An Act To Facilitate the Establishment of Tribal Electric Utility Districts
Maine Legislature, Session 123, LD 0229
Committee Amendment CA_A_H184 (House)
Amends: 35-A MRSA §3916

COMMITTEE AMENDMENT "fj" to H.P. 200, L.D. 229, Bill, "An Act To 
Facilitate the Establishment of Tribal Electric Utility Districts" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §3916 is enacted to read: 
§3916. Tribal power districts 
1. Definitions. As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A. "Passamaquoddy Indian territory" has the same meaning as in Title 30, section 
6203, subsection 6. 
B. 
"Passamaquoddy Tribe" has the same meaning as in Title 30, section 6203, 
subsection 7. 
C. "Penobscot Indian territory" has the same meaning as in Title 30, section 6203, 
subsection 9. 
D. "Penobscot Nation" has the same meaning as in Title 30, section 6203, subsection 
1Jl 
2. Construction and application. This section must be construed to provide the 
Penobscot Nation and the Passamaquoddy Tribe the opportunity to acquire, develop, 
finance and provide electric power within their respective Indian territories to allow them 
to develop a sustainable local economy. 
The rights applicable to municipal power 
districts as provided in this chapter apply to any tribal power district of the Penobscot 
Nation or the Passamaquoddy Tribe. 
3. Tribal power districts. Under the authority specified in Title 30, section 6206, 
subsection I, the Penobscot Nation and the Passamaquoddy Tribe may form power 
districts pursuant to this chapter, referred to in this section as "tribal power districts." A 
COMMITTEE AMENDMENT 
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I 
l3 
COMMITTEE AMENDMENT ,A "to H.P. 200, L.D. 229 
tribal power district fonned by the Penobscot Nation or the Passamaquoddy Tribe may 
consist of all or part of the Penobscot Indian territory or the Passamaquoddy Indian 
territory, respectively. For the purpose of fonning a tribal power district, the Penobscot 
Nation or Passamaquoddy Tribe shall designate appropriate tribal officers and 
proceedings in place of municipal officers and proceedings to implement the provisions 
of this chapter and any other laws referenced in this chapter. 
Subject to the approval of the commission under sections 2 I 02 and 2 I 05, a tribal power 
district may furnish electric power transmission, distribution and supply services within 
the district. 
An application by a tribal power district to furnish electric power 
transmission, distribution or supply services must identify the boundaries of the Indian 
territory to be served. Approval of the commission under sections 2102 and 2105 is not 
required for a tribal power district to generate or manufacture electricity within the 
district or to purchase, acquire, accumulate or sell electricity at wholesale or by private 
contract for use within the tribal power district. 
A tribal power district has the same rights, powers, privileges, obligations and limitations 
of a municipal power district fonned under this chapter, including, but not limited to, the 
issuance of revenue obligation securities; the exemption of district property from taxation 
under Title 36, section 651; and, in the case of a tribal power district that has received 
approval from the commission under sections 2102 and 2105, the right of eminent 
domain as provided under section 3911. 
Sec. 2. Findings. The Legislature finds that: 
I. The Penobscot Nation and the Passamaquoddy Tribe have inhabited the State as 
self-governing Indian tribal communities since long before the founding of this State and 
the United States and each tribe continues to maintain its own tribal government; 
2. In keeping with native traditions and culture, the Penobscot Indian territory and 
the Passamaquoddy Indian territory are communal lands that are owned and held in 
perpetuity for the benefit of the members of the respective tribes; and 
3. The communal ownership of the Penobscot Indian territory and the Passmaquoddy 
Indian territory deprives the respective tribal governments of the property tax revenues 
that are the financial foundation of the municipal governments of this State and makes the 
tribal governments critically dependent upon successfully developing a sustainable local 
economy.' 
SUMMARY 
This amendment replaces the bill. Under current law, municipalities are authorized 
to fonn municipal power districts. Under laws implementing the Maine Indian lands 
claims settlement, the Passamaquoddy Tribe and the Penobscot Nation possess the rights 
and powers of Maine municipalities within their respective Indian territories. 
This 
amendment explicitly affinns the right of the Passamaquoddy Tribe and the Penobscot 
Nation to fonn and organize tribal power districts with the same rights, powers, 
privileges, obligations and limitations as municipal power districts. The amendment also 
clarifies the interaction between the laws governing municipal power districts and the 
Maine Indian land claims settlement. 
COMMITTEE AMENDMENT 
ff"t~ 
COMMITTEE AMENDMENT .ott .. to H.P. 200, L.D. 229 
I 
The purpose of this amendment is to provide the Penobscot Nation and the 
Passamaquoddy Tribe the opportunity to acquire, develop, finance and provide electric 
power within their respective Indian territories to allow them to develop a sustainable 
local economy. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/10107 frcze 
LD229 
LR 981(02) 
An Act To Facilitate the Establishment of Tribal Electric Utility Districts 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The additional costs to conduct certain proceedings if a tribal power district applies for a Public Utility Commission 
review can be absorbed by the PUC utilizing existing budgeted resources. 
LR0981(02) - Fiscal Note - Page 1 of 1