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
46 conflict or interfere with the actual operation, application or implementation of a statute or
47 regulation of the United States that accords a special status or right to or relates to a special
48 status or right of any Indian, Indian nation, tribe or band of Indians, Indian lands, Indian
49 reservations, Indian country, Indian territory or land held in trust for Indians. If the
50 operation, application or implementation of any statute or regulation of the United States
51 in this State would result in the absence of any law or regulation applicable to a matter of
52 public health or safety, including without limitation laws relating to land use or
53 environmental matters, the corresponding laws of the State with respect to that health or
54 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.