An Act To Abolish the Maine Indian Tribal-State Commission
Maine Legislature, Session 122, LD 1569
Committee: Judiciary
Sponsors: MOORE
Amends: 3 MRSA §9, 12 MRSA §68, 12 MRSA §12603, 30 MRSA §6203, 30 MRSA §6205, 30 MRSA §6207

Legislative Document 
No. 1569 
H.P.1107 
House of Representatives, April 12, 2005 
An Act To Abolish the Maine Indian Tribal-State Commission 
Reference to the Committee on Judiciary suggested and ordered printed. 
IJ'/~ /J1. 77lP£~ 
MIlLICENT M. MacFARLAND 
Clerk 
Presented by Representative MOORE of the Passamaquoddy Tribe. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 3 MRSA §9S9, sub-§l, til, as amended by PL 2003, c. 
600, §1, is further amended to read: 
H. 
The joint standing committee of the Legislature having 
jurisdiction over judiciary matters shall use the following 
list as a guideline for scheduling reviews: 
(2) 
Maine Human Rights Commission in 2009; ~ 
(4) 
Department of the Attorney General in 2011. 
Sec. 2. S MRSA §1710-K, sub-§I, fJi', as amended by PL 1997, c. 
764, §1, is further amended to read: 
F. 
"State agency" means an executive department, executive 
agency, 
independent 
agency, 
organization, 
corporation or 
association 
that 
receives 
a 
direct 
appropriation 
or 
allocation from the State or is required to comply with 
chapter 149, except that for the purposes of this chapter 
"state agency" 
does not include tae--Ma-i-fle---ScH:d-i-ne--b9l:lBei;lT 
the Maine Lobster Promotion Council, the Maine Potato Board, 
the 
Maine 
Dairy 
Promotion 
Board, 
the 
Maine 
Dairy 
and 
Nutrition Council, 
the Maine Blueberry Commission or the 
MaiBe---IBaiaB 
Intergoyernmental 
Tribal-State 
b9mmissi9B 
~. "State agency" 
does 
not include the legislative 
branch or the judicial branch. 
Sec. 3. S MRSA §12002, sub-§I, tG, as enacted by PL 1993, c. 
489, §3, is amended to read: 
G. 
The 
MaiBe---IRQiaR 
Intergovernmental 
Tribal-State 
b9mmissi9B ~, as established in Title 30, section 6212, 
subsection 1, as part of the Maine Indian Claims Settlement. 
Sec. 4. 12 MRSA §68S-C, sub-§10, as enacted by PL 1997, c. 
739, §1, is amended to read: 
10. 
OperatinC} personal watercraft. 
Operating a 
personal 
watercraft is prohibited on the following categories of great 
ponds: 
A. 
Great 
ponds 
located entirely or partly within 
the 
jurisdiction of the commission that are identified in an 
official 
comprehensive 
land 
use 
plan 
adopted 
by 
the 
commission pursuant to subsection 1 as being not accessible 
within 114 mile by 2-wheel drive vehicles, with less than 
Page l-LR1966(1) 
one development unit per mile, and at least one outstanding 
resource value; 
B. 
Great 
ponds 
located entirely or partly within 
the 
jurisdiction of the commission that are identified in an 
official 
comprehensive 
land 
use 
plan 
adopted 
by 
the 
commission as being accessible within 114 mile by 2-wheel 
drive vehicles, with less than one development unit per 
mile, 
with 
or 
more 
outstanding 
resource 
values 
in 
fisheries, wildlife, scenic or shore character; 
C. 
Great ponds and smaller ponds located entirely or partly 
within 
the 
jurisdiction 
of 
the 
commission 
that 
are 
identified 
in 
an 
official 
comprehensive 
land 
use 
plan 
adopted by the commission as being not accessible within 1/2 
mile 
by 
2-wheel drive vehicles, 
with no 
more 
than one 
noncommercial 
remote 
camp 
and 
with 
a 
cold water 
game 
fishery; and 
D. 
Great ponds with less than all but more than 2/3 of 
their surface area in or partly in the jurisdiction of the 
commission 
that 
are 
identified 
as 
being 
of 
statewide 
significance in the "Maine Wildlands Lake Assessment" dated 
June 1, 
1987 prepared by the commission, with 2 or more 
outstanding resource values in fisheries, wildlife, scenic 
or shore character and with more than 1/2 of their shoreline 
in public and private conservation ownership with guaranteed 
public access for low-impact public recreation. 
The commission shall implement this subsection by rule adopted in 
accordance with section 685-A. 
Rules adopted to implement this 
subsection are 
routine technical rules pursuant to Title 5, 
chapter 375, subchapter ii-A 2-A. 
~his-~~~~~~-R9~-app~y-~~-aRy-wa~e~s-~~-~-~e~~latiea 
6 
By - - ~Ae - -Ma.i-R-e- - -Ind-i-an- - ~-r-i-baJ-St.-a-t-e- - .(:-E>fIlIM-G&-i~ - -\:If'l.4~.,r - - ~ i U. e- - 6 Q T 
seeti9a-9dQ1T-s~Bseetiea-6-AT 
Sec. 5. 12 MRSA §12603, as 
and amended by c. 
655, Pt. 
B, 
further amended to read: 
affected by PL 2003, c. 614, §9 
§267 and affected by §422, is 
§12603. Failure to observe Intergovernmental Tribal-State Board 
rules and regulations 
1. 
Prohibition. 
A person may not fish in any pond or in 
that portion of any river or stream subject to the authority of 
the MaiRe-l:asiaa Intergovernmental Tribal-State G9R1lf1issi9a ~ 
created by Title 30, 
Part 
in violation of 
the 
rules 
or 
regulations of the eeRlRlissiea board. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violotes 
violation for which a fine 
than $500 may be adjudged. 
subsection 1 
commits 
of not less than $100 
a 
civil 
nor more 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 6. 30 MRSA §6203, sub-§l, as enacted by PL 1979, c. 732, 
§§1 and 31, is amended to read: 
1. 
Board. 
Intergovernmental 
section 6212. 
"Gemmissiea 
~rd" means 
Tribal-State 
Gemmissiea 
the 
~ 
MaiRe--~REl.iaa 
created 
by 
Sec. 7. 30 MRSA §6205, sub-§5, as enacted by PL 1979, c. 732, 
§§1 and 31, is amended to read: 
5. 
Limitations. No lands held or acquired by or in trust 
for the Passamaquoddy Tribe or the Penobscot Nation, other than 
those described in subsections 
1, 
2, 
and 4, 
shall ffial:': 
be 
included within or added to the Passamaquoddy Indian territory or 
the Penobscot Indian territory except upon recommendation of the 
eeRlRlissiea ~ 
and approval of the State to be given in the 
manner required for the enactment of laws by the Legislature and 
Governor of Maine, provided, however, that no lands wi thin any 
city, town, village or plantation shall ~ 
be added to either 
the 
Passamaquoddy 
Indian 
territory 
or 
the 
Penobscot 
Indian 
territory without approval of the legislative body of said city, 
town, village or plantation in addition to the approval of the 
State. 
Any 
lands 
within 
the 
Passamaquoddy 
Indian territory or 
the 
Penobscot Indian territory, the fee to which is transferred to 
any person who is not a member of the respective tribe or nation, 
shall cease to constitute a portion of Indian territory and shall 
revert to its status prior to the inclusion thereof within Indian 
territory. 
Sec. 8. 30 MRSA §6207, sub-§3, as enacted by PL 1979, c. 732, 
§§1 and 31, is amended to read: 
3. 
Adoption of 
regulations 
by 
board. 
Subject 
to 
the 
limitations of subsection 6, 
the eemmissiea ~ 
shall have 
exclusive 
authority 
to 
I'f'emQl~ate ~ 
fishing 
rules 
or 
regulations on: 
A. 
Any pond other than those specified in subsection 1, 
paragraph B, 50% or more of the linear shoreline of which is 
within Indian territory; 
B. 
Any section of a river or stream both sides of which are 
within Indian territory; and 
C. 
Any section of a river or stream one side of which is 
within Indian territory for a continuous length of 1/2 mile 
or more. 
In p~e~y~~atiR~ adopting such rules e~-£e~y~atieRs the ee~~issieR 
~ 
shall consider and balance the need to preserve and protect 
existing 
and 
future 
sport 
and 
commercial 
fisheries, 
the 
historical non-Indian fishing interests, the needs or desires of 
the tribes to establish fishery practices for the sustenance of 
the tribes or to contribute to the economic independence of the 
tribes, 
the 
traditional 
fishing 
techniques 
employed 
by 
and 
ceremonial practices of 
Indians 
in Maine 
and 
the ecological 
interrelationship between the fishery regulated by the ee~issieR 
~ 
and other fisheries throughout the State. Such regulation 
may include without limitation provisions on the method, manner, 
bag and size limits and season for fishing. 
Saia The rules e~-~~~~~~~~-Be ~ 
equally applicable on 
a nondiscriminatory basis to all persons regardless of whether 
such person is a member of the Passamaquoddy Tribe or Penobscot 
Nation. 
Rules 
aRa---r~-at...J..-{H}S---pr::e~Yl~at;ea 
adopted 
by 
the 
eemmissieR ~ 
may include the imposition of fees and permits 
or 
license 
requirements 
on 
users 
of 
such waters 
other 
than 
members of the Passamaquoddy Tribe and the Penobscot Nation. In 
adopting rules 
er::-~-equ-1-at;.i.eRs pursuant to this subsection, the 
eemmissieR ~ 
shall 
comply 
with 
the 
Maine 
Administrative 
Procedure Act. 
In 
order 
to 
provide 
an 
orderly 
transition 
of 
regulatory 
authority, all fishing laws 
and rules and regulations of the 
State shall remain applicable to all waters specified in this 
subsection until such time as the eemmissieR ~ 
certifies to 
the commissioner that it has met and voted to adopt its own rules 
aRa--~~ylat;ieRs in substitution for 
such 
laws 
and rules 
aRa 
~e~Ylat;ieRS of the State. 
The legislative mem,Qe~QJ_tll_L!;>oard may not participate in the 
adoption of rules under this subsection. 
Sec. 9. 30 MRSA §6207. sub-§3-A, as enacted by PL 1997, c. 
739, §12 and affected by §§13 and 14, is repealed. 
Sec. 10. 30 MRSA §6207, sub-§§4 to 8, as enacted by PL 1979, c. 
732, §§1 and 31, are amended to read: 
4. 
Sustenance 
fishing 
within 
Indian 
reservations. 
Notwithstanding any rule e~-~e~y~a~~ea-p~emy~~a~ea adopted by the 
eemm~ssi.ea ~ 
or any other law of the State, the members of 
the Passamaquoddy Tribe and the Penobscot Nation may take fish, 
within the boundaries of their respective Indian reservations, 
for their individual sustenance subject to the limitations of 
subsection 6. 
5. 
Posting. Lands or waters subject to regulation by the 
eemmi.ssi.ea ~, the Passamaquoddy Tribe or the Penobscot Nation 
sha~~ IDY£t be conspicuously posted in such a manner as to provide 
reasonable notice to the public of the limitations on hunting, 
trapping, fishing or other use of such lands or waters. 
6. 
Supervision by Commissioner of Inland Fisheries and 
Wildlife. The Commissioner of Inland Fisheries and WildlifeT-4:Hi 
hi.s-~~~~-~~~-ge iA entitled to conduct fish and wildlife 
surveys within the Indian territories and on waters subject to 
the jurisdiction of the eemmissiea ~ 
to the same extent as he 
the commissioner is authorized to do so in other areas of the 
State. Before conducting any such survey the commissioner shall 
provide reasonable advance notice to the respective tribe or 
nation and afford it a reasonable opportunity to participate in 
such survey. If the commissioner, at any time, has reasonable 
grounds 
to 
believe 
that 
a 
tribal 
ordinance 
or 
eemm.i.ss.i.ea 
~e~y*a~.i.ea ~~~ 
adopted under this section, or the absence 
of such a tribal ordinance or 
eemm.i.ssi-eR-~e~\lJ.a~.i.eB board rule, 
is adversely affecting or is likely to adversely affect the stock 
of any fish or wildlife on lands or waters outside the boundaries 
of land or waters subject to regulation by the eemm.i.ss.i.eB board, 
the 
Passamaquoddy 
Tribe 
or 
the 
Penobscot 
Nation, 
he 
the 
commissioner shall inform the governing body of the tribe or 
nation or the eemm:iss:iea ~, as is appropriate, of h.i.s tile. 
commissioner' s 
op~nJ.on 
and 
attempt 
to 
develop 
appropriate 
remedial standards in consultation with the tribe or nation or 
the eeRlRli.ssi.eB ~. If such efforts fail, ae the commissioner 
may call a public hearing to investigate the matter further. Any 
such hearing saa** IDY£t be conducted in a manner consistent with 
the laws of the State applicable to adjudicative hearings. If, 
after 
hearing, 
the 
commissioner 
determines 
that 
any 
such 
ordinanceT QX rule e~-~e~y~a~:ieB, or the absence of an ordinanceT 
QX 
rule 
eE--~~la~iea, is causing, 
or there is a 
reasonable 
likelihood that it will cause, a significant depletion of fish or 
wildlife stocks on lands or waters outside the boundaries of 
lands or waters subject to regulation by the Passamaquoddy Tribe, 
the Penobscot Nation or the eeRlRli-ssi-eB QQ~, ae the commissioner 
may adopt appropriate remedial measures including rescission of 
• 
any such ordinancer QI rule eF-~e~~Jaties and, in lieu thereof, 
order 
the 
enforcement 
of 
the 
generally 
applicable 
laws 
eF 
Fe~Q.at;iess of the State. In adopting any remedial measures the 
eemmissies ~ 
shall 
utilize 
the 
least 
restrictive 
means 
possible to prevent a substantial diminution of the stocks in 
question 
and 
shall 
take 
into consideration 
the effect that 
non-Indian practices on non-Indian lands or waters are having on 
such stocks. In no event shall ~ 
such remedial measure be more 
restrictive than those whieh ~ 
the commissioner could impose 
if the area in question was ~ 
not within Indian territory or 
waters subject to eemmissies regulation under this section. 
In any administrative proceeding under this section the burden of 
proof shaJ.--se 1£ on the commissioner. 
The decision of the 
commissioner may be appealed in the manner provided by the laws 
of the State for judicial review of administrative action and 
shall ~ 
be sustained only if supported by substantial evidence. 
7. 
Transportation of qame. 
Fish lawfully taken within 
Indian territory or 
in 
waters 
subject 
to 
eemmissies ~ 
regulation under this section and wildlife lawfully taken within 
Indian territory and registered pursuant to ordinances adopted by 
the 
Passamaquoddy 
Tribe 
and 
the 
Penobscot 
Nationr 
may 
be 
transported within the State. 
8. 
Fish and wildlife on non-Indian lands. The eemmissies 
~ 
shall 
undertake 
appropriate 
studies, 
consult with 
the 
Passamaquoddy Tribe and the Penobscot Nation and landowners and 
state officials, and make recommendations to the commissioner and 
the 
Legislature with 
respect 
to 
implementation of 
fish 
and 
wildlife management policies on non-Indian lands in order to 
protect fish and wildlife stocks on lands and water subject to 
regulation by the Passamaquoddy Tribe, the Penobscot Nation or 
the eemmissies ~. 
Sec. II. 30MRSA§6212, as amended by PL 2001, c. 173, §1 and 
affected by §2, is further amended to read: 
§6212. Interqovernmental Tribal-State Board 
1. 
Board 
created. 
The 
Maiae--~ReiaR Intergovernmental 
Tribal-State 
Gemmissiea ~ 
is established. 
The 
eemmissiea 
~ 
consists of 
members, 
to 
be 
appointed by 
the 
Governor, subject to review by the Joint Standing Committee on 
Judiciary 
and 
to 
confirmation 
by 
the 
Legislature, 
to 
be 
appointed by the Passamaquoddy Tribe, 2 to be appointed by the 
Penobscot Nation aae-a-~~,--~-ge-~~e€~e4-~-~e&~&&G&-with 
SQ9See&i&a-6, 2 to be appointed by the Houlton Band of Maliseet 
Indians, 2 to be appointed by the Attorney General. subject to 
review by the Joint Standing Committee 
on JUdiciary 
and to 
confirmation by the Legislature, one member of the Senate to be 
_QPpointed by the President of the Senate and one member of the 
House of Representatives to be appointed by the Speaker of the 
~~. The members of the eefAfAi,ssi,ear-e~ReF-'=Raa-~Re-eRai,FT b..Q..ru:g 
each serve for a term of 3 years and may be reappointed. In the 
event of the death, resignation or disability of a member, the 
appointing authority may fill the vacancy for the unexpired term. 
2. 
Chair. 
The eefAfAissieR ~, by a majority vote of its 
l~ members, shall select aR-iRQi¥4Q~aJ-~~~~~~~&~~~-~Re 
S~a'=e-'=e-ae'=-as ~ 
chair from among the members. 
WheR-8-fAefABeFS 
9{-~~~~~-BY-fAa39Fi~y-~~~~~-~aaBle-~9-~1~~-ehaiF 
Wi~RiR--~~-~-9i--~&e-~-~~-mee~4R~--e~-~~-~~~~4~--~Re 
~9veFReFT-~~~--e9Rs~*~iR~-~~~-~Re-~~~-9i-~~~-PeR9Bsee~ 
Na~ieR-~aG-~~-Pa~~ama~~9~~Y--~FiBeT--&h&~~-~~-aR--iR~eFifA 
eRaiF--~~-~-pe~i9a-~~-~-yeaF-~~-~~--~Re-~~~-~4~--~Re 
e9fAfAissi9R--selee~s-~-~~~--Hr-~~~~~-w4~k--~Ris--see~ieR T 
wRieReve~-~~-~~~-.-la-~Re-~~~-~Re-~~--~~~~-e~ 
aisaBi*i~y-9f-~Re-~~~~-~~~~~~~~~r-By-a-fAa~9Fi~y 
v9~e-9f-4~s-~-~~~~~~,-~-~~~~~r-WRea-~Re-eefAfAissieR 
is--~a&&~-~~-~~-a--eRai~--wi~Ri,a--~~-~-~--~Re--aea~RT 
~esi~Ra~ieR-~--QisaBiJi~Y7--~-Ge¥~R~~--a~~eF-~~~~-wi~R 
~Re--~eveFaeFs-~~-~~-~-~4~-aR~--~Ae--PaSsafAa~~eaay 
~FiBeT-~~J-~~-aa-iR~e£ifA--~~-~~-a-~e£49Q-~-~a&-yea~ 
eF--~eF--~he-~~~-~~~-~~-~~~-~~~~~--a--eRaiF--iR 
aeee~aaRee-w4~k-~~~~~~r-WR1eReveF-is-~~~,--~-&aa1~-is 
a-f~JJ-¥e~iR~-memee£-~-~~~~i~~r~~~~-wRea-appeiR~ea 
ieF-~-~&~~~-~e£m7-~~~-SeFye-~~-~-yeaFSr The term of the 
chair is 
years. 
The 
chair 
must alternate between tribal 
members and members appointed by state appointing authorities. 
3. 
Responsibilities. 
In addition to the responsibilities 
set forth in this Act, 
the eefAfAissieR 
~Qard shall continually 
review the effectiveness of this Act and the social, economic and 
legal 
relationship 
between 
the 
Passamaquoddy 
Tribe 
aRaL 
the 
Penobscot Nation, the Houlton Band of Maliseet Indians and the 
State and shall make such reports and recommendations to the 
Legislature, the Passamaquoddy Tribe aRaL the Penobscot Nation 
and 
the 
Houlton 
Band 
of Maliseet 
Indians 
as it determines 
appropriate. 
SeveR Eigltt members constitute a quorum of the e9fAfAissi9R 
~QQXQ 
and a decision or action of the e9fAfAissi9R ~ 
is not valid 
unless 5 members vote in favor of the action or decision. 
4. 
Personnel; 
fees; 
expenses. 
The 
eefAfAissi9R board may 
employ personnel as it considers necessary and desirable in order 
to effectively discharge its duties and responsibilities. These 
employees are not subject to state personnel laws or rules. 
• 
The e9ffiffiissi9B ~ 
members are entitled to receive $75 per day 
for their services and to reimbursement for reasonable expenses, 
including travel. 
5. 
Interagency cooperation. In order to facilitate the work 
of the e9ffiffiissi9B ~, all other agencies of the State shall 
cooperate with the 
e9ffiffiissieB ~ 
and make available to it 
without 
charge 
information 
and 
data 
relevant 
to 
the 
responsibilities of the eeffiffiissieB ~. 
6. 
Funding. 
The eeffiffiissieB 1.2.Q.anl may receive and accept, 
from any source, allocations, appropriations, loans, grants and 
contributions of money or other things of value to be held, used 
or applied to carry out this chapter, subject to the conditions 
upon which the loans, 
grants 
and contributions may be made, 
including, 
but 
not 
limited 
to, 
appropriations, 
allocations, 
loans, grants or gifts from a private source, federal agency or 
governmental 
subdivision 
of 
the 
State 
or 
its 
agencies. 
Notwithstanding Title 5, chapter 149, upon receipt of a written 
request from the eeffiffiissieB ~, the State Controller shall pay 
the 
eeffiffiissieB..!.s board's full state allotment for each fiscal 
year to meet the estimated annual disbursement requirements of 
the e9ffiffiissi9B ~. 
Sec. 12. Contingent effective date. 
This Act does 
not take 
effect unless, 
within 
days 
after the 
adjournment of 
the 
Legislature, 
the 
Secretary 
of 
State 
receives 
written 
certification from the Joint Tribal Council of the Passamaquoddy 
Tribe, the governor and council of the Penobscot Nation and the 
Houlton Band of Maliseet Indians that the tribe, nation and band 
have agreed to the provisions of this Act 
pursuant to 25 United 
States 
Code, 
Section 
l725(e) (1), 
copies 
of 
which 
must 
be 
submitted by the Secretary of State to the Secretary of the 
Senate, 
the Clerk of the House and the Revisor of Statutes, 
except that in no event may this Act take effect until 90 days 
after adjournment of the Legislature. 
SUMMARY 
This bill abolishes the Maine Indian Tribal-State Commission 
and 
creates 
in its place 
the 
Intergovernmental Tribal-State 
Board. 
The 
board 
consists 
of 
members 
appointed 
by 
the 
Passamaquoddy Tribe, 2 members appointed by the Penobscot Nation, 
members appointed by the Houlton Band of Maliseet Indians, 4 
members appointed by the Governor and subject to review by the 
Joint Standing Committee on Judiciary and confirmation by the 
Legislature, 2 members appointed by the Attorney General subject 
to 
review 
by 
the Joint Standing Committee 
on JUdiciary 
and 
confirmation 
by 
the 
Legislature, 
one 
member 
of 
the 
Senate 
appointed by the President of the Senate and one member of the 
House of Representatives appointed by the Speaker of the House. 
The members must select a chair from among the membership. 
The 
board 
has 
the 
same 
responsibilities 
that 
the 
Maine 
Indian 
Tribal-State Commission was assigned under the Act to Implement 
the Maine Indian Claims Settlement. 
The legislative members will 
not participate in rule-making functions of the board. 
This bill 
does 
not 
take effect until 
approved 
by 
the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians.