Maine LD 2004: An Act To Restore Access To Federal Laws Beneficial To The Wabanaki Nations

Bill Text

Page 1 - 131LR1325(02)
COMMITTEE AMENDMENT
1 L.D. 2004
2 Date: (Filing No. H- )
3 JUDICIARY
4 Reproduced and distributed under the direction of the Clerk of the House.
5 STATE OF MAINE
6 HOUSE OF REPRESENTATIVES
7 131ST LEGISLATURE
8 FIRST SPECIAL SESSION
9 COMMITTEE AMENDMENT “ ” to H.P. 1284, L.D. 2004, “An Act to Restore
10 Access to Federal Laws Beneficial to the Wabanaki Nations”
11 Amend the bill by striking out everything after the enacting clause and inserting the
12 following:
13 'Sec. 1. 30 MRSA §6215 is enacted to read:
14 §6215. Application of statutes and regulations of the United States to the
15 Passamaquoddy Tribe
16 1. Further legislative findings regarding the application of statutes and
17 regulations of the United States to the Passamaquoddy Tribe. Sections 6(h) and 16(b)
18 of United States Public Law 96-420 provide that the laws and regulations of the United
19 States that are generally applicable to or enacted for the benefit of Indians or relate to a
20 special status or right of Indian nations or tribes or bands of Indians or to lands owned by
21 or held in trust for Indians, Indian nations or tribes or bands of Indians are applicable within
22 this State unless such law or regulation affects or preempts the civil, criminal or regulatory
23 jurisdiction of this State, including, without limitation, laws of this State relating to land
24 use or environmental matters.
25 A. The amendments to this Act enacted in 2023 modify the application of the laws of
26 this State with respect to the Passamaquoddy Tribe and its Indian territory or trust land
27 to the limited extent that such laws, in the absence of these amendments, would be
28 affected or preempted by the application of the statutes and regulations of the United
29 States that are generally applicable to or enacted for the benefit of Indians or relate to
30 a special status or right of Indian nations or tribes or bands of Indians or to lands owned
31 by or held in trust for Indians, Indian nations or tribes or bands of Indians, except as
32 otherwise provided by these amendments.
33 B. The amendments to this Act enacted in 2023 confirm, establish and enable, with
34 respect to the Passamaquoddy Tribe and its Indian territory or trust land, the operation,
35 application and implementation in this State of the statutes and regulations of the
36 United States that are generally applicable to Indians, Indian nations or tribes or bands

COMMITTEE AMENDMENT “ ” to H.P. 1284, L.D. 2004
Page 2 - 131LR1325(02)
COMMITTEE AMENDMENT
37 of Indians or to lands owned by or held in trust for Indians, Indian nations or tribes or
38 bands of Indians, including such statutes and regulations enacted for the benefit of
39 Indians, Indian nations or tribes or bands of Indians and statutes and regulations that
40 accord a special status or right to or that relate to a special status or right of any Indian,
41 Indian nation, tribe or band of Indians, Indian lands, Indian reservations, Indian
42 country, Indian territory or land or other natural resources held in trust for Indians,
43 except as otherwise provided by these amendments.
8 C. The amendments to this Act enacted in 2023 do not:
9 (1) Extend the general body of federal common law known as federal Indian law
10 to the Passamaquoddy Tribe and its Indian territory or trust land; or
11 (2) Adjust the jurisdictional relationship set forth in this Act and in United States
12 Public Law 96-420 between this State and the Passamaquoddy Tribe, except as
13 provided by these amendments.
14 2. Federal statutes and regulations apply to the Passamaquoddy Tribe.
15 Notwithstanding any provision of this Act to the contrary:
16 A. The State and the Passamaquoddy Tribe agree and intend pursuant to United States
17 Public Law 96-420 that any law of this State that would be affected or preempted by
18 the operation, application or implementation of any statute or regulation of the United
19 States that accords a special status or right to or relates to a special status or right of
20 any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian reservations,
21 Indian country, Indian territory or land held in trust for Indians does not apply to the
22 Passamaquoddy Tribe, except as provided in subsection 4;
23 B. The State and the Passamaquoddy Tribe agree and intend pursuant to United States
24 Public Law 96-420 that any statute or regulation of the United States enacted before,
25 on or after October 10, 1980 that accords a special status or right to or relates to a
26 special status or right of any Indian, Indian nation, tribe or band of Indians, Indian
27 lands, Indian reservations, Indian country, Indian territory or land held in trust for
28 Indians is applicable to the Passamaquoddy Tribe within this State, without regard to
29 any effect on the application of the laws of this State, except as provided in subsection
30 4; and
31 C. Modification of the application of the laws of this State to the