An Act to Restore Access to Federal Laws Beneficial to the
Maine Legislature, Session 132, LD 0395
Committee: Judiciary
Sponsors: TALBOT ROSS, DANA
Amends: 30 MRSA §6215, 30 MRSA §6216, 30 MRSA §6217

Legislative Document
No. 395
S.P. 181
In Senate, February 4, 2025
An Act to Restore Access to Federal Laws Beneficial to the 
Wabanaki Nations
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TALBOT ROSS of Cumberland.
Cosponsored by Representative DANA of the Passamaquoddy Tribe and
Senators: BENNETT of Oxford, CARNEY of Cumberland, HARRINGTON of York, 
MARTIN of Oxford, MOORE of Washington, Representatives: FAULKINGHAM of Winter 
Harbor, KUHN of Falmouth, LEE of Auburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30 MRSA §6215 is enacted to read:
§6215.  Application of statutes and regulations of the United States to the 
Passamaquoddy Tribe
1.  Further legislative findings regarding the application of statutes and 
regulations of the United States to the Passamaquoddy Tribe. Sections 6(h) and 16(b) 
of United States Public Law 96-420 provide 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.
A. The amendments to this Act enacted in 2025 modify the application of the laws of 
this State with respect to the Passamaquoddy Tribe and its Indian territory or trust land 
to the limited extent that such laws, in the absence of these amendments, 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, except as 
otherwise provided by these amendments.
B. The amendments to this Act enacted in 2025 confirm, establish and enable, with 
respect to the Passamaquoddy Tribe and its Indian territory or trust land, the operation, 
application and implementation 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, 
except as otherwise provided by these amendments.
C. The amendments to this Act enacted in 2025 do not:
(1)  Extend the general body of federal common law known as federal Indian law 
to the Passamaquoddy Tribe and its Indian territory or trust land; or 
(2) Adjust the jurisdictional relationship set forth in this Act and in United States 
Public Law 96-420 between this State and the Passamaquoddy Tribe, except as 
provided by these amendments.   
2.  Federal statutes and regulations apply to the Passamaquoddy Tribe. 
Notwithstanding any provision of this Act to the contrary:
A. The State and the Passamaquoddy Tribe agree and intend pursuant to United States 
Public Law 96-420 that any law of this State that would be affected or preempted by 
the operation, application or implementation 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 to the 
Passamaquoddy Tribe, except as provided in subsection 4; 
B. The State and the Passamaquoddy Tribe 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 to the Passamaquoddy Tribe within this State, without regard to 
any effect on the application of the laws of this State, except as provided in subsection 
4; and  
C. Modification of the application of the laws of this State to the Passamaquoddy Tribe 
under this section is limited to those particular circumstances in which the application 
of the laws of this State to the Passamaquoddy Tribe would conflict or interfere with 
the actual operation, application or implementation of a 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.  If the 
operation, application or implementation of any statute or regulation of the United 
States to the Passamaquoddy Tribe would result in the absence of any law or regulation 
applicable to the Passamaquoddy Tribe relating to a matter of public health or safety, 
including without limitation laws relating to land use or environmental matters, the 
corresponding laws of the State with respect to that health or safety matter must apply 
to the Passamaquoddy Tribe to fill any regulatory gap.  For the purposes of this 
paragraph, "corresponding laws of the State" means laws of the State that apply to 
similar activities outside of Indian lands, Indian reservations, Indian country, Indian 
territory or land held in trust for Indians.
3.  Notice regarding applicability of federal and state law to the Passamaquoddy 
Tribe. Whenever the Passamaquoddy Tribe believes that a law of this State does not apply 
to the Passamaquoddy Tribe, its citizens or its tribal territory or trust lands as a result of 
subsection 2 and the application of a statute or regulation of the United States, the 
Passamaquoddy Tribe shall provide written notice to the Attorney General.  The Attorney 
General shall use reasonable efforts to respond in writing to the Passamaquoddy Tribe 
within 30 days if the State disagrees with the Passamaquoddy Tribe's position regarding 
the application of the laws of the State. The failure of the Passamaquoddy Tribe to provide 
notice under this subsection does not limit the application to the Passamaquoddy Tribe of 
any statute or regulation of the United States. The failure of the Attorney General to provide 
notice under this subsection does not limit the authority of the State to dispute the 
application of any statute or regulation of the United States or the application of any law of 
this State to the Passamaquoddy Tribe.  
4.  Gaming activities; criminal jurisdiction; environmental laws; application to 
the Passamaquoddy Tribe. Notwithstanding any provision of this Act to the contrary: 
A. The Passamaquoddy Tribe 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;
B.  The laws of this State applicable to the crimes and juvenile crimes described in this 
Act apply to the Passamaquoddy Tribe as provided in this Act.  The 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 do not apply to the 
Passamaquoddy Tribe, unless such provisions are specifically made applicable within 
the State of Maine.  The federal laws identified in Section 6(c) of United States Public 
Law 96-420 do not apply to the Passamaquoddy Tribe; and
C. The provisions of the federal Clean Water Act, the federal Water Quality Act of 
1987, the federal Clean Air Act and the federal Indian Mineral Development Act of 
1982, including all future amendments and reauthorizations of those Acts, do not apply 
with respect to the Passamaquoddy Tribe and its Indian territory or trust land to the 
extent the provisions affect or preempt the application of the laws of this State and 
directly or indirectly extend the jurisdiction of the Passamaquoddy Tribe beyond its 
Indian territory or trust land, unless such provisions are specifically made applicable 
within the State of Maine.
5.  Powers of Passamaquoddy Tribe relating to federal statutes and regulations. 
Notwithstanding any provision of law to the contrary, the State and the Passamaquoddy 
Tribe agree and intend pursuant to United States Public Law 96-420 that the 
Passamaquoddy Tribe 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, except 
as otherwise provided in subsection 4.
6. Contingent repeal.  Notwithstanding Title 1, section 71, subsection 8, this section 
is repealed if a court of competent jurisdiction enters a final judgment concluding that no 
part of this section is effective in causing 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 to apply to the 
Passamaquoddy Tribe and its Indian territory or trust land. For purposes of this subsection, 
"final judgment" does not include a judgment that is the subject of a pending appeal or for 
which the time period for taking an appeal has not yet expired. If this contingency is met, 
the Attorney General or the Joint Tribal Council of the Passamaquoddy Tribe shall notify 
the Secretary of State, the Secretary of the Senate, the Clerk of the House of 
Representatives and the Revisor of Statutes.
Sec. 2.  30 MRSA §6216 is enacted to read:
§6216.  Application of statutes and regulations of the United States to the Penobscot 
Nation
1.  Further legislative findings regarding the application of statutes and 
regulations of the United States to the Penobscot Nation.  Sections 6(h) and 16(b) of 
United States Public Law 96-420 provide 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.  
A.  The amendments to this Act enacted in 2025 modify the application of the laws of 
this State with respect to the Penobscot Nation and its Indian territory or trust land to 
the limited extent that such laws, in the absence of these amendments, 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, except as 
otherwise provided by these amendments.
B.  The amendments to this Act enacted in 2025 confirm, establish and enable, with 
respect to the Penobscot Nation and its Indian territory or trust land, the operation, 
application and implementation 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, 
except as otherwise provided by these amendments.
C. The amendments to this Act enacted in 2025 do not:
(1)  Extend the general body of federal common law known as federal Indian law 
to the Penobscot Nation and its Indian territory or trust land; or 
(2)  Adjust the jurisdictional relationship set forth in this Act and in United States 
Public Law 96-420 between this State and the Penobscot Nation, except as 
provided by these amendments.   
2.  Federal statutes and regulations apply to the Penobscot Nation. 
Notwithstanding any provision of this Act to the contrary:
A.  The State and the Penobscot Nation agree and intend pursuant to United States 
Public Law 96-420 that any law of this State that would be affected or preempted by 
the operation, application or implementation 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 to the 
Penobscot Nation, except as provided in subsection 4; 
B.  The State and the Penobscot Nation 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 to the Penobscot Nation within this State, without regard to any 
effect on the application of the laws of this State, except as provided in subsection 4; 
and  
C.  Modification of the application of the laws of this State to the Penobscot Nation 
under this section is limited to those particular circumstances in which the application 
of the laws of this State to the Penobscot Nation would conflict or interfere with the 
actual operation, application or implementation of a 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.  If the operation, 
application or implementation of any statute or regulation of the United States to the 
Penobscot Nation would result in the absence of any law or regulation applicable to the 
Penobscot Nation relating to a matter of public health or safety, including without 
limitation laws relating to land use or environmental matters, the corresponding laws 
of the State with respect to that health or safety matter must apply to the Penobscot 
Nation to fill any regulatory gap.  For the purposes of this paragraph, "corresponding 
laws of the State" means laws of the State that apply to similar activities outside of 
Indian lands, Indian reservations, Indian country, Indian territory or land held in trust 
for Indians.
3.  Notice regarding applicability of federal and state law to the Penobscot Nation.  
Whenever the Penobscot Nation believes that a law of this State does not apply to the 
Penobscot Nation, its citizens or its tribal territory or trust lands as a result of subsection 2 
and the application of a statute or regulation of the United States, the Penobscot Nation 
shall provide written notice to the Attorney General.  The Attorney General shall use 
reasonable efforts to respond in writing to the Penobscot Nation within 30 days if the State 
disagrees with the Penobscot Nation's position regarding the application of the laws of the 
State. The failure of the Penobscot Nation to provide notice under this subsection does not 
limit the application to the Penobscot Nation of any statute or regulation of the United 
States. The failure of the Attorney General to provide notice under this subsection does not 
limit the authority of the State to dispute the application of any statute or regulation of the 
United States or the application of any law of this State to the Penobscot Nation.  
4.  Gaming activities; criminal jurisdiction; environmental laws; application to 
the Penobscot Nation.  Notwithstanding any provision of this Act to the contrary: 
A.  The Penobscot 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;
B.  The laws of this State applicable to the crimes and juvenile crimes described in this 
Act apply to the Penobscot Nation as provided in this Act.  The statutes and regulations 
of the United States that conflict with or affect or preempt the jurisdiction of the State 
over crimes and juvenile crimes described in this Act do not apply to the Penobscot 
Nation, unless such provisions are specifically made applicable within the State of 
Maine.  The federal laws identified in Section 6(c) of United States Public Law 96-420 
do not apply to the Penobscot Nation; and
C.  The provisions of the federal Clean Water Act, the federal Water Quality Act of 
1987, the federal Clean Air Act and the federal Indian Mineral Development Act of 
1982, including all future amendments and reauthorizations of those Acts, do not apply 
with respect to the Penobscot Nation and its Indian territory or trust land to the extent 
the provisions affect or preempt the application of the laws of this State and directly or 
indirectly extend the jurisdiction of the Penobscot Nation beyond its Indian territory or 
trust land, unless such provisions are specifically made applicable within the State of 
Maine.
5.  Powers of Penobscot Nation relating to federal statutes and regulations.  
Notwithstanding any provision of law to the contrary, the State and the Penobscot Nation 
agree and intend pursuant to United States Public Law 96-420 that the Penobscot 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, except as 
otherwise provided in subsection 4.
6. Contingent repeal.  Notwithstanding Title 1, section 71, subsection 8, this section 
is repealed if a court of competent jurisdiction enters a final judgment concluding that no 
part of this section is effective in causing 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 to apply to the Penobscot 
Nation and its Indian territory or trust land. For purposes of this subsection, "final 
judgment" does not include a judgment that is the subject of a pending appeal or for which 
the time period for taking an appeal has not yet expired. If this contingency is met, the 
Attorney General or the Governor and the Council of the Penobscot Nation shall notify the 
Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives 
and the Revisor of Statutes.
Sec. 3.  30 MRSA §6217 is enacted to read:
§6217.  Application of statutes and regulations of the United States to the Houlton 
Band of Maliseet Indians
1.  Further legislative findings regarding the application of statutes and 
regulations of the United States to the Houlton Band of Maliseet Indians.  Sections 
6(h) and 16(b) of United States Public Law 96-420 provide 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.  
A. The amendments to this Act enacted in 2025 modify the application of the laws of 
this State with respect to the Houlton Band of Maliseet Indians and its Indian territory 
or trust land to the limited extent that such laws, in the absence of these amendments, 
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, 
except as otherwise provided by these amendments.
B. The amendments to this Act enacted in 2025 confirm, establish and enable, with 
respect to the Houlton Band of Maliseet Indians and its Indian territory or trust land, 
the operation, application and implementation 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, except as otherwise provided by these amendments.
C. The amendments to this Act enacted in 2025 do not:
(1)  Extend the general body of federal common law known as federal Indian law 
to the Houlton Band of Maliseet Indians and its Indian territory or trust land; or 
(2)  Adjust the jurisdictional relationship set forth in this Act and in United States 
Public Law 96-420 between this State and the Houlton Band of Maliseet Indians, 
except as provided by these amendments.   
2.  Federal statutes and regulations apply to the Houlton Band of Maliseet Indians. 
Notwithstanding any provision of this Act to the contrary:
A. The State and the Houlton Band of Maliseet Indians agree and intend pursuant to 
United States Public Law 96-420 that any law of this State that would be affected or 
preempted by the operation, application or implementation 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 to the Houlton Band of Maliseet Indians, except as provided in subsection 4; 
B. The State and the Houlton Band of Maliseet Indians 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 to the Houlton Band of Maliseet Indians within this State, 
without regard to any effect on the application of the laws of this State, except as 
provided in subsection 4; and  
C. Modification of the application of the laws of this State to the Houlton Band of 
Maliseet Indians under this section is limited to those particular circumstances in which 
the application of the laws of this State to the Houlton Band of Maliseet Indians would 
conflict or interfere with the actual operation, application or implementation of a 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.  If the operation, application or implementation of any statute or regulation of 
the United States to the Houlton Band of Maliseet Indians would result in the absence 
of any law or regulation applicable to the Houlton Band of Maliseet Indians relating to 
a matter of public health or safety, including without limitation laws relating to land 
use or environmental matters, the corresponding laws of the State with respect to that 
health or safety matter must apply to the Houlton Band of Maliseet Indians to fill any 
regulatory gap.  For the purposes of this paragraph, "corresponding laws of the State" 
means laws of the State that apply to similar activities outside of Indian lands, Indian 
reservations, Indian country, Indian territory or land held in trust for Indians.
3.  Notice regarding applicability of federal and state law to the Houlton Band of 
Maliseet Indians. Whenever the Houlton Band of Maliseet Indians believes that a law of 
this State does not apply to the Houlton Band of Maliseet Indians, its citizens or its tribal 
territory or trust lands as a result of subsection 2 and the application of a statute or 
regulation of the United States, the Houlton Band of Maliseet Indians shall provide written 
notice to the Attorney General.  The Attorney General shall use reasonable efforts to 
respond in writing to the Houlton Band of Maliseet Indians within 30 days if the State 
disagrees with the Houlton Band of Maliseet Indians' position regarding the application of 
the laws of the State. The failure of the Houlton Band of Maliseet Indians to provide notice 
under this subsection does not limit the application to the Houlton Band of Maliseet Indians 
of any statute or regulation of the United States. The failure of the Attorney General to 
provide notice under this subsection does not limit the authority of the State to dispute the 
application of any statute or regulation of the United States or the application of any law of 
this State to the Houlton Band of Maliseet Indians.  
4.  Gaming activities; criminal jurisdiction; environmental laws; application to 
the Houlton Band of Maliseet Indians. Notwithstanding any provision of this Act to the 
contrary: 
A. 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;
B.  The laws of this State applicable to the crimes and juvenile crimes described in this 
Act apply to the Houlton Band of Maliseet Indians as provided in this Act.  The statutes 
and regulations of the United States that conflict with or affect or preempt the 
jurisdiction of the State over crimes and juvenile crimes described in this Act do not 
apply to the Houlton Band of Maliseet Indians, unless such provisions are specifically 
made applicable within the State of Maine.  The federal laws identified in Section 6(c) 
of United States Public Law 96-420 do not apply to the Houlton Band of Maliseet 
Indians; and
C. The provisions of the federal Clean Water Act, the federal Water Quality Act of 
1987, the federal Clean Air Act and the federal Indian Mineral Development Act of 
1982, including all future amendments and reauthorizations of those Acts, do not apply 
with respect to the Houlton Band of Maliseet Indians and its Indian territory or trust 
land to the extent the provisions affect or preempt the application of the laws of this 
State and directly or indirectly extend the jurisdiction of the Houlton Band of Maliseet 
Indians beyond its Indian territory or trust land, unless such provisions are specifically 
made applicable within the State of Maine.
5.  Powers of Houlton Band of Maliseet Indians relating to federal statutes and 
regulations. Notwithstanding any provision of law to the contrary, the State and the 
Houlton Band of Maliseet Indians agree and intend pursuant to United States Public Law 
96-420 that the Houlton Band of Maliseet Indians 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, except as otherwise provided in subsection 4.
6. Contingent repeal.  Notwithstanding Title 1, section 71, subsection 8, this section 
is repealed if a court of competent jurisdiction enters a final judgment concluding that no 
part of this section is effective in causing 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 to apply to the Houlton 
Band of Maliseet Indians and its Indian territory or trust land. For purposes of this 
subsection, "final judgment" does not include a judgment that is the subject of a pending 
appeal or for which the time period for taking an appeal has not yet expired. If this 
contingency is met, the Attorney General or the Houlton Band Council of the Houlton Band 
of Maliseet Indians shall notify the Secretary of State, the Secretary of the Senate, the Clerk 
of the House of Representatives and the Revisor of Statutes.
Sec. 4.  30 MRSA c. 605 is enacted to read:
CHAPTER 605
MI'KMAQ NATION
§7301.  Federal statutes and regulations
1. Application of statutes and regulations of the United States.  Sections 6(h) and 
16(b) of United States Public Law 96-420 provide 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.
A. This section modifies the application of the laws of this State with respect to the 
Mi'kmaq Nation and its Indian territory or trust land to the limited extent that such 
laws, in the absence of the provisions of this section, 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, except as otherwise provided by 
this section. 
B. This section confirms, establishes and enables, with respect to the Mi'kmaq Nation 
and its Indian territory or trust land, the operation, application and implementation 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, except as otherwise provided by this 
section.
C. This section does not:
(1) Extend the general body of federal common law known as federal Indian law 
to the Mi'kmaq Nation and its Indian territory or trust land; or 
(2) Adjust the jurisdictional relationship set forth in United States Public Law 102-
between this State and the Mi'kmaq Nation except as provided by this section.
2. Federal statutes and regulations apply. 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:
A. Any law of this State that would be affected or preempted by the operation, 
application or implementation 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 to the Mi'kmaq 
Nation, except as otherwise provided in subsection 4;
B. 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 to the 
Mi'kmaq Nation, without regard to any effect on the application of the laws of this 
State, except as provided in subsection 4;
C. This modification of the application of the laws of this State to the Mi'kmaq Nation 
under this section is limited to those particular circumstances in which the application 
of the laws of this State to the Mi'kmaq Nation would conflict or interfere with the 
actual operation, application or implementation of a 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; and
D. If the operation, application or implementation of any statute or regulation of the 
United States to the Mi'kmaq Nation would result in the absence of any law or 
regulation applicable to the Mi'kmaq Nation relating to a matter of public health or 
safety, including without limitation laws relating to land use or environmental matters, 
the corresponding laws of the State with respect to that health or safety matter must 
apply to the Mi'kmaq Nation to fill any regulatory gap. For the purposes of this 
paragraph, "corresponding laws of the State" means laws of the State that apply to 
similar activities outside of Indian lands, Indian reservations, Indian country, Indian 
territory or land held in trust for Indians.
3. Notice regarding applicability of federal and state law. Whenever the Mi'kmaq 
Nation believes that a law of this State does not apply to the Mi'kmaq Nation, its citizens 
or its tribal territory or trust land as a result of subsection 2 and the application of a statute 
or regulation of the United States, the Mi'kmaq Nation shall provide written notice to the 
Attorney General. The Attorney General shall use reasonable efforts to respond in writing 
to the Mi'kmaq Nation within 30 days if the State disagrees with the Mi'kmaq Nation's 
position regarding the application of the laws of this State.  The failure of the Mi'kmaq 
Nation to provide notice under this subsection does not limit the application to the Mi'kmaq 
Nation of any statute or regulation of the United States.  The failure of the Attorney General 
to provide notice under this subsection does not limit the authority of the State to dispute 
the application of any statute or regulation of the United States or the application of any 
law of this State.  
4. Gaming activities; criminal jurisdiction; environmental laws. Notwithstanding 
any provision of this section to the contrary:
A.  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;
B.  The laws of this State applicable to crimes and juvenile crimes apply to the Mi'kmaq 
Nation. The statutes and regulations of the United States that conflict with or affect or 
preempt the jurisdiction of this State over crimes and juvenile crimes do not apply to 
the Mi'kmaq Nation, unless such provisions are specifically made applicable within the 
96-420 do not apply in this State; and
C.  The provisions of the federal Clean Water Act, the federal Water Quality Act of 
1987, the federal Clean Air Act and the federal Indian Mineral Development Act of 
1982, including all future amendments and reauthorizations of those Acts, do not apply 
with respect to the Mi'kmaq Nation and its Indian territory or trust land to the extent 
the provisions affect or preempt the application of the laws of this State and directly or 
indirectly extend the jurisdiction of the Mi'kmaq Nation beyond its Indian territory or 
trust land, unless such provisions are specifically made applicable within the State of 
Maine.
5. Powers of Mi'kmaq Nation 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, except as 
otherwise provided in subsection 4.
6. Contingent repeal.  Notwithstanding Title 1, section 71, subsection 8, this section 
is repealed if a court of competent jurisdiction enters a final judgment concluding that no 
part of this section is effective in causing 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 to apply to the Mi'kmaq 
Nation and its Indian territory or trust land. For purposes of this subsection, "final 
judgment" does not include a judgment that is the subject of a pending appeal or for which 
the time period for taking an appeal has not yet expired. If this contingency is met, the 
Attorney General or the Mi'kmaq Nation Tribal Council shall notify the Secretary of State, 
the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes.
Sec. 5.  Contingent effective date. That section of this Act that enacts the Maine 
Revised Statutes, Title 30, section 6215 takes effect 120 days after adjournment of the First 
Regular Session of the 132nd Legislature only if, within 90 days after adjournment of the 
certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has 
agreed to the provisions of that section, copies of which must be submitted by the Secretary 
of State to the Secretary of the Senate, the Clerk of the House of Representatives and the 
Revisor of Statutes.
That section of this Act that enacts the Maine Revised Statutes, Title 30, section 6216 
takes effect 120 days after adjournment of the First Regular Session of the 132nd 
Legislature only if, within 90 days after adjournment of the First Regular Session of the 
132nd Legislature, the Secretary of State receives written certification from the Governor 
and the Council of the Penobscot Nation that the nation has agreed to the provisions of that 
section, copies of which must be submitted by the Secretary of State to the Secretary of the 
Senate, the Clerk of the House of Representatives and the Revisor of Statutes.
That section of this Act that enacts the Maine Revised Statutes, Title 30, section 6217 
takes effect 120 days after adjournment of the First Regular Session of the 132nd 
Legislature only if, within 90 days after adjournment of the First Regular Session of the 
132nd Legislature, the Secretary of State receives written certification from the Houlton 
Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the 
provisions of that section, copies of which must be submitted by the Secretary of State to 
the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes.  Upon such written certification by the Houlton Band Council of the Houlton Band 
of Maliseet Indians, Title 30, section 6217 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.
That section of this Act that enacts the Maine Revised Statutes, Title 30, chapter 605 
takes effect 120 days after adjournment of the First Regular Session of the 132nd 
Legislature only if, within 90 days after adjournment of the First Regular Session of the 
132nd Legislature, the Secretary of State receives written certification from the Mi'kmaq 
Nation Tribal Council that the nation has agreed to the provisions of that chapter, copies of 
which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk 
of the House of Representatives and the Revisor of Statutes.  Upon such written 
certification by the Mi'kmaq Nation Tribal Council, Title 30, chapter 605 constitutes a 
jurisdictional agreement for purposes of the Aroostook Band of Micmacs 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:
1.  Establishes new findings within the Maine Implementing Act to distinguish 
legislative findings relevant to this bill from the findings made during the enactment of the 
original 1980 Implementing Act. Separate but identical findings are included for the 
Passamaquoddy Tribe, Penobscot Nation and Houlton Band of Maliseet Indians. These 
findings describe the effect of Section 6(h) and Section 16(b) of the federal Settlement Act, 
United States Public Law 96-420, in precluding the Passamaquoddy Tribe, Penobscot 
Nation and Houlton Band of Maliseet Indians from benefiting from federal laws and 
regulations 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 if 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 findings describe the purposes of the amendments to the Maine Implementing 
Act included in this legislation regarding the application of state and federal law to the 
Passamaquoddy Tribe, Penobscot Nation and Houlton Band of Maliseet Indians;  
2.  Adds separate but identical sections to the Maine Implementing Act that apply to 
the Passamaquoddy Tribe, Penobscot Nation and Houlton Band of Maliseet Indians and 
that describe the application of federal and state law to each. Regarding state law, the 
language provides that any law of this State that would be affected or preempted by the 
operation, application or implementation 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 as specifically 
provided in the Act;
3.  Regarding federal law, provides 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 application of the 
laws of this State, except as specifically provided;
4.  Provides that modification of the application of the laws of this State is limited to 
those particular circumstances in which the application of the laws of this State would 
conflict or interfere with the actual operation, application or implementation of a 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.  If the 
operation, application or implementation of any statute or regulation of the United States 
in this State would result in the absence of any law or regulation applicable to a matter of 
public health or safety, including without limitation laws relating to land use or 
environmental matters, the corresponding laws of the State with respect to that health or 
safety matter apply to fill any regulatory gap;
5.  Describes a process by which the Passamaquoddy Tribe, Penobscot Nation and 
Houlton Band of Maliseet Indians are to notify the Attorney General in the event they 
believe that a law of this State does not apply by virtue of the amendments proposed by 
this legislation; 
6.  Provides that the Passamaquoddy Tribe, Penobscot Nation and 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;
7.  Provides that the laws of this State applicable to the crimes and juvenile crimes 
described in this legislation apply to the Passamaquoddy Tribe, Penobscot Nation and 
Houlton Band of Maliseet Indians as provided in this legislation; the 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 legislation do not apply in this 
State; and the federal laws identified in Section 6(c) of United States Public Law 96-420 
do not apply in this State;
8.  Provides that the federal Clean Water Act, the federal Water Quality Act of 1987, 
the federal Clean Air Act and the federal Indian Mineral Development Act of 1982, as well 
as all future amendments to those laws, do not apply to the Passamaquoddy Tribe, 
Penobscot Nation, Houlton Band of Maliseet Indians and Mi'kmaq Nation and their Indian 
territory or trust land to the extent the provisions affect or preempt the application of the 
laws of this State and extend the jurisdiction of the tribe, nation or band beyond their Indian 
territory or trust land, unless such provisions are specifically made applicable within the 
State; 
9.  Provides that, 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 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, except as otherwise provided;
10.  Creates a new chapter within the Maine Revised Statutes, Title 30 pertaining to 
the Mi'kmaq Nation with provisions that mirror those applicable to the Passamaquoddy 
Tribe, Penobscot Nation and Houlton Band of Maliseet Indians;
11.  Adds contingent effective date language specific to each tribe, nation or band; and
12. Adds contingent repeal language.