An Act To Amend the Act To Implement the Maine Indian Claims Settlement
Maine Legislature, Session 129, LD 1709
Committee: Judiciary
Sponsors: COLLINGS, JACKSON
Amends: 2 MRSA §11, 30 MRSA §6204, 30 MRSA §6206, 30 MRSA §6208

Legislative Document
No. 1709
H.P. 1221
House of Representatives, May 9, 2019
An Act To Amend the Act To Implement the Maine Indian Claims 
Settlement
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  2 MRSA §11 is enacted to read:
§11.  Communication with congressional delegation on legislation affecting tribes
1.  Active communications with congressional delegation.  The Governor or the 
Governor's designee shall maintain active communications with the State's congressional 
delegation concerning legislation introduced in the United States Senate or the United 
States House of Representatives for the benefit of Indians, Indian nations or tribes or 
bands of Indians that would affect or preempt the application of the laws of this State, 
including application of the laws of the State to lands owned by or held in trust for 
Indians or Indian nations, tribes or bands of Indians as provided in the United States 
Code, Title 25, chapter 19, subchapter II.
2.  Reports.  Beginning October 15, 2019, the Governor or the Governor's designee 
shall submit a report within 10 days of receipt of information that legislation identified in 
subsection 1 has been introduced.  Beginning January 15, 2020, the Governor or the 
Governor's designee shall submit an annual report that contains information about 
legislation identified in subsection 1, including its disposition, that was introduced within 
the preceding calendar year.  The reports must be submitted to the President of the 
Senate, the Speaker of the House of Representatives, the Attorney General and the Chair 
of the Maine Indian Tribal-State Commission.
Sec. 2.  30 MRSA §6204, as enacted by PL 1979, c. 732, §§1 and 31, is repealed.
Sec. 3.  30 MRSA §6206, sub-§§1 and 2, as enacted by PL 1979, c. 732, §§1 and 
31, are amended to read:
1.  General Powers. Except as otherwise provided in this Act, the Passamaquoddy 
Tribe and the Penobscot Nation, within their respective Indian territories, shall 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 or nation, 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 and the Penobscot Nation 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 of a sovereign. Any resident 
of the Passamaquoddy Indian territory or the Penobscot Indian territory who is not a 
member of the respective tribe or nation nonetheless shall be is equally entitled to receive 
any municipal or governmental services provided by the respective tribe or nation or by 
the State, except those services which that are provided exclusively to members of the 
respective tribe or nation pursuant to state or federal law, and shall be are 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, and the Penobscot Nation 
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 or 
nation and its the officers and employees shall be of the Passamaquoddy Tribe and the 
Penobscot Nation are immune from suit when the respective tribe or nation is acting in its 
governmental capacity to the same extent as any municipality or like officers or 
employees thereof within of the State.
Sec. 4.  30 MRSA §6208, sub-§3, as amended by PL 1985, c. 672, §§3 and 4, is 
repealed.
Sec. 5.  Contingent effective date.  Except for section 1, which takes effect 90 
days after adjournment of the First Regular Session of the 129th Legislature, this Act 
takes effect 120 days after adjournment of the First Regular Session of the 129th 
Legislature only if, within 90 days after the adjournment of the First Regular Session of 
the 129th Legislature, the Secretary of State receives written certification from the 
Governor and the Council of the Penobscot Nation that the nation has agreed to the 
provisions of section 2 of this Act and written certification from the Joint Tribal Council 
of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act, with 
the exception of section 1, 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.
SUMMARY
Current law provides that federal laws adopted after October 10, 1980 for the benefit 
of Indians, Indian nations or tribes or bands of Indians that would affect or preempt the 
application of the laws of this State, including application of the laws of the State to lands 
owned by or held in trust for Indians or Indian nations, tribes or bands of Indians do not 
apply within this State unless the subsequently enacted federal law is specifically made 
applicable within this State.
This bill directs the Governor or the Governor's designee to maintain active 
communications with all the members of the Maine congressional delegation about the 
introduction of any such legislation in the United States Senate or the United States 
House of Representatives.  The Governor or the Governor's designee is required to submit 
a report within 10 days of the introduction of such legislation to the President of the 
Senate, the Speaker of the House of Representatives, the Attorney General and the Chair 
of the Maine Indian Tribal-State Commission.  In addition, the Governor or the 
Governor's designee is required to submit an annual report about such legislation, 
including its status and disposition.  The information in the reports will assist the 
President of the Senate, Speaker of the House, Attorney General and Maine Indian 
Tribal-State Commission in deciding how to work with the Maine congressional 
delegation to ensure the tribes in Maine are included in federal legislation when 
appropriate.
This bill amends the Act to Implement the Maine Indian Claims Settlement to 
specifically state that the Passamaquoddy Tribe and the Penobscot Nation have the same 
rights, privileges, powers and immunities as a sovereign and repeals the requirement that 
all Indians, Indian nations and tribes and bands of Indians and any lands or other 
resources owned or held for them are subject to the laws of Maine and to the jurisdiction 
of Maine courts.  The bill provides the same level of immunity to the Passamaquoddy 
Tribe and the Penobscot Tribe and their officers and employees as is enjoyed by officers 
and employees of the State.  Finally, the bill repeals the provision of the implementing 
Act that subjects all Indians and Indian nations or tribe or band of Indians to taxes and 
fees.
The changes to the implementing Act do not take effect unless approved by the 
Governor and Council of the Penobscot Nation and the Joint Tribal Council of the 
Passamaquoddy Tribe within 90 days after adjournment of the First Regular Session of 
the 129th Legislature.