Powers of Indian tribes relating to federal statutes and regulations
Notwithstanding any provision of law to the contrary, the State, the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians agree and intend 
pursuant to United States Public Law 96-420 that each tribe, nation or band has the power 
to enact laws and ordinances relating to the operation, application and implementation of 
any statute or regulation of the United States enacted before, on or after October 10, 1980 
that accords a special status or right to or relates to a special status or right of any Indian, 
Indian nation, tribe or band of Indians, Indian lands, Indian reservations, Indian country, 
Indian territory or land held in trust for Indians.
Sec. 8.  30 MRSA c. 605 is enacted to read:
CHAPTER 605
MI'KMAQ NATION
§7301.  Federal statutes and regulations
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Mi'kmaq Nation" means the sole successor to the Mi'kmaq Nation as constituted 
in aboriginal times in what is now the State of Maine, and all its predecessors and 
successors in interest.  The Mi'kmaq Nation is represented, as of the date of enactment 
of this paragraph, as to land within the United States by the Mi'kmaq Nation Tribal 
Council.
B.  "Mi'kmaq Nation Trust Land" means land or other natural resources acquired by 
the secretary in trust for the Mi'kmaq Nation pursuant to federal legislation concerning 
the Mi'kmaq Nation.  "Mi'kmaq Nation Trust Land" has the same meaning as in Section 
3(4) of the federal Aroostook Band of Micmacs Settlement Act.
C.  "Secretary" means the Secretary of the Interior of the United States.
2. Application of statutes and regulations of the United States.  The purpose of this 
section is to adjust the jurisdiction of and the application of the laws of this State with 
respect to the Mi'kmaq Nation and Mi'kmaq Nation Trust Land in order to confirm and 
establish that the statutes and regulations of the United States that are generally applicable 
to or enacted for the benefit of Indians or relate to a special status or right of Indian nations 
or tribes or bands of Indians or to lands owned by or held in trust for Indians, Indian nations 
or tribes or bands of Indians are applicable within this State.
Sections 6(h) and 16(b) of United States Public Law 96-420 provide generally that the laws 
and regulations of the United States that are generally applicable to or enacted for the 
benefit of Indians or relate to a special status or right of Indian nations or tribes or bands of 
Indians or to lands owned by or held in trust for Indians, Indian nations or tribes or bands 
of Indians are applicable within this State unless such law or regulation affects or preempts 
the civil, criminal or regulatory jurisdiction of this State, including, without limitation, laws 
of this State relating to land use or environmental matters.  The purpose of this section is 
to modify and withdraw the jurisdiction of and the application of the laws of this State to 
the limited extent that such laws otherwise would be affected or preempted by the 
application of the statutes and regulations of the United States that are generally applicable 
to or enacted for the benefit of Indians or relate to a special status or right of Indian nations 
or tribes or bands of Indians or to lands owned by or held in trust for Indians, Indian nations 
or tribes or bands of Indians.
By modifying the jurisdiction of and the application of the laws of this State in this limited 
manner, the State and the Mi'kmaq Nation agree and intend pursuant to United States Public 
Law 102-171 to confirm, establish, enable, facilitate and adopt the operation and 
application in this State of the statutes and regulations of the United States that are generally 
applicable to Indians, Indian nations or tribes or bands of Indians or to lands owned by or 
held in trust for Indians, Indian nations or tribes or bands of Indians, including such statutes 
and regulations enacted for the benefit of Indians, Indian nations or tribes or bands of 
Indians and statutes and regulations that accord a special status or right to or that relate to 
a special status or right of any Indian, Indian nation, tribe or band of Indians, Indian lands, 
Indian reservations, Indian country, Indian territory or land or other natural resources held 
in trust for Indians.
3. Federal statutes and regulations apply; gaming activities.  Notwithstanding any 
provision of this section to the contrary, the State and the Mi'kmaq Nation agree and intend 
pursuant to United States Public Law 102-171 that any law of this State, including, without 
limitation, laws of this State relating to land use or environmental matters, that is contrary 
to or that would be affected or preempted by the operation of or the application of any 
statute or regulation of the United States that accords a special status or right to or relates 
to a special status or right of any Indian, Indian nation, tribe or band of Indians, Indian 
lands, Indian reservations, Indian country, Indian territory or land held in trust for Indians 
does not apply, except for laws of this State applicable to the crimes and juvenile crimes 
described in An Act to Implement the Maine Indian Claims Settlement.  Except for statutes 
and regulations of the United States that conflict with or affect or preempt the jurisdiction 
of this State over crimes and juvenile crimes described in An Act to Implement the Maine 
Indian Claims Settlement and except for federal laws identified in Section 6(c) of United 
States Public Law 96-420, the State and the Mi'kmaq Nation further agree and intend 
pursuant to United States Public Law 102-171 that any statute or regulation of the United 
States enacted before, on or after October 10, 1980 that accords a special status or right to 
or relates to a special status or right of any Indian, Indian nation, tribe or band of Indians, 
Indian lands, Indian reservations, Indian country, Indian territory or land held in trust for 
Indians is applicable within this State, without regard to any effect on the jurisdiction of or 
the application of the laws of this State.
Notwithstanding any provision of this section to the contrary, the Mi'kmaq Nation may 
conduct gaming activities only in accordance with the laws of this State and may not 
conduct gaming activities under the authority of the federal Indian Gaming Regulatory Act 
or under any regulations promulgated under the federal Indian Gaming Regulatory Act by 
the chair of the National Indian Gaming Commission or its successor organization.
4. Powers of Indian tribes relating to federal statutes and regulations.  
Notwithstanding any provision of law to the contrary, the State and the Mi'kmaq Nation 
agree and intend pursuant to United States Public Law 102-171 that the Mi'kmaq Nation 
has the power to enact laws and ordinances relating to the operation, application and 
implementation of any statute or regulation of the United States enacted before, on or after 
October 10, 1980 that accords a special status or right to or relates to a special status or 
right of any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian 
reservations, Indian country, Indian territory or land held in trust for Indians.
Sec. 9.  Contingent effective date. This Act takes effect 120 days after adjournment 
of the First Special Session of the 131st Legislature only if, within 90 days after 
adjournment of the First Special Session of the 131st Legislature, the Secretary of State 
receives written certification from the Joint Tribal Council of the Passamaquoddy Tribe 
that the tribe has agreed to the provisions of this Act; from the Governor and the Council 
of the Penobscot Nation that the nation has agreed to the provisions of this Act; from the 
Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to 
the provisions of this Act; and from the Mi'kmaq Nation Tribal Council that the nation has 
agreed to the provisions of this Act, copies of which must be submitted by the Secretary of 
State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.  
Upon such written certification by the Houlton Band Council of the Houlton Band of 
Maliseet Indians, each section of this Act regarding or affecting the Houlton Band of 
Maliseet Indians and its lands constitutes a jurisdictional agreement for purposes of the 
federal Maine Indian Claims Settlement Act of 1980, United States Public Law 96-420, 
Section 6(e)(2).  Such written certification by the Houlton Band Council of the Houlton 
Band of Maliseet Indians does not constitute an agreement that the contingencies in Public 
Law 1981, chapter 675 were met or that the provisions of Public Law 1981, chapter 675 
ever took effect.  Upon such written certification by the Mi’kmaq Nation Tribal Council, 
each section of this Act regarding or affecting the Mi'kmaq Nation and its lands constitutes 
a jurisdictional agreement for purposes of the Aroostook Band of Micmac Settlement Act, 
United States Public Law 102-171, Section 6(d).  Such written certification by the Mi’kmaq 
Nation Tribal Council does not constitute an agreement that the contingencies in Public 
Law 1989, chapter 148 were met or that the provisions of Public Law 1989, chapter 148 
ever took effect.
SUMMARY
This bill provides that the State, the Passamaquoddy Tribe, the Penobscot Nation and 
the Houlton Band of Maliseet Indians agree and intend pursuant to United States Public 
Law 96-420 and the State and the Mi'kmaq Nation agree and intend pursuant to United 
States Public Law 102-171 that any law of this State, including, without limitation, laws of 
this State relating to land use or environmental matters, that is contrary to or that would be 
affected or preempted by the operation of or the application of any statute or regulation of 
the United States that accords a special status or right to or relates to a special status or 
right of any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian 
reservations, Indian country, Indian territory or land held in trust for Indians does not apply, 
except for laws of this State applicable to certain crimes and juvenile crimes.  Except for 
statutes and regulations of the United States that conflict with or affect or preempt the 
jurisdiction of this State over certain enumerated crimes and juvenile crimes and except for 
federal laws identified in Section 6(c) of United States Public Law 96-420, the State, the 
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and 
the Mi'kmaq Nation further agree and intend pursuant to United States Public Law 96-420 
and to United States Public Law 102-171, as applicable, that any statute or regulation of 
the United States enacted before, on or after October 10, 1980 that accords a special status 
or right to or relates to a special status or right of any Indian, Indian nation, tribe or band 
of Indians, Indian lands, Indian reservations, Indian country, Indian territory or land held 
in trust for Indians is applicable within this State, without regard to any effect on the 
jurisdiction of or the application of the laws of this State.
The Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet 
Indians and the Mi'kmaq Nation may conduct gaming activities only in accordance with 
the laws of this State and may not conduct gaming activities under the authority of the 
federal Indian Gaming Regulatory Act or under any regulations promulgated under the 
federal Indian Gaming Regulatory Act by the chair of the National Indian Gaming 
Commission or its successor organization.
The State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians agree and intend pursuant to United States Public Law 96-420, and the 
State and the Mi'kmaq Nation agree and intend pursuant to United States Public Law 102-
171, that each tribe, nation or band has the power to enact laws and ordinances relating to 
the operation, application and implementation of any statute or regulation of the United 
States enacted before, on or after October 10, 1980 that accords a special status or right to 
or relates to a special status or right of any Indian, Indian nation, tribe or band of Indians, 
Indian lands, Indian reservations, Indian country, Indian territory or land held in trust for 
Indians.