An Act To Improve Tribal-State Relations
Maine Legislature, Session 124, LD 0445
Committee Amendment CA_B_H714 (House)
Amends: 3 MRSA §2, 30 MRSA §6203, 5 MRSA §1664, 30-A MRSA §2202, 30-A MRSA §2203, 30-A MRSA §2208

COMMITTEE AMENDMENT 13 " 
to RP. 333, L.D. 445, Bill, "An Act To 
Improve Tribal-State Relations" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 3 MRS A §1, 2nd.,-r, as enacted by PL 1983, c. 481, is amended to read: 
The Tribal Clerk of the Penobscot Indian Nation shall, on or before the day preceding 
the meeting of the Legislature, furnish to the Clerk of the preceding House of 
Representatives a certification, under the seal of the Nation, of the name and residence of 
the Representative-elect of the Penobscot Indian Nation to the Legislature. The Tribal 
Clerk of the Passamaquoddy Tribe of the reservation from which the Representative-elect 
of that tribe has been chosen shall, on or before the day preceding the meeting of the 
Legislature, furnish the Clerk of the preceding House of Representatives a certification of 
the name and residence of the Representative-elect of the Passamaquoddy Tribe to the 
Legislature. Beginning with the 126th Legislature, the Tribal Clerk of the Houlton Band 
of Maliseet Indians shall, on or before the day preceding the meeting of the Legislature, 
furnish to the Clerk of the preceding House of Representatives a certification of the name 
and residence of the Representative-elect of the Houlton Band of Maliseet Indians to the 
Legislature. 
Sec. A-2. 3 MRSA §2, 8th '1f, as amended by PL 2009, c. 43 I, § I, is further 
amended to read: 
The member of the Penobscot Indian Nation aJffi~ the member of the Passamaquoddy 
Indian Tribe and, beginning with the Second Regular Session of the 125th Legislature, 
the member of the Houlton Band of Maliseet Indians elected to represent their tribes at 
the Legislature are entitled to receive a salary equal to the salary of members of the 
Senate and the House of Representatives, including a cost-of-living adjustment, for each 
regular session and allowance for meals, constituent service, housing and travel expenses 
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to the same extent as members of the House of Representatives for attendance at each 
legislative session or authorized committee meeting. For the duration of any special 
session of the Legislature, they are entitled to receive the same per diem payment and 
allowances, including housing, meal and travel expenses, as any member of the Senate 
and House of Representatives. 
Sec. A-3. Initial Representative of the Houlton Band of Maliseet Indians. 
The Tribal Clerk of the Houlton Band of Maliseet Indians shall, on or before the day 
preceding the meeting of the Second Regu lar Session of the 125th Legislature, furnish to 
the Clerk of the House of Representatives a certification of the name and residence of the 
Representative-elect of the Houlton Band of Maliseet Indians to the Legislature. 
PARTB 
Sec. B-1. 30 MRSA §6203, sub-§8, as amended by PL 1987, c. 712, §§1 and 2, 
is further amended to read: 
8. 
Penobscot Indian Reservation. 
"Penobscot Indian Reservation" means the 
islands in the Penobscot River reserved to the Penobscot Nation by agreement with the 
States of Massachusetts and Maine consisting solely of Indian Island, also known as Old 
Town Island, and all islands in that river northward thereof that existed on June 29, 1818, 
excepting any island transferred to a person or entity other than a member of the 
Penobscot Nation subsequent to June 29, 1818, and prior to the effective date of this Act. 
If any land within Nicatow Island is hereafter acquired by the Penobscot Nation, or the 
secretary on its behalf, that land sfla.l.I- must be included within the Penobscot Indian 
Reservation. 
The "Penobscot Indian Reservation" includes the following parcels of land ~ 
that 
have been or may be acquired by the Penobscot Nation from Bangor Pacific Hydro 
Associates as compensation for flowage of reservation lands by the West Enfield dam: A 
parcel located on the Mattagamon Gate Road and on the East Branch of the Penobscot 
River in T.6 R.8 WELS, which is a portion of the "Mattagamon Lake Dam Lot" and has 
an area of approximately 24.3 acres, and Smith Island in the Penobscot River, which has 
an area of approximately one acre. 
The "Penobscot Indian Reservation" also includes a certain parcel of land located in 
Argyle, Penobscot County consisting of approximately 714 acres known as the Argyle 
East Parcel and more particularly described as Parcel One in a deed from the Penobscot 
Indian Nation to the United States of America dated November 22, 2005 and recorded at 
the Penobscot County Registry of Deeds in Book 10267, Page 265. 
Sec. B-2. Effective date. That section of this Part that amends the Maine Revised 
Statutes, Title 30, section 6203, subsection 8 does not take effect unless, within 90 days 
of the adjournment of the Second Regular Session of the 124th Legislature, the Secretary 
of State receives written certification by the Tribal Chief 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 of Representatives and the 
Revisor of Statutes; except that in no event may that section of this Part that amends the 
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to H.P. 333, L.D. 445 
Maine Revised Statutes, Title 30, section 6203, subsection 8 become effective until 100 
days after the adjournment of the Second Regular Session of the I 24th Legislature. 
PARTC 
Sec. C-l. 5 MRSA §1664, sub-§3-B is enacted to read: 
3-B. Maine Indian Tribal-State Commission appropriations or allocations. If 
the Governor submits legislation setting forth appropriations or allocations for the Maine 
Indian Tribal-State Commission that differ from the full budget proposal developed under 
Title 30, section 6212, subsection 6, the Governor shall simultaneously submit a report to 
the joint standing committee of the Legislature having jurisdiction over appropriations 
and financial affairs and the joint standing committee of the Legislature having 
jurisdiction over jUdiciary matters explaining why the Governor's budget legislation 
differs from that proposal. 
Sec. C-2. 5 MRS A §1665, sub-§l, as amended by PL 2005, c. 601, §2, is further 
amended to read: 
1. Expenditure and appropriation requirements. On or before September 1 st of 
the even-numbered years, all departments and other agencies of the State Government 
and corporations and associations receiving or desiring to receive state funds under the 
provisions of law shall prepare, in the manner prescribed by the State Budget Officer, and 
submit to the officer estimates of their expenditure and appropriation requirements for 
each fiscal year of the ensuing biennium. The expenditure estimates must be classified to , 
set forth the data by funds, organization units, character and objects of expenditure. The 
organization units may be subclassified by functions and activities, or in any other 
manner, at the discretion of the State Budget Officer. 
All departments and other agencies receiving or desiring to receive state funds from the 
Highway Fund shall submit to the officer estimates of their expenditure and appropriation 
requirements for each fiscal year of the ensuing biennium that do not exceed the Highway 
Fund appropriation of the previous fiscal year multiplied by one plus the average real 
personal income growth rate or 2.75%, whichever is less. The Highway Fund highway 
and bridge improvement accounts are exempt from this spending limitation. 
The State Budget Officer shall request that the Governor provide the budget proposal for 
the Maine Indian Tribal-State Commission developed pursuant to Title 30, section 6212, 
subsection 6. 
Sec. C-3. 30 MRS A §6212, sub-§6, as enacted by PL 1993, c. 600, Pt. A, §24 
and affected by §25, is amended to read: 
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6. Funding. The commission may receive and accept, from any source, allocations, 
appropriations, loans, grants and contributions of money or other things of value to be 
held, used or applied to carry out this chapter, subject to the conditions upon which the 
loans, grants and contributions may be made, including, but not limited to, 
appropriations, allocations, loans, grants or gifts from a private source, federal agency or 
governmental subdivision of the State or its agencies. Notwithstanding Title 5, chapter 
149, upon receipt of a written request from the commission, the State Controller shall pay 
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the commission's full state allotment for each fiscal year to meet the estimated annual 
disbursement requirements of the commission. 
The Governor or the Governor's designee and the chief executive elected leader or the 
chief executive elected leader's designee of the following tribes shall communicate to 
produce a proposed biennial budget for the commission and to discuss any adjustments to 
funding: 
A. The Houlton Band ofMaliseet Indians; 
B. The Passamaquoddy Tribe; and 
C. The Penobscot Nation. 
Sec. C-4. Effective date. That section of this Part that amends the Maine Revised 
Statutes, Title 30, section 6212, subsection 6 does not take effect unless, within 90 days 
of the adjournment of the Second Regular Session of the I 24th Legislature, the Secretary 
of State receives the following: 
I. 
Written certification by the Houlton Band Council of the Houlton Band of 
Maliseet Indians that the band has agreed to the provisions of that section of this Part that 
amends Title 30, section 6212, subsection 6, pursuant to 25 United States Code, Section 
I 725(e), copies of which must be submitted by the Secretary of State to the Secretary of 
the Senate, the Clerk of the House of Representatives and the Revisor of Statutes; 
2. Written certification by the Joint Tribal Council ofthe Passamaquoddy Tribe that 
the tribe has agreed to the provisions of that section of this Part that amends Title 30, 
section 6212, subsection 6, pursuant to 25 United States Code, Section I 725(e), copies of 
which must be submitted by the Secretary of State to the Secretary of the Senate, the 
Clerk of the House of Representatives and the Revisor of Statutes; and 
3. Written certification by the Tribal Chief and the Council of the Penobscot Nation 
that the nation has agreed to the provisions of that section of this Part that amends Title 
30, section 6212, subsection 6, pursuant to 25 United States Code, Section I 725(e), 
copies of which must be submitted by the Secretary of State to the Secretary of the 
Senate, the Clerk of the House of Representatives and the Revisor of Statutes. 
In no event may that section of this Part that amends Title 30, section 6212, 
subsection 6 become effective until 100 days after the adjournment of the Second Regular 
Session of the I 24th Legislature. 
PARTD 
Sec. D-l. 30-A MRS A §2201, as amended by PL 2003, c. 696, § 13, is further 
amended to read: 
§2201. Purpose 
It is the purpose of this chapter to permit public agencies, as defined in section 2202 
of the State or any adjoining state, including, but not limited to, municipalities, counties, 
and school administrative units~ and state federal agencies, and Indian tribes and their 
political subdivisions to make the most efficient use of their powers by enabling them to 
cooperate on a basis of mutual advantage and thereby to provide services and facilities 
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within the State in a manner and pursuant to forms of governmental organization that will 
accord best with geographic, economic, population and other factors influencing the 
needs and development of communities. 
Sec. D-2. 30-A MRSA §2202, sub-§2 is enacted to read: 
2. Party. "Party" means a public agency or the following federally recognized 
Indian tribes or their political subdivisions: 
A. The Passamaquoddy Tribe; and 
B. The Penobscot Nation. 
Sec. D-3. 30-A MRSA §2203, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§2203. Joint exercise of powers 
Any power or powers, privileges or authority exercised or capable of exercise by a 
public agency of the State party to an agreement under this chapter may be exercised and 
enjoyed jointly or cooperatively with any other public agency of this State, or of the 
Federal Government lli![ty to the extent that federal laws, when applicable, permit the 
joint or cooperative exercise. 
When acting jointly or cooperatively with any f*tl*ic 
agency QMty, any agency of State Government may exercise all of the powers, privileges 
and authority conferred by this chapter upon a public agency. 
1. Agreement. Any 2 or more public agencies parties may enter into agreements 
with one another for joint or cooperative action under this chapter. The governing bodies 
of the participating public agencies parties must take appropriate action by ordinance, 
resolution or other action under law before any such agreement may become effective. 
2. 
Specifications. 
Any agreement made under this chapter must specifY the 
following: 
A. 
Its duration; 
B. 
The precise organization, composition and nature of any separate legal or 
administrative entity created by the agreement together with the powers delegated to 
that entity, provided the entity may be legally created; 
C. 
Its purpose; 
D. 
The manner of financing the joint or cooperative undertaking and of establishing 
and maintaining a budget for the undertaking; 
E. 
The method to be used to partially or completely terminate the agreement and to 
dispose of property upon termination; and 
F. 
Any other necessary and proper matters. 
3. Additional items. If the agreement does not establish a separate legal entity to 
conduct the joint or cooperative undertaking, the agreement, in addition to the items listed 
in subsection 2, must contain the following. 
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A. 
It must provide for an administrator or a joint board responsible for 
administering the joint or cooperative undertaking. In the case of a joint board, all 
nublic a!!encies nartY parties to the agreement must be represented. 
B. 
It must provide the manner of acquiring, holding and disposing of real and 
personal property used in the joint or cooperative undertaking. 
4. Responsibility. No agreement made under this chapter may relieve any pHhli-e 
agency JmtlY of any obligation or responsibility imposed upon it by law except to the 
extent of actual and timely performance by a joint board or other legal or administrative 
entity created by an agreement made under this chapter. 
This performance may be 
offered in satisfaction of the obligation or responsibility. 
5. 
Liability. An action is maintainable against any public agency JmtlY whose 
default, failure of performance or other conduct caused or contributed to the incurring of 
damage or liability by the other public agencies parties jointly. 
6. Notice to regional councils. Any agreement made under this chapter is subject to 
the reporting requirements of section 2342, subsection 6, if applicable. 
7. 
Liberal construction. 
It being the intent of the Legislature to avoid the 
proliferation of special purpose districts and inflexible enabling laws, this chapter sflal-I. 
must be liberally construed toward that end. 
8. Limitation. Notwithstanding any other provision of this chapter: 
A. 
No powers, privileges or authority may be jointly or cooperatively exercised 
unless each type of power, privilege or authority exercised is capable of being 
exercised by at least one of the parties within the entire jurisdictional area of the 
contract agreement, or by each of the several parties within each of their several 
jurisdictions if all of the several jurisdictions make up the total jurisdictional area of 
the contract agreement; or 
B. 
No essential legislative powers, taxing authority or eminent domain power may 
be delegated by contract agreement to ajoint authority or administrative entity. 
Sec. D-4. 30-A MRSA.§2206, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§ 1 06 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§2206. Funds, personnel and services 
Any public agency JmtlY entering into an agreement under this chapter may 
appropriate funds and may sell, lease, give or otherwise supply the administrative joint 
board or other legal or administrative entity created to operate the joint or cooperative 
undertaking by providing any personnel or services for that purpose that it may legally 
furnish. 
Sec. D-5. 30-A MRSA §2208 is enacted to read: 
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§2208. Agreements involving federally recognized Indian tribes 
This chapter does not apply to and has no effect on any agreement to which any 
federally recognized Indian tribe is a party if the agreement has not been entered into 
under the authority of this chapter.' 
SUMMARY 
This amendment replaces the bill. 
Part A of this amendment makes statutory changes necessary to include a 
representative of the Houlton Band of Maliseet Indians in the Maine House of 
Representatives beginning with the Second Regular Session of the 125th Legislature in 
January 2012. 
This amendment requires the Tribal Clerk of the Houlton Band of Maliseet Indians to 
furnish the outgoing Clerk of the House of Representatives with a certification of the 
name and residence of the Representative-elect of the Houlton Band of Maliseet Indians 
to the Legislature. 
This amendment adds the Representative of the Houlton Band of Maliseet Indians to 
the compensation language for members of the House of Representatives. 
Part B of this amendment adds a 714-acre parcel of land located in a portion of the 
unorganized territory known as Argyle East Parcel in Penobscot County to the Penobscot 
Indian Reservation. This provision takes effect only if approved by the Penobscot Nation 
and certification of the approval is received by the Secretary of State within 90 days of 
the adjournment of the Second Regular Session of the I 24th Legislature. 
Part C of this amendment addresses the process of developing the budget for the 
Maine Indian Tribal-State Commission. It amends the commission's funding language to 
direct the chief executive elected leaders, or their designees, of the signatories to An Act 
to Implement the Maine Indian Claims Settlement, referred to as the Maine Implementing 
Act, to communicate to produce a proposed biennial budget and to discuss any budget 
adjustments. The proposed budget is subject to each tribe's and the State's legislative 
budget process. For the purposes of this budget process, the participants are the Houlton 
Band of Maliseet Indians, the Passamaquoddy Tribe, the Penobscot Nation and the State. 
These changes to the Maine Implementing Act take effect only if approved by the 
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation 
and certification of the approval is received by the Secretary of State within 90 days of 
the adjournment of the Second Regular Session of the 124th Legislature. Part C of this 
amendment also provides that if the Governor submits legislation setting forth 
appropriations or allocations for the Maine Indian Tribal-State Commission that differ 
from the full budget proposal developed under the Maine Revised Statutes, Title 30, 
section 6212, subsection 6, the Governor shall simultaneously submit a report to the joint 
standing committees of the Legislature having jurisdiction over appropriations and 
financial affairs and judiciary matters explaining why the Governor's budget legislation 
differs from that proposal. It also requires the State Budget Officer to request that the 
Governor provide the budget proposal for the Maine Indian Tribal-State Commission 
developed pursuant to Title 30, section 6212, subsection 6. 
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COMMITTEE AMENDMEN~" to H.P. 333, L.D. 445 
Palt D of this amendment clarifies that the laws specifically addressing interlocal 
cooperation agreements expressly include the federally recognized Indian tribes of the 
Passamaquoddy Tribe and the Penobscot Nation. The Passamaquoddy Tribe and the 
Penobscot Nation and their political subdivisions may participate in the activities 
authorized under those laws as parties to such agreements. This amendment also clarifies 
that those laws do not apply to and do not affect any agreement to which a federally 
recognized Indian tribe is a party if the agreement has not been entered into under the 
authority of those laws. 
FISCAL NOTE REQURED 
(See at~~p:~d) 
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Approved: 03/03/10 
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LD445 
LR 1033(04) 
An Act To Improve Tribal-State Relations 
Fiscal Note for Bill as Amended by Committee Amendment~" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Net Cost (Savings) 
General Fund 
$0 
$0 
$81,553 
$45,844 
" "Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
$0 
$0 
$81,553 
$45,844 
This Legislature will incur additional General Fund costs totaling $81,553 in fiscal year 2011-12 and $45,844 in fiscal 
year 2012-13 for the costs associated with adding one tribal representative with compensation similar to other 
members of the House of Representatives starting with the 125th Legislature, 2nd Regular Session. The estimated 
amounts include $45,000 for the costs of renovating the House Chamber to accommodate the additional member. This 
amount reflects the lower end of the range of estimated costs that will vary from $45,000 to $100,000 depending on 
the options chosen. 
The additional costs to the Department of Administrative and Financial Services and the Executive Department can be 
absorbed utilizing existing budgeted resources. 
LR1 033(04) - Fiscal Note - Page 1 of 1