Maine Revised Statutes Title 30 Sec. 7207 – Jurisdiction of Mi’kmaq Nation over drinking water within Mi’kmaq Nation Jurisdiction Land
Current as of: 2023 | Check for updates
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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: [PL 1989, c. 148, §§3, 4 (NEW); PL 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 § 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
[PL 1989, c. 148, §§3, 4 (NEW); PL 2023, c. 369, Pt. A, §§2, 5 (AFF).]
Terms Used In Maine Revised Statutes Title 30 Sec. 7207
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
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.
[PL 1989, c. 148, §§3, 4 (NEW); PL 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. [PL 1989, c. 148, §§3, 4 (NEW); PL 2023, c. 369, Pt. A, §§2, 5 (AFF).]
SECTION HISTORY
PL 1989, c. 148, §§3, 4 (NEW). PL 2023, c. 369, Pt. A, §§2, 5 (AFF).