An Act To Implement the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act
Maine Legislature, Session 129, LD 2094
Committee: Judiciary
Amends: Title 25, Section 1724, 30 MRSA §6201, 30 MRSA §6202, 30 MRSA §6203, 30 MRSA §6204, 30 MRSA §6205, 30 MRSA §6205-A, 30 MRSA §6206, 30 MRSA §6206-A, 30 MRSA §6206-B, 30 MRSA §6207, 30 MRSA §6207-A, 30 MRSA §6208, 30 MRSA §6208-A, 30 MRSA §6209-A, 30 MRSA §6209-B, 30 MRSA §6209-C, 30 MRSA §6209-D, 30 MRSA §6210, 30 MRSA §6211, 30 MRSA §6213, 30 MRSA §6214, 30 MRSA §6215, 30 MRSA §6216

Legislative Document
No. 2094
H.P. 1492
House of Representatives, February 4, 2020
An Act To Implement the Recommendations of the Task Force on 
Changes to the Maine Indian Claims Settlement Implementing Act
Reported by Representative BAILEY of Saco for the Joint Standing Committee on 
Judiciary pursuant to Joint Order 2019, H.P. 1307.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30 MRSA §6201, as enacted by PL 1979, c. 732, §§1 and 31, is amended 
to read:
§6201.  Short title
This Act shall be is known and may be cited as "AN ACT to Implement the Maine 
Indian Claims Settlement."
Sec. 2.  30 MRSA §6202, as enacted by PL 1979, c. 732, §§1 and 31, is amended 
to read:
§6202.  Legislative findings and declaration of policy
The Legislature finds and declares the following.
The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians are asserting asserted claims for possession of large areas of land in the State and 
for damages alleging that the lands in question originally were transferred by treaty in 
violation of the Indian Trade and Intercourse Act of 1790, 1 Stat. 137, or subsequent 
reenactments or versions thereof.
Substantial At the time, the prospect that these claims would not be promptly 
resolved threatened to create substantial economic and social hardship could be created 
for large numbers of landowners, citizens and communities in the State, and therefore to 
the State as a whole, if these claims are not resolved promptly.
The claims also have produced disagreement between the Indian claimants and the 
State over the extent of the state's State's jurisdiction in the claimed areas. This 
disagreement has resulted in litigation and, if the claims are had not been resolved, further 
litigation on jurisdictional issues would be have been likely.
The In the late 1970s, the Indian claimants and the State, acting through the Attorney 
General, have reached certain agreements which represent that represented a good faith 
effort on the part of all parties to achieve a fair and just resolution of those claims which 
that, in the absence of agreement, would be have been pursued through the courts for 
many years to the ultimate detriment of the State and all its citizens, including the 
Indians.  The resolution reached among the Indian claimants and the State affirmed the 
land transfers and the reservations of rights embodied within the specific treaties that 
gave rise to the claims at issue, and sought to definitively eliminate any prospect that the 
claims brought by the Indian claimants would cloud private title to land in the State.
The foregoing agreement between the Indian claimants and the State also represents a 
good faith effort by the Indian claimants and the State to achieve a just and fair resolution 
of their disagreement over jurisdiction on the present Passamaquoddy and Penobscot 
Indian reservations and in the claimed areas. To that end, the Passamaquoddy Tribe and 
the Penobscot Nation have agreed to adopt the laws of the State as their own to the extent 
provided in this Act. The Houlton Band of Maliseet Indians and its lands will be wholly 
subject to the laws of the State.
It is the purpose of this Act to implement in part the foregoing agreement.
1.  Rights, privileges, powers, duties and immunities.  The purpose of the 
amendments to this chapter enacted in 2020 is to establish that the Passamaquoddy Tribe, 
the Penobscot Nation and the Houlton Band of Maliseet Indians enjoy rights, privileges, 
powers, duties and immunities similar to those of other federally recognized Indian tribes 
within the United States.
2.  Federal Indian law applies.  Except as otherwise specified in this chapter, federal 
Indian law applies with regard to the rights, privileges, powers, duties and immunities of 
the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians.
Sec. 3.  30 MRSA §6203, as amended by PL 2009, c. 636, Pt. B, §1 and affected 
by §2, is further amended to read:
§6203.  Definitions
As used in this Act, unless the context indicates otherwise, the following terms have 
the following meanings.
1.  Commission.  "Commission" means the Maine Indian Tribal-State Commission 
created by section 6212.
1-A.  Federal Indian law.  "Federal Indian law" means the United States 
Constitution and all federal statutes, regulations and case law and subsequent 
amendments thereto or judicial interpretations thereof, relating to the rights, privileges, 
powers, duties and immunities of federally recognized Indian tribes within the United 
States, except those federally recognized Indian tribes subject to United States Public 
Law 83-280 or a specific treaty or settlement act.
2.  Houlton Band of Maliseet Indians.  "Houlton Band of Maliseet Indians" means 
the Maliseet Tribe of Indians as constituted on March 4, 1789, and all its predecessors 
and successors in interest, which, as of the date of passage of this Act April 3, 1980, are 
represented, as to lands within the United States, by the Houlton Band Council of the 
Houlton Band of Maliseet Indians.
2-A.  Houlton Band Trust Land Tribal Lands.  "Houlton Band Trust Land Tribal 
Lands" means land or other natural resources acquired by the secretary in trust for the 
Houlton Band of Maliseet Indians, in compliance with the terms of this Act section 
6205-A and the Maine Indian Claims Settlement Act of 1980, United States Public Law 
96-420, with moneys money from the original $900,000 congressional appropriation and 
interest thereon deposited in the Land Acquisition Fund established for the Houlton Band 
of Maliseet Indians pursuant to United States Public Law 96-420, Section 5, United 
States Code, Title 25, Section 1724, or with proceeds from a taking of Houlton Band 
Trust Land Tribal Lands for public uses pursuant to the laws of this State or the United 
States.
3.  Land or other natural resources.  "Land or other natural resources" means any 
real property or other natural resources, or any interest in or right involving any real 
property or other natural resources, including, but without limitation, minerals and 
mineral rights, timber and timber rights, water and water rights and hunting and fishing 
rights.
4.  Laws of the State.  "Laws of the State" means the Constitution of Maine and all 
statutes, rules or regulations and the common law of the State and its political 
subdivisions, and subsequent amendments thereto or judicial interpretations thereof.
5.  Passamaquoddy Indian Reservation.  "Passamaquoddy Indian Reservation" 
means those lands reserved to the Passamaquoddy Tribe by agreement with the State 
Commonwealth of Massachusetts dated September 19, 1794, excepting any parcel within 
such lands transferred to a person or entity other than a member of the Passamaquoddy 
Tribe subsequent to such agreement and prior to the effective date of this Act October 10, 
1980. If any lands reserved to the Passamaquoddy Tribe by the aforesaid agreement 
hereafter are acquired by the Passamaquoddy Tribe, or the secretary on its behalf, that 
land shall must be included within the Passamaquoddy Indian Reservation. For purposes 
of this subsection, the lands reserved to the Passamaquoddy Tribe by the aforesaid 
agreement shall be are limited to Indian Township in Washington County; Pine Island, 
sometimes referred to as Taylor's Island, located in Big Lake, in Washington County; 100 
acres of land located on Nemcass Point, sometimes referred to as Governor's Point, 
located in Washington County and shown on a survey of John Gardner which that is filed 
in the Maine State Archives, Executive Council Records, Report Number 264 and dated 
June 5, 1855; 100 acres of land located at Pleasant Point in Washington County as 
described in a deed to Captain John Frost from Theodore Lincoln, Attorney for Benjamin 
Lincoln, Thomas Russell, and John Lowell dated July 14, 1792, and recorded in the 
Washington County Registry of Deeds on April 27, 1801, at Book 3, Page 73; and those 
islands in the St. Croix River in existence on September 19, 1794 and located between 
the head of the tide of that river and the falls below the forks of that river, both of which 
points are shown on a 1794 plan of Samuel Titcomb which that is filed in the Maine State 
Archives in Maine Land Office Plan Book Number 1, page 33.  The "Passamaquoddy 
Indian Reservation" includes those lands which that have been or may be acquired by the 
Passamaquoddy Tribe within that portion of the Town of Perry which that lies south of 
Route 1 on the east side of Route 190 and south of lands now owned or formerly owned 
by William Follis on the west side of Route 190, provided that no such lands may be 
included in the Passamaquoddy Indian Reservation until the Secretary of State receives 
certification from the treasurer of the Town of Perry that the Passamaquoddy Tribe has 
paid to the Town of Perry the amount of $350,000, provided that the consent of the Town 
of Perry would be voided unless the payment of the $350,000 is made within 120 days of 
the effective date of this section.  Any commercial development of those lands must be by 
approval of the voters of the Town of Perry with the exception of land development 
currently in the building stages.
6.  Passamaquoddy Indian territory.  "Passamaquoddy Indian territory" means that 
territory defined by section 6205, subsection 1.
7.  Passamaquoddy Tribe. "Passamaquoddy Tribe" means the Passamaquoddy 
Indian Tribe as constituted on March 4, 1789, and all its predecessors and successors in 
interest, which that, as of the date of passage of this Act April 3, 1980, are represented by 
the Joint Tribal Council of the Passamaquoddy Tribe, with separate councils at the Indian 
Township and Pleasant Point Reservations.
8.  Penobscot Indian Reservation.  "Penobscot Indian Reservation" means the 
islands in the Penobscot River reserved to the Penobscot Nation by agreement with the 
States Commonwealth of Massachusetts and the State of 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 October 10, 1980.  If any land within Nicatow Island 
is hereafter acquired by the Penobscot Nation, or the secretary on its behalf, that land 
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 W.E.L.S., 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.
9.  Penobscot Indian territory.  "Penobscot Indian territory" means that territory 
defined by section 6205, subsection 2.
10.  Penobscot Nation. "Penobscot Nation" means the Penobscot Indian Nation as 
constituted on March 4, 1789, and all its predecessors and successors in interest, which 
that, as of the date of passage of this Act April 3, 1980, are represented by the Penobscot 
Reservation Tribal Council.
11.  Secretary. "Secretary" means the Secretary of the Interior of the United States.
12.  Settlement Fund. "Settlement Fund" means the trust fund established for the 
Passamaquoddy Tribe and Penobscot Nation by the United States pursuant to 
congressional legislation extinquishing extinguishing aboriginal land claims in Maine.
13.  Transfer. "Transfer" includes, but is not necessarily limited to, any voluntary or 
involuntary sale, grant, lease, allotment, partition or other conveyance; any transaction 
the purpose of which was to effect a sale, grant, lease, allotment, partition or other 
conveyance; and any act, event or circumstance that resulted in a change in title to, 
possession of, dominion over, or control of land or other natural resources.
14.  Tribal lands.  "Tribal lands" of the Passamaquoddy Tribe, the Penobscot Nation 
or the Houlton Band of Maliseet Indians means any land held by the secretary in trust for 
the relevant tribe and any reservation land held by the relevant tribe.  "Tribal lands" is not 
limited to those lands held by the secretary in trust or reservation land held by the 
relevant tribe as of the enactment of this subsection, but includes those lands that are 
acquired after the enactment of this subsection and held by the secretary in trust for the 
relevant tribe and reservation lands acquired after the enactment of this subsection and 
held by the relevant tribe.
Sec. 4.  30 MRSA §6204, as enacted by PL 1979, c. 732, §§1 and 31, is repealed.
Sec. 5.  30 MRSA §6205, as amended by PL 2013, c. 91, §§1 and 2 and affected 
by §3, is further amended to read:
§6205.  Indian territory Passamaquoddy Tribal Lands and Penobscot Tribal Lands
1.  Passamaquoddy Indian territory Tribal Lands.  Subject to subsections 3, and 4 
and 5, the following lands within the State are known as the "Passamaquoddy Indian 
territory Tribal Lands:"
A.  The Passamaquoddy Indian Reservation;
B.  The first 150,000 acres of land acquired by the secretary for the benefit of the 
Passamaquoddy Tribe from the following areas or lands to the extent that those lands 
are acquired by the secretary prior to January 31, 1991, are not held in common with 
any other person or entity and are certified by the secretary by January 31, 1991, as 
held for the benefit of the Passamaquoddy Tribe:
The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P. 
(Lowelltown), T.6, R.1, N.B.K.P. (Holeb), T.2, R.10, W.E.L.S. and T.2, R.9, 
W.E.L.S.; the land of Raymidga Company located in T.1, R.5, W.B.K.P. (Jim Pond), 
T.4, R.5, B.K.P.W.K.R. (King and Bartlett), T.5, R.6, B.K.P.W.K.R. and T.3, R.5, 
B.K.P.W.K.R.; the land of the heirs of David Pingree located in T.6, R.8, W.E.L.S.; 
any portion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle 
Company located in T.9, S.D.; any portion of T.24, M.D.B.P.P.; the lands of Bertram 
C. Tackeff or Northeastern Blueberry Company, Inc. in T.19, M.D.B.P.P.; any 
portion of T.2, R.8, N.W.P.; any portion of T.2, R.5, W.B.K.P. (Alder Stream); the 
lands of Dead River Company in T.3, R.9, N.W.P., T.2, R.9, N.W.P., T.5, R.1, 
N.B.P.P. and T.5, N.D.B.P.P.; any portion of T.3, R.1, N.B.P.P.; any portion of T.3, 
N.D.; any portion of T.4, N.D.; any portion of T.39, M.D.; any portion of T.40, M.D.; 
any portion of T.41, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond 
International Corporation, International Paper Company and Lincoln Pulp and Paper 
Company located in Argyle; and the lands of the Dyer Interests in T.A.R.7 W.E.L.S., 
T.3 R.9 N.W.P., T.3 R.3. N.B.K.P. (Alder Brook Township), T.3 R.4 N.B.K.P. 
(Hammond Township), T.2 R.4 N.B.K.P. (Pittston Academy Grant), T.2 R.3 
N.B.K.P. (Soldiertown Township), and T.4 R.4 N.B.K.P. (Prentiss Township), and 
any lands in Albany Township acquired by the Passamaquoddy Tribe before January 
1, 1991;
C.  Any land not exceeding 100 acres in the City of Calais acquired by the secretary 
for the benefit of the Passamaquoddy Tribe as long as the land is acquired by the 
secretary prior to January 1, 2001, is not held in common with any other person or 
entity and is certified by the secretary by January 31, 2001, as held for the benefit of 
the Passamaquoddy Tribe, if:;
(1) The acquisition of the land by the tribe is approved by the legislative body of 
that city; and
(2) A tribal-state compact under the federal Indian Gaming Regulatory Act is 
agreed to by the State and the Passamaquoddy Tribe or the State is ordered by a 
court to negotiate such a compact;
D.  All land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
T. 19, M.D. to the extent that the land is acquired by the secretary prior to January 31, 
2020, is not held in common with any other person or entity and is certified by the 
secretary by January 31, 2020 as held for the benefit of the Passamaquoddy Tribe;
D-1.  Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville consisting of Parcels A, B and C conveyed by Bertram C. Tackeff to the 
Passamaquoddy Tribe by quitclaim deed dated July 27, 1981, recorded in the 
Washington County Registry of Deeds in Book 1147, Page 251, to the extent that the 
land is acquired by the secretary prior to January 31, 2017, is not held in common 
with any other person or entity and is certified by the secretary by January 31, 2017 
as held for the benefit of the Passamaquoddy Tribe;
D-2.  Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville conveyed by Bertram C. Tackeff to the Passamaquoddy Tribe by 
quitclaim deed dated May 4, 1982, recorded in the Washington County Registry of 
Deeds in Book 1178, Page 35, to the extent that the land is acquired by the secretary 
prior to January 31, 2023, is not held in common with any other person or entity and 
is certified by the secretary by January 31, 2023 as held for the benefit of the 
Passamaquoddy Tribe; and
E.  Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Township 21 consisting of Gordon Island in Big Lake, conveyed by Domtar Maine 
Corporation to the Passamaquoddy Tribe by corporate quitclaim deed dated April 30, 
2002, recorded in the Washington County Registry of Deeds in Book 2624, Page 301, 
to the extent that the land is acquired by the secretary prior to January 31, 2017, is not 
held in common with any other person or entity and is certified by the secretary by 
January 31, 2017 as held for the benefit of the Passamaquoddy Tribe.
2.  Penobscot Indian territory Tribal Lands.  Subject to subsections 3, and 4 and 5, 
the following lands within the State shall be are known as the "Penobscot Indian territory 
Tribal Lands:"
A.  The Penobscot Indian Reservation; and
B.  The first 150,000 acres of land acquired by the secretary for the benefit of the 
Penobscot Nation from the following areas or lands to the extent that those lands are 
acquired by the secretary prior to January 31, 2021, are not held in common with any 
other person or entity and are certified by the secretary by January 31, 2021, as held 
for the Penobscot Nation:
The lands of Great Northern Nekoosa Corporation located in T.1, R.8, W.B.K.P. 
(Lowelltown), T.6, R.1, N.B.K.P. (Holeb), T.2, R.10, W.E.L.S. and T.2, R.9, 
W.E.L.S.; the land of Raymidga Company located in T.1, R.5, W.B.K.P. (Jim Pond), 
T.4, R.5, B.K.P.W.K.R. (King and Bartlett), T.5, R.6, B.K.P.W.K.R. and T.3, R.5, 
B.K.P.W.K.R.; the land of the heirs of David Pingree located in T.6, R.8, W.E.L.S.; 
any portion of Sugar Island in Moosehead Lake; the lands of Prentiss and Carlisle 
Company located in T.9, S.D.; any portion of T.24, M.D.B.P.P.; the lands of Bertram 
C. Tackeff or Northeastern Blueberry Company, Inc. in T.19, M.D.B.P.P.; any 
portion of T.2, R.8, N.W.P.; any portion of T.2, R.5, W.B.K.P. (Alder Stream); the 
lands of Dead River Company in T.3, R.9, N.W.P., T.2, R.9, N.W.P., T.5, R.1, 
N.B.P.P. and T.5, N.D.B.P.P.; any portion of T.3, R.1, N.B.P.P.; any portion of T.3, 
N.D.; any portion of T.4, N.D.; any portion of T.39, M.D.; any portion of T.40, M.D.; 
any portion of T.41, M.D.; any portion of T.42, M.D.B.P.P.; the lands of Diamond 
International Corporation, International Paper Company and Lincoln Pulp and Paper 
Company located in Argyle; any land acquired in Williamsburg T.6, R.8, N.W.P.; 
any 300 acres in Old Town mutually agreed upon by the City of Old Town and the 
Penobscot Nation Tribal Government, provided that the mutual agreement must be 
finalized prior to August 31, 1991; any lands in Lakeville acquired by the Penobscot 
Nation before January 1, 1991; and all the property acquired by the Penobscot Indian 
Nation from Herbert C. Haynes, Jr., Herbert C. Haynes, Inc. and Five Islands Land 
Corporation located in Township 1, Range 6 W.E.L.S.
3.  Takings under the laws of the State.  This subsection governs takings under the 
laws of this State.
A.  Prior to any taking of land for public uses within either the Passamaquoddy 
Indian Reservation or the Penobscot Indian Reservation, the public entity proposing 
the taking, or, in the event of a taking proposed by a public utility, the Public Utilities 
Commission, shall be is required to find that there is no reasonably feasible 
alternative to the proposed taking. In making this finding, the public entity or the 
Public Utilities Commission shall compare the cost, technical feasibility, and 
environmental and social impact of the available alternatives, if any, with the cost, 
technical feasibility and environmental and social impact of the proposed taking. 
Prior to making this finding, the public entity or Public Utilities Commission, after 
notice to the affected tribe or nation, shall conduct a public hearing in the manner 
provided by the Maine Administrative Procedure Act, on the affected Indian 
reservation. The finding of the public entity or Public Utilities Commission may be 
appealed to the Maine Superior Court.
In the event of a taking of land for public uses within the Passamaquoddy Indian 
Reservation or the Penobscot Indian Reservation, the public entity or public utility 
making the taking shall, at the election of the affected tribe or nation, and with 
respect to individually allotted lands, at the election of the affected allottee or 
allottees, acquire by purchase or otherwise for the respective tribe, nation, allottee or 
allottees a parcel or parcels of land equal in value to that taken; contiguous to the 
affected Indian reservation; and as nearly adjacent to the parcel taken as practicable. 
The land so acquired shall must, upon written certification to the Secretary of State 
by the public entity or public utility acquiring such land describing the location and 
boundaries thereof, be included within the Indian Reservation reservation of the 
affected tribe or nation without further approval of the State. For purposes of this 
section, land along and adjacent to the Penobscot River shall be is deemed to be 
contiguous to the Penobscot Indian Reservation. The acquisition of land for the 
Passamaquoddy Tribe or the Penobscot Nation or any allottee under this subsection 
shall be is full compensation for any such taking. If the affected tribe, nation, allottee 
or allottees elect not to have a substitute parcel acquired in accordance with this 
subsection, the moneys money received for such taking shall must be reinvested in 
accordance with the provisions of paragraph B.
B.  If land within either the Passamaquoddy Indian Territory Tribal Lands or the 
Penobscot Indian Territory Tribal Lands but not within either the Passamaquoddy 
Indian Reservation or the Penobscot Indian Reservation is taken for public uses in 
accordance with the laws of the State, the money received for said land shall must be 
reinvested in other lands within 2 years of the date on which the money is received.  
To the extent that any moneys money received are is so reinvested in land with an 
area not greater than the area of the land taken and located within an unorganized or 
unincorporated area of the State, the lands so acquired by such reinvestment shall 
must be included within the respective Indian territory tribal lands without further 
approval of the State.  To the extent that any moneys money received are is so 
reinvested in land with an area greater than the area of the land taken and located 
within an unorganized or unincorporated area of the State, the respective tribe or 
nation shall designate, within 30 days of such reinvestment, that portion of the land 
acquired by such reinvestment, not to exceed the area taken, which shall must be 
included within the respective Indian territory tribal lands.  No land acquired pursuant 
to this paragraph shall may be included within either Indian Territory tribal lands 
until the Secretary of Interior secretary has certified, in writing, to the Secretary of 
State the location and boundaries of the land acquired.
4.  Taking under the laws of the United States.  In the event of a taking of land 
within the Passamaquoddy Indian territory Tribal Lands or the Penobscot Indian territory 
Tribal Lands for public uses in accordance with the laws of the United States and the 
reinvestment of the moneys money received from such taking within 2 years of the date 
on which the moneys are money is received, the status of the lands acquired by such 
reinvestment shall must be determined in accordance with subsection 3, paragraph B.
5.  Limitations.  No lands held or acquired by or in trust for the Passamaquoddy 
Tribe or the Penobscot Nation, other than those described in subsections 1, 2, 3 and 4, 
shall be included within or added to the Passamaquoddy Indian territory or the Penobscot 
Indian territory except upon recommendation of the commission and approval of the State 
to be given in the manner required for the enactment of laws by the Legislature and 
Governor of Maine, provided, however, that no lands within any city, town, village or 
plantation shall be added to either the Passamaquoddy Indian territory or the Penobscot 
Indian territory without approval of the legislative body of said city, town, village or 
plantation in addition to the approval of the State.
Any lands within the Passamaquoddy Indian territory or the Penobscot Indian territory, 
the fee to which is transferred to any person who is not a member of the respective tribe 
or nation, shall cease to constitute a portion of Indian territory and shall revert to its status 
prior to the inclusion thereof within Indian territory.
6.  Acquisition of additional trust land.  Nothing in this chapter limits the ability of 
the Passamaquoddy Tribe and the Penobscot Nation to acquire trust land in accordance 
with applicable settlement acts and federal Indian law, including but not limited to the 
federal Indian Reorganization Act, Public Law 73-383, and their implementing 
regulations.  Except as required by federal Indian law, acquisition of trust land is not 
subject to approval by the State or any local government within the State.
Sec. 6.  30 MRSA §6205-A, as enacted by PL 1981, c. 675, §§2 and 8, is amended 
to read:
§6205-A.  Acquisition of Houlton Band Trust Land Tribal Lands
1.  Approval Acquisition.  The State of Maine approves the acquisition, Lands 
acquired by the secretary, of for the benefit of the Houlton Band Trust Land within the 
requirements of this subsection are known as Houlton Band Tribal Lands. 
A.  No land or other natural resources acquired by the secretary may have the status 
of Houlton Band Trust Land Tribal Lands, or be deemed to be land or other natural 
resources held in trust by the United States, until the secretary files with the Maine 
Secretary of State a certified copy of the deed, contract or other instrument of 
conveyance, setting forth the location and boundaries of the land or other natural 
resources so acquired.  Filing by mail shall be is complete upon mailing.
B.  No land or other natural resources may be acquired by the secretary for the 
Houlton Band of Maliseet Indians until the secretary files with the Maine Secretary of 
State a certified copy of the instrument creating the trust described in section 6208-A, 
together with a letter stating that he the secretary holds not less than $100,000 in a 
trust account for the payment of Houlton Band of Maliseet Indians' obligations, and a 
copy of the claim filing procedures he the secretary has adopted.
C.  No land or natural resources located within any city, town, village or plantation 
may be acquired by the secretary for the Houlton Band of Maliseet Indians without 
the approval of the legislative body of the city, town, village or plantation.
1-A.  Acquisition of additional trust land.  Nothing in this chapter limits the ability 
of the Houlton Band of Maliseet Indians to acquire trust land in accordance with 
applicable settlement acts and federal Indian law, including but not limited to the federal 
Indian Reorganization Act, Public Law 73-383, and their implementing regulations.  
Except as required by federal Indian law, acquisition of trust land is not subject to 
approval by the State or any local government within the State.
2.  Takings for public uses.  Houlton Band Trust Land Tribal Lands may be taken 
for public uses in accordance with the laws of the State of Maine to the same extent as 
privately-owned privately owned land.  The proceeds from any such taking shall must be 
deposited in the Land Acquisition Fund.  The United States shall be is a necessary party 
to any such condemnation proceeding.  After exhausting all state administrative remedies, 
the United States shall have has an absolute right to remove any action commenced in the 
courts of this State to a United States' federal court of competent jurisdiction. 
3.  Restraints on alienation.  Any transfer of Houlton Band Trust Land shall be 
Tribal Lands is void ab initio and without any validity in law or equity, except: 
A.  Takings for public uses pursuant to the laws of this State;
B.  Takings for public uses pursuant to the laws of the United States;
C.  Transfers of individual use assignments from one member of the Houlton Band of 
Maliseet Indians to another band member;
D.  Transfers authorized by United States Public Law 96-420, Section 5(g)(3), United 
States Code, Title 25, Section 1724(g)(3); and
E.  Transfers made pursuant to a special act of Congress.
If the fee to the Houlton Band Trust Fund Land Tribal Lands is lawfully transferred to 
any person or entity, the land so transferred shall cease ceases to have the status of 
Houlton Band Trust Land Tribal Lands. 
Sec. 7.  30 MRSA §6206, as enacted by PL 1979, c. 732, §§1 and 31, is amended 
to read:
§6206.  Powers and duties Rights, privileges, powers, duties and immunities of the 
Indian tribes within their respective Indian territories and the State
1.  General Powers powers. Except as otherwise provided in this Act, the State 
recognizes that the Passamaquoddy Tribe and, the Penobscot Nation, within their 
respective Indian territories, shall the Houlton Band of Maliseet Indians and their 
respective members have, and may exercise and enjoy, all the rights, privileges, powers, 
duties 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. 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 
equally entitled to receive any municipal or governmental services provided by the 
respective tribe or nation or by the State, except those services which are provided 
exclusively to members of the respective tribe or nation pursuant to state or federal law, 
and shall be entitled to vote in national, state and county elections in the same manner as 
any tribal member residing within Indian territory generally afforded to federally 
recognized Indian tribes and their members under federal Indian law.
2.  Power to sue and be sued.  The Passamaquoddy Tribe, the Penobscot Nation, the 
Houlton Band of Maliseet Indians 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 except, 
however, that the respective tribe or, nation or band and its officers and employees shall 
be are immune from suit when the respective tribe or, nation or band is acting in its 
governmental capacity to the same extent as any municipality or like officers or 
employees thereof within the State.
3.  Ordinances.  The Passamaquoddy Tribe and the Penobscot Nation each shall 
have the right to exercise exclusive jurisdiction within its respective Indian territory over 
violations by members of either tribe or nation of tribal ordinances adopted pursuant to 
this section or section 6207. The decision to exercise or terminate the jurisdiction 
authorized by this section shall be made by each tribal governing body. Should either 
tribe or nation choose not to exercise, or to terminate its exercise of, jurisdiction as 
authorized by this section or section 6207, the State shall have exclusive jurisdiction over 
violations of tribal ordinances by members of either tribe or nation within the Indian 
territory of that tribe or nation. The State shall have exclusive jurisdiction over violations 
of tribal ordinances by persons not members of either tribe or nation.
Sec. 8.  30 MRSA §6206-A, as enacted by PL 1981, c. 675, §§3 and 8, is repealed.
Sec. 9.  30 MRSA §6206-B, as amended by PL 2009, c. 384, Pt. A., §1 and 
affected by §4, is further amended to read:
§6206-B.  Law enforcement powers of Houlton Band of Maliseet Indians 
1.  Appointment of tribal law enforcement officers.  The Houlton Band of Maliseet 
Indians may appoint law enforcement officers who have the authority to enforce all the 
laws of the State within the Houlton Band Trust Land Tribal Lands.  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 Joint authority of state, county and local law enforcement officers.  
State Law enforcement officers appointed by the Houlton Band of Maliseet Indians have 
the authority within Houlton Band Tribal Lands and state and county law enforcement 
officers and law enforcement officers appointed by the Town of Houlton have the 
authority within Houlton Band Tribal Lands to enforce rules or regulations adopted by 
the commission under section 6207, subsection 3 and to enforce all laws of the State 
within the Houlton Band Trust Land over which the State has exclusive or concurrent 
jurisdiction under section 6209-C.
3.  Agreements for cooperation and mutual aid.  The Houlton Band of Maliseet 
Indians and any state, county or local law enforcement agency may enter into agreements 
for cooperation and mutual aid.
4.  Powers, duties and training requirements.  Law enforcement 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 experience with the exercise of law 
enforcement authority under this section.  The report must include observations and 
comments from the state and county law enforcement agencies providing law 
enforcement services in Aroostook County and from the Houlton Police Department.
Sec. 10.  30 MRSA §6207, as amended by PL 1997, c. 739, §12 and affected by 
§§13 and 14, is further amended to read:
§6207.  Regulation of fish fishing and wildlife resources hunting
1.  Adoption of ordinances by tribe.  Subject to the limitations of subsection 6, the 
Passamaquoddy Tribe and the Penobscot Nation each shall have exclusive authority 
within their respective Indian territories to promulgate and enact ordinances regulating:
A.  Hunting, trapping or other taking of wildlife; and
B.  Taking of fish on any pond in which all the shoreline and all submerged lands are 
wholly within Indian territory and which is less than 10 acres in surface area.
Such ordinances shall be equally applicable, on a nondiscriminatory basis, to all persons 
regardless of whether such person is a member of the respective tribe or nation provided, 
however, that subject to the limitations of subsection 6, such ordinances may include 
special provisions for the sustenance of the individual members of the Passamaquoddy 
Tribe or the Penobscot Nation. In addition to the authority provided by this subsection, 
the Passamaquoddy Tribe and the Penobscot Nation, subject to the limitations of 
subsection 6, may exercise within their respective Indian territories all the rights incident 
to ownership of land under the laws of the State.
1-A.  Jurisdiction of tribes.  Except as otherwise specified in subsections 2-A and 3, 
the State recognizes the exclusive jurisdiction the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians have under federal Indian law to 
regulate fishing and hunting on their respective tribal lands by:
A.  Tribal citizens of any federally recognized Indian tribes; and
B.  Nontribal citizens.
2.  Registration stations. The Passamaquoddy Tribe and the Penobscot Nation shall 
establish and maintain registration stations for the purpose of registering bear, moose, 
deer and other wildlife killed within their respective Indian territories and shall adopt 
ordinances requiring registration of such wildlife to the extent and in substantially the 
same manner as such wildlife are required to be registered under the laws of the State. 
These ordinances requiring registration shall be equally applicable to all persons without 
distinction based on tribal membership. The Passamaquoddy Tribe and the Penobscot 
Nation shall report the deer, moose, bear and other wildlife killed and registered within 
their respective Indian territories to the Commissioner of Inland Fisheries and Wildlife of 
the State at such times as the commissioner deems appropriate. The records of 
registration of the Passamaquoddy Tribe and the Penobscot Nation shall be available, at 
all times, for inspection and examination by the commissioner.
2-A.  Regulation by State solely for conservation purposes.  Solely for 
conservation purposes, the State has jurisdiction with respect to the regulation of fishing 
and hunting by Indians off tribal lands to the extent permitted under federal Indian law 
and in a manner consistent with reserved tribal treaty rights.
3.  Adoption of regulations by the commission.  Subject to the limitations of 
subsection 6, the The commission shall have has exclusive authority to promulgate adopt 
fishing rules or regulations on for:
A.  Any pond 50% or more of the linear shoreline of which is within tribal lands, 
other than those specified in subsection 1, paragraph B, 50% or more of the linear 
shoreline of which is within Indian territory ponds in which all the shoreline and all 
submerged lands are wholly within tribal lands and that are less than 10 acres in 
surface area;
B.  Any section of a river or stream both sides of which are within Indian territory 
tribal lands; and
C.  Any section of a river or stream one side of which is within Indian territory tribal 
lands for a continuous length of 1/2 mile or more.
In promulgating adopting such rules or regulations the commission shall consider and 
balance the need to preserve and protect existing and future sport and commercial 
fisheries, the historical non-Indian fishing interests, the needs or desires of the tribes to 
establish fishery practices for the sustenance of the tribes or to contribute to the economic 
independence of the tribes, the traditional fishing techniques employed by and ceremonial 
practices of Indians in Maine and the ecological interrelationship between the fishery 
regulated by the commission and other fisheries throughout the State. Such regulation 
may include without limitation provisions on the method, manner, bag and size limits and 
season for fishing. 
Said The rules or regulations shall must be equally applicable on a nondiscriminatory 
basis to all persons regardless of whether such a person is a member of the 
Passamaquoddy Tribe or, the Penobscot Nation or the Houlton Band of Maliseet Indians.  
Rules and regulations promulgated adopted by the commission may include the 
imposition of fees and permits or license requirements on users of such waters other than 
members of the Passamaquoddy Tribe and, the Penobscot Nation or the Houlton Band of 
Maliseet Indians. In adopting rules or regulations pursuant to this subsection, the 
commission shall comply with the Maine Administrative Procedure Act. 
In order to provide an orderly transition of regulatory authority, all fishing laws and rules 
and regulations of the State shall remain applicable to all waters specified in this 
subsection until such time as the commission certifies to the commissioner Commissioner 
of Inland Fisheries and Wildlife that it has met and voted to adopt its own rules and 
regulations in substitution for such laws and rules and regulations of the State.
3-A.  Horsepower and use of motors.  Subject to the limitations of subsection 6, the 
commission has exclusive authority to adopt rules to regulate the horsepower and use of 
motors on waters less than 200 acres in surface area and entirely within Indian territory.
4.  Sustenance fishing within the Indian reservations tribal lands. 
Notwithstanding any rule or regulation promulgated adopted by the commission or any 
other law of the State, the members of the Passamaquoddy Tribe and, the Penobscot 
Nation and the Houlton Band of Maliseet Indians may take fish, within the boundaries of 
their respective Indian reservations tribal lands, for their individual sustenance subject to 
the limitations of subsection 6.
5.  Posting. Lands or waters subject to regulation by the commission, the 
Passamaquoddy Tribe or, the Penobscot Nation shall or the Houlton Band of Maliseet 
Indians must be conspicuously posted in such a manner as to provide reasonable notice to 
the public of the limitations on hunting, trapping, fishing or other use of such lands or 
waters. 
6.  Supervision by Commissioner of Inland Fisheries and Wildlife.  The 
Commissioner of Inland Fisheries and Wildlife, or his successor, shall be entitled to 
conduct fish and wildlife surveys within the Indian territories and on waters subject to the 
jurisdiction of the commission to the same extent as he is authorized to do so in other 
areas of the State. Before conducting any such survey the commissioner shall provide 
reasonable advance notice to the respective tribe or nation and afford it a reasonable 
opportunity to participate in such survey. If the commissioner, at any time, has reasonable 
grounds to believe that a tribal ordinance or commission regulation adopted under this 
section, or the absence of such a tribal ordinance or commission regulation, is adversely 
affecting or is likely to adversely affect the stock of any fish or wildlife on lands or 
waters outside the boundaries of land or waters subject to regulation by the commission, 
the Passamaquoddy Tribe or the Penobscot Nation, he shall inform the governing body of 
the tribe or nation or the commission, as is appropriate, of his opinion and attempt to 
develop appropriate remedial standards in consultation with the tribe or nation or the 
commission. If such efforts fail, he may call a public hearing to investigate the matter 
further. Any such hearing shall be conducted in a manner consistent with the laws of the 
State applicable to adjudicative hearings. If, after hearing, the commissioner determines 
that any such ordinance, rule or regulation, or the absence of an ordinance, rule or 
regulation, is causing, or there is a reasonable likelihood that it will cause, a significant 
depletion of fish or wildlife stocks on lands or waters outside the boundaries of lands or 
waters subject to regulation by the Passamaquoddy Tribe, the Penobscot Nation or the 
commission, he may adopt appropriate remedial measures including rescission of any 
such ordinance, rule or regulation and, in lieu thereof, order the enforcement of the 
generally applicable laws or regulations of the State. In adopting any remedial measures 
the commission shall utilize the least restrictive means possible to prevent a substantial 
diminution of the stocks in question and shall take into consideration the effect that non-
Indian practices on non-Indian lands or waters are having on such stocks. In no event 
shall such remedial measure be more restrictive than those which the commissioner could 
impose if the area in question was not within Indian territory or waters subject to 
commission regulation.
In any administrative proceeding under this section the burden of proof shall be on the 
commissioner. The decision of the commissioner may be appealed in the manner 
provided by the laws of the State for judicial review of administrative action and shall be 
sustained only if supported by substantial evidence.
7.  Transportation of game.  Fish lawfully taken within Indian territory tribal lands 
or in waters subject to commission regulation and wildlife lawfully taken within Indian 
territory tribal lands and registered pursuant to ordinances adopted by the Passamaquoddy 
Tribe and, the Penobscot Nation, and the Houlton Band of Maliseet Indians may be 
transported within the State. 
8.  Fish and wildlife on non-Indian nontribal lands. The commission shall 
undertake appropriate studies, consult with the Passamaquoddy Tribe and, the Penobscot 
Nation and the Houlton Band of Maliseet Indians and landowners and state officials, and 
make recommendations to the commissioner Commissioner of Inland Fisheries and 
Wildlife and the Legislature with respect to implementation of fish and wildlife 
management policies on non-Indian nontribal lands in order to protect fish and wildlife 
stocks on lands and water subject to regulation by the Passamaquoddy Tribe, the 
Penobscot Nation, the Houlton Band of Maliseet Indians or the commission. 
9.  Fish. As used in this section, the term "fish" means a cold blooded completely 
aquatic vertebrate animal having permanent fins, gills and an elongated streamlined body 
usually covered with scales and includes inland fish and anadromous and catadromous 
fish when in inland water. 
Sec. 11.  30 MRSA §6207-A is enacted to read:
§6207-A.  Land use and natural resources
The State recognizes the rights of the Passamaquoddy Tribe, the Penobscot Nation 
and the Houlton Band of Maliseet Indians to exercise regulation of natural resources and 
land use on their respective tribal lands to the extent provided in federal Indian law.
Sec. 12.  30 MRSA §6208, as amended by PL 2009, c. 384, Pt. A, §2 and affected 
by §4, is further amended to read:
§6208.  Taxation
1.  Settlement Fund income.  The Settlement Fund and any portion of such funds or 
income therefrom distributed to the Passamaquoddy Tribe or the Penobscot Nation or the 
members thereof shall be are exempt from taxation under the laws of the State.
2.  Property taxes. The Passamaquoddy Tribe and the Penobscot Nation shall make 
payments in lieu of taxes on all real and personal property within their respective Indian 
territory in an amount equal to that which would otherwise be imposed by a county, a 
district, the State, or other taxing authority on such real and personal property provided, 
however, that any real or personal property within Indian territory used by either tribe or 
nation predominantly for governmental purposes shall be exempt from taxation to the 
same extent that such real or personal property owned by a municipality is exempt under 
the laws of the State. The Houlton Band of Maliseet Indians shall make payments in lieu 
of taxes on Houlton Band Trust Land in an amount equal to that which would otherwise 
be imposed by a municipality, county, district, the State or other taxing authority on that 
land or natural resource. Any other real or personal property owned by or held in trust for 
any Indian, Indian Nation or tribe or band of Indians and not within Indian territory, shall 
be subject to levy and collection of real and personal property taxes by any and all taxing 
authorities, including but without limitation municipalities, except that such real and 
personal property owned by or held for the benefit of and used by the Passamaquoddy 
Tribe or the Penobscot Nation predominantly for governmental purposes shall be exempt 
from property taxation to the same extent that such real and personal property owned by a 
municipality is exempt under the laws of the State.
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 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 Maliseet 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 of Maliseet Indians provided in this section.
3.  Other taxes. The Passamaquoddy Tribe, the Penobscot Nation, the members 
thereof, and any other Indian, Indian Nation, or tribe or band of Indians shall be liable for 
payment of all other taxes and fees to the same extent as any other person or entity in the 
State. For purposes of this section either tribe or nation, when acting in its business 
capacity as distinguished from its governmental capacity, shall be deemed to be a 
business corporation organized under the laws of the State and shall be taxed as such.
4.  Exclusive jurisdiction; tribal members, tribal entities.  The State recognizes 
and adopts federal Indian law providing that the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians have exclusive jurisdiction to tax tribal 
members and tribal entities on their respective tribal lands, including entities owned by a 
tribe or tribal member.
5.  Not subject to state and local sales taxation.  The State recognizes and adopts 
federal Indian law providing that the Passamaquoddy Tribe, the Penobscot Nation, the 
Houlton Band of Maliseet Indians, their tribal members and their tribal entities are not 
subject to state or local sales taxation on tribal lands.
6.  Not subject to state income tax.  The State recognizes and adopts federal Indian 
law providing that the members of the Passamaquoddy Tribe, the Penobscot Nation and 
the Houlton Band of Maliseet Indians who live on the tribal lands of their respective tribe, 
nation or band are not subject to state tax for income earned on those tribal lands.
7.  Not subject to state and local real property tax.  The State recognizes and 
adopts federal Indian law providing that tribal lands are not subject to state and local real 
property tax.
8.  Concurrent jurisdiction to tax nontribal citizens.  The State recognizes and 
adopts federal Indian law providing for concurrent jurisdiction for the State, local 
governments and the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band 
of Maliseet Indians to tax nontribal citizens on Passamaquoddy Tribal Lands, Penobscot 
Tribal Lands or Houlton Band Tribal Lands.
Sec. 13.  30 MRSA §6208-A, as enacted by PL 1981, c. 675, §§7 and 8, is 
amended to read:
§6208-A.  Houlton Band Tax Fund
1.  Fund.  The satisfaction of tax obligations, described in section 6208, owed to a 
governmental entity by the Houlton Band of Maliseet Indians shall be is assured by a 
trust fund to be known as the Houlton Band Tax Fund.  The secretary shall administer the 
fund in accordance with reasonable and prudent trust management standards.  The initial 
principal of the fund shall must be not less than $100,000.  The principal shall must be 
formed with moneys money transferred from the Land Acquisition Fund established for 
the Houlton Band of Maliseet Indians pursuant to United States Public Law 96-420, 
Section 5, United States Code, Title 25, Section 1724.  Any interest earned by the 
Houlton Band Tax Fund shall must be added to the principal as it accrues, and that 
interest shall be is exempt from taxation.  The secretary shall maintain a permanent 
reserve of $25,000 at all times, and that reserve shall may not be made available for the 
payment of claims.  The interest earned by the reserved funds shall also be added to the 
principal available for the payment of obligations.
2.  Claims.  The secretary shall pay from the fund all valid claims for taxes, payments 
in lieu of property taxes and fees, together with any interest and penalties thereon, for 
which the Houlton Band of Maliseet Indians is liable pursuant to section 6208, provided 
that when such obligation is final and not subject to further direct administrative or 
judicial review under the laws of the State of Maine.  No payment of a valid claim may 
be satisfied with moneys money from the fund unless the secretary finds, as a result of his 
the secretary's own inquiry, that no other source of funds controlled by the secretary is 
available to satisfy the obligation.  The secretary shall adopt written procedures, 
consistent with this section, governing the filing and payment of claims after consultation 
with the Maine Commissioner of Finance and Administration Administrative and 
Financial Services and the Houlton Band of Maliseet Indians.
3.  Distributions.  If the unencumbered principal available for the payment of claims 
exceeds the sum of $100,000, the secretary shall, except for good cause shown, provide 
for the transfer of such excess principal to the Houlton Band of Maliseet Indians.  The 
secretary shall give 30 days' written notice to the Commissioner of Finance and 
Administration Administrative and Financial Services of a proposed transfer of excess 
principal to the Houlton Band of Maliseet Indians.  Any distribution of excess principal to 
the Houlton Band of Maliseet Indians shall be is exempt from taxation.
4.  Other remedies.  The existence of the Houlton Band Tax Fund as a source for the 
payment of Houlton Band of Maliseet Indians' obligations shall does not abrogate any 
other remedy available to a governmental entity for the collection of taxes, payments in 
lieu of taxes and fees, together with any interest or penalty thereon.
Sec. 14.  30 MRSA §6209-A, as amended by PL 2009, c. 384, Pt. E, §1 and 
affected by §3, is further amended to read:
§6209-A.  Jurisdiction of the Passamaquoddy Tribal Court
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 and civil violations for which the maximum potential term of 
imprisonment is less than imposed does not exceed one year and the maximum 
potential fine imposed does not exceed $5,000 and that are committed on the Indian 
reservation of the Passamaquoddy Tribe Tribal Lands by a member of the 
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation 
any federally recognized Indian tribe, nation, band or other group, 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 any federally recognized 
Indian tribe, nation, band or other group 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 any federally recognized Indian tribe, nation, band or other 
group;
A-1.  Criminal offenses for which the maximum term of imprisonment imposed does 
not exceed 3 years and the maximum fine imposed does not exceed $15,000 that are 
committed on Passamaquoddy Tribal Lands 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.  This paragraph applies only if 
the due process protections required under 25 United States Code, Section 1302(c) 
are observed and either the defendant has previously been convicted of a comparable 
offense within any jurisdiction in the United States or the crime would be punishable 
by more than one year of imprisonment under any state or federal law.  The 
maximum total penalty that may be imposed in a single criminal proceeding is 9 
years imprisonment;
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, or A-1 and juvenile crimes, as defined in Title 15, section 3103, 
subsection 1, paragraphs B and C, by the Passamaquoddy Tribe under subsection 2, 
that would not be crimes if committed by a person who is at least 18 years of age that 
are committed by a juvenile member of the Passamaquoddy Tribe, the Houlton Band 
of Maliseet Indians or the Penobscot Nation on the reservation of a 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 on the Passamaquoddy Tribe Tribal Lands;
C.  Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of 
Maliseet Indians or the Penobscot Nation, including domestic relations matters, 
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 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 the Passamaquoddy Tribe, the Houlton Band 
of Maliseet Indians or the Penobscot Nation Tribal Lands to the extent permitted 
under federal Indian law; and
D.  Indian child custody proceedings to the extent authorized by applicable federal 
Indian law; and.
E.  Other domestic relations matters, including marriage, divorce and support, 
between members of 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, or 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.
1-A.  Concurrent jurisdiction over certain criminal and juvenile matters.  The 
Passamaquoddy Tribe has the right to exercise concurrent jurisdiction with the State over:
A.  Criminal offenses and civil violations for which the maximum term of 
imprisonment imposed does not exceed one year and the maximum fine imposed 
does not exceed $5,000 that are committed on Passamaquoddy Tribal Lands by a 
member of any federally recognized Indian tribe, nation, band or other group 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.  Criminal offenses and civil violations for which the maximum term of 
imprisonment imposed does not exceed 3 years and the maximum fine imposed does 
not exceed $15,000 that are committed on Passamaquoddy Tribal Lands by a member 
of any federally recognized Indian tribe, nation, band or other group 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.  This paragraph applies only if 
the due process protections required under 25 United States Code, Section 1302(c) 
are observed and either the defendant has previously been convicted of a comparable 
offense within any jurisdiction of the United States or the crime would be punishable 
by more than one year of imprisonment under any state or federal law.  The 
maximum total penalty that may be imposed in a single criminal proceeding is 9 
years imprisonment; and
C.  Juvenile crimes involving conduct that, if committed by an adult, would fall 
within the exclusive jurisdiction of the Passamaquoddy Tribe under paragraph A or B 
and juvenile crimes, as defined by the Passamaquoddy Tribe under subsection 2, that 
would not be crimes if committed by a person who is at least 18 years of age that are 
committed by a juvenile member of a federally recognized Indian tribe, nation, band 
or other group against a person who is not a member of any federally recognized 
Indian tribe, nation, band or other group on Passamaquoddy Tribal Lands.
The governing body of the Passamaquoddy Tribe shall decide whether to exercise or 
terminate the exercise of the concurrent jurisdiction authorized by this subsection.  If the 
Passamaquoddy Tribe chooses not to exercise, or chooses to terminate its exercise of, 
concurrent jurisdiction over the criminal or juvenile matters described in this subsection, 
the State has exclusive jurisdiction over those matters.
1-B.  Exclusive jurisdiction of the State.  Except as provided in subsections 1 and 
1-A, all laws of the State relating to criminal offenses and juvenile crimes apply within 
Passamaquoddy Tribal Lands, 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 Passamaquoddy Tribe is deemed to be 
enforcing Passamaquoddy tribal law.  The definitions of the criminal offenses and 
juvenile crimes and the punishments applicable to those criminal offenses and juvenile 
crimes over which the Passamaquoddy Tribe 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 Passamaquoddy Tribe has authority to define 
all crimes, civil violations and juvenile offenses committed on Passamaquoddy Tribal 
Lands over which the Passamaquoddy Tribe has exclusive or concurrent jurisdiction 
under subsection 1 or 1-A. 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 or regulations generally applicable to the exercise of criminal jurisdiction 
by Indian tribes on federal Indian reservations.
The definitions of the criminal offenses and juvenile crimes and the punishments 
applicable to those criminal offenses and juvenile crimes over which the State has 
exclusive or concurrent 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.
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 concurrent jurisdiction 
of the Passamaquoddy Tribe 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 of the State.
4.  Double jeopardy, collateral estoppel.  A prosecution for a criminal offense or 
juvenile crime over which the Passamaquoddy Tribe has exclusive or concurrent 
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 or concurrent 
jurisdiction. A prosecution for a criminal offense or juvenile crime over which the State 
has exclusive or concurrent jurisdiction does not bar a prosecution for a criminal offense 
or juvenile crime, arising out of the same conduct, over which the Passamaquoddy Tribe 
has exclusive or concurrent jurisdiction under this section.  The determination of an issue 
of fact in a criminal or juvenile proceeding conducted in a Passamaquoddy 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 Passamaquoddy tribal forum.
5.  Future Indian communities. Any 25 or more adult members of the 
Passamaquoddy Tribe residing within their Indian territory and in reasonable proximity to 
each other may petition the commission for designation as an extended reservation.  If the 
commission determines, after investigation, that the petitioning Passamaquoddy tribal 
members constitute an extended reservation, the commission shall establish the 
boundaries of the extended reservation and recommend to the Legislature that, subject to 
the approval of the governing body of the Passamaquoddy Tribe, it amend this Act to 
extend the jurisdiction of the Passamaquoddy Tribe to the extended reservation.  The 
boundaries of an extended reservation may not exceed those reasonably necessary to 
encompass the petitioning Passamaquoddy tribal members.
Sec. 15.  30 MRSA §6209-B, as corrected by RR 2009, c. 1, §19, is further 
amended to read:
§6209-B.  Jurisdiction of the Penobscot Nation Tribal Court
1.  Exclusive jurisdiction over certain matters.  Except as provided in subsections 
and 4, the Penobscot Nation has the right to exercise exclusive jurisdiction, separate and 
distinct from the State, over:
A.  Criminal offenses and civil violations for which the maximum potential term of 
imprisonment imposed does not exceed one year and the maximum potential fine 
imposed does not exceed $5,000 and that are committed on the Indian reservation of 
the Penobscot Nation Tribal Lands 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;
A-1.  Criminal offenses for which the maximum term of imprisonment imposed does 
not exceed 3 years and the maximum fine imposed does not exceed $15,000 that are 
committed on Penobscot Tribal Lands 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.  This paragraph applies only if 
the due process protections required under 25 United States Code, Section 1302(c) 
are observed and either the defendant has previously been convicted of a comparable 
offense within any jurisdiction in the United States or the crime would be punishable 
by more than one year of imprisonment under any state or federal law.  The 
maximum total penalty that may be imposed in a single criminal proceeding is 9 
years imprisonment;
B.  Juvenile crimes against a person or property involving conduct that, if committed 
by an adult, would fall within the exclusive jurisdiction of the Penobscot Nation 
under paragraph A, or A-1 and juvenile crimes, as defined in Title 15, section 3103, 
subsection 1, paragraphs B and C, by the Penobscot Nation under subsection 2, that 
would not be crimes if committed by a person who is at least 18 years of age that are 
committed by a juvenile member of either the Passamaquoddy Tribe or the Penobscot 
Nation on the Indian reservation of the a 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 on Penobscot 
Nation Tribal Lands;
C.  Civil actions between members of either the Passamaquoddy Tribe or the 
Penobscot Nation, including domestic relations matters, arising on the Indian 
reservation of the Penobscot Nation and cognizable as small claims under the laws of 
the State, and civil actions against a member of either the Passamaquoddy Tribe or 
the Penobscot Nation under Title 22, section 2383 involving conduct on the Indian 
reservation of the Penobscot Nation by a member of either the Passamaquoddy Tribe 
or the Penobscot Nation Tribal Lands to the extent permitted under federal Indian 
law; and
D.  Indian child custody proceedings to the extent authorized by applicable federal 
Indian law; and.
E.  Other domestic relations matters, including marriage, divorce and support, 
between members of either the Passamaquoddy Tribe or the Penobscot Nation, both 
of whom reside on the Indian reservation of the Penobscot Nation.
The governing body of the Penobscot Nation shall decide whether to exercise or 
terminate the exercise of the exclusive jurisdiction authorized by this subsection.  If the 
Penobscot Nation chooses not to exercise, or chooses to terminate its exercise of, 
jurisdiction over the criminal, juvenile, or 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 Penobscot Indian reservation and the State has exclusive jurisdiction 
over those offenses and crimes.
1-A.  Concurrent jurisdiction over certain criminal and juvenile matters.  The 
Penobscot Nation has the right to exercise concurrent jurisdiction with the State over:
A.  Criminal offenses and civil violations for which the maximum term of 
imprisonment imposed does not exceed one year and the maximum fine imposed 
does not exceed $5,000 that are committed on Penobscot Tribal Lands by a member 
of any federally recognized Indian tribe, nation, band or other group 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.  Criminal offenses and civil violations for which the maximum term of 
imprisonment imposed does not exceed 3 years and the maximum fine imposed does 
not exceed $15,000 that are committed on Penobscot Tribal Lands by a member of 
any federally recognized Indian tribe, nation, band or other group 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.  This paragraph applies only if 
the due process protections required under 25 United States Code, Section 1302(c) 
are observed and either the defendant has previously been convicted of a comparable 
offense within any jurisdiction of the United States or the crime would be punishable 
by more than one year of imprisonment under any state or federal law.  The 
maximum total penalty that may be imposed in a single criminal proceeding is 9 
years imprisonment; and
C.  Juvenile crimes involving conduct that, if committed by an adult, would fall 
within the exclusive jurisdiction of the Penobscot Nation under paragraph A or B and 
juvenile crimes, as defined by the Penobscot Nation under subsection 2, that would 
not be crimes if committed by a person who is at least 18 years of age that are 
committed by a juvenile member of a federally recognized Indian tribe, nation, band 
or other group against a person who is not a member of any federally recognized 
Indian tribe, nation, band or other group on Penobscot Tribal Lands.
The governing body of the Penobscot Nation shall decide whether to exercise or 
terminate the exercise of the concurrent jurisdiction authorized by this subsection.  If the 
Penobscot Nation chooses not to exercise, or chooses to terminate its exercise of, 
concurrent jurisdiction over the criminal or juvenile matters described in this subsection, 
the State has exclusive jurisdiction over those matters.
1-B.  Exclusive jurisdiction of the State.  Except as provided in subsections 1 and 
1-A, all laws of the State relating to criminal offenses and juvenile crimes apply within 
Penobscot Tribal Lands, 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 Penobscot Nation is deemed to be enforcing 
Penobscot tribal law.  The definitions of the criminal offenses and juvenile crimes and the 
punishments applicable to those criminal offenses and juvenile crimes over which the 
Penobscot Nation 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 Penobscot Nation has authority to define all crimes, civil violations and 
juvenile offenses committed on Penobscot Tribal Lands over which the Penobscot Nation 
has exclusive or concurrent jurisdiction under subsection 1 or 1-A.  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 or regulations generally applicable 
to the exercise of criminal jurisdiction by Indian tribes on federal Indian reservations.
The definitions of the criminal offenses and juvenile crimes and the punishments 
applicable to those criminal offenses and juvenile crimes over which the State has 
exclusive or concurrent 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.
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 concurrent jurisdiction 
of the Penobscot Nation 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 of the State.
4.  Double jeopardy, collateral estoppel.  A prosecution for a criminal offense or 
juvenile crime over which the Penobscot Nation has exclusive or concurrent 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 or concurrent 
jurisdiction. A prosecution for a criminal offense or juvenile crime over which the State 
has exclusive or concurrent jurisdiction does not bar a prosecution for a criminal offense 
or juvenile crime, arising out of the same conduct, over which the Penobscot Nation has 
exclusive or concurrent 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.  Future Indian communities. Any 25 or more adult members of the Penobscot 
Nation residing within their Indian territory and in reasonable proximity to each other 
may petition the commission for designation as an extended reservation. If the 
commission determines, after investigation, that the petitioning tribal members constitute 
an extended reservation, the commission shall establish the boundaries of the extended 
reservation and recommend to the Legislature that, subject to the approval of the 
governing body of the Penobscot Nation, it amend this Act to extend the jurisdiction of 
the Penobscot Nation to the extended reservation. The boundaries of an extended 
reservation may not exceed those reasonably necessary to encompass the petitioning 
tribal members.
Sec. 16.  30 MRSA §6209-C, as corrected by RR 2011, c. 1, §45, is further 
amended to read:
§6209-C.  Jurisdiction of the Houlton Band of Maliseet Indians Tribal 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 and civil violations for which the maximum potential term of 
imprisonment imposed does not exceed one year and the maximum potential fine 
imposed does not exceed $5,000 and that are committed on the Houlton Band 
Jurisdiction Land Tribal Lands by a member of the Houlton Band of Maliseet Indians 
any federally recognized Indian tribe, nation, band or other group, except when 
committed against a person who is not a member of the Houlton Band of Maliseet 
Indians any federally recognized Indian tribe, nation, band or other group or against 
the property of a person who is not a member of the Houlton Band of Maliseet 
Indians any federally recognized Indian tribe, nation, band or other group;
A-1.  Criminal offenses for which the maximum term of imprisonment imposed does 
not exceed 3 years and the maximum fine imposed does not exceed $15,000 that are 
committed on Houlton Band Tribal Lands 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.  This paragraph applies only if 
the due process protections required under 25 United States Code, Section 1302(c) 
are observed and either the defendant has previously been convicted of a comparable 
offense within any jurisdiction in the United States or the crime would be punishable 
by more than one year of imprisonment under any state or federal law.  The 
maximum total penalty that may be imposed in a single criminal proceeding is 9 
years imprisonment;
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 or A-1 and juvenile crimes, as defined in Title 
15, section 3103, subsection 1, paragraphs B and C, by the Houlton Band of Maliseet 
Indians under subsection 2, that would not be crimes if committed by a person who is 
at least 18 years of age that are committed by a juvenile member of the Houlton Band 
of Maliseet Indians a 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 on the Houlton Band Jurisdiction 
Land Tribal Lands;
C.  Civil actions between members of the Houlton Band of Maliseet Indians, 
including domestic relations matters, 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 Tribal Lands to the extent permitted under federal 
Indian law; and
D.  Indian child custody proceedings to the extent authorized by applicable federal 
Indian 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 
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 
over the criminal, juvenile or civil matters described in this subsection, the State has 
exclusive jurisdiction over those matters until the Houlton Band of Maliseet 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.
1-A.  Exclusive jurisdiction over Penobscot Nation 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 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 B and 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.
1-B.  Exclusive jurisdiction 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 of the 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 B and 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 
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.
1-C.  Concurrent jurisdiction over certain criminal and juvenile matters.  The 
Houlton Band of Maliseet Indians has the right to exercise concurrent jurisdiction with 
the State over:
A.  Criminal offenses and civil violations for which the maximum term of 
imprisonment imposed does not exceed one year and the maximum fine imposed 
does not exceed $5,000 that are committed on Houlton Band Tribal Lands by a 
member of any federally recognized Indian tribe, nation, band or other group 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.  Criminal offenses and civil violations for which the maximum term of 
imprisonment imposed does not exceed 3 years and the maximum fine imposed does 
not exceed $15,000, and that are committed on Houlton Band Tribal Lands by a 
member of any federally recognized Indian tribe, nation, band or other group, 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.  This 
paragraph applies only if the due process protections required under 25 United States 
Code, Section 1302(c) are observed and either the defendant has previously been 
convicted of a comparable offense within any jurisdiction of the United States or the 
crime would be punishable by more than one year of imprisonment under any state or 
federal law.  The maximum total penalty that may be imposed in a single criminal 
proceeding is 9 years imprisonment; and
C.  Juvenile crimes involving conduct that, if committed by an adult, would fall 
within the exclusive jurisdiction of the Houlton Band of Maliseet Indians under 
paragraph A or B and juvenile crimes, as defined by the Houlton Band of Maliseet 
Indians under subsection 2, that would not be crimes if committed by a person who is 
at least 18 years of age that are committed by a juvenile member of a federally 
recognized Indian tribe, nation, band or other group against a person who is not a 
member of any federally recognized Indian tribe, nation, band or other group on 
Houlton Band Tribal Lands.
The governing body of the Houlton Band of Maliseet Indians shall decide whether to 
exercise or terminate the exercise of the concurrent jurisdiction authorized by this 
subsection.  If the Houlton Band of Maliseet Indians chooses not to exercise, or chooses 
to terminate its exercise of, concurrent jurisdiction over the criminal or juvenile matters 
described in this subsection, the State has exclusive jurisdiction over those matters.
1-D.  Exclusive jurisdiction of the State.  Except as provided in subsections 1 and 
1-C, all laws of the State relating to criminal offenses and juvenile crimes apply within 
Houlton Band Tribal Lands, 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 Houlton 
Band of Maliseet Indians has authority to define all crimes, civil violations and juvenile 
offenses committed on Houlton Band Tribal Lands over which the Houlton Band of 
Maliseet Indians has exclusive or concurrent jurisdiction under subsection 1 or 1-C. 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.
The definitions of the criminal offenses and juvenile crimes and the punishments 
applicable to those criminal offenses and juvenile crimes over which the State has 
exclusive or concurrent 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.
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 concurrent 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 of the 
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 or 
concurrent 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 or 
concurrent jurisdiction. A prosecution for a criminal offense or juvenile crime over which 
the State has exclusive or concurrent 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 or concurrent 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.  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 from 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. 17.  30 MRSA §6209-D, as enacted by PL 2009, c. 384, Pt. C, §1 and 
affected by §2, is amended to read:
§6209-D.  Full faith and credit
The Passamaquoddy Tribe, the Penobscot Nation and the State shall give full faith 
and credit to the judicial proceedings of the Houlton Band of Maliseet Indians.
The Passamaquoddy Tribe, the Penobscot Nation and 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.
The Penobscot Nation, the Houlton Band of Maliseet Indians and the State shall give 
full faith and credit to the judicial proceedings of the Passamaquoddy Tribe.
The Passamaquoddy Tribe, the Houlton Band of Maliseet Indians and the State shall 
give full faith and credit to the judicial proceedings of the Penobscot Nation.
Sec. 18.  30 MRSA §6210, as amended by PL 1995, c. 388, §7 and affected by §8, 
is further amended to read:
§6210.  Law enforcement on Indian reservations and within Indian territory 
Passamaquoddy Tribal Lands and Penobscot Tribal Lands
1.  Exclusive authority of tribal law enforcement officers.  Law enforcement 
officers appointed by the Passamaquoddy Tribe and the Penobscot Nation have exclusive 
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 tribal lands, the criminal, juvenile, civil and domestic relations laws over 
which the Passamaquoddy Tribe or the Penobscot Nation have jurisdiction under section 
6209-A, subsection subsections 1 and 1-A and section 6209-B, subsection subsections 1, 
and 1-A respectively.
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 tribal lands and state and county law 
enforcement officers have the authority within both Indian territories tribal lands to 
enforce rules or regulations adopted by the commission under section 6207, subsection 3 
and to enforce all laws of the State other than those over which the Passamaquoddy Tribe 
or the Penobscot Nation the State has exclusive or concurrent jurisdiction under section 
sections 6209-A, subsection 1 and section 6209-B, subsection 1, respectively.
3.  Agreements for cooperation and mutual aid.  This section does not prevent the 
Passamaquoddy Tribe or the Penobscot Nation 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. 19.  30 MRSA §6211, sub-§1, as amended by PL 2009, c. 384, Pt. A, §3 and 
affected by §4, is further amended to read:
1.  Eligibility generally.  The Passamaquoddy Tribe, the Penobscot Nation and the 
Houlton Band of Maliseet Indians are eligible for participation and entitled to receive 
benefits from the State under any state program that provides financial assistance to all 
municipalities as a matter of right.  Such entitlement 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 the Passamaquoddy Tribe, the Penobscot Nation or the Houlton 
Band of Maliseet Indians may be raised through any source of revenue available to the 
respective tribe, nation or band, including but without limitation taxation to the extent 
authorized within its respective Indian territory tribal lands.  In the event that any 
applicable formula regarding distribution of money employs a factor for the municipal 
real property tax rate, and in the absence of such tax within the Indian territory tribal 
lands, the formula applicable to such Indian territory tribal lands 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 money employs a factor representing municipal valuation, the valuation 
applicable to such Indian territory the tribal lands must be determined by the State Tax 
Assessor in the manner generally provided by the laws of the State as long as property 
owned by or held in trust for a tribe, nation or band and used for governmental purposes 
is treated for purposes of valuation as like property owned by a municipality.
Sec. 20.  30 MRSA §6211, sub-§4, as amended by PL 2009, c. 384, Pt. A, §3 and 
affected by §4, is further amended to read:
4.  Eligibility of individuals for state funds.  Residents of the Indian territories or 
Houlton Band Trust Land tribal lands 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 in the State as long as in computing the extent to which any person is 
entitled to receive any such funds any 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 is deducted in 
computing any payment to be made by the State.
Sec. 21.  30 MRSA §6213, as enacted by PL 1979, c. 732, §§1 and 31, is amended 
to read:
§6213.  Approval of prior transfers
1.  Approval of tribal transfers.  Any transfer of land or other natural resources 
located anywhere within the State, from, by, or on behalf of any Indian nation, or tribe or 
band of Indians, including but without limitation any transfer pursuant to any treaty, 
compact or statute of any state, which transfer that occurred prior to the effective date of 
this Act October 10, 1980, shall be is deemed to have been made in accordance with the 
laws of the State.
2.  Approval of certain individual transfers.  Any transfer of land or other natural 
resources located anywhere within the State, from, by or on behalf of any individual 
Indian, which that occurred prior to December 1, 1873, including but without limitation 
any transfer pursuant to any treaty, compact or statute of any state, shall be is deemed to 
have been made in accordance with the laws of the State.
Sec. 22.  30 MRSA §6214, as enacted by PL 1979, c. 732, §§1 and 31, is amended 
to read:
§6214.  Tribal school committees
The Passamaquoddy Tribe and, the Penobscot Nation and the Houlton Band of 
Maliseet Indians are authorized to create respective tribal school committees, in 
substitution for the committees heretofore provided for under the laws of the State. Such 
tribal school committees shall operate under the laws of the State applicable to school 
administrative units. The presently constituted tribal school committee of the respective 
tribe or nation shall continue Passamaquoddy Tribe or Penobscot Nation constituted on 
October 10, 1980, continues in existence and shall exercise all the authority heretofore 
vested by law in it until such time as the respective tribe or nation creates the tribal school 
committee authorized by this section.
Sec. 23.  30 MRSA §6215 is enacted to read:
§6215.  Civil legislative jurisdiction
The Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians have exclusive authority to exercise civil legislative jurisdiction within their 
respective tribal lands over members of any federally recognized Indian tribe, nation, 
band or other group as well as any person who is not a member of any federally 
recognized Indian tribe, nation, band or other group.
The governing body of the Passamaquoddy Tribe, the Penobscot Nation and the 
Houlton Band of Maliseet Indians, respectively, shall decide whether to exercise or 
terminate the exercise of the exclusive jurisdiction authorized by this section.  If the 
governing body of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band 
of Maliseet Indians chooses not to exercise, or chooses to terminate its exercise of, 
exclusive jurisdiction over the civil legislative matters described in this section, the State 
has exclusive jurisdiction over those matters.
Sec. 24.  30 MRSA §6216 is enacted to read:
§6216.  Federal laws apply; do not affect or preempt the laws of this State
Except for laws that conflict with the criminal and juvenile jurisdiction described in 
this chapter:
1.  Federal laws apply.  For the purposes of United States Public Law 96-420, 
Section 6(h), any law or regulation of the United States that accords a special status or 
right to, or relates to a special status or right of, any Indian, Indian nation, tribe or band of 
Indians, Indian lands, Indian reservations, Indian country, Indian territory or land held in 
trust for Indians applies to the Passamaquoddy Tribe, the Penobscot Nation and the 
Houlton Band of Maliseet Indians and their members and is deemed not to affect or 
preempt the civil, criminal or regulatory jurisdiction of this State, including, without 
limitation, laws of this State relating to land use or environmental matters; and
2.  Federal laws enacted after October 10, 1980.  For the purposes of United States 
Public Law 96-420, Section 16(b), the provisions of any federal law enacted after 
October 10, 1980 for the benefit of Indians, Indian nations or tribes or bands of Indians 
apply to the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians and their members and is deemed not to affect or preempt the 
application of the laws of this State, including application of the laws of this State to 
lands owned by or held in trust for Indians or Indian nations, tribes or bands of Indians, 
regardless of whether such federal law is specifically made applicable within this State.
Sec. 25.  Contingent effective date.  This Act takes effect 120 days after 
adjournment of the Second Regular Session of the 129th Legislature only if, within 90 
days after the adjournment of the Second Regular Session of the 129th Legislature, the 
Secretary of State receives written certification from:  the Joint Tribal Council of the 
Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act; the Governor 
and the Council of the Penobscot Nation that the nation has agreed to the provisions of 
this Act; and the Houlton Band Council of the Houlton Band of Maliseet Indians that the 
band has agreed to the provisions of this Act, 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
This bill implements the consensus recommendations of the Task Force on Changes 
to the Maine Indian Claims Settlement Implementing Act, referred to in this summary as 
"the task force."  The report was released on January 14, 2020 and is available online at 
http://legislature.maine.gov/maine-indian-claims-tf.
This bill does not address the relationship between the State and the Aroostook Band 
of Micmacs because that issue was specifically set aside by the task force.
In this summary, the Maine Revised Statutes, Title 30, chapter 601, which is titled An 
Act to Implement the Maine Indian Claims Settlement, enacted by Public Law 1979, 
chapter 732, is referred to as the "Maine Implementing Act "and the federal Maine Indian 
Claims Settlement Act of 1980, Public Law 96-420, formerly codified at 25 United States 
Code, Sections 1721 to 1735, is referred to as "the Settlement Act."  The federal 
Settlement Act ratified the Maine Implementing Act, and both have an effective date of 
October 10, 1980.
The task force voted, in Consensus Recommendation #1, to establish an enhanced 
process for tribal-state collaboration and consultation as well as a process for alternative 
dispute resolution, but left the contours of those processes to be developed by 
stakeholders.  The bill therefore does not contain language implementing this 
recommendation, but the task force anticipated that language putting the recommendation 
into effect would be developed during the legislative process and would be added by 
amendment or in additional legislation.
The Settlement Act, in Section 6(e)(1), provides federal consent for the State and the 
Passamaquoddy Tribe and the Penobscot Nation to agree to amend the Maine 
Implementing Act with respect to the enforcement or application of civil, criminal or 
regulatory laws of the tribes and the State within their respective jurisdictions, the 
allocation or determination of governmental responsibility of the State and the tribe or 
nation over specified subject matters or specified geographical areas, or both, including 
provisions for concurrent jurisdiction between the State and the tribe or nation, and the 
allocation of jurisdiction between tribal courts and state courts.  The federal law also 
provides, in Section 6(e)(2), federal consent for the State and the Houlton Band of 
Maliseet Indians to execute agreements regarding the jurisdiction of the State over lands 
owned by or held in trust for the benefit of the band or its members.  The task force, 
whose members represented the Passamaquoddy Tribe, the Penobscot Nation, the 
Houlton Band of Maliseet Indians, the Aroostook Band of Micmacs and the State, 
exercised the opportunity offered in the Settlement Act to reconsider the relationship 
between the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet 
Indians and the State.  The statutory changes contained in this bill are the result of a 
collaborative effort to determine how best to focus efforts to develop mutually beneficial 
solutions that allow all of the State's citizenry, including its tribal citizenry, to prosper and 
progress.
The purpose of the reconsideration and rewriting of the Maine Implementing Act is to 
establish that the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians enjoy the rights, privileges, powers, duties and immunities similar to 
those of other federally recognized Indian tribes within the United States.  This is a 
significant change from the current law, which provides the State with significant 
authority over Indian affairs.  To carry out this significant change, many provisions of 
chapter 601 are repealed or amended to recognize that federal Indian law governs the 
rights, privileges, powers, duties and immunities of the tribe, nation and band.
Under the bill, except as otherwise specified in the Maine Implementing Act, federal 
Indian law applies with regard to the rights, privileges, powers, duties and immunities of 
the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians.  "Federal Indian law" is the body of law that applies to almost all federally 
recognized Indian tribes, nations, bands or other groups in the United States and describes 
their relationship with the Federal Government and the states.  Federal Indian law is 
defined in this bill as the United States Constitution and all federal statutes and 
regulations and subsequent amendments thereto or judicial interpretations thereof, 
relating to the rights, privileges, powers, duties and immunities of federally recognized 
Indian tribes within the United States, except those federally recognized Indian tribes 
subject to United States Public Law 83-280 or a specific treaty or settlement act.  This 
definition explicitly recognizes that federal Indian law is not static, but evolves as federal 
laws are passed and amended and as federal courts interpret the relevant statutes and 
regulations and their application to federally recognized Indian tribes, nations, bands and 
other groups.  Federal Indian law addresses myriad subjects, including criminal 
adjudicatory and legislative jurisdiction, civil adjudicatory and legislative jurisdiction, 
taxation, the right to sue and be sued, hunting and fishing rights, regulation of natural 
resources and land use, gaming and many other topics.
This bill newly defines the term "tribal lands" to describe the lands of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
over which the tribes may exert jurisdiction as described in Consensus Recommendation 
#2.  Passamaquoddy Tribal Lands consist of the lands designated as Passamaquoddy 
reservation lands as well as all lands held in trust for the Passamaquoddy Tribe by the 
United States Secretary of the Interior.  Penobscot Tribal Lands include the Penobscot 
reservation and all lands held in trust for the Penobscot Nation by the United States 
Secretary of the Interior.  Houlton Band Tribal Lands include all lands held in trust by the 
United States Secretary of the Interior for the Houlton Band of Maliseet Indians.  In 
addition, for each tribe, nation and band, tribal lands include land that, after the effective 
date of this legislation, is acquired and held in trust by the United States Secretary of the 
Interior for the respective tribe, nation or band.
The Maine Implementing Act currently limits the criminal jurisdiction of the 
Passamaquoddy Tribal Court and the Penobscot Nation Tribal Court as well as the 
potential criminal jurisdiction of the Houlton Band of Maliseet Indians Tribal Court.  
Federal Indian law provides broader jurisdiction for tribal courts.  This bill repeals most 
of the state limitations and recognizes and adopts most of federal Indian law, including 
the Indian Civil Rights Act of 1968, the Tribal Law and Order Act of 2010 and other 
federal laws addressing tribal court jurisdiction and the obligations of the tribal courts.  
This bill amends the Maine Implementing Act to make equal the exclusive criminal 
jurisdiction of the Passamaquoddy Tribal Court and the Houlton Band of Maliseet Indians 
Tribal Court with the exclusive criminal jurisdiction of the Penobscot Nation Tribal Court 
over offenses committed by Indian defendants against Indian victims or for which there is 
no victim.  This bill further amends the Maine Implementing Act to recognize the 
criminal jurisdiction of the Passamaquoddy Tribal Court, the Penobscot Nation Tribal 
Court and the Houlton Band Tribal Court to impose the maximum penalties other tribal 
courts are authorized to impose under the federal Tribal Law and Order Act of 2010, as 
long as the due process protections required by that Act are observed.  This bill does not 
include the provisions regarding tribal court concurrent jurisdiction over criminal 
offenses committed by non-Indian defendants against Indian victims authorized under the 
Federal Violence Against Women Reauthorization Act of 2013 because this jurisdiction 
is addressed in the 129th Legislature's L.D. 766, An Act Regarding the Penobscot 
Nation's and Passamaquoddy Tribe's Authority to Exercise Jurisdiction under the Federal 
Tribal Law and Order Act of 2010 and the Federal Violence Against Women 
Reauthorization Act of 2013.
This bill amends state law to recognize tribal court jurisdiction, concurrent with the 
state courts, over offenses committed on tribal lands by Indian defendants against non-
Indian victims, subject to the maximum penalty provisions and due process requirements 
of the federal Tribal Law and Order Act of 2010.
This bill retains current law providing that the exclusive authority of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians to 
exercise criminal jurisdiction over Indians on tribal lands remains at the discretion of the 
tribe, nation and band.  To the extent that the tribe, nation or band does not exercise, or 
terminates its exercise of, exclusive criminal jurisdiction, the State has exclusive 
jurisdiction over those matters.
Unlike current law, this bill recognizes each tribal government's authority to define 
all crimes and juvenile offenses committed on its tribal lands over which the tribal court 
has exclusive or concurrent criminal jurisdiction.  This bill, however, retains the authority 
of the State to define all crimes and juvenile offenses committed on tribal lands over 
which state courts have exclusive or concurrent jurisdiction.
This bill repeals the language of the Maine Implementing Act regarding the 
procedure for members of the Passamaquoddy Tribe or the Penobscot Nation living in 
their respective Indian territory to petition for an extended reservation in relation to tribal 
court jurisdiction.  Those provisions are no longer necessary because this bill ensures that 
the law as amended recognizes the tribe's and nation's tribal court jurisdiction to cover the 
entirety of their tribal lands, not just reservations.
This bill recognizes federal Indian law regarding the exclusive jurisdiction of tribes to 
regulate fishing and hunting by tribal citizens of all federally recognized Indian tribes on 
tribal lands.  This bill amends the Maine Implementing Act to restore and affirm the 
exclusive jurisdiction of tribes to regulate fishing and hunting by nontribal citizens on 
tribal lands, but does not cede to the State any authority of the Maine Indian Tribal-State 
Commission to regulate fishing on boundary waters under current law.
This bill relinquishes the State's jurisdiction with respect to the regulation of fishing 
and hunting by both tribal and nontribal citizens on tribal lands.  The State, solely for 
conservation purposes, may regulate tribal members engaged in such activities off tribal 
lands to the extent permitted under general principles of federal Indian law and in a 
manner consistent with reserved tribal treaty rights.
This bill amends state law to recognize and adopt federal Indian law providing that:  
tribes have exclusive jurisdiction to tax tribal members and tribal entities on their 
respective tribal lands, including entities owned by a tribe or tribal member; tribes, tribal 
members and tribal entities are not subject to state and local sales taxation on tribal lands; 
tribal members who live on their respective tribal lands are not subject to state income tax 
for income earned on their respective tribal lands; tribal lands are not subject to state and 
local real property tax; tribes have concurrent jurisdiction to tax nonmembers on tribal 
lands; and the State and local governments have concurrent jurisdiction to tax 
nonmembers on tribal lands.
This bill amends state law to restore to the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians the exclusive authority to exercise civil 
legislative jurisdiction over Indians and non-Indians on tribal lands.  To the extent that 
the tribe, nation or band does not exercise, or terminates its exercise of, exclusive civil 
legislative jurisdiction, the State has exclusive jurisdiction over those matters.
This bill amends state law to restore to the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians the exclusive authority to exercise civil 
adjudicatory jurisdiction over Indians and non-Indians on tribal lands.  To the extent that 
the tribe, nation or band does not exercise, or terminates its exercise of, exclusive civil 
adjudicatory jurisdiction, the State has exclusive jurisdiction over those matters.
This bill amends state law to explicitly provide that, for the purposes of the 
Settlement Act, Section 6(h), any law or regulation of the United States that accords a 
special status or right to, or relates to a special status or right of, any Indian, Indian 
nation, tribe or band of Indians, Indian lands, Indian reservations, Indian country, Indian 
territory or land held in trust for Indians applies to the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians and their members and is 
deemed not to affect or preempt the civil, criminal or regulatory jurisdiction of this State, 
including, without limitation, laws of this State relating to land use or environmental 
matters.  This bill amends state law to explicitly provide that for the purposes of the 
Settlement Act, Section 16(b), the provisions of any federal law enacted after October 10, 
1980, for the benefit of Indians, Indian nations or tribes or bands of Indians, apply to the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
and their members and is deemed not to affect or preempt the application of the laws of 
this State, including application of the laws of this State to lands owned by or held in trust 
for Indians or Indian nations, tribes or bands of Indians, regardless of whether such 
federal law is specifically made applicable within this State.  Although not separately 
mentioned in the bill, the task force specifically recognized and recommended that the 
federal Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2467 (October 17, 
1990), should apply in Maine.  The portion of the bill addressing the Settlement Act, 
Section 16(b), accomplishes this goal.  For a list of other federal statutes enacted after 
October 10, 1980 that may be implicated by this portion of the bill, see the Report on 
Federal Laws Enacted After October 10, 1980 for the Benefit of Indians or Indian 
Nations, prepared by the Human Rights and Indigenous Peoples Clinic, Suffolk 
University Law School, which is reproduced in Appendix N of the Task Force Report.
This bill amends the Maine Implementing Act to recognize the ability of all Maine 
tribes to acquire trust land in accordance with their settlement acts and federal laws, such 
as the Indian Reorganization Act and its implementing regulations.  This bill amends state 
law so that, consistent with federal Indian law, state and local governments do not have 
veto power over trust acquisitions.  Finally, although the bill specifically preserves the 
portions of the Maine Implementing Act relating to the resolution of the land claims that 
led to the original enactment of the Maine Implementing Act, as the task force 
recommends, the bill eliminates the time constraints on trust land acquisitions that are 
included in the Maine Implementing Act.