An Act To Implement the Recommendations of the Tribal-State Work Group
Maine Legislature, Session 123, LD 2221
Committee Amendment CA_A_H1043 (House)
Amends: 30 MRSA §6209-C, 30 MRSA §6212, 30 MRSA §6202, 30 MRSA §6203, 30 MRSA §6205, 30 MRSA §6207, 30 MRSA §6208, 30 MRSA §6210, 30 MRSA §6214

COMMITTEE AMENDMENT "f}-" to H.P. 1587, L.D. 2221, Bill, "An Act To 
Implement the Recommendations of the Tribal-State Work Group" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 30 MRSA §6209-C is enacted to read: 
§6209-C. Jurisdiction of the Houlton Band of Maliseet Indians Tribal Court 
1. Exclusive jurisdiction over certain matters. Except as provided in subsections 3 
and 4, the Houlton Band of Maliseet Indians has the right to exercise exclusive 
jurisdiction, separate and distinct from the State, over: 
A. Criminal offenses for which the maximum potential term of imprisonment does 
not exceed one year and the maximum potential fine does not exceed $5,000 and that 
are committed on the Maliseet Indian territory by a member of any federally 
recognized Indian tribe, nation, band or other group, except when committed against 
a person who is not a member of any federally recognized Indian tribe, nation, band 
or other group or against the property of a person who is not a member of any 
federally recognized Indian tribe, nation, band or other group; 
B. Juvenile crimes against a person or property involving conduct that, if committed 
by an adult, would fall within the exclusive jurisdiction of the Houlton Band of 
Maliseet Indians under paragraph A, and juvenile crimes, as defined in Title 15, 
section 3103, subsection 1, paragraphs B to D, committed by a juvenile member of 
the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet 
Indians on the Maliseet Indian territory; 
C. 
Civil actions between members of the Passamaquoddy Tribe, the Penobscot 
Nation or the Houlton Band of Maliseet Indians arising on the Maliseet Indian 
territory and cognizable as small claims under the laws of the State, and civil actions 
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against a member of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton 
Band of Maliseet Indians under Title 22, section 2383 involving conduct on the 
Maliseet Indian territory by a member of the Passamaquoddy Tribe, the Penobscot 
Nation or the Houlton Band of Maliseet Indians; 
D. Indian child custody proceedings to the extent authorized by applicable federal 
law; and 
E. 
Other domestic relations matters, including marriage, divorce and support, 
between members of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton 
Band of Maliseet Indians, both of whom reside within the Maliseet Indian territory. 
The governing body of the Houlton Band of Maliseet Indians shall decide whether to 
exercise or terminate the exercise of the exclusive jurisdiction authorized by this 
subsection. Until the Houlton Band of Maliseet Indians notifies the Attorney General that 
the band has decided whether to exercise the exclusive jurisdiction over criminal, 
juvenile, civil and domestic matters described in this subsection, the State has exclusive 
jurisdiction over those matters. If the Houlton Band of Maliseet Indians chooses not to 
exercise, or chooses to terminate its exercise of, jurisdiction over the criminal, juvenile, 
civil and domestic matters described in this subsection, the State has exclusive 
jurisdiction over those matters. Except as provided in paragraphs A and B, all laws of the 
State relating to criminal offenses and juvenile crimes apply within the Maliseet Indian 
territory and the State has exclusive jurisdiction over those offenses and crimes. 
2. Definitions of crimes; tribal procedures. In exercising its exclusive jurisdiction 
under subsection 1, paragraphs A and B, the Houlton Band of Maliseet Indians is deemed 
to be enforcing tribal law of the Houlton Band of Maliseet Indians. The definitions of the 
criminal offenses and juvenile crimes and the punishments applicable to those criminal 
offenses and juvenile crimes over which the Houlton Band of Maliseet Indians has 
exclusive jurisdiction under this section are governed by the laws of the State. Issuance 
and execution of criminal process are also governed by the laws of the State. 
The 
procedures for the establishment and operation of tribal forums created to effectuate the 
purposes of this section are governed by federal statute, including, without limitation, the 
provisions of 25 United States Code, Sections 1301 to 1303 and rules and regulations 
generally applicable to the exercise of criminal jurisdiction by Indian tribes on federal 
Indian reservations. 
3. Lesser included offenses in state courts. In any criminal proceeding in the courts 
of the State in which a criminal offense under the exclusive jurisdiction of the Houlton 
Band of Maliseet Indians constitutes a lesser included offense of the criminal offense 
charged, the defendant may be convicted in the courts of the State of the lesser included 
offense. A lesser included offense is as defined under the laws of the State. 
4. Double jeopardy. collateral estoppel. A prosecution for a criminal offense or 
juvenile crime over which the Houlton Band of Maliseet Indians has exclusive 
jurisdiction under this section does not bar a prosecution for a criminal offense or juvenile 
crime, arising out of the same conduct, over which the State has exclusive jurisdiction. A 
prosecution for a criminal offense or juvenile crime over which the State has exclusive 
jurisdiction does not bar a prosecution for a criminal offense or juvenile crime, arising out 
of the same conduct, over which the Houlton Band of Maliseet Indians has exclusive 
jurisdiction under this section. The determination of an issue of fact in a criminal or 
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to H.P. 1587, ~.D. 2221 
juvenile proceeding conducted in a tribal forum does not constitute collateral estoppel in 
a criminal or juvenile proceeding conducted in a state court. The determination of an 
issue of fact in a criminal or juvenile proceeding conducted in a state court does not 
constitute collateral estoppel in a criminal or juvenile proceeding conducted in a tribal 
forum. 
Sec. A-2. 30 MRSA §6212, sub-§l,as amended by PL 1993, c. 600, Pt. A, §24 
and affected by §25, is further amended to read: 
1. Commission created. The Maine Indian Tribal-State Commission is established. 
The commission consists of 9 II members, 4 Q to be appointed by the Governor, subject 
to review by the Joint Standing Committee on Judiciary and to confirmation by the 
Legislature, 2 to be appointed by the Houlton Band of Maliseet Indians, 2 to be appointed 
by the Passamaquoddy Tribe, 2 to be appointed by the Penobscot Nation and a chair, to 
be selected in accordance with subsection 2. The members of the commission, other than 
the chair, 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. 
Sec. A-3. 30 MRSA §6212, sub-§2, as amended by PL 1993, c. 600, Pt. A, §24 
and affected by §25, is further amended to read: 
2. Chair. The commission, by a majority vote of its & 11 members, shall select an 
individual who is a resident of the State to act as chair. WHen 8 members of tHe 
commission by majority vote are \-lRable to seleet a CHair witHin 120 says of the first 
meeting of tHe commission, tHe Go'/ernor, after consHlting ','litH tHe governors of tHe 
Penobscot Nation and tHe PassamaqHoddy Tribe, SHall appoint aR iRterim CHair for a 
period of ORe year or for tHe perios Hntil tHe commissioR selects a chair iR accorsaRce 
'NitH this section, whichever is shorter. In the event of the death, resignation, replacement 
or disability of the chair, the commission may select, by a majority vote of its & 11 
remaining members, a new chair. When the commission is unable to select a chair within 
days of the death, resignation, replacement or disability, the Governor, after 
consulting with the gO't'ernors chiefs of the Houlton Band of Maliseet Indians, the 
Penobscot Nation and the Passamaquoddy Tribe, shall appoint an interim chair for a 
period of one year or for the period until the commission selects a chair in accordance 
with this section, whichever is shorter. The chair is a full-voting member of the 
commission and, except when appointed for an interim term, shall serve for 4 years. 
Sec. A-4. 30 MRSA §6212, sub-§3, as amended by PL 1993, c. 600, Pt. A, §24 
and affected by §25, is further amended to read: 
3. 
Responsibilities. In addition to the responsibilities set forth in this Act, the 
commission shall continually review the effectiveness of this Act and the social, 
economic and legal relationship between the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe and the Penobscot Nation and the State and shall make such 
reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, 
the Passamaquoddy Tribe and the Penobscot Nation as it determines appropriate. 
Se¥eR Nine members constitute a quorum of the commission and a decision or action of 
the commission is not valid unless -§.l members vote in favor of the action or decision. 
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to H.P. 1587, L.D. 2221 
Sec. A-5. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 30, in the Title headnote, the words "municipalities and 
counties" are amended to read "municipalities, counties and federally recognized Indian 
tribes" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
Sec. A-6. 
Contingent effective date. This Part takes effect 120 days after 
adjournment of the First Special Session of the 123rd Legislature only if, within 90 days 
after the adjournment of the First Special Session of the 123rd Legislature, the Secretary 
of State receives written certification from the Houlton Band Council of the Houlton 
Band of Maliseet Indians that the band has agreed to the provisions of this Part, written 
certification from the Tribal Chief and the Council of the Penobscot Nation that the 
nation has agreed to the provisions of this Part and written certification from the Joint 
Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of 
this Part pursuant to 25 United States Code, Section 1725( e), 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. 
PARTB 
Sec. B-1. Negotiations; report. The Houlton Band of Maliseet Indians and the 
municipalities of Houlton and Littleton shall meet to discuss the implementation of the 
amendments included in Part C of this Act that may affect Houlton and Littleton. By 
March 1, 2009, the Houlton Band of Maliseet Indians and the municipalities shall file a 
report with the joint standing committee of the Legislature having jurisdiction over 
judiciary matters describing negotiations, agreements and implementation of any 
agreements reached by the band and the municipalities. 
Sec. B-2. 
Sustenance fishing. 
By January 30, 2009, the Houlton Band of 
Maliseet Indians shall file a report with the joint standing committee of the Legislature 
having jurisdiction over judiciary matters detailing the band's discussions or agreements 
with interested parties regarding the effect of any exercise of sustenance fishing rights by 
members of the band on those parties and ways to balance the interests of both the band 
and the affected parties. 
Sec. B-3. 
Contingent effective date. This Part takes effect 120 days after 
adjournment of the First Special Session of the 123rd Legislature only if, within 90 days 
after the adjournment of the First Special Session of the 123rd Legislature, the Secretary 
of State receives written certification from the Houlton Band Council of the Houlton 
Band of Maliseet Indians that the band has agreed to the provisions of this Part pursuant 
to 25 United States Code, Section 1725( e )(2), 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. 
PARTC 
Sec. C-1. 30 MRSA §6202, 6th~, as enacted by PL 1979, c. 732, §§1 and 31, is 
amended to read: 
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The foregoing agreement between the Indian claimants and the State also represents a 
good faith effort by the Indian claimants and the State to achieve ajust and fair resolution 
of their disagreement over jurisdiction on the present Passamaquoddy and Penobscot 
Indian reservations and in the claimed areas. To that end, the Passamaquoddy Tribe and 
the Penobscot Nation have agreed to adopt the laws of the State as their own to the extent 
provided in this Act. The Houlton Bane of Maliseet Ineians aRe its lanes will be wholly 
subjeet to the 1&'+'I's of the State Except as otherwise provided in this Act, the Houlton 
Band of Maliseet Indians and its lands are subject to the laws of the State. 
Sec. C-2. 30 MRSA §6203, sub-§2-B is enacted to read: 
2-B. Maliseet Indian territory. "Maliseet Indian territory" means that territory 
described in section 6205, subsection 2-A. 
Sec. C-3. 30 MRSA §6205, sub-§2-A is enacted to read: 
2-A. Maliseet Indian territory. The following lands within the State are known as 
"the Maliseet Indian territory": 
A. Lands transferred from Ralph E. Longstaff and Justina Longstaff to the United 
States of America in trust for the Houlton Band of Maliseet Indians, located in 
Houlton, Aroostook County and recorded in the Aroostook County South Registry of 
Deeds in Book 2144, Page 198; and 
B. Lands transferred from F. Douglas Lowrey to the United States of America in 
trust for the Houlton Band of Maliseet Indians, located in Houlton and Littleton, 
Aroostook County and recorded in the Aroostook County South Registry of Deeds in 
Book 2847, Page 114. 
Sec. C-4. 30 MRSA §6205, sub-§6 is enacted to read: 
6. Maliseet Indian territory; limitations. Land held or acquired by or in trust for 
the Houlton Band of Maliseet Indians, other than those described in subsection 2-A, may 
not be included within or added to the Maliseet Indian territory, except on 
recommendation of the commission and approval of the State to be given in the manner 
required for the enactment of laws by the Legislature and the Governor, except that no 
lands within any city, town, village or plantation may be added to the Maliseet Indian 
territory without the approval of the legislative body of said city, town, village or 
plantation in addition to the approval of the State. 
Sec. C-5. 30 MRS A §6206, as enacted by PL 1979, c. 732, §§ 1 and 31, is 
amended to read: 
§6206. 
Powers and duties of the Indian tribes within their respective Indian 
territories 
1. General powers. Except as otherwise provided in this Act, the Passamaquoddy 
Tribe aOO~ the Penobscot Nation, and the Houlton Band of Maliseet Indians, within their 
respective Indian territories, shaH have, exercise and enjoy all the rights, privileges, 
powers and immunities, including, but without limitation, the power to enact ordinances 
and collect taxes, and shall be subject to all the duties, obligations, liabilities and 
limitations of a municipality of and subject to the laws of the State, provided, however, 
that internal tribal matters, including membership in the respective tribe 6f, nation, or 
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band the right to reside within the respective Indian territories, tribal organization, tribal 
government, tribal elections and the use or disposition of settlement fund income shall not 
be subject to regulation by the State. The Passamaquoddy Tribe aHEl~ the Penobscot 
Nation and the Houlton Band of Maliseet Indians shall designate such officers and 
officials as are necessary to implement and administer those laws of the State applicable 
to the respective Indian territories and the residents thereof. Any resident of the 
Passamaquoddy Indian territory 6f~ the Penobscot Indian territory or the Maliseet Indian 
territory who is not a member of the respective tribe 6f~ nation or band nonetheless shall 
be equally entitled to receive any municipal or governmental services provided by the 
respective tribe 6f~ nation or band or by the State, except those services which are 
provided exclusively to members of the respective tribe 6f~ nation or band pursuant to 
state or federal law, and shall be entitled to vote in national, state and county elections in 
the same manner as any tribal member residing within Indian territory. 
2. Power to sue and be sued. The Passamaquoddy Tribe, the Penobscot Nation, the 
Houlton Band of Maliseet Indians and their members may sue and be sued in the courts 
of the State to the same extent as any other entity or person in the State provided, 
however, that the respective tribe 6f~ nation or band and its officers and employees shall 
be immune from suit when the respective tribe 6f~ nation or band is acting in its 
governmental capacity to the same extent as any municipality or like officers or 
employees thereof within the State. 
3. Ordinances. The Passamaquoddy Tribe and the Penobscot Nation each shall have 
the right to exercise exclusive jurisdiction within its respective Indian territory over 
violations by members of either tribe or nation of tribal ordinances adopted pursuant to 
this section or section 6207. The decision to exercise or terminate the jurisdiction 
authorized by this section shall be made by each tribal governing body. Should either 
tribe or nation choose not to exercise, or to terminate its exercise of, jurisdiction as 
authorized by this section or section 6207, the State shall have has exclusive jurisdiction 
over violations of tribal ordinances by members of either tribe or nation within the Indian 
territory of that tribe or nation. The State shall have has exclusive jurisdiction over 
violations of tribal ordinances by persons not members of either tribe or nation. 
4. Houlton Band of Maliseet Indians; ordinances. The Houlton Band of Maliseet 
Indians has the right to exercise exclusive jurisdiction within the Maliseet Indian territory 
over violations by members of the band of tribal ordinances adopted pursuant to this 
section or section 6207. The decision to exercise or terminate the jurisdiction authorized 
by this section must made by the tribal governing body. Should the band choose not to 
exercise, or to terminate its exercise of, jurisdiction as authorized by this section or 
section 6207, the State has exclusive jurisdiction over violations of tribal ordinances by 
members of the band within the Maliseet Indian territory. The State has exclusive 
jurisdiction over violations of tribal ordinances by persons not members of the band. 
5. 
General municipal powers; transition. This subsection applies to only the 
Maliseet Indian territory described in section 6205, subsection 2-A, paragraphs A and B. 
The ordinances of the municipalities in which the described Maliseet Indian territory is 
located that apply to the Maliseet Indian territory on April 1, 2008 continue to apply and 
may be enforced by the municipalities until the Houlton Band of Maliseet Indians 
certifies to the town clerk of the affected municipality that the band has adopted its own 
ordinances in substitution for the municipality's ordinances and the band is prepared to 
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enforce the band's ordinances. A copy of the band's ordinances must be attached to the 
certification. Ordinances adopted or amended by the Houlton Band of Maliseet Indians 
may be no less strict than the municipal ordinances, unless the band and the affected 
municipality enter into a written agreement accepting any differences. 
When a 
municipality in which the described Maliseet Indian territory is located amends its 
ordinances, the band shall consider amending the band's ordinances. This subsection 
does not affect the obligation of the municipalities to provide municipal services to the 
Maliseet Indian territory described in section 6205, subsection 2-A, paragraphs A and B 
before the band and each municipality enter into an agreement concerning provision of 
the services. 
Sec. C-6. 30 MRS A §6206-A, as enacted by PL 1981, c. 675, §§3 and 8, is 
repealed. 
Sec. C-7. 30 MRS A §6206-B, as enacted by PL 2005, c. 310, § 1 and affected by 
§2, is amended to read: 
§6206-B. Law enforcement powers of HouIton Band of Maliseet Indians 
1. Appointment of tribal law enforcement officers. The Houlton Band of Maliseet 
Indians may appoint law enforcement officers who have the authority to enforce all the 
laws of the State within the Houlton Band Trust Land. This section does not limit the 
existing authority of tribal officers under tribal law or affect the performance of federal 
duties by tribal officers. 
2. Authority of state, county and local law enforcement officers. State Except as 
provided in section 6210, subsection I-A, state and county law enforcement officers and 
law enforcement officers appointed by the Town of Houlton have the authority to enforce 
all laws of the State within the Houlton Band Trust Land. 
3. Agreements for eooperation and mutual Bid. The HOMlton Band of Maliseet 
Indians and any state, sOMnty or losal Ia\¥ enforeemeflt agensy m~' enter into agreements 
for sooperation and mMwal aid. 
4. Powers, duties and training requirements. Law enforcement officers appointed 
by the Houlton Band of Maliseet Indians pursuant to this section possess the same 
powers, enjoy the same immunities and are subject to the same duties, limitations and 
training requirements as other corresponding law enforcement officers under the laws of 
the State. 
5. 
Report to Legislature. By January 1, 2010, the Houlton Band of Maliseet 
Indians shall file a report with the joint standing committee of the Legislature having 
jurisdiction over judiciary matters detailing the band's experience with the exercise of law 
enforcement authority under this section. The report must include observations and 
comments from the state and county law enforcement agencies providing law 
enforcement services in Aroostook County and from the Houlton Police Department. 
6. Repeal. This section is repealed July I, 2010. 
Sec. e-s. 30 MRSA §6207, as amended by PL 1997, c. 739, §12 and affected by 
§ § 13 and 14, is further amended to read: 
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§6207. Regulation of fish and wildlife resources 
1. Adoption of ordinances by tribe. Subject to the limitations of subsection 6, the 
Passamaquoddy Tribe aRd~ the Penobscot Nation and the Houlton Band of Maliseet 
Indians each shall have exclusive authority within their respective Indian territories to 
promulgate and enact ordinances regulating: 
A. 
Hunting, trapping or other taking of wildlife; and 
B. 
Taking of fish on any pond in which all the shoreline and all submerged lands 
are wholly within Indian territory and which is less than 10 acres in surface area. 
Such ordinances shall be equally applicable, on a nondiscriminatory basis, to all persons 
regardless of whether such person is a member of the respective tribe ef, nation or band 
provided, however, that subject to the limitations of subsection 6, such ordinances may 
include special provisions for the sustenance of the individual members of the 
Passamaquoddy Tribe ef, the Penobscot Nation or the Houlton Band of Maliseet Indians. 
In addition to the authority provided by this subsection, the Passamaquoddy Tribe aad, 
the Penobscot Nation and the Houlton Band of Maliseet Indians, subject to the limitations 
of subsection 6, may exercise within their respective Indian territories all the rights 
incident to ownership of land under the laws of the State. 
2. Registration stations. The Passamaquoddy Tribe aad~ the Penobscot Nation and 
the Houlton Band of Maliseet Indians shall establish and maintain registration stations for 
the purpose of registering bear, moose, deer and other wildlife killed within their 
respective Indian territories and shall adopt ordinances requiring registration of such 
wildlife to the extent and in substantially the same manner as such wildlife are required to 
be registered under the laws of the State. These ordinances requiring registration shall be 
equally applicable to all persons without distinction based on tribal membership. The 
Passamaquoddy Tribe aRd~ the Penobscot Nation and the Houlton Band of Maliseet 
Indians shall report the deer, moose, bear and other wildlife killed and registered within 
their respective Indian territories to the Commissioner of Inland Fisheries and Wildlife of 
the State at such times as the commissioner deems appropriate. The records of 
registration of the Passamaquoddy Tribe aad~ the Penobscot Nation and the Houlton Band 
of Maliseet Indians shall be available, at all times, for inspection and examination by the 
commissioner. 
3. Adoption of regulations by the commission. Subject to the limitations of 
subsection 6, the commission shall have exclusive authority to promulgate 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 112 mile or more. 
In promulgating such rules or regulations the commission 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 
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fishery practices for the sustenance of the tribes or to contribute to the economic 
in<}ependence 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 commission 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. 
Said rules or regulations shall be equally applicable on a nondiscriminatory basis to all 
persons regardless of whether such person is a member of the Passamaquoddy Tribe Sf, 
the Penobscot Nation or the Houlton Band of Maliseet Indians. Rules and regulations 
promulgated by the commission may include the imposition of fees and permits or license 
requirements on users of such waters other than members of the Passamaquoddy Tribe 
aH6, the Penobscot Nation and the Houlton Band of Maliseet Indians. In adopting rules or 
regulations pursuant to this subsection, the commission 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 commission certifies to the commissioner that it has met 
and voted to adopt its own rules and regulations in substitution for such laws and rules 
and regulations of the State. 
Rules adopted by the commission under this subsection concerning the Maliseet Indian 
territory described in section 6205, subsection 2-A, paragraphs A and B are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
3-A. Horsepower and use of motors. Subject to the limitations of subsection 6, the 
commission has exclusive authority to adopt rules to regulate the horsepower and use of 
motors on waters less than 200 acres in surface area and entirely within Indian territory. 
4. Sustenance fishing within the Indian reservations. Notwithstanding any rule or 
regulation promulgated by the commission 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 commission, the 
Passamaquoddy Tribe Sf, the Penobscot Nation or the Houlton Band of Maliseet Indians 
shall 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 ofInland Fisheries and Wildlife, or his the commissioner's successor, shall 
be entitled to conduct fish and wildlife surveys within the Indian territories and on waters 
subject to the jurisdiction of the commission to the same extent as fle 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 Sf, nation or 
band 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 
commission regulation adopted under this section, or the absence of such a tribal 
ordinance or commission regulation, is adversely affecting or is likely to adversely affect 
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the stock of any fish or wildlife on lands or waters outside the boundaries of land or 
waters subject to regulation by the commission, the Passamaquoddy Tribe eF, the 
Penobscot Nation or the Houlton Band of Maliseet Indians, fle the commissioner shall 
inform the governing body of the tribe eF,. nation or band or the commission, as is 
appropriate, of J:Hs the commissioner's opinion and attempt to develop appropriate 
remedial standards in consultation with the tribe eF, nation or band or the commission. If 
such efforts fail, fle the commissioner may call a public hearing to investigate the matter 
further. Any such hearing shall 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 ordinance, rule or regulation, or the absence of an ordinance, rule or 
regulation, 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, the 
Houlton Band of Maliseet Indians or the commission, he the commissioner may adopt 
appropriate remedial measures including rescission of any such ordinance, rule or 
regulation and, in lieu thereof, order the enforcement of the generally applicable laws or 
regulations of the State. In adopting any remedial measures the commission 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 which the commissioner could impose if the area in 
question was not within Indian territory or waters subject to commission regulation. 
In any administrative proceeding under this section the burden of proof shall be 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 game. Fish lawfully taken within Indian territory or in waters 
subject to commission regulation and wildlife lawfully taken within Indian territory and 
registered pursuant to ordinances adopted by the Passamaquoddy Tribe 006, the 
Penobscot Nation and the Houlton Band of Maliseet Indians, may be transported within 
the State. 
8. 
Fish and wildlife on non-Indian lands. The commission shall undertake 
appropriate studies, consult with the Passamaquoddy Tribe 006, the Penobscot Nation and 
the Houlton Band of Maliseet Indians 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, the Houlton Band of Maliseet Indians or the commission. 
9. Fish. As used in this section, the term "fish" means a cold blooded completely 
aquatic vertebrate animal having permanent fins, gills and an elongated streamlined body 
usually covered with scales and includes inland fish and anadromous and catadromous 
fish when in inland water. 
10. Houlton Band of Maliseet Indians; ordinances; report. The Houlton Band of 
Maliseet Indians may adopt ordinances governing firearms and crossbows only after prior 
notice to and discussion with the municipalities in which the Maliseet Indian territory 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1587, L.D. 2221 
described in section 6205, subsection 2-A, paragraphs A and B is located if those 
municipalities have conflicting ordinances. 
By February 1, 20 I 0, the Houlton Band of Maliseet Indians shall file a report with the 
joint standing committee of the Legislature having jurisdiction over judiciary matters 
regarding the assumption of authority by the Houlton Band of Maliseet Indians under this 
section. The report must include observations and comments from state, county and local 
law enforcement agencies, the municipalities within which any land designated as 
Maliseet Indian territory is located and the Commissioner of Inland Fisheries and 
Wildlife. 
Sec. C-9. 30 MRSA §6208, sub-§2-A is enacted to read: 
2-A. 
Payments in lieu authority. Any municipality in which Maliseet Indian 
territory or Houlton Band Trust Land is located has the authority, at its sole discretion, to 
enter into agreements with the Houlton Band of Maliseet Indians to accept other funds or 
other things of value that are obtained by or for the Houlton Band of Maliseet Indians by 
reason of the trust status of the Maliseet Indian territory or Houlton Band Trust Land as 
replacement for payments in lieu of taxes. 
Any agreement between the Houlton Band of Maliseet Indians and the municipality must 
be jointly executed by persons duly authorized by the Houlton Band of Maliseet Indians 
and the municipality and must set forth the jointly agreed value of the funds or other 
things identified serving as replacement of payments in lieu of taxes and the time period 
over which such funds or other things may serve in lieu of the obligations of the Houlton 
Band of Maliseet Indians provided in this section. 
If the funds or other things of value are not made available to or for the benefit of the 
Houlton Band of Maliseet Indians as contemplated by its agreement with the municipality 
or if the provision of the funds or other things of value is terminated earlier than is 
contemplated by the agreement between the Houlton Band of Maliseet Indians and the 
municipality, the obligations of the Houlton Band of Maliseet Indians to make payments 
in lieu of taxes remains in full force and effect. 
Sec. C-IO. 30 MRSA §6210, as amended by PL 1995, c. 388, §7 and affected by 
§8, is further amended to read: 
§6210. Law enforcement on Indian reservations and within Indian territory 
1. 
Exclusive authority of tribal law enforcement officers. Law enforcement 
officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive 
authority to enforce, within their respective Indian territories, ordinances adopted under 
section 6206 and section 6207, subsection 1, and to enforce, on their respective Indian 
reservations, the criminal, juvenile, civil and domestic relations laws over which the 
Passamaquoddy Tribe or the Penobscot Nation have jurisdiction under section 6209-A, 
subsection 1 and section 6209-B, subsection 1, respectively. 
I-A. 
Exclusive authority of Maliseet tribal law enforcement officers. Law 
enforcement officers appointed by the Houlton Band of Maliseet Indians have exclusive 
authority to enforce, within Maliseet Indian territory, ordinances adopted under section 
6206 and section 6207, subsection 1, and to enforce, on Maliseet Indian territory, the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
.. to H.P. 1587, L.D. 2221 
criminal, juvenile, civil and domestic relations laws over which the Houlton Band of 
Maliseet Indians has jurisdiction under section 6209-C, subsection 1. 
2. Joint authority of tribal and state law enforcement officers. Law enforcement 
officers appointed by the Passamaquoddy Tribe 6f~ the Penobscot Nation or the Houlton 
Band of Maliseet Indians have the authority within their respective Indian territories and 
state and county law enforcement officers have the authority within betIl Indian territories 
to enforce rules or regulations adopted by the commission under section 6207, subsection 
and to enforce all laws of the State other than those over which the Passamaquoddy 
Tribe 6f~ the Penobscot Nation or the Houlton Band of Maliseet Indians has exclusive 
jurisdiction under section 6209-A, subsection I aDd, section 6209-B, subsection 1, and 
section 6209-C, respectively. 
3. Agreements for cooperation and mutual aid. This section does not prevent the 
Passamaquoddy Tribe 61', the Penobscot Nation or the Houlton Band of Maliseet Indians 
and any state, county or local law enforcement agency from entering into agreements for 
cooperation and mutual aid. 
4. Powers and training requirements. Law enforcement officers appointed by the 
Passamaquoddy Tribe and the Penobscot Nation possess the same powers and are subject 
to the same duties, limitations and training requirements as other corresponding law 
enforcement officers under the laws of the State. 
Sec. C-ll. 30 MRS A §6211, as amended by PL 1997, c. 626, §§I and 2 and 
affected by §3, is further amended to read: 
§6211. Eligibility of Indian tribes and state funding 
1. Eligibility generally. The Passamaquoddy Tribe aDd, the Penobscot Nation and 
the Houlton Band of Maliseet Indians shall be eligible for participation and entitled to 
receive benefits from the State under any state program which provides financial 
assistance to all municipalities as a matter of right. Such entitlement shall be determined 
using statutory criteria and formulas generally applicable to municipalities in the State. 
To the extent that any such program requires municipal financial participation as a 
condition of state funding, the share for eitheF the Passamaquoddy Tribe 6f~ the 
Penobscot Nation or the Houlton Band of Maliseet Indians may be raised through any 
source of revenue available to the respective tribe 61', nation or band, including but 
without limitation taxation to the extent authorized within its respective Indian territory, 
In the event that any applicable formula regarding distribution of moneys employs a 
factor for the municipal real property tax rate, and in the absence of such tax within eitheF 
the Indian territory, the formula applicable to such Indian territory shall be computed 
using the most current average equalized real property tax rate of all municipalities in the 
State as determined by the State Tax Assessor. In the event any such formula regarding 
distribution of moneys employs a factor representing municipal valuation, the valuation 
applicable to such Indian territory shall be determined by the State Tax Assessor in the 
manner generally provided by the laws of the State, provided, however, that property 
owned by or held in trust for either tribe or nation and used for governmental purposes 
shall be treated for purposes of valuation as like property owned by a municipality. 
2. 
Limitation on eligibility. 
In computing the extent to which either the 
Passamaquoddy Tribe 61', the Penobscot Nation or the Houlton Band of Maliseet Indians 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
.. to H.P. 1587, L.D. 2221 
is entitled to receive state funds under subsection 1, other than funds in support of 
education, any money received by the respective tribe ef .. nation or band from the United 
States within substantially the same period for which state funds are provided, for a 
program or purpose substantially similar to that funded by the State, and in excess of any 
local share ordinarily required by state law as a condition of state funding, must be 
deducted in computing any payment to be made to the respective tribe ef .. nation or band 
by the State. Unless otherwise provided by federal law, in computing the extent to which 
either the Passamaquoddy Tribe ef. the Penobscot Nation or the Houlton Band of 
Maliseet Indians is entitled to receive state funds for education under subsection 1, the 
state payment must be reduced by 15% of the amount of federal funds for school 
operations received by the respective tribe ef .. nation or band within substantially the 
same period for which state funds are provided, and in excess of any local share 
ordinarily required by state law as a condition of state funding. A reduction in state 
funding for secondary education may not be made under this section except as a result of 
federal funds received within substantially the same period and allocated or allocable to 
secondary education. 
3. 
Eligibility for discretionary funds. The Passamaquoddy Tribe ami. the 
Penobscot Nation and the Houlton Band of Maliseet Indians shall be eligible to apply for 
any discretionary state grants or loans to the same extent and subject to the same 
eligibility requirements, including availability of funds, applicable to municipalities in the 
State. 
4. Eligibility of individuals for state funds. Residents of eitRef the Indian territory 
territories shall be eligible for and entitled to receive any state grant, loan, unemployment 
compensation, medical or welfare benefit or other social service to the same extent as and 
subject to the same eligibility requirements applicable to other persons in the State, 
provided, however, that in computing the extent to which any person is entitled to receive 
any such funds, any moneys received by such person from the United States within 
substantially the same period of time for which state funds are provided and for a 
program or purpose substantially similar to that funded by the State, shall be deducted in 
computing any payment to be made by the State. 
Sec. C-12. 30 MRSA §6214, as enacted by PL 1979, c. 732, §§1 and 31, is 
amended to read: 
§6214. Tribal school committees 
The Passamaquoddy Tribe &00. the Penobscot Nation and the Houlton Band of 
Maliseet Indians are authorized to create respective tribal school committees, in 
substitution for the committees heretofore provided for under the laws of the State. Such 
tribal school committees shall operate under the laws of the State applicable to school 
administrative units. The presently constituted tribal school committee of the respective 
tribe ef. nation or band shall continue in existence and shall exercise all the authority 
heretofore vested by law in it until such time as the respective tribe ef. nation or band 
creates the tribal school committee authorized by this section. 
Sec. C-13. 30-A MRS A §5681, sub-§7, as enacted by PL 1989, c. 871, §1 and 
affected by §22, is amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A " 
to H.P. 1587, L.D. 2221 
7. Indian territory. For purposes of state-municipal revenue sharing, the Indian 
territories of the Passamaquoddy Tribe aad~ the Penobscot Nation IAdiaA Territories and 
the Houlton Band of Maliseet Indians shall be treated as if they were municipalities. In 
the absence of a levy of real and personal property taxes in eitHer or both the Indian 
territories, the property tax assessment is computed by multiplying the state valuation for 
the Indian territory for the period for which revenue sharing is being determined by the 
most current average equalized property tax rate of all municipalities in the State at that 
time as determined by the State Tax Assessor. 
Sec. C-14. Contingent effective date. This Part takes effect October 1, 2009 
only if, within 90 days after the adjournment of the First Special Session of the 123rd 
Legislature, the Secretary of State receives written certification from the Houlton Band 
Council of the Houlton Band of Maliseet Indians that the band has agreed to the 
provisions of this Part and that the band specifically consents to and agrees that the State 
may unilaterally amend without additional consent, agreement or approval from the band 
the amendments made in this Act to the Maine Revised Statutes, Title 30, section 6206, 
subsection 1 and section 6207 only if the unilateral amendments take effect on or before 
October 1,2009, pursuant to 25 United States Code, Section 1725(e)(2). Copies of the 
written certification must be submitted by the Secretary of State to the Secretary of the 
Senate, the Clerk of the House and the Revisor of Statutes.' 
SUMMARY 
This amendment replaces the bill. 
This amendment is divided into 3 parts. 
Part A requires approval by the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
before Part A can take effect. If the required approvals are received within 90 days after 
adjournment of the First Special Session of the 123rd Legislature, Part A takes effect 120 
days after adjournment. Part B requires approval by the Houlton Band of Maliseet 
Indians before Part B can take effect. If the required approval is received within 90 days 
after adjournment of the First Special Session of the 123rd Legislature, Part B takes effect 
days after adjournment. 
Part C requires the approval of the Houlton Band of 
Maliseet Indians before Part C can take effect. If the required approval is received within 
days after adjournment of the First Special Session of the 123rd Legislature, Part C 
takes effect October 1,2009. 
This amendment amends the membership of the Maine Indian Tribal-State 
Commission to include 2 members appointed by the Houlton Band of Maliseet Indians 
and 2 more appointed by the Governor. The amendment deletes language that pertained 
to the selection of the first chair of the Maine Indian Tribal-State Commission that is no 
longer necessary. It also includes provisions for the replacement of the chair of the 
commission. 
This amendment provides the Houlton Band of Maliseet Indians with the powers and 
jurisdiction similar to that of the Passamaquoddy Tribe and the Penobscot Nation. It 
defines Maliseet Indian territory to consist of the 2 parcels that are currently the band's 
trust lands. 
This amendment also directs that the band engage in discussions and 
negotiations to resolve transitional and other issues and directs that the band report to the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1587, L.D. 2221 
joint standing committee of the Legislature having jurisdiction over judiciary matters on 
the progress of such discussions. 
This amendment revises the headnote of Title 30 to include Federally Recognized 
Indian Tribes and directs the Revisor of Statutes to implement the change. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 04/16/08 hac:.. 
LD 2221 
LR3476(02) 
An Act To Implement the Recommendations of the Tribal-State Work Group 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Judiciary 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Funds 
Current biennium revenue increase - Other Funds 
Increasing membership for the Houlton Band of Maliseet Indians and the State will result in additional tribal revenue 
to the Maine Indian Tribal State Commission. It is anticipated that the Houlton Band of Maliseet Indians will 
contribute $11,900 annually as tribal revenue once they are officially added to the Maine Indian Tribal State 
Commission. The commission will incur some additional costs for the four new additional members, including their 
per diem and travel expenses. 
Additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR3476(02) - Fiscal Note - Page 1 of 1