An Act To
Maine Legislature, Session 124, LD 1377
Committee Amendment CA_A_H561 (House)
Amends: 30 MRSA §6206-B, 30 MRSA §6208, 30 MRSA §6211, 30 MRSA §6209-C, 30 MRSA §6209-D, 30 MRSA §6209-A, 30 MRSA §6212

COMMITTEE AMENDMENT "A" to H.P. 967, L.D. 1377, Bill, "An Act To 
Amend the 1980 Maine Implementing Act To Authorize the Establishment of a Tribal 
Court for the Houlton Band of Maliseet Indians and Related Matters" 
Amend the bilI by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 30 MRSA §6206-B, sub-§6, as enacted by PL 2005, c. 310, §1 and 
affected by §2, is repealed. 
Sec. A-2. 30 MRSA §6208, sub-§2-A is enacted to read: 
2-A. Payments in lieu of taxes; authority. Any municipality in which 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 ofMaliseet Indians by reason 
of the trust status ofthe trust land as replacement for payments in lieu of taxes. 
~Any agreement between the Houlton Band ofMaliseet 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 ofMaliseet Indians provided in this section. 
Sec. A-3. 30 MRSA §6211, as amended by PL 1997, c. 626, §§1 and 2 and 
affected by §3, is further amended to read: 
§6211. Eligibility ofIndian tribes and state funding 
1. Eligibility generally. The Passamaquoddy Tribe aOO, the Penobscot Nation sflaIt 
be and the Houlton Band of Maliseet Indians are eligible for partiCipation and entitled to 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ,A "to H.P. 967, L.D. 1377 
receive benefits from the State under any state program whieh that provides financial 
assistance to all municipalities as a matter of right. 
Such entitlement·shall must 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 Sf ... the 
Penobscot Nation or the Houlton Band of Maliseet Indians may be raised through any 
source of revenue available to the respective tribe Sf ... 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 money 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 must 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 money employs a factor representing 
municipal valuation, the valuation applicable to such Indian territory shall must be 
determined by the State Tax Assessor in the manner generally provided by the laws of the 
State, provided, however, that as long as property owned by or held in trust for eithef f! 
tribe Sf ... nation or band and used for governmental purposes shall be i§. 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 Sf ... the Penobscot Nation or the Houlton Band of Maliseet Indians 
. is entitled to receive state funds under subsection 1, other than funds in support of 
education, any money received by the respective tribe Sf ... 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 Sf ... nation or band 
by the State. Unless otherwise provided by federal law, in computing the extent to which 
eithef the Passamaquoddy Tribe Sf ... 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 er ... 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 and... the 
Penobscot Nation shall be and the Houlton Band of Maliseet Indians are 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 either the Indian territory 
shall be territories or Houlton Band Trust Land are 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 
COMMITTEE AMENDMENT 
,1';' 
.') 
) 
) 
(\ 
COMMITTEE AMENDMENT 'A" to H.P. 967, L.D. 1377 
other persons in the State, provided, ho';vever, that as long as in computing the extent to 
which any person is entitled to receive any such funds, any moneys money 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 .i§. deducted in computing any payment to be made by the State, 
Sec. A-4. Contingent effective date. This Part takes effect October 1, 2009 only 
if, within 90 days after the adjournment of the First Regular Session of the 124th 
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 
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. 
PARTB 
Sec. B-1. 30 MRSA §6209-C is enacted to read: 
§6209-C. Jurisdiction of the Houlton Band of Maliseet IndiansTribal Court 
1. Exclusive jurisdiction over certain matters. Except as provided in subsections 
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 Houlton Band Jurisdiction Land by a member of the Houlton 
Band of Maliseet Indians, except when committed against a person who is not a 
member of the Houlton Band of Maliseet Indians or against the property of a person 
who is not a member of the Houlton Band of Maliseet Indians; 
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 and C, committed by a juvenile member of 
the Houlton Band of Maliseet Indians on the Houlton Band Jurisdiction Land; 
C. Civil actions between members of the Houlton Band of Maliseet Indians arising 
on the Houlton 'Band Jurisdiction Land and cognizable as small claims under the laws 
of the State and civil actions against a member of the Houlton Band of Maliseet 
Indians under Title 22, section 2383 involving conduct on the Houlton Band 
Jurisdiction Land by a member of 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 Houlton Band of Maliseet Indians, both of whom reside 
within the Houlton Band Jurisdiction Land. 
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 
COMMITTEE AMENDMENT 
~ 
~ 
.),'IlilJ 
'5 
COMMITTEE AMENDMENT 'A "to H.P. 967, L.D. 1377 
subsection. The decision to exercise, to terminate the exercise of or to reassert the 
exercise of jurisdiction under each of the subject areas described by paragraphs A to E 
may be made separately. 
Until the Houlton Band of Maliseet Indians notifies the 
Attorney General that the band has decided to exercise exclusive jurisdiction set forth in 
any or all of the paragraphs 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 exclusive jurisdiction set forth in any or all of the paragraphs 
in this subsection, the State has exclusive jurisdiction over those matters until the Houlton 
Band ofMaliseet Indians chooses to exercise its exclusive jurisdiction. When the Houlton 
Band of Maliseet Indians chooses to reassert the exercise of exclusive jurisdiction over 
any or all of the areas of the exclusive jurisdiction authorized by this subsection it must 
first provide 30 days' notice to the Attorney General. Except as provided in subsections 2 
and 3, all laws of the State relating to criminal offenses and juvenile crimes apply within 
the Houlton Band Trust Land 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 
-,' 
.'i 
') 
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 ofthe 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 
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. 
COMMITTEE AMENDMENT 
') 
COMMITTEE AMENDMENT 'A "to H.P. 967, L.D. 1377 
5. Houlton Band Jurisdiction Land. For the purposes of this section, "Houlton 
Band Jurisdiction Land" means only the Houlton Band Trust Land described as follows: 
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. 
The designation of Houlton Band Jurisdiction Land in this subsection in no way affects 
the acquisition of additional Houlton Band Trust Land pursuant to applicable federal and 
state law, nor limits the Houlton Band of Maliseet Indians £i'om making additional 
requests that portions of the trust land be included in this subsection. 
6. Effective date; full faith and credit. This section takes effect only if the State, 
the Passamaquoddy Tribe and the Penobscot Nation agree to give full faith and credit to 
the judicial proceedings of the Houlton Band of Maliseet Indians and the Houlton Band 
of Maliseet Indians agrees to give full faith and credit to the judicial proceedings of the 
State, the Passamaquoddy Tribe and the Penobscot Nation. 
Sec. B-2. Contingent effective date. This Part takes effect October 1, 2009 only 
if, within 90 days after the adjournment of the First Regular Session of the 124th 
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 1 725( 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. 
PARTC 
Sec. C-l.30 MRSA §6209-D is enacted to read: 
§6209-D. Full faith and credit 
The Passamaquoddy Tribe, the Penobscot Nation and the State shalI give full faith 
and credit to the judicial proceedings of the Houlton Band of Maliseet Indians. 
The Houlton Band of Maliseet Indians shall give full faith and credit to the judicial 
proceedings of the Passamaquoddy Tribe, the Penobscot Nation and the State. 
Sec. C-2. Contingent effective date. This Part takes effect 30 days after the 
Secretary of State receives the written certifications under subsection 2, except that in no 
event may this Part become effective before October 1,2009, only if: 
1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, 
section 2; and 
2. 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 967, L.D. 1377 
provisions of this Part, written certification from the Joint Tribal Council of the 
Passamaquoddy Tribe that the tribe has agree'd to the provisions of this Part and written 
certification from the Governor and the Council of the Penobscot Nation that the nation 
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 ofthe House and the Revisor of Statutes. 
PART D 
Sec. D-l. 30 MRSA §6209-C, sub-§l-A is enacted to read: 
i-A. Exclusive jurisdiction over Penobscot Nation members. The Houlton Band 
of Maliseet Indians has the righUo 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 Houlton Band Jurisdiction Land by a member of the Penobscot 
Nation against a member or property of a member of those federally recognized 
Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton Band of 
Maliseet Indians under this. subsection, and by a member of those federally 
recognized Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton 
Band of Maliseet Indians under this subsection against a member or the property of a 
. 
member of the Penobscot Nation; 
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 Band C, committed by a juvenile member of 
the Penobscot Nation on the Houlton Band Jurisdiction Land; 
C. 
Civil actions between a member of those federally recognized Indian tribes 
otherwise subject to the exclusive jurisdiction of the Houlton Band of Maliseet 
Indians under this subsection and members of the Penobscot Nation arising on the 
Houlton Band Jurisdiction Land and cognizable as small claims under the laws of the 
State and civil actions against a member of the Penobscot Nation under Title 22, 
section 2383 involving conduct on the Houlton Band Jurisdiction Land by a member 
of the Penobscot Nation; 
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 either those federally recognized Indian tribes otherwise subject 
to the exclusive jurisdiction of the Houlton Band of Maliseet Indians under this 
subsection or the Penobscot Nation, both of whom reside on the Houlton Band 
Jurisdiction Land. 
The Houlton Band of Maliseet Indians may assert, terminate or reassert exclusive 
jurisdiction over these areas as described in subsection 1. 
COMMITTEE AMENDMENT 
;,> 
') 
.. ,,' 
') 
) 
~t' 
, 
~, III 
/~, 
l, 
': 
~ 
COMMITTEE AMENDMENT A " 
to H.P. 967, L.D. 13 77 
Sec. D-2. Contingent effective date. This Part takes effect 30 days after the 
Secretary of State receives the written certifications under subsection 3, except that in no 
event may this Part become effective before October 1,2009, only if: 
1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, 
section 2; 
2. 
The Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the 
Penobscot Nation approve Part C as provided in Part C, section 2; and 
3. 
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 written certification from the Governor and the Council of the 
Penobscot Nation that the nation 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. 
PARTE 
Sec. E-l. 30 MRSA §6209-A, sub-§l, as amended by PL 2009, c. 93, § 14, is 
further amended to read: 
1. Exclusive jurisdiction over certain matters. Except as provided in subsections 3 
and 4, the Passamaquoddy Tribe 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 is less 
than one year and the maximum potential fine does not exceed $5,000 and that are 
committed on the Indian reservation of the Passamaquoddy Tribe by a member of 
eithef the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the 
Penobscot Nation, except when committed against a person who is not a member of 
eithef the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the 
Penobscot Nation or against the property of a person who is not a member of eithef 
the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot 
Nation; 
B. 
Juvenile crimes against a person or property involving conduct that, if 
committed by an adult, would fall within the exclusive jurisdiction of the 
Passamaquoddy Tribe under paragraph A, and juvenile crimes, as defined in Title 15, 
section 3103, subsection 1, paragraphs Band C, committeq by a juvenile member of 
eithef the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the 
Penobscot Nation on the reservation of the Passamaquoddy Tribe; 
C. 
Civil actions between members of eithef the Passamaquoddy Tribe, the Houlton 
Band of Maliseet Indians or the Penobscot Nation arising on the Indian reservation of 
the Passamaquoddy Tribe and cognizable as small claims under the laws of the State, 
and civil actions against a member of eithef the Passamaquoddy Tribe, the Houlton 
Band of Maliseet Indians or the Penobscot Nation under Title 22, section 2383 
involving conduct on the Indian reservation of the Passamaquoddy Tribe by a 
member of eithef the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or 
the Penobscot Nation; 
COMMITTEE AMENDMENT 
~~. 
~c"~~ 
COMMITTEE AMENDMENT A 
"to H.P. 967, L.D. 13 77 
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 eitheF the Passamaquoddy Tribe, the Houlton Band of Maliseet 
Indians or the Penobscot Nation, both of whom reside within the Indian reservation 
of the Passamaquoddy Tribe. 
The governing body of the Passamaquoddy Tribe shall decide whether to exercise or 
terminate the exercise of the exclusive jurisdiction authorized by this subsection. If the 
Passamaquoddy Tribe 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 Passamaquoddy Indian reservation and the State has, exclusive 
jurisdiction over those offenses and crimes. 
Sec. E-2. 30 MRSA §6209-C, sub-§l-A is enacted to read: 
I-A. Exclusive iurisdiction over Passamaquoddy Tribe members. 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 Houlton Band Jurisdiction Land by a member of the 
Passamaquoddy Tribe against a member or property of a member of those federally 
" 
,) 
recognized Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton, 
Band of Maliseet Indians under this subsection, and by a member of those federally 
) 
recognized Indian tribes otherwise subject to the exclusive jurisdiction ofthe Houlton' 
Band of Maliseet Indians under this subsection against a member or the property of a 
member of the Passamaquoddy Tribe; 
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 Band C, committed by a juvenile member of 
the Passamaquoddy Tribe on the Houlton Band Jurisdiction Land; 
C. 
Civil actions between a member of those federally recognized Indian tribes 
otherwise subject to the exclusive jurisdiction of the Houlton Band of Maliseet 
Indians under this subsection and members of the Passamaquoddy Tribe arising on 
the Houlton Band Jurisdiction Land and cognizable as small claims under the laws of 
the State and civil actions against a member of the Passamaquoddy Tribe under Title 
22, section 2383 involving conduct on the Houlton Band Jurisdiction Land by a 
member of the Passamaquoddy Tribe; 
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 either those federally recognized Indian tribes otherwise subject 
COMMITTEE AMENDMENT 
') 
~~ 
\~.~ 
~ 
'-' 
( 
COMMITTEE AMENDMENT A 
"to H.P. 967, L.D. 1377 
to the exclusive jurisdiction of the Houlton Band of Maliseet Indians under this 
subsection or the Passamaquoddy Tribe, both of whom reside on the Houlton Band 
Jurisdiction Land. 
The Houlton Band of Maliseet Indians may assert, terminate or reassert exclusive 
jurisdiction over these areas as described in subsection 1. 
Sec. E-3 .. Contingent effective date. This Part takes effect 30 days after the 
Secretary of State receives the written certifications under subsection 3, except that in no 
event may this Part become effective before October 1,2009, only if: 
1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, 
section 2; 
2. 
The Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the 
Penobscot Nation approve Part C as provided in Part C, section 2; and 
3. 
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 written certification from the Joint Tribal Council of the 
Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part, pursuant to 
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. 
PARTF 
Sec. F-l. 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 9ll members, 4 §. 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. F-2. 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 & U members, shall select an 
individual who is a resident of the State to act as chair. 
\Vhen 8 members of the 
commission by majority vote are unable to select a chair \vithin 120 days of the first 
meeting of the commission, the Governor, after consulting with the governors of 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 
'""ith 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 & 12 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A" to H.P. 967, L.D. 1377 
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 governors 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. F-3. 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 iiI 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. 
8e¥e:a Nine members constitute a quorum of the commission and a decision or action of 
the commission is not valid unless -3-1 members vote in favor of the action or decision. 
Sec. F-4. Contingent effective date. This Part takes effect October 1,2009 only 
if, within 90 days after the adjournment of the First Regular Session of the 124th 
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 Joint Tribal Council of the 
Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part and written 
certification from the Governor and the Council of the Penobscot Nation that the nation 
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 Seriate, the Clerk of the House and the Revisor of Statutes. 
28PAJlTG 
Sec. G-l. 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 "federally recognized Indian tribes" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes.' 
SU~Y 
This amendment replaces the bill and authorizes the establishment of the Houlton 
Band of Maliseet Indians tribal court, addresses the law enforcement authority of the 
Houlton Band of Maliseet Indians arid provides options for making payments in lieu of 
taxes. 
This amendment is divided in Parts A, B, C, D, E, F and G. Part A addresses issues 
relating to the Houlton Band of Maliseet Indians' law enforcement authority and options 
for payments to municipalities in lieu of taxes. Part A requires approval as required by 
COMMITTEE AMENDMENT 
') 
) 
') 
-" 
,. ~ 
". 
~ 
.' ' 
('--'\ 
COMMIITEE AMENDMENT A 
"to H.P. 967, L.D. 1377 
United States Code, Section 1725(e)(2) by the Houlton Band of Maliseet Indians. Part 
B establishes the Houlton Band Tribal Court with jurisdiction only over members of the 
Houlton Band of Maliseet Indians. Parts D and E provide opportunities to expand the 
jurisdiction to members of the Penobscot Nation and the Passamaquoddy Tribe. "Part B 
requires approval as required by 25 United States Code, Section 1725(e)(2) by the 
Houlton Band of Maliseet Indians. 
Part C covers full faith and credit of judicial 
proceedings. 
It requires approval by the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe and the Penobscot Nation as required by 25 United States Code, 
Section 1725(e). 
Part D gives the Houlton Band of Maliseet Indians tribal court 
jurisdiction over members of the Penobscot Nation. It takes effect only if the Houlton 
Band of Maliseet Indians and the Penobscot Nation approve it as required by 25 United 
States Code, Section 1725(e). Part E gives the Houlton Band of Maliseet Indians tribal 
court jurisdiction over members of the Passamaquoddy Tribe. 
It also amends the 
jurisdiction of the Passamaquoddy tribal court to give that court jurisdiction over 
members of the Houlton Band of Maliseet Indians. Part E takes effect only if the Houlton 
Band of Maliseet Indians and the Passamaquoddy Tribe approve it as required by 25 
United States Code, Section 1725(e). Part F amends the Maine Indian Tribal-State 
Commission statutes to add 2 members of the Houlton Band of Maliseet Indians and 2 
additional state representatives. 
It deletes obsolete language and revises language 
concerning the replacement of the chair. Part F takes effect only if the Houlton Band of 
Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation approve it as 
required by 25 United States Code, Section 1725(e). Part G directs the Revisor of 
Statutes to rename the headnote of the Maine Revised Statutes, Title 30. 
It does not 
require approval of the tribes. 
PART A 
This Part continues the law enforcement authority of the Houlton Band of Maliseet 
Indians contained in Title 30, section 6206-B by repealing subsection 6, which provides 
forthe repeal of the entire section in 2010. 
This Part addresses payments in lieu of taxes to be made by the Houlton Band of 
Maliseet Indians and authorizes the acceptance of other forms of payment, including but 
not limited to federal funds or other assistance. 
Part A is effective October 1, 2009 only if the Houlton Band of Maliseet Indians 
approves it as required by 25 United States Code, Section 1725(e)(2). 
PARTB 
This amendment provides authority for the Houlton Band of Maliseet Indians to 
establish a tribal court with jurisdiction over specific SUbjects: Class D and E crimes 
committed on Houlton Band Jurisdiction Land, proceedings regarding juveniles, certain 
civil actions, Indian child custody issues and other domestic relations actions. The band 
may decide whether to exercise jurisdiction over each category of jurisdiction and shall 
notifY the Attorney General when it is prepared to exercise jurisdiction. Until the band 
exercises its exclusive jurisdiction over a category of jurisdiction, the State has exclusive 
jurisdiction over that category of actions. 
The band may choose to terminate its 
jurisdiction and may later reassert the jurisdiction and must notify the Attorney General 
when that occurs. 
COMMITTEE AMENDMENT 
.. ~ 
"'.? 
COMMITTEE AMENDMENT 'A" to H.P. 967, L.D. 1377 
The bill contained a provision authorizing the tribal court to sit in any appropriate 
place to handle Indian child custody proceedings when one or more of the parties reside 
more than 50 miles away from the administrative offices in Littleton. That provision is 
not included in this amendment because it is recognized that the tribal court has authority 
to do that without the specific language that was included in the bill. 
Under this Part, the tribal court has jurisdiction only over members of the Houlton 
Band ofMaliseet Indians. 
The tribal court may exercise jurisdiction over 2 parcels of Houlton Band Trust Land 
defined in the amendment as "Houlton Band Jurisdiction Land." The listing of the 2 
parcels as the focus of the jurisdiction of the tribal court does not imply that additional 
lands cannot be added to be within the jurisdiction of the tribal court and also does not 
imply that additional trust lands cannot be acquired by the Secretary of the Interior fQr the 
Houlton Band of Maliseet Indians. 
The tribal court is effective only if the State, the Passamaquoddy Tribe and the 
Penobscot Nation agree to give fun faith and credit to the judicial proceedings of the 
Houlton Band of Maliseet Indians, and the Houlton Band of Maliseet Indians gives fun 
faith and credit to the judicial proceedings of the Passamaquoddy Tribe, the Penobscot 
Nation and the State. Part C provides the fun faith and credit requirement. 
Part B takes effect October 1,2009 if the Houlton Band of Maliseet Indians approves 
this Part as required by 25 United States Code, Section 1725(e)(2). 
PARTe 
This Part provides that the State, the Passamaquoddy Tribe and the Penobscot Nation 
) 
shan give fun faith and credit to the judicial proceedings of the Houlton Band of Maliseet, 
Indians, and that the Houlton Band of Maliseet Indians shaH give fun faith and credit to 
) 
the judicial proceedings of the State, the Passamaquoddy Tribe and the Penobscot Nation.' 
Part C takes effect upon the Houlton Band of Maliseet Indians approving Part B and the 
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation 
approving this Part as required by 25 United States Code, Section 1725(e). 
PARTD 
This Part gives the Houlton Band of Maliseet Indians tribal court jurisdiction over 
members of the Penobscot Nation within the same categories of subject matter 
jurisdiction that the tribal court has over the members of the Houlton Band of Maliseet 
Indians under Part B. 
Part D takes effect upon the Houlton Band of Maliseet Indians approving Part B, the 
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation 
approving Part C and the Houlton Band of Maliseet Indians and the Penobscot Nation 
approving this Part as required by 25 United States Code, Section 1725(e). 
PARTE 
This Part gives the Houlton Band of Maliseet Indians tribal court jurisdiction over 
members of the Passamaquoddy Tribe within the same categories of subject matter 
jurisdiction that the tribal court has over the members of the Houlton Band of Maliseet 
Indians under Part B. It also amends the jurisdiction of the Passamaquoddy Tribal Court 
COMMITTEE AMENDMENT 
) 
~e. 
~, . , ,'" 
\\.~'~ 
(/-., \ 
( 
\, 
COMMITTEE AMENDMENT ,A" to RP. 967, L.D. 1377 
to provide that court with jurisdiction over members of the Houlton Band of Maliseet 
Indians. 
Part E takes effect upon the Houlton Band of Maliseet Indians approving Part B, the 
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation 
approving Part C and the Houlton Band of Maliseet Indians and the Passamaquoddy 
Tribe approving this Part as required by 25 United States Code, Section 1725(e). 
PARTF 
This Part amends the Maine Indian Tribal-State Commission statutes to add 2 
members of the Houlton Band of Maliseet Indians and 2 additional state representatives. 
It deletes obsolete language and revises language concerning the replacement of the chair. 
Part F takes effect only if the Houlton Band of Maliseet Indians, the Passamaquoddy 
Tribe and the Penobscot Nation approve it as required by 25 United States Code, Section 
1725(e). 
PARTG 
Part G directs the Revisor of Statutes to rename the headnote of Title 30 from 
"Municipalities and Counties" to "Federally Recognized Indian Tribes." 
It does not 
require approval of the tribes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/09 
frCZC!-
LD 1377 
LR 1275(02) 
An Act To Amend the 1980 Maine Implementing Act To Authorize the Establishment of a Tribal 
Court for the Houlton Band of Maliseet Indians and Related Matters 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
11inorimpactto State 
Correctional and Judicial Impact Statements 
Potential decrease in criminal and civil case-loads. 
}r 
\!I 
.. ) 
-,.' 
Fiscal Detail and Notes 
.) 
The additional costs to the 11aine Indian Tribal-State Commission and the Department of the Attorney Ge~eral can be 
absorbed utilizing existing budgeted resources. 
') 
LRl27S(02) - Fiscal Note - Page 1 of 1