An Act Regarding State Recognition of Native American Tribes
Maine Legislature, Session 132, LD 0813
Sponsors: POIRIER
Amends: 5 MRSA §11053, 5 MRSA §12004-J, 5 MRSA §26002

Legislative Document
No. 813
H.P. 520
House of Representatives, March 4, 2025
An Act Regarding State Recognition of Native American Tribes
Received by the Clerk of the House on February 27, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative POIRIER of Skowhegan.
Cosponsored by Representatives: BOYER of Poland, MORRIS of Turner, RUDNICKI of 
Fairfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §11053, sub-§3, as enacted by PL 2021, c. 681, Pt. A, §1, is 
amended to read:
3.  Tribal liaison.  An agency shall designate an individual who reports directly to the 
head of the agency to serve as the agency's tribal liaison.  The tribal liaison shall:
A.  Assist with developing and ensuring the implementation of the policy required by 
subsection 1;
B.  Serve as a contact person responsible for facilitating effective communication 
between the agency and the Indian tribes; and
C.  Coordinate the training of agency employees as provided in section 11054.; and
D.  Provide technical assistance to state-recognized Indian tribes in accordance with 
section 26002, subsection 5, paragraph F.
Sec. 2.  5 MRSA §12004-J, sub-§22 is enacted to read:
22.   
Native 
American 
Indian Affairs 
Maine Commission on Native 
American Indian Affairs 
Legislative Per Diem and 
Expenses 
MRSA 
§26002 
Sec. 3.  5 MRSA c. 633 is enacted to read:
CHAPTER 633
STATE RECOGNITION OF INDIAN TRIBES
§26001. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Applicant.  "Applicant" means a group seeking formal state recognition as a Native 
American Indian tribe.
2. Commission.  "Commission" means the Maine Commission on Native American 
Indian Affairs established by section 12004-J, subsection 22.
3. Legislative committee.  "Legislative committee" means the joint standing 
committee of the Legislature having jurisdiction over judiciary matters.
4. Native American Indian tribe.  "Native American Indian tribe" means a group of 
Native American Indian people who are related to each other by kinship and who trace their 
ancestry to a kinship group that has historically maintained an organizational structure that 
exerts influence and authority over its members.
5. Recognized or recognition.  "Recognized" or "recognition" means recognized by 
the State as a Native American Indian tribe pursuant to section 26003, subsection 4.
6. Recognized tribe.  "Recognized tribe" means a Native American Indian tribe 
recognized in accordance with this chapter.
7. Review panel.  "Review panel" means the group appointed pursuant to section 
26003, subsection 3, paragraph E to review the sufficiency, accuracy and relevance of an 
application for recognition and any supplemental documentation. 
§26002. Maine Commission on Native American Indian Affairs
1.  Legislative intent.  The purpose of this chapter is to establish a process for state 
recognition of Native American Indian tribes that:
A. Recognizes the historical and cultural contributions of Native Americans to the 
State;  
B. Protects and supports the heritage of Native Americans in the State; and 
C. Helps to address the needs of recognized tribes and their members by providing 
support from state agencies and benefits from relevant state policies, programs and 
activities.  
2. Commission established; membership.  The Maine Commission on Native 
American Indian Affairs, established by section 12004-J, subsection 22, consists of 5 
members, each of whom must have been a resident of the State for a minimum of 5 years.  
The Governor shall appoint commission members from a list of candidates prepared by the 
Chancellor of the University of Maine System pursuant to subsection 3.  To the extent 
possible, the Governor shall appoint members who have different areas of expertise and 
professional affiliations and who live in different geographic locations in the State.
3. Candidate list.  The Chancellor of the University of Maine System, in consultation 
with the presidents of Colby College, Bates College and Bowdoin College, shall prepare a 
list of candidates for membership on the commission who have been residents of the State 
for a minimum of 5 years. Each of the candidates must be:
A. A professional or academic scholar with expertise in cultural or physical 
anthropology, Indian law, archaeology, Native American Indian genealogy or Native 
American Indian history or a related subject area; or 
B. A member of a Native American Indian tribe who presents evidence to the 
Chancellor of the University of Maine System of that person's Native American Indian 
affiliation.
4. Terms; reappointment.  Members of the commission are appointed for 2-year 
terms.  A member may not serve more than 2 consecutive terms, unless there is an 
insufficient number of eligible candidates to replace a member who has served 2 
consecutive terms.
5.  Duties.  The commission shall:
A.  Elect a chair from among its members annually;
B.  Provide information and guidance, including an explanation of the application 
process, to applicants for state recognition;
C. Develop and maintain a list of professionals and academic scholars with expertise 
in cultural or physical anthropology, Indian law, archaeology, Native American Indian 
genealogy or history or a related subject area who are able and willing to participate on 
review panels;
D.  Appoint a review panel pursuant to section 26003, subsection 3, paragraph E to 
review each application and any supplemental documentation submitted for state 
recognition;
E. Review each application and any supplemental documentation as well as the 
findings of the review panel related to that application and make a recommendation to 
the legislative committee for or against state recognition of the applicant pursuant to 
section 26003, subsection 3, paragraph F; and
F. Facilitate communication between each recognized tribe and the tribal liaison 
appointed by agencies under section 11053, subsection 3 to enable the recognized tribe 
to obtain technical assistance from those agencies with:
(1)  Securing state and federal grant funding and accessing other state and federal 
resources related to improving tribal social services, education, employment 
opportunities, health care and housing; and
(2) Developing and marketing the Native American Indian tribe's fine arts and 
performing arts, crafts and cultural events.
6. Meetings; expenses.  The commission meets at the call of the chair.  Members 
receive a legislative per diem and expenses for each meeting, except that members may not 
receive a legislative per diem for more than 6 meetings in a single calendar year.  For 
purposes of this subsection, "expenses" and "legislative per diem" have the same meanings 
as in section 12002, subsections 2 and 3, respectively.
7. Administrative support.  The University of Maine System shall provide 
administrative support to the commission, including assisting the commission as needed 
with each of its duties under subsection 5 and with the evaluation of applications for state 
recognition.
8.  Funding.  The commission may accept funds from the Federal Government, from 
a political subdivision of the State or from any individual, foundation or corporation and 
may expend funds for purposes that are consistent with this chapter.  Funds received under 
this subsection must be deposited in a nonlapsing account maintained by the commission 
to support the work of the commission.
§26003. State recognition of Native American Indian tribes
1. Application; required materials.  To be considered for state recognition, an 
applicant must submit an application to the commission in a form or format approved by 
the commission demonstrating that:
A. A majority of the applicant's members currently reside in a specific geographic 
location within the State;
B. A substantial number of the applicant's members are related by kinship and trace 
their ancestry to a kinship group through genealogy or other methods.  Genealogical 
documents submitted in support of this criterion may include only those documents 
that show descendance from identified Maine or regional indigenous people;
C. The applicant's Native American Indian tribe has a historical connection with other 
Native American Indian tribes, bands or nations that currently inhabit or have in the 
past inhabited the State;
D. The applicant has an enduring community presence within the boundaries of the 
State that is documented by archaeology, ethnography, cultural or physical 
anthropology, history, folklore or other reliable research or data;
E.  The applicant is organized, at least in part:
(1) To preserve, document and promote its Native American Indian culture and 
history and this purpose is reflected in bylaws or other documents of the applicant; 
and 
(2) To address the social, economic, political or cultural needs of its members with 
ongoing educational programs and activities; 
F. The applicant's documented traditions, customs, oral stories and histories signify the 
applicant's Native American Indian heritage and connection to the applicant's historical 
homeland; and
G. The applicant has not been recognized as an Indian tribe by any other state, province 
or nation.
2. Application; supplemental documentation.  An applicant may supplement its 
application under subsection 1 with letters, statements and other written materials from:
A.  Municipal, state or federal authorities documenting the applicant's history of Native 
American Indian tribe-related business and activities; and
B. Tribes within and outside of the State attesting to the applicant's Native American 
Indian heritage.
3. Application review procedures.  The commission shall establish policies and 
procedures for the review of each application that include, but are not limited to:
A. Public notice of the receipt of the application and any supplemental documentation;
B. Written notice to the applicant when each step in the review process has been 
completed;
C. A policy that any member of the commission who is a member of or affiliated with 
the applicant is ineligible to participate in any action by the commission on the 
applicant's application;
D. At least one public hearing on each application;
E. Appointment, in coordination with the applicant, of a 3-member review panel to 
determine the sufficiency, accuracy and relevance of the application materials and any 
supplemental documentation and to submit a detailed written report of its findings and 
conclusions to the commission, the applicant and the legislative committee. The 
members appointed must be professional or academic specialists with expertise in 
cultural or physical anthropology, Indian law, archaeology, Native American Indian 
genealogy or history or a related subject area.  Members of the review panel may not 
be commission members, members of the applicant or affiliated with the applicant;
F.  Review by the commission of the application and any supplemental documentation, 
the report of the review panel and any other relevant information to determine 
compliance with subsection 1 and to recommend whether the Legislature should grant 
or deny state recognition of the applicant.  A recommendation in favor of state 
recognition of the applicant may be made only by a majority vote of eligible 
commission members.  If the commission recommends that the Legislature deny state 
recognition of the applicant, it must provide the applicant and the legislative committee 
with a written notice of the reasons for the denial, including specific information 
regarding the criteria in subsection 1 that were not satisfied;
G. Deadlines for the review panel to submit its written report to the commission and 
for the commission to notify the applicant and the legislative committee of its 
recommendation.  The deadline for the commission to notify the applicant and the 
legislative committee of its recommendation may not be later than one year after the 
date that the application and any supplemental documentation were filed, unless the 
commission provides a written explanation to the applicant and the legislative 
committee of the reasons for the delay that identifies the expected date for the 
commission's issuance of its recommendation;
H. A process for the applicant to file, within one year of receiving notice of the denial 
by the commission, a request for reconsideration supported by additional 
documentation.  An applicant that fails to file a request for reconsideration within the 
time required by this paragraph may not file a new application for 2 years following 
the date the applicant received the notice of denial;
I.  Procedures for the applicant to withdraw its application at any time before the 
commission issues a recommendation under paragraph F, which must prohibit the 
applicant from filing a new application for 2 years following the date that the 
application is withdrawn; and
J. A requirement that a new application filed by an applicant more than 2 years after 
receiving a notice of denial by the commission or more than 2 years following the 
withdrawal of its earlier application must be considered without reference to the denied 
or withdrawn application and any supplemental documentation that was submitted with 
the denied or withdrawn application.
4. State recognition.  An applicant may be recognized only:
A. By approval of the Legislature; or
B. By the failure of the Legislature to take action on a recommendation from the 
commission in favor of state recognition within 2 years after receipt of the 
recommendation by the legislative committee.   For purposes of this paragraph, the 
Legislature fails to act if the Legislature fails to enact legislation recognizing the 
applicant or denying recognition to the applicant.
5. Effect of state recognition.  Recognized tribes and their members are subject to all 
laws of the State.  Recognition confers only those rights specifically described in this 
chapter and may not be construed to grant the recognized tribe or its members any right or 
claim to land or real estate in the State or right to conduct any gambling activities except 
as otherwise allowed by the laws of the State.
6. Confidentiality.  Records of genealogy submitted as part of an application or in 
support of an application for state recognition under this section are confidential and may 
be disclosed by the commission only to members of the review panel.
Sec. 4.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 5, 
section 26002, subsection 4, for the original appointments of members of the Maine 
Commission on Native American Indian Affairs, the Governor shall designate the terms of 
of the members as one-year terms.  An initial term of one year under this section may not 
be considered a full term for purposes of limiting the number of terms for which a member 
of the commission may serve.
Sec. 5.  Meetings.  Notwithstanding the Maine Revised Statutes, Title 5, section 
26002, subsection 6, the Maine Commission on Native American Indian Affairs shall meet 
at least 3 times during the first 12 months following the effective date of this Act.
SUMMARY
This bill establishes a process for state recognition of Native American Indian tribes, 
which is designed to recognize the historical and cultural contributions of Native 
Americans to the State, to protect and strengthen the heritage of Native Americans in the 
State and to provide technical assistance to state-recognized Native American Indian tribes 
and their members related to state and federal programs and activities.  It establishes the 
Maine Commission on Native American Indian Affairs, a 5-member panel of experts 
appointed by the Governor to review and to make recommendations on applications for 
state recognition of Native American Indian tribes in the State and to provide specific 
assistance to state-recognized Native American Indian tribes and their members.  The 
ultimate decision whether to confer state recognition lies with the Legislature.  
State-recognized Native American Indian tribes and their members remain subject to 
all of the laws of the State, and recognition may not be construed to grant the state- 
recognized Native American Indian tribe or its members any right or claim to land or real 
estate in the State or the right to conduct any gambling activities otherwise prohibited by 
law.