Notwithstanding any provision of state law to the contrary, pursuant to the Aroostook Band of Micmacs Settlement Act, Section 6(d), the State and the Mi'kmaq Nation agree and establish that: [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
1.Jurisdiction of Mi'kmaq Nation to administer drinking water-related programs. The Mi'kmaq Nation 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 Mi'kmaq Nation 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 [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(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 Mi'kmaq Nation under subsection 1 does not affect or preempt the laws of the State. [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
Notwithstanding any other provision of this section, the Mi'kmaq Nation's jurisdiction does not extend beyond Mi'kmaq Nation Jurisdiction Land. [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
Added by 2023SP1, c. 369,§ A-1, eff. 11/24/2023..