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Page 1 - 132LR0212(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
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S.P. 181 - L.D. 395
Resolve, Establishing the Working Group to Develop Recommendations for
Extending Federal Beneficial Laws to the Wabanaki Nations
Sec. 1. Working group established. Resolved: That the Working Group to
Develop Recommendations for Extending Federal Beneficial Laws to the Wabanaki
Nations, referred to in this resolve as "the working group," is established.
Sec. 2. Working group membership. Resolved: That, notwithstanding Joint
Rule 353, the working group consists of the following members.
1. Two members of the Senate, appointed by the President of the Senate, including
one member of the party holding the largest number of seats in the Legislature and one
member of the party holding the 2nd largest number of seats in the Legislature.
2. Two members of the House of Representatives, appointed by the Speaker of the
House of Representatives, including one member of the party holding the largest number
of seats in the Legislature and one member of the party holding the 2nd largest number of
seats in the Legislature.
The President of the Senate and the Speaker of the House of Representatives shall
invite to participate as voting members of the working group the Chief of the Houlton Band
of Maliseet Indians or the chief's designee; the Chief of the Mi'kmaq Nation or the chief's
designee; the Chief of the Passamaquoddy Tribe at Sipayik or the chief's designee; the
Chief of the Passamaquoddy Tribe at Motahkomikuk or the chief's designee; and the Chief
of the Penobscot Nation or the chief's designee.
The President of the Senate and the Speaker of the House of Representatives also shall
invite to participate as nonvoting ex officio members of the working group the Governor
or the Governor's designee; the Attorney General or the Attorney General's designee; and
the Managing Director of the Maine Indian Tribal-State Commission.
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the working
group.
Sec. 4. Appointments; convening of working group. Resolved: That all
appointments must be made no later than 15 days following the effective date of this
APPROVED
APRIL 15, 2026
BY GOVERNOR
CHAPTER
165
RESOLVES
Page 2 - 132LR0212(05)
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been made. When the appointment and invitation of
all members has been completed, the chairs of the working group shall call and c onvene
the first meeting of the working group. If 15 days or more after the effective date of this
resolve a majority of but not all appointments have been made, the chairs may request
authority and the Legislative Council may grant authority for the worki ng group to meet
and conduct its business.
Sec. 5. Duties. Resolved: That the working group shall review the federal Maine
Indian Claims Settlement Act, Public Law 96-420, Sections 6(h) and 16(b), which provide
that the laws and regulations of the United States that are generally applicable to, enacted
for the benefit of or that relate to a special status or right of Indians, Indian tribes or lands
owned by or held in trust for Indians or Indian tribes, referred to in this resolve as "federal
beneficial laws," do not apply within the State if these laws or regulations affect or preempt
the laws of the State. The working group shall develop and recommend legislative
mechanisms for extending the benefits of federal beneficial laws to the Houlton Band of
Maliseet Indians, the Mi'kmaq Nation, the Passamaquoddy Tribe and the Penobscot Nation
notwithstanding these provisions of the federal Maine Indian Claims Settlement Act. The
recommendations may identify particular federal beneficial laws that should n ot apply
within the State or propose a review process to be employed when the application of a
particular federal beneficial law within the State would have a specific and substantial
disruptive and harmful effect on the State and its citizens. Each of th e working group's
recommendations must be made by consensus. For the purpose s of this resolve,
"consensus" means the consent of the members of the working group who are
representatives of the tribe or tribes affected by a particular recommendation and a majority
of the legislative members of the working group.
Sec. 6. Quorum. Resolved: That a quorum of the working group consists of at
least 3 members who are representatives of the trib es and at least 3 members who are
members of the Legislature.
Sec. 7. Staffing assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the working group, except that Legislative Council staff
support is not authorized when the Legislature is in regular or special session.
Sec. 8. Report. Resolved: That, notwithstanding Joint Rule 353, no later than
December 2, 2026, the working group shall submit a report to the joint standing committee
of the Legislature having jurisdiction over judiciary matters that includes its findings and
consensus recommendations, including any suggested legislation. The joint standing
committee may report out legislation based on the c onsensus-based recommendations of
the working group to the 133rd Legislature in 2027.