An Act Implementing the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act
Maine Legislature, Session 130, LD 1626
Committee Amendment CA_B_H1007 (House)
Amends: Title 25, Section 1724, 30 MRSA §6205, 30 MRSA §6205-A, 30 MRSA §6205-B, 30 MRSA §6206, 30 MRSA §6215, 30 MRSA §6216, 30-A MRSA §5681, 36 MRSA §111, 36 MRSA §1760, 36 MRSA §5122

COMMITTEE AMENDMENT" L)" to H.P. 1210, L.D. 1626, "An Act Implementing 
the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement 
Implementing Act" 
Amend the bill in section 2 in §6202 in the 2nd indented paragraph in the 3rd line (page 
1, line 39 in L.D.) by inserting after the following: "treaty" the following: 'or otherwise 
taken' 
Amend the bill in section 2 in §6202 by striking out all of subsection 2 (page 2, lines 
to 40 in L.D.) and inserting the following: 
'2. Federal Indian law applies. Except as otherwise specified in this Act. the State, 
the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band ofMaliseet Indians 
agree and intend pursuant to United States Public Law 96-420 to recognize and adopt the 
application of federal Indian law with regard to the rights. privileges, powers, duties and 
immunities of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians and their tribal members and land or other natural resources, including 
laws and regulations and common law of the United States enacted for the benefit of 
Indians, fudian nations or tribes or bands of Indians and laws and regulations and common 
law that accord a special status or right to or that relate to a special status or right of any 
fudian, fudian nation, tribe or band of fudians, fudian lands, Indian reservations, Indian 
country, fudian territory or land or other natural resources held in trust for Indians.' 
Amend the bill in section 3 in §6203 by striking out all of subsection 1-A (page 3, lines 
to 9 in L.D.) and inserting the following: 
'1-A. Federal Indian law. "Federal Indian law" means the United States Constitution 
and all generally applicable federal statutes, regulations and common law and case law 
interpreting, implementing, applying or enforcing those laws and regulations, and 
subsequent amendments thereto, relating to the rights, status, privileges, powers, duties and 
immunities of federally recognized Indian tribes and their members and land or other 
natural resources within the United States.' 
Page I - 130LR1341(03) 
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Amend the bill in section 3 in §6203 by striking out all of subsection 2-A (page 3, lines 
to 23 in L.D.) and inserting the following: 
'2 A. H0ulton Band Trust Land. "Houlton Band Trust Land" means land or natural 
resources aeqmred b-y the secretary in trust for the Houlton Band of Maliseet Indians, in 
compliance 1.vith the terms of this Aet and the Maine Indian Claims Settlement Aet of 1980, 
United States Public Lav,r 96 420, with monOJ'S from the original $900,000 congressional 
appropriation and interest thereon deposited in the Land Acquisition Fund established for 
the Houlton Band ofMaliseet Indians pursuant to United States Public Law 96 4 20, Section 
5, United States Code, Title 25, Section 1724, or with proceeds from a taking of Houlton 
Band Trust Land for public uses pursuant to the laws of this State or the United States.' 
Amend the bill in section 3 in §6203 by inserting after subsection 2-A the following: 
'2-B. Houlton Band Trust Land. "Houlton Band Trust Land" means land or other 
natural resources acquired by the secretary in trust for the Houlton Band ofMaliseet Indians 
pursuant to the Houlton Band of Maliseet Indians Supplementary Claims Settlement Act 
of 1986, United States Public Law 99-566 or pursuant to any other applicable federal Indian 
law, including but not limited to the federal Indian Reorganization Act, Public Law 73-383 
and its implementing regulations as described in section 6205-B, subsection 2. 
2-C. Indian territory or trust land. "Indian territory or trust land" means: 
A. With respect to the Passamaquoddy Tribe, the Passamaquoddy Indian territmy; 
B. With respect to the Penobscot Nation, the Penobscot Indian territory; and 
C. With respect to the Houlton Band of Maliseet Indians, Houlton Band Trust Land.' 
Amend the bill in section 3 in §6203 by striking out all of subsection 14 (page 5, lines 
to 25 in L.D.) and inserting the following: 
'14. Tribal entity. "Tribal entity'' means an entity, including but not limited to a 
corporation, partnership. limited liability company or other enterprise, that is owned by the 
Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians or 
the tribe's, nation's or band's members, or of which more than 50% of the ownership 
interests are held in aggregate by the tribe, nation or band, the tribe's, nation's or band's 
members, or any combination thereof. For the purpose of this subsection, "member" 
includes a married couple, at least one of whom is an enrolled tribal member.' 
Amend the bill by striking out all of section 5 and insetting the following: 
'Sec. 5. 30 MRSA §6205, as amended by PL 2021, c. 139, §§1 and 2 and affected 
by §3, is further amended to read: 
§6205. Indian territory 
1. Passamaquoddy Indian territory. Subject to subsections 3, 4 and 5, the following 
lands within the State are known as the .!!Passamaquoddy Indian territory:.!! 
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 not held in common 1.vith any other person or entity and are certified by the secretary 
as held for the benefit of the Passamaquoddy Tribe: 
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"to H.P. 1210, L.D. 1626 
The lands of Great Northern Jl.fokoosa CorporatioB located iB T.1, R.8, '.V.B.K.P. 
(Lo·.velltovm), T.6, R.1, N.B.K.P. (Holeb), T.2, R.10, V/.B.L.S. aBd T.2, R.9, W.B.L.S.; 
the land of Raymidga CompaBy located iB T.1, R.5, W.B.K.P. (Jim PoBd), T.4, R.5, 
B.K.P.W.K.R. (Kmg aH.d Bartlett), T.5, R.6, B.K.P.W.K.R. aH.d T.3, R.5, 
B.K.P.W.K..R.; the laH.d of the heirs of David PiBgree located iB T.6, R.8, W.B.L.S.; 
aBy portioB of Sugar IslaH.d iB Moosehead Lake; the lands of Prefltiss aBd Carlisle 
Company located in T.9, S.D.; any portioB ofT.24, M.D.B.P.P.; the laBds of Bertram 
C. Tackeff or Northeastern Blueberry Company, fuc. iB T.19, M.D.B.P.P.; any portioB 
of T.2, R.8, N.W.P.; _aH.y portioB of T.2, R.5, '.V.B.K.P. (Alder Stream); the laBds of 
Dead River CompaBy iB T.3, R.9, MW.P., T.2, R.9, N.W.P., T.5, R.1, N.B.P.P. and 
T.5, N.D.B.P.P.; aBy portioB of T.3, R.1, N.B.P.P.; any portioB of T.3, N.D.; aBy 
pmtioB ofT.4, N.D.; aH.)' p01tion of T.39, M.D.; any portioB ofT.40, M.D.; any portioB 
of T.41, M.D.; any portioB of T.42, M.D.B.P.P.; the lands of DiamoBd futernatioBal 
CorporatioB, futernational Paper Company aH.d LincolB Pulp aH.d Paper Company 
located in Argyle; and the lands of the Dyer Interests iB T.A.R.7 W.B.L.S., T.3 R.9 
N.W.P., T.3 R.3. N.B.K.P. (1\lder Brook Tovmship), T.3 R.4 N.B.K.P. (HammoBd 
Tovmship), T.2 R.4 N.B.K.P. (Pittston Academy Graflt), T.2 R.3 N.B.K.P. 
(Soldiertovm Tovmship), and T.4 R.4 N.B.K.P. (Prefltiss Township), and any lands m 
A.lbany Tovmship acquired by the Passamaquoddy Tribe; 
B-1. The first 150,000 acres of land acquired by the secretary for the benefit of the 
Passamaquoddy Tribe, including: 
(1) All land acquired by the secretary for the benefit of the tribe prior to the 
effective date of this paragraph if those lands were acquired in accordance with the 
requirements of this Act in effect on the date of acquisition: and 
(2) Lands acquired by the secretary for the benefit of the tribe after the effective 
date of this paragraph that are within the Penobscot River watershed and all lands 
that are north and east of the Penobscot River watershed to the border with Canada, 
within the following boundaries: land located east of the mouth of the Penobscot 
River. land east of the Pertobscot River and north to 44° 50' N, all land north of 44° 
50' N westward to 69° 10' W, land east of 69° 10' W northward to 45° 55' N, land 
north of 45° 55' N westward to 69° 55' W, land west of 69° 55' W southward until 
45° 3 0' N and land north of 45° 3 0' N westward to the border with Canada, including 
mainland territory from the eastern shore of Penobscot Bay southward to 
Eggemoggin Reach and Naskeag Point, eastward to the border with Canada, and 
all Maine islands east of 68° 33' W, excepting any land that is located within: 
(a) Any portion of the Kennebec River watershed that is not described in this 
paragraph: 
(b) The headwaters of the Kennebec River watershed, including any lands that 
have shoreline around or within Moosehead Lake: 
(c) Any portion of the State that is west of the Penobscot River south of 44° 
50' N from Penobscot Bay to the boundary with New Hampshire to the west 
and land northwest to the border with Canada: or 
(d) Any city or town. 
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C. Any land not 0ticeeding 100 acres in the City of Calais acquired by the secretary 
for the benefit of the Passamaquoddy Tribe as long as the land is not held in common 
·with any other person or entity and is certified hy the secretary 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 R-0gulatory Act is 
agreed to by the State and the Passamaquoddy Tribe or the State is ordered by a 
court to negotiate suoh 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 not held in common with any other person or 
entity and is certified by the secretary as held for the benefit of the Passamaquoddy 
Trilw, 
D 1. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Centerville consisting of Parcels f .. , B and C conveyed by Bertram C. Tackeff to the 
Passamaquoddy Tribe by quitclaim deed dated July 27, 1981, recorded in the 
Washington County R-0gistry of Deeds in Book 1147, Page 251, to the ~,tentthatthe 
land is not held in common vrith any other person or entity and is certified by the 
secretary 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. Tackeffto the Passamaquoddy Tribe by quitclaim 
deed dated May 4, 1982, recorded in the '.Vashington County Registry of Deeds in 
Book 1178, Page 35, to the extent that the land is not held in common ·.vith any other 
person or entity and is certified by the secretary as held for the benefit of the 
Passamaquoddy Tribe; and 
B. Land acquired by the secretary for the benefit of the Passamaquoddy Tribe in 
Tovmship 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 ',Vashington County R-0gistry of Deeds in Book 2624, Page 301, 
to the extent that the land is not held in common with any other person or entity and is 
certified by the secretary as held for the benefit of the Passamaquoddy Tribe. 
2. Penobscot Indian territory. Subject to subsections 3, 4 and 5, the following lands 
within the State shall be are known as the .!!.Penobscot Indian territory:.!!. 
A. The Penobscot Indian Reservation; and 
E. The fast 150,000 acres of land acquired by the secretary for the benefit of the 
Penobscot }:fation- from the follovring areas or lands to the extent that those lands are 
not held in common with any other person or entity and are ceitified by the secretary 
as held for the Penobscot Nation: 
The lands of Great Northern Nek.oosa 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, 1,V.E.L.S.; 
the land of R~ymidga Company located in T.1, R.5, W.E.K.P. (Jim Pond), T.4, R.5, 
E.K.P.W.K.R. (King and Bartlett), T.5, R.6, E.K.P.W.K.R. and T.3, R.5, 
E.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 
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Company located in T.9, S.D.; any portion of T.24, M.D.B.P.P.; the lands of Bertram 
C. TackefforNortheastern 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 ofT.4, N.D.; any portion ofT.39, M.D.; any p01tion ofT.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 f..rgyle; any land acquired in Williamsburg T.6, R.8, l-L\l/.P.; atty 300 acres 
in Old To>nrn mutually agreed upon by the City of Old Tovm and the Penobscot t~ation 
Tribal Go¥ernment; any lands in Lake:ville acquired by the Penobscot Nation; 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, 
R-011ge 6 W.E.L.S. 
B-1. The first 150,000 acres of land acquired by the secretary for the benefit of the 
Penobscot Nation, including: 
(1) All land acquired by the secretary for the benefit of the nation prior to the 
effective date of this paragraph if those lands were acquired in accordance with the 
requirements of this Act in effect on the date of acquisition; and 
(2) Lands acquired by the secreta1y for the benefit of the nation after the effective 
date of this paragraph that are within the Penobscot River watershed and all lands 
that are north and east of the Penobscot River watershed to the border with Canada, 
within the following boundaries: land located east of the mouth of the Penobscot 
River, land east of the Penobscot River and north to 44° 50' N, land north of 44° 
50' N westward to 69° 10' W, land east of 69° 10' W northward to 45° 55' N, all 
land north of 45° 55' N westward to 69° 55' W, land west of 69° 55' W southward 
until 45° 30' N and land north of 45° 30' N westward to the border with Canada, 
including mainland territory from the eastern shore of Penobscot Bay southward 
to Eggemoggin Reach and Naskeag Point, eastward to the border with Canada, and 
all Maine islands east of 68° 33' W, excepting any land that is located within: 
(a) Any portion of the Kennebec River watershed that is not described in this 
paragraph; 
(b) The headwaters of the Kennebec River watershed, including any lands that 
have shoreline around or within Moosehead Lake; 
(c) Any portion of the State that is west of the Penobscot River south of 44° 
50' N from Penobscot Bay to the boundary with New Hampshire to the west 
and land northwest to the border with Canada; or 
(d) Any city or town. 
3. Takings under the laws of the 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 i§. 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 
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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 taken 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 of the affected tribe or 
nation without further approval of the State. For purposes of this section subsection, 
land along and adjacent to the Penobscot River shall be!§ 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 paragraph 
!§ 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 paragraph, 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 territory or the Penobscot 
Indian Territory territory 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 that 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--se i§. 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 without further approval of the State. To the extent that any 
moneys money received are--se is 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 3 0 days of such reinvestment, that 
portion of the land acquired by such reinvestment, not to exceed the area taken, whieh 
shall that is to be included within the respective Indian territory. No land acquired 
pursuant to this paragraph shall may be included within either Indian Teffitory territory 
until the Secretary of the Interior 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 or the Penobscot Indian territory for public uses in 
accordance with the laws of the United States and the reinvestment of the moneys money 
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"to H.P. 1210, L.D. 1626 
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 may 
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 ef 
Maine, provided, hovre:'/er, that and no lands within any city, or town, village or plantation 
shall may be added to either the Passamaquoddy Indian territory or the Penobscot Indian 
territory without approval of the legislative body of said city, or 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 tenitory and shall revert to its the status 
prior to the inclusion thereof within Indian territory.' 
Amend the bill by striking out all of section 6 and inserting the following: 
'Sec. 6. 30 MRSA §6205-A, as enacted by PL 1981, c. 675, §§2 and 8, is repealed. 
Sec, 7. 30 MRSA §6205-B is enacted to read: 
§6205-B. Acquisition of Houlton Band Trust Land 
1. Acquisition. Houlton Band Trust Land consists of land acquired by the secretary 
in trust for the Houlton Band of Maliseet Indians with 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, or with proceeds from a taking of Houlton Band Trust Land for public 
uses pursuant to the laws of the United States, including: 
A. All land or other natural resources acquired by the secretary for the benefit of the 
band prior to the effective date of this section if those lands were acquired in 
accordance with the requirements of this Act in effect on the date of acquisition: and 
B. Lands acquired by the secretary for the benefit of the band after the effective date 
of this section that are within the Penobscot River watershed and all lands that are north 
and east of the Penobscot River watershed to the border with Canada, within the 
following boundaries: land located east of the mouth of the Penobscot River, land east 
of the Penobscot River and north to 44° 50' N. land north of 44° 50' N westward to 69° 
10' W, land east of 69° 10' W northward to 45° 55' N, all land north of 45° 55' N 
westward to 69° 55' W, land west of 69° 55' W southward until 45° 30' N and land north 
of 45° 30' N westward to the border with Canada, including mainland territory from 
the eastern shore of Penobscot Bay southward to Eggemoggin Reach and Naskeag 
Point. eastward to the border with Canada, and all Maine islands east of 68° 33' W. 
excepting any land that is located within: 
(1) Any portion of the Kennebec River watershed that is not described in this 
paragraph; 
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(2) The headwaters of the Kennebec River watershed, including any lands that 
have shoreline around or within Moosehead Lake; 
(3) Any portion of the State that is west of the Penobscot River south of 44° 50' N 
and north from Penobscot Bay to the boundary with New Hampshire to the west 
and land northwest to the border with Canada; or 
(4) Any city or town. 
2. Takings for public uses. Houlton Band Trust Land may be taken for public uses 
in accordance with the laws of the State to the same extent as privately owned land. The 
proceeds from any such taking must be deposited in the Land Acquisition Fund as described 
in subsection 1. The Federal Government is a necessary party to any such condemnation 
proceeding. After exhausting all state administrative remedies, the Federal Government has 
ali absolute right to remove any action commenced in the courts of this State to a federal 
court of competent jurisdiction. 
3. Restraints on alienation. Any transfer of Houlton Band Trust Land 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); and 
E. Transfers made pursuant to a special act of Congress. 
If the fee to the Houlton Band Trust Land is lawfully transferred to any person or entity, 
the land so transferred ceases to have the status of Houlton Band Trust Land.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 30 MRSA §6206, as corrected by RR 2019, c. 2, Pt. A, §30, is further 
amended to read: 
§6206. Powers and duties Rights, privileges, powers, duties and immunities of the 
Indian tribes within their respeetive Indian tenitories and the State 
1. General Powers powers. Except as otherwise provided specified in this Act, the 
State, the Passamaquoddy Tribe ffild.,_ the Penobscot Nation, within their respeetive lHdian 
territories, shall and the Houlton Band of Maliseet Indians agree and intend pursuant to 
United States Public Law 96-420 to recognize that the Passamaquoddy Tribe, the 
Penobscot Nation, 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 1.vithout limitation, the power to enaet ordinances and colleet taxes, and shall 
be subjeet to all the duties, obligations, liabilities and limitations of a municipality of and 
subject to the lav,rs of the State, provided, hov,rever, that internal tribal matters, including 
membership in the respective tribe or nation, the right to reside within the respeetive Indian 
territories, tribal organfaation, tribal government, tribal elections and the use or disposition 
of settlement fund in.come 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 admifli&ter those laws of the State applicable to the 
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respective Indian territories and the residents thereof. Any residem of the Passamaquoddy 
Indian territory or the Penobscot Indian territory 1Nho is not a member of the respective 
tribe or nation nonetheless shall be equally emitled to receive any municipal or 
govermnemal services provided by the respective tribe or nation or by the State, ~(cept 
those services vAlich are provided exclusively to members of the respective tribe or nation 
pursuant to state or federal lav,r, and shall be entitled to vote in national, state and county 
elections in the same manner as any tribal member residing within Indian territory that 
federally recognized Indian tribes and their members generally have or exercise under 
federal Indian law, including laws and regulations of the United States enacted for the 
benefit of Indians. Indian nations or tribes or bands of Indians and laws and regulations that 
accord a special status or right to or that relate 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. 
2. Power to sue and be sued sovereign immunity. The Passamaquoddy Tribe, the 
Penobscot Nation, the Houlton Band ofMaliseet Indians and their respective members may 
sue and be sued in the courts of the State to the same extent as any other entity or person 
in the State provided, however, that the respective tribe or nation. The Passamaquoddy 
Tribe, the Penobscot Nation. the Houlton Band ofMaliseet Indians and its their respective 
officers and employees shall be are immune from suit vAlen the respective tribe or nation 
is acting in its gw;ermnemal capacity to the same extent as any municipality or like officers 
or employees thereofvlithin the State are other federally recognized Indian tribes and their 
officers and employees under federal Indian law. 
3. Ordinances. The Passamaquoddy Tribe and the Penobscot Nation each has the 
right to ~rcise ~wlusiv:e 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 must be made by each tribal goyerning body. If either tribe or nation chooses not 
to ~ercise, or to terminate its exercise of, jurisdiction as authorized by this section or 
section 6207, the State has ~wl1:1sive jurisdiction over violations of tribal ordinances by 
members of either tribe or nation within the Indian territory of that tribe or nation. The State 
has exclusive jmisdiction over violations of tribal ordinances by persons not members of 
either tribe or nation except as provided in the section or sections referenced in the 
following: 
A. Section 6209 A. 
B. Section 6209 B.' 
Amend the bill in section 10 in §6207 in subsection 1-A in the 4th line (page 14, line 
in L.D.) by inserting after the following: "their" the following: 'respective' 
Amend the bill in section 10 in §6207 by striking out all of subsection 4 (page 15, lines 
to 43 and page 16, lines 1 and 2 in L.D .) and inserting the following: 
'4. 
Sustenance fishing Fishing and taking of wildlife within the Indian 
reservations territory or trust land. Notwithstanding any rule or regulation promulgated 
adopted by the commission or any other lavr of the State, the members of the 
Passamaquoddy Tribe and_. the Penobscot Nation and the Houlton Band of Maliseet Indians 
may take fish; and wildlife within the boundaries of their respective Indian reservations, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" B"toH.P. 1210,L.D.1626 
for their individual sustenance subject to the limitations of subsection 6 territory or trust 
land.
Amend the bill in section 11 in §6207-A in the first indented paragraph in the 2nd line 
(page 17, line 16 in L.D.) by striking out the following: 
11and hereby
and inserting the 
following: 1to
Amend the bill in section 12 in §6208 in subsection 4 in the 3rd line (page 18, line 20 
in L.D.) by striking out the following: 
11and hereby
and insetting the following: 1to1 
Amend the bill in section 12 in §6208 in subsection 4 in the last line (page 18, line 24 
in L.D.) by striking out the following: 
, including entities owned by a tribe or tribal 
member
Amend the bill in section 12 in §6208 in subsection 5 in the 3rd line (page 18, line 27 
in L.D.) by striking out the following: 
11and hereby
and insetting the following: 1to1 
Amend the bill in section 12 in §6208 in subsection 5 in the last line (page 18, line 30 
in L.D.) by insetting after the following: "on" the following: 'their respective' 
Amend the bill in section 12 in §6208 by striking out all of subsection 6 (page 18, lines 
to 37 in L.D.) and insetting the following: 
16. Not subject to state income tax. For taxable years beginning January 1, 2023, the 
State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet 
Indians agree and intend pursuant to United States Public Law 96-420 to recognize and 
adopt the application of federal Indian law with regard to the right of the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians and their tribal 
members and tribal entities who reside on Indian territory or trust land of their respective 
tribe, nation or band to not be subject to state tax for income earned on their respective 
Indian territory or trust land.
Amend the bill in section 12 in §6208 in subsection 7 in the 3rd line (page 18, line 40 
in L.D.) by striking out the following: 
11and hereby
and insetting the following: 1to
Amend the bill in section 12 in §6208 in subsection 7 in the 5th line (page 18, line 42 
in L.D.) by inserting after the following: 
11Indians
the following: 'and their tribal members 
and tribal entities' 
Amend the bill in section 12 in §6208 in subsection 8 in the 3rd line (page 19, line 1 in 
L.D.) by striking out the following: "and hereby
and insetting the following: 
1to' 
Amend the bill in section 12 in §6208 in subsection 9 in the first line (page 19, line 9 
in L.D.) by insetting after the following: "income tax
the following: 
Amend the bill in section 12 in §6208 in subsection 9 in the 3rd line (page 19, line 11 
in L.D.) by striking out the following: 
11owned by" and insetting the following: 
1of 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph A in subparagraph 
(1) in the first line (page 19, line 16 in L.D.) by striking out the following: 
11from sales
and 
inserting the following: 'from state sales' 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph A in subparagraph 
(2) in the first line (page 19, line 18 in L.D.) by striking out the following: 
11from income
and insetting the following: 'from state income' 
COMMITTEE AMENDMENT 
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J 
COMMITIEEAMENDMENT"g "toH.P.1210,L.D.1626 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph A in subparagraph 
(2) in the last line (page 19, line 20 in L.D.) by inserting after the following: "on" the 
following: 'that' 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph B in the 3rd line 
(page 19, line 23 in L.D.) by striking out the following: "collected" and inserting the 
following: 'on nonmembers collected for sales' 
Amend the bill in section 12 in §6208 in subsection 9 in paragraph C in the 4th line 
(page 19, line 29 in L.D.) by striking out the following: "Indian territory or trust land" and 
inserting the following: 'fee lands wholly' 
Amend the bill in section 14 in §6209-A in subsection 1-A in paragraph Bin the last 4 
lines (page 21, lines 14 to 17 in L.D.) by striking out the following: "The Passamaquoddy 
Tribe may not deny to any criminal defendant prosecuted under this paragraph for a Class 
C crime the rights and protections enumerated in 25 United States Code. Section 1302(c)." 
Amend the bill in section 14 in §6209-A in subsection 1-A in the 2nd blocked 
paragraph in the 5th line (page 21, line 32 in L.D.) by inserting after the following: "State" 
the following: '. except that the punishments imposed may not exceed the maximum 
punishments set forth in 25 United States Code. Section 1302(a)(7)' 
Amend the bill in section 14 in §6209-A by striking out all of subsection 2 (page 21, 
lines 40 to 45 and page 22, lines 1 to 5 in L.D.) and inserting the following: 
'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 crimes and 
juvenile crimes and the punishments applicable to those criminal offenses crimes 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, except that the punishments imposed may not 
exceed the maximum punishments set f01th in 25 United States Code, Section 1302(a)(7). 
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.' 
Amend the bill in section 14 in §6209-A in subsection 4-A in the 3rd line (page 23, 
line 3 in L.D.) by striking out the following: "and hereby" and insetting the following: 'to' 
Amend the bill in section 15 in §6209-B in subsection 1-A in paragraph Bin the last 3 
lines (page 24, lines 3 8 to 40 in L.D.) by striking out the following: "The Penobscot Nation 
may not deny to any criminal defendant prosecuted under this paragraph for a Class C 
crime the rights and protections enumerated in 25 United States Code, Section 1302(c)." 
Amend the bill in section 15 in §6209-B in subsection 1-A in the 2nd blocked paragraph 
in the 5th line (page 25, line 10 in L.D.) by inserting after the following: "State" the 
following: ', except that the punishments imposed may not exceed the maximum 
punishments set forth in 25 United States Code, Section 1302(a)(7)' 
Amend the bill in section 15 in §6209-B in subsection 2 in the 7th line (page 25, line 
in L.D.) by inserting after the following: "State" the following: '. except that the 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" e 
"to H.P. 1210, L.D. 1626 
punishments imposed may not exceed the maximum punishments set forth in 25 United 
States Code. Section 1302(a)(7)' 
Amend the bill in section 15 in §6209-B in subsection 4-A in the 3rd line (page 26, line 
in L.D.) by striking out the following: "and hereby" and insetting the following: 'to' 
Amend the bill in section 16 in §6209-C in subsection 1-C in paragraph Bin the last 4 
lines (page 29, lines 34 to 37 in L.D.) by striking out the following: "The Houlton Band of 
Maliseet Indians may not deny to any criminal defendant prosecuted under this paragraph 
for a Class C crime the rights and protections enumerated in 25 United States Code. Section 
1302(c)." 
Amend the bill in section 16 in §6209-C in subsection 1-C in the last blocked paragraph 
in the 5th line (page 30, line 9 in L.D.) by inserting after the following: "State" the 
following: '. except that the punishments imposed may not exceed the maximum 
punishments set forth in 25 United States Code, Section 1302(a)(7)' 
Amend the bill in section 16 in §6209-C in subsection 2 in the 6th line (page 30, line 
in L.D.) by inserting after the following: "State" the following: '. except that the 
punishments imposed -may not exceed the maximum punishments set forth in 25 United 
States Code. Section l302(a)(7)' 
Amend the bill in section 16 in §6209-C in subsection 5-A in the 3rd line (p.age 31, line 
in L.D.) by striking out the following: "and hereby" and inserting the following: 'to' 
Amend the bill in section 18 in §6210 in subsection 2 in the 4th and 5th lines (page 32, 
lines 40 and 41 in L.D.) by striking out the following: "both Indian territories and" and 
inserting the following: 'beth Indian territories territory or' 
Amend the bill by striking out all of section 22 and inserting the following: 
'Sec. 22. 30 MRSA §6215 is enacted to read: 
§6215. Civil jurisdiction 
1. Nonmembers subject to state laws on Indian territory or trust land. The State, 
the Passamaquoddy Tribe. the Penobscot Nation and the Houlton Band of Maliseet Indians 
agree and intend pursuant to United States Public Law 96-420 to recognize and adopt the 
application of federal Indian law with regard to the applicability of the laws of the State to 
nonmembers on the Indian territory or trust land of the Passamaquoddy Tribe. the 
Penobscot Nation and the Houlton Band ofMaliseet Indians. except as otherwise provided 
in this Act 
2. Members and entities not subject to state laws on Indian territory or trust land. 
The State, the Passamaquoddy Tribe. the Penobscot Nation and the Houlton Band of 
Maliseet Indians agree and intend pursuant to United States Public Law 96-420 to 
recognize that, except as otherwise provided in this Act or by federal Indian law. the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band ofMaliseet Indians and 
their respective tribal members and tribal entities are not subject to the laws of the State. 
including state and local civil regulatory jurisdiction. on their respective Indian territory or 
trust land. 
3. Exclusive civil regulatory authority over tribal members and tribal entities on 
Indian territory or trust land. The State, the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band ofMaliseet Indians agree and intend pursuant to United States 
COMMITTEE AMENDMENT 
PQS 
COMMITTEE AMENDMENT" t "to H.P. 1210, L.D. 1626 
Public Law 96-420 to recognize that, except as otherwise provided in this Act or by federal 
Indian law, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians have exclusive civil regulatory jurisdiction over their respective tribal 
members and tribal entities on their respective Indian territory or trust land. 
4. Concurrent civil regulatory authority over nonmembers on Indian territory or 
trust land. The State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians agree and intend pursuant to United States Public Law 96-420 to 
recognize that, except as otherwise provided in this Act or by federal Indian law, the 
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians, the 
State and local governments have concurrent civil regulatory jurisdiction over nonmembers 
on the Indian territory or trust land of the Passamaquoddy Tribe, the Penobscot Nation and 
the Houlton Band ofMaliseet Indians.' 
Amend the bill by striking out all of section 23 and inserting the following: 
'Sec. 23. 30 MRSA §6216 is enacted to read: 
§6216. Federal laws apply; do not affect or preempt the laws of this State 
The State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of 
Maliseet Indians agree and intend pursuant to United States Public Law 96-420 that any 
law of this State, including, without limitation, laws of this State relating to land use or 
environmental matters, that is contraty to 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, or that would be affected or preempted by such 
law or regulation of the United States, does not apply to the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band of Maliseet Indians and their tribal members and 
lands, except as otherwise provided by this Act or federal Indian law. Except for laws that 
conflict with the jurisdiction over crimes and juvenile crimes described in this Act, the 
State, the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band ofMaliseet 
Indians further agree and intend pursuant to United States Public Law 96-420 that any law 
or regulation of the United States enacted before or after October 10, 1980 that accords a 
special status 01· 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, 
the Houlton Band ofMaliseet Indians and their tribal members and lands.' 
Amend the bill in section 24 in §6217 in subsection 1 in the 5th line (page 36, line 14 
in L.D.) by striking out the following: "or legislation and" and inserting the following: ',. 
legislation or' 
Amend the bill in section 24 in §6217 in subsection 1 in the 8th line (page 36, line 17 
in L.D.) by striking out the following: "tribes and" and inserting the following: 'tribes or' 
Amend the bill in section 24 in §6217 in subsection 2 in paragraph A in the 3rd line 
(page 36, line 24 in L.D.) by striking out the following: "25" and inserting the following: 
'35' 
Amend the bill in section 24 in §6217 in subsection 4 in the first line (page 37, line 16 
in L.D.) by striking out the following: "2021" and inserting the following: '2022' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "B "to H.P. 1210, L.D. 1626 
Amend the bill in section 24 in § 6217 in subsection 5 in the first line (page 3 7, line 31 
in L.D.) by striking out the following: "2021" and inserting the following: 120221 
Amend the bill in section 24 in §6217 in subsection 8 in the first line (page 38, line 5 
in L.D.) by striking out the following: 
112022
and inserting the following: 12023 1 
Amend the bill in section 26 in §6219 in the first indented paragraph in the first line 
(page 3 8, line 25 in L.D.) by striking out the following: "2021" and inserting the following: 
120221 
Amend the bill by striking out all of section 28 and inserting the following: 
'Sec, 28. 30-A MRSA §5681, sub-§7, as enacted by PL 1989, c. 871, §1 and 
affected by §22, is amended to read: 
7. 
Indian territory. 
For purposes of state-municipal revenue sharing, the 
Passamaquoddy +Fiee Indian territory and the Penobscot NatieH- Indian Territories shall 
·territory must be treated as if they were municipalities. In the absence of a levy ofreal and 
, personal property taxes in either or both such an Indian tel'fitories territory. the property tax 
assessment is computed by multiplying the state valuation for the Indian territory for the 
period for which revenue sharing is being determined by the most current average equalized 
property tax rate of all municipalities in the State at that time as determined by the State 
Tax Assessor.' 
Amend the bill in section 30 in subsection 1-E in the last line (page 40, line 5 in L.D.) 
by striking out the following: "2-A" and inserting the following: 12-B' 
Amend the bill by striking out all of section 31 and inserting the following: 
'Sec. 31. 36 MRSA §111, sub-§1-F is enacted to read: 
1-F. Indian territory or trust land. "Indian territory or trust land" has the same 
meaning as in Title 30, section 6203, subsection 2-C.' 
Amend the bill by striking out all of section 32 and inserting the following: 
'Sec. 32. 36 MRSA §111, sub-§2-A is enacted to read: 
2-A. Passamaquoddy Indian territory. "Passamaquoddy Indian territory" has the 
same meaning as in Title 30, section 6203, subsection 6.' 
Amend the bill by striking out all of section 33 and inserting the following: 
'Sec. 33. 36 MRSA §111, sub-§2-B is enacted to read: 
2-B. Passamaquoddy Tribe. "Passamaquoddy Tribe" has the same meaning as in 
Title 30, section 6203, subsection 7.
Amend the bill by striking out all of section 34. 
Amend the bill by striking out all of section 3 5 and inserting the following: 
'Sec. 35. 36 MRSA §111, sub-§2-C is enacted to read: 
2-C. Penobscot Indian territory. "Penobscot Indian territory" has the same meaning 
as in Title 30, section 6203, subsection 9.' 
Amend the bill by striking out all of section 3 6 and inserting the following: 
'Sec. 36. 36 MRSA §111, sub-§2-D is enacted to read: 
COMMITTEE AMENDMENT 
~OS 
COMMITIBE AMENDMENT" B 
"to H.P. 1210, L.D. 1626 
2-D. Penobscot Nation. "Penobscot Nation" has the same meaning as in Title 30, 
section 6203, subsection 10.' 
Amend the bill by striking out all of section 3 9 and inserting the following: 
'Sec, 39. 36 MRSA §1760, sub-§112 is enacted to read: 
112. Certain sales to Passamaquoddy Tribe, Penobscot Nation and Houlton Band 
of Maliseet Indians and their tribal members. Sales in, into, on, from or otherwise 
sourced to: 
A. Passamaquoddy Indian territory that are made by or to the Passamaquoddy Tribe, 
by or to any tribal member of the Passamaquoddy Tribe or by or to any tribal entity of 
the Passamaquoddy Tribe: 
B. Penobscot Indian territo1y that are made by or to the Penobscot Nation, by or to any 
tribal member of the Penobscot Nation or by or to any tribal entity of the Penobscot 
Nation: and 
• 
C. Houlton Band Trust Land that are made by or to the Houlton Band of Maliseet 
Indians, by or to any tribal member· of the Houlton Band of Maliseet Indians or by or 
to any tribal entity of the Houlton Band ofMaliseet Indians. 
If the property or service is used by the purchaser, including any lessee, primarily outside 
of the Indian territory or trust land identified in this subsection, the purchaser is liable for 
use tax based on the original sale price, unless otherwise exempt under this Part. For 
purposes of this subsection, "primarily" when used in relation to property or service means 
more than 50% of that period of time that begins on the date on which the property or 
service is first placed in service by the purchaser and ends one year from that date or at the 
time that the property or service is sold, scrapped, destroyed or otherwise permanently 
removed from service, whichever occurs first.' 
Amend the bill in section 40 in §1815 in subsection 2 in the 3rd line (page 41, line 32 
in L.D.) by striking out the following: "occurring on" the following: 'ooourring on, in, into, 
from or otherwise sourced to' 
Amend the bill by striking out all of section 41 and inserting the following: 
'Sec. 41. 36 MRSA §5122, sub-§2, 'JXX is enacted to read: 
XX. For taxable years beginning on or after January 1, 2023: 
(1) Income of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians that is earned on or from activities occurring on or 
otherwise sourced to the tribe's, nation's or band's Indian territory or trust land: and 
(2) Income of the tribal members and tribal entities of the Penobscot Nation, the 
Passamaquoddy Tribe and the Houlton Band ofMaliseet Indians, as long as: 
(a) The income is earned on or from activities occurring on or otherwise 
sourced to the Indian territo1y or trust land of the tribal member's or tribal 
entity's tribe, nation or band; and 
(b) The tribal member or tribal entity resides on the Indian territory or trust 
land of that tribal member's or tribal entity's tribe, nation or band. For purposes 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"! "to H.P. 1210, L.D. 1626 
of this paragraph, a tribal entity "resides" where its principal place of business 
is located.' 
Amend the bill in section 42 in the 11th line (page 42, line 19 in L.D.) by striking out 
the following: "2021" and inserting the following: 120221 
Amend the bill in section 42 in the 11th and 12th lines (page 42, lines 19 and 20 in 
L.D.) by striking out the following: "Joint Standing Committee on Judiciary" and insetting 
the following: Joint standing committee of the Legislature having jurisdiction over 
judiciary matters' 
Amend the bill in section 42 in the next to the last line (page 42, line 22 in L.D.) by 
striking out the following: "Second Regular Session of the 130th" and inserting the 
following: 'First Regular Session of the 131st' 
Amend the bill by striking out all of section 43 and inserting the following: 
'Sec. 43. Appropriations and allocations. The following appropriations and 
allocations are made. 
TREASURER OF STATE, OFFICE OF 
Maliseet Sales Tax Fund N952 
Initiative: Establishes the Maliseet Sales Tax Fund to collect and remit sales tax collected 
on Houlton Band Trust Land. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Penobscot Sales Tax Fund N951 
2021-22 
$0 
$0 
2022-23 
$500 
$500 
Initiative: Establishes the Penobscot Sales Tax Fund to collect and remit sales tax collected 
on Penobscot Indian territory or trust lands. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
TREASURER OF STATE, OFFICE OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL- ALL FUNDS 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2022-23 
$500 
$500 
2022-23 
$1,000 
$1,000 
Sec. 44. 
Contingent effective date, This Act takes effect 120 days after 
adjournment of the Second Regular Session of the 130th Legislature only if, within 90 days 
after adjournment of the Second Regular Session of the 130th Legislature, the Secretary of 
State receives written certification from the Joint Tribal Council of the Passamaquoddy 
COMMITTEE AMENDMENT 
:)8 
COMMITTEE AMENDMENT 'E "to H.P. 1210, L.D. 1626 
Tribe that the tribe has agreed to the provisions of this Act; from the Governor and the 
Council of the Penobscot Nation that the nation has agreed to the provisions of this Act; 
and fi:om 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. 
Upon such written certification by the Houlton Band Council of the Houlton Band of 
Maliseet Indians, each section of this Act regarding or affecting the Houlton Band of 
Maliseet Indians and its tribal members and lands constitutes a jurisdictional agreement for 
purposes of the Maine Indian Claims Settlement Act of 1980, United States Public Law 
96-420, Section 6(e)(2). Such written certification by the Houlton Band Council of the 
Houlton Band of Maliseet Indians does not constitute an agreement that the contingencies 
in Public Law 1981, chapter 675 were met or that the provisions of Public Law 1981, 
chapter 675 ever took effect.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
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 173 5, is referred to as "the federal Settlement Act." 
This amendment, which is the minority report of the committee, makes the following 
changes to the bill. 
1. 
It amends the definition of "federal Indian law" to mean the United States 
Constitution and all generally applicable federal statutes, regulations and common law and 
case law interpreting, implementing, applying or enforcing those federal laws and 
regulations, and subsequent amendments thereto, relating to the rights, status, privileges, 
powers, duties and immunities offederally recognized Indian tribes and their members and 
lands or other natural resources within the United States. 
2. It amends the definition of "tribal entity" to include a limited liability company and 
makes other technical changes to the language of the definition for purposes of clarity. 
3. It defines "Indian territory or trust land" to include, with respect to the 
Passamaquoddy Tribe and the Penobscot Nation, the tribe's or nation's Indian territory and, 
with respect to the Houlton Band of Maliseet Indians, Houlton Band Trust Land. This 
phrase is used throughout the bill and the amendment to describe the lands over which the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians 
may exercise rights, powers, duties and immunities similar to those of other federally 
recognized Indian tribes within the United States. 
4. It repeals the provisions of the Maine Implementing Act that specify the geographic 
areas within which the United States Secretary of the Interior may acquire up to 150,000 
acres of trust land each for the benefit of the Passamaquoddy Tribe and the Penobscot 
Nation, which trust lands are included within the tribe's or the nation's respective Indian 
territories, and enacts new provisions authorizing the secretary to acquire up to 150,000 
acres of trust land each for the benefit of the Passamaquoddy Tribe and the Penobscot 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,i "to H.P. 1210, L.D. 1626 
Nation within the Penobscot River watershed and points north and east, as long as such 
land is not located within a city or town. 
5. It repeals the provisions of the Maine Implementing Act governing the acquisition 
of Houlton Band Trust Land and enacts a new provision authorizing the United States 
Secretary of the Interior to acquire trust land for the benefit of the Houlton Band of Maliseet 
Indians within the Penobscot River watershed and points north and east, as long as such 
land is not located within a city or town. 
6. It provides that the Passamaquoddy Tribe, the Penobscot Nation and the Houlton 
Band of Maliseet Indians, as well as their officers and employees, are immune from suit to 
the same extent as other federally recognized Indian tribes and their officers and employees 
under federal Indian law. 
7. It clarifies that, when the tribal courts of the Passamaquoddy Tribe, the Penobscot 
Nation and the Houlton Band of Maliseet Indians exercise exclusive or concurrent criminal 
jurisdiction, the definitions of the criminal offenses and the punishments applicable to those 
criminal offenses are governed by state law, except that the punishments imposed by a 
tribal court may not exceed the maximum punishments that a tribal court may impose under 
United States Code, Section 1302(a)(7). 
8. It makes several technical changes to the tax provisions of the bill to align and ensure 
consistency between the language of the provisions within the Maine Implementing Act 
and the language of the provisions within the Maine Revised Statutes, Title 36. 
9. It provides that the Department of Administrative and Financial Services, Maine 
Revenue Services may enter into tax revenue-sharing agreements with the Passamaquoddy 
Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians with respect to tax 
collected on sales on, in, into, from or otherwise sourced to fee lands wholly owned by the 
tribe, nation or band. 
10. It removes the provision of the bill providing that the Passamaquoddy Tribe, the 
Penobscot Nation and the Houlton Band ofMaliseet Indians may not conduct gaming under 
the authority of the federal Indian Gaming Regulat01y Act. 
11. It increases from 25 to 35 the number of days within which the Passamaquoddy 
Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians may, after the date of 
the mailing of a state agency's proposal to develop a rule, legislation or other policy 
statement or action that may directly and substantially affect that tribe, nation or band, 
request that the state agency consult with the tribe, nation or band prior to taking the 
proposed action. 
12. It increases by a year the deadlines established by the bill for each state agency to 
adopt tribal consultation policies; for each state agency to designate a tribal liaison; for 
each state agency to provide its first annual report on tribal consultation; and for the 
Governor to convene the first annual assembly of the Governor and the chiefs of the 
Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians. 
13. It repeals or repeals and replaces each provision of the Maine Implementing Act 
that was enacted by Public Law 1981, chapter 675 and provides that, if the Houlton Band 
Council of the Houlton Band of Maliseet Indians ce11ifies its agreement to the provisions 
of this legislation, that agreement constitutes a jurisdictional agreement between the State 
and the Houlton Band of Maliseet Indians for purposes of Section 6( e )(2) of the federal 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" t" to H.P. 1210, L.D. 1626 
Settlement Act but does not constitute an agreement by the Houlton Band of Maliseet 
Indians that the provisions of Public Law 1981, chapter 675 ever took effect. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
\ 
Approved: 03/31/22 ;!:Pae 
LD 1626 
LR 1341(03) 
An Act Implementing the Recommendations of the Task Force on Changes to the Maine Indian 
Claims Settlement Implementing Act 
Fiscal Note for Bill as Amended by Committee Amendment 'B' ( f/-j fJO 7) 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$0 
$0 
$0 
$0 
$0 
FY 2022-23 
$44,650 
$0 
$1,000 
($44,650) 
($2,350) 
Projections 
FY 2023-24 
$218,000 
$66,000 
$1,000 
($152,000) 
($59,500) 
Projections 
FY 2024-25 
$201,400 
$0 
$1,000 
($201,400) 
($62,100) 
This bill exempts income earned and sales made by tribal members on Indian territory or trust land from income and 
sales taxes and will reduce General Fund revenue by $44,650 in fiscal year 2022-23 and $152,000 in fiscal year 2023-
24. It reduces Local Government Fund revenue by $2,350 in fiscal year 2022-23 and $8,000 in fiscal year 2023-24. 
The bill creates the Maliseet Sales Tax Fund and the Penobscot Sales Tax Fund to collect and remit sales tax collected 
on Indian territory or tribal lands and provides baseline allocations of $500 to each fund in fiscal year 2022-23. 
Blueberries grown on tribal lands and processed in the State are exempt from the blueberry tax, reducing revenue to 
the Wild Blueberry Commission of Maine by $51,500 annually beginning in fiscal year 2023-24. The bill also 
exempts Indian territory and trust lands from property taxes and payments in lieu of taxes. This will reduce revenue to 
municipalities. No estimate of this loss can been made. 
The Department of Administrative and Financial Services will require a one-time General Fund appropriation of 
$66,000 in fiscal year 2023-24 for computer programming to add lines to the individual, fiduciary and corporate 
income tax returns. 
The Maine Indian Tribal-State Commission will incur additional costs as a result of the requirements of this bill. 
While the Co1mnission has sufficient budgeted resources to cover these costs in the current 2022-2023 biennium as a 
result of one-time funding included in PL 2021, c. 398, ongoing costs from the bill could require additional funding in 
the 2024-2025 biennium.