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 Referenceto the Committee on JUdiciary suggested and ordered printed.
Maine Legislature, Session 124, LD 1377
Committee: JUdiciary
Sponsors: CLEARY, BLISS, BEAULIEU, BRYANT, DILL, HUNT, KRUGER, STEVENS
Amends: 30 MRSA §6206-B, 30 MRSA §6208, 30 MRSA §6209, 30 MRSA §6212

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRS'I' REGULAR SESSION-2009 
Legislative Docu men t 
No. 1377 
H.P.967 
House of Representatives, April 2, 2009 
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 
Referenceto the Committee on JUdiciary suggested and ordered printed. 
Presented by Representative CLEARY of Houlton. 
Cosponsored by Senator BLISS of Cumberland and 
'77l~ lh'lllifC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, BRYANT of Windham, DILL of Cape Elizabeth, 
-- HILL ,of York, HUNT of Buxton, KRUGER of Thomaston1 PRIEST of Brunswick, STEVENS 
of Bangor. 
Pl'inlt'J \Hl recyc!eu paper 
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Be it enacted by the People of the State of Maine as follows: 
Sec.!. 30 MRSA §6206-B, as enacted by PL 2005, c. 310, § 1 and affected by §2, 
is amended to read: 
§6206-B. Law enforcement powers of Houlton Band of Maliseet Indians 
1. Appointment of tribal law enforcement officers. The Houlton Band ofMaliseet 
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. &ate 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. 
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3. Agreements for eooperatioB and mutual aid. The Houlton Band of Maliseet 
Indians and any state, county or local law enforcement agency may enter into agreements 
for coonera-tion and mutual aid. 
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4. Powers, duties and training requirements. Lawenforcement 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 eJEperience with the exercise of lav.' 
enforcement authority under this section. 
The report must include observations and 
comments from the state and county law, enforcement agencies ,providipg lmv 
enforcement services in Aroostook Countv and from the Houlton Police Denartment. 
6. Repeal. This section is repealed July 1, 2010. 
Sec. 2. 30 MRSA §6208, sub-§2-A is enacted to read: 
2-A. Payments in lieu of taxesjauthority. 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 of Maliseet Indians by reason 
of the trust status of the trust land as replacement for payments in lieu of taxes. 
Any agreement between the Houlton Band of MaliseetIndians 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 
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over which such funds or other things may serve in lieu of the obligations of the Houlton 
Band ofMaliseet Indians provided in this section. 
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Sec. 3. 30 MRSA §6209':'C is enacted to read: 
§6209-C. Jurisdiction of the Houlton Band of Maliseet Indians Tribal Court 
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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 Houlton Barid Trust Land by a member of anv . federallv 
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 iIi Title 15, 
section 31 03, subsection 1, paragraphs B to D, committed by a juvenile member of 
the Houlton Band ofMaliseet Indians on the Houlton Band Trust Land; 
C. Indian child custody proceedings to the extent authorized by applicable federal 
law; and 
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D. 
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 Trust 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 
subsection. Until the Houlton Band ofMaliseet Indians notifies the Attorney General that 
the band has decided whether to exercise the exclusive jurisdiction over criminal, 
juyenile, civil and domestic matters described in this subsection, the State has concurrent 
jurisdiction over those matters. If the Houlton Band of Maliseet Indians chooses not to 
exercise, or chooses to terminate its exercise of, exclusive jurisdictiori over the criminal, 
juvenile, civil and domestic matters described in tIus subsection, the State has concurrent 
jurisdiction over those matters until the Houlton Band of Maliseet Indians chooses to 
exercise its exclusive jurisdiction. While the State has concurrent jurisdiction, it shall 
coordinate its law enforcement activities within the Houlton Band Trust Land with the 
Houlton Band of Maliseet Indians authorities. If there is any conflict between state and 
Houlton Band of Maliseet Indians law enforcement authorities regarding activities within 
the Houlton Band Trust Land, state law enforcement authorities shall defer to the Houlton 
Band of Maliseet Indians authorities. 
When the Houlton Band of Maliseet Indians 
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chooses to reassert jurisdiction it must first provide 30 days' notice to the Attorney 
General. Except as provided in paragraphs A and B, 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. 
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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 defmitions of the 
.. criminal offenses and juvenile crimes and the punishments applicable to those criminal 
offenses and juvenile crimes over which the Houlton Band of MaliseeLIndians _ 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 
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offense. A lesser included offense is as defined under the laws of the State. 
4. Double jeopardy, collateral estoppel. Aprosecution 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. 
5. Indian child custody proceeding in Houlton Band of Maliseet Indians Tribal 
Court. When an Indian child custody proceeding that is authorized by applicable federal 
law and this chapter is properly before the Houlton Band of Maliseet Indians Tribal Court 
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and one or more parties reside further than 50 miles from the Houlton Band of Maliseet 
Indians administrative office in Littleton, upon agreement by all the parties and the court, 
the Houlton Band of Maliseet Indians Tribal Court may sit in any appropriate location 
within the State to hear the Indian child custody proceeding. 
Sec. 4. 30 MRS A §6210, as amended by PL 1995, c~ 388, §7 and affected by §8, 
is further amended to read: 
§6210. Law enforcement on Indian reservations, within Indian territory and trust 
lands 
1. 
Exclusive authority of tribal law enforcement officers. Law enforcement 
officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive 
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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, juvynile, civil and 40mestic relations laws over which' the 
Passamaquoddy Tribe or the Penobscot Nation have jurisdiction under section 6209-A, 
subsection 1 and section 6209-B, su_b~ection 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 on Houlton Band Trust Land the criminal, .juvenile, civil and 
domestic relations laws over which the Houlton Band of Maliseet Indians has jurisdiction 
under section 62b9-C, subsection 1. 
2. Joint authority of tribal and state law enforcement officers. Law enforcement 
officers appointed by the Passamaquoddy Tribe or the Penobscot Nation have the 
authority within their respective Indian territories and the Houlton Band of Maliseet 
Indians have the authority within their trust lands and state and county law enforcement 
. officers have the authority within both Indian territories and the Houlton Band Trust Land 
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 eFJ. the Penobscot Nation or the Houlton Band of Maliseet Indians has exclusive 
jurisdiction under section 6209-A, subsection 1 aruiJ. section 6209-B, subsection 1, and 
section 6209-C, respectively. 
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3. Agreements for cooperation and mutual aid. This section does not prevent the 
Passamaquoddy Tribe eFJ. 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. 5. 30 MRS A §6211, as amended by PL 1997, c. 626, §§1 and 2 and affected 
by §3, is further amended t6 read: 
§6211. Eligibility of Indian tribes and state funding 
1. Eligibility generally. The Passamaquoddy Tribe arui, the Penobscot Nation shall 
be and the Houlton Band of Maliseet Indians are eligible for participation and entitled to 
receive benefits from the State under any state program wfriel:t 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 ei-tltef the Passamaquoddy Tribe eFJ. the 
Penobscot Nation or the Houlton Band of Maliseet Indians may be raised through any 
source. of revenue available to the respective tribe eFJ. 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 mone~rs money employs 
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a factor for the municipal real property tax rate, and in the absenc~ of such tax within 
ei#leF 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, pro.,;rided, however, that as long as property owned by or held in trust for ei#leF .i! 
tribe er~ nation or band and. used for governmental purposes shall be is 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 er~ 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 er~ 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 er~ nation or band 
by the State. Unless otherwise provided by federal law, in computing the extent to which 
either the Passamaquoddy. Tribe er~ 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 10caJ 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 sarhe 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 eitlwr 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 
other persons iri the State, provided, however, 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!§. deducted in computing any payment to ~e made by the State. 
Sec. 6. 30 MRS A §6212, sub-§l, as amended by PL 1993, c. 600, Pt. A, §24 arid 
affected by §25, is further amended to read: 
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1. Commission created. The Maine Indian Tribal-State Commission is established. 
The commission consists of -9 13 members, 4 Q tobe 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. 7. 30 MRSA §6212, sub-§2, as amended by PL 1993, c. 600, Pt. A, §24 and 
affected by §25, is further amended to read: 
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2. Chair. The commission, by a majority vote of its -8- 11 members, shall select an 
individual who is a resident of the State to act as chair. 
Vlhen g members of the 
commission by maj ority vote are unable to select a chair 'llithin 120 days of the first 
meeting of the commission, the Governor, after consulting 'liith the governors of the 
Penobscot Nation and the Passamaquodd)' Tribe, shall appoint an interim chair for a-
period of one year or for the period until the commission selects a 9hair in accordance 
with this section, vlhichever 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 .g 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 governors chiefs of the Houlton Band of Maliseet Indians, the 
Penobscot Nation and the Passamaquoddy Tribe, shall appoint an inte~rim 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. 8. 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 
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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 shaH ~ake such 
reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, 
the Passamaquoddy Tribe and the Penobscot Nation as it determines appropriate. 
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Seven 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. 
Sec. 9. Contingent effective date. This Act 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 Act, 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 SecretClry of 
the Senate, the Clerk of the House and the Revisor of Statutes. 
SUMMARY 
This bill provides the Houlton Band of Maliseet Indians with Tribal Court authority .. 
This bill removes the sunset on the authority of law enforcement of the Houlton Band of 
Maliseet Indians. This bill provides for eligibility for state funding for the Houlton Band 
of Maliseet Indians. 
This bill 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 bill deletes language that pertained to the selection of 
the first chair of the Maine Indian Tribal-State Commission, as that is no longer 
necessary. It also includes provisions for the replacement of the chair of the commission. 
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