Section 6207-D - Jurisdiction of the Houlton Band of Maliseet Indians over drinking water within Houlton Band Jurisdiction LandNotwithstanding any provision of state law to the contrary, pursuant to the federal Maine Indian Claims Settlement Act of 1980, Public Law 96-420, Section 6(e)(2), the State and the Houlton Band of Maliseet Indians agree and establish that: [2023, c. 369, Pt. D, §5(NEW); 2023, c. 369, Pt. D, §8(AFF).]
1.Jurisdiction of Houlton Band of Maliseet Indians to administer drinking water-related programs. The Houlton Band of Maliseet Indians may seek to be treated as a state pursuant to the federal Safe Drinking Water Act, 42 United States Code, Section 300j-11, and its implementing regulations, as amended, within Houlton Band Jurisdiction Land and may otherwise benefit from and exercise jurisdiction under any other federal law enacted after October 10, 1980 that permits a federally recognized Indian tribe to administer drinking water-related programs; and [2023, c. 369, Pt. D, §5(NEW); 2023, c. 369, Pt. D, §8(AFF).]
2.Administration of drinking water-related programs does not affect or preempt state law. The application of any provision of the federal Safe Drinking Water Act and its implementing regulations, as amended, and of any other federal law enacted after October 10, 1980 that permits a federally recognized Indian tribe to administer drinking water-related programs and the enforcement of such laws and regulations by the Houlton Band of Maliseet Indians under subsection 1 does not affect or preempt the laws of the State. [2023, c. 369, Pt. D, §5(NEW); 2023, c. 369, Pt. D, §8(AFF).]
Notwithstanding any other provision of this section, the Houlton Band of Maliseet Indians' jurisdiction does not extend beyond Houlton Band Jurisdiction Land. [2023, c. 369, Pt. D, §5(NEW); 2023, c. 369, Pt. D, §8(AFF).]
Added by 2023SP1, c. 369,§ D-5, eff. 120 days after adjournment of the First Special Session of the 131st Legislature only if, within 90 days after adjournment of the First Special Session of the 131st Legislature, the Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the Houlton Band of Maliseet Indians has agreed to the provisions of this Part.