[House Report 117-599]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      117-599

======================================================================



 
              ADVANCING EQUALITY FOR WABANAKI NATIONS ACT

                                _______
                                

December 7, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 6707]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6707) to amend the Maine Indian Claims 
Settlement Act of 1980 to advance equality for Wabanaki 
nations, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Advancing Equality for Wabanaki 
Nations Act''.

SEC. 2. APPLICATION OF CERTAIN LAWS.

  (a) Application of State Laws.--The Maine Indian Claims Settlement 
Act of 1980 (Public Law 96-420) is amended--
          (1) in section 3--
                  (A) in subsection (m), by striking ``and'' at the 
                end;
                  (B) in subsection (n), by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(o) `Mi'kmaq Nation' means the sole successor to the Micmac 
        Nation as constituted in aboriginal times in what is now the 
        State of Maine, and all its predecessors and successors in 
        interest, and which is represented, as of the date of enactment 
        of this subsection, as to lands within the United States, by 
        the Mi'kmaq Council.''; and
          (2) in section 6--
                  (A) in subsection (a), by striking ``provided in 
                section 8(e) and section 5(d)(4)'' and inserting 
                ``otherwise provided in this Act''; and
                  (B) in subsection (h)--
                          (i) by striking ``Except as other wise 
                        provided in this Act, the'' and inserting 
                        ``The'';
                          (ii) by inserting ``or enacted for the 
                        benefit of'' before ``Indians, Indian nations'' 
                        the second place it appears;
                          (iii) by inserting ``that is in effect as of 
                        the date of the enactment of the Advancing 
                        Equality for Wabanaki Nations Act, (2)'' after 
                        ``United States (1)'';
                          (iv) by striking ``also (2)'' and inserting 
                        ``also (3)''; and
                          (v) by inserting ``, unless Federal law or 
                        the State laws of Maine provide for the 
                        application of such Federal law or regulation'' 
                        before the period at the end.
  (b) Implementation of the Indian Child Welfare Act.--Section 8 of the 
Maine Indian Claims Settlement Act of 1980 (Public Law 96-420) is 
amended--
          (1) in subsection (a)--
                  (A) by striking ``or'' after ``Passamaquoddy Tribe'' 
                and inserting a comma;
                  (B) by inserting ``, the Houlton Band of Maliseet 
                Indians, or the Mi'kmaq Nation'' after ``Penobscot 
                Nation''; and
                  (C) in the second sentence, by striking ``respective 
                tribe or nation'' each place it appears and inserting 
                ``respective tribe, nation, or band'';
          (2) in subsection (b)--
                  (A) by striking ``or'' after ``Passamaquoddy Tribe'' 
                and inserting a comma; and
                  (B) by inserting ``, the Houlton Band of Maliseet 
                Indians, or the Mi'kmaq Nation'' after ``Penobscot 
                Nation'';
          (3) by striking subsection (e);
          (4) by redesignating subsection (f) as subsection (e); and
          (5) in subsection (e), as so redesignated--
                  (A) by striking ``or'' after ``Passamaquoddy Tribe'' 
                and inserting a comma;
                  (B) by inserting ``, the Houlton Band of Maliseet 
                Indians, or the Mi'kmaq Nation'' after ``Penobscot 
                Nation''; and
                  (C) by striking ``or nation'' and inserting ``, 
                nation, or band''.
  (c) Construction.--Section 16 of the Maine Indian Claims Settlement 
Act of 1980 (Public Law 96-420) is amended--
          (1) by striking ``(a)'' at the beginning; and
          (2) by striking subsection (b).
  (d) Amendment to the Aroostook Band of Micmacs Settlement Act.--The 
Aroostook Band of Micmacs Settlement Act (Public Law 102-171) is 
amended by striking section 8.

                          Purpose of the Bill

    The purpose of H.R. 6707 is to amend the Maine Indian 
Claims Settlement Act of 1980 to advance equality for Wabanaki 
nations.

                  Background and Need for Legislation

    Enacted in 1980, the Maine Indian Claims Settlement Act 
(MICSA) extinguished the legal claims of the Passamaquoddy 
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet 
Indians to their historic lands in Maine in exchange for funds 
to allow the tribes to purchase lands, provide general revenue, 
and establish old-age pensions for their members. In addition, 
MICSA ratified the state-level Maine Implementing Act, which 
extended state civil and criminal jurisdiction over each of the 
tribes.
    Notably, Section 6(h) of MICSA blocked any federal law 
previously enacted for the benefit of tribes from applying to 
Maine if the law would affect state jurisdiction, with limited 
exceptions. Section 16(b) of MICSA similarly restrained the 
application of future federal Indian laws in Maine, unless the 
law specified that it would apply to Maine. This exclusion is 
unique to the Wabanaki--no other federally-recognized tribes 
are subject to such a sweeping exclusion from federal Indian 
laws. In addition to other critical laws, MICSA has prevented 
the application of the Violence Against Women Act, the Indian 
Health Care Improvement Act, and the Stafford Act to the 
Wabanaki tribes. Removing this unique exclusion would have 
significant economic and social benefits for the Wabanaki 
nations. As concluded by a recent report by the Harvard Project 
on American Indian Economic Development, the current 
restriction has the ``consequence of handcuffing Wabanaki self-
government[, which] is today visible in the stark economic 
underperformance of all four of the tribes'' compared to other 
tribes.\1\
---------------------------------------------------------------------------
    \1\Harv. Project on Am. Indian Econ. Dev., Joseph P. Kalt, Amy 
Besaw Medford & Jonathan B. Taylor, Economic and Social Impacts of 
Restrictions on the Applicability of Federal Indian Policies to the 
Wabanaki Nations in Maine 54 (2022), https://ash.harvard.edu/sites/
hwpi.harvard.edu/files/ash/files/wabanaki_report_vfin_for_dist_2022-12-
02.pdf.
---------------------------------------------------------------------------
    H.R. 6707 will begin to address this inequity by allowing 
the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band 
of Maliseet Indians, and the Mi`kmaq Nation--known collectively 
as the Wabanaki tribes--to benefit from future enacted federal 
Indian laws.

                            Committee Action

    H.R. 6707 was introduced on February 11, 2022, by 
Representative Jared F. Golden (D-ME). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee for Indigenous Peoples of the 
United States. On March 31, 2022, the Subcommittee held a 
hearing on the bill. On June 15, 2022, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Chair Raul M. Grijalva (D-AZ) 
offered an amendment in the nature of a substitute. Rep. Jay 
Obernolte (R-CA) offered an amendment designated Obernolte #1 
to the amendment in the nature of a substitute. The amendment 
was not agreed to by voice vote. Rep. Obernolte offered an 
amendment designated Obernolte #2 to the amendment in the 
nature of a substitute. The amendment was not agreed to by a 
roll call vote of 18 yeas and 24 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment in the nature of a substitute was agreed to 
by voice vote. The bill, as amended, was adopted and ordered 
favorably reported to the House of Representatives by a roll 
call vote of 24 yeas and 17 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States held on March 31, 2022.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources` oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII 
of the Rules of the House of Representatives and section 402 of 
the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Maine Indian Claims 
Settlement Act of 1980 to advance equality for Wabanaki 
nations.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill`s 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

               MAINE INDIAN CLAIMS SETTLEMENT ACT OF 1980




           *       *       *       *       *       *       *
                              definitions

  Sec. 3. For purposes of this Act, the term--
          (a) ``Houlton Band of Maliseet Indians'' means the 
        sole successor to the Maliseet Tribe of Indians as 
        constituted in aboriginal times in what is now the 
        State of Maine, and all its predecessors and successors 
        in interest. The Houlton Band of Maliseet Indians is 
        represented, as of the date of the enactment of this 
        Act, as to lands within the United States, by the 
        Houlton Band Council of the Houlton Band of Maliseet 
        Indians;
          (b) ``land or natural resources'' means any real 
        property or natural resources, or any interest in or 
        right involving any real property or natural resources, 
        including but without limitation minerals and mineral 
        rights, timber and timber rights, water and water 
        rights, and hunting and fishing rights;
          (c) ``Land Acquisition Fund'' means the Maine Indian 
        Claims Land Acquisition Fund established under section 
        5(c) of this Act;
          (d) ``laws of the State'' means the constitution, and 
        all statutes, regulations, and common laws of the State 
        of Maine and its political subdivisions and all 
        subsequent amendments thereto or judicial 
        interpretations thereof;
          (e) ``Maine Implementing Act'' means section 1, 
        section 30, and section 31, of the ``Act to Implement 
        the Maine Indian Claims Settlement'' enacted by the 
        State of Maine in chapter 732 of the public laws of 
        1979;
          (f) ``Passamaquoddy Indian Reservation'' means those 
        lands as defined in the Maine Implementing Act;
          (g) ``Passamaquoddy Indian Territory'' means those 
        lands as defined in the Maine Implementing Act;
          (h) ``Passamaquoddy Tribe'' means the Passamaquoddy 
        Indian Tribe, as constituted in aboriginal times and 
        all its predecessors and successors in interest. The 
        Passamaquoddy Tribe is represented, as of the date of 
        the enactment of this Act, by the Joint Tribal Council 
        of the Passamaquoddy Tribe, with separate councils at 
        the Indian Township and Pleasant Point Reservations;
          (i) ``Penobscot Indian Reservation'' means those 
        lands as defined in the Maine Implementing Act;
          (j) ``Penobscot Indian Territory'' means those lands 
        as defined in the Maine Implementing Act;
          (k) ``Penobscot Nation'' means the Penobscot Indian 
        Nation as constituted in aboriginal times, and all its 
        predecessors and successors in interest. The Penobscot 
        Nation is represented, as of the date of enactment of 
        this Act, by the Penobscot Nation Governor and Council;
          (l) ``Secretary'' means the Secretary of the 
        Interior;
          (m) ``Settlement Fund'' means the Maine Indian Claims 
        Settlement Fund established under section 5(a) of this 
        Act; [and]
          (n) ``transfer'' includes but is not limited to any 
        voluntary or involuntary sale, grant, lease, allotment, 
        partition, or other conveyance; any transaction the 
        purpose of which was to effect a sale, grant, lease, 
        allotment, partition, or conveyance; and any act, 
        event, or circumstance that resulted in a change in 
        title to, possession of, dominion over, or control of 
        land or natural resources[.]; and
          (o) ``Mi'kmaq Nation'' means the sole successor to 
        the Micmac Nation as constituted in aboriginal times in 
        what is now the State of Maine, and all its 
        predecessors and successors in interest, and which is 
        represented, as of the date of enactment of this 
        subsection, as to lands within the United States, by 
        the Mi'kmaq Council.

           *       *       *       *       *       *       *


                       application of state laws

  Sec. 6. (a) Except as [provided in section 8(e) and section 
5(d)(4)] otherwise provided in this Act, all Indians, Indian 
nations, or tribes or bands of Indians in the State of Maine, 
other than the Passamaquoddy Tribe, the Penobscot Nation, and 
their members, and any lands or natural resources owned by any 
such Indian, Indian nation, tribe or band of Indians and any 
lands or natural resources held in trust by the United States, 
or by any other person or entity, for any such Indian, Indian 
nation, tribe, or band of Indians shall be subject to the civil 
and criminal jurisdiction of the State, the laws of the State, 
and the civil and criminal jurisdiction of the courts of the 
State, to the same extent as any other person or land therein.
  (b)(1) The Passamaquoddy Tribe, the Penobscot Nation, and 
their members, and the land and natural resources owned by, or 
held in trust for the benefit of the tribe, nation, or their 
members, shall be subject to the jurisdiction of the State of 
Maine to the extent and in the manner provided in the Maine 
Implementing Act and that Act is hereby approved, ratified, and 
confirmed.
  (2) Funds appropriated for the benefit of Indian people or 
for the administration of Indian affairs may be utilized, 
consistent with the purposes for which they are appropriated, 
by the Passamaquoddy Tribe and the Penobscot Nation to provide 
part or all of the local share as provided by the Maine 
Implementing Act.
  (3) Nothing in this section shall be construed to supersede 
any Federal laws or regulations governing the provision or 
funding of services or benefits to any person or entity in the 
State of Maine unless expressly provided by this Act.
  (4) Not later than October 30, 1982, the Secretary is 
directed to submit to the appropriate committees of the House 
of Representatives and the Senate having jurisdiction over 
Indian affairs a report on the Federal and State funding 
provided the Passamaquoddy Tribe and Penobscot Nation compared 
with the respective Federal and State funding in other States.
  (c) The United States shall not have any criminal 
jurisdiction in the State of Maine under the provisions of 
sections 1152, 1153, 1154, 1155, 1156, 1160, 1161, and 1165 of 
title 18 of the United States Code. This provision shall not be 
effective until sixty days after the publication of notice in 
the Federal Register as required by subsection 4(d) of this 
Act.
  (d)(1) The Passamaquoddy Tribe, the Penobscot Nation, and the 
Houlton Band of Maliseet Indians, and all members thereof, and 
all other Indians, Indian nations, or tribes or bands of 
Indians in the State of Maine may sue and be sued in the courts 
of the State of Maine and the United States to the same extent 
as any other entity or person residing in the State of Maine 
may sue and be sued in those courts; and section 1362 of title 
28, United States Code, shall be applicable to civil actions 
brought by the Passamaquoddy Tribe, the Penobscot Nation, and 
the Houlton Band of Maliseet Indians: Provided, however, That 
the Passamaquoddy Tribe, the Penobscot Nation, and their 
officers and employees shall be immune from suit to the extent 
provided in the Maine Implementing Act.
  (2) Notwithstanding the provisions of section 3477 of the 
Revised Statutes, as amended, the Secretary shall honor valid 
final orders of a Federal, State, or territorial court which 
enters money judgments for causes of action which arise after 
the date of the enactment of this Act against either the 
Passamaquoddy Tribe or the Penobscot Nation by making an 
assignment to the judgment creditor of the right to receive 
income out of the next quarterly payment from the settlement 
fund established pursuant to section 5(a) of this Act and out 
of such future quarterly payments as may be necessary until the 
judgment is satisfied.
  (e)(1) The consent of the United States is hereby given to 
the State of Maine to amend the Maine Implementing Act with 
respect to either the Passamaquoddy Tribe or the Penobscot 
Nation: Provided, That such amendment is made with the 
agreement of the affected tribe or nation, and that such 
amendment relates to (A) the enforcement or application of 
civil, criminal, or regulatory laws of the Passamaquoddy Tribe, 
the Penobscot Nation, and the State within their respective 
jurisdictions; (B) the allocation or determination of 
governmental responsibility of the State and the tribe or 
nation over specified subject matters or specified geographical 
areas, or both, including provision for concurrent jurisdiction 
between the State and the tribe or nation; or (C) the 
allocation of jurisdiction between tribal courts and State 
courts.
  (2) Notwithstanding the provisions of subsection (a) of this 
section, the State of Maine and the Houlton Band of Maliseet 
Indians are authorized to execute agreements regarding the 
jurisdiction of the State of Maine over lands owned by or held 
in trust for the benefit of the band or its members.
  (f) The Passamaquoddy Tribe and the Penobscot Nation are 
hereby authorized to exercise jurisdiction, separate and 
distinct from the civil and criminal jurisdiction of the State 
of Maine, to the extent authorized by the Maine Implementing 
Act, and any subsequent amendments thereto.
  (g) The Passamaquoddy Tribe, the Penobscot Nation, and the 
State of Maine shall give full faith and credit to the judicial 
proceedings of each other.
  (h) [Except as other wise provided in this Act, the] The laws 
and regulations of the United States which are generally 
applicable to Indians, Indian nations, or tribes or bands of 
Indians or to lands owned by or held in trust for or enacted 
for the benefit of Indians, Indian nations, or tribes or bands 
of Indians shall be applicable in the State of Maine, except 
that no law or regulation of the United States (1) that is in 
effect as of the date of the enactment of the Advancing 
Equality for Wabanaki Nations Act, (2) which accords or relates 
to a special status or right of or to any Indian, Indian 
nation, tribe or band of Indians, Indian lands, Indian 
reservations, Indian country, Indian territory or land held in 
trust for Indians, and [also (2)] also (3) which affects or 
preempts the civil, criminal, or regulatory jurisdiction of the 
State of Maine, including, without limitation, laws of the 
State relating to land use or environmental matters, shall 
apply within the State, unless Federal law or the State laws of 
Maine provide for the application of such Federal law or 
regulation.
  (i) As federally recognized Indian tribes, the Passamaquoddy 
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet 
Indians shall be eligible to receive all of the financial 
benefits which the United States provides to Indians, Indian 
nations, or tribes or bands of Indians to the same extent and 
subject to the same eligibility criteria generally applicable 
to other Indians, Indian nations or tribes or bands of Indians. 
The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton 
Band of Maliseet Indians shall be treated in the same manner as 
other federally recognized tribes for the purposes of Federal 
taxation and any lands which are held by the respective tribe, 
nation, or band subject to a restriction against alienation or 
which are held in trust for the benefit of the respective 
tribe, nation, or band shall be considered Federal Indian 
reservations for purposes of Federal taxation. Notwithstanding 
any other provision of law authorizing the provision of special 
programs and services by the United States to Indians because 
of their status as Indians, any member of the Houlton Band of 
Maliseet Indians in or near the town of Houlton, Maine, shall 
be eligible for such programs and services without regard to 
the existence of a reservation or of the residence of such 
member on or near a reservation.

           *       *       *       *       *       *       *


             implementation of the indian child welfare act

  Sec. 8. (a) The Passamaquoddy Tribe [or], the Penobscot 
Nation, the Houlton Band of Maliseet Indians, or the Mi'kmaq 
Nation may assume exclusive jurisdiction over Indian child 
custody proceedings pursuant to the Indian Child Welfare Act of 
1978 (92 Stat. 3069). Before the [respective tribe or nation] 
respective tribe, nation, or band may assume such jurisdiction 
over Indian child custody proceedings, the [respective tribe or 
nation] respective tribe, nation, or band shall present to the 
Secretary for approval a petition to assume such jurisdiction 
and the Secretary shall approve that petition in the manner 
prescribed by sections 108(a)-(c) of said Act.
  (b) Any petition to assume jurisdiction over Indian child 
custody proceedings by the Passamaquoddy Tribe [or], the 
Penobscot Nation, the Houlton Band of Maliseet Indians, or the 
Mi'kmaq Nation shall be considered and determined by the 
Secretary in accordance with sections 108 (b) and (c) of the 
Act.
  (c) Assumption of jurisdiction under this section shall not 
affect any action or proceeding over which a court has already 
assumed jurisdiction.
  (d) For the purposes of this section, the Passamaquoddy 
Indian Reservation and the Penobscot Indian Reservation are 
``reservations'' within section 4(10) of the Act.
  [(e) For the purposes of this section, the Houlton Band of 
Maliseet Indians is an ``Indian tribe'' within section 4(8) of 
the Act, provided, that nothing in this subsection shall alter 
or effect the jurisdiction of the State of Maine over child 
welfare matters as provided in subsection 6(e)(2) of this Act.]
  [(f)] (e) Until the Passamaquoddy Tribe [or], the Penobscot 
Nation, the Houlton Band of Maliseet Indians, or the Mi'kmaq 
Nation has assumed exclusive jurisdiction over the Indian child 
custody proceedings pursuant to this section, the State of 
Maine shall have exclusive jurisdiction over Indian child 
custody proceedings of that tribe [or nation], nation, or band.

           *       *       *       *       *       *       *


                              construction

  Sec. 16. [(a)] In the event a conflict of interpretation 
between the provisions of the Maine Implementing Act and this 
Act should emerge, the provisions of this Act shall govern.
  [(b) The provisions of any Federal law enacted after the date 
of enactment of this Act for the benefit of Indians, Indian 
nations, or tribes or bands of Indians, which would affect or 
preempt the application of the laws of the State of Maine, 
including application of the laws of the State to lands owned 
by or held in trust for Indians, or Indian nations, tribes, or 
bands of Indians, as provided in this Act and the Maine 
Implementing Act, shall not apply within the State of Maine, 
unless such provision of such subsequently enacted Federal law 
is specifically made applicable within the State of Maine.]
                              ----------                              


       SECTION 8 OF THE AROOSTOOK BAND OF MICMACS SETTLEMENT ACT

[SEC. 8. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT.

  [For the purposes of this section, the Band is an ``Indian 
tribe'' within the meaning of section 4(8) of the Indian Child 
Welfare Act of 1978 (25 U.S.C. 1903(8)), except that nothing in 
this section shall alter or affect the jurisdiction of the 
State of Maine over child welfare matters as provided by the 
Maine Indian Claims Settlement Act of 1980.]

                            DISSENTING VIEWS

    I strongly oppose H.R. 6707, the Advancing Equality for 
Wabanaki Nations Act, as reported by the Committee on Natural 
Resources.
    H.R. 6707 would extend the applicability of future federal 
Indian laws to the Wabanaki tribes and extend the applicability 
of the Indian Child Welfare Act to the Houlton Band of Maliseet 
Indians. Under current law, the four federally recognized 
tribes in the State of Maine, collectively known as the 
Wabanaki, are excluded from federal Indian law application, 
unless explicitly included.
    The intent of H.R. 6707 is to apply Indian laws to Tribes 
in Maine, but it is vague regarding how federal law will be 
implemented when involving federal laws that the state has been 
delegated authority to carry out, such as the Clean Air Act and 
Clean Water Act. If not done correctly, this bill could result 
in great uncertainty for Mainers, creating a patchwork of 
state, federal and tribal regulatory structures with no 
requirement to coordinate.
    The four federally recognized Indian tribes in Maine are 
the Houlton Band of Maliseet Indians, the Mi'kmaq Nation 
(formerly known as the Aroostook Band of Micmacs), the 
Passamaquoddy Tribe, and the Penobscot Nation, known 
collectively as the Wabanaki people, or ``People of the 
Dawnland.''\1\ From 1794 to the 1800s, millions of acres of 
Wabanaki lands were transferred from the tribes to 
Massachusetts and then Maine, as well as to private 
individuals, through a mix of treaties and other dealings.\2\ 
In 1972, the Passamaquoddy tribe filed a lawsuit challenging 
whether these land transfers were legal under the 
Nonintercourse Act, passed by Congress in 1790 (P.L. 10 24).\3\ 
This law prohibited any transfer of land from Indian tribes to 
another state or person unless the sale or transfer was 
ratified through a treaty with the United States. In 1975, the 
First Circuit ruled that the Nonintercourse Act applied to the 
Passamaquoddy Tribe and Penobscot Nation, even though they were 
not federally recognized at the time.\4\ This revived the land 
claims of the Wabanaki tribes.
---------------------------------------------------------------------------
    \1\Abbe Museum, About the Wabanaki Nations, https://
www.abbemuseum.org/about-the-wabanaki-nations.
    \2\H. Report 96-1353 accompanying H.R. 7919, the Maine Indian 
Claims Settlement Act 1980 at 12.
    \3\25 USC 177.
    \4\https://law.justia.com/cases/federal/appellate-courts/F2/528/
370/178873/.
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    In 1980, the Maine Indian Claims Settlement Act (MICSA) was 
enacted to extinguish the legal claims of the Passamaquoddy 
Tribe, Penobscot Nation, and Houlton Band of Maliseet Indians 
to their historic lands in Maine in exchange for trust funds to 
allow the tribes to purchase lands and provide general revenue 
and old-age pensions to their members.\5\ In addition, MICSA 
ratified the state-level Maine Implementing Act, which extended 
state civil and criminal jurisdiction over the Passamaquoddy 
Tribe, Penobscot Nation, and Houlton Band of Maliseet 
Indians.\6\
---------------------------------------------------------------------------
    \5\P.L. 96-420.
    \6\30 M.R.S.A. 6201 et. seq.
---------------------------------------------------------------------------
    Notably, Section 6(h) of MICSA prohibited any federal law 
previously enacted for the benefit of Indian tribes from 
applying to tribes in the State of Maine if the law would 
affect state jurisdiction, with limited exceptions. Section 
16(b) of MICSA similarly restrained the application of future 
beneficial federal Indian laws in Maine, unless the law 
specified that it would apply in Maine. This exclusion is 
unique to the Wabanaki tribes.
    While the intent of H.R. 6707 is to extend future federal 
Indian law applicability to the Wabanaki tribes, it is 
critically important that the Committee work with the State of 
Maine on any amendments to the MICSA. The MICSA was a 
ratification of a settlement entered into between the tribes 
and the state. Congress should give deference to the State of 
Maine to determine which changes, if any, should be made to the 
MICSA if those changes will directly impact the state. For the 
last forty years, the State of Maine has exercised certain 
jurisdiction over civil and criminal matters over all persons 
in the state, as well as an assumption of certain federal 
delegations of authorities. Unless carefully executed in close 
coordination with the state, new authorizations and changes to 
existing Indian law, may cause confusion over what the state or 
tribe's responsibilities are under the statutes. Implementation 
of this bill would also raise costs on the residents of Maine 
during a time of unprecedented inflation.
    This Committee should ensure that there is close 
coordination with states when we pass laws that change their 
sovereignty and existing authority. All governments involved in 
this sort of legislation--tribal, state, and federal--should 
coordinate such a change.
    For these reasons, I oppose this legislation.

                                           Bruce Westerman,
                                                    Ranking Member.

                                  [all]