Page 1 - 131LR1580(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1167 - L.D. 1835
An Act to Require the State to Notify Indian Tribes and Indian Nations
When New Laws Are Enacted That Need to Be Certified
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 3 MRSA §601, as amended by PL 1989, c. 148, §§1 and 4 and affected
by PL 2023, c. 369, Pt. A, §§2 and 5, is repealed and the following enacted in its place:
§601. Approval of legislation
This section applies when the agreement of an Indian tribe, nation or band to state
legislation is required by the federal Maine Indian Claims Settlement Act of 1980, Public
Law 96-420, formerly codified at 25 United States Code, Section 1725(e); the federal
Aroostook Band of Micmacs Settlement Act, Public Law 102-171; or other act of Congress.
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Indian tribe, nation or band" means the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation.
B. "Legislation" means state legislation to which this section applies.
2. Deadline for certifying agreement. The legislation must expressly provide that it
will not take effect, in whole or in part, unless each Indian tribe, nation or band whose
agreement is required by federal law certifies its agreement to the legislation. Any deadline
included in the legislation for the Indian tribe, nation or band to transmit the certification
of its agreement to the legislation to the Secretary of State in accordance with subsection 4
may not be less than 120 days after final adjournment of the legislative session during
which the legislation was enacted. For purposes of this section, legislation is enacted on
the date that the Governor signs the legislation, the date that the unsigned legislation has
the same force and effect pursuant to the Constitution of Maine, Article IV, Part Third,
Section 2 as if the Governor had signed it or the date that the Governor's veto of the
legislation is overridden.
APPROVED
APRIL 12, 2024
BY GOVERNOR
CHAPTER
620
PUBLIC LAW Page 2 - 131LR1580(05)
3. Notice. Within 15 business days after final adjournment of a legislative session, the
Secretary of State shall notify the chief or chiefs of an Indian tribe, nation or band, or the
person designated by the chief or chiefs pursuant to section 602 or 603, of each item of
legislation enacted during the legislative session for which the certification of the
agreement of the Indian tribe, nation or band is required by federal law. The notice must
inform the chief or the chief's designee of the deadline, if any, set forth in the legislation
for transmittal of the certification of the agreement of the Indian tribe, nation or band in
accordance with subsection 4.
Between 60 and 75 business days after final adjournment of a legislative session, the
Secretary of State shall send a 2nd notice to the person to whom the Secretary of State sent
an initial notice under this subsection identifying each item of legislation for which the
certification of the agreement of the Indian tribe, nation or band is required by federal law
but has not been received. The notice must inform the person of the deadline, if any, set
forth in each item of legislation for transmittal of the certification of the agreement of the
Indian tribe, nation or band in accordance with subsection 4.
4. Certification of agreement. The chief or chiefs of an Indian tribe, nation or band
whose agreement is required by federal law, or the person designated by the chief or chiefs
pursuant to section 602 or 603, may certify the agreement of the Indian tribe, nation or band
to the legislation in writing to the Secretary of State. The certification must state the date
and manner in which the Indian tribe, nation or band agreed to the legislation and is prima
facie evidence of agreement if submitted in accordance with the requirements of this
subsection and within the transmittal deadline, if any, established in accordance with
subsection 2. The Secretary of State shall transmit certified copies of the certification of
agreement to the Secretary of the Senate, the Clerk of the House of Representatives and the
Revisor of Statutes.
Sec. A-2. 3 MRSA §602, as amended by PL 1985, c. 672, §§1 and 4, is repealed
and the following enacted in its place:
§602. Designees; notification to Secretary of State
The Chief of the Penobscot Nation and the Chief of the Houlton Band of Maliseet
Indians may each designate, and the Chief of the Passamaquoddy Tribe at Sipayik and the
Chief of the Passamaquoddy Tribe at Motahkomikuk may jointly designate, by name and
title, a person to whom the Secretary of State must send any notices required under section
601, subsection 3 and who is authorized to certify an agreement to legislation in accordance
with section 601, subsection 4. The designation, if any, must be in writing and filed with
the Secretary of State. The Secretary of State shall transmit certified copies of each
designation to the Secretary of the Senate, the Clerk of the House of Representatives and
the Revisor of Statutes. A designation remains in effect until the Chief of the Penobscot
Nation or the Chief of the Houlton Band of Maliseet Indians rescinds the designation or
makes a new designation or until the Chief of the Passamaquoddy Tribe at Sipayik and the
Chief of the Passamaquoddy Tribe at Motahkomikuk jointly rescind the designation or
jointly make a new designation.
Sec. A-3. 3 MRSA §603,
by PL 2023, c. 369, Pt. A, §4 and affected by c. 369, Pt. A, §§2 and 5, is repealed and the
following enacted in its place:
§603. Mi'kmaq Nation designee; notification to Secretary of State Page 3 - 131LR1580(05)
The Chief of the Mi'kmaq Nation may designate, by name and title, a person to whom
the Secretary of State must send any notices required under section 601, subsection 3 and
who is authorized to certify an agreement to legislation in accordance with section 601,
subsection 4. A designation, if any, must be in writing and filed with the Secretary of State.
The Secretary of State shall transmit certified copies of the designation to the Secretary of
the Senate, the Clerk of the House of Representatives and the Revisor of Statutes. The
designation remains in effect until the Chief of the Mi'kmaq Nation rescinds the designation
or makes a new designation.
PART B
Sec. B-1. PL 2023, c. 370, §2
Sec. 2. Contingent effective date.
adjournment of the First Special Second Regular Session of the 131st Legislature only if,
within 90 120 days after adjournment of the First Special Second Regular Session of the
131st Legislature, the Secretary of State receives written certification from the Joint Tribal
Council Chief of the Passamaquoddy Tribe at Sipayik and the Chief of the Passamaquoddy
Tribe at Motahkomikuk, or the chiefs’ designee under the Maine Revised Statutes, Title 3,
section 602, that the tribe has agreed to the provisions of this Act; from the Governor and
the Council Chief of the Penobscot Nation, or the chief’s designee under Title 3, section
602, that the nation has agreed to the provisions of this Act; and from the Houlton Band
Council Chief of the Houlton Band of Maliseet Indians, or the chief’s designee under Title
3, section 602, that the band has agreed to the provisions of this Act, 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.