HP0211, LD 317, item 1, An Act To Recognize and Provide for the Right of Access for Members of the Houlton Band of Maliseet Indians To Certain Public Lands in Aroostook County for Traditional Uses

An Act To Recognize and Provide for the Right of Access for Members of the Houlton Band of Maliseet Indians To Certain Public Lands in Aroostook County for Traditional Uses

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

Sec. 1. 12 MRSA c. 219 is enacted to read:

CHAPTER 219

ACCESS BY HOULTON BAND OF MALISEET INDIANS ON CERTAIN LANDS FOR WOOD HARVESTING

§ 1771. Authority to harvest wood in Aroostook County

Notwithstanding any other provision of law and in accordance with rules adopted by the Commissioner of Agriculture, Conservation and Forestry, referred to in this section as "the commissioner," a member of the Houlton Band of Maliseet Indians who is a resident of the State, referred to in this section as "an eligible tribal member," may collect or harvest wood or wood fiber in Aroostook County on lands owned by the State and on uninhabited lands in the unorganized and deorganized areas of Aroostook County without fee or cost for the purpose of using the wood or wood fiber for fuel, personal shelter construction or traditional woodcraft production.

1. Rules. The commissioner shall adopt rules governing the collection and harvesting of wood or wood fiber, in accordance with the following:

A. The rules must ensure a sufficient amount of wood or wood fiber is available to satisfy the harvesting needs of eligible tribal members;

B. Throughout the rule-making process, the commissioner shall seek input from the Houlton Band of Maliseet Indians to ensure that the specific harvesting needs of eligible tribal members are met. The commissioner shall ensure that:

(1) An adequate number of birch trees that have a radius of greater than 16 inches and that are otherwise suitable for canoe making are accessible to eligible tribal members; and

(2) An adequate number of ash trees suitable for basket making are accessible to eligible tribal members;

C. The rules must maximize eligible tribal members' access to the desired wood, while also ensuring that any harvesting activities are consistent with the use and purposes of the land on which the harvesting occurs; and

D. When adopting rules related to any land held by the Department of Inland Fisheries and Wildlife, the commissioner shall consult with the Commissioner of Inland Fisheries and Wildlife.

Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

The commissioner shall review the rules periodically to ensure compliance with the requirements of this subsection.

SUMMARY

This bill permits any member of the Houlton Band of Maliseet Indians who is a resident of the State to collect or harvest wood or wood fiber in Aroostook County on lands owned by the State and uninhabited lands in the unorganized and deorganized areas of the county for the purpose of using the wood or wood fiber for fuel, personal shelter construction or traditional woodcraft production.

The bill directs the Commissioner of Agriculture, Conservation and Forestry to adopt rules governing the collection and harvesting of wood or wood fiber by members of the Houlton Band of Maliseet Indians.

HP0211 LD 317	Session - 127th Maine Legislature		LR 238 Item 1
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