H.P. 926 - L.D. 1269
Resolve, to Foster the Self-governing Powers of Maine's Indian Tribes in a Manner Consistent with Protection of Rights and Resources of the General Public
Preamble. Whereas, there is conflict over the effect of the Act to Implement the Maine Indian Claims Settlement as evidenced by the introduction of legislation to give the Passamaquoddy Tribe authority to change the names of geographic features within Passamaquoddy territory; to eliminate the application of state law to tribal lands; to require full faith and credit for decisions of the tribal courts; and to make all persons within Passamaquoddy territory subject to tribal court jurisdiction; and
Whereas, the most basic function of the Maine Indian Tribal-State Commission, established as a part of the Act to Implement the Maine Indian Claims Settlement, is to "continually review the effectiveness of . . . [the Settlement] Act and the social, economic and legal relationship between the Passamaquoddy Tribe and the Penobscot Nation and the State and . . . make such reports and recommendations to the Legislature as it deems appropriate"; and
Whereas, we realize that the "[continual] review [of] the effectiveness of ... the social, economic and legal relationship between the Passamaquoddy Tribe and the Penobscot Nation and the State" requires an effort by and is of mutual interest to both the State and the Maine Indian Tribes to learn to better respect and honor the powers and duties of the State and the Indian tribes within the tribes' Indian territories; and
Whereas, we all pride ourselves on our abilities to listen, learn, identify and adapt to changing circumstances, especially with respect to the needs of our youth, both within the State and within the tribal territories; now, therefore, be it
Sec. 1. Maine Indian Tribal-State Commission authorized to focus on needs of youth. Resolved: That the Maine Indian Tribal-State Commission, established by the Maine Revised Statutes, Title 30, section 6212, is authorized and directed to undertake a systematic review of the civil laws of the State to determine the manner and extent to which those laws, as enforced, constrict or impinge upon the best interests of the children with respect to:
1. The traditional culture and way of life as practiced in the tribal communities;
2. The ability of the tribes to regulate their members, lands, schools and other cultural institutions and communities in a manner that honors tribal traditions without jeopardizing the resources of the State held for the benefit of all or the property or other rights of persons who are nonmembers of the Tribe; and
3. The respect and dignity appropriately given to all individual citizens in the State and members of the tribes; and be it further
Sec. 2. Study organization, objective; consultation, conflict resolution. Resolved: That the Maine Indian Tribal-State Commission study must be conducted over the next 4 years, in consultation with appropriate representatives of affected tribes and agencies of the State, including teachers and local law enforcement, and using conflict resolution techniques, to identify policies, programs or provisions that could be undertaken to foster the social and economic strength of both the State and Maine's tribal communities without significant risk of harm to the resources of the State held for the benefit of all, or the property or other rights of persons who are not members of the tribes and with special attention to the needs of the youth of both the State and the tribes.
The commission shall consider the concerns that gave rise to the legislation proposed by the Passamaquoddy Tribe to amend the Act to Implement the Maine Indian Claims Settlement and determine how those concerns may be addressed; and be it further
Sec. 3. Reporting dates established. Resolved: That the Maine Indian Tribal-State Commission shall report its findings and legislative recommendations to the Second Regular Session of the 118th Legislature by December 15, 1997; to the First Regular Session of the 119th Legislature by December 15, 1998; and to the First Regular Session of the 120th Legislature by December 15, 2000; and be it further
Sec. 4. Annual Assembly of the Governors and Chiefs. Resolved: That the Maine Indian Tribal-State Commission shall convene an annual Assembly of Governors and Chiefs, including the Governors of the State of Maine and the Passamaquoddy Tribe and the Chiefs of the Penobscot Nation, Houlton Band of Maliseets and Aroostook Band of Micmacs.
Effective September 19, 1997, unless otherwise indicated.
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