HP0912, LD 1315, item 1, An Act Regarding the Maine Indian Tribal-State Commission and Directing the Commission To Address Issues To Improve the Relationship between the State and the Penobscot Nation, Passamaquoddy Tribe, Houlton Band of Maliseet Indians and Aroostook Band of Micmacs

An Act Regarding the Maine Indian Tribal-State Commission and Directing the Commission To Address Issues To Improve the Relationship between the State and the Penobscot Nation, Passamaquoddy Tribe, Houlton Band of Maliseet Indians and Aroostook Band of Micmacs

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, this legislation must take effect before the expiration of the 90-day period in order to allow the Maine Indian Tribal-State Commission to complete its work and report in time to the Second Regular Session of the 128th Legislature; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 30 MRSA §6212, sub-§3, as amended by PL 2009, c. 384, Pt. F, §3 and affected by §4, is further amended to read:

3. Responsibilities. In addition to the responsibilities set forth in this Act, the commission shall continually review the effectiveness of this Act and the social, economic and legal relationship between the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation and the State and shall make such reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation as it determines appropriate. The commission may submit legislation with its reports and recommendations.

Nine members constitute a quorum of the commission and a decision or action of the commission is not valid unless 7 members vote in favor of the action or decision.

Sec. 2. Maine Indian Tribal-State Commission. The Maine Indian Tribal-State Commission under the Maine Revised Statutes, Title 30, section 6212, referred to in the section as "the commission," shall convene within 30 days following the effective date of this Act to study the issues under this section.

1. Study. The commission shall study:

A. The final passage of the Act to Implement the Maine Indian Claims Settlement;

B. The recognition of the Kineo Band of Maliseet Indians and the transfer of a 500-acre parcel of state-owned land at Mount Kinio to the Kinio Band of Maliseet Indians for its exclusive use;

C. The right of the Maliseet Indians to exist free from environmental, cultural, economic, political and social harm and from trespasses within their tribal trust lands and traditional homelands, comprising the entire St. John River watershed, including Aroostook County;

D. Memorializing the President of the United States and the Congress of the United States to provide to the Houlton Band of Maliseet Indians just and equitable compensation for negative impacts upon Maliseet tribal lands comparable to the land claim settlement provided to the Penobscot Nation and the Passamaquoddy Tribe in the federal Maine Indian Land Claims Settlement Act of 1980;

E. Establishing a commission to investigate the causes and effects of the oil tanker train derailment in Lac-Megantic, Quebec, Canada and the threat that incident and such oil transports represent to the Maliseet and other people of the entire St. John River watershed and those who reside along oil transport corridors;

F. The State's apologizing to the Houlton Band of Maliseet Indians for the improper removal of Maliseet children from Maliseet tribal communities and establishing a commission to conduct fact-finding hearings and to determine compensation for damages; and

G. Authorizing the Aroostook Band of Micmacs to benefit from the operation of an existing casino.

Sec. 3. Report; legislation. No later than December 6, 2017, the commission shall submit a report that includes its findings and recommendations, including legislation pursuant to the Maine Revised Statutes, Title 30, section 6212, subsection 3, for presentation to the Second Regular Session of the 128th Legislature.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill amends the law establishing the Maine Indian Tribal-State Commission to allow the commission to submit legislation and directs the commission to study a number of unresolved issues between the State and the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs and Maliseet Indians.

HP0912 LD 1315	Session - 128th Maine Legislature		LR 233 Item 1
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