APPROVED CHAPTER
JUNE 30, 2023 369
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 1045 - L.D. 1620
An Act to Amend the Laws Regarding the Mi'kmaq Nation and to Provide
Parity to the Wabanaki Nations
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. PL 1989, c. 148, §3 is repealed and the following enacted in its place:
Sec. 3. 30 MRSA c. 603 is enacted to read:
CHAPTER 603
MI'KMAQ NATION RESTORATION ACT
§7201. Short title
This Act may be known and cited as "The Mi'kmaq Nation Restoration Act."
§7202. Legislative findings and declaration of policy
The Legislature finds and declares the following.
The Mi'kmaq Nation, previously known as the Aroostook Band of Micmacs, as
represented as of the effective date of this chapter by the Mi'kmaq Nation Tribal Council,
is the sole successor in interest, as to lands within the United States, to the aboriginal entity
generally known as the Mi'kmaq Nation that years ago claimed aboriginal title to certain
lands in the State.
The Mi'kmaq Nation was not referred to in the federal Maine Indian Claims Settlement
Act of 1980, Public Law 96-420.
There exist aboriginal lands in the State jointly used by the Mi'kmaq Nation and other
tribes to which the Mi'kmaq Nation could have asserted aboriginal title but for the
extinguishment of all such claims by the federal Maine Indian Claims Settlement Act of
1980, Public Law 96-420.
In 1991, the United States formally recognized the Mi'kmaq Nation as a sovereign
government to whom it owed a special trust relationship by enacting the federal Aroostook
Band of Micmacs Settlement Act, Public Law 102-171.
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 Section 6(d) of the federal Aroostook Band of Micmacs Settlement Act, Public Law
102-171, authorized the State of Maine and the Mi'kmaq Nation to execute agreements
regarding the State's jurisdiction over lands owned by or held in trust for the benefit of the
Mi'kmaq Nation or any citizen of the nation and provided the advance consent of the United
States to amendments of the state Micmac Settlement Act in Public Law 1989, chapter 148
for this purpose.
The State of Maine and the Mi'kmaq Nation agree and intend that this Act constitutes
a jurisdictional agreement pursuant to Section 6(d) of the federal Aroostook Band of
Micmacs Settlement Act, Public Law 102-171, that amends the state Micmac Settlement
Act, originally enacted in Public Law 1989, chapter 148.
§7203. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have
the following meanings.
1. Aroostook Band of Micmacs Settlement Act. "Aroostook Band of Micmacs
Settlement Act" means the federal Aroostook Band of Micmacs Settlement Act, Public
Law 102–171.
2. Lands or other natural resources. "Lands or other natural resources" means any
real property or natural resources, or any interest in or right involving any real property or
natural resources, including, but not limited to, minerals and mineral rights, timber and
timber rights, water and water rights and hunting and fishing rights.
3. Laws of the State. "Laws of the State" means the Constitution of Maine and all
statutes, rules or regulations and the common law of the State and its political subdivisions,
and subsequent amendments thereto or judicial interpretations thereof.
4. Mi'kmaq Nation. "Mi'kmaq Nation" has the same meaning as "Band" in Section
3(1) of the Aroostook Band of Micmacs Settlement Act.
5. Mi'kmaq Nation Jurisdiction Land. "Mi'kmaq Nation Jurisdiction Land" means:
A. All Mi'kmaq Nation Trust Land that exists as of the effective date of this subsection;
and
B. All Mi'kmaq Nation Trust Land acquired after the effective date of this subsection
that is both within Aroostook County and within 50 miles of land described in
paragraph A.
6. Mi'kmaq Nation Trust Land. "Mi'kmaq Nation Trust Land" has the same meaning
as "Band Trust Land" in Section 3(3) of the Aroostook Band of Micmacs Settlement Act.
7. Secretary. "Secretary" means the United States Secretary of the Interior.
§7204. Laws of State to apply to Indian Lands
Except as otherwise provided in this Act, the Mi'kmaq Nation and all members of the
Mi'kmaq Nation in the State and any lands or other natural resources owned by them or
held in trust for them by the United States or by any other person or entity are subject to
the laws of the State and to the civil and criminal jurisdiction of the courts of the State to
the same extent as any other person or lands or other natural resources in the State.
§7205. Powers and duties of Mi'kmaq Nation within Mi'kmaq Nation Jurisdiction
Land
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 1. Sovereign status. The State recognizes that the Mi'kmaq Nation predates the State
of Maine and the United States and possesses the power and authority to self-govern as
limited by the Aroostook Band of Micmacs Settlement Act and this Act.
2. General powers. Except as otherwise provided in this Act, the Mi'kmaq Nation,
within Mi'kmaq Nation Jurisdiction Land, may, separate and distinct from the State,
exercise exclusive jurisdiction, including by enacting ordinances, over internal tribal
matters, including membership in the nation, the right to reside within Mi'kmaq Nation
Jurisdiction Land, tribal organization, tribal government and tribal elections and the
exercise of power pursuant to section 7206, subsection 8, section 7207 and section 7208,
subsection 1, paragraph F and such matters are not subject to regulation by the State.
Pursuant to the Mi'kmaq Nation's power and authority to self-govern, the Mi'kmaq Nation
has the same, and no more, power to enact ordinances within Mi'kmaq Nation Jurisdiction
Land as municipalities have within the State. The Mi'kmaq Nation shall designate such
officers and officials as are necessary to implement and administer those laws of the State
applicable to Mi'kmaq Nation Jurisdiction Land and the residents thereof. Any resident of
Mi'kmaq Nation Jurisdiction Land who is not a member of the nation is equally entitled to
receive any municipal or governmental services provided by the nation or by the State,
except those services that are provided exclusively to members of the nation pursuant to
state or federal law, and are entitled to vote in national, state and county elections in the
same manner as any tribal member residing within Mi'kmaq Nation Jurisdiction Land.
3. Power to sue and be sued. The Mi'kmaq Nation and its members may sue and be
sued in the courts of the State to the same extent as any other entity or person in the State
except that the nation and its officers and employees are immune from suit when the nation
is acting in its governmental capacity to the same extent as municipalities or like officers
or employees thereof within the State.
4. Ordinances. The Mi'kmaq Nation has the right to exercise exclusive jurisdiction
within Mi'kmaq Nation Jurisdiction Land over violations by members of any federally
recognized Indian tribe, nation, band or other group of tribal ordinances adopted by the
nation pursuant to this section or section 7206. The decision to exercise or terminate the
jurisdiction authorized by this section must be made by the Mi'kmaq Nation Tribal Council.
If the nation chooses not to exercise, or to terminate its exercise of, jurisdiction as
authorized by this section or section 7206, the State has exclusive jurisdiction over
violations of the nation's tribal ordinances by members of any federally recognized Indian
tribe, nation, band or other group within Mi'kmaq Nation Jurisdiction Land. The State has
exclusive jurisdiction over violations of the nation's tribal ordinances by persons not
members of any federally recognized Indian tribe, nation, band or other group except as
provided in section 7208.
§7206. Regulation of natural resources
1. Adoption of hunting, trapping and fishing ordinances by Mi'kmaq Nation.
Subject to the limitations of subsection 5, the Mi'kmaq Nation has exclusive authority
within Mi'kmaq Nation Jurisdiction Land to enact ordinances regulating:
A. Hunting, trapping or other taking of wildlife; and
B. Taking of fish on any pond in which all the shoreline and all submerged lands are
wholly within Mi'kmaq Nation Jurisdiction Land and that is less than 10 acres in
surface area.
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Ordinances under this subsection must be equally applicable, on a nondiscriminatory basis,
to all persons regardless of whether a person is a member of the Mi'kmaq Nation except
that, subject to the limitations of subsection 5, ordinances under this subsection may include
special provisions for the sustenance of the individual members of the Mi'kmaq Nation. In
addition to the authority provided by this subsection, the Mi'kmaq Nation, subject to the
limitations of subsection 5, may exercise within Mi'kmaq Nation Trust Land all the rights
incident to ownership of land under the laws of the State.
2. Registration stations. The Mi'kmaq Nation shall establish and maintain registration
stations for the purpose of registering bear, moose, deer and other wildlife killed within
Mi'kmaq Nation Jurisdiction Land and shall adopt ordinances requiring registration of such
wildlife to the extent and in substantially the same manner as such wildlife are required to
be registered under the laws of the State. These ordinances requiring registration must be
equally applicable to all persons without distinction based on tribal membership. The
Mi'kmaq Nation shall report the deer, moose, bear and other wildlife killed and registered
within Mi'kmaq Nation Jurisdiction Land to the Commissioner of Inland Fisheries and
Wildlife at such times as the commissioner considers appropriate. The records of
registration of the Mi'kmaq Nation must be available, at all times, for inspection and
examination by the commissioner.
3. Sustenance fishing within Mi'kmaq Nation Jurisdiction Land. Subject to the
limitations of subsection 5 and notwithstanding any other provision of state law to the
contrary, the members of the Mi'kmaq Nation may take fish for their individual sustenance
within the boundaries of Mi'kmaq Nation Jurisdiction Land to the same extent as authorized
under section 6207, subsection 4.
4. Posting. Lands or waters subject to regulation by the Mi'kmaq Nation must be
conspicuously posted in such a manner as to provide reasonable notice to the public of the
limitations on hunting, trapping, fishing or other use of those lands or waters.
5. Supervision by Commissioner of Inland Fisheries and Wildlife. The
Commissioner of Inland Fisheries and Wildlife, or the commissioner's successor, is entitled
to conduct fish and wildlife surveys within Mi'kmaq Nation Jurisdiction Land to the same
extent as the commissioner is authorized to conduct such surveys in other areas of the State.
Before conducting any such survey, the commissioner shall provide reasonable advance
notice to the Mi'kmaq Nation and afford the nation a reasonable opportunity to participate
in that survey. If the commissioner, at any time, has reasonable grounds to believe that a
tribal ordinance adopted under this section, or the absence of such a tribal ordinance, is
adversely affecting or is likely to adversely affect the stock of any fish or wildlife on lands
or waters outside the boundaries of lands or waters subject to regulation by the Mi'kmaq
Nation, the commissioner shall inform the governing body of the nation of the
commissioner's opinion and attempt to develop appropriate remedial standards in
consultation with the nation. If such efforts fail, the commissioner may call a public hearing
to investigate the matter further. Any such hearing must be conducted in a manner
consistent with the laws of the State applicable to adjudicative hearings. If, after a hearing,
the commissioner determines that any such tribal ordinance or the absence of a tribal
ordinance is causing, or there is a reasonable likelihood that it will cause, a significant
depletion of fish or wildlife stocks on lands or waters outside the boundaries of lands or
waters subject to regulation by the Mi'kmaq Nation, the commissioner may adopt
appropriate remedial measures including rescission of any such tribal ordinance and, in lieu
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thereof, order the enforcement of the generally applicable laws or rules of the State. In
adopting any remedial measures, the commissioner shall use the least restrictive means
possible to prevent a substantial diminution of the stocks in question and shall take into
consideration the effect that non-Indian practices on non-Indian lands or waters are having
on those stocks. The remedial measures adopted by the commissioner may not be more
restrictive than those that the commissioner could impose if the area in question was not
within Mi'kmaq Nation Jurisdiction Land.
In any administrative proceeding under this section, the commissioner has the burden of
proof. The decision of the commissioner may be appealed in the manner provided by the
laws of the State for judicial review of administrative action and may be sustained only if
supported by substantial evidence.
6. Transportation of game. Fish lawfully taken within Mi'kmaq Nation Jurisdiction
Land and wildlife lawfully taken within Mi'kmaq Nation Jurisdiction Land and registered
pursuant to ordinances adopted by the Mi'kmaq Nation may be transported within the State.
7. Fish. As used in this section, "fish" means a cold-blooded, completely aquatic
vertebrate animal having permanent fins, gills and an elongated streamlined body usually
covered with scales and includes inland fish and anadromous and catadromous fish when
in inland water.
8. Regulation of drinking water. Unless the Mi'kmaq Nation, in its discretion, enters
into an intergovernmental agreement authorizing the State to exercise concurrent
jurisdiction over specific drinking water-related issues within Mi'kmaq Nation Jurisdiction
Land:
A. The Mi'kmaq Nation has exclusive authority to enact ordinances regulating drinking
water within Mi'kmaq Nation Jurisdiction Land;
B. The State may not exercise primary enforcement authority from the United States
Environmental Protection Agency to implement the federal Safe Drinking Water Act
and its implementing regulations, as amended, within Mi'kmaq Nation Jurisdiction
Land; and
C. The Mi'kmaq Nation may seek to be treated as a state and to obtain primary
enforcement authority from the United States Environmental Protection Agency to
implement the federal Safe Drinking Water Act and its implementing regulations, as
amended, within Mi'kmaq Nation Jurisdiction Land.
Notwithstanding any other provision of this subsection, the Mi'kmaq Nation's jurisdiction
does not extend beyond Mi'kmaq Nation Jurisdiction Land.
§7207. Jurisdiction of Mi'kmaq Nation over drinking water within Mi'kmaq Nation
Jurisdiction Land
Notwithstanding any provision of state law to the contrary, pursuant to the Aroostook
Band of Micmacs Settlement Act, Section 6(d), the State and the Mi'kmaq Nation agree
and establish that:
1. Jurisdiction of Mi'kmaq Nation to administer drinking water-related
programs. The Mi'kmaq Nation may seek to be treated as a state pursuant to the federal
Safe Drinking Water Act, 42 United States Code, Section 300j-11, and its implementing
regulations, as amended, within Mi'kmaq Nation Jurisdiction Land and may otherwise
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benefit from and exercise jurisdiction under any other federal law enacted after October 10,
1980 that permits a federally recognized Indian tribe to administer drinking water-related
programs; and
2. Administration of drinking water-related programs does not affect or preempt
state law. The application of any provision of the federal Safe Drinking Water Act and its
implementing regulations, as amended, and of any other federal law enacted after October
10, 1980 that permits a federally recognized Indian tribe to administer drinking water-
related programs and the enforcement of such laws and regulations by the Mi'kmaq Nation
under subsection 1 does not affect or preempt the laws of the State.
Notwithstanding any other provision of this section, the Mi'kmaq Nation's jurisdiction
does not extend beyond Mi'kmaq Nation Jurisdiction Land.
§7208. Jurisdiction of the Mi'kmaq Tribal Court
1. Exclusive jurisdiction over certain matters. Except as provided in subsections 5
and 6, the Mi'kmaq Nation has the right to exercise exclusive jurisdiction, separate and
distinct from the State, over:
A. Criminal offenses for which the maximum potential term of imprisonment is less
than one year and the maximum potential fine does not exceed $5,000 and that are
committed on Mi'kmaq Nation Jurisdiction Land by a member of any federally
recognized Indian tribe, nation, band or other group, except when committed against a
person who is not a member of any federally recognized Indian tribe, nation, band or
other group or against the property of a person who is not a member of any federally
recognized Indian tribe, nation, band or other group;
B. Juvenile crimes against a person or property involving conduct that, if committed
by an adult, would fall within the exclusive jurisdiction of the Mi'kmaq Nation under
paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection 1,
paragraphs B and C, committed by a juvenile member of the Mi'kmaq Nation, the
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation
within Mi'kmaq Nation