An Act To Restore to the Penobscot Nation and Passamaquoddy Tribe the Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010
Maine Legislature, Session 129, LD 1907
Committee: Judiciary
Sponsors: TALBOT ROSS, MOORE, COLLINGS, EVANGELOS, NEWELL, CARPENTER, JACKSON, LAWRENCE
Amends: 30 MRSA §6209-B, 30 MRSA §6209-A

Legislative Document
No. 1907
H.P. 1361
House of Representatives, December 24, 2019
An Act To Restore to the Penobscot Nation and Passamaquoddy 
Tribe the Authority To Exercise Jurisdiction under the Federal 
Tribal Law and Order Act of 2010
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 20, 2019.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator MOORE of Washington and
Representatives: COLLINGS of Portland, EVANGELOS of Friendship, NEWELL of the 
Passamaquoddy Tribe, Senators: CARPENTER of Aroostook, President JACKSON of 
Aroostook, LAWRENCE of York.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  30 MRSA §6209-B, sub-§1, ¶A, as amended by PL 1997, c. 595, §1 
and affected by §2, is further amended to read:
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 Indian reservation of the Penobscot Nation by a member of any 
federally recognized Indian tribe, nation, band or other group, except when 
committed against a person who is not a member of any federally recognized Indian 
tribe, nation, band or other group or against the property of a person who is not a 
member of any federally recognized Indian tribe, nation, band or other group 
Penobscot Indian Reservation for which the maximum potential term of 
imprisonment does not exceed 3 years or a fine of $15,000, or both, for any one 
offense;
Sec. A-2.  30 MRSA §6209-B, sub-§6 is enacted to read:
6.  Criminal offenses.  The following provisions govern criminal offenses under 
subsection 1, paragraph A.
A.  The Penobscot Nation Tribal Court may not impose on a defendant in a criminal 
proceeding a total penalty or punishment greater than imprisonment for a term of 9 
years.
B.  The Penobscot Nation Tribal Court may subject a defendant to a term of 
imprisonment greater than one year but not to exceed 3 years for any one offense, or 
a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a 
person accused of a criminal offense who:
(1)  Has been previously convicted of the same or a comparable offense by any 
jurisdiction in the United States; or
(2)  Is being prosecuted for an offense comparable to an offense that would be 
punishable by more than one year of imprisonment if prosecuted by the United 
States or any of the states.
C.  In a criminal proceeding in which the Penobscot Nation Tribal Court, in 
exercising powers of self-government, imposes a total term of imprisonment of more 
than one year on a defendant, the Penobscot Nation shall provide to the defendant all 
rights set forth in 25 United States Code, Section 1302 (2019).
D.  In the case of a defendant sentenced to a term of imprisonment exceeding one 
year, the Penobscot Nation Tribal Court may require the defendant to serve the 
sentence:
(1)  In a tribal correctional center that has been approved by the United States 
Department of the Interior, Bureau of Indian Affairs for long-term incarceration;
(2)  In the nearest appropriate federal facility, at the expense of the United States, 
pursuant to the United States Department of Justice, Bureau of Prisons tribal 
prisoner program described in the federal Tribal Law and Order Act of 2010, 
Public Law 111-211, Section 234(c);
(3)  In a detention or correctional center approved by a state or local government, 
pursuant to an agreement between the Penobscot Nation and the state or local 
government; or
(4)  In an alternative rehabilitation center of an Indian tribe.
As an alternative to a sentence pursuant to subparagraphs (1) to (4), the Penobscot 
Nation Tribal Court may sentence the defendant to an alternative form of punishment, 
as determined by a tribal court judge pursuant to the laws of the Penobscot Nation.
Sec. A-3.  Contingent effective date; certification.  This Part does not take 
effect unless, within 60 days of the adjournment of the Second Regular Session of the 
129th Legislature, the Secretary of State receives written certification by the Governor 
and 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 this Part 
become effective until 90 days after the adjournment of the Second Regular Session of 
the 129th Legislature.
PART B
Sec. B-1.  30 MRSA §6209-A, sub-§1, ¶A, as amended by PL 2009, c. 384, Pt. 
E, §1 and affected by §3, is further amended to read:
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 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 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 the Passamaquoddy Tribe, 
the Houlton Band of Maliseet Indians or the Penobscot Nation Passamaquoddy 
Indian Reservation for which the maximum potential term of imprisonment does not 
exceed 3 years or a fine of $15,000, or both, for any one offense;
Sec. B-2.  30 MRSA §6209-A, sub-§6 is enacted to read:
6.  Criminal offenses.  The following provisions govern criminal offenses under 
subsection 1, paragraph A.
A.  The Passamaquoddy Tribal Court may not impose on a defendant in a criminal 
proceeding a total penalty or punishment greater than imprisonment for a term of 9 
years.
B.  The Passamaquoddy Tribal Court may subject a defendant to a term of 
imprisonment greater than one year but not to exceed 3 years for any one offense, or 
a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a 
person accused of a criminal offense who:
(1)  Has been previously convicted of the same or a comparable offense by any 
jurisdiction in the United States; or
(2)  Is being prosecuted for an offense comparable to an offense that would be 
punishable by more than one year of imprisonment if prosecuted by the United 
States or any of the states.
C.  In a criminal proceeding in which the Passamaquoddy Tribal Court, in exercising 
powers of self-government, imposes a total term of imprisonment of more than one 
year on a defendant, the Passamaquoddy Tribe shall provide to the defendant all 
rights set forth in 25 United States Code, Section 1302 (2019).
D.  In the case of a defendant sentenced to a term of imprisonment exceeding one 
year, the Passamaquoddy Tribal Court may require the defendant to serve the 
sentence:
(1)  In a tribal correctional center that has been approved by the United States 
Department of the Interior, Bureau of Indian Affairs for long-term incarceration;
(2)  In the nearest appropriate federal facility, at the expense of the United States, 
pursuant to the United States Department of Justice, Bureau of Prisons tribal 
prisoner program described in the federal Tribal Law and Order Act of 2010, 
Public Law 111-211, Section 234(c);
(3)  In a detention or correctional center approved by a state or local government, 
pursuant to an agreement between the Passamaquoddy Tribe and the state or local 
government; or
(4)  In an alternative rehabilitation center of an Indian tribe.
As an alternative to a sentence pursuant to subparagraphs (1) to (4), the 
Passamaquoddy Tribal Court may sentence the defendant to serve an alternative form 
of punishment, as determined by a tribal court judge pursuant to the laws of the 
Passamaquoddy Tribe.
Sec. B-3.  Contingent effective date; certification.  This Part does not take 
effect unless, within 60 days of the adjournment of the Second Regular Session of the 
129th Legislature, the Secretary of State receives written certification by the Joint Tribal 
Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this 
Part pursuant to 25 United States Code, Section 1725(e), copies of which must be 
submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House 
of Representatives and the Revisor of Statutes; except that in no event may this Part 
become effective until 90 days after the adjournment of the Second Regular Session of 
the 129th Legislature.
SUMMARY
This bill amends the Act To Implement the Maine Indian Claims Settlement by:
1.  Extending the criminal jurisdiction of the Penobscot Nation and the 
Passamaquoddy Tribe to persons who are not members of any federally recognized 
Indian tribe, nation, band or other group when such persons commit certain crimes on the 
Penobscot Indian Reservation or the Passamaquoddy Indian Reservation;
2.  Expanding the jurisdiction of the Penobscot Nation and the Passamaquoddy Tribe 
from criminal offenses with a maximum period of imprisonment of one year and a 
maximum fine of $5,000 for any one offense to criminal offenses with a maximum period 
of imprisonment of 3 years and a maximum fine of $15,000 for any one offense but not to 
exceed a total penalty or punishment greater than imprisonment for 9 years, as authorized 
by the federal Tribal Law and Order Act of 2010, Public Law 111-211; and
3.  Ensuring that defendants prosecuted in the Penobscot Nation Tribal Court and 
Passamaquoddy Tribal Court have the rights afforded defendants by the federal Tribal 
Law and Order Act of 2010, Public Law 111-211; 25 United States Code, Section 1302 
(2019); and the United States Constitution.