An Act To Improve Tribal-State Relations
PART A
Sec. A-1. 3 MRSA §1, 2nd ¶, as enacted by PL 1983, c. 481, is amended to read:
The Tribal Clerk of the Penobscot Indian Nation shall, on or before the day preceding the meeting of the Legislature, furnish to the Clerk of the preceding House of Representatives a certification, under the seal of the Nation, of the name and residence of the Representative-elect of the Penobscot Indian Nation to the Legislature. The Tribal Clerk of the Passamaquoddy Tribe of the reservation from which the Representative-elect of that tribe has been chosen shall, on or before the day preceding the meeting of the Legislature, furnish the Clerk of the preceding House of Representatives a certification of the name and residence of the Representative-elect of the Passamaquoddy Tribe to the Legislature. Beginning with the 126th Legislature, the Tribal Clerk of the Houlton Band of Maliseet Indians shall, on or before the day preceding the meeting of the Legislature, furnish to the Clerk of the preceding House of Representatives a certification of the name and residence of the Representative-elect of the Houlton Band of Maliseet Indians to the Legislature.
Sec. A-2. 3 MRSA §2, 8th ¶, as amended by PL 2009, c. 431, §1, is further amended to read:
The member of the Penobscot Indian Nation and , the member of the Passamaquoddy Indian Tribe and, beginning with the Second Regular Session of the 125th Legislature, the member of the Houlton Band of Maliseet Indians elected to represent their tribes at the Legislature are entitled to receive a salary equal to the salary of members of the Senate and the House of Representatives, including a cost-of-living adjustment, for each regular session and allowance for meals, constituent service, housing and travel expenses to the same extent as members of the House of Representatives for attendance at each legislative session or authorized committee meeting. For the duration of any special session of the Legislature, they are entitled to receive the same per diem payment and allowances, including housing, meal and travel expenses, as any member of the Senate and House of Representatives.
Sec. A-3. Initial Representative of the Houlton Band of Maliseet Indians. The Tribal Clerk of the Houlton Band of Maliseet Indians shall, on or before the day preceding the meeting of the Second Regular Session of the 125th Legislature, furnish to the Clerk of the House of Representatives a certification of the name and residence of the Representative-elect of the Houlton Band of Maliseet Indians to the Legislature.
PART B
Sec. B-1. 30 MRSA §6203, sub-§8, as amended by PL 1987, c. 712, §§1 and 2, is further amended to read:
The "Penobscot Indian Reservation" includes the following parcels of land which that have been or may be acquired by the Penobscot Nation from Bangor Pacific Hydro Associates as compensation for flowage of reservation lands by the West Enfield dam: A parcel located on the Mattagamon Gate Road and on the East Branch of the Penobscot River in T.6 R.8 WELS, which is a portion of the "Mattagamon Lake Dam Lot" and has an area of approximately 24.3 acres, and Smith Island in the Penobscot River, which has an area of approximately one acre.
The "Penobscot Indian Reservation" also includes a certain parcel of land located in Argyle, Penobscot County consisting of approximately 714 acres known as the Argyle East Parcel and more particularly described as Parcel One in a deed from the Penobscot Indian Nation to the United States of America dated November 22, 2005 and recorded at the Penobscot County Registry of Deeds in Book 10267, Page 265.
Sec. B-2. Effective date . That section of this Part that amends the Maine Revised Statutes, Title 30, section 6203, subsection 8 does not take effect unless, within 90 days of the adjournment of the Second Regular Session of the 124th Legislature, the Secretary of State receives written certification by the Tribal Chief and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Part, 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 that section of this Part that amends the Maine Revised Statutes, Title 30, section 6203, subsection 8 become effective until 100 days after the adjournment of the Second Regular Session of the 124th Legislature.
PART C
Sec. C-1. 5 MRSA §1664, sub-§3-B is enacted to read:
Sec. C-2. 5 MRSA §1665, sub-§1, as amended by PL 2005, c. 601, §2, is further amended to read:
All departments and other agencies receiving or desiring to receive state funds from the Highway Fund shall submit to the officer estimates of their expenditure and appropriation requirements for each fiscal year of the ensuing biennium that do not exceed the Highway Fund appropriation of the previous fiscal year multiplied by one plus the average real personal income growth rate or 2.75%, whichever is less. The Highway Fund highway and bridge improvement accounts are exempt from this spending limitation.
The State Budget Officer shall request that the Governor provide the budget proposal for the Maine Indian Tribal-State Commission developed pursuant to Title 30, section 6212, subsection 6.
Sec. C-3. 30 MRSA §6212, sub-§6, as enacted by PL 1993, c. 600, Pt. A, §24 and affected by §25, is amended to read:
The Governor or the Governor's designee and the chief executive elected leader or the chief executive elected leader's designee of the following tribes shall communicate to produce a proposed biennial budget for the commission and to discuss any adjustments to funding:
Sec. C-4. Effective date. That section of this Part that amends the Maine Revised Statutes, Title 30, section 6212, subsection 6 does not take effect unless, within 90 days of the adjournment of the Second Regular Session of the 124th Legislature, the Secretary of State receives the following:
1. Written certification by the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of that section of this Part that amends Title 30, section 6212, subsection 6, 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;
2. Written certification by the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of that section of this Part that amends Title 30, section 6212, subsection 6, 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; and
3. Written certification by the Tribal Chief and the Council of the Penobscot Nation that the nation has agreed to the provisions of that section of this Part that amends Title 30, section 6212, subsection 6, 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.
In no event may that section of this Part that amends Title 30, section 6212, subsection 6 become effective until 100 days after the adjournment of the Second Regular Session of the 124th Legislature.
PART D
Sec. D-1. 30-A MRSA §2201, as amended by PL 2003, c. 696, §13, is further amended to read:
§ 2201. Purpose
It is the purpose of this chapter to permit public agencies , as defined in section 2202 of the State or any adjoining state, including , but not limited to , municipalities, counties , and school administrative units , and state federal agencies , and Indian tribes and their political subdivisions to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage and thereby to provide services and facilities within the State in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of communities.
Sec. D-2. 30-A MRSA §2202, sub-§2 is enacted to read:
Sec. D-3. 30-A MRSA §2203, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
§ 2203. Joint exercise of powers
Any power or powers, privileges or authority exercised or capable of exercise by a public agency of the State party to an agreement under this chapter may be exercised and enjoyed jointly or cooperatively with any other public agency of this State, or of the Federal Government party to the extent that federal laws , when applicable, permit the joint or cooperative exercise. When acting jointly or cooperatively with any public agency party, any agency of State Government may exercise all of the powers, privileges and authority conferred by this chapter upon a public agency.
Sec. D-4. 30-A MRSA §2206, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
§ 2206. Funds, personnel and services
Any public agency party entering into an agreement under this chapter may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing any personnel or services for that purpose that it may legally furnish.
Sec. D-5. 30-A MRSA §2208 is enacted to read:
§ 2208. Agreements involving federally recognized Indian tribes
This chapter does not apply to and has no effect on any agreement to which any federally recognized Indian tribe is a party if the agreement has not been entered into under the authority of this chapter.