HP0755, LD 1094, item 1, An Act To Improve Tribal-state Relations

An Act To Improve Tribal-state Relations

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 30 MRSA §6206, sub-§1, as enacted by PL 1979, c. 732, §§1 and 31, is amended to read:

1. General powers. Except as otherwise provided in this Act, the Passamaquoddy Tribe and the Penobscot Nation, within their respective Indian territories, shall have, exercise and enjoy all the rights, privileges, powers and immunities of a municipality, including, but without limitation, the power of a municipality to enact ordinances and collect taxes , and shall be subject to all the duties, obligations, liabilities and limitations of a municipality of and are subject to the laws of the State, provided, however, except that internal tribal matters, including membership in the respective tribe or nation, the right to reside within the respective Indian territories, tribal organization, tribal government, tribal elections and the use or disposition of settlement fund income shall may not be subject to regulation by the State. The Passamaquoddy Tribe and the Penobscot Nation shall designate such officers and officials as are necessary to implement and administer those laws of the State applicable to the respective Indian territories and the residents thereof. Any resident of the Passamaquoddy Indian territory or the Penobscot Indian territory who is not a member of the respective tribe or nation nonetheless shall be is equally entitled to receive any municipal or governmental services provided by the respective tribe or nation or by the State, except those services which that are provided exclusively to members of the respective tribe or nation pursuant to state or federal law, and shall be is entitled to vote in national, state and county elections in the same manner as any tribal member residing within Indian territory.

Sec. 2. Effective date; certification. This Act does not take effect unless, within 60 days of the adjournment of the Legislature, the Secretary of State receives written certification by the Tribal Chief and Council of the Penobscot Nation and the Joint Tribal Council of the Passamaquoddy Tribe that the nation and tribe have agreed to the provisions of this Act pursuant to 25 United States Code, Section 1725(e), 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, except that in no event may this Act become effective until 90 days after the adjournment of the Legislature.

summary

This bill amends An Act to Implement the Maine Indian Claims Settlement by removing language that provides that the Passamaquoddy Tribe and the Penobscot Nation, within their respective Indian territories, are subject to all the duties, obligations, liabilities and limitations of a municipality.

HP0755 LD 1094	Session - 127th Maine Legislature		LR 1284 Item 1
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