An Act to Restore
Maine Legislature, Session 132, LD 0395
Committee Amendment CA_A_S693 (Senate)

COMMITTEE AMENDMENT " f\ " to S.P. 181, L.D. 395, "An Act to Restore
Access to Federal Laws Beneficial to the Wabanaki Nations"
Amend the bill by striking out the title and substituting the following:
'Resolve, Establishing the Working Group to Develop Recommendations for
Extending Federal Beneficial Laws to the Wabanaki Nations'
Amend the bill by striking out everything after the title and inserting the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the federal Maine Indian Claims Settlement Act, Public Law 96-420,
Sections 6(h) and 16(b) provide that the laws and regulations of the United States that are
generally applicable to or enacted for the benefit of Indians or that relate to a special status
or right of Indian tribes or lands owned by or held in trust for Indians or Indian tribes do
not apply within the State if these laws or regulations affect or preempt the laws of the
State; and
Whereas, differing interpretations of whether these specific federal laws affect or
preempt state law have caused disagreements between the State and the Wabanaki Nations
and have led to uncertainty and have negatively affected the ability of the Wabanaki
Nations, their members and their surrounding communities to benefit from these laws; and
Whereas, the tribal nations and the State desire that all of Maine's citizens prosper;
and
Whereas, over the past 6 years, the Legislature has repeatedly considered legislation
designed to apply many of these federal laws to the Wabanaki Nations in the State but has
determined that Grafting effective legislation requires careful consideration of complex
issues; and
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /\" to S.P. 181, L.D. 395
Whereas, this legislation needs to take effect before the expiration of the 90-day
period in order to allow the working group established in this resolve sufficient time to
complete its work on this complex topic; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore, be it
Sec. 1. Working group established. Resolved; That the Working Group to
Develop Recommendations for Extending Federal Beneficial Laws to the Wabanaki
Nations, referred to in this resolve as "the working group," is established.
Sec. 2. Working group membership. Resolved: That, notwithstanding Joint
Rule 353, the working group consists of the following members.
1. Two members of the Senate, appointed by the President of the Senate, including
one member of the party holding the largest number of seats in the Legislature and one
member of the party holding the 2nd largest number of seats in the Legislature.
2. Two members of the House of Representatives, appointed by the Speaker of the
House of Representatives, including one member of the party holding the largest number
of seats in the Legislature and one member of the party holding the 2nd largest number of
seats in the Legislature.
The President of the Senate and the Speaker of the House of Representatives shall
invite to participate as voting members of the working group the Chief of the Houlton Band
of Maliseet Indians or the chiefs designee; the Chief of the Mi'kmaq Nation or the chiefs
designee; the Chief of the Passamaquoddy Tribe at Sipayik or the chiefs designee; the
Chief of the Passamaquoddy Tribe at Motahkomikuk or the chiefs designee; and the Chief
of the Penobscot Nation or the chiefs desigaee.
The President of the Senate and the Speaker of the House of Representatives also shall
invite to participate as nonvoting ex officio members of the working group the Governor
or the Governor's designee; the Attorney General or the Attorney General's designee; and
the Managing Director of the Maine Indian Tribal-State Commission,
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the working
group.
See. 4. Appointments; convening of working group. Resolved: That all
appointments must be made no later than 15 days following the effective date of this
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been made. When the appointment and invitation of
all members has been completed, the chairs of the working group shall call and convene
the first meeting of the working group. If 15 days or more after the effective date of this
resolve a majority of but not all appointments have been made, the chairs may request
authority and the Legislative Council may grant authority for the working group to meet
and conduct its business.
See. 5. Duties. Resolved: That the working group shall review the federal Maine
Indian Claims Settlement Act, Public Law 96-420, Sections 6(h) and 16(b), which provide
COMMITTEE AMENDMENT
COMMin'BE AMENDMENT"^ "toS.P. 181,L.D. 395^'^<2>
that the laws and regulations of the United States that are generally applicable to, enacted
for the benefit of or that relate to a special status or right of Indians, Indian tribes or lands
owned by or held in trust for Indians or Indian tribes, referred to in this resolve as "federal
beneficial laws," do not apply within the State if these laws or regulations affect or preempt
the laws of the State. The working group shall develop and recommend legislative
mechanisms for extending the benefits of federal beneficial laws to the Houlton Band of
Maliseet Indians, the Mi'kmaq Nation, the Passamaquoddy Tribe and the Penobscot Nation
notwithstanding these provisions of the federal Maine Indian Claims Settlement Act. The
recommendations may identify particular federal beneficial laws that should not apply
within the State or propose a review process to be employed when the application of a
particular federal beneficial law within the State would have a specific and substantial
disruptive and harmful effect on the State and its citizens. Each of the working group's
recommendations must be made by consensus. For the purposes of this resolve,
"consensus" means the consent of the members of the working group who are
representatives of the tribe or tribes affected by a particular recommendation and a majority
of the legislative members of the working group.
Sec. 6. Quorum. Resolved: That a quorum of the working group consists of at
least 3 members who are representatives of the tribes and at least 3 members who are
members of the Legislature.
See. 7. Staffing assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the working group, except that Legislative Council staff
support is not authorized when die Legislature is in regular or special session.
See. 8. Report. Resolved: That, notwithstanding Joint Rule 353, no later than
December 2,2026, the working group shall submit a report to the joint standing committee
of the Legislature having jurisdiction over judiciary matters that includes its findings and
consensus recommendations, including any suggested legislation. The joint standing
committee may report out legislation based on the consensus-based recommendations of
the working group to the 133rd Legislature in 2027.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill with a resolve establishing the Working Group to
Develop Recommendations for Extending Federal Beneficial Laws to the Wabanaki
Nations. The amendment directs the working group to develop consensus
recommendations for extending the benefits of federal beneficial laws to the Houlton Band
of Maliseet Indians, the Mi'kmaq Nation, the Passamaquoddy Tribe and the Penobscot
Nation notwithstanding Sections 6(h) and 16(b) of the federal Maine Indian Claims
Settlement Act. It directs the working group to submit a report by December 2, 2026 to the
joint standing committee of the Legislature having jurisdiction over judiciary matters that
includes the working group's findings and consensus recommendations, including any
suggested legislation. The joint standing committee may report out legislation related to
the report to the 133rd Legislature in 2027.
COMMITTEE AMENDMENT
COMMIITEB AMENDMENT "A " to S,P. 181, L.D. 395 (,2»-t
The amendment also adds an emergency preamble and emergency clause.
FISCAL NOTE REQmRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/19/26 LRL
LD 395 LR 212(02)
An Act to Restore Access to Federal Laws Beneficial to the Wabanaki Nations
Fiscal Note for Bill as Amended by Committee Amendment "^"^S'CA^'S
Committee: Judiciary
Fiscal Note Required; Yes
Fiscal Note
Legislative Cost/Study
Legislative Cost/Study
The general operating expenses of this study are projected to be $1,400 in fiscal year 2025-26 and $1,650 m fiscal
year 2026-27. The Legislature's budget for the 2026-2027 biennium includes $7,253 in fiscal year 2025-26 and
$17,696 in fiscal year 2026-27 for the costs of legislative studies, as well as $41,338 of balances carried over from
prior fiscal years for this purpose. Whether these amounts are sufficient to fund all shidies will depend on the number
of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing
assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources.
Fiscal Detail and Notes
Any additional costs to the Executive Department, the Office of the Attorney General and the Maine Indian - Tribal
State Commission to participate in the work group are expected to be minor and can be absorbed within existing
budgeted resources.
LR0212(02) - Fiscal Note - Page 1 of 1