Maine Code § 30-6207-B

Jurisdiction of Penobscot Nation over drinking water within the Penobscot Indian
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territory
Notwithstanding 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)(1), the State and the Penobscot Nation
agree and establish that: [PL 2023, c. 647, Pt. B, §3 (NEW); PL 2023, c. 647, Pt. B, §9 (AFF).]
1. Jurisdiction of Penobscot Nation to administer drinking water-related programs. The
Penobscot 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 the
Penobscot Indian territory 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
[PL 2023, c. 647, Pt. B, §3 (NEW); PL 2023, c. 647, Pt. B, §9 (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 Penobscot Nation under subsection 1 does not affect or preempt the
laws of the State.
[PL 2023, c. 647, Pt. B, §3 (NEW); PL 2023, c. 647, Pt. B, §9 (AFF).]
Notwithstanding any other provision of this section, the Penobscot Nation's jurisdiction does not
extend beyond the Penobscot Indian territory. [PL 2023, c. 647, Pt. B, §3 (NEW); PL 2023, c. 647,
Pt. B, §9 (AFF).]

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